6968 Federal Register / Vol. 60, No. 24 / Monday, February 6, 1995 / Rules and Regulations

(1) Section 91.70(a), to the extent that consolidated plan year selected by each (Hampden-Sydney College, Hampden- it would require States and local jurisdiction.) Sydney, Virginia) (Coyle 1981). governments to submit a CHAS annual Dated: January 31, 1995. Microhexura montivaga is one of only plan for Fiscal Year 1995 (the period Henry G. Cisneros, two species belonging to the genus from October 1, 1994 through Secretary. Microhexura in the family Dipluridae September 1995); (Coyle 1981; Harp 1991, 1992). The [FR Doc. 95–2896 Filed 2–2–95; 11:43 am] (2) Section 91.80(a)(2), to the extent other species in the genus, M. idahoana, that it would require a certification of BILLING CODE 4210±32±P occurs only in the Pacific Northwest consistency to apply to a new annual (Coyle 1981). Diplurids belong in the plan for Federal Fiscal Year 1995, rather primitive suborder Mygalomorphae, than the annual plan submitted for DEPARTMENT OF THE INTERIOR which are often popularly referred to as Fiscal Year 1994 extended to cover the Fish and Wildlife Service ‘‘tarantulas’’ (Harp 1991, 1992). The period in Fiscal Year 1995 until the genus Microhexura is the northernmost beginning of the first program year representative of the family Dipluridae under the consolidated plan; 50 CFR Part 17 and is also one of the smallest of the (3) Section 91.82(b), to the extent that RIN 1018±AC25 it would require an annual performance mygalomorph spiders, with adults report to be submitted by December 31, Endangered and Threatened Wildlife measuring only 2.5 to 3.8 millimeters 1994, to extend the submission deadline and Plants; Spruce-Fir Moss Spider (0.10 to 0.15 inch) (Coyle 1981). to 90 days following the first day of the Determined To Be Endangered Coloration of M. montivaga ranges from jurisdiction’s first program year under light brown to a darker reddish brown, the consolidated plan regulation, in AGENCY: Fish and Wildlife Service, and there are no markings on the accordance with the revised 24 CFR part Interior. abdomen (Harp 1992). The carapace is 91 published on January 5, 1995. ACTION: Final rule. generally yellowish brown (Harp 1992). The good cause for waiver of these The most reliable field identification provisions is to avoid unnecessary SUMMARY: The U.S. Fish and Wildlife characteristics for the spruce-fir moss duplication of effort that would Service (Service) determines the spruce- spider are chelicerae that project otherwise be required for States and fir moss spider (Microhexura forward well beyond the anterior edge local governments developing a montivaga) to be an endangered species of the carapace (Harp 1992; Coyle, consolidated plan and the undue under the Endangered Species Act of personal communication 1994), a pair of hardship that would result if 1973, as amended (Act). This spider is very long posterior spinnerets, and the jurisdictions were not able to provide currently known from four mostly small presence of a second pair of book lungs, required certificates of consistency for populations located in western North which appear as light patches posterior this time period from October 1, 1994 to Carolina and eastern Tennessee. The to the genital furrow (Harp 1992). spider’s damp, high-elevation forest the beginning of the Consolidated Plan The typical habitat of the spruce-fir program year. habitat is deteriorating rapidly due primarily to exotic insects and possibly moss spider is found in damp but well- III. Effect past land use history, air pollution, and drained moss (and liverwort) mats As a result of the first waiver, other factors not yet fully understood. growing on rocks or boulders, in well- jurisdictions need not submit a CHAS The species’ current low numbers also shaded situations in the mature, high- annual plan for the time period between increase its vulnerability to harm from elevation Fraser fir (Abies fraseri) and the end of Fiscal Year 1994 and the other threats. This final rule extends red spruce (Picea rubens) forests (Coyle beginning of the jurisdiction’s Federal protection under the Act to the 1981, Harp 1992). The forest stands at consolidated program year. The spruce-fir moss spider. the sites where the species has been observed are composed primarily of jurisdiction’s previously approved EFFECTIVE DATE: March 8, 1995. CHAS will remain in effect until the Fraser fir with only scattered spruce ADDRESSES: The complete file for this being present. The moss mats found to start date of the jurisdiction’s new rule is available for inspection, by consolidated program year, at which contain the spider have all been found appointment, during normal business under fir trees (Harp, personal point the jurisdiction’s new hours at the U.S. Fish and Wildlife consolidated plan will take effect. The communication, 1994; Coyle, personal Service Field Office, 330 Ridgefield communication, 1994). The moss mats second waiver allows jurisdictions to Court, Asheville, North Carolina. use their annual plan for Fiscal Year cannot be too dry (the species is very 1994 as extended by this notice for the FOR FURTHER INFORMATION CONTACT: Mr. sensitive to desiccation) or too wet purpose of certifications of consistency. John Fridell at the above address (704/ (large drops of water can also pose a The third waiver allows jurisdictions to 665–1195, Ext. 225). threat to the spider) (Harp 1992). The submit a last performance report under SUPPLEMENTARY INFORMATION: spider constructs its tube-shaped webs the CHAS for a period longer than 12 in the interface between the moss mat Background months, to include Fiscal Year 1994 and and rock surface (Coyle 1981, Harp the period between the end of Fiscal The spruce-fir moss spider was 1992), though occasionally the web Year 1994 and the