Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations 66295 should be addressed to the Audio at this time. Instead, the issue of invertebrate species known only from Services Division, (202) 418–2700. opening a filing window for this Comal and Hays counties, Texas, to be SUPPLEMENTARY INFORMATION: This is a channel will be addressed by the endangered species under the synopsis of the Commission’s Report Commission in a subsequent Order. Endangered Species Act of 1973, as and Order, MM Docket No. 97–195, FOR FURTHER INFORMATION CONTACT: amended (Act). The invertebrates to be adopted December 3, 1997, and released Nancy Joyner, Mass Media Bureau, (202) listed are Peck’s cave amphipod December 12, 1997. The full text of this 418–2180. Questions related to the ( pecki), Comal Springs Commission decision is available for window application filing process riffle beetle (Heterelmis comalensis), inspection and copying during normal should be addressed to the Audio and Comal Springs dryopid beetle business hours in the FCC’s Reference Services Division, (202) 418–2700. ( comalensis). The primary Center (Room 239), 1919 M Street, NW., SUPPLEMENTARY INFORMATION: This is a threat to these species is a decrease in Washington, DC. The complete text of synopsis of the Commission’s Report water quantity and quality as a result of this decision may also be purchased and Order, MM Docket No. 97–193, water withdrawal and other human from the Commission’s copy contractor, adopted November 26, 1997, and activities throughout the San Antonio International Transcription Service, released December 12, 1997. The full segment of the Edwards Aquifer. This Inc., 1231 20th Street, NW., text of this Commission decision is action implements Federal protection Washington, DC 20036, (202) 857–3800. available for inspection and copying provided by the Act for these three invertebrates. List of Subjects in 47 CFR Part 73 during normal business hours in the FCC’s Reference Center (Room 239), EFFECTIVE DATE: January 20, 1998. Radio broadcasting. 1919 M Street, NW., Washington, DC. ADDRESSES: The complete file for this Part 73 of Title 47 of the Code of The complete text of this decision may rule is available for inspection, by Federal Regulations is amended as also be purchased from the appointment, during normal business follows: Commission’s copy contractor, hours at the Ecological Services Field International Transcription Service, Office, U.S. Fish and Wildlife Service, PART 73Ð[AMENDED] Inc., 1231 20th Street, NW., 10711 Burnet Road, Suite 200, Austin, 1. The authority citation for part 73 Washington, DC 20036, (202) 857–3800. Texas 78758. continues to read as follows: FOR FURTHER INFORMATION CONTACT: List of Subjects in 47 CFR Part 73 Ruth Stanford, Ecologist (see ADDRESSES Authority: 47 U.S.C. 154, 303, 334, 336. Radio broadcasting. section) (512/490–0057; facsimile (512/ § 73.202 [Amended] Part 73 of Title 47 of the Code of 490–0974). 2. Section 73.202(b), the Table of FM Federal Regulations is amended as SUPPLEMENTARY INFORMATION: Allotments under Hawaii, is amended follows: by adding Haiku, Channel 293C. Background PART 73Ð[AMENDED] Federal Communications Commission. The Service designates Peck’s cave amphipod (Stygobromus pecki), Comal John A. Karousos, 1. The authority citation for part 73 continues to read as follows: Springs riffle beetle (Heterelmis Chief, Allocations Branch, Policy and Rules comalensis), and Comal Springs dryopid Division, Mass Media Bureau. Authority: 47 U.S.C. 154, 303, 334, 336. beetle (Stygoparnus comalensis) as [FR Doc. 97–33047 Filed 12–17–97; 8:45 am] § 73.202 [Amended] endangered under the authority of the BILLING CODE 6712±01±P 2. Section 73.202(b), the Table of FM Act (16 U.S.C. 1531 et seq.). These three Allotments under Hawaii, is amended aquatic invertebrate species are FEDERAL COMMUNICATIONS by adding Kaunakakai, Channel 272C. restricted in distribution to spring sites in Comal and Hays counties, Texas, and COMMISSION Federal Communications Commission. in the case of Peck’s cave amphipod and John A. Karousos, 47 CFR Part 73 Comal Springs dryopid beetle, the Chief, Allocations Branch, Policy and Rules associated aquifer. Peck’s cave [MM Docket No. 97±193; RM±9125] Division, Mass Media Bureau. amphipod is known from Comal Springs [FR Doc. 97–33045 Filed 12–17–97; 8:45 am] and Hueco Springs, both in Comal Radio Broadcasting Services; BILLING CODE 6712±01±P County. The Comal Springs riffle beetle Kaunakakai, HI is known from Comal Springs and San AGENCY: Federal Communications Marcos Springs (Hays County). The Commission. DEPARTMENT OF THE INTERIOR Comal Springs dryopid beetle is known ACTION: Final rule. from Comal Springs and Fern Bank Fish and Wildlife Service Springs (Hays County). SUMMARY: This document allots Channel 50 CFR Part 17 The water flowing out of each of these 272C to Kaunakakai, Hawaii, as that spring orifices comes from the Edwards community’s first local aural RIN 1018±AD28 Aquifer (Balcones Fault Zone—San transmission service, in response to a Antonio Region), which extends from petition for rule making filed on behalf Endangered and Threatened Wildlife Hays County west to Kinney County. of Native Hawaiian Broadcasting. See 62 and Plants; Final Rule To List Three Comal Springs are located in Landa FR 47406, September 9, 1997. Aquatic Invertebrates in Comal and Park, which is owned and operated by Coordinates used for Channel 272C at Hays Counties, TX, as Endangered the City of New Braunfels, and on Kaunakakai, Hawaii, are 21–05–30 and AGENCY: Fish and Wildlife Service, private property adjacent to Landa Park. 157–01–24. With this action, the Interior. Hueco Springs and Fern Bank Springs proceeding is terminated. ACTION: Final rule. are located on private property. The San DATES: Effective January 26, 1998. A Marcos Springs are located on the filing window for Channel 272C at SUMMARY: The Fish and Wildlife Service property of Southwest Texas State Kaunakakai, Hawaii, will not be opened (Service) determines three aquatic University. 66296 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations

Peck’s cave amphipod is a farther to the west in the Big Bend amphipod, the Comal Springs dryopid subterranean, aquatic in the region (Bosse et al. 1988). beetle does not swim, and it may have family . The Comal Adult Comal Springs riffle beetles are a smaller range within the aquifer. Springs riffle beetle is an aquatic, about 2 millimeters (mm) (1⁄8 inch (in)) The exact depth and subterranean surface-dwelling species in the family long, with females slightly larger than extent of the ranges of the two Elmidae. The Comal Springs dryopid males. Unlike the other two organisms subterranean species (Comal Springs beetle is the only known subterranean listed here, the Comal Springs riffle dryopid beetle and Peck’s cave member of the beetle family Dryopidae. beetle is not a subterranean species. It amphipod) are not precisely known Elmid and dryopid beetles live occurs in the gravel substrate and because of a lack of methodologies primarily in flowing, uncontaminated shallow riffles in spring runs. Some available for studying karst aquifer waters. riffle beetle species can fly (Brown systems and the organisms that inhabit The first recorded specimen of the 1987), but the hind wings of H. such systems. Presumably an amphipod Stygobromus (=Stygonectes) comalensis are short and almost interconnected area, the subterranean pecki (Holsinger 1967) was collected by certainly non-functional, making the portion of this habitat, provides for Peck at Comal Springs in June 1964. species incapable of this mode of feeding, growth, survival, and Reddell collected a second specimen at dispersal (Bosse et al. 1988). reproduction of the Comal Springs the same place in May 1965. In 1967, Larvae have been collected with dryopid beetle and Peck’s cave Holsinger named the species adults in the gravel substrate of the amphipod. However, no specimens of Stygonectes pecki, in Peck’s honor, spring headwaters and not on these species have appeared in selecting the 1965 specimen as the type submerged wood as is typical of most collections from 22 artesian and specimen. Later he included all the Heterelmis species (Brown and Barr pumped wells flowing from the nominal Stygonectes species in the 1988). Usual water depth in occupied Edwards Aquifer (Barr 1993) suggesting synonymy of the large genus habitat is 2 to 10 centimeters (cm)(1 to that these species may be confined to Stygobromus. The Service has used 4 in) although the beetle may also occur small areas surrounding the spring ‘‘cave amphipod’’ as a generic common in slightly deeper areas within the openings and are not distributed spring runs. Populations are reported to name for members of this genus, and throughout the aquifer. Barr (1993) also reach their greatest densities from this name was simply transliterated