Tuesday, April 8, 2003

Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Seven Bexar County, Texas, Invertebrate Species; Final Rule

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\08APR2.SGM 08APR2 17156 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

DEPARTMENT OF THE INTERIOR ‘‘karst’’ refers to a type of terrain that is Cave spider, and Braken Bat Cave formed by the slow dissolution of meshweaver, respectively. Fish and Wildlife Service calcium carbonate from limestone Individuals of the listed species are bedrock by mildly acidic groundwater. small, ranging in length from 1 50 CFR Part 17 This process creates numerous cave millimeter (0.039 inch (in)) to 1 RIN 1018–AI47 openings, cracks, fissures, fractures, and centimeter (0.39 in). They are eyeless, or sinkholes, and the bedrock resembles a essentially eyeless, and most lack Endangered and Threatened Wildlife honeycomb. pigment. Low quantities of food in caves and Plants; Designation of Critical As a result of climatic changes have caused adaptations in these Habitat for Seven Bexar County, TX, beginning two million years ago and species, including low metabolism, long Invertebrate Species lasting until ten thousand years ago, legs for efficient movement, and loss of invertebrate species colonized caves and eyes, possibly as an energy-saving trade- AGENCY: Fish and Wildlife Service, other subterranean voids (Barr 1968; off (Howarth 1983). Survival may be Interior. Mitchell and Reddell 1971; Elliott and possible from months to years with little ACTION: Final rule. Reddell 1989). Species that dwell or no food (Howarth 1983). Adult exclusively in caves and other Cicurina spiders have survived in SUMMARY: We, the U.S. Fish and subterranean voids are referred to as captivity without food for about 4 Wildlife Service (Service), designate ‘‘troglobites.’’ Through faulting and months (James Cokendolpher, Museum critical habitat for seven endangered canyon downcutting, the karst terrain of Texas Tech University, pers. comm. invertebrate species found in Bexar colonized by these species along the 2002). County, Texas, pursuant to the Balcones Fault Zone (a zone Although little is known about the life Endangered Species Act of 1973, as approximately 25 kilometers (km) in history of listed Texas troglobitic amended (Act). The critical habitat width, extending from the northeast invertebrates, they are believed to live designation totals approximately 431 corner of Bexar County to the western for longer than 1 year. This belief is hectares (1,063 acres) in 22 units. edge of the County) became increasingly based, in part, on the amount of time Section 7 of the Act requires Federal dissected, creating ‘‘islands’’ of karst some juveniles have been kept in agencies to ensure, in consultation with and barriers to dispersal. These captivity without maturing (Veni and the Service, that actions they authorize, ‘‘islands’’ isolated troglobitic Associates 1999; James Reddell, Texas fund, or carry out are not likely to result populations from each other, probably Memorial Museum, pers. comm. 2000). in the destruction or adverse resulting in further speciation. For example, James Cokendolpher modification of critical habitat. Section The following nine Bexar County, (Museum of Texas Tech University, 4 of the Act requires us to consider Texas, troglobitic invertebrate species pers. comm. 2002) maintained a economic and other impacts when were listed as endangered on December juvenile troglobitic Cicurina spider from specifying any particular area as critical 26, 2000 (65 FR 81419): spider (no May 1999 through April 2002. habitat. We solicited data and comments common name) (Cicurina venii), Robber Reproductive rates of troglobites are from the public on all aspects of the Baron Cave harvestman (Texella typically low (Poulson and White 1969; proposed rule, including data on cokendolpheri), vesper cave spider Howarth 1983). According to surveys economic and other impacts of the (Cicurina vespera), Government Canyon conducted by Culver (1986), Elliott designation. As a result of comments cave spider (Neoleptoneta microps), (1994a), and Hopper (2000), population and information received, we are not Madla’s cave spider (Cicurina madla), sizes of troglobitic invertebrates are designating critical habitat as originally Robber Baron cave spider (Cicurina typically small, with most species proposed for two species that occur baronia), beetle (no common name) known from only a few specimens entirely on State-owned lands that are (Rhadine exilis), beetle (no common (Culver et al. 2000). subject to a conservation plan. name) (Rhadine infernalis), and Helotes As described below, the primary habitat requirements of these species DATES: This rule becomes effective on mold beetle (Batrisodes venyivi). These May 8, 2003. are karst dwelling species of local include: (1) Subterranean spaces in karst distribution in north and northwest with stable temperatures, high ADDRESSES: Comments and materials Bexar County. They spend their entire humidities (near saturation), and received, as well as supporting lives underground. suitable substrates (for example, spaces documentation used in the preparation Since publication of the listing final between and underneath rocks suitable of this final rule, are available for public rule, the common names for the for foraging and sheltering); and (2) a inspection, by appointment, during following six arachnid species have healthy surface community of native normal business hours at the Austin been changed as a result of a meeting of plants and animals that provide nutrient Ecological Services Field Office, U.S. the Committee on Common Names of input and, in the case of native plants, Fish and Wildlife Service, 10711 Burnet Arachnids of the American act to buffer the karst ecosystem from Road, Suite 200, Austin, Texas 78758. Arachnological Society in 2000. adverse effects (for example, invasions FOR FURTHER INFORMATION CONTACT: Accordingly, we are changing the of nonnative species, contaminants, and Robert Pine, Supervisor, U.S. Fish and common names of the species currently fluctuations in temperature and Wildlife Service, Austin Ecological in the list of Endangered and humidity). These karst invertebrates Services Field Office, at the above Threatened Wildlife (50 CFR 17.11) as require stable temperatures and address (telephone 512/490–0057; Robber Baron Cave harvestman, Robber constant, high humidity (Barr 1968; facsimile 512/490–0974). Baron cave spider, Madla’s cave spider, Mitchell 1971a) because they are SUPPLEMENTARY INFORMATION: vesper cave spider, Government Canyon vulnerable to desiccation in drier cave spider, and one with no common habitats (Howarth 1983) or cannot Background name (Cicurina venii) to Cokendolpher detect or cope with more extreme The seven species for which we are cave harvestman, Robber Baron Cave temperatures (Mitchell 1971a). designating critical habitat in this meshweaver, Madla Cave meshweaver, Temperatures in caves typically remain rulemaking inhabit caves or other Government Canyon Bat Cave at the average annual surface features known as karst. The term meshweaver, Government Canyon Bat temperature, with little variation

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17157

(Howarth 1983; Dunlap 1995). Relative Gap Chalk (Veni 1988). The Edwards Endangered Karst Invertebrate humidity is typically near 100 percent Limestone accounts for one-third of the Distribution in caves that support troglobitic cavernous rock in Bexar County and As of December 2002, 475 caves were invertebrates (Elliott and Reddell 1989). contains 60 percent of the caves, making known to occur in Bexar County, some During temperature extremes, the listed it the most cavernous unit in the of which have been biologically species may retreat into small County. The Austin Chalk outcrop is surveyed for listed species (Veni 2002). interstitial spaces (human-inaccessible) second to the Edwards in total number At least 97 of the 475 caves were sealed connected to a cave, where the physical of caves. In Bexar County, the outcrop or destroyed before they could be environment provides the required of the upper member of the Glen Rose biologically surveyed (Veni 2002). Not humidity and temperature levels Formation accounts for approximately all of the remaining caves in Bexar (Howarth 1983). These species may one-third of the cavernous rock, but County have been adequately surveyed spend the majority of their time in such only 12.5 percent of Bexar County caves for invertebrates. It is likely that some retreats, only leaving them to forage in (Veni 1988). In Bexar County, the Pecan of these caves will be found to contain the larger cave passages (Howarth 1987). Gap Chalk, while generally not one or more of the listed species. When Since sunlight is absent or present in cavernous, has a greater than expected the species were listed as endangered in extremely low levels in caves, most density of caves and passages (Veni December 2000, the Service knew of 57 karst ecosystems depend on nutrients 1988). occupied caves. When critical habitat derived from the surface either directly Veni (1994) delineated six karst areas was proposed in Bexar County in (organic material brought in by animals, within Bexar County. The regions were August 2002, we knew of 69 occupied washed in, or deposited through root named after places within their caves. We now know of 74 caves masses) or indirectly through feces, containing one or more of the listed eggs, and carcasses of trogloxenes boundaries. These karst fauna regions are bounded by geological or species in Bexar County (Table 1). The (species that regularly inhabit caves for following species status descriptions are refuge, but return to the surface to feed) geographical features that may represent obstructions to the movement (on a based on information available to us as and troglophiles (species that may of December 23, 2002. complete their life cycle in the cave, but geologic time scale) of troglobites, may also be found on the surface) (Barr which has resulted in the present-day Braken Bat Cave Meshweaver distribution of endemic (restricted to a 1968; Poulson and White 1969; Howarth The Braken Bat Cave meshweaver, 1983; Culver 1986). Primary sources of given region) karst invertebrates in the Bexar County area. Cicurina venii (Araneae: Dictynidae), nutrients include leaf litter, cave was first collected on November 22, crickets, small mammals, and other These areas have been delineated by 1980, by G. Veni and described by vertebrates that defecate or die in the Veni (1994) into five zones that reflect Gertsch (1992). Braken Bat Cave remains cave. the likelihood of finding a karst feature the only location known to contain this As described in our final rule to list that will provide habitat for the species (Table 1). the nine species (65 FR 81419), the endangered Bexar County invertebrates continuing expansion of the human based on geology, distribution of known Cokendolpher Cave Harvestman population in karst terrain constitutes caves, distribution of cave fauna, and The Cokendolpher cave harvestman, the primary threat to the species primary factors that determine the Texella cokendolpheri (Opilionida: through: (1) Destruction or deterioration presence, size, shape, and extent of Phalangodidae), was collected in 1982 of habitat by construction; (2) filling of caves with respect to cave development. and described by Ubick and Briggs caves and karst features and loss of These five zones are defined as: (1992). This species, along with the permeable cover; (3) contamination Zone 1: Areas known to contain one Robber Baron Cave meshweaver, is only from septic effluent, sewer leaks, runoff, or more of the nine endangered karst known from Robber Baron Cave (Table pesticides, and other sources; (4) exotic invertebrates; 1). species, especially nonnative fire ants (Solenopsis invicta); and (5) vandalism. Zone 2: Areas having a high Government Canyon Bat Cave probability of suitable habitat for the Meshweaver Karst in Bexar County invertebrates; The Government Canyon Bat Cave The northern portion of Bexar County Zone 3: Areas that probably do not meshweaver, Cicurina vespera is located on the Edwards Plateau, a contain the invertebrates; (Araneae: Dictynidae), was first broad, flat expanse of Cretaceous Zone 4: Areas that require further collected on August 11, 1965, by J. carbonate rock that ranges in elevation research but are generally equivalent to Reddell and J. Fish (Reddell 1993), and from 335.5 meters (m) (1,100 feet (ft)) to zone 3, although they may include described by Gertsch (1992). The 579.5 m (1,900 ft) (Veni 1988; Soil sections that could be classified as zone species is currently known from Conservation Service 1962). This 2 or zone 5; and Government Canyon Bat Cave in portion of the Plateau is dissected by Government Canyon State Natural Area Zone 5: Areas that do not contain the numerous small streams and is drained and an unnamed cave referred to as ‘‘5 invertebrates. by Cibolo Creek and Balcones Creek. To miles northeast of Helotes.’’ However, the southeast of the Plateau lies the Under contract with the Service, Veni the specimen collected from the latter Balcones Fault Zone, a 25-km-wide fault (2002) re-evaluated and, where cave has been tentatively identified as a zone that extends from the northeast applicable, redrew the boundaries of new species (Cokendolpher, in press). corner of the County to the western each karst zone originally delineated in County line. The many streams and Veni (1994). Revisions were based on Government Canyon Bat Cave Spider karst features of this zone recharge the current geologic mapping, further The Government Canyon Bat Cave Edwards Aquifer. studies of cave and karst development, spider, Neoleptoneta microps (Araneae: The principal, cave-containing rock and the most current information Leptonetidae), was first collected on units of the Edwards Plateau are the available on the distribution of listed August 11, 1965, by J. Reddell and J. upper Glen Rose Formation, Edwards and nonlisted cave-adapted species Fish (Reddell 1993). The species was Limestone, Austin Chalk, and Pecan (Veni 2002). originally described by Gertsch (1974)

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17158 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

as Leptoneta microps and later meshweaver (a spider) is only known confirmation that R. infernalis collected reassigned to Neoleptoneta following from Robber Baron Cave (Table 1). from Obvious Little Cave has been Brignoli (1977) and Platnick (1986). The Beetle (No Common Name) Rhadine identified as R. infernalis new species is known from 2 caves in exilis subspecies. An additional 5 caves were Government Canyon State Natural Area identified in the proposed rule as (Table 1). The beetle Rhadine exilis (Coleoptera: containing Rhadine infernalis that have Carabidae) was first collected in 1959. Madla Cave Meshweaver not yet been identified at the subspecies The species was described by Barr and level. During the public comment The Madla Cave meshweaver, Lawrence (1960) as Agonum exile and period, we received survey information Cicurina madla (Araneae: Dictynidae), later assigned to the genus Rhadine confirming the presence of R. infernalis was first collected on October 4, 1963, (Barr 1974). The species is currently by J. Reddell and D. McKenzie (Reddell known to have been found in 47 caves in Continental Cave (Table 1). 1993) and described by Gertsch (1992). (Table 1). According to Veni (2002), specimens The Madla Cave meshweaver has been from these caves are probably R. Beetle (No Common Name) Rhadine found in eight caves (Table 1). infernalis infernalis, but have either not The Service is aware of 11 additional infernalis yet been fully identified or not reported. Rhadine infernalis (Coleoptera: caves from which immature, eyeless Helotes Mold Beetle troglobitic Cicurina spiders have been Carabidae) was first collected in 1959. collected (SWCA 2000). Eight of these The species was initially described by The Helotes mold beetle, Batrisodes are in caves that have other listed Barr and Lawrence (1960) as Agonum venyivi (Coleoptera: Pselaphidae), was species and are either included in infernale, but later assigned to the genus first collected in 1984 and described by critical habitat areas or areas that are not Rhadine (Barr 1974). Scientists have Chandler (1992). The species is included in the designation due to the recognized three subspecies (Rhadine currently known from six caves (Table provision of adequate special infernalis ewersi, Rhadine infernalis 1). The location of one of the caves, management. The remaining three are in infernalis, Rhadine infernalis new referred to as ‘‘unnamed cave 1⁄2 mile subspecies) (Barr 1974; Barr and caves where authorization for take of C. north of Helotes,’’ is unknown. The madla was granted to La Cantera under Lawrence 1960; Reddell 1998), all of original record for this cave is from a section 10(a)(1)(B) permit. These three which are included as protected under Barr’s (1974) description of Rhadine caves have been, or will be, heavily the Federal listing of the full species as exilis. Because the number of caves in impacted and are, therefore, not endangered. A total of 35 caves are expected to contribute to the species known to contain Rhadine infernalis the general area is large, the location of recovery. (Table 1). this cave cannot be positively identified Rhadine infernalis ewersi is known (George Veni, George Veni & Associates, Robber Baron Cave Meshweaver from 3 caves. Rhadine infernalis pers. comm. 2002). However, this cave The Robber Baron Cave meshweaver, infernalis is known from 19 caves. The may not be a separate location after all, Cicurina baronia (Araneae: Dictynidae), unnamed new subspecies (Rhadine but may be an existing cave listed by the was first collected in Robber Baron Cave infernalis new subspecies) was known collector under the alternative name ‘‘5 February 28, 1969, by R. Bartholomew from 6 caves at the time of the proposed miles NE of Helotes.’’ The cave referred (Reddell 1993) and described by Gertsch rule designating critical habitat. During to as ‘‘5 miles NE of Helotes,’’ also has (1992). The Robber Baron Cave the public comment period, we received an unknown location.

TABLE 1.—CAVES KNOWN AS OF DECEMBER 23, 2002, TO CONTAIN ONE OR MORE OF THE NINE BEXAR COUNTY, TEXAS, KARST INVERTEBRATES FEDERALLY LISTED AS ENDANGERED

Species (# of caves) Cave name

Braken Bat Cave meshweaver (C. venii) (1) ...... Braken Bat Cave. Cokendolpher cave harvestman (Texella cokendolpheri) (1) ...... Robber Baron Cave. Government Canyon Bat Cave meshweaver (C. vespera) (1) ...... Government Canyon Bat Cave. Government Canyon Bat Cave spider (Neoleptoneta microps) (2) ...... Government Canyon Bat Cave, Surprise Sink. Madla Cave meshweaver (Cicurina madla) (8) ...... Christmas Cave, Madla’s Cave, Madla’s Drop Cave, Helotes Blowhole, Headquarters Cave, Hills and Dales Pit, Robber’s Cave, Lost Pot- hole. Robber Baron Cave meshweaver (C. baronia) (1) ...... Robber Baron Cave Beetle (no common name) (Rhadine exilis) (47) ...... 40 mm Cave, B–52 Cave, Backhole, Black Cat Cave, Boneyard Pit, Bunny Hole, Cross the Creek Cave, Dos Viboras Cave, Eagles Nest Cave, Hairy Tooth Cave, Headquarters Cave, Hilger Hole, Hold Me Back Cave, Hornet’s Last Laugh Pit, Isocow Cave, Kick Start Cave, MARS Pit, MARS Shaft, Pain in the Glass Cave, Platypus Pit, Poor Boy Baculum Cave, Ragin’ Cajun Cave, Root Canal Cave, Root Toupee Cave, Springtail Crevice, Strange Little Cave, Up the Creek Cave. Christmas Cave, Helotes Blowhole, Helotes Hilltop Cave, Logan’s Cave, unnamed cave 1⁄2 mile N. of Helotes. Creek Bank Cave, Government Canyon Bat Cave, Lithic Ridge Cave, Pig Cave, San Antonio Ranch Pit, Tight Cave. Hills and Dales Pit, John Wagner Ranch Cave No. 3, Kamikazi Cricket Cave, La Cantera Cave No. 1, La Cantera Cave No. 2, Mastodon Pit, Robber’s Cave, Three Fingers Cave, Young Cave No. 1. Beetle (no common name) R. infernalis (6) (subspecies not indicated— Canyon Ranch Pit, Continental Cave, Fat Man’s Nightmare Cave, Pig probably R. infernalis infernalis but individual specimens are either Cave, San Antonio Ranch Pit, Scenic Overlook Cave. not fully identified or reported (Veni 2002)).

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17159

TABLE 1.—CAVES KNOWN AS OF DECEMBER 23, 2002, TO CONTAIN ONE OR MORE OF THE NINE BEXAR COUNTY, TEXAS, KARST INVERTEBRATES FEDERALLY LISTED AS ENDANGERED—Continued

Species (# of caves) Cave name

R. infernalis ewersi (3) ...... Flying Buzzworm Cave, Headquarters Cave, Low Priority Cave. R. infernalis new subspecies (7) ...... Caracol Creek Coon Cave, Game Pasture Cave No. 1, Isopit, King Toad Cave, Obvious Little Cave, Stevens Ranch Trash Hole Cave, Wurzbach Bat Cave. R. infernalis infernalis (19) ...... Bone Pile Cave, Dancing Rattler Cave, Government Canyon Bat Cave, Hackberry Sink, Lithic Ridge Cave, Surprise Sink, Christmas Cave, Helotes Blowhole, Logan’s Cave, Madla’s Cave, Madla’s Drop Cave, Crownridge Canyon Cave, Genesis Cave, John Wagner Ranch Cave No. 3, Kamikazi Cricket Cave, Mattke Cave, Robber’s Cave, Scor- pion Cave, Three Fingers Cave. Helotes mold beetle (Batrisodes venyivi) (6) ...... San Antonio Ranch Pit, Scenic Overlook Cave, Christmas Cave, unnamed cave 1⁄2 mile N of Helotes, Helotes Hilltop Cave, unnamed cave 5 miles NE of Helotes.

Animal Community survivorship, higher emigration, and/or populations are those that occur ‘‘in a lower immigration) from habitat patches low-quality habitat in which the birth Cave Crickets ranging in size from 2 to 7 ha (5 to 17 rate is generally lower than the death Cave crickets are a critical source of ac) (Mader 1984; Tscharntke 1992; Keith rate and population density is nutrient input for karst ecosystems (Barr et al. 1993; Lindenmayer and maintained by immigrants from source 1968; Reddell 1993). Cave crickets in Possingham 1995; Hill et al. 1996). populations (Meffe et al. 1997). Because the genus Ceuthophilus occur in most Elliott (1994a) evaluated cave cricket cave crickets are a key source of nutrient caves in Texas (Reddell 1966). Being foraging within 50 m (164 ft) of cave input for karst ecosystems, conserving sensitive to temperature extremes and entrances at his study sites and found adequate areas between karst patches in drying, cave crickets forage on the crickets to the end of the 50 m sampling a manner that allows for movement of surface at night and roost in the cave distance. On a few occasions he individuals among cave cricket during the day. Cave crickets lay their observed cave crickets beyond his populations is likely an important factor eggs in the cave, providing food for a sampling sites, and on one occasion he in long-term maintenance for karst variety of karst species (Mitchell 1971b). set a trap 60 m (197 ft) from the entrance ecosystems. Some karst species also feed on cave and found one large adult. Elliott Subsurface karst areas may also be cricket feces (Barr 1968; Poulson et al. (1994a) concluded that the ‘‘largest important to allow movement among 1995) and on adults and nymphs adults probably are capable of traveling cave cricket populations through the directly (Cokendolpher, in press; Elliott far beyond 60 m from the entrance,’’ but subsurface environment associated with 1994a). Cave crickets are scavengers or he did not have the data necessary to continuous limestone blocks. For detritivores, feeding on dead insects, establish how far they go. During recent example, Caccone and Sbordoni (1987) carrion, and some fruits, but not on cave cricket surveys conducted for an studied nine species of North American foliage (Elliott 1994a). Elliott (2000) studied the community ongoing project in central Texas, an cave crickets (genera Eukadenoecus and ecology of three caves in protected areas adult cave cricket was found foraging 95 Hadenoecus) from sites in North of varying size in northwest Travis and m (311 ft) from the study cave (Steve Carolina, Ohio, Pennsylvania, Williamson Counties, Texas, from 1993 Taylor, Illinois Natural History Survey, Tennessee, Virginia, West Virginia, to 1999. The three caves are in areas pers. comm. 2002). Kentucky, and Alabama. Seven of the protected as mitigation for two listed As trogloxenes, cave cricket species were obligate cave-dwelling species found in Lakeline Cave during populations are dependent on the species that emerged at night to feed. the development of Lakeline Mall. patchy distribution of karst voids. Through genetic analyses of the cave- Lakeline Cave is located on a 0.9 Therefore, cave cricket populations may dwelling species, they found that hectares (ha) (2.3 acres (ac)) protected have a metapopulation (subpopulations species or groups of populations area and is surrounded by parking lots that interact via the dispersal of inhabiting areas where the limestone is and a shopping center. Temples of Thor individuals from one subpopulation to continuous and highly fissured are Cave and Testudo Tube are within others) or a source-sink population genetically less differentiated than are much larger tracts of undeveloped land, structure, and it may be important to populations occurring in regions where being located on 42.5 ha (105 ac), and protect multiple karst features that the limestone distribution is more 10.5 ha (26 ac) of protected areas, support cave crickets in a karst fragmented, indicating more exchange respectively. During the monitoring ecosystem (Helf et al. 1995). of individuals in areas of continuous study (1993–1999), the number of cave Metapopulation dynamics require karst. crickets drastically declined in Lakeline movement among patches, and Helf et al. (1995) suggested that Cave, while they increased slightly or persistence requires interacting patches populations of an eastern species of decreased moderately in the other two that undergo local extinctions and cave cricket (Hadenoecus subterraneus) caves. Elliott (2000) concluded that establishment of new subpopulations in may be at risk because they do not drought, fire ants, and a decrease in areas previously devoid of individuals recover quickly after events such as racoon visitation caused the decline of (Hanski 1999). ‘‘Source’’ populations are drought, floods, and temperature the cave crickets. These results are those that occur ‘‘in a high-quality extremes that preclude or diminish consistent with reports of declines and habitat in which birth rate generally foraging opportunities. These cave extinctions of several invertebrates and exceeds the death rate and the excess cricket populations may have source- small mammals (resulting from lower individuals leave as emigrants.’’ ‘‘Sink’’ sink population dynamics, with some

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17160 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

karst features acting as sources and the compete with or prey upon the listed Listed species, and their associated majority of karst features acting as sinks, species and other species (such as cave prey items, have adapted to native but Helf et al. (1995) recommends that crickets) that are important nutrient vegetation, with its associated nutrients, ‘‘even sink populations should be contributors (Elliott 1994a; Helf, in litt. surface foliage, and subsurface roots. protected because their emigrants can 2002). Before 1860, Bexar County native ‘‘rescue’’ source populations that Tree roots have been found to provide vegetation consisted of an approximate experience local decimation.’’ These a major energy source in shallow lava equal mix of areas with woody and studies suggest that it is important to tubes and limestone caves in Hawaii grassland plants (Del Weniger 1988). In protect the geological features that (Howarth 1981). Jackson et al. (1999) more recent times, exotic species have connect caves and maintain habitat investigated rooting depth in 21 caves often replaced native plants. The effects corridors among caves. on the Edwards Plateau to assess the on listed invertebrates of replacement of belowground vegetational community native with exotic vegetation have not Other Surface Animals structure and the functional importance been reported. Many central Texas caves with of roots. They observed roots endangered invertebrate species are penetrating up to 25 m (82 ft) into the Woodland-Grassland Community frequented by mammals and several interior of 20 of the caves, with roots of Because of the various roles played by species of reptiles and amphibians 6 tree species common to the plateau surface vegetation in maintaining the (Reddell 1967). Although there are no penetrating to below 5 m (16.4 ft). cave and karst ecosystem, including the studies establishing the role of Along with providing directly and listed karst invertebrate species that are mammals in central Texas cave ecology, indirectly nutrients to the karst part of the ecosystem, we examined the the presence of a large amount of animal ecosystem, a healthy vegetative best available scientific information to materials (such as scat, nesting community may also help control the estimate the surface vegetation needed materials, and dead bodies) indicates spread of exotic species. The red to support ecosystem processes. The they are probably important. An imported fire ant (Solenopsis invicta) is woodland-grassland mosaic community important source of nutrients for the an aggressive predator, which has had a typical of the Edwards Plateau is a cave species may be the fungus, devastating and long-lasting impact on patchy environment composed of many microbes, and/or other troglophiles and native ant populations and other different plant species. Van Auken et al. troglobites that grow or feed on feces arthropod communities (Vinson and (1980) studied the woody vegetation of (Elliott 1994b; Gounot 1994). Sorenson 1986; Porter and Savignano the Edwards and Glen Rose formations For predatory troglobites (such as the 1990) and is a threat to the karst in the southern Edwards Plateau in listed Bexar County invertebrates), invertebrates (Elliott 1994b; USFWS Bexar, Bandera, and Medina counties. invertebrates that accidently occur in 1994). Fire ants have been observed They encountered a total of 24 species the caves may also be an important building nests both within and near of plants on the Edwards or Glen Rose nutrient source (Hopper 2000). cave entrances, as well as foraging in geologic formations, two of the Documented accidental species include caves, especially during the summer. principal, cave-containing rock units of snails, earthworms, terrestrial isopods Shallow caves inhabited by listed karst the Edwards Plateau. (commonly known as pillbugs or potato invertebrates are especially vulnerable To maintain natural vegetation bugs), scorpions, spiders, mites, to invasion by fire ants and other exotic communities over the long term, enough collembola (primitive wingless insects species. In addition to preying on cave individuals of each plant species must that are commonly known as invertebrate species, including cave be present for successful reproduction. springtails), thysanura (commonly crickets, fire ants may compete with The number of reproductive individuals known as bristletails and silverfish), cave crickets for food (Elliott 1994a; necessary to maintain a viable or self- harvestmen (commonly known as Helf in litt. 2002). Helf (in litt. 2002) reproducing plant population is daddy-long-legs), ants, leafhoppers, states that competition for food between influenced by needs for satisfactory thrips, beetles, weevils, moths, and flies fire ants and cave crickets (Ceuthophilus germination (Menges 1995), genetic (Reddell 1965; 1966; 1999). secretus) may be a more important variation (Bazzaz 1983; Menges 1995; interaction than predation. The Young 1995), and pollination (Groom Vegetation Community presence of fire ants in and around karst 1998; Jennersten 1995; Bigger 1999). Surface vegetation is an important areas could have a drastic detrimental Pavlik (1996) stated that long-lived, self- element of the karst habitat for several effect on the karst ecosystem through fertilizing, woody plants with high reasons, including its role in providing loss of both surface and subsurface fecundity would be expected to have nutrients from: (1) Direct flow of plant species that are critical links in the food minimum viable population sizes in the material into the karst with water; (2) chain. range of 50–250 reproductive habitat and food sources provided for The invasion of fire ants is known to individuals. Fifty reproductive the animal communities that contribute be aided by ‘‘any disturbance that clears individuals is a reasonable minimum nutrients to the karst ecosystem (such as a site of heavy vegetation and disrupts figure for one of the dominant species cave crickets, small mammals, and other the native ant community’’ (Porter et al. of the community (Juniperous ashei) vertebrates); and possibly, (3) roots that 1988). Porter et al. (1991) state that based on reproductive profiles (Van extend into subsurface areas. Surface control of fire ants in areas greater than Auken et al. 1979; Van Auken et al. vegetation also acts as a buffer for the 5 ha (12 ac) may be more effective than 1980; Van Auken et al. 1981). This subsurface environment against drastic in smaller areas since multiple queen figure would likely be an underestimate changes in the temperature and fire ant colonies reproduce primarily by for other woody species present in moisture regime and serves to filter ‘‘budding,’’ where queens and workers central Texas woodlands, however, pollutants before they enter the karst branch off from the main colony and because these other species are more system (Biological Advisory Team 1990; form new sister colonies. Maintaining sensitive to environmental changes and Veni 1988). In some cases, healthy large, undisturbed areas of native do not meet several of the life-history native plant communities also help vegetation may also help sustain the criteria needed for the lowest minimal control certain exotic species (such as native ant communities (Porter et al. viable population size. Although these fire ants) (Porter et al. 1988) that may 1988; 1991). species may require population sizes at

