41088 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations

* * * * * Executive Summary and suggestions to improve the final [FR Doc. 2012–17020 Filed 7–11–12; 8:45 am] listing and critical habitat rule. Why we need to publish a rule. Under BILLING CODE 6560–50–P We sought public comment on the the Endangered Species Act, a species designation. During the first comment may warrant protection through listing period, we received five comment if it is endangered or threatened DEPARTMENT OF THE INTERIOR letters directly addressing the proposed throughout all or a significant portion of listing and critical habitat designation. Fish and Wildlife Service its range. The Chupadera springsnail During the second comment period, we (Pyrgulopsis chupaderae) qualifies for received two comment letters 50 CFR Part 17 listing as endangered based on threats to addressing the proposed listing and its habitat and its very limited range, critical habitat designation. We received [Docket No. FWS–R2–ES–2011–0042; which makes it more susceptible to no comments during the third comment 4500030113] extinction. period, nor any comments regarding the RIN 1018–AV86 This rule designates the Chupadera draft economic analysis or draft springsnail as endangered with critical environmental assessment. habitat. We are listing the Chupadera Endangered and Threatened Wildlife Background and Plants; Determination of springsnail as endangered. In addition, Endangered Status for the Chupadera we are designating critical habitat for It is our intent to discuss below only Springsnail and Designation of Critical the species in two units on private those topics directly relevant to the Habitat property totaling 0.7 hectares (1.9 acres) listing of the Chupadera springsnail as in Socorro County, New Mexico. endangered in this section of the final AGENCY: Fish and Wildlife Service, The Endangered Species Act provides rule. Interior. the basis for our action. Under the Previous Federal Actions ACTION: Final rule. Endangered Species Act, we can We identified the Chupadera determine that a species is endangered SUMMARY springsnail as a candidate for listing in : We, the U.S. Fish and or threatened based on any of the the May 22, 1984, Notice of Review of Wildlife Service, determine endangered following five factors: (A) The present or Invertebrate Wildlife for Listing as status for the Chupadera springsnail and threatened destruction, modification, or Endangered or Threatened Species designate critical habitat for the species curtailment of its habitat or range; (49 FR 21664). Candidates are those under the Endangered Species Act of (B) overutilization for commercial, fish, wildlife, and plants for which we 1973, as amended. The effect of this rule recreational, scientific, or educational have on file sufficient information on is to conserve the Chupadera springsnail purposes; (C) disease or predation; (D) biological vulnerability and threats to and its habitat under the Endangered the inadequacy of existing regulatory Species Act. support preparation of a listing mechanisms; or (E) other natural or proposal, but for which development of DATES: This rule becomes effective on manmade factors affecting its continued August 13, 2012. a listing regulation is precluded by other existence. higher priority listing activities. The ADDRESSES: This final rule and We have determined that the Chupadera springsnail was petitioned associated final economic analysis and Chupadera springsnail is endangered by for listing on November 20, 1985, and final environmental assessment are habitat loss and degradation of aquatic was found to be warranted for listing available on the Internet at http:// resources, particularly decreases in but precluded by higher priority www.regulations.gov or http:// spring flow due to drought and ongoing activities on October 4, 1988 (53 FR www.fws.gov/southwest/es/NewMexico/. and future groundwater pumping in the 38969). The Chupadera springsnail has Comments and materials received, as surrounding area, habitat degradation been included in all of our subsequent well as supporting documentation used from livestock grazing, and springhead annual Candidate Notices of Review in preparing this final rule, are available modification. (54 FR 554, January 6, 1989; 56 FR for public inspection, by appointment, We prepared an economic analysis. 58804, November 21, 1991; 59 FR during normal business hours, at the To ensure that we consider the 58982, November 15, 1994; 61 FR 7595, U.S. Fish and Wildlife Service, New economic impacts, we prepared an February 28, 1996; 62 FR 49397, Mexico Ecological Services Field Office, economic analysis of the designation of September 19, 1997; 64 FR 57533, 2105 Osuna Rd. NE., Albuquerque, NM critical habitat. We published an October 25, 1999; 66 FR 54807, October 87113; telephone 505–346–2525; announcement and solicited public 30, 2001; 67 FR 40657, June 13, 2002; facsimile 505–346–2542. comments on the draft economic 69 FR 24875, May 4, 2004; 70 FR 24869, FOR FURTHER INFORMATION CONTACT: analysis. The analysis found no May 11, 2005; 71 FR 53755, September Wally ‘‘J’’ Murphy, Field Supervisor, economic impact of the designation of 12, 2006; 72 FR 69033, December 6, U.S. Fish and Wildlife Service, New critical habitat beyond an unquantified 2007; 73 FR 75175, December 10, 2008; Mexico Ecological Services Field Office, ‘‘stigma effect’’ to land values. 74 FR 57803, November 9, 2009; 75 FR 2105 Osuna Rd. NE., Albuquerque, NM We requested peer review of the 69221, November 10, 2010; and 76 FR 87113; telephone 505–346–2525; methods used in our designation. We 66370, October 26, 2011). In 2002, the facsimile 505–346–2542. If you use a specifically requested that three listing priority number was increased telecommunications device for the deaf knowledgeable individuals with from 8 to 2 in accordance with our (TDD), call the Federal Information scientific expertise in desert spring priority guidance published on Relay Service (FIRS) at 800–877–8339. ecosystems or related fields review the September 21, 1983 (48 FR 43098). A SUPPLEMENTARY INFORMATION: This scientific information and methods that listing priority of 2 reflects a species document consists of: (1) A final rule to we used when we proposed the species with threats that are both imminent and list the Chupadera springsnail as as endangered. The peer reviewers high in magnitude. On August 2, 2011, endangered and (2) a final critical generally concurred with our methods we published a proposed rule to list the habitat designation for the Chupadera and conclusions and provided Chupadera springsnail as endangered springsnail. additional information, clarifications, with critical habitat (76 FR 46218), and

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 41089

on January 20, 2012, we published a Snails in the family Hydrobiidae were per second (m/s) (0.03 to 0.6 feet per notice of availability of the draft once much more widely distributed second (ft/s)) (Lang 2009, p. 1). In 1998, environmental assessment and draft during the wetter Pleistocene Age (1.6 when Willow Spring was visited by economic analysis and reopened the million to 10,000 years ago). As ancient New Mexico Game and Fish biologists, comment period for the proposed rule lakes and streams dried, springsnails the springbrook was 0.5 to 2 meters (m) (77 FR 2943). Finally, on May 1, 2012, became patchily distributed across the (1.6 to 6.6 feet (ft)) wide, 6 to 15 we reopened the comment period for landscape in geographically isolated centimeters (cm) (2.4 to 6 in) deep, and the proposed rule and its associated populations exhibiting a high degree of approximately 38 m (125 ft) long, documents for an additional 15 days endemism (species found only in a upstream of where it entered a pond (77 FR 25668). particular region, area, or spring) created by a berm (small earthen dam) (Bequart and Miller 1973, p. 214; Taylor across the springbrook (Lang 2009, p. 1). Species Information 1987, pp. 5–6; Shepard 1993, p. 354; The current status of the population at The Chupadera springsnail Hershler and Sada 2002, p. 255). Willow Spring is unknown because (Pyrgulopsis chupaderae) is a tiny Hydrobiid snails occur in springs, seeps, access has been denied by the (1.6 to 3.0 millimeters (mm) (0.06 to marshes, spring pools, outflows, and landowner since 1999, despite requests 0.12 inches (in)) tall) freshwater snail diverse flowing water habitats. for access to monitor the springsnail (Taylor 1987, p. 25; Hershler 1994, p. Although Hydrobiid snails as a group (Carman 2004, pp. 1–2; 2005, pp. 1–5; 30) in the family Hydrobiidae. The are found in a wide variety of aquatic NMDGF 2007, p. 12). Prior surveys pigmentation of the body and habitats, they are sensitive to water show the springsnail population to be operculum (covering over the shell quality, and each species is usually locally abundant and stable at this opening) of this species is much more found within relatively narrow habitat location through 1999 (Lang 1998, p. 36; parameters (Sada 2008, p. 59). Proximity Lang 1999, p. A5), with average intense than in any other species in the ± to spring vents, where water emerges densities in 1997–1998 of 23,803 genus Pyrgulopsis (Taylor 1987, p. 26). ± The Chupadera springsnail was first from the ground, plays a key role in the 17,431 per square meter (2,211 1,619 described by Taylor (1987, life history of springsnails. Many per square foot) (NMDGF 2011, p. 2). pp. 24–27) as Fontelicella chupaderae. springsnail species exhibit decreased The landowner recently provided Hershler (1994, pp. 11, 13), in his abundance farther away from spring qualitative information in response to review of the genus Pyrgulopsis, found vents, presumably due to their need for the 2011 proposed rule (76 FR 46218) that the species previously assigned to stable water chemistry (Hershler 1994, that a springsnail, presumed to be the the genus Fontelicella had the p. 68; Hershler 1998, p. 11; Hershler and Chupadera springsnail, continues to appropriate morphological Sada 2002, p. 256; Martinez and Thome occur at the springhead, although not in characteristics for inclusion in the genus 2006, p. 14). Several habitat parameters high numbers, and is abundant in the springbrook (Highland Springs Ranch, Pyrgulopsis and formally placed them of springs, such as substrate, dissolved LLC 2011, p. 4). At the unnamed spring, within that genus. Preliminary genetic carbon dioxide, dissolved oxygen, the species was originally discovered in information confirms that the temperature, conductivity, and water 1986 (Stefferud 1986, p. 1) and reported Chupadera springsnail is a valid species depth, have been shown to influence the from this location again in 1993 (Hershler et al. 2010, p. 246). distribution and abundance of Pyrgulopsis (O’Brien and Blinn 1999, (Melhop 1993, p. 11). However, Springsnails are strictly aquatic, and repeated sampling between 1995 and pp. 231–232; Mladenka and Minshall respiration occurs through an internal 1997 yielded no snails, and the habitat 2001, pp. 209–211; Malcom et al. 2005, gill. Springsnails in the genus at that spring has been significantly p. 75; Martinez and Thome 2006, Pyrgulopsis are egg-layers with a single degraded (devoid of riparian vegetation pp. 12–15; Lysne et al. 2007, p. 650). small egg capsule deposited on a hard due to trampling by cattle, and the Dissolved salts such as calcium surface (Hershler 1998, p. 14). The benthic habitat was covered with carbonate may also be important factors larval stage is completed in the egg manure) (Lang 1998, p. 59; Lang 1999, because they are essential for shell capsule, and upon hatching, the snails p. B13). Therefore, the species is likely formation (Pennak 1989, p. 552). emerge into their adult habitat (Brusca extirpated from this unnamed spring and Brusca 1990, p. 759; Hershler and The Chupadera springsnail is (NMDGF 1996, p. 16; Lang 1999, Sada 2002, p. 256). The snail exhibits endemic to Willow Spring and an p. B13). separate sexes; physical differences are unnamed spring of similar size 0.5 Springsnail dispersal is primarily noticeable between them, with females kilometers (km) (0.3 miles (mi)) north of limited to aquatic habitat connections being larger than males. Because of their Willow Spring at the southeast end of (Hershler et al. 2005, p. 1755). Once small size and dependence on water, the Chupadera Mountains in Socorro extirpated from a spring, natural significant dispersal likely does not County, New Mexico (Taylor 1987, p. recolonization of that spring or other occur, although on rare occasions 24; Mehlhop 1993, p. 3; Lang 1998, p. nearby springs is very rare. aquatic snails have been transported by 36). The two springs where the becoming attached to the feathers and Chupadera springsnail has been Summary of Comments and feet of migratory birds (Roscoe 1955, documented are on two hillsides where Recommendations p. 66; Dundee et al. 1967, pp. 89–90; groundwater discharges flow through We requested written comments from Hershler et al. 2005, p. 1763). Hydrobiid volcanic gravels containing sand, mud, the public on the proposed listing of the snails feed primarily on periphyton, and aquatic plants (Taylor 1987, Chupadera springsnail and the proposed which is a complex mixture of algae, p. 26). Water temperatures in areas of designation of critical habitat for the bacteria, and microbes that occurs on the springbrook (the stream flowing Chupadera springsnail during three submerged surfaces in aquatic from the springhead) currently occupied comment periods. The first comment environments (Mladenka 1992, pp. 46, by the springsnail range from 15 to 25 period associated with the publication 81; Allan 1995, p. 83; Hershler and Sada degrees Celsius (°C) (59 to 77 degrees of the proposed rule (76 FR 46218) 2002, p. 256; Lysne et al. 2007, p. 649). Fahrenheit (°F)) over all seasons (as opened on August 2, 2011, and closed The lifespan of most aquatic snails is 9 measured in 1997 to 1998). Water on October 3, 2011. We also requested to 15 months (Pennak 1989, p. 552). velocities range from 0.01 to 0.19 meters comments on the proposed critical

