Vol. 77 Tuesday, No. 181 September 18, 2012

Part IV

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List 14 Aquatic Mollusks as Endangered or Threatened; Proposed Rule

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DEPARTMENT OF THE INTERIOR public to submit to us new information SPR = significant portion of the range that becomes available concerning SWRCB = State Water Resources Control Fish and Wildlife Service threats to these mollusks. Board THP = Timber Harvest Plan DATES: The finding announced in this 50 CFR Part 17 document was made on September 18, Background [Docket No. FWS–R8–ES–2011–0076: 2012. Section 4(b)(3)(B) of the Act (16 4500030113] ADDRESSES: This finding is available on U.S.C. 1531 et seq.) requires that, for the Internet at http:// any petition to revise the Federal Lists Endangered and Threatened Wildlife www.regulations.gov at Docket Number of Threatened and Endangered Wildlife and Plants; 12-Month Finding on a FWS–R8–ES–2011–0076. Supporting and Plants that contains substantial Petition To List 14 Aquatic Mollusks as documentation we used in preparing scientific or commercial information Endangered or Threatened this finding is available for public that listing a species may be warranted, AGENCY: Fish and Wildlife Service, inspection, by appointment, during we make a finding within 12 months of Interior. normal business hours at the U.S. Fish the date of receipt of the petition. In this ACTION: Notice of 12-month petition and Wildlife Service, Sacramento Fish finding, we will determine that the finding. and Wildlife Office, 2800 Cottage Way, petitioned action is: (1) Not warranted; Room W–2605, Sacramento, California (2) warranted; or (3) warranted, but the SUMMARY: We, the U.S. Fish and 95825. Please submit any new immediate proposal of a regulation Wildlife Service (Service), announce a information, materials, comments, or implementing the petitioned action is 12-month finding on a petition to list questions concerning this finding to the precluded by other pending proposals to the basalt juga (Juga new species (n. sp.) above address. determine whether species are 2), canary duskysnail (Colligyrus FOR FURTHER INFORMATION CONTACT: endangered or threatened, and convexus), cinnamon juga (Juga n. sp. Listing Coordinator, U.S. Fish and expeditious progress is being made to 3), Columbia duskysnail (Colligyrus n. Wildlife Service, Sacramento Fish and add or remove qualified species from sp. 1), Fredenburg pebblesnail Wildlife Office (see ADDRESSES); by the Federal Lists of Endangered and (Fluminicola n. sp. 11), Goose Valley telephone at 916–414–6600; or by Threatened Wildlife and Plants. Section pebblesnail (Fluminicola anserinus), facsimile at 916–414–6712 mailto:. If 4(b)(3)(C) of the Act requires that we Hat Creek pebblesnail (Fluminicola you use a telecommunications device treat a petition for which the requested umbilicatus), Klamath Rim pebblesnail for the deaf (TDD), please call the action is found to be warranted but (Fluminicola n. sp. 3), knobby rams- Federal Information Relay Service precluded as though resubmitted on the horn (Vorticifex n. sp. 1), masked (FIRS) at 800–877–8339. date of such finding, that is, requiring a duskysnail (Colligyrus n. sp. 2), nugget SUPPLEMENTARY INFORMATION: subsequent finding to be made within pebblesnail (Fluminicola seminalis), 12 months. We must publish these 12- List of Acronyms Potem Creek pebblesnail (Fluminicola month findings in the Federal Register. potemicus), Shasta pebblesnail To assist the reader, the following is (Fluminicola multifarius), and tall a partial list of acronyms that are used Previous Federal Actions pebblesnail (Fluminicola n. sp. 2) as in this document. On March 17, 2008, we received a endangered or threatened, and to ACS = Aquatic Conservation Strategy petition dated March 13, 2008, from five designate critical habitat, under the ANSTF = Aquatic Nuisance Species Task conservation organizations: The Center Endangered Species Act of 1973, as Force for Biological Diversity (CBD), amended (Act). The Fredenburg BNSF = Burlington Northern and Santa Fe Conservation Northwest, the pebblesnail and the Klamath Rim CAL FIRE = California Department of Environmental Protection Information pebblesnail were referred to in the Forestry and Fire Protection Center, the Klamath-Siskiyou Wildlands petition and in our 90-day finding (76 CBD = Center for Biological Diversity Center, and Oregon Wild. The petition FR 61826) as the nerite pebblesnail and CDFG = California Department of Fish and asked us to list 32 species and Game the diminutive pebblesnail, respectively CDPR = California Department of Parks and subspecies of snails and slugs (see Clarification Regarding Common Recreation (mollusks) in the Pacific Northwest as Names for Two Petitioned Aquatic CNDDB = California Natural Diversity threatened or endangered under the Act. Mollusks, below). After review of the Database Additionally, the petition requested that best available scientific and commercial DPS = distinct population segment we designate critical habitat concurrent information, we find that listing the FERC = Federal Energy Regulatory with listing. The petition clearly basalt juga, cinnamon juga, Columbia Commission identified itself as a petition and duskysnail, Fredenburg pebblesnail, FPA = Forest Practice Act included identification information Klamath Rim pebblesnail, knobby rams- FRRCD = Fall River Resource Conservation regarding the petitioners, as required by District horn, masked duskysnail, and tall IPCC = Intergovernmental Panel on Climate title 50 of the Code of Federal pebblesnail is not warranted at this time Change Regulations (CFR) in 424.14(a). The because these snails do not constitute NBII = National Biological Information petition included the 14 aquatic listable entities under the Act (see Infrastructure mollusk species addressed in this Listable Entity Evaluation, below). We NWP = Northwest Forest Plan finding, and provided supporting ask the public to submit to us new OHV = off-highway vehicle information regarding the species’ information that becomes available ORNHIC = Oregon Natural Heritage and taxonomy and ecology, range, present concerning the taxonomic status of Information Center status, and actual and potential causes these mollusks. We find that listing the PDA = Public Domain Allotment of decline. PGE = Pacific Gas and Electric Company canary duskysnail, Goose Valley RCAs = Riparian Conservation Areas In a June 27, 2008, letter to the pebblesnail, Hat Creek pebblesnail, SHU = Shasta–Trinity Unit petitioners, we responded that we had nugget pebblesnail, Potem Creek SMP = Survey and Manage Program reviewed the information presented in pebblesnail, and Shasta pebblesnail is SNFPA = Sierra Nevada Forest Plan the petition and determined that issuing not warranted at this time. We ask the Amendment an emergency regulation temporarily

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listing the species as per section 4(b)(7) petition as the Klamath Rim pebblesnail the diminutive and nerite pebblesnails, of the Act was not warranted. We also and the Fredenburg pebblesnail, respectively. stated that we could not address their respectively (76 FR 61836, 61843). Listable Entity Evaluation petition at that time due to court orders Information that we reviewed for this and judicially approved settlement status review indicates that the only Section 3(16) of the Act defines the agreements for other listing and critical accepted common names for these term ‘‘species’’ to include ‘‘any habitat determinations under the Act mollusks are the Klamath Rim subspecies of fish or wildlife or plants, that required nearly all of our listing pebblesnail and the Fredenburg and any distinct population segment and critical habitat funding for fiscal pebblesnail. The only sources that refer (DPS) of any species of vertebrate fish or years 2008 and 2009. We indicated that to these two mollusks by the common wildlife which interbreeds when we anticipated making an initial finding names used in the petition are the mature.’’ Taxonomic groups or entities on their petition in fiscal year 2010. Oregon Natural Heritage and that meet the Act’s definition of a On April 13, 2009, we received a Information Center (ORNHIC) (2004d, p. ‘‘species’’ can be considered for listing signed email from CBD providing 1) for the diminutive pebblesnail, and under the Act and are, therefore, updated taxonomic information ORNHIC (2004j, p. 1) for the nerite referred to as ‘‘listable entities.’’ Listable regarding some of the 32 petitioned pebblesnail. However, these must be entities can then be listed if they are mollusk species (Curry 2009, pp. 1–2). incorrect rather than simply alternate determined to meet the definition of The email indicated that two of the common names because Frest and either an endangered or threatened species had been formally described, Johannes (the original discoverers of species. two others had been combined into a these snails) refer to all four named Of the 14 aquatic mollusks considered single species that had been formally mollusks as separate species (Frest and in this review, 8 have not been formally described, and three additional Johannes 1993, pp. 46, 47, 49; Frest and described as species or subspecies in a petitioned species had been combined Johannes 2000, pp. 181, 264, 267, 273). peer-reviewed journal, or in any other into a single species that had been They note that the Klamath Rim and source commonly accepted by the formally described. The email provided Fredenburg pebblesnails are protected scientific community. This is why they a citation to the article making the under the Survey and Manage Program have provisional scientific names, taxonomic changes, and asked us to (SMP) of the Northwest Forest Plan including ‘‘new species’’ (or ‘‘n. sp.’’) consider the revised species for listing (NWFP) (see Generally Applicable and a number, rather than accepted as endangered or threatened under the Federal Regulatory Mechanisms, below), species names. Formal peer-reviewed Act. We treated this email message as an whereas the diminutive and nerite amendment to the original petition. description, with its opportunities for pebblesnails ‘‘should be’’ included in Therefore, the amended petition asked further review and comment, is the that program (Frest and Johannes 2000, us to list 29 species and subspecies of process by which proposed new species pp. 264, 265, 268, 274). The petition mollusks, including the 14 aquatic and subspecies become generally only included mollusks that had been species addressed here. recognized or rejected by the taxonomic We addressed the petition as funding protected under the SMP (CBD et al. community. We must therefore evaluate permitted beginning in late 2009, and 2008, p. 12). An Environmental Impact whether the best available scientific and published a 90-day finding on October Statement (EIS) on which we relied in commercial information indicates that 5, 2011 (76 FR 61826). We found that our 90-day finding for information these eight mollusks constitute valid substantial scientific and commercial regarding occupied locations of various species, despite their lack of formal information had been presented in the mollusks, identifies all the petitioned descriptions, for the purpose of petition and existed in our files to mollusks by their scientific names determining whether the mollusks in indicate listing may be warranted for 26 alone, without providing common question constitute listable entities (16 of the 29 petitioned mollusks. Fourteen names (for example, U.S. Department of U.S.C. 1533(b)(3)(A) and (B)). It is rare of those 26 mollusks are aquatic and 12 Agriculture (USDA) and U.S. for us to list entities that have not been are terrestrial. We have initiated a status Department of the Interior (USDI) 2007, formally described, but we have review of the 14 aquatic mollusks, and pp. 92, 251). occasionally done so in the past. present the results here. We intend to In the case of these two mollusks, the Examples include two fish: The Hutton review the status of the remaining 12 ‘‘scientific names’’ were provisional and tui chub (Gila bicolor ssp.) and Foskett terrestrial mollusks in fiscal year 2013. subject to change in different documents speckled dace (Rhinichthys osculus This notice constitutes our 12-month (Frest and Johannes 1993, pp. 46, 49; ssp.) (50 FR 12302; March 28, 1985). In finding on the June 27, 2008, petition Frest and Johannes 2000, pp. 264, 273) those instances, there was general (as amended on April 13, 2009) to list (see Listable Entity Evaluation, below). agreement among biologists familiar 14 aquatic mollusks as endangered or However, we have subsequently with these fish that they constituted threatened. obtained the survey protocol for aquatic listable subspecies, and formal mollusk species under the SMP, and descriptions of the subspecies were in Clarification Regarding Common Names that document identifies Fluminicola n. preparation. Additionally, if our for Two Petitioned Aquatic Mollusks sp. 3 and n. sp. 11 as the Klamath Rim determination of the status of these fish The mollusks petitioned for listing and Fredenburg pebblesnails, as valid subspecies had been incorrect, included the ‘‘diminutive pebblesnail respectively (Furnish et al. 1997, p. 29). the fish would still likely have (Fluminicola n. sp. 3)’’ (CBD et al. 2008, It does not mention the diminutive or constituted distinct vertebrate pp. 9, 44) and the ‘‘nerite pebblesnail nerite pebblesnails, presumably because population segments, and thus qualified (Fluminicola n. sp. 11)’’ (CBD et al. they were not protected by the SMP. as listable entities under section 3(16) of 2008, pp. 9, 46). In our 90-day finding, Accordingly, in this document we will the Act. Mollusk populations are not which was limited in scope to refer to the petitioned mollusk listable entities, unless they also information provided by the petition Fluminicola n. sp. 3 as the Klamath Rim constitute valid species or subspecies, and available in our files, we noted that pebblesnail and to the petitioned because the provision in section 3(16) these mollusks were sometimes referred mollusk Fluminicola n. sp. 11 as the allowing DPSs to be listed only applies to by cited sources other than the Fredenburg pebblesnail, rather than as to vertebrates (16 U.S.C. 1532(16)).

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The eight aquatic mollusks reviewed pebblesnail, Klamath Rim pebblesnail, biological information for these here that have not been formally knobby rams-horn, masked duskysnail, purported species. described are: Basalt juga, cinnamon and tall pebblesnail. Table 1 below juga, Columbia duskysnail, Fredenburg summarizes basic taxonomic and

TABLE 1—BASIC BIOLOGY OF MOLLUSKS LACKING FORMAL DESCRIPTIONS

Common name Description Habitat Known sites

Basalt Shell about 22 by 10 mm *; color bands of Small, gravelly springs with unpolluted 31 sites in Hood River, Sherman, and juga. yellow, brown, pink, white, or tan (Frest water (Frest and Johannes 1995a, p. Wasco Counties, OR; and Klickitat and and Johannes 1999, p. 85). 179). Skamania Counties, WA (BLM 2011, entire). Cinnamon Shell about 15 by 8 mm; cinnamon red Large cold springs and spring runs, with 8 sites in the Shasta Springs complex, juga. but can appear black in the field (Frest sand-cobble substrate or exposed ba- upper Sacramento River, Siskiyou and Johannes 1999, p. 89). salt bedrock (Frest and Johannes 1999, County, CA (Frest and Johannes 1999, p. 90). p. 90). Columbia Shell about 1.7 by 1.4 mm; translucent, Cold, shallow, well-oxygenated, slow-flow- 64 sites in Clackamas, Wasco, Hood duskys- off-white, often with rust to black coat- ing springs and outflows with soft sub- River, and Multnomah Counties, OR; nail. ing (Frest and Johannes 1999, p. 69). strates. (Duncan 2005b, p. 10). and Skamania County, WA (USDA and USDI 2007, p. 93). Fredenbu- Shell about 3 by 2.5 mm; white with Small, shallow, cold spring runs with cob- 19 sites in Jackson County, OR. (Frest rg greenish-yellow outer layer; white, sick- bled substrate (Frest and Johannes and Johannes 1999, p. 30; USDA and pebbles- le-shaped penis. (Frest and Johannes 1999, p. 30). USDI 2007, p. 92). nail. 1999, p. 29). Klamath Shell about 2 by 2 mm; white with green- Shady areas in small, cold, shallow spring 6 sites in southern OR and possibly north- Rim ish-yellow outer layer; sickle-shaped runs with gravel-cobble substrates and ern CA (USDA and USDI 2007, pp. 92, pebbles- penis (Frest and Johannes 1999, p. 25). no large water plants (Frest and Johan- 251). nail. nes 1999, p. 26). Knobby Shell about 6 by 6 mm; reddish-brown Rocky substrates in cold, clear water with 2 sites in Shasta County, CA (USDA and rams- outer layer, keeled with ribs and protu- high dissolved oxygen levels (Frest and USDI 2007, pp. 94, 268). horn. berances (Frest and Johannes 1995b, Johannes 1999, p. 99). p. 57; Frest and Johannes 1999, p. 98). Masked Shell described as up to 2 mm long (Frest Cool-water kettle lakes with oxygenated 3 to 4 sites at two lakes: Curlew Lake, duskys- and Johannes 1995a, p. 185) or as 3 to mud substrates and aquatic plant Ferry County, WA, and Fish Lake, Che- nail. 5 mm long (Frest and Johannes 1999, growth (Duncan 2005e, p. 3). lan County, WA (Duncan 2005e, p. 3; p. 73); mask of black pigment on neck USDA and USDI 2007, p. 94). Some in- and around eyes (Frest and Johannes dications of possible additional sites in 1999, p. 73). ID and OR (ORNHIC 2004u, p. 1). Tall Shell about 4.5 by 3 mm; conical, white Very cold water and cobbled substrate 1 site at Harriman Spring, Klamath Coun- pebbles- with green outer layer; black body ex- (Duncan 2005b, p. 9). ty, OR (Duncan 2005b, p. 9; USDA and nail. cept for white, flanged penis (Frest and USDI 2007, p. 92). Johannes 1999, p. 21). * mm = millimeter.

None of these eight aquatic mollusks evidentiary support of the mollusks’ photographs or drawings of anatomical are included in databases of recognized taxonomic distinctness. Although the features other than the shell. Such data mollusk species, such as the Integrated eight mollusks have been treated by the are often highly distinctive, and are of Taxonomic Information System (ITIS) U.S. Forest Service (USFS) and Bureau key importance in formal descriptions (2010), or Turgeon et al. (1998). All of Land Management (BLM) as distinct (for example, Hershler et al. 2003, pp. eight mollusks were first proposed as entities under the SMP of the Northwest 278–282; Hershler et al. 2007, pp. 407– new species in an unpublished Forest Plan (see Factor D, below), that 419). consultation report produced in 1993 program is not specifically restricted to At the time the petition to list these (Frest and Johannes 1993, pp. 46, 49, 50, species or subspecies, as is the Act aquatic mollusks was first submitted, 59, 62, 67). These eight mollusks have when applied to invertebrates (16 U.S.C. only one of the petitioned mollusks (the been addressed in several subsequent 1532 (16)). nugget pebblesnail) had been formally documents (Frest and Johannes 1999, The unpublished descriptions of these described (CBD et al. 2008, p. 9). Since pp. 21–26, 29–30, 69–76, 85–90, 98– eight mollusks are all primarily based then, an additional five mollusks have 101; Furnish and Monthey 1999, on shell characteristics, with occasional been formally described and thereby Sections 2, 4, 5, entire; Frest and mention of certain characters of the established in the scientific community Johannes 2000, pp. 181, 264, 273, 274; animals themselves (such as color). as valid species. These are the canary ORNHIC 2004a, entire; ORNHIC 2004d, Snail shell characteristics in general can duskysnail, Goose Valley pebblesnail, entire; ORNHIC 2004j, entire; ORNHIC vary due to environmental influences Hat Creek pebblesnail, Potem Creek 2004r, entire; ORNHIC 2004s, entire; including elevation, calcium content of pebblesnail, and Shasta pebblesnail ORNHIC 2004t, entire; ORNHIC 2004u, the surrounding water, and population (Hershler et al. 2003, p. 278; Hershler et entire; ORNHIC 2004v, entire; Duncan density (Minton and Lydeard 2003, p. al. 2007, pp. 407, 409, 412, 415). For 2005b, entire; Duncan 2005e, entire; 76; Chak 2007, p. 3). The informal three of these recently described species USDA and USDI 2007, pp. 92–94, 250– descriptions lack genetic data, data (the canary duskysnail, Goose Valley 252, 257–259, 268–269), but none of regarding microscopic anatomical pebblesnail, and Potem Creek those documents provide peer-reviewed features such as the radula (tongue), and pebblesnail), the formal descriptions

