Vol. 77 Tuesday, No. 74 April 17, 2012

Part V

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Three Forks Springsnail and Threatened Status for San Bernardino Springsnail Throughout Their Ranges and Designation of Critical Habitat for Both Species; Final Rule

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DEPARTMENT OF THE INTERIOR Executive Summary • Due to its endemic nature, the Three Forks springsnail may be more Purpose of the Regulatory Action Fish and Wildlife Service vulnerable to extinction from both Under the Endangered Species Act, a present and future threats. 50 CFR Part 17 species may warrant protection through We have made the following findings listing if it is endangered or threatened for the Three Forks springsnail related [Docket No. FWS–R2–ES–2009–0083; throughout all or a significant portion of to the five factor criteria: 4500030114] its range. The Endangered Species Act • The historical range of the San sets forth procedures for adding species Bernardino springsnail in the United to, removing species from, or RIN 1018–AV84 States may have included several reclassifying species on the Federal springs in Cochise County, Arizona. The Endangered and Threatened Wildlife Lists of Endangered and Threatened current range of the species in the and Plants; Determination of Wildlife and Plants. United States is now believed to be Endangered Status for Three Forks Under the Act, a species may be limited to two springs. • Springsnail and Threatened Status for determined to be endangered or The San Bernardino springsnail was San Bernardino Springsnail threatened based on any of the recently discovered to occur at five sites Throughout Their Ranges and following five factors: (1) Destruction, in Sonora, Mexico, in at least nine modification, or curtailment of its springs. Designation of Critical Habitat for Both • Species habitat or range; (2) Overuse; (3) Disease San Bernardino springsnail is not or predation; (4) Inadequate existing presently in danger of extinction AGENCY: Fish and Wildlife Service, regulations; or (5) Other natural or throughout its entire range, based on the Interior. manmade factors. Based on our analysis immediacy, severity, and extent of the under the five factors, we find that there threats. ACTION: Final rule. are threats of sufficient imminence, • However, we have determined that, SUMMARY: We, the U.S. Fish and intensity, or magnitude to cause a while significant threats are not Wildlife Service (Service), determine substantial decrease in distribution, or operative now, they are likely to cause endangered status for the Three Forks loss of viability of both the Three Forks the species to become in danger of springsnail and San Bernardino extinction in the foreseeable future. springsnail (Pyrgulopsis trivialis) and • threatened status for the San Bernardino springsnail. Therefore, these species The species’ habitat is likely to be springsnail (Pyrgulopsis bernardina); qualify for listing, which can only be threatened in the foreseeable future with and designate critical habitat for both done by issuing a rule. destruction, modification, and species under the Endangered Species We have made the following findings curtailment in part of its range due to Act of 1973, as amended (Act). In total, for the Three Forks springsnail related the potential use of fire retardant to these criteria: chemicals in the United States, and approximately 17.2 acres (6.9 hectares) • are designated as critical habitat for Historically, the Three Forks throughout its entire range in both the Three Forks springsnail in Apache springsnail is known to have occurred United States and Mexico due to County, Arizona, and approximately 2.0 in numerous springs and seeps in potential springhead inundation, and acres (0.8 hectares) for San Bernardino Apache County, Arizona. In recent water depletion and diversion. • Also, we found that the San springsnail in Cochise County, Arizona. years, the species’ range has been Bernardino springsnail is likely to This final rule implements the Federal reduced to the point that it has only become in danger of extinction in the protections provided by the Act for been found at two spring complexes. • Because the species is so limited in foreseeable future throughout its entire these species. range, the magnitude of threats that are range due to the potential invasion and DATES: This rule becomes effective on occurring now are high, and those that predation by nonnative crayfish, May 17, 2012. may impact the species in the invasion and competition with New ADDRESSES: This final rule and foreseeable future are high as well. Zealand springsnails, and climate • associated final economic analysis are A recent high-intensity fire that change and drought drying its available on the Internet at http:// burned around the only remaining springhead habitat. www.regulations.gov or http:// populations of the Three Forks • Due to the species’ endemic nature, www.fws.gov/southwest/es/arizona/. springsnail has caused the habitat of the the San Bernardino springsnail may be Comments and materials received, as species to be currently threatened with more vulnerable to extinction in the well as supporting documentation used destruction, modification, and foreseeable future from these potential in preparing this final rule, are available curtailment due to soil erosion and threats throughout its entire range. for public inspection, by appointment, sedimentation during storm events. • Also, we have found that predation Summary of the Major Provisions of the during normal business hours at: U.S. Regulatory Action Fish and Wildlife Service, Arizona by nonnative crayfish is currently Ecological Services Field Office, 2321 threatening the Three Forks springsnail This document consists of: (1) A final across its entire range. rule to list the Three Forks springsnail West Royal Palm Road, Suite 103, • Phoenix, AZ 85021; telephone 602–242– In addition to the current threats, as endangered; (2) a final rule to list the 0210; facsimile 602–242–2513. the Three Forks springsnail is also at a San Bernardino springsnail as high risk of extinction due to threats threatened; and (3) final critical habitat FOR FURTHER INFORMATION CONTACT: that could affect the species in the designation for both species. Steve Spangle, Field Supervisor, foreseeable future, such as the use of fire On April 12, 2011, we proposed Arizona Ecological Services Field Office retardant chemicals during future listing these species as endangered with (see ADDRESSES section). If you use a wildfires, the potential spread and critical habitat. On November 17, 2011, telecommunications device for the deaf competition with New Zealand we proposed revision of the previously (TDD), call the Federal Information springsnails, and the potential for proposed critical habitat for the Three Relay Service (FIRS) at 800–877–8339. climate change and drought to dry its Forks springsnail, based on new SUPPLEMENTARY INFORMATION: springhead habitat. information indicating the species was

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more widely distributed. We also provisions of the Endangered Species designation. We did not receive any announced the receipt of new Act, as amended (16 U.S.C. 1531 et comments on the draft economic information confirming that populations seq.), including the Three Forks analysis associated with this of springsnails in Sonora, Mexico, are springsnail. On June 25, 2007, we rulemaking. However, all other San Bernardino springsnail. Since the received a petition from Forest substantive information provided publication of the proposed rule, we Guardians to list 475 species in the during the comment periods has either have made the following changes in the southwestern United States as been incorporated directly into this final final rule: threatened or endangered under the determination as appropriate or • We previously proposed to list the provisions of the Act, including the San addressed below. San Bernardino springsnail as Bernardino springsnail. In our most Peer Review endangered, but upon review of recent annual Candidate Notice of additional information regarding the Review dated November 10, 2010 (75 FR In accordance with our peer review status of, and threats to, the springsnail 69222), we retained a listing priority policy published on July 1, 1994 (59 FR in Mexico, we have determined the number (LPN) of 2 for the Three Forks 34270), we solicited expert opinions species meets the definition of springsnail and the San Bernardino from five knowledgeable individuals threatened instead of endangered. We springsnail in accordance with our with scientific expertise that included believe the species is likely to become priority guidance published on familiarity with the species, the an endangered species within the September 21, 1983 (48 FR 43098). An geographic region in which the species foreseeable future rather than being in LPN of 2 reflects threats that are both occur, and conservation biology danger of extinction now. imminent and high in magnitude, as principles. We received responses from • For the San Bernardino springsnail, well as the taxonomic classification as three of the peer reviewers. we expanded the Summary of Factors a full species. We reviewed all comments received Affecting the Species to include a On April 12, 2011, we proposed from peer reviewers for substantive discussion factors throughout the listing the Three Forks springsnail and issues and new information regarding species’ entire range, including the San Bernardino springsnail as critical habitat for the two springsnails. United States and Mexico. endangered with critical habitat (76 FR The peer reviewers generally concurred We obtained opinions from 20464) under the Act (16 U.S.C. 1531 et with our methods and conclusions, and knowledgeable individuals with seq.). Proposed critical habitat for the provided additional information, scientific expertise to review our Three Forks springsnail included spring clarifications, and suggestions to technical assumptions, analysis, ecosystems within Apache County, improve the final critical habitat rule. adherence to regulations, and whether Arizona, and for the San Bernardino Peer reviewer comments are addressed or not we had used the best available springsnail spring ecosystems within in the following summary and information. These peer reviewers Cochise County, Arizona. incorporated into the final rule as generally concurred with our methods On November 17, 2011, we reopened appropriate. and conclusions and provided the comment period on the proposed additional information, clarifications, rule, and announced the availability of Peer Reviewer Comments and suggestions to improve the final a draft economic analysis (76 FR 71300). Comment (1): Peer reviewers made a listing and critical habitat rule. As a At that time, we proposed revision of number of technical scientific result, we determine endangered status the previously proposed critical habitat suggestions regarding our discussions for the Three Forks springsnail and for the Three Forks springsnail, based and presentations of biological threatened status for the San Bernardino on new information indicating that the terminology, springsnail ecology, springsnail. We also designate critical species was more widely distributed species’ descriptions, habitat habitat for both species. In total, along Boneyard Creek. We also associations, and species distribution. approximately 17.2 acres (6.9 hectares) announced the receipt of new Our response: We have revised the are designated as critical habitat for information confirming that populations language accordingly in this final rule. Three Forks springnail in Apache of springsnails in Sonora, Mexico, are Comment (2): One peer reviewer County, Arizona, and approximately 2.0 San Bernardino springsnails. stated that livestock grazing is a threat acres (0.8 hectares) for San Bernardino to Three Forks springsnail and their Summary of Comments and springsnail in Cochise County, Arizona. habitats, because the current fence Recommendations around Boneyard Bog is inadequate as Previous Federal Actions We requested written comments from evidenced by the recent presence of 25 We first identified the Three Forks the public on the proposed listing and to 35 cattle grazing near spring-seeps on springsnail as a candidate for listing on designation of critical habitat for the numerous occasions. October 30, 2001 (66 FR 54808). We first Three Forks springsnail and San Our response: Based on identified the San Bernardino Bernardino springsnail during two communication with staff from the springsnail as a candidate for listing on comment periods from April 12 to June Apache-Sitgreaves National Forests and December 6, 2007 (72 FR 69034). 13, 2011, and November 17 to December Arizona Game and Fish Department Candidates are those fish, wildlife, and 19, 2011. We did not receive any (AGFD), the current fence around plants for which we have on file requests for a public hearing, and thus, Boneyard Bog is adequate, and they sufficient information on biological none was held. We also contacted have not observed livestock within the vulnerability and threats to support associated Federal, State, and local fenced exclosure. Also, since 2001, the preparation of a listing proposal, but for agencies, scientific organizations, and AGFD has been conducting annual which development of a listing other interested parties and invited springsnail surveys (Nelson et al. 2002, regulation is precluded by other higher them to comment on the proposed rule entire) and since 1997 the Apache- priority listing activities. and draft economic analysis during the Sigreaves National Forests have been On May 4, 2004, the Center for two comment periods. implementing special management to Biological Diversity petitioned the During the 2 comment periods, we minimize potential livestock trespass Service to list 225 species of plants and received 11 letters addressing the (USFS 2011b, p. 184). For further animals as endangered under the proposed listing and critical habitat information, see Ungulate discussion

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under Factor A analysis for this species, Comment (7): One peer reviewer underground) and in association with below. suggested that the discussion under high water velocity. Inundation can Comment (3): One peer reviewer Wildfire Suppression warrants alter the springsnail’s preferred habitat stated that it is clear the abundance and reevaluation to avoid overstating the by increasing water depth, reducing distribution of both species has declined effects of aerial retardant on populations water velocity, and causing shifts in since studies were first conducted, and of Three Forks springsnail at Three substrate (the base on which an the proposed rule supports listing of Forks Springs. organism lives) composition, vegetation, both species. Our response: The available evidence and water chemistry. Because of Our response: The Three Forks regarding the effects of fire retardant on inundation’s ability to alter the springsnail and San Bernardino Three Forks springsnail does not springsnail’s preferred habitat, we springsnail have declined in abundance constitute definitive proof that exposure consider springhead inundation to be a and distribution, and the available to drift resulted in the extirpation of the threat to the San Bernardino information continues to support listing. species from Three Forks Springs. springsnail’s continued existence. For Comment (4): One peer reviewer However, we are required to utilize the more details on this issue, please see suggested that the amount of occupied best scientific and commercial Factor A analysis for the San Bernardino habitat (particularly spring surface area) information available, and conclude the springsnail, below. is a superior metric over abundance of information we have cited meets the Comment (10): One peer reviewer individual snails for assessing status of criteria. It is unlikely that retardant indicated that the threat of groundwater springsnails. residue traveled upstream within depletion to the San Bernardino Our response: When we assess the spring-runs, and if springsnails were springsnail is not clearly demonstrated. status of a species, we take into exposed to retardant it would have been Our response: The use of the phrase consideration the factors that may drift from high-elevation drops. Fire ‘‘groundwater depletion’’ has been impact the species’ continued existence, retardant chemicals are known to be revised in this final rule, because it did as well as the species’ life history toxic to aquatic life, including those fire imply an unverified connection to processes. In regards to a springsnail’s retardants used in the Three Forks Fire identifiable groundwater pumping or abundance, we agree that limits on in 2004. We find the inability of withdrawal. The loss of habitat and the springsnail productivity appear to be surveyors to locate the species at Three springsnail population at Snail Spring more closely related to the availability Forks Springs since 2005, the season was clearly due to the loss of water of suitable habitat rather than number of immediately following suspected flow. However, the underlying individuals, because springsnails exposure to drift, to be a compelling hydrologic mechanism that caused the exhibit high fecundity. The availability reason to suspect retardant-related spring to dry is unclear. Additionally, of suitable habitat is one of the toxicity. However, we acknowledge the because that population is now components we take into consideration speculative nature of this conclusion, as extirpated, the threat from water when assessing the status of the well as technical errors, such as depletion is no longer acting upon the springsnails. overestimating the amount of retardant species at that site. We have revised the Comment (5): One peer reviewer used to fight the fire, and have revised language accordingly in this final rule. noted that numerous scattered springs the language accordingly in this final Comment (11): One peer reviewer along Boneyard Creek, downstream of rule. questioned the potential effects of Boneyard Bog Springs and upstream of Comment (8): One peer reviewer did glyphosate. The reviewer stated the use Three Forks Springs, are inhabited by not believe sufficient evidence was of the herbicide glyphosate (Roundup®) springsnails that are likely Three Forks provided to conclude that elk wallowing on the John Slaughter Ranch Museum springsnails and should be included as threatens the integrity of an entire was not well documented, and the critical habitat. spring system. pesticide has low toxicity for freshwater Our response: We agree, and based on Our response: Field observations, mollusks. this new information indicating that the largely from Service biologists, have Our response: Based on a more in- species was more widely distributed provided anecdotal evidence that wet depth evaluation of the available along Boneyard Creek, in November 17, seeps and boggy areas characterized by information, the possible detrimental 2011 (76 FR 71300), we proposed to elk wallows are not occupied by Three effects of glyphosate exposure to revise the previously proposed critical Forks springsnails, and are unsuitable springsnails are not well supported. We habitat for the Three Forks springsnail for the species. Even though elk have revised the language accordingly by increasing the size of the Boneyard wallowing is a factor that seems to be in this final rule. Bog Springs Unit, and by adding an impacting the Three Forks springsnail’s Comment (12): One peer reviewer additional unit, the Boneyard Creek habitat, we do not believe it is occurring questioned our conclusions regarding Springs Unit. at a scale that would cause the the potential effects of nonnative Comment (6): One peer reviewer extinction of Three Forks springsnail on crayfish (Orconectis virilis) on the Three noted that recent genetic work shows its own. However, in combination with Forks springsnail. that San Bernardino springsnails inhabit the other threats identified in this five- Our response: Our conclusion springs in Sonora, Mexico, on the factor analysis, we think elk wallowing regarding the threat of crayfish Rancho San Bernardino, and the may be contributing to the species’ risk predation on the Three Forks proposed rule does not contain a threats of extinction by reducing its long-term springsnail is based on the fact that assessment for that portion of its range. viability. nonnative crayfish are known predators Our response: The genetic Comment (9): One peer reviewer of aquatic snails (Fernandez and Rosen information was not available in early stated that it is unclear from the 1996, pp. 24–25; Parkyn et al. 1997, p. 2011 when the proposed rule was information in the proposed rule if 690), and are relatively recent invaders published in the Federal Register. We inundation continues to be a threat, of Three Forks springsnail habitats. We have reviewed this new information and particularly at House Pond. also drew our conclusion from field conducted a threats assessment for San Our response: The San Bernardino observations that noted a concurrent Bernardino springsnail across its entire springsnail is mainly found near spring decline in springsnail abundance in range as part of this final rule. vents (area where water emerges from conjunction with an increase in crayfish

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abundance. Therefore, based upon the and they would support not listing this interested stakeholders, to monitor and best available information, we consider species. conserve the species. nonnative crayfish predation to be a Our response: We have reviewed the Comment (18): One commenter threat to the Three Forks springsnail. new information indicating the San questioned what actions the Service was Comment (13): One peer reviewer Bernardino springsnail is more taking to alter established policies asked how haplotype differentiation widespread than previously believed, identified in the preamble to the would factor into the need to repopulate particularly in Sonora, Mexico. We have proposed rule under The Inadequacy of Three Forks Springs to ensure the included these sites in our five-factor Existing Regulatory Mechanisms. ecological representation of the Three analysis, and have concluded that Our response: Many regulatory Forks springsnail. sufficient threats still exist to warrant mechanisms discussed are under the Our response: We believe information listing the species as threatened. purview and discretion of other Federal on genetic diversity will be a critical and State agencies. The Service has no element in determining the most Comments From the U.S. Forest Service regulatory authority to affect change to appropriate manner in which to We did not receive comments from existing regulatory mechanisms of other promote recovery of the Three Forks the U.S. Forest Service (USFS) agencies. However, we do work under springsnail, particularly at Three Forks specifically on the proposed rule. the authorities of the Act to assist and Springs. It is our goal to maintain the However, we did receive a map from the coordinate with other agencies to ensure genetic diversity of the species, and we USFS during the open comment period their actions are protective of threatened have commissioned a genetic study to on the proposed rule to designate and endangered species and their review the genetic relationships critical habitat for the Chiricahua critical habitats. between and among Three Forks leopard frog (Lithobates chiricahuensis) Comment (19): One commenter stated springsnails within each critical habitat (76 FR 58441, September 21, 2011) additional suitable springs in the unit. The decision of whether or not to outlining the area they are considering vicinity of habitat currently occupied by allow natural repopulation from as the Three Forks Recommended the San Bernardino springsnail should upstream populations, or to conduct Research Natural Area (RNA) and be designated as critical habitat. Our response: Other than those active translocations, will be Associated Features. determined in the context of a recovery discussed in this final rule, the team comprising Service personnel, Public Comments commenter did not provide nor do we species experts, and other stakeholders. Several commenters made numerous have any information on other springs Comment (14): One peer reviewer comments similar to those expressed by in the vicinity of habitat currently stated that Tule Spring does not appear peer reviewers, and which have been occupied by the San Bernardino conducive to occupation by San addressed above (see our responses (3), springsnail in the United States to Bernardino springsnail, particularly in (5), (6), (11), and (14) under Peer evaluate for critical habitat. Although regard to the presence of the primary Reviewer Comments). several springs in Sonora, Mexico, constituent elements (PCEs), and should provide habitat for the species, we do Comment (16): One commenter noted not be designated as critical habitat. not designate critical habitat in foreign that current husbandry research Our response: Under the second countries. prong of the Act’s definition of critical indicates that the Three Forks Comment (20): One commenter stated habitat, we can designate critical habitat springsnail requires a consistent that the Service should consider in areas outside the geographic area environment in order to thrive, designation of critical habitat occupied by the species at the time it is particularly in the context of water throughout the historical ranges of both listed, upon a determination that such quality and temperature. species, and include areas that are not areas are essential for the conservation Our response: We have compiled the currently occupied. of the species. We have determined that available information regarding ongoing Our response: In this final critical Tule Spring is essential to the research on captive populations of habitat designation, we are including conservation of the San Bernardino Three Forks springsnail and both occupied and unoccupied units, springsnail, because it provides incorporated this information into the for both species. In accordance with redundancy of the species if a final rule as appropriate. section 3(5)(A) of the Act, we are population were to become established Comment (17): One commenter stated designating critical habitat in specific there either through natural or artificial that, at the time of public comment, the areas within the geographic area reintroductions. Wallow Fire was burning in the White occupied by the species at the time of Mountains, potentially threatening listing, which contain the physical and Comments From the States remaining populations of Three Forks biological features essential for the Section 4(i) of the Act states the springsnail. conservation of the species, and which Secretary shall submit to the State Our response: We have compiled the may require special management, as agency a written justification for his available information regarding the well as specific areas outside the failure to adopt regulations consistent Wallow fire and incorporated it into the geographic area occupied by the species with the agency’s comments or petition. final rule as appropriate. Wildfire has at the time of listing, and are essential We received two comment letters from been known to have negative effects on to the conservation of the species. In the AGFD. The majority of AGFD’s springsnails, and most Three Forks this final rule, the unoccupied units we comments were similar to those springsnail sites were severely burned. designated as critical habitat are areas expressed by peer reviewers, and have However, reporting indicates that aerial within the historical ranges of both been addressed above (see our responses fire retardants were not applied along species. (3), (5), (8), and (14) under Peer Boneyard Creek, because the fire burned Reviewer Comments). too hot and fast. At this time, we do not Summary of Changes From the Comment (15): The AGFD stated that, know what effect the Wallow Fire will Proposed Rule due to new information on its status and have on the long-term viability of Three Since the publication of the April 12, distribution, the San Bernardino Forks springsnail. We will continue to 2011 (76 FR 20464), proposed rule to springsnail is at less risk to extinction, work with the USFS, AGFD, and list and designate critical habitat for the