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES 41090 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations

habitat designation, associated draft Our Response: Under section Act (5 U.S.C. 601 et seq.) prior to economic analysis, and associated 4(b)(1)(A) of the Endangered Species publication of the proposed rule. environmental assessment during a Act of 1973, as amended (Act; 16 U.S.C. Our Response: We were unable to comment period that opened January 1531 et seq.), we must base a listing determine if an initial regulatory 20, 2012, and closed on February 21, decision solely on the best scientific and flexibility analysis was necessary prior 2012 (77 FR 2943). Finally, on May 1, commercial data available. The to completion of the draft economic 2012, we reopened the comment period legislative history of this provision analysis. After considering the draft for an additional 15 days (77 FR 25668). clearly states the intent of Congress to economic analysis, we certified in the We did not receive any requests for a ensure that listing decisions are ‘‘based January 20, 2012 (77 FR 2943, p. 2946), public hearing, and none was held. solely on biological criteria and to publication that an initial regulatory During the first comment period, we prevent non-biological criteria from flexibility analysis is not required. received five comment letters directly affecting such decisions’’ (House of Compliance with the Regulatory addressing the proposed listing and Representatives Report Number 97–835, Flexibility Act is part of this final rule critical habitat designation. During the 97th Congress, Second Session 19 and can be found under the subheading second comment period, we received (1982)). Therefore, we are not able to of ‘‘Regulatory Flexibility Act (5 U.S.C. two comment letters addressing the consider the potential efficacy of listing 601 et seq.)’’. proposed listing and critical habitat a species under the Act when making (4) Comment: Two commenters designation. During the third comment this determination. If a species meets suggested that we not designate the period, we received no comment letters. the definition of endangered or unnamed spring as critical habitat for We received no comments regarding the threatened based on a review of the best the Chupadera springsnail because the draft economic analysis or draft available scientific information, then we species has been extirpated and habitat does not currently exist at the site. environmental assessment. All must list that species under the Act. Our Response: To be included in the substantive information provided There is no discretion under the Act to make a not warranted finding based on critical habitat designation, unoccupied during the comment periods has either habitat must be considered to be a perception that the protections been incorporated directly into this final essential for the conservation of the afforded by the Act would not be determination or is addressed below. Chupadera springsnail. We considered effective. Comments we received were grouped the importance of the unnamed spring into eight general issues specifically (2) Comment: One peer reviewer to the overall status of the species to relating to the proposed listing status or suggested that, since we have no prevent extinction and contribute to proposed critical habitat designation for information about the Chupadera recovery, whether the unnamed spring the Chupadera springsnail and are springsnail or its habitat since 1999, we could be restored to contain the addressed in the following summary should presume that other natural or necessary physical and biological and incorporated into the final rule as manmade factors (Factor E) may be a features to support the Chupadera appropriate. threat. springsnail, and whether a population Peer Review Our Response: Under Factor E, we could be reestablished at the site. found that the best scientific and Although the unnamed spring has been In accordance with our peer review commercial information available excavated and currently exists as a pool policy published on July 1, 1994 (59 FR indicates that climate change may and downstream marsh, we believe the 34270), we solicited expert opinions exacerbate current threats to the site could be restored to provide from three knowledgeable individuals Chupadera springsnail but that climate suitable habitat for the Chupadera with scientific expertise that included change is not a threat in and of itself. springsnail. Because the species only familiarity with the species, the We did not find other natural or exists at one other site, the geographic region in which the species manmade factors that warranted reintroduction of the snail at this occurs, and conservation biology evaluation under Factor E. The lack of unnamed spring would provide principles. We received responses from recent information does not necessitate protection against extinction due to all three peer reviewers. presuming there are other natural or catastrophic events and contribute to its We reviewed all comments received manmade factors threatening the recovery. As a result, we have included from the peer reviewers for substantive species. the unnamed spring in this final critical issues and new information regarding Comments From States habitat designation, as we believe it is critical habitat for the Chupadera essential for the conservation of the springsnail. The peer reviewers We received one comment letter from species. generally concurred with our methods the New Mexico Department of Game (5) Comment: Two commenters and conclusions and provided and Fish regarding the proposal to list pointed out that the information additional information, clarifications, and designate critical habitat for the regarding the species’ population and suggestions to improve the final Chupadera springsnail, indicating their numbers is more than 10 years old and listing and critical habitat rule. Peer support for listing and critical habitat suggested we rely on more recent survey reviewer comments are addressed in the designation. Additional information information. following summary and incorporated regarding population status and species Our Response: We agree that recent into the final rule as appropriate. biology was also included in the letter, information would be more informative and that information has been of the population’s status, but State of Peer Reviewer Comments incorporated into the appropriate New Mexico and Service biologists have (1) Comment: One peer reviewer and sections of this rule. not been allowed access to the springs one commenter noted that, while the since 1999, despite repeated requests. Public Comments loss of groundwater is the biggest threat Under the Act, we must use the best to the Chupadera springsnail, (3) Comment: One commenter was available scientific and commercial protections afforded by the Endangered concerned that we did not complete an information to inform our listing Species Act are not sufficient to initial regulatory flexibility analysis decisions; in this case, the data up ameliorate this threat. pursuant to the Regulatory Flexibility through 1999 is the best available