as surveyed nine springs in Bexar, Comal, February to April (Bosse et al. 1988). ‘‘Peck’s cave amphipod’’ without and Hays counties considered most The Comal Springs riffle beetle has been reference to a particular cave. likely to provide habitat for endemic collected from spring runs 1, 2, and 3 Over 300 specimens of Peck’s cave invertebrates and found Stygoparnus at Comal Springs in Landa Park (springs amphipod have been collected since its comalensis only at Comal and Fern j, k, and l in Brune 1981) and a single Bank springs and Stygobromus pecki description. Most specimens were specimen was collected from San only at Comal and Hueco springs. netted from crevices in rock and gravel Marcos Springs 32 km (20 mi) to the near the three largest orifices of Comal northeast. Although these species are fully Springs on the west side of Landa Park The Comal Springs dryopid beetle is aquatic and two of the three require in Comal County, Texas (Arsuffi 1993, a recently discovered species. It was flowing water for respiration, the Barr 1993). Barr collected one specimen first collected in 1987 and described as absolute low water limits for survival from a fourth Comal spring run on a new genus and species in 1992 by Barr are not known. They survived the private property adjacent to Landa Park (California State University) and drought of the middle 1950’s, which and one specimen from Hueco Springs, Spangler (National Museum of Natural resulted in cessation of flow at Comal about 7 kilometers (km) (4 miles (mi)) History, Smithsonian Institution). Adult Springs from June 13 through November north of Comal Springs (Barr 1993). Comal Springs dryopid beetles are about 3, 1956. Hueco Springs is documented Despite extensive collecting efforts, no 3.0–3.7 mm (1⁄8 inch) long. They have to have gone dry in the past (Brune specimens have been found in other vestigial (non-functional) eyes, are 1981, Barr 1993) and, although no areas of the Edwards Aquifer. weakly pigmented, translucent, and information is available for Fern Bank Like all members of the exclusively thin-skinned. This species is the first Springs, given its higher elevation, it subterranean genus Stygobromus, this subterranean aquatic member of its has probably gone dry as well (Glenn species is eyeless and unpigmented, family to be discovered (Brown and Barr Longley, Edwards Aquifer Research and indicating that its primary habitat is a 1988; Barr, in litt. 1990; Barr and Data Center, personal communication, zone of permanent darkness in the Spangler 1992). 1993). San Marcos Springs has not gone underground aquifer feeding the Collection records for the Comal dry in recorded history. springs. Above ground, individuals are Springs dryopid beetle are primarily These invertebrates were not easy prey for predators, but they usually from spring run 2 at Comal Springs, but extirpated by the only recorded take shelter in the rock and gravel they have also been collected from runs temporary cessation of spring flow. crevices and may succeed in reentering 3 and 4 at Comal and from Fern Bank However, given that they are fully the spring orifice. Barr (1993) got most Springs about 32 km (20 mi) to the aquatic and that no water was present specimens in drift nets at spring orifices northeast in Hays County. Collections in the springs for a period of several and found them less often as she moved have been from April through August. months, they were probably negatively downstream, supporting the notion that Most of the specimens have been taken impacted. These species are not likely they may be easy prey and do not likely from drift nets or from inside the spring adapted to surviving long periods of survive for long outside the aquifer. orifices. Although the larvae of the drying (up to several years in duration) The Comal Springs riffle beetle is a Comal Springs dryopid beetle have been that may occur in the absence of a water small, aquatic beetle known from Comal collected in drift nets positioned over management plan for the Edwards Springs and San Marcos Springs. It was the spring openings, they are presumed Aquifer that accommodates the needs of first collected by Bosse in 1976 and was to be associated with air-filled voids these invertebrates. Stagnation of water described in 1988 by Bosse et al. The inside the spring orifices since all other may be a limiting condition, particularly closest relative of H. comalensis appears known dryopid beetle larvae are for the Comal Springs dryopid beetle to be H. glabra, a species that occurs terrestrial. Unlike Peck’s cave and Peck’s cave amphipod. Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations 66297

Stagnation of water and/or drying New Braunfels Parks and Recreation comments are either incorporated into within the spring runs and the photic Department, requested that the Service this listing decision as appropriate, or (lighted) zone of the spring orifices list five invertebrate taxa, including are addressed below. would probably be limiting for the Peck’s cave amphipod and four insects. Written and oral comments presented Comal Springs riffle beetle because The Service treated this as a second at the public hearing and received natural water flow is considered petition for the amphipod. A notice of during the comment period were important to the respiration and finding published April 29, 1991 (56 FR incorporated into this final rule where therefore survival of this invertebrate 19632), announced that the petition appropriate. Comments not species. Elmid and dryopid beetles have presented substantial information and incorporated are addressed in the a mass of tiny, hydrophobic that listing the Comal Springs riffle following summary. Comments of a (unwettable) hairs on their underside beetle and the Comal Springs dryopid similar nature or point are grouped and where they maintain a thin bubble of air beetle may be warranted. Formal status summarized. Where differing through which gas exchange occurs review was initiated for those species. viewpoints around a similar issue were (Chapman 1982). This method of Both species became candidates for made, the Service has briefly respiration loses its effectiveness as the listing in the 1994 notice of review (59 summarized the general issue. level of dissolved oxygen in the water FR 58982). Comment 1: Threats to the species are decreases. A number of aquatic insects Peck’s cave amphipod, Comal Springs greatly exaggerated and inconsistent that use dissolved oxygen rely on riffle beetle, and Comal Springs dryopid with available data. No real or flowing water to obtain oxygen. beetle were proposed for listing on June immediate threat exists that would 5, 1995 (60 FR 29537). The Act requires Previous Federal Action justify listing these invertebrates. that a final determination on a proposed Service Response: The primary threat In a petition dated September 9, 1974, listing be made within one year of the to these species is loss of water in their the Conservation Committee of the proposal. However, a congressionally- habitat at Comal Springs and other National Speleological Society imposed moratorium on final listing springs where they occur. This threat is requested the Service to list actions combined with a recision of discussed in detail in Factor A of this Stygobromus (=Stygonectes) pecki. The funding for the Service’s listing program rule. species was included in a notice of prohibited timely publication of this Comment 2: Samples of all three of review published on April 28, 1975 (40 final rule. FR 18476). A ‘‘warranted but the species were collected after the precluded’’ finding regarding several Summary of Comments and springs had ceased flowing in the species in that petition was made on Recommendations immediately preceding years. October 12, 1983, and published on In the June 5, 1995, proposed rule (60 Service Response: Spring flow did not January 20, 1984 (49 FR 2485). A FR 29537) and associated Federal cease from all outlets in 1990, and only warranted but precluded finding means Register notices all interested parties spring run 1 at Comal saw significant that available information indicates were requested to submit factual reports loss of water. During brief periods of listing the species as threatened or or information to be considered in very low spring flow the spring runs endangered is appropriate but that the making a final listing determination. probably retain sufficient subsurface listing is precluded by higher priority Appropriate Federal and State agencies, moisture to allow the Comal springs actions. The same determination has local governments, scientific riffle beetle to survive. Furthermore, been repeated for Peck’s cave amphipod organizations, and other interested when periods of low spring flow are in subsequent years. The species was parties were contacted and requested to brief and the spring