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17161

the higher end of range (that is, nearer most of the species diversity (100 environment needed by the karst 250 individuals) suggested by Pavlik species) present even in much larger dependent species. This includes not (1996) to be viable, we do not have the patches, although it does not address only the cave entrances accessible to data to support that contention. population sizes and persistence in humans, but also sinks, depressions, Therefore, on the basis of our review of isolation, and an increase to a 6 ha (14 fractures, and fissures, which may serve information available to us, and after ac) tract increased species as subsurface conduits into caves and soliciting input from a botanist with representation to 140. One paper on a other subsurface spaces used by the expertise in the Edwards Plateau (Dr. grassland in a more westerly and drier invertebrates. Kathryn Kennedy, Center for Plant location in Central Texas recorded 157 Buffer Areas Conservation, pers. comm. 2002), we taxa in a 16 ha (40 ac) exclosure studied consider a minimum viable population between 1948 and the mid-1970’s To maintain a viable vegetative size for individual plant species (Smeins and Merrill 1976). community, including woodland and composing a typical oak/juniper Primary recruitment of new grassland species, a buffer area is woodland found in central Texas to be individuals of grass species in needed to shield the core habitat from 80 individuals per species. This grasslands is from seedling impacts associated with edge effects or estimate is based on a habitat type that, establishment. Many grass species use disturbance from adjacent urban as a whole, is fairly mature, and on wind to disperse their seeds and development (Lovejoy et al. 1986; knowledge that the species are relatively dispersal distances may be small. The Yahner 1988). In this context, edge long-lived and reproductively process of expansion through rhizomes effects refer to the adverse changes to successful. (underground stems) is slow and clonal, natural communities (primarily from On the basis of an analysis of which reduces genetic variability. Seed increases in invasive species and recorded densities, corrected for dispersal, soil texture, and suitable soil pollutants, and changes in nonreproductive individuals, we then moisture profiles at critical times are microclimates) from nearby areas that calculated the area needed to support 80 important factors for maintaining have been modified for human mature reproductive individuals per viability (Coffin et al. 1993). development. species for the 24 species reported by As described above, we have The changes caused by edge effects Van Auken et al. (1980). Based on our reviewed the available information can occur rapidly. For example, calculations, the four highest area concerning grasslands and grassland vegetation 2 m (6.6 ft) from a newly requirements to maintain at least 80 species in Central Texas. The created edge can be altered within days mature individuals were for species that information is of a relatively general (Lovejoy et al. 1986). Edges may allow occur at lower densities. These included nature, and we did not find specific invasive plant species to gain a foothold 80 ha (198 ac) for Condalia hookeri, and information addressing the role that where the native vegetation had approximately 32 ha (79 ac) for each of grasslands or grass species might play in previously prevented their spread Ptelea trifoliata, Ungnadia speciosa, and contributing, directly or indirectly, to (Saunders et al. 1990; Kotanen et al. Bumelia lanuginosa. Our calculations karst ecosystems. While grassland 1998; Suarez et al. 1998; Meiners and indicate that the area needed to communities and species may be Steward 1999). When plant species maintain the 7 species with the highest important to maintaining the karst composition is altered as a result of an average dominance values (Juniperus community, we lack adequate edge effect, changes also occur in the ashei, Quercus fusiformis, Quercus information to credibly estimate surface surface animal communities (Lovejoy texana, Acacia greggii, Rhus virens, habitat patch size requirements for grass and Oren 1981; Harris 1984; Mader Berberis trifoliata, and Ulmus species in relation to karst ecosystems. 1984; Thompson 1985; Lovejoy et al. crassifolia) is approximately 13 ha (33 The presence of surface vegetation 1986; Yahner 1988; Fajer et al. 1989; ac). This number would maintain 80 communities is important for Kindvall 1992; Tscharntke 1992; Keith reproductive individuals for 15 of the 24 maintaining the humid conditions, et al. 1993; Hanski 1995; Lindenmayer species. Nine of the species are rarer in stable temperatures, and natural airflow and Possingham 1995; Bowers et al. the community and all have importance in cave and karst environments. 1996; Hill et al. 1996; Kozlov 1996; values of less than 1.0. The area needed Vegetation also plays an important role Kuussaari et al. 1996; Turner 1996; to maintain these nine species ranges in water quality. Since soil depth is Mankin and Warner 1997; Burke and from approximately 20 to 80 ha (49 to shallow over the limestone plateau, Nol 1998; Didham 1998; Suarez et al. 198 ac), with 7 of them in the 26 ha to water collects as sheet flow on the 1998; Crist and Ahern 1999; Kindvall 32 ha (65 to 79 ac) range. surface following rain and enters the 1999). Changes in plant and animal Most literature found for Central subsurface environment through cave species composition as a result of edge Texas native grasslands was descriptive openings, fractures, and solutionally- effects may unnaturally change the and not quantitative in its treatment of enlarged bedding planes. This direct, nutrient cycling processes required to species composition and dispersion. No rapid transport of water through the support cave and karst ecosystem literature was located that provided karst allows for little or no purification dynamics. To minimize edge effects, the grassland species area curves or (Veni 1988), allowing contaminants and core area must have a sufficient buffer quantitative species density tables for sediments to enter directly into the area. the Central Texas area. Two papers by subsurface environment. As a result, One recommendation for protecting Lynch (1962, 1971) examined species on karst features and karst dependent forested areas from edge effects that are an 8-acre tract over time, with 123 invertebrates are vulnerable to the in proximity to clear-cut areas is use of species, but a high species turnover. adverse effects of pollution from the ‘‘three tree height’’ approach (Harris High species turnover can be indicative contaminated ground and surface water. 1984) for estimating the width of the of a habitat area which is too small; Maintaining stable environmental buffer area needed. We used this general however, pre- and post-drought conditions and protecting groundwater rule to estimate the width of buffer areas conditions may also have affected this quality and quantity requires managing needed to protect the habitat core areas. situation. Robertson et al. (1997), in a a healthy vegetation community to The average height of native mature slightly more mesic grassland habitat, avoid threats from surface and trees in the Edwards woodland found that a 4 ha (10 ac) site captured subsurface drainage to the karst association in Texas ranges from 3 to 9

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17162 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

m (10 to 30 ft) (Van Auken et al. 1979). abundant in native vegetation and less Dispersal Applying the ‘‘three tree height’’ general abundant in disturbed areas. Based on The ability of individuals to move rule, and using the average value of 6.6 the association of the Argentine ant and between preferred habitat patches is m for tree height, we estimated that a distance to the nearest edge in urban essential for colonization and buffer width of at least 20 m (66 ft) is areas, core areas may only be effective population viability (Eber and Brandl needed around a core habitat area to at maintaining natural populations of 1996; Fahrig and Merriam 1994; Hill et protect the vegetative community from native ants when there is a buffer area al. 1996; Kattan et al. 1994; Kindvall edge effects. Based on this rule, 7 acres of at least 200 m (656 ft) (Suarez et al. 1999; Kozlov 1996; Kuussaari et al. is necessary to protect a 33-acre core 1998). 1996; Turner 1996). Patch shapes area. We recognize that the ‘‘three tree Information on the area needed to allowing connection with the highest height’’ approach described by Harris maintain populations of animal species, number of neighboring patches increase (1984) was based on the distance that including cave crickets, found in the likelihood that a neighboring patch effects of storm events (‘‘wind-throw’’) will be occupied (Fahrig and Merriam from a surrounding clear-cut ‘‘edge’’ Central Texas is lacking. As discussed 1994; Kindvall 1999; Kuussaari et al. will penetrate into an old-growth forest above, animal communities should be 1996; Tiebout and Anderson 1997). If stand. Since the effects of edge on buffered by areas of 50 to 100 m (164 to movement among populations is woodland/grass land mosaic 328 ft) or greater to ameliorate edge restricted and a population is isolated, communities have not been well effects, and by areas of 200 m (656 ft) the habitat patch size must be large studied, the ‘‘three tree height’’ to buffer against the effects of fire ants. recommendation is considered to be the From this data, we determined that a enough to ensure that the population best available peer-reviewed science to buffer of 100 m (328 ft), in addition to can survive (Fahrig and Merriam 1994). It is likely that many cave systems are protect woodland areas from edge the 50 m (164 ft) cave cricket foraging effects (Dr. Kathryn Kennedy, Center for area, would, at a minimum, protect the connected throughout the subsurface Plant Conservation, pers. comm. 2003). cave cricket foraging area from the geologic formation even though this The Texas Parks and Wildlife effects of edge and nonnative species may not be readily apparent from Department is also in general agreement invasions. surface observations. The extent to which listed species use interstitial about the need for some type of buffer Fragmentation as a means of addressing edge effects, spaces and passages is not known. Troglobitic species may retreat into but currently has not specific Haskell (2000) examined the effect of these small interstitial spaces where the recommendations on appropriate size habitat fragmentation by unpaved roads physical environment is more stable for such a buffer ( John Herron, Texas through otherwise contiguous forest in (Howarth 1983) and may spend the Parks and Wildlife Department, pers. the southern Appalachian Mountains majority of their time in such retreats, comm. 2003). and found reduced soil only leaving them during temporary Animal communities also should be macroinvertebrate species abundance forays into the larger cave passages to buffered from impacts associated with up to 100 m (328 ft) from the road and forage (Howarth 1987). During several edge effects or disturbance from declines in faunal richness up to 15 m karst invertebrate surveys conducted in adjacent urban development. Edges can (50 ft) from the road. Haskell (2000) Bexar County caves, Service biologists act as a barrier to dispersal of birds and pointed out that ‘‘these changes may have observed that troglobites, mammals (Yahner 1988; Hansson 1998). have additional consequences for the including listed species, were not found Invertebrate species are affected by functioning of the forest ecosystem and when temperature and humidity in the edges. Mader et al. (1990) found that the biological diversity found within cave was low. Upon returning to the carabid beetles and lycosid spiders this system. The macroinvertebrate same cave once environmental avoided crossing unpaved roads that fauna of the leaf litter plays a pivotal conditions returned to optimal, the were even smaller than 3 m (9 ft) wide. role in the ability of the soil to process listed species and other troglobites were Saunders et al. (1990) suggested that as energy and nutrients.’’ Haskell further little as 100 m (328 ft) of agricultural observed. points out that these changes may in Small voids (inaccessible to humans) fields may be a complete barrier to turn affect the distribution and dispersal for invertebrates and some and interstitial spaces can also provide abundance of other organisms, subsurface corridors for movement of species of birds. In general, for animal particularly plants. Changes in communities, species need buffers of 50 listed species and cave crickets between abundance in litter dwelling and among caves and karst features. to 100 m (164 to 328 ft) or greater to macroinvertebrates may also affect ameliorate edge effects (Lovejoy et al. Cores drilled around and between ground-foraging vertebrate fauna 1986; Wilcove et al. 1986; Laurance occupied caves have led to discovery of (Haskell 2000). 1991; Laurance and Yensen 1991; Kapos additional void space that was et al. 1993; Andren 1995; Reed et al. Invertebrate biomass per unit area has hydrologically, but not physically 1996; Burke and Nol 1998; Didham been found to be less in small connected to the humanly-accessible 1998; Suarez et al. 1998). fragmented habitats, which may result portion of an occupied cave. Listed Nonnative fire ants are known to be in reduced food available for cave species were found in this void space. harmful to many species of invertebrates crickets. Burke and Nol (1998), working Summary and vertebrates. In coastal southern in southern Ontario, Canada, found a California, Suarez et al. (1998) found greater biomass of leaf litter The conservation of the endangered that densities of the exotic Argentine ant invertebrates in large (≥20 ha (49 ac)) karst invertebrates depends on a self- (Linepithema humile), which has than in smaller forested areas. Zanette et sustaining karst ecosystem; surface and similar life history and ecological al. (2000) in New South Wales, subsurface drainage basins to maintain requirements to the red imported fire Australia, reported that the biomass of adequate levels of moisture; and a viable ant (Dr. Richard Patrock, University of ground dwelling invertebrates was 1.6 surface animal and plant community for Texas at Austin, pers. comm. 2003), are times greater in large (> 400 ha (988 ac)) nutrient input and protection of the greatest near disturbed areas. Native ant than in smaller (∼55 ha (136 ac)) subsurface from adverse impacts. The communities tended to be more forested areas. area needed to conserve such an

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17163

ecosystem includes a core area buffered Based on recent court decisions (for on or by January 25, 2003. Sixty-day from the impacts associated with example, Natural Resources Defense extensions on the deadlines to submit fragmentation, isolation, edge effects, Council v. U.S. Department of the both the proposed and final critical and other factors that may threaten Interior 113 F. 3d 1121 (9th Cir. 1997); habitat determinations to the Federal ecosystem stability. Depending on the Conservation Council for Hawaii v. Register for publication were approved size and shape of these core habitat Babbitt, 2 F. Supp. 2d 1280 (D. Hawaii by the court, and the new deadlines areas or patches, in order to remain 1998)) and the standards applied in became August 31, 2002, and March 26, viable, they may also require those judicial opinions, we reexamined 2003, for the proposed and final rules, connections to other habitat patches. the question of whether critical habitat respectively. for the nine invertebrates would be On February 28, 2002, we mailed Previous Federal Action prudent. After reexamining the available letters to the Texas Parks and Wildlife On January 16, 1992, we received a evidence for the nine invertebrates, we Department and the Texas Natural petition submitted by representatives of did not find specific evidence of Resource Conservation Commission the Helotes Creek Association, the collection or trade of these or any informing them that we were in the Balcones Canyonlands Conservation similarly situated species. process of designating critical habitat for Coalition, the Texas Speleological Consequently, in our final rule listing the nine Bexar County karst Association, the Alamo Group of the the species, we found that ‘‘by invertebrates. We requested any Sierra Club, and the Texas Cave designating critical habitat in a manner additional available information on the Management Association to add the that does not identify specific cave listed species, including biology; life nine invertebrates to the List of locations, the threat of vandalism by history; habitat requirements; Threatened and Endangered Wildlife. recreational visits to the cave or distribution, including geologic controls On December 1, 1993, we announced in purposeful destruction by unknown to species distribution; current threats; the Federal Register (58 FR 63328) a 90- parties should not be increased’’ (65 FR and management activities, current or in day finding that the petition presented 81419). Therefore, our final rule to list the foreseeable future. The letters substantial information that listing may the species as endangered also included contained a current list of Bexar County be warranted. our determination that critical habitat caves known to contain listed species, a On November 15, 1994, we added designation was prudent as we did not map showing the general distribution of eight of the nine invertebrates to the find specific evidence of increased these species within each Karst Fauna Animal Notice of Review as category 2 vandalism, and we found there may be Region, and a list of the references candidate species in the Federal some educational or informational pertaining to these species and their Register (59 FR 58982). We intended to benefit to designating critical habitat. distribution as we know it. We include Rhadine exilis in the notice of Thus, we found that the benefits of requested their review and comments review, but an oversight occurred and it designating critical habitat for the nine on our current information and asked did not appear in the published notice. karst invertebrate species outweighed their assistance in providing any Category 2 candidates, a classification the benefits of not designating critical additional available information. since discontinued, were those taxa for habitat. We also mailed approximately 300 which we had data indicating that The Final Listing Priority Guidance pre-proposal letters to interested parties listing was possibly appropriate, but for for FY 2000 (64 FR 57114) stated that and cave biologists on March 20, 2002, which we lacked substantial data on we would undertake critical habitat informing them that we were in the biological vulnerability and threats to determinations and designations during process of designating critical habitat for support proposed listing rules. FY 2000 as allowed by our funding the 9 listed karst invertebrates. The On December 30, 1998, we published allocation for that year. As explained in letters contained a copy of the final rule a proposed rule to list the nine Bexar detail in the Listing Priority Guidance, to list these Bexar County invertebrate County karst invertebrates as our listing budget was insufficient to species as endangered, a map showing endangered (63 FR 71855). allow us to immediately complete all of the general distribution of these species, Incorporating comments and new the listing actions required by the Act a list of literature about these species information received during the public during FY 2000. We stated that we and their habitats, and a brief summary comment period on the proposed rule, would propose designation of critical with questions and answers on critical we published a final rule to list the nine habitat in the future at such time when habitat. We requested comments on: (1) Bexar County karst invertebrate species our available resources and priorities The reasons why any habitat should or as endangered in the Federal Register allowed. should not be determined to be critical on December 26, 2000 (65 FR 81419). On November 1, 2000, the Center for habitat as provided by section 4 of the In the proposed rule for listing these Biological Diversity (Center) filed a Act, including whether the benefits of species, we indicated that designation of complaint against the Service alleging excluding areas will outweigh the critical habitat was not prudent for the that the Service exceeded its 1-year benefits of including areas; (2) land use nine invertebrates because the deadline to publish a final rule to list practices and current or planned publication of precise species locations and to designate critical habitat for the activities in the subject areas and their and maps and descriptions of critical nine Bexar County cave invertebrates. possible impacts on possible critical habitat in the Federal Register would Subsequent to the Service publishing habitat; (3) any foreseeable economic or make the nine species more vulnerable the final rule to list these nine species other impacts resulting from the to incidents of vandalism through as endangered on December 26, 2000, proposed designation of critical habitat, increased recreational visits to their the Center agreed to dismiss its claim and particularly any impacts on small cave habitat and through purposeful regarding the listing of the species. entities or families; and (4) economic destruction of the caves. We also Under the terms of a settlement reached and other benefits associated with indicated that designation of critical between the Center and the Service, the designating critical habitat for the Bexar habitat was not prudent because it Service agreed to submit to the Federal County karst invertebrates. would not provide any additional Register for publication a proposed On August 27, 2002, we proposed that benefits beyond those provided through critical habitat determination on or by 25 units encompassing a total of listing the species as endangered. June 30, 2002, and a final determination approximately 3,857 ha (9,516 ac) in

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17164 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

Bexar County, Texas, be designated as and 3 oral comments at the public of habitat; (4) consider subsurface karst critical habitat for the nine karst hearing. Of those comments indicating a voids between known caves that may invertebrates (67 FR 55064). The preference, 10 supported the critical provide habitat for the species; (5) comment period for the proposed rule habitat designation and 13 indicated provide better protection against was originally scheduled to close on opposition to designation. Many pollution; and (6) provide dispersal November 25, 2002, but was extended commenters did not express opposition corridors for cave crickets. until December 23, 2002 (67 FR 70203), to the designation, but did express Our Response: We agree that it is to allow for a 30-day comment period opposition to specific areas being likely that all of these concerns have the on the draft economic analysis. Thus, included. We reviewed all comments potential to affect the conservation of we accepted comments on the proposed received for substantive issues and new the endangered karst invertebrates. rule and the economic analysis until data regarding critical habitat and the Much of the biology and ecology of December 23, 2002. draft economic analysis. Here, we these karst-adapted listed species is not address all comments on both well understood. Critical habitat was Summary of Comments and documents received during the delineated to encompass areas on which Recommendations comment periods, as well as public are found those components of the karst In the August 27, 2002, proposed rule, hearing testimony. We have grouped ecosystem for which sufficient we requested all interested parties to similar comments and addressed them information exists to determine that submit comments or information in the following summary. they are essential to the conservation of concerning the designation of critical the listed species. habitat for the nine endangered Bexar Issue 1: Biological Justification and We recognize that areas outside of the County invertebrates (67 FR 55064). Methodology for Size of Critical Habitat boundaries of critical habitat may be During the comment period, we held a Units important for the karst invertebrates for public hearing in San Antonio on (1) Comment: The Service should purposes such as providing habitat in October 30, 2002. We published a designate smaller areas for critical interstitial karst voids (beyond the newspaper notice inviting public habitat units, including: (1) Surface and known caves), additional sources of comment and announcing the public subsurface drainage areas; (2) cave nutrients, or dispersal corridors. hearing in the San Antonio Express- cricket foraging areas; and (3) dominant However, we did not have sufficient News. A transcript of the hearing is and subdominant woody species, rather data when we proposed critical habitat, available for inspection (see ADDRESSES than uncommon plant species. The nor were any data provided during the section). The comment period was Service focused its methodology on comment period, that would allow us to originally scheduled to close on surface plant communities, but little adequately assess the importance to November 25, 2002. information exists relating particular occupied caves of other areas of Karst On November 21, 2002, we vegetation communities to the Zones 1 or 2, karst voids between announced the availability of the draft subsurface habitat of the listed species. known caves, larger buffers, or areas economic analysis and requested Our Response: We believe it is well that are needed for dispersal corridors comments on it and the proposal during documented that surface flora and fauna for cave crickets. For instance, members an extension of the comment period communities are an essential energy of the Technical Subcommittee of the until December 23, 2002 (67 FR 70203). source for fauna, including the nine Karst Invertebrate Recovery Team, who We contacted all appropriate State and endangered invertebrates, in the karst are experts on the species and the karst Federal agencies, county governments, environment. The areas needed to ecosystems, agree that it is likely the scientific organizations, and other support dominant, subdominant, and invertebrates spend considerable time, interested parties and invited them to ‘‘other woody species’’ common to the perhaps the majority of time, in the comment. We also provided notification Edwards Plateau were included in our human-inaccessible karst voids of these documents through email, proposal to incorporate key components (interstitial spaces) associated with the telephone calls, letters, and news of the native vegetative community that cave (Steve Taylor, Technical releases faxed and/or mailed to affected contribute directly to nutrient input, Subcommittee chair, pers. comm. 2002). elected officials, media outlets, local and which also support the animal However, the distance that these jurisdictions, and interest groups. For community that is another source of invertebrates go from the cave into the the notice of the proposed rule, we nutrient input to karst areas. We do not surrounding karst is unknown. Since mailed over 1,500 letters to interested have data from vegetation surveys protection of the surface and subsurface parties. Later we sent over 1,200 post conducted around occupied caves to drainage areas associated with each cards notifying interested parties of the determine the importance of rarer plant occupied cave is important to buffer the availability of the draft economic species. Therefore, in this final cave from pollutants, these drainage analysis and the extension of the designation we have reduced the size of areas were included, where possible, in comment period. The number of parties all of the critical habitat units based on the critical habitat designation. on the mailing list fell as we deleted the amount of area that we believe, Additional scientific discovery may out-of-date and duplicate addresses. We based on the best available information, show that larger areas are needed for also published all of the associated is needed to support at least 15 of 24 long-term conservation, and we will documents on the Service’s regional species of vegetation on the Edwards continue to incorporate such Internet site following their release. Plateau, including the seven species information into planning and We solicited 11 independent experts with the highest dominance values, but implementing various conservation who are familiar with these species and not the rarer plant species (see ‘‘Criteria activities for these species. Given the the karst ecosystem to peer-review the Used to Delineate Critical Habitat’’ best available information, we believe proposed critical habitat designation. section below for further explanation). the specific areas designated in this rule Only one of the peer reviewers (2) Comment: The Service should contain one or more of the physical or submitted comments, generally in designate larger areas for the critical biological features that are essential to support of the proposed designation (see habitat units to: (1) Include all or most the conservation of the species and meet ‘‘Peer Review’’ section below). We also of Karst Zone 1; (2) all or portions of the definition of critical habitat as received a total of 42 written comments, Karst Zone 2; (3) reduce fragmentation provided in section 3 of the Act.