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 41091

information about the species and its (2) The landowner of Willow Spring 2007, p. 2). Also, in Pecos County, habitat. provided qualitative information about Texas, two large spring systems (6) Comment: One commenter the current habitat at Willow Spring and (Comanche Springs and Leon Springs) questioned whether the Chupadera the current presence of the Chupadera were completely lost to drying when springsnail ever occurred at the springsnail, which we have irrigation wells were activated in the unnamed spring and why we stated the incorporated into this rule. supporting local aquifer (Scudday 1977, pp. 515–516). Spring drying or flow species has been known from Willow Summary of Factors Affecting the reduction from groundwater pumping Spring since 1979 when the species was Species described in 1987. has also been documented in the Our Response: The Chupadera Section 4 of the Act and its Roswell (August 9, 2005; 70 FR 46304) springsnail was documented from the implementing regulations (50 CFR part and Mimbres Basins (Summers 1976, unnamed spring in 1986 (Stefferud 424) set forth the procedures for adding pp. 62, 65) of New Mexico. 1986, p. 1). Additionally, while the species to the Federal Lists of Area groundwater use may Chupadera springsnail was not Endangered and Threatened Wildlife significantly increase due to Highland described in the peer-reviewed and Plants. A species may be Springs Ranch, a developing literature until 1987 (Taylor 1987, pp. determined to be an endangered or subdivision in the immediate vicinity of 24–26), it was first collected in 1979 by threatened species due to one or more Chupadera springsnail habitat. D.W. Taylor and R.H. Weber (Taylor of the five factors described in section Beginning in 1999, Highland Springs 1987, p. 24). 4(a)(1) of the Act: (A) The present or Ranch is being developed in four phases threatened destruction, modification, or (7) Comment: One commenter asked if with approximately 650 lots ranging curtailment of its habitat or range; (B) we proposed to designate a buffer from 8 hectares (ha) (20 acres (ac)) to 57 overutilization for commercial, around the springhead, springbrook, ha (140 ac). There is no central water recreational, scientific, or educational seeps, ponds, and seasonally wetted system, so each homeowner is purposes; (C) disease or predation; (D) meadow, and if so, how far from these responsible for drilling individual water the inadequacy of existing regulatory features the buffer extended. wells. In Highland Springs Ranch, mechanisms; or (E) other natural or homeowners are entitled to 629 cubic Our Response: We did not propose to manmade factors affecting its continued meters (0.51 acre-feet) of water per year designate a buffer around the spring existence. Listing actions may be (New Mexico Office of the State features. We identified a coordinate for warranted based on any of the above Engineer (NMOSE) 2009, p. 1). each spring and proposed to designate threat factors, singly or in combination. Although the NMOSE offered a as critical habitat the springhead, Each of these factors is discussed below. positive opinion determining that springbrook, small seeps and ponds, sufficient groundwater is available to A. The Present or Threatened seasonally wetted meadow, and all of supply the needs of the subdivision for the associated spring features. To Destruction, Modification, or 40 years (Highland Springs, LLC 2011, determine the approximate area of the Curtailment of Its Habitat or Range p. 2), the NMOSE bases that decision on critical habitat, we used satellite The principal threats to the habitat of water availability, not on ensuring imagery to roughly calculate the area of Chupadera springsnail at Willow Spring spring flow. Because of the proximity of the spring features surrounding those include groundwater depletion, the subdivision to Willow Spring (the coordinates. livestock grazing, and spring northern boundary of one of the lots (8) Comment: One commenter modification (Lang 1998, p. 59; NMDGF (42A) of Mountain Shadows, a phase of suggested that, in lieu of listing, the 2002, p. 45). These threats are Highland Springs Ranch, is Service buy the land surrounding intensified by the fact that the species’ approximately 91 m (300 ft) from Willow Spring. known historic range was only two Willow Spring), it appears likely that Our Response: The Act requires us to small springs, and it has been extirpated groundwater pumping could affect the determine if the Chupadera springsnail from one of the known locations. Other discharge from the spring through is in danger of extinction throughout all potential threats, such as fire and depletion of groundwater. Under normal or a significant portion of its range at the recreational use at the springs, were conditions, Willow Spring has a very time we conduct a review of the species. considered, but no information was small discharge (Lang 2009, p. 1), and, Any future conservation actions, such as found that indicated these may be therefore, any reduction in available purchasing land, if the landowner is affecting the species at this time. habitat from declining spring flows willing, or land management efforts to would be detrimental to the Chupadera Groundwater Depletion ameliorate threats, will be evaluated as springsnail. Given the proximity of the part of the recovery planning process Habitat loss due to groundwater unnamed spring (0.5 km (0.3 mi)) to after the species is listed. depletion threatens the Chupadera Willow Spring, and because they both springsnail. Since spring ecosystems Summary of Changes From Proposed were historically occupied by the rely on water discharged to the surface Rule Chupadera springsnail, we believe both from underground aquifers, springs are fed by the same groundwater Since the publication of the August 2, groundwater depletion can result in the aquifer. Thus, groundwater depletion 2011, proposed rule to list the destruction of habitat by the drying of that would affect spring flow at Willow Chupadera springsnail as endangered springs and cause the loss of spring Spring would also likely affect the with critical habitat (76 FR 46218), we fauna. For example, groundwater unnamed spring. have made the following changes: depletion from watering a lawn adjacent The Bosque del Apache National (1) The New Mexico Department of to a small spring (Snail Spring) in Wildlife Refuge western boundary is Game and Fish provided us with more Cochise County, Arizona, has reduced located about 0.8 km (0.5 mi) east of the detailed information regarding the habitat availability of the San spring where Chupadera springsnail Chupadera springsnail population and Bernardino springsnail (Pyrgulopsis occurs, providing protection from habitat at Willow Spring, and we bernardina) at that location because of development and groundwater updated the biological information in the loss of flowing water to the spring depletion for much of the land east of this rule accordingly. (Malcom et al. 2003, p. 18; Cox et al. the spring. Therefore, any development

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES 41092 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations

activities that may deplete groundwater Livestock Grazing when the springhead is tapped to direct are likely to occur in areas west of the It is estimated that livestock grazing the flow into a pipe and then into a tank springs. has damaged approximately 80 percent or a pond, when excavation around the In addition, any decreases in regional of stream and riparian ecosystems in the springhead creates a pool, inundating the springhead, or when the springbrook precipitation due to prolonged drought western United States (Belsky et al. is dammed to create a pool downstream will further stress groundwater 1999, p. 419). The damage occurs from increased sedimentation, decreased of the springbrook. Because springsnails availability and increase the risk of are typically most abundant at the diminishment or drying of the springs. water quality, and trampling and overgrazing stream banks where springhead where water chemistry and The current, multiyear drought in the water quality are normally stable, any succulent (high water content) forage western United States, including the modification of the springhead could be exists (Armour et al. 1994, p. 10; Southwest, is the most severe drought detrimental to springsnail populations. Fleischner 1994, p. 631; Belsky et al. recorded since 1900 (Overpeck and In addition, any modification or 1999, p. 419). Livestock grazing within Udall 2010, p. 1642). In addition, construction done at the springhead spring ecosystems can alter or remove numerous climate change models could also affect individuals springsnail habitat, resulting in predict an overall decrease in annual downstream through siltation of habitat. restricted distribution or extirpation of precipitation in the southwestern Because springsnails are typically found springsnails. For example, cattle United States and northern Mexico in shallow flowing water, inundation trampling at a spring in Owens Valley, (see discussion under Factor E, Climate that alters springsnail habitat by California, reduced banks to mud and Change, below). Recent regional drought changing water depth, velocity, sparse grass, limiting the occurrence of may have affected habitat for Chupadera substrate composition, vegetation, and the endangered Fish Slough springsnail springsnail. For example, the extreme water chemistry can cause population (Pyrgulopsis perturbata) (Bruce and reduction or extirpation. For example, drought of 2002 resulted in drying White 1998, pp. 3–4). Poorly managed streams across the State, with nearly all inundation has negatively affected livestock use of springbrooks can populations of other springsnails such of the major river basins in New Mexico directly negatively affect springsnails at historic low flow levels (New Mexico as Koster’s springsnail (Juturnia kosteri) through contamination of aquatic and Roswell springsnail (Pyrgulopsis Drought Task Force 2002, p. 1). Because habitat from feces and urine, habitat of our inability to access Willow Spring, roswellensis) at Bitter Lake National degradation of the springbrook by Wildlife Refuge and caused their we do not have information on how this trampling of substrate and loss of drought affected the Chupadera extirpation from North Spring in Chaves aquatic and riparian vegetation, and County, New Mexico (NMDGF 2004, springsnail. crushing of individual springsnails. p. 33; 70 FR 46304, August 9, 2005). Drought affects both surface and When the species was first collected The springheads at both Willow groundwater resources and can lead to at the unnamed spring in 1986, Spring and the unnamed spring have diminished water quality (Woodhouse Stefferud (1986, p. 1) reported that the been modified through impoundment of and Overpeck 1998, p. 2693; MacRae et spring was already a series of small the springbrooks and, at Willow Spring, al. 2001, pp. 4, 10), in addition to stock tanks for cattle and horses with to maintain a pump and improve water reducing groundwater quantities. The very little riparian vegetation. Lang delivery systems to cattle (Lang 1998, small size of the springbrooks where the (1998, p. 59) reported that the unnamed p. 59). At Willow Spring, it appears that Chupadera springsnail resides (1.5 m spring was heavily impacted by cattle springbrook impoundment has only (5 ft) wide or less) makes them because it was devoid of riparian occurred downstream of the source, particularly susceptible to drying, vegetation, and the gravel and cobbles leaving some appropriate springbrook increased water temperatures, and were covered with mud and manure. It habitat intact upstream (Taylor 1987, freezing. The springs do not have to appears that overgrazing and access to p. 26). At the last visit to the Willow cease flowing completely to have an the aquatic habitat of the spring by Spring in 1999, the habitat at the spring adverse effect on springsnail livestock may have caused the was of sufficient quality to sustain the extirpation of the Chupadera springsnail populations. Because these springs are Chupadera springsnail, but any population from this unnamed spring so small, any reductions in the flow subsequent alterations could be (NMDGF 1996, p. 16; Lang 1999, p. A5). rates from the springs can reduce the catastrophic for the species. Spring Grazing was occurring at Willow Spring available habitat for the springsnails, modification, either at the springhead or in 1999 (the last time the spring was increasing the species’ risk of in the springbrook, is a threat to the visited) (Lang 1999, p. A5). The Chupadera springsnail. extinction. Decreased spring flow can landowner has indicated that cattle lead to a decrease in habitat availability, ranching continues to occur in areas of Small, Reduced Range an increase in water temperature Highland Springs Ranch, but that no The geographically small range of the fluctuations, a decrease in dissolved grazing is currently occurring within or Chupadera springsnail increases the risk oxygen levels, and an increase in adjacent to Willow Spring (Highland of extinction from any effects associated salinity (MacRae et al. 2001, p. 4). Water Springs, LLC 2011, p. 3). Continued use with other threats (NMDGF 2002, p. 1). temperatures and factors such as of the springs by livestock, if it is When species are limited to small, dissolved oxygen in springs do not occurring at Willow Spring or the isolated habitats, like the Chupadera typically fluctuate under natural unnamed spring we are designating as springsnail in one small desert spring conditions, and springsnails are critical habitat in this rule, presents a system, they are more likely to become narrowly adapted to spring conditions substantial threat to the Chupadera extinct due to a local event that and are sensitive to changes in water springsnail. negatively effects the population quality (Hershler 1998, p. 11). (Shepard 1993, pp. 354–357; McKinney Groundwater depletion can lead to loss Spring Modification 1997, p. 497; Minckley and Unmack and degradation of Chupadera Spring modification occurs when 2000, pp. 52–53). springsnail habitat and presents a attempts are made to increase flow The natural historic range of the substantial threat to the species. through excavation at the springhead, Chupadera springsnail includes only