runs are not included as a category 2 candidate in comment. completely dry, the subsurface water comprehensive notices of review A public hearing request came from level likely remains higher and closer to published on May 22, 1984 (49 FR Mr. David Langford, Executive Vice the spring openings. These conditions 21664), January 6, 1989 (54 FR 554), and President of the Texas Wildlife may allow the survival of these species, November 21, 1991 (56 FR 58804). Association, by letter dated June 22, whereas a period of extensive, long-term Category 2 candidates were those 1995. The hearing was held on July 24, cessation of spring flow likely would species for which data in the Service’s 1995 at the New Braunfels Civic Center not. Because these invertebrates are possession indicated that listing was in New Braunfels, Texas. Legal notices fully aquatic and require relatively well- possibly appropriate, but for which of the public hearing, which invited oxygenated water, a reduction or substantial data on biological general public comment, were cessation of spring flows, even if vulnerability and threats were not published in The New Braunfels Herald- standing water remains around the known or on file to support proposed Zeitung, the San Marcos Daily Record, spring orifices, may negatively impact rules. Stygobromus pecki was elevated the Uvalde Leader-News, the Medina the species. Loss of water entirely, to category 1 status in the 1994 notice Valley-Times, and the San Antonio within their habitat, would result in the of review (59 FR 58982). Category 1 Express-News. Sixteen people attended extirpation of these aquatic species. candidates were those species for which the public hearing and one person Comment 3: It was noted that the the Service had on file substantial provided oral testimony. Edwards Aquifer Authority (Authority) information on biological vulnerability The Service received 1 oral and 24 was created by S.B. 1477 to regulate and threats to support a proposal to list. written comments on the proposal. Of withdrawal of water from the aquifer. As published in the Federal Register on the letters and oral testimony received, The Authority withstood legal February 28, 1996 (61 FR 7596), nine supported the proposed action, challenges with the passage of H.B. candidate category 2 status was seven opposed it, and nine did not 3189, which was passed with the discontinued and only category 1 clearly state support or opposition. cooperation and guidance of the species are currently recognized as The Service solicited formal scientific Department of Justice and candidates for listing purposes. peer review of the proposal from six implementation is anticipated. The In a petition dated June 20, 1990, and professional biologists during the public commenter further stated that received June 21, 1990, Mr. David comment period and received implementation of S.B. 1477 and H.B. Whatley, then Director of the City of comments from two reviewers. Their 3189 will regulate water withdrawal, 66298 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations thus eliminating the primary threat, and water is ‘‘augmented’’ into this area after historical cycle to which these species the need to list the species. the springs cease flowing, the spring are adapted to survive. Service Response: Some of the legal orifices will act as recharge features. Service Response: These species issues regarding the establishment of the The water would return to the aquifer exhibit no morphological characteristics Authority have been resolved since the rather than remaining in the spring or behaviors indicating an ability to time the proposed rule was published runs. In addition, if augmentation is survive extended drying of their habitat. and the elected board is in effect at this attempted through subsurface The Comal Springs riffle beetle lacks the time. However, an aquifer management modifications of the aquifer, the habitat ability to fly that many other riffle plan that would provide for protection of the two subterranean species could be beetles have, suggesting that it is of these species and their habitat is not negatively impacted. adapted to continuous and reliable yet in place. Further progress of this Comment 7: In 1991, the Service spring flows (although flow may still be board could be beneficial in the future reported that these invertebrates were variable). The more frequent and severe and, if threats are reduced or removed, endemic to Comal Springs. Now each of drying that is expected at current and could result in downlisting or, possibly, the invertebrates is known from one increasing rates of withdrawal from the delisting the species. other spring and each is known from all aquifer will create a condition to which Comment 4: The City of New of the upper springs at Comal. This these species are not adapted to survive. Braunfels has obtained surface water to establishes a potentially wide range for Comment 9: As late as 1991, the meet base demand which will eliminate the species. The subterranean habits of Service made a warranted but precluded pumping in the immediate area of the two of the species and the fact that they finding for Peck’s cave amphipod. The springs and substantially diminish are found at springs as much as 20 miles proposed listing gives no explanation of threats to the species. apart suggests a much wider the change in position from ‘‘warranted Service Response: As discussed in distribution in the aquifer that would but precluded’’ to ‘‘proposed for Factor A, all of the springs where these obviate the need to list them as listing.’’ This is ironic since potential species occur are affected by water endangered. threats to the species have been withdrawal throughout the aquifer’s substantially addressed during this 4- Service Response: Status surveys that artesian zone to the west. Therefore, a year period. management plan for the entire aquifer, were conducted for each of these Service Response: A warranted but not just the area near the springs, is species following the petition to list precluded finding means that the best necessary to moderate threats to the them found only one new location for available information indicates that species. each species. Locations in more than listing the species is appropriate but Comment 5: Service treatment of this one spring run at Comal Springs is not that other pending listing actions are complex and dynamic issue is surprising given the proximity of the more urgently needed and given a incomplete and erroneous. The Service spring runs. As stated previously, higher priority. Many of those other ignores Texas Natural Resources extensive surveys for the species at listing actions have now been Conservation Commission (TNRCC) springs throughout Bexar, Comal, and completed. Before publishing the rules and proposed amendments to Hays counties and examination of proposed listing, the Service reviewed address water quality. numerous well samples have found the most current information available Service Response: The Service each of the species at Comal Springs and determined that the threats to the acknowledges the extreme complexity and in very low numbers at one species are still significant. The Service of issues regarding the quality and additional spring system each. The acknowledges and commends the efforts quantity of water in the Edwards species were not found at most of the that so many individuals, agencies, and Aquifer. The TNRCC rules deal locations surveyed. organizations have put into looking for primarily with water quality issues. The Disjunct distributions (e.g., those that ways to manage the Edwards Aquifer in more significant issue, however, is are separated by 20 miles) are common a manner that will both protect the maintaining adequate spring flows and in nature and can arise from many endemic species and provide for human the likelihood that a water management evolutionary and ecological processes. water users. However, significant plan will be in effect in the foreseeable Unfortunately, these species are not aquifer issues remain unresolved. future that will provide protection for sufficiently studied to allow us to give Comment 10: Spring flow may be these invertebrates, as discussed in a precise explanation for the disjunct irrelevant to the suitability of habitat in Factor A. distribution, or to determine with the aquifer for the subterranean species. Comment 6: If currently listed species certainty whether it is disjunct. Service Response: The Service are provided adequate spring flow, then Information in the Background section recognizes that the Peck’s cave species that have survived previous discusses the fact that specimens of the amphipod and the Comal Springs cessation of spring flow will receive subterranean species have not been dryopid beetle are fully aquatic and adequate protection without the