Vol. 77 Tuesday, No. 30 February 14, 2012 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Nine Bexar County, TX, Invertebrates; Final Rule VerDate Mar<15>2010 17:50 Feb 13, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\14FER2.SGM 14FER2 mstockstill on DSK4VPTVN1PROD with RULES2 8450 Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and Regulations DEPARTMENT OF THE INTERIOR ADDRESSES: This final rule and the invertebrates’ critical habitat, refer to associated final economic analysis are the proposed rule to designate critical Fish and Wildlife Service available on the Internet at http:// habitat for the nine Bexar County www.regulations.gov. Comments and invertebrates published in the Federal 50 CFR Part 17 materials received, as well as supporting Register on August 27, 2002 (67 FR documentation used in preparing this 55063), the final critical habitat [Docket No. FWS–R2–ES–2010–0091; 4500030114] final rule, are available for public designation published April 8, 2003 (68 inspection, by appointment, during FR 17155), and the proposed revised RIN 1018–AX11 normal business hours, at the U.S. Fish critical habitat designation published on and Wildlife Service, Austin Ecological February 22, 2011 (76 FR 9872). Endangered and Threatened Wildlife Services Field Office, 10711 Burnet Information on the associated draft and Plants; Designation of Critical Road, Suite 200, Austin, TX 78758; economic analysis for the February 22, Habitat for Nine Bexar County, TX, telephone 512–450–0057; facsimile 2011 (76 FR 9872), proposed rule to Invertebrates 512–490–0974. designate revised critical habitat was AGENCY: Fish and Wildlife Service, FOR FURTHER INFORMATION CONTACT: published in the Federal Register on Interior. Adam Zerrenner, Field Supervisor, U.S. August 2, 2011 (76 FR 46234). ACTION: Final rule. Fish and Wildlife Service, Austin We use the terms karst fauna regions Ecological Services Field Office, 10711 (KFRs), karst zones, and karst fauna SUMMARY: We, the U.S. Fish and Burnet Road, Suite 200, Austin, TX areas (KFAs) in this document. The term Wildlife Service (Service), designate 78758; telephone 512–490–0057 x248; ‘‘karst’’ refers to a subterranean terrain critical habitat for Rhadine exilis facsimile 512–490–0974. If you use a that is formed by the slow dissolution (ground beetle, no common name), telecommunications device for the deaf of calcium carbonate from limestone Rhadine infernalis (ground beetle, no (TDD), call the Federal Information bedrock by mildly acidic groundwater. common name), Helotes mold beetle Relay Service (FIRS) at 800–877–8339. This process creates numerous cave (Batrisodes venyivi), Cokendolpher Cave SUPPLEMENTARY INFORMATION: openings, cracks, fissures, fractures, harvestman (Texella cokendolpheri), sinkholes, and bedrock resembling Robber Baron Cave meshweaver Background Swiss cheese. (Cicurina baronia), Madla Cave It is our intent to discuss in this final Veni (1994, pp. 68–76) delineated six meshweaver (Cicurina madla), Braken rule only those topics directly relevant KFRs within Bexar County: Stone Oak, Bat Cave meshweaver (Cicurina venii), to the development and designation of University of Texas at San Antonio Government Canyon Bat Cave critical habitat for the Rhadine exilis (UTSA), Helotes, Government Canyon, meshweaver (Cicurina vespera), and (ground beetle, no common name), Culebra Anticline, and Alamo Heights Government Canyon Bat Cave spider Rhadine infernalis (ground beetle, no (Figure 1). These KFRs are bounded by (Neoleptoneta microps) under the common name), Helotes mold beetle, geological or geographical features that Endangered Species Act of 1973, as Cokendolpher Cave harvestman, Robber may represent obstructions to the amended (Act). These species are Baron Cave meshweaver, Madla Cave movement (on a geologic timescale) of collectively known as the nine Bexar meshweaver, Braken Bat Cave troglobites (small, cave-dwelling County invertebrates. In total, meshweaver, Government Canyon Bat animals that have adapted to their dark approximately 4,216 acres (ac) (1,706 Cave meshweaver, and Government surroundings), which has resulted in the hectares (ha)) in Bexar County, Texas, Canyon Bat Cave spider under the Act present-day distribution of endemic fall within the boundaries of the critical (16 U.S.C. 1531 et seq.). For more (restricted to a given region) karst habitat designation. Also, we announce information on the biology and ecology invertebrates in the Bexar County area. a 12-month finding on a petition to of the nine Bexar County invertebrates, The basis for these divisions is the lack revise critical habitat designation by refer to the final listing rule published of continuity between caves, which may removing unit 13 from designation in the Federal Register on December 26, form complete barriers or significant under the Act. After review of all 2000 (65 FR 