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17165

(3) Comment: The proposed rule did definition of critical habitat in section pursuant to this Act are no longer not show that designating critical 3(5)A)(i) of the Act. On the basis of our necessary.’’ A key purpose of a recovery habitat was essential to conservation of evaluation of certain areas already plan is to recognize the threats to the the species or requires special covered by conservation plans and thus listed species and propose methods for management. already have special management removing or minimizing the threats. Our Response: Section 3 of the Act considerations or protection, we did not A Recovery Team, including defines critical habitat as ‘‘(i) the include some areas in this final stakeholders, currently is working with specific areas within the geographical designation. (See ‘‘Lands Covered Under the Service to prepare a draft recovery area occupied by the species, at the time Existing Conservation Plans’’ section, plan for these species. While the Team it is listed * * *, on which are found below.) has discussed recovery criteria, no draft those physical or biological features (I) (4) Comment: Because critical habitat plan has been developed. When a plan essential to the conservation of the must contain those physical or is developed, the public’s review and species and (II) which may require biological features essential to the comments will be solicited before a final special management considerations or conservation of the species, with the plan is adopted by the Service. We protection; and (ii) specific areas term ‘‘conservation’’ being considered cannot currently say how many or outside the geographical area occupied synonymous with recovery, it appears which areas will be identified in the by the species * * * upon a that the same criteria used by the recovery plan as being important for the determination * * * that such areas are Service to delineate critical habitat must conservation the species. essential for the conservation of the be incorporated into recovery plans for (5) Comment: The Service’s species.’’ Regulations (50 CFR 424.12) the Bexar County karst invertebrates. recommendation for the size of the direct us to ‘‘focus on the principal The commenter also hypothesized that critical habitat units appears to be based biological or physical constituent the recovery of the Bexar County on the study of a single cave (Lakeline elements within the defined area that invertebrates will require establishment Cave in Williamson County, Texas) that are essential to the conservation of the of a certain number of caves within may not be representative of the other species.’’ Conservation is defined in the adequate preserves that meet the karst features. Act, section 3, as ‘‘the use of all parameters described in the proposed Our Response: The recommended size methods and procedures which are rule for critical habitat designation. for critical habitat units is not based on necessary to bring any endangered Although a recovery plan has not yet the results of the Lakeline Cave cricket species or threatened species to the been developed for these species, some study. The Service used the Lakeline point at which the measures provided of the areas proposed as critical habitat study as one source of information that pursuant to this Act are no longer do not appear as if they will meet likely suggests small areas of native necessary.’’ We believe the proposed future recovery criteria for these species. vegetation, surrounded by urban rule demonstrated that the primary Our Response: We recognize that our development, are not adequate to constituent elements we recognized are designation of critical habitat may not sustain the cave cricket population, essential to the conservation of the include all the habitat areas that might which is believed to be a key to the species. The areas we are designating all eventually be determined to be ecology of karst invertebrates and a contain one or more of such features. necessary for the conservation of the primary source of cave nutrients. Our The caves and the associated karst are listed karst invertebrates. For these designation is based on the use of the essential to the conservation of the reasons, critical habitat designations do best scientific data available regarding species because the invertebrates live, not signal that habitat outside the the physical and biological features that feed, and reproduce in the caves and the designation is unimportant or may not are essential to the conservation of the associated karst structures. The be recommended for attention as part of species and the identification of specific subsurface drainage area is essential to a recovery plan. Similarly, critical areas where such features are found. provide the environmental conditions in habitat designations made on the basis (6) Comment: The size of the area the cave that are requirements for the of the best information available at the needed to support native plant species. The surface drainage area helps time of designation will not control the communities is based on the need for maintain the environmental conditions direction and substance of future the plants to support each other, not one and helps maintain an energy flow into recovery plans, habitat conservation karst ecosystem. Therefore, no reason the underground karst system. The plans, or other species conservation exists that multiple cave/karst surface vegetation is a direct source of planning efforts, particularly if new ecosystems cannot occur within the energy through plant materials entering information available to these planning boundaries of one critical habitat unit, the karst system, and the surface efforts calls for a different outcome. We as long as the actual areas providing vegetation also supports animals (such also note that as provided for under nutrients to each cave are encompassed. as cave crickets) that process the plant section 4(a)(3) of the Act, we can revise Our Response: We agree that the materials and then leave the resulting our designation of critical habitat in the approach taken in the proposed rule of nutrients in the cave. Cave crickets are future if it is appropriate to do so. providing adequate surface plant likely one of the most important sources Designation of critical habitat does communities for the karst ecosystem of nutrients that support the endangered not establish recovery criteria; that is does not necessarily require more karst invertebrates. We believe this final one of the purposes of a recovery plan. surface area to support multiple caves in rule documents that the areas Pursuant to section 4(f)(1) of the Act, the close proximity. In the final rule, we designated meet the definition of critical Service develops and implements plans, revised our methods for delineating habitat in that they contain one or more referred to as recovery plans, for the critical habitat to include multiple caves of the physical and biological features conservation and survival of listed within the same smaller surface area, that are essential to the conservation of species. As defined in section 3 of the where appropriate. For each cave, we the endangered karst invertebrates. We Act, ‘‘conservation’’ means ‘‘the use of overlaid the areas needed to include the also have carefully reviewed whether all methods and procedures which are surface and subsurface drainages, cave such areas may require special necessary to bring any endangered cricket foraging area, and the vegetative management considerations or species or threatened species to the surface community (see ‘‘Critical protection, as called for under the point at which the measures provided Habitat’’ section).

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17166 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

(7) Comment: The Service should listed species since the proposed rule known to be occupied by the consider only designating the cave was published. endangered species. cricket foraging area plus a buffer area, Our Response: Of the three caves that (12) Comment: How can a cave or about 5.34 ac, as critical habitat were discovered to contain listed located within an area lacking a healthy around each cave. species since the proposed rule was surface plant community contain an Our Response: We agree that the published, two (Hackberry Sink and intact subsurface environment? immediate area around an occupied Dancing Rattler Cave) are located in Our Response: The surface vegetative cave is very important for cave cricket Government Canyon State Natural Area. community has been significantly foraging and other reasons, and that this We have determined that the altered by urbanization in some of the area should be included in the critical management for the caves and the designated critical habitat units. Since habitat designation. However, there are species in the Natural Area provides the caves still contain the endangered additional physical and biological adequate special management species, we believe that the areas have features that we have identified as considerations for the primary maintained the primary constituent essential to the conservation of the constituent elements, and consequently elements related to the karst subsurface species, consistent with the definition of units within the Natural Area that we environment and surface and subsurface critical habitat in section 3 of the Act. proposed for designation are not drainages. We recognize that intensive The area recommended by the included in this final rule. (See the management of the remaining surface commenter would not adequately ‘‘Lands Covered Under Existing habitat may be needed to compensate provide for the features and related Conservation Plans’’ section for further for lack of natural plant and animal primary constituent elements that we details.) One cave (Crownridge Canyon communities on the surface. have identified as being essential to the Cave) is in a new location, but was not Issue 2: Data Quality conservation of these species (see included in this final determination (13) Comment: The available data ‘‘Critical Habitat’’ and ‘‘Primary because there would have been no used in the proposed rule is not Constituent Elements’’ sections, below). opportunity for public comment had we adequate to support this critical habitat (8) Comment: Based on the Testudo included the area in critical habitat. designation. There seems to be a Tube Cave example in Williamson Under our rulemaking procedures and particular lack of data on species County, 31 acres (26-acre preserve plus the Administrative Procedure Act, we biology, ecology, and distribution of the a buffer area) may be an adequate area would first need to propose the area for species and information on which to for critical habitat units. designation and seek public review and base the unit boundaries and areas. Our Response: Testudo Tube Cave comment on such a proposal before a Our Response: As per section 4(b)(2) Preserve in Williamson County, Texas, designation would be possible. Because of the Act, we are required to designate is surrounded by several hundred acres of the court-approved settlement critical habitat ‘‘on the basis of the best of undeveloped land and is adjacent to agreement that set a deadline for scientific data available,’’ and we an even larger preserved area of several finalizing this rule, we did not have believe our designation meets that thousand acres, resulting in an effective enough time to republish a proposed requirement. In general, the biology and ‘‘preserve’’ size of much larger than 31 rule that might have included the ecology of the karst-adapted species are acres. We will be interested in long-term Crownridge Canyon Cave in the critical not well understood. Consequently, the studies of the Testudo Tube Cave habitat designation. We note that the criteria we used to delineate critical Preserve that may provide additional listed species in Crownridge Canyon habitat, and the areas we delineated, information about the adequacy of the Cave do occur in other caves within the were based on components of the karst size of the preserve. We note also that critical habitat designation. Although ecosystem for which sufficient designating critical habitat does not we are not able to consider including information exists to determine their establish a preserve (see ‘‘Critical Crownridge Canyon Cave in this importance to the listed species, and for Habitat’’ section). designation of critical habitat, we which specific areas can be identified (9) Comment: Boundaries of the believe the cave and the associated karst and mapped. The ‘‘Information critical habitat units are arbitrary and ecosystem to be important to the Sources’’ and ‘‘Criteria Used to not properly defined. The boundaries conservation of the species. Because the Designate Critical Habitat’’ sections should be based on biology and not cave is known to be occupied, it will be below provide additional information roads and surface features. covered by applicable provisions under regarding the basis for our designation. Our Response: While the general size sections 7 (requiring Federal agencies to (14) Comment: The number of Bexar of the critical habitat unit boundaries consult under the ‘‘jeopardy standard’’), County caves and those containing are based on primary constituent 9, and 10 of the Act. listed species should be updated to the elements needed by the species, in the (11) Comment: The Service ignored latest available information. Will the proposed rule we did use roads and the potential for the species to occur in Service designate critical habitat for other surface features to make it easy for void spaces within the bedrock lying new locations of the listed species that the public to identify the boundaries. In between caves. will be discovered subsequent to the changes to the boundaries in this Our Response: We agree that the publication of the final rule for critical final rule, we did not use surface species occur within, and use, habitat designation? features, but instead used specific subsurface voids in karst rock and areas Our Response: We fully agree that our coordinates to describe the boundaries. between occupied caves, and we knowledge of the caves in Bexar County This allowed us to base boundaries indicated this in the proposed rule for that are known to provide habitat for mainly on biological, hydrological, and critical habitat. However, we do not endangered karst invertebrates should geological considerations, thereby have data to quantify such areas. Using be as current as possible. This delineating critical habitat areas more the best available data, we designated knowledge will help the Service precisely. critical habitat to incorporate the evaluate the threats to the species, the (10) Comment: Critical habitat needs specific areas on which are found the status of the species, and plan for their to be defined to include three new caves primary constituent elements of a karst conservation. We recognize that that have been discovered to contain ecosystem in the vicinity of caves additional caves are likely to be found

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17167

in the future that have endangered karst comments on the proposed action. specific changes). All of the revised invertebrates and may not be within the These procedural safeguards can ensure critical habitat units designated in this areas currently designated as critical a thorough response to comments on final rule contain one or more of the habitat. quality of information. The thorough primary constituent elements essential Section 4(a)(3) of the Act provides consideration required by this process for the conservation of these endangered that subsequent to the designation of generally meets the needs of the request species. Conservation of some species critical habitat, we ‘‘may, from time-to- for correction of information process, may be dependent, in part, on habitat time thereafter as appropriate, revise under the Federal Data Quality Act and restoration activities in some areas that such designation.’’ Any new caves Service Information Quality Guidelines. have been disturbed. Such activities discovered to contain the listed species In the case of rulemakings and other may include, but are not limited to, may be important to the conservation of public comment procedures, where we restoration of native vegetation, control the species, and we will consider them disseminate a study analysis or other of invasive species, and the installation for potential future revisions of this information prior to the final of berms to protect the cave opening designation, provided the available rulemaking, requests for correction are from pollutants. science at the time supports the considered prior to the final action. The (19) Comment: The groundwater designation. This would require the commenter did not specifically identify drainage basins for Black Cat Cave and same procedures for public comment how the draft economic analysis or Logan’s Cave (Units 13 and 17, and full economic analysis as this final proposed rule might not meet the respectively) extend beyond the rule has followed. We note also that criteria that the guidelines require. boundaries of their proposed critical new areas found to be occupied by the Regardless, we believe that this process habitat areas. These units should be endangered species and not included in used the best and most reliable expanded to include the appropriate this designation of critical habitat may scientific and commercial data available drainage basins. The surface water be considered and included in the regarding the designation and meets the drainage area for Springtail Crevice recovery plan being prepared for these criteria of the data quality guidelines. Cave (Unit 21) extends more than 6 km species. Also, the species at those new (17) Comment: The proposed rule outside of its proposed critical habitat locations will receive protection under states that of about 400 caves known in area. All, or at least a significantly sections 7 (pursuant to requirements for Bexar County, only 57 contain the listed greater percentage, of the lower drainage Federal agencies related to the species. Have the other 343 caves been area within about 2 km of the cave ‘‘jeopardy’’ standard), 9, and 10 of the surveyed? should be included within the critical Act, regardless of whether the area is Our Response: The final rule has been habitat area to better protect the cave designated as critical habitat. updated to reflect the best available from degradation of water quality due to (15) Comment: Restricted access to information on the total number of urbanization. private property limits the knowledge of caves known from Bexar County (475 Our Response: The subsurface other caves that may contain caves as of December 2002). Seventy drainage areas associated with the caves endangered karst invertebrates. four caves are currently known to from units 13 and 17, and the surface Our Response: The help of private contain listed species. Not all of the drainage area for the cave in Unit 21, property owners will be essential for the known caves in Bexar County have been were delineated after the proposed rule recovery of these endangered karst adequately surveyed for invertebrates. It was published (Veni 2002). These invertebrates. Any surveys for caves or is likely that some of these caves will be drainage areas extend outside of the cave invertebrates on private property found to contain one or more of the boundaries of the proposed critical are completely voluntary and at the listed species. We also expect more habitat boundaries. These areas were discretion of the landowner. We caves to be discovered as additional not included in this final determination appreciate the cooperation the Service surveys are completed. because they were not identified in the has received from many landowners in proposed rule and, therefore, were not Issue 3: Site-Specific Comments Bexar County who allowed geologists available for public comment. Although and biologists access. We want to (18) Comment: Many individual not included in the critical habitat continue to build positive, voluntary landowners commented that their designation, minimizing future impacts relationships with private landowners property should be excluded from the to the subsurface and surface drainage for the conservation of listed species. critical habitat because it did not areas associated with these caves will (16) Comment: Does critical habitat contain either the caves with the species likely be important for the conservation designation comply with the Federal or the primary constituent elements of the listed species in these caves. We Data Quality Act and Service necessary for critical habitat. Several have emphasized the importance of Information Quality Guidelines? units have already been significantly these areas in this final rule (see Our Response: The U.S. Department disturbed from urban development and ‘‘Critical Habitat Unit Descriptions’’ of the Interior, of which the Fish and others are planned for development. section). Wildlife Service is part, issued Response: The specific properties of (20) Comment: The boundaries of guidelines regarding data quality, in most of the individual landowners who Unit 20 are arbitrary, and 160 ha (395 response to the passage of Public Law expressed these concerns have been ac) are not required to protect the 106–554, referenced by the commenter. either removed from the critical habitat species in Robber Baron Cave. These guidelines, Information Quality designation, or the amount of their Our Response: The boundaries of Unit Guidelines Pursuant to Section 515 of property included in the designation is 20 have been redrawn based on the cave the Treasury and General Government now significantly reduced. This is a footprint and the subsurface drainage Appropriations Act For Fiscal Year result of the reduction in area area of the cave and reduced to include 2001, became effective October 1, 2002. designated in all of the units based on 23 ha (57 ac). The amount of Zone 1 The Service’s rulemaking procedure, the updated criteria used in the final area included in the critical habitat inclusive of this designation of critical rule to determine the areas for critical designation was also reduced due to a habitat, includes a comprehensive habitat (refer to the ‘‘Methods’’ and the lack of information on the importance of public comment process and imposes a ‘‘Criteria Used to Identify Critical this area to the listed species within the legal obligation on us to respond to Habitat’’ sections of the final rule for the cave. We also reduced the area included

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17168 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

in the critical habitat by using Units 19 and 20 is designated only for authorized, funded, or carried out by a coordinate data to describe the the subsurface environment due to the Federal agency involving the surface of boundaries, rather than roads as used in significant surface degradation that has the land is subject to the consultation the proposed rule. already occurred. We acknowledge that requirement of section 7, and related (21) Comment: Several commenters intense management will likely be regulations at 50 CFR 402, if such action requested that certain units be excluded needed in both of these units for may affect a listed species or its because there are other caves with conservation of the species. Identifying designated critical habitat. The aspect of critical habitat, located in the same karst areas that contain features essential to a consultation involving critical habitat fauna region and containing the same the conservation of the species and that would address the potential effects of a listed species, whose surface habitat is may require special management proposed Federal action on the primary in a more natural and less degraded considerations or protection is a constituent elements in the area covered state. Therefore, the Service should omit primary purpose of designating critical by the consultation. For additional those units with degraded surface habitat. information about consultations and the habitat, because they will not be (24) Comment: The Service should potential Federal activities that could required for conservation of these address how intensive management will destroy or adversely modify critical species. provide nutrients and water to listed habitat see the ‘‘Section 7 Consultation’’ Our Response: As discussed above, all species in caves in heavily urbanized section, below. of the specific areas being designated areas, such as units 12 and 19. The (26) Comment: Unit 12 should be contain one or more physical or Service should also identify who should deleted because the areas around Hairy biological features and primary be responsible for this management, Tooth and Ragin’ Cajun caves are constituent elements that are essential since critical habitat designation does effectively protected. Big Springs Ltd., for the conservation of these endangered not mandate special management or has established preserves around each species and meet the definition of require removal of existing structures. cave and has developed a management critical habitat as provided in section 3 Our Response: Under the definition of plan for Hairy Tooth Cave and is of the Act. While some of the designated critical habitat, all of the areas being considering a management plan for areas may not be in optimal condition, designated may require special Ragin’ Cajun Cave. Also, Unit 9 should they are the only known locations for management. Caves in heavily be deleted or much reduced to exclude these species. Some of the areas may urbanized areas, such as those within areas under a karst management plan by need intensive special management to Units 12, 19, and 20, may need more the University of Texas at San Antonio. restore or maintain some of the intensive management for conservation Our Response: In order to consider conditions important to these species. of the species than some of the other not including an area that is the subject Conservation efforts involving the units. We anticipate that the recovery of a management plan, we first evaluate designated areas and other areas, plan for these species will address the the plan. Key factors we evaluate including efforts taken to implement a specific management strategies include whether the plan or agreement recovery plan when one is adopted, will recommended for long-term is legally binding, the status of be dependent on the voluntary conservation of these species. This implementation of the plan, whether the cooperation of landowners. This may designation does not in any way require plan specifies the management needed include, but is not limited to, the landowners to undertake any particular to ensure that primary constituent cooperation of landowners who may management actions for the designated elements are appropriately protected voluntarily allow restoration efforts on critical habitat or the listed species. As and, if needed, improved. Along with their lands. part of the recovery process, we meeting other criteria, the plan also (22) Comment: Unit 1e should be anticipate working cooperatively with must include a timely schedule for divided into multiple smaller units for landowners and other partners to implementation and outline the critical habitat. provide the management needed for probability that the funding source or Our Response: We agree and the final conservation. other resources necessary to implement designation divides Unit 1e, previously (25) Comment: The proposed rule did the management will be available. The 341 ha (842 ac), into three smaller Units not clearly indicate that surface management plan for Hairy Tooth Cave 1e1, 1e2, and 1e3 for a total area of 50 disturbances within Units 19 and 20 (Unit 12), which we received after the ha (124 ac) (see Table 2 below). would not have the potential to close of the comment period, did not (23) Comment: How can the Service adversely modify sub-surface critical meet the above criteria. A management designate critical habitat for Unit 19 and habitat and would not be regulated plan for Ragin’ Cajun Cave was not Genesis Cave when the urban under Section 7. Similarly, what is the provided to us. development on the site has already regulatory distinction between units The University of Texas at San resulted in take of the species in the with both primary constituent elements Antonio submitted a draft karst cave? If the unit was designated based and those units with only one of the management plan for consideration with on the alleged existence of intact primary constituent elements. respect to Unit 9. This draft plan subsurface environment, then why are Our Response: For critical habitat represents a very positive step for the vegetation buffer zones necessary? Units 19 and 20, we designated the conservation of the listed karst Our Response: We determined that subsurface area only as critical habitat, invertebrate species. However, without area designated as Unit 19 maintains the because of the level of disturbance that a final plan, we could not make a biological and physical features already has altered the surface habitat. determination that the area is receiving essential to the conservation of the Under section 7 of the Act, Federal adequate special management, in species and supports one or more of the agencies are required to insure, in accordance with the criteria described primary constituent elements. Thus it consultation with the Service, that any above. (See the ‘‘Lands Covered Under warrants inclusion in the final critical action they authorize, fund, or carry out Existing Conservation Plans’’ for habitat designation regardless of is not likely to jeopardize the continued additional information on our process.) whether ‘‘take’’ (as defined in Section 9 existed of a listed species or result in Therefore, Unit 9 is part of the final of the Act) of listed species in Unit 19 the destruction or adverse modification designation, although its size has been has already occurred. Critical habitat for of designated critical habitat. An action reduced (for other reasons) from the

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17169

proposed amount of 71 ha (175 ac) to 16 because it only applies to those estimated costs is attributable to ha (40 ac) in this final rule. The activities that involve a Federal action. differences in methodology. procedures for submitting management However, we do recognize that there can Our Response: We want to stress that plans for possible exclusion of specific be a perceived effect which could the designation of critical habitat does areas were clearly described in the adversely affect property values. We not ‘‘set aside’’ land and does not create proposed rule. will, through outreach and education, parks or preserves. We believe the do all we can to correct this perception. economic analysis fairly estimated the Issue 4: Economic Issues We believe mitigation costs associated costs of critical habitat designation in (27) Comment: The draft economic with critical habitat designation were Bexar County (see our response to analysis understates the economic accurately estimated in the final Comment 27). The final economic impact from the critical habitat economic analysis. The anticipated analysis of the proposed rule clarifies designation because it failed to number of HCPs was increased from five the methods used. adequately consider effects from: (1) to eight, and the cost of purchasing and (31) Comment: Many landowners Greater amounts of technical assistance managing mitigation lands due to the commented that their individual and administrative tasks than estimated; development of HCPs was estimated. properties were of high economic value (2) greater numbers of informal and The analysis used standard methods for and the designation of critical habitat formal section 7 consultations than analyzing the economic impacts. These would substantially impact the future estimated because of a vast methods have been used in past value and development potential of understatement of Federal involvement designations throughout the United their properties. For this reason, the in private projects; (3) increased States and have generally been found to economic impact on individual property difficulty in obtaining state and/or be sufficient. owners, in at least some instances, county approval for development; (4) (28) Comment: The draft economic should outweigh the biological benefits project modifications and delays for analysis is clearly prepared to show that of the designation of critical habitat. planned developments; (5) development minimal effects will be felt by the Our Response: The regulatory of biological assessments; (6) reduced designation and should be rejected requirements involving critical habitat property values; and (7) increased because it does not take an objective apply only to those actions authorized, mitigation costs. Generally, the baseline view of the matter under consideration. funded, or carried out by a Federal approach used in the draft economic The information sources referenced do agency. We do recognize, however, that analysis underestimates the impacts to not include any discussions with there can be a perceived effect which all development activities, whether or private landowners. could influence property values, but not Federal involvement is presumed. Our Response: The analysis used believe any such effect is likely to be Our Response: Minor modifications standard methods for analyzing temporary in nature as the uncertainties were made in the final economic economic impacts. These methods have and perceptions dissipate or become analysis of the proposed rule to reflect been used in past designations clarified over time. We will, through increased technical assistance in one throughout the United States and have outreach and education, do all we can unit and to the cost of technical generally been found to be sufficient. to correct this perception. We believe assistance related to Clean Water Act Also, the final economic analysis of the that the economic analysis activities. We believe the estimates of proposed rule considers information appropriately considered the potential formal and informal consultations in the gathered from interviews with economic impacts of the proposed final economic analysis reflect numbers individual property owners who designation. Further, reductions in the that can be reasonably anticipated. We submitted comments on the draft amount of critical habitat in this final do not anticipate any increased analysis. designation have resulted in a difficulty in obtaining State or county (29) Comment: The level of predicted significant decrease in the amount of approvals for development. While consultations appears to be based on the private land being designated. uncertainties about the impacts of the assumption that only commercial, as (32) Comment: The draft economic critical habitat designation and the opposed to residential, development analysis evaluates the effect of the total perception that the designation will would trigger consultations, and the section 7 costs for individual units and impose land use restrictions could only anticipated Federal nexus for then spreads those costs over the entire temporarily foster this result, this effect development was a party seeking an population of Bexar County. If these is likely to be temporary in nature as the HCP. costs are attributed to the individual uncertainties and perceptions dissipate Our Response: We apologize if the landowners in a single unit they would or become clarified over time. assumptions were not clear. We have have a much greater impact. For We do not believe that critical habitat clarified the assumptions in the final instance, there are eight landowners in designation will impose additional economic analysis. Unit 16, and the economic analysis is project modifications and delays for (30) Comment: The draft economic defective unless it measures the effects projects, including preparation of analysis discounts entirely broader on those individual landowners. biological assessments. Additional regional impacts, focusing only on the Our Response: The analysis uses requirements associated with critical costs of consultation. The setting aside standard methods for analyzing the habitat designation apply solely to of land and delaying and increasing the economic impacts of designating the Federal actions, and since this costs of a variety of projects and areas included in our proposed designation only involves occupied activities will undoubtedly have a rulemaking. These methods have been habitat, then the section 7 requirements broader impact. In its draft economic used in past designations throughout would have to be met pursuant to analysis for the Kauai Cave wolf spider, the United States and have generally consideration of ‘‘jeopardy standard’’ the Service considered some of these been found to be sufficient. Time regardless of the presence of critical broader economic impacts and constraints prevented us from applying habitat. We do not believe that the determined that the impact of economic costs to individual property designation of critical habitat, when designating less than half the acreage owners. We note also that the size of occupied by the listed species, should proposed in Bexar County could be as each unit designated is substantially have any real effect on property value, high as $1.9 million. This difference in reduced from what we proposed,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17170 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

resulting from consideration of (36) Comment: The draft economic planning land management and comments received and refinements in analysis does not adequately address the development activities. We look forward our methodology for identifying and tremendous economic benefits of to working with the City, and other mapping areas that meet the Act’s designating critical habitat, for example, partners, for management of their lands definition of critical habitat. For the benefits to water supply protection for the mutual benefit of the City’s instance, for Unit 16 our proposal for area residents. citizens and the conservation of the included 61 ha (152 ac), whereas our Our Response: The value of economic listed species. final designation for that unit is 16 ha benefits are difficult to estimate. The (40) Comment: The Service should (40 acres). potential benefits of designating critical change the name of the Alamo Heights (33) Comment: The draft economic habitat are described subjectively in Karst Fauna Region so the public is not analysis states that all of the critical section 5 of the final economic analysis misled to believe the City of Alamo habitat is over the Edwards Aquifer and of the proposed rule. Heights is in critical habitat. then states which units are over the (37) Comment: Landowners for Unit Our Response: The name of the Karst recharge zone. It isn’t clear that only the 12 provided specific value data to show Fauna Region was taken from a report units over the recharge zone get the a higher economic impact of the by George Veni and Associates (1994), protection measures that are listed. If designation than provided in the which delineates separate geological the analysis assumed that all of the economic analysis. regions in the San Antonio area. We units get the same level of Edwards Our Response: The economic analysis recognize that the City of Alamo Heights Aquifer protection, reevaluation of the includes consideration of a potential is not within any of the units designated numbers may be warranted. HCP for private development within as critical habitat and regret any Our Response: The draft economic this unit. Thus the comment is not confusion the name of the faunal region analysis credited the protections only to inconsistent with the assumptions of the might have caused. We have not used those units in the recharge zone. We analysis. We do not expect costs to be the Karst Faunal Region names in this final rule. hope this point is adequately clarified in greater than those represented by the (41) Comment: Does critical habitat the final economic analysis of the formulation and implementation of the expected HCP. designation comply with Environmental proposed rule. Justice laws? (34) Comment: For Unit 9, the draft Issue 5: Other Issues and Comments Our Response: Executive Order economic analysis estimates only one (38) Comment: One commenter 12898, Federal Actions to Address technical assistance effort is anticipated requested additional time so that the Environmental Justice in Minority and that no project modifications are taxonomic description of a new Populations and Low-Income anticipated. One request for assistance subspecies of Rhadine infernalis can be Populations, requires that each Federal has already occurred, and probably one completed. agency make achieving environmental or two more will be required. In Our Response: The Service is required justice part of its mission by identifying addition, a considerable amount of to designate critical habitat for the Bexar and addressing, as appropriate, modification to University of Texas— County invertebrates within the time disproportionately high and adverse San Antonio’s plans in Unit 9 will have frame specified in the court settlement human health or environmental effects to occur to be in compliance with the agreement. We have used the best of its programs, policies, and activities proposed designation of critical habitat. scientific data available in making this on minorities and low-income Our Response: The Service agrees that designation. populations. We do not believe that the the effort was underestimated and (39) Comment: The City of San designation of critical habitat for corrections in the final economic Antonio should be provided more exact endangered and threatened species analysis of the proposed rule have been cave locations for planning and results in any changes to human health made to reflect this. The Service agrees protection of habitat, and to avoid or environmental effects on surrounding that if the proposed activities involve a inadvertent damage by the City. human populations, regardless of their Federal action, then modification of the Our Response: The Service and the socioeconomic characterization. As proposed action may be needed. City of San Antonio regularly exchange such, we do not believe that Executive However, since this designation only information for conservation of listed Order 12898 applies to critical habitat involves occupied habitat, then the species. We understand that legally, the designations. section 7 consultation requirements City may not be able to keep the cave (42) Comment: The required public would have to be met (for the ‘‘jeopardy locations confidential if we provided notice to interested parties was not standard’’) regardless of the designation them, and having the locations generally satisfied because numerous mailings of critical habitat, and based on our known would pose an unacceptable risk were returned because of invalid zip experience in other situations, the of vandalism to the caves. Anyone may codes. outcome of such consultation is likely to contact the Service for technical Our Response: We made the best be unchanged when it includes critical assistance to ensure their activities are effort to notify all individual habitat. consistent with conservation of these landowners involved directly. We sent (35) Comment: The estimates in species. Helping make the public aware the letters announcing the proposed rule Exhibit 4–4, page 44 (of the draft of the sensitive areas inhabited by these and requesting comments to over 1,500 economic analysis) for anticipated costs species is one of the most significant interested parties. Of those, about 200 to the Service, third parties, and the benefits of this designation. In addition were returned because of out-of-date action agency do not cover the costs to to these critical habitat units, there are addresses. We attempted to update date or future costs for UTSA in Unit 9, likely other localities where these addresses and remove duplicate which are expected to be substantial. species occur, of which we are not addresses. We followed this mailing Our Response: The final economic aware, or have not yet been discovered. with over 1,200 postcards announcing analysis of the proposed rule has been Although they are not included in this the availability of the draft economic modified to incorporate expected costs designation, they are likely to be analysis and extension of the comment to UTSA that would result from section important for conservation of the period. We regret that some of the 7 consultation related to development. species and should be considered in attempts to contact interested parties

