Tuesday, August 27, 2002

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 Nine Bexar County, Texas, Invertebrate Species; Proposed Rule

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DEPARTMENT OF THE INTERIOR You may also hand-deliver written movement, and loss of eyes, possibly as comments to our U.S. Fish and Wildlife an energy-saving trade-off (Howarth Fish and Wildlife Service Service’s Austin Ecological Services 1983). They may be able to survive from Field Office at the address given above. months to years existing on little or no 50 CFR Part 17 You may view comments and food (Howarth 1983). Adult materials received, as well as supporting have survived in captivity RIN 1018–AI47 documentation used in the preparation without food for about 4 months (James Endangered and Threatened Wildlife of this proposed rule, by appointment, Cokendolpher, pers. comm., 2002). and Plants; Designation of Critical during normal business hours in the While the life span of listed Texas Habitat for Nine Bexar County, Texas, U.S. Fish and Wildlife Service’s Austin troglobitic invertebrates is unknown, Invertebrate Species Ecological Services Field Office at the they are believed to live more than a above address. year based, in part, on the amount of AGENCY: Fish and Wildlife Service, FOR FURTHER INFORMATION CONTACT: Bill time some juveniles have been kept in Interior. Seawell, Acting Field Supervisor, U.S. captivity without maturing (Veni and ACTION: Proposed rule. Fish and Wildlife Service, Austin Associates 1999; James Reddell, Texas Ecological Services Field Office, at the Memorial Museum, pers. comm., 2000). SUMMARY: We, the U.S. Fish and above address (telephone: 512/490– James Cokendolpher (pers. comm., Wildlife Service (Service), propose 0057; facsimile: 512/490–0974). 2002) maintained a juvenile troglobitic designation of critical habitat for nine Cicurina from May 1999 through SUPPLEMENTARY INFORMATION: endangered karst-dwelling invertebrate April 2002. Reproductive rates of species pursuant to the Endangered Background troglobites are typically low (Poulson and White 1969; Howarth 1983). Based Species Act of 1973, as amended (Act). The following nine Bexar County, on surveys conducted by Culver (1986), The proposed critical habitat consists of Texas, invertebrate species were listed Elliott (1994a), and Hopper (2000), 25 units (a total of approximately 9,516 as endangered on December 26, 2000 population sizes of troglobitic acres) in Bexar County, Texas, each (65 FR 81419): Rhadine exilis (ground encompassing one or more caves or invertebrates are typically low, with beetle, no common name); Rhadine most species known from only a few other karst features known to contain infernalis (ground beetle, no common one or more of the listed species. specimens (Culver et al. 2000). name); Batrisodes venyivi (Helotes mold The primary habitat requirements of ‘‘Karst’’ is a type of terrain that is beetle); cokendolpheri formed by the slow dissolution of these species include: (1) Subterranean (Cokendolpher cave harvestman); spaces in karst with stable temperatures, calcium carbonate from limestone (Robber Baron Cave bedrock by mildly acidic groundwater. high humidities (near saturation) and meshweaver); Cicurina madla (Madla suitable substrates (for example, spaces This process creates numerous cave Cave meshweaver); Cicurina venii openings, cracks, fissures, fractures, and between and underneath rocks suitable (Braken Bat Cave meshweaver); Cicurina for foraging and sheltering), and (2) a sinkholes and the bedrock resembles a vespera (Government Canyon Bat Cave honeycomb (USFWS 1994). Critical healthy surface community of native meshweaver); and Neoleptoneta plants and that provide nutrient habitat identifies areas that are essential microps (Government Canyon Bat Cave to the conservation of a listed species input and, in the case of native plants, spider). All of these species are karst act to buffer the karst ecosystem from and that may require special dwelling species of local distribution in management considerations or adverse effects (for example, non-native north and northwest Bexar County. species invasions, contaminants, and protection. They spend their entire lives If this proposal is made final, section fluctuations in temperature and underground. humidity). 7 of the Act requires Federal agencies to During the course of climatic changes ensure that actions they fund, authorize, Since sunlight is absent or only two million to ten thousand years ago, present in extremely low levels in caves, or carry out do not destroy or adversely certain creatures retreated into the more most karst ecosystems depend on modify critical habitat to the extent that stable cave environments, while their nutrients derived from the surface either the action appreciably diminishes the respective surface relatives either directly (organic material brought in by value of the critical habitat for the emigrated or became extinct (Barr 1968; animals, washed in, or deposited conservation of the species. Section 4 of Mitchell and Reddell 1971; Elliott and through root masses) or indirectly the Act requires us to consider Reddell 1989). Cave species (troglobites) through feces, eggs and carcasses of economic and other impacts of survived and colonized the caves and trogloxenes (species that regularly specifying any particular area as critical other subterranean voids. Through inhabit caves for refuge, but return to habitat. We solicit data and comments faulting and canyon downcutting, the the surface to feed) and troglophiles from the public on all aspects of this karst terrain along the Balcones Fault (species that may complete their life proposal, including data on economic Zone became increasingly dissected, cycle in the cave, but may also be found and other impacts of the designation. creating ‘‘islands’’ of karst and barriers on the surface) (Barr 1968; Poulson and DATES: We will accept comments until to dispersal. These ‘‘islands’’ isolated White 1969; Howarth 1983; Culver the close of business on November 25, troglobitic populations from each other, 1986). Primary sources of nutrients 2002. Public hearing requests must be probably resulting in speciation. include leaf litter, cave crickets, small received by October 11, 2002. Individuals of the listed species are mammals and other vertebrates that ADDRESSES: If you wish to comment, small, ranging in length from 1 defecate or die in the cave. you may submit your comments and millimeter (0.039 inch (in)) to 1 The continuing expansion of the San materials concerning this proposal by centimeter (0.39 in). They are eyeless or Antonio metropolitan area in karst the date given above to the Acting Field essentially eyeless and most lack terrain constitutes the primary threat to Supervisor, Austin Ecological Services pigment. Adaptations to cave life may the species through destruction and/or Field Office, U.S. Fish and Wildlife include adaptations to the low deterioration of habitat by construction; Service, 10711 Burnet Road, Suite 200, quantities of food in caves, including filling of caves and karst features and Austin, Texas 78758. low metabolism, long legs for efficient loss of permeable cover; contamination

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from septic effluent, sewer leaks, run- upper Glen Rose Formation, Edwards Zone 4: Areas that require further off, pesticides, and other sources; exotic Limestone, Austin Chalk, and Pecan research but are generally equivalent to species (especially nonnative fire ants); Gap Chalk (Veni 1988). The Edwards zone 3, although they may include and vandalism. Limestone accounts for one-third of the sections that could be classified as zone cavernous rock in Bexar County, and Subsurface Environment 2 or zone 5; and contains 60% of the caves, making it the Zone 5: Areas that do not contain the These karst invertebrates require most cavernous unit in the County. The invertebrates. stable temperatures and constant, high Austin Chalk outcrop is second to the humidity (Barr 1968; Mitchell 1971a) Edwards in total number of caves. In Endangered Karst Invertebrate because they have lost the adaptations Bexar County, the outcrop of the upper Distribution needed to prevent desiccation in drier member of the Glen Rose Formation habitat (Howarth 1983) and/or the accounts for approximately one-third of By 2000, about 400 caves were known ability to detect or cope with more the cavernous rock, but only 12.5% of from Bexar County (SWCA 2000). Of extreme temperatures (Mitchell 1971). Bexar County caves (Veni 1988). In these 400 caves, 57 were known to Temperatures in caves are typically the Bexar County, the Pecan Gap Chalk, contain one or more of the nine average annual surface temperature with while generally not cavernous, has a endangered invertebrates at the time the little variation (Howarth 1983; Dunlap greater than expected density of caves species were listed. Currently, we are 1995). Relative humidity is typically and passages (Veni 1988). aware of 69 caves in Bexar County that near 100% in caves that support Veni (1994) delineated six karst areas contain one or more of the listed species troglobitic invertebrates (Elliott and (hereafter referred to as karst fauna (Table 1). Reddell 1989). regions) within Bexar County: Stone During temperature extremes, the Oak, UTSA (University of Texas at San Rhadine exilis (Ground beetle—No listed species may retreat into small Antonio), Helotes, Government Canyon, Common Name) interstitial spaces (human-inaccessible) Culebra Anticline, and Alamo Heights. connected to the cave, where the These karst fauna regions are bounded The ground beetle Rhadine exilis physical environment provides the by geological or geographical features (Coleoptera: Carabidae) was first required humidity and temperature that may represent obstructions to the collected in 1959. The species was levels (Howarth 1983). These species movement (on a geologic time scale) of described by Barr and Lawrence (1960) may spend the majority of their time in troglobites which has resulted in the as Agonum exile and later assigned to such retreats, only leaving them to present-day distribution of endemic the genus Rhadine Barr (1974). The forage in the larger cave passages (restricted to a given region) karst species is currently known from 44 (Howarth 1987). invertebrates in the Bexar County area. caves: 3 in the Government Canyon The northern portion of Bexar County These areas have been delineated by karst fauna region; 5 in the Helotes karst is located on the Edwards Plateau, a Veni (1994) into five zones that reflect fauna region; 9 in the UTSA karst fauna broad, flat expanse of Cretaceous the likelihood of finding a karst feature region; and 27 in the Stone Oak karst carbonate rock that ranges in elevation that will provide habitat for the fauna region (Table 1). from 335.5 meters (m) (1,100 feet (ft)) to endangered invertebrates based on 579.5 m (1,900 ft) (Veni 1988; Soil geology, distribution of known caves, Rhadine infernalis (Ground Beetle—No Conservation Service 1962). This distribution of cave fauna, and primary Common Name) portion of the Plateau is dissected by factors that determine the presence, Rhadine infernalis (Coleoptera: numerous small streams and is drained size, shape, and extent of caves with by Cibolo Creek and Balcones Creek. To respect to cave development. These five Carabidae) was first collected in 1959. the southeast of the Plateau lies the zones are defined as: The species was initially described by Balcones Fault Zone, a 25-km-wide fault Zone 1: Areas known to contain one Barr and Lawrence (1960) as Agonum zone that extends from the northeast or more of the nine endangered karst infernale, but later assigned to the genus corner of the County to the western invertebrates; Rhadine (Barr 1974). Scientists have County line. The many streams and Zone 2: Areas having a high recognized three subspecies (Rhadine karst features of this zone recharge the probability of suitable habitat for the infernalis ewersi, Rhadine infernalis Edwards Aquifer. invertebrates; infernalis, Rhadine infernalis ssp.) (Barr The principal cave-containing rock Zone 3: Areas that probably do not 1974; Barr and Lawrence 1960; Reddell units of the Edwards Plateau are the contain the invertebrates; 1998).

TABLE 1.—CAVES KNOWN TO CONTAIN ONE OR MORE OF THE NINE LISTED BEXAR COUNTY, TEXAS KARST INVERTEBRATES

Species (# of caves) Cave name Karst fauna region

Rhadine exilis (44) ...... 40 mm Cave ...... Stone Oak. B–52 Cave. Backhole. Black Cat Cave. Boneyard Pit. Bunny Hole. Cross the Creek Cave. Dos Viboras Cave. Eagle’s Nest Cave. Hairy Tooth Cave. Headquarters Cave. Hilger Hole. Hold-Me-Back Cave. Hornet’s Last Laugh Pit.

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TABLE 1.—CAVES KNOWN TO CONTAIN ONE OR MORE OF THE NINE LISTED BEXAR COUNTY, TEXAS KARST INVERTEBRATES—Continued

Species (# of caves) Cave name Karst fauna region

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. Helotes Blowhole. Helotes Hilltop Cave. Logan’s Cave. Unnamed cave 1⁄2 mile N. of Helotes. Government Canyon Bat Cave ...... Government Canyon. San Antonio Ranch Pit. Tight Cave. Hills and Dales Pit ...... UTSA. 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. R. infernalis (6) (subspecies not indicated) Canyon Ranch Pit ...... Government Canyon. Fat Man’s Nightmare Cave. Scenic Overlook Cave. Pig Cave. San Antonio Ranch Pit. Obvious Little Cave ...... Culebra Anticline. R. infernalis ewersi (3) ...... Flying Buzzworm Cave ...... Stone Oak. Headquarters Cave. Low Priority Cave. R. infernalis new subspecies (6) ...... Caracol Creek Coon Cave ...... Culebra Anticline. Game Pasture Cave No. 1. Isopit. King Toad Cave. Stevens Ranch Trash Hole Cave. Wurzbach Bat Cave. R. infernalis infernalis (16) ...... Bone Pile Cave ...... Government Canyon. Government Canyon Bat Cave. Lithic Ridge Cave. Surprise Sink. Christmas Cave ...... Helotes. Helotes Blowhole. Logan’s Cave. Madla’s Cave. Madla’s Drop Cave. Genesis Cave ...... Stone Oak. John Wagner Ranch Cave No. 3 ...... UTSA. Kamikazi Cricket Cave. Mattke Cave. Robber’s Cave. Scorpion Cave. Three Fingers Cave. Batrisodes venyivi (6) ...... Scenic Overlook Cave ...... Government Canyon. San Antonio Ranch Pit. Christmas Cave ...... Helotes. Unnamed cave 1⁄2 mile N of Helotes. Helotes Hilltop Cave. Unnamed cave 5 miles NE of Helotes ...... UTSA. Texella cokendolpheri (1) ...... Robber Baron Cave ...... Alamo Heights. C. baronia (1) ...... Robber Baron Cave ...... Alamo Heights. Cicurina madla (8) ...... Christmas Cave ...... Helotes. Madla’s Cave.

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TABLE 1.—CAVES KNOWN TO CONTAIN ONE OR MORE OF THE NINE LISTED BEXAR COUNTY, TEXAS KARST INVERTEBRATES—Continued

Species (# of caves) Cave name Karst fauna region

Madla’s Drop Cave. Helotes Blowhole. Headquarters Cave ...... Stone Oak. Hills and Dales Pit ...... UTSA. Robber’s Cave. Lost Pothole ...... Government Canyon. C. venii (1) ...... Braken Bat Cave ...... Culebra Anticline. C. vespera (2) ...... Government Canyon Bat Cave ...... Government Canyon. Unnamed cave 5 miles NE of Helotes ...... UTSA. Neoleptoneta microps (2) ...... Government Canyon Bat Cave ...... Government Canyon. Surprise Sink.

Rhadine infernalis ewersi is known on Common Names of of the region; and four in the Helotes karst from three caves in the Stone Oak karst American Arachnological Society in fauna region (Table 1). fauna region. Rhadine infernalis 2000. Accordingly, the common names The Service is aware of eleven infernalis is known from 16 caves: one of the species currently in the list of additional caves from which immature, in the Stone Oak karst fauna region, four Endangered and Threatened Wildlife eyeless troglobitic Cicurina spiders have in the Government Canyon karst fauna (50 CFR 17.11) as: Robber Baron Cave been collected (SWCA 2001). Eight of region, five in the Helotes karst fauna harvestman, Robber Baron cave spider, these are in caves that have other listed region, and six in the UTSA karst fauna Madla’s cave spider, vesper cave spider, species and are either included in region. The unnamed subspecies is Government Canyon cave spider, and proposed critical habitat areas or areas known from six caves in the Culebra one with no common name (Cicurina proposed for exclusion due to the Anticline karst fauna region. We are also venii), have been changed to: provision of special management. The aware of six additional caves that Cokendolpher cave harvestman, Robber remaining three are in caves where contain Rhadine infernalis (not Baron Cave meshweaver, Madla Cave authorization for take of C. madla was identified to subspecies): one in the meshweaver, Government Canyon Bat granted to La Cantera under a section Culebra Anticline karst fauna region and Cave meshweaver, Government Canyon 10(a)(1)(B) permit. five in the Government Canyon karst Bat Cave spider, and Braken Bat Cave Braken Bat Cave Meshweaver fauna region. meshweaver, respectively. The Braken Bat Cave meshweaver, Helotes Mold Beetle Cokendolpher Cave Harvestman Cicurina venii (Araneae: ), was first collected on November 22, The Helotes mold beetle, Batrisodes The Cokendolpher cave harvestman, 1980, by G. Veni and described by venyivi (Coleoptera: Pselaphidae), was Texella cokendolpheri (Opilionida: Gertsch (1992). Braken Bat Cave in the first collected in 1984 and described by ), was collected in 1982 Culebra Anticline karst fauna region Chandler (1992). The species is and described by Ubick and Briggs remains the only location known to currently known from six caves: three in (1992). Currently, this species, along contain this species (Table 1). the Helotes karst fauna region, two in with the Robber Baron Cave the Government Canyon karst fauna meshweaver, is only known from Government Canyon Bat Cave region, and one in the UTSA karst fauna Robber Baron Cave (Table 1). Meshweaver region (Table 1). The location of one of Robber Baron Cave Meshweaver The Government Canyon Bat Cave the caves located in the Helotes karst meshweaver, Cicurina vespera fauna region referred to as ‘‘unnamed The Robber Baron Cave meshweaver, (Araneae: Dictynidae), was first cave 1⁄2 mile north of Helotes’’ is Cicurina baronia (Araneae: Dictynidae), collected on August 11, 1965, by J. unknown. It is an original record from was first collected in Robber Baron Cave Reddell and J. Fish (Reddell 1993), and Barr’s (1974) description of Rhadine in the Alamo Heights karst fauna region described by Gertsch (1992). The exilis. Due to the number of caves in the February 28, 1969, by R. Bartholomew species is currently known from general area, the location of this cave (Reddell 1993) and described by Gertsch Government Canyon Bat Cave in the cannot be positively identified (George (1992). The Robber Baron Cave Government Canyon karst fauna region Veni, George Veni & Associates, pers. meshweaver (a spider) is only known and an unnamed cave referred to as ‘‘5 comm. 2002). The location of the cave from Robber Baron Cave in the Alamo miles northeast of Helotes’’ (Table 1). in the UTSA karst fauna region referred Heights karst fauna region (Table 1). However, the specimen collected from to as a cave ‘‘5 miles NE of Helotes’’ is Madla Cave Meshweaver the latter cave has been tentatively also unknown, but based on its identified as a new species descriptive name, is assumed to be The Madla Cave meshweaver, (Cokendolpher, in press). within the UTSA karst fauna region. It Cicurina madla (Araneae: Dictynidae), is possible that this cave may not be a was first collected in October 4, 1963, Government Canyon Bat Cave Spider separate location, but may be an existing by J. Reddell and D. McKenzie (Reddell The Government Canyon Bat Cave cave listed by the collector under the 1993) and described by Gertsch (1992). spider, Neoleptoneta microps (Araneae: alternative name ‘‘5 miles NE of The Madla Cave meshweaver is Leptonetidae), was first collected on Helotes’’. currently known from eight caves: one August 11, 1965, by J. Reddell and J. The common names for the following in the Stone Oak karst fauna region; one Fish (Reddell 1993). The species was six species have been changed in the Government Canyon karst fauna originally described by Gertsch (1974) as a result of a meeting of the Committee region; two in the UTSA karst fauna as Leptoneta microps and later