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Three Forks springsnail and San adult habitat (Brusca and Brusca 1990, p. 650; Tsai et al. 2007, p. 2006; Bernardino springsnail, and the p. 759; Hershler and Sada 2002, p. 256). Martinez and Rogowski 2011, pp. 218– November 17, 2011 (76 FR 71300), The sexes are separate, and females are 220). Dissolved salts such as calcium proposed revision of the critical habitat noticeably larger than males. Mobility is carbonate may also be important factors for the Three Forks springsnail, we have limited, and significant migration likely because they are essential for shell made the following changes in this final does not occur, although aquatic snails formation (Pennak 1989, p. 552). rule: have been known to disperse by (1) We previously proposed to list the becoming attached to the feathers of Three Forks Springsnail San Bernardino springsnail as migratory birds (Roscoe 1955, p. 66; The Three Forks springsnail was endangered, but upon review of Dundee et al. 1967, pp. 89–90). originally described as Fontelicella additional information, which we Springsnails in the family Hydrobiidae trivialis by Taylor (1987, pp. 30–32) and described in the notice announcing the feed primarily on periphyton, which is later Pyrgulopsis confluentis by Hershler availability of a draft economic analysis a complex mixture of algae, detritus, and Landye (1988, pp. 32–35) from a (76 FR 71300; November 17, 2011), bacteria, and other microbes that live spring-fed pond at Three Forks, Apache regarding the status of, and threats to, upon submerged surfaces in aquatic County, Arizona. The species was the springsnail in Mexico, we have the environments (Mladenka 1992, pp. 46, renamed Pyrgulopsis trivialis by determined the species meets the 81; Hershler and Sada 2002, p. 256; Hershler (1994, pp. 68–69). We have definition of threatened instead of Lysne et al. 2007, p. 649). The life span carefully reviewed the available endangered. Based on the best available of most aquatic snails is 9 to 15 months taxonomic information (Landye 1973, information at this time, the species is (Pennak 1989, p. 552); the survival of p. 49; Taylor 1987, pp. 30–32; Hershler likely to become an endangered species one species in the genus Pyrgulopsis in and Landye 1988, pp. 32–35; Hershler within the foreseeable future rather than the laboratory was nearly 13 months 1994, pp. 68–69; Hurt 2004, p. 1176), (Lysne et al. 2007, p. 3). being in danger of extinction now. and conclude that Three Forks Hydrobiid snails occur in springs, (2) For the San Bernardino springsnail is a valid taxon (entity). The springsnail, we expanded the Summary seeps, spring runs, and a variety of waters, but particularly spring systems Three Forks springsnail is a variably of Factors Affecting the Species to sized species, with a shell height include a discussion of factors that produce running water. Snails in the genus Pyrgulopsis are rarely found (length) of 0.06 to 0.19 inches (in) (1.5 throughout the species’ entire range, to 4.8 millimeters (mm). A detailed including the United States and Mexico. in mud or soft sediments (Hershler 1998, p. 14), and are typically more description of the identifying Endangered Status for Three Forks abundant in gravel-to cobble-size characteristics of the Three Forks Springsnail and Threatened Status for substrates (Frest and Johannes 1995, p. springsnail is found in Taylor (1987, pp. San Bernardino Springsnail 203; Malcom et al. 2005, p. 75; Martinez 30–32), Hershler and Landye (1988, pp. 32–35), and Hershler (1994, pp. 68–69). It is our intent to discuss below only and Thome 2006, pp. 12–13; Lysne et al. those topics directly relevant to the 2007, p. 650). These substrate types Historically, the Three Forks listing of the Three Forks springsnail as provide a suitable surface for springsnail is known to have occurred endangered, and the San Bernardino springsnails to graze and lay eggs in numerous springs and seeps along springsnail as threatened, in this section (Taylor 1987, p. 5; Hersler 1998, p. 14). Boneyard Creek and its confluence with of the final rule. Proximity to springheads, where the North Fork East Fork Black River in water emerges from the ground, plays a the White Mountains on the Apache- Species Information key role in the life history of Sitgreaves National Forests, in Apache Both the Three Forks springsnail and springsnails. Many springsnail species County, east-central Arizona. In recent San Bernardino springsnail are members exhibit decreased abundance farther years, the springnail was found only in of the genus Pyrgulopsis in the family away from spring vents, presumably due the Three Forks Springs, Boneyard Bog Hydrobiidae. In the arid Southwest, to their need for stable water chemistry Springs, and Boneyard Creek Springs. springsnails are largely relicts of the and flow provided by spring waters Each of these spring complexes wetter Pleistocene Epoch (2.5 million to (Hershler 1984, p. 68; Hershler 1998, comprise few to many spring vents 10,000 years ago), and are typically p. 11; Hershler and Sada 2002, p. 256; (Table 1) and are found in shallow distributed across the landscape as Martinez and Thome 2006, p. 14; Tsai canyon drainage or open mountain geographically isolated populations et al. 2007, p. 216). They are sensitive meadows at 8,200 feet (ft) (2,500 meters exhibiting a high degree of endemism to water quality, and each species is (m)) in elevation. These springs are (found only in a particular area or usually found within relatively narrow spread across 3.7 miles (mi) (6 region) (Bequart and Miller 1973, p. 214; habitat parameters (Sada 2008, p. 59). kilometers (km)) of perennial flowing Taylor 1987, pp. 5–6; Shepard 1993, p. Several habitat parameters, such as stream. The species has been found in 354; Hershler and Sada 2002, p. 255). substrate, dissolved carbon dioxide, free-flowing springheads, concrete Springsnails are strictly aquatic, and dissolved oxygen, temperature, boxed springheads, spring runs, spring respiration occurs through an internal conductivity, pH, and water depth, have seeps, and shallow ponded water gill. Springsnails in the genus been shown to influence the (Martinez and Myers 2008, p. 189). Pyrgulopsis are egg-layers with a single distribution and abundance of Unfortunately, the species was small egg capsule deposited on a hard Pyrgulopsis snails (O’Brien and Blinn extirpated from Three Forks Springs in surface (Hershler 1998, p. 14; Pearson 1999, pp. 231–232; Mladenka and 2004 following the Three Forks Springs 2011, p. 3). The larval stage is Minshall 2001, pp. 209–211; Malcom et Fire (see a more detailed discussion on completed in the egg capsule, and upon al. 2005, p. 75; Martinez and Thome the effects of this fire under Factor A hatching, tiny snails emerge into their 2006. pp. 12–15; Lysne et al. 2007, analysis for this species, below).

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TABLE 1—OCCUPANCY OF THE THREE FORKS SPRINGSNAIL IN SPRINGS ALONG BONEYARD CREEK AND NORTH FORK EAST FORK BLACK RIVER, ARIZONA

Year of last Area of recent occurrence Number of springs Currently occupied verified occupancy

Three Forks Springs ...... At least 8 ...... No ...... 2003 Boneyard Bog Springs ...... At least 8 ...... Yes ...... 2010 Boneyard Creek Springs ...... At least 11 ...... Yes ...... 2010

Martinez and Myers (2008, pp. 189– ecosystems where found, though with Hershler 1994, p. 21; Hurt 2004, p. 1176; 194) found that presence of Three Forks patchy micro-distribution. Nelson et al. Varela Romero and Myers 2010, p. 9), springsnail was associated with gravel (2002, p. 5) reported Three Forks and conclude that San Bernardino and pebble substrates, shallow water up springsnail densities of approximately springsnail is a valid taxon. The San to 2.4 in (6 centimeters (cm)) deep, high 72 snails per square yard (60 snails per Bernardino springsnail has a narrow- conductivity, alkaline waters of pH 8, square meter) at Three Forks Springs, conic shell and a height of 0.05 to 0.07 and the presence of pond snails (Physa and approximately 945 per square yard in (1.3 to 1.7 mm). A detailed gyrina). Martinez and Rogowski (2011, (790 snails per square meter) at description of the identifying p. 218) found that density of Three Boneyard Bog Springs. The highest characteristics of the San Bernardino Forks springsnail was greater in water number recorded at a single spring- springsnail is found in Taylor (1987, depths less than 2.2 in (5.6 cm), where brook occurred in a 254-square yards pp. 35–35); Hershler and Landye (1988, density of pond snails was less than 5.5 (213-square meters) area at Three Forks p. 41), and Hershler (1994, pp. 21–22). per square yard (4.6 per square meter), Springs in 2002, where tens of The historical range of the San and where distance from the springhead thousands of individual snails were Bernardino springsnail in the United was less than 2.6 ft (0.8 m). In captivity, estimated (Martinez 2009, pp. 31–32). States may have included several the species selected water depths of 3.2 Unfortunately, the Three Forks springs along the Rio San Bernardino in (8.1 cm) in an aquarium that ranged springsnail was last documented at (also known as San Bernardino Creek or from 1.9 in (4.8 cm) to 7.5 in (19.1 cm) Three Forks Springs in 2003. The AGFD Black Draw) within the headwaters of in depth (Rogowski 2011, p. 1). It has has been conducting annual surveys the Rio Yaqui in Cochise County, been shown that density of Three Forks since 2001 (Nelson et al. 2002, entire), southern Arizona around 3,806 ft (1,160 springsnail is significantly greater on and they have been reporting very low m) elevation on what is now the San gravel and cobble substrates (Martinez numbers of the springsnails at Three Bernardino National Wildlife Refuge and Rogowski 2011, p. 220; Martinez Forks Springs since 2005 (Cox 2007, p. (NWR) and the State-owned John and Myers 2002, p. 1), though the 1; Bailey 2008, p. 1; Grosch 2010, p. 1). Slaughter Ranch Museum, including species has been reported as However, no voucher specimens Snail Spring, Horse Spring, Goat Tank ‘‘abundant’’ in the fine-grained mud of (specimens collected to verify species Spring, and perhaps Tule Spring (Cox et a 0.03-acre (ac) (0.01-hectare (ha)) pond identification) were actually collected al. 2007, pp. 1–2; Service 2007, pp. 82– at Three Forks Springs (Taylor 1987, p. until 2011, when it was discovered that 83; Malcom et al. 2005, p. 75; Malcom 32). Abundance has been found to the small snails from Three Forks et al. 2003, p. 2; Velasco 2000, p. 1). The decrease downstream from springheads Springs were not Three Forks current range of the species in the (Martinez and Rogowski 2011, p. 218, springsnails (Sorensen 2011a, p. 1), but United States is now believed to be Nelson et al. 2002, p. 11), consistent rather air-breathing, land snails limited to two springs on the John with studies of other springsnails belonging to the family Pupillidae. Slaughter Ranch Museum, Goat Tank (Hershler 1984, p. 68; Hershler 1998, Based on this new information, the Spring and Horse Spring (Martinez p. 11; Hershler and Sada 2002, p. 256; species is not currently considered to be 2010, p. 2) (Table 2). Surveys by Martinez and Thome 2006, p. 14; Tsai extant at Three Forks Springs. SBNWR staff confirmed the presence of et al. 2007, p. 216). The Three Forks Fortunately, the species continues to be San Bernardino springsnails in Horse springsnail was known to occur in abundant at Boneyard Bog Springs and Spring in 2009 (Martinez 2010, p. 2). ponded springboxes and the big pond at Boneyard Creek Springs. Also, Horse Spring is now known to be Three Forks, prior to extirpation. directly connected via an underground San Bernardino Springsnail Although research indicates the species pipeline to Goat Spring (which is exhibits higher density in shallower The San Bernardino springsnail was occupied by thousands of springsnails), water, the species does not appear to be originally described as Yaquicoccus so the liklihood of springsnails being at intolerant of deeper ponded water. In bernardinus by Taylor (1987, pp. 34–35) both sites is high. captive settings, the number of observed and later Pyrgulopsis cochisi by The species was formerly collected living springsnails declined along with Hershler and Landye (1988, p. 41) from and very abundant at Snail Spring on decreasing water temperature (Phoenix a spring in the San Bernardino Creek the John Slaughter Ranch Museum Zoo 2009, p. 2), and the species drainage, Cochise County, Arizona. The (Malcom et al. 2003, p. 17; Malcom et preferred temperatures near 71.6 species was renamed Pyrgulopsis al. 2005, p. 74), but now appears to be degrees Fahrenheit (°F) (22 degrees bernardina by Hershler (1994, pp. 21– extirpated having last been confirmed Celsius (°C)) (Rogowski and Martinez 22). We have reviewed the available from that site in 2005 (Cox et al. 2007, 2010, p. 1; Rogowski 2011, p. 1). taxonomic information (Landye 1973, p. 1; Malcom 2007, p. 1; Service 2007, The Three Forks springsnail was p. 34; Landye 1981, p. 21; Hershler and p. 83; Martinez 2010, p. 1; Varela historically abundant within all spring Landye 1988, p. 41; Taylor 1987, p. 34; Romero and Myers 2010, p. 2).

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TABLE 2—OCCUPANCY OF SAN BERNARDINO SPRINGSNAIL IN SPRINGS IN THE SAN BERNARDINO BASIN, ARIZONA, AND CAJO´ N BONITO BASINS, MEXICO

Year of last Spring or springs complex Number of springs Currently occupied verified occupancy

Goat Tank ...... 1 ...... Yes ...... 2010. Horse ...... 1 ...... Yes ...... 2009. Snail ...... 1 ...... No ...... 2002. Tule ...... 1 ...... No ...... Unknown. Ojo El Chorro ...... At least 1 ...... Yes ...... 2010. Los Ojitos ...... At least 1 ...... Yes ...... 2010. Ojo El Ojito ...... At least 2 ...... Yes ...... 2010. Ojo Agua Fria ...... At least 2 ...... Yes ...... 2010. Ojo Caliente ...... At least 3 ...... Yes ...... 2010.

According to recent genetic studies, (Radke 2010, p. 1; Service 2011, pp. allowed a buildup of woody fuels that the San Bernardino springsnail occurs at 117–118). resulted in infrequent, but very hot, stand-replacing fires (fires that kill all or five sites in Sonora, Mexico, in the San Summary of Factors Affecting the Three ´ most of above-ground parts of dominant Bernardino and Cajon Bonito Basins, Forks Springsnail including Ojo El Chorro, Los Ojitos, Ojo vegetation, changing the above-ground El Ojito, Ojo Agua Fria, and Ojo Caliente Section 4 of the Act and structure substantially) (Danzer et al. (Liu and Hershler 2005, p. 293; Varela implementing regulations at 50 CFR 424 1997, p. 9; Dahm and Geils 1997, p. 34). and Myers 2010, pp. 5–9). All five of set forth procedures for adding species In the past decade, USFS’s lands these sites are located on privately to the Federal Lists of Endangered and around, or adjacent to, Three Forks owned ranches. The springs where the Threatened Wildlife and Plants. A springsnail habitats have been burned San Bernardino springsnail is found at species may be determined to be an by wildfires, including the Three Forks these sites are typical cie´nega endangered or threatened species due to Fire in 2004, and the Wallow Fire in ecosystems (wet, marshy areas at the one or more of the five factors described 2011. These fires developed into hot foot of a mountain, in a canyon, or on in section 4(a)(1) of the Act: (A) The crown fires (fires burning in tree the edge of a grassland where present or threatened destruction, canopies), while the Wallow Fire also groundwater bubbles to the surface) modification, or curtailment of its exhibited very hot, stand-replacing occurring near 3,806 ft (1,160 m) in habitat or range; (B) overutilization for effects. The lack of vegetation and forest commercial, recreational, scientific, or elevation (Minckley and Brunelle 2007, litter following intense fires can expose educational purposes; (C) disease or pp. 421–422), and most of the sites soils to surface erosion during storms, predation; (D) the inadequacy of contain several springheads occupied by often causing sedimentation and erosion existing regulatory mechanisms; and (E) the species (Varela and Myers 2010, in downstream drainages (DeBano and other natural or manmade factors pp. 6–8) (Table 2). Neary 1996, pp. 70–75). This can cause affecting its continued existence. Listing infilling of substrates and shifts in water Malcom et al. 2005 (pp. 71, 75–76) actions may be warranted based on any chemistry within spring systems. showed that density of San Bernardino of the above threat factors, singly or in We do not expect that surface erosion springsnail was positively associated combination. Each of these factors is would have affected spring ecosystems with cobble substrates, high vegetation discussed below. occupied by Three Forks springsnail density, faster water velocity, high following the Three Forks Fire, because dissolved oxygen, water temperatures A. The Present or Threatened the spring areas did not burn. In ranging from 57 to 72 °F (14 to 22 °C), Destruction, Modification, or contrast, most of the areas around and pH values between 7.6 and 8.0. San Curtailment of Its Habitat or Range Boneyard Bog and Boneyard Creek Bernardino springsnail density Wildfire and Suppression Springs, which are occupied by the exhibited positive relationships to sand Fire frequency and intensity in species, were burned by the Wallow and cobble substrates, vegetation southwestern forests are altered from Fire in 2011, and these occupied springs density, and water velocity, and historical conditions (Dahms and Geils are at risk from ash and sediment negative relationships to silt and organic 1997, p. 34; Danzer et al. 1997, pp. 1– erosion during anticipated storm-water substrates, and water depth (Malcom et 2). Before the late 1800s, surface fires flows (USFS 2011a, pp. 65–69). We al. 2005, pp. 75–76). generally occurred at least once per believe the species evolved with Limited information is available on decade in montane forests with a pine frequent low-intensity wildfire, and population sizes for the San Bernardino component (Swetnam and Baisan 1996, likely exhibits some resiliency. springsnail. Malcom et al. (2003, p. 7; p. 15), landscapes similar to those However, there is cause for concern as 2005, p. 74) estimated former average within which the Three Forks fire-induced changes in habitat for the springsnail density as 66,893 per square springsnail occurs. During the early Koster’s springsnail (Juturnia kosteri) in yard (55,929 individuals per square 1900s, frequent widespread ground fires New Mexico, resulted in lower meter) at Snail Spring from September ceased to occur due to intensive springsnail densities post-fire (Lang 2001 to March 2002. The species livestock grazing that removed fine 2002, pp. 5–7; NMDGF 2006, p. 9). formerly occurred in low population fuels, such as grasses. Coupled with fire Conversely, Sada and Vinyard (2002, numbers at Goat Tank Spring, but has suppression, changes in fuel load began p. 282) noted the presence of large since exhibited an increase in to alter forest structure and natural fire populations of the springsnail P. glibba abundance following the modification regime (Dahms and Geils 1997, p. 34). in recently burned springs in Nevada. of a metal cover on the spring-box An absence of low-intensity ground fires Initial reports indicate that Three Forks