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17171

through the mail were unsuccessful. In the proposed rule seemed fine; however, rationale used in defining the critical addition to those efforts, the required the reviewer expressed concern that habitat boundaries. Overall, these public notices were published in the active management may be required to changes resulted in designating 431 ha local newspaper. We also issued a news maintain natural surface habitat for the (1,063 ac) in 22 units as critical habitat, release, and there was coverage in the benefit of the subsurface environment. as compared to our proposed local newspaper and in other news The reviewer also expressed concern designation of 3,857 ha (9,516 ac) in 25 media. Consequently, we believe we about the encroachment of red imported units. Table 2 provides a unit-by-unit satisfactorily met the requirements for fire ants and the impacts of predation on list of the changes in this final rule, public notice to interested parties. and competition with cave crickets and which are summarized below. (43) Comment: The Texas Parks and asked if there is a provision for dealing In the proposed rule, we delineated Wildlife Department (TPWD) and the with this threat in the critical habitat critical habitat boundaries on the basis Department of Defense (DOD) submitted units. of the following criteria: Known karst management plans for Government Our Response: We recognize the occupied caves; the cave footprint; Canyon State Natural Area (GCSNA) impact that fire ants likely have on surface/subsurface drainage areas and Camp Bullis, respectively, during listed karst invertebrates and the need associated with the occupied cave; the the public comment period and for intense management to control this cave cricket foraging area plus a buffer; requested that their properties be threat. The designation of critical the contiguous karst deposit associated excluded from the final critical habitat habitat recognizes that these areas may with the occupied cave; and a minimum designation. need special management, however, the of 36 ha (90 ac), where possible, to Our Response: We reviewed the designation does not require any support dominant, subdominant, and management plans submitted for both particular land management activities. rare plant species. In the final rule, we Camp Bullis and GCSNA. On the basis Specific actions for management revised several of these criteria. We of our evaluation of these plans, we recommendations will likely be reduced the minimum area needed to determined that they provide adequate included in the future recovery plan for support surface vegetation from 36 ha special management and have not these species. We will work with (90 ac) to 16 ha (40 ac), which is the included the areas involved in the final landowners on a case-by-case basis to minimum area we determined is needed designation of critical habitat. (See assist in land management provisions to to support 15 of the 24 plant species ‘‘Lands Covered Under Existing protect the karst environment that common to the Edwards Plateau, Conservation Plans’’ section for more supports the listed Bexar County including the 7 species with the highest information.) invertebrates. dominance values, as listed in Van (46) Comment: There are no dispersal Auken et al. (1980). We did not include Peer Review corridors between these habitat units to an estimated area to support nine of the In accordance with our peer review provide opportunities for movement of rarer plant species in our consideration policy published on July 1, 1994 (59 FR individuals between cave cricket of this minimum area, because of a lack 34270), we solicited independent populations. of definitive information on the opinions from knowledgeable Our Response: We know that importance of such species to the individuals with expertise in one or dispersal corridors are likely important functioning of the karst ecosystem. several fields, including familiarity with for the long-term maintenance of cave These nine species all have importance the species, familiarity with the cricket populations (see Background values of less than 1.0 and needed an geographic region in which the species section for discussion). However, we area of approximately 20 to 80 ha (49 to occurs, and familiarity with the lack the necessary information to 198 ac) to maintain their populations. principles of conservation biology. Only adequately quantify the specific We also reduced the criterion for the one of the eleven peer reviewers locations of such corridors and therefore amount of contiguous karst deposit requested to review the proposed rule have not included them in this critical surrounding occupied caves. In the submitted comments. Overall the peer habitat designation. proposed rule, we delineated the unit reviewer found the proposed rule to be (47) Comment: The commenter boundaries to maximize the amount of an ‘‘excellent, comprehensive recommends deleting the reference in contiguous karst deposit we estimated document.’’ The following specific the ‘‘Background’’ section to a study was necessary to provide for subsurface comments were provided by the peer concerning Ceuthophilu gracilipes, movement of listed species between and reviewer. another species of cave crickets, because around occupied caves. However, (44) Comment: The 36 ha (90 ac) zone it is not appropriate in the context in because of lack of data allowing us to of vegetation surrounding each known which it was used. quantify the extent of subsurface karst cave or cave complex should be Our Response: We deleted this needed to maintain populations of these adequate to preserve foraging habitat for reference, which had been included in species, in the final rule we delineated cave crickets. our proposed designation, and updated the boundaries to maximize the amount Our Response: In this final rule we the ‘‘Background’’ section of this final of subsurface karst deposit underlying have significantly reduced the areas rule as suggested. the cave footprint, drainage areas, cave around occupied caves that are included cricket foraging area plus buffer, and 16 Summary of Changes From the in the critical habitat designation. ha (40 ac) vegetation area only. As a Proposed Rule However, in most cases, the critical result of these revisions, the size of most habitat boundaries were drawn to On the basis of public comments, we units was reduced significantly (Table include a 50 m (164 ft) area plus a reviewed our methodology for 2). (See ‘‘Criteria Used to Designate buffer, and best available information determining the extent of critical habitat Critical Habitat’’ section for additional indicates that most cave crickets forage designation for the Bexar County karst details.) within 50 m (164 ft) of cave entrances invertebrates. Consequently, we refined In addition to the changes in criteria, (see ‘‘Background’’ section for the boundaries of our original proposed we also completely removed six units additional information). critical habitat units for this final that had been proposed for designation (45) Comment: The reviewer stated designation and clarified our (Units 1a, 1b, 1c, 1d, 10, and 11) from that habitat requirements described in description of the methodology and the final designation. Units 1a–1d were

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17172 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

located on the Government Canyon designation based on section 4(b)(2). boundaries (as described above) we State Natural Area (GCSNA) and the (See ‘‘Lands Covered Under Existing separated two units identified in the majority of Unit 10 and all of Unit 11 Conservation Plans’’ section.) Two of proposed rule into separate, smaller were located on Department of Defense the nine species, the Government units in this final rule. Specifically, Unit land at Camp Bullis. We did not include Canyon Bat Cave meshweaver and the 1e as described in the proposed rule has these six units in the final designation Government Canyon Bat Cave spider, been separated into three smaller units because we determined that the occur only in caves on the GCSNA. As (Units 1e1, 1e2, and 1e3), and we conservation plans for these areas a result of not including in the final separated Unit 8 into Units 8a and 8b. provide adequate special management designation the four units originally Removing six units, separating Unit 1e proposed on the GCSNA, no critical and protection, such that the areas do into three smaller units and Unit 8 into habitat is being designated for these two not meet the definition of critical habitat two smaller units resulted in a net species. under section 3(5)(A)(i) of the Act. We As a result of applying our revisions change of three fewer units in this final also excluded these areas from of the criteria used to delineate the unit rule as compared to the proposed rule.

TABLE 2.—CHANGES IN UNIT NUMBER AND UNIT AREA BETWEEN PROPOSED AND FINAL RULES DESIGNATING CRITICAL HABITAT FOR SEVEN OF THE NINE BEXAR COUNTY KARST INVERTEBRATES

Proposed rule Final rule Total area of unit Total area of unit Unit # hectares (ha); acres (ac) Unit # hectares (ha); acres (ac)

1a ...... 76 ha; 188 ac ...... 1a Government Canyon State Natural Area—excluded 1b ...... 47 ha; 116 ac ...... 1b from critical habitat. 1c ...... 47 ha; 116 ac ...... 1c 1d ...... 47 ha; 116 ac ...... 1d 1e ...... 341 ha; 842 ac ...... 1e1 15 ha; 38 ac. 1e2 16 ha; 40 ac. 1e3 19 ha; 46 ac. 2 ...... 99 ha; 245 ac ...... 2 37 ha; 92 ac. 3 ...... 63 ha; 154 ac ...... 3 17 ha; 41 ac. 4 ...... 63; ha; 154 ac ...... 4 16 ha; 40 ac. 5 ...... 47 ha; 116 ac ...... 5 16 ha; 40 ac. 6 ...... 45 ha; 111 ac ...... 6 16 ha; 40 ac. 7 ...... 50 ha; 123 ac ...... 7 16 ha; 40 ac. 8 ...... 174 ha; 428 ac ...... 8a 16 ha; 40 ac. 8b 28 ha; 69 ac. 9 ...... 71 ha; 175 ac ...... 9 16 ha; 40 ac. 10 ...... 367 ha; 906 ac ...... 10 Camp Bullis—excluded from critical habitat. 11 ...... 1,273 ha; 3,143 ac ...... 11 Camp Bullis—excluded from critical habitat. 12 ...... 105 ha; 258 ac ...... 12 21 ha; 51 ac. 13 ...... 51 ha; 125 ac ...... 13 16 ha; 40 ac. 14 ...... 173 ha; 426 ac ...... 14 26 ha; 64 ac. 15 ...... 195 ha; 481 ac ...... 15 34 ha; 85 ac. 16 ...... 61 ha; 152 ac ...... 16 16 ha; 40 ac. 17 ...... 48 ha; 118 ac ...... 17 16 ha; 40 ac. 18 ...... 40 ha; 100 ac ...... 18 16 ha; 40 ac. 19 ...... 59 ha; 146 ac ...... 19 5 ha; 12 ac. 20 ...... 160 ha; 395 ac ...... 20 23 ha; 57 ac. 21 ...... 155 ha; 382 ac ...... 21 27 ha; 68 ac.

Totals: 25 units; 3,857 ha; 9,516 ac (1) 22 units; 431 ha; 1,063 ac.

Critical Habitat ‘‘Conservation,’’ as defined by section destruction or adverse modification of 3(3) of the Act, means the use of all proposed critical habitat. Aside from the Critical habitat is defined in section methods and procedures which are added protection that may be provided 3(5)(A) of the Act as—(i) the specific necessary to bring an endangered or a under section 7, the Act does not areas within the geographical area threatened species to the point that provide other forms of protection to occupied by a species, at the time it is measures provided pursuant to the Act lands designated as critical habitats. listed in accordance with the Act, on are no longer necessary. Consultation under section 7 of the Act which are found those physical or Section 7(a)(2) of the Act requires that does not apply to activities on private or biological features (I) essential to the Federal agencies shall, in consultation other non-Federal lands that do not conservation of the species and (II) with the Service, insure that any action involve a Federal nexus (i.e., Federal which may require special management they authorize, fund, or carry out is not funding or authorization), and considerations or protection; and (ii) likely to jeopardize the continued consequently critical habitat designation specific areas outside the geographical existence of a listed species or result in does not afford any additional area occupied by a species at the time the destruction or adverse modification regulatory protection or result in it is listed, upon a determination that of critical habitat. Section 7 also additional regulatory requirements such areas are essential for the requires conferences on Federal actions under the Act in those circumstances. conservation of the species. that are likely to result in the (See ‘‘Effects of Critical Habitat

VerDate Jan<31>2003 20:05 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17173

Designation’’ for further discussion of that our biologists, to the extent species. This requirement applies consultations under section 7 of the consistent with the Act and with the use regardless of whether critical habitat is Act.) of the best scientific and commercial designated, and Federally funded or Critical habitat provides data available, use primary and original assisted projects affecting listed species nonregulatory benefits to the species by sources of information as the basis for outside their designated critical habitat informing the public and private sectors recommendations to designate critical areas may still result in jeopardy of areas that are important for species habitat. When determining which areas findings in some cases. conservation, and where such are critical habitat, a primary source of The applicability of the section 9 conservation actions would be most information should, at a minimum, be section take prohibition is not altered by effective. Designation of critical habitat the listing rule for the species. the designation of critical habitat. can help focus conservation activities Additional information may be obtained Section 9 makes it unlawful for any for a listed species by identifying areas from a recovery plan (if available), person to ‘‘take’’ (defined broadly in that contain the physical and biological articles in peer-reviewed journals, section 3 as ‘‘harass, harm, pursue, features that are essential for the conservation plans developed by States hunt, shoot, wound, kill, trap, capture, conservation of that species, and can and counties, scientific status surveys or collect, or to attempt to engage in any alert the public and land-managing and studies, and biological assessments such conduct’’) a listed wildlife species. agencies to the importance of those or other unpublished reports, and Under section 10(a) of the Act, the areas. Critical habitat also identifies discussion with experts. Service may issue a permit to a non- areas that may require special Section 4 of the Act requires that we Federal entity authorizing ‘‘take’’ if management considerations or designate critical habitat on the basis of certain conditions are met. These protection, and may help provide what we know at the time of conditions include a finding by the protection to areas where significant designation. Since much of the cave- Service that such take is incidental to threats to the species have been forming rock is located on private otherwise legal conduct, and that the identified, by helping people avoid property in areas that have not been take ‘‘will not appreciably reduce the causing accidental damage to such adequately surveyed, additional likelihood of the survival and recovery areas. populations for some of these species of the species in the wild.’’ The issuance To be included in a critical habitat are likely to exist and may be criteria for such take permits also designation, the habitat must be discovered over time. We recognize that require applicants to minimize and ‘‘essential to the conservation of the our designation of critical habitat for mitigate the effects of their permitted species.’’ Critical habitat designations these species may not include all of the actions, to the maximum extent identify, to the extent known and using habitat areas that may eventually be practicable. the best scientific and commercial data determined to be necessary for the available, habitat areas that provide conservation of the species. For these Primary Constituent Elements essential life cycle needs of the species reasons, this critical habitat designation In accordance with section 3(5)(A) of (such as areas on which are found the should not be interpreted to mean that the Act and regulations at 50 CFR primary constituent elements, as habitat outside the designation is 424.12(b), in determining which areas to defined at 50 CFR 424.12(b)). Section unimportant or may not be required for designate as critical habitat, we consider 3(5)(C) of the Act states that, ‘‘Except in conservation of the species. Critical those physical and biological features those circumstances determined by the habitat designations made on the basis that are essential to the conservation of Secretary, critical habitat shall not of the best available information at the the species and that may require special include the entire geographical area time of designation will not control the management consideration or which can be occupied’’ by the listed direction and substance of future protection. As described in our species. In addition, our regulations (50 recovery plans, habitat conservation regulations, these features include, but CFR 424.12(e)) state that ‘‘The Secretary plans (HCPs), or other species are not limited to, the following: shall designate as critical habitat areas conservation planning and recovery (1) Space for individual and outside the geographic area presently efforts if new information available to population growth, and for normal occupied by the species only when a these efforts calls for a different behavior; designation limited to its present range outcome. (2) Food, water, air, light, minerals, or would be inadequate to ensure the Habitat of the listed species that is not other nutritional or physiological conservation of the species.’’ included in this critical habitat requirements; Section 4 (b)(2) of the Act requires designation will continue to be subject (3) Cover or shelter; that we take into consideration the to conservation actions implemented by (4) Sites for breeding, reproduction, economic impact, and any other Federal agencies under section 7(a)(1) of and rearing of offspring, and generally; relevant impact, of specifying any the Act, which directs Federal agencies (5) Habitats that are protected from particular areas as critical habitat. We to utilize their authorities to carry out disturbance or are representative of the may exclude areas from critical habitat programs for the conservation of historic geographical and ecological designation when the benefits of threatened and endangered species. distributions of a species. exclusion outweigh the benefits of Habitat outside the designation also will Our regulations at 50 CFR 424.12(b) including the areas within critical continue to receive regulatory further direct that, when considering the habitat, provided the exclusion will not protections afforded by the section designation of critical habitat, we are to result in extinction of the species. 7(a)(2) jeopardy standard, which focus on the principal biological or Our Policy on Information Standards requires each Federal agency to insure, physical constituent elements within Under the Endangered Species Act, in consultation with the Service, that the defined area that are essential to the published on July 1, 1994 (59 FR any action it authorizes, funds, or conservation of the species, and we are 34271), provides criteria, establishes carries out is not likely to ‘‘jeopardize to list known primary constituent procedures, and provides guidance to the continued existence’’ of a listed elements with the critical habitat ensure that decisions made by the species. To achieve this objective, action description. Our regulations describe Service represent the best scientific and agencies must consult with us whenever known primary constituent elements in commercial data available. It requires a Federal action ‘‘may affect’’ a listed terms that are more specific than the

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17174 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

description of physical and biological probability of suitable habitat for the one or more of the nine endangered features. Specifically, our regulations listed species (Zone 2) to maintain species. TSS is a non-profit corporation state that primary constituent elements subsurface connectivity for species established in 1961 to collect, organize, may include, but are not limited to, the movement throughout the contiguous and maintain information on Texas following: Roost sites, nesting grounds, karst deposit. Recognizing that a caves and karst for scientific, spawning sites, feeding sites, seasonal significant amount of additional educational, and conservation purposes, wetland or dryland, water quality or information has become available, either and to support safe and responsible cave quantity, host species of plant as a result of the discovery of new caves exploration, and is affiliated with the pollinator, geological formation, containing the listed species, or Texas Memorial Museum, the Texas vegetation type, tide, and specific soil additional biological surveys conducted Speleological Association, and the types. in previously mapped caves and/or as a National Speleological Society. TSS Using the best scientific information result of the release of information not provided the majority of the digital available to us, we have determined that available at the time of the 1994 report, location data, and reviewed and the primary constituent elements we contracted with George Veni & confirmed our location data for caves required by the karst invertebrates Associates to re-evaluate and, where where no digital information was consist of: (1) The physical features of necessary, redraw the boundaries of the available. The precision of the locations karst-forming rock containing Bexar County karst zones. The resulting for which digital location data were subterranean spaces with stable report (Veni 2002) also estimated the available ranges from 1 m to 10 m (3ft temperatures, high humidities (near surface and subsurface drainage areas to 33 ft) and data documented on saturation) and suitable substrates (for associated with each occupied cave in topographic maps was estimated to be example, spaces between and Bexar County with the exception of accurate to within 10 m to 20 m (33 ft underneath rocks suitable for foraging several caves which occur on cliffs and to 66 ft). This variability in precision and sheltering); and (2) the biological several for which sufficient information was taken into account when features of a healthy surface community was not available. We received the delineating unit boundaries. We further of native plants (for example, juniper- report during the public comment agreed that any requests for such oak woodland) and animals (for period and used the information to information would be directed to TSS as example, cave crickets) living in and ensure that each unit overlaid a owners of the data. The precise location near the karst feature that provide contiguous deposit of karst-bearing rock of the caves within each unit is not nutrient input and buffer the karst and that the estimated drainage basins specified on the critical habitat maps in ecosystem from adverse effects (from, associated with each occupied cave order to protect these caves from for example, nonnative species were, where possible, designated as potential vandalism and to protect invasions, contaminants, and critical habitat. Contiguous deposits of private landowners from potential fluctuations in temperature and karst-bearing rock associated with increases in trespassing. humidity). occupied caves subterranean spaces Criteria Used To Delineate Critical were included to protect subsurface Information Sources Habitat voids believed to maintain populations As required by the Act and of the listed species and provide for Using the best scientific data available regulations (section 4(b)(2) and 50 CFR species movement. The drainage basins (as summarized in the ‘‘Background’’ 424.12, respectively), we used the best associated with occupied caves were section), we developed the following scientific information available to included in order to protect the quantity criteria to identify and delineate lands determine critical habitat areas that and quality of water entering the karst for designation as critical habitat: caves contain the physical and biological ecosystem which, in turn, maintains known to be occupied by one or more features and primary constituent stable temperatures and high humidities of the listed karst invertebrate species; elements that are essential for the required by the listed species and the cave footprint; the surface and conservation of the karst invertebrate protects the system from contamination. subsurface drainage areas associated species. This information included: (1) Information on the status and location with each cave, to the extent possible; Peer-reviewed scientific publications; of occupied caves was obtained from a 150 m (492 ft) area around each cave (2) the final listing rule for the nine presence/absence survey reports to encompass the cave cricket foraging Bexar County karst invertebrate species submitted during project consultations area of 50 m (164 ft) on the surface, (65 FR 81419); (3) unpublished field conducted with the Service under measured from the cave entrance(s) and data, survey reports, notes, and section 7 of the Act, annual reports on a 100 m (328 ft) area around the cave communications from qualified research and conservation activities cricket foraging area to buffer the animal biologists or experts; (4) published conducted under a section 10(a)(1)(A) community, including cave crickets, descriptions of the regional geology scientific permit, section 6 species against the effects of urban edges and (Soil Conservation Service 1962; Veni status reports, and literature published red imported fire ant invasion; and, 1988, 1994, 2002); and (5) recent digital in peer reviewed journals. Survey where possible, a minimum of 16 ha (40 orthophotographs (March 2001) and reports and scientific permit annual ac) around each cave or cave cluster. parcel maps (generated in early 2002) reports typically contained cave This minimum 16 ha core area consists obtained from the Bexar County location information in the form of a of a minimum 13 ha (33 ac) needed to Appraisal District to determine the cave location indicated on a U.S. support at least 15 of 24 species of the current status of habitat surrounding the Geological Survey topographic maps vegetative community commonly found known occupied caves. and/or UTM coordinates, and a map of on the Edwards Plateau, plus a 3 ha (7 In the proposed rule, we referred to the cave footprint. ac) area to buffer the vegetative Veni’s 1994 karst zone maps to ensure To improve the accuracy of our cave community against edge effects that the majority of the lands within location information, we submitted a associated with urban disturbances. each proposed unit overlaid a request to the Texas Speleological This surface area also acts to incorporate contiguous deposit of karst-bearing rock Survey (TSS) for any available digital areas of contiguous karst deposit around either known to contain the listed location data (UTM coordinates) for an occupied cave, which likely contains species (Zone 1) and/or having a high Bexar County caves known to contain the listed species that occupy the cave.

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17175

In several instances (Units 2, 13, and to extend at least 100 m (328 ft) farther (below) provides a description of lands 21), the surface or subsurface drainage east to a water well, 600 m (1,969 ft) within each unit and a description of basin associated with the occupied cave, southwest to a now-sealed, extensive how unit boundaries were delineated. as defined by Veni (2002), extends maze cave and about 1.2 km (0.75 mi) Areas within the boundaries of outside of the area originally designated to the southwest to another well (Veni mapped units that have existing human- in the proposed rule and therefore was 1988). Exploration and mapping of these constructed, above-ground, impervious not included in the final rule (see possible passages is continuing under structures do not contain the primary ‘‘Critical Habitat Unit Descriptions’’ the direction of the Texas Cave constituent elements and are not section). Also, in several instances Management Association, which owns considered to be critical habitat. Such (Units 1e1, 3, 6, 8b, and 17), the cave, the cave entrance. features and structures include, but are cave footprint, and portions of the cave not limited to, buildings and paved Critical Habitat Delineation cricket foraging area plus buffer, the roads. However, subsurface areas under drainage basins, and the 16-ha (40-ac) Lands designated as critical habitat these structures are considered to be vegetative area are located on lands for the seven endangered karst critical habitat since subterranean protected under the La Cantera HCP invertebrates occur in 22 separate units, spaces containing these species or which were not included in the with a total area of approximately 431 transmitting moisture and nutrients designation (see ‘‘Unit Description’’ and ha (1,063 ac). The lands within the through the karst ecosystem extend, in Lands Covered Under Existing critical habitat units are under private, some cases, underneath these existing Conservation Plans’’ sections). The city, and State ownership. Table 3 lists human-constructed structures. critical habitat area encompassing the known occupied caves, the total Landscaped areas associated with Robber Baron Cave (Unit 20) includes critical habitat unit area, land existing human-constructed structures both the known and estimated extent of ownership, and the listed species that also are also not considered critical the cave’s footprint. This cave is a occur within each designated unit. habitat because they do not contain the complex maze cave consisting of Table 4 shows the listed species and the primary constituent elements. Although approximately 1.51 km (0.94 mi) of critical habitat unit(s) where they occur. not considered to be critical habitat, passages known within a square area Each critical habitat unit contains one these landscaped areas may provide approximately 100 m (328 ft) on each or more of the primary constituent some foraging area for cave crickets and side (Veni 1988). Prior to the extensive elements needed by the karst other trogloxenes which are an development that has occurred in the invertebrate species. The ‘‘Critical important source of nutrients to the area, the cave’s footprint was estimated Habitat Unit Descriptions’’ section karst ecosystem.