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reassigned to Neoleptoneta following and small mammals (due to lower emerged at night to feed. Through Brignoli (1977) and Platnick (1986). The survivorship, higher emigration, and/or genetic analyses of the cave-dwelling species is known from two caves in the lower immigration) from habitat patches species, they found that species or Government Canyon karst fauna region ranging in size from 2 to 7 ha (5–17 ac) groups of populations inhabiting areas (Table 1). (Mader 1984; Tscharntke 1992; Keith et where the limestone is continuous and al. 1993; Lindenmayer and Possingham highly fissured are genetically less Community 1995; Hill et al. 1996). differentiated than are populations Cave Crickets Elliott (1994a) stated that cave occurring in regions where the Cave crickets are a critical source of crickets generally forage within 50 m limestone distribution is more nutrient input for karst ecosystems (Barr (164 ft) of caves and other karst features, fragmented. This suggests that cave- 1968; Reddell 1993). Cave crickets in but have been found up to 60 m (197 ft) dwelling species occurring within away. He also stated that cave crickets the genus Ceuthophilus occur in most continuous limestone blocks migrate may use small, unnoticeable passages caves in Texas (Reddell 1966). Being through the subsurface environment. from the cave to the surface in addition Helf et al. (1995) suggested that sensitive to temperature extremes and to the main cave entrance. populations of an eastern species of drying, cave crickets forage on the Cave cricket populations may have a cave cricket (Hadenoecus subterraneus) surface at night and roost in the cave metapopulation (an assemblage of local may be at risk because they do not during the day. Cave crickets lay their populations, called subpopulations, that recover quickly after events such as eggs in the cave, providing food for a interact via the dispersal of individuals drought, floods, and temperature variety of other species (Mitchell from one subpopulation to others) or a extremes that preclude or diminish 1971b). Some cave species also feed on source-sink population structure and, foraging opportunities. These cave cave cricket feces (Barr 1968; Poulson et therefore, it may be important to protect cricket populations may have source- al. 1995) as well as on adults and multiple karst features that support cave sink population dynamics, with some nymphs directly (Cokendolpher, in crickets in a karst ecosystem. ‘‘Source’’ karst features acting as sources and the press; Elliott 1994a). Cave crickets are populations are those that generate a majority of karst features acting as sinks, scavengers or detritivores, feeding on flow of migrants to other habitat but Helf et al. (1995) recommend that dead insects, carrion and some fruits, patches. Population ‘‘sinks’’ are patches even sink populations should be but not on foliage (Elliott 1994a). where losses of individuals are not protected because their emigrants can Based on analysis of cave cricket data replaced by reproduction alone, but rely ‘‘rescue’’ source populations that collected at Lakeline Cave in northwest on continued immigration from source experience local decimation. These Travis County, Texas by William Elliott populations (Ehrlich and Ehrlich 1996). studies suggest that it is important to and Peter Sprouse from 1993 to 1999, Metapopulation dynamics require protect geologically connected caves cave cricket numbers in Lakeline Cave movement among patches, and and maintain vegetated corridors underwent a major decline following persistence requires interacting patches between caves. the construction of Lakeline Mall. that undergo local extinctions and Under a section 10(a)(1)(B) permit, 0.9 establishment of new subpopulations in Other Surface Animals ha (2.3 ac) of land was left undeveloped areas previously devoid of individuals Many central Texas caves with around the cave, and effects of the (Hanski 1999). endangered invertebrate species are development were monitored. Protected Most information on the population frequented by mammals and several areas were established around Temples structure of cave cricket species is from species of reptiles and amphibians of Thor, Red Crevice Cave, and Testudo studies in the eastern United States and (Reddell 1967). Although there are no Tube. During the monitoring period, the in Europe. Allegrucci et al. (1997) found studies establishing the role of undeveloped area around Lakeline Cave that a cave cricket (Dolichopoda mammals in central Texas cave ecology, comprised about 3.2 ha (8 ac) of schiavazzii) endemic to Tuscany, Italy, the presence of a large amount of woodland and grassland surrounded by had a metapopulation structure. They mammal related materials (scat, nesting roads and parking lots. The protected found that populations of cave crickets materials, and dead bodies) indicates areas around Temples of Thor Cave and from two caves 20 km (12 mi) apart but they are probably important. An Testudo Tube Cave are 42.5 and 10.5 ha, connected by moist woodlands had 54 important source of nutrients for the respectively (105 and 26 ac), and one migrants per generation and probably cave species may be the fungus, surrounded by additional undeveloped exchanged individuals. microbes, and/or other troglophiles and land. We analyzed cave cricket numbers Cockley et al. (1977) studied a cave troglobites that grow or feed on feces from data collected from 1993 to 1999 cricket (Ceuthophilus gracilipes) in the (Elliott 1994b; Gounot 1994). at Lakeline Cave, Temples of Thor, and eastern United States. This species is For predatory troglobites, Testudo Tube. The analysis indicated limited to humid, dark, and stable invertebrates that accidently occur in that cave cricket numbers in Lakeline habitats and is found both in caves and the cave, may be an important nutrient Cave declined while numbers at the in the forest under logs and loose bark. source (Hopper 2000). Documented other two caves remained stable. Cave They found limited genetic accidental species include snails, cricket numbers at Lakeline Cave differentiation of the cave crickets in earthworms, terrestrial isopods declined and were significantly caves over a 1000 km2 (386 mile2) area (commonly known as pillbugs or potato correlated with time (r2 = 0.3872) and suggested that ‘‘the forest bugs), scorpions, spiders, mites, whereas cricket numbers from Temples populations may serve as genetic collembola (primitive wingless insects of Thor and Testudo Tube, which are in bridges’’ between caves. that are commonly known as larger preserves (105 and 26 acres Caccone and Sbordoni (1987) studied springtails), thysanura (commonly respectively, although the surrounding nine species of North American cave known as bristletails and silverfish), undeveloped area made the effective crickets from sites in North Carolina, harvestmen (commonly known as area larger) remained stable (r2 = 0.0007 Ohio, Pennsylvania, Tennessee, daddy-long-legs), ants, leafhoppers, and 0.0018 respectively). These results Virginia, West Virginia, Kentucky, and thrips, beetles, weevils, moths, and flies are consistent with reports of declines Alabama. Seven of the species were (Reddell 1965; Reddell 1966; Reddell and extinctions of several invertebrates obligate cave-dwelling species that 1999).

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Vegetation Community 1988). Porter et al. (1991) state that be 80 individuals per species (Dr. The vegetative community provides control of fire ants in areas greater than Kathryn Kennedy, Center for Plant nutrient input to the karst ecosystem 5 ha (12 ac) may be more effective than Conservation, pers. comm., 2002). This through plant debris washed in and in smaller areas since multiple queen is a judgement based on the perception possibly through roots; supports the fire ant colonies reproduce primarily by that this habitat type as a whole is fairly animal communities that contribute ‘‘budding,’’ where queens and workers mature and the species are relatively nutrients to the karst ecosystem (such as branch off from the main colony and long-lived and reproductively cave crickets, small mammals, and other form new sister colonies. Maintaining successful. Based on analysis of recorded vertebrates); buffers the subsurface large, undisturbed areas of native densities for dominant and important environment against drastic changes in vegetation may also help sustain the native ant communities (Porter et al. woody species by Van Auken et al. the temperature and moisture regime; 1988; 1991). (1979; 1980; 1981), we extrapolated the helps filter pollutants (Biological area needed to support 80 reproductive Advisory Team 1990; Veni & Associates Woodland-Grassland Community individuals for the dominant, 1988); and helps control certain exotics The woodland-grassland mosaic subdominant, and other important (such as fire ants) (Porter et al. 1988) community typical of the Edwards woody species in the southern Edwards that may compete with or prey upon the Plateau is a patchy environment Plateau. We used observed density per listed species and other karst fauna. composed of many different plant unit area, corrected for non- Tree roots have been found to provide species. To replicate natural processes, reproductive individuals, then a major energy source in shallow lava patchy environments require larger calculated the area needed to support 80 tubes and limestone caves in Hawaii minimum areas for conservation than do mature reproductive individuals per (Howarth 1981, cited in Howarth 1983). more homogeneous environments species. We found about a third of the Jackson et al. (1999) investigated rooting (Lovejoy and Oren 1981). To maintain a ecologically important woody species depth in 21 caves on the Edwards viable vegetative community, including typical of the Edwards Plateau needed Plateau to assess the below ground woodland and grassland species, a core areas of approximately 32 ha (80 vegetational community structure and buffer area is needed to shield the core ac) to sustain self-reproducing the functional importance of roots. They habitat from impacts associated with populations of at least 80 mature observed roots penetrating up to 25 m fragmentation, isolation, edge effects, individuals. (82 ft) into the interior of twenty of the and other factors. Maintaining viable grasslands is caves, with roots of six tree species Enough individuals of each plant challenging because many grass species common to the plateau penetrating to species must be present for successful use wind to disperse their seeds and below 5 m (16.4 ft). They speculated reproduction over the long-term. Viable these distances may be small. The that the caves may provide water and population size is influenced by needs process of expansion through rhizomes nutrients for the trees. for satisfactory germination (Menges (underground stems) is slow and clonal, Along with providing nutrients to the 1995), genetic variation (Bazzaz 1983; which reduces genetic variability. karst ecosystem, directly and indirectly, Menges 1995; Young 1995) and Primary recruitment of new individuals a healthy vegetative community may pollinator effectiveness (Groom 1998; in grasslands is from seedling also help control the spread of exotic Jennersten 1995; Bigger 1999). Pavlik establishment. Seed dispersal, soil species. The imported red fire ant (1996) stated that long-lived, woody, texture, and suitable soil moisture (Solenopsis invicta) is an aggressive self-fertilizing plants with high profiles at critical times are important predator, which has had a devastating fecundity would be expected to have factors for maintaining viability (Coffin and long-lasting impact on native ant minimum viable population sizes in the et al. 1993). populations and other range of 50–250 reproductive While grassland may be important to communities (Vinson and Sorenson individuals. Fifty reproductive maintaining the karst community, we 1986; Porter and Savignano 1990) and is individuals is a reasonable minimum lack adequate information to factor this a threat to the karst invertebrates (Elliott figure for one of the dominant species information into surface habitat patch 1994b; USFWS 1994). Fire ants have of the community (juniper) based on size requirements. We believe been observed building nests both reproductive profiles for these species maintaining the 32 ha core areas will within and near cave entrances as well (Van Auken et al. 1979; Van Auken et provide the native grasslands needed to as foraging in caves, especially during al. 1980; Van Auken et al. 1981). This support the diversity and nutrients the summer. Shallow caves inhabited by figure would likely be an underestimate needed for a viable karst ecosystem. listed karst invertebrates makes them for other woody species present in The presence of water in the especially vulnerable to invasion by fire central Texas woodlands as subsurface environment is important for ants and other exotic species. Fire ants subdominant and understory species, maintaining the humid conditions, have been observed preying on several because they are more sensitive to stable temperatures, and natural airflow cave species (Elliott 1994b). Karst fauna environmental changes and do not meet in the cave. Since soil depth is shallow that are most vulnerable to fire ant several of the life history criteria needed over the limestone plateau, water predation are the slower-moving adults, for the lowest minimal viable collects as sheet flow on the surface nymphs, and eggs (James Reddell, pers. population size. Although these species following rain and enters the subsurface comm., 1994). The presence of fire ants may require population sizes at the environment through cave openings, in and around karst areas could have a higher end of Pavlik’s (1996) range (that fractures, and solutionally-enlarged drastic detrimental effect on the karst is, nearer 250 individuals) to be viable, bedding planes. This direct, rapid ecosystem through loss of both surface we do not have the data to support that transport of water through the karst and subsurface species that are critical contention. Therefore, we have allows for little or no purification links in the food chain. considered a minimum viable (USFWS 1994), allowing contaminants The invasion of fire ants is known to population size for species composing a and sediments to enter directly into the be aided by ‘‘any disturbance that clears typical oak/juniper woodland found in subsurface environment. As a result, a site of heavy vegetation and disrupts central Texas, including both dominant, karst features and karst dependent the native ant community’’ (Porter et al. subdominant, and understory species, to invertebrates are vulnerable to the

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adverse effects of pollution from edges can be the result of a sudden ranges from 3 to 9 m (10 to 30 ft) (Van contaminated ground and surface water. natural disruption such as a storm event Auken et al. 1979). Applying the general Maintaining stable environmental (Smith 1990), or man-made disturbances rule, and using the average value of 6.6 conditions and protecting groundwater such as clearcuts or urbanization. ‘‘Soft’’ m for tree height, we estimated a buffer quality and quantity, requires managing edges, also called induced edges, are width of at least 20 m (66 ft) is needed surface habitat to avoid threats to the subtle differences in habitat type. Soft around a core habitat area to protect the surface and subsurface drainage area of edges can also be abrupt such as where vegetative community from edge effects. known occupied caves. This includes a pine forest abuts a pine plantation, but not only the humanly-accessible cave soft edges occur more often as Patch Configuration entrances but also sinks, depressions, successional changes or gradual Shape fractures and fissures which may serve transitions in the vegetative or faunal The more edge a habitat fragment or as subsurface conduits into the cave and communities (Smith 1990). patch has, the larger the patch or to the interstitial spaces used by the Hard edges can act as a barrier to fragment size should be to protect the invertebrates. distribution and dispersal patterns of birds and mammals (Yahner 1988; core area from deleterious edge effects Buffer Areas Hansson 1998). Invertebrate species are (Ranny et al. 1981; Lovejoy et al. 1986; Plant and animal communities are affected by edges. Mader et al. (1990) Yahner 1988; Laurance 1991; Laurance affected by ‘‘edge effects’’ or changes to found that carabid beetles and lycosid and Yensen 1991; Kelly and Rotenberry the floral and faunal communities spiders avoided crossing unpaved roads 1993; Holmes et al. 1994; Reed et al. where different habitats meet. The that were even smaller than 3 m (9 ft) 1996; Turner 1996; Suarez et al. 1998). length and width of the edge, as well as wide. Saunders et al. (1990) suggested Designing a habitat area that minimizes the contrast between the vegetational that as little as 100 m (328 ft) of edge effects means keeping the edge to communities, all contribute to edge agricultural fields may be a complete area ratio low by increasing the patch effects (Smith 1990; Harris 1984). Edge barrier to dispersal for small organisms size (Holmes et al. 1994) and/or using effects include: increases in solar such as invertebrates and some species optimal shapes. Circular habitat areas, radiation, changes in soil moisture due of birds. In general, for animal or ones that are contiguous with other to elevated levels of evapotranspiration, communities, species need buffers of 50 protected habitat areas, are preferable wind buffeting (Ranny et al. 1981), to 100 m (164–328 ft) or greater to (Diamond 1975; Wilcove et al. 1986; changes in nutrient cycling and the ameliorate edge effects (Lovejoy et al. Kelly and Rotenberry 1993; Wigley and hydrological cycle (Saunders et al. 1986; Wilcove et al. 1986; Laurance Roberts 1997; Kindvall 1999). A habitat 1990), and changes in the rate of leaf 1991; Laurance and Yensen 1991; Kapos area with a circular configuration will litter decomposition (Didham 1998). et al. 1993; Andren 1995; Reed et al. have less edge than a habitat area of Edge effects alter the plant 1996; Burke and Nol 1998; Didham equal size with any other configuration. communities, which in turn impact the 1998; Suarez et al. 1998). Fragmentation associated animal species. The changes Non-native fire ants are known to be caused by edge effects can occur harmful to many species of invertebrates Haskell (2000) examined the effect of rapidly. For example, vegetation 2 m and vertebrates. In coastal southern habitat fragmentation by unpaved roads (6.6 ft) from a newly created edge can California, Suarez et al. (1998) found through otherwise contiguous forest in be altered within days (Lovejoy et al. that densities of the exotic Argentine ant the southern Appalachian Mountains 1986). (Linepithema humile), which has a life and found reduced soil When plant species composition is history similar to the fire ant, are macroinvertebrate species abundance altered due to edge effects, changes also greatest near disturbed areas. Native ant up to 100 m (328 ft) from the road and occur in the surface animal communities tended to be more declines in faunal richness up to 15 m communities (Lovejoy and Oren 1981; abundant in native vegetation and less (50 ft) from the road. Haskell (2000) Harris 1984; Mader 1984; Thompson abundant in disturbed areas. Based on pointed out that ‘‘these changes may 1985; Lovejoy et al. 1986; Yahner 1988; the association of the Argentine ant and have additional consequences for the Fajer et al. 1989; Kindvall 1992; distance to the nearest edge in urban functioning of the forest ecosystem and Tscharntke 1992; Keith et al. 1993; areas, core areas may only be effective the biological diversity found within Hanski 1995; Lindenmayer and at maintaining natural populations of this system. The macroinvertebrate Possingham 1995; Bowers et al. 1996; native ants when there is a buffer area fauna of the leaf litter plays a pivotal Hill et al. 1996; Kozlov 1996; Kuussaari of at least 200 m (656 ft) (Suarez et al. role in the ability of the soil to process et al. 1996; Turner 1996; Mankin and 1998). energy and nutrients.’’ Haskell further Warner 1997; Burke and Nol 1998; Both hard and soft edges may allow points out that these changes may in Didham 1998; Suarez et al. 1998; Crist invasive plant species to gain a foothold turn affect the distribution and and Ahern 1999; Kindvall 1999). These where the native vegetation had abundance of other organisms, changes in plant and animal species previously prevented their spread particularly plants. Changes in composition that result from edge (Saunders et al. 1990; Kotanen et al. abundance in litter dwelling effects may unnaturally change the 1998; Suarez et al. 1998; Meiners and macroinvertebrates may also affect nutrient cycling processes required to Steward 1999). A general rule for ground-foraging vertebrate fauna support cave and karst ecosystem protecting forested areas from edge (Haskell 2000). dynamics. To minimize edge effects, the effects that are in proximity to clear-cut Invertebrate biomass per unit area has core area must have a sufficient buffer areas is to use the ‘‘three tree height’’ been found to be less in small area. rule (Harris 1984) for estimating the fragmented habitats, which may result There are two types of edges, hard width of the buffer area needed. We in reduced food available for cave and soft. ‘‘Hard’’ edges, also called used this general rule to estimate the crickets. Burke and Nol (1998), working inherent edges, are drastic differences in width of buffer areas needed to protect in southern Ontario, Canada, found a habitat types, such as grassland to road, the habitat core areas. The average greater biomass of leaf litter forest to clearcut, and are generally height of native mature trees in the invertebrates in large (≥20 ha (49 ac)) long-term or permanent changes. Hard Edwards woodland association in Texas versus smaller forested areas. Zanette et