beginning of the first originally described by Crosby and extends into the interior of the moss mat Consolidated Plan program year. Bishop (1925) based on collections (Harp 1992). The tubes are thin-walled To the extent that a jurisdiction made from a mountain peak in western and typically broad and flatten with determines that its CHAS needs to be North Carolina in 1923 (Coyle 1981). short side branches (Coyle 1981, Harp updated, an amendment to the Fiscal Only a few specimens were taken, and 1992). There is no record of prey having Year 1994 CHAS may be submitted to little was known about the species until been found in the webs of the spruce- reflect any change. (Under the its rediscovery approximately 50 years fir moss spider nor has the species been Consolidated Plan rule, the new later by Dr. Frederick Coyle (Western observed taking prey in the wild, but the consolidated plan strategy is due at least Carolina University, Cullowhee, North abundant springtails (collembolans) in 45 days before the start of the Carolina) and Dr. William Shear the moss mats provide the most likely Federal Register / Vol. 60, No. 24 / Monday, February 6, 1995 / Rules and Regulations 6969 source of food for the spider (Coyle in the Service’s notice of review for Summary of Comments and 1981, Harp 1992). animal candidates that was published in Recommendations Males of the species mature during the Federal Register of November 21, In the January 27, 1994, spruce-fir September and October, and females are 1991 (56 FR 58804). However, moss spider proposed rule and known to lay eggs in June. The egg sac subsequent surveys of both historic and associated notifications, all interested is thin-walled and nearly transparent, potential habitat of the species indicate parties were requested to submit factual and it may contain seven to nine eggs. that the spruce-fir moss spider is reports or information that might The female remains with the egg sac undergoing a rapid decline in contribute to development of a final and, if disturbed, will carry the egg sac distribution. Presently only one rule. Appropriate Federal and State with her fangs. Spiderlings emerge in relatively stable population is known to agencies, county governments, scientific September (Coyle 1981). The means of survive and, while currently considered organizations, individuals dispersal of the spiderlings from the to be healthy, this population is knowledgeable about the species or its parental moss mat is not known. threatened by the same factors that are habitat, and other interested parties ‘‘Ballooning,’’ a process by which the believed to have resulted in the spiders use a sheet of silk played out were contacted and requested to extirpation and/or decline of the species comment. A legal notice, which invited into the wind to carry them into the air, elsewhere within its historic range. has been suggested as a possible means general public comment, was published Accordingly, on August 30, 1993, the in the following newspapers: the ‘‘Avery of long-range dispersal (Harp 1992), but Service approved the spruce-fir moss the species’ high sensitivity to Journal,’’ Newland, North Carolina, spider as a category 1 candidate. February 10, 1994; the ‘‘Lenoir News- desiccation would likely preclude this Category 1 represents those species for dispersal method (Harp, personal Topic,’’ Lenoir, North Carolina, which the Service has enough communication, 1994). The life span of February 10, 1994; the ‘‘Watauga substantial information on biological the species is also unknown, but Coyle Democrat,’’ Boone, North Carolina, vulnerability and threats to support (1981) estimated that it may take 3 years February 16, 1994; the ‘‘Smoky proposals to list them as endangered or for the species to reach maturity. Mountains Times,’’ Bryson City, North threatened species. Carolina, February 10, 1994; and the Previous Federal Activity The Service has met and been in ‘‘Mountain Press,’’ Sevierville, From 1989 through 1992, status contact with various Federal and State Tennessee, February 11, 1994. surveys were conducted for the spruce- agency personnel and private All written comments received during fir moss spider (Harp 1991, 1992). Based individuals knowledgeable about the the comment period are covered in the on the results of these surveys, the species concerning the species’ status following discussion. spider is presently known to exist at and the need for the protection provided Ten written responses to the proposed only four locations—three sites in North by the Act. On December 31, 1992, the rule were received. The National Park Carolina and one in Tennessee. Of the Service notified appropriate Federal, Service, North Carolina Wildlife four remaining populations, only one State, and local government agencies, Resources Commission, North Carolina appears to be relatively stable. This landowners, and individuals Division of Parks and Recreation, and population is located along the Avery/ knowledgeable about this or similar three private individuals expressed Caldwell County line in North Carolina. species, in writing, that a status review strong support for the listing of the The other two populations in North was being conducted and that the spruce-fir moss spider as endangered. Carolina are located in Swain County. species might be proposed for Federal One of these responses received from a private individual identified errors in Both of the Swain County populations listing. A total of 10 written comments the proposed rule concerning the size are extremely small with only one were received. The National Park range of spruce-fir moss spider, and the spruce-fir moss spider having been Service, the North Carolina Division of likely age at which sexual maturity is found at each of these two sites in Parks and Recreation, and three