need to found in well samples throughout the show morphological adaptations to a list. aquifer area, in spite of extensive subterranean existence. However, Service Response: While there are sampling. The Service believes this is a neither of these species has shown up species within the Comal and San good indication that the species are not in well samples and both have only Marcos ecosystems that are presently widely distributed underground. We do been collected near the spring orifices, listed as threatened or endangered, none believe that efforts to collect the species a key feature of their habitat is the of these listed species are assured in any appropriate habitat where water/spring orifice boundary. Reduced adequate spring flow. Furthermore, researchers were granted access were spring flows will alter the position and some of the techniques, such as spring sufficient to determine that, in all the nature of this boundary and may flow augmentation, under consideration probability, the species do not exist have a negative effect on these species. by some for providing spring flow, will throughout the underground portions of Further information is discussed in the not adequately provide for the the aquifer. Background section. invertebrates addressed in this final Comment 8: Listing is not warranted Comment 11: The Service’s failure to rule. For example, the Comal Springs until highly variable and interruptible define a range or location of habitat for riffle beetle occurs in the spring runs. If spring flow is considered as part of the these species is tantamount to an Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations 66299 admission that the Service does not Comment 14: There is no economic 1991, Edwards Underground Water know enough about the species to advantage to protecting these District 1992a). Between 1989 and 1995, warrant a conclusion that the species’ invertebrates, and putting the life of total well discharge has ranged from habitat is threatened by drought. virtually unknown species ahead of 327,000 acre-feet in 1992 to 489,000 Service Response: The best available human welfare does not make sense. acre-feet in 1990 (U.S. Geological information indicates that the range of Service Response: Like these Survey, San Antonio, 1996). each species is limited to a small area invertebrates, humans depend on There is an integral connection near each spring opening where the reliable supplies of clean water, and between the water in the aquifer west of species have been found. The range of thus protecting our water resources is the springs and the water serving as each of the species is both small in size vital to protecting human health. While habitat for these species. Water in the and probably disjunct in distribution. the Service cannot consider the Edwards Aquifer flows from west to east Further information on each species’ economic consequences of species or northeast and withdrawal or habitat is presented in the Background listings when making listing contamination of water in the western section. determinations, we believe that part of the aquifer can have a direct Comment 12: Until more is known protecting these species will have a effect on the quantity and quality of about the proposed species, and some positive effect to humans in that it will water flowing toward the springs and at real harm is shown as a consequence of ensure the persistence of the water the spring openings. Prior to wells being variable and interruptible spring flows, resource for future generations and will drilled into the aquifer, almost all of the they are not endangered species. maintain a healthy ecosystem. In water entering the aquifer eventually Service Response: The Service must addition, continuing spring flow is exited at springs (Guadalupe-Blanco make determinations for listing of economically important both in the River Authority 1988). The Texas Water Commission (TWC) species based on ‘‘the best scientific and vicinity of the springs for water (1989) classified the San Antonio commercial data available’’ at the time recreation businesses and downstream segment of the Edwards Aquifer as a of listing. Existing knowledge indicates as far as the Gulf of Mexico, where critical area in terms of its potential for that these species require a reliable inflow of fresh water into the bays and groundwater problems related to supply of clean water. The species have estuaries is vital to recreational and commercial fisheries. overdrafting. They also ranked Bexar, survived past dry periods, but models Comal, and Hays counties among the and predictions cited in the proposal Summary of Factors Affecting the top 23 counties in Texas for number of and in this final rule all agree that Species active groundwater public supply cessation of spring flow is likely to be After a thorough review and systems. Human population in the more frequent and of longer duration consideration of all information region is expected to increase given present pumping levels, as well as available, the Service has determined (Technical Advisory Panel 1990, those outlined in S.B. 1477. Although that Peck’s cave amphipod Edwards Underground Water District S.B. 1477 limits total water withdrawal (Stygobromus pecki), Comal Springs 1993), which will result in increased from the aquifer, the limits may riffle beetle (Heterelmis comalensis), demand for water from the aquifer. currently be too high to assure long-term and Comal Springs dryopid beetle The Texas Water Development Board spring flow. The Texas Water (Stygoparnus comalensis) should be has applied its model (1992) of the Development Board (1992) models classified as endangered species. Edwards Aquifer to determine the indicate that at the proposed pumping Procedures found at section 4(a)(1) of maximum pumping level that would limit of 450,000 acre-feet, and given the Act and regulations implementing allow Comal Springs to continue to recharge levels and patterns similar to the listing provisions of the Act (50 CFR flow, assuming historic recharge those that occurred from 1934 to 1990, part 424) were followed. A species may (Technical Advisory Panel 1990). They Comal Springs could spend 10 to 20 be determined to be endangered or found that during a drought similar to years below 100 cubic feet per second threatened due to one or more of the that of the 1950’s, the maximum (cfs), and could stop flowing entirely for five factors described in section 4(a)(1). pumpage that would allow spring flow several years at a time (Texas Water These factors and their application to at Comal Springs is about 250,000 acre- Development Board, personal these three invertebrate species are as feet per year. ‘‘At this pumping level, communication). Negative impacts to follows: Comal Springs could be expected to the habitat in spring run 1 at Comal maintain some annual flow although Springs, including drying, occur as A. The Present or Threatened they may flow on an intermittent basis flows approach 100 cfs. Destruction, Modification, or during a recurrence of the drought of Comment 13: Studies show that Curtailment of Their Habitat or Range record’’ (Technical Advisory Panel dissolved oxygen is high even at the The main threat to the habitat of these 1990). The Panel also stated that in the lowest spring flows. Dissolved oxygen aquatic invertebrates is a reduction or year 2000, if pumping continues to grow does not appear to be a determinative loss of water of adequate quantity and at historical rates and a drought occurs, factor in the decision whether to list the quality, due primarily to human Comal Springs would go dry for a species. withdrawal of water from the San number of years (Technical Advisory Service Response: The primary factor Antonio segment of the Edwards Panel 1990). threatening the long-term survival of (Balcones Fault Zone) Aquifer and other Wanakule (1990) states that ‘‘the these species is availability of a activities. Total withdrawal from the present problem facing the Edwards sufficient quantity of water to maintain San Antonio region of the Edwards Aquifer is the threat of overdrafting of essential characteristics of their habitat. Aquifer has been increasing since at the annual average recharge rate.’’ Although water quality, including the least 1934, when the total well McKinney and Watkins (1993) need for certain levels of dissolved discharge was 101,900 acre-feet evaluated the Texas Water Development oxygen, may be an important factor in (Edwards Underground Water District Board model and other models and their survival, the magnitude of the 1989). In 1989, the total well discharge concluded that, without limiting threat from total loss of water is viewed was the highest on record at slightly withdrawal to about 200,000 acre-feet as the greater threat. more than 542,000 acre-feet (Longley per year, Comal Springs will likely go 66300 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations dry for extended periods during even a movement of the water may negatively storage tanks, Hays County had between minor drought. The recent creation of impact the species. 