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al. (2000) in New South Wales, area is irregularly shaped. Where 1998)) and the standards applied in Australia, reported the biomass of possible, these areas should be those judicial opinions, we reexamined ground dwelling invertebrates was 1.6 continuous to minimize fragmentation. the question of whether critical habitat times greater in large (>400 ha (988 ac)) for the nine invertebrates would be Previous Federal Action versus smaller (∼55 ha (136 ac)) forested prudent. After reexamining the available areas. On January 16, 1992, we received a evidence for the nine invertebrates, we The ability of individuals to move petition submitted by representatives of did not find specific evidence of between preferred habitat patches is the Helotes Creek Association, the collection or trade of these or any essential for colonization and Balcones Canyonlands Conservation similarly situated species and found population viability (Eber and Brandl Coalition, the Texas Speleological that ‘‘by designating critical habitat in a 1996; Fahrig and Merriam 1994; Hill et Association, the Alamo Group of the manner that does not identify specific al. 1996; Kattan et al. 1994; Kindvall Sierra Club, and the Texas Cave cave locations, the threat of vandalism 1999; Kozlov 1996; Kuussaari et al. Management Association to add the by recreational visits to the cave or 1996; Turner 1996). Patch shapes that nine invertebrates to the List of purposeful destruction by unknown allow connection with the most number Threatened and Endangered Wildlife. parties should not be increased’’ (65 FR of neighboring patches increase the On December 1, 1993, we announced in 81419). likelihood that a neighboring patch will the Federal Register (58 FR 63328) a 90- In the final rule to list the species as be occupied (Fahrig and Merriam 1994; day finding that the petition presented endangered (65 FR 81419), we Kindvall 1999; Kuussaari et al. 1996; substantial information that listing may determined that critical habitat Tiebout and Anderson 1997). If be warranted. designation was prudent as we did not On November 15, 1994, we added movement among populations is find specific evidence of increased eight of the nine invertebrates to the restricted and a population is isolated, vandalism. Also, we found that there Animal Notice of Review as category 2 the habitat patch size must be large may also be some educational or candidate species in the Federal enough to ensure that the population informational benefit to designating Register (59 FR 58982). We intended to can survive (Fahrig and Merriam 1994). critical habitat. Therefore, we found that It is likely that many cave systems are include Rhadine exilis in the notice of the benefits of designating critical connected throughout the subsurface review, but an oversight occurred and it habitat for the nine karst invertebrate geologic formation even though this did not appear in the published notice. species outweighed the benefits of not may not be readily apparent from Category 2 candidates, a classification designating critical habitat. surface observations. The extent to since discontinued, were those taxa for which listed species use interstitial which we had data indicating that The Final Listing Priority Guidance spaces and passages is not fully known. listing was possibly appropriate, but for for FY 2000 (64 FR 57114) stated that Troglobitic species may retreat into which we lacked substantial data on we would undertake critical habitat these small interstitial spaces where the biological vulnerability and threats to determinations and designations during physical environment is more stable support proposed listing rules. FY 2000 as allowed by our funding (Howarth 1983) and may spend the On December 30, 1998, we published allocation for that year. As explained in majority of their time in such retreats, a proposed rule to list the nine Bexar detail in the Listing Priority Guidance, only leaving them during temporary County karst invertebrates as our listing budget was insufficient to forays into the larger cave passages to endangered (63 FR 71855). allow us to immediately complete all of forage (Howarth 1987). Incorporating comments and new the listing actions required by the Act information received during the public during FY 2000. We stated that we Summary comment period on the proposed rule, would propose designation of critical The recovery of the endangered karst we published a final rule to list the nine habitat in the future at such time when invertebrates depends on a self- Bexar County karst invertebrate species our available resources and priorities sustaining karst ecosystem; surface and as endangered in the Federal Register allowed. subsurface drainage basins to maintain on December 26, 2000 (65 FR 81419). On November 1, 2000, the Center for adequate levels of moisture; and a viable In the proposed rule, we indicated Biological Diversity (Center) filed a surface animal and plant community for that designation of critical habitat was complaint against the Service alleging nutrient input and protection of the not prudent for the nine invertebrates that the Service exceeded its one-year subsurface from adverse impacts. The because the publication of precise deadline to publish a final rule listing area needed to conserve such an species locations and maps and and designating critical habitat for the ecosystem includes a core area buffered descriptions of critical habitat in the nine Bexar County cave invertebrates. from the impacts associated with Federal Register would make the nine Subsequent to the Service publishing fragmentation, isolation, edge effects, invertebrates more vulnerable to the final rule to list these nine species and other factors that may threaten incidents of vandalism through as endangered on December 26, 2000, ecosystem stability. Depending on the increased recreational visits to their the Center agreed to dismiss its claim size and shape of these core habitat cave habitat and through purposeful regarding the listing of the species. The areas or patches, to remain viable, they destruction of the caves. We also Center and the Service reached a may also require connections to other indicated that designation of critical settlement on the designation of critical habitat patches. habitat was not prudent because it habitat where the Service agreed to In summary, around known caves we would not provide any additional submit a proposed critical habitat believe an area approximately 36 ha (90 benefits beyond that provided through determination for publication in the ac) that includes a core habitat area of listing the species as endangered. Federal Register on or by June 30, 2002, 32 ha (80 ac) surrounded by a buffer 20 Based on recent court decisions, (for and a final determination by January 25, m (66 ft) wide, comprising about 4 ha example, Natural Resources Defense 2003. Sixty-day extensions on the (10 ac), is needed to protect and Council v. U.S. Department of the deadlines to submit both the proposed maintain the area flora, fauna, and Interior 113 F. 3d 1121 (9th Cir. 1997); and final critical habitat determinations nutrient base. The amount of area in the Conservation Council for Hawaii v. to the Federal Register were approved buffer will be larger if the core habitat Babbitt, 2 F. Supp. 2d 1280 (D. Hawaii by the court and the new deadlines are

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August 31, 2002, and March 25, 2003, may require special management that, ‘‘’The Secretary shall designate as respectively. considerations or protection; and, (ii) critical habitat areas outside the On February 28, 2002, we mailed specific areas outside the geographic geographic area presently occupied by letters to the Texas Parks and Wildlife area occupied by a species at the time the species only when a designation Department and the Texas Natural it is listed, upon a determination that limited to its present range would be Resource Conservation Commission such areas are essential for the inadequate to ensure the conservation of informing them that we were in the conservation of the species. the species.’’’ process of designating critical habitat for ‘‘Conservation,’’ as defined by the Act, Section 4 (b)(2) of the Act requires the nine Bexar County karst means the use of all methods and that we take into consideration the invertebrates. We requested any procedures that are necessary to bring economic impact, and any other additional available information on the an endangered or a threatened species to relevant impact, of specifying any listed species, including: Biology; life the point at which listing under the Act particular areas as critical habitat. We history; habitat requirements; is no longer necessary. may exclude areas from critical habitat distribution, including geologic controls Critical habitat receives protection designation when the benefits of to species distribution; current threats; under section 7 of the Act through the exclusion outweigh the benefits of and management activities, current or in prohibition against destruction or including the areas within critical the foreseeable future. The letters adverse modification of critical habitat habitat, provided the exclusion will not contained a current list of Bexar County with regard to actions carried out, result in extinction of the species. caves known to contain listed species, a funded, or authorized by a Federal Our Policy on Information Standards map showing the general distribution of agency. Section 7 also requires Under the Endangered Species Act, these species within each karst fauna conferences on Federal actions that are published on July 1, 1994 (59 FR region and a list of the references likely to result in the destruction or 34271), provides criteria, establishes pertaining to these species and their adverse modification of proposed procedures, and provides guidance to distribution as we know it. We critical habitat. Destruction or adverse ensure that decisions made by the requested their review and comments modification is direct or indirect Service represent the best scientific and on our current information and asked alteration that appreciably diminishes commercial data available. It requires their assistance in providing any the value of critical habitat for both the that our biologists, to the extent additional available information. survival and recovery of a listed species. consistent with the Act and with the use We also mailed approximately 300 Such alterations include, but are not of the best scientific and commercial pre-proposal letters to interested parties limited to, alterations adversely data available, use primary and original and cave biologists on March 20, 2002, modifying any of those physical or sources of information as the basis for informing them that we were in the biological features that were the basis recommendations to designate critical process of designating critical habitat for for determining the habitat to be critical. habitat. When determining which areas the nine listed karst invertebrates. The Consultation under section 7 of the Act are critical habitat, a primary source of letters contained a copy of the final rule does not apply to activities on private or information should be the listing rule to list these Bexar County invertebrate other non-Federal lands that do not for the species. Additional information species as endangered, a map showing involve a Federal nexus. may be obtained from a recovery plan, the general distribution of these species, Critical habitat provides non- articles in peer-reviewed journals, a list of literature about these species regulatory benefits to the species by conservation plans developed by States and their habitats, and a brief summary informing the public and private sectors and counties, scientific status surveys with questions and answers on critical of areas that are important for species and studies, and biological assessments habitat. We requested comments on (1) recovery and where conservation or other unpublished reports. the reasons why any habitat should or actions would be most effective. Section 4 of the Act requires that we should not be determined to be critical Designation of critical habitat can help designate critical habitat based on what habitat as provided by section 4 of the focus conservation activities for a listed we know at the time of designation. Act, including whether the benefits of species by identifying areas that contain Since much of the cave-forming rock is excluding areas will outweigh the the physical and biological features that located on private property in areas that benefits of including areas; (2) land use are essential for the conservation of that have been inadequately surveyed, practices and current or planned species, and can alert the public and additional populations for some of these activities in the subject areas and their land-managing agencies to the species are likely to exist and may be possible impacts on possible critical importance of those areas. discovered over time. We recognize that habitat; (3) any foreseeable economic or To be included in a critical habitat designation of critical habitat for these other impacts resulting from the designation, the habitat must be species likely does not include all of the proposed designation of critical habitat, ‘‘essential to the conservation of the habitat areas that may eventually be in particular, any impacts on small species.’’ Critical habitat designations determined to be necessary for the entities or families; and (4) economic identify, to the extent known and using recovery of the species. For these and other benefits associated with the best scientific and commercial data reasons, this critical habitat designation designating critical habitat for the Bexar available, habitat areas that provide does not signal that habitat outside the County karst invertebrates. essential life cycle needs of the species designation is unimportant or may not (such as areas on which are found the be required for recovery. Habitat areas Critical Habitat primary constituent elements, as outside the critical habitat designation Critical habitat is defined in section 3, defined at 50 CFR 424.12(b)). Section will continue to be subject to paragraph (5)(A) of the Act as—(i) the 3(5)(C) of the Act states that not all areas conservation actions that may be specific areas within the geographic area that can be occupied by a species implemented under section 7(a)(1) of occupied by a species, at the time it is should be designated as critical habitat the Act and to the regulatory protections listed in accordance with the Act, on unless the Secretary determines that all afforded by the section 7(a)(2) jeopardy which are found those physical or such areas are essential to the standard, and the section 9 take biological features (I) essential to the conservation of the species. Our prohibition, as determined on the basis conservation of the species and (II) that regulations (50 CFR 424.12(e)) also state of the best available information at the

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time of the action. It is possible that constituent elements include but are not reports on research and recovery federally funded or assisted projects limited to: space for individual and activities conducted under a section affecting listed species outside their population growth and for normal 10(a)(1)(A) scientific permit, section 6 designated critical habitat areas could behavior; food, water, air, minerals and species status reports, and literature jeopardize those species. Similarly, other nutritional or physiological published in peer reviewed journals. critical habitat designations made on the requirements; cover or shelter; and Survey reports and scientific permit basis of the best available information at habitats that are protected from annual reports also contained cave the time of designation may not totally disturbance and represent the historic location information, typically in the coincide with the direction and geographical and ecological form of a cave location indicated on a substance of future recovery plans, distributions of the species. U.S. Geological Survey topographic habitat conservation plans (HCP), or The primary constituent elements maps, and a map of the cave footprint. other species conservation planning and required by the nine karst invertebrates We submitted a request to the Texas recovery efforts if new information consist of: (1) The physical features of Speleological Survey (TSS) for any shows changes are needed. karst-forming rock containing available digital location data (UTM subterranean spaces with stable Methods coordinates) for Bexar County caves temperatures, high humidities (near known to contain one or more of the As required by the Act and saturation) and suitable substrates (for nine endangered species. TSS is a non- regulations (section 4(b)(2) and 50 CFR example, spaces between and profit corporation established in 1961 to 424.12), we used the best scientific and underneath rocks suitable for foraging collect, organize, and maintain commercial information available to and sheltering), and (2) the biological information on Texas caves and karst for determine critical habitat areas that features of a healthy surface community scientific, educational, and conservation contain the physical and biological of native plants (for example, juniper- purposes, and to support safe and features that are essential for the oak woodland) and animals (for responsible cave exploration, and is conservation of these nine species. This example, cave crickets) surrounding the affiliated with the Texas Memorial information included: (1) Peer-reviewed karst feature that provides nutrient Museum, the Texas Speleological scientific publications; (2) the final input and buffers the karst ecosystem Association, and the National listing rule for the nine Bexar County from adverse effects (from, for example, Speleological Society. TSS provided all karst invertebrate species (65 FR 81419); non-native species invasions, available digital location data, and (3) unpublished field data collected by contaminants, and fluctuations in reviewed and confirmed our location Service biologists; (4) unpublished temperature and humidity). data for caves where no digital survey reports, notes and The areas proposed as critical habitat information was available. The communications with other qualified for the nine karst invertebrates are precision of the locations for which biologists or experts; (5) published designed to incorporate what is digital location data were available descriptions of the regional geology essential for their conservation. Habitat ranged from 1 m to 10 m (3ft to 33 ft) (Veni 1988; Soil Conservation Service components that are essential for these and data documented on topographic 1962; Veni 1994); (6) the Endangered species meet the primary biological maps was estimated to be accurate to Species Recovery Plan for Endangered needs of foraging, reproduction and within 10 m to 20 m (33 ft to 66 ft). This Karst Invertebrates in Travis and refugia from human induced or other variability in precision was taken into Williamson Counties, Texas, (USFWS environmental threats. Karst ecosystems account when delineating proposed 1994); and (7) digital orthophotographs surrounded by a vegetative community boundaries. The TSS provided digital flown in March 2001 obtained from the that supports cave crickets and other location information to us based on our Bexar County Appraisal District. trogloxenes and troglophiles; where agreement that the information would In determining the areas in Bexar water quality and quantity in the surface only be accessible to the Austin County that are essential to the and subsurface drainage basin are Ecological Services Field Office staff conservation of the listed invertebrates, protected; and that are protected from and would not be released. We further we considered all karst features unrestricted human-entry and other agreed that any requests for such currently known to be occupied and the threats (such as fire ants) are essential information would be directed to TSS as surrounding surface ecosystem on for the conservation of viable owners of the data. The location of the which the species depend. We believe populations of these endangered karst known occupied caves within each unit that other occupied karst features likely invertebrates. exist in Bexar County that are essential is not specified in order to protect these to species survival, especially for those Criteria Used To Delineate Critical caves from vandalism. species known from only a few Habitat We referred to Veni’s 1994 karst zones locations (such as Cicurina vespera, We used several criteria to identify maps to ensure that the majority of the Cicurina venii, Batrisoides venyivi, and and delineate lands for designation as lands within each proposed unit Neoleptoneta microps). However, we do critical habitat: caves known to contain overlaid a contiguous deposit of karst- not currently know where these one or more of the nine endangered bearing rock either known to contain the locations are and therefore cannot karst invertebrates; the footprint of the listed species (Zone 1) and/or having a include them in this critical habitat known occupied cave, including the high probability of suitable habitat for designation. known and estimated subsurface extent; the listed species (Zone 2) in order to contiguous karst deposits; and at least maintain subsurface connectivity for Primary Constituent Elements 36 ha (90 ac) of vegetation surrounding species movement throughout the We are required to consider those each known occupied cave or complex contiguous karst deposit. Since the 1994 physical and biological features of caves essential to the functioning of report, a significant amount of essential to the conservation of these a healthy ecosystem. additional information has become nine karst invertebrates that may require Species location information was available, either as a result of the special management considerations and obtained from presence/absence survey discovery of new caves containing the protection. These features are termed reports submitted during project listed species, or additional biological primary constituent elements. Primary consultations with the Service, annual surveys conducted in previously