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simply confirm the informal species pebblesnail, Klamath Rim pebblesnail, habitat (perennial and seasonal streams, designations under which they had been knobby rams-horn, masked duskysnail, lakes, ponds, and wetlands) on NWFP petitioned. However, the formal and tall pebblesnail. We, therefore, lands. Riparian reserves are managed to description of the Hat Creek pebblesnail restrict the remainder of our listing maintain and restore water quality, combined into one species two of the status review to the six mollusks aquatic ecosystem physical integrity, petitioned mollusks that had previously constituting listable entities under the instream flows, habitat connectivity, been informally described as separate Act. These are the canary duskysnail, and other natural features of the species (the umbilicate pebblesnail the Goose Valley pebblesnail, the Hat protected riparian and aquatic habitat (Fluminicola n. sp. 19) and the Lost Creek pebblesnail, the nugget (USDA and USDI 1994b, pp. B–11, B– Creek pebblesnail (Fluminicola n. sp. pebblesnail, the Potem Creek 13). Activities with the potential to 20). Similarly, the formal description of pebblesnail, and the Shasta pebblesnail. negatively affect natural features, such the Shasta pebblesnail combined four as logging, road construction and mollusks that had previously been Generally Applicable Federal maintenance, grazing, recreation, informally described as separate species Regulatory Mechanisms mineral management, and fire (Hershler et al. 2007, p. 419)). Three of The Northwest Forest Plan management are closely regulated those had been petitioned for listing within the reserves (USDA and USDI The Northwest Forest Plan (NWFP) is (CBD et al. 2008, p. 9): the flat-top, 1994a, p. 9; USDA and USDI 1994b, pp. a set of amendments to the resource Shasta Springs, and disjunct C–31—C–38). management plans for USFS and BLM pebblesnails (identified as Fluminicola Riparian reserves incorporate buffers lands within the range of the northern n. sp. 3, 4, and 5 in Frest and Johannes of 100 to 300 feet (ft) (30.5 to 91.4 spotted owl (Strix occidentalis caurina) 1995b, pp. 43, 44; but as Fluminicola n. meters (m)) around these aquatic sp. 15, 16, and 17 in Frest and Johannes in western Washington, Oregon, and features (except for wetlands of less 1999, pp. 39, 43, 47 and in CBD et al. northwestern California (referred to than 1 acre (ac) (0.4 hectares (ha)), 2008, p. 9). The fourth, the Sacramento below as NWFP lands) (USDA and USDI which have buffers that extend to the pebblesnail (Fluminicola n. sp. 1) (Frest 1994a, pp. 11, 12). The NWFP was limit of the associated riparian and Johannes 1995b, p. 42) had not been established to protect species commonly vegetation). The six listable aquatic petitioned for listing and was not occurring in late-successional and old- mollusks considered in this review all protected by the SMP (USDA and USDI growth forests, while also allowing for occupy springs (including those forming 2007, pp. 92–94). In describing the sustainable timber production (USDA lakes or ponds) and perennial streams, Shasta pebblesnail, the authors noted and USDI 1994a, p. 3). The NWFP sometimes fish-bearing and sometimes the ‘‘[m]arked shell variation’’ of the established several categories of land not (a stream is considered fish bearing species (Hershler et al. 2007, p. 419). allocations and, with minor exceptions, if it supports any species of fish for any The primary reason for combining restricted timber production to those duration of time) (USDA and USDI multiple informally described mollusks areas designated as Matrix Lands (16 1994b, p. B–14). When any of these six in the formal descriptions of the Hat percent of the total) and to certain mollusks are on NWFP lands in lakes, Creek and Shasta pebblesnails was that Adaptive Management Areas (6 percent ponds, or fish-bearing streams, they are new genetic comparisons had shown of the total) (USDA and USDI 1994a, pp. protected by buffers extending outward those informally described mollusks 6, 7). The NWFP includes two 300 ft (91.4 m) from the streambanks, to were not genetically divergent or subprograms designed to provide the limit of riparian vegetation or to a phylogenetically independent (Hershler additional protections to specific distance equal to the height of two site- et al. 2007, p. 383). Such genetic resources on NWFP lands. The first potential trees, whichever is greater comparisons have not yet been subprogram is the Aquatic Conservation (USDA and USDI 1994a, p. 9). ‘‘Site- published for the remaining Strategy (ACS), which protects aquatic potential tree height’’ refers to the undescribed mollusks. This suggests the and riparian habitat. The second expected height attainable by a mature remaining but undescribed mollusks subprogram is the SMP, which protects conifer growing in the area (Kier may also be determined by future numerous rare species associated with Associates 2011a, p. 2). Average site- taxonomic analyses to represent late-successional or old-growth forests potential tree height for much of the populations of larger-ranging species or that are not adequately protected by Pacific Northwest is about 170 ft (51.8 subspecies. New taxonomic analyses are other provisions of the NWFP (USDA m). When present in non-fish-bearing currently being conducted for a large and USDI 1994a, pp. 9, 10; Olson et al. streams on NWFP lands, the six number of provisionally identified 2007, pp. 1, 2). The ACS and SMP are mollusks are protected by buffers of 150 species in the Fluminicola genus particularly applicable, in varying ft (45.7 m) or equal to the height of one (Johannes 2011, p. 1). Additionally, the degrees, to the six listable aquatic site-potential tree, whichever is greater. establishment of the Shasta pebblesnail mollusks considered here, and are These boundaries may be modified as a single species, despite the marked discussed in more detail below. based on subsequent watershed analysis differences in shell morphology among (USDA and USDI 1994a, p. 10; USDA The Aquatic Conservation Strategy its various populations, indicates that and USDI 1994b, p. B–13)). shell morphology is a relatively poor The ACS was established to protect The second component of the ACS, indicator of species status for at least and restore aquatic ecosystems on key watersheds, establishes specific some of these mollusks. NWFP lands (USDA and USDI 1994b, p. watersheds to be given the highest Accordingly, we conclude that the B–11; Reeves et al. 2006, p. 320). The priority in watershed restoration efforts eight mollusks that have not been ACS includes four components: (USDA and USDI 1994b, p. B–19). None formally described (as listed in Table 1, Riparian reserves, key watersheds, of the key watersheds identified under above) cannot be considered to be watershed analysis, and watershed the ACS are in the known current range listable entities under the Act at this restoration (USDA and USDI 1994a, pp. of, or upstream from, any of the six time, and, therefore, we will not further 9, 10). Of these, riparian reserves are the aquatic mollusks that qualify as listable evaluate the status of these entities. most significant conservation tool for entities (REO 2006, p. 5). Accordingly, These include the Basalt juga, cinnamon the aquatic mollusks considered here. the key watersheds provision of the ACS juga, Columbia duskysnail, Fredenburg Riparian reserves include all aquatic does not affect the conservation of those

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six mollusks, except if new locations of practicality of conducting species in relation to the five factors those species are identified within key predisturbance surveys (surveys provided in section 4(a)(1) of the Act. In watersheds in the future. conducted prior to habitat-disturbing considering what factors might The third component of the ACS, projects) (Molina et al. 2006, p. 311, constitute threats to a species, we must watershed analysis, is a systematic 312). Rare species for which look beyond the simple exposure of the procedure to collect information on and predisturbance surveys are practical are species to a particular factor. Instead we characterize watersheds on NWFP lands in Category A. Thirteen of the 14 must evaluate whether the species may (USDA and USDI 1994b, pp. B–20—B– petitioned aquatic mollusks fall into this respond to the factor in a way that 31). Watershed analysis must be category, including all six of the listable causes actual impacts to the species. If conducted in key watersheds and mollusks (USDA and USDI 2007, pp. there is exposure to a factor and the roadless areas prior to management 92–94). The one exception among the species responds negatively, the factor activities, in riparian reserves prior to petitioned aquatic mollusks is the may be a threat and, during the status changing reserve widths, and in any knobby rams-horn (see Table 1, above), review, we attempt to determine how watershed prior to restoration efforts. which is in Category E (rare, practicality significant a threat it is. The threat is Watershed analysis is recommended for of predisturbance surveys significant if it drives or contributes to all watersheds, and has been conducted undetermined) (Molina et al. 2006, p. the risk of extinction of the species such on an ongoing basis since its inclusion 312; USDA and USDI 2007, p. 94). that the species warrants listing as in the NWFP (USDA 2009, p. 1). For Category A species, the SMP endangered or threatened as those terms Analyses have been conducted for requires predisturbance, strategic are defined by the Act. However, the portions of the upper Sacramento River surveys (conducted in areas not identification of factors that could and lower McCloud River watersheds, currently under consideration for impact a species negatively may not be which support occupied sites of the habitat-disturbing projects), sufficient to compel a finding that the Shasta pebblesnail and nugget management of all known sites to species warrants listing. The pebblesnail, respectively. support species persistence, and annual information must include evidence The final component of the ACS, species reviews (Molina et al. 2006, p. sufficient to suggest that the potential watershed restoration, focuses primarily 312; Olson et al. 2007, abstract). threat has the capacity (is of sufficient on restoring watershed aquatic habitat Numerous such surveys and several magnitude and extent) to affect the through the prevention of road-related annual reviews have been completed species’ status such that it meets the runoff, restoration of riparian (Molina et al. 2006, pp. 312–315; USDA definition of endangered or threatened vegetation, and restoration of instream and USDI 2001, entire; USDA and USDI under the Act. habitat complexity (USDA and USDI 2002, entire; USDA and USDI 2003, 1994b, p. B–31). The Shasta-Trinity and entire). The process of continually Distinct Population Segments Lassen National Forests are currently collecting information through surveys, After considering the five factors, we planning or implementing several such and of summarizing and updating the assess whether each species is watershed restoration projects (USDA information in annual reviews, endangered or threatened throughout all 2012a, pp. 4, 5; USDA 2012b, pp. 3, 5), produces an adaptive management of its range. Generally, we next consider although none of the currently active approach to guide conservation and in our findings whether a DPS or any projects involve locations near sites mitigation measures for rare species significant portion of the species’ range occupied by the mollusks addressed in associated with late-successional or old- meets the definition of endangered or is this status review at the present time. growth forests (Olson et al. 2007, p. 2). likely to become endangered in the foreseeable future (threatened). The The Survey and Manage Program Summary of Procedures for inclusion of DPSs in the definition of The SMP, like the ACS, was Determining the Listing Status of species under paragraph 3(16) of the Act established under the NWFP and is Species only applies to vertebrate fish or particularly applicable, in varying Review of Status Based on Five Factors wildlife. Therefore, our Policy degrees, to the six listable aquatic Regarding the Recognition of Distinct mollusks considered here. The six Section 4 of the Act (16 U.S.C. 1533) and implementing regulations (50 CFR Vertebrate Population Segments Under mollusks were protected under the SMP the Endangered Species Act (DPS (when on Federal lands subject to the part 424) set forth procedures for adding species to, removing species from, or Policy) (61 FR 4722; February 7, 1996) NWFP), but the SMP program was is not applicable to mollusks and no discontinued in 2007 (USDA and USDI reclassifying species on the Federal Lists of Endangered and Threatened population segments under review 2007, pp. xii, xiii; CBD et al. 2008, p. Wildlife and Plants. Under section could qualify as a DPS under the Act. 5). The SMP was subsequently 4(a)(1) of the Act, a species may be Although our DPS Policy is not reinstated in accordance with a court- determined to be endangered or applicable to mollusks, we do determine approved settlement agreement in 2011 threatened based on any of the in our findings whether a mollusk (Conservation Northwest v. Sherman following five factors: species is endangered or threatened in 2011, C08–1067–JCC, p. 2), and is being (A) The present or threatened a significant portion of its range. implemented in accordance with the destruction, modification, or Significant Portion of the Range 2001 Record of Decision. All of the curtailment of its habitat or range; aquatic mollusks petitioned in 2008 (B) Overutilization for commercial, Under the Act and our implementing (both formally described and otherwise) recreational, scientific, or educational regulations, a species may warrant are protected where they occur on purposes; listing if it is endangered or threatened NWFP lands (Conservation Northwest v. (C) Disease or predation; throughout all or a significant portion of Sherman 2011, C08–1067–JCC, (D) The inadequacy of existing its range. The Act defines ‘‘endangered Document 81–2, pp. 6, 7). Refinements regulatory mechanisms; or species’’ as any species which is ‘‘in to the SMP in 2001 established six (E) Other natural or manmade factors danger of extinction throughout all or a species categories with differing affecting its continued existence. significant portion of its range,’’ and mitigation requirements based on the In making these findings, we discuss ‘‘threatened species’’ as any species species’ conservation status and on the information below pertaining to each which is ‘‘likely to become an

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endangered species within the species may be endangered or characteristics of a species and its foreseeable future throughout all or a threatened throughout all of its range; or habitat that allow it to recover from significant portion of its range.’’ The a species may be endangered or periodic disturbance. Redundancy definition of ‘‘species’’ is also relevant threatened in only a significant portion (having multiple populations to this discussion. The Act defines of its range. If a species is in danger of distributed across the landscape) may be ‘‘species’’ as follows: ‘‘The term extinction throughout a significant needed to provide a margin of safety for ‘species’ includes any subspecies of fish portion of its range, the species is an the species to withstand catastrophic or wildlife or plants, and any DPS of ‘‘endangered species.’’ The same events. Representation (the range of any species of vertebrate fish or wildlife analysis applies to ‘‘threatened species.’’ variation found in a species) ensures which interbreeds when mature.’’ The Based on this interpretation and that the species’ adaptive capabilities phrase ‘‘significant portion of its range’’ supported by existing case law, the are conserved. Redundancy, resiliency, (SPR) is not defined by the statute, and consequence of finding that a species is and representation are not independent we have never addressed in our endangered or threatened in only a of each other, and some characteristic of regulations: (1) The consequences of a significant portion of its range is that the a species or area may contribute to all determination that a species is either entire species shall be listed as three. For example, distribution across a endangered or likely to become so endangered or threatened, respectively, wide variety of habitat types is an throughout a significant portion of its and the Act’s protections shall be indicator of representation, but it may range, but not throughout all of its applied across the species’ entire range. also indicate a broad geographic range; or (2) what qualifies a portion of We conclude, for the purposes of this distribution contributing to redundancy a range as ‘‘significant.’’ finding, that interpreting the significant (decreasing the chance that any one Two recent district court decisions portion of its range phrase as providing event affects the entire species), and the have addressed whether the SPR an independent basis for listing is the likelihood that some habitat types are language allows the Service to list or best interpretation of the Act because it less susceptible to certain threats, protect less than all members of a is consistent with the purposes and the contributing to resiliency (the ability of defined ‘‘species’’: Defenders of Wildlife plain meaning of the key definitions of the species to recover from disturbance). v. Salazar, 729 F. Supp. 2d 1207 (D. the Act; it does not conflict with None of these concepts is intended to be Mont. 2010), concerning the Service’s established past agency practice (i.e., mutually exclusive, and a portion of a delisting of the Northern Rocky prior to the 2007 Solicitor’s Opinion), as species’ range may be determined to be Mountain gray wolf (74 FR 15123, April no consistent, long-term agency practice ‘‘significant’’ due to its contributions 2, 2009); and WildEarth Guardians v. has been established; and it is consistent under any one or more of these Salazar, 2010 U.S. Dist. LEXIS 105253 with the judicial opinions that have concepts. (D. Ariz. September 30, 2010), most closely examined this issue. For the purposes of this finding, we concerning the Service’s 2008 finding Having concluded that the phrase determine if a portion’s biological on a petition to list the Gunnison’s ‘‘significant portion of its range’’ contribution is so important that the prairie dog (73 FR 6660, February 5, provides an independent basis for portion qualifies as ‘‘significant’’ by 2008). The Service had asserted in both listing and protecting the entire species, asking whether without that portion, the of these determinations that it had we next turn to the meaning of representation, redundancy, or authority, in effect, to protect only some ‘‘significant’’ to determine the threshold resiliency of the species would be so members of a ‘‘species,’’ as defined by for when such an independent basis for impaired that the species would have an the Act (i.e., species, subspecies, or listing exists. increased vulnerability to threats to the DPS), under the Act. Both courts ruled Although there are potentially many point that the overall species would be that the determinations were arbitrary ways to determine whether a portion of in danger of extinction (i.e., would be and capricious on the grounds that this a species’ range is ‘‘significant,’’ we ‘‘endangered’’). Conversely, we would approach violated the plain and conclude, for the purposes of this not consider the portion of the range at unambiguous language of the Act. The finding, that the significance of the issue to be ‘‘significant’’ if there is courts concluded that reading the SPR portion of the range should be sufficient resiliency, redundancy, and language to allow protecting only a determined based on its biological representation elsewhere in the species’ portion of a species’ range is contribution to the conservation of the range that the species would not be in inconsistent with the Act’s definition of species. For this reason, we describe the danger of extinction throughout its ‘‘species.’’ The courts concluded that threshold for ‘‘significant’’ in terms of range if the population in that portion once a determination is made that a an increase in the risk of extinction for of the range in question became species (i.e., species, subspecies, or the species. We conclude that a extirpated (extinct locally). DPS) meets the definition of biologically based definition of We recognize that this definition of ‘‘endangered species’’ or ‘‘threatened ‘‘significant’’ best conforms to the ‘‘significant’’ (a portion of the range of species,’’ it must be placed on the list purposes of the Act, is consistent with a species is ‘‘significant’’ if its in its entirety and the Act’s protections judicial interpretations, and best contribution to the viability of the applied consistently to all members of ensures species’ conservation. Thus, for species is so important that, without that species (subject to modification of the purposes of this finding, and as that portion, the species would be in protections through special rules under explained further below, a portion of the danger of extinction) establishes a sections 4(d) and 10(j) of the Act). range of a species is ‘‘significant’’ if its threshold that is relatively high. On the Consistent with that interpretation, contribution to the viability of the one hand, given that the consequences and for the purposes of this finding, we species is so important that without that of finding a species to be endangered or interpret the phrase ‘‘significant portion portion, the species would be in danger threatened in a significant portion of its of its range’’ in the Act’s definitions of of extinction. range would be listing the species ‘‘endangered species’’ and ‘‘threatened We evaluate biological significance throughout its entire range, it is species’’ to provide an independent based on the principles of conservation important to use a threshold for basis for listing; thus there are two biology using the concepts of ‘‘significant’’ that is robust. It would not situations (or factual bases) under which redundancy, resiliency, and be meaningful or appropriate to a species would qualify for listing: a representation. Resiliency describes the establish a very low threshold whereby

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a portion of the range can be considered in the remainder of the range to be Canary Duskysnail (Colligyrus ‘‘significant’’ even if only a negligible endangered; rather, the complete convexus) increase in extinction risk would result extirpation (in a hypothetical future) of Species Information for the Canary from its loss. Because nearly any portion the species in that portion would be Duskysnail of a species’ range can be said to required to cause the species in the contribute some increment to a species’ remainder of the range to be Taxonomy and Species Description viability, use of such a low threshold endangered. The canary duskysnail was formally would require us to impose restrictions The range of a species can named and described in 2003 (Hershler and expend conservation resources theoretically be divided into portions in et al. 2003, p. 278). Prior to that it was disproportionately to conservation referred to as ‘‘Lyogyrus n. sp. 3’’ (Frest benefit: listing would be rangewide, an infinite number of ways. However, there is no purpose to analyzing and Johannes 1999, pp. 77–78; Hershler even if only a portion of the range of et al. 2003, p. 278; USDA and USDI minor conservation importance to the portions of the range that have no reasonable potential to be significant or 2007, pp. 93, 169), and also as species is imperiled. On the other hand, ‘‘Lyogyrus n. sp. 1’’ (Frest and Johannes it would be inappropriate to establish a to analyzing portions of the range in which there is no reasonable potential 1995b, p. 50). Although the canary threshold for ‘‘significant’’ that is too duskysnail was considered to be in the high. This would be the case if the for the species to be endangered or threatened. To identify only those Hydrobiidae family by earlier authors standard were, for example, that a (Frest and Johannes 1995b, p. 50; Frest portion of the range can be considered portions that warrant further consideration, we determine whether and Johannes 1999, p. 13), and was ‘‘significant’’ only if threats in that referred to as such in the listing petition there is substantial information portion result in the entire species being (CBD et al. 2008, p. 9), it was placed in indicating that: (1) The portions may be currently endangered or threatened. the family Amnicolidae when it was ‘‘significant,’’ and (2) the species may be Such a high bar would not give the formally described (Hershler et al. 2003, significant portion of its range phrase in danger of extinction there or likely to p. 278). It is a small (1.4 to 1.9 independent meaning, as the Ninth become so within the foreseeable future. millimeters (mm) 0.06 to 0.07 inches Circuit held in Defenders of Wildlife v. Depending on the biology of the species, (in)), aquatic snail with a yellowish Norton, 258 F.3d 1136 (9th Cir. 2001). its range, and the threats it faces, it shell, sometimes with weakly striped The definition of ‘‘significant’’ used in might be more efficient for us to address markings on the whorls. It is this finding carefully balances these the significance question first or the distinguishable from the other two concerns. By setting a relatively high status question first. Thus, if we species in its genus by its smaller size, threshold, we minimize the degree to determine that a portion of the range is the highly convex whorls on the main which restrictions will be imposed or not ‘‘significant,’’ we do not need to part of its shell, and the waviness of the resources expended that do not determine whether the species is shell near the opening (Hershler et al. contribute substantially to species endangered or threatened there; if we 2003, p. 278). conservation. But we have not set the determine that the species is not threshold so high that the phrase ‘‘in a endangered or threatened in a portion of Distribution significant portion of its range’’ loses its range, we do not need to determine The canary duskysnail is known from independent meaning. Specifically, we if that portion is ‘‘significant.’’ In a total of 21 sites in Shasta County, have not set the threshold as high as it practice, a key part of the determination California, including 9 along the lower was under the interpretation presented that a species is in danger of extinction Pit River (California Natural Diversity by the Service in the Defenders in a significant portion of its range is Database (CNDDB) 2012, pp. 1–5; litigation. Under that interpretation, the whether the threats are geographically Johannes 2012a, pp. 2–7; Pacific Gas portion of the range would have to be concentrated in some way. If the threats and Electric Company (PGE) 2011, pp. so important that current imperilment to the species are essentially uniform 26, 37; Johannes 2012b, p. 11; PGE 2012, there would mean that the species throughout its range, no portion is likely p. 27). Of those 21 sites, 7 are on Federal would be currently imperiled to warrant further consideration. land covered by the NWFP, 1 is on an everywhere. Under the definition of Moreover, if any concentration of Indian Public Domain Allotment (PDA), ‘‘significant’’ used in this finding, the threats to the species occurs only in 3 are in State parks, and 10 are on portion of the range need not rise to portions of the species’ range that privately owned lands. Repeat site such an exceptionally high level of clearly would not meet the biologically monitoring at eight of those sites (see biological significance. (We recognize based definition of ‘‘significant,’’ such Factor A, below) shows large shifts in that if the species is imperiled in a portions will not warrant further population density and in presence or portion that rises to that level of consideration. absence of canary duskysnails at any biological significance, then we should given site. Site locations fall into three conclude that the species is in fact Evaluation of the Status of Each of the broad areas: The lower Pit River and imperiled throughout all of its range, Six Mollusk Species That Are Listable nearby Burney Creek (11 sites), Hat and that we would not need to rely on Entities Creek (2 sites), and the upper Fall and the significant portion of its range Tule River area (8 sites). language for such a listing.) Rather, For each of the six listable aquatic under this interpretation we ask mollusk species considered, we provide Habitat and Biology whether the species would be a description of the species and its life The canary duskysnail typically endangered everywhere without that history and habitat, an evaluation of occurs in shallow water on the portion, i.e., if that portion were listing factors, and our finding as to undersides of boulders and cobbles in completely extirpated. In other words, whether the petitioned action is pond springs and wetted areas near the portion of the range need not be so warranted throughout its range. We then streambeds (the hyporheic zone) important that even the species being in address whether the species may be (Hershler et al. 2003, pp. 280, 284). It is danger of extinction in that portion considered endangered or threatened in most likely a grazer on perilithon, the would be sufficient to cause the species any significant portion of its range. community of small organisms such as