private reached by the species. Another of these recent years (Harp 1991, 1992). The individuals (including the owner of the respondents provided additional forests at the two Swain County sites are site containing the Avery/Caldwell rapidly declining. The Tennessee information concerning the status of the County, North Carolina, population) population is located in Sevier County. species. The Service has incorporated expressed strong support for the This population was considered healthy these corrections and additional potential listing of the spruce-fir moss in 1989 but is currently believed to be information into this final rule. spider as an endangered species. The declining in numbers and is endangered Two responses were received from the U.S. Soil Conservation Service, by habitat loss/alteration (Harp 1992). Tennessee Valley Authority (TVA) and Tennessee Wildlife Resources Agency, The high-elevation spruce-fir forests one from the U.S. Soil Conservation Tennessee Department of Environment throughout much of the species’ historic Service (SCS) that expressed neither and Conservation, Tennessee Valley range are being decimated by the balsam support nor opposition to the listing. A wooly adelgid (Adelges piceae)—an Authority, and the North Carolina response from the TVA, Regional exotic insect pest—and possibly by air Department of Agriculture stated that Natural Heritage Project, and the pollution (acid precipitation) and other they had no new or additional response from the SCS stated they had factors not yet fully understood. The information on the species or threats to no additional information concerning death and thinning of the forest canopy its continued existence. No negative the spruce-fir moss spider. A response results in locally drastic changes in comments were received. received from the TVA Land microclimate including increased On January 27, 1994, the Service Management, while stating that they did temperatures and decreased moisture published in the Federal Register (59 not oppose listing of the spider, leading to desiccation of the moss mats FR 3825) a proposal to list the spruce- expressed concern about the lack of peer on which the spruce-fir moss spider, fir moss spider as an endangered reviewed information presented in the and possibly its prey base, depend for species. That proposal provided proposed rule (concerning the spruce-fir survival. information on the species’ biology, moss spider and role of atmospheric In absence of status information, the status, and threats to its continued pollution as factor in decline of its spruce-fir moss spider was not included existence. habitat), stating that the proposal relied 6970 Federal Register / Vol. 60, No. 24 / Monday, February 6, 1995 / Rules and Regulations mainly on two unpublished, to list the spruce-fir moss spider was However, virtually all of the historical unreviewed project reports by Harp widely distributed and reviewed. The extinctions that have been documented (1991, 1992). They also stated that they majority of the responses support the are attributable either directly or felt that the habitat of the spruce-fir findings presented in the proposed rule. indirectly to human induced moss spider described in the proposed No factual or substantive information environmental changes (Greenway 1967; rule was too general; identified errors in was received that indicates that the Frankel and Soule´ 1981; Soule´ 1983), the citation of the Krahl-Urban et al. information concerning the species, its changes that are too new (changes that (1988) document cited in the ‘‘Summary habitat, its biology, its past and present most species have not evolved the of Factors Affecting the Species,’’ factor distribution, and decline and status of ability to cope with; i.e., exotic pests, A, of the proposed rule; and provided its populations and threats as presented pollutants, etc.), too rapid, and too additional information concerning the in the proposed rule is incorrect, with destructive to allow the species the decline of the spruce-fir forest in the the exception of those items identified chance to respond. A species being Southeast. above (size, age at sexual maturity, and eliminated by processes such as the In enacting the Endangered Species the Krahl-Urban et al. (1988) document human related introductions of exotic Act, Congress required the Service to citation). Accordingly, the Service pests, applications of poisonous list species as endangered or threatened believes that sufficient information is chemicals, forest clearing, etc., is far based on the best scientific and currently available and has been different than a species being unable to commercial information available. The presented that clearly shows that the adapt to a naturally changing Service has carefully assessed the best species has undergone a drastic decline environment. Further, the Act requires available information in determining to throughout its range, that the species’ the Service to list species that are in propose and list the spruce-fir moss remaining habitat is significantly danger of going extinct without regard spider as endangered. This included a threatened, and that the species is in as to what factor may be inducing review of literature, State and Federal danger of extinction. extinction. data bases, and museum records; The Service does concur that a This same respondent also inquired intensive surveys of historic and detailed characterization of the spruce- whether there is documentation that potential habitat; correspondence with fir moss spider’s habitat, threats to its pollution is a contributing factor to the other Federal, State, and private habitat, and additional information loss of forest cover. The Service agencies, companies, and individuals concerning the species biology will be recognizes