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mapped caves and/or as a result of the known occupied caves and the extent of boundaries of mapped units do not release of information not available at fragmentation caused by existing contain the primary constituent the time of the 1994 report. As a result, development within and adjacent to elements and are not considered to be some of these caves for which critical each habitat area. Several units were critical habitat. Such features and habitat is being proposed are depicted enlarged to encompass undisturbed structures include but are not limited to as occurring within Zone 2. These areas vegetated areas to compensate for buildings and paved roads. However, of Zone 2 now meet the definition of internal fragmentation due to existing areas below ground under these Zone 1. See the previous ‘‘Subsurface development. Where possible, boundary structures and vegetation are considered Environment’’ section for definitions of lines were drawn along identifiable to be critical habitat since subterranean Veni’s karst zones. landmarks including roads, named spaces containing these species and/or Where possible, the proposed critical creeks and rivers, and property transmitting moisture and nutrients habitat units contain at least 36 ha (90 boundaries. Several units were through the karst ecosystem extend, in ac) of self-reproducing native vegetated described as a circular area some cases, underneath these existing area surrounding each known occupied encompassed within a square or human-constructed structures and cave or complex of caves. This vegetated rectangle bounded by corner points landscaped areas. area includes a core vegetative given in Texas State Plane (South community, cave cricket foraging area; Central) in feet, referenced to North Critical Habitat Proposal and buffer areas that protect the core American Horizontal Datum 1983 (NAD habitat from impacts associated with Lands proposed as critical habitat for 83). Coordinates were derived from the fragmentation, isolation, and edge the nine karst invertebrates occur in 25 2001 digital orthophotographs. A effects. This area also includes the local separate units with a total area of description of each unit and the current surface and subsurface drainage areas, approximately 3,857 ha (9,516 ac). The status of the lands in and around the to the extent known. lands within the proposed units are We consulted recent digital unit are presented below under under private, city, State, and Federal orthophotographs (March 2001) and ‘‘Proposed Critical Habitat Unit ownership. Table 2 below lists the parcel maps (generated in early 2002) Descriptions’’. known occupied caves, the karst fauna obtained from the Bexar County Existing human-constructed, above region, the total area, land ownership, Appraisal District to determine the ground, impervious structures and and the listed species that occur within current status of habitat surrounding the associated landscaping within the each proposed unit.

TABLE 2.—KNOWN OCCUPIED CAVES, THE KARST FAUNA REGION (KFR), TOTAL AREA (HECTARES (HA), ACRES (AC)), LAND OWNERSHIP AND LISTED SPECIES THAT OCCUR WITHIN EACH PROPOSED CRITICAL HABITAT UNIT

Listed species in Unit and known caves in unit KFR Total area of unit Ownership unit

1a. Bone Pile Cave ...... Government Canyon ...... 76 ha, 188 ac ...... State ...... N. microps. Surprise Sink R. infernalis. 1b. Government Canyon Bat Cave ...... Government Canyon ...... 47 ha, 116 ac ...... State ...... C. vespera. N. microps. R. exilis. R. infernalis. 1c. Lost Pothole ...... Government Canyon ...... 47 ha, 116 ac ...... State ...... C. madla. 1d. Lithic Ridge Cave ...... Government Canyon ...... 47 ha, 116 ac ...... State ...... R. infernalis. 1e. Canyon Ranch Pit * ...... Government Canyon ...... 341 ha, 842 ac ...... Private, State ...... R. infernalis. Fat Man’s Nightmare Cave * R. exilis. Pig Cave B. venyivi. San Antonio Ranch Pit Scenic Overlook Cave * Tight Cave 2. Logan’s Cave ...... Helotes ...... 99 ha, 245 ac ...... Private ...... C. madla. Madla’s Drop Cave R.infernalis. R. exilis. 3. Helotes Blowhole * ...... Helotes ...... 63 ha, 154 ac ...... Private ...... B. venyivi. Helotes Hilltop * C. madla. R. infernalis. R. exilis. 4. Kamikazi Cricket Cave ...... UTSA ...... 63 ha, 154 ac ...... Private ...... R. infernalis. R. exilis. 5. Christmas Cave ...... Helotes ...... 47 ha, 116 ac ...... Private ...... B. venyivi. C. madla. R. infernalis. R. exilis. 6. John Wagner Ranch Cave No. 3 * ... UTSA ...... 45 ha, 111 ac ...... Private ...... R. infernalis. R. exilis. 7. Young Cave No. 1 ...... UTSA ...... 50 ha, 123 ac ...... Private ...... R. exilis. 8. Hills and Dales Pit * ...... UTSA ...... 174 ha, 428 ac ...... Private ...... C. madla. Robber’s Cave R. infernalis. Three Fingers Cave R. exilis. 9. Mastodon Pit ...... UTSA ...... 71 ha, 175 ac ...... State, Private ...... R. exilis. 10. Flying Buzzworm Cave ...... Stone Oak ...... 367 ha, 906 ac ...... Federal, City, Private ...... C. madla. Headquarters Cave R. infernalis. Low Priority Cave R. exilis.

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TABLE 2.—KNOWN OCCUPIED CAVES, THE KARST FAUNA REGION (KFR), TOTAL AREA (HECTARES (HA), ACRES (AC)), LAND OWNERSHIP AND LISTED SPECIES THAT OCCUR WITHIN EACH PROPOSED CRITICAL HABITAT UNIT—Continued

Listed species in Unit and known caves in unit KFR Total area of unit Ownership unit

11. 40 mm Cave ...... Stone Oak ...... 1,273 ha, 3,143 ac Federal ...... R. exilis. BÐ52 Cave Backhole Boneyard Pit Bunny Hole Cross the Creek Cave Dos Viboras Cave Eagle’s Nest Cave Hilger Hole Hold-Me-Back Cave Isocow Cave MARS Pit MARS Shaft Pain in the Glass Cave Platypus Pit Poor Boy Baculum Cave Root Canal Cave Root Toupee Cave Strange Little Cave Up the Creek Cave 12. Hairy Tooth Cave ...... Stone Oak ...... 105 ha, 258 ac ...... Private ...... R. exilis. Ragin’ Cajun Cave 13. Black Cat Cave ...... Stone Oak ...... 51 ha, 125 ac ...... Private ...... R. exilis. 14. Game Pasture Cave No. 1 ...... Culebra Anticline ...... 173 ha, 426 ac ...... Private ...... R. infernalis. King Toad Cave Stevens Ranch Trash 15. Braken Bat Cave ...... Culebra Anticline ...... 195 ha, 481 ac ...... Private ...... C. venii. Isopit R. infernalis. Obvious Little Cave Wurzbach Bat Cave 16. Caracol Creek Coon Cave ...... Culebra Anticline ...... 61 ha, 152 ac ...... Private ...... R. infernalis. 17. Madla’s Cave * ...... Helotes ...... 48 ha, 118 ac ...... Private ...... C. madla. R. infernalis. 18. Mattke Cave ...... UTSA ...... 40 ha, 100 ac ...... Private ...... R. nfernalis. Scorpion Cave 19. Genesis Cave ...... Stone Oak ...... 59 ha, 146 ac ...... Private ...... R. infernalis. 20. Robber Baron Cave ...... Alamo Heights ...... 160 ha, 395 ac ...... Private ...... C. baronia. T. cokendolpheri. 21. Hornet’s Last Laugh Pit ...... Stone Oak ...... 155 ha, 382 ac ...... Private ...... R. exilis. Kick Start Cave Springtail Crevice

Totals: 25 57 3,857 ha, 9,516 ac. *Indicates caves and their associated preserve lands that have special management under La Cantera’s Section 10 permit and have therefore not been included in the proposed critical habitat designation. These caves and their associated preserve lands were not included in the totals in this table.

The lands within the proposed critical karst ecosystem from adverse effects specifically included because their habitat units, with the exception of (from, for example, non-native species precise locations are unknown. Units 19 and 20, provide the full range invasions, contaminants, and La Cantera Cave No. 1 and La Cantera of primary constituent elements needed fluctuations in temperature and Cave No. 2 were also not included in by the nine karst invertebrates including humidity). Lands within Units 19 and this proposed critical habitat (1) the physical features of karst-forming 20 are heavily urbanized and intensive designation. La Cantera received a rock containing subterranean spaces management may be required to provide section 10(a)(1)(B) permit for take of the with stable temperatures, high nutrients and water to the listed species listed species in La Cantera Cave No. 1 humidities (near saturation) and within these units. See ‘‘Proposed and La Cantera Cave No. 2. After suitable substrates (for example, spaces Critical Habitat Unit Descriptions’’ evaluating the HCP and associated between and underneath rocks suitable below for detailed descriptions of all information, we determined that a for foraging and sheltering), and (2) the units. sufficient number of caves containing biological features of a healthy surface Twelve caves known to contain one or these species remained so that take of community of native plants (for more of the listed species were not the species within these two caves example, juniper-oak woodland) and included in the proposed critical habitat would not preclude recovery of the animals (for example, cave crickets) designation. The caves referred to as species. Therefore, La Cantera Cave No. surrounding the karst feature that ‘‘unnamed cave 1⁄2 mile N of Helotes’’ 1 and La Cantera Cave No. 2 were not provide nutrient input and buffers the and ‘‘5 miles NE of Helotes’’ were not included in this designation because

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they are not considered essential to the karst-bearing rock. The majority of report with cave names and precise conservation of the species. The GCSNA, including the proposed units, locations. decision to issue the permit was also are defined by Veni’s 1994 karst zone This unit was delineated to based on La Cantera’s proposal to maps as occurring within Zone 2. Since encompass at least 36 ha of vegetation mitigate for take of the species within lands within this unit are primarily around each of the six known occupied these caves by purchasing and managing undeveloped and the property is under caves overlying contiguous deposits of eight caves known to contain one or one ownership, we were unable to karst-bearing rock. Unit 1e is defined by more of the listed species for which take delineate the boundaries of the units Veni’s 1994 karst zone maps as was being permitted and their using roads or parcel boundaries, and occurring within Zone 2. This unit was associated preserve lands. These instead delineated the units as squares enlarged to include the City of San mitigation caves are Canyon Ranch Pit, encompassing approximately 36-ha Antonio’s Iron Horse Canyon property, Fat Man’s Nightmare Cave, and Scenic circular areas containing the endangered which contains two known occupied Overlook Cave and the surrounding species cave habitat. caves. Since we are unsure about the approximately 30 ha (75 ac) (within location of these caves, the entire Unit 1e Unit 1e); Helotes Blowhole and Helotes property was included within the Hilltop caves and the surrounding The majority of Unit 1e consists of critical habitat designation. This unit approximately 10 ha (25 ac) (within large tracts of privately owned land that may be modified depending on Unit 3); John Wagner Cave No. 3 and the is primarily undeveloped with the additional location information about surrounding approximately 1.6 ha (4 ac) exception of several small private and/ these two caves obtained during the (within Unit 6); Hills and Dales Pit and or county roads. A small corner of public comment period for this the surrounding approximately 28 ha GCSNA also occurs in this unit. No proposed rule. The unit was also (70 ac) (within Unit 8); and Madla’s highways or major roadways occur enlarged to include one of the four caves Cave and the surrounding within the unit. This unit contains six on the 162-ha (400-ac) property, which approximately 2 ha (5 ac) (within Unit caves known to contain listed species is believed to contain suitable habitat 17). La Cantera recently completed their (Table 2). Three of the caves are located for one or more of the listed species, and purchase of these karst preserves on an approximately 162–ha (400–ac) a 36–ha habitat area around the cave. through conservation easement and/or privately-owned, undeveloped, property This unit may be modified depending fee simple title and has agreed to protect bordered by GCSNA to the west and on the results of additional species and manage them in perpetuity in south, La Cantera’s 30–ha (75–ac) surveys that may be conducted in this accordance with the conservation needs Canyon Ranch preserve to the north, cave during the public comment period of the species. Since these areas do not and by the City of San Antonio’s Iron for this proposed rule. The unit require additional special management Horse Canyon property on the east. The boundaries were delineated following beyond that provided for through the 162–ha (400–ac) property also contains roads and parcel boundaries. HCP and do not meet the definition of four caves that may contain suitable Unit 2 critical habitat, these caves and their habitat for one or more of the listed Unit 2 consists of large, wooded tracts associated preserve lands were also species, but require additional surveys which appear to be undeveloped with excluded from this proposed critical during suitable environmental the exception of several buildings. The habitat designation. conditions (Kemble White, SWCA, unit contains two or three small private pers.comm. 2002). Three of these caves Proposed Critical Habitat Unit or county roads, but no highways or are within the 36–ha (90–ac) habitat Descriptions major roadways. Two caves known to area of a known occupied cave on the contain listed species occur within Unit Units 1a, 1b, 1c, 1d property. 2 (Table 2). Units 1a, 1b, 1c, and 1d are located on Three of the six known occupied This unit was delineated to Government Canyon State Natural Area caves within this unit and their encompass at least 36 ha (90 ac) of (GCSNA), an approximately 2,688-ha associated preserve lands have been vegetation around each of the two (6,643-ac) area owned and managed by excluded from this critical habitat known occupied caves overlying a the Texas Parks and Wildlife designation. The 30–ha (75–ac) Canyon contiguous deposit of karst-bearing rock. Department (TPWD). GCSNA was Ranch Preserve contains Canyon Ranch Unit 2 is defined by Veni’s 1994 karst purchased in 1993 and is not currently Pit, Fat Man’s Nightmare Cave, and zone maps as occurring within Zone 2. accessible to the public. The projected Scenic Overlook Cave and has been The unit was enlarged to encompass opening is late 2003 or early 2004. acquired by La Cantera under their undisturbed, unfragmented woodland to Lands within the four proposed units Section 10(a)(1)(B) permit, which also compensate for internal fragmentation are undeveloped, with several one-lane, requires that these caves and the due to several small roads, buildings unpaved roads which will serve surrounding preserve lands be managed and an area from which the majority of primarily as pedestrian trails once the in perpetuity for the conservation of the the woodland has been removed. The facility opens. Unauthorized public species. Since these lands do not require unit boundaries were delineated vehicular traffic will not be allowed special additional management, they primarily along existing roads and (George Kegley, TPWD, pers. comm. have been excluded from critical habitat parcel boundaries. 2002). An unpaved road/trail crosses designation. Units 1a, 1b, and 1c. Unit 1a contains The City of San Antonio’s Iron Horse Unit 3 two known occupied caves and Units Canyon property is approximately 241 Unit 3 consists of relatively large, 1b, 1c, and 1d each contain one cave ha (595 ac). Two caves containing listed wooded tracts. The tracts along the known to contain listed species (Table species occur on the property (Kemble northern side of the unit have been 2). White, SWCA, pers. comm. 2002). developed with homes, but it appears These units were delineated to However, the surveys were conducted that the remainder of the properties encompass at least 36 ha (90 ac) of in these caves prior to the species’ within the unit are undeveloped. The vegetation around the known occupied listing and to date, we have not been unit contains several small residential caves, overlying a contiguous deposit of able to obtain a copy of the survey roads, but no major roadways or