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springsnails were not observed in at documented use of fire retardant pp. 189–194). It appears that elk least one spring within Boneyard Bog chemicals during the 2004 fires caused wallowing prevents spring seepage from Springs that was affected by recent retardant-related toxicity, and thus, the developing into free-flowing spring- flooding and ash debris (Sorensen inability of surveyors to locate the runs, which is the preferred habitat of 2011a, p. 1). Because the Wallow Fire species at Three Forks Springs since. the Three Forks springsnail. Although exhibited very hot, stand-replacing Fortunately, the species still persists at elk wallowing is a factor that seems to effects, and it burned around the Boneyard Bog Springs and Boneyard be impacting the Three Forks entirety of the only two spring Creek Springs, but there is the potential springsnail’s habitat, it is not occurring complexes (consisting of several for future wildfires to occur near these at a scale that would cause the springs) known to be occupied by the occupied sites. Because of the toxic extinction of Three Forks springsnail on species, additional storm-water flows effects to springsnails from aerial fire its own. However, in combination with are likely to cause erosion and retardant chemicals and the potential the other threats identified in this five- sedimentation to flow into the for exposure during future wildfires, we factor analysis, elk wallowing may be springsnail’s habitat, thus potentially consider the use of fire retardant contributing to the species’ risk of resulting in the species’ decline to the chemicals to be a threat to the Three extinction by reducing its long-term point of extinction. Forks springsnail in the foreseeable viability. Importantly, the AGFD is Although the Three Forks Fire in 2004 future. partnering with the conservation did not directly burn Three Forks community to implement habitat Ungulates springsnail habitats, fire suppression improvements for the Three Forks included application of aerial fire High-intensity ungulate (hoofed- springsnail, including the construction retardants (chemicals used to suppress mammal) grazing on spring ecosystems of fenced elk exclosures around targeted fire). Fire retardants may be toxic to can alter or remove springsnail habitat spring sites (Sorensen 2011b, p. 1). springsnails if they enter the aquatic and limit the distribution of systems the snails occupy. Some fire springsnails, or result in extirpation. For Springhead Inundation retardant chemicals are ammonia-based, instance, cattle trampling at a spring in Springhead inundation refers to which are toxic to aquatic wildlife; Owens Valley, California, reduced pooling of water over a spring vent, however, many formulations also banks to mud and sparse grass, limiting resulting in ponded water (sometimes contain yellow prussiate of soda the occurrence of the endangered Fish relatively deep) that would otherwise (sodium ferrocyanide), which is added Slough springsnail (Pyrgulopsis exist as shallow, free-flowing water. As as an anticorrosive agent. Such pertubata) (Bruce and White 1998, noted above in the species description, formulations are toxic for fish, aquatic pp. 3–4). Additionally, a population of the Three Forks springsnail was known invertebrates, and algae (Angeler et al. Chupadera springsnail, (P. chupaderae), to occur in ponded springboxes and the 2006, pp. 171–172; Calfee and Little endemic to Socorro County, New big pond at Three Forks, prior to 2003, pp. 1527–1530; Little and Calfee Mexico, was extirpated due to the extirpation. Although research indicates 2002, p. 5; Buhl and Hamilton 1998, impacts of intensive livestock grazing the species exhibits higher density in p. 1598; Hamilton et al. 1998, p. 3; on its habitat (Arritt 1998, p. 10; shallower water, the species does not Gaikowkski et al. 1996, pp. 1372–1373). NMDGF 2006, p. 13). Even though other appear to be intolerant of deeper Toxicity of these formulations is springsnails have been impacted by ponded water. Thus springhead enhanced by sunlight (Calfee and Little high intensity ungulate grazing, we do inundation is not a threat for this 2003, pp. 1529–1533). Contamination of not consider it to be factor for the Three particular species because it persists in aquatic sites can occur via direct Forks springsnail. Livestock have been deeper water than many other application, wind drift, or runoff from fenced out of the springs where the springsnails. treated uplands. Three Forks springsnail occurs since the Summary of Factor A: At this time, During the 2004 fire season, it is mid- to late 1990s. the primary threats to the only known suspected that surface waters within the Although fencing excludes livestock occupied habitats of Three Forks Three Forks Springs area were exposed from springs where the Three Forks springsnails are soil erosion resulting to fire retardant that could have drifted springsnail occurs (USFS 2011b, p. 184), from the high-intensity Wallow Fire that from high-elevation retardant releases free-ranging elk (Cervus elaphus) can occurred in 2011, and the potential from aircraft (USFS 2005, pp. 4, 12). access all the springs. Elk are able to exposure of fire retardant chemicals During fire suppression activities jump or cross the fencing in ways that during future wildfires. Also, elk related to the Three Forks Fire, livestock cannot. Because elk have been wallowing may be contributing to the approximately 54,122 gallons (204,874 able to access the springs, some habitat species’ risk of extinction by reducing liters) of aerial fire retardant were modification from elk wallowing has its long-term viability. However, applied from aircraft (USFS 2005, p. 4). been observed by Service personnel springhead inundation does not appear The nearest documented release into a (Martinez 2000, p. 1; Nelson 2002, p. 2). to be a threat. Based on the best waterway was 0.65 mi (1.05 km) from In 2007 and 2008, erosive soil available information, the present or Three Forks Springs, though other conditions related to elk wallowing threatened destruction, modification, or undocumented aerial releases in the were documented at Boneyard Bog curtailment of the Three Forks area could have been closer. Available Springs (Myers 2007, p. 2; Martinez springsnail’s habitat and range poses a data indicate that the Three Forks 2008, p. 1). Intensive elk wallowing significant threat to the species’ springsnail was still abundant in spring causes muddy conditions, soil loss, continued existence across its entire sites at Three Forks Springs in 2002 and sparse grass, and stagnant, rather than range now, and into the foreseeable 2003, prior to the fire (AGFD 2008, flowing, water. These habitat conditions future. entire; Martinez 2009, pp. 31–32), but created by elk wallowing are typically has not been detected since that time. unsuitable for the Three Forks B. Overutilization for Commercial, Although a definitive connection springsnail, because the springsnail are Recreational, Scientific, or Educational between extirpation and exposure to fire mostly found in habitats with gravel and Purposes retardant drift has not been made, it is pebble substrates, and shallow running The Three Forks springsnail has been reasonable to assume that drift from the water (Martinez and Myers 2008, subjected to a limited number of

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scientific studies aimed at determining has no native crayfish species (Inman application of wildland fire chemicals taxonomy, distribution, and habitat use. 1999, p. 6), the Three Forks springsnail into waterways (NIFC 2011, p. 3). The Although sampling can reduce likely did not evolve in the presence of closest accidental delivery of fire population size of springsnails crayfish predation. Therefore, the retardant into a waterway was (Martinez and Sorensen 2007, p. 29), springsnail probably does not have an approximately 0.65 mi (1 km) upstream studies have not resulted in the removal evolutionary mechanism to escape this of Three Forks Springs (USFS 2005, of large numbers of snails, and we do type of predation. Recognizing the p. 12), well over the 300-ft (91-m) buffer not believe they have had discernible impact that nonnative crayfish were established by NIFC policy. effects on any population. Unauthorized having on the Three Forks springsnail, Nevertheless, aquatic areas at Three collecting has been identified as a threat AGFD personnel conducted an intensive Forks are suspected to have been to other snails, including springsnails crayfish trapping program aimed at affected by fire retardant drift. (65 FR 10033, February 25, 2000; 58 FR reducing predatory pressure at Three In addition to the 300-ft (91-m) buffer, 5938, January 25, 1993; 56 FR 49646, Forks Springs (Nelson et al. 2002, pp. 4, the USFS recently adopted a policy of September 30, 1991), due to their rarity, 6). However, complete elimination of establishing avoidance areas specifically restricted distribution, and generally crayfish from an aquatic system is for listed species (USFS 2011c, p. 6). well-known locations. However, there is usually not possible (Helfrich et al. Although the implementation of an currently no documentation of 2001, p. 4). This has been the case with avoidance zone will likely reduce the collection being a significant threat to the trapping effort at Three Forks probability of exposure to aerial fire the Three Forks springsnail. Springs. More recently, crayfish have retardants, it cannot entirely eliminate In summary, the best available also been found in Boneyard Creek the possibility of an accidental information indicates that the Three Springs and Boneyard Bog Springs. catastrophic event. Furthermore, Forks springsnail is not threatened by These efforts have not eliminated although fire retardants containing overutilization for commercial, crayfish or prevented their spread along sodium ferrocyanide are no longer used, recreational, scientific, or educational Boneyard Creek. USFS (2011c, pp. 121–123) purposes now, and we do not have any In summary, parasitism is not acknowledges that fire retardants information to indicate that this will currently known to be a threat to the currently in use still contain substances likely become a significant threat in the Three Forks springsnail, but this factor toxic to aquatic invertebrates, including foreseeable future in any portion of its may need to be investigated further mollusks. range. considering that it was observed on Take of the Three Forks springsnail is specimens in the past, and it has the C. Disease or Predation regulated by Arizona Game and Fish potential to contribute to population Commission Order 42, which Exceptionally heavy parasitism on the declines (Dillon 2000, pp. 270–272). At establishes no open season (no female reproductive system of the Three this time, we have no information to collecting) for any snail species in the Forks springsnail has been observed on indicate that parasitism is occurring genus Pyrgulopsis (AGFD 2010, p. 29). specimens from the extirpated Three within the remaining populations or Although Order 42 prohibits direct Forks Springs population (Taylor 1987, that it might occur at a level in the taking of individuals, it does not p. 31). However, we have no future that affects the species’ continued prohibit habitat modification. The information that parasitism exists in the existence. On the other hand, we species is also identified as a priority remaining Three Forks springsnail consider predation by nonnative species in the State Wildlife Action Plan populations at Boneyard Creek Springs crayfish to be a threat to the Three Forks prepared by AGFD (AGFD 2006, pp. and Boneyard Bog Springs. springsnail across its entire range, In general, springsnails are vulnerable 136, 419). This plan helps guide AGFD because the springsnail has been locally and other agencies in determining what to predation by a variety of fish, extirpated from concrete-boxed amphibians, reptiles, mammals, and biotic resources should receive priority springheads after the nonnative crayfish management consideration, but this macroinvertebrates (Dillon 2000, p. 273; invaded. Raisanen 1991, p. 71). Nonnative plan is not legally binding on any crayfish are known predators of aquatic D. The Inadequacy of Existing agency. snails (Fernandez and Rosen 1996, Regulatory Mechanisms In summary, current regulatory pp. 24–25; Parkyn et al. 1997, p. 690), The primary causes of the Three Forks mechanisms are inadequate to protect and are relatively recent invaders of springsnail’s decline are soil erosion Three Forks springsnail habitat from Three Forks springsnail habitats. In a following high-intensity wildfire, modification or destruction due to the laboratory aquaria experiment that application of aerial fire retardant, and threats of accidental application of mimicked stream conditions found at predation by nonnative crayfish. aerial fire retardant. The USFS and State Three Forks Springs, crayfish consumed Existing Federal, State, and local laws regulatory mechanisms are adequate to snails and their eggs in the family have been unable to prevent loss of control scientific collecting, but this Physidae (which occupy similar habitats habitat or populations, and the existing does not appear to be a threat to the as springsnails) within 1 week of regulatory mechanisms are not expected species. introduction (Fernandez and Rosen to prevent causes of Three Forks E. Other Natural or Manmade Factors 1996, pp. 24–25). springsnail decline in the future. Affecting Its Continued Existence Prior to total extirpation at Three The policy for delivery of wildland Forks Springs, Three Forks springsnails fire chemicals near waterways on USFS Invasive Competitors were no longer being found in concrete- lands is described in the Interagency The nonnative New Zealand mudsnail boxed springheads where they had Standards for Fire and Fire Aviation (Potamopyrgus antipodarum) is an previously been observed in abundance Operations, developed by the National invasive freshwater snail of the family (Myers 2000, p. 1; Martinez and Myers Interagency Fire Center (NIFC; NIFC Hydrobiidae that has become a concern 2008, p. 191). The localized extirpation 2011). The policy directs the USFS to for spring-dependent aquatic snails, of the species from concrete-boxed avoid aerial application of wildland fire including springsnails. The mudsnail is springheads coincided with an invasion chemicals within 300 ft (91 m) of known to compete with and slow the by nonnative crayfish. Because Arizona waterways, and avoid any ground growth of native freshwater snails,

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including springsnails (Lysne and Climate Change and Drought predicted a shift to increasing aridity Koetsier 2008, pp. 103, 105; Lysne et al. Our analyses under the Act include (dryness) in the southwestern United 2007, p. 6). There is potential for consideration of ongoing and projected States as early as 2021–2040 (Seager et mudsnail invasion into spring changes in climate. The terms ‘‘climate’’ al. 2007, p. 1181). Wetlands in the ecosystems, because the mudsnail can and ‘‘climate change’’ are defined by the southwestern United States and be easily transported and Intergovernmental Panel on Climate northern Mexico are predicted to be at unintentionally introduced into aquatic Change (IPCC). ‘‘Climate’’ refers to the risk of drying (Seager et al. 2007, pp. environments via birds, hikers, mean and variability of different types 1183–1184), which has severe researchers, and resource managers. of weather conditions over time, with 30 implications for aquatic ecosystems. The current, multiyear drought in the years being a typical period for such The mudsnail was first discovered in southwestern United States is the most measurements, although shorter or the United States in the Snake River, severe drought recorded since 1900 longer periods also may be used (IPCC Idaho, in 1987, and has since spread to (Overpeck and Udall 2010, p. 1642). 2007, p. 78). The term ‘‘climate change’’ the Colorado River basin in the western Numerous models predict a decrease in thus refers to a change in the mean or United States (U.S. Geological Survey annual precipitation in the 2002, p. 1). Mudsnails were discovered variability of one or more measures of southwestern United States and in Utah in 2001, and since have climate (e.g., temperature or northern Mexico. Solomon et al. (2009, dispersed rapidly through that State precipitation) that persists for an p. 1707) predicted precipitation in the (Vinson 2004, p. 9). Since 2002, New extended period, typically decades or southwestern United States and Zealand mudsnails have been detected longer, whether the change is due to northern Mexico will decrease by 9 to in Arizona along the Colorado River at natural variability, human activity, or 12 percent. Christensen et al. (2007, p. Lees Ferry, Diamond Creek, Lake Mead, both (IPCC 2007, p. 78). Various types 888) contend the projection of smaller and Willow Beach Fish Hatchery (AGFD of changes in climate can have direct or warming over the Pacific Ocean than 2002, p. 1, Olson 2008, pp. 1–2, indirect effects on species. These effects over the continent is likely to induce a Montana State University 2008, p. 1, may be positive, neutral, or negative and decrease in annual precipitation in the they may change over time, depending Sorensen 2010, p. 3). southwestern United States and on the species and other relevant The mudsnail has characteristics that northern Mexico. considerations, such as the effects of Maximum summer temperatures in enable it to out-compete and replace interactions of climate with other the southwestern United States are native springsnails. Mudsnails tolerate a variables (e.g., habitat fragmentation) expected to increase over time in wide range of habitats, and can reach (IPCC 2007, pp. 8–14, 18–19). In our response to changes in the climate densities exceeding tens of thousands analyses, we use our expert judgment to system (Christensen et al. 2007, p. 887). per square meter, particularly in weigh relevant information, including Weiss and Overpeck (2005, p. 2075) systems with high primary productivity uncertainty, in our consideration of examined low-temperature data over a (system with organisms that create various aspects of climate change. 40-year timeframe from numerous organic molecules that serve as food for The Intergovernmental Panel on weather stations in the Sonoran desert other organisms), constant temperatures, Climate Change (IPCC 2007, p. 7) ecoregion and found: (1) Widespread and constant flow (typical of spring summarized the likelihood of future warming trends in winter and spring, (2) systems), though faster moving water trends in global climatic variables over decreased frequency of freezing seems to limit colonization (Richards et most land areas, predicting: (1) Warmer temperatures, (3) lengthening of the al. 2001, pp. 378–379). Mudsnails can and fewer cold days and nights, (2) freeze-free season, and (4) increased dominate the invertebrate composition warmer and more frequent hot days and minimum temperatures per winter year. of an aquatic system, accounting for up nights, (3) more frequent warm spells Additionally, the timing of precipitation to 97 percent of invertebrate biomass and heat waves or both, (4) changes in may be altered, contributing to (Hall et al. 2003, p. 409). In doing so, precipitation patterns favoring an significant changes in vegetation they can consume nearly all increased frequency of heavy communities. The IPCC (2007, p. 20) microorganisms attached to submerged precipitation events, and (5) an increase found that winter precipitation in the substrates, making food no longer in area affected by drought. These global southwestern United States is predicted available for native species, such as climate changes are expected to to decline by as much as 20 percent as springsnails (Hall et al. 2003, p. 409). influence climatic patterns at regional a result of climate change, while and local scales. summer precipitation may increase Invasion by mudsnails is not a current At a regional scale, there is broad slightly. threat to the Three Forks springsnail. consensus among climate models that Arid environments can be especially However, the New Zealand mudsnail is the southwestern United States and sensitive to climate change, because the spreading throughout the State of northern Mexico will become drier in biota that inhabit these areas are often Arizona. If they were to be introduced the twenty-first century and that the near their physiological tolerances for into the spring systems harboring the trend is already underway (Seager et al. temperature and water stress. Slight Three Forks springsnail, the effect could 2007). Seager et al. (2007, pp. 1181– changes in temperature and rainfall, be devastating. Additionally, control 1184) analyzed 19 computer models of along with increases in the magnitude would be difficult because mudsnails different variables to estimate the future and frequency of extreme climatic are small and cryptic, and chemical climatology of the southwestern United events, can significantly alter species treatment to eradicate them would also States and northern Mexico in response distributions and abundance (Archer eradicate springsnails. Because the New to predictions of changing climatic and Predick 2008, p. 23). Nonnative Zealand mudsnail can out-compete and patterns. All but 1 of the 19 models plant species may respond positively, replace native springsnails, we consider predicted a drying trend, while 1 out-competing native vegetation (Smith this nonnative competitor to be a predicted a trend toward a wetter et al. 2000, p. 79; Lioubimsteva and potential threat to the Three Forks climate (Seager et al. 2007, p. 1181). A Adams 2004, p. 401), thereby increasing springsnail’s continued existence in the total of 49 projections were created the risk of wildfire. Seasonal changes in foreseeable future. using the 19 models, and all but 3 rainfall may contribute to the spread of

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invasive species, which are often spring habitats in the southwestern species within the foreseeable future capable of explosive growth, and able to United States. Increased and prolonged throughout all or a significant portion of out-compete native species (Barrows et drought associated with changing its range.’’ We find that the Three Forks al. 2009, p. 673). climatic patterns could adversely affect springsnail is presently in danger of There are three hydrologic predictions spring habitats by reducing water extinction throughout its entire range, for anticipated effects from climate availability, and altering food based on the immediacy, severity, and change in the southwestern United availability and predation rates. Drying extent of the threats described above. States. First, climate change is expected of spring flow is of particular concern We have carefully assessed the best to shorten periods of snowpack because springsnails depend on scientific and commercial information accumulation, as well as lessen permanent flowing water for survival. available regarding the past, present, snowpack levels. With gradually At this time we have no specific and future threats to the species, and increasing temperatures and reduced information indicating that any springs have determined that the Three Forks snowpack (due to higher spring occupied, or formerly occupied, by the springsnail meets the definition of temperatures and reduced winter-spring Three Forks springsnail have endangered under the Act, rather than a precipitation), annual runoff will be experienced a decline in water flow due threatened species, because significant reduced (Garfin 2005, p. 42; Smith et al. to climate change or drought. However, threats are occurring now and in the 2003, p. 226), consequently reducing the best available information indicates foreseeable future, at a high magnitude, groundwater recharge. Second, that climate change and drought may be and across the species’ entire range, snowmelt is expected to occur earlier in a factor in the foreseeable future that making the species in danger of the calendar year, because increased could adversely alter the Three Forks extinction at the present time. minimum winter and spring springsnail’s habitat. Therefore, the Based on the best scientific and temperatures could melt snowpacks potential impacts from climate change commercial information available sooner, causing peak water flows to and drought could affect the Three regarding the threats to the species, we occur much sooner than the historical Forks springsnail’s continued existence have found that some serious threats are spring and summer peak flows (Garfin in the future. occurring now, while some will 2005, p. 41; Smith et al. 2003, p. 226; negatively impact the species in the Stewart et al. 2004, pp. 217–218, 224, Endemism foreseeable future. For instance, the 230), and reducing flows later in the Endemic species (organisms with high-intensity 2011 Willow Fire that season. Third, the hydrologic cycle is narrowly distributed isolated burned around the only remaining expected to become more dynamic on populations) are often more susceptible populations of the Three Forks average with climate models predicting to extinction from localized, springsnail has caused the habitat of the increases in the variability and intensity catastrophic events. Biological and species to be currently threatened with of rainfall events. This will modify ecological factors that put a species at destruction, modification, and disturbance regimes by changing the risk of extinction include specialized curtailment due to soil erosion and magnitude and frequency of floods. habitat preference, restricted sedimentation during storm events. Warmer water temperatures, altered distribution, poor dispersal ability, Also, we have found that predation by stream flow events and groundwater population size, fragmentation of range, nonnative crayfish is currently recharge, and increased demand for and life history specialization threatening the Three Forks springsnail water storage and conveyance systems (McKinney 1997, p. 497; O’Grady et al. across its entire range. In addition to the (Rahel and Olden 2008, pp. 521–522) 2004, p. 514). The Three Forks current threats, the Three Forks may alter spring habitats by altering springsnail is a highly endemic species. springsnail is also at a high risk of surface water flow and ground water It occurs only within two spring extinction due to threats that could supply. complexes with a very restricted affect the species in the foreseeable In addition, increases in riverine distribution, has limited mobility, and is future, such as the use of fire retardant system temperatures in drier climates a strict aquatic specialist requiring chemicals during future wildfires, the will result in periods of prolonged low spring systems to complete its life potential spread and competition with flows and stream drying (Rahel and history function. Endemism is not a New Zealand springsnails, and the Olden 2008, p. 526), and will increase threat in and of itself, but the Three potential for climate change and demand for water storage and Forks springsnail’s endemic nature may drought to dry its springhead habitat. conveyance systems (Rahel and Olden make them more vulnerable to Due to its endemic nature, the Three 2008, pp. 521–522). Warmer water extinction from other existing or Forks springsnail may be more temperatures across temperate regions potential threats. The remaining vulnerable to extinction from both are predicted to expand the distribution populations of Three Forks springsnail present and future threats. of existing aquatic nonnative species. In are less than 1 mi (1.6 km) apart, and Under the Act and our implementing a study that compared the thermal their total overall range is regulations, a species may warrant tolerances of 57 fish species with approximately 11.1 ac (4.5 ha) in size. listing if it is endangered or threatened predictions made from climate change Because their range is so small, one throughout all or a significant portion of temperature models, Mohseni et al. catastrophic event, such as a high- its range. We find that the threats to the (2003, p. 389) concluded that there intensity wildfire, could potentially Three Forks springsnail occur at would be 31 percent more suitable result in the entire loss of the species. relatively high magnitudes throughout habitat for aquatic nonnative species, its entire range. Historically, the Three which are often tropical in origin and Listing Determination for the Three Forks springsnail is known to have adaptable to warmer water Forks Springsnail occurred in numerous springs and seeps temperatures. This could result in an Section 3 of the Act defines an along Boneyard Creek and its expansion in the ranges of nonnative endangered species as any species that confluence with the North Fork East aquatic species to the detriment of is ‘‘in danger of extinction throughout Fork Black River in the White native species. all or a significant portion of its range’’ Mountains on the Apache-Sitgreaves Climate change and drought could and a threatened species as any species National Forests, in Apache County, eventually exacerbate existing threats to that ‘‘is likely to become an endangered Arizona. In recent years, the species’