81419), and to our restrictions to migration of troglobites available scientific and commercial September 2011 final recovery plan over modern or geologic timescales. information, we find that the petitioned (Service 2011), which is available from These discontinuities result from cave action is not warranted at this time. the Austin Ecological Services Field development and the geologic history of DATES: This rule becomes effective on Office (see ADDRESSES section). For the area. March 15, 2012. information on the nine Bexar County BILLING CODE 4310–55–P VerDate Mar<15>2010 17:50 Feb 13, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\14FER2.SGM 14FER2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and Regulations 8451 BILLING CODE 4310–55–C Karst Invertebrate Recovery Plan zones that reflect the likelihood of The KFRs were analyzed by Veni (Service 2011, pp. 17–26). To meet those finding a karst feature that will provide (1994, pp. 72–73) using the then current criteria, specified numbers of preserves habitat for the endangered invertebrates, range of 19 troglobitic species, including of a given quality must be protected based on geology, distribution of known the 9 Bexar County invertebrates. The within each KFR in which they occur. caves, distribution of cave fauna, and KFRs are important because they are Also, the six KFRs were delineated by primary factors that determine the used to establish recovery criteria for presence, size, shape, and extent of individual species in the Bexar County Veni (2003, pp. 10–18) into five karst VerDate Mar<15>2010 17:50 Feb 13, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\14FER2.SGM 14FER2 mstockstill on DSK4VPTVN1PROD with RULES2 ER14FE12.000</GPH> 8452 Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and Regulations caves with respect to cave development. 14, 2009, the plaintiffs (CBD v. FWS, dirt and rocks, and a concrete structure As described by Veni (2003, pp. 10–18), case number 1:09–cv–00031–LY) filed had been placed over the natural these five zones (Figure 1) are defined suit in Federal Court (Western District opening. as: of Texas), alleging that the Service failed In addition, the species expert Zone 1: Areas known to contain one to use the best available science, and examined the original specimens and or more of the nine Bexar County incorrectly made exclusions according stated, ‘‘My preliminary conclusions are invertebrates (areas where species are to sections 3(5)(A) and 4(b)(2) of the that the Black Cat Rhadine are distinct present). Act. On December 18, 2009, the parties from Rhadine exilis though closely Zone 2: Areas having a high filed a settlement agreement where we related, but I want to spend about six probability of suitable habitat for the agreed to submit a revised proposed hours or so on a final evaluation’’ (T. invertebrates (areas that may contain critical habitat determination for Barr, pers. comm., 2011). Unfortunately, one or more invertebrates, but have not publication in the Federal Register on T. Barr died in May 2011, and his been fully surveyed). or before February 7, 2011, and a final collection was donated to the Carnegie Zone 3: Areas that probably do not revised determination by February 7, Museum of Natural History. The Texas contain the invertebrates (because there 2012. The proposed rule was submitted Memorial Museum is working with the is very little suitable karst habitat). to the Federal Register prior to the Carnegie Museum to locate, obtain, and Zone 4: Areas that require further February 7, 2011, deadline, and it examine the specimens from Black Cat research, but are generally equivalent to published on February 22, 2011 (76 FR Cave, but this task has not been Zone 3, although they may include 9872). On August 2, 2011 (76 FR 46234), accomplished to date. sections that could be classified as Zone we reopened the comment period and The preliminary determination by the 2 or 5 (areas where less is known about announced the availability of a draft species expert (T. Barr) that this was not the karst structure than with Zone 3). economic analysis, an amended Rhadine exilis casts some additional Zone 5: Areas that do not contain the required determinations section of the nine Bexar County invertebrates (areas doubt on whether the unit contains, or proposal, and a public hearing to allow. ever contained, the species. However, with units of rock that do not contain This final rule is published in karst habitat). because the specimens are not currently accordance with the settlement available for examination, we give A karst fauna area (Service 1994, p. agreement. 76) is a geographic area known to deference to the original identification support one or more locations of an 12-Month Finding of the species as Rhadine exilis by the endangered species. A KFA is distinct On July 8, 2010, we received a species expert, T.