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highways. The unit is bordered by fragmentation due to several residential This unit was delineated to Bandera Road, a four-lane divided roads and residential development that encompass at least 36 ha (90 ac) of roadway, and by two-lane residential occur within the unit. We were unable vegetation around the known occupied roads. The unit contains two known to delineate the boundaries of the unit cave, overlying a contiguous deposit of occupied caves (Table 2) which, along using roads or parcel boundaries due to karst-bearing rock. The majority of Unit with their associated preserve lands, their configuration and instead 6 is defined by Veni’s 1994 karst zone have been excluded from this critical delineated the unit as a square maps as occurring within Zone 1. The habitat designation. Helotes Blowhole encompassing an approximately 36–ha unit was delineated to encompass the and Helotes Hilltop Cave and the circular area containing the endangered majority of the contiguous Zone 1 karst approximately 10 ha (25 ac) species cave habitat. deposit associated with the known surrounding the caves has been occupied cave while maximizing the acquired by La Cantera under their Unit 5 amount of undisturbed, unfragmented Section 10(a)(1)(B) permit which Unit 5 consists of a large tract of woodland surrounding the cave. We requires that these caves and the undeveloped, woodland and several were unable to delineate the boundaries surrounding preserve lands be managed smaller, wooded tracts developed with of the unit using roads or parcel in perpetuity for the conservation of the homes and an associated residential boundaries due to their configuration species. Since these lands do not require road. The unit is bordered to the north and instead delineated the unit as a additional special management, they and northwest by large tracts of square encompassing an approximately have been excluded from critical habitat undeveloped woodland and bordered 36-ha circular area containing the designation. on the remaining sides by smaller tracts endangered species cave. This unit was delineated to with some residential development. One Unit 7 encompass at least 36 ha (90 ac) of cave known to contain listed species vegetation around the two known occurs within Unit 5 (Table 2). Unit 7 consists of relatively large, occupied caves overlying contiguous wooded tracts, several of which have This unit was delineated to deposits of karst-bearing rock. The been developed with homes. The unit encompass at least 36 ha (90 ac) of majority of Unit 3 is defined by Veni’s contains several residential roads, but vegetation around the known occupied 1994 karst zone maps as occurring no highways or major roadways. One cave, overlying a contiguous deposit of within Zone 1. The unit was delineated cave known to contain listed species karst-bearing rock. The majority of Unit to encompass the majority of the occurs within Unit 7 (Table 2). 5 is defined by Veni’s 1994 karst zone contiguous Zone 1 karst deposit This unit was delineated to maps as occurring within Zones 1 and associated with the two known encompass at least 36 ha (90 ac) of 2. The unit was delineated to occupied caves while maximizing the vegetation around the known occupied amount of undisturbed, unfragmented encompass the majority of the cave, overlying a contiguous deposit of woodland surrounding the cave. The contiguous Zone 1 and 2 karst deposits karst-bearing rock. The majority of Unit unit was enlarged to include additional associated with the known occupied 7 is defined by Veni’s 1994 karst zone woodland areas to compensate for cave while maximizing the amount of maps as occurring within Zone 1. The internal fragmentation due to several undisturbed, unfragmented woodland unit was delineated to encompass the small roads, buildings and an area from surrounding the cave. We were unable majority of the contiguous Zone 1 karst which the majority of the woodland has to delineate the boundaries of the unit deposit associated with the known been removed. The unit boundaries using roads or parcel boundaries due to occupied cave while also maximizing were delineated along existing roads. their configuration and instead the amount of undisturbed, delineated the unit as a square unfragmented woodland surrounding Unit 4 encompassing an approximately 36-ha the cave. We were unable to delineate Unit 4 consists of relatively large circular area containing the endangered the boundaries of the unit using roads wooded tracts subdivided for residential species cave habitat. or parcel boundaries due to their development, of which few appear to be Unit 6 configuration and instead delineated the developed. The unit contains several unit as a square encompassing an residential roads, but no major Unit 6 consists primarily of relatively approximately 36-ha circular area roadways or highways. Lands large tracts of undeveloped woodland containing the endangered species cave. surrounding Unit 4 consist of relatively with several smaller tracts developed large subdivided residential tracts that with homes. The unit is bordered to the Unit 8 appear to be largely undeveloped. One east by large, wooded, undeveloped The majority of the lands within Unit cave known to contain listed species tracts and to the west by a residential 8 consist of large tracts of primarily occurs within Unit 4 (Table 2). development. The unit contains one undeveloped woodland. The This unit was delineated to known occupied cave (Table 2) which southeastern portion of the unit has encompass at least 36 ha (90 ac) of along with its associated preserve lands been subdivided and developed with vegetation around the known occupied have been excluded from this critical homes. Part of this area has been cave, overlying a contiguous deposit of habitat designation. John Wagner Ranch developed with residential roads, but karst-bearing rock. The majority of Unit Cave No. 3 and the approximately 1.6 ha currently contains no homes. The unit 4 is defined by Veni’s 1994 karst zone (4 ac) surrounding the cave has been contains three known occupied caves maps as occurring within Zone 1. The acquired by La Cantera under their (Table 2). One of the caves along with unit was delineated to encompass the Section 10(a)(1)(B) permit which its associated preserve lands, have been majority of the contiguous Zone 1 karst requires that the cave and the excluded from this critical habitat deposit associated with the known surrounding preserve lands be managed designation. Hills and Dales Pit and occupied cave while maximizing the in perpetuity for the conservation of the approximately 28 ha (70 ac) amount of undisturbed, unfragmented species. Since these lands do not require surrounding the cave have been vegetation in the unit. The unit was additional special management, they acquired by La Cantera under their enlarged to include additional have been excluded from critical habitat Section 10(a)(1)(B) permit which woodland to compensate for internal designation. requires that the cave and the

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surrounding preserve lands be managed owned by the City of San Antonio, and Unit 12 in perpetuity for the conservation of the a privately-owned tract that is currently The majority of Unit 12 consists of species. Since these lands do not require undeveloped. Three caves known to lands that have been subdivided for additional special management, they contain listed species occur within Unit residential development. Single-family have been excluded from critical habitat 10 (Table 2). homes have been constructed on designation. This unit was delineated to roughly half of the subdivided lots. This unit was delineated to encompass at least 36 ha (90 ac) of Several residential roads and one major encompass at least 36 ha (90 ac) of vegetation around each of the three roadway occur within the unit. The unit vegetation around each of the three known occupied caves, overlying is bordered to the east by U.S. Highway known occupied caves, overlying 281, to the south by a quarry and to the contiguous deposits of karst-bearing contiguous deposits of karst-bearing west by a school and some residential rock. The majority of Unit 8 is defined rock. The majority of Unit 10 is defined by Veni’s 1994 karst zone maps as by Veni’s 1994 karst zone maps as development. Several relatively large occurring within Zones 1 and 2. The occurring within Zones 1 and 2. The tracts of undeveloped land occur within unit was delineated to encompass the unit was delineated to encompass the and to the north of the unit. Two caves majority of the contiguous Zone 1 and majority of the contiguous Zone 1 and known to contain listed species occur 2 karst deposits associated with the 2 karst deposits associated with the within Unit 12 (Table 2). known occupied caves while known occupied caves while This unit was delineated to maximizing the amount of undisturbed, maximizing the amount of undisturbed, encompass at least 36 ha (90 ac) of unfragmented woodland surrounding unfragmented vegetation within the vegetation around each of the two the cave. The unit was enlarged to unit. The unit was enlarged to include known occupied caves, overlying include additional woodland to additional woodland to compensate for contiguous deposits of karst-bearing compensate for internal fragmentation internal fragmentation due to several rock. The majority of Unit 12 is defined due to several small roads and roads and buildings, as well as potential by Veni’s 1994 karst zone maps as residential development within the unit. impacts due to military training occurring within Zone 2. The unit was The unit boundaries were primarily maneuvers. The unit boundaries were delineated to encompass the majority of delineated along existing roads and delineated along existing roads and the contiguous Zone 2 karst deposit parcel boundaries. parcel boundaries. associated with the known occupied caves while maximizing the amount of Unit 9 Unit 11 undisturbed and unfragmented woodland surrounding the cave. The Unit 9 consists of a large tract of Unit 11 consists of the southeastern unit was enlarged to include additional undeveloped, woodland. The unit is portion of the DOD’s Camp Bullis. The woodland to compensate for internal bordered to the north by Loop 1604, a area is not extensively developed with fragmentation due to existing residential major highway, and to the south by a structures or major roadways, but does development within the unit. The unit two-lane roadway. The unit is bordered contain areas used for some types of boundaries were primarily delineated to the west by the University of Texas military training maneuvers and along existing roads and a named creek. at San Antonio campus and to the east contains large areas where the by some commercial development. This woodland vegetation was cleared at Unit 13 unit contains one cave known to contain some point in the past. Less than half of Unit 13 consists primarily of large, listed species (Table 2). the known occupied caves are located This unit was delineated to currently undeveloped wooded tracts within woodland areas. Lands to the encompass at least 36 ha (90 ac) of with several smaller tracts developed east and south of the unit are vegetation around the known occupied with homes. Bulverde Road, a major undergoing rapid suburban cave, overlying a contiguous deposit of roadway, bisects the western portion of development. This unit contains 20 karst-bearing rock. Roughly half of Unit the unit. The unit is bordered by dense caves containing listed species (Table 9 is defined by Veni’s 1994 karst zone residential development on the 2). maps as occurring within Zone 1. The northwest and significantly less dense unit was delineated to encompass the This unit was delineated to residential development on the majority of the contiguous Zone 1 karst encompass at least 36 ha (90 ac) of northeast. The lands to the south, deposit associated with the known vegetation around each of the 20 known southeast, and southwest consist of occupied cave while maximizing the occupied caves, overlying contiguous large, undeveloped, wooded, tracts. One amount of undisturbed, unfragmented deposits of karst-bearing rock. The cave containing listed species occurs woodland surrounding the cave. The majority of Unit 11 is defined by Veni’s within this unit (Table 2). unit boundaries were delineated along 1994 karst zone maps as occurring This unit was delineated to existing roads and a named creek. within Zone 2. The unit was delineated encompass at least 36 ha (90 ac) of to encompass the majority of the vegetation around the known occupied Unit 10 contiguous Zone 2 karst deposit cave, overlying a contiguous deposit of Unit 10 consists of several large tracts associated with the known occupied karst-bearing rock. The majority of Unit of woodland. Most of Unit 10 is caves while maximizing the amount of 13 is defined by Veni’s 1994 karst zone undeveloped. Roughly half of this unit undisturbed and unfragmented maps as occurring within Zones 1 and consists of lands owned and operated by woodland surrounding the cave. The 2. The unit was delineated to the Department of Defense’s (DOD) unit was enlarged to include additional encompass the majority of the Camp Bullis. The majority of the DOD- woodland to compensate for internal contiguous Zone 1 and 2 karst deposits owned area within this unit is not fragmentation due to several roads and associated with the known occupied extensively developed with structures developed areas, and potential impacts caves while maximizing the amount of or major roadways, but does contain associated with military training undisturbed, unfragmented woodland areas used for some types of military maneuvers. The unit boundaries were surrounding the cave. The unit was training maneuvers. The other half of delineated primarily along existing enlarged to include additional the unit consists of Eisenhower Park, roads and parcel boundaries. woodland to compensate for internal

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fragmentation due to existing residential Unit 16 unit boundaries were delineated along development and the presence of a parcel boundaries. Unit 16 contains several large, major roadway within the unit. The unit Unit 18 boundaries were primarily delineated primarily undeveloped tracts of woodland. However, Loop 1604, a major along parcel boundaries and existing The northern portion of Unit 18 highway, bisects the eastern half of the roads. consists of relatively large, wooded unit. One cave known to contain tracts subdivided for residential Unit 14 endangered species occurs within Unit development, the majority of which 16 (Table 2). appear to be undeveloped. The southern Unit 14 consists of several large tracts This unit was delineated to portion of the unit is lined with of undeveloped woodland with no encompass at least 36 ha (90 ac) of developed residential lots. Unit 18 is major roadways or highways. Three vegetation around the known occupied bisected by one residential road. caves known to contain listed species cave, overlying a contiguous deposit of Adjacent lands to the west consist of occur within Unit 14 (Table 2). karst-bearing rock. Unit 16 is defined by relatively large residential tracts that This unit was delineated to Veni’s 1994 karst zone maps as appear to be currently undeveloped. encompass at least 36 ha (90 ac) of occurring almost entirely within Zone 1. The remaining sides are bordered by vegetation around each of the three The unit was delineated to encompass developed residential and commercial known occupied caves, overlying the majority of the contiguous Zone 1 properties. Two caves known to contain contiguous deposits of karst-bearing karst deposit associated with the known listed species occur within Unit 18 rock. Unit 14 is defined by Veni’s 1994 occupied cave while maximizing the (Table 2). karst zone maps as occurring within amount of undisturbed, unfragmented This unit was delineated to Zones 1 and 2. The unit was delineated woodland surrounding the cave. The encompass at least 36 ha (90 ac) of to encompass the majority of the unit was enlarged to include additional vegetation around the two known contiguous Zone 1 and 2 karst deposits woodland to compensate for internal occupied caves, overlying contiguous associated with the known occupied fragmentation due to Loop 1604. We deposits of karst-bearing rock. About half of Unit 18 is defined by Veni’s 1994 caves while maximizing the amount of were unable to delineate the boundaries karst zone maps as occurring within undisturbed, unfragmented woodland of the unit using roads or parcel Zone 1. The unit was delineated to surrounding the cave. We were unable boundaries due to their configuration encompass the majority of the to delineate the boundaries of the unit and instead delineated the unit as a contiguous Zone 1 karst deposit using roads or parcel boundaries due to rectangle encompassing an associated with the known occupied their configuration and instead approximately 36-ha area around the known occupied cave. caves while maximizing the amount of delineated the unit as a rectangle undisturbed, unfragmented woodland in encompassing an approximately 36-ha Unit 17 the unit. The unit was enlarged to area around each of the three known include additional woodland to occupied caves. Unit 17 consists of relatively large tracts of undeveloped woodland with compensate for internal fragmentation Unit 15 only a few small private or county due to existing residential development roads. Lands adjacent to the unit are within the unit. The unit boundaries The majority of the lands within Unit also undeveloped and wooded. The unit were delineated along parcel boundaries 15 are within a subdivision. Tracts in contains one known occupied cave and existing roads. the subdivision are relatively large and (Table 2) which, along with its Unit 19 still contain wooded vegetation. Two associated preserve lands, has been The majority of the land within Unit large, wooded, undeveloped tracts are excluded from this critical habitat located east of the subdivision. The unit 19 has been developed for residential designation. Madla’s Cave and and/or commercial uses. Unit 19 is contains several residential roads, but approximately 2 ha (5 ac) surrounding no major roadways or highways. Unit 15 bordered to the east by Stone Oak Road, the cave have been acquired by La a major roadway, and to the south by contains four caves known to contain Cantera under their Section 10(a)(1)(B) listed species (Table 2). Loop 1604, also a major roadway. permit which requires that the cave and However, several undeveloped areas This unit was delineated to the surrounding preserve lands be exist on lands adjacent to the unit to the encompass at least 36 ha (90 ac) of managed in perpetuity for the northwest. Genesis Cave, the only vegetation around each of the four conservation of the listed species. Since known occupied cave within this unit known occupied caves, overlying these lands do not require additional (Table 1), is the deepest explored cave contiguous deposits of karst-bearing special management, they have been in Bexar County, extending below the rock. The majority of Unit 15 is defined excluded from critical habitat water table, and has been mapped down by Veni’s 1994 karst zone maps as designation. to 78 m (256 ft) (Veni 1988). occurring within Zone 1. The unit was This unit was delineated to The majority of Unit 19 is defined by delineated to encompass the majority of encompass at least 36 ha (90 ac) of Veni’s 1994 karst zone maps as the contiguous Zone 1 karst deposit vegetation around the known occupied occurring within Zone 1. The unit was associated with the known occupied cave, overlying a contiguous deposit of delineated to encompass the majority of caves while maximizing the amount of karst-bearing rock. Roughly half of Unit the contiguous Zone 1 karst deposit undisturbed, unfragmented woodland 17 is defined by Veni’s 1994 karst zone associated with the known occupied surrounding the cave. The unit was maps as occurring within Zone 1. The cave. The unit boundaries were enlarged to include additional unit was delineated to encompass the delineated along parcel boundaries and woodland to compensate for internal majority of the contiguous Zone 1 karst existing roads. fragmentation due to existing residential deposit associated with the known Surface vegetation within Unit 19 has development within the unit. The unit occupied caves while maximizing the been significantly reduced and degraded boundaries were delineated along parcel amount of undisturbed, unfragmented as a result of urban development, and boundaries and existing roads. woodland surrounding the cave. The intensive management may be needed to