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 41093

two small spring sites. As a result of B. Overutilization for Commercial, regulations. An example would be State habitat alteration at the unnamed Recreational, Scientific, or Educational governmental actions enforced under a spring, the species now occurs only at Purposes State statute or constitution, or Federal Willow Spring (Lang 1999, p. B13). We There are very few people who are action under statute. Having evaluated the significance of have very limited information on the interested in or study springsnails, and the threat as mitigated by any such current status of the species because those who do are sensitive to their rarity conservation efforts, we analyze under access to Willow Spring has been and endemism. Consequently, continually denied since 1999 (Carman Factor D the extent to which existing collection for scientific or educational regulatory mechanisms are inadequate 2004, p. 1–2; Carman 2005, p. 1–5; purposes is very limited. As far as we NMDGF 2007, p. 12). The springsnail is to address the specific threats to the know, because the Chupadera species. Regulatory mechanisms, if they limited to aquatic habitats in small springsnail occurs on private land with spring systems and has minimal exist, may reduce or eliminate the limited access, there has been no impacts from one or more identified mobility, so it is unlikely its range will collection of individuals since 1999, ever expand. As a result, if the threats. In this section, we review when NMDGF made its last collection existing State and Federal regulatory population at Willow Spring were (Lang 2000, p. C5). There are no known extirpated for any reason, the species mechanisms to determine whether they commercial or recreational uses of the effectively reduce or remove threats to would be extinct, since there are no springsnails. For these reasons, we find other sources of this springsnail from the Chupadera springsnail. that the Chupadera springsnail is not New Mexico State law provides some which to recolonize. This situation threatened by overutilization for limited protection to the Chupadera makes the magnitude of impact of any commercial, recreational, scientific, or springsnail. The species is listed as a possible threat very high. In other educational purposes. New Mexico State endangered species, words, the resulting effects of any of the C. Disease or Predation which are those species ‘‘whose threat factors under consideration here, prospects of survival or recruitment even if they are relatively small on a The Chupadera springsnail is not within the state are likely to become temporal or geographic scale, could known to be affected or threatened by jeopardized in the near future’’ (NMDGF result in complete extinction of the any disease. At the time the spring was 1988, p. 1). This designation provides species. last surveyed, no nonnative predatory protection under the New Mexico Therefore, because the Chupadera species were present. However, any Wildlife Conservation Act of 1974 (the springsnail is restricted to a single small future introduction of a nonnative State’s endangered species act) (19 site, it is particularly susceptible to species into the habitat of the NMAC 33.6.8), but only prohibits direct extinction if its habitat is degraded or Chupadera springsnail could be take of species, except under issuance of destroyed. While the small, reduced catastrophic to the springsnail. The a scientific collecting permit. No permit range does not represent an Chupadera springsnail has an extremely has been issued for taking this species. independent threat to the species, it small and reduced range, and The New Mexico Wildlife Conservation does substantially increase the risk of introduction of a nonnative predator or Act defines ‘‘take’’ or ‘‘taking’’ as extinction from the effects of all other competitor carries an increased risk of ‘‘harass, hunt, capture, or kill any threats, including those addressed in resulting in extinction of the Chupadera wildlife or attempt to do so’’ (17 NMAC this analysis, and those that could occur springsnail. Because there are no known 17.2.38). In other words, New Mexico in the future from unknown sources. nonnative species present, we find that State status as an endangered species the Chupadera springsnail is not only conveys protection from collection Summary of Factor A currently threatened by disease or or intentional harm to the animals predation. themselves but does not provide habitat In summary, the Chupadera protection. Because most of the threats springsnail is threatened by the present D. The Inadequacy of Existing Regulatory Mechanisms to the Chupadera springsnail are from destruction and modification of its effects to its habitat, in order to protect habitat and range. Groundwater Under this factor, we examine individuals and ensure their long-term depletion due to new wells from nearby whether existing regulatory mechanisms conservation and survival, their habitat subdivision developments, in addition are inadequate to address the threats to must be protected. Therefore, this to droughts, is likely resulting in the species discussed under the other existing regulation is inadequate to reduced flow at the spring that supports factors. Section 4(b)(1)(A) of the Act mitigate the impacts of identified threats the species. Livestock grazing has likely requires the Service to take into account to the species. Namely, the existing New resulted in the extirpation of the species ‘‘those efforts, if any, being made by any Mexico Wildlife Conservation Act will from habitat alteration and State or foreign nation, or any political not prevent modification to the habitat contamination at one of these springs subdivision of a State or foreign nation, of the Chupadera springsnail. and may continue in the future. Finally, to protect such species * * *.’’ We We also considered whether there springhead and springbrook interpret this language to require the were any other regulations that might modification have affected Chupadera Service to consider relevant Federal, address the identified threats to the springsnail habitat at Willow Spring, State, and tribal laws, plans, regulations, species. In particular, we searched for and further modification may have Memoranda of Understanding (MOUs), State laws or local ordinances that occurred since the last visit to this site Cooperative Agreements, and other such would prevent groundwater pumping in in 1999. Because of the extremely small mechanisms that may minimize any of the subdivisions adjacent to Willow and reduced range of the species, these the threats we describe in threat Spring from affecting spring flows in the threats have an increased risk of analyses under the other four factors, or habitat of the Chupadera springsnail. resulting in extinction of the Chupadera otherwise enhance conservation of the The water supply for subdivision homes springsnail. These threats are already species. We give strongest weight to comes from individual wells, and each occurring, they affect the full historical statutes and their implementing well in the Highland Springs Ranch range of the species, and they result in regulations and management direction subdivisions may pump up to 629 cubic the species being at risk of extinction. that stems from those laws and meters (0.51 acre feet) per year (NMOSE

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES 41094 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations

2009, p. 1). We found that the New vegetation can also impact springsnail in at least the past 1,300 years (IPCC Mexico Office of the State Engineer habitats. For example, this has been 2007, p. 5). It is very likely that over the evaluates proposed water delivery identified as a factor responsible for past 50 years, cold days, cold nights, systems if the proposed system is in an localized extirpations of populations of and frosts have become less frequent area designated as a domestic well the federally endangered Pecos over most land areas, and hot days and management area (Utton Transboundary assiminea (Assiminea pecos), a snail in hot nights have become more frequent Resources Center 2011, p. 3). The land New Mexico, due to vegetation removal (IPCC 2007, p. 8). Data suggest that heat being developed around Willow Spring that resulted in soil and litter drying, waves are occurring more often over has not been designated as such and thereby making the habitat unsuitable most land areas, and the frequency of therefore does not provide protections (Taylor 1987, pp. 5, 9). heavy precipitation events has increased to the habitat of Chupadera springsnail. Likewise, nonnative mollusks have over most areas (IPCC 2007, pp. 8, 15). As discussed in Factor A above, affected the distribution and abundance The IPCC (2007, pp. 12, 13) predicts inadequate spring flow due to pumping of native mollusks in the United States. that changes in the global climate of the groundwater aquifer by Of particular concern for the Chupadera system during the 21st century will very homeowners is a threat to the habitat of springsnail is the red-rim melania likely be larger than those observed the Chupadera springsnail, and the (Melanoides tuberculata), a snail that during the 20th century. For the next current regulatory mechanisms in place can reach tremendous population sizes two decades, a warming of about 0.2 °C do not alleviate this threat. and has been found in isolated springs (0.4 °F) per decade is projected (IPCC Additionally, habitat degradation from in the west (McDermott 2000, pp. 13– 2007, p. 12). Afterwards, temperature livestock grazing is also a threat to the 16; Ladd 2010, p. 1; U.S. Geological projections increasingly depend on Chupadera springsnail, and there are no Survey 2010, p. 1). The red-rim melania specific emission scenarios (IPCC 2007, regulatory mechanisms to protect the has caused the decline and local p. 13). Various emissions scenarios springs from the effects of livestock extirpation of native snail species, and suggest that by the end of the 21st grazing, and so none are evaluated for it is considered a threat to endemic century, average global temperatures are their adequacy. aquatic snails that occupy springs and expected to increase 0.6 °C to 4.0 °C (1.1 streams in the Bonneville Basin of Utah °F to 7.2 °F), with the greatest warming E. Other Natural or Manmade Factors (Rader et al. 2003, p. 655). It is easily expected over land (IPCC 2007, p. 15). Affecting Its Continued Existence transported on fishing gear or aquatic However, the growth rate of carbon Other natural or manmade factors plants, and because it reproduces dioxide emissions continues to affecting the continued existence of the asexually (individuals can develop from accelerate and is above even the most Chupadera springsnail include unfertilized eggs), a single individual is fossil fuel intensive scenario used by the introduced species and climate change. capable of founding a new population. IPCC (Canadell et al. 2007, p. 18866; These threats are intensified by the fact It has become established in isolated Global Carbon Project 2008, p. 1), that the species’ known historical range desert spring ecosystems such as Ash suggesting that the effects of climate was only two small springs, and it has Meadows, Nevada, San Solomon Spring change may be even greater than those been extirpated from one of the known and Diamond Y Spring, Texas, and projected by the IPCC. locations. Cuatro Cie´negas, Mexico. In many In consultation with leading scientists Introduced Species locations, this exotic snail is so from the Southwest, the New Mexico numerous that it covers the bottom of Office of the State Engineer prepared a Introduced species are a serious threat the small stream channel. If the red-rim report for the Governor of New Mexico to native aquatic species (Williams et al. melania were introduced into Willow (NMOSE 2006), which made the 1989, p. 18; Lodge et al. 2000, p. 7). Spring, it could outcompete and following observations about the impact Because the distribution of the eliminate the Chupadera springsnail. of climate change in New Mexico: Chupadera springsnail is so limited, and None of these nonnative species is (1) Warming trends in the American its habitat so restricted, introduction of known to occur in the habitats of the Southwest exceed global averages by certain nonnative species into its habitat Chupadera springsnail at this time, and about 50 percent (p. 5); could be devastating. Saltcedar so potential impacts have not been (2) Models suggest that even moderate (Tamarix spp.) threatens spring habitats realized. While any of these species, or increases in precipitation would not primarily through the amount of water others, could threaten the Chupadera offset the negative impacts to the water it consumes and from the chemical springsnail if they were introduced to supply caused by increased temperature composition of the leaves that drop to the small habitats of the species, (p. 5); the ground and into the springs. nonnative species are not considered a (3) Temperature increases in the Saltcedar leaves that fall to the ground current threat to the Chupadera Southwest are predicted to continue to and into the water add salt to the springsnail. be greater than the global average (p. 5); system, as their leaves contain salt and glands (DiTomaso 1998, p. 333). Climate Change (4) The intensity, frequency, and Additionally, dense stands of common According to the Intergovernmental duration of drought may increase (p. 7). reed (Phragmites australis) choke small Panel on Climate Change (IPCC 2007, One of the primary effects of climate stream channels, slowing water velocity p. 5), ‘‘[w]arming of the climate system change on the Chupadera springsnail is and creating more pool-like habitat; this is unequivocal, as is now evident from likely to be associated with groundwater habitat is not suitable for Chupadera observations of increases in global availability that supports the spring springsnail, which are found in flowing average air and ocean temperatures, flows in its habitat. There is high water. Finally, Russian thistle (Salsola widespread melting of snow and ice, confidence that many semiarid areas tragis; tumbleweed) can create problems and rising global average sea level.’’ The like the western United States will in spring systems by being blown into average Northern Hemisphere suffer a decrease in water resources due the channel, slowing flow, and temperatures during the second half of to climate change (Kundzewicz et al. overloading the system with organic the 20th century were very likely higher 2007, p. 175). Consistent with the material (Service 2005, p. 2). The than during any other 50-year period in outlook presented for New Mexico, control and removal of nonnative the last 500 years and likely the highest Hoerling (2007, p. 35) reports that