that the possible role of knowledgeable about the species; and necessary in order to properly manage atmospheric pollution in the decline of all relevant comments received and implement protection and recovery the high elevation spruce in spruce-fir throughout the review process. measures. These, as well as other forest ecosystem in the southern Although all of these information research needs and activities necessary Appalachians is a controversial and sources have been considered, most of to ensure the long-term survival of the highly complex topic. However, several the data for the species is contained in species, will be addressed by the studies have been conducted and are Coyle (1981), and in the status survey Service in the development and currently ongoing to address this issue reports by Harp (1991 and 1992). The implementation of a recovery plan for and, while opinions vary and much Service considers both of these the spruce-fir moss spider and through more research is needed, there is field investigators as highly reliable sources. other means (see ‘‘Available and laboratory data available that The only other paper that provides any Conservation Measures’’ below). The indicates that atmospheric pollution in detail concerning the species, of which Service has corrected the reference to combination with other stress factors the Service is aware, that was not the Krahl-Urban et al. (1988) document, has played a role in the deterioration of referenced in the proposed rule is a changed the citation to the relevant the health of high elevation red spruce paper on the mating behavior of the chapter author (R. I. Bruck), and in the southern Appalachians (Johnson spruce-fir moss spider (Coyle 1985). incorporated additional information et al., 1992). Despite the fact that the status survey concerning the sites where the species Summary of Factors Affecting the reports by Harp are not published has been found and factors believed to Species documents, the information on the be contributing to the decline of the spider contained in these reports has spruce-fir forest ecosystem in the After a thorough review and been reviewed by numerous Southeast into this final rule, as consideration of all information individuals. As part of the listing requested by the TVA. The Service has available, the Service has determined process for this species, the Service also added additional citations to this that the spruce-fir moss spider should notified affected Federal, State, and final rule to support statements be classified as an endangered species. local government agencies, landowners, concerning possible factors contributing Procedures found at section 4(a)(1) of and individuals knowledgeable about to the decline of spruce-fir forests the Act and regulations implementing this or similar species and requested associated with populations of the the listing provisions of the Act (50 CFR their review of the findings presented in spruce-fir moss spider. part 424) were followed. A species may Harp’s status survey reports and any One comment opposing the proposal be determined to be an endangered or additional information that they may to list the spruce-fir moss spider was threatened species due to one or more have on the species, its status, or threats received. This individual stated that of the five factors described in section to its continued existence. As stated ‘‘The scientific community, and the 4(a)(1). These factors and their above, no negative comments in Service in particular, need to recognize application to the spruce-fir moss spider response to the notification of status that extinction has always been a are as follows: review were received and all continuing process and will continue to A. The present or threatened respondents expressed support of the be so.’’ The Service agrees that destruction, modification, or information presented in the extinction can be a natural process. curtailment of its habitat or range. The notification, support of Federal listing of Extinction occurs naturally as species spruce-fir moss spider is known to be the species, and/or stated that they had respond by evolving into new species, endemic only to high-elevation spruce- no additional information on the or are unable to respond (become fir forests of western North Carolina and species. In addition, the proposed rule extinct) to a changing environment. eastern Tennessee. Historically, the Federal Register / Vol. 60, No. 24 / Monday, February 6, 1995 / Rules and Regulations 6971 species has been reported from four Swain and Yancey County sites in North of the spruce-fir forest and the sites in North Carolina and one in Carolina and the Sevier County, associated loss of suitable moss-mat Tennessee. In North Carolina the Tennessee, site) have suffered extensive habitat at these other sites threaten this species has been recorded from two mortality, believed to be primarily due population and its habitat at this site as sites in Swain County, one in Yancey to infestation by the balsam wooly well. County, and one in Avery/Caldwell adelgid (J. Harp, Oak Ridge National B. Overutilization for commercial, Counties (Coyle 1981, Harp 1992). In Laboratory, personal communication, recreational, scientific, or educational Tennessee, the species is known from 1993), a non-native insect pest believed purposes. The spruce-fir moss spider is only one site in Sevier County (Coyle to have been introduced into the United not currently known to be commercially 1981). States, around 1900, from Europe valuable; however, because of its During 1989 and through 1992, both (Kotinsky 1916; Eagar 1984). The extreme rarity and uniqueness, it is historic and potential habitat of the adelgid was first detected in North conceivable that it could be sought by species was surveyed (Harp 1991, 1992). Carolina on Mount Mitchell in 1957 collectors. It is one of only two members No new populations of the spruce-fir (Speers 1958), though it was likely of the genus Microhexura, it is the only moss spider were discovered and of the established at that site as early as 1940, representative of the primitive family five previously recorded populations, and from Mount Mitchell it spread to Dipluridae in eastern North America only one—the Avery and Caldwell the Fraser fir communities throughout and is one of the smallest of the world’s County, North Carolina, population— the southern Appalachians (Eagar 1984). ‘‘tarantulas.’’ While collecting or other appears to be stable (Harp 1992). Most mature Fraser fir are easily killed intentional take is not presently The Yancey County, North Carolina, by the adelgid (Amman and Speers identified as a factor contributing to the population appears to have been 1965) with death occurring within 2 to species’ decline, the low numbers, slow extirpated, and only one individual 7 years of the initial infestation (Eagar reproductive rate, and extremely could be found at each of the two sites 1984). restricted range of the spruce-fir moss in Swain County, North Carolina (Harp While the loss of the Fraser fir spider make it unlikely that the species 1992). The population in Sevier County, appears to be the most significant threat could withstand even moderate Tennessee, was surveyed in 1989 and to the remaining spruce-fir moss spider collecting pressure. was considered to be relatively healthy populations, the combined effects of C. Disease or predation. It is presently at that time (Harp 1991). However, several other factors are also believed to unknown whether disease or predation revisits to this site in 1992 found that be stressing and contributing to the have played a role in the decline of the the population level is declining, decline of the high elevation spruce-fir spruce-fir moss spider. Further research apparently in conjunction with a rapid forest stands. Bruck (1988) estimated is needed in this area. While predation decline of Fraser fir occurring at the site that trees 45 through 85 years of age at is not thought to be a significant threat and associated desiccation of moss-mat the summit of Mount Mitchell, (the site to a healthy population of the spruce-fir habitat (Harp 1992). Recent monitoring in Yancey County, North Carolina, moss spider, it could limit the recovery of this population indicates that it will where the species is now believed to be of the species or contribute to the local likely be extirpated within the next 1 to extirpated) showed an average extirpation of populations already 2 years (Harp, personal communication defoliation of 75 to 90 percent and that depleted by other factors. Possible 1994). all the trees exhibited some form of predators of the spruce-fir moss spider The spruce-fir moss spider is very growth reduction. He hypothesized that include pseudoscorpions, centipedes, sensitive to desiccation and requires atmospheric pollution was a possible and other spiders (Harp 1992). situations of high and constant factor in the decline. Regional scale air D. The inadequacy of existing humidity (Coyle 1981; Harp 1991, pollution in combination with other regulatory mechanisms. Neither the 1992). Loss of forest canopy (primarily stress factors is believed to have played State of North Carolina nor the State of the Fraser fir, the dominant canopy a significant role in the deterioration of Tennessee include arachnids on their species in the forest stands where the the health of high elevation red spruce lists of endangered and threatened spider has been found) leading to in the east (Johnson et al. 1992). Site species; therefore, the species is increased light and decreased moisture deterioration due to past land use unprotected in both States. Federal on the forest floor (resulting in history (past logging and burning listing will provide protection for the desiccation of the moss mats) appears to practices in southern Appalachians) and spruce-fir moss spider throughout its be the major cause for the loss and winter injury have also been identified range by requiring Federal permits to decline of the spruce-fir moss spider at as possible contributing factors (Peart et take the species and by requiring all four of these sites and the major al. 1992). The death and thinning of the Federal agencies to consult with the threat to the species’ continued canopy trees within these stands also Service when activities they fund, existence. In a 1991 letter to Mr. Keith cause the remaining trees to be more authorize, or carry out may affect the Langdon (National Park Service, Great susceptible to wind and other storm species. Smoky Mountains National Park), Dr. damage, which has become a major E. Other natural or manmade factors Frederick Coyle (Western Carolina concern at the Sevier County, affecting its continued existence. Only University) indicated that the spruce-fir Tennessee, site (J. Harp, personal one of the four remaining populations of moss spider was common at one of the communication 1992). this species appears stable. The other sites in Swain County, North Carolina, The spruce-fir forest at the site three surviving populations are as late as 1983 but was extremely rare harboring the Avery/Caldwell County, extremely small and all four by 1988. In his letter to Mr. Langdon, North Carolina, population of the populations are geographically isolated Dr. Coyle stated that many of the moss spruce-fir moss spider has not from one another. Therefore, the long- mats at this site had become dry and experienced the degree of decline that term genetic viability of these loose, which he suspected was due has occurred (and is occurring) at the populations is in doubt. Also, the largely to deterioration of the forest