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provide nutrients and water to the listed designated as critical habitat based on consultation with the Service. Actions species in this cave. Lands within this the presence of an intact subsurface on private or State lands receiving unit do not contain the primary environment. funding or requiring a permit from a constituent element of a healthy surface Federal agency also will be subject to Unit 21 community of native vegetation. the section 7 consultation process if the Therefore, this unit is being designated Unit 21 consists of several large tracts action may affect proposed critical as critical habitat based on the presence of undeveloped land and several smaller habitat. Federal actions not affecting the of an intact subsurface environment. tracts developed with homes and species or its proposed critical habitat, several residential roads. Mud Creek as well as actions on non-Federal lands Unit 20 runs through the unit. Three caves that are not federally funded or Numerous residential roads and one known to contain listed species occur permitted will not require section 7 major roadway, Nacogdoches Road, with Unit 21 (Table 2). consultation. Regulations implementing occur within and/or cross Unit 20. This This unit was delineated to this interagency cooperation provision unit contains one known occupied cave, encompass at least 36 ha (90 ac) of of the Act are codified at 50 CFR part Robber Baron Cave (Table 2). This cave vegetation around the three known 402. is by far the longest cave in Bexar occupied caves, overlying contiguous Section 7(a)(4) of the Act requires County consisting of approximately 1.51 deposits of karst-bearing rock. Unit 21 is Federal agencies to confer on any action km (0.94 mi) of passages known within defined by Veni’s 1994 karst zone maps likely to jeopardize the continued a square area approximately 100 m (328 as occurring within Zone 2. The unit existence of a species proposed for ft) on each side (Veni 1988). Prior to the was delineated to encompass the listing or result in destruction or extensive development that has majority of the contiguous karst deposit adverse modification of proposed occurred in the area, the cave’s footprint associated with the known occupied critical habitat. Conference reports was estimated to extend at least 100 m caves while maximizing the amount of provide conservation recommendations (328 ft) farther east to a water well, 600 undisturbed, unfragmented woodland to assist the agency in eliminating m (1,969 ft) southwest to a now-sealed, surrounding the cave. The unit was conflicts that may be caused by the extensive maze cave and about 1.2 km enlarged to include additional proposed action. The conservation (0.75 mi) to the southwest to another woodland to compensate for internal recommendations are advisory. We may well (Veni 1988). The estimated fragmentation due to existing residential issue a formal conference report, if footprint of the cave now extends development within the unit. We were requested by the Federal action agency. underneath numerous residential and unable to delineate the boundaries of Formal conference reports include an commercial developments. Intensive the unit using roads or parcel opinion that is prepared according to 50 management may be needed to provide boundaries due to their configuration CFR 402.14, as if the species was listed nutrients and water to the two listed and instead delineated the unit as a or critical habitat was designated. We species found in this cave which are rectangle encompassing an may adopt the formal conference report only known from Robber Baron Cave, approximately 36-ha area around each as the biological opinion when the making it essential to the conservation of the three known occupied caves. species is listed or critical habitat is of these species. The Texas Cave designated, if no substantial new Management Association (TCMA) now Effects of Critical Habitat Designation information or changes in the action owns and manages the cave and about Section 7 Consultation alter the content of the opinion (see 50 0.2 ha (0.5 ac) surrounding the opening. CFR 402.10(d)). TCMA, in cooperation with the Section 7(a)(2) of the Act requires If a species is listed or critical habitat Service’s Partners for Fish and Wildlife Federal agencies, including the Service, is designated, section 7(a)(2) of the Act Program, is currently working to replace to ensure that actions they fund, requires Federal agencies to ensure that the existing cave gate, which consists of authorize, or carry out do not destroy or actions they authorize, fund, or carry a concrete bunker created to deter adversely modify critical habitat. out are unlikely to jeopardize the access, with a new gate that will Destruction or adverse modification continued existence of such a species or facilitate exchange of air and nutrients occurs when a Federal action directly or destroy or adversely modify its critical into the cave as well as restrict access. indirectly alters critical habitat to the habitat. If a Federal action may affect a TCMA also plans to restore the grounds extent that it appreciably diminishes the listed species or its critical habitat, the immediately surrounding Robber Baron value of the critical habitat for both the responsible Federal agency (action Cave to a more natural state and repair survival and recovery of the species. agency) must enter into consultation the perimeter fence to regulate access. Individuals, organizations, States, local with us. Through this consultation, the The majority of Unit 20 is defined by governments, and other non-Federal Federal agency would ensure that the Veni’s 1994 karst zone maps as entities are affected by the designation permitted actions do not destroy or occurring within Zone 1. The unit was of critical habitat only if their actions adversely modify critical habitat. delineated to encompass the estimated occur on Federal lands, require a If we issue a biological opinion, extent of the cave’s subsurface drainage Federal permit, license, or other resulting from a section 7 consultation, according to Veni (1997) and a majority authorization, or involve Federal concluding that a Federal action is of the contiguous Zone 1 karst deposit funding. likely to result in the destruction or associated with Robber Baron Cave. The Section 7(a)(2) of the Act requires adverse modification of critical habitat, unit boundaries were delineated along Federal agencies to evaluate their we would also provide reasonable and parcel boundaries and existing roads. actions with respect to any species that prudent alternatives to the action, if any Surface vegetation within Unit 20 has is proposed or listed as endangered or are identifiable. Reasonable and prudent been significantly reduced and degraded threatened and with respect to its alternatives are defined at 50 CFR as a result of urban development. Lands critical habitat, if any is designated or 402.02 as alternative actions identified within this unit do not contain the proposed. Activities on Federal lands during consultation that can be primary constituent element of a that may affect the listed karst implemented in a manner consistent healthy surface community of native invertebrates or their proposed critical with the intended purpose of the action, vegetation. Therefore, this unit is being habitat will require section 7 that are consistent with the scope of the

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Federal agency’s legal authority and ground, impervious structures, however, they indicate the potential jurisdiction, that are economically and occurring in any critical habitat unit, types of activities that will require technologically feasible, and that the whether by burning, mechanical, section 7 consultation in the future and, Service’s Director believes would avoid chemical, or other means (for example, therefore, that may be affected by the destruction or adverse modification of wood cutting, grading, overgrazing, proposed designation of critical habitat. critical habitat. construction, road building, mining, To properly portray the effects of critical Regulations at 50 CFR 402.16 require herbicide application); habitat designation, we must compare Federal agencies to reinitiate (2) Alteration of the surface the section 7 requirements for actions consultation on previously reviewed topography or subsurface geology that may affect critical habitat with the actions in instances where critical within any critical habitat unit that requirements for actions that may affect habitat is subsequently designated and results in significant disruption of a listed species. All of the areas the Federal agency has retained ecosystem processes that sustain the proposed as critical habitat units are discretionary involvement or control cave environment. This may include, known to contain one or more caves over the action or such discretionary but is not limited to, such activities as occupied by one or more of the listed involvement or control is authorized by filling cave entrances or otherwise karst invertebrates. Therefore, all of the law. Consequently, some Federal reducing airflow, which limits oxygen actions described above as potentially agencies may request reinitiation of availability; modifying cave entrances, adversely affecting critical habitat are consultation with us on actions for or creating new entrances that increases also likely to adversely affect the listed which formal consultation has been airflow and results in drying; altering species. Federal agencies are already completed if those actions may affect natural drainage patterns (surface or required to consult with us on activities designated critical habitat. subsurface) that alters the amount of in areas where the species may be Activities on Federal lands that may water entering the cave or karst feature; affected to ensure that their actions do adversely affect any of the nine karst removal or disturbance of native surface not jeopardize the continued existence invertebrates or their critical habitat will vegetation; soil disturbance that results of the species. Therefore, we do not require section 7 consultation. Activities in increased sedimentation in the karst expect that the proposed designation of on private or State lands requiring a environment; increasing impervious critical habitat will result in a permit from a Federal agency, such as cover within any critical habitat unit; significant regulatory burden above that a permit from the U.S. Army Corps of and altering the entrance or opening of already in place due to the presence of Engineers (ACOE) under section 404 of the cave or karst feature in a way that the listed species. the Clean Water Act or a Construction would disrupt movements of raccoons, If you have questions regarding General permit from the U.S. opossums, cave crickets, or other whether specific activities would Environmental Protection Agency, or animals that provide nutrient input; or constitute adverse modification of some other Federal action, including otherwise negatively altering the critical habitat, please contact the funding (for example, from the Federal movement of nutrients into the cave or Acting Field Supervisor, Austin Highway Administration, Federal karst feature; Ecological Services Field Office (see the Aviation Administration, Federal (3) Discharge or dumping of FOR FURTHER INFORMATION CONTACT Emergency Management Agency chemicals, silt, pollutants, household or section). Requests for copies of the (FEMA), Natural Resources industrial waste, or other harmful regulations on listed wildlife and plants, Conservation Service (NRCS), or material into or near critical habitat and inquiries about prohibitions and Housing and Urban Development units that may affect surface plant and permits, should be directed to the U.S. (HUD)) will also continue to be subject animal communities that support karst Fish and Wildlife Service, Endangered to the section 7 consultation process. ecosystems; Species Act Section 10 Program (see Federal actions not adversely affecting (4) Pesticide or fertilizer application ADDRESSES section). listed species or critical habitat and in or near critical habitat units that actions on non-Federal lands that are drain into these karst features or that Exclusions Under Section 3(5)(A) Definition not federally funded or permitted do not affect surface plant and animal require section 7 consultation. communities that support karst Critical habitat is defined in section 3, Section 4(b)(8) of the Act requires us ecosystems. Careful use of pesticides in paragraph (5)(A) of the Act as—(i) the to evaluate briefly in any proposed or the vicinity of karst features may be specific areas within the geographic area final regulation that designates critical necessary in some instances to control occupied by a species, at the time it is habitat those activities involving a nonnative fire ants. Guidelines for listed in accordance with the Act, on Federal action that may adversely controlling fire ants in the vicinity of which are found those physical or modify such habitat or that may be karst features are available from us (see biological features (I) essential to the affected by such designation. Activities ADDRESSES section); conservation of the species and (II) that that may result in the destruction or (5) Activities within caves that lead to may require special management adverse modification of critical habitat soil compaction, changes in considerations or protection; and, (ii) include those that alter the primary atmospheric conditions, abandonment specific areas outside the geographic constituent elements to an extent that of the cave by bats or other fauna; and area occupied by a species at the time the value of critical habitat for the (6) Activities that attract or increase it is listed, upon a determination that survival and recovery of any of the nine access for fire ants, cockroaches, or such areas are essential for the karst invertebrates is appreciably other invasive predators, competitors or conservation of the species. Special reduced. Activities that may directly or potential vectors for diseases or management and protection are not indirectly adversely affect critical parasites into caves or karst features required if adequate management and habitat for these karst invertebrates within the critical habitat units (for protection are already in place. include, but are not limited to: example, dumping of garbage in or Adequate special management or (1) Removing, thinning, or destroying around caves or karst features). protection is provided by a legally perennial surface vegetation, with the Not all of the identified activities will operative plan/agreement that addresses exception of landscaping associated necessarily result in the adverse the maintenance and improvement of with existing human-constructed, above modification of critical habitat, the primary constituent elements

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important to the species and manages In selecting areas to be designated as Exclusions Under Section 4(b)(2) for the long-term conservation of the critical habitat, we attempted to exclude Section 4(b)(2) of the Act requires that species. If any areas containing the areas that have a plan that addresses the we designate critical habitat on the basis primary constituent elements are conservation needs of any of the nine of the best scientific and commercial currently being managed to address the karst invertebrate species and that meets information available, and that we conservation needs of any of the nine the guidelines described above. We consider the economic and other karst invertebrate species and do not determined that the five karst preserves relevant impacts of designating a require additional management or established by La Cantera as required by particular area as critical habitat. We protection, we may exclude such areas their section 10(a)(1)(B) permit should may exclude areas from critical habitat from the proposed rule because they be excluded based on the guidelines designation if the benefits of exclusion would not meet the definition of critical given above. These karst preserves outweigh the benefits of designation, habitat in section 3(5)(A)(i) of the Act. include Canyon Ranch preserve provided the exclusion will not result in We will use the following three (including Canyon Ranch Pit, Fat Man’s the extinction of the species. We will guidelines to determine if a plan Nightmare Cave, and Scenic Overlook conduct an economic analysis for this provides adequate management or Cave and the surrounding proposal prior to making a final protection—(1) A current plan approximately 30 ha (75 ac) (within determination. When completed, we specifying the management actions must Unit 1e); Helotes Blowhole and Helotes will announce the availability of the be complete and provide sufficient Hilltop caves and the surrounding draft economic analysis with a notice in conservation benefit to the species; (2) approximately 10 ha (25 ac) (within the Federal Register, and we will the plan must provide assurances that Unit 3); John Wagner Cave No. 3 and the provide at least a 30-day public the conservation management strategies surrounding approximately 1.6 ha (4 ac) comment period on the draft economic will be implemented; and (3) the plan (within Unit 6); Hills and Dales Pit and analysis which may fall during or after must provide assurances that the the surrounding approximately 28 ha the 90-day comment period for this conservation management strategies will (70 ac) (within Unit 8); and Madla’s proposed rule. be effective. Cave and the surrounding In determining if management approximately 2 ha (5 ac) (within Unit Public Comments Solicited strategies are likely to be implemented, 17). As required under their permit, La We intend that any final action we will consider whether: (1) A Cantera purchased these lands through resulting from this proposal be as management plan or agreement exists conservation easement and/or fee accurate and as effective as possible. that specifies the management actions simple title and will ensure that they Therefore, we solicit comments or being implemented or to be will be protected in perpetuity and suggestions from the public, other implemented; (2) there is a timely managed in accordance with the concerned governmental agencies, the schedule for implementation; (3) there conservation needs of the species. scientific community, industry, or any is a high probability that the funding We did not exclude areas that do not other interested party concerning this source(s) or other resources necessary to have a plan that provides adequate proposed rule. We are particularly implement the actions will be available; management or protection as described interested in comments concerning: and (4) the party(ies) have the authority under the guidelines above. Camp Bullis (1) The reasons why any area should and long-term commitment to the submitted a draft management plan to or should not be determined to be agreement or plan to implement the the Service for the 23 caves on DOD critical habitat as provided by section 4 management actions, as demonstrated, property that are known to contain of the Act, including whether the for example, by a legal instrument listed species. These 23 caves are benefits of designation will outweigh providing enduring protection and included within 2 proposed critical any threats to the species due to management of the lands. habitat units (Units 10 and 11). The designation; In determining whether an action is Service is currently working with Camp (2) Specific information on the likely to be effective, we will consider Bullis to determine management needed distribution of each of the nine karst whether: (1) The plan specifically to adequately protect the species and its invertebrates, and what areas are addresses the management needs, habitat. Therefore, caves on Camp Bullis essential to the conservation of these including reduction of threats to the were not excluded from the proposed species and why; species; (2) such actions have been critical habitat designation. It is our (3) Whether lands within proposed successful in the past; (3) there are understanding that the proposed critical habitat units are currently being provisions for monitoring and management plan is currently being managed to address the conservation assessment of the effectiveness of the revised. needs of these listed species management actions; and (4) adaptive If a management plan for Camp Bullis (4) Land use practices and current or management principles have been or other areas proposed as critical planned activities in the subject areas incorporated into the plan. habitat (for example, Government and their possible impacts on proposed Adequate reduction of the threat from Canyon State Natural Area), that critical habitat; non-native invasive species (for addresses the above requirements, can (5) Any foreseeable economic or other example, non-native fire ants), that are be completed and approved by us prior impacts resulting from the proposed already present, adjacent to, and/or to the end of the public comment period designation of critical habitat, in within some caves may, to some extent, for this proposed rule, these areas will particular, any impacts on small entities require different management activities. not be included in the final critical or families; Although difficult for managers to habitat designation. (6) Economic and other values control at this time, control of non- We are unaware of any other lands associated with designating critical native fire ant populations is one within the proposed critical habitat habitat for the nine karst invertebrates, requirement in determining whether an units that have a written plan for the such as those derived from non- area is being adequately managed such conservation of these species that could consumptive uses (such as, hiking, that it does not meet the definition of have been evaluated for exclusion under sight-seeing, enhanced watershed critical habitat. section 3(5)(A) of the Act. protection, improved air quality,

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increased soil retention, ‘‘existence Does the proposed rule contain not jeopardize the continued existence values,’’ and reductions in technical language or jargon that of the species. administrative costs). interferes with the clarity? (3) Does the Accordingly, we do not expect the If you wish to comment, you may format of the proposed rule (grouping designation of areas as critical habitat submit your comments and materials and order of sections, use of headings, that are within the geographical range concerning this proposal by any one of paragraphing, etc.) aid or reduce its occupied by the species to have any several methods (see ADDRESSES clarity? (4) Is the description of the incremental impacts on what actions section). proposed rule in the SUPPLEMENTARY may or may not be conducted by Our practice is to make comments, INFORMATION section of the preamble Federal agencies or non-Federal persons including names and home addresses of helpful in understanding the document? that receive Federal authorization or respondents, available for public review (5) Is the background information useful funding. The designation of areas as during regular business hours. and is the amount appropriate? (6) What critical habitat where section 7 Respondents may request that we else could we do to make the proposed consultations would not have occurred withhold their home address, which we rule easier to understand? but for the critical habitat designation will honor to the extent allowable by Send a copy of any comments that may have impacts on what actions may law. If you wish us to withhold your concern how we could make this notice or may not be conducted by Federal name and/or address, you must state easier to understand to: Office of agencies or non-Federal persons who this request prominently at the Regulatory Affairs, Department of the receive Federal authorization or funding beginning of your comment. However, Interior, Room 7229, 1849 C Street, that are not attributable to the species we will not consider anonymous NW., Washington, DC 20240. You may listing. We will evaluate any impact comments. To the extent consistent with also e-mail comments to through our economic analysis (under applicable law, we will make all [email protected]. section 4 of the Act: see the ‘‘Exclusions submissions from organizations or Under Section 4(b)(2)’’ section of this businesses, and from individuals Required Determinations rule). Non-Federal persons who do not identifying themselves as Regulatory Planning and Review have a Federal sponsorship of their representatives or officials of actions are not restricted by the organizations or businesses, available Executive Order 12866 designation of critical habitat. for public inspection in their entirety. In accordance with Executive Order (b) We do not believe this rule would Comments and materials received will (E.O.) 12866, this document is a create inconsistencies with other be available for public inspection, by significant rule and has been reviewed agencies’ actions. As discussed above, appointment, during normal business by the Office of Management and Federal agencies have been required to hours at the Austin Ecological Services Budget (OMB) in accordance with the ensure that their actions not jeopardize Field Office, Austin, Texas (see four criteria discussed below. We are the continued existence of the nine karst ADDRESSES section). preparing a draft economic analysis of invertebrates since their listing on December 26, 2000. We will evaluate Peer Review this proposed action, which will be available for public comment, to any additional impact through our In accordance with our policy determine the economic consequences economic analysis. Because of the published on July 1, 1994 (59 FR of designating specific areas as critical potential for impacts on other Federal 34270), we will seek the expert opinions habitat. The availability of the draft agencies activities, we will continue to of at least three appropriate and economic analysis will be announced in review this proposed action for any independent individuals regarding this the Federal Register so that it is inconsistencies with other Federal proposed rule. The purpose of such available for public review and agencies actions. review is to ensure critical habitat (c) We do not believe this rule, if comment. decisions are based on scientifically made final, would materially affect sound data, assumptions, and analyses. (a) While we will prepare an entitlements, grants, user fees, loan We will send copies of this proposed economic analysis to assist us in programs, or the rights and obligations rule to peer reviewers immediately considering whether areas should be of their recipients. Federal agencies are following publication in the Federal excluded from critical habitat currently required to ensure that their Register. We will invite peer reviewers designation pursuant to section 4 of the activities do not jeopardize the to comment, during the public comment Act, we do not believe this rule will continued existence of a listed species, period, on the specific assumptions and have an annual effect on the economy and, as discussed above, we will conclusions regarding the proposed of $100 million or more or adversely evaluate any additional impacts through designation of critical habitat. affect in a material way the economy, a an economic analysis. We will consider all comments and sector of the economy, productivity, (d) OMB has determined that this rule data received during the 90-day jobs, the environment, public health or raises novel legal or policy issues and, comment period on this proposed rule safety, or State, local or tribal as a result, this rule has undergone OMB during preparation of final rulemaking. communities. Therefore, we do not review. Accordingly, the final decision may believe a cost benefit and economic Regulatory Flexibility Act (5 U.S.C. 601 differ from this proposal. analysis pursuant to E.O. 12866 is required. et seq.) Clarity of the Rule Under the Act, critical habitat may Under the Regulatory Flexibility Act Executive Order 12866 requires each not be adversely modified by a Federal (5 U.S.C. 601 et seq., as amended by the agency to write regulations and notices agency action; critical habitat does not Small Business Regulatory Enforcement that are easy to understand. We invite impose any restrictions on non-Federal Fairness Act (SBREFA) of 1996), your comments on how to make this persons unless they are conducting whenever an agency is required to proposed rule easier to understand, activities funded or otherwise publish a notice of rulemaking for any including answers to questions such as sponsored or permitted by a Federal proposed or final rule, it must prepare the following: (1) Are the requirements agency. Section 7 of the Act requires and make available for public comment in the proposed rule clearly stated? (2) Federal agencies to ensure that they do a regulatory flexibility analysis that