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 41095

modeling indicates that a 25 percent Spring, Rosenberg et al. (1999, p. 688) endangered throughout its range. The decline in stream flow will occur from found that groundwater recharge will be loss of one of two known populations, 2006 to 2030, and a 45 percent decline reduced in the face of climate change. the ongoing threat of modification of the will occur from 2035 to 2060 in the They also found that Ogallala aquifer habitat at the only known remaining site Southwest, compared to stream flows water levels have been directly (Willow Spring) from grazing and spring between 1990 and 2005. Milly et al. correlated with annual precipitation modification, and the imminent threat (2005, p. 349) project a 10 to 30 percent over time (Rosenberg et al. 1999, p. 679) of groundwater depletion posed by decrease in runoff in mid-latitude and concluded that changes in climate subdivision development adjacent to the western North America by the year could profoundly affect the accessibility spring places this species at great risk of 2050, based on an ensemble of 12 and reliability of water supplies from extinction. The small, reduced climate models. Solomon et al. (2009, the aquifer. We anticipate that the distribution of the Chupadera p. 1707) predict precipitation amounts aquifer that supplies water to springsnail heightens the danger of in the southwestern United States and Chupadera springsnail habitat may also extinction due to threats from Factor A northern Mexico will decrease by as be susceptible to climate change- (specifically loss of spring flow, much as 9 to 12 percent (measured as induced changes in precipitation. livestock grazing, and spring percentage of change in precipitation In summary, the Chupadera modification). Additionally, the existing per degree of warming, relative to 1900 springsnail could be affected by the regulatory mechanisms are not adequate to 1950 as the baseline period). combined effects of global and regional to ameliorate known threats (Factor D). Christensen et al. (2007, p. 888) state, climate change, along with the The existing threats are exacerbated by ‘‘The projection of smaller warming increased probability of long-term the effects of ongoing and future climate over the Pacific Ocean than over the drought. However, we are not able to change, primarily due to the projected continent * * * is likely to induce a predict with certainty how these increase in droughts. Because these decrease in annual precipitation in the indirect effects of climate change will threats are ongoing now or are southwestern USA and northern affect Chupadera springsnail habitat imminent, and their potential impacts to Mexico.’’ In addition, Seager et al. because we lack specific information on the species would be catastrophic given (2007, p. 1181) show that there is a the groundwater system that provides the very limited range of the species, we broad consensus among climate models water to the species’ spring habitat. find that a designation of endangered, that the Southwest will get drier in the However, we conclude that climate rather than threatened, is appropriate. 21st century and that the transition to a change may be a significant stressor that The Act defines an endangered more arid climate is already under way. indirectly exacerbates existing threats species as ‘‘any species which is in Only one of 19 models has a trend by increasing the likelihood of danger of extinction throughout all or a toward a wetter climate in the prolonged drought that would reduce significant portion of its range.’’ In Southwest (Seager et al. 2007, p. 1181). groundwater availability and incur considering ‘‘significant portion of the A total of 49 projections were created future habitat loss. As such, climate range,’’ a key part of this analysis in using the 19 models, and all but three change, in and of itself, may affect the practice is whether the threats are predicted a shift to increasing aridity springsnail, but the severity and geographically concentrated in some (dryness) in the Southwest as early as immediacy (when the impacts occur) of way. If the threats to the species are 2021 to 2040 (Seager et al. 2007, the impacts remain uncertain. We essentially uniform throughout its range, no portion is likely to warrant p. 1181). These research results indicate conclude that climate change is not further consideration. Based on the that the Southwest can be expected to currently a threat to the Chupadera threats to the Chupadera springsnail be hotter and drier in the future, likely springsnail, but it has the potential to be throughout its entire limited range (one negatively affecting the water resources, a threat in the foreseeable future, and spring), we find that the species is in including spring ecosystems such as impacts from climate change in the danger of extinction throughout all of its Willow Spring. future will likely exacerbate the current and ongoing threat of habitat loss range, based on the immediacy, severity, It is anticipated that the effects of caused by other factors, as discussed and scope of the threats described climate change will also lead to greater above. above. The species is designated as human demands on scarce water endangered, rather than threatened, sources while at the same time leading Summary of Factor E because the threats are occurring now or to decreasing water availability because The Chupadera springsnail is not are imminent, and their potential of increased evapotranspiration (water currently threatened by other natural or impacts to the species would be drawn up by plants from the soil that manmade factors. However, any future catastrophic given the very limited evaporates from their leaves), reduced introduction of harmful nonnative range of the species, making the soil moisture, and longer, hotter species could have severe effects on the Chupadera springsnail at risk of summers (Archer and Predick 2008, species. In addition, the effects of extinction at the present time. Because p. 25; Karl et al. 2009, pp. 47, 52). climate change, while difficult to threats extend throughout its entire Climate change will likely reduce quantify at this time, are likely to range, it is unnecessary to determine if groundwater recharge through reduced exacerbate the current and ongoing it is in danger of extinction throughout snowpack and perhaps through threat of habitat loss caused by other a significant portion of its range. increased severity in drought factors, particularly the loss of spring Therefore, on the basis of the best (Kundzewicz et al. 2007, p. 175; flows resulting from prolonged drought. available scientific and commercial Stonestrom and Harrill 2008, p. 21). information, we designate the Determination There is currently no information to Chupadera springsnail as endangered quantify the likely effects of climate We have carefully assessed the best throughout its range in accordance with change on the groundwater system that scientific and commercial information sections 3(6) and 4(a)(1) of the Act. supports the springs where the available regarding the past, present, Chupadera springsnail occurs. However, and future threats to the Chupadera Available Conservation Measures in a study of the Ogallala aquifer, a springsnail and have determined that Conservation measures provided to much larger aquifer east of Willow the species warrants listing as species listed as endangered or

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES 41096 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations

threatened under the Act include Implementation of recovery actions consultation with the Service. For the recognition, recovery actions, generally requires the participation of a Chupadera springsnail, Federal agency requirements for Federal protection, and broad range of partners, including other actions that may require consultation prohibitions against certain practices. Federal agencies, States, would include any federally funded Recognition through listing results in nongovernmental organizations, activities in the Willow Spring public awareness and conservation by businesses, and private landowners. watershed, groundwater source area, or Federal, State, Tribal, and local Examples of recovery actions include directly in the spring that may affect agencies, private organizations, and habitat restoration (e.g., restoration of Willow Spring or the Chupadera individuals. The Act encourages native vegetation), research, captive springsnail (for example, activities that cooperation with the States and requires propagation and reintroduction, and require a permit from the U.S. Army that recovery actions be carried out for outreach and education. The recovery of Corps of Engineers pursuant to section all listed species. The protection many listed species cannot be 404 of the Clean Water Act (33 U.S.C. measures required of Federal agencies accomplished solely on Federal lands 1251 et seq.)). because their range may occur primarily and the prohibitions against certain Jeopardy Standard activities are discussed, in part, below. or solely on non-Federal lands. To The primary purpose of the Act is the achieve recovery of these species Prior to and following listing and conservation of endangered and requires cooperative conservation efforts designation of critical habitat, if prudent threatened species and the ecosystems on private and State lands. and determinable, the Service applies upon which they depend. The ultimate Once this species is listed, funding for an analytical framework for jeopardy analyses that relies heavily on the goal of such conservation efforts is the recovery actions will be available from importance of core area populations to recovery of these listed species, so that a variety of sources, including Federal the survival and recovery of the species. they no longer need the protective budgets, State programs, and cost-share The section 7(a)(2) analysis is focused measures of the Act. Subsection 4(f) of grants for non-Federal landowners, the not only on these populations but also the Act requires the Service to develop academic community, and on the habitat conditions necessary to and implement recovery plans for the nongovernmental organizations. In support them. The jeopardy analysis conservation of endangered and addition, pursuant to section 6 of the usually expresses the survival and threatened species. The recovery Act, the State of New Mexico would be recovery needs of the species in a planning process involves the eligible for Federal funds to implement qualitative fashion without making identification of actions that are management actions that promote the protection and recovery of the distinctions between what is necessary necessary to halt or reverse the species’ Chupadera springsnail. Information on for survival and what is necessary for decline by addressing the threats to its our grant programs that are available to recovery. Generally, if a proposed survival and recovery. The goal of this aid species recovery can be found at: Federal action is incompatible with the process is to restore listed species to a http://www.fws.gov/grants. viability of the affected core area point where they are secure, self- Please let us know if you are population(s), inclusive of associated sustaining, and functioning components interested in participating in recovery habitat conditions, a jeopardy finding is of their ecosystems. efforts for this species. Additionally, we considered to be warranted, because of Recovery planning includes the invite you to submit any new the relationship of each core area development of a recovery outline information on this species whenever it population to the survival and recovery shortly after a species is listed, becomes available and any information of the species as a whole. preparation of a draft and final recovery you may have for recovery planning Section 9 Take plan, and revisions to the plan as purposes (see FOR FURTHER INFORMATION significant new information becomes CONTACT). The Act and its implementing available. The recovery outline guides Section 7(a) of the Act, as amended, regulations set forth a series of general the immediate implementation of urgent requires Federal agencies to evaluate prohibitions and exceptions that apply recovery actions and describes the their actions with respect to any species to all endangered wildlife. The process to be used to develop a recovery that is proposed or listed as endangered prohibitions, codified at 50 CFR 17.21 plan. The recovery plan identifies site- or threatened and with respect to its for endangered wildlife, in part, make it specific management actions that will critical habitat, if any is designated. illegal for any person subject to the achieve recovery of the species, Regulations implementing this jurisdiction of the United States to take measurable criteria that determine when interagency cooperation provision of the (includes harass, harm, pursue, hunt, a species may be downlisted or delisted, Act are codified at 50 CFR part 402. shoot, wound, kill, trap, capture, or and methods for monitoring recovery Section 7(a)(4) requires Federal agencies collect; or to attempt any of these), progress. Recovery plans also establish to confer with the Service on any action import, export, ship in interstate a framework for agencies to coordinate that is likely to jeopardize the continued commerce in the course of commercial their recovery efforts and provide existence of a species proposed for activity, or sell or offer for sale in estimates of the cost of implementing listing or result in destruction or interstate or foreign commerce any recovery tasks. Recovery teams adverse modification of proposed listed species. It is also illegal to (comprised of species experts, Federal critical habitat. Once a species is possess, sell, deliver, carry, transport, or and State agencies, nongovernment subsequently listed, section 7(a)(2) ship any such wildlife that has been organizations, and stakeholders) are requires Federal agencies to ensure that taken illegally. Certain exceptions apply often established to develop recovery activities they authorize, fund, or carry to agents of the Service and State plans. When completed, the recovery out are not likely to jeopardize the conservation agencies. outline, draft recovery plan, and the continued existence of the species or We may issue permits to carry out final recovery plan will be available destroy or adversely modify its critical otherwise prohibited activities from our Web site (http://www.fws.gov/ habitat. If a Federal action may involving endangered or threatened endangered), or from our New Mexico adversely affect a listed species or its wildlife species under certain Ecological Services Field Office (see FOR critical habitat, the responsible Federal circumstances. Regulations governing FURTHER INFORMATION CONTACT). agency must enter into formal permits are codified at 50 CFR 17.22 for