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range has been reduced to the point that the springsnail occurs may be protected Controlled Burning it has only been found at two spring from buffelgrass invasion. However, Varela Romero and Myers (2010, pp. complexes. These two remaining sites climatic warming trends (see Climate 7, 10) indicate that the Los Ojitos are restricted to less than 1 mi (1.6 km) Change discussion, below) may cie´nega in Sonora, Mexico, has been along Boneyard Creek. Because the facilitate future invasion by buffelgrass, exposed to fire intentionally set to species is so limited in range, the increasing the potential for high- control cattails (Typha sp.). They noted magnitude of threats that are occurring intensity wildfire around spring sites ash and loss of water flow post-fire, and now are high, and those that may occupied by San Bernardino could not locate springsnails in an area impact the species in the foreseeable springsnail. At this time, the best where springsnails had occurred a few future are high as well. For example, available information indicates that months prior (Varela Romero and one catastrophic event, such as a high- wildfire is not a current threat to the Myers, 2010, p. 7). As noted above, fire- intensity wildfire, could potentially species. We have no information induced changes in spring habitats can result in the entire loss of the species. relating to actual impacts of wildfire on result in lower springsnail densities Accordingly, our assessment and the San Bernardino springsnail or its post-fire (Lang 2002, pp. 5–7; NMDGF determination applies to the species habitat. 2006, p. 9). Although the available throughout its entire range. In If a wildfire were to occur in the information is unclear regarding the conclusion, based on the immediacy, greater San Bernardino Basin, Arizona, relationship between fire at Los Ojitos severity, and extent of the threats, we we suspect suppression efforts in the and springsnail population viability, it have determined that the Three Forks United States could include the appears that a controlled burn may have springsnail meets the definition of application of fire retardant chemicals contributed to a decrease in springsnail endangered under the Act. via aircraft, because this is one of the abundance. It is premature to conclude Summary of Factors Affecting the San methods typically used to fight wildfires that the species has been extirpated Bernardino Springsnail in this region. Should San Bernardino from Los Ojitos, considering that survey springsnails be exposed to fire A. The Present or Threatened efforts have been limited and the genus retardants, we would expect them to appears to exhibit some resiliency to Destruction, Modification, or react negatively, for the same reasons Curtailment of its Habitat or Range fire. Controlled burns are probably low- discussed under Factor A of the Three intensity wetland fires that do not Wildfire and Suppression Forks springsnail, above. Wind drift of exhibit the same effects as very hot, Wildfires are common in southern fire retardant has been noted in an high-intensity, stand-replacing fires. Arizona along the border with Mexico unconfirmed report up to five miles Also, it is not clear if controlled burning (U.S. Government Accountability Office from a drop site. So if there were a fire is a regular management tool employed 2011, pp. 9–12), though we have limited in the San Bernardino Valley, and the by the landowner that we can information on wildfire frequency or U.S. used retardant tankers, drift of the reasonably anticipate will reoccur with intensity in the San Bernardino or Cajo´n chemicals might reach San Bernardino any frequency. However, controlled Bonito Basins where the San Bernardino springsnail sites in Mexico, although we burning does seem likely to reoccur, springsnail occurs. Even so, nonnative have no confirmation of this occurring. considering that management of cattails buffelgrass (Pennisetum ciliare [= Further, we have no information with fire requires regular treatment. Cenchrus ciliare]) is a concern, because indicating that aerial fire retardants Although controlled burning likely of its potential to occur in this area and have been used in the area around the impacts the species, we are unable to its ecological effects related to wildfire. two spring sites at the John Slaughter determine the long-term impacts on the Since its introduction in the 1940s, Ranch Museum. We anticipate the San Bernardino springsnail or its buffelgrass has become widespread in probability of exposure to fire retardant habitat. We do not have any additional southeastern Arizona and northeastern to be low, because the two spring sites information on controlled burning at Sonora, Mexico (Stevens and Falk 2009, are surrounded by a substantial area of any other locality where San Bernardino p. 417; Van Devender and Reina 2005, well-tended lawn turf, and this area is springsnail occurs. p. 161; Cohn 2005, pp. 1–2, Yetman unlikely to burn. Should there be a fire Ungulates 1994, pp. 1, 8). The introduction of this near the John Slaughter Ranch Museum, invasive species is known to result in we expect that conventional fire-fighting The general effects of ungulate grazing the addition of fire as an ecological techniques, utilizing fire engines and on springsnails and their habitats are process in the normally fire-intolerant ground-based suppression activities, discussed under Factor A for the Three Sonoran desert ecosystems, changing would most likely be employed in Forks springsnail. As previously noted, the natural fire regime from infrequent, fighting any fires near the two springs. high-intensity ungulate grazing at spring low-intensity, localized fires, to Further, concerning the populations of ecosystems can alter or remove frequent, high-intensity, spreading fires San Bernardino springsnails recently springsnail habitat and limit the (Van Devender and Reina 2005, p. 161; discovered in Sonora, Mexico, we distribution of springsnails, or result in Stevens and Falk 2009, p. 418; Yetman expect that similar on-the-ground fire- their extirpation (Arritt 1998, p. 10; 1994, pp. 8–9). fighting techniques would be employed, Bruce and White 1998, pp. 3–4; NMDGF Buffelgrass has been documented up as opposed to the application of fire 2006, p. 13). For the San Bernardino to 4,150 ft (1,265 m) in elevation retardant chemical from aircraft. springsnail, we do not consider (Arizona Sonora Desert Musuem 2012, However, there is a possibility that ungulate grazing to be a threat. Cattle p. 2), but because it is frost-intolerant, wildfire may occur in the San grazing does not currently occur on the it is usually limited to elevations less Bernardino Basin at some point in the San Bernardino NWR. A small number than 3,300 ft (1,000 m) (Perramond future, and fire retardant exposure could of cattle graze on the John Slaughter 2000, p. 5). All the sites where the San happen. As such, exposure to fire Ranch Museum, but they do not have Bernardino springsnail is found in both retardant chemicals, especially exposure access to spring sites. Horse Spring is the United States and Mexico are near resulting from wind drift, could located in a horse pen (Martinez 2010, or above 3,806 ft (1,160 m) in elevation, represent a threat to the species in the p. 2), but it is unclear what effect, if any, suggesting that most spring sites where future. the horses have on the spring. Low-

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intensity cattle grazing does occur on Because springsnails seem to prefer p. 1) and Cox (2007, p. 1) both reported the private ranches in Mexico, but the flowing, rather than pooled water, it is a visible decline in flow from Snail cows are removed from areas if they possible that impoundments have Spring and Tule Spring when this start impacting an area (Cuenca Los Ojos affected the species at these sites. irrigation system was running. This 2012, p. 1; Bodner 2005, p. 6). The San Springhead inundation appears to be a indicates that House Pond is Bernardino Valley historically threat that has altered the San hydrologically connected to Snail supported extensive cattle ranching Bernardino springsnail’s habitat in the Spring and Tule Spring. However, we (Hendrickson and Minckley 1984, pp. past, but at this time we do not consider have no hydrologic data verifying that 142–144; Service 2007, pp. iii–iv), and this threat to be ongoing. However, this is the case. Regardless, Snail Spring livestock likely had access to all spring because of its ability to alter the no longer discharges flowing water from habitats within the Rio San Bernardino springsnail’s preferred habitat in such a the springhead, and the San Bernardino watershed at that time. At this time, we way that could affect the species springsnail is now extirpated from that do not consider ungulate grazing to be continued existence, springhead site (Martinez 2010, p. 1; Varela Romero a threat to the San Bernardino inundation could be a threat to the San and Myers 2010, p. 2). springsnail, because there is no Bernardino springsnail in the The cessation of water flow at Snail information that the limited exposure of foreseeable future. Spring dates back to 2002. Following cattle grazing within the springsnail’s several years of below-average Water Depletion and Diversion range is affecting the species’ continued precipitation, Arizona faced extreme existence. Spring ecosystems rely on water drought during 2002, which was the discharged at the surface from driest year on record for many parts of Springhead Inundation underground aquifers, and depletion of the State (McPhee et al. 2004, p. 1). At Springhead inundation refers to the underground aquifers can result in that time, the San Bernardino NWR staff pooling of water over a spring vent, the drying of springs. The drying of and the John Slaughter Ranch Museum resulting in ponded water (sometimes springs can be severe for springsnails, manager tapped into the domestic water relatively deep) that would otherwise because they are strictly aquatic supply from House Spring to try to exist as shallow, free-flowing water. As organisms. Groundwater depletion has maintain the springsnail’s habitat at previously noted, the San Bernardino been recognized as a threat to the Snail Spring (Smith 2003, p. 1; Malcom springsnail is mainly found near spring continued existence of other biota 2003, p. 18; Malcom 2007, p. 1). Use of vents and in association with shallow occurring in the Rio San Bernardino and this domestic water supply for water, but high velocity. Inundation can associated springs, such as the Yaqui maintaining springsnail habitat was alter springsnail habitats by causing fishes (49 FR 34490, August 31, 1984; intended as an emergency measure only, shifts in water depth, velocity, substrate Service 1994, p. 17). Several and ultimately could not be sustained. composition, vegetation, and water populations of San Bernardino Since 2002, surface flows at Snail chemistry. These changes in springhead springsnail are believed to have been Spring were periodically augmented by habitat can cause reductions in the San extirpated as water was depleted and water diverted from House Pond. Bernardino springsnail’s distribution diverted for domestic water use (Landye Unfortunately, consistent water flow has and abundance. 1973, p. 34; Malcom et al. 2003, p. 2), not been maintained at Snail Spring Springhead inundation has affected though the springsnail’s actual since 2005, and the San Bernardino the San Bernardino springsnail’s habitat occurrence in these springs prior to springsnail has not been found at that on the John Slaughter Ranch Museum. desiccation was never verified by field site since then (Cox et al. 2007, p. 1; Cox et al. (2007, p. 1) speculated that surveys. Malcom 2007, p. 1; Service 2007, p. 83; the species previously occurred in the Two distinct aquifers exist in the San Martinez 2010, p. 1). springs now inundated by House Pond. Bernardino Valley basin, one deep and The Service has the right to control But, we have no evidence to confirm the other shallow (Earman et al. 2003, the use of water on the John Slaughter that they actually occurred in these p. 35). These aquifers exhibit different Ranch Museum, through a warranty springs, nor do we have information chemical and thermal properties. Many deed that reserves water rights to The that they currently exist in the pond. As of the springs in the area are influenced Nature Conservancy (TNC 1982, pp. 1– such, we cannot verify that inundation by both the deep and the shallow 20). The Nature Conservancy deeded the has affected the species there. However, aquifers (Earman et al. 2003, p. 166; water rights on the John Slaughter because the San Bernardino springsnail Malcom et al. 2005, pp. 75–76). House Ranch Museum to the Service, but also currently exists in Goat Tank and Horse Spring, Snail Spring, and Goat Tank deeded ‘‘water use’’ rights to the John Springs, which both are within several Spring have different chemical Slaughter Ranch Museum itself, with a hundred feet (meters) of House Pond, it compositions from one another, as well stipulation that the ranch use should is reasonable to assume that the San as from other springs in the area not adversely affect wildlife. Therefore, Bernardino springsnail occurred in the (Earman et al. 2003, p. 166). A study the Service can withhold its consent for springs now inundated by House Pond. using radioactive isotopes to trace water planned water uses and other activities Thus, based on the altered habitat flow into the springs indicated that by the owner and managers of the John caused by inundation, it is reasonable to some springs appear to be fed by the Slaughter Ranch Museum if it assume that inundation does affect the deep aquifer, some by the shallow determines that such activities may species’ continued existence in such aquifer and groundwater, and others are have an adverse effect on the fish and areas. influenced by a mixing of the two water snail species occurring on the ranch. Springs in Sonora, Mexico, appear to sources (Earman et al. 2003, p. 166). However, such action appears have been impounded, including The John Slaughter Ranch Museum unnecessary at this time, as the San springs at Los Ojitos cie´nega and Ojo El has an irrigation system that relies on Bernardino NWR is proactively working Chorro (Varela Romero and Myers 2010, the shallow aquifer and surface water with the John Slaughter Ranch Museum pp. 6, 7, 10). But fortunately, from House Pond to provide water for to moderate use of irrigation water and springsnails have been found in spring- turf grass and a cattle pasture (Malcom to find an alternative water source to runs draining into impounded ponds et al. 2003, p. 18; Malcom 2007, p. 1; restore flow at Snail Spring. To offset and in the outflows at these sites. Cox et al. 2007, p. 2). Malcom (2007, the John Slaughter Ranch Museum’s

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domestic water supply from House Earman et al. 2008, p. 15; Hadley 2006, or its food base, because long-term Spring, the San Bernardino NWR is p. 13). Water depletion from future exposure is unlikely to occur in a working with the ranch to moderate use groundwater use could eventually natural spring setting, as flowing water of irrigation water and to find an contribute to the drying of springs should allow for dissipation. alternative water source to restore flow throughout the range of the San Accordingly, we do not consider the at Snail Spring. Two wells were drilled Bernardino springsnail, placing the proper use of the pesticide to threaten during December 2011 that are helping species at increased risk of extinction. the San Bernardino springsnail’s with restoration of flow at the spring. Pesticides continued existence. One well, a shallow well at the head of Snail Spring on the Slaughter Ranch, Pesticides, including glyphosate, the Sunlight Inhibition directly supplements Snail Spring to active ingredient in the herbicides Goat Tank Spring box is covered with ® ® provide year round habitat for the Roundup and Rodeo , have been a heavy metal lid that previously springsnail. A second (off-site) deep reportedly used adjacent to spring prevented significant sunlight well, located on San Bernardino NWR ecosystems on the John Slaughter Ranch penetration. The San Bernardino adjacent to Slaughter Ranch, will be Museum (Malcom et al. 2003, p. 17; springsnail formerly occurred in very used to augment the amount of water Service 2005, p. 6). Spring endemic low population numbers at Goat Tank available for domestic water needs at species are typically adapted to the Spring, but has exhibited an increase in Slaughter Ranch (Arizona Department of unique environmental conditions abundance following the modification Water Resources 2012, p. 1; Service provided by spring water and may be of this cover to allow sunlight to enter 2012, p. 1). Preliminary analysis quite sensitive to shifts in water quality the spring-box (Radke 2010, p. 1, indicates that water quality between the (Hershler 1998, p. 11), including those Service 2011, pp. 117–118). Although well and Snail Spring is similar (Service caused by contamination. this effort has successfully resulted in 2012, p. 1). In the proposed rule, we discussed an increase in the abundance of In 2010, loss of water flow was noted results presented by Tate et al. (1997, springsnails, a large portion of the and reported for the Los Ojitos cie´nega pp. 287–288) indicating that long-term spring-box is still covered. The lack of in Sonora (Varela Romero and Myers exposure to glyphosate in a laboratory direct sunlight into the aquatic 2010, p. 7). The factors contributing to affected growth and development, egg- environment likely inhibits primary the loss of flow at that site are unknown, laying capacity, and hatching of the production resulting in reduced and may include manipulation of water mimic lymnaea (Pseudosuccinea availability of periphytic diatoms and control devices by land managers or columella), an unrelated freshwater algae, key habitat elements required by extended drought conditions. We do not snail. As such, we were concerned that the San Bernardino springsnail. Radke know if this loss of flow at Los Ojitos sublethal, as well as lethal, effects from (2010, p. 1) noted that the side of the is temporary or permanent. At another the use of glyphosate or other pesticides spring-box, where the modified lid site occupied by the San Bernardino used on the John Slaughter Ranch allows more light to enter, had a larger springsnail, Varela Romero and Myers Museum may be affecting the San number of snails than the dark side of (2010, p. 10) noted water flow Bernardino springsnail. However, upon the spring-box. Although we do not further evaluation, we found that, for interruption at Ojo El Chorro and believe this situation will result in the freshwater mollusks, the aquatic recommended monitoring of loss of the springsnail population at formulation of glyphosate (Rodeo®) has groundwater pumping and water Goat Tank Spring, the continued an ecotoxicity rating of Class 0 diversions to determine if these were maintenance of this lid likely prevents (practically nontoxic), while the causing flow water loss. The water flow the population from realizing its full nonaquatic formulation (Roundup®) has interruption at Ojo El Chorro must not potential productivity. a rating of Class 1 (slightly-to- be severe, because Varela Romero and Summary of Factor A: We have moderately toxic) (White 2007, pp. 158, Myers (2010, p. 10) reported a identified a number of impacts to the 198). Although glyphosate can be functioning spring system at that site. San Bernardino springsnail’s habitat, slightly-to-moderately toxic to aquatic Water harvesting efforts (construction of which have operated in the past or that organisms, particularly zooplankton structures that capture stormwater could impact the species in the (Montenegro-Rayo 2004, p. 34), and runoff) are ongoing on the Austin Ranch foreseeable future. On the basis of this impacts including mortality have been in the San Bernardino watershed in analysis, the potential use of fire documented in other snail species, Tate Mexico (Cuenca de Los Ojos 2012, retardant chemicals to fight wildfires, et al. (1997, pp. 287–288) found that entire). However, water depletion is still springhead inundation, and water glyphosate stimulates growth and a threat to spring ecosystems throughout depletion and diversion could result in development of snails at different the watershed (Earman et al. 2003, p. destruction, modification, or concentrations. Normal use of 259; Earman et al. 2008, p. 15; Hadley curtailment of the San Bernardino glyphosate is not expected to 2006, p. 13; Varela-Romero and Myers springsnail’s habitat throughout all of its detrimentally affect aquatic biota. 2010, p. 10). range in the foreseeable future. We have no information indicating In the proposed rule, we also that other springs in the San Bernardino presented our concern that the pesticide B. Overutilization for Commercial, or Cajo´n Bonito Basins where the San may contaminate the food base for the Recreational, Scientific, or Educational Bernardino springsnail occurs have springsnail. Upon further review, we experienced water loss or reduced water find contamination of the food base to Purposes flow. However, the San Bernardino be unlikely. Glyphosate adsorbs strongly Like the Three Forks springnsail, the ground water table is a desirable to sediments and soils, and would not San Bernardino springsnail has been domestic water source, particularly in be expected to leach to surface waters at subjected to a limited number of Mexico, and ground water use could high levels through surface runoff scientific studies aimed at determining eventually have severe negative (USEPA 2008, pp. 8, 25). Although taxonomy, distribution, and habitat use. consequences on the viability of springs direct exposure from spray drift is a The impacts to springsnails from and wetlands in the San Bernardino possibility, we do not anticipate adverse collection are described under Factor B watershed (Earman et al. 2003, p. 259; effects to the San Bernardino springsnail for the Three Forks springsnail. At this