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describes the effects of the rule on small estimating the numbers of small entities will be due to the listing of the species entities (such as, small businesses, small potentially affected, we also consider and the critical habitat designation. organizations, and small government whether their activities have any One of the proposed critical habitat jurisdictions). However, no regulatory Federal involvement; some kinds of units (Unit 11) and a portion of another flexibility analysis is required if the activities are unlikely to have any (Unit 10) are located on Federal lands. head of the agency certifies the rule will Federal involvement and so will not be Units 1a, 1b, 1c and 1d are located on not have a significant economic impact affected by critical habitat designation. GCSNA which is owned and managed on a substantial number of small Designation of critical habitat only by TPWD and Unit 9 is owned by the entities. SBREFA amended the affects activities conducted, funded, or University of Texas at San Antonio Regulatory Flexibility Act (RFA) to permitted by Federal agencies; non- (Table 2). On State lands, activities with require Federal agencies to provide a Federal activities may be affected to the no Federal involvement would not be statement of the factual basis for extent that there is a Federal nexus affected by the critical habitat certifying that the rule will not have a associated with the non-Federal activity. designation. significant economic impact on a An example of this nexus would be if Sixteen of the twenty-five units in the substantial number of small entities. a non-Federal activity required a proposed designation consist entirely of SBREFA also amended the RFA to Federal permit. In areas where the privately-owned lands and four include require a certification statement. In species is present, Federal agencies are some private lands within the unit today’s rule, we are certifying that the already required to consult with us (Table 2). On private lands, activities rule will not have a significant under section 7 of the Act on activities that lack Federal involvement would economic impact on a substantial that they fund, permit, or implement not be affected by the critical habitat number of small entities. The following that may affect any of the nine karst designation. discussion explains our rationale. invertebrates. If this critical habitat In Texas, previous consultations According to the Small Business designation is finalized, Federal under section 7 of the Act between us Association, small entities include small agencies must also consult with us if and other Federal agencies most organizations, such as independent non- their activities may affect designated frequently involve the U.S. Department profit organizations, and small critical habitat. However, we do not of Transportation (DOT), the ACOE, and governmental jurisdictions, including believe this will result in any additional the Environmental Protection Agency school boards and city and town regulatory burden on Federal agencies (EPA). governments that serve fewer than or their applicants where consultation In general, two different mechanisms 50,000 residents, as well as small would already be required due to the in section 7 consultations could lead to businesses. Small businesses include presence of the listed species, because additional regulatory requirements. manufacturing and mining concerns the duty to avoid adverse modification First, if we conclude in a biological with fewer than 500 employees, of critical habitat would not likely opinion that a proposed action is likely wholesale trade entities with fewer than trigger additional regulatory impacts to jeopardize the continued existence of 100 employees, retail and service beyond the duty to avoid jeopardizing a species or adversely modify its critical businesses with less than $5 million in the species. habitat, we can offer ‘‘reasonable and annual sales, general and heavy Even if the duty to avoid adverse prudent alternatives.’’ Reasonable and construction businesses with less than modification does not trigger additional prudent alternatives are alternative $27.5 million in annual business, regulatory impacts in areas where the actions that can be implemented in a special trade contractors doing less than species is present, designation of critical manner consistent with the scope of the $11.5 million in annual business, and habitat could result in an additional Federal agency’s legal authority and agricultural businesses with annual economic burden on small entities due jurisdiction, that are economically and sales less than $750,000. To determine to the requirement to conduct a technologically feasible, and that would if potential economic impacts to these reinitiation of a past section 7 avoid jeopardizing the continued small entities are significant, we consultation to conduct an adverse existence of listed species or resulting in consider the types of activities that modification analysis. Since the species adverse modification of critical habitat. might trigger regulatory impacts under were listed on December 26, 2000, the A Federal agency and an applicant may this rule as well as the types of project only formal section 7 consultation has elect to implement a reasonable and modifications that may result. In been an intra-Service consultation on prudent alternative associated with a general, the term significant economic the La Cantera HCP. However, we did biological opinion that has found impact is meant to apply to a typical not include the caves that La Cantera jeopardy or adverse modification of small business firm’s business received take coverage for under their critical habitat. An agency or applicant operations. section 10 permit in the proposed could alternatively choose to seek an To determine if the rule would affect critical habitat designation, so exemption from the requirements of the a substantial number of small entities, reinitiation of the intra-Service section 7 Act or proceed without implementing we consider the number of small consultation as a result of this proposed the reasonable and prudent alternative. entities affected within particular types designation is not necessary. However, unless an exemption were of economic activities (for example, In areas where the species is not obtained, the Federal agency or housing development, grazing, oil and present, designation of critical habitat applicant would be at risk of violating gas production, timber harvesting, etc.). could trigger additional review of section 7(a)(2) of the Act if it chose to We apply the ‘‘substantial number’’ test Federal activities under section 7 of the proceed without implementing the individually to each industry to Act. Since the species were listed on reasonable and prudent alternatives. determine if certification is appropriate. December 26, 2000, the only formal Secondly, if we find that a proposed In some circumstances, especially with section 7 consultation has been an intra- action is not likely to jeopardize the proposed critical habitat designations of Service consultation on the La Cantera continued existence of a listed animal very limited extent, we may aggregate HCP. For the purposes of this review species, we may identify reasonable and across all industries and consider and certification under the RFA, we are prudent measures designed to minimize whether the total number of small assuming that any future consultations the amount or extent of take and require entities affected is substantial. In in the area proposed as critical habitat the Federal agency or applicant to

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implement such measures through non- economically feasible and consistent imposes no obligations on State or local discretionary terms and conditions. We with the proposed action. We are governments. may also identify discretionary certifying that the proposed designation Takings conservation recommendations of critical habitat for the nine designed to minimize or avoid the endangered Bexar County invertebrate In accordance with Executive Order adverse effects of a proposed action on species will not have a significant 12630 (‘‘Government Actions and listed species or critical habitat, help economic impact on a substantial Interference with Constitutionally implement recovery plans, or develop number of small entities and that this Protected Private Property Rights’’), we information that could contribute to the proposed rule does not meet the criteria have analyzed the potential takings recovery of the species. under SBREFA as a major rule: implications of the proposed listing and Based on our experience with section Therefore an initial regulatory flexibility designation of critical habitat for these 7 consultations for all listed species, analysis is not required. nine karst invertebrates. The takings virtually all projects-including those implications assessment concludes that that, in their initial proposed form, Executive Order 13211 this proposed rule does not pose would result in jeopardy or adverse On May 18, 2001, the President issued significant takings implications. A copy modification determinations in section Executive Order 13211 on regulations of this assessment is available by 7 consultations-can be implemented that significantly affect energy supply, contacting the U.S. Fish and Wildlife successfully with, at most, the adoption distribution, and use. Executive Order Service, Austin Ecological Services of reasonable and prudent alternatives. 13211 requires agencies to prepare Field Office (see ADDRESSES section). These measures, by definition, must be Statements of Energy Effects when Federalism economically feasible and within the undertaking certain actions. Although In accordance with Executive Order scope of authority of the Federal agency this rule is a significant action under involved in the consultation. 13132, the rule does not have significant Executive Order 12866, it is not Federalism effects. A Federalism In summary, we have considered expected to significantly affect energy whether this proposed rule would result assessment is not required. As discussed supplies, distribution, or use since the above, the designation of critical habitat in a significant economic impact on a majority of the lands being proposed as substantial number of small entities and in areas currently occupied by the nine critical habitat occur on privately endangered karst invertebrates would find that it would not. The entire owned lands that are primarily designation involves approximately have little incremental impact on State developed for agricultural and and local governments and their 3,857 ha (9,516 ac) within 25 units, of residential uses, and not energy which approximately 1,620 ha (4,000 activities. The designations may have production or distribution. Therefore, some benefit to these governments in ac) is under federal ownership and this action is not a significant energy approximately 284 ha (700 ac) is under that the areas essential to the action and no Statement of Energy State ownership. The majority of the conservation of these species are more Effects is required. remaining acreage is under private clearly defined, and the primary ownership, but includes City of San Unfunded Mandates Reform Act (2 constituent elements of the habitat Antonio park lands, and City, County U.S.C. 1501 et seq.) necessary to the survival of the species and State right of ways, roads, and are identified. While this designation In accordance with the Unfunded municipal lands. However, probable does not alter where and what federally Mandates Reform Act (2 U.S.C. 1501 future land uses in these areas are sponsored activities may occur, it may August 25, 2000 et seq.): expected to have a Federal nexus or assist these local governments in long- require section 7 consultation (for a. This rule, as proposed, will not range planning rather than waiting for example, road and utility development ‘‘significantly or uniquely’’ affect small case-by-case section 7 consultation to projects, water crossings, etc.). These governments. A Small Government occur. projects may require Federal permits. In Agency Plan is not required. Small Civil Justice Reform these areas, Federal involvement—and governments will be affected only to the thus section 7 consultations, the only extent that any programs having Federal In accordance with E.O. 12988, the trigger for economic impact under this funds, permits, or other authorized Department of the Interior’s Office of the rule—would be limited to a subset of activities must ensure that their actions Solicitor has determined that this the area proposed. The most likely will not adversely affect the critical proposed rule does not unduly burden Federal involvement would be habitat. However, as discussed above, the judicial system and meets the associated with activities involving the these actions are currently subject to requirements of sections 3(a) and 3(b)(2) DOD, Federal Highways Administration equivalent restrictions through the of the Order. We propose to designate (FHA), DOT, the EPA, ACOE, or the listing protections of the species, and no critical habitat in accordance with the FEMA. This rule may result in project further restrictions are anticipated to provisions of the Act, and will plan modifications when proposed Federal result from critical habitat designation public hearings on the proposed activities would destroy or adversely of occupied areas. In our economic designation during the comment period, modify critical habitat. While this may analysis, we will evaluate any impact of if requested. We plan to hold at least occur, it is not expected frequently designating areas where section 7 one public hearing and the date for this enough to affect a substantial number of consultations would not have occurred hearing will be published in separate small entities. Even when it does occur, but for the critical habitat designation. notice. We also plan to hold an we do not expect it to result in a b. This rule, as proposed, will not informational meeting in Bexar County significant economic impact since we produce a Federal mandate on State, on September 10, 2002. This meeting expect that most proposed projects, with local, or tribal governments or the will take place from 6 pm to 7:30 pm at or without modification, can be private sector of $100 million or greater the Great Northwest Library, 9050 implemented in such a way as to avoid in any year; that is, it is not a Wellwood, San Antonio, Texas. We will adversely modifying critical habitat, as ‘‘significant regulatory action’’ under send letters inviting all interested the measures included in reasonable the Unfunded Mandates Reform Act. individuals to attend and will advertise and prudent alternatives must be The designation of critical habitat the meeting in the area newspaper. The

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

Species When Critical Special Historic range Vertebrate 1 Status Common name Scientific name listed habitat rules

******* * INSECTS ******* * Beetle, Helotes mold ...... Batrisodes venyivi ...... U.S.A. (TX) NA E 706 19.95(i) NA ******* * Beetle, [no common name] ...... Rhadine exilis ...... U.S.A. (TX) NA E 706 19.95(i) NA Beetle, [no common name] ...... Rhadine infernalis ...... U.S.A. (TX) NA E 706 19.95(i) NA ******* * ARACHNIDS ******* * Harvestman, Cokendolpher Cave Texella cokendolpher ...... U.S.A. (TX) NA E 706 19.95(g) NA Meshweaver, Braken Bat Cave ..... Cicurina venii ...... U.S.A. (TX) NA E 706 19.95(g) NA Meshweaver, Government Canyon Cicurina vespera ...... U.S.A. (TX) NA E 706 19.95(g) NA Bat Cave. Meshweaver, Madia Cave ...... Cicurina madla ...... U.S.A. (TX) NA E 706 19.95(g) NA Meshweaver, Robber Baron Cave Cicurina baronia ...... U.S.A. (TX) NA E 706 19.95(g) NA ******* * Spider, Government Canyon Bat Neoleptoneta microps ...... U.S.A. (TX) NA E 706 19.95(g) NA Cave. ******* * 1 Vertebrate population where endangered or threatened.

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3. Amend § 17.95 by adding, in the g. In paragraph (i), critical habitat for constituent elements and the exclusion same alphabetical order as these species the ground beetle (no common name), of existing structures and associated occur in § 17.11(h): (Rhadine exilis); landscaping as described in paragraphs a. In paragraph (g), critical habitat for h. In paragraph (i), critical habitat for (2) and (3) under the ground beetle the Cokendolpher cave harvestman the ground beetle (no common name), Rhadine exilis are identical for this (Texella cokendolpheri); (Rhadine infernalis); and species. b. In paragraph (g), critical habitat for i. In paragraph (i), critical habitat for the Helotes mold beetle (Batrisodes Cokendolpher Cave Harvestman the Robber Baron Cave meshweaver (Texella cokendolpheri) (Cicurina baronia); venyivi). c. In paragraph (g), critical habitat for § 17.95 Critical habitat—fish and wildlife. (1) Critical habitat for the the Madla Cave meshweaver (Cicurina Cokendolpher cave harvestman occurs * * * * * in Unit 20 as described below and madla); (g) Arachnids. * * * d. In paragraph (g), critical habitat for depicted on Map 1 found under the the Braken Bat Cave meshweaver Braken Bat Cave Meshweaver ground beetle (Rhadine exilis) and Map (Cicurina venii); (Cicurina venii) 8 below. The primary constituent e. In paragraph (g), critical habitat for (1) Critical habitat for the Braken Bat elements and exclusion of existing the Government Canyon Bat Cave Cave meshweaver in Bexar County, structures and associated landscaping as meshweaver (Cicurina vespera); Texas, occurs in Unit 15 which is described in paragraphs (2) and (3) f. In paragraph (g), critical habitat for described in the text and depicted on under the ground beetle Rhadine exilis the Government Canyon Bat Cave spider Maps 1 and 7 under the ground beetle are identical for this species. (Neoleptoneta microps); (Rhadine infernalis). The primary BILLING CODE 4310–55–P

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(2) Surface vegetation within Unit 20 continuing west along the north side of beetle Rhadine exilis and paragraph (2) has been significantly reduced and Basse Road to the point of origin. under the ground beetle Rhadine infernalis are identical for this species. degraded as a result of urban Government Canyon Bat Cave development. Lands within this unit do Meshweaver (Cicurina vespera) (2) Unit 1c (47 ha (116 ac)): Unit not contain the primary constituent consists of four boundary points with element of a healthy surface community (1) Critical habitat for the Government the following coordinates in Texas State of native vegetation. Therefore, this unit Canyon Bat Cave meshweaver in Bexar Plane (South Central) in feet, referenced is being designated as critical habitat County, Texas, occurs in unit 1b which to North American Horizontal Datum based solely on the presence of an intact is described in the text and depicted on 1983 (NAD 83): 2049690.24023, subsurface environment. Maps 1 and 2 under the ground beetle 13758634.2779; 2047438.24023, (Rhadine exilis). The primary 13758634.2779; 2049690.24023, (3) Unit 20—(160 ha (395 ac)): From constituent elements and the exclusion 13756382.2779; 2047438.24023, a point at the intersection of Basse Road of existing structures and associated 13756382.2779. and Peter Baque Road (2136763, landscaping as described in paragraphs 13728730), north along the east side of (2) and (3) under the ground beetle Robber Baron Cave Meshweaver Peter Baque Road, then east along the Rhadine exilis are identical for this (Cicurina baronia) south side of Lorenz Road, then north species. along the east side of Broadway, and (1) Critical habitat for the Robber Government Canyon Bat Cave Spider continuing east along the south side of Baron Cave meshweaver in Bexar (Neoleptoneta microps) East Sunset Road to a point at 2139684, County, Texas, occurs in Unit 20 which 13732380. From this point, north to (1) Critical habitat for the Government is described in the text and depicted in Court Circle and continuing north along Canyon Bat Cave Spider (Neoleptoneta Map 8 found under the Cokendolpher cave harvestman as well as Map 1 found the east side of Court Circle, then east microps) in Bexar County, Texas, occurs under the ground beetle (Rhadine along the south side of Lawndale in units 1a and 1b which are described exilis). The criteria upon which Unit 20 Avenue to New Braunfels and in the text and depicted on Maps 1 and was designated as described in continuing north along the east side of 2 under the ground beetle (Rhadine paragraph (2) under Cokendolpher cave New Braunfels to Oakhurst. From this infernalis). The primary constituent harvestman is identical for this species. point, east along the south side of elements and the exclusion of existing The primary constituent elements and Oakhurst to Nacogdoches, then north structures and associated landscaping as the exclusion of existing structures and along the east side of Nacogdoches to described in paragraphs (2) and (3) associated landscaping as described in Country and continuing east along the under the ground beetle Rhadine exilis are identical for this species. paragraphs (2) and (3) under the ground south side of Country to a point at beetle (Rhadine exilis) are identical for Cicurina 2142805, 13734290. From this point, Madla Cave Meshweaver ( this species. south to a point at Woodridge Drive madla) * * * * * (2142796, 13733617), then continuing (1) Critical habitat for the Madla Cave (i) Insects. * * * south along the west side of Woodridge meshweaver in Bexar County, Texas, Drive to Oakleaf Drive, then west along occurs in units 2, 3, 5, 8, and 10 which Ground Beetle (No Common Name), the north side of Oakleaf Drive to are described under the ground beetle (Rhadine exilis) Woodbine, then continuing south along (Rhadine exilis) and Unit 17 which is the west side of Woodbine to Larkwood described under the ground beetle (1) Critical habitat for the ground Drive and continuing west along the (Rhadine infernalis). In addition, critical beetle (Rhadine exilis) in Bexar County, north side of Larkwood to New habitat for the Madla Cave meshweaver Texas, occurs in units 1b, 1e, 2, 3, 4, 5, Braunfels. From this point, south along occurs in Unit 1c as described below. 6, 7, 8, 9, 10, 11, 12, 13, and 21 as the west side of New Braunfels to These units are depicted on Maps 1, 2, described below and as depicted on Robinhood Place and west along the 3, 4, and 5 found under the ground Maps 1, 2, 3, 4, 5, and 6 below. All north side of Robinhood Place to La beetle (Rhadine exilis). The primary coordinates are given in Texas State Sombra, then continuing south on the constituent elements, the exclusion of Plane (South Central) in feet, referenced west side of La Sombra to Claywell existing structures and associated to North American Horizontal Datum Drive. From this point, west along the landscaping, and the exclusion of lands 1983 (NAD 83). Coordinates were north side of Claywell Drive to that do not meet the definition of derived from recent digital Nacogdoches and north along the east critical habitat as described in orthophotographs. side of Nacogdoches to Basse Road, then paragraphs (2) and (3) under the ground BILLING CODE 4310–55–C