TABLE 3.—KNOWN OCCUPIED CAVES, LAND OWNERSHIP AND LISTED SPECIES THAT OCCUR WITHIN EACH CRITICAL HABITAT UNIT DESIGNATED FOR ONE OR MORE OF THE ENDANGERED BEXAR COUNTY KARST INVERTEBRATES

Unit Known occupied caves in unit Total area of unit Ownership Listed species in unit

1e1 ...... Pig Cave ...... 15 ha (38 ac) ...... Private, city ...... Rhadine exilis San Antonio Ranch Pit ...... R. infernalis Batrisodes venyivi 1e2 ...... Continental Cave ...... 16 ha (40 ac) ...... City ...... R. infernalis 1e3 ...... Creek Bank Cave ...... 19 ha (46 ac) ...... Private, city ...... R. exilis Tight Cave ...... 2 ...... Logan’s Cave ...... 37 ha (92 ac) ...... Private ...... Cicurina madla Madla’s Drop Cave ...... R. exilis R. infernalis 3 ...... Helotes Blowhole * ...... 17 ha (41 ac) ...... Private ...... C. madla Helotes Hilltop Cave * ...... R. exilis R. infernalis B. venyivi 4 ...... Kamikazi Cricket Cave ...... 16 ha (40 ac) ...... Private ...... R. exilis R. infernalis 5 ...... Christmas Cave ...... 16 ha (40 ac) ...... Private ...... C. madla R. exilis R. infernalis B. venyivi 6 ...... John Wagner Ranch ...... 16 ha (40 ac) ...... Private, city ...... R. exilis Cave No. 3 * ...... R. infernalis 7 ...... Young Cave No. 1 ...... 16 ha (40 ac) ...... Private ...... R. exilis 8a ...... Three Fingers Cave ...... 16 ha (40 ac) ...... Private ...... R. exilis R. infernalis 8b ...... Hills and Dales Pit * ...... 28 ha (69 ac) ...... Private, city ...... C. madla Robber’s Cave ...... R. infernalis R. exilis 9 ...... Mastodon Pit ...... 16 ha (40 ac) ...... State ...... R. exilis 12 ...... Hairy Tooth Cave ...... 21 ha (51 ac) ...... Private ...... R. exilis Ragin’ Cajun Cave ...... 13 ...... Black Cat Cave ...... 16 ha (40 ac) ...... Private ...... R. exilis 14 ...... Game Pasture Cave No. 1 ...... 26 ha (64 ac) ...... Private ...... R. infernalis King Toad Cave ...... Stevens Ranch Trash Hole Cave ...... 15 ...... Braken Bat Cave ...... 34 ha (85 ac) ...... Private ...... Cicurina venii Isopit ...... R. infernalis

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17176 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

TABLE 3.—KNOWN OCCUPIED CAVES, LAND OWNERSHIP AND LISTED SPECIES THAT OCCUR WITHIN EACH CRITICAL HABITAT UNIT DESIGNATED FOR ONE OR MORE OF THE ENDANGERED BEXAR COUNTY KARST INVERTEBRATES—Con- tinued

Unit Known occupied caves in unit Total area of unit Ownership Listed species in unit

Obvious Little Cave ...... Wurzbach Bat Cave ...... 16 ...... Caracol Creek Coon Cave ...... 16 ha (40 ac) ...... Private ...... R. infernalis 17 ...... Madla’s Cave * ...... 16 ha (40 ac) ...... Private ...... C. madla R. infernalis 18 ...... Mattke Cave ...... 16 ha (40 ac) ...... Private ...... R. infernalis Scorpion Cave ...... 19 ...... Genesis Cave ...... 5 ha (12 ac) ...... Private ...... R. infernalis 20 ...... Robber Baron Cave ...... 23 ha (57 ac) ...... Private ...... Texella cokendolpheri Cicurina baronia 21 ...... Hornet’s Last Laugh Pit ...... 27 ha (68 ac) ...... City, Private ...... R. exilis Kick Start Cave ...... Springtail Crevice ...... Totals

22 ...... 31 caves ...... 431 ha (1,063 ac) * Indicates caves and associated lands protected by management under La Cantera’s Section 10 permit; these are not included in this des- ignation or in the area figures.

TABLE 4.—LIST OF THE NINE ENDAN- because their precise locations are the designation of critical habitat, as GERED BEXAR COUNTY KARST IN- unknown. these lands provide physical and VERTEBRATES AND THE CRITICAL One cave, Crownridge Canyon Cave, biological features that are essential to was confirmed as a new location for one HABITAT UNITS WITHIN WHICH THEY the conservation of the species. These of the listed species during the public areas include: Canyon Ranch Pit, Fat OCCUR comment period. This cave was not Man’s Nightmare Cave, and Scenic included in this final determination Critical habitat Overlook Cave and the surrounding Species name unit(s) of because deadlines negotiated under the approximately 30 ha (75 ac); Helotes occurrence court-ordered settlement did not allow Blowhole and Helotes Hilltop caves and us to re-propose critical habitat, and the surrounding approximately 10 ha Braken Bat Cave 15 thus there was not opportunity for the (25 ac); John Wagner Ranch Cave No. 3 meshweaver (Cicurina public to comment on its inclusion. and the surrounding approximately 1.6 venii). Although we cannot include ha (4 ac); Hills and Dales Pit and the Cokendolpher cave har- 20 vestman (Texella Crownridge Canyon Cave in this surrounding approximately 28 ha (70 cokendolpheri). designation of critical habitat, we ac); and Madla’s Cave and the Government Canyon Bat No critical habitat consider the cave and the associated surrounding approximately 2 ha (5 ac). Cave meshweaver designated. karst ecosystem to be important to the These eight caves and their associated (Cicurina vespera). conservation of the species. Because the karst management areas are being Government Canyon Bat No critical habitat cave is known to be occupied, it will protected under the HCP, and we have Cave spider designated. receive protection under sections 7 not included them in this critical habitat (Neoleptoneta microps). (under the ‘‘jeopardy standard’’ designation (see ‘‘Lands Covered Under Madla Cave meshweaver 2, 3, 5, 8b, 17 standard), 9, and 10 of the Act. Existing Conservation Plans’’ section). (Cicurina madla). Of the ten occupied caves associated Robber Baron Cave 20 Because of their geographic relationship meshweaver (Cicurina with the La Cantera HCP, none were to the rest of the critical habitat unit, it baronia). included in the proposed designation, was difficult to show some of these Beetle (Rhadine exilis) ..... 1e1, 1e3, 2, 3, 4, and we have not included them in the areas in our mapping process. Thus, 5, 6, 7, 8a, 8b, final designation of critical habitat. We although some of these areas occur 9, 12, 13, 21 authorized two caves for take of C. within the mapped area, they are not Beetle (Rhadine infernalis) 1e1, 1e2, 2, 3, 4, madla under La Cantera’s section included in a legal sense through 5, 6, 8a, 8b, 10(a)(1)(B) permit associated with the language in the final determination. 14, 15, 16, 17, HCP. These two caves were heavily We did not include seven occupied 18, 19 impacted as a result of authorized take caves in the Government Canyon State Helotes mold beetle 1e1, 3, 5 (Batrisodes venyivi). and are not expected to contribute to the Natural Area (GCSNA), which is owned species’ recovery. The other eight caves by the Texas Parks and Wildlife associated with the La Cantera HCP are Department (TPWD), and 23 occupied Of the 74 caves known to contain one protected within five karst management caves on the Department of Defense’s or more of the listed species, 43 were areas that will be perpetually managed (DOD) Camp Bullis, in this critical not included in the critical habitat and monitored in accordance with the habitat designation. Five of these caves designation. These 43 caves, and the conservation needs of the species. In were known to be occupied at the time reasons they were not designated, are most cases, these karst management of the proposed rule and were included described in the following summary. areas were not considered adequate as in the proposed rule. The presence of Two caves, referred to as ‘‘unnamed stand alone preserves. Therefore, where listed species in the other two caves was cave 1⁄2 mile N of Helotes’’ and ‘‘5 miles appropriate, we included lands confirmed by TPWD during the public NE of Helotes,’’ were not included in surrounding these occupied caves and comment period. During the public the proposed or final designation associated management areas as part of comment period, the Service received

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17177

and approved karst management plans digital orthophotographs obtained from State Natural Area, which we did not submitted by each agency. These plans the Bexar County Appraisal District. A include in the designation (see ‘‘Lands commit TPWD and DOD to long-term description of each unit designated, Covered Under Existing Conservation management and monitoring strategies including the current status of the lands Plans’’ section). that for the listed species and their in and around the unit, is presented Unit 2 habitat on their respective lands. The below. ‘‘Lands Covered Under Existing Two occupied caves occur within this Unit 1e1 Conservation Plans’’ section explains Unit 2 (Table 3). The surface of Unit 2 the reasons why we did not include Unit 1e1 contains two occupied caves consists of large, privatelyowned tracts, these areas in this designation of critical (Table 3). The surface of the unit which appear to be primarily habitat. consists primarily of undeveloped land. undeveloped with the exception of The majority of the unit is privately several small buildings and two or three Critical Habitat Unit Descriptions owned, with a small portion occurring small roads. The unit is surrounded by Unless otherwise indicated in the unit on the City of San Antonio’s Iron Horse primarily undeveloped privately owned descriptions below, each unit Canyon tract, which was purchased land. This unit contains all of the encompasses the following components: under the Proposition 3 program. components described above, with the one or more occupied caves; the Proposition 3 is the Parks Development exception of a small portion of the 80- footprint of each cave; a 150 m (492 ft) and Expansion Venue Project passed by acre subsurface drainage basin area around the cave to encompass the San Antonio voters in 2000 for associated with these caves that extends cave cricket foraging area (50 m (164 ft)) preservation of undeveloped Edwards outside of the western boundary of this and a buffer of 100 m (328 ft) against the Aquifer Recharge Zone lands. This unit unit. This area was not included in this effects of urban edges and red imported is surrounded by undeveloped, final determination because it was not fire ant invasion; the surface and privately owned land, including the identified in the proposed rule and subsurface drainage areas associated City of San Antonio’s Iron Horse therefore was not available for public with each cave as estimated in Veni Canyon tract and the La Cantera Canyon comment. Although not included in the (2002), to the extent possible; and, Ranch karst management area, which is critical habitat area, minimizing impacts where possible, a minimum of 16 ha (40 being managed in perpetuity for the to the subsurface drainage area ac) of surface vegetation encompassing conservation of the species under a associated with these caves may be each cave or cave cluster. Also, where section 10(a)(1)(B) permit. (See ‘‘Lands important for the conservation of the possible, each unit was delineated to Covered Under Existing Conservation species in that cave. include contiguous deposits of Zone 1 Plans’’ section.) This unit contains all of Unit 3 karst-bearing rock as defined by Veni the components described above, with (2002) underlying the cave cricket the exception of a portion of the Unit 3 consists of large tracts of foraging area plus buffer, the drainage groundwater drainage area and cave primarily undeveloped privately owned areas, and the vegetative area. cricket foraging area and buffer land. La Cantera’s Helotes Blowhole/ As explained previously (see ‘‘Critical associated with San Antonio Ranch Pit Helotes Hilltop karst management area Habitat Delineation’’ section), some of extends onto La Cantera’s Canyon (approximately 10 ha (25 ac)) occurs the units include human-constructed, Ranch karst management area, which is entirely within this unit and contains aboveground, impervious structures being managed for the conservation of two occupied caves (Table 3). This (e.g., buildings, paved roads) that do not the listed karst invertebrates. management area was acquired by La contain the primary constituent Cantera under their Section 10(a)(1)(B) elements and are not considered to be Unit 1e2 permit, which requires that these caves critical habitat. They are included Unit 1e2 contains one occupied cave and the surrounding lands be managed within the mapped unit because (Table 3). The surface of the unit in perpetuity for the conservation of the subsurface areas under these structures consists primarily of undeveloped lands species. We did not include these caves are considered to be critical habitat, with a few small roads. The entire unit and associated management areas in the since subterranean spaces containing occurs on the City of San Antonio’s Iron designation of critical habitat (see the karst species, or transmitting Horse Canyon property. This unit ‘‘Lands Covered Under Existing moisture and nutrients through the karst contains all of the components Conservation Plans’’ section). This unit ecosystem, extend underneath these described above. was delineated to encompass the existing human-constructed structures. portion of the cave cricket foraging area Unit 1e3 Within the units, landscaped areas plus buffer, the 16 ha (40 ac) vegetation associated with existing human- Unit 1e3 contains two occupied caves area, and the subsurface drainage basin constructed structures also are not (Table 3). The surface of the unit shared by the occupied caves that considered to be critical habitat because consists of undeveloped land with extends outside of the area protected they do not contain the primary several small roads. The majority of the under the La Cantera HCP. The majority constituent elements, although they may land is privately owned with a portion of the unit overlies a contiguous deposit provide some foraging area for cave of the unit occurring on the City of San of Zone 1 karst-bearing rock and a small crickets and other trogloxenes that are Antonio’s Iron Horse Canyon property. portion of Zone 3 as defined in Veni an important source of nutrients to the This unit is surrounded by (2002), which underlies part of the cave karst ecosystem. undeveloped, privately owned land, the cricket foraging area and buffer. Critical habitat boundaries are City of San Antonio’s Iron Horse described as the area bounded by Canyon property, and TPWD’s Unit 4 coordinates provided as geographic Government Canyon State Natural Area. Unit 4 includes one occupied cave longitude and latitude coordinate pairs This unit contains all of the components (Table 3). Lands surrounding Unit 4 (e.g., –98.7612682, 29.4363049), described above, with the exception of consist of relatively large undeveloped referenced to North American a portion of the 21 ha (51 ac) subsurface tracts with some subdivided residential Horizontal Datum 1983 (NAD 83). drainage area shared by both caves that tracts that appear to be partially Coordinates were derived from 2001 occurs on TPWD’s Government Canyon developed. The majority of the unit

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17178 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

overlies a contiguous deposit of Zone 1 Unit 7 of the unit overlies a contiguous deposit karst-bearing rock with a small portion Unit 7 contains one occupied cave of Zone 1 karst-bearing rock with the of Zone 3, which underlies part of the (Table 3). The surface of Unit 7 consists remainder being defined as Zone 2. This cave cricket foraging area and associated of relatively large, privately owned, unit contains all of the components buffer areas. This unit contains all of the undeveloped tracts with a few described above. components described above. residential roads. The unit is Unit 12 surrounded by large, primarily Unit 5 undeveloped, privately-owned land. Unit 12 contains two occupied caves Unit 5 contains one occupied cave This unit contains all of the components (Table 3). The unit is surrounded by (Table 3). The surface of Unit 5 consists described above. residential development. Within the of a large tract of privately owned, unit, there are multiple residential lots Unit 8a surrounding a tract of undeveloped undeveloped land and several smaller Unit 8a contains one occupied cave land. The lots appear to be partially tracts developed with homes and an (Table 3). The surface of Unit 8a developed. Several residential roads and associated residential road. The unit is consists of large tracts of undeveloped one major roadway occur within the bordered to the north and northwest by land with a few small roads. About half unit. As explained above, these human- large tracts of undeveloped land and of the unit is privately-owned. The other constructed features are not considered bordered on the remaining sides by half lies within the City of San critical habitat, but subsurface areas smaller tracts with some residential Antonio’s Medallion tract, which was under these structures are part of the development. This unit contains all of purchased under the Proposition 3 designation of critical habitat. This unit the components described above. The program. The unit is surrounded by contains all of the components majority of the unit overlies a undeveloped, privately owned lands described above. contiguous deposit of Zone 1 karst- and the City’s Medallion property. This bearing rock, with a small portion of unit contains all of the components Unit 13 Zone3, which underlies part of the cave described above. Unit 13 includes one occupied cave cricket foraging area and associated Unit 8b (Table 3). The surface of the unit buffer area. consists primarily of large privately Unit 8b contains two occupied caves Unit 6 owned tracts with some residential (Table 3). The surface consists of large, development. Bulverde Road, a major primarily undeveloped tracts. A large La Cantera’s John Wagner Ranch Cave roadway, bisects the western portion of portion of this unit occurs on the City the unit. Unit 13 is bordered by dense #3 karst management area is within this of San Antonio’s Medallion property, residential development to the unit, and contains one occupied cave which was purchased under the northwest and large-lot residential (Table 3). This cave, and approximately Proposition 3 program. This unit also development to the northeast. The lands 1.6 ha (4 ac) surrounding the cave, were contains a portion of La Cantera’s Hills to the south, southeast, and southwest acquired by La Cantera under their and Dales Pit karst management area, consist of large, primarily undeveloped section 10(a)(1)(B) permit. The permit which contains Hills and Dales Pit, one tracts. This unit contains all of the requires that the cave and the of the two occupied caves within the components described above, with the surrounding lands be managed in unit (Table 3). Hills and Dales Pit and exception of a portion of the subsurface perpetuity for the conservation of the 28 ha (70 ac) surrounding the cave were drainage area, which extends outside of species. We did not include this cave, acquired by La Cantera under a section the western boundary of the unit and the associated lands being managed 10(a)(1)(B) permit, which requires that underneath an area of existing under the permit, in this designation of the cave and the surrounding lands be residential development. This drainage critical habitat (see ‘‘Lands Covered managed in perpetuity for the area was not included in this final Under Existing Conservation Plans’’ conservation of the species. We did not include this cave and associated lands determination because it was not section). The surface of Unit 6 consists identified in the proposed rule and of several subdivided, large-lot tracts in this designation of critical habitat (see ‘‘Lands Covered Under Existing therefore was not available for public with homes and their associated roads comment, and because of the legal and a large, undeveloped tract to the Conservation Plans’’ section). This unit was delineated to encompass the settlement agreement to complete this north owned by the City of San Antonio designation by a specific deadline, we as part of the Thrift tract, which was portion of the 33-acre surface drainage basin and cave cricket foraging area plus did not have time to republish the purchased under the Proposition 3 critical habitat proposal to include this program. The unit is surrounded on buffer associated with Hills and Dales Pit that extends outside of the 28-ha area and allow public comment on it. most of three sides by the City-owned management area protected under the Although this area is not included in the Thrift tract and is adjacent to large-lot La Cantera HCP, as well as all of the critical habitat area, minimizing impacts residential development to the south components associated with Robber’s to the subsurface drainage area and southwest. This unit was delineated Cave as described above. associated with Black Cat Cave may be to encompass the portion of the cave important for the conservation of the cricket foraging area plus buffer, the Unit 9 species in that cave. subsurface drainage basin, and 16 ha (40 Unit 9 contains one occupied cave Unit 14 ac) vegetation area that extends outside (Table 3). The surface of the unit of the area protected under the La consists of a large tract of undeveloped Unit 14 contains three occupied caves Cantera HCP. The majority of Unit 6 land owned by the University of Texas (Table 3). The surface of the unit overlies a contiguous deposit of Zone 1 at San Antonio (UTSA). The unit is consists of several large privately karst-bearing rock with a small portion bordered to the north by Loop 1604, a owned, undeveloped tracts and is of Zone 3, which underlies part of the major highway, to the west by the UTSA surrounded by large tracts of currently cave cricket foraging area and associated campus, and to the south and east by undeveloped land. This unit contains buffer area. currently undeveloped land. A portion all of the components described above.

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17179

Unit 15 portion of Zone 3 as defined in Veni to the southwest to another well (Veni Unit 15 contains four occupied caves (2002), which underlies part of the cave 1988). The estimated footprint of the (Table 3). The unit occurs within and is cricket foraging area and buffer. cave now extends underneath numerous residential and commercial surrounded by large-lot residential Unit 19 development. This unit contains all of developments. The Texas Cave This unit contains one cave (Table 3). the components described above. Management Association (TCMA) now Genesis Cave is one of only two owns and manages the cave entrance Unit 16 locations currently known to contain and about 0.2 ha (0.5 ac) surrounding Unit 16 includes one occupied cave Rhadine infernalis infernalis (Table 1) the opening. TCMA, in cooperation with (Table 3). The surface of this unit and is therefore particularly important the Service’s Partners for Fish and consists of several large privately for the conservation of the species. Wildlife Program, is currently working owned, undeveloped tracts. The unit is Genesis Cave is the deepest explored to replace the existing cave gate, which surrounded on three sides by cave in Bexar County, extending below consists of a concrete bunker created to privatelyowned undeveloped land. the water table, and has been mapped deter access, with a new gate that will Loop 1604, a major roadway, goes down to 78 m (256 ft) (Veni 1988). facilitate exchange of air and nutrients through the eastern part of the unit and The majority of the land within this into the cave as well as restrict access. lies above the eastern portion of the unit has been developed for residential TCMA also plans to restore the grounds subsurface drainage area associated with and/or commercial uses. As a result of immediately surrounding Robber Baron the cave. This unit contains all of the the extensive existing development Cave to a more natural state and repair components described above. within this unit, the surface vegetation the perimeter fence to regulate access. has been reduced and degraded and The majority of the surface land Unit 17 only small vegetated areas remain. within this unit has been developed for Unit 17 consists of several large Therefore, this unit does not contain the residential and/or commercial uses. As privately owned undeveloped tracts primary constituent element of a a result of the extensive existing with a few small roads and is healthy surface plant community and development within this unit, the surrounded by privately owned was delineated to encompass the cave, surface vegetation has been reduced and undeveloped land. La Cantera’s Madla’s its footprint, the surface and subsurface degraded and only small vegetated areas Cave management area occurs within drainage area, and a portion of the cave remain. Therefore, this unit does not this unit and contains the one occupied cricket foraging area with potential for contain the primary constituent element cave in the unit (Table 3). This cave and being restored to native vegetation. The of a healthy surface plant community. the approximately 2 ha (5 ac) cave is surrounded by approximately 2 The unit was designated to encompass surrounding the cave is under a acres of undeveloped land, which is the cave; the cave footprint, both the conservation easement acquired by La adjacent to several small parcels of known and estimated extent; and the Cantera under a section 10(a)(1)(B) undeveloped land. We believe that these surface and subsurface drainage area. permit, which requires that this cave areas, by themselves, are not sufficient Vegetation surrounding the cave and the surrounding lands be managed to maintain a healthy plant community entrance consists primarily of nonnative in perpetuity for the conservation of the and that intensive management will species used for residential landscaping. species. We did not include this cave, likely be needed to provide nutrients Intensive management will likely be as well as the the associated lands and water to the listed species in this needed to provide nutrients and water covered by the permit, in the cave. However, these small to the listed species in this cave. undeveloped areas surrounding the cave designation of critical habitat (see Unit 21 ‘‘Lands Covered Under Existing may provide foraging area for crickets Conservation Plans’’ section). This unit inhabiting Genesis Cave and should be Unit 21 contains three occupied caves was delineated to encompass the managed to benefit the species. (Table 3). The majority of this unit occurs within the City of San Antonio’s portions of the cave cricket foraging area Unit 20 plus buffer and 16 ha (40-ac) vegetative Stone Oak property, purchased under area that extend outside of the This unit contains one occupied cave the Proposition 3 program. Several management area protected under the (Table 3). Robber Baron Cave is the only residential lots also occur within the La Cantera HCP. The majority of the known location for two of the nine unit boundaries. This unit contains all unit overlies a contiguous deposit of listed species (Table 1) and because the of the components described above, Zone 1 karst-bearing rock with a small cave is located within an area that is with the exception of the majority of the portion of Zone 3, which underlies part geologically isolated from other karst over 5,600-ac surface drainage area of the cave cricket foraging area and areas in the San Antonio region, these associated with Springtail Crevice Cave associated buffer area. two species are not likely to occur as defined by Veni (2002). This drainage outside this area (Veni 1994). Therefore, area was not included in this final Unit 18 this cave is particularly important for determination because it was not Unit 18 includes two occupied caves the conservation of these species. identified in the proposed rule and (Table 3). The surface of this unit Robber Baron Cave is by far the longest therefore was not available for public consists of large privately owned cave in Bexar County consisting of comment, and because of time deadlines undeveloped tracts and several smaller approximately 1.51 km (0.94 mi) of associated with the legal settlement residential lots developed with homes. passages known within a square area agreement to complete this designation, Unit 18 is surrounded on three sides by approximately 100 m (328 ft) on each we did not have time to republish the residential and commercial side (Veni 1988). Prior to the extensive critical habitat proposal to include this development and on the fourth side by development that has occurred in the area and allow public comment on it. a large undeveloped tract. This unit area, the cave’s footprint was estimated Although not included in the critical contains all of the components to extend at least 100 m (328 ft) farther habitat area, minimizing impacts to the described above. The majority of the east to a water well, 600 m (1,969 ft) surface drainage area associated with unit overlies a contiguous deposit of southwest to a now-sealed extensive this cave may be important for the Zone 1 karst-bearing rock and a small maze cave, and about 1.2 km (0.75 mi) conservation of the species in that cave.