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time, there is no documentation of taking of individuals, it does not Climate Change and Drought collection being a significant threat to prohibit habitat modification. The The same potential effects of climate the San Bernardino springsnail. species is also identified as a priority change described under Factor E for the In summary, the best available species in the State Wildlife Action Plan Three Forks springsnail apply to the San information indicates that the San prepared by AGFD. This plan helps Bernardino springsnail. Loss of water Bernardino springsnail is not threatened guide AGFD and other agencies in flow has already manifested itself by overutilization for commercial, determining what biotic resources within the range of the San Bernardino recreational, scientific, or educational should receive priority management springsnail, coinciding with extreme purposes now, and we do not have any consideration. However, this plan is not drought in the case of Snail Spring. information to indicate that this will legally binding on any agency. Continued drying related to drought likely become a significant threat in the foreseeable future in any portion of its In Mexico, the Secretaria de Medio will likely exacerbate potential drying of range. Ambiente y Recursos Naturales has springs and may lead to population authority to designate species as declines and localized extirpations. In C. Disease or Predation threatened, or ‘‘Amenzadas,’’ based on addition to loss of water flow, continued We have no information regarding recommendations from the Instituto drying trends could exacerbate the parasites on the San Bernardino Nacional de Ecologı´a. Based on the best terrestrial spread of buffelgrass, making springsnail. Also, we are unaware of the available information, the San San Bernardino springsnail habitats presence of nonnative predators within Bernardino springsnail does not have vulnerable to wildfires in the future. As springs occupied by the San Bernardino special status in Mexico that would such, we find that climate change and drought could threaten the San springsnail. Field surveys have not protect it from water depletion and Bernardino springsnail in the future detected the presence of nonnative diversion, controlled burning, or throughout its entire range. crayfish within springs occupied by the springhead inundation. Varela Romero San Bernardino springsnail, nor or we and Myers (2010, p. 10) reported that Endemism aware of any information indicating that these springsnails are not protected in crayfish have or will potentially invade The increased vulnerability posed by Mexico, except that Mexican Federal the watersheds where the springsnail endemism as described under Factor E permits are required to intentionally occurs. Additionally, current for the Three Forks springsnail applies management activities are conducted on collect specimens for scientific study. to the San Bernardino springsnail. the private, State, and Federal lands to In summary, the primary factors likely Basically, the San Bernardino prevent the spread of nonnative species. to affect the San Bernardino springsnail has suffered reductions in Therefore, we do not consider disease or springsnail’s continued existence overall distribution and abundance, as predation to be threats to the San include the fire retardant chemicals, evidenced at Snail Spring and Los Bernardino springsnail, now or in the springhead inundation, and water Ojitos. We consider the San Bernardino future. depletion and diversion. Based on our springsnail to be an endemic species, analysis of the best available because it only occurs at two sites in the D. The Inadequacy of Existing United States and five sites in Mexico. Regulatory Mechanisms information, current regulatory mechanisms are inadequate to protect Also, their populations are very In the proposed rule, we found the restricted in distribution, have limited ® the San Bernardino springsnail’s habitat label restriction on Rodeo (glyphosate) from these threats in the United States mobility, and are strictly aquatic inadequate to protect the San and Mexico. specialists of spring ecosystems. Bernardino springsnail, because it does Endemism is not a threat to the species not restrict use within and near aquatic E. Other Natural or Manmade Factors in and of itself, but the San Bernardino sites (DowAgroSciences 2006, p. 11). Affecting Its Continued Existence springsnail’s endemic nature may make However, the low toxicity rating (as them more vulnerable to extinction from noted above in the Factor A discussion), Invasive Competitors other potential threats in the future. and the fact that Rodeo® is an aquatic The potential threat to springsnails Listing Determination for the San formulation, explains the lack of from New Zealand mudsnails is Bernardino Springsnail restrictions near aquatic sites. As such, described under Factor E for the Three Section 3 of the Act defines an we find the label restriction is adequate Forks springsnail. Although invasion by to protect the springsnail. Even so, endangered species as any species that New Zealand mudsnails is not Rodeo® still has the potential to is ‘‘in danger of extinction throughout considered an immediate threat, they negatively impact the springsnail if all or a significant portion of its range’’ are spreading into Arizona from Utah. If misused, but we have no evidence that and a threatened species as any species New Zealand mudsnails were to be it is being misused or is impacting the that ‘‘is likely to become an endangered species. Although glyphosate is believed spread into the spring systems harboring species within the foreseeable future to be used on the John Slaughter Ranch the San Bernardino springsnail, the throughout all or a significant portion of Museum property, we have no reliable effect could be devastating. its range.’’ We find that the San information regarding user application Additionally, control would be difficult Bernardino springsnail is not presently practices that would lead us to believe because mudsnails are small and in danger of extinction throughout its this pesticide is a threat to the San cryptic, and chemical treatment to entire range, based on the immediacy, Bernardino springsnail. eradicate them would also eradicate severity, and extent of the threats Take of the San Bernardino springsnails. Because the New Zealand described above. However, we have springsnail is regulated by Arizona mudsnail can outcompete and replace carefully assessed the best scientific and Game and Fish Commission Order 42, native springsnails, we consider this commercial information available which establishes no open season (no nonnative competitor to be a potential regarding the past, present, and future collecting) for any snail species in the threat to the San Bernardino threats to the species, and have genus Pyrgulopsis (AGFD 2010, p. 29). springsnail’s continued existence in the determined that the San Bernardino Although Order 42 prohibits direct foreseeable future. springsnail meets the definition of

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threatened under the Act, rather than high enough magnitude that they are specific management actions that will endangered, because significant threats causing the species to be presently in achieve recovery of the species, are not operative now, but are likely to danger of extinction throughout all or a measurable criteria that determine when cause the species to become in danger significant portion of its range. a species may be downlisted or delisted, of extinction in the foreseeable future. Under the Act and our implementing and methods for monitoring recovery Thus the San Bernardino springsnail regulations, a species may warrant progress. Recovery plans also establish meets the definition of a threatened listing if it is endangered or threatened a framework for agencies to coordinate species, because it is likely to become throughout all or a significant portion of their recovery efforts and provide endangered within the foreseeable its range. The San Bernardino estimates of the cost of implementing future throughout all or a significant springsnail is an endemic species recovery tasks. Recovery teams portion of its range. occurring at two sites in the United (comprising species experts, Federal Based on the best scientific and States and five sites in Mexico. We find and State agencies, nongovernmental commercial information available that all threats to the San Bernardino organizations, and stakeholders) are regarding the threats to the species, we springsnail could potentially occur often established to develop recovery have found that threats do not rise to the throughout its entire range in the plans. When completed, the recovery level such that the San Bernardino foreseeable future. Accordingly, our outline, draft recovery plan, and the springsnail is in danger of extinction assessment and determination applies to final recovery plan will be available now. However, significant threats may the species throughout its entire range. from our Web site (http://www.fws.gov/ rise to a level in the foreseeable future Available Conservation Measures endangered), or from our Arizona that the species is likely to become an Ecological Services Field Office (see FOR endangered species throughout all or a Conservation measures provided to FURTHER INFORMATION CONTACT). significant portion of its range. The species listed as endangered or Implementation of recovery actions species’ habitat is likely to be threatened threatened under the Act include generally requires the participation of a in the foreseeable future with recognition, recovery actions, broad range of partners, including other destruction, modification, and requirements for Federal protection, and Federal agencies, States, curtailment in part of its range due to prohibitions against certain practices. nongovernmental organizations, the potential use of fire retardant Recognition through listing results in businesses, and private landowners. chemicals in the United States, and public awareness and conservation by Examples of recovery actions include throughout its entire range in both the Federal, State, Tribal, local agencies, habitat restoration (e.g., restoration of United States and Mexico due to private organizations, and individuals. native vegetation), research, captive potential springhead inundation, and The Act encourages cooperation with propagation and reintroduction, and water depletion and diversion. Also, we the States and requires that recovery outreach and education. The recovery of found that the San Bernardino actions be carried out for all listed many listed species cannot be springsnail is likely to become in danger species. The protection measures accomplished solely on Federal lands of extinction in the foreseeable future required of Federal agencies and the because their range may occur primarily throughout its entire range due to the prohibitions against certain activities or solely on non-Federal lands. To potential invasion and predation by are discussed, in part, below. achieve recovery of these species nonnative crayfish, invasion and The primary purpose of the Act is the requires cooperative conservation efforts competition with New Zealand conservation of endangered and on private and State lands. springsnails, and climate change and threatened species and the ecosystems Funding for recovery actions will be drought drying its springhead habitat. upon which they depend. The ultimate available from a variety of sources, Due to the species’ endemic nature, the goal of such conservation efforts is the including Federal budgets, State San Bernardino springsnail may be recovery of listed species, so that they programs, and cost share grants for more vulnerable to extinction in the no longer need the protective measures nonfederal landowners, the academic foreseeable future from these potential of the Act. Subsection 4(f) of the Act community, and nongovernmental threats throughout its entire range. requires the Service to develop and organizations. In addition, pursuant to Unlike the Three Forks springsnail, implement recovery plans for the section 6 of the Act, the State of Arizona there are more currently occupied sites conservation of endangered and would be eligible for Federal funds to with San Bernardino springsnail threatened species. The recovery implement management actions that populations, and the current severe planning process involves the promote the protection and recovery of threats of fire and crayfish predation identification of actions that are the Three Forks springsnail. Information identified for the Three Forks necessary to halt or reverse the species’ on our grant programs that are available springsnail are not currently operative decline by addressing the threats to its to aid species recovery can be found at: on the San Bernardino springsnail. The survival and recovery. The goal of this http://www.fws.gov/grants. site locations in the United States for process is to restore listed species to a Please let us know if you are the two species are separated by over point where they are secure, self- interested in participating in recovery 125 mi (200 km); the environmental sustaining, and functioning components efforts for the Three Forks springsnail conditions are different for the two of their ecosystems. and the San Bernardino springsnail. species (i.e. landscape setting), and the Recovery planning includes the Additionally, we invite you to submit threat type, magnitude, and immediacy development of a recovery outline any new information on these species are different for the two. Therefore, shortly after a species is listed, whenever it becomes available and any while the Three Forks springsnail meets preparation of a draft and final recovery information you may have for recovery the definition of an endangered species plan, and revisions to the plan as planning purposes (see FOR FURTHER under the Act, we have determined that significant new information becomes INFORMATION CONTACT). the San Bernardino springsnail meets available. The recovery outline guides Section 7(a) of the Act, as amended, the definition of threatened under the the immediate implementation of urgent requires Federal agencies to evaluate Act, rather than endangered, because recovery actions and describes the their actions with respect to any species significant threats are not immediately process to be used to develop a recovery that is proposed or listed as endangered affecting the species and are not at a plan. The recovery plan identifies site- or threatened and with respect to its

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critical habitat, if any is designated. Ranch Museum for incorporation into specimens at least 100 years old, as Regulations implementing this the San Bernardino NWR. This would defined by section 10(h)(1) of the Act; interagency cooperation provision of the provide tremendous opportunities to (2) Introduction of nonnative species Act are codified at 50 CFR part 402. protect, manage, and enhance springs that compete with or prey upon the Section 7(a)(1) requires Federal on the property. However, it is Three Forks springsnail and San agencies, in consultation with the uncertain if this transaction will occur. Bernardino springsnail, such as the Service, to carry out programs for the The Service is continuing to work with introduction of competing, nonnative conservation of listed species. Section AGFD and the John Slaughter Ranch species to the State of Arizona; 7(a)(4) requires Federal agencies to Museum to develop conservation (3) Unauthorized release of biological confer with the Service on any action actions for the San Bernardino control agents that attack any life stage that is likely to jeopardize the continued springsnail, including the development of this species; existence of a species proposed for of a domestic water well to augment (4) Unauthorized modification of the listing or result in destruction or surface water flow. springs or water flow of any stream or adverse modification of proposed The Act and its implementing removal or destruction of emergent critical habitat. If a species is regulations set forth a series of general aquatic vegetation in any body of water subsequently listed, section 7(a)(2) prohibitions and exceptions that apply in which the Three Forks springsnail or requires Federal agencies to ensure that to all endangered wildlife. The San Bernardino springsnail are known activities they authorize, fund, or carry prohibitions, codified at 50 CFR 17.21 to occur; and out are not likely to jeopardize the for endangered wildlife, in part, make it (5) Unauthorized discharge of continued existence of the species or illegal for any person subject to the chemicals or fill material into any destroy or adversely modify its critical jurisdiction of the United States to take waters in which the Three Forks habitat. If a Federal action may (includes harass, harm, pursue, hunt, springsnail or San Bernardino adversely affect a listed species or its shoot, wound, kill, trap, capture, or springsnail are known to occur. critical habitat, the responsible Federal collect; or to attempt any of these), Questions regarding whether specific agency must enter into formal import, export, ship in interstate activities would constitute a violation of consultation with the Service. commerce in the course of commercial section 9 of the Act should be directed For the Three Forks springsnail and activity, or sell or offer for sale in to the Arizona Ecological Services Field San Bernardino springsnail, Federal interstate or foreign commerce any Office (see FOR FURTHER INFORMATION agency actions that may require listed species. It is also illegal to CONTACT). consultation as described in the possess, sell, deliver, carry, transport, or Critical Habitat preceding paragraph include activities ship any such wildlife that has been approved under a forest management taken illegally. Certain exceptions apply Background plan, a refuge comprehensive to agents of the Service and State Critical habitat is defined in section 3 management plan, and activities that conservation agencies. require a permit from the Army Corps of the Act as: We may issue permits to carry out of Engineers pursuant to section 404 of (1) The specific areas within the otherwise prohibited activities the Clean Water Act. geographical area occupied by a species, The USFS has established a closure involving threatened or endangered at the time it is listed in accordance around Three Forks Springs to prevent wildlife species under certain with the Act, on which are found those unauthorized access. The AGFD has circumstances. Regulations governing physical or biological features implemented a crayfish trapping permits are codified at 50 CFR 17.22 for (a) Essential to the conservation of the program and a Three Forks springsnail endangered species. With regard to species and monitoring program. A captive refugium endangered wildlife, a permit must be (b) Which may require special for Three Forks springsnail has been issued for the following purposes: For management considerations or established at the Phoenix Zoo, in scientific purposes, to enhance the protection; and coordination with USFS and AGFD. We propagation or survival of the species, (2) Specific areas outside the intend to continue working with the and for incidental take in connection geographical area occupied by a species USFS, AGFD, the Phoenix Zoo, and a with otherwise lawful activities. at the time it is listed, upon a private landowner who owns property It is our policy, as published in the determination that such areas are near Boneyard Bog Springs to develop Federal Register on July 1, 1994 (59 FR essential for the conservation of the conservation actions for the Three Forks 34272), to identify to the maximum species. springsnail. extent practicable at the time a species Conservation, as defined under Efforts to rehabilitate habitat on the is listed, those activities that would or section 3 of the Act, means the use of San Bernardino NWR at Tule Spring would not constitute a violation of all methods and procedures that are were initiated (Service 2003, p. 2), with section 9 of the Act. The intent of this necessary to bring any endangered the intention of potentially introducing policy is to increase public awareness of species or threatened species to the San Bernardino springsnails. However, the effect of a proposed listing on point at which the measures provided the inconsistency of water flow proposed and ongoing activities within under the Act are no longer necessary. complicated the habitat reestablishment the range of species proposed for listing. Such methods and procedures include, effort. There was not enough free- The following activities could but are not limited to, all activities flowing water to support San potentially result in a violation of associated with scientific resources Bernardino springsnail reintroduction at section 9 of the Act; this list is not management such as research, census, Tule Spring. The San Bernardino NWR comprehensive: law enforcement, habitat acquisition is currently looking for opportunities to (1) Unauthorized collecting, handling, and maintenance, propagation, live augment the water supply to complete possessing, selling, delivering, carrying, trapping, and transplantation, and, in the habitat restoration efforts at Tule or transporting of the species, including the extraordinary case where population Spring and reintroduce springsnails. import or export across State lines and pressures within a given ecosystem Also, the Service is seeking to acquire, international boundaries, except for cannot be otherwise relieved, may through donation, the John Slaughter properly documented antique include regulated taking.

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Critical habitat receives protection are essential for the conservation of the requirement in section 7(a)(2) of the Act under section 7 of the Act through the species. For example, an area currently for Federal agencies to insure their requirement that Federal agencies occupied by the species, but that was actions are not likely to jeopardize the ensure, in consultation with the Service, not occupied at the time of listing, may continued existence of any endangered that any action they authorize, fund, or be essential to the conservation of the or threatened species, and (3) the carry out is not likely to result in the species and may be included in the prohibitions of section 9 of the Act if destruction or adverse modification of critical habitat designation. We actions occurring in these areas may critical habitat. The designation of designate critical habitat in areas affect the species. Federally funded or critical habitat does not affect land outside the geographical area occupied permitted projects affecting listed ownership or establish a refuge, by a species at its time of listing only species outside their designated critical wilderness, reserve, preserve, or other when a designation limited to its then habitat areas may still result in jeopardy conservation area. Such designation current range would be inadequate to findings in some cases. These does not allow the government or public ensure the conservation of the species. protections and conservation tools will to access private lands. Such Section 4 of the Act requires that we continue to contribute to recovery of designation does not require designate critical habitat on the basis of this species. Similarly, critical habitat implementation of restoration, recovery, the best scientific and commercial data designations made on the basis of the or enhancement measures by non- available. Further, our Policy on best available information at the time of Federal landowners. Where a landowner Information Standards Under the designation will not control the requests Federal agency funding or Endangered Species Act (published in direction and substance of future authorization for an action that may the Federal Register on July 1, 1994 (59 recovery plans, habitat conservation affect a listed species or critical habitat, FR 34271)), the Information Quality Act plans (HCPs), or other species the consultation requirements of section (section 515 of the Treasury and General conservation planning efforts if new 7(a)(2) of the Act would apply, but even Government Appropriations Act for information available at the time of in the event of a destruction or adverse Fiscal Year 2001 (Pub. L. 106–554; H.R. these planning efforts calls for a modification finding, the obligation of 5658)), and our associated Information different outcome. the Federal action agency and the Quality Guidelines, provide criteria, landowner is not to restore or recover establish procedures, and provide Physical or Biological Features the species, but to implement guidance to ensure that our decisions In accordance with section 3(5)(A)(i) reasonable and prudent alternatives to are based on the best scientific data and 4(b)(1)(A) of the Act and regulations avoid destruction or adverse available. They require our biologists, to at 50 CFR 424.12, in determining which modification of critical habitat. the extent consistent with the Act and areas within the geographical area Under the first prong of the Act’s with the use of the best scientific data occupied at the time of listing to definition of critical habitat, areas available, to use primary and original designate as critical habitat, we consider within the geographical area occupied sources of information as the basis for the physical or biological features by the species at the time it was listed recommendations to designate critical (PBFs) that are essential to the are included in a critical habitat habitat. conservation of the species, and which designation if they contain physical or When we are determining which areas may require special management biological features (1) which are should be designated as critical habitat, considerations or protection. These essential to the conservation of the our primary source of information is include, but are not limited to: species and (2) which may require generally the information developed (1) Space for individual and special management considerations or during the listing process for the population growth and for normal protection. For these areas, critical species. Additional information sources behavior; habitat designations identify, to the may include the recovery plan for the (2) Food, water, air, light, minerals, or extent known using the best scientific species, articles in peer-reviewed other nutritional or physiological and commercial data available, those journals, conservation plans developed requirements; physical or biological features that are by States and counties, scientific status (3) Cover or shelter; essential to the conservation of the surveys and studies, biological (4) Sites for breeding, reproduction, or species (such as space, food, cover, and assessments, other unpublished rearing (or development) of offspring; protected habitat). In identifying those materials, or experts’ opinions or and physical and biological features within personal knowledge. (5) Habitats that are protected from an area, we focus on the principal Habitat is dynamic, and species may disturbance or are representative of the biological or physical constituent move from one area to another over historical, geographical, and ecological elements (primary constituent elements, time. We recognize that critical habitat distributions of a species. such as roost sites, nesting grounds, designated at a particular point in time We derive the specific PBFs from seasonal wetlands, water quality, tide, may not include all of the habitat areas studies of the species’ habitats, ecology, soil type) that are essential to the that we may later determine are and life history as described below. We conservation of the species. Primary necessary for the recovery of the have determined that the Three Forks constituent elements are the specific species. For these reasons, a critical springsnail and San Bernardino elements of physical or biological habitat designation does not signal that springsnail require the following features that, together, provide for a habitat outside the designated area is physical or biological features: species’ life-history processes and are unimportant or may not be needed for Space for Individual and Population essential to the conservation of the recovery of the species. Areas that are species. important to the conservation of the Growth and Normal Behavior Under the second prong of the Act’s species, both inside and outside the The Three Forks and San Bernardino definition of critical habitat, we can critical habitat designation, will springsnails occur where water emerges designate critical habitat in areas continue to be subject to: from the ground as free-flowing springs outside the geographical area occupied (1) Conservation actions implemented and spring runs. Within spring by the species at the time it is listed, under section 7(a)(1) of the Act, (2) ecosystems, proximity to springheads is upon a determination that such areas regulatory protections afforded by the important due to their need for