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algae, protozoa, and bacteria growing in 2018, and every 4 years thereafter town of Cassel (Service 1998, pp. 20, underwater on stones (Frest and until the expiration of the license in 43). Abundant canary duskysnails were Johannes 1995b, p. 81; Furnish and 2043 (PGE 2012, p. 1). Following found at the site in 2001, under cobbles Monthey 1999, Sect. 4, p. 9). It is most monitoring in 2009, PGE decided to near the outflow of Crystal Lake, a commonly found in areas lacking cover monitor for mollusks in 2010 as well spring-fed water body that abuts and from aquatic plants, often in association (PGE 2010, p. 54; PGE 2011, p. 1). empties into Baum Lake (CNDDB 2012, with the Shasta crayfish (Pacifastacus Accordingly, we now have 3 years of p. 4; Johannes 2012a, pp. 4, 5). Although fortis). It is found in, and is likely survey data (2009–2011) for a total of 12 the best available information does not dependent on, water that is cold, clear, sites in the Pit River (four sites indicate the fate of that population, its well-oxygenated, and unpolluted (Frest downstream of each dam) (PGE 2011, presence in 2001 and the abundant and Johannes 1995b, p. 3). It is often pp. 26, 37; PGE 2012, p. 27). The number of individual snails found at found in spring flows or in spring- surveys found canary duskysnails at 8 of that time suggest the impoundment of influenced streams (Service 1998, p. 20; those 12 sites (as well as nugget Baum Lake does not constitute a threat. Frest and Johannes 1999, p. 78). The pebblesnails at all 12 sites, as discussed Three other occupied sites (identified in canary duskysnail is a short-lived below). A ninth site in the Pit River the source material as locations 102, species (1 to occasionally 2 years) that with canary duskysnails (as mentioned 412, and 514) are located on the margins only reproduces once before dying above) was not in a monitored location of spring-fed natural lakes in water (Frest and Johannes 1995b, p. 4; Furnish (Hershler et al. 2003, p. 280; CNDDB bodies draining into the Fall River and Monthey 1999, Sect. 4, p. 7). Eggs 2012, p. 2; Johannes 2012a, p. 2). (Johannes 2012a pp. 3, 6), so the species are likely laid in the spring and hatch Four of the eight monitored occupied is capable of surviving in slow-moving in 2 to 4 weeks (Furnish and Monthey sites are in the Pit 3 reach, which is the lake waters fed by nearby springs. 1999, Sect. 4, p. 7). farthest upstream (PGE 2011, pp. 26, 37; PGE 2012, p. 27). During 2009, that Water Quality Five-Factor Evaluation of Threats for the reach also showed the lowest average The Pit River is considered a water- Canary Duskysnail water discharge rates, lowest average quality limited segment for 198 Factor A. The Present or Threatened water temperatures, and produced the kilometers (km) (123 miles (mi)) Destruction, Modification, or highest average densities of canary upstream of Shasta Lake; including the Curtailment of Its Habitat or Range duskysnails, thus tending to support the locations of all nine canary duskysnail idea that canary duskysnails benefit sites known from the Pit River (State Impoundments from lower discharge rates from the Water Resources Control Board Nine of the 21 occupied sites are in dams (PGE 2010, p. 35; PGE 2011, pp. (SWRCB) 2010a, p. 164). Nutrients from or along the lower Pit River below Lake 26, 37; PGE 2012, p. 27). However, as cattle defecation and fertilizers applied Britton (PGE 2011, pp. 26, 37; Johannes average water discharge rates increased in the course of agriculture enter the Pit 2012b, p. 11; PGE 2012 p. 27). PGE in the Pit 3 reach from 150 cubic ft per River, where they promote algal growth maintains three dams in this area: Pit 3, second (cfs) in 2009 to 350 cfs in 2011, that decreases oxygen levels and 4, and 5 (PGE 2010, p. 5). Each dam and as average water temperatures increases water temperature. However, sends water from its associated reservoir increased as well from approximately 60 as discussed above with respect to through tunnels to power-generating to about 63 degrees Fahrenheit (°F) (15.4 impoundments, the only population stations located just above the reservoirs to 17.2 degrees Celsius (°C)), canary trend data available for the canary of the next dam downstream. Flows in duskysnail densities rose from 20 to 53 duskysnail does not show clearly the natural river channel below each snails per square meter (16.7 to 44.3 decreasing populations, despite any dam (referred to as the Pit 3, 4, and 5 snails per square yard) at one location temperature increases or oxygen reaches) have in the past consisted (their highest density in the study), and decreases that may be attributable to primarily of water from springs and dropped from 50 to 0 snails per square water quality. minor tributaries emptying below each meter (41.8 to 0 snails per square yard) PGE will continue to monitor mollusk dam. In 2007, however, the Pit 3, 4, and at another location. The populations populations annually as discussed 5 dams were issued a new operating thus showed strong fluctuations, with above (PGE 2012, p. 1), so if impacts license that required increased releases widely differing responses to increasing from Pit water quality or from the of surface water from the reservoirs into flows. Similarly, in the Pit 5 reach, 37 releases themselves do develop, they their associated reaches (PGE 2010, p. snails per square meter (30.9 snails per should be detected. The operating 2). These releases have the potential to square yard) were found in 2011 (the license for the dams includes an negatively impact the canary duskysnail year of highest flows) at a location that adaptive management plan for because reservoir surface water tends to had supported no snails in the 2 responding to negative impacts detected be warmer than spring or creek water previous years. All other occupied by the monitoring program (PGE 2008, (Ellis 2012, p. 1). Because the dams locations had comparatively low pp. 3–6). The Service serves on the initially lacked the infrastructure to population densities, and only one of Technical Review Group which release the required amounts of those showed a clear drop in population recommends specific adaptive instream water, the required amounts density over the 3-year monitoring management responses (PGE 2008, p. 2), were not achieved until 2011 (PGE period (from 4 to 0 snails per square and so will remain informed of the 2012, p. 1). In accordance with a meter (3.3 to 0 snails per square yard)). effectiveness of those responses. Seven facilities modification plan, interim Therefore, we conclude there are no of the nine occupied locations on the Pit flow releases of approximately half the clear trends in observed survey data River are on Federal land (either Shasta- required amounts were authorized for attributable to changes in flow releases Trinity National Forest or Lassen 2008 through 2010 while the flow from dams. National Forest) within the area covered release structures of the dams were The only other occupied site by the NWFP. Activities on those lands improved (PGE 2010, pp. 1, 2). potentially affected by an impoundment with the potential to affect water quality PGE was also required by the is at Baum Lake (CNDDB 2012, p. 4; (or to affect the populations directly) relicensing requirements to conduct Johannes 2012a, pp. 4, 5), a PGE-owned would have to meet the requirements of mollusk surveys in 2009, in 2011–2015, reservoir on Hat Creek, just north of the the SMP and the ACS, as discussed

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above. For instance, logging or road 1999, Sect. 4, pp. 10, 11; Johannes permanently lost due to habitat construction in the vicinity of the Pit 2012a, pp. 2–7; Johannes 2012b, p. 11; modifications, although population River or its tributaries (on Federal lands PGE 2011, pp. 26, 37; PGE 2012 p. 27). fluctuations at some of the monitored within the NWFP area) would be subject The SMP (discussed above) has also sites included densities of zero during to buffers for riparian reserves been reinstated on Federal lands subject some years. No cause of the fluctuations established under the ACS as well as to the NWFP. Various habitat at the monitored sites was evident. We predisturbance surveys and mitigation improvement measures have been therefore conclude, based on the best as required by the SMP. carried out in the upper Fall River available scientific and commercial There are no locations occupied by drainage, where the majority of data, that the present or threatened canary duskysnails on the Pit River occupied sites on private land are destruction, modification or curtailment upstream of the Pit 3 dam at Lake located (FRRCD 2005, pp. 1–3). Habitat of its habitat or range does not Britton. However, there are two improvements include exclusion constitute a significant threat to the locations each on Burney Creek and Hat fencing to keep cattle from streambanks, species now or in the future. Creek, which both flow into Lake bank stabilization projects, and the Factor B. Overutilization for Britton. The remaining eight canary replacement and upgrade of a railroad Commercial, Recreational, Scientific, or duskysnail locations are in the Fall crossing that had collapsed twice in the Educational Purposes River drainage, generally at the past (producing extensive siltation on headwater springs (Service 2012a, p. 1). those occasions) (FRRCD 2005, p. 2; Our review of the best available Neither Burney Creek nor Hat Creek is Ellis and Haley 2012, p. 1). Landowners scientific and commercial information considered water-quality limited also took steps to reduce the potential yielded nothing to indicate that (SWRCB 2010a, entire; SWRCB 2010b, for serious wildfires and to prevent overutilization for commercial, entire; SWRCB 2010c, entire). However, erosion of sediment from a nearby recreational, scientific, or educational the Fall River is affected by meadow (FRRCD 2005, p. 3). In Hat purposes is occurring at this time or is sedimentation extending far enough Creek, grazing has been eliminated in likely to occur in the future. We upstream to reach the southernmost of the general vicinity of the PGE dams therefore conclude such overutilization the eight sites in the drainage occupied since 2001 (Stewardship Council 2007, does not constitute a threat to the canary by canary duskysnails (SWRCB 2010a, Vol. 2, p. PM–31). Grazing has also been duskysnail. p. 148; SWRCB 2011, p. 2). The eliminated from lands surrounding the Factor C. Disease or Predation sedimentation was caused by historical two privately owned sites occupied by land management activities, and is not canary duskysnails in the lower Pit Disease likely to constitute a threat to the other River. Forestry has been eliminated in We reviewed the best available sites (Fall River Resource Conservation areas near those sites conducted in scientific and commercial information District (FRRCD) 2005, pp. 1–3; SWRCB accordance with a conservation plan regarding this species and other similar 2010a, p. 148). developed and implemented by a species, and found no evidence to A final area with impaired water nonprofit land-management corporation indicate that disease is impacting canary quality is Eastman Lake, at the (see Grazing and Logging under Nugget duskysnail populations. headwaters of the Little Tule River, a Pebblesnail, below) (Stewardship Predation tributary of the Fall River (SWRCB Council, Vol. 2, pp. PM 38, 40, 41, 48, 2010a, p. 148; SWRCB 2011, p. 1). One 50). There is the potential for increased canary duskysnail site (514) is located at The Shasta crayfish is a federally predation on canary duskysnails due to the lake, while two others (102, 263) are endangered species that shares the introduction of the signal crayfish just upstream of the inlet (Johannes essentially the same native range and (Pacifastacus leniusculus) into the mid- 2012a, pp. 3, 4, 6). At an average pH of habitat requirements as the canary Pit River drainage in the late 1970s, and 8.64, the lake water is slightly more duskysnail (Service 2009, pp. 4–6). The its subsequent expansion throughout the alkaline than the established water two species often co-occur at the same area during the 1990s and early 2000s quality objective range of 6.5 to 8.5 locations (Hershler et al. 2003, p. 280). (Ellis 1999, pp. 12, 57, 58; Service 2009, (SWRCB 2010d, pp. 6, 7). The reason for When we listed the Shasta crayfish in p. 10). The signal crayfish, which is the increased alkalinity is unknown, as 1988, we identified grazing, pollution, native to Oregon, Washington, and more is the optimal pH range for the canary and water use for residential coastal portions of northwest California, duskysnail. However, acidic waters (pH development as threats to the species is a faster growing, faster reproducing 5 and below) can interfere with shell (Service 1988, p. 38463). In our 2009 relative of the Shasta crayfish, with a production, so freshwater snails are review of the species’ status, however, greater tolerance for warmer water (Ellis generally found in waters that are at we determined those practices no longer 1999, pp. 2, 9, 12, 13; Service 2009, p. least somewhat alkaline (Wyoming constitute significant impacts to the 9; PGE 2011c, p. 25). The signal crayfish Game and Fish Department (WGFD) species (Service 2009, p. 9). now occurs in all the general locations 2005, p. 548). occupied by the canary duskysnail Summary of Factor A (Service 2009, pp. 5, 10; PGE 2011b, pp. Other Habitat-Related Impacts In summary, no clear population 4, 10, 23) and is a generalist feeder with Grazing, spring diversions, road trends in response to habitat a diet that very likely includes aquatic construction, and railroad construction modifications are evident at any of the snails (Lorman and Magnuson 1978, p. have all been mentioned as possible sites occupied by canary duskysnails, 9; Ellis 1999, pp. 55, 56). threats to the canary duskysnail including the eight sites monitored by Experiments conducted with another (Furnish and Monthey 1999, Sect. 4, p. PGE. The release of additional Pit River species of crayfish in Wisconsin 14; Service 2011, p. 61831). However, waters from the dams under PGE’s new indicate that dense crayfish populations since the time of Furnish and Monthey’s licensing agreements does not appear to can significantly impact prey conclusions in 1999, the number of have resulted in adverse effects on populations, including aquatic snails known locations has increased from 2 to downstream canary duskysnail (Lorman and Magnuson 1978, p. 9). 21, 10 of which are on protected State populations. We also know of no However, the best available scientific or Federal lands (Furnish and Monthey occupied sites that have been and commercial information does not

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indicate how dense crayfish populations Lake on Hat Creek (Service 2009, p. 9; adequacy to address threats is not must generally be in order to impact Johannes 2012a, pp. 2–7). Monitoring applicable. Consequently, after populations of aquatic snails. The best has shown that the occupied locations reviewing the best available commercial available scientific and commercial within these general areas may support and scientific information, we conclude information does not provide data on relatively high numbers of Shasta that the inadequacy of existing population density trends for crayfish crayfish, or of signal crayfish, but not of regulatory mechanisms is not a threat to and aquatic snails at the same locations. both (Service 2009, p. 9). As signal the canary duskysnail now or in the Although PGE conducted both crayfish crayfish numbers increase at a given future. and mollusk surveys at various location, the numbers of Shasta crayfish locations in the Pit 4 reach, the drop dramatically (Ellis 1999, pp. 57, Factor E. Other Natural or Manmade surveyed sites did not overlap (PGE 58). Factors Affecting Its Continued 2010, p. 7, PGE 2011b, p. 4). Crayfish Hence, the available evidence does Existence were surveyed at foothill yellow-legged not support the contention that signal Competition With Invasive Species frog breeding sites, and one such site crayfish are present in the range of the New Zealand mudsnails canary duskysnail in sufficiently high (Canyon Creek 45.8) appears to overlap (Potamopyrgus antipodarum) are 4 to 6 densities to pose a predation risk to the a surveyed mollusk site referred to as mm (0.12 to 0.24 in) aquatic snails that canary duskysnail, either by themselves Malinda Ridge by mollusk surveyors. are extremely prolific and can reach or in combination with the native However, Canyon Creek 45.8 was one of densities of hundreds of thousands per Shasta crayfish. Furthermore, the the frog breeding sites at which square meter in waters outside their information does not indicate any trend conditions did not allow crayfish native New Zealand (National Biological in the densities of the two crayfish that surveys (due to risk of injuring frog Information Infrastructure (NBII) 2011, eggs) (PGE 2011b, pp. 10, 21–23). would lead us to a conclusion that the pp. 1, 2). They are carried to new areas We do know that average densities of predation risk would increase in the on boots, fishing equipment, boats, or in signal crayfish remained at 3 per square future. meter in the Pit 4 reach from 2008 We therefore conclude, based on the the digestive systems of birds and fish, through 2011 (PGE 2011b, p. 10, PGE best available scientific and commercial and are capable of colonizing locations 2012b, p. 9), despite increasingly large information, that neither disease nor with a wide variety of substrates, releases of warmer surface water from predation constitutes a significant threat temperatures, and currents (NBII 2011, reservoirs during those years (PGE 2010, to the species now or in the future. pp. 1–3). In the western United States, p. 35; PGE 2011, p. 24; PGE 2011b, p. New Zealand mudsnail populations Factor D. The Inadequacy of Existing typically consist almost entirely of iii; PGE 2012, p. 24) that might be Regulatory Mechanisms expected to have benefitted signal parthenogenic (asexually reproducing) crayfish (Service 2009, p. 9). Although Under this factor, we examine females born with embryos already average densities remained steady whether existing regulatory mechanisms developing in their reproductive during the monitoring period, maximum are inadequate to address the threats to systems (NBII 2011, p. 4; Crosier and densities of signal crayfish decreased the species discussed under the other Molloy, undated, p. 1). from 14 to 7 per square meter (PGE factors. Section 4(b)(1)(A) of the Act New Zealand mudsnails typically eat 2011b. p. 10; PGE 2012b, p. 9). The requires the Service to take into account detritus (decaying organic matter), sampled averages of 3 per square meter ‘‘those efforts, if any, being made by any diatoms (a type of plankton), and are very close to the average densities of State or foreign nation, or any political periphyton (essentially the same as 2.85 crayfish per square meter estimated subdivision of a State or foreign nation, perilithon except on underwater for the native Shasta crayfish at Lava to protect such species * * *’’. We surfaces of vascular plants rather than Creek (upper Fall River drainage) in interpret this language to require the rock surfaces) (Frest and Johannes 1990 (Ellis 1999, p. 58), and therefore Service to consider relevant Federal, 1995b, p. 81; NBII 2011, p. 4). Although suggest that they are close to the native State, and Tribal laws and regulations they reach their highest numbers in crayfish densities with which the canary when developing our threat analyses. areas with numerous vascular water duskysnail evolved. The crayfish Regulatory mechanisms, if they exist, plants, they can also dominate areas that density surveys at Pit 4 reach also may preclude the need for listing if we lack such plants (Hall et al. 2006, pp. provide some evidence to suggest that determine that such mechanisms 1122, 1126), indicating they eat signal crayfish densities are remaining adequately address the threats to the perilithon as necessary. As discussed stable in that area, despite warmer water species such that listing is not above, perilithon is likely the primary temperatures from increased flows of warranted. The analysis of threats to the food source of the canary duskysnail reservoir surface water. canary duskysnail under the other (Furnish and Monthey 1999, Sect. 4, p. The evidence also does not support factors included consideration of the 9). One study found that New Zealand the possibility that, in areas occupied by ameliorative effects of regulatory mudsnails reached higher numbers in canary duskysnails, populations of mechanisms where applicable, such as areas with stable hydrological flows and signal and Shasta crayfish might overlap those discussed under Factor A and relatively warm water temperatures to produce unusually high combined under Generally Applicable Federal (averaging 18 °C (64.4 °F) as compared crayfish densities. The known range of Regulatory Mechanisms, above. to an average 6 °C (42.8 °F) in their the Shasta crayfish does not extend into Having evaluated the significance of native New Zealand) (Hall et al. 2006, Burney Creek or the lower Pit River the threat as mitigated by any such p. 1128). As discussed below under (below Lake Britton) (Service 2009, pp. conservation efforts, we analyze under Changes in Precipitation and Water 3–5), so the 11 canary duskysnail sites Factor D the extent to which existing Availability Due to Climate Change, the in those areas are only subject to regulatory mechanisms are inadequate springs with which canary duskysnails potential impacts from signal crayfish. to address the specific threats to the are associated tend to be highly stable Two general areas that support canary species. We found no significant threats in flow (Service 1998, p. 46). Average duskysnails are known to support both to the canary duskysnail under the other summer water temperatures for 2009 species of crayfish: The upper Fall River factors, therefore, the analysis of any through 2011 measured in the lower Pit drainage and the area around Baum existing regulatory mechanisms’ River near sites occupied by canary