6 and 10, and Comal County had the Authority may help to alleviate this Other possible effects of reduced between 2 and 5 (TWC 1989) putting threat to some degree (see Factor D for spring flow exist. These include changes them among the top 5 counties in further discussion). in the chemical composition of the central Texas for confirmed The Texas Water Development Board water in the aquifer and at the springs, underground storage tank leaks. The model runs indicate that at the proposed a decrease in current velocity and TWC estimates that, on average, every pumping limit of 450,000 acre-feet, and corresponding increase in siltation, and leaking underground storage tank will given recharge levels and patterns an increase in temperature and leak about 500 gallons per year of similar to what occurred from 1934 to temperature fluctuations in the aquatic contaminants before the leak is 1990, Comal Springs could spend 10 to habitat (McKinney and Watkins 1993). detected. These tanks are considered 20 years below 100 cfs, and could stop Another threat to the habitat of these one of the most significant sources of flowing entirely for several years at a species is the potential for groundwater groundwater contamination in the state time (Texas Water Development Board, contamination. Pollutants of concern (TWC 1989). personal communication, 1997). A include, but are not limited to, those The TWC (1989), using the model run with the same general associated with human sewage assessment tool DRASTIC (Aller, et al. parameters but a withdrawal of 400,000 (particularly septic tanks), leaking 1987), classified aquifers statewide acre-feet shows the same pattern with underground storage tanks, / according to their pollution potential. some increase in spring flow, but still feedlot waste, agricultural chemicals The Edwards Aquifer (Balcones Fault extended periods with no spring flow (especially insecticides, herbicides, and Zone—Austin and San Antonio (Texas Water Development Board, fertilizers) and urban runoff (including Regions) was ranked among the highest personal communication, 1997). pesticides, fertilizers, and detergents). in pollution potential of all major Texas In 1984 and 1990, some of the higher- Pipeline, highway, and railway aquifers. The project’s objective was to elevation Comal Springs ceased flowing transportation of hydrocarbons and identify areas sensitive to groundwater and water levels in the index well (J–17) other potentially harmful materials in pollution from a contaminated land in San Antonio dropped to within 3.7 the Edwards Aquifer recharge zone and surface based on the hydrogeologic meters (m) (12 feet (ft)) of the historic its watershed, with the attendant setting. The area of particular concern low of 186.7 m (612.5 ft) that occurred possibility of accidents, present a was the Edwards Aquifer recharge zone in 1956 (Wanakule 1990). During the particular risk to water quality in Comal and its watershed. drought conditions in the summer of and San Marcos Springs. Comal and San The TWC (1989) also reviewed and 1996, spring flows at Comal Springs Marcos Springs are both located in reported known and potential risks to dropped to a low of 83 cfs. During the urbanized areas. Hueco Springs is Texas aquifers, such as from sanitary entire year of 1996, spring flow stayed located alongside River Road, which is landfills, hazardous waste disposal below 200 cfs for about 252 days and heavily traveled for recreation on the facilities, industrial waste and sewage below 100 cfs, the approximate flow at Guadalupe River, and may be disposal wells, commercial feedlots, and which spring run 1 stops flowing, for susceptible to road runoff and spills graveyards. They found the following: about 59 days. Because these related to traffic. Fern Bank Springs is ‘‘Based on this statewide assessment of invertebrates require relatively well- in a relatively remote, rural location and potential and actual ground-water oxygenated water, a reduction or its principal vulnerability is probably to contaminants, waste disposal practices cessation of spring flows, even if contaminants associated with leaking being employed and existing regulations standing water remains around the septic tanks, animal/feedlot wastes, and which are available for contamination spring orifices, may negatively impact agricultural chemicals. detection and mitigation, it was Of the counties containing portions of the species. Complete loss of water concluded that there are still conditions the San Antonio segment of the would likely result in the extirpation of that exist or practices being used that Edwards Aquifer, the potential for these aquatic species. are cause for concern. For the most part, In addition to a loss of water, a acute, catastrophic contamination of the the state presently has in place decrease in the water level in the aquifer aquifer is greatest in Bexar, Hays, and regulations that will effectively reduce could lead to decreased water quality at Comal counties because of the greater future pollution, however past practices the springs. The Balcones Fault Zone— level of urbanization compared to the may return to haunt us.’’ San Antonio Region is bounded on the western counties. Although spill or south and east by a ‘‘bad water’’ contamination events that could affect B. Overutilization for Commercial, interface across which the groundwater water quality do happen to the west of Recreational, Scientific, or Educational quality abruptly deteriorates to greater Bexar County, dilution and the time Purposes than 1000 mg/l total dissolved solids. required for the water to reach the No threat from overutilization of this Crossing the bad water interface, springs may lessen the threat from that species is known at this time. groundwater goes from fresh to saline or area. As aquifer levels decrease, brackish. Lowered water levels resulting however, dilution of contaminants C. Disease or Predation from groundwater pumpage and/or moving through the aquifer may also While individuals of these three decreased recharge may at some point decrease. species may be preyed upon by various result in deterioration of water quality The TWC reported that in 1988 within predatory insects or fish, no information in the fresh water section of the aquifer the San Antonio segment of the indicates that this is a substantial threat. through movement of the bad water Edwards Aquifer, Bexar, Hays, and interface. The Comal and San Marcos Comal counties had the greatest number D. The Inadequacy of Existing Springs are less than 305 and 62 m of land-based oil and chemical spills in Regulatory Mechanisms (1,000 and 200 ft), respectively, from the central Texas that affected surface and/ Invertebrates are not included on the bad water interface (TWC 1989, or groundwater with 28, 6, and 4 spills, Texas Parks and Wildlife Department’s Edwards Underground Water District respectively (TWC 1989). As of July, (TPWD) list of threatened and 1992b). Although the data are 1988, Bexar County had between 26 and endangered species and are provided no inconclusive at present, even a small 50 confirmed leaking underground protection by the State. The TPWD Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations 66301 regulations do not contain provisions drying or decreased volume of spring regulations (50 CFR 424.12(a)(1)) state for protecting habitat of any listed flow during minor or severe drought. that designation of critical habitat is not species. At present, competition is not known prudent when one or both of the Traditionally, the State of Texas has to be a significant threat to these following situations exist: (1) The had no authority to regulate withdrawal species. However, two exotic snail species is threatened by taking or other of groundwater from an aquifer. After a species, Thiara granifera and Thiara human activity, and identification of lawsuit filed against the Service by the tuberculata, are common in the spring critical habitat can be expected to Sierra Club (Sierra Club v. Babbitt, runs and, as grazers, may compete for increase the degree of threat to the formerly Sierra Club v. Lujan), the Texas food. Another exotic species, the giant species, or (2) such designation of State Legislature passed a bill (S.B. ramshorn snail (Marisa cornuarietis), is critical habitat would not be beneficial 1477) authorizing the creation of the present in two of the spring runs and to the species. Authority and granted the Authority the may colonize the other runs at low flow Designation of critical habitat would power to regulate groundwater levels. Marisa can have a tremendous provide no benefits