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appropriate water chemistry, substrate, substrates with periphyton to be a Primary Constituent Elements for the and flow characteristics of springheads. physical or biological feature for both Three Forks and San Bernardino The Three Forks springsnail inhabits species. Springsnails free-flowing springs, concrete boxed Cover and Shelter Under the Act and its implementing springheads, spring runs, spring seeps, regulations, we are required to identify and shallow pond water. In the United Three Forks springsnail and San the physical or biological features States, the San Bernardino springsnail Bernardino springsnail utilize cobble, essential to the conservation of the inhabits free-flowing springs, a concrete gravel, sand, woody debris, aquatic Three Forks springsnail and San boxed springhead, and spring runs. vegetation, and leaf matter for cover and Bernardino springsnail in areas Therefore, based on the information occupied at the time of listing, focusing above, we identify free-flowing springs, shelter. These features are necessary to on the features’ primary constituent spring runs, spring seeps, and shallow provide some protection from predators elements. We consider primary pond water to be physical or biological and competitors. Therefore, we identify constituent elements to be the specific features for both species. cobble, gravel, sand, woody debris, aquatic vegetation, and leaf matter for elements of physical or biological Food, Water, Air, Light, or Other cover and shelter to be a physical or features that, together, provide for a Nutritional or Physiological biological feature for both species. species’ life-history processes and are Requirements essential to the conservation of the Martinez and Myers (2008, pp. 189– Sites for Breeding, Reproduction, and species. 194) found the presence of Three Forks Rearing and Development of Offspring Based on the above needs and our current knowledge of the life history, springsnail was associated with gravel Substrate characteristics can influence and pebble substrates, shallow water up biology, and ecology of these species the productivity of Three Forks and San and the habitat requirements for to 6 cm (2.35 in) deep, high Bernardino springsnails. Suitable conductivity, alkaline waters of pH 8, sustaining the essential life-history substrates are typically firm, and the presence of pond snail, Physa functions of these species, we have characterized by cobble, gravel, sand, gyrina. Three Forks springsnail density determined that the PCEs specific to the is significantly greater on gravel and woody debris, and aquatic vegetation Three Forks springsnail and San cobble substrates (Martinez and such as watercress, though this is Bernardino springsnail are: Rogowski 2011, p. 220; Martinez and influenced by water flow and depth. (1) Adequately clean spring water Myers 2002, p. 1), though the species Suitable substrates increase productivity (free from contamination) emerging has been reported as ‘‘abundant’’ in the by providing suitable egg laying sites, from the ground and flowing on the fine-grained mud of a 0.01 ha (0.02 ac) protection of young from predators, and surface; pond at Three Forks Springs (Taylor provision of food resources. Therefore, (2) Periphyton (attached algae), 1987, p. 32). Flowing water is essential based on the information above, we bacteria, and decaying organic material to provide for the species’ life-history identify substrates with cobble, gravel, for food; processes. pebble, sand, silt, and aquatic (3) Substrates that include cobble, The density of San Bernardino vegetation, for egg laying, maturing, gravel, pebble, sand, silt, and aquatic springsnails is positively associated feeding, and escape from predators to be vegetation, for egg laying, maturing, with cobble substrates, higher physical or biological features for both feeding, and escape from predators; and vegetation density, faster water velocity, species. (4) Either an absence of nonnative higher dissolved oxygen, water predators (crayfish) and competitors temperature of 57 to 72 °F (14 to 22 °C), Habitats That Are Protected From (snails) or their presence at low and pH values between 7.6 and 8.0 Disturbance or Are Representative of the population levels. (Malcom et al. 2005, pp. 71, 75–76). San Historical, Geographical, and Ecological Special Management Considerations or Bernardino springsnail densities are Distribution of the Species Protections higher in sand and cobble substrates, The Three Forks springsnail and the higher vegetation density, and higher When designating critical habitat, we San Bernardino springsnail have water velocity, but lower in silt and assess whether the specific areas within restricted geographic distributions. organic substrates, and deeper water the geographic area occupied by the Endemic species whose populations (Malcom et al. 2005, pp. 75–76). species at the time of listing contain exhibit a high degree of isolation are Flowing water is essential to provide for features that are essential to the the species’ life-history processes. extremely susceptible to extinction from conservation of the species and which Three Forks and San Bernardino both random and nonrandom may require special management springsnails consume periphyton on catastrophic natural or human-caused considerations or protections. The submerged surfaces. Periphyton is a events. Therefore, it is essential to features essential to the conservation of complex mixture of algae, detritus, maintain the spring systems upon the Three Forks springsnail and San bacteria, and other microbes that grow which the species’ depend. Adequate Bernardino springsnail may require attached to submerged surfaces such as spring sites, free of disturbance, must special management considerations or cobble or larger plants, such as exist to promote population expansion protections to reduce the following watercress. Periphyton are primary and viability. This means reasonable threats: Soil erosion following high- producers of energy (organisms at the protection from disturbance caused by intensity wildfires, exposure to fire beginning of a food chain that produce soil erosion following wildfires, retardant, springhead inundation, water biomass from inorganic compounds) exposure to fire retardant, water depletion and diversion, and the and can be sensitive indicators of depletion and diversion, springhead introduction of nonnative predators and environmental change in flowing inundation, and nonnative species. competitors. waters. Production of periphyton is Therefore, based on the information For these springsnails, special essential to provide forage to support above, we identify spring sites free of management considerations or physiological health. Therefore, based disturbance to be a physical or protection are needed both within and on the information above, we identify biological feature for both species. outside of critical habitat areas to

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address threats. Management activities areas to designate as critical habitat. currently unoccupied by the species, that could ameliorate threats include Three Forks and San Bernardino but considered to have been historically (but are not limited to) protecting springsnails require unpolluted spring occupied. We have determined that the against: (1) Wildfire and fire retardant water in springheads and spring runs; unoccupied unit, Three Forks Springs, used to fight wildfires, (2) predation by periphyton, bacteria, and decaying is essential for the conservation of the nonnative crayfish, (3) water depletion organic material for food; rock-derived species, because the geographic area and diversion, (4) potential competition substrates for egg-laying, maturing, occupied at the time of this final listing from nonnative New Zealand mudsnails feeding, and escape from predators; and rule is not sufficient for recovery. The or predation by nonnative crayfish, and absence or tolerable levels of nonnative currently occupied areas represent a (5) harm from livestock and other predators and competitors. The areas portion of the former range and are ungulates through fencing to protect designated as critical habitat for the vulnerable to a single catastrophic spring habitats from damage. Special Three Forks springsnail and the San event. When developing conservation management is also needed for the Bernardino springsnail contain these strategies for species whose life histories purposes of adaptive management, and PCEs that are essential to these life- are characterized by short generation includes continuing to conduct research history processes of the species. time, small body size, high rates of on the springsnails, and on critical Units were designated based on population increase, and high habitat aspects of their biology (for example, sufficient elements of physical or specificity, greater emphasis should be biological features being present to reproduction, sources of mortality, placed on the maintenance of multiple support the Three Forks springsnail’s sensitivity to contaminants, dispersal populations as opposed to protecting a and San Bernardino springsnail’s life- behavior, anti-predator behavior, etc.). single population (Murphy et al. 1990, history processes. Some units contain pp. 41–51). Criteria Used To Identify Critical all of the identified elements of physical Habitat or biological features and supported For the San Bernardino springsnail, As required by section 4(b)(1)(A) of multiple life processes. Some units we are designating critical habitat in the Act, we used the best scientific and contain only some elements of the two springs currently occupied and two commercial data available to designate physical or biological features necessary springs not currently occupied by the critical habitat. We reviewed available to support the Three Forks springsnail’s species. The unoccupied springs are information pertaining to the habitat and San Bernardino springsnail’s essential to the conservation of the requirements of the Three Forks particular use of that habitat. Each species, because the geographic area springsnail and San Bernardino specific area will be described below, that is currently occupied is not springsnail. In accordance with the Act including a discussion of why that area sufficient for recovery. Even though five and its implementing regulation at 50 meets the definition of critical habitat. additional sites have been recently CFR 424.12(e), we considered whether When determining critical habitat discovered in Sonora, Mexico, there are designating additional areas—outside boundaries within this final rule, we currently only two occupied units in the those currently occupied as well as made every effort to avoid including United States and all seven sites where those occupied at the time of listing— developed areas such as lands covered the species occurs are close enough in are necessary to ensure the conservation by buildings, pavement, and other they are vulnerable to a single of the species. We are designating structures because such lands lack catastrophic event. So, we are critical habitat in areas within the physical or biological features for the designating the unoccupied units of geographical area occupied by the Three Forks springsnail and San Snail and Tule Springs to increase species at the time of this final listing Bernardino springsnail. The scale of the species’ redundancy, resiliency, and rule. We also are designating specific maps we prepared under the parameters representation. (Resiliency of a species areas outside the geographical area for publication within the Code of allows the species to recover from occupied by the species at the time of Federal Regulations may not reflect the periodic disturbance. Redundancy of this final listing rule that were exclusion of such developed lands. Any populations may be needed to provide historically occupied, but are presently such lands inadvertently left inside a margin of safety for the species to unoccupied, because we have critical habitat boundaries shown on the withstand catastrophic events. Adequate determined that such areas are essential maps of this final rule have been representation ensures that the species’ for the conservation of the species. We excluded by text in the rule and are not adaptive capabilities are conserved and are designating all habitat in the United designated as critical habitat. Therefore, genetic diversity is maintained.) States containing PCEs that we consider a Federal action involving these lands to be currently occupied, and will not trigger a section 7 consultation The critical habitat units we describe unoccupied springs that are essential for with respect to critical habitat and the below constitute our current and best the conservation of the species. We are requirement of no adverse modification assessment of the areas that meet the not designating critical habitat in unless the specific action would affect definition of critical habitat for the Sonora, Mexico, because we do not the physical or biological features in the Three Forks springsnail and the San designate critical habitat outside the adjacent critical habitat. Bernardino springsnail. Table 3 United States. summarizes the threats and current We assessed the critical life-history Final Critical Habitat Designation occupancy of the designated critical components of these springsnail For the Three Forks springsnail, we habitat units. Table 4 provides species, as they relate to habitat, and are designating critical habitat in two approximate areas (ac/ha) and land used this information to identify which areas currently occupied, and one area ownership of the units.

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TABLE 3—THREATS AND OCCUPANCY IN AREAS CONTAINING FEATURES ESSENTIAL TO THE CONSERVATION OF THE THREE FORKS AND SAN BERNARDINO SPRINGSNAILS

Currently Critical habitat unit Threats requiring special management or protections occupied

Three Forks springsnail

Three Forks Springs Unit ...... Soil erosion following wildfires, fire retardant use, nonnative predators, drought, and potential in- No. troduction of nonnative snails. Boneyard Bog Springs Unit ...... Soil erosion following wildfires, fire retardant use, nonnative predators, drought, and potential in- Yes. troduction of nonnative snails. Boneyard Creek Springs Unit ..... Soil erosion following wildfires, fire retardant use, nonnative predators, drought, and potential in- Yes. troduction of nonnative snails.

San Bernardino springsnail

Snail Spring Unit ...... Water depletion, drought, potential introduction of nonnative snails, and potential exposure to No. fire retardant chemicals through wind drift. Goat Tank Spring Unit ...... Water depletion, drought, potential introduction of nonnative snails, and potential exposure to Yes. fire retardant chemicals through wind drift. Horse Spring Unit ...... Water depletion, drought, potential introduction of nonnative snails, and potential exposure to Yes. fire retardant chemicals through wind drift. Tule Spring Unit ...... Fire retardant use, water depletion, drought, and potential introduction of nonnative snails ...... No.

TABLE 4—OWNERSHIP AND APPROXIMATE AREA OF CRITICAL HABITAT UNITS FOR THE THREE FORKS AND SAN BERDARDINO SPRINGSNAILS

Total area in acres Critical habitat unit Ownership (hectares)

Three Forks springsnail

Three Forks Springs Unit ...... Federal ...... 6.1 ac (2.5 ha) Boneyard Bog Springs Unit ...... Federal ...... 5.3 ac (2.1 ha) Boneyard Creek Springs Unit ...... Federal ...... 5.8 ac (2.3 ha)

Total ...... 17.2 ac (6.9 ha)

San Bernardino springsnail

Snail Spring Unit ...... State ...... 1.129 ac (0.457 ha) Goat Tank Spring Unit ...... State ...... 0.005 ac (0.002 ha) Horse Spring Unit ...... State ...... 0.078 ac (0.032 ha) Tule Spring Unit ...... Federal ...... 0.801 ac (0.324 ha)

Total ...... 2.013 ac (0.815 ha)

We present brief descriptions of all eight major springheads and spring p. 49), and the species was abundant units, and reasons why they meet the runs, each flowing a short distance of here until 2004 (AGFD 2008, entire), at definition of critical habitat for the several meters to an unnamed tributary which time the waters are suspected to Three Forks springsnail and San of the Black River. Two of the spring have been contaminated by wildfire Bernardino springsnail, below. Unit runs flow into a shallow pond and has retardant drift. The last documented descriptions are presented separately for an outflow run to the unnamed occurrence of the Three Forks each species. tributary. The springs complex contains springsnail at Three Forks Springs was spring seeps along the spring runs and in 2003 (AGFD 2008, entire). Fire Three Forks Springsnail the tributary. The tributary itself retardant becomes nontoxic within a Three Forks Springs Unit provides habitat connectivity. The area few days of contact with water, so within the designated unit contains a currently, the Three Forks Springs Unit The Three Forks Springs Unit is a small amount of upland area adjacent to contains all of the PCEs. The unit is complex of springs, spring runs, spring the springheads, spring runs, spring essential for the conservation of the seeps, a segment of an unnamed stream seeps, and the tributary segment. The species, because: (1) It has the ability to connecting them, and a small amount of moist soils and vegetation in the support all of the Three Forks upland area encircling them to make a adjacent uplands (approximately 3.3 ft springsnail life processes, (2) the single, contiguous unit of approximately (1.0 m) from surface water) produce geographic area occupied at the time of 6.1 ac (2.5 ha) in the vicinity of UTM periphyton (food for snails) and protect this final listing rule is not sufficient for Zone 12 coordinate 655710, 3747260 in the substrate. recovery, and (3) it increases the Apache County, Arizona. The entire Currently, the Three Forks Springs species’ population redundancy. There unit is in Federal ownership and Unit is not occupied. However, the are only two currently occupied areas managed by the Apache-Sitgreaves Three Forks Springs’ first documented representing a portion of the species’ National Forests. The unit encompasses occupancy was in 1973 (Landye 1973, former range, and these two small areas

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cause the species to be vulnerable to vicinity of UTM Zone 12 coordinate present. We are including as part of this extinction from a single, catastrophic 658300, 3749790, in Apache County, critical habitat designation a 3.3-ft (1-m) event. Arizona. The entire unit is in Federal upland area on each side of the spring, Threats to the Three Forks springsnail ownership and managed by the Apache- spring run and ditch, because moist in this unit include the soil erosion Sitgreaves National Forests. The unit soils and upland vegetation are following wildfires, fire retardant encompasses at least 11 major necessary to produce food for the snails chemicals, drought, nonnative crayfish, springheads and spring runs, which and protect the substrate they use. and potential introduction of nonnative each flow a distance of several meters Because of the small size of the spring, New Zealand mudsnails. (yards) to Boneyard Creek, a tributary of spring run, and ditch, we are precluded Boneyard Bog Springs Unit the Black River. The spring complex from mapping them precisely due to contains spring seeps along the spring inaccuracies inherent in the use of The Boneyard Bog Springs Unit is a runs and the tributary. We are satellites for locating and mapping. complex of springs, spring runs, spring designating as critical habitat a Therefore, for mapping purposes we seeps, and the segment of Boneyard contiguous unit that includes the created a circle that encompasses them. Creek connecting them, and a small springheads, spring runs, seeps, and The critical habitat is the spring, spring amount of upland area encircling them that portion of Boneyard Creek that run, ditch and buffer within the 249-ft to make them a single unit of connects the spring runs. Boneyard (76-m) diameter circle centered on UTM approximately 5.3 ac (2.1 ha), in the Creek is occupied where there are coordinate 663858, 3468182 in Zone 12. vicinity of UTM Zone 12 coordinate spring seeps along it, and it should The Snail Spring Unit is currently 659970, 3750730, in Apache County, provide for springsnail movement unoccupied by the San Bernardino Arizona. The entire unit is in Federal downstream and is essential for habitat springsnail, but it was historically ownership and managed by the Apache- connectivity. The area within the unit occupied. This Snail Spring Unit is Sitgreaves National Forests. The unit contains approximately 3.3 ft (1.0 m) in essential for the conservation of the encompasses eight major springheads width of upland area on each side of the species, because it will provide and spring runs, each of which flows springheads, spring runs, spring seeps, population redundancy following future several yards (meters) to Boneyard and tributary segment. The moist soils reintroduction of the species. Creek, a tributary of the Black River. and vegetation in the adjacent uplands The spring complex contains spring Goat Tank Spring Unit produce food for the snails and protect seeps along the spring runs and the This unit encompasses 0.005 ac (0.002 the substrate they use. ha) in Cochise County, Arizona. The tributary. We are designating a The Boneyard Creek Springs Unit is entire unit is in State ownership and contiguous critical habitat unit that currently occupied and contains all the managed by the John Slaughter Ranch includes the springheads, spring runs, PBFs essential for the conservation of Museum. The spring is contained seeps, and that portion of Boneyard the species. The PBFs that may require within a square concrete box Creek that connects the spring runs. special management are adequately approximately 2 ft by 3 ft (0.6 m by 0.9 Boneyard Creek is occupied where flowing springs, runs, and seeps that are m). There is also some spring seepage spring seeps are present along it, and free of contaminants and disturbance emanating from the base of a the unit will provide for springsnail from nonnative species. Threats to the cottonwood tree about 6.6 ft (2 m) from movement downstream, and is essential Three Forks springsnail in this unit that for habitat connectivity. This unit the spring-box. We are designating as may require special management critical habitat a 3.3-ft (1-m) upland area contains approximately 3.3 ft (1.0 m) in include wildfire, fire retardant used to width of upland area on each side of the on each side of the springbox and spring fight wildfires, predation by nonnative seepage, because it has moist soils and springheads, spring runs, spring seeps, crayfish, drought, and potential and tributary segment, because the vegetation that produces food for the competition from nonnative New snails and protects the substrate the moist soils and vegetation in the Zealand mudsnails. adjacent uplands provide food for the snails use. Because of the small size of snails. San Bernardino Springsnail the spring-box and spring seepage, we This unit is currently occupied and are precluded from mapping them Snail Spring Unit contains all the PBFs essential for the precisely due to inaccuracies inherent conservation of the species. Also, the The Snail Spring Unit encompasses in the use of satellites for locating and PBFs that may require special 1.129 ac (0.457 ha) in Cochise County, mapping. Therefore, for mapping management are adequately flowing Arizona. The entire unit is owned by the purposes we created a circle that springs, runs, and seeps that are free of State of Arizona and managed by the encompasses them. The critical habitat contaminants and disturbance from John Slaughter Ranch Museum. The designation is the spring-box, spring nonnative species. Special management spring is approximately 16 ft (5 m) in seepage, and buffer within the 16-ft is needed to protect against the threats diameter, and has a spring run that goes (5-m) diameter circle centered on UTM of wildfire, fire retardant used to fight south from the spring approximately 77 coordinate 663725, 3468162 in Zone 12. wildfires, elk wallowing, predation by ft (23 m) to a manmade ditch, which This unit is occupied at the time of nonnative crayfish, drought, and runs 34 ft (10 m) to a dirt road. It passes this final listing rule, and contains all potential competition from nonnative under the road in a 12-ft (4-m) culvert, the PBFs essential for the conservation New Zealand mudsnails. then flows approximately 56 ft (17 m) of the species. The PBFs which may below the road. We are not designating require special management are free- Boneyard Creek Springs Unit the road as critical habitat, but we are flowing springs and habitat free of The Boneyard Creek Springs Unit is a designating the culvert beneath the disturbance from nonnative complex of springs, spring runs, spring road, because it contains flowing water competitors. Threats to the San seeps, and the segment of Boneyard that provides PCE 1. The spring and Bernardino springsnail in this unit that Creek connecting them, and a small spring run down to the ditch are dry may require special management amount of upland area encompassing and unoccupied, though they contain include water depletion and drought. them, in a single, contiguous unit of PCE 3, substrate. The ditch is Water depletion has affected the species approximately 5.8 ac (2.3 ha), in the unoccupied, though all the PCEs are with a loss of flowing water at nearby