other sites known to support (or to have restricted range of each of the surviving canopy at the site. supported) populations of the spider. populations makes them extremely Fraser fir at all four of these sites from However, the same factors that are vulnerable to extirpation from a single which the spider has been recorded (the believed to have resulted in the decline event or activity, such as a severe storm, 6972 Federal Register / Vol. 60, No. 24 / Monday, February 6, 1995 / Rules and Regulations fire, land-clearing or timbering section for a further discussion of Available Conservation Measures operation, pesticide/herbicide section 7.) As part of the development Conservation measures provided to application, etc. Because they are of this rule, Federal and State agencies species listed as endangered or isolated from one another natural were notified of the spruce-fir moss threatened under the Act include repopulation of an extirpated spiders’ general distribution, and they recognition, recovery actions, population would be unlikely without were requested to provide data on requirements for Federal protection, and human intervention. proposed Federal actions that might prohibitions against certain practices. The Service has carefully assessed the adversely affect the species. No specific Recognition through listing encourages best scientific and commercial projects were identified. Should any and results in conservation actions by information available regarding the past, future projects be proposed in areas Federal, State, and private agencies, present, and future threats faced by this inhabited by the spruce-fir moss spider, groups, and individuals. The Act species in determining to make this rule the involved Federal agency will provides for possible land acquisition final. The species has been greatly already have the general distribution and cooperation with the States and reduced in numbers throughout the data needed to determine if the species requires that recovery actions be carried majority of its historic range and may be impacted by their action. If out for all listed species. The protection presently is known to occur at only four needed, more specific distribution locations. At two of these locations, required of Federal agencies and the information would be provided. prohibitions against taking and harm are only lone individuals—one at each Three of the four surviving location—have been observed in recent discussed, in part, below. populations of the spruce-fir moss Section 7(a) of the Act requires years; at a third location the species has spider are considered to be extremely Federal agencies to evaluate their undergone a rapid decline in numbers small, and suitable habitat at each of the actions with respect to any species that and is endangered by further habitat four sites still supporting the species is is proposed or listed as endangered or degradation/alteration. Only one of the very limited. Thus, any Federal action remaining populations appears to be threatened and with respect to its with the potential to result in significant critical habitat if any is being stable at this time, and it is threatened adverse modification or destruction of by many of the same factors that are designated. Regulations implementing the species’ habitat would also likely this interagency cooperation provision believed to have resulted in the jeopardize its continued existence, extirpation or decline of the other of the Act are codified at 50 CFR part thereby triggering both the destruction 402. Section 7(a)(2) requires Federal historically known populations. Due to or adverse modification of critical the species’ history of population loss agencies to ensure that activities they habitat standard and the jeopardy and decline and the extreme authorize, fund, or carry out are not standard. Therefore, no additional vulnerability of the surviving likely to jeopardize the continued protection for the spruce-fir moss spider populations, threatened status does not existence of a listed species or to would accrue from critical habitat appear appropriate for this species. destroy or adversely modify its critical designation that would not also accrue Critical habitat is not being proposed for habitat. If a Federal action may affect a from listing the species. Consequently, this species at this time for the reasons listed species or its critical habitat, the when listed, habitat protection for the discussed below. responsible Federal agency must enter spruce-fir moss spider will be into formal consultation with the Critical Habitat accomplished through the section 7 Service. The Service has notified Section 4(a)(3) of the Act requires jeopardy standard and section 9 Federal agencies that may have that, to the maximum extent prudent prohibitions against take. programs that affect the species. Federal and determinable, the Secretary In addition, the spruce-fir moss spider activities that occur and impact the designates critical habitat at the time the is very rare and unique, and taking for species include, but are not limited to, species is determined to be endangered scientific purposes and private the carrying out or issuance of permits or threatened. The Service’s regulations collection could pose a threat if specific for construction, recreation or (50 CFR 424.12(a)(1)) state that site information were released. The development actions that could result in designation of critical habitat is not publication of critical habitat maps in the loss or thinning of the high- prudent when one or both of the the Federal Register, local newspapers, elevation forest canopy, and pesticide or following situations exist: (1) The and other publicity accompanying herbicide applications for the control of species is threatened by taking or other critical habitat