to these species withdrawal from the Edwards Aquifer. impact on vegetation, that in turn may beyond those provided by listing and The bill limits groundwater withdrawal affect the habitat for surface-dwelling the subsequent evaluation of activities from the aquifer to 450,000 acre-feet per grazers like the riffle beetle. under section 7 of the Act. Section 7 year initially, reducing it to 400,000 The Service has carefully assessed the prohibits Federal agencies from acre-feet per year by January 1, 2008. best scientific and commercial jeopardizing the continued existence of However, Texas Water Development information available regarding the past, listed species or destroying or adversely Board models indicate that, at these present, and future threats faced by modifying listed species’ designated proposed withdrawal limits, the upper- these species in making this final rule. critical habitat. elevation spring runs at Comal Springs Based on this evaluation the preferred In the Service’s section 7 regulations could go dry frequently and for action is to list the Peck’s cave at 50 CFR part 402, the definition of significant periods of time (as happened amphipod (Stygobromus pecki), Comal ‘‘jeopardize the continued existence of ’’ in 1996) and significant negative Springs riffle beetle (Heterelmis includes ‘‘to reduce appreciably the impacts to the species could occur comalensis), and Comal Springs dryopid likelihood of both the survival and before continuous minimum beetle (Stygoparnus comalensis) as recovery of the listed species,’’ and springflows are in place. endangered. Endangered status is ‘‘destruction or adverse modification’’ is One goal of the bill is to provide determined appropriate for these three defined as ‘‘a direct or indirect continuous minimum spring flow, as invertebrates given that threats are alteration that appreciably diminishes defined by Federal statute, at Comal and significant and could result in the value of critical habitat for both the San Marcos Springs by the year 2012. extinction of these species throughout survival and recovery of a listed This minimum flow is to protect species all or a significant portion of their range. species.’’ Both of these definitions refer that are designated as threatened or The immediate nature of these threats to actions that reduce the survival and endangered under Federal or State law, precluded determining these species to recovery of a listed species. Any action but does not protect unlisted species. In be threatened species. that would appreciably diminish the addition, an evaluation of the Texas value, in quality or quantity, of spring Critical Habitat Water Development Board models used flows (habitat) on which the species to set these withdrawal limits shows Critical habitat is defined in section 3 depend would also reduce appreciably that flow at Comal Springs will drop of the Act as: (i) The specific areas the likelihood of survival and recovery below 100 cfs and will likely go dry for within the geographical area occupied of the three species. Because these extended periods in time of severe by a species, at the time it is listed in species are endemic to such highly drought and probably during minor accordance with the Act, on which are localized areas, actions that affect water droughts (McKinney and Watkins 1993, found those physical or biological quality and quantity at the springs will TWDB 1992). McKinney and Watkins features (I) essential to the conservation be fully evaluated for their effects on the (1993) believe it is unlikely that spring of the species and (II) that may require three species through analysis of flow in Comal Springs of at least 100 cfs special management considerations or whether the actions would be likely to for 80 percent of the time, except during protection; and (ii) specific areas jeopardize their continued existence. severe drought, can be met with a outside the geographical area occupied The analysis for possible jeopardy pumping limit greater than 200,000 by a species at the time it is listed, upon applied to these species would therefore acre-feet per year. In addition, when the a determination that such areas are be identical to the analysis for flow drops to 96 cfs, spring run 1 at essential for the conservation of the determining adverse modification or Comal Springs has already dried species. ‘‘Conservation’’ means the use destruction of critical habitat. Therefore, substantially (Thornhill, deposition in of all methods and procedures needed there is no distinction between jeopardy Sierra Club v. Lujan). Finally, efforts to to bring the species to the point at and adverse modification for activities maintain minimum spring flow at which listing under the Act is no longer impacting the springs on which these Comal and San Marcos Springs would necessary. species depend. not necessarily be sufficient to maintain Section 4(a)(3) of the Act, as Available Conservation Measures flow at Hueco and Fern Bank Springs, amended, and implementing regulations which lie at higher elevations. (50 CFR 424.12), require that, to the Conservation measures provided to maximum extent prudent and species listed as endangered or E. Other Natural or Manmade Factors determinable, the Secretary designate threatened under the Act include Affecting Their Continued Existence critical habitat at the time the species is recognition, recovery actions, The effect of natural droughts in south determined to be endangered or requirements for Federal protection, and central Texas will increase in severity threatened. The Service finds that prohibitions against certain practices. due to the large increase in human designation of critical habitat is not Recognition through listing encourages groundwater withdrawals (Wanakule prudent for Peck’s cave amphipod, the and results in public awareness and 1990). These species’ very limited Comal Springs riffle beetle, and the conservation actions by Federal, State, habitat is likely to be lost through Comal Springs dryopid beetle. Service and local agencies, private 66302 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations organizations, and individuals. The Act exceptions that apply to all endangered the springs or into areas that provide provides for cooperation with the States wildlife. These prohibitions, in part, access to the aquifer and where such and requires that recovery actions be make it illegal for any person subject to discharge or dumping could affect water carried out for all species. The the jurisdiction of the United States to quality; protection required of Federal agencies take (includes harass, harm, pursue, (4) Herbicide, pesticide, or fertilizer and the prohibitions against taking and hunt, shoot, wound, kill, trap, or collect, application in or near the springs harm are discussed, in part, below. or to attempt any of these), import or containing the species; and Conservation and management of the export, ship in interstate commerce in Peck’s cave amphipod, Comal Springs the course of commercial activity, or sell (5) Introduction of non-native species riffle beetle, and Comal Springs dryopid or offer for sale in interstate or foreign (fish, plants, other) into these spring beetle are likely to involve protection commerce any listed species. It also is ecosystems. and conservation of the Edwards illegal to possess, sell, deliver, carry, The Service believes that a wide Aquifer and spring flow at Comal, transport, or ship any such wildlife that variety of activities would not harm Hueco, San Marcos, and Fern Bank has been taken illegally. Certain these species if undertaken in the Springs. It is also anticipated that listing exceptions apply to agents of the vicinity of their habitats and thus would will encourage research on critical Service and State conservation agencies. not constitute taking. In general, any aspects of the species’ biology. Permits may be issued to carry out activity in the contributing, recharge, or Section 7(a) of the Act, as amended, otherwise prohibited activities artesian zones of the Edwards aquifer requires Federal agencies to evaluate involving endangered wildlife species that would not have potential for the their actions with respect to any species under certain circumstances. cumulative or acute/catastrophic that is proposed or listed as endangered Regulations governing permits are at 50 negative effects on water quantity or or threatened and with respect to its CFR 17.22 and 17.23. Such permits are quality within the aquifer should not critical habitat, if any is being available for scientific purposes, to harm these species. Inquiries designated. Regulations implementing enhance the propagation or survival of concerning the possible effects of this interagency cooperation provision the species, and/or for incidental take in specific activities, copies of regulations of the Act