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 41097

endangered species. With regard to (b) Which may require special identify, to the extent known using the endangered wildlife, a permit must be management considerations or best scientific and commercial data issued for the following purposes: For protection; and available, those physical and biological scientific purposes, to enhance the (2) Specific areas outside the features that are essential to the propagation or survival of the species, geographical area occupied by the conservation of the species (such as and for incidental take in connection species at the time it is listed, upon a space, food, cover, and protected with otherwise lawful activities. determination that such areas are habitat), focusing on the principal It is our policy, as published in the essential for the conservation of the biological or physical constituent Federal Register on July 1, 1994 (59 FR species. elements (primary constituent elements) 34272), to identify to the maximum Conservation, as defined under within an area that are essential to the extent practicable at the time a species section 3 of the Act, means to use and conservation of the species (such as is listed, those activities that will or will the use of all methods and procedures roost sites, nesting grounds, seasonal not constitute a violation of section 9 of that are necessary to bring an wetlands, water quality, tide, soil type). the Act. The intent of this policy is to endangered or threatened species to the Primary constituent elements are the increase public awareness of the effect point at which the measures provided elements of physical and biological of a listing on proposed and ongoing pursuant to the Act are no longer features that, when laid out in the activities within the range of listed necessary. Such methods and appropriate quantity and spatial species. The following activities could procedures include, but are not limited arrangement to provide for a species’ potentially result in a violation of to, all activities associated with life-history processes, are essential to section 9 of the Act; this list is not scientific resources management such as the conservation of the species. comprehensive: research, census, law enforcement, Under the Act and regulations at 50 (1) Unauthorized collecting, handling, habitat acquisition and maintenance, CFR 424.12, we can designate critical propagation, live trapping, and possessing, selling, delivering, carrying, habitat in areas outside the geographical transplantation, and, in the or transporting of the species, including area occupied by the species at the time extraordinary case where population import or export across State lines and it is listed, upon a determination that pressures within a given ecosystem international boundaries, except for such areas are essential for the cannot be otherwise relieved, may properly documented antique conservation of the species. We include regulated taking. specimens of these taxa at least 100 designate critical habitat in areas years old, as defined by section 10(h)(1) Critical habitat receives protection under section 7 of the Act through the outside the geographical area occupied of the Act; by a species only when a designation (2) Introduction of nonnative species requirement that Federal agencies ensure, in consultation with the Service, limited to its range would be inadequate that compete with or prey upon the that any action they authorize, fund, or to ensure the conservation of the Chupadera springsnail, such as the carry out is not likely to result in the species. When the best available introduction of competing, nonnative destruction or adverse modification of scientific data do not demonstrate that species to the State of New Mexico; critical habitat. The designation of the conservation needs of the species (3) The unauthorized release of critical habitat does not affect land require such additional areas, we will biological control agents that attack any ownership or establish a refuge, not designate critical habitat in areas life stage of this species; wilderness, reserve, preserve, or other outside the geographical area occupied (4) Unauthorized modification of the conservation area. Such designation by the species. An area currently springs; and does not allow the government or public occupied by the species but that was not (5) Unauthorized discharge of to access private lands. Such occupied at the time of listing may, chemicals or fill material into any designation does not require however, be essential to the waters in which the Chupadera implementation of restoration, recovery, conservation of the species and may be springsnail is known to occur. or enhancement measures by non- included in the critical habitat Questions regarding whether specific Federal landowners. Where a landowner designation. activities constitute a violation of seeks or requests Federal agency Section 4 of the Act requires that we section 9 of the Act should be directed funding or authorization for an action designate critical habitat on the basis of to the New Mexico Ecological Services that may affect a listed species or the best scientific and commercial data FOR FURTHER Field Office (see critical habitat, the consultation available. Further, our Policy on INFORMATION CONTACT). requirements of section 7(a)(2) would Information Standards Under the Critical Habitat apply, but even in the event of a Endangered Species Act (published in destruction or adverse modification the Federal Register on July 1, 1994 (59 Background finding, the obligation of the Federal FR 34271)), the Information Quality Act It is our intent to discuss below only action agency and the landowner is not (section 515 of the Treasury and General those topics directly relevant to the to restore or recover the species, but to Government Appropriations Act for designation of critical habitat for the implement reasonable and prudent Fiscal Year 2001 (Pub. L. 106–554; H.R. Chupadera springsnail in this section of alternatives to avoid destruction or 5658)), and our associated Information the final rule. adverse modification of critical habitat. Quality Guidelines, provide criteria, Critical habitat is defined in section 3 For inclusion in a critical habitat establish procedures, and provide of the Act as: designation, the habitat within the guidance to ensure that our decisions (1) The specific areas within the geographical area occupied by the are based on the best scientific data geographical area occupied by the species at the time it was listed must available. They require our biologists, to species, at the time it is listed in contain physical and biological features the extent consistent with the Act and accordance with the Act, on which are essential to the conservation of the with the use of the best scientific data found those physical or biological species and be included only if those available, to use primary and original features; features may require special sources of information as the basis for (a) Essential to the conservation of the management considerations or recommendations to designate critical species and protection. Critical habitat designations habitat.

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES 41098 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations

When we determine which areas exist: (1) The species is threatened by identification of critical habitat will should be designated as critical habitat, taking or other human activity, and result in increased threats to the species, our primary source of information is identification of critical habitat can be and information indicates that generally the information developed expected to increase the degree of threat designation of critical habitat will be during the listing process for the to the species, or (2) such designation of beneficial to the species. species. Additional information sources critical habitat would not be beneficial may include the recovery plan for the to the species. Critical Habitat Determinability species, articles in peer-reviewed There is no documentation that the As stated above, section 4(a)(3) of the journals, conservation plans developed Chupadera springsnail is threatened by Act requires the designation of critical by States and counties, scientific status collection, and it is unlikely to habitat concurrently with the species’ surveys and studies, biological experience increased threats by listing ‘‘to the maximum extent prudent assessments, or other unpublished identifying critical habitat. In the and determinable.’’ Our regulations at materials and expert opinion or absence of a finding that the designation 50 CFR 424.12(a)(2) state that critical personal knowledge. of critical habitat would increase threats habitat is not determinable when one or We recognize that critical habitat to a species, if there are any benefits to both of the following situations exist: designated at a particular point in time a critical habitat designation, then a (i) Information sufficient to perform may not include all of the habitat areas prudent finding is warranted. The required analyses of the impacts of the that we may later determine are potential benefits include: (1) Triggering designation is lacking, or necessary for the recovery of the consultation under section 7 of the Act (ii) The biological needs of the species species. For these reasons, a critical in new areas for actions in which there are not sufficiently well known to habitat designation does not signal that may be a Federal nexus where it would permit identification of an area as habitat outside the designated area is not otherwise occur because, for critical habitat. unimportant or may not be required for example, an area has become When critical habitat is not recovery of the species. Areas that are unoccupied or the occupancy is in determinable, the Act provides for an important to the conservation of the question; (2) focusing conservation additional year to publish a critical species, both inside and outside the activities on the most essential features habitat designation (16 U.S.C. critical habitat designation, will and areas; (3) providing educational 1533(b)(6)(C)(ii)). continue to be subject to: (1) benefits to State or county governments We reviewed the available Conservation actions implemented or private entities; and (4) preventing information pertaining to the biological under section 7(a)(1) of the Act, (2) people from causing inadvertent harm needs of the species and habitat regulatory protections afforded by the to the species. characteristics where this species is requirement in section 7(a)(2) of the Act The primary regulatory effect of located. This and other information for Federal agencies to insure their critical habitat is the section 7(a)(2) represent the best scientific data actions are not likely to jeopardize the requirement that Federal agencies available, and the available information continued existence of any endangered refrain from taking any action that is sufficient for us to identify areas to or threatened species, and (3) the destroys or adversely modifies critical designate as critical habitat. Therefore, prohibitions of section 9 of the Act if habitat. Lands designated as critical we conclude that the designation of actions occurring in these areas may habitat that are subject to Federal critical habitat is determinable for the affect the species. Federally funded or actions may trigger the section 7 Chupadera springsnail. permitted projects affecting listed consultation requirements. There may species outside their designated critical also be some educational or Physical and Biological Features habitat areas may still result in jeopardy informational benefits to the designation In accordance with section 3(5)(A)(i) findings in some cases. These of critical habitat. Educational benefits and 4(b)(1)(A) of the Act and the protections and conservation tools will include the notification of the general regulations at 50 CFR 424.12, in continue to contribute to recovery of public of the importance of protecting determining which areas within the this species. Similarly, critical habitat habitat. geographical area occupied at the time designations made on the basis of the At present, the only known extant of listing to designate as critical habitat, best available information at the time of population of the Chupadera springsnail we consider the physical and biological designation will not control the occurs on private lands in the United features essential to the conservation of direction and substance of future States. The species currently is not the species which may require special recovery plans, habitat conservation known to occur on Federal lands or management considerations or plans (HCPs), or other species lands under Federal jurisdiction. protection. These include, but are not conservation planning efforts if new However, lands designated as critical limited to: information available at the time of habitat, whether or not under Federal (1) Space for individual and these planning efforts calls for a jurisdiction, may be subject to Federal population growth and for normal different outcome. actions that trigger the section 7 behavior; consultation requirement, such as the (2) Food, water, air, light, minerals, or Prudency Determination granting of Federal monies or Federal other nutritional or physiological Section 4(a)(3) of the Act, as permits. requirements; amended, and implementing regulations We reviewed the available (3) Cover or shelter; (50 CFR 424.12), require that, to the information pertaining to habitat (4) Sites for breeding, reproduction, or maximum extent prudent and characteristics where this species is rearing (or development) of offspring; determinable, the Secretary designate located. This and other information and critical habitat at the time the species is represent the best scientific data (5) Habitats that are protected from determined to be endangered or available and led us to conclude that the disturbance or are representative of the threatened. Our regulations (50 CFR designation of critical habitat is prudent historic, geographical, and ecological 424.12(a)(1)) state that the designation for the Chupadera springsnail because, distributions of a species. of critical habitat is not prudent when as discussed above, there is no We consider the specific physical and one or both of the following situations information to indicate that biological features essential to the