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17180 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

Effects of Critical Habitat Designation provide conservation recommendations Natural Resources Conservation Service, to assist the agency in eliminating or Housing and Urban Development) Section 7 Consultation conflicts that may be caused by the also will continue to be subject to the Section 7(a)(2) of the Act requires proposed action. The conservation section 7 consultation process. Federal Federal agencies, including the Service, recommendations are advisory. We may actions that do not affect listed species to ensure that actions they fund, issue a formal conference report, if or critical habitat, as well as actions on authorize, or carry out are not likely to requested by the Federal action agency. non-Federal lands that are not federally jeopardize the continued existence of a Formal conference reports include an funded or permitted, do not require list species or result in the destruction opinion that is prepared according to 50 section 7 consultation. or adverse modification of critical CFR 402.14, as if the species was listed Section 4(b)(8) of the Act requires us habitat. In our regulations at 50 CFR or critical habitat was designated. We to evaluate briefly in any proposed or 402.02, we define destruction or adverse may adopt the formal conference report final regulation that designates critical modification as ‘‘a direct or indirect as the biological opinion when the habitat those activities which, if alteration that appreciably diminishes species is listed or critical habitat is undertaken, may adversely modify such the value of critical habitat for both the designated, if no substantial new habitat or that may be affected by such survival and recovery of a listed species. information or changes in the action designation. Activities that may result Such alterations include, but are not alter the content of the opinion (see 50 in the destruction or adverse limited to alterations adversely CFR 402.10(d)). modification of critical habitat include modifying any of those physical or If we issue a biological opinion, those that alter the primary constituent biological features that were the basis resulting from a section 7 consultation, elements to an extent that the value of for determining the habitat to be concluding that a Federal action is critical habitat for the conservation of critical.’’ However, in a March 15, 2001, likely to result in the destruction or any of the seven karst invertebrates is decision of the United States Court of adverse modification of critical habitat, appreciably reduced. These activities Appeals for the Fifth Circuit (Sierra we also would provide reasonable and may occur outside the designated Club v. U.S. Fish and Wildlife Service et prudent alternatives to the action, if any critical habitat and still result in al., 245 F.3d 434), the Court found our are identifiable. Reasonable and prudent destruction or adverse modification; for definition of destruction or adverse alternatives are defined at 50 CFR example, activities in the drainage area modification to be invalid. In response 402.02 as alternative actions identified or locations adjacent to the critical to this decision, we are reviewing the during formal consultation that can be habitat that impacts the karst regulatory definition of adverse implemented in a manner consistent environment within the designated modification in relation to the with the intended purpose of the action, critical habitat. Activities that may conservation of the species. that are consistent with the scope of the directly or indirectly adversely affect Section 7(a)(2) of the Act requires Federal agency’s legal authority and critical habitat for these karst Federal agencies to evaluate their jurisdiction, that are economically and invertebrates include, but are not actions with respect to any species that technologically feasible, and that we limited to: is listed as endangered or threatened believe would avoid destruction or (1) Removing, thinning, or destroying and with respect to its critical habitat, adverse modification of critical habitat. perennial surface vegetation, with the if any is designated. Activities on Regulations at 50 CFR 402.16 require exception of landscaping associated Federal lands that may affect the listed Federal agencies to reinitiate with existing human-constructed, karst invertebrates or their designated consultation on previously reviewed above-ground, impervious structures, critical habitat will require section 7 actions under certain circumstances, occurring in any critical habitat unit, consultation with the Service. Federal including instances where critical whether by burning, mechanical, agencies also must consult with the habitat is subsequently designated and chemical, or other means (for example, Service under section 7 with regard to the Federal agency has retained wood cutting, grading, overgrazing, actions they authorize (permit) or fund discretionary involvement or control construction, road building, pipelines, that occur on private, State, or other over the action or such discretionary mining, herbicide application); non-Federal lands if the action may involvement or control is authorized by (2) Alteration of the surface affect listed species or designated law. Consequently, some Federal topography or subsurface geology critical habitat. Actions authorized, agencies may request reinitiation of within any critical habitat unit that funded, or implemented by Federal consultation with us on actions for results in significant disruption of agencies that affect listed species which formal consultation has been ecosystem processes that sustain the outside their designated critical habitat completed if those actions may affect cave environment. This may include, areas may still result in jeopardy designated critical habitat. but is not limited to, such activities as findings in some cases. Federal actions Activities on Federal lands that may filling cave entrances or otherwise that do not affect the species or affect any of the nine karst invertebrates reducing airflow, which limits oxygen designated critical habitat, as well as or the designated critical habitat will availability; modifying cave entrances, actions on non-Federal lands that are require consultation under section 7 of or creating new entrances that increase not federally funded or permitted, will the Act. Activities on private, State, or airflow and result in drying; altering not require section 7 consultation. other non-Federal lands that involve a natural drainage patterns (surface or Regulations implementing this Federal action such a permit (e.g., a subsurface) in a manner that alters the interagency cooperation provision of the permit from the U.S. Army Corps of amount of water entering the cave or Act are codified at 50 CFR part 402. Engineers under section 404 of the karst feature; removal or disturbance of Section 7(a)(4) of the Act requires Clean Water Act or a Construction native surface vegetation that may alter Federal agencies to confer on any action General permit from the U.S. the quality or quantity of water entering likely to jeopardize the continued Environmental Protection Agency), or the karst environment; soil disturbance existence of a species proposed for Federal funding (e.g., from the Federal that results in increased sedimentation listing or result in destruction or Highway Administration, Federal in the karst environment; increasing adverse modification of proposed Aviation Administration, Federal impervious cover that may decrease critical habitat. Conference reports Emergency Management Agency, water quantity entering the karst

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17181

environment within any critical habitat actions described above as potentially accomplishing the objectives, and have unit (e.g., paving over a vegetated area); adversely modifying critical habitat are an implementation schedule or and altering the entrance or opening of also likely to adversely affect the listed adequate funding for implementing the the cave or karst feature in a way that species. Federal agencies already are management plan); and (3) the plan would disrupt movements of raccoons, required to consult with us on activities provides assurances the conservation opossums, cave crickets, or other in areas where the species may be strategies and measures will be effective animals that provide nutrient input; or affected to ensure that the actions of the (i.e., it identifies biological goals, has otherwise negatively altering the agency are not likely to jeopardize the provisions for reporting progress, and is movement of nutrients into the cave or continued existence of the species. of a duration sufficient to implement the karst feature; Therefore, we do not expect that this plan and achieve the plan’s goals and (3) Discharge or dumping of designation of critical habitat will result objectives). chemicals, silt, pollutants, household or in a regulatory burden above that When we assess the likelihood of industrial waste, or other harmful already in place because of the presence whether the special management and material into or near critical habitat of the listed species. protection will be implemented, we units that may affect surface plant and If you have questions regarding consider whether: (1) A management animal communities or that affects the whether specific activities would plan or agreement exists that specifies subsurface karst ecosystem. constitute adverse modification of the special management actions being (4) Pesticide or fertilizer application critical habitat, please contact Robert T. implemented or to be implemented; (2) in or near critical habitat units that Pine, Supervisor, Austin Ecological there is a timely schedule for drain into these karst features or that Services Field Office (see FOR FURTHER implementation; (3) there is a high affect surface plant and animal INFORMATION CONTACT section). Requests probability that the funding source(s) or communities that support karst for copies of the regulations on listed other resources necessary to implement ecosystems. Careful use of pesticides in wildlife and plants, and inquiries about the special management will be the vicinity of karst features may be prohibitions and permits, should be available; and (4) the party(ies) have the necessary in some instances to control directed to the U.S. Fish and Wildlife authority and long-term commitment to nonnative fire ants. Guidelines for Service, Endangered Species Act the agreement or plan to implement the controlling fire ants in the vicinity of Section 10 Program (see ADDRESSES special management and provide the karst features are available from us (see section). protection, as demonstrated, for ADDRESSES section); example, by a legal instrument Lands Covered Under Existing (5) Activities within caves that lead to providing enduring protection and Conservation Plans soil compaction, changes in special management of the areas that atmospheric conditions, or The first portion of the definition of contain the primary constituent abandonment of the cave by bats or critical habitat in section 3(5)(A) of the elements. other fauna; Act states that critical habitat means: When we evaluate whether an action (6) Activities that attract or increase ‘‘(i) The specific areas within the is likely to be effective, we consider access for fire ants, cockroaches, or geographical area occupied by the whether: (1) The plan specifically other invasive predators, competitors, or species, at the time it is listed * * * on addresses the special management potential vectors for diseases or which are found those physical or needs, with respect to the conservation parasites into caves or karst features biological features (I) essential to the and enhancement, where possible, of within the critical habitat units (e.g., conservation of the species and (II) the primary constituent elements; (2) dumping of garbage in or around caves which may require special management actions similar to those being proposed or karst features); and considerations or protection.’’ As part of or used as special management and (7) Release of certain biological our process of developing a critical protection have been successfully used control organisms within or adjacent to habitat designation, we evaluate existing in the past; (3) there are provisions for critical habitat areas. Biological control management plans to determine monitoring and assessment of the organisms include, but are not limited whether an area may require special effectiveness of the special management to, predaceous or parastoid (i.e., an management or protection and thus and protection; and (4) adaptive organism that lays its eggs in the body qualifies as critical habitat. The Service management principles have been of another animal) vertebrates or believes that special management or incorporated into the plan. invertebrates, fungi, bacteria, or other protection is not required if an area is If an area provides physical or natural or bioengineered organisms. covered by a legally operative plan that biological features essential to the Not all of the identified activities will addresses the maintenance and conservation of the species, and also is necessarily result in the destruction or improvement of essential habitat covered by a plan that meets these adverse modification of critical habitat. elements and that provides for the long- criteria described above, then such an They indicate, however, the potential term conservation of the species. area does not constitute critical habitat types of activities that will require We consider a current plan to provide as defined by section 3(5)(A)(i) of the section 7 consultation in the future and, adequate special management or Act because the primary constituent therefore, that may be affected by the protection if it meets three criteria: (1) elements found there are not in need of designation of critical habitat. To The plan is complete and provides a special management. properly portray the effects of critical conservation benefit to the species (i.e., With the ‘‘may require special habitat designation, we must compare the plan must maintain or provide for management or protection’’ clause, the section 7 requirements for actions an increase in the species’ population, Congress determined that certain areas that may affect critical habitat with the or the enhancement or restoration of its should not be included in a designation requirements for actions that may affect habitat within the area covered by the despite the fact that they contain a listed species. All of the areas plan); (2) the plan provides assurances features essential to the conservation of designated as critical habitat are known that the conservation management the species. However, it has been to contain one or more caves occupied strategies and actions will be suggested that the need for any by one or more of the listed karst implemented (i.e., those responsible for management of physical or biological invertebrates. Therefore, all of the implementing the plan are capable of features, regardless of whether that

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17182 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

management is in place, qualifies an Conservation Plan. (A notice of • In addition, the plan requires the area as meeting this part of the availability for the HCP was published control of impacts from increasing definition of critical habitat. This on July 2, 2001, opening a 30-day period population densities of white-tailed interpretation ignores the question of for public comment. The section 10 deer and other mammals on surface whether the special management or permit was issued on October 31, 2001.) plant and animal communities. Cattle, protections are or are not required. The goals of the HCP are to minimize other domestic and/or exotic livestock, Under this interpretation, any area on and mitigate for the potential negative and pets will not be allowed in the karst which an action needs to be taken to effects of constructing and operating management areas unless approved by provide special management commercial, light industrial, the Service. No fertilizers, herbicides, or consideration or protection for a species recreational, and residential pesticides will be used within the constitutes critical habitat for that development near and adjacent to management areas unless approved by species. We believe that this currently occupied habitat of the the Service. No new roads, new utilities, interpretation of section 3(5)(A)(i) is endangered karst invertebrates, and to or other development, including incorrect because it essentially reads the contribute to conservation of the stormwater or wastewater lines, special management clause out of the covered species and other listed and treatment ponds, structures or other definition. Thus, under this non-listed cave or karst fauna. To facilities, are allowed within the karst interpretation, critical habitat would accomplish these goals, the plan management area boundaries unless include all areas within the range of the requires the following special allowed for under the HCP or approved species on which are found features management and protection: by the Service. Motorized vehicles will essential to the conservation of the • Routine inspections will be be prohibited from the management species, notwithstanding the additional conducted and will include, but may areas at all times, unless utilized to requirement in the language of the Act. not be limited to: Signs of vandalism facilitate operation, monitoring, and In contrast, our interpretation of the and unauthorized entry; damage to cave maintenance. No public access, language, as described above, gives gates, fencing, and/or signs; damage to including hiking, biking, and horseback independent meaning to the special vegetation; presence of fire ants or other riding, will be allowed unless approved management clause because there will nonnative species; dumping; and any by the Service. Karst management and be some areas with features essential to other conditions that could affect the monitoring plans will be developed for the conservation of the species that will listed species or the karst ecosystem. each management area and will include not require special management because Native vegetation will be maintained or monitoring of the baseline conditions they already have such management. improved within the karst management (biological and physical conditions of the area prior to the other scheduled La Cantera Habitat Conservation Plan area. A baseline survey will be activities), surface and subsurface Section 10(a) of the Act authorizes the conducted and repeated every 10 years thereafter. animal species, and surface vegetation, Service to issue to non-Federal entities as well as measurement of cave and • A fire ant control and treatment a permit for the incidental take of surface climates. endangered or threatened species. This program will be implemented. Boiling • An adaptive management strategy permit allows a non-Federal landowner water will be used within 50 m of the will be used in the implementation of to proceed with an activity that is legal cave footprint. Boiling water and/or the plan. On the basis of this strategy, in all other respects, but results in the chemical bait will be used between 50 if monitoring or other information incidental taking of a listed species (i.e., and 150 m. Baits may be ‘‘broadcast’’ indicates that the goals or requirements take that is incidental to, and not the more than 150 m from a cave footprint of the HCP are not being met, then purpose of, the carrying out of an according to protocols outlined in the adjustments will be made as outlined in otherwise lawful activity). The Act HCP. The control and monitoring of fire the HCP. specifies that an application for an ants will occur at least twice a year over As explained in the proposed rule (67 incidental take permit must be the entire karst management area. FR 55064), based on our evaluation of accompanied by a conservation plan. A Documentation of mounds will also the adequacy of special management permit may not be issued unless the occur during routine inspections. An considerations and protection provided conservation plan submitted to the increase in treatment will occur if by the La Cantera HCP, and in light of Service meets certain requirements, as mounds exceed stated numbers in the the definition of critical habitat in provided in section 10(a)(2)(A) of the HCP. section 3(5)(A) of the Act, we did not Act. For example, the conservation plan • Cave security fences will be include the five karst management areas must specify what steps the applicant installed around all caves according to established by La Cantera as part of the will take to minimize and mitigate such specifications outlined in the HCP, and proposed designation of critical habitat. impacts, and the funding that will be some caves will have cave gates These areas were established as a available to implement such steps. After installed. Signs will be placed along all requirement of their section 10(a)(1)(B) an opportunity for public comment on fences to further minimize the potential permit, which is titled ‘‘Environmental the conservation plan, the Service may for vandalism and unauthorized access Assessment and Habitat Conservation issue the permit provided we determine to the management areas. These areas Plan for Issuance of an Endangered that certain conditions, as specified in will have officially designated points of Species Act Section 10(a)(1)(B) Permit section 10(a)(2)(B), are met. For access or entry. Entry gates will remain for the Incidental Take of Two instance, the Service must find that the locked at all times when unattended. Troglobitic Ground Beetles (Rhadine taking will be incidental, and the taking Cave security fences and their signs and exilis and Rhadine infernalis) and will not appreciably reduce the cave gates will be maintained and Madia Cave Meshweaver (Cicurina likelihood of the survival and recovery routinely inspected; barbed-wire fences madia) During the Construction and of the species in the wild. will be inspected at least every 6 Operation of Commercial Development In our proposed rule for designating months. Necessary repairs to fencing, on the Approximately 1,000-Acre La critical habitat for the karst gates, and signs will be initiated within Cantera Property, San Antonio, Bexar invertebrates, we considered the lands one week if any of these are found to County, Texas, dated October 11, 2001.’’ covered by the La Cantera Habitat have incurred damage. These five karst management areas

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17183

include: (1) Canyon Ranch (including monitoring activities conducted each protect important sources of nutrients Canyon Ranch Pit, Fat Man’s Nightmare year to the Service annually. for KMAs, prevent siltation and/or entry Cave, and Scenic Overlook Cave and the For the reasons described above, the of other contaminants into KMAs, surrounding approximately 30 ha (75 five karst management areas established dprevent vandalism, dumping of trash, ac) within critical habitat Unit 1e, as by La Cantera and being provided for and unauthorized entry into caves. proposed; (2) Helotes Blowhole and under their HCP are not included in this Certain caves may require cave gates Helotes Hilltop caves and the designation of critical habitat because and/or security fences. surrounding approximately 10 ha (25 they are receiving adequate special • In addition, the Army will: (1) ac), within Unit 3 as proposed; (3) John management considerations and Continue conducting karst and Wagner Cave No. 3 and the surrounding protection, and therefore do not meet biospeleological surveys; (2) complete approximately 1.6 ha (4 ac), within Unit the definition of critical habitat as stated hydrogeologic studies on KMAs; (3) 6 as proposed; (4) Hills and Dales Pit in section 3(5)(A)(i) of the Act. continue studies on the ecology of karst species; (4) develop educational and the surrounding approximately 28 Camp Bullis Conservation Plan for Karst programs to raise awareness and ha (70 ac), within Unit 8 as proposed; Species and (5) Madla’s Cave and the encourage protection of karst surrounding approximately 2 ha (5 ac), During the comment period for the ecosystems by Camp Bullis personnel within Unit 17 as proposed. proposed designation of critical habitat, and the public; (5) monitor all KMAs to the U.S. Army Garrison, Fort Sam We believe that the La Cantera HCP determine success or failure of Houston submitted a ‘‘Management Plan management actions; and (6) document meets the three criteria used by the for the Conservation of Rare and all fauna and flora encountered during Service to determine if a plan provides Endangered Karst Species, Camp Bullis, monitoring. Monitoring will occur every adequate special management or Bexar and Comal Counties, Texas,’’ for 1–3 years based on changes in the extent protection to a listed species. First, the the 23 caves on Department of Defense that Camp Bullis uses areas in or around HCP provides a conservation benefit to (DOD) property that are known to the cave. the species through the protection of contain listed karst species. These 23 • Finally, only native xeriscape eight caves, each occupied by one or caves were included within Units 10 plants will be used to landscape for new more of the three listed species covered and 11 of the proposed designation of construction within 150 m of a KMA. under the HCP. The various critical habitat. The Camp Bullis Two of the caves are near the boundary management actions (e.g., installation of conservation plan calls for the following of Camp Bullis. We intend to form a security fences, controls on numerous special management considerations and partnership with Camp Bullis and the potential human impacts, fire ant protection: private landowners to gain their support control and treatment program) will • The Army will identify karst for protecting the habitat that is on provide conservation benefits. Second, management areas (KMAs) and private lands near these caves. the HCP provides assurance that the determine the appropriate size and In addition to the activities outlined conservation management strategies and shape of each KMA necessary to in their plan, Camp Bullis began actions will be implemented. These incorporate the biological and physical conducting surveys for cave and karst caves and associated management areas components needed for the conservation features and karst fauna in 1993 and are protected, in perpetuity, by of the species (e.g., cave footprint, plans to complete karst surveys of the appropriate legal mechanisms, and will surface and subsurface drainage areas entire approximately 28,000-acre be managed, in perpetuity. The HCP associated with the occupied cave, cave installation in 2003. Camp Bullis provides assurances that the cricket foraging area, surface plant and submitted a draft karst management conservation strategies and actions will animal community). The KMAs will be plan to us in 1999 and has been be implemented by outlining a schedule preserved in perpetuity within the implementing measures to conserve of management and monitoring limits possible through the authority of listed karst invertebrate species since activities to be conducted at each karst Camp Bullis and its operational and then. These measures include, but are management area. Also, based on our mission requirements. The Plan not limited to, control of red-imported review of available information, stipulates that should Camp Bullis ever fire ants, control of unauthorized access estimates, and budgets, La Cantera be transferred in whole or in part, local through cave gating, and limiting committed to provide funding for all Army officials will request that the training activities in areas around management, monitoring, repair, and Secretary of the Army, or other occupied caves. The 2002 karst adaptive management actions described appropriate authority, review and management plan, received and in the HCP up to an aggregate of $38,032 incorporate provisions from this approved by the Service during the per year, as adjusted for inflation. Third, management plan into the property comment period, includes these and to provide assurances that the disposal procedures in order to transfer additional measures to conserve the conservation strategies and measures responsibility for appropriate listed species and their ecosystems on will be effective, the HCP was management of any former Camp Bullis Camp Bullis. developed on the basis of the best karst management areas to all Based on our evaluation of the Camp available information, and La Cantera is subsequent owners by deed recordation Bullis conservation plan for the karst required to conduct periodic surveys of or other binding instrument. invertebrates, we find that it provides the cave environment, as well as the • Fire ants will be controlled. Only adequate special management surface plant and animal community to boiling water will be used up to 50 m considerations and protection for the determine the status of these from a cave’s footprint, chemical fire ant species occurring within Units 10 and environments and the need for adaptive bait or boiling water, if feasible, will be 11 that were proposed for designation as management. If monitoring or other used between 50 and 150 m, and critical habitat. We believe that Camp information indicates that the goals or ‘‘broadcasting’’ of bait may be used at Bullis’ karst management plan (Plan) requirements of the HCP are not being distances greater than 150 m. Pesticide meets the three criteria used by the met, then adjustments will be made as and fertilizer use will be prohibited Service to determine if a plan provides appropriate. La Cantera is required to within KMAs unless specifically adequate special management or submit a report of all management and authorized. Special management will protection to a listed species. The Plan

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17184 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

provides a conservation benefit to the Bexar County, Texas.’’ Government yearly at all caves. Through species through the protection of Canyon State Natural Area (GCSNA) photographic documentation, changes twenty-three caves occurring on Camp was designated as a state natural area in in vegetation structure and composition Bullis. Each cave is occupied by one or 1993. As of 2002, GCSNA includes a around caves will be monitored. more of the listed species. Under the total of 8,199 acres. As a designated Volunteers holding valid scientific terms of a memorandum of natural area, GCSNA’s mission is to research and recovery permits for karst understanding (MOU) signed by Camp protect the outstanding natural invertebrates will assist in monitoring Bullis and the Service on December 20, attributes found on the property, listed and unlisted species. An annual 2002, Camp Bullis agreed to protect, including caves inhabited by the listed report of activities will be submitted by manage and monitor caves containing karst invertebrates. Surveys for cave and October 31st of each calendar year. listed species as specified in the Plan karst features and cave fauna have been Based on our evaluation of the Karst within the limits possible through the ongoing at GCSNA since 1994. To Management and Maintenance Plan for authority of Camp Bullis and its protect the listed karst invertebrates, Government Canyon State Natural Area, operational and mission requirements. GCSNA began treating for fire ants we find that it provides adequate special The Plan stipulates that should Camp around the occupied caves in 1999 and management considerations and Bullis ever be transferred in whole or in has continued to implement this and protection for Units 1a, 1b, 1c, and 1d part, local Army officials will request other conservation measures benefitting that were proposed for designation as that the Secretary of the Army, or other the listed species and their ecosystem. critical habitat. We believe that TPWD’s appropriate authority, review and Such on-going measures include, but are karst management plan submitted for incorporate provisions from this not limited to, ongoing surveys for cave GCSNA meets the three criteria used by management plan into the property and karst features and cave fauna, the Service to determine if a plan disposal procedures in order to transfer control of fire ants, and control of provides adequate special management responsibility for appropriate unauthorized access. As described in or protection to a listed species. The management of any former Camp Bullis the following paragraphs, the 2002 karst Plan provides a conservation benefit to karst management areas to all management plan, received and the species through the protection of subsequent owners by deed recordation approved by the Service during the seven caves, each occupied by one or or other binding instrument. The Plan comment period, includes these and more of the listed species. As a provides assurances that the additional measures to conserve the designated natural area, GCSNA’s conservation strategies and actions will listed species and their ecosystems on mission is to protect the outstanding be implemented by outlining a schedule GCSNA. natural attributes found on the property, of management and monitoring TPWD committed to limiting human including caves inhabited by the listed activities to be conducted at each use to a trail system and 12 primitive karst invertebrates. The property will be occupied cave. The Plan also stipulates campsites on the portions of the protected in perpetuity and used in a that funding for the management actions property overlying the Edwards Aquifer. sustainable manner for scientific will be programmed in the At least two surveys a year for fire ant research, education, aesthetic Environmental Project Requirements mounds around cave openings will be database which is submitted annually. conducted with fire ant mound enjoyment, and appropriate public use, To provide assurances that the densities being recorded within 50 m of not detrimental to the primary purposes conservation strategies and measures cave entrances. Searches for fire ant for which the property was acquired. will be effective, Camp Bullis has agreed mounds also will be made during The Plan provides assurances that the to conduct periodic surveys of the cave routine maintenance inspections. conservation strategies and actions will environment, as well as the surface Control will be conducted twice a year, be implemented by outlining a schedule plant and animal community to with an increase in frequency if more of management and monitoring determine the status of these than 80 mounds are located within 50 activities to be conducted at each environments and the need for adaptive m of a cave entrance. Boiling water will occupied cave. Surveys for cave and management. If monitoring or other be used to control fire ants within 50 m karst features and cave fauna have been information indicates that the goals or of the footprint of any cave. Boiling ongoing at GCSNA since 1994. The Plan requirements of the Plan are not being water or chemical baits will be used also stipulates that funding for the met, then adjustments will be made as between 50 and 100 m from the management actions will be appropriate. Under the Plan, Camp footprint. Baits may be ‘‘broadcast’’ in programmed into GCSNA’s operating Bullis is required to submit a report of areas greater than 150 m, and the bait budget annually. To provide assurances all management and monitoring use protocol is outlined in the that the conservation strategies and activities conducted each year to the management plan. measures will be effective, TPWD has Service annually. Wildfire fighting will, to the fullest agreed to conduct periodic surveys of For the reasons described above, we extent practical, avoid direct or indirect the cave environment, as well as the have not included the Camp Bullis impacts to caves. Pesticide and surface plant and animal community to lands in proposed Units 10 and 11 in herbicide use will be prohibited unless determine the status of these this final designation of critical habitat expressly agreed to by all partners environments and the need for adaptive because these areas do not meet the involved in the special management. management. If monitoring or other definition of critical habitat as stated in Monthly monitoring and inspections of information indicates that the goals or section 3(5)(A)(i) of the Act. all endangered species caves will occur. requirements of the Plan are not being Data collection will include: evidence of met, then adjustments will be made as Government Canyon State Natural Area vandalism, evidence of vegetation appropriate. Under the Plan, TPWD is Conservation Plan damage due to off-trail use, condition of required to submit a report of all During the comment period for the the cave gate and/or security fence, management and monitoring activities proposed rule, Texas Parks and Wildlife evidence of feral hogs and/or white conducted each year at GCSNA to the Department (TPW) submitted the ‘‘Karst tailed deer, presence of fire ants, and Service annually. Therefore, we are not Management and Maintenance Plan for results of recent fire ant treatments. including these units in this final Government Canyon State Natural Area, Cave cricket counts will be performed designation of critical habitat because

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17185

these areas do not meet the definition of an areas that might be designated as Another benefit of excluding HCPs is critical habitat as stated in section critical habitat already will be protected that exclusion encourages the continued 3(5)(A)(i) of the Act. in reserves and other conservation lands development of partnerships with HCP by the terms of the HCP and its Exclusions Under Section 4(b)(2) participants, including States, local implementation agreements. The HCP governments, conservation As described above, based on our and implementation agreements include organizations, and private landowners, evaluation of the adequacy of special management measures and protections that together can implement management and protection that is for conservation lands that are crafted to conservation actions that we would be provided in current management plans protect, restore, and enhance their value unable to accomplish alone. By involving the karst invertebrates, and in as habitat for covered species. excluding areas covered by HCPs from accordance with section 3(5)(A)(i) of the In addition, a section 10(a)(1)(B) critical habitat designation, we preserve Act, we have not included the areas permit issued by us as a result of an these partnerships, and, we believe, set covered by the La Cantera HCP, or Units HCP application must itself undergo 1a, 1b, 1c, 1d, 10 and 11 as proposed, consultation. While this consultation the stage for more effective conservation in this final designation of critical may not look specifically at the issue of actions in the future. habitat. To the extent that special the likelihood of adverse modification Specifically, for the lands covered by management considerations and or destruction of critical habitat, it will the La Cantera HCP, in a letter dated protection may be required for these look at the very similar concept of April 18, 2002, Mr. Alan Glen, areas, and they therefore qualify as jeopardy to the listed species in the plan representing the La Cantera critical habitat according to section area. Since HCPs address land use Development Company, noted the 3(5)(A)(i), they are properly excluded within the plan boundaries, habitat following. ‘‘The significant mitigation from designation under section 4(b)(2) issues within the plan boundaries will measures and conservation benefits of the Act, based on the following have been thoroughly addressed in the provided by the La Cantera HCP would analysis. HCP and the consultation on the HCP. likely not have been realized through a Section 4(b)(2) of the Act requires us The development and implementation section 7 consultation. As a result, it is to designate critical habitat on the basis of HCPs provide other important highly unlikely that the inclusion of the of the best scientific information conservation benefits, including the areas covered by the HCP in a available and to consider the economic development of biological information designation of critical habitat would and other relevant impacts of to guide conservation efforts and assist provide any benefit for the listed designating a particular area as critical in species recovery and the creation of habitat. We may exclude areas from innovative solutions to conserve species species. In contrast, the benefits of critical habitat upon a determination while allowing for development. The excluding the La Cantera HCP from the that the benefits of such exclusions educational benefits of critical habitat, designation are expected to be outweigh the benefits of specifying such including informing the public of areas significant for many of the same reasons areas as critical habitat. We cannot that are important for the long-term identified in the Quino analysis set forth exclude such areas from critical habitat survival and conservation of the species, above. La Cantera and the Service when such exclusion will result in the are essentially the same as those that worked together for years to produce the extinction of the species concerned. We would occur from the public notice and first HCP covering any of the listed believe exclusion under section 4(b)(2) comment procedures required to Bexar County invertebrate species, and of the Act applies to the areas establish an HCP, as well as the public as the Service has acknowledged, the encompassed in the special participation that occurs in the result is a model that can be followed management and protection plans for development of many HCPs. For these throughout the region. The imposition the La Cantera HCP, GCSNA, and Camp reasons we believe that designation of of even a minor regulatory burden that Bullis. critical habitat has little or no benefit in will not yield substantial benefits for the areas covered by HCPs. La Cantera HCP species may hinder the orderly and The benefits of excluding HCPs from effective implementation of the La The principal benefit of any designation as critical habitat are Cantera HCP and, perhaps more designated critical habitat is that significant. Benefits of excluding HCPs importantly, discourage similar efforts Federal activities that may affect the include relieving landowners, to conserve the listed species by other habitat require consultation under communities, and counties of any parties in the future.’’ section 7(a)(2) of the Act. Consultation additional minor regulatory review that is designed to ensure that adequate might be imposed by critical habitat. We have weighed the small benefit, if protection is provided to avoid adverse Many HCPs take considerable time— any, of including the lands in the HCP modification or destruction of critical sometimes years—to develop and, upon against the benefits of exclusion, which habitat resulting from an action completion, become the basis for include the benefit of relieving both the authorized, funded, or carried out by a regional conservation plans that are property owners and the Service of the Federal agency. Where HCPs are in consistent with the conservation of extra time and funds associated with the place and lands are covered by a section covered species. Many of these plans additional layer of approvals and 10(a)(1)B) permit, our experience has benefit many species, both listed and regulation, including reinitiation of the shown that any benefit of designation of unlisted. Imposing an additional intra-Service section 7 consultation, such lands as critical habitat is small to regulatory review after HCP completion together with the encouragement of none when the areas concerned are may jeopardize conservation efforts and conservation partnerships. We have occupied by the species, because the partnerships in many areas and could be determined that the benefit of excluding occupied areas already are subject to viewed as a disincentive to those the land covered by the La Cantera HCP section 7 consultation based on the developing HCPs. Excluding HCPs from designation as critical habitat ‘‘jeopardy standard.’’ Permitted HCPs provides us with an opportunity to outweighs the benefits of including the are designed to ensure the long-term streamline regulatory compliance and areas, so we have excluded them from survival of listed species within the area confirms regulatory assurances for HCP designation on the basis of section covered by the permit. Under an HCP, participants. 4(b)(2) of the Act.