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duskysnails ranged from 17.1 to 19.9 °C Pit 4 reservoir is more difficult, and nine occupied sites in the Pit River (62.8 to 67.8 °F) (PGE 2012, p. 24). Sites boating is not currently allowed below Lake Britton, siltation would be supporting canary duskysnails are thus (Stewardship Council, Vol. 2. pp. PM– expected to collect in the Pit 3, 4, and not ideal for New Zealand mudsnails 48, PM–49). Thus, if a boat 5 reservoirs, and to wash out of the river due to the lack of vascular plants, but inadvertently carrying New Zealand portions below each dam fairly quickly they do provide favorable flow and mudsnails were to be towed from the due to required flow releases temperature characteristics that could Bridge Bay Marina to some body of established by the dam operating facilitate the growth and competitive water in the range of the canary requirements (see Impoundments, ability of any New Zealand mudsnail duskysnail, the most likely such above). The remaining 12 sites are populations that became established at location would be Lake Britton. spread out over 3 major areas, with 8 those sites. However, virtually the entire extent of sites in the upper Fall River watershed, Because of their high reproductive the canary duskysnail’s range supports and 2 each in Burney Creek (in rate, wide habitat tolerance, and few fisheries (Stewardship Council, Vol. 2. McArthur-Burney Falls State Park), and effective parasites or predators outside pp. PM–21, PM–31, PM–49), so it would Hat Creek (near Cassel, CA). The closest of their native waters, New Zealand be possible for New Zealand mudsnails distances between these locations range mudsnails are capable of outcompeting to be carried on fishing waders from an from 12 km (7.5 mi) (Burney Creek to most native aquatic snails for food and infested fishing spot (presumably farther Hat Creek) to 20 km (12.4 mi) (upper space (NBII 2011, pp. 1, 2). They are downstream on the Sacramento River, Fall River to Hat Creek). A fire would extremely difficult to eradicate once rather than at the Bridge Bay Marina have to be extremely large and precisely established (NBII 2011, pp. 3, 4). itself) to almost anywhere in the range positioned to encompass two such In 2007, New Zealand mudsnails (NBII 2011, p. 3; Emery 2012, p. 1). areas. Additionally, the occupied sites became established at the Bridge Bay Once established at one location along the lower Pit River and in upper Marina on Shasta Lake near Interstate 5 within the range of the canary Fall River watershed are likely to benefit (United States Geological Survey duskysnail, the likelihood of infestation from fire prevention and fuel reduction (USGS) 2009a, pp. 1, 2; USGS 2009b, p. at other such locations would increase. activities conducted by the Shasta- 1; McAlexander 2012a, p. 1). The aerial However, to compete directly with Trinity National Forest (USDA 2012a, distance between that location and the canary duskysnails, the New Zealand pp. 1–15, 17–19), the Lassen National nearest known site occupied by the mudsnail would have to establish itself Forest (USDA 2012b, pp. 1, 3–7, 9–12), canary duskysnail is about 48 km (30 at the canary duskysnail’s occupied and by landowners in the upper Fall mi). If the New Zealand mudsnail were locations. The New Zealand mudsnail River watershed (FRRCD 2005, p. 3). to colonize multiple areas occupied by tends to have a spotty distribution, the canary duskysnail, it could become apparently governed to a large extent by Changes in Precipitation and Water a serious threat to the species. However, where colonizing individuals are Availability Due to Climate Change the likelihood that such a scenario will deposited by various vectors (USGS occur is very uncertain. In 2011, six 2009b, p. 1; Emery 2012, p. 1). For the Our analyses under the Endangered additional New Zealand mudsnail New Zealand mudsnail to be a threat to Species Act include consideration of locations were found in the north- the canary duskysnail, first it would ongoing and projected changes in central California area, but population have to colonize somewhere within the climate. The terms ‘‘climate’’ and levels were low and all sites were on the range (probably Lake Britton), then it ‘‘climate change’’ are defined by the Sacramento River (USGS 2009b, p. 1; would have to establish so many Intergovernmental Panel on Climate USGS 2011, p. 40; McAlexander 2012a, additional colonies that a large Change (IPCC). ‘‘Climate’’ refers to the p. 1). Five of those sites are downstream percentage of canary duskysnail sites mean and variability of different types of the Bridge Bay Marina, while one is were overlapped. Then, it would have to of weather conditions over time, with 30 upstream at Castle Lake (USGS 2009b, outcompete the canary duskysnails at years being a typical period for such p. 1; McAlexander 2012b, p. 1). No those sites and the canary duskysnails measurements, although shorter or populations have so far been found in would have to be unable to establish longer periods also may be used (IPCC any tributary rivers or streams, such as themselves at different sites. All these 2007, p. 78). The term ‘‘climate change’’ the Pit River. The California Department stages are likely to require several years, thus refers to a change in the mean or of Fish and Game (CDFG) is following if they happen at all. Currently the variability of one or more measures of a national management and control plan available information indicates there is climate (e.g., temperature or (Aquatic Nuisance Species Task Force no infestation at Lake Britton or at any precipitation) that persists for an (ANSTF) 2007, entire) and has posted locations occupied by the canary extended period, typically decades or information and brochures about the duskysnail. Accordingly, we do not longer, whether the change is due to New Zealand mudsnail on its Web site, consider competition from New Zealand natural variability, human activity, or including printable posters and wallet mudsnails to be a threat to the canary both (IPCC 2007, p. 78). Various types cards (CDFG undated, p. 1). duskysnail at this time. of changes in climate can have direct or Although there is no recognized indirect effects on species. These effects method for assessing the risk of New Fire may be positive, neutral, or negative and Zealand mudsnail establishment in a A large high-severity fire could they may change over time, depending given area at a given time (ANSTF 2007, potentially impact canary duskysnails on the species and other relevant p. 17), we consider Lake Britton to be by removing ground cover (Robichaud considerations, such as the effects of the location within the range of the undated, pp. 2, 4), thereby allowing silt interactions of climate with other canary duskysnail currently at greatest to wash into occupied springs and variables (for example, habitat danger of infestation. Lake Britton streams. Silt can degrade water quality, fragmentation) (IPCC 2007, pp. 8–14, supports a marina, boat launch, and cover the perilithon on which canary 18–19). In our analyses, we use our fishery, borders a state park, and is duskysnails feed, and could also expert judgment to weigh relevant easily accessed from State Highway 89 smother canary duskysnail eggs information, including uncertainty, in (Stewardship Council, Vol. 2, pp. PM– (Furnish and Monthey 1999, Sect. 4, pp. our consideration of various aspects of 37–39). In contrast, vehicle access to the 9, 14; Robichaud undated, p. 3). For the climate change.

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Climate change is not expected to our status review. This finding reflects occur throughout its range. We significantly change total precipitation and incorporates that information. We considered the potential threats due to in northern California, but may affect also consulted with recognized impoundments, water quality, other seasonal water availability in some areas authorities on this species, and we habitat-related impacts, overutilization, due to changes in snowpack melting consulted with Federal and State disease or predation, the inadequacy of times and the proportion of resource agencies. Although only 21 existing regulatory mechanisms, precipitation falling as rain rather than occupied sites are known for the canary competition with invasive species, and snow (Dettinger et al. 2004, pp. 43, 44). duskysnail, the best available scientific fire. We found no concentration of However, the water supplying springs and commercial information does not threats that suggests that the canary occupied by the canary duskysnail in clearly indicate that populations at any duskysnail may be in danger of the middle Pit River drainage (including site are in decline, or that any sites are extinction in a portion of its range. We the upper Fall River area) and in Hat likely to be lost due to impoundments, found no portions of its range where Creek are collected from wide areas in water quality, other habitat-related potential threats are significantly the Medicine Lake highlands and impacts, overutilization, disease or concentrated or substantially greater Lassen volcanic highlands, respectively predation, the inadequacy of existing than in other portions of its range. (Service 1998, p. 18). Rain and regulatory mechanisms, competition Therefore, we find that factors affecting snowmelt in those areas percolate with invasive species, or fire, now or in the species are essentially uniform through porous volcanic rocks to collect the foreseeable future. The best throughout its range, indicating no in large aquifers, thereby holding extra available scientific and commercial portion of the range of the species water from seasons when rain is information at this time does not warrants further consideration of plentiful and delivering it through indicate that there is likely to be a possible endangered or threatened springs during seasons when rain is not change in any of these stressors in the status under the Act. plentiful. Resulting spring flows are future. Three years of data from an We find that the canary duskysnail is highly stable in volume, temperature, ongoing monitoring study found not in danger of extinction now, nor is and clarity (Service 1998, p. 46). extreme fluctuations in population likely to become endangered within the Accordingly, we do not expect changes density numbers at certain sites, but did foreseeable future, throughout all or a in precipitation or water availability due not indicate the fluctuations were in significant portion of its range. to climate change to significantly affect response to threats, or likely to lead to Therefore, listing the canary duskysnail the species. permanent local extirpation. New as endangered or threatened under the Zealand mudsnails could be a threat to Summary of Factor E Act is not warranted at this time. canary duskysnails if they become In summary, the canary duskysnail is established in their range, but we have Goose Valley Pebblesnail (Fluminicola protected from expected changes in no information to indicate whether that anserinus) precipitation or water availability due to will happen in the foreseeable future or climate change by the particular Species Information for the Goose the extent of New Zealand mudsnail Valley Pebblesnail characteristics of its habitat. Although impact if they do become established in potential competition from the New the range of the canary duskysnail. Taxonomy and Species Description Zealand mudsnail is cause for concern, Based on our review of the best The Goose Valley pebblesnail was no site currently occupied by canary available scientific and commercial duskysnail has been colonized and there information pertaining to the five formally named and described in 2007 is nothing to indicate the New Zealand factors, we find that the threats as (Hershler et al. 2007, p. 409). Prior to mudsnail will colonize any of the described above, either alone or in 2007, it was referred to as the globular multiple locations occupied by the combination are not of sufficient pebblesnail, ‘‘Fluminicola n. sp. 18’’ canary duskysnail. There is also no imminence, intensity, or magnitude to (Frest and Johannes 1993, p. 52; Frest direct evidence to show that any such indicate that the canary duskysnail is in and Johannes 1999, pp. 51–52; Furnish occupied locations would be extirpated danger of extinction (endangered) or and Monthey 1999, Sect. 2, p. 6; CBD et by such a colonization were it to occur. likely to become endangered within the al. 2008, p. 49). It was assigned a The two species are not known to have foreseeable future (threatened), different provisional scientific name interacted in the past. We therefore throughout all of its range. (‘‘Fluminicola n. sp. 6’’) by Frest and conclude that, based on the best Johannes (1995b, p. 44), although it available scientific and commercial Significant Portion of the Range remained the ‘‘globular pebblesnail’’ as information, that other natural or Having determined that the canary referred to in that source. Although manmade factors such as competition duskysnail is not endangered or pebblesnails in general (Fluminicola from the New Zealand mudsnail, threatened throughout all of its range, genus) had previously been considered changes in precipitation or water we must next consider whether there part of the Hydrobiidae family (Hershler availability due to climate change, or are any significant portions of the range et al. 2003, p. 275), they have since been fire do not constitute significant threats where the canary duskysnail is in reassigned to the Lithoglyphidae family to the canary duskysnail now or in the danger of extinction or is likely to (Hershler et al. 2007, p. 371). future. become endangered in the foreseeable The Goose Valley pebblesnail is a future. See Significant Portion of the small aquatic snail, roughly 2 to 3.5 mm Finding for the Canary Duskysnail Range under Summary of Procedures for (0.08 to 0.14 in) tall, with about 3.25 to We have carefully assessed the best Determining the Listing Status of 3.75 major whorls (Hershler et al. 2007, scientific and commercial information Species. pp. 372, 410–412). Its head is dark available regarding the past, present, We evaluated the current range of the brown, while the periostracum (outer and future threats faced by the canary canary duskysnail to determine if there layer) is tan or light green. It is similar duskysnail. We reviewed the petition, is any apparent geographic in appearance to the Potem Creek available published and unpublished concentration of potential threats for the pebblesnail (described below), but has a scientific and commercial information, species. The canary duskysnail is highly larger shell aperture with a more and information submitted to us during restricted in its range and the threats reinforced periphery (among other

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differences) (Furnish et al. 1997, p. 48; Five-Factor Evaluation of Threats to the protected by the SMP and ACS (see Hershler et al. 2007, pp. 409, 410). Goose Valley Pebblesnail Generally Applicable Federal Regulatory Mechanisms, above). Factor A. The Present or Threatened Distribution Proposed diversions or grazing practices Destruction, Modification, or at those locations would have to take The Goose Valley pebblesnail is Curtailment of Its Habitat or Range known from a total of 13 locations, 2 in into account the buffer requirements Impoundments established by the ACS riparian the upper Sacramento River drainage in reserves, as well as the survey and Siskiyou County, California (Frest and Although 9 of the 11 known occupied mitigation requirements of the SMP. We Johannes 1995b, pp. T12, A6, B24), and sites are downstream of the Pit 4 dam, the sites consist of springs or spring-fed are not aware of evidence suggesting 11 (after accounting for overlap from any such practices are occurring on different sources) in the lower Pit River creeks near the Pit River and thus physically removed from any warmer Shasta-Trinity National Forest land. drainage, Shasta County, California high-water flows released by the dams In summary, although the type (Frest and Johannes 1995b, pp. T13, A7; (Hershler et al. 2007, pp. 376, 409, 410; locality is close to agricultural land, Hershler et al. 2007, pp. 376, 409, 410; Haley 2012a, p. 3). A tenth occupied site most occupied locations are near flows Haley 2012a, p. 3). Further review has is near Lake Britton, at 878 m (2,880 ft) influenced by dams, and diversions and indicated that the Siskiyou County sites elevation (Hershler et al. 2007, p. 409). grazing occur within the larger must be considered unconfirmed The lake surface is lower than 841 m geographic area occupied by the species, (Johannes 2012c, pp. 1–4). (2,759 ft) when full, and we are not a review of the best available scientific The type locality for the Goose Valley aware of any plans to raise the level of and commercial information does not indicate that any of these factors are pebblesnail is a spring on the west side the lake. The final occupied location, at negatively impacting any populations of of Goose Valley, about 10 km (6.3 mi) Goose Valley, is not influenced by dams. Therefore, we conclude the Goose Valley pebblesnails. We therefore east of the crossing of Highways 89 and conclude that the present or threatened 299, and about 6.5 km (4 mi) from the habitat of the Goose Valley pebblesnail is not currently at risk of modification destruction, modification or curtailment Pit River (Hershler et al. 2007, p. 409). of its habitat or range does not All other occupied sites in the drainage due to impoundments nor do we expect it to be so in the future. constitute a significant threat to the are in the valley formed by the Pit River species now or in the future. itself. Nine sites are in springs along the Agriculture Factor B. Overutilization for Pit 4 reach (below Pit 4 dam) on Shasta- The type locality is a spring on the Trinity National Forest land in the Commercial, Recreational, Scientific, or edge of Goose Valley, the floor of which Educational Purposes NWFP area (Hershler et al. 2007, pp. is completely converted to agriculture. 376, 409, 410; Haley 2012a, p. 3). The The site is within 50 m (164 ft) of Our review of the best available 11th site is upstream, in a spring on converted land, but it is separated by scientific and commercial information private land near Lake Britton (Hershler Goose Valley Road, and is on sloped yielded nothing to indicate that et al. 2007, pp. 376, 409, 410). The and forested terrain. The limits of the overutilization for commercial, unconfirmed sites in the upper converted land have not changed since recreational, scientific, or educational purposes is occurring at this time or is Sacramento River drainage are located at least 2001, and the occupied site is on likely to occur in the future. We in springs somewhat east of the river land zoned as unclassified, whereas the therefore conclude such overutilization and north of Mossbrae Falls Frest and valley floor is zoned as exclusive agriculture and agricultural preserve does not constitute a threat to the Goose Johannes 1995b, pp. T12, A6, B24). Valley pebblesnail. Those sites also support Shasta (Shasta County 2003, p. 1; Shasta pebblesnails (discussed below). County 2012, p. 1). The best available Factor C. Disease or Predation scientific and commercial information Habitat and Biology does not indicate that the quality of the Disease site has been damaged by its proximity We reviewed the best available The Goose Valley pebblesnail occurs to converted agricultural lands over the scientific and commercial information in springs and spring-fed habitats, past decade, nor is there any indication regarding this species and other similar generally on the sides and undersides of that the location of the spring itself is species, and found no evidence to stones in shaded areas with few water likely to be converted to agriculture. indicate that disease is impacting Goose plants (Frest and Johannes 1999, p. 52; None of the other occupied locations are Valley pebblesnail populations. Spring Rivers 2001, p. 22). It is likely to near agricultural lands. Predation be a perilithon grazer (Furnish et al. Diversions and Grazing 1997, p. 31; Frest and Johannes 1999, p. There is a potential for increased 52). We have no specific information In our 90-day finding, we indicated predation on Goose Valley pebblesnails due to the establishment of the signal regarding the reproduction of this that diversions of spring water for crayfish in the mid and lower Pit River species, but members of the Fluminicola agricultural and other uses, and grazing in and around occupied locations, were drainage (Ellis 1999, pp. 12, 57, 58; genus typically live a single year and potential threats. However, these Service 2009, p. 10). As discussed above breed only once (Furnish and Monthey conclusions were largely based on with regard to the canary duskysnail, 1999, Sect. 2, p. 5; ORNHIC 2004, p. 2). generalized information for the mid and signal crayfish predation can They generally lay eggs in the spring, lower Pit River area (Hershler et al. significantly impact mollusk which hatch in 2 to 4 weeks. They are 2003, p. 277) and the upper Sacramento populations when the crayfish are at not known to disperse widely, and are River (ORNHIC 2004e, p. 2), where we high densities (Lorman and Magnuson highly sensitive to water pollution, now know no occupied locations exist 1978, p. 9). The known Goose Valley decreases in dissolved oxygen, elevated (see Distribution, above). Nine of the 11 pebblesnail sites do not overlap the temperatures, and sedimentation known sites in the Pit River drainage are current range of the Shasta crayfish, so (Furnish and Monthey 1999, Sect. 2, pp. within the NWFP area on the Shasta- only the signal crayfish poses a 5, 7; Hershler et al. 2007, p. 372). Trinity National Forest and, as such, are potential predation impact. The only