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Snail Spring in the recent past (Cox et The spring forms a pond approximately of appeals for the Fifth and Ninth al. 2007, p. 2; Smith et al. 2003, p. 1; 75 ft (23 m) north-south and 43 ft (13 Circuit Courts of Appeals have Malcom et al. 2003, p. 18). Also, m) east-west, and it has a spring-run invalidated our definition of potential threats may be posed by that is approximately 71 ft (22 m) in ‘‘destruction or adverse modification’’ nonnative snails, should they be length. The spring run emerges from the (50 CFR 402.02) (see Gifford Pinchot introduced, and by fire retardant southeastern side of the spring pond, Task Force v. U.S. Fish and Wildlife chemicals, should they be applied in runs northeast for approximately 41 ft Service, 378 F. 3d 1059 (9th Circuit other portions of the San Bernardino (13 m) to a manmade ditch, which runs 2004) and Sierra Club v. U.S. Fish and Valley and carried into this unit by southeast 30 ft (9 m). We are designating Wildlife Service et al., 245 F.3d 434, wind drift. as critical habitat a 3.3-ft (1-m) buffer of 442F (5th Circuit 2001), and we do not rely on this regulatory definition when Horse Spring Unit upland area on each side of the spring, spring-run, and ditch, because it has analyzing whether an action is likely to This unit encompasses 0.078 ac (0.032 moist soils and vegetation that produce destroy or adversely modify critical ha) in Cochise County, Arizona. The food for the snails and protect the habitat. Under the statutory provisions entire unit is State-owned and managed substrate they use. Although there is a of the Act, we determine destruction or by the John Slaughter Ranch Museum. pond at this location, the seeps where adverse modification on the basis of The spring emerges from a PVC pipe, the water emerges are not located within whether, with implementation of the which is enclosed in a spring-box, and the pond. The pond is included in the proposed Federal action, the affected water flows out in a spring-run that is designation, because, along with the critical habitat would remain functional approximately 1.6 ft (0.5 m) wide and spring, seeps, spring run, ditch, and (or retain those PCEs that relate to the 51 ft (16 m) in length. We are upland buffer, it comprises an inter- ability of the area to periodically designating as critical habitat a 3.3-ft related, functioning aquatic system support the species) to serve its (1-m) buffer of upland area on each side important for the springsnails and the intended conservation role for the of the springhead and spring-run, fish. The water from the pond will species. because it has moist soils and vegetation maintain a springbrook, and the If a species is listed or critical habitat that produce food for the snails and springbrook will drain into other ponds. is designated, section 7(a)(2) of the Act protect the substrate they use. Because Because of the small size of the requires Federal agencies to ensure that of the small size of the springhead and spring, spring-run, and ditch, we are activities they authorize, fund, or carry spring-run, we are precluded from precluded from mapping them precisely out are not likely to jeopardize the mapping them precisely due to due to inaccuracies inherent in the use continued existence of the species or to inaccuracies inherent in the use of of satellites for locating and mapping. destroy or adversely modify its critical satellites for locating and mapping. Therefore, for mapping purposes we habitat. If a Federal action may affect a Therefore, for mapping purposes we created a circle that encompasses them. listed species or its critical habitat, the created a circle that encompasses them. The critical habitat is the spring, spring- responsible Federal agency (action The designated critical habitat is the run, ditch and buffer within the 210-ft agency) must enter into consultation spring-box, spring seepage, and buffer (64-m) diameter circle centered on UTM with us. As a result of this consultation, within the 66 ft (20 m) diameter circle coordinate 664259, 3468499 in Zone 12. we document compliance with the centered on UTM coordinate 663772, The Tule Spring Unit is currently requirements of section 7(a)(2) through 3468091 in Zone 12. unoccupied by the San Bernardino our issuance of: The Horse Spring Unit is occupied at springsnail at the time of this listing, but (1) A concurrence letter for Federal the time of this listing, and contains all is considered to have been historically actions that may affect, but are not the PBFs essential for the conservation occupied (Malcom et al. 2003, p. 19), likely to adversely affect, listed species of the species. The PBFs which may and shares a common aquifer and or critical habitat; or require special management are free- similarities in water chemistry, (2) A biological opinion for Federal flowing springs and habitat free of temperature, and hydrology with Snail actions that may affect, or are likely to disturbance from nonnative Spring. We consider the Tule Spring adversely affect, listed species or critical competitors. Threats to the San Unit to be essential to the conservation habitat. Bernardino springsnail in this unit that of the species, because it contains all the When we issue a biological opinion may require special management PCEs necessary for the life-history concluding that a project is likely to include groundwater depletion and processes, and it provides population jeopardize the continued existence of a drought. Groundwater depletion has redundancy following future listed species or destroy or adversely affected the species with a loss of reintroduction of the species. modify critical habitat, we also provide flowing water at nearby Snail Spring in Threats to the San Bernardino reasonable and prudent alternatives to the recent past (Cox et al. 2007, p. 2; springsnail in this unit include the the project, if any are identifiable. We Smith et al. 2003; p. 1, Malcom et al. potential use of fire retardant chemicals, define ‘‘Reasonable and prudent 2003, p. 18), and may threaten this site water depletion, drought, and the alternatives’’ at 50 CFR 402.2 as in the future. Also, potential threats may potential introduction of nonnative alternative actions identified during be posed by nonnative snails, should snails. consultation that: they be introduced, and by fire retardant (1) Can be implemented in a manner chemicals, should they be applied in Effects of Critical Habitat Designation consistent with the intended purpose of other portions of the San Bernardino Section 7 Consultation the action; Valley and carried into this unit by (2) Can be implemented consistent wind drift. Section 7 of the Act requires Federal with the scope of the Federal agency’s agencies, including the Service, to legal authority and jurisdiction; Tule Spring Unit ensure that actions they fund, authorize, (3) Are economically and This unit encompasses 0.801 ac (0.324 or carry out are not likely to jeopardize technologically feasible; and ha) in Cochise County, Arizona. The the continued existence of a listed (4) Would, in the Director’s opinion, entire unit is in Federal ownership and species or destroy or adversely modify avoid jeopardizing the continued managed by the San Bernardino NWR. critical habitat. Decisions by the courts existence of the listed species or

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destroying or adversely modifying include land-management actions required each military installation that critical habitat. implemented by the applicable Federal includes land and water suitable for the Reasonable and prudent alternatives land management agency. conservation and management of can vary from slight project natural resources to complete an Application of the ‘‘Adverse modifications to extensive project integrated natural resources Modification’’ Standard redesign or relocation of the project. management plan (INRMP) by Costs associated with implementing The key factor related to the adverse November 17, 2001. An INRMP reasonable and prudent alternatives are modification determination is whether, integrates implementation of the similarly variable. with implementation of the proposed military mission of the installation with Regulations at 50 CFR 402.16 require Federal action, the affected critical stewardship of the natural resources Federal agencies to reinitiate habitat would continue to serve its found on the base. Each INRMP consultation on previously reviewed intended conservation role for the includes: actions in instances where we have species, or would retain those PCEs that (1) An assessment of the ecological listed a new species or subsequently relate to the ability of the area to needs on the installation, including the designated critical habitat that may have periodically support the species. need to provide for the conservation of been affected and the Federal agency Activities that may destroy or adversely listed species; has retained discretionary involvement modify critical habitat are those that (2) A statement of goals and priorities; or control over the action (or the alter the PCEs to an extent that (3) A detailed description of agency’s discretionary involvement or appreciably reduces the conservation management actions to be implemented control is authorized by law). value of critical habitat for the Three to provide for these ecological needs; Consequently, Federal agencies may Forks springsnail or the San Bernardino and sometimes need to request reinitiation springsnail. As discussed above, the role (4) A monitoring and adaptive of consultation with us on actions for of critical habitat is to support the life- management plan. which formal consultation has been history needs of the species and provide Among other things, each INRMP completed, if those actions with for the conservation of the species. must, to the extent appropriate and discretionary involvement or control Section 4(b)(8) of the Act requires us applicable, provide for fish and wildlife may affect subsequently listed species to briefly evaluate and describe, in any management; fish and wildlife habitat or designated critical habitat. proposed or final regulation that enhancement or modification; wetland Federal actions that may affect the designates critical habitat, activities protection, enhancement, and Three Forks springsnail or the San involving Federal actions that may restoration where necessary to support Bernardino springsnail or their adversely modify such habitat, or that fish and wildlife; and enforcement of designated critical habitat require may be affected by such designation. applicable natural resource laws. section 7(a)(2) consultation under the Activities that, when carried out, The National Defense Authorization Act. On private lands in the United funded, or authorized by a Federal Act for Fiscal Year 2004 (Pub. L. 108– States, examples of Federal actions agency, may affect critical habitat and, 136) amended the Act to limit areas include, but are not limited to, therefore, should result in consultation eligible for designation as critical Environmental Protection Agency for the Three Forks springsnail and the habitat. Specifically, section 4(a)(3)(B)(i) authorization of discharges under the San Bernardino springsnail include, but of the Act (16 U.S.C. 1533(a)(3)(B)(i)) National Pollutant Discharge are not limited to: now provides: ‘‘The Secretary shall not Elimination System and registration of (1) Actions that would reduce the designate as critical habitat any lands or pesticides; Federal Highway quantity of water flow within the spring other geographical areas owned or Administration approval of funding of systems designated as critical habitat. controlled by the Department of Defense road or highway infrastructure and (2) Actions that would result in the (DOD), or designated for its use, that are maintenance; Corps authorization of inundation of springheads within the subject to an integrated natural discharges of dredged and fill material spring systems designated as critical resources management plan prepared into waters of the United States under habitat. under section 101 of the Sikes Act (16 section 404 of the CWA; U.S. (3) Actions that would degrade water U.S.C. 670a), if the Secretary determines Department of Agriculture (USDA) quality within the spring systems in writing that such plan provides a Natural Resources Conservation Service designated as critical habitat. benefit to the species for which critical technical assistance and other programs; (4) Actions that would reduce the habitat is proposed for designation.’’ USDA—Rural Utilities Service availability of course, firm aquatic There are no DOD lands with a infrastructure or development; U.S. completed INRMP within the critical Department of Homeland Security substrates within the spring systems habitat designation. Therefore, we are activities in regard to immigration that are designated as critical habitat. enforcement and regulation; the (5) Actions that would reduce the not exempting lands from this final Department of Housing and Urban occurrence of native aquatic designation of critical habitat for the Development Small Cities Community macrophytes, algae, and/or periphyton San Bernardino or Three Forks Development Block Grant and home within the spring systems designated as springsnails pursuant to section loan programs; or a permit from us critical habitat. 4(a)(3)(B)(i) of the Act. (6) Actions that would cause, under section 10(a)(1)(B) of the Act. Exclusions Federal actions not affecting listed promote, or maintain the presence of species or critical habitat, and actions nonnative predators and competitors at Application of Section 4(b)(2) of the Act on State, Tribal, local, or private lands unacceptable levels within the spring Section 4(b)(2) of the Act states that that are not federally funded, systems designated as critical habitat. the Secretary must designate and revise authorized, or permitted, do not require Exemptions critical habitat on the basis of the best section 7(a)(2) consultations. In addition available scientific data after taking into to several of the specific examples Application of Section 4(a)(3) of the Act consideration the economic impact, above, other Federal actions that may The Sikes Act Improvement Act of national security impact, and any other require consultation on Federal lands 1997 (Sikes Act) (16 U.S.C. 670a) relevant impact of specifying any

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particular area as critical habitat. The habitat.’’ The ‘‘without critical habitat’’ will require consultation regardless of Secretary may exclude an area from scenario represents the baseline for the the designation; (3) reintroduction of the critical habitat if he determines that the analysis, considering protections San Bernardino springsnail to the benefits of such exclusion outweigh the already in place for the species (e.g., unoccupied units is planned regardless benefits of specifying such area as part under the Federal listing and other of critical habitat designation; and (4) of the critical habitat, unless he Federal, State, and local regulations). project modifications necessary to avoid determines, based on the best scientific The baseline, therefore, represents the adverse modification are data available, that the failure to costs incurred regardless of whether indistinguishable from those necessary designate such area as critical habitat critical habitat is designated. The ‘‘with to avoid jeopardizing the species, will result in the extinction of the critical habitat’’ scenario describes the because the species’ existence heavily species. The statute on its face, as well incremental impacts associated depends upon the spring systems in as the legislative history, is clear that specifically with the designation of which they occur. the Secretary has broad discretion critical habitat for the species. The We anticipate seven potential section regarding which factor(s) to use and incremental conservation efforts and 7 consultations related to activities on how much weight to give to any factor associated impacts are those not federally managed lands. Both the in making that determination. expected to occur absent the designation Apache-Sitgreaves National Forests and Under section 4(b)(2) of the Act, the of critical habitat for the species. In San Bernardino NWR will need to Secretary may exclude an area from other words, the incremental costs are address the springsnails in their designated critical habitat based on those attributable solely to the management plans to prevent adverse economic impacts, impacts on national designation of critical habitat above and modification of these units. Given the security, or any other relevant impacts. beyond the baseline costs; these are the presence of springsnails in the Apache- In considering whether to exclude a costs we consider in the final Sitgreaves National Forests, the five particular area from the designation, we designation of critical habitat. The consultations would occur without the identify the benefits of including the analysis forecasts both baseline and designation. We anticipate the U.S. area in the designation, identify the incremental impacts likely to occur with Forest Service will reinitiate two benefits of excluding the area from the the designation of critical habitat. programmatic consultations, one for the designation, and evaluate whether the The FEA also addresses how potential Apache-Sitgreaves National Forests’ benefits of exclusion outweigh the economic impacts are likely to be Management Plan, and one for its benefits of inclusion. If the analysis distributed, including an assessment of nationwide plan on the use of fire indicates that the benefits of exclusion any local or regional impacts of habitat retardants across national forests. outweigh the benefits of inclusion, the conservation and the potential effects of Additionally, we anticipate up to three Secretary may exercise his discretion to conservation activities on government formal consultations, one for the exclude the area only if such exclusion agencies, private businesses, and response to the 2011 Wallow Fire, one would not result in the extinction of the individuals. The FEA measures lost for potential long-term burn area species. economic efficiency associated with rehabilitation after the Wallow Fire, and residential and commercial one for salvaging trees within the fire Exclusions Based on Economic Impacts development and public projects and perimeter. Incremental impacts are Under section 4(b)(2) of the Act, we activities, such as economic impacts on limited to the additional administrative consider the economic impacts of water management and transportation costs (approximately $48,500) of specifying any particular area as critical projects, Federal lands, small entities, considering the potential for the plans habitat. In order to consider economic and the energy industry. Decision- and projects to adversely modify critical impacts, we prepared a draft economic makers can use this information to habitat. analysis of the proposed critical habitat assess whether the effects of the The San Bernardino NWR will likely designation and related factors designation might unduly burden a reinitiate one programmatic (Industrial Economics 2011). The draft particular group or economic sector. consultation with the Service regarding economic analysis, dated October 24, Finally, the FEA considers economic its management plan, and participate in 2011, was made available for public impacts to activities from 2012 (the year one formal consultation to reintroduce review on November 17, 2011 (76 FR of this final critical habitat designation) the springsnail to the Tule Spring Unit. 71300). We accepted comments on the through 2024 (the length of guidance Because the Service plans to reintroduce draft analysis until December 19, 2011. and information for project and activity the springsnail at this site regardless of Following the close of the comment decisionmaking for the Apache- whether critical habitat is designated, periods, a final analysis of the potential Sitgreaves National Forest’s Land incremental costs are limited to the economic effects of the designation was Management Plan). The FEA quantifies administrative costs ($22,200) of completed on January 11, 2012, taking economic impacts of Three Forks considering adverse modification during into consideration the public comments springsnail and San Bernardino the consultations. and any new information (Industrial springsnail conservation efforts Because we do not have information Economics 2012). associated with the following categories regarding the timing of likely The intent of the final economic of activity: pesticide use, wildfire consultations, we conservatively assume analysis (FEA) is to quantify the suppression, and ungulate grazing costs are incurred immediately economic impacts of all potential (Industrial Economics 2012, p. ES–1). following promulgation of this final conservation efforts for Three Forks Only minor administrative impacts rule. Total undiscounted costs are springsnail and San Bernardino are likely to result from the designation $70,700. In conformance with the Office springsnail; some of these costs will of critical habitat. This result is of Management and Budget guidance, likely be incurred regardless of whether attributed to several factors, including: we also report present-value impacts we designate critical habitat (baseline). (1) Four of the seven proposed units and impacts on an annualized basis The economic impact of the final already receive extensive protection applying real discount rates of 3 and 7 critical habitat designation is analyzed from the Federal agencies managing the percent. No small entities are by comparing scenarios both ‘‘with parcels; (2) three of the four federally- anticipated to be affected by the critical habitat’’ and ‘‘without critical owned units are occupied, and thus, designation. Also, we do not anticipate

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impacts to the supply, distribution, or Required Determinations 100 employees, retail and service use of energy related to this critical businesses with less than $5 million in Regulatory Planning and Review habitat designation. annual sales, general and heavy The Office of Management and Budget Our economic analysis did not construction businesses with less than (OMB) has determined that this rule is identify any disproportionate costs that $27.5 million in annual business, not significant and has not reviewed are likely to result from the designation. special trade contractors doing less than this rule under Executive Order 12866. Consequently, the Secretary is not $11.5 million in annual business, and OMB bases its determination upon the exerting his discretion to exclude any agricultural businesses with annual following four criteria: sales less than $750,000. To determine areas from this designation of critical (a) Whether the rule will have an habitat for the Three Forks and San if potential economic impacts to these annual effect of $100 million or more on small entities are significant, we Bernardino springsnails based on the economy or adversely affect an economic impacts. A copy of the final consider the types of activities that economic sector, productivity, jobs, the might trigger regulatory impacts under economic analysis with supporting environment, or other units of the documents may be obtained by this rule, as well as the types of project government. modifications that may result. In contacting the Arizona Ecological (b) Whether the rule will create Services Field Office (see ADDRESSES) or general, the term ‘‘significant economic inconsistencies with other Federal impact’’ is meant to apply to a typical by downloading from the Internet at agencies’ actions. http://www.regulations.gov. small business firm’s business (c) Whether the rule will materially operations. affect entitlements, grants, user fees, Exclusions Based on National Security To determine if the rule could loan programs, or the rights and Impacts significantly affect a substantial number obligations of their recipients. of small entities, we consider the Under section 4(b)(2) of the Act, we (d) Whether the rule raises novel legal number of small businesses affected consider whether there are lands owned or policy issues. within particular types of economic or managed by the DOD where a Regulatory Flexibility Act (5 U.S.C. 601 activities. In Appendix A of the FEA, national security impact might exist. In et seq.) the analysis did not anticipate impacts preparing this rule, we have determined to small entities as a result of this that the lands within the designated Under the Regulatory Flexibility Act designation. We apply the ‘‘substantial critical habitat for the Three Forks and (RFA; 5 U.S.C. 601 et seq., as amended number’’ test individually to each San Bernardino springsnails are not by the Small Business Regulatory industry to determine if certification is owned or managed by the DOD, and Enforcement Fairness Act (SBREFA) of appropriate. However, the SBREFA does therefore, anticipate no impact to 1996), whenever an agency must not explicitly define ‘‘substantial national security. There are no areas publish a notice of rulemaking for any number’’ or ‘‘significant economic excluded based on impacts on national proposed or final rule, it must prepare impact.’’ Consequently, to assess security. and make available for public comment a regulatory flexibility analysis that whether a ‘‘substantial number’’ of Exclusions Based on Other Relevant describes the effects of the rule on small small entities is affected by this Impacts entities (i.e., small businesses, small designation, this analysis considers the organizations, and small government relative number of small entities likely Under section 4(b)(2) of the Act, we jurisdictions). However, no regulatory to be impacted in an area. In some consider any other relevant impacts, in flexibility analysis is required if the circumstances, especially with critical addition to economic impacts and head of the agency certifies the rule will habitat designations of limited extent, impacts on national security. We not have a significant economic impact we may aggregate across all industries consider a number of factors including on a substantial number of small and consider whether the total number whether the landowners have developed entities. The SBREFA amended RFA to of small entities affected is substantial. any HCPs or other management plans require Federal agencies to provide a In estimating the number of small for the area, or whether there are statement of the factual basis for entities potentially affected, we also conservation partnerships that would be certifying that the rule will not have a consider whether their activities have encouraged by designation of, or significant economic impact on a any Federal involvement. exclusion from, critical habitat. In substantial number of small entities. In Designation of critical habitat only addition, we look at any Tribal issues, this final rule, we are certifying that the affects activities authorized, funded, or and consider the government-to- critical habitat designations for Three carried out by Federal agencies. Some government relationship of the United Forks and San Bernardino springsnails kinds of activities are unlikely to have States with Tribal entities. We also will not have a significant economic any Federal involvement and so will not consider any social impacts that might impact on a substantial number of small be affected by critical habitat occur because of the designation. entities. The following discussion designation. In areas where the species We have determined that the explains our rationale. is present, Federal agencies already are designation does not include any Tribal According to the Small Business required to consult with us under lands. We anticipate no impact to Tribal Administration, small entities include section 7 of the Act on activities they lands, partnerships, or HCPs from this small organizations, such as authorize, fund, or carry out that may critical habitat designation. independent nonprofit organizations; affect the Three Forks springsnail. Additionally, there are currently no small governmental jurisdictions, Federal agencies also must consult with conservation plans for the private lands including school boards and city and us if their activities may affect critical containing springs occupied by the San town governments that serve fewer than habitat. Designation of critical habitat, Bernardino springsnail. Accordingly, 50,000 residents; as well as small therefore, could result in an additional the Secretary is not exercising his businesses. Small businesses include economic impact on small entities due discretion to exclude any areas from this manufacturing and mining concerns to the requirement to reinitiate designation based on other relevant with fewer than 500 employees, consultation for ongoing Federal impacts. wholesale trade entities with fewer than activities (see Application of the