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 41099

conservation of the species and laid out bacteria, and microbes) and decaying Primary Constituent Elements for the in the appropriate quantity and spatial organic material as a physical and Chupadera Springsnail arrangement for the conservation of the biological feature for the Chupadera Under the Act and its implementing species. We derive the specific physical springsnail. regulations, we are required to identify and biological features for the the physical and biological features Chupadera springsnail from the Sites for Breeding, Reproduction, and essential to the conservation of biological needs of this species as Rearing of Offspring Chupadera springsnail in areas described above (see Species Substrate characteristics influence the occupied at the time of listing, focusing Information). Based on the needs and our current productivity of the springsnails. on the features’ primary constituent knowledge of the life history, biology, Suitable substrates are typically firm, elements. We consider primary and ecology of the species and the characterized by cobble, gravel, sand, constituent elements to be the elements habitat requirements for sustaining the woody debris, and aquatic vegetation of physical and biological features that essential life-history functions of the such as watercress. Suitable substrates are essential to the conservation of the species, we have determined that the increase productivity by providing species. Chupadera springsnail requires the suitable egg-laying sites and providing Based on our current knowledge of following physical and biological food resources. Therefore, based on the the physical or biological features and features: information above, we identify habitat characteristics required to substrates that include cobble, gravel, sustain the species’ life-history Space for Individual and Population processes, we determine that the pebble, sand, silt, and aquatic Growth and for Normal Behavior primary constituent elements specific to vegetation, for egg laying, maturing, Chupadera springsnail are springheads, The Chupadera springsnail occurs feeding, and escape from predators as a where water emerges from the ground as springbrooks, seeps, ponds, and physical and biological feature for the a free-flowing spring and springbrook. seasonally wetted meadows containing: Chupadera springsnail. Within the spring ecosystem, proximity (1) Unpolluted spring water (free from to the springhead is important because Habitats Protected From Disturbance or contamination) emerging from the of the appropriate stable water Representative of the Historical, ground and flowing on the surface; chemistry and temperature, substrate, Geographical, and Ecological (2) Periphyton (an assemblage of and flow regime. The Chupadera Distributions of the Species algae, bacteria, and microbes) and springsnail occurs in one spring in an decaying organic material for food; open foothill meadow at 1,620 m (5,315 The Chupadera springsnail has a (3) Substrates that include cobble, ft) elevation. The species has been restricted geographic distribution. gravel, pebble, sand, silt, and aquatic found in the springhead and Endemic species whose populations vegetation, for egg laying, maturing, springbrook. Historically, it was also exhibit a high degree of isolation are feeding, and escape from predators; and found at an unnamed spring 0.5 km (0.3 extremely susceptible to extinction from (4) Nonnative species either absent or mi) from this location. Therefore, based both random and nonrandom present at low population levels. on the information above, we identify catastrophic natural or human-caused Special Management Considerations or unpolluted spring water (free from events. Therefore, it is essential to Protections contamination) emerging from the maintain the spring systems upon When designating critical habitat, we ground and flowing on the surface as a which the Chupadera springsnail assess whether the specific areas within physical and biological feature for the depends. This means protection from Chupadera springsnail. the geographical area occupied by the disturbance caused by exposure to cattle species at the time of listing contain Food, Water, Air, Light, or Other grazing, water contamination, water features that are essential to the Nutritional or Physiological depletion, springhead alteration, or conservation of the species and which Requirements nonnative species. The Chupadera may require special management Taylor (1987, p. 26) found Chupadera springsnail must, at a minimum, sustain considerations or protection. Threats to springsnails on pebbles and cobbles its current distribution for the one the physical and biological features interspersed with sand, mud, and remaining population to remain viable. essential to the conservation of the aquatic plants. Individuals were As discussed above (see Factor E. Chupadera springsnail include loss of abundant in flowing water on stones, Other Natural or Manmade Factors spring flows due to groundwater dead wood, and among vegetation on Affecting Its Continued Existence), pumping and drought, inundation of firm surfaces that had an organic film introduced species are a serious threat springheads due to pond creation, (periphyton). Chupadera springsnail to native aquatic species (Williams et al. degradation of water quality and habitat was not found in the impoundment 1989, p. 18; Lodge et al. 2000, p. 7). due to livestock grazing or other created by damming the springbrook Because the distribution of the alteration of water chemistry, and the (Taylor 1987, p. 26). From data collected introduction of nonnative species. A Chupadera springsnail is so limited, and in 1997 and 1998, Lang (2009, p. 1) more complete discussion of the threats its habitat so restricted, introduction of determined the springsnails were found to the Chupadera springsnail and its certain nonnative species into its habitat in water velocities that ranged from 0.01 habitats can be found in ‘‘Summary of to 0.19 m/s (0.03 to 0.6 ft/s). could be devastating. Potentially Factors Affecting the Species’’ above. Chupadera springsnails consume harmful nonnative species include periphyton on submerged surfaces. saltcedar, common reed, Russian thistle, Criteria Used To Identify Critical Spring ecosystems occupied by and the red-rim melania. Therefore, Habitat Chupadera springsnails must support based on the information above, we As required by section 4(b)(1)(A) of the periphyton upon which springsnails identify nonnative species either absent the Act, we use the best scientific and graze. Therefore, based on the or present at low population levels as a commercial data available to designate information above, we identify physical and biological feature for the critical habitat. We review all available periphyton (an assemblage of algae, Chupadera springsnail. information pertaining to the habitat

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES 41100 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations

requirements of the species. As part of areas such as buildings, paved areas, critical habitat unit that encompasses our review, in accordance with the Act and other structures that lack the Willow Spring and includes the and its implementing regulation at 50 biological features for the springsnail springhead, springbrook, small seeps CFR 424.12(e), we consider whether within the designated critical habitat and ponds, and the seasonally wetted designating areas outside those areas. meadow associated with the spring currently occupied, as well as those In summary, we are designating downstream to the artificial berm. This occupied at the time of listing, are critical habitat in areas that we spring is located within the drainage of necessary to ensure the conservation of determined are occupied at the time of the Rio Grande, approximately 2.7 km the species. We designate areas outside listing and contain sufficient primary (1.7 mi) west of Interstate Highway 25. the geographical area occupied by a constituent elements to support life- The Willow Spring site has species at the time of listing only when history functions essential to the documented occupancy of Chupadera a designation limited to its present conservation of the species and require springsnail from 1979 to 1999 (Taylor range would be inadequate to ensure the special management, and areas outside 1987 p. 24; NMDGF 2004, p. 45). Based conservation of the species. the geographical area occupied at the on observations in 2011 provided by the For the purpose of designating critical time of listing that we determine are landowner (Highland Springs, LLC habitat for Chupadera springsnail, we essential for the conservation of 2011, p. 3), we presume the species define the occupied area based on the Chupadera springsnail. persists at Willow Spring. The Willow most recent surveys available, which are Spring Unit contains all the primary from 1999. There is only one area Final Critical Habitat Designation constituent elements to support all of currently occupied. We then evaluated We are designating two units of the Chupadera springsnail’s life whether this area contains the primary critical habitat for the Chupadera processes. Threats to the primary constituent elements for the Chupadera springsnail. The critical habitat areas we constituent elements in this unit that springsnail and whether they require describe below constitute our current may require special management special management. Next we best assessment of areas that meet the include the effects of livestock grazing, considered areas historically occupied, definition of critical habitat for groundwater depletion, springhead or but not currently occupied. There is Chupadera springsnail. The two areas springbrook modification, water only one area where the Chupadera we designate as critical habitat are: (1) contamination, and potential effects springsnail historically occurred but is Willow Spring, which is currently (at from nonnative species. not currently occupied. We evaluated the time of listing) occupied and Unit 2: Unnamed Spring Unit this area to determine whether it was contains the primary constituent essential for the conservation of the elements; and (2) unnamed spring, Unit 2 consists of approximately 0.2 species. which is not currently (at the time of ha (0.5 ac) in Socorro County, New To determine if the one currently listing) occupied but is determined to be Mexico. The entire unit is privately occupied area (Willow Spring) contains essential for the conservation of the owned. We are designating a single the primary constituent elements, we species. The approximate area and land critical habitat unit that encompasses assessed the life-history components of ownership of each critical habitat unit is the unnamed spring and includes the the Chupadera springsnail as they relate shown in Table 1. springhead, springbrook, small seeps to habitat. The springsnail requires and ponds, and the seasonally wetted unpolluted spring water in the TABLE 1—OWNERSHIP AND APPROXI- meadow associated with the spring. This spring is located within the springheads and springbrooks; MATE AREA OF CRITICAL HABITAT periphyton and decaying organic drainage of the Rio Grande, UNITS FOR CHUPADERA material for food; rock-derived approximately 2.7 km (1.7 mi) west of substrates for egg laying, maturation, SPRINGSNAIL Interstate Highway 25, and about 0.5 km (0.3 mi) north of Willow Spring. feeding, and escape from predators; and Estimated absence of nonnative species. Critical habitat Land size of unit The Unnamed Spring Unit is To determine if the one site ownership currently unoccupied by the Chupadera unit by type in hectares historically occupied by the Chupadera (acres) springsnail, but it was historically springsnail (unnamed spring) is occupied (Stefferud 1986, p. 1; Taylor essential for the conservation of the 1. Willow Spring Private ..... 0.5 (1.4) 1987, p. 24; Lang 1998, p. 36). The Chupadera springsnail, we considered: Unit. spring appears to share a common 2. Unnamed Private ..... 0.2 (0.5) aquifer and similarities in water (1) The importance of the site to the Spring Unit. overall status of the species to prevent chemistry, temperature, and hydrology extinction and contribute to future Total ...... 0.7 (1.9) with Willow Spring. When developing recovery of the Chupadera springsnail; conservation strategies for species (2) whether the area could be restored We present below brief descriptions whose life histories are characterized by to contain the necessary physical and of the units and reasons why they meet short generation time, small body size, biological features to support the the definition of critical habitat for high rates of population increase, and Chupadera springsnail; and (3) whether Chupadera springsnail. high habitat specificity, it is important a population of the species could be to maintain multiple populations as reestablished at the site. Unit 1: Willow Spring Unit opposed to protecting a single We plotted the known occurrences of Unit 1 consists of approximately 0.5 population (Murphy et al. 1990, pp. 41– the Chupadera springsnail in ha (1.4 ac) in Socorro County, New 51). Having replicate populations is a springheads and springbrooks on 2007 Mexico. When last visited in 1999, the recognized conservation strategy to U.S. Geological Survey (USGS) Digital Willow Spring Unit was a wet meadow protect species from extinction due to Ortho Quarter Quad maps using with a springbrook that runs catastrophic events (Soule 1985, p. 731). ArcMap (Environmental Systems approximately 38 m (125 ft) before being This area is important to prevent Research Institute, Inc.), a computer impounded by a berm that crosses the extinction of the Chupadera springsnail. geographic information system (GIS) meadow. The entire unit is in private Some habitat restoration work may be program. There are no known developed ownership. We are designating a single needed before Chupadera springsnail