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information we have regarding crayfish regulatory mechanisms is not a threat to main current of the Pit River, and so are densities applies to the Pit 4 reach and the Goose Valley pebblesnail now or in likely to be protected from temperature does not indicate that crayfish densities the future. and flow variations by the springs’ at that location are either particularly stable flows. Accordingly, we do not Factor E. Other Natural or Manmade high (as compared to populations of expect changes in precipitation or water Factors Affecting Its Continued native crayfish at other locations) or availability due to climate change to increasing (Ellis 1999, p. 58; PGE 2011b, Existence significantly affect the species. pp. iii, 10; PGE 2012b, p. 9). Hence, the Competition With Invasive Species Fire available evidence does not support the An invasion by the New Zealand Fire could potentially affect Goose contention that signal crayfish are mudsnail into the lower Pit River present in the range of the Goose Valley Valley pebblesnails by increased drainage could constitute a serious siltation due to the accumulation of ash pebblesnail in sufficiently high threat to the Goose Valley pebblesnail densities to pose a predation risk to the or subsequent erosional deposition of due to competition for food and space soil in their springs or streams. Goose Valley pebblesnail. Furthermore, (see canary duskysnail, above). the information does not indicate any However, most siltation should clear However, we found no information to relatively quickly from the four trend in the densities of the signal indicate New Zealand mudsnails are crayfish that would lead us to a occupied locations in the lower Pit currently in the lower Pit River, nor did conclusion that the predation risk River drainage, because the flow rates we find specific information to indicate would increase in the future. for those locations are high (Haley We therefore conclude, based on the the likelihood of an invasion by New 2012b, p. 1). Biologists working on best available scientific and commercial Zealand mudsnails in the near future. mollusk surveys in the lower Pit River information, that neither disease nor Additionally, the occupied spring at both before and after the Shasta-Trinity predation constitutes a significant threat Goose Valley would be less likely to be Unit (SHU) Lightning Complex Fire of to the species now or in the future. colonized by the New Zealand mudsnail early August 2009 (PGE 2010, p. 13) did because it drains into Goose Valley, not consider the impacts to nearby Factor D. The Inadequacy of Existing where it is used for agriculture, rather springs and streams to be serious or Regulatory Mechanisms than into the Pit River, which is visited lasting (Ellis and Haley 2012, p. 1). A Under this factor, we examine by boaters and fishermen who may search of fire data archived by the whether existing regulatory mechanisms inadvertently transport the mudsnail California Department of Forestry and are inadequate to address the threats to from previously visited sites. Fire Protection (CAL FIRE) and the species discussed under the other Changes in Precipitation and Water extending back to 2003, indicates that factors. Section 4(b)(1)(A) of the Act Availability Due to Climate Change the SHU Lightning Complex Fire, at requires the Service to take into account 17,623 ac (7,132 ha) (CAL FIRE 2009, p. ‘‘those efforts, if any, being made by any See our discussion of climate change 1) was the largest in Shasta County on State or foreign nation, or any political in general in the Changes in record (Service 2012, p. 1). Future subdivision of a State or foreign nation, Precipitation and Water Availability Shasta County fires are therefore likely to protect such species * * *’’. We Due to Climate Change section under to be smaller than the SHU Lightning interpret this language to require the ‘‘Factor A’’ in Five-Factor Evaluation of Complex Fire, and to have smaller Service to consider relevant Federal, Threats for the Canary Duskysnail. impacts (such as less siltation from the State, and Tribal laws and regulations Climate change is not expected to accumulation of ash). Since the SHU when developing our threat analyses. significantly change total precipitation Lightning Complex fire did not produce Regulatory mechanisms, if they exist, in northern California, but may affect serious impacts to Goose Valley may preclude the need for listing if we seasonal water availability in some areas pebblesnail habitats, smaller fires would determine that such mechanisms due to changes in snowpack melting not be expected to either. adequately address the threats to the times and the proportion of species such that listing is not precipitation falling as rain rather than Summary of Factor E warranted. The analysis of threats to the snow (Dettinger et al. 2004, pp. 43, 44). In summary, the Goose Valley Goose Valley pebblesnail under the However, the water supplying springs pebblesnail is protected from likely other factors included consideration of occupied by the Goose Valley impacts of climate change and fire by the ameliorative effects of regulatory pebblesnail in the middle Pit River the particular characteristics of its mechanisms where applicable, such as drainage is collected from wide areas in habitat. Although potential competition those discussed under Factor A and the Medicine Lake highlands (Service from the New Zealand mudsnail is under Generally Applicable Federal 1998, p. 18). Rain and snowmelt in cause for concern, no site currently Regulatory Mechanisms, above. those areas percolate through porous occupied by Goose Valley pebblesnail Having evaluated the significance of volcanic rocks to collect in large has been colonized, and there is nothing the threat as mitigated by any such aquifers, thereby holding extra water to indicate the New Zealand mudsnail conservation efforts, we analyze under from seasons when rain is plentiful and will colonize multiple locations Factor D the extent to which existing delivering it through springs during occupied by the Goose Valley regulatory mechanisms are inadequate seasons when it is not. Resulting spring pebblesnail. There is also no direct to address the specific threats to the flows are highly stable in volume, evidence to show that any such species. We found no significant threats temperature, and clarity (Service 1998, occupied locations would be extirpated to the Goose Valley pebblesnail under p. 46). Similarly, the size of the aquifer by such a colonization, were it to occur. the other factors, therefore, the analysis that supplies the water for the Goose The two species are not known to have of any existing regulatory mechanisms’ Valley spring is estimated at interacted in the past. We therefore adequacy to address threats is not approximately 18 square km (7 square conclude, based on the best available applicable. Consequently, after mi) (CDWR 2003, p. 1). All occupied scientific and commercial information, reviewing the best available commercial locations of the Goose Valley that other natural or manmade factors and scientific information, we conclude pebblesnail are in springs or small such as competition from the New that the inadequacy of existing spring-fed streams, rather than in the Zealand mudsnail, changes in

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precipitation or water availability due to species. The Goose Valley pebblesnail is Distribution climate change, or fire do not constitute highly restricted in its range and the The Hat Creek pebblesnail is known significant threats to the Goose Valley threats occur throughout its range. We from five locations in the upper Hat pebblesnail now or in the future. considered the potential threats due to Creek watershed, Shasta County, close Finding for the Goose Valley Pebblesnail impoundments, agriculture, diversions to the intersection of State Highways 44 and grazing, overutilization, disease or and 89. The locations fall into two We have carefully assessed the best predation, the inadequacy of existing groups, one of which centers on Hat scientific and commercial information regulatory mechanisms, competition Creek itself and the other on nearby Lost available regarding the past, present, with invasive species, changes in Creek. Lost Creek disappears into a lava and future threats faced by the Goose precipitation and water availability due tube, and is presumed to connect to Hat Valley pebblesnail. We reviewed the Creek (ORNHIC 2004f, p. 1). The groups petition, available published and to climate change, and fire. We found no are roughly 13 km (8 mi) apart, and the unpublished scientific and commercial concentration of threats that suggests furthest distance of occupied locations information, and information submitted that the Goose Valley pebblesnail may within each group is roughly 1 km (0.6 to us during our status review. This be in danger of extinction in a portion mi). One occupied location in each finding reflects and incorporates that of its range. We found no portions of its group is on Lassen National Forest land, information. We also consulted with range where potential threats are while the others are on private recognized authorities on this species significantly concentrated or inholdings within the general and Federal and State resource agencies. substantially greater than in other boundaries of the National Forest. Although only 11 occupied sites are portions of its range. Therefore, we find known for the Goose Valley pebblesnail, that factors affecting the species are Habitat and Biology a review of the best available essentially uniform throughout its The Hat Creek pebblesnail appears information does not indicate that range, indicating no portion of the range limited to cold water springs and spring populations at any site are in decline, or of the species warrants further runs (Frest and Johannes 1999, pp. 56, that any sites are likely to be lost due consideration of possible endangered or 60). It occurs on sand-gravel substrates, to impoundments, agriculture, threatened status under the Act. and on water plants such as watercress diversions and grazing, overutilization, We find that the Goose Valley (genus Nasturtium, formerly Rorippa) disease or predation, the inadequacy of pebblesnail is not in danger of and brooklime (Veronica sp.). It grazes existing regulatory mechanisms, extinction now, nor is likely to become on perilithon and periphyton. We have competition with invasive species, endangered within the foreseeable no specific information regarding the changes in precipitation and water future, throughout all or a significant reproduction of this species, but availability due to climate change, or members of the Fluminicola genus fire, now or in the foreseeable future. portion of its range. Therefore, listing the Goose Valley pebblesnail as typically live a single year and breed The best available scientific and only once (Furnish and Monthey 1999, commercial information at this time endangered or threatened under the Act is not warranted at this time. Sect. 4, p. 7 and Sect. 6, p. 4; ORNHIC does not indicate that there is likely to 2004f, p. 2). They generally lay eggs in be a change in any of these stressors in Hat Creek Pebblesnail (Fluminicola the spring, which hatch in 2 to 4 weeks. the future. umbilicatus) They are not known to disperse widely, Based on our review of the best and are highly sensitive to water available scientific and commercial Species Information for the Hat Creek pollution, decreases in dissolved information pertaining to the five Pebblesnail oxygen, elevated temperatures, and factors, we find that the threats as Taxonomy and Species Description sedimentation (Furnish and Monthey described above, either alone or in 1999, Sect. 4, pp. 7, 8). combination, are not of sufficient The Hat Creek pebblesnail is an Five-Factor Evaluation of Threats to the imminence, intensity, or magnitude to aquatic snail that was formally named Hat Creek Pebblesnail indicate that the Goose Valley and described in 2007 (Hershler et al. pebblesnail is in danger of extinction 2007, p. 407). This species combines Factor A. The Present or Threatened (endangered) or likely to become two taxa previously considered likely Destruction, Modification, or endangered within the foreseeable species but never formally described, Curtailment of Its Habitat or Range future (threatened), throughout all of its the umbilicate pebblesnail (Fluminicola Timber Production range. n. sp. 19) (Frest and Johannes 1999, p. Lassen National Forest plans to 55) and the Lost Creek pebblesnail Significant Portion of the Range reduce fuel loads by removing small Having determined that the Goose (Fluminicola n. sp. 20) (Frest and conifers upstream of the two Valley pebblesnail is not endangered or Johannes 1999, pp. 55, 59). The shell of southernmost sites occupied by Hat threatened throughout all of its range, the Hat Creek pebblesnail is subglobose Creek pebblesnails (Burton 2012, p. 1). we must next consider whether there (rounded top) to ovate conic (egg shaped Such operations, if not carefully are any significant portions of the range top), and ranges from 2.1 to 5.4 mm conducted, could potentially remove where the Goose Valley pebblesnail is in (0.08 to 0.2 in) tall, with 3.25 to 4.5 shading foliage and collapse riverbanks, danger of extinction or is likely to major whorls (Hershler et al. 2007, p. thereby causing siltation and increased become endangered in the foreseeable 409). The periostracum can be tan, water temperatures that could impact future. See Significant Portion of the brown, or light green. The head is dark Hat Creek pebblesnails downstream. Range under Summary of Procedures for brown to almost black. Adult Hat Creek However, the operations will take place Determining the Listing Status of pebblesnails are somewhat unusual in Riparian Conservation Areas (RCAs, Species. among Fluminicola species in having a discussed below), and are subject to We evaluated the current range of the visible open space near the opening of protective regulations likely to prevent Goose Valley pebblesnail to determine if the shell, called an umbilicus, around serious habitat impacts. In keeping with there is any apparent geographic which the whorls wrap (Frest and these regulations, the fuel reduction concentration of potential threats for the Johannes 1999, pp. 55, 58). projects will proceed with a minimum

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of disturbance, and conifers will be cut temperatures, and sedimentation. There is no evidence of OHV impacts at by hand to avoid unnecessary use of However, the stream in the area of the the spring. heavy machinery near the stream occupied sites is protected from cattle Accordingly, although timber (Burton 2012, p. 1). by a combination of fencing, brush, and management, grazing, impoundments, rocks (Suarez 2012, p. 1). Cattle are and OHV use all occur in the general Timber Production—Protective vicinity of occupied sites, the best Regulatory Mechanisms typically driven across the stream twice per year, but the substrate at the available evidence indicates they are not The Sierra Nevada Forest Plan crossing site is primarily rock, so the impacting occupied habitat. We Amendment (SNFPA)—The SNFPA is a stream bed suffers little trampling therefore conclude, based on the best set of amendments to the resource damage. available scientific and commercial management plans of national forests in information, that the present or the Sierra Nevada and Modoc Plateau Impoundments threatened destruction, modification or areas of California (USDA 2004, p. 15). The two occupied sites on Hat Creek curtailment of its habitat or range does The SNFPA applies to those portions of are not near impoundments, but the not constitute a significant threat to the the Lassen National Forest not covered three occupied sites on Lost Creek are species now or in the future. by the NWFP, including the two areas downstream of one small impoundment Factor B. Overutilization for within the National Forest occupied by and upstream from another, with Hat Creek pebblesnails. The SNFPA Commercial, Recreational, Scientific, or approximately 2.5 km (1.5 mi) of Educational Purposes includes a sub-program called the perennial stream between the two Our review of the best available Aquatic Management Strategy (AMS), reservoirs (Burton 2012, p. 1). There is scientific and commercial information which establishes RCAs around some potential for increases in water yielded nothing to indicate that perennial streams and other temperatures in the Lost Creek occupied overutilization for commercial, hydrological or topographic sites due to releases from the upper recreational, scientific, or educational depressions, such as ponds and springs reservoir. However, the small upstream purposes is occurring at this time, or is (USDA 2004, pp. 32, 42). Activities reservoir exposes relatively little still within the RCAs require site-specific likely to occur in the future. We surface water to the sun as compared to analyses to ensure the activity conforms therefore conclude such overutilization the much larger Pit 3, 4, and 5 to several riparian conservation does not constitute a threat to the Hat reservoirs, and so is less likely to objectives (USDA 2004, p. 33). Those Creek pebblesnail. produce significantly higher objectives include maintaining or downstream temperatures (see Factor C. Disease or Predation restoring geomorphic and biological Impoundments, under Canary characteristics of special aquatic Disease Duskysnail, above). Both the upstream features and ensuring that activities reservoir and the water below it in Lost We reviewed the best available enhance or maintain physical and Creek support coldwater fish such as scientific and commercial information biological characteristics associated rainbow trout (Burton 2012, p. 1). regarding this species and other similar with aquatic and riparian-dependent species, and found no evidence to species. Although they also include The downstream reservoir is over 200 indicate that disease is impacting Hat provisions for improving habitat, such m (650 ft) from the nearest occupied Creek pebblesnail populations. improvements are subject to funding location. The downstream dam includes and may take time to address situations an overflow outlet, so the reservoir is Predation in which habitat has already been unlikely to back up during high flows Predation by the introduced signal impacted, such as recreational vehicle and inundate sites occupied by Hat crayfish could threaten Hat Creek impacts upstream of the occupied sites Creek pebblesnails. pebblesnail populations if the signal on Hat Creek. Recreation crayfish were present in sufficiently high densities (see canary duskysnail, Grazing An area about 4.8 km (3 mi) long above). However, we have no direct The two occupied sites on Hat Creek along Hat Creek, upstream of the evidence that either signal or Shasta are not near grazed areas, but two of the occupied sites, has been heavily crayfish are present in the upper three occupied sites on Lost Creek are impacted by off-highway vehicle (OHV) portions of Hat Creek or Lost Creek. The on private land in a location that is use in and around the creek (Burton closest area for which we have signal subject to grazing (Burton 2012, p. 1). 2012, p. 1). Impacts at the OHV site crayfish density information is the The third Lost Creek site is on ungrazed include crushed riparian vegetation and middle Pit River, where densities were land in the Lassen National Forest, collapsed stream banks, resulting in roughly equal to native crayfish about 0.64 km (0.4 mi) downstream increased siltation and potentially densities as measured in the upper Fall from the grazed area. Cattle grazing in higher temperatures. However, the River (Ellis 1999, p. 58; PGE 2011b, pp. and around streams can trample banks nearest site occupied by the Hat Creek iii, 10; PGE 2012b, p. 9). Hence, the and riparian vegetation, resulting in pebblesnail is a spring off the side of available evidence does not support the wider, shallower, muddier, and less Hat Creek (Hershler et al. 2007, p. 407), contention that signal crayfish are shaded waters (Meehan and Platts 1978, while the other occupied site in the area present in Hat or Lost Creeks in pp. 275–276; Stephenson and Street is farther downstream in Hat Creek, sufficiently high densities to pose a 1978, p. 152; Kauffman and Krueger approximately 2 km (1.2 mi) from the predation risk to the Hat Creek 1984, p. 432). If such impacts were to edge of the recreational area and 2.6 km pebblesnail. Furthermore, the occur in the vicinity of the sites (1.6 mi) from the area of primary information does not indicate any trend occupied by Hat Creek pebblesnails, impact. Because of distance to the in the densities of either crayfish that they could threaten the snail second site, and spring flows from the would lead us to a conclusion that the populations, which (as discussed under first, sediment and increased predation risk would increase in the Habitat and Biology, above) are highly temperatures produced by upstream future. sensitive to water pollution, decreases recreational use would be unlikely to We therefore conclude, based on the in dissolved oxygen, elevated significantly affect either occupied site. best available scientific and commercial

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information, that neither disease nor equipment (ANTSF 2005, p. 1). Upper that region, however, and we consider predation constitutes a significant threat Hat Creek and Lost Creek are popular the likelihood of a major chemical spill to the species now or in the future. fishing destinations, but lack boating within that relatively small area to be facilities, so the likelihood of New low. Factor D. The Inadequacy of Existing Zealand mudsnail infestation in these Summary of Factor E Regulatory Mechanisms areas may be somewhat lower than for Under this factor, we examine areas in the canary duskysnail’s range We find that neither highway spills, whether existing regulatory mechanisms that support both fishing and boating, competition with the New Zealand are inadequate to address the threats to such as Lake Britton. mudsnail, nor changes in precipitation the species discussed under the other or water availability due to climate Changes in Precipitation and Water factors. Section 4(b)(1)(A) of the Act change are a threat to the Hat Creek Availability Due to Climate Change requires the Service to take into account pebblesnail. Although a chemical spill ‘‘those efforts, if any, being made by any See our discussion of climate change off the highway could potentially State or foreign nation, or any political in general in the Changes in impact up to two locations, the subdivision of a State or foreign nation, Precipitation and Water Availability likelihood of such an event is extremely to protect such species...’’. We interpret Due to Climate Change section under low. No site occupied by the Hat Creek this language to require the Service to ‘‘Factor A’’ in Five-Factor Evaluation of pebblesnail has been colonized by the consider relevant Federal, State, and Threats for the Canary Duskysnail. New Zealand mudsnail and the lack of Tribal laws and regulations when Climate change is not expected to boating opportunities makes invasion by developing our threat analyses. significantly change total precipitation the mudsnail less likely. The springs Regulatory mechanisms, if they exist, in northern California, but may affect supplying Hat and Lost Creeks are may preclude the need for listing if we seasonal water availability in some areas resistant to the fluctuations in determine that such mechanisms due to changes in snowpack melting temperature and water availability adequately address the threats to the times and the proportion of associated with predicted climate species such that listing is not precipitation falling as rain rather than changes. We therefore conclude that, warranted. The analysis of threats to the snow (Dettinger et al. 2004, pp. 43, 44). based on the best available scientific Hat Creek pebblesnail under the other However, the water supplying springs and commercial information, that other factors included consideration of the emptying into Lost Creek and upper Hat natural or manmade factors as described ameliorative effects of regulatory Creek are collected from wide areas in above, do not constitute significant mechanisms where applicable, such as the Lassen volcanic highlands (Service threats to the Hat Creek pebblesnail now those discussed under Factor A and 1998, p. 18). Rain and snowmelt in or in the future. those areas percolate through porous under Generally Applicable Federal Finding for the Hat Creek Pebblesnail volcanic rocks to collect in large Regulatory Mechanisms, above. We have carefully assessed the best Having evaluated the significance of aquifers, thereby holding extra water from seasons when rain is plentiful and scientific and commercial information the threat as mitigated by any such available regarding the past, present, conservation efforts, we analyze under delivering it through springs during seasons when it is not. Resulting spring and future threats faced by the Hat Factor D the extent to which existing Creek pebblesnail. We reviewed the regulatory mechanisms are inadequate flows are highly stable in volume, temperature and clarity (Service 1998, petition, available published and to address the specific threats to the p. 46). Accordingly, we do not expect unpublished scientific and commercial species. We found no significant threats changes in precipitation or water information, and information submitted to the Hat Creek pebblesnail under the availability due to climate change to to us during our status review. This other factors, therefore, the analysis of significantly affect the species. finding reflects and incorporates that any existing regulatory mechanisms’ information. We also consulted with adequacy to address threats is not Catastrophic Events—Highway Spill recognized authorities on this species applicable. Consequently, after Spills from tank trucks carrying and Federal and State resource agencies. reviewing the best available commercial chemicals, such as pesticides or Although only five occupied sites are and scientific information, we conclude gasoline, on State Highway 44 near the known for the Hat Creek pebblesnail, a that the inadequacy of existing two occupied sites on Hat Creek could review of the best available data does regulatory mechanisms is not a threat to potentially impact the Hat Creek not indicate that populations at any site the Hat Creek pebblesnail now or in the pebblesnails at those sites. Chemical are in decline, or that any sites are likely future. spills can eliminate pebblesnail to be lost due to timber production and Factor E. Other Natural or Manmade populations (see discussion of Chemical management, grazing, impoundments, Factors Affecting Its Continued Spills under Nugget Pebblesnail recreation, overutilization, disease or Existence (Fluminicola seminalis), below). predation, the inadequacy of existing However, the more upstream of the two regulatory mechanisms, competition Competition With Invasive Species occupied sites is in a spring near the with invasive species, changes in New Zealand mudsnails are not creek (Hershler et al. 2007, p. 407), and precipitation and water availability due currently known to occur within the the highway pulls away from the creek to climate change, or catastrophic events range of the Hat Creek pebblesnail (Lost upstream of that location, so a tanker such as highways spills, now or in the Creek and upper Hat Creek). If New spill would have to occur directly above foreseeable future. The best available Zealand mudsnails were to become that site in order to significantly impact scientific and commercial information established in those areas, they would the pebblesnail population there. The at this time does not indicate that there likely compete with Hat Creek highway runs close to the creek from is likely to be a change in any of these pebblesnails for food and space (see that point to the second occupied site, stressors in the future. canary duskysnail, above). Typically, a distance of about 1.2 km (0.75 mi), so Based on our review of the best New Zealand mudsnails establish a spill somewhere along that stretch available scientific and commercial themselves in new areas after being might impact the second site. We are information pertaining to the five transported on boating or angling not aware of any previous spills within factors, we find that the threats as