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17186 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

Government Canyon State Natural Area that issuing the permit did not that can require extensive lengths of and Camp Bullis jeopardize the listed species or time and thousands of hours to The benefits of designating as critical adversely modify critical habitat, were it complete. Both processes may require habitat the State-owned GCSNA lands designated, it is highly unlikely that the the employment of consultants. Thus, in proposed Units 1a, 1b, 1c, and 1d, designation of critical habitat on the by having special management and and the DOD-owned Camp Bullis lands Natural Area would add any measures protection plans in place that preclude in proposed Units 10 and 11, are small that would increase the minimization actions that might harm species and to none. As previously stated, the listed and mitigation of harm to the habitat. associated habitat, there is a great species and their habitat on both Camp Camp Bullis’ mission is to provide savings, in terms of both money and Bullis and the GCSNA already are being field training and support for military time, and a great benefit, to the Service, activities in south Texas. The mission managed and protected under Service- the State, and the DOD. requirements demand the presence of In the situations of GCSNA and Camp approved karst management plans. large tracts of undeveloped land for Bullis, the State and the DOD assumed These management plans provide long- training operations. The management the additional cost of putting in place term conservation benefits to the listed plan discussed above represents the and implementing special management species on these properties. The only cumulative efforts of Camp Bullis to for endangered species in their resource additional protection for the primary eliminate, mitigate, and prevent harm to management plans. The special constituent elements that could occur the federally and state-listed karst management far exceeds the protections on GCSNA would be the requirement species. Camp Bullis has an approved that would be afforded by designation of for Federal agencies to consult on any and signed Integrated Natural Resource critical habitat. If these areas were action they permit, fund, or carry out, Management Plan (INRMP). This included in the critical habitat that may affect designated critical INRMP provides yet another layer of designation, the cooperative partnership habitat, were it designated, on the State- protection for the natural resources on that motivated these two agencies to owned lands. However, all of the caves Camp Bullis. The INRMP includes assume the cost and work would be on the Natural Area that could have specific goals for managing the karst damaged. Since the added special been included in the designation are resources on Camp Bullis to ensure management and protection measures known to be inhabited by one or more protection and enhance understanding. for endangered karst invertebrates on species of the endangered karst This includes: (1) Management of water the part of the State is voluntary, the invertebrates. Therefore, the section resources on Camp Bullis, including designation could result in an adverse 7(a)(2) jeopardy standard for Federal wetlands, that protects the Edwards change to the cooperative partnership agency actions already is in place and Aquifer Recharge Zone; (2) supporting with the Service and changes to future Federal agencies are required to consult research to measure the relationship management and protection. The with the Service on any action that may between species diversity and the primary constituent elements and affect a listed species. Since take of the amount of water flowing into the species will greatly benefit from the species would almost certainly be a recharge zones; and (3) continuing to implementation of these plans. result of harm to the habitat, no added support work done by the U.S. We believe recovery of listed species section 7(a)(2) protections would be Geological Survey. Given these layers of is best accomplished through provided by designation of critical protection for the habitats associated partnerships and voluntary actions. If habitat in this situation. with the occupied caves, inclusion of areas that are subject to adequate Also, the primary purpose for GCSNA Camp Bullis lands in this designation of management plans are not excluded is for the protection and stewardship of critical habitat would have little or no from designations of critical habitat, outstanding natural attributes of benefit to the listed karst species. there will be a chilling effect on other statewide significance under Policy, The benefits of excluding areas within potential partners. There is a great TAC 59.61–59.64. Given this stated GCSNA and Camp Bullis from incentive to not having Federal purpose, it is highly unlikely that the designation are significant. If special regulations encumbering non-Federal State would allow any federally funded management and protection plans were land. It is likely that many potential or permitted project that would harm not implemented as called for the in the partners will not assume the cost and the habitats associated with the caves on GCSNA conservation plan, the State work associated with implementing the Natural Area. Therefore, it is highly would be required to complete section voluntary special management and unlikely that section 7(a)(2) consultation 10(a)(1)(B) habitat conservation protection if critical habitat is would ever be required. Also, GCSNA’s planning for any action that might result designated regardless of their efforts. As karst management plan stipulates that in incidental take of the listed species. a result, listed species and their habitat TPWD intends to coordinate with the In the case of Camp Bullis, section will not have the benefits of voluntary Service on any activities on GCSNA that 7(a)(2) consultation would be needed on special management. We believe that may impact listed species or their any action likely to result in the the benefits of excluding these areas habitat. Further, in the unlikely event destruction or adverse modification of already under special management as a that the State should ever propose an designated critical habitat. However, result of voluntary action by the action that lacks Federal agency since both areas are implementing landowners greatly outweighs the involvement and that might result in special management and protection benefits of including such areas as part incidental take of the listed karst plans that preclude take of listed species of critical habitat. We believe that invertebrates on the Natural Area, an and harm to the associated habitat, no excluding these areas is beneficial to incidental take permit would be HCPs or consultations are needed. these and other species. required under section 10(a)(1)(B) of the Completion of section 10(a)(1)(B) In the case of Camp Bullis, there also Act. Section 10(a)(1)(B) requires that the permits can require extensive lengths of are national security benefits from applicant minimize and mitigate, to the time, in some cases, years and exclusion of Units 10 and 11 from maximum extent practical, the impacts thousands of hours. Likewise, critical habitat designation which to listed species. While the Service completion of formal section 7(a)(2) exceed any benefits from including would have to complete an intra-Service biological opinions may require these areas. In a prior consultation section 7(a)(2) consultation to ensure completion of biological assessments under section 7 of the Act, the Service

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17187

found: ‘‘All available land at Camp invertebrates will still require habitat were excluded or modified Bullis is being used for training for the consultation under section 7 of the Act, because of economic impacts. This Army, Air Force, Marine Corps, Reserve based on the requirement that Federal analysis first identifies land use components, San Antonio police, FBI, agencies ensure that such activities are activities within or in the vicinity of U.S. Marshals and Academy Health not likely to jeopardize the continued those areas being proposed for critical Sciences.’’ Training includes search and existence of listed species. This habitat that are likely to be affected by rescue, escape and evasion, survival, requirement applies even without section 7 of the Act. To do this, the mechanized infantry maneuvers, urban critical habitat designation on these analysis evaluates a ‘‘without section 7’’ warfare tactics, reconnaissance in lands. Second, these three entities have scenario and compares it to a ‘‘with enemy territory, parachute operations committed to protecting and managing section 7’’ scenario. The ‘‘without and combat assault landing, air base these endangered species in accordance section 7’’ scenario constitutes the ground protection and low-level with their special management plans baseline of this analysis. It represents helicopter assault and maneuvering. An and natural resource management the level of protection currently average of over 36,000 Army and other objectives. In short, they have afforded the species under the Act, services’ medical personnel undergo committed to greater conservation absent section 7 protective measures, field medical training at Camp Bullis, measures on these areas than would be which includes other Federal, State, and and total military training use averages available through the designation of local laws. The ‘‘with section 7’’ over 720,000 person-days annually. critical habitat. With these natural scenario identifies land-use activities The space and facilities for this resource measures, we have concluded likely to involve a Federal nexus that training at Camp Bullis cannot readily that these exclusions from critical may affect the species or its designated be duplicated elsewhere. The benefits of habitat will not result in the extinction critical habitat, which accordingly have avoiding adverse impacts to the U.S. of these karst invertebrates. the potential to be subject to future Army’s mission if training were delayed We have determined that, with the consultations under section 7 of the Act. due to the need to reinitiate section 7 exceptions noted above, for the rest of Upon identifying section 7 impacts, consultation as a result of concerns for the areas included in the designation of the analysis proceeds to consider the irreversible or irretrievable commitment critical habitat in this final rule, the subset of impacts that can be attributed of resources with respect to the agency’s benefits of exclusion do not outweigh exclusively to the critical habitat action (section 7(d)) exceed the benefits the benefits of critical habitat designation. To do this, the analysis of designation of proposed Units 10 and designation. As part of this adopts a ‘‘with and without critical 11 as critical habitat. determination, we conducted an habitat approach.’’ This approach is Based on section 4(b)(2) and the economic analysis of the proposed rule used to determine those effects found in consideration of the information designating critical habitat for these the upper-bound estimate that may be described above, we find that the species. attributed solely to the proposed benefits of excluding the areas covered designation of critical habitat. Economic Analysis by the La Cantera HCP, proposed Units Specifically, the ‘‘with and without 1a, 1b, 1c, and 1d of the GCSNA lands, Section 4(b)(2) of the Act requires that critical habitat’’ approach considers and proposed Units 10 and 11 on Camp we designate critical habitat on the basis section 7 impacts that will likely be Bullis, greatly exceed the limited of the best scientific information associated with the implementation of benefits of including these areas in the available and that we consider the the jeopardy provision of section 7 and designation of critical habitat. Benefits economic and other relevant impacts of those that will likely be associated with of exclusion include implementation of designating a particular area as critical the implementation of the adverse special management and protection habitat. We may exclude any area from modification provision of section 7. In plans that provide protection and designation as critical habitat upon a many cases, impacts associated with the management far in excess of any determination that the benefits of such jeopardy standard remain unaffected by protection afforded by the Act through exclusion outweigh the benefits of the designation of critical habitat and designation of critical habitat, by specifying such an area as critical thus would not normally be considered encouraging the formation of habitat, unless we determine, on the an effect of a critical habitat rulemaking. partnerships that will be the key to basis of the best scientific and The subset of section 7 impacts likely to recovery of the species, by reducing the commercial data available, that the be affected solely by the designation of time and money that would have been failure to designate such area will result critical habitat represents the lower- needed to complete regulatory processes in the extinction of the species bound estimate of this analysis. under sections 7(a)(2) and 10(a)(1)(B) of concerned. Following the publication of This analysis estimates that, over 10 the Act, and by ensuring that the U.S. the proposed critical habitat years, 10 formal consultations and 22 Army’s role in protecting the Nation is designation, we completed a draft informal consultations will occur on not impaired. economic analysis to estimate the projects with the potential to affect the We may exclude areas from the potential economic effect of the proposed critical habitat area. As critical habitat designation unless the designation. The draft analysis was mentioned, most of the future section 7 Secretary determines, ‘‘based on the best made available to the public for review consultations associated with the area scientific and commercial data on November 21, 2002 (67 FR 70203) proposed as critical habitat are likely to available, that the failure to designate and we accepted comments on the address private landowner HCPs and such areas as critical habitat will result proposed rule and the draft economic participation in Partners for Fish and in extinction of the species concerned.’’ analysis of it until December 23, 2002. Wildlife. In addition, the Service Here, we have determined that the In making our final critical habitat expects to provide technical assistance exclusion of the La Cantera HCP, designation, we utilized the economic to parties on 431 occasions. GCSNA, and Camp Bullis lands will not analysis and our analysis of other The economic impact associated with result in the extinction of the species. relevant impacts, and considered all section 7 consultations for the First, activities authorized, funded, or comments and information submitted invertebrates is anticipated to be carried out by Federal agencies in these during the public hearing and comment approximately $33.4 million over the areas that may affect the listed karst period. No areas proposed as critical next 10 years, $23.4 million when

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17188 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

discounted to present value using a rate have a significant economic impact on and service businesses with less than $5 of 7 percent. Approximately 87 percent a substantial number of small entities. million in annual sales, general and of these total costs are expected to result SBREFA amended the Regulatory heavy construction businesses with less specifically from designation of critical Flexibility Act (RFA) to require Federal than $27.5 million in annual business, habitat while the remainder are agencies to provide a statement of the special trade contractors doing less than coextensive with the listing of these factual basis for certifying that a rule $11.5 million in annual business, and species. While a range of activities may will not have a significant economic agricultural businesses with annual be affected by designation of critical impact on a substantial number of small sales less than $750,000. To determine habitat for the species, approximately 85 entities. SBREFA also amended the RFA if potential impacts to these small percent of the total designation costs are to require a certification statement. We entities are significant, we consider the expected to stem from private are hereby certifying that this final types of activities that might trigger landowner Habitat Conservation Plans critical habitat designation for seven regulatory impacts under this rule as (HCPs) intended to mitigate impacts Bexar County invertebrates will not well as the types of project from development of private lands have a significant economic effect on a modifications that may result. In within critical habitat. HCP impacts substantial number of small entities. general, the term ‘‘significant economic result from administrative costs The following discussion explains our impact’’ is meant to apply to a typical associated with the section 7 rationale. small business firm’s business consultation process and related project The economic analysis determined operations. modifications. Remaining costs are whether this critical habitat designation To determine if the rule would affect expected to stem from review of potentially affects a ‘‘substantial a substantial number of small entities, management plans (e.g., within number’’ of small entities in counties we consider the number of small Government Canyon State Natural Area supporting critical habitat areas. It also entities affected within particular types and Camp Bullis), review of Clean quantifies the probable number of small of economic activities (e.g., housing Water Act permits, and participation in businesses likely to experience a development, grazing, oil and gas Partners for Fish and Wildlife projects ‘‘significant effect.’’ SBREFA does not production, timber harvesting, etc.). In explicitly define either ‘‘substantial on private lands. estimating the numbers of small entities number’’ or ‘‘significant economic potentially affected, we also consider A copy of the final economic analysis impact.’’ Consequently, to assess whether their activities have any and supporting documents are included whether a ‘‘substantial number’’ of Federal involvement; some kinds of in our administrative record and may be small entities is affected by this activities are unlikely to have any obtained by contacting the Austin designation, the economic analysis Federal involvement and so will not be Ecological Services Office (see considers the relative number of small affected by critical habitat designation. ADDRESSES section). entities likely to be impacted in the We apply the ‘‘substantial number’’ test area. Similarly, this analysis considers Required Determinations individually to each industry to the relative cost of compliance on the Regulatory Planning and Review revenues/profit margins of small entities determine if certification is appropriate. in determining whether or not entities The economic analysis identifies land In accordance with Executive Order incur a ‘‘significant economic impact.’’ use activities within our proposed 12866, the Office of Management and Only small entities that are expected to critical habitat designation for the seven Budget (OMB) has determined that this be directly affected by the designation invertebrate species that are expected to is a significant regulatory action because are considered in this portion of the be affected by section 7 of the Act. The it may raise novel legal or policy issues. analysis. This approach is consistent following land use activities were As required by the Executive Order, we with several judicial opinions related to identified as being potentially impacted provided a copy of the rule, which the scope of the RFA, including Mid-Tex by section 7 (i.e., requiring describes the need for this action and Electric Co-op., Inc. v. F.E.R.C., 773 F.2d consultations or associated project how the designation meets that need, 327 (D.C. Cir. 1985) and American modifications) under the ‘‘with section and the economic analysis, which Trucking Associations, Inc. v. U.S. 7’’ scenario: Private residential and assesses the costs and benefits of this E.P.A., 175 F.3d 1027 (D.C. Cir. 1999). commercial development; issuance of critical habitat designation, to OMB for The economic analysis examines the National Pollution Discharge review. total estimated section 7 costs, Elimination System permits by Texas Regulatory Flexibility Act (5 U.S.C. 601 including those impacts that may be Natural Resource Conservation et seq.) ‘‘attributable coextensively’’ with the Commission (TNRCC); development of listing of the species. This results in a Karst Management Plan for Camp Bullis; Under the Regulatory Flexibility Act conservative estimate (i.e., more likely roadway expansions by Texas DOT; (5 U.S.C. 601 et seq., as amended by the to overstate impacts than understate Campus expansion of UTSA; and Small Business Regulatory Enforcement them), because it utilizes the upper Partners for Fish and Wildlife Fairness Act (SBREFA) of 1996), bound impact estimate. conservation projects on private lands. whenever a Federal agency is required Small entities include small Of the projects that are potentially to publish a notice of rulemaking for organizations, such as independent affected by section 7 consultation for the any proposed or final rule, it must nonprofit organizations; small invertebrates, Camp Bullis occurs prepare and make available for public governmental jurisdictions, including exclusively on Federal lands and does comment a regulatory flexibility school boards and city and town not have third party/small entity analysis that describes the effects of the governments that serve fewer than involvement (i.e., only the Federal rule on small entities (i.e., small 50,000 residents; and small businesses action agency and the Service are businesses, small organizations, and (13 CFR 121.201). Small businesses expected to be involved). In addition, small government jurisdictions). No include manufacturing and mining under Small Business Administration regulatory flexibility analysis is concerns with fewer than 500 (SBA) guidelines, State governments are required, however, if the head of an employees, wholesale trade entities considered independent sovereigns, not agency certifies that the rule will not with fewer than 100 employees, retail small governments. As such, TNRCC,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17189

Texas DOT, and UTSA are not greatest share of the costs associated 2. This rule will not produce a considered ‘‘small entities.’’ with the consultation process stem from Federal mandate of $100 million or Of the projects potentially impacted project modifications (as opposed to the greater in any year (i.e., it is not a by section 7, some do not involve any consultation itself). Indeed, costs ‘‘significant regulatory action’’ under project modifications. Specifically, associated with the consultation itself the Unfunded Mandates Reform Act). Partners for Fish and Wildlife are relatively minor, with third-party Takings conservation projects on private lands costs estimated to range from $1,200 to are not expected to involve any project $6,900 per consultation. Therefore, In accordance with Executive Order modifications. The greatest share of the small entities are unlikely to be 12630 (‘‘Government Actions and costs associated with the section 7 significantly affected by consultations as Interference with Constitutionally consultation process stem from project these consultations do not involve Protected Private Property Rights,’’ modifications, as compared to the costly project modifications. March 18, 1988; 53 FR 8859), we have consultation itself. Indeed, costs Additionally, because the costs analyzed the potential takings associated with the consultation itself associated with designating critical implications of the designation of are relatively minor, with third-party habitat for the seven invertebrates are critical habitat for the seven karst costs estimated to range from $1,200 to likely to be significant for an total invertebrates. The takings implications $6,900 per consultation. Therefore, percentage of about one small business assessment concludes that this final rule Partners for Fish and Wildlife per year in the affected industries in the does not pose significant takings conservation projects are unlikely to be study area, this analysis concludes that implications. A copy of this assessment significantly affected by consultations a significant economic impact on a can be obtained by contacting the because these do not involve costly significant number of small entities will Austin Ecological Services Field Office project modifications. not result from the designation of (see ADDRESSES section). Several developers were identified as critical habitat for the nine On the basis of the above assessment, having activities with a Federal nexus invertebrates. This would be true even we find that this final rule designating and therefore are potentially affected by if all of the effects of section 7 critical habitat for the seven karst section 7 implementation for the nine consultation on these activities were invertebrates does not pose significant invertebrates for which we proposed attributed solely to the critical habitat takings implications. critical habitat designation. Six designation. Federalism landowners are expected to complete HCPs for single- or multi-family homes Executive Order 13211 In accordance with Executive Order or commercial development on their 13132, the rule does not have significant On May 18, 2001, the President issued lands. These developers would each Federalism effects. A Federalism Executive Order 13211 on regulations bear costs associated with the assessment is not required. As discussed that significantly affect energy supply, consultation and any related project above, the designation of critical habitat distribution, and use. Executive Order modification for the HCP. in areas currently occupied by the seven The SBA defines small development 13211 requires agencies to prepare endangered karst invertebrates would businesses as having less than $28.5 Statements of Energy Effects when have little incremental impact on State million in average annual receipts (also undertaking certain actions. Although and local governments and their referred to as sales or revenues). The this rule is a significant action under activities. The designations may have following steps were taken as part of the Executive Order 12866, it is not some benefit to these governments in economic analysis to estimate number expected to significantly affect energy that the areas essential to the of small businesses affected: Estimate supplies, distribution, or use since the conservation of these species are more the number of businesses within the majority of the lands being designated clearly defined, and the primary study area affected by section 7 as critical habitat occur on privately constituent elements of the habitat implementation annually (assumed to owned lands that are primarily necessary to the survival of the species be equal to the number of annual developed for agricultural and are identified. While this designation consultations); calculate the percent of residential uses, and not for energy does not alter where and what federally businesses in the affected industry that production or distribution. Therefore, sponsored activities may occur, it may are likely to be small; calculate the this action is not a significant energy assist these local governments in long- number of affected small businesses in action and no Statement of Energy range planning. the affected industry; calculate the Effects is required. Civil Justice Reform percent of small businesses likely to be Unfunded Mandates Reform Act (2 affected by critical habitat. Using these U.S.C. 1501 et seq.) In accordance with Executive Order steps, the economic assessment done for 12988 (February 7, 1996; 61 FR 4729), the Bexar County Invertebrate Species In accordance with the Unfunded the Office of the Solicitor has Critical Habitat designation indicates Mandates Reform Act (2 U.S.C. 1501 et determined that this rule would not that a total annual percentage of about seq.): unduly burden the judicial system and 1 percent of small businesses would 1. On the basis of information would meet the requirements of sections bear a significant cost in industry. contained in the economic analysis, we 3(a) and 3(b)(2) of the Order. We In summary, of the projects determine that this rule will not designate critical habitat in accordance potentially impacted by section 7 ‘‘significantly or uniquely’’ affect small with the provisions of the Act. The rule implementation, some are excluded governments. A Small Government uses standard coordinates that are from consideration because they are on Agency Plan is not required. Small geographic longitude and latitude, Federal or State lands, and some do not governments will be affected only to the decimal degree coordinate pairs, involve any project modifications. extent that any of their actions involving referenced to North American Specifically, Partners for Fish and Federal funding or authorization must Horizontal Datum 1983 (NAD 83), and Wildlife conservation projects on not destroy or adversely modify the identifies the primary constituent private lands are not expected to critical habitat or take the species under elements within the designated areas to involve any project modifications. The section 9 of the Act. assist the public in understanding the

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17190 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

habitat needs of the seven karst ‘‘Government-to-Government Relations PART 17—[AMENDED] invertebrates. with Native American Tribal Governments’’ (59 FR 22951), Executive ■ Paperwork Reduction Act of 1995 (44 1. The authority citation for part 17 Order 13175, and 512 DM 2, we readily U.S.C. 3501 et seq.) continues to read as follows: acknowledge our responsibility to Authority: 16 U.S.C. 1361–1407; 16 U.S.C. This rule does not contain any communicate meaningfully with information collection requirements for 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– recognized Federal Tribes on a 625, 100 Stat. 3500; unless otherwise noted. which OMB approval under the Government-to-Government basis. The Paperwork Reduction Act is required. designation of critical habitat for the ■ 2. Amend § 17.11(h), the List of Endan- Information collections associated with seven karst invertebrates does not gered and Threatened Wildlife, as set Endangered Species permits are covered contain any Tribal lands or lands that forth below: by an existing OMB approval, which is we have identified as impacting Tribal ■ a. By revising the entries for Beetle, assigned control number 1018–0094 and trust resources. which expires on July 31, 2004. An Helotes mold; Beetle [no common name] agency may not conduct or sponsor, and References Cited (Rhadine exilis); and Beetle [no common a person is not required to respond to name] (Rhadine infernalis) under a collection of information, unless it A complete list of all references cited ‘‘INSECTS’’ to read as follows; displays a valid OMB Control Number. in this final rule is available, upon request, from the U.S. Fish and Wildlife ■ b. By removing the entries for Harvest- National Environmental Policy Act Service, Austin Ecological Services man, Robber Baron Cave; Spider, We have determined that an Field Office (see ADDRESSES section). Government Canyon Cave; Spider, Madla’s Cave; Spider [no common name] Environmental Assessment or an Author Environmental Impact Statement as (Cicurina venii); Spider, Robber Baron defined by the National Environmental This rule was prepared by the U.S. Cave; and Spider, vesper cave; and Policy Act of 1969 need not be prepared Fish and Wildlife Service, Austin ■ c. By adding entries for Harvestman, in connection with regulations adopted Ecological Services Field Office (see Cokendolpher cave; Meshweaver, pursuant to section 4(a) of the ADDRESSES section). Braken Bat Cave; Meshweaver, Govern- Endangered Species Act as amended. A List of Subjects in 50 CFR Part 17 ment Canyon Bat Cave; Meshweaver, notice outlining our reason for this Madla Cave; Meshweaver, Robber Baron determination was published in the Endangered and threatened species, Cave; and Spider, Government Canyon Federal Register on October 25, 1983 Exports, Imports, Reporting and Bat Cave under ‘‘ARACHNIDS’’ to read (48 FR 49244). This proposed rule does recordkeeping requirements, as follows: not constitute a major Federal action Transportation. significantly affecting the quality of the § 17.11 Endangered and threatened human environment. Regulation Promulgation wildlife. Government-to-Government ■ Accordingly, part 17, subchapter B of * * * * * Relationship With Tribes chapter I, title 50 of the Code of Federal (h) * * * In accordance with the President’s Regulations, is amended as set forth memorandum of April 29, 1994, below:

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

******* INSECTS

******* Beetle, Helotes mold .... Batrisodes venyivi ...... U.S.A. (TX) ...... NA E 706 17.95(i) NA

******* Beetle, [no common Rhadine exilis ...... U.S.A. (TX) ...... NA E 706 17.95(i) NA name]. Beetle, [no common Rhadine infernalis ...... U.S.A. (TX) ...... NA E 706 17.95(i) NA name].

******* ARACHNIDS

******* Harvestman, Texella cokendolpheri .. U.S.A. (TX) ...... NA E 706 17.95(g) NA Cokendolpher cave. Meshweaver, Braken Circurina venii ...... U.S.A. (TX) ...... NA E 706 17.95(g) NA Bat Cave. Meshweaver, Govern- Circurina vespera ...... U.S.A. (TX) ...... NA E 706 NA NA ment Canyon Bat Cave. Meshweaver, Madla Cicurina madla ...... U.S.A. (TX) ...... NA E 706 17.95(g) NA Cave.