are codified at 50 CFR part connection with otherwise lawful regarding listed wildlife, or inquiries 402. Section 7(a)(4) requires Federal activities. It is anticipated that few trade regarding prohibitions and permits agencies to confer informally with the permits would ever be sought or issued should be directed to the Service’s Service on any action that is likely to because these species are not known to Austin Field Office (see ADDRESSES jeopardize the continued existence of a be in trade. section). proposed species. If a species is listed It is the policy of the Service (July 1, subsequently, section 7(a)(2) requires 1994; 59 FR 34272) to identify to the National Environmental Policy Act Federal agencies to ensure that activities maximum extent practicable at the time they authorize, fund, or carry out are not a species is listed those activities that The Fish and Wildlife Service has likely to jeopardize the continued would or would not constitute a determined that Environmental existence of such species or to destroy violation of section 9 of the Act. The Assessments and Environmental Impact or adversely modify its critical habitat. intent of this policy is to increase public Statements, as defined under the If a Federal action may affect a listed awareness of the effect of listing on authority of the National Environmental species or its critical habitat, the proposed and ongoing activities within Policy Act of 1969, need not be responsible Federal agency must enter a species’ range. The purpose of this prepared in connection with regulations into formal consultation with the guidance is not only to identify adopted pursuant to section 4(a) of the Service. Federal actions that may activities that would or would not likely Endangered Species Act of 1973, as require consultation include projects result in take of individuals, but amended. A notice outlining the that would affect the quality or quantity activities that in combination will Service’s reasons for this determination of water within the San Antonio ultimately affect the long-term survival was published in the Federal Register segment of the Edwards Aquifer or of these species. This guidance should on October 25, 1983 (48 FR 49244). otherwise significantly affect the outlets not be used to substitute for local efforts Required Determinations or water output of Comal Springs in to develop and implement New Braunfels, Texas; San Marcos comprehensive management programs. The Service has examined this Springs in San Marcos, Texas; Hueco The Service believes that, based on regulation under the Paperwork Springs in Comal County, Texas; and the best available information, activities Reduction Act of 1995 and found it to Fern Bank Springs in Hays County, that could potentially harm these contain no information collection Texas. Examples of these types of invertebrates and result in ‘‘take’’ requirements. activities include projects that would include, but are not limited to: involve withdrawal of water from the (1) Collecting or handling of the References Cited aquifer; permits for municipal species; Aller, L., T. Bennett, J.H. Lehr, R.J. Petty, and wastewater discharge; agricultural (2) Activities that may result in G. Hackett. 1987. DRASTIC: a irrigation; use of pesticides and destruction or alteration of the species’ standardized system for evaluating herbicides; Environmental Protection habitat including, but not limited to, groundwater pollution potential using Agency National Discharge Elimination withdrawal of water from the aquifer to hydrogeologic settings. U.S. System permits; section 18 exemptions the point at which habitat becomes Environmental Protection Agency. EPA/ under the Federal Insecticide, unsuitable for the species, alteration of 600/2–87/035. 622 pp. Fungicide, and Rodenticide Act; Corps the physical habitat within the spring Arsuffi, Thomas L. 1993. Status of the Comal Springs Riffle Beetle (Heterelmis of Engineers permits for stream runs, or physical alteration of the spring comalensis Bosse, Tuff, and Brown), crossings; and Department of Housing orifices or of the subsurface pathways Peck’s Cave Amphipod (Stygobromus and Urban Development projects. providing water to the springs; pecki Holsinger), and the Comal Springs The Act and implementing (3) Discharge or dumping of Dryopid Beetle (Stygoparnus comalensis regulations found at 50 CFR 17.21 set chemicals, silt, pollutants, household or Barr and Spangler). Prepared for the U.S. forth a series of general prohibitions and industrial waste, or other material into Fish and Wildlife Service. 25 pp. Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations 66303

Barr, C.B. 1993. Survey for two Edwards Edwards Underground Water District. 1993. U.S. Geological Survey. 1996. Unpublished Aquifer invertebrates: Comal Springs Urban Development on the Edwards summary tables on Edwards Aquifer dryopid beetle Stygoparnus comalensis Aquifer Recharge Zone. Report 93–09. 40 discharge. U.S. Geological Survey, San Barr and Spangler (Coleoptera: pp. Antonio. 3 pp. Dryopidae) and Peck’s cave amphipod Guadalupe-Blanco River Authority. 1988. Wanakule, N. 1990. Stochastic drought Stygobromus pecki Holsinger The Edwards Aquifer: Underground analysis of the Edwards Aquifer. (: Crangonyctidae). Prepared River of Texas. Guadalupe-Blanco River Edwards Aquifer Research and Data for U.S. Fish and Wildlife Service. 70 pp. Authority, Seguin, Texas. 63 pp. Center No. R1.–90, San Marcos, Texas. Barr, C.B., and P.J. Spangler. 1992. A new Holsinger, J.R. 1967. Systematics, speciation, 32 pp. genus and species of stygobiontic and distribution of the subterranean dryopid beetle, Stygoparnus comalensis amphipod genus Stygonectes List of Subjects in 50 CFR Part 17 (Coleoptera: Dryopidae), from Comal (Gammaridae). Bull. U.S. Nat. Mus. Springs, Texas. Proc. Biol. Soc. Wash. 259:1–176. Endangered and threatened species, 105(1):40–54. Longley, G. 1991. Status and trends of the Exports, Imports, Reporting and Bosse, L.S., D.W. Tuff, and H.P. Brown. 1988. Edwards (Balcones Fault Zone) Aquifer recordkeeping requirements, and A new species of Heterelmis from Texas in the San Antonio Region. pp. 4–18 In: Transportation. (Coleoptera: Elmidae). Southwestern Proceedings of South Texas Irrigation Naturalist 33(2):199–203. Conference. Guy Fipps, ed. 146 pp. Regulation Promulgation Brown, H.P. 1987. Biology of Riffle Beetles. McKinney, D.C., and D.W. Watkins, Jr. 1993. Annual Review of Entomology. 32:253– Management of the Edwards Aquifer: A Accordingly, part 17, subchapter B of 73 critical assessment. Technical Report chapter I, title 50 of the Code of Federal Brown, H.P., and C.B. Barr. 1988. First report CRWR 244. Center for Research in Water Regulations, the Service amends as of stygobiontic (subterranean) riffle Resources, Bureau of Engineering follows: beetles in North America. Program Research. University of Texas at Austin. abstract for April 22, 1988, meeting of 94 pp. PART 17Ð[AMENDED] Southwestern Association of Naturalists. Technical Advisory Panel. 1990. Technical 5 pp. factors in Edwards Aquifer use and Brune, G. 1981. Springs of Texas, Volume 1. 1. The authority citation for Part 17 management. Prepared for Special Branch-Smith Inc., Ft. Worth, Texas. continues to read as follows: Committee on the Edwards Aquifer. 57 Chapman, R.F., 1982. The Insects: Structure Authority: 16 U.S.C. 1361–1407; 16 U.S.C. and Function. Harvard University Press, pp. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Cambridge, MA. 919 pp. Texas Department of Water Resources. 1979. 625, 100 Stat. 3500, unless otherwise noted. Edwards Underground Water District. 1989. Geohydrology of Comal, San Marcos, and Hueco Springs. Report 234. Prepared by Compilation of hydrologic data for the 2. Section 17.11(h) is amended by Edwards Aquifer, San Antonio area, Guyton ans Associates. 85 pp. Texas, 1988, with 1934–88 summary: Texas Water Commission. 1989. Ground- adding the following, in alphabetical Bulletin 48, 157 pp. water quality of Texas-an overview of order under and Insects, Edwards Underground Water District. 1992a. natural and man-affected conditions. respectively, to the List of Endangered Report of the technical data review panel Austin, Texas. 197 pp. and 3 plates. and Threatened Wildlife to read as on the water resources of the south Texas Water Development Board. 1992. follows: central Texas region. 307 pp. Model Refinement and Applications for Edwards Underground Water District. 1992b. the Edwards (Balcones Fault Zone) § 17.11 Endangered and threatened Investigation of the fresh/saline water Aquifer for the San Antonio Region, wildlife. interface in the Edwards Aquifer in New Texas. Texas Water Development Board. Braunfels and San Marcos, Texas. Report Report 340. July 1992. 33 pp. * * * * * 92–02. 18 pp. (h) * * *

Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

CRUSTACEANS