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described above, either alone or in Nugget Pebblesnail (Fluminicola flowing water, but has been found on combination are not of sufficient seminalis) soft substrate in a few very large spring pools (Frest and Johannes 1995b, p. 50). imminence, intensity, or magnitude to Species Information for the Nugget It is a riparian associate, apparently indicate that the Hat Creek pebblesnail Pebblesnail is in danger of extinction (endangered) grazes on perilithon and periphyton, or likely to become endangered within Taxonomy and Species Description and possibly on fine particles of detritus as well (Frest and Johannes 1993, p. 54; the foreseeable future (threatened), The nugget pebblesnail was first Furnish et al. 1997, p. 31). We have no throughout all of its range. described as Palludina seminalis in specific information regarding the 1842 (Hershler and Frest 1996, p. 15). Significant Portion of the Range reproduction of this species, but After undergoing several name changes, members of the Fluminicola genus it was redescribed as Fluminicola Having determined that the Hat Creek typically live a single year and breed seminalis in 1996 (Hershler and Frest pebblesnail is not endangered or only once (Furnish and Monthey 1999, 1996, p. 15). It has a globose to broadly threatened throughout all of its range, Sect. 3, p. 4; ORNHIC 2004f, p. 2). They conical shell with 4 to 4.5 whorls (Frest we must next consider whether there generally lay eggs in the spring, which are any significant portions of the range and Johannes 1995b, p. 49; Hershler and hatch in 2 to 4 weeks. They are not where the Hat Creek pebblesnail is in Frest 1996, p. 16). The shell can be tan, known to disperse widely, and are danger of extinction or is likely to brown, or light green, and has a large sensitive to water pollution, decreases become endangered in the foreseeable opening. Its distinguishing features, as in dissolved oxygen, elevated compared to other pebblesnails, include future. See Significant Portion of the temperatures, and sedimentation (among other features) its relatively Range under Summary of Procedures for (Furnish and Monthey 1999, Sect. 3, pp. large size (about 6 to 8 mm (0.24 to 0.31 5, 8). Determining the Listing Status of in), thick periostracum, and thin Species. parietal lip (on the side of the opening Five-Factor Evaluation of Threats to the We evaluated the current range of the toward the inside of the whorls) Nugget Pebblesnail Hat Creek pebblesnail to determine if (Hershler et al. 2007, p. 405). The snail Factor A. The Present or Threatened there is any apparent geographic itself is black with a pale gray head Destruction, Modification, or concentration of potential threats for the (Hershler and Frest 1996, p. 16). Curtailment of Its Habitat or Range species. The Hat Creek pebblesnail is Although pebblesnails in general highly restricted in its range and the (Fluminicola genus) had previously Impoundments threats occur throughout its range. We been considered part of the Hydrobiidae Thirteen of the 44 occupied sites are considered the potential threats due to family (Hershler et al. 2003, p. 275), in or along the lower Pit River below timber production and management, they have since been reassigned to the Lake Britton (Hershler et al. 2007, p. grazing, impoundments, recreation, Lithoglyphidae family (Hershler et al. 405; Haley 2012a, p. 3; PGE 2011, pp. overutilization, disease or predation, the 2007, p. 371). 26, 37; PGE 2012 p. 27). Twelve of those 13 sites were monitored by PGE from inadequacy of existing regulatory Distribution 2009 through 2011, in accordance with mechanisms, competition with invasive The nugget pebblesnail is known from the 2007 relicensing requirements for species, changes in precipitation and approximately 44 occupied sites in the Pit 3, 4, and 5 dams (see canary water availability due to climate change, Shasta, Lassen, and Tehama Counties. duskysnail, above). Flow releases from and catastrophic events such as The sites can be grouped into five the dams for 2009 and 2010 were at highways spills. We found no general areas: The mid and lower Pit interim levels (higher than in previous concentration of threats that suggests River and nearby tributaries including years but lower than the final levels that the Hat Creek pebblesnail may be Hat Creek; the upper Fall River required by the relicensing agreements in danger of extinction in a portion of drainage; Ash Creek (a tributary of the (PGE 2010, pp. 1, 2). Flow releases had its range. We found no portions of its upper Pit River in Lassen County); the reached their final required levels in range where potential threats are McCloud River near Lake Shasta; and 2011 and are expected to remain at significantly concentrated or Battle Creek, along the Shasta-Tehama those levels thereafter. substantially greater than in other County boundary. The majority of Increased flows from dams may portions of its range. Therefore, we find known sites (37 of 44) are in the mid negatively impact nugget pebblesnails that factors affecting the species are and lower Pit River and upper Fall River by raising water temperatures (see essentially uniform throughout its areas. The local abundance of this snail canary duskysnail, above) (Ellis 2012, p. range, indicating no portion of the range at occupied sites can be high (Frest and 1). As average flows increased from of the species warrants further Johannes 1995b, p. 50). 2009 to 2011, average temperatures did consideration of possible endangered or The nugget pebblesnail was formerly in fact go up, and average density of threatened status under the Act. widespread in the upper Sacramento nugget pebblesnails decreased at the River above Lake Shasta, but was four locations monitored in the Pit 3 We find that the Hat Creek apparently extirpated from the entire reach (PGE 2010, p. 35; PGE 2011, pp. pebblesnail is not in danger of region in 1991 due to the Cantara Spill, 24, 26, 37; PGE 2012, pp. 24, 27). extinction now, nor is likely to become in which a railcar containing the Average densities of nugget pebblesnails endangered within the foreseeable herbicide metam sodium derailed and likewise decreased each year over the 3- future, throughout all or a significant spilled its contents into the river (Frest year period at each of four sites in the portion of its range. Therefore, listing and Johannes 1995b, pp. 13, 50; Pit 5 reach. However, average water the Hat Creek pebblesnail as endangered Hershler and Frest 1996, p. 16; ORNHIC temperatures in the Pit 5 reach were or threatened under the Act is not 2004k, p. 1). highest in 2009 at one of those warranted at this time. locations, highest in 2010 at another Habitat and Biology location, and remained essentially The nugget pebblesnail prefers gravel- unchanged at a third location. This may boulder substrate and clear, cold, be due to variations in air temperature

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across the 3 years (PGE 2010, p. 35; PGE constant depth, and the occupied site standards (SWRCB 2010 (Ash Cr), pp. 5, 2011, p. 24; PGE 2012, p. 24). In the Pit below the Hat Creek 1 dam is unlikely 6). A single sample taken from upper 4 reach, there was a varied response, to be left without water. The nugget Ash Creek in 2005 showed an E. coli with July surveys showing an overall pebblesnails at those locations are density greater than three times the average increase in nugget pebblesnail therefore unlikely to lose the cold, well- water quality standard for non-contact density from 2009 to 2011, and August oxygenated flows they require. recreation, and greater than 5.5 times surveys showing a (smaller) overall Two occupied sites are in the the standard for water contact recreation decrease. Thus, increased water McCloud River near Lake Shasta (SWRCB 2010 (Ash Cr), pp. 6, 7). The temperatures and increased flows were (Hershler et al. 2007, p. 405; Haley source of contamination was not closely correlated with decreased 2012a, p. 3). One could potentially be established (SWRCB 2010(Ash Cr), p. 5), population densities in the Pit 3 reach, inundated by the lake if a proposal to although feces from grazing cattle is a but not in the Pit 4 or 5 reaches. raise the height of Shasta dam up to 18.5 possibility (see below). Although nugget Despite any decreases, nugget ft (5.6 m) is carried out (U.S. Bureau of pebblesnails are considered sensitive to pebblesnails remained common Reclamation (USBR) 2007, p. ES 6; water pollution (Furnish and Monthey throughout the three survey years, and USBR 2011, pp. 1–6). Inundation 1999, Sect. 3, pp. 5, 8), their response no sites were extirpated (PGE 2011, pp. resulting from the higher reservoir level to E. coli contamination is not known. 26 37; PGE 2012, p. 27). Average made possible by raising the dam height No population trend data are available densities in 2009 ranged from 240 to would likely remove necessary flows for nugget pebblesnails in Ash Creek, 4,970 snails per square meter, while in and would extirpate the site. The best therefore, it is difficult to infer any 2011 they ranged from 10 to 5,058 snails available scientific and commercial direct response to E. coli levels at this per square meter. The nugget information does not indicate the location. pebblesnail was also the most common likelihood of the proposal being aquatic snail in each of the three areas implemented (USBR 2011, pp. 182– Grazing and Logging surveyed in 2009 (PGE 2010, p. 41), 184), nor the likelihood of relocating the In the middle and lower Pit River area whereas, in the following 2 years it was nugget pebblesnails or otherwise (including lower Hat Creek), 7 occupied the most common in the Pit 3 and Pit mitigating the project’s impact. sites are on National Forest lands in the 4 reaches, but the second-most common NWFP area, 14 are on PGE lands, and Water Quality in the Pit 5 reach (PGE 2011, p. 29; PGE 1 is in MacArthur-Burney State Park 2012, p. 28). Accordingly, while the The Pit River is considered a water- (Stewardship Council 2007, Vol. 2, pp. current data from PGE surveys indicate quality limited segment for 198 km (123 PM–20, PM–30, PM–38, PM–58). The that increased flow releases may have mi) upstream of Shasta Lake, due to sites on NWFP lands benefit from the impacted the nugget pebblesnail in at added nutrients from agriculture and SMP and ACS, (see Generally least some of their lower Pit River sites, grazing that encourage algal growth (see Applicable Federal Regulatory high densities of nugget pebblesnails canary duskysnail above) (SWRCB Mechanisms, above) and so are unlikely persist in all three reaches despite these 2010a, p. 164). Sixteen sites occupied by to be threatened by grazing or logging impacts. We therefore do not consider the nugget pebblesnail are within that taking place on those lands. Such the existing data to indicate that area, including the 12 sites considered activities would be subject under the increased flows are likely to threaten the above with regard to impoundments, SMP to predisturbance surveys and continued existence of the nugget and an additional 4 sites upstream of management of known sites to support pebblesnail in the area. PGE will the Pit 3, 4 and 5 reaches. Although we species persistence (Molina et al. 2006, continue to monitor mollusk lack information regarding the impacts p. 312; Olson et al. 2007, abstract). populations, so any significant declines (if any) of the impaired water quality on Under the ACS they would also be in nugget pebblesnail populations the snails, snail populations at 12 of the subject to close regulation within should be detected promptly (PGE 2012, 16 occupied sites are subject to annual riparian reserve buffer areas so as to p. 1). monitoring (see Impoundments). At this maintain water quality and aquatic Four sites in the lower Hat Creek point, after only 3 years of monitoring ecosystem integrity (USDA and USDI watershed also are potentially affected and 1 year at the full flow releases 1994a, p. 9; USDA and USDI 1994b, pp. by dams. Two of these are in Baum Lake established by the operating license, the C–31–C–38). The site at the State Park near the outflow of Crystal Lake, and data do not indicate that water quality is also unlikely to be threatened by close to the Baum Lake location of is a threat to nugget pebblesnail grazing or logging, as the Park is canary duskysnails (discussed above) populations in the lower Pit River. committed to maintaining its scenic (Hershler et al. 2007, p. 405). Another Sediment levels in the upper Fall features in a natural condition occupied site is at Crystal Lake, a River and high pH in Eastman Lake (see (California Department of Parks and spring-fed lake that flows into Baum canary duskysnail, above) may affect Recreation (CDPR) 1997, p. 46), and to Lake at its eastern end (PGE 2006, fig 1, nugget pebblesnails at three occupied take measures to monitor and maintain p. 46; Hershler et al. 2007, p. 405). A sites in those locations. Three additional natural water quality, channel flow, and fourth site is upstream of Baum Lake, occupied sites in upper Ash Creek sediment transport rates (CDPR 1997, p. just below the PGE dam (Hat Creek 1) (Lassen County) may also be subject to 47). Although the State is considering that forms Cassel Pond. Licensing alkalinity levels slightly above the closing several State Parks in order to requirements, established by the Federal established water quality limit of 8.5 pH save money, neither MacArthur-Burney Energy Regulatory Commission (FERC) (SWRCB 2010a, p. 137; SWRCB 2010b, State Park, nor Ahjumawi Lava Springs when the two dams were relicensed in p. 1). Three water quality samples from State Park (discussed below) are among 2002 establish minimum flows of 8 cfs the area showed pH levels of 8.62, 8.53, those being considered for closure in Hat Creek below the Hat Creek 1 dam and 8.58 (SWRCB 2010b, p. 8). (CDPR 2012, p. 2). (White 2008, pp. 1, 2) and also require The three occupied sites in upper Ash Lands owned by PGE are also subject PGE to maintain the surface of Baum Creek discussed above may also be to conservation management. Due to Lake at a constant height (FERC 2011, p. subject to levels of Escherichia coli (E. bankruptcy proceedings in 2004 1). Accordingly, the occupied sites in coli) bacteria (an indicator of sewage (Stewardship Council 2007, Vol. 1, pp. Baum Lake are likely to be kept at a contamination) exceeding water quality ES–1, ES–2), PGE accepted a settlement

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agreement with the California Public A general plan is not yet completed are protected by conservation provisions Utilities Commission (PUC) that for Ahjumawi Lava Springs State Park, established for PGE lands under a requires PGE to protect the lands but the California State Park System settlement agreement, and one is associated with its dams, either by maintains a resource management protected by State Park regulations. In establishing conservation easements or program with the general goal of the upper Fall River drainage several by donating the land to qualified protecting, restoring, and maintaining habitat improvement projects have been conservation managers. A nonprofit the natural resources within the Parks completed by landowners, while in the corporation was established that (CDPR 2012, p. 2). Ash Creek drainage two occupied sites published a land conservation plan in There are three occupied sites in are on un-grazed Federal land protected 2007 (Stewardship Council 2007, Vol. 1, upper Ash Creek in Lassen County; two by the SNFPA, and one is on grazed p. ES–1). As the plan indicates, grazing occupied sites are in the Modoc private land. We conclude, based on the has been eliminated to protect water National Forest and the other is on best available scientific and commercial quality in the areas of the Pit 3, 4, and private land. The sites in the National information, that the present or 5 dams and associated reaches since the Forest are in the Ash Creek management threatened destruction, modification or late 1980s (Stewardship Council, Vol. 2, unit of the Round Valley grazing curtailment of its habitat or range does p. PM–47). Grazing was eliminated in allotment, where grazing is not not constitute a significant threat to the the general vicinity of the PGE dams on currently permitted (Raymond 2012, p. species now or in the future. 1). Grazing does occur on private lands Hat Creek in 2001 (Stewardship Council Factor B. Overutilization for 2007, Vol. 2, p. PM–31). Current timber farther upstream from the National Forest, however (Raymond 2012, p. 1), Commercial, Recreational, Scientific, or management activities on the PGE Hat Educational Purposes Creek and Fall River lands are restricted so it may occur in the vicinity of the to mitigating for watershed and forest occupied site on private land. Grazing Our review of the best available health issues (Stewardship Council in and around streams on private land scientific and commercial information 2007, Vol. 2, pp. PM–3, PM–31). A is not closely regulated, and can lead to yielded nothing to indicate that single timber management unit of 2,499 trampled vegetation, fecal matter in the overutilization for commercial, ac (1,011 ha) exists in the vicinity of water, and a muddier and warmer recreational, scientific, or educational Lake Britton and the Pit 3 reach and is stream (Meehan and Platts 1978, p. 276; purposes is occurring at this time or is managed for multiple uses (Stewardship Stephenson and Street 1978, p. 152; likely to occur in the future. We therefore conclude such overutilization Council, Vol. 2, p. PM–40). In the Pit 4 Kauffman and Krueger 1984, p. 432), all does not constitute a threat to the nugget reach, six timber management units of which would negatively impact the pebblesnail. totaling 2,123 ac (859 ha) are currently nugget pebblesnail. We do not have managed for sustainable production, information regarding the extent of Factor C. Disease or Predation grazing on private lands in the area, nor with the most recent harvest in 2005 Disease and 2006 (Stewardship Council, Vol. 2, of the extent to which protective p. PM–50). management actions may have been We reviewed the best available taken. scientific and commercial information Timber harvest on private lands is The Modoc National Forest also governed by the state Nejedly-Z’berg regarding this species and other similar expects to offer a timber sale this year species, and found no evidence to Forest Practice Act (FPA). The FPA in the vicinity of Ash Creek, possibly requires timber harvesters to submit a indicate that disease is impacting nugget leading to timber removal in the spring pebblesnail populations. publicly reviewable Timber Harvest of 2013 (Raymond and Bryan 2012, p. Plan (THP) to the California Department 1). Timber removal would be subject to Predation of Forest and Fire Protection (CAL FIRE) restrictions established by the SNFPA The nugget pebblesnail occurs in the (Kier Associates 2011b, p. 2) and to (see Hat Creek pebblesnail, above). same general areas as the canary maintain buffers around fish-bearing duskysnail, and may also be subject to Summary of Factor A streams of at least 75 ft (23 m) within predation by the introduced signal which at least 50 percent of overstory In summary, flow rates from the Pit 3, crayfish. Predation by dense crayfish and understory vegetation and 75 4, and 5 dams, as well as impaired water populations can significantly impact percent of total original vegetation must quality, may be affecting occupied aquatic snails (Lorman and Magnuson remain uncut (CAL FIRE 2012, pp. 68– locations in the lower Pit River, but the 1978, p. 9). However, our only data 72). nugget pebblesnail remains extremely regarding signal crayfish densities In the upper Fall River drainage, eight common in the area, and ongoing indicate those densities appear to be occupied sites are on private land, one monitoring will alert us if species holding stable at levels equivalent to is on an Indian PDA, and three are in persistence in the area becomes those of the native Shasta crayfish, the Ahjumawi Lava Springs State Park. threatened. Potential water quality alongside which the nugget pebblesnail Various habitat improvement measures issues may also apply to three sites in has evolved (see Canary Duskysnail, have been carried out by private the upper Fall River drainage and to above) (Ellis 1999, p. 58; PGE 2011b, pp. landowners in the area, including the three sites at Ash Creek, but the iii, 10; PGE 2012b, p. 9). We do not erection of exclusion fencing, bank available data do not show that resident expect occupied areas within the stabilization projects, and the nugget pebblesnail populations are, or current range of both crayfish species to replacement and upgrade of a railroad are likely to be, impacted by these be subject to high combined crayfish crossing that had collapsed twice in the issues. Available data also do not densities, because past monitoring has past (see canary duskysnail, above) suggest that any occupied sites are shown a strong tendency for one or the (FRRCD 2005, pp. 1–3; Ellis and Haley threatened by grazing or logging, and other crayfish species to be common in 2012, p. 1). Landowners also took steps most occupied locations along the Pit an area, but not both (Ellis 1999, pp. 57, to reduce the potential for serious River also receive high levels of 58; Service 2009, p. 9) (see Canary wildfires and to prevent erosion of regulatory protection from grazing and Duskysnail, above). Hence, the available sediment from a nearby meadow logging. Seven of those sites are evidence does not support the (FRRCD 2005, p. 3). protected by the SMP and ACS, fourteen contention that signal crayfish are