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17191

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

Meshweaver, Robber Cicurina baronia ...... U.S.A. (TX) ...... NA E 706 17.95(g) NA Baron Cave.

******* Spider, Government Neoleptoneta microps .. U.S.A. (TX) ...... NA E 706 NA NA Canyon Bat Cave.

*******

■ 3. Amend § 17.95 by adding, in the ■ e. In paragraph (i), critical habitat for (1) Critical habitat for the same alphabetical order as these species the Helotes mold beetle (Batrisodes Cokendolpher cave harvestman occurs occur in § 17.11(h): venyivi). in Unit 20 as described below and ■ a. In paragraph (g), critical habitat for ■ f. In paragraph (i), critical habitat for depicted on Map 1 (index map) and the Cokendolpher cave harvestman the beetle (no common name) (Rhadine Map 2 below. All coordinates are (Texella cokendolpheri); exilis); and geographic longitude and latitude, decimal degree coordinate pairs, ■ b. In paragraph (g), critical habitat for ■ g. In paragraph (i), critical habitat for referenced to North American the Braken Bat Cave meshweaver the beetle (no common name), (Rhadine Horizontal Datum 1983. Coordinates (Cicurina venii); infernalis). were derived from 2001 digital ■ c. In paragraph (g), critical habitat for § 17.95 Critical habitat-fish and wildlife. orthophotographs. the Madla Cave meshweaver (Cicurina * * * * * (2) Map 1—Index map of critical madla); habitat units for karst invertebrate ■ d. In paragraph (g), critical habitat for (g) Arachnids. species in Bexar County, Texas— the Robber Baron Cave meshweaver Cokendolpher cave harvestman follows: (Cicurina baronia); (Texella cokendolpheri) BILLING CODE 4310–55–P

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17192 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

BILLING CODE 4310–55–C fluctuations in temperature and (5) Unit 20 (23 ha (57 ac)) is an area (3) The primary constituent elements humidity). bounded by points with the following include: (4) Existing human-constructed, coordinates: –98.4582897, 29.5087489; above-ground, impervious structures do (i) The physical features of karst- –98.4575517, 29.5091199; –98.4561171, not contain the primary constituent forming rock containing subterranean 29.5091615; –98.4553228, 29.5088978; elements and are not considered to be spaces with stable temperatures, high –98.4552343, 29.5082394; –98.4563160, critical habitat. Such features and humidities (near saturation), and 29.5073726; –98.4571671, 29.5071204; structures include, but are not limited suitable substrates (for example, spaces –98.4586325, 29.5063688; –98.4606616, to, buildings and paved roads. However, 29.5044311; –98.4637341, 29.5006275; between and underneath rocks suitable subsurface areas under these structures –98.4649997, 29.4990919; –98.4656642, for foraging and sheltering); and are considered to be critical habitat (ii) The biological features of a since subterranean spaces containing 29.4986719; –98.4660631, 29.4991019; healthy surface community of native these species and/or transmitting –98.4658881, 29.4995898; –98.4646589, plants (for example, juniper-oak moisture and nutrients through the karst 29.5017013; –98.4639396, 29.5027162; woodland) and animals (for example, ecosystem extend, in some cases, –98.4616730, 29.5055952; –98.4595256, cave crickets) surrounding the karst underneath these existing human- 29.5073856; –98.4591719, 29.5077488; feature that provide nutrient input and constructed structures. Landscaped –98.4582897, 29.5087489. buffer the karst ecosystem from adverse areas associated with existing human- (6) Map 2—Unit 20 follows: effects (from, for example, nonnative constructed structures also are not BILLING CODE 4310–55–P species invasions, contaminants, and considered critical habitat.

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.000 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17193

Braken Bat Cave meshweaver (1) Critical habitat for the Braken Bat Texas, occurs in Unit 15 as described (Cicurina venii) Cave meshweaver in Bexar County, below and depicted on Map 3 below.

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.001 17194 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

Unit 15 also is depicted on Map 1 this paragraph (g), are identical for this 29.4347910; –98.7573878, 29.4337784; (index map) provided in the entry for species. –98.7580646, 29.4338220; –98.7586605, Cokendolpher cave harvestman in this (2) Unit 15 (34 ha (85 ac)) is an area 29.4340159; –98.7612682, 29.4363049; paragraph (g). The primary constituent bounded by points with the following –98.7623440, 29.4362183; –98.7633120, elements and statements regarding coordinates: –98.7631005, 29.4388531; 29.4363085; –98.7638206, 29.4366668; existing structures and associated –98.7600316, 29.4394009; –98.7598094, –98.7641806, 29.4371861; –98.7641397, landscaping, as described in the entry 29.4392533; –98.7587180, 29.4382984; 29.4377268; –98.7639175, 29.4385170; for Cokendolpher cave harvestman in –98.7558932, 29.4384257; –98.7556537, –98.7631005, 29.4388531. 29.4383265; –98.7547983, 29.4359982; –98.7550418, 29.4352415; –98.7555963, (3) Map 3—Unit 15 follows:

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17195

Madla Cave meshweaver (Cicurina (1) Critical habitat for the Madla Cave occurs in Units 2, 3, 5, 8b, and 17 as madla) meshweaver in Bexar County, Texas, described below and depicted on Maps

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.002 17196 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

4 through 7 below. These units also are habitat. These include Helotes Blowhole –98.7175298, 29.6206847; –98.7174011, depicted on Map 1 (index map) and Helotes Hilltop caves and the 29.6219810; –98.7170539, 29.6225993; provided in the entry for Cokendolpher surrounding approximately 10 ha (25 –98.7162170, 29.6229506; –98.7153881, cave harvestman in this paragraph (g). ac) (within Unit 3); Hills and Dales Pit 29.6229101; –98.7147133, 29.6225995; The primary constituent elements and and the surrounding approximately 28 –98.7143375, 29.6220053; –98.7142667, statements regarding existing structures ha (70 ac) (within Unit 8b); and Madla 29.6214953; –98.7144462, 29.6206782; and associated landscaping, as Cave and the surrounding 2 ha (5 ac) –98.7144750, 29.6170924; –98.7145361, described in the entry for Cokendolpher (within Unit 17). 29.6170162; –98.7165027, 29.6170258; (3) Unit 2 (37 ha (92 ac)) is an area cave harvestman in this paragraph (g), –98.7163850, 29.6174867; –98.7177246, are identical for this species. bounded by points with the following 29.6172351; –98.7177252, 29.6170317; (2) Four caves and their associated coordinates: –98.7233687, 29.6171088; karst management areas established –98.7232109, 29.6176729; –98.7226506, –98.7211420, 29.6170764; –98.7233687, under the La Cantera section 10(a)(1)(B) 29.6187073; –98.7223227, 29.6191855; 29.6171088. permit are within the boundaries of –98.7219946, 29.6195016; –98.7215653, (4) Map 4—Unit 2 follows: units but are not designated as critical 29.6198980; –98.7214108, 29.6206847;

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17197

(5) Unit 3 (17 ha (41 ac)) is an area coordinates: –98.6924522, 29.5880654; 29.5869448; –98.6879295, 29.5850798; bounded by points with the following –98.6884953, 29.5878232; –98.6883750, –98.6894469, 29.5850833; –98.6906186,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.003 17198 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

29.5841182; –98.6929315, 29.5855036; –98.6936461, 29.5865268; –98.6931713, (6) Map 5—Unit 3 follows: 29.5875652; –98.6924522, 29.5880654.

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4725 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.004 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17199

(7) Unit 5 (16 ha (40 ac)) is an area 29.6111931; –98.6891305, 29.6109546; (8) Map 6—Unit 5 (which also depicts bounded by points with the following –98.6896239, 29.6104067; –98.6903350, Unit 17) follows: coordinates: –98.6935478, 29.6136095; 29.6101696; –98.6935582, 29.6101663; –98.6890212, 29.6135990; –98.6890205, –98.6935478, 29.6136095.

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17200 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

(9) Unit 8b (28 ha (69 ac)) is an area coordinates: –98.6429582, 29.5992695; 29.6000556; –98.6378758, 29.5991778; bounded by points with the following –98.6395799, 29.6005152; –98.6381868, –98.6383595, 29.5973398; –98.6370868,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.005 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17201

29.5969511; –98.6383585, 29.5959854; –98.6417193, 29.5949384; –98.6417849, (10) Map 7—Unit 8b (which also –98.6384179, 29.5941526; –98.6395017, 29.5965421; –98.6429721, 29.5983417; depicts Unit 8a) follows: 29.5934820; –98.6411044, 29.5935108; –98.6429582, 29.5992695.

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17202 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

(11) Unit 17 (16 ha (40 ac)) is an area coordinates: –98.6986633, 29.6061189; 29.6060042; –98.6955470, 29.6059909; bounded by points with the following –98.6978901, 29.6064178; –98.6968967, –98.6944214, 29.6056088; –98.6944325,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.006 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17203

29.6018959; –98.6967798, 29.6018910; cave harvestman in this paragraph (g). 5 as described below and depicted on –98.6967762, 29.6031320; –98.6986774, The primary constituent elements and Map 1 (index map) and Maps 2 through 29.6031773; –98.6986633, 29.6061189. statements regarding existing structures 4 below. All coordinates are geographic (12) For a map of unit 17, refer to Map and associated landscaping, as longitude and latitude, decimal degree 6—Unit 5 in paragraph (8) of this entry. described in the entry for Cokendolpher coordinate pairs, referenced to North cave harvestman in this paragraph (g), American Horizontal Datum 1983. Robber Baron Cave meshweaver are identical for this species. (Cicurina baronia) Coordinates were derived from 2001 * * * * * digital orthophotographs. (1) Critical habitat for the Robber (i) Insects. (2) Map 1—Index map of critical Baron Cave meshweaver in Bexar * * * * * habitat units for karst invertebrate County, Texas, occurs in Unit 20 as Helotes mold beetle (Batrisodes species in Bexar County, Texas— provided in the critical habitat unit venyivi) description and depicted on Map 1 and (1) Critical habitat for the Helotes follows: Map 2 in the entry for Cokendolpher mold beetle occurs in Units 1e1, 3, and

(3) The primary constituent elements (ii) The biological features of a fluctuations in temperature and include: healthy surface community of native humidity). (i) The physical features of karst- plants (for example, juniper-oak (4) Existing human-constructed, above forming rock containing subterranean woodland) and animals (for example, ground, impervious structures do not spaces with stable temperatures, high cave crickets) surrounding the karst contain the primary constituent humidities (near saturation), and feature that provide nutrient input and elements and are not considered to be suitable substrates (for example, spaces buffer the karst ecosystem from adverse critical habitat. Such features and between and underneath rocks suitable effects (from, for example, nonnative structures include, but are not limited for foraging and sheltering); and species invasions, contaminants, and to, buildings and paved roads. However, subsurface areas under these structures

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.007 17204 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

are considered to be critical habitat (5) Two caves, Helotes Blowhole and –98.7276682, 29.5844887; –98.7282285, since subterranean spaces containing Helotes Hilltop caves, and their 29.5840393; –98.7289978, 29.5838347; these species and/or transmitting associated approximately 10 ha (25 ac) –98.7296876, 29.5839736; –98.7302983, moisture and nutrients through the karst karst management area established 29.5843184; –98.7305603, 29.5848409; ecosystem extend, in some cases, under the La Cantera section 10 permit, –98.7317069, 29.5879827; –98.7287776, underneath these existing human- are within the boundaries of Unit 3 but 29.5890153; –98.7285230, 29.5883695; constructed structures. Landscaped are not designated as critical habitat. –98.7273522, 29.5853221. areas associated with existing human- (6) Unit 1e1 (15 ha (38 ac)) is an area constructed structures are also not bounded by points with the following (7) Map 2—Unit 1e1 (which also considered critical habitat. coordinates: –98.7273522, 29.5853221; depicts Units 1e2 and 1e3) follows:

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17205

(8) Unit 3 (17 ha (41 ac)) is an area coordinates: –98.6924522, 29.5880654; 29.5869448; –98.6879295, 29.5850798; bounded by points with the following –98.6884953, 29.5878232; –98.6883750, –98.6894469, 29.5850833; –98.6906186,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.008 17206 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

29.5841182; –98.6929315, 29.5855036; (9) Map 3—Unit 3 (which also depicts –98.6936461, 29.5865268; –98.6931713, Units 4 and 18) follows: 29.5875652; –98.6924522, 29.5880654.

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17207

(10) Unit 5 (16 ha (40 ac)) is an area coordinates: –98.6935478, 29.6136095; 29.6111931; –98.6891305, 29.6109546; bounded by points with the following –98.6890212, 29.6135990; –98.6890205, –98.6896239, 29.6104067; –98.6903350,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.009 17208 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

29.6101696; –98.6935582, 29.6101663; (11) Map 4—Unit 5 (which also –98.6935478, 29.6136095. depicts Unit 17) follows:

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4725 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.010 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17209

BILLING CODE 4310–55–C (2) Four caves and their associated (4) A map of Unit 1e3 is provided in Beetle (no common name) (Rhadine karst management areas established Map 2 of the entry for Helotes mold exilis) under the La Cantera section 10(a)(1)(B) beetle in this paragraph (i). permit are within the boundaries of (1) Critical habitat for the beetle (5) Unit 2 (37 ha (92 ac)) is an area units but are not designated as critical Rhadine exilis in Bexar County, Texas, bounded by points with the following habitat. These include Helotes Blowhole occurs in Units 1e1, 3, and 5 as coordinates: –98.7233687, 29.6171088; and Helotes Hilltop caves and the provided in the critical habitat unit –98.7232109, 29.6176729; –98.7226506, surrounding approximately 10 ha (25 descriptions and depicted on Maps 1 29.6187073; –98.7223227, 29.6191855; ac) (within Unit 3); John Wagner Ranch through 4 in the entry for Helotes mold –98.7219946, 29.6195016; –98.7215653, Cave No. 3 and the surrounding beetle in this paragraph (i). Critical 29.6198980; –98.7214108, 29.6206847; habitat for this species also occurs in approximately 1.6 ha (4 ac) (within Unit 6); and Hills and Dales Pit and the –98.7175298, 29.6206847; –98.7174011, Units 1e3 and 4 as described below and 29.6219810; –98.7170539, 29.6225993; depicted on Maps 2 and 3 in the entry surrounding approximately 28 ha (70 ac) (within Unit 8b). –98.7162170, 29.6229506; –98.7153881, for Helotes mold beetle in this 29.6229101; –98.7147133, 29.6225995; paragraph (i). In addition, critical (3) Unit 1e3 (19 ha (46 ac)) is an area –98.7143375, 29.6220053; –98.7142667, habitat for this species occurs in Units bounded by points with the following 29.6214953; –98.7144462, 29.6206782; coordinates: –98.7330644, 29.5808303; 2, 6, 7, 8a, 8b, 9, 12, 13, and 21 as –98.7144750, 29.6170924; –98.7145361, –98.7317429, 29.5817323; –98.7300245, described below and depicted on Maps 29.6170162; –98.7165027, 29.6170258; 5 through 12 below. The primary 29.5817484; –98.7287834, 29.5808858; –98.7163850, 29.6174867; –98.7177246, constituent elements and statements –98.7278797, 29.5794152; –98.7277522, 29.6172351; –98.7177252, 29.6170317; regarding existing structures and 29.5779929; –98.7299554, 29.5788393; associated landscaping, as described in –98.7305067, 29.5770049; –98.7316838, –98.7211420, 29.6170764; –98.7233687, the entry for Helotes mold beetle in this 29.5770266; –98.7331986, 29.5789722; 29.6171088. paragraph (i), are identical for this –98.7332119, 29.5796238; –98.7330644, (6) Map 5—Unit 2 follows: species. 29.5808303. BILLING CODE 4310–55–P

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17210 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

(7) Unit 4 (16 ha (40 ac)) is an area coordinates: –98.6867019, 29.5907363; 29.5933020; –98.6821915, 29.5888925; bounded by points with the following –98.6858306, 29.5913949; –98.6821967, –98.6838368, 29.5884340; –98.6861597,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.011 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17211

29.5888524; –98.6867424, 29.5898281; (9) Unit 6 (16 ha (40 ac)) is an area 29.6077443; –98.6790700, 29.6080113; –98.6867019, 29.5907363. bounded by points with the following –98.6795845, 29.6087581; –98.6796498, (8) A map of Unit 4 is provided in coordinates: –98.6754738, 29.6114940; 29.6115041; –98.6754738, 29.6114940. Map 3 of the entry for Helotes mold –98.6754991, 29.6076989; –98.6783407, (10) Map 6—Unit 6 follows: beetle in this paragraph (i).

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17212 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

(11) Unit 7 (16 ha (40 ac)) is an area coordinates: –98.6713696, 29.6269338; 29.6299251; –98.6688040, 29.6303752; bounded by points with the following –98.6713466, 29.6298459; –98.6696115,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.012 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17213

–98.6666183, 29.6303712; –98.6666569, (12) Map 7—Unit 7 follows: 29.6269341; –98.6713696, 29.6269338.

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4725 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.013 17214 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

(13) Unit 8a (16 ha (40 ac)) is an area –98.6476087, 29.6028598; –98.6467402, 29.5969511; –98.6383585, 29.5959854; bounded by points with the following 29.6026321. –98.6384179, 29.5941526; –98.6395017, coordinates: –98.6467402, 29.6026321; (14) Unit 8b (28 ha (69 ac)) is an area 29.5934820; –98.6411044, 29.5935108; –98.6447253, 29.6024097; –98.6447648, bounded by points with the following –98.6417193, 29.5949384; –98.6417849, 29.5992959; –98.6494110, 29.5993090; coordinates: –98.6429582, 29.5992695; 29.5965421; –98.6429721, 29.5983417; –98.6494384, 29.6013452; –98.6489127, –98.6395799, 29.6005152; –98.6381868, –98.6429582, 29.5992695. 29.6023010; –98.6482203, 29.6027779; 29.6000556; –98.6378758, 29.5991778; –98.6383595, 29.5973398; –98.6370868, (15) Map 8—Units 8a and 8b follows:

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17215

(16) Unit 9 (16 ha (40 ac)) is an area coordinates: –98.6166421, 29.5881679; 29.5865751; –98.6141408, 29.5862370; bounded by points with the following –98.6097995, 29.5889549; –98.6094772,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.014 17216 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

–98.6158210, 29.5862418; –98.6165749, (17) Map 9—Unit 9 follows: 29.5871541; –98.6166421, 29.5881679.

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4725 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.015 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17217

(18) Unit 12 (21 ha (51 ac)) is an area 29.6369053; –98.4599272, 29.6355399; 29.6356360; –98.4627791, 29.6368420; bounded by points with the following –98.4604201, 29.6346170; –98.4608048, –98.4635574, 29.6374176; –98.4637899, coordinates: –98.4631439, 29.6393535; 29.6344781; –98.4611518, 29.6336481; 29.6381796; –98.4637898, 29.6382043; –98.4620337, 29.6395912; –98.4610270, –98.4621637, 29.6330425; –98.4636173, –98.4631439, 29.6393535. 29.6393230; –98.4604275, 29.6383078; 29.6333332; –98.4641049, 29.6342973; (19) Map 10—Unit 12 follows: –98.4601340, 29.6376003; –98.4602053, –98.4640055, 29.6350951; –98.4634444,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17218 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

(20) Unit 13 (16 ha (40 ac)) is an area coordinates: –98.4218888, 29.6404393; 29.6372953; –98.4239377, 29.6367357; bounded by points with the following –98.4212080, 29.6405040; –98.4208242, –98.4241724, 29.6382709; –98.4250182,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.016 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17219

29.6383670; –98.4255670, 29.6386096; –98.4250314, 29.6403527; –98.4246243, (21) Map 11—Unit 13 follows: –98.4260182, 29.6390832; –98.4257350, 29.6411168; –98.4229768, 29.6409069; 29.6392361; –98.4260492, 29.6397945; –98.4218888, 29.6404393.

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17220 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

(22) Unit 21 (27 ha (68 ac)) is an area coordinates: –98.4716469, 29.6499842; 29.6517491; –98.4715209, 29.6547384; bounded by points with the following –98.4730641, 29.6507507; –98.4730857, –98.4726672, 29.6552447; –98.4728036,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.017 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17221

29.6567962; –98.4712860, 29.6577112; –98.4685518, 29.6532365; –98.4678845, –98.4683879, 29.6507722; –98.4716469, –98.4695532, 29.6569100; –98.4696535, 29.6527093; –98.4677417, 29.6516106; 29.6499842. 29.6556282; –98.4692815, 29.6535131; (23) Map 12—Unit 21 follows:

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17222 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

BILLING CODE 4310–55–C Beetle (no common name) (Rhadine (1) Critical habitat for the beetle infernalis) Rhadine infernalis in Bexar County,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.018 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17223

Texas, occurs in Units 1e1, 3 and 5 as existing structures and associated –98.7201061, 29.5861352; –98.7189558, provided in the critical habitat unit landscaping, as described in the entry 29.5844029; –98.7194474, 29.5832652; descriptions and depicted on Maps 1 for Helotes mold beetle in this –98.7230107, 29.5818492; –98.7245095, through 4 in the entry for Helotes mold paragraph (i), are identical for this 29.5824623; –98.7247550, 29.5841155; beetle in this paragraph (i). This species species. –98.7238284, 29.5847161. also occurs in the following units: Unit (2) Five caves and their associated (4) A map of unit 1e2 is provided in 1e2 as described below and depicted on karst management areas established Map 2 of the entry for Helotes mold Map 2 in the entry for Helotes mold under the La Cantera section 10(a)(1)(B) beetle in this paragraph (i). beetle in this paragraph (i); Units 2, 6, permit are within the boundaries of 8a, and 8b as described in the text and units but are not designated as critical (5) Unit 14 (26 ha (64 ac)) is an area depicted on Maps 5, 6, and 8 in the habitat designation. These include bounded by points with the following entry for beetle (Rhadine exilis) in this Helotes Blowhole and Helotes Hilltop coordinates: –98.7863612, 29.4495294; paragraph (i); Unit 4 as provided in the caves and the surrounding –98.7869725, 29.4489471; –98.7875551, critical habitat descriptions for beetle approximately 10 ha (25 ac) (within 29.4486522; –98.7883435, 29.4486781; (Rhadine exilis) and depicted on Map 3 Unit 3); John Wagner Ranch Cave No. 3 –98.7889905, 29.4489913; –98.7918932, in the entry for Helotes mold beetle in and the surrounding approximately 1.6 29.4524710; –98.7918632, 29.4533747; this paragraph (i); Units 17 and 18 ha (4 ac) (within Unit 6); and Hills and –98.7904052, 29.4548676; –98.7899060, described below and depicted on Maps Dales Pit and the surrounding 29.4556966; –98.7887880, 29.4561713; 3 and 4 found in the entry for Helotes approximately 28 ha (70 ac) (within –98.7872743, 29.4556964; –98.7870331, mold beetle in this paragraph (i); and Unit 8b); and Madla Cave and the 29.4543351; –98.7888385, 29.4523567; Units 14, 15, 16, and 19 as described surrounding 2 ha (5 ac) (within Unit 17). –98.7868531, 29.4511085; –98.7863591, below and depicted on Maps 13 through (3) Unit 1e2 (16 ha (40 ac)) is an area 29.4505317; –98.7863612, 29.4495294. 16 below. The primary constituent bounded by points with the following (6) Map 13—Unit 14 follows: elements and statements regarding coordinates: –98.7238284, 29.5847161; BILLING CODE 4310–55–P

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17224 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

(7) Unit 15 (34 ha (85 ac)) is an area coordinates: –98.7631005, 29.4388531; 29.4392533; –98.7587180, 29.4382984; bounded by points with the following –98.7600316, 29.4394009; –98.7598094, –98.7558932, 29.4384257; –98.7556537,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.019 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17225

29.4383265; –98.7547983, 29.4359982; 29.4340159; –98.7612682, 29.4363049; 29.4377268; –98.7639175, 29.4385170; –98.7550418, 29.4352415; –98.7555963, –98.7623440, 29.4362183; –98.7633120, –98.7631005, 29.4388531. 29.4347910; –98.7573878, 29.4337784; 29.4363085; –98.7638206, 29.4366668; (8) Map 14—Unit 15 follows: –98.7580646, 29.4338220; –98.7586605, –98.7641806, 29.4371861; –98.7641397,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17226 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

(9) Unit 16 (16 ha (40 ac)) is an area coordinates: –98.7154218, 29.4533018; 29.4573751; –98.7119610, 29.4558232; bounded by points with the following –98.7153995, 29.4573801; –98.7119857, –98.7111540, 29.4557860; –98.7106973,

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.020 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17227

29.4556731; –98.7105899, 29.4554235; –98.7119873, 29.4548136; –98.7119764, –98.7105693, 29.4552002; –98.7107385, 29.4532848; –98.7154218, 29.4533018. 29.4550044; –98.7110558, 29.4549040; (10) Map 15—Unit 16 follows:

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17228 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

BILLING CODE 4310–55–C (11) Unit 17 (16 ha (40 ac)) is an area coordinates: —98.6986633, 29.6061189; bounded by points with the following —98.6978901, 29.6064178;

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.021 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17229

—98.6968967, 29.6060042; —98.6838609, 29.5817508; —98.4956056, 29.6133414; —98.6955470, 29.6059909; —98.6870156, 29.5791593; —98.4963069, 29.6130155; —98.6944214, 29.6056088; —98.6889591, 29.5810380; —98.4967699, 29.6130881; —98.6944325, 29.6018959; —98.6883743, 29.5818521; —98.4966492, 29.6123219; —98.6967798, 29.6018910; —98.6879353, 29.5840278. —98.4973783, 29.6125657; —98.6967762, 29.6031320; (14) A map of Unit 18 is provided in —98.4978516, 29.6131158; —98.6986774, 29.6031773; Map 3 in the entry for Helotes mold —98.4974600, 29.6135445; —98.6986633, 29.6061189. beetle in this paragraph (i). —98.4971077, 29.6136897; (15) Unit 19 (5 ha (12 ac)) is an area (12) A map of Unit 17 is provided in —98.4970745, 29.6140495; bounded by points with the following Map 4 in the entry for Helotes mold —98.4968571, 29.6142911; beetle in this paragraph (i). coordinates: —98.4945129, 29.6147150; —98.4962556, 29.6145285; (13) Unit 18 (16 ha (40 ac)) is an area —98.4940750, 29.6145674; bounded by points with the following —98.4938755, 29.6141954; —98.4954870, 29.6146791; coordinates: —98.6879353, 29.5840278; —98.4939880, 29.6138063; —98.4945129, 29.6147150. —98.6871403, 29.5838597; —98.4942787, 29.6135970; (16) Map 16—Unit 19 follows: —98.6859450, 29.5845069; —98.4952809, 29.6135500; BILLING CODE 4310–55–P

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00075 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 17230 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 ER08AP03.022 Federal Register / Vol. 68, No. 67 / Tuesday, April 8, 2003 / Rules and Regulations 17231

BILLING CODE 4310–55–C Dated: March 26, 2003. * * * * * Craig Manson, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 03–7735 Filed 4–7–03; 8:45 am] BILLING CODE 4310–55–P

VerDate Jan<31>2003 18:50 Apr 07, 2003 Jkt 200001 PO 00000 Frm 00077 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2