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‘‘Adverse Modification’’ Standard As none of the outcomes that may of Federal assistance or (ii) a duty section). constitute ‘‘a significant adverse effect’’ arising from participation in a voluntary In our final economic analysis of the are relevant to this analysis, energy- Federal program. critical habitat designation, we related impacts within the critical The designation of critical habitat evaluated the potential economic effects habitat designation are not anticipated. does not impose a legally binding duty on small business entities resulting from The economic analysis finds that on non-Federal Government entities or conservation actions related to the extraction, energy production, and private parties. Under the Act, the only listing of the species and the distribution are not expected to be regulatory effect is that Federal agencies designation of critical habitat. The affected (Industrial Economics 2012, p. must ensure that their actions do not analysis is based on the estimated A–8). Thus, based on information in the destroy or adversely modify critical impacts associated with the rulemaking economic analysis, energy-related habitat under section 7. While non- as described in the analysis and impacts associated with Three Forks Federal entities that receive Federal evaluates the potential for economic and San Bernardino springsnail funding, assistance, or permits, or that impacts. We did not anticipate any conservation activities within critical otherwise require approval or activities occurring within the next 13 habitat are not expected. As such, the authorization from a Federal agency for years within or adjacent to the critical designation of critical habitat is not an action, may be indirectly impacted habitat we are designating that could expected to significantly affect energy by the designation of critical habitat, the potentially affect small businesses. supplies, distribution, or use. Therefore, legally binding duty to avoid We determined from our analysis this action is not a significant energy destruction or adverse modification of (Appendix A in FEA) that there will be action, and no Statement of Energy critical habitat rests squarely on the no additional economic impacts to Effects is required. Federal agency. Furthermore, to the small entities resulting from the extent that non-Federal entities are designation of critical habitat, because Unfunded Mandates Reform Act indirectly impacted because they almost all of the potential costs of In accordance with the Unfunded receive Federal assistance or participate modification of activities and Mandates Reform Act (2 U.S.C. 1501 et in a voluntary Federal aid program, the conservation identified in the economic seq.), we make the following findings: Unfunded Mandates Reform Act would analysis represent baseline costs that (1) This final rule will not produce a not apply; nor would critical habitat would be realized in the absence of Federal mandate. In general, a Federal shift the costs of the large entitlement critical habitat. The economic analysis mandate is a provision in legislation, programs listed above onto State estimates the overall annual incremental statute, or regulation that would impose governments. costs associated with the designation of an enforceable duty upon State, local, or (2) We do not expect this rule to critical habitat to be very modest, at tribal governments, or the private sector significantly or uniquely affect small approximately $70,700. All of these and includes both ‘‘Federal governments. Small governments will costs would derive from the added effort intergovernmental mandates’’ and be affected only to the extent that any associated with considering adverse ‘‘Federal private sector mandates.’’ programs having Federal funds, permits, modification in the context of section 7 These terms are defined in 2 U.S.C. or other authorized activities must consultations. 658(5)(7). ‘‘Federal intergovernmental ensure that their actions will not In summary, we considered whether mandate’’ includes a regulation that adversely affect the critical habitat. this designation would result in a ‘‘would impose an enforceable duty Therefore, a Small Government Agency significant economic effect on a upon State, local, or [T]ribal Plan is not required. substantial number of small entities. governments,’’ with two exceptions. It Based on our analysis and currently excludes ‘‘a condition of Federal Takings—Executive Order 12630 available information, we concluded assistance.’’ It also excludes ‘‘a duty In accordance with E.O. 12630 that this rule will not result in a arising from participation in a voluntary (Government Actions and Interference significant economic impact on a Federal program,’’ unless the regulation with Constitutionally Protected Private substantial number of small entities. ‘‘relates to a then-existing Federal Property Rights), we have analyzed the Therefore, we are certifying that the program under which $500,000,000 or potential takings implications of designation of critical habitat for Three more is provided annually to State, designating critical habitat for the Three Forks and San Bernardino springsnails local, and [T]ribal governments under Forks springsnail and San Bernardino will not have a significant economic entitlement authority,’’ if the provision springsnail in a takings implications impact on a substantial number of small would ‘‘increase the stringency of assessment. Critical habitat designation entities, and a regulatory flexibility conditions of assistance’’ or ‘‘place caps does not affect landowner actions that analysis is not required. upon, or otherwise decrease, the Federal do not require Federal funding or Government’s responsibility to provide permits, nor does it preclude Energy Supply, Distribution, or Use— funding,’’ and the State, local, or development of habitat conservation Executive Order 13211 [T]ribal governments ‘‘lack authority’’ to programs or issuance of incidental take Executive Order 13211 (Actions adjust accordingly. At the time of permits to permit actions that do require Concerning Regulations That enactment, these entitlement programs Federal funding or permits to go Significantly Affect Energy Supply, were: Medicaid; AFDC work programs; forward. The takings implications Distribution, or Use) requires agencies Child Nutrition; Food Stamps; Social assessment concludes that this to prepare Statements of Energy Effects Services Block Grants; Vocational designation of critical habitat does not when undertaking certain actions. The Rehabilitation State Grants; Foster Care, pose significant takings implications for Office of Management and Budget Adoption Assistance, and Independent lands within or affected by the (OMB) has provided guidance for Living; Family Support Welfare designation. implementing this Executive Order that Services; and Child Support outlines nine outcomes that may Enforcement. ‘‘Federal private sector Federalism—Executive Order 13132 constitute ‘‘a significant adverse effect’’ mandate’’ includes a regulation that In accordance with E.O. 13132 when compared to not taking the would impose an enforceable duty upon (Federalism), this final rule does not regulatory action under consideration. the private sector, except (i) a condition have significant Federalism effects. A

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federalism impact summary statement is habitat needs of the Three Forks Rights, Federal-Tribal Trust not required. In keeping with springsnail and San Bernardino Responsibilities, and the Endangered Department of the Interior and springsnail. Species Act), we readily acknowledge Department of Commerce policy, we our responsibilities to work directly Paperwork Reduction Act of 1995 (44 requested information from, and with Tribes in developing programs for U.S.C. 3501 et seq.) coordinated development of, this final healthy ecosystems, to acknowledge that critical habitat designation with This final rule does not contain any tribal lands are not subject to the same appropriate State resource agencies in new collections of information that controls as Federal public lands, to Arizona. We received comments from require approval by OMB under the remain sensitive to Indian culture, and AGFD and have addressed them in the Paperwork Reduction Act of 1995 (44 to make information available to Tribes. Summary of Comments and U.S.C. 3501 et seq.). This rule will not We have determined that there are no Recommendations section of this rule. impose recordkeeping or reporting Tribal lands occupied at the time of The designation of critical habitat on requirements on State or local listing with features essential for the Federal lands currently occupied by the governments, individuals, businesses, or conservation, and no Tribal lands that Three Forks springsnail or San organizations. An agency may not are essential for the conservation, of the Bernardino springsnail imposes no conduct or sponsor, and a person is not Three Forks springsnail and San additional restrictions to those currently required to respond to, a collection of Bernardino springsnail. Therefore, we in place and, therefore, has little information unless it displays a have not designated critical habitat on incremental impact on State and local currently valid OMB control number. Tribal lands for the Three Forks governments and their activities. The National Environmental Policy Act (42 springsnail and San Bernardino designation may have some benefit to springsnail. these governments because the areas U.S.C. 4321 et seq.) that contain the features essential to the We have determined that References Cited conservation of the species are more environmental assessments and A complete list of all references cited clearly defined, and the physical or environmental impact statements, as in this rule is available on the Internet biological features of the habitat defined under the authority of the at http://www.regulations.gov or upon necessary to the conservation of the National Environmental Policy Act request from the Field Supervisor, species are specifically identified. This (NEPA; 42 U.S.C. 4321 et seq.), need not Arizona Ecological Services Field Office information does not alter where and be prepared in connection with listing (see FOR FURTHER INFORMATION CONTACT). what federally sponsored activities may a species as endangered or threatened occur. However, it may assist local under the Endangered Species Act. We Authors governments in long-range planning published a notice outlining our reasons The primary authors of this document (rather than having them wait for case- for this determination in the Federal are the staff members of the Arizona by-case section 7 consultations to Register on October 25, 1983 (48 FR Ecological Services Field Office (see FOR occur). 49244). FURTHER INFORMATION CONTACT). Where state and local governments It is our position that, outside the require approval or authorization from a jurisdiction of the U.S. Court of Appeals List of Subjects in 50 CFR Part 17 Federal agency for actions that may for the Tenth Circuit, we do not need to Endangered and threatened species, affect critical habitat, consultation prepare environmental analyses Exports, Imports, Reporting and under section 7(a)(2) would be required. pursuant to NEPA in connection with recordkeeping requirements, While non-Federal entities that receive designating critical habitat under the Transportation. Federal funding, assistance, or permits, Endangered Species Act. We published or that otherwise require approval or a notice outlining our reasons for this Regulation Promulgation authorization from a Federal agency for determination in the Federal Register Accordingly, we amend part 17, an action, may be indirectly impacted on October 25, 1983 (48 FR 49244). This subchapter B of chapter I, title 50 of the by the designation of critical habitat, the position was upheld by the U.S. Court Code of Federal Regulations, as set forth legally binding duty to avoid of the Appeals for the Ninth Circuit below: destruction or adverse modification of (Douglas County v. Babbitt, 48 F.3d critical habitat rests squarely on the 1495 (9th Cir. 1995), cert. denied 516 PART 17—[AMENDED] Federal agency. U.S. 1042 (1996)). ■ 1. The authority citation for part 17 Civil Justice Reform—Executive Order Government-to-Government continues to read as follows: Relationship With Tribes 12988 Authority: 16 U.S.C. 1361–1407; 16 U.S.C. In accordance with E.O. 12988 (Civil In accordance with the President’s 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Justice Reform), the Office of the memorandum of April 29, 1994, 625, 100 Stat. 3500, unless otherwise noted. Solicitor has determined that the rule ‘‘Government-to-Government Relations ■ 2. In § 17.11(h), add entries for does not unduly burden the judicial with Native American Tribal ‘‘Springsnail, San Bernardino’’ and system and that it meets the Governments’’ (59 FR 22951), E.O. ‘‘Springsnail, Three Forks’’ to the List of requirements of sections 3(a) and 3(b)(2) 13175, and the Department of the Endangered and Threatened Wildlife in of the Order. We are designating critical Interior’s manual at 512 DM 2, we alphabetic order under SNAILS to read habitat in accordance with the readily acknowledge our responsibility as follows: provisions of the Act. This final rule to communicate meaningfully with uses standard property descriptions and recognized Federal Tribes on a § 17.11 Endangered and threatened identifies the physical or biological government-to-government basis. In wildlife. features within the designated areas to accordance with Secretarial Order 3206 * * * * * assist the public in understanding the of June 5, 1997 (American Indian Tribal (h) * * *

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

******* SNAILS

******* Springsnail, San Pyrgulopsis U.S.A. (AZ) ...... Entire ...... T ...... 17.95(f) NA Bernardino. bernardina. Mexico (Sonora) .....

******* Springsnail, Three Pyrgulopsis trivialis U.S.A. (AZ) ...... Entire ...... E ...... 17.95(f) NA Forks.

*******

■ 3. In § 17.95, amend paragraph (f) by (2) Within these areas, the primary (3) Critical habitat does not include adding entries for ‘‘San Bernardino constituent elements of the physical or manmade structures other than the road Springsnail (Pyrgulopsis bernardina)’’ biological features essential to the culvert and concrete spring-boxes, and ‘‘Three Forks Springsnail conservation of the San Bernardino which are included to protect the water (Pyrgulopsis trivialis)’’ after the entry for springsnail consist of four components: flowing within them. ‘‘Koster’s Springsnail (Juturnia Kosteri) (i) Adequately clean spring water (free (4) Critical habitat map units. Data and Roswell’s Springsnail (Pyrgulopsis from contamination) emerging from the layers defining map units were plotted Roswellensis),’’ to read as follows: ground and flowing on the surface; on 2007 USGS Digital Ortho Quarter (ii) Periphyton (attached algae), Quad maps using Universal Transverse § 17.95 Critical habitat—fish and wildlife. bacteria, and decaying organic material Mercator (UTM) coordinates in ArcMap. * * * * * for food; Because of the small size of the springs, (f) Clams and Snails. (iii) Substrates that include cobble, gravel, pebble, sand, silt, and aquatic spring runs and ditches, for mapping * * * * * vegetation, for egg laying, maturing, purposes we created a circle that San Bernardino Springsnail feeding, and escape from predators; and encompasses them. (Pyrgulopsis bernardina) (iv) Either an absence of nonnative (5) Note: Index map of critical habitat (1) Critical habitat units are depicted predators (crayfish) and competitors for the San Bernardino springsnail for Cochise County, Arizona, on the (snails) or their presence at low follows: map in paragraph (5) of this entry. population levels. BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C the road. The culvert beneath the road (7) Goat Tank Spring Unit contains (6) Snail Spring Unit contains is included in critical habitat, but not approximately 0.002 ha (0.005 ac) in approximately 0.457 ha (1.129 ac) in the road itself. We include a 1-m (3.3- Cochise County, Arizona. The unit is a Cochise County, Arizona. This critical ft) upland area on each side of the spring contained entirely within a habitat unit is a spring approximately 5 spring, spring run, and ditch. The square concrete box approximately 0.61 m (16 ft) in diameter and has a spring critical habitat unit is the spring, spring by 0.91 m (2 by 3 ft) and spring seepage run that goes south from the spring run, ditch, and buffer within the 76-m emanating from the base of a approximately 23.5 m (77 ft) to a (249-ft) diameter circle centered on cottonwood tree about 2 m (7 ft) from manmade ditch, which runs 10.2 m UTM coordinate 663858, 3468182 in the spring-box. This unit includes a 1- (33.5 ft) to a dirt road. It passes under Zone 12 with the units in meters using m (3.3-ft) upland area on each side of the road in a 3.5 m (11.5 ft) culvert, then North American Datum of 1983 (NAD the spring box and spring. The critical flows approximately 17 m (56 ft) below 83). habitat is the spring-box, spring seepage,

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and buffer within the 5-m (16.4-ft) (71 ft) in length. The spring run emerges (i) Adequately clean spring water (free diameter circle centered on UTM from the southeastern side of the spring from contamination) emerging from the coordinate 663725, 3468162 in Zone 12 pond, runs northeast for approximately ground and flowing on the surface; with the units in meters using North 12.5 m (41 ft) to a manmade ditch, (ii) Periphyton (attached algae), American Datum of 1983 (NAD 83). which runs southeast 9.2 m (30 ft). This bacteria, and decaying organic material (8) Horse Spring Unit contains unit includes a 1-m (3.3-ft) upland area for food; approximately 0.032 ha (0.078 ac) in on each side of the spring, spring run, (iii) Substrates that include cobble, Cochise County, Arizona. The unit is a and ditch. The designated critical gravel, pebble, sand, silt, and aquatic spring and springrun approximately 0.5 habitat unit is the spring, spring-run, vegetation, for egglaying, maturing, m (1.6 ft) wide and 15.5 m (50.9 ft) in ditch, and buffer within the 64-m (210- feeding, and escape from predators; and length. We include a 1-m (3.3-ft) upland ft) diameter circle centered on UTM (iv) Either an absence of nonnative area on each side of the springhead and coordinate 664259, 3468499 in Zone 12 predators (crayfish) and competitors spring-run. The designated critical (snails) or their presence at low with the units in meters using North habitat unit is the spring-box, spring population levels. American Datum of 1983 (NAD 83). seepage, and buffer within the 20-m (66- (3) Critical habitat does not include ft) diameter circle centered on UTM Three Forks Springsnail (Pyrgulopsis manmade structures other than concrete coordinate 663772, 3468091 in Zone 12 trivialis) spring-boxes, which are included to with the units in meters using North (1) Critical habitat units are depicted protect the flowing water within them. American Datum of 1983 (NAD 83). for Apache County, Arizona, on the map (4) Critical habitat map units were (9) Tule Spring Unit contains at paragraph (5) of this entry. plotted on 2007 USGS Digital Ortho approximately 0.324 ha (0.801 ac) in Quarter Quad maps using Universal Cochise County, Arizona. The unit is a (2) Within these areas, the primary Transverse Mercator (UTM) coordinates spring, which forms a pond constituent elements of the physical or in ArcMap. approximately 23 m (75 ft) north-south biological features essential to the (5) Note: Index map of critical habitat and 13 m (43 ft) east-west, and it has a conservation of the San Bernardino for the Three Forks springsnail follows: spring run that is approximately 22 m springsnail consist of four components: BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C

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(6) Three Forks Springs Unit (2.5 ha; 3750717; 660070, 3750742; 660176, 3749913; 658405, 3749863; 658371, 6.1 ac). The Three Forks Spring Unit 3750787; 660190, 3750781; 660199, 3749841; 658343, 3749805; 658312, consists of all areas within boundary 3750758; 660208, 3750744; 660159, 3749789; 658273, 3749741; 658272, points with the following coordinates in 3750685; 660125, 3750680; 660088, 3749733; 658268, 3749725; 658261, UTM Zone 12 with the units in meters 3750684; 660081, 3750690; 660072, 3749722; 658254, 3749720; 658242, using North American Datum of 1983 3750691; 660072, 3750676; 660076, 3749699; 658211, 3749682; 658184, (NAD 83): 655708, 3747262; 655714, 3750675; 660076, 3750664; 660069, 3749655; 658140, 3749634; 658119, 3747269; 655746, 3747258; 655777, 3750664; 660067, 3750663; 660060, 3749610; 658074, 3749624; 658024, 3747256; 655802, 3747270; 655808, 3750654; 660052, 3750648; 660034, 3749603; 657999, 3749549; 657932, 3747288; 655815, 3747304; 655877, 3750649; 660029, 3750654; 660027, 3749492; 657916, 3749492; 657904, 3747299; 655898, 3747291; 655911, 3750663; 660008, 3750659; 659997, 3749509; 657912, 3749527; 657933, 3747271; 655922, 3747253; 655932, 3750649; 659997, 3750639; 659988, 3749545; 657982, 3749559; 658020, 3747227; 655932, 3747209; 655939, 3750639; 659982, 3750641; 659958, 3749623; 658072, 3749642; 658111, 3747196; 655948, 3747186; 655958, 3750660; 659954, 3750671; 659945, 3749632; 658129, 3749649; 658174, 3747165; 655969, 3747142; 655979, 3750675; 659942, 3750688; 659933, 3749667; 658201, 3749691; 658223, 3747116; 655998, 3747094; 656013, 3750685; 659904, 3750662; 659889, 3749705; 658246, 3749743; 658311, 3747078; 656022, 3747061; 656023, 3750669; 659885, 3750687; 659902, 3749811; 658336, 3749826; 658403, 3747050; 656013, 3747052; 656001, 3750702; 659919, 3750712; Thence 3749893; 658410, 3749904; 658420, 3747065; 655991, 3747086; 655973, returning to 659968, 3750753. 3749908; 658434, 3749917; 658447, 3747112; 655963, 3747133; 655951, (8) Boneyard Creek Springs Unit (2.3 3749962; 658473, 3749991; 658493, 3747166; 655931, 3747191; 655906, ha; 5.8 ac). The Boneyard Creek Springs 3750013; 658509, 3750003; 658523, 3747198; 655886, 3747201; 655869, Unit consists of all areas within 3750019; 658528, 3750030; 658538, 3747198; 655836, 3747179; 655826, boundary points with the following 3750043; 658564, 3750055; 658584, 3747158; 655830, 3747123; 655841, coordinates in UTM Zone 12 with the 3750053; 658598, 3750061; 658616, 3747098; 655838, 3747083; 655818, units in meters using North American 3750068; 658657, 3750052; 658658, 3747085; 655785, 3747097; 655771, Datum of 1983 (NAD 83): 658758, 3750032; 658656, 3750020; 658667, 3747122; 655782, 3747144; 655784, 3750008; 658765, 3749996; 658763, 3750002; 658666, 3749982; 658692, 3747170; 655752, 3747216; 655715, 3749984; 658732, 3749975; 658714, 3749984; 658712, 3749994; 658730, 3747232; 655707, 3747242; Thence 3749981; 658698, 3749968; 658661, 3749994; Thence returning to 658758, returning to 655708, 3747262. 3749971; 658655, 3749981; 658655, 3750008. (7) Boneyard Bog Springs Unit (2.1 ha; 3749998; 658642, 3750000; 658638, * * * * * 5.3 ac). The Boneyard Bog Springs Unit 3750024; 658623, 3750034; 658606, consists of all areas within boundary 3750036; 658580, 3750029; 658568, Dated: April 4, 2012. points with the following coordinates in 3750020; 658553, 3750013; 658537, Eileen Sobeck, UTM Zone 12 with the units in meters 3750005; 658519, 3749993; 658507, Acting Assistant Secretary for Fish and using North American Datum of 1983 3749985; 658492, 3749992; 658479, Wildlife and Parks. (NAD 83): 659968, 3750753; 659990, 3749976; 658469, 3749960; 658467, [FR Doc. 2012–8811 Filed 4–16–12; 8:45 am] 3750731; 660021, 3750713; 660060, 3749945; 658460, 3749935; 658452, BILLING CODE 4310–55–P

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