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present in the range of the nugget Factor E. Other Natural or Manmade middle and lower Pit River or upper pebblesnail in sufficiently high Factors Affecting Its Continued Fall River drainages, but given the densities to pose a predation risk to the Existence general volcanic geology of the entire nugget pebblesnail. Furthermore, the Competition With Invasive Species area (U.S. National Park Service information does not indicate any trend (USNPS) 2005, p. 1), we consider it The New Zealand mudsnail has the in the densities of the signal crayfish most likely that these sites also will potential to outcompete and thereby maintain relatively constant flow rates that would lead us to a conclusion that threaten the nugget pebblesnail if it can the predation risk would increase in the and water temperatures despite climate establish itself at a significant number of change. future. locations that the nugget pebblesnail We therefore conclude, based on the currently occupies (see canary Catastrophic Events—Chemical Spills best available scientific and commercial duskysnail, above). However, the level The nugget pebblesnail was information, that neither disease nor of threat is somewhat reduced by the apparently extirpated from the upper predation constitutes a significant threat nugget pebblesnail’s greater range as Sacramento River due to a catastrophic to the species now or in the future. compared to the canary duskysnail. We spill of herbicide (the Cantara Spill) consider Lake Britton to be at greatest from a derailed rail car in 1991 (see Factor D. The Inadequacy of Existing danger of infestation within that range, Distribution, above) (Frest and Johannes Regulatory Mechanisms due to its ease of access, marina, boat 1995b, pp. 13, 50; Hershler and Frest launch, fishery, and nearby state park 1996, p. 16; ORNHIC 2004k, p. 1). A rail Under this factor, we examine (Stewardship Council, Vol. 2, pp. PM– line owned by the McCloud River whether existing regulatory mechanisms 37–39). As discussed above in relation Railroad crosses the Pit River just are inadequate to address the threats to to the canary duskysnail, once the first upstream of Lake Britton, but freight the species discussed under the other infestation point is established, new service on the line was discontinued in factors. Section 4(b)(1)(A) of the Act infestation points could be expected to 2006 (Trainweb undated, p. 1). A rail requires the Service to take into account establish themselves from that base. At line owned by the Burlington Northern ‘‘those efforts, if any, being made by any that point, if it occurs, we could and Santa Fe (BNSF) railroad crosses State or foreign nation, or any political ascertain whether the New Zealand the Pit River much farther upstream in subdivision of a State or foreign nation, mudsnail was spreading in a manner Lassen County, south of the town of to protect such species * * *’’. We likely to threaten the nugget pebblesnail Nubieber, and runs close to the Pit River interpret this language to require the in a significant portion of its range. At for almost 4 km (2.5 mi) after the Service to consider relevant Federal, the current time, no infestations of New crossing. However, the point where the State, and Tribal laws and regulations Zealand mudsnail are known within the rail line leaves the vicinity of the Pit when developing our threat analyses. nugget pebblesnail’s range. Accordingly, River is approximately 50 km (31 mi) Regulatory mechanisms, if they exist, we do not consider competition from upstream of the closest known occupied may preclude the need for listing if we New Zealand mudsnails to be a threat site on the Pit River. Although the determine that such mechanisms to the canary duskysnail at this time. Cantara spill’s effects may have reached adequately address the threats to the Changes in Precipitation and Water such a distance (Frest and Johannes species such that listing is not Availability Due to Climate Change 1995b, p. 73), in this case a spill from warranted. The analysis of threats to the the BNSF line would have to travel 50 See our discussion of climate change km (31 mi) to affect one occupied nugget pebblesnail under the other in general in the Changes in nugget pebblesnail site, then Factors included consideration of the Precipitation and Water Availability approximately 6.7 km (4.2 mi) to affect ameliorative effects of regulatory Due to Climate Change section under two more, then approximately 23 km mechanisms where applicable, such as ‘‘Factor A’’ in Five-Factor Evaluation of (14 mi) farther (including approximately those discussed under Factor A and Threats for the Canary Duskysnail. 11 km (6.8 mi) through Lake Britton) to under Generally Applicable Federal Climate change is not expected to the next occupied site. If a very large Regulatory Mechanisms, above. significantly change total precipitation spill were to occur, the most sites it Having evaluated the significance of in northern California, but may affect could affect would be the three Pit River the threat as mitigated by any such seasonal water availability in some areas sites upstream of Lake Britton. That conservation efforts, we analyze under due to changes in snowpack melting would still leave 41 known occupied Factor D the extent to which existing times and in the proportion of sites, and so would not pose a threat to precipitation falling as rain rather than regulatory mechanisms are inadequate the species. snow (Dettinger et al. 2004, pp. 43, 44). to address the specific threats to the However, the springs that support sites Summary of Factor E species. We found no significant threats occupied by the nugget pebblesnail in In summary, the nugget pebblesnail is to the nugget pebblesnail under the the middle and lower Pit River and protected from likely impacts of changes other factors, therefore, the analysis of upper Fall River drainages are supplied in precipitation or water availability due any existing regulatory mechanisms’ by large aquifers of porous lava that to climate change by the particular adequacy to address threats is not collect and store water from wide areas, characteristics of its habitat. Although applicable. Consequently, after thereby holding extra water from potential competition from the New reviewing the best available commercial seasons when rain is plentiful and Zealand mudsnail is cause for concern, and scientific information, we conclude delivering it through springs during no site currently occupied by nugget that the inadequacy of existing seasons when it is not (see canary pebblesnail has been colonized and the regulatory mechanisms is not a threat to duskysnail, above). Resulting spring best available information does not the nugget pebblesnail now or in the flows are highly stable in volume, indicate it will colonize areas occupied future. temperature, and clarity (Service 1998, by the nugget pebblesnail, or that it will p. 46) We lack information regarding threaten the nugget pebblesnail with aquifer sizes and collection ranges for extinction if it does so. We conclude the six occupied sites that are not in the that, based on the best available

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scientific and commercial information, We evaluated the current range of the Distribution that other natural or manmade factors nugget pebblesnail to determine if there Only one occupied site (the type such as competition from the New is any apparent geographic location) for the Potem Creek Zealand mudsnail, changes in concentration of potential threats for the pebblesnail is mentioned in the formal precipitation or water availability due to species. The nugget pebblesnail is description of the species (Hershler et climate change, and chemical spills are highly restricted in its range and the al. 2007, p. 412). However, that not a threat to the nugget pebblesnail threats occur throughout its range. We description indicates the species was now or in the future. considered the potential threats due to previously referred to as Fluminicola n. Finding for the Nugget Pebblesnail impoundments, water quality, grazing sp. 2 (Hershler et al. 2007, p. 412). and logging, overutilization, disease or Fluminicola n. sp. 2 (common name We have carefully assessed the best predation, the inadequacy of existing scientific and commercial information Potem pebblesnail) has been identified regulatory mechanisms, competition at 11 locations (Frest and Johannes available regarding the past, present, with invasive species, changes in and future threats faced by the nugget 1995b, pp. T10–T13, T17, T22, T23), precipitation and water availability due including the 1 site mentioned by pebblesnail. We reviewed the petition, to climate change, and catastrophic available published and unpublished Hershler et al. (2007, p. 412) and 7 sites events such as chemical spills. We in the upper Sacramento River drainage. scientific and commercial information, found no concentration of threats that and information submitted to us during Subsequent communications indicate suggests that the nugget pebblesnail may that the snails from the upper the public comment period following be in danger of extinction in a portion our 90-day petition finding. This finding Sacramento River sites were likely of its range. We found no portions of its Shasta pebblesnails (Fluminicola reflects and incorporates information we range where potential threats are received during the public comment multifarius) rather than Potem significantly concentrated or pebblesnails (Hershler 2012, pp. 2–5; period. We also consulted with substantially greater than in other recognized authorities on this species Johannes 2012c, pp. 2, 3). However, this portions of its range. Therefore, we find has not been confirmed by and Federal and State resource agencies. that factors affecting the species are The nugget pebblesnail occupies 44 reexamination of all the specimens essentially uniform throughout its involved (Hershler 2012, p. 2; Johannes sites, and a review of the best available range, indicating no portion of the range information does not indicate that 2012c, p. 1). As discussed below, Shasta of the species warrants further pebblesnails are unusually variable in populations at any site are likely to be consideration of possible endangered or extirpated due to impoundments, water form (Hershler et al. 2007, p. 419). Prior threatened status under the Act. quality, grazing and logging, to genetic tests establishing the species overutilization, disease or predation, the We find that the nugget pebblesnail is identity of the Shasta and Potem Creek inadequacy of existing regulatory not in danger of extinction now, nor is pebblesnails (Hershler et al. 2007, pp. mechanisms, competition with invasive likely to become endangered within the 380–382), the particular morphological species, changes in precipitation and foreseeable future, throughout all or a characteristics separating one from the water availability due to climate change, significant portion of its range. other may not have been clear. The or catastrophic events such as chemical Therefore, listing the nugget pebblesnail seven Potem pebblesnail sites in the spills, now or in the foreseeable future. as endangered or threatened under the upper Sacramento River, and the three The best available scientific and Act is not warranted at this time. Potem pebblesnail sites in the Pit River commercial information at this time Potem Creek Pebblesnail (Fluminicola drainage (other than the Potem Creek does not indicate that there is likely to Potemicus) pebblesnail type location) identified by be a change in any of these stressors in Frest and Johannes in 1995 (Frest and the future. Species Information for the Potem Creek Johannes 1995b, pp. T13, T17), are, Based on our review of the best Pebblesnail therefore, considered unconfirmed. available scientific and commercial Taxonomy and Species Description We have also received information information pertaining to the five regarding three additional sites in the factors, we find that the threats as The Potem Creek pebblesnail was lower Pit River drainage with snails described above either alone or in formally named and described in 2007 tentatively identified (based on shell combination, are not of sufficient (Hershler et al. 2007, pp. 412–415). alone) as Potem Creek pebblesnails imminence, intensity, or magnitude to Prior to 2007, it was referred to as the (Haley 2012, pp. 1, 3). Therefore, we are indicate that the nugget pebblesnail is in ‘‘Potem pebblesnail (Fluminicola n. sp. aware of 1 confirmed site (the type danger of extinction (endangered) or 14)’’ (Frest and Johannes 1999, pp. 35– location) and 13 unconfirmed sites. likely to become endangered within the 38). It was also referred to as the ‘‘Potem Seven of the unconfirmed sites are in foreseeable future (threatened), pebblesnail (Fluminicola n. sp. 2)’’ by the upper Sacramento River drainage, throughout all of its range. Frest and Johannes (1995b, pp. 42, 43) while all of the other sites are in the (Hershler et al. 2007, p. 414). Although lower Pit River drainage. One of the Significant Portion of the Range pebblesnails in general (Fluminicola unconfirmed sites in the Pit River Having determined that the nugget genus) had previously been considered drainage is on Shasta-Trinity National pebblesnail is not endangered or part of the Hydrobiidae family (Hershler Forest land within the NWFP area. All threatened throughout all of its range, et al. 2003, p. 275), they have since been other sites are on private land. The type we must next consider whether there reassigned to the Lithoglyphidae family location is on a small private inholding are any significant portions of the range (Hershler et al. 2007, p. 371). within the perimeter of the Shasta- where the nugget pebblesnail is in The shell of the Potem Creek Trinity National Forest. danger of extinction or is likely to pebblesnail is about 2.5 to 3.3 mm (0.1 become endangered in the foreseeable to 0.13 in) tall, with 3 to 3.75 whorls. Habitat and Biology future. See Significant Portion of the Its periostracum is tan or light green, The Potem Creek pebblesnail occurs Range under Summary of Procedures for and the head of the snail itself is pale on muddy or silty substrates in small, Determining the Listing Status of brown or gray (Hershler et al. 2007, p. cold springs and spring runs (Frest and Species. 412). Johannes 1995b, p. A7 (site 36); Frest

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and Johannes 1999, p. 36). It appears to Factor C. Disease or Predation species such that listing is not graze on partly decayed deciduous Disease warranted. leaves (Frest and Johannes 1999, p. 36). Having evaluated the significance of We have no specific information We reviewed the best available the threat as mitigated by any such regarding reproduction for this species, scientific and commercial information conservation efforts, we analyze under but members of the Fluminicola genus regarding this species and other similar Factor D the extent to which existing typically live a single year and breed species, and found no evidence to regulatory mechanisms are inadequate only once (Furnish and Monthey 1999, indicate that disease is impacting Potem to address the specific threats to the Sect. 2, p. 5; ORNHIC 2004, p. 2). They Creek pebblesnail populations. species. We found no significant threats generally lay eggs in the spring, which Predation to the Potem Creek pebblesnail under hatch in 2 to 4 weeks. They are not the other factors, therefore, the analysis The Potem Creek pebblesnail occurs known to disperse widely, and are of any existing regulatory mechanisms’ in the same general areas as the canary highly sensitive to water pollution, adequacy to address threats is not duskysnail, and may also be subject to decreases in dissolved oxygen, elevated applicable. Consequently, after predation by the introduced signal temperatures, and sedimentation reviewing the best available commercial crayfish. Predation by dense crayfish (Furnish and Monthey 1999, Sect. 2, pp. and scientific information, we conclude populations can significantly impact 5, 7; Hershler et al. 2007, p. 372). that the inadequacy of existing aquatic snails (Lorman and Magnuson regulatory mechanisms is not a threat to Factor A. The Present or Threatened 1978, p. 9). However, our only data the Potem Creek pebblesnail now or in Destruction, Modification, or regarding signal crayfish density the future. Curtailment of Its Habitat or Range indicates those densities appear to be Impoundments holding stable at levels equivalent to Factor E. Other Natural or Manmade those of the native Shasta crayfish, Factors Affecting Its Continued All of the Potem Creek pebblesnail alongside which the Potem Creek Existence occupied sites (confirmed and pebblesnail has evolved (see canary Competition with Invasive Species unconfirmed) are in small spring ponds duskysnail, above) (Ellis 1999, p. 58; or creeks (Frest and Johannes 1995b, pp. PGE 2011b, pp. iii, 10; PGE 2012b, p. 9). The New Zealand mudsnail is a 42, A3, A4, A6–A8, A14, A22, T10–T13, None of the confirmed or unconfirmed potential threat to the Potem Creek T17, T22, T23; Hershler et al. 2007, p. Potem Creek pebblesnail sites overlap pebblesnail (see canary duskysnail, 412; Haley 2012, p. 3) and are thus the current range of the Shasta crayfish, above). The level of threat is relatively unlikely to be affected by flow so only the signal crayfish poses a significantly reduced in the three releases from major dams. The three potential predation impact. Hence, the occupied locations (including the type unconfirmed locations found by Haley available evidence does not support the location) that are far from the Pit River. (2012, p. 3) are very close to the edges contention that signal crayfish are Because New Zealand mudsnails are of the Pit 6 and Pit 7 reservoirs, but we present in the range of the Potem Creek transported on boats and fishing are not aware of any plans to raise the pebblesnail in sufficiently high equipment (NBII 2011, pp. 1–3), they surface levels of those lakes (which densities to pose a predation risk to the are less likely to become established in could impede flows and raise Potem Creek pebblesnail. Furthermore, smaller creeks where boating is not temperatures). The surface level of the information does not indicate any possible and fishing by non-locals is Shasta Lake may be raised up to 18.5 ft trend in the densities of the signal less common. The seven unconfirmed (5.6 m) if a proposal by USBR to enlarge crayfish that would lead us to a sites in the upper Sacramento River are Shasta Dam is implemented (see nugget conclusion that the predation risk at greater potential risk because New pebblesnail, above), but the closest would increase in the future. Zealand mudsnails have been reported occupied location of the Potem Creek We therefore conclude, based on the at Castle Lake, which is about 5.6 km pebblesnail (the type location) is over best available scientific and commercial (3.5 mi) from Siskiyou Lake 350 ft (107 m) above the current information, that neither disease nor (McAlexander 2012a, p. 1; McAlexander elevation of the lake surface, and would predation constitutes a significant threat 2012b, p. 1). If the New Zealand therefore remain unaffected. We to the species now or in the future. mudsnail established itself in Siskiyou conclude that, based on the best Lake, it might then easily wash down available scientific and commercial Factor D. The Inadequacy of Existing the Sacramento River, potentially information, that the present or Regulatory Mechanisms establishing anywhere along the route, threatened destruction, modification or Under this factor, we examine which might include any of the seven curtailment of its habitat or range does whether existing regulatory mechanisms unconfirmed occupied sites. Since the not constitute a significant threat to the are inadequate to address the threats to Sacramento River occupied sites are species. the species discussed under the other unconfirmed, however, and since the factors. Section 4(b)(1)(A) of the Act available data does not indicate New Factor B. Overutilization for requires the Service to take into account Zealand mudsnails will establish Commercial, Recreational, Scientific, or ‘‘those efforts, if any, being made by any themselves at Lake Siskiyou or points Educational Purposes State or foreign nation, or any political downstream, we do not consider the Our review of the best available subdivision of a State or foreign nation, New Zealand mudsnail a threat to the scientific and commercial information to protect such species * * * ’’. We continued existence of the Potem Creek yielded nothing to indicate that interpret this language to require the pebblesnail. overutilization for commercial, Service to consider relevant Federal, recreational, scientific, or educational State, and Tribal laws and regulations Changes in Precipitation and Water purposes is occurring at this time or is when developing our threat analyses. Availability Due to Climate Change likely to occur in the future. We Regulatory mechanisms, if they exist, See our discussion of climate change therefore conclude such overutilization may preclude the need for listing if we in general in the Changes in does not constitute a threat to the Potem determine that such mechanisms Precipitation and Water Availability Creek pebblesnail. adequately address the threats to the Due to Climate Change section under