designation could noxious insects or weeds. It has been activity and the identification of critical increase the collection threat. The the experience of the Service, however, habitat can be expected to increase the locations of populations of these species that nearly all section 7 consultations degree of threat to the species or (2) have consequently been described only can be resolved so that the species is such designation of critical habitat in general terms in this proposed rule. protected and the project objectives met. would not be beneficial to the species. Any existing precise locality data would Section 9 of the Act and The Service finds that designation of be available to appropriate Federal, implementing regulations found at 50 critical habitat is not prudent for this State, and local government agencies CFR 17.21 set forth a series of general species. Such a determination would from the Service office described in the prohibitions and exceptions that apply result in no known benefit to the ADDRESSES section; from the Service’s to all endangered wildlife. These spruce-fir moss spider, and designation Raleigh Field Office, P.O. Box 33726, prohibitions, in part, make it illegal for of critical habitat could further threaten Raleigh, North Carolina 27636–3726; the any person subject to the jurisdiction of the species. Service’s Cookeville Field Office, 446 the United States to take (includes Section 7 of the Act requires that Neal Street, Cookeville, Tennessee harass, harm, pursue, hunt, shoot, Federal agencies insure that their 38501; and from the North Carolina wound, kill, trap, or collect; or to actions are not likely to jeopardize the Wildlife Resources Agency, North attempt any of these), import or export, continued existence of listed species, or Carolina Natural Heritage Program, ship in interstate commerce in the result in the destruction or adverse Tennessee Wildlife Resources Agency, course of a commercial activity, or sell modification of critical habitat. (See and Tennessee Department of or offer for sale in interstate or foreign ‘‘Available Conservation Measures’’ Conservation. commerce any listed species. It also is Federal Register / Vol. 60, No. 24 / Monday, February 6, 1995 / Rules and Regulations 6973 illegal to possess, sell, deliver, carry, authority of the National Environmental Johnson, A. H., S. B. McLaughlin, M. B. transport, or ship any such wildlife that Policy Act of 1969, need not be Adams, E. R. Cook, D. H. DeHayes, C. has been taken illegally. Certain prepared in connection with regulations Eagar, I. J. Fernandez, D. W. Johnson, R. exceptions apply to agents of the adopted pursuant to section 4(a) of the J. Kohut, V. A. Mohnen, N. S. Nicholas, D. R. Peart, G. A. Shier, and P. S. White. Service and State conservation agencies. Endangered Species Act of 1973, as 1992. Synthesis and conclusions from Permits may be issued to carry out amended. A notice outlining the epidemiological and mechanistic studies otherwise prohibited activities Service’s reasons for this determination of red spruce decline. IN: C. Eagar and involving endangered wildlife species was published in the Federal Register M. B. Adams (eds.) Ecology and decline under certain circumstances. on October 25, 1983 (48 FR 49244). of red spruce in the eastern United Regulations governing permits are at 50 States. Springer-Verlag, New York. References Cited CFR 17.22 and 17.23. Such permits are Kotinsky, J. 1916. The European fir trunk available for scientific purposes, to Amman, G. D. and C. F. Speers. 1965. Balsam louse, Chermes (Dreyfusia) piceae enhance the propagation or survival of wooly aphid in the southern (Ratz.). Ent. Proc. Soc. Washington the species, and/or for incidental take in Appalachians. Journ. For. 63:18–20. 18:14–16. Bruck, R. I. 1988. Research site: Mount Peart, D. R., N. S. Nicholas, S. M. Zedaker, connection with otherwise lawful M. Miller-Weeks, and T. G. Siccama. activities. Mitchell (southern Appalachians). Decline of the red spruce and Fraser fir. 1992. Condition and recent trends in It is the policy of the Service, IN: B. Krahl-Urban, H. E. Papke, K. high-elevation red spruce populations. published in the Federal Register on Peters, and C. Shimanski (eds.). Forest IN: C. Eagar and M. B. Adams (eds.) July 1, 1994 (59 FR 34272), to identify Decline. U.S. Environmental Protection Ecology and decline of red spruce in the to the maximum extent practicable at Agency and German Ministry of eastern United States. Springer-Verlag, the time of listing those activities that Research and Technology. 137 pp. New York. would constitute a violation of Section Coyle, F. A. 1981. The mygalomorph genus Speers, C. F. 1958. The balsam woolly aphid 9 of the Act. The intent of this policy Microhexura (Araneae, Dipluridae). Bull. infestation on cambial activity in Abies grandis. Amer. Jour. Bot. 54:1215–1223. is to increase public awareness of the Amer. Mus. Nat. Hist. 170:64–75. listing on proposed and on-going Coyle, F. A., 1985. Observations on the Author activities within a species’ range. mating behavior of the tiny mygalomorph spider, Microhexura The primary author of this proposed Activities that could potentially result montivaga Crosby & Bishop (Araneae, rule is John A. Fridell, U.S. Fish and in ‘‘take’’ of the spruce-fir moss spider Dipluridae). Bull. Brit. Arach. Soc. Wildlife Service, Asheville Field Office, include, but are not limited to, 6(8):328–330. 330 Ridgefield Court, Asheville, North unauthorized collecting or handling of Crosby, C. R., and S. C. Bishop. 