******* Stygobromus Amphipod, Peck's U.S.A. (TX) ...... Crangonyctidae ...... E ...... NA NA (=Stygonectes) cave. pecki.

******* INSECTS

******* Stygoparnus Beetle, Comal U.S.A. (TX) ...... Dryopidae ...... E ...... NA NA comalensis. Springs dryopid.

******* Heterelmis Beetle, Comal U.S.A. (TX) ...... Elmidae ...... E ...... NA NA comalensis. Springs riffle.

******* 66304 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations

Dated: October 21, 1997. southern zone is taken until 100 percent to comply with implementing Jamie Rappaport Clark, of the adjusted quota is taken, Atlantic regulations for the summer flounder, Director, Fish and Wildlife Service. migratory group Spanish mackerel in or scup, and black sea bass fisheries that [FR Doc. 97–33041 Filed 12–17–97; 8:45 am] from the EEZ in the southern zone may require NMFS to publish measures for BILLING CODE 4310±55±P not be possessed on board or landed the upcoming fishing year that will from a vessel in a day in amounts prevent overfishing of these species. exceeding 1,500 lb (680 kg). The NMFS announces that no quota is DEPARTMENT OF COMMERCE southern zone for Atlantic migratory available in several states for specified group Spanish mackerel extends from 1998 fisheries as follows: the State of National Oceanic and Atmospheric 30°42’45.6’’ N. lat., which is a line Delaware is notified that no commercial Administration directly east from the Georgia/Florida summer flounder or Summer period boundary, to 25°20.4’ N. lat., which is commercial scup quotas are available in 50 CFR Part 622 a line directly east from the Dade/ 1998; the State of New Hampshire is [Docket No. 961204340±7087±02; I.D. Monroe County, FL, boundary. notified that no Summer period 121297A] NMFS has determined that 75 percent commercial scup quota is available for of the adjusted quota for Atlantic 1998. NMFS advises vessel and dealer Fisheries of the Caribbean, Gulf of migratory group Spanish mackerel from Mexico, and South Atlantic; Coastal permit holders that no commercial the southern zone was taken by quotas are available for landing those Migratory Pelagic Resources of the December 15, 1997. Accordingly, the Gulf of Mexico and South Atlantic; Trip species in those States during the 1,500–lb (680–kg) per day commercial specified time periods. Limit Reduction trip limit applies to Atlantic migratory DATES: The amendments to AGENCY: National Marine Fisheries group Spanish mackerel in or from the Service (NMFS), National Oceanic and EEZ in the southern zone effective 6:00 §§ 648.14(u)(1), 648.100(a), 648.143(a), Atmospheric Administration (NOAA), a.m., local time, December 16, 1997, and § 648.144(a)(1)(i) are effective Commerce. through March 31, 1998, unless changed January 1, 1998. The final specifications ACTION: Trip limit reduction. by further notification in the Federal for the 1998 summer flounder, scup, Register. and black sea bass fisheries and SUMMARY: NMFS reduces the notifications of commercial quota Classification commercial trip limit of Atlantic harvest are effective January 1, 1998, migratory group Spanish mackerel in or This action is taken under 50 CFR through December 31, 1998. from the exclusive economic zone (EEZ) 622.44(b)(2) and is exempt from review ADDRESSES: in the southern zone to 1,500 lb (680 kg) under E.O. 12866. Copies of supporting documents used by the Summer per day. This trip limit reduction is Authority: 16 U.S.C. 1801 et seq. necessary to protect the Atlantic Flounder, Scup, and Black Sea Bass Dated: December 15, 1997. migratory group Spanish mackerel Monitoring Committees and of the resource. Gary C. Matlock, Environmental Assessment (EA), Director, Office of Sustainable Fisheries, DATES: Effective 6:00 a.m., local time, Regulatory Impact Review, and the National Marine Fisheries Service. December 16, 1997, through March 31, Final Regulatory Flexibility Analysis 1998, unless changed by further [FR Doc. 97–33099 Filed 12–15–97; 3:12 pm] (FRFA) are available from: David R. notification in the Federal Register. BILLING CODE 3510±22±F Keifer, Executive Director, Mid-Atlantic FOR FURTHER INFORMATION CONTACT: Fishery Management Council, Room Mark F. Godcharles, 813–570–5305. 2115, Federal Building, 300 South New DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: The Street, Dover, DE 19904–6790. fishery for coastal migratory pelagic fish National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: (king mackerel, Spanish mackerel, cero, Administration Regina L. Spallone, Fishery Policy cobia, little tunny, dolphin, and, in the Analyst, (978) 281–9221. Gulf of Mexico only, bluefish) is 50 CFR Part 648 managed under the Fishery SUPPLEMENTARY INFORMATION: The [Docket No. 971015246±7293±02; I.D. Fishery Management Plan for the Management Plan for the Coastal 100897D] Migratory Pelagic Resources of the Gulf Summer Flounder, Scup, and Black Sea of Mexico and South Atlantic (FMP). RIN 0648±AK44 Bass Fisheries (FMP) was developed The FMP was prepared by the Gulf of jointly by the Atlantic States Marine Fisheries of the Northeastern United Mexico and South Atlantic Fishery Fisheries Commission (Commission) States; Summer Flounder, Scup, and Management Councils (Councils) and is and the Mid-Atlantic Fishery Black Sea Bass Fisheries implemented under the authority of the Management Council (Council) in Magnuson-Stevens Fishery AGENCY: National Marine Fisheries consultation with the New England and Conservation and Management Act by Service (NMFS), National Oceanic and South Atlantic Fishery Management regulations at 50 CFR part 622. Atmospheric Administration (NOAA), Councils. The management units The Councils recommended and Commerce. specified in the FMP include summer flounder (Paralichthys dentatus) in U.S. NMFS implemented an adjusted quota ACTION: Final specifications for the 1998 and commercial trip limits for Atlantic summer flounder, scup, and black sea waters of the Atlantic Ocean from the migratory group Spanish mackerel from bass fisheries; final rule, technical southern border of North Carolina the southern zone. As set forth at 50 amendment; notifications of commercial northward to the U.S./Canada border, CFR 622.44(b)(2), the adjusted quota is quota harvest. and scup (Stenotomus chrysops) and 3.25 million lb (1.47 million kg). In black sea bass (Centropristis striata) in accordance with 50 CFR SUMMARY: NMFS issues the final U.S. waters of the Atlantic Ocean from 622.44(b)(1)(ii)(C), after 75 percent of specifications for the 1998 summer 35°15.3′ N. latitude, the latitude of Cape the adjusted quota of Atlantic migratory flounder, scup, and black sea bass Hatteras Light, NC, northward to the group Spanish mackerel from the fisheries. The intent of this document is U.S./Canada border. Implementing