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‘‘Factor A’’ in Five-Factor Evaluation of Although potential competition from indicate that the Potem Creek Threats for the Canary Duskysnail. the New Zealand mudsnail is cause for pebblesnail is in danger of extinction Climate change is not expected to concern, no site currently occupied by (endangered) or likely to become significantly change total precipitation the Potem Creek pebblesnail has been endangered within the foreseeable in northern California, but may affect colonized and there is nothing to future (threatened), throughout all of its seasonal water availability in some areas indicate the New Zealand mudsnail will range. due to changes in snowpack melting colonize any of the locations occupied Significant Portion of the Range times and in the proportion of by the Potem Creek pebblesnail. There precipitation falling as rain rather than is also no direct evidence to show that Having determined that the Potem snow (Dettinger et al. 2004, pp. 43, 44). any such occupied locations would be Creek pebblesnail is not endangered or However, the springs supporting sites extirpated by such a colonization were threatened throughout all of its range, occupied by the Potem Creek it to occur. The two species are not we must next consider whether there pebblesnail in the middle and lower Pit known to have interacted in the past. are any significant portions of the range River are supplied by large aquifers of We consider catastrophic events such as where the Potem Creek pebblesnail is in porous lava that collect and store water fire to be unlikely, and the Potem Creek danger of extinction or is likely to from wide areas (see canary duskysnail, pebblesnail is likely to be less strongly become endangered in the foreseeable above). The aquifers are therefore able to affected by siltation than other future. See Significant Portion of the provide water to the springs at highly pebblesnail species. We therefore Range under Summary of Procedures for constant flow rates and temperatures, conclude that, based on the best Determining the Listing Status of despite fluctuations in precipitation. We available scientific and commercial Species. lack information regarding aquifer sizes information, that other natural or We evaluated the current range of the and collection ranges for the seven manmade factors such as competition Potem Creek pebblesnail to determine if unconfirmed sites in the upper from the New Zealand mudsnail, there is any apparent geographic Sacramento River drainage, but based changes in precipitation or water concentration of potential threats for the on the best available scientific and availability due to climate change, or species. The Potem Creek pebblesnail is commercial information and given the fire do not constitute significant threats highly restricted in its range and the general volcanic geology of the entire to the Potem Creek pebblesnail now or threats occur throughout its range. We area (USNPS 2005, p. 1), we consider it in the future. considered the potential threats due to most likely that these sites also will impoundments, overutilization, disease Finding for the Potem Creek Pebblesnail maintain relatively constant flow rates or predation, the inadequacy of existing and water temperatures despite climate We have carefully assessed the best regulatory mechanisms, competition change. scientific and commercial information with invasive species, changes in available regarding the past, present, precipitation and water availability due Catastrophic Events—Fire and future threats faced by the Potem to climate change, and catastrophic Siltation caused by fires would be Creek pebblesnail. We reviewed the events such as fire. We found no likely to be cleared relatively quickly by petition, available published and concentration of threats that suggests springs in the lower Pit River area (see unpublished scientific and commercial that the Potem Creek pebblesnail may be Goose Valley pebblesnail, above). We do information, and information submitted in danger of extinction in a portion of not know the flow rate of the spring at to us during our status review. This its range. We found no portions of its the type location of the Potem Creek finding reflects and incorporates that range where potential threats are pebblesnail, however, so fire remains a information. We also consulted with significantly concentrated or concern at that site. However, for a fire recognized authorities on this species, substantially greater than in other at the location to threaten the species, and we consulted with Federal and portions of its range. Therefore, we find it would have to be serious enough to State resource agencies. Although only that factors affecting the species are produce extensive siltation; the flow of 1 confirmed and 13 unconfirmed essentially uniform throughout its the spring would have to be insufficient occupied sites are known for the Potem range, indicating no portion of the range to flush that siltation; the seven Creek pebblesnail, review of the best of the species warrants further unconfirmed occupied sites in the available information did not indicate consideration of possible endangered or upper Sacramento River drainage would that populations at any site are likely to threatened status under the Act. have to be unoccupied; and the six be extirpated due to impoundments, We find that the Potem Creek unconfirmed occupied locations in the overutilization, disease or predation, the pebblesnail is not in danger of Pit River drainage, (located at distances inadequacy of existing regulatory extinction now, nor is likely to become of 6 to 20 km (3.7 to 12.4 mi) from the mechanisms, competition with invasive endangered within the foreseeable type location) would have to be species, changes in precipitation and future, throughout all or a significant unoccupied or similarly affected by the water availability due to climate change, portion of its range. Therefore, listing fire. We consider such a combination of or catastrophic events such as fire, now the Potem Creek pebblesnail as circumstances unlikely. Additionally, or in the foreseeable future. The best endangered or threatened under the Act the Potem Creek pebblesnail occurs on available scientific and commercial is not warranted at this time. muddy or silty substrates (see Habitat information at this time does not Shasta Pebblesnail (Fluminicola and Biology, above), and so is likely to indicate that there is likely to be a multifarius) be less strongly affected by siltation change in any of these stressors in the than other pebblesnail species. future. Species Information for the Shasta Based on our review of the best Pebblesnail Summary of Factor E available scientific and commercial In summary, the Potem Creek information pertaining to the five Taxonomy and Species Description pebblesnail is protected from expected factors, we find that the threats as The Shasta pebblesnail is an aquatic changes in precipitation or water described above either alone or in snail that was formally named and availability due to climate change by the combination are not of sufficient described in 2007 (Hershler et al. 2007, particular characteristics of its habitat. imminence, intensity, or magnitude to pp. 415–419). This species combines

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four taxa previously considered likely well (Frest and Johannes 1995b, pp. 42, 2005, p. 14; FERC 2006, pp. 3, 4; FERC species, but never formally described: 43; Frest and Johannes 1999, p. 40; 2009, p. 1), but we do not expect these The Sacramento pebblesnail Furnish and Monthey 1999, Sect. 2, p. to have significantly impacted the (Fluminicola n. sp. 1) (Frest and 2). We have no specific information Shasta pebblesnails in the main stem Johannes 1995b, pp. 42, D14) and three regarding reproduction for this species, location. Additional water is also species discussed in Frest and Johannes but members of the Fluminicola genus supplied to that location by Ney Creek, 1999 (pp. 39–50), the flat top typically live a single year and breed which joins the Sacramento River about pebblesnail (Fluminicola n. sp. 15), the only once (Furnish and Monthey 1999, 0.8 km (0.5 mi) upstream of the Shasta Springs pebblesnail (Fluminicola Sect. 2, p. 5; ORNHIC 2004, p. 2). They occupied site. Two additional occupied n. sp. 16), and the disjunct pebblesnail generally lay eggs in the spring, which sites are within a mile downstream (Fluminicola n. sp. 17). The latter three hatch in 2 to 4 weeks. They are not (Hershler et al. 2007, p. 417), but these were included under the SMP (USDA known to disperse widely, and are are in springs and so less likely to be and USDI 2007, pp. 169, 252). Although highly sensitive to water pollution, impacted by flow releases from the dam. pebblesnails in general (Fluminicola decreases in dissolved oxygen, elevated genus) had previously been considered temperatures, and sedimentation Grazing and Logging part of the Hydrobiidae family (Hershler (Furnish and Monthey 1999, Sect. 2, pp. Of the 20 occupied sites, 5 are in a et al. 2003, p. 275), they have since been 5, 7; Hershler et al. 2007, p. 372). small city park unlikely to be used for reassigned to the Lithoglyphidae family Five-Factor Evaluation of Threats for the grazing or logging, 2 are on property (Hershler et al. 2007, p. 371). Shasta Pebblesnail used as a spiritual retreat by the St. The shell of the Shasta pebblesnail is Germain Foundation, 2 are in the 2.3 to 4.6 mm (0.09 to 0.18 in) tall, with Factor A. The Present or Threatened Cantara/Ney Springs Wildlife Area, and a tan, brown, or light green Destruction, Modification, or 1 is in the Shasta-Trinity National periostracum and 3.25 to 4.5 whorls Curtailment of Its Habitat or Range Forest within the NWFP boundary and (Hershler et al. 2007, pp. 417–419). The Impoundments outside of any grazing allotments Shasta pebblesnail has a high range of One occupied site (identified as (Hershler et al. 2007, p. 417). An shell variation, with shapes ranging eleventh occupied site (in Shasta from subglobose to narrowly conic, and USNM 1020758) is located in the main stem of the Sacramento River, about 3 County) is in a spring on a thin strip of lower whorls that are sometimes land between the Union Pacific railroad loosened from the coiling axis and km (1.9 mi) downstream of Box Canyon Dam, which impounds Lake Siskiyou tracks and Interstate 5, and thus sometimes not (Hershler et al. 2007, p. unlikely to be grazed or logged. This 419). This range of morphological (Hershler et al. 2007, p. 415). Due to low generating capacity, the dam was leaves nine sites for which we lack data characteristics is the source of the regarding potential grazing impacts. Shasta pebblesnail’s specific name exempted in 1982 from licensing requirements under the Federal Power Comparisons of mapped Shasta multifarius, meaning ‘‘in various pebblesnail sites (Hershler et al. 2007, manners.’’ Act (Siskiyou County and CDFG 1983a, p. 2). However, the exemption requires pp. 404, 405; Service 2012, p. 1) with Distribution Siskiyou County to comply with locations of planned timber harvests Twenty occupied locations of the requirements established by CDFG for (THP Tracking Center 2012, p. 1) show Shasta pebblesnail are known, 19 of flow releases from the lake. Those no THPs have been filed since 2009 for which are in Siskiyou County, requirements include minimum flow lands covering any of the 20 occupied California, and the other along the volumes (40 cfs), minimum dissolved sites. Sacramento River in Shasta County, oxygen concentrations (7.0 milligrams To summarize: (1) Only a few California (Hershler et al. 2007, pp. per liter (mg/l)), and procedures to locations occur near impoundments, 415–417). All but two sites are in minimize water temperatures during and those impoundments are managed springs or spring runs, the exceptions summer months (by releasing water to minimize potential impacts; (2) the being two sites in the Sacramento River from the lowest possible depth in the locations of 11 of 20 sites makes them itself, which may be associated with lake) (Siskiyou County and CDFG unlikely to be grazed or logged; (3) the nearby springs. Five sites are at Mount 1983a, pp. 2, 3). All of these remaining 9 sites are not scheduled to Shasta City Park, 11 are along the requirements benefit Shasta be logged in the near future, but we lack Sacramento River between Lake pebblesnails in downstream locations, information regarding grazing at those Siskiyou and the southern end of because the upebblesnails require cold, sites. We conclude that, based on the Dunsmuir, and 3 are east of the town of well-oxygenated flowing water (see best available scientific and commercial McCloud in waters that drain into the Habitat and Biology, above). We have information, that the present or McCloud River. There is one occupied obtained monitoring information from threatened destruction, modification or site on Shasta-Trinity National Forest 2003, 2004, and 2006 indicating these curtailment of its habitat or range does land, within the NWFP area, and two requirements were consistently met in not constitute a significant threat to the others in the Cantara/Ney Springs State those years (Webb 2005, pp. 2–13, 18– species. 29; FERC 2006, p. 2). The maximum Wildlife Area. The rest (except for the Factor B. Overutilization for recorded temperature during 2003 and five mentioned above at Mount Shasta Commercial, Recreational, Scientific, or 2004 was 59.2 °F (15.1 °C) (in October City Park) are on private property. Educational Purposes 2003), which is colder than all but one Habitat and Biology of the average water temperatures Our review of the best available The Shasta pebblesnail occurs in cold measured in 2009 through 2011 in the scientific and commercial information perennially flowing waters on substrates Pit 3, 4, and 5 reaches (see Canary yielded nothing to indicate that ranging from sand to cobbles (Frest and duskysnail, above) (PGE 2010, p. 35; overutilization for commercial, Johannes 1995b, p. 42; Frest and PGE 2011, p. 24; PGE 2012, p. 24). recreational, scientific, or educational Johannes 1999, pp. 40, 44, 48). It is often Minimum flow requirements were not purposes is occurring at this time or is associated with watercress, and it feeds met for a few brief periods of 15 minutes likely to occur in the future. We on perilithon and may eat periphyton as or less in 2002, 2005, and 2009 (Webb therefore conclude such overutilization

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does not constitute a threat to the Shasta species such that listing is not Changes in Precipitation and Water pebblesnail. warranted. Availability Due to Climate Change Factor C. Disease or Predation Having evaluated the significance of See our discussion of climate change the threat as mitigated by any such in general in the Changes in Disease conservation efforts, we analyze under Precipitation and Water Availability We reviewed the best available Factor D the extent to which existing Due to Climate Change section under scientific and commercial information regulatory mechanisms are inadequate ‘‘Factor A’’ in Five-Factor Evaluation of regarding this species and other similar to address the specific threats to the Threats for the Canary Duskysnail. species, and found no evidence to species. We found no significant threats Climate change is not expected to indicate that disease is impacting Shasta to the Shasta pebblesnail under the significantly change total precipitation pebblesnail populations. other factors; therefore, the analysis of in northern California, but may affect Predation any existing regulatory mechanisms’ seasonal water availability in some areas due to changes in snowpack melting It is likely the introduced signal adequacy to address threats is not applicable. Consequently, after times and in the proportion of crayfish has established itself in the precipitation falling as rain rather than upper Sacramento River, as well as the reviewing the best available commercial snow (Dettinger et al. 2004, pp. 43, 44). Pit River. Predation by dense crayfish and scientific information, we conclude However, the water supplying many populations can significantly impact that the inadequacy of existing springs in Shasta and Siskiyou Counties aquatic snails (Lorman and Magnuson regulatory mechanisms is not a threat to is collected from wide areas and 1978, p. 9). However, our only data the Shasta pebblesnail now or in the percolates through porous volcanic regarding signal crayfish densities future. rocks to collect in large aquifers, thereby indicates those densities appear to be holding extra water from seasons when holding stable at levels equivalent to Factor E. Other Natural or Manmade rain is plentiful and delivering it those of the native Shasta crayfish, Factors Affecting Its Continued through springs during seasons when it alongside which the Shasta pebblesnail Existence is not (Service 1998, p. 18). Resulting has evolved (see canary duskysnail, Competition With Invasive Species above) (Ellis 1999, p. 58; PGE 2011b, pp. spring flows are generally highly stable in volume, temperature and clarity iii, 10; PGE 2012b, p. 9). The known The New Zealand mudsnail (see Shasta pebblesnail sites do not overlap (Service 1998, p. 46). We lack canary duskysnail, above) has been information regarding aquifer sizes and the current range of the Shasta crayfish, reported at Castle Lake, which is about so only the signal crayfish poses a collection ranges for the specific springs 5.6 km (3.5 mi) from Siskiyou Lake (see supporting sites occupied by the Shasta potential predation impact. Hence, the Potem Creek pebblesnail, above) available evidence does not support the pebblesnail, but given the general (McAlexander 2012a, p. 1; McAlexander volcanic geology of the entire area contention that signal crayfish are 2012b, p. 1). If the New Zealand present in the range of the Shasta (USNPS 2005, p. 1), we consider it most mudsnail were to establish itself in pebblesnail in sufficiently high likely that these sites will maintain Siskiyou Lake, it could potentially wash densities to pose a predation risk to the relatively constant flow rates and water Shasta pebblesnail. Furthermore, the down the Sacramento River, temperatures despite climate change. information does not indicate any trend establishing anywhere along the route Accordingly, we do not expect changes in the densities of the two crayfish that and thereby potentially competing in precipitation or water availability due would lead us to a conclusion that the directly with the Shasta pebblesnail at to climate change to significantly affect predation risk would increase in the 11 of its 20 known occupied sites, the species. future. including 2 sites in the river itself and Catastrophic Events—Chemical Spills We therefore conclude, based on the 9 sites in springs that are close to the best available scientific and commercial river and hydrologically connected to it In 1991, a Southern Pacific railroad information, that neither disease nor (Hershler et al. 2007, pp. 415, 417). If car carrying the herbicide metam predation constitutes a significant threat that were to happen, it could pose a sodium spilled its contents into the upper Sacramento River near Dunsmuir to the species now or in the future. threat to the species. However, the (Frest and Johannes 1995b, p. 13). The available information does not indicate Factor D. The Inadequacy of Existing spill eliminated numerous mollusks that such a scenario is likely. We Regulatory Mechanisms from the main stem, but did not consider the risk of infestation to be Under this factor, we examine eliminate Shasta pebblesnails from their much lower in springs adjoining the whether existing regulatory mechanisms remaining known occupied sites along are inadequate to address the threats to river since the New Zealand mudsnails the river, presumably because most of the species discussed under the other could not simply be washed to such those sites are in springs to the side of factors. Section 4(b)(1)(A) of the Act locations by the current. Nine of the the main stem (Frest and Johannes requires the Service to take into account eleven Shasta pebblesnail sites in the 1995b, p. 73; Hershler et al. 2007, pp. ‘‘those efforts, if any, being made by any upper Sacramento River area are in 415–417). The flow from those springs State or foreign nation, or any political adjoining springs. Additionally, CDFG would have prevented the chemical subdivision of a State or foreign nation, is following a national control plan from traveling from the river into the to protect such species * * *’’. We (ANSTF 2007, entire) and has posted springs themselves. The one occupied interpret this language to require the information and downloadable posters site in the main stem of the river near Service to consider relevant Federal, and wallet cards to its Web site (see Dunsmuir is about 500 m (1,640 ft) State, and Tribal laws and regulations canary duskysnail, above) (CDFG upstream of the spill site (Frest and when developing our threat analyses. undated, p. 1). Accordingly, we do not Johannes 1995b, p. F4). Since the time Regulatory mechanisms, if they exist, consider competition from the New of the spill, the railroad company may preclude the need for listing if we Zealand mudsnail a threat to the involved (Southern Pacific) has been determine that such mechanisms species. acquired by the Union Pacific, which adequately address the threats to the has taken several steps to prevent a

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recurrence of the accident. These steps and information submitted to us during considered the potential threats due to include regrading the section of track, our status review. This finding reflects impoundments, grazing and logging, replacing the wooden ties with concrete and incorporates that information. We overutilization, disease or predation, the ties, lowering the maximum length of also consulted with recognized inadequacy of existing regulatory trains operating in the area, reducing the authorities on this species and Federal mechanisms, competition with invasive maximum speed, upgrading and State resource agencies. Although species, changes in precipitation and locomotives, and requiring locomotives only 20 occupied sites are known for the water availability due to climate change, to be spread more evenly throughout Shasta pebblesnail, a review of the best and catastrophic events such as each train (Darling 2011, p. 4). If such available information does not indicate chemical spills. We found no a spill were to recur, most Shasta that populations at any site are likely to concentration of threats that suggests pebblesnail populations would again be be extirpated due to impoundments, that the Shasta pebblesnail may be in protected by their location in springs grazing and logging, overutilization, danger of extinction in a portion of its and spring runs outside the main stem disease or predation, the inadequacy of range. We found no portions of its range flow. existing regulatory mechanisms, where potential threats are significantly competition with invasive species, Summary of Factor E concentrated or substantially greater changes in precipitation and water than in other portions of its range. In summary, the Shasta pebblesnail is availability due to climate change, or Therefore, we find that factors affecting protected from expected changes in catastrophic events such as chemical the species are essentially uniform precipitation or water availability due to spills, now or in the foreseeable future. throughout its range, indicating no climate change by the particular The best available scientific and portion of the range of the species characteristics of its habitat. Although commercial information at this time warrants further consideration of potential competition from the New does not indicate that there is likely to possible endangered or threatened Zealand mudsnail is cause for concern, be a change in any of these stressors in status under the Act. no site currently occupied by the Shasta the future. pebblesnail has been colonized and Based on our review of the best We find that the Shasta pebblesnail is there is nothing to indicate the New available scientific and commercial not in danger of extinction now, nor is Zealand mudsnail will colonize any of information pertaining to the five likely to become endangered within the the locations occupied by the Shasta factors, we find that the threats as foreseeable future, throughout all or a pebblesnail. There is also no direct described above either alone or in significant portion of its range. evidence to show that any such combination are not of sufficient Therefore, listing the Shasta pebblesnail occupied locations would be extirpated imminence, intensity, or magnitude to as endangered or threatened under the by such a colonization were it to occur. indicate that the Shasta pebblesnail is in Act is not warranted at this time. The two species are not known to have danger of extinction (endangered) or References Cited interacted in the past. If a chemical spill likely to become endangered within the were to occur, most Shasta pebblesnail foreseeable future (threatened), A complete list of references cited is populations would be protected by their throughout all of its range. available on the Internet at http:// location in springs and spring runs www.regulations.gov and upon a request Significant Portion of the Range outside the main stem flow. We to the Sacramento Fish and Wildlife therefore conclude that, based on the Having determined that the Shasta Office (see ADDRESSES section). best available scientific and commercial pebblesnail is not endangered or information, that other natural or threatened throughout all of its range, Authors manmade factors such as competition we must next consider whether there The primary authors of this notice are from the New Zealand mudsnail, are any significant portions of the range the staff members of the Sacramento changes in precipitation or water where the Shasta pebblesnail is in Fish and Wildlife Office. availability due to climate change, or danger of extinction or is likely to chemical spills do not constitute become endangered in the foreseeable Authority significant threats to the Shasta future. See Significant Portion of the pebblesnail now or in the future. Range under Summary of Procedures for The authority for this action is section Determining the Listing Status of 4 of the Endangered Species Act of Finding for the Shasta Pebblesnail Species. 1973, as amended (16 U.S.C. 1531 et We have carefully assessed the best We evaluated the current range of the seq.). scientific and commercial information Shasta pebblesnail to determine if there Dated: September 5, 2012. available regarding the past, present, is any apparent geographic and future threats faced by the Shasta concentration of potential threats for the Rowan W. Gould, pebblesnail. We reviewed the petition, species. The Shasta pebblesnail is Acting Director, Fish and Wildlife Service. available published and unpublished highly restricted in its range and the [FR Doc. 2012–22723 Filed 9–17–12; 8:45 am] scientific and commercial information, threats occur throughout its range. We BILLING CODE 4310–55–P

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