1925. Two Carolina 28806 (704/665–1195, Ext. the spider, unauthorized pesticide new spiders from the Blue Ridge 225). applications within the occupied habitat Mountains of North Carolina (Araneina). of the spider, or intentional or Ent. News. 36:142–146, Figs. 1 and 2. List of Subjects in 50 CFR Part 17 Eagar, C. 1984. Review of the biology and unauthorized destruction of the species’ Endangered and threatened species, habitat (e.g., burning or forest clearing ecology of the balsam woolly aphid in southern Appalachian spruce-fir forests. Exports, Imports, Reporting and within the occupied range of the IN: P. S. White (ed.), The southern recordkeeping requirements, and species; trampling or other disturbance Appalachian spruce-fir ecosystem: its Transportation. of the moss mats within which the biology and threats. Research/Resources species occurs, etc.). Management Report SER–71. U.S. Dept. Regulation Promulgation Questions regarding whether specific of Interior, National Park Service. Accordingly, part 17, subchapter B of activities will constitute a violation of Frankel, O. H., and M. E. Soule´. 1981 chapter I, title 50 of the Code of Federal section 9 should be directed to the Field Conservation and evolution. Cambridge Regulations, is amended as set forth Supervisor of the Service’s Asheville University Press, Cambridge, England. below: Office (see ADDRESSES section). Requests Greenway, J. C., Jr. 1967. Extinction and for copies of the regulations regarding vanishing birds of the world. Dover PART 17Ð[AMENDED] Publications, New York. listed wildlife and inquiries about Harp, J. M. 1991. Status of the spruce-fir prohibitions and permits should be 1. The authority citation for part 17 moss spider, Microhexura montivaga continues to read as follows: addressed to the U.S. Fish and Wildlife Crosby and Bishop, in the Great Smoky Service, Southeast Regional Office, Mountains National Park. Unpubl. report Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Ecological Services, Division of to the National Park Service, U.S. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Endangered Species, 1875 Century Department of the Interior. 12 pp. plus 625, 100 Stat. 3500; unless otherwise noted. Boulevard, Atlanta, Georgia 30345–3301 appendix. 2. Section 17.11(h) is amended by (Telephone 404/679–7099; Facsimile Harp, J. M. 1992. A status survey of the adding the following, in alphabetical 404/679–7081). spruce-fir moss spider, Microhexura montivaga Crosby and Bishop (Araneae, order under ARACHNIDS, to the List of National Environmental Policy Act Dipluridae). Unpubl. report to the North Endangered and Threatened Wildlife, to Carolina Wildlife Resources read as follows: The Fish and Wildlife Service has Commission, Nongame and Endangered § 17.11 Endangered and threatened wildlife. determined that Environmental Wildlife Program, and the U.S. Fish and Assessments and Environmental Impact Wildlife Service, Asheville, North * * * * * Statements, as defined under the Carolina. 30 pp. (h) * * * √ 6974 Federal Register / Vol. 60, No. 24 / Monday, February 6, 1995 / Rules and Regulations

Species Vertebrate population Historic range where en- Status When listed Critical Special Common name Scientific name dangered or habitat rules threatened

ARACHNIDS

****** Spider, spruce-fir moss Microhexura montivaga U.S.A. (NC and TN) .... NA E 576 NA NA

******

Dated: December 12, 1994. necessary to prevent exceeding the accordance with § 675.20(a)(8), that the Mollie H. Beattie, interim specification of Atka mackerel Atka mackerel total allowable catch Director, Fish and Wildlife Service. in these areas. (TAC) in the Eastern Aleutian District [FR Doc. 95–2836 Filed 2–3–95; 8:45 am] EFFECTIVE DATE: 12 noon, Alaska local and BS subarea soon will be reached. BILLING CODE 4310±55±P time (A.l.t.), February 2, 1995, until 12 Therefore, the Regional Director has midnight, A.l.t., December 31, 1995. established a directed fishing allowance of 2,464 mt after determining that 400 FOR FURTHER INFORMATION CONTACT: mt will be taken as incidental catch in DEPARTMENT OF COMMERCE Andrew N. Smoker, 907–586-7228. directed fishing for other species in the National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: The Eastern Aleutian District and BS Administration groundfish fishery in the BSAI exclusive subarea. Consequently, NMFS is economic zone is managed by NMFS prohibiting directed fishing for Atka 50 CFR Part 675 according to the Fishery Management mackerel in the Eastern Aleutian Plan for the Groundfish Fishery of the District and the BS subarea. [Docket No. 941241±4341; I.D. Bering Sea and Aleutian Islands Area Directed fishing standards for 020195A] (FMP) prepared by the North Pacific Fishery Management Council under applicable gear types may be found in Groundfish of the Bering Sea and authority of the Magnuson Fishery the regulations at § 675.20(h). Aleutian Islands Area; Atka Mackerel in Conservation and Management Act. Classification the Eastern Aleutian District and Fishing by U.S. vessels is governed by Bering Sea regulations implementing the FMP at 50 This action is taken under § 675.20 and is exempt from review under E.O. AGENCY: National Marine Fisheries CFR parts 620 and 675. 12866. Service (NMFS), National Oceanic and In accordance with § 675.20(a)(7)(i), Atmospheric Administration (NOAA), the interim 1995 specifications of Authority: 16 U.S.C. 1801 et seq. Commerce. groundfish for the BSAI (59 FR 64346, December 14, 1994) established 2,864 Dated: February 1, 1995. ACTION: Closure. metric tons (mt) as the interim David S. Crestin, SUMMARY: NMFS is closing the directed allowance of Atka mackerel for the Acting Director, Office of Fisheries fishery for Atka mackerel in the Eastern Eastern Aleutian District and the Bering Conservation and Management, National Aleutian District and Bering Sea subarea Sea (BS) subarea. Marine Fisheries Service. of the Bering Sea and Aleutian Islands The Director, Alaska Region, NMFS [FR Doc. 95–2844 Filed 2–1–95; 4:28 pm] management area (BSAI). This action is (Regional Director), has determined, in BILLING CODE 3510±22±F