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BILLING CODE 4310–55–P

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(2) Within these areas the primary 13752062.707; 2041327.74934, 13763518.531; 2070444.69905, constituent elements include: (a) the 13752062.707. 13761074.316; 2067706.57475, physical features of karst-forming rock (6) Unit 1e—(341 ha (842 ac)): From 13761075.054. containing subterranean spaces with a point at 2050035, 13759440 at the (10) Unit 5—(47 ha (116 ac): Unit stable temperatures, high humidities western corner of property number consists of four boundary points with (near saturation) and suitable substrates 902601605 east along the northern side the following coordinates in Texas State (for example, spaces between and of this property to a point at 2053120, Plane (South Central) in feet, referenced underneath rocks suitable for foraging 13760090 the continuing northwest to North American Horizontal Datum and sheltering), and (b) the biological along the west side of property numbers 1983 (NAD 83): 2067655.77864, features of a healthy surface community 902601605, 323075421, and 323075422 13771578.6572; 2065403.77864, of native plants (for example, juniper- to at point at 2051713, 13762282. From 13771578.6572; 2067655.77864, oak woodland) and animals (for this point, northeast along the north 13769326.6572; 2065403.77864, example, cave crickets) surrounding the side of property numbers 323075422 13769326.6572. karst feature that provides nutrient and 902601659 at a point at 2052904, (11) Unit 6—(45 ha (111 ac): Unit input and buffers the karst ecosystem 13763744 then east to a point at consists of four boundary points with from adverse effects (from, for example, 2057992, 13761497. From this point, the following coordinates in Texas State non-native species invasions, along the east side of property number Plane (South Central) in feet, referenced contaminants, and fluctuations in 323075422 it its intersection with to North American Horizontal Datum temperature and humidity). property number 902601607 at point 1983 (NAD 83): 2072498.41982, (3) Existing human-constructed, above 2055759, 13761684 and continuing 13770816.0997; 2070213.53298, ground, impervious structures and along the north and east sides of this 13770816.0997; 2072523.11604, associated landscaping within the property to its intersection with 13768630.4844; 2070213.53298, boundaries of mapped units do not property number 328074996 a point at 13768630.4844. contain the primary constituent 2056900, 13756956. From this point, (12) Unit 7—(50 ha (123 ac): Unit elements and are not considered to be west across property number 328074996 consists of four boundary points with critical habitat. Such features and to a point at 2054491, 13756784, then the following coordinates in Texas State structures include but are not limited to southwest to a point at 2053656, Plane (South Central) in feet, referenced buildings, paved roads, and lawns. 13755987 then continuing south along to North American Horizontal Datum However, areas below ground under the east side of property number 1983 (NAD 83): 2075042.48817, these structures and associated 902601605 to a point at 2053217, 13777212.4498; 2072740.24441, landscaping are considered to be critical 13753954. From this point, along the 13777212.4498; 2075042.48817, habitat since subterranean spaces west side of property number 13774888.2263; 2072720.54786, containing these species and/or 902601605 and continuing to the point 13774894.8227. transmitting moisture and nutrients of origin. (13) Unit 8—(174 ha (428 ac): From a through the karst ecosystem extend, in (7) Unit 2—(99 ha (245 ac)): From a point 2079943.53971, 13767755.6785 some cases, underneath these existing point northeast of Bandera Road at along the east side of Kyle Seale human-constructed structures. 2056212, 13772285 and along the Parkway to a point at 2082440.28711, (4) Seven caves and their associated northwest boundary of parcel numbers 13767779.6857, south to a point at preserve lands established under the La 102700035,102700038 and 304031966 2082429.79996, 13767253.8126 then Cantera section 10(a)(1)(B) permit were to a point at 2059148.29808, east to a point at 2082818.17238, excluded from the proposed critical 13775208.8182. From this point, 13767241.1953. From this point, along habitat designation. These include southeast to a point at 2060764.66944, the northern side of parcel number Canyon Ranch Pit, Fat Man’s Nightmare 13773969.8333 then along the eastern 309072242 southeast to a point at Cave, and Scenic Overlook Cave and the boundaries of parcel numbers 2084641.50301, 13765539.4201, south surrounding approximately 30 ha (75 314033835, 327077286, 327077287, to a point at 2084605.03639, ac) (within Unit 1e); Helotes Blowhole 102800425, and 102700316 to a point at 13764652.0659 then west to a point at and Helotes Hilltop caves and the 2057993.6191, 13770481.7691. From 2083790.61538, 13764615.5992. From surrounding approximately 10 ha (25 this point, northwest to the point of this point south along the west side of ac) (within Unit 3); John Wagner Cave origin. White Fawn Drive and continuing No. 3 and the surrounding (8) Unit 3—(63 ha (154 ac)): From the southwest along the north side of Wild approximately 4 acres (within Unit 6); southeastern corner of the intersection Eagle Road to its intersection with Hills and Dales Pit and the surrounding of Bandera Road and Whip-O-Will Way Cotton Tail. From this point, west to a approximately 28 ha (70 ac) (within (2064533, 13762115) along the south point at 2079949.46553, 13762062.9364 Unit 8). As required under their permit, side of Whip-O-Will Way to its then continuing north to the point of La Cantera purchased these karst intersection with Scenic Loop Road origin. preserves through conservation (2067284, 13762583), then continuing (14) Unit 9—(71 ha (175 ac): From at easement and/or fee simple title and south along the west, northwest side of point at 2090191, 13761607, roughly the will ensure that they will be preserved Scenic Loop Road to its intersection intersection of an unnamed tributary of in perpetuity and managed in with Bandera Road (2066368, Leon Creek and the south side of the accordance with the conservation needs 13759105). From this point, north along Loop 1604 access road, to the of the species. the east side of Bandera Road to the intersection of the access road and (5) Unit 1b—(47 ha (116 ac)): Unit point of origin. Regency Boulevard (2093082, consists of four boundary points with (9) Unit 4—(63 ha (154 ac): Unit 13762048). From this point, south along the following coordinates in Texas State consists of four boundary points with the west side of Regency Boulevard to Plane (South Central) in feet, referenced the following coordinates in Texas State its intersection with UTSA Boulevard to North American Horizontal Datum Plane (South Central) in feet, referenced (2092690, 13758365), then west along 1983 (NAD 83): 2043579.74934, to North American Horizontal Datum the north side of UTSA Boulevard to a 13754314.707; 2041327.74934, 1983 (NAD 83): 2070429.51759, point at 2091449, 13758365, roughly the 13754314.707; 2043579.74934, 13763548.8939; 2067696.85493, intersection of UTSA Boulevard and the

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unnamed tributary of Leon Creek. From parcel number 311074749. From this northeast to a point at 2151140.41879, this point, north along the unnamed point, continuing along the southwest 13780827.5667 and continuing north to tributary to the point of origin. boundary of this parcel across Cactus the point of origin. (15) Unit 10—(367 ha (906 ac)): From Bluff and along the southwest boundary (19) Unit 21—(155 ha (382 ac)): Unit a point at 2098282, 13772161 at the of parcel number 311074761 to a point consists of four boundary points with southwest corner of parcel number at 2137298, 13778787 at the west side the following coordinates in Texas State 900200036 north along the western of Mud Creek and continuing northeast Plane (South Central) in feet, referenced boundary of this parcel and parcel along the west side of Mud Creek to a to North American Horizontal Datum number 308042407 to its intersection point at 2138316, 13780237. From this 1983 (NAD 83): 2138699.75321, with Camp Bullis Road then continuing point, crossing parcel number 13788566.4781; 2135213.28358, east along the south side of Camp Bullis 308040085 and Evans Road to a point at 13788585.4663; 2138699.75321, Road/Military Road to a point at 2138477, 13780521. From this point, 13783861.5804; 2135213.28358, 2105279, 13775376. From this point, in northeast along a straight line to a point 13783753.9781. at 2139612, 13782045, then southeast to a straight line southwest to a point at Ground Beetle (No Common Name), a point at 2141858, 13781138 on the 2100600, 13772093 and continuing west (Rhadine infernalis) along a straight line to the point of west side of U.S. 281 then continuing origin. southwest along straight line to the (1) Critical habitat for the ground (16) Unit 11—(1,273 ha (3,143 ac)): point of origin. beetle (Rhadine infernalis) in Bexar From a point at 2109871, 13786962 east (18) Unit 13—(51 ha (125 ac)): From County, Texas, occurs in units 1b, 1e, 2, to its intersection with Blanco Road a point at 2151154.85239, 3, 4, 5, 6, 8, and 10 which are described (2120517, 13787010), then south along 13781383.2606 on the west side of the under the ground beetle (Rhadine the west side of Blanco Road to a point right-of-way of Bulverde Road, east exilis). In addition, critical habitat for at 2121336, 13775793. From this point along the south side of Ridgeway Drive the ground beetle (Rhadine infernalis) west to the southeast corner of parcel to a point at 2151768.28065, occurs in units 1a, 1d, 14, 15, 16, 17, 18, number 308042407, then west along this 13781397.6942 then southeast to a point and 19, as described below. These units parcel boundary to a point at 2107371, at 2152129.1208, 13780885.3011. From are depicted on Maps 1, 2, 3, 4, 5, and 13776670, then north to Davis (2107420, this point, east along the north side of 6 found under the ground beetle 13778177). From this point, north, parcel number 327077436 to a point at (Rhadine exilis) and on Map 7 below. northeast along Davis to the point of 2153655.9118, 13781029.8389, south at The primary constituent elements, the origin. a point at 2153780.292, 13779672.9217 exclusion of existing structures and (17) Unit 12—(105 ha (258 ac)): From then south west to a point at associated landscaping, and the a point at 2140092, 13777425 at the 2150481.68089, 13778900.3523. From exclusion of lands that do not meet the west side of U.S. 281 northwest in a this point, north to a point at definition of critical habitat as described straight line to a point at 2139015, 2150462.0393, 13780127.5368, in paragraphs (2), (3), and (4) under the 13777798 and continuing northwest in northeast to a point at 2150916.69789, ground beetle Rhadine exilis are a straight line to a point at 2137707, 13780416.209, northwest to a point at identical for this species. 13778176 at the southwest corner of 2150815.66265, 13780618.2794 then BILLING CODE 4310–55—P

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BILLING CODE 4310–55–C

VerDate Aug<23>2002 14:34 Aug 26, 2002 Jkt 197001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\27AUP2.SGM 27AUP2 EP27AU02.007 Federal Register / Vol. 67, No. 166 / Tuesday, August 27, 2002 / Proposed Rules 55099

(2) Within Unit 17, one cave and its From this point, north along a straight of Cash Mountain to the point at surrounding preserve area (Madla’s line to a point at 2042634, 13706518 at 2069624, 13761023. From this point, Cave and the surrounding the south end of Honey Oaks and southeast along a straight line to the approximately 2 ha (5 ac)) was excluded continuing along the east side of Honey intersection with Rafter South Trail at a from the proposed critical habitat Oaks to Sleepy Oaks then along the point at 2070338, 13759988, then along designation. As required by their section south side of Sleepy Oaks to its the north side of Rafter South Trail to 10(a)(1)(B) permit, La Cantera purchased intersection with Oak Village. From this its intersection with Bar X Trail. From this karst preserve and will ensure that point, continuing north along the east this point, southwest along a straight it will be preserved in perpetuity and side of Oak Village to Pheasant Drive, line to a point at 2067849, 13758117, managed in accordance with the then northeast along a straight line to a then northwest to Old Scenic Loop Road conservation needs of the species. point at 2043413, 13708727 and (2067231, 13758743) and continuing (3) Surface vegetation within Unit 19 continuing along the same line to a north along the southeast side of the has been significantly reduced and point at 2047835, 13708557 on the west road to the point of origin. degraded as a result of urban side of Talley Road, and continuing (11) Unit 19—(59 ha (146 ac)): From development. Lands within this unit do south along the west side of Talley Road a point at 2125364, 13769352 where the not contain the primary constituent to a point at 2048750, 13704509 and Loop 1604 access road intersects element of a healthy surface community continuing west along a straight line to Panther Springs Creek, north along of native vegetation. Therefore, this unit the point of origin. Panther Springs Creek to a point at is being designated as critical habitat (8) Unit 16—(61 ha (152 ac)): Unit 2127295, 13770776, then continuing based solely on the presence of an intact consists of four boundary points with northeast along a straight line to a point subsurface environment. the following coordinates in Texas State at 2127967, 13771448 at the southern (4) Unit 1a—(76 ha (188 ac)): Unit Plane (South Central) in feet, referenced end of Sonterra Boulevard. From this consists of four boundary points with to North American Horizontal Datum point, north and east along the east side the following coordinates in Texas State 1983 (NAD 83): 2061031.60542, of Sonterra Boulevard to its intersection Plane (South Central) in feet, referenced 13714210.5326; 2057866.88036, with Stone Oak Parkway (2129268, to North American Horizontal Datum 13714211.0248; 2061031.60542, 13771861), then continuing south along 1983 (NAD 83): 2046534.1202, 13712132.5655; 2057845.30553, the west side of Stone Oak Parkway to 13761922.7115; 2043576.6972, 13712123.6599. its intersection with the Loop 1604 13761922.7116; 2046534.1202, (9) Unit 17—(48 ha (118 ac)): From a access road and continuing west along 13759160.7825; 2043576.6972, point 2063406, 13766153 and a straight line to the point of origin. 13759144.7312. continuing along the western boundary (5) Unit 1d—(47 ha (116 ac)): Unit of parcel numbers 102800326 and Helotes mold beetle (Batrisodes consists of four boundary points with 307020398 and along the west and north venyivi) the following coordinates in Texas State boundaries of parcel number 102800384 (1) Critical habitat for the Helotes Plane (South Central) in feet, referenced to a point at the northeast corner of mold beetle in Bexar County, Texas, to North American Horizontal Datum parcel number 102800384 (2064828, occurs in units 1e, 3, and 5 which are 1983 (NAD 83): 2051979.54342, 13768192). From this point, continuing described in the text and depicted on 13753424.1693; 2049727.54342, along the northern boundary of parcel Maps 1, 2, and 3 found under the 13753424.1693; 2051979.54342, numbers 327075063 and 327075065 to ground beetle (Rhadine exilis). The 13751172.1693; 2049727.54342, the northeast corner of parcel number primary constituent elements, the 13751172.1693. 327075065 (2066218, 13768044), then exclusion of existing structures and (6) Unit 14—(173 ha (426 ac)): Unit south along the east boundary of parcel associated landscaping, and the consists of four boundary points with numbers 327075065, 102800456, and exclusion of lands that do not meet the the following coordinates in Texas State 102800326 to a point at 2065992, definition of critical habitat as described Plane (South Central) in feet, referenced 13765864, then continuing west across in paragraphs (2), (3), and (4) under the to North American Horizontal Datum parcel number 102800326 to the point ground beetle Rhadine exilis are 1983 (NAD 83): 2037495.68795, of origin. identical for this species. 13714343.6913; 2033513.40946, (10) Unit 18—(40 ha (100 ac)): From * * * * * 13714379.0476; 2037458.92845, the intersection of Old Scenic Loop 13709675.2356; 2033521.81129, Road and Scenic Loop Road (2067675, Dated: August 3, 2002. 13709675.2356. 13760046), northeast along the northern Craig Manson, (7) Unit 15—(195 ha (481 ac)): From boundary of parcel number 507100487 Assistant Secretary for Fish and Wildlife and a point at 2044508, 13704550 and to the intersection on Monarch Drive Parks. continuing along the east side of Rolling and Cash Mountain (2068346, [FR Doc. 02–21477 Filed 8–26–02; 8:45 am] View to a point at 2042620, 13705900. 13760229), then along the southern side BILLING CODE 4310–55–P

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