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 41101

could be reintroduced to the Unnamed reasonable and prudent alternatives to destroy or adversely modify such Spring Unit; however, creating a second the project, if any are identifiable. We habitat, or that may be affected by such population is important for the long- define ‘‘Reasonable and prudent designation. term persistence of the species. The alternatives’’ at 50 CFR 402.02 as Activities that may affect critical Unnamed Spring Unit is essential for alternative actions identified during habitat, when carried out, funded, or the conservation of the species because consultation that: authorized by a Federal agency, will it is a site where the Chupadera • Can be implemented in a manner result in consultation for the Chupadera springsnail can be reintroduced. consistent with the intended purpose of springsnail. These activities include, but the action, are not limited to: Effects of Critical Habitat Designation • Can be implemented consistent (1) Actions that would reduce the Section 7 Consultation with the scope of the Federal agency’s quantity of water flow within the spring legal authority and jurisdiction, systems designated as critical habitat. Section 7(a)(2) of the Act requires • Are economically and (2) Actions that would modify the Federal agencies, including the Service, technologically feasible, and springheads within the spring systems to ensure that actions they fund, • Would, in the Director’s opinion, designated as critical habitat. authorize, or carry out are not likely to avoid jeopardizing the continued (3) Actions that would degrade water destroy or adversely modify critical existence of the listed species or quality within the spring systems habitat. Decisions by the courts of destroying or adversely modifying designated as critical habitat. appeals for the Fifth and Ninth Circuits critical habitat. (4) Actions that would reduce the have invalidated our definition of Reasonable and prudent alternatives availability of coarse, firm aquatic ‘‘destruction or adverse modification’’ can vary from slight project substrates within the spring systems (50 CFR 402.02) (see Gifford Pinchot modifications to extensive redesign or designated as critical habitat. Task Force v. U.S. Fish and Wildlife relocation of the project. Costs (5) Actions that would reduce the Service, 378 F. 3d 1059 (9th Cir. 2004) associated with implementing a occurrence of native aquatic algae or and Sierra Club v. U.S. Fish and reasonable and prudent alternative are periphyton or both within the spring Wildlife Service et al., 245 F.3d 434, 442 similarly variable. systems designated as critical habitat. (5th Cir. 2001)), and we do not rely on (6) Actions that would introduce, this regulatory definition when Application of the ‘‘Adverse promote, or maintain nonnative species analyzing whether an action is likely to Modification’’ Standard within the spring systems designated as destroy or adversely modify critical Regulations at 50 CFR 402.16 require critical habitat. habitat. Under the statutory provisions Federal agencies to reinitiate Exemptions of the Act, we determine destruction or consultation on previously reviewed adverse modification on the basis of actions in instances where we have Application of Section 4(a)(3) of the Act whether, with implementation of the listed a new species or subsequently The Sikes Act Improvement Act of proposed Federal action, the affected designated critical habitat that may be 1997 (Sikes Act) (16 U.S.C. 670a) critical habitat would remain functional affected and the Federal agency has required each military installation that (or retain those physical and biological retained discretionary involvement or includes land and water suitable for the features that relate to the ability of the control over the action (or the agency’s conservation and management of area to periodically support the species) discretionary involvement or control is natural resources to complete an to serve its intended conservation role authorized by law). Consequently, integrated natural resources for the species. Federal agencies sometimes may need to management plan by November 17, If a species is listed or critical habitat request reinitiation of consultation with 2001. This plan integrates is designated, section 7(a)(2) of the Act us on actions for which formal implementation of the military mission requires Federal agencies to ensure that consultation has been completed, if of the installation with stewardship of activities they authorize, fund, or carry those actions with discretionary the natural resources found on the base. out are not likely to jeopardize the involvement or control may affect The National Defense Authorization continued existence of the species or to subsequently listed species or Act for Fiscal Year 2004 (Pub. L. 108– destroy or adversely modify its critical designated critical habitat. 136) amended the Act to limit areas habitat. If a Federal action may affect a The key factor related to the adverse eligible for designation as critical listed species or its critical habitat, the modification determination is whether, habitat. Specifically, section 4(a)(3)(B)(i) responsible Federal agency (action with implementation of the proposed of the Act (16 U.S.C. 1533(a)(3)(B)(i)) agency) must enter into consultation Federal action, the affected critical now provides: ‘‘The Secretary shall not with us. As a result of this consultation, habitat would continue to serve its designate as critical habitat any lands or we document compliance with the intended conservation role for the other geographical areas owned or requirements of section 7(a)(2) through species. Activities that may destroy or controlled by the Department of our issuance of: adversely modify critical habitat are Defense, or designated for its use, that (1) A concurrence letter for Federal those that alter the physical and are subject to an integrated natural actions that may affect, but are not biological features to an extent that resources management plan prepared likely to adversely affect, listed species appreciably reduces the conservation under section 101 of the Sikes Act or critical habitat; or value of critical habitat for Chupadera (16 U.S.C. 670a), if the Secretary (2) A biological opinion for Federal springsnail. As discussed above, the role determines in writing that such plan actions that may affect, and are likely to of critical habitat is to support life- provides a benefit to the species for adversely affect, listed species or critical history needs of the species and provide which critical habitat is proposed for habitat. for the conservation of the species. designation.’’ When we issue a biological opinion Section 4(b)(8) of the Act requires us There are no Department of Defense concluding that a project is likely to to briefly evaluate and describe, in any lands within the critical habitat jeopardize the continued existence of a proposed or final regulation that designation, and, therefore, there are no listed species or destroy or adversely designates critical habitat, activities exemptions under section 4(a)(3) of the modify critical habitat, we also provide involving a Federal action that may Act.

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES 41102 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations

Exclusions potential economic impacts associated causing habitat degradation through with the critical habitat designation for inundation and changes in water flow Application of Section 4(b)(2) of the Act the Chupadera springsnail. The final and chemistry. However, a Federal Section 4(b)(2) of the Act states that economic analysis describes the nexus consultation under section 7 of the Secretary shall designate and make economic impacts of all potential the Act is unlikely to exist, as each revisions to critical habitat on the basis conservation efforts for the Chupadera parcel will have its own groundwater of the best available scientific data after springsnail; some of these costs will well, which is regulated by the New taking into consideration the economic likely be incurred regardless of whether Mexico Office of the State Engineer with impact, national security impact, and we designate critical habitat. The no Federal involvement. Unit 1 is not any other relevant impact of specifying economic impact of the final critical slated for development; therefore, it is any particular area as critical habitat. habitat designation is analyzed by unlikely the landowners will apply for The Secretary may exclude an area from comparing scenarios both ‘‘with critical a permit under section 404 of the Clean critical habitat if he determines that the habitat’’ and ‘‘without critical habitat.’’ Water Act. We are unaware of the plans benefits of such exclusion outweigh the The ‘‘without critical habitat’’ scenario for Unit 2, but we believe that any benefits of specifying such area as part represents the baseline for the analysis, development would avoid the spring of the critical habitat, unless he considering protections already in place and therefore avoid the need for a determines, based on the best scientific for the species (e.g., under the Federal section 404 permit. Because there are no data available, that the failure to listing and other Federal, State, and foreseeable activities with a Federal designate such area as critical habitat local regulations). The baseline, nexus, the draft economic analysis will result in the extinction of the therefore, represents the costs incurred found no economic impact of the species. In making that determination, regardless of whether critical habitat is designation of critical habitat beyond a the statute on its face, as well as the designated. The ‘‘with critical habitat’’ possible ‘‘stigma effect’’ to land values. legislative history, are clear that the scenario describes the incremental This stigma effect arises from the Secretary has broad discretion regarding impacts associated specifically with the perception of landowners that which factor(s) to use and how much designation of critical habitat for the designation of critical habitat may weight to give to any factor. species. The incremental conservation impede future land development and, Under section 4(b)(2) of the Act, we efforts and associated impacts are those therefore, depress land values. Our may exclude an area from designated not expected to occur absent the economic analysis was unable to critical habitat based on economic designation of critical habitat for the quantify the economic value of any impacts, impacts on national security, species. In other words, the incremental possible stigma effects. or any other relevant impacts. In costs are those attributable solely to the Our economic analysis did not considering whether to exclude a designation of critical habitat, above and identify any disproportionate costs that particular area from the designation, we beyond the baseline costs; these are the are likely to result from the designation. identify the benefits of including the costs we consider in the final Consequently, the Secretary is not area in the designation, identify the designation of critical habitat when exerting his discretion to exclude any benefits of excluding the area from the evaluating the benefits of excluding areas from this designation of critical designation, and evaluate whether the particular areas under section 4(b)(2) of habitat for the Chupadera springsnail benefits of exclusion outweigh the the Act. The analysis looks at baseline based on economic impacts. A copy of benefits of inclusion. If the analysis impacts incurred from the listing of the the final economic analysis with indicates that the benefits of exclusion species and forecasts both baseline and supporting documents may be obtained outweigh the benefits of inclusion, the incremental impacts likely to occur with by contacting the New Mexico Secretary may exercise his discretion to the designation of critical habitat. For a Ecological Services Field Office (see exclude the area only if such exclusion further description of the methodology ADDRESSES) or for downloading from the would not result in the extinction of the of the analysis, see the ‘‘Framework for Internet at http://www.regulations.gov. species. the Analysis’’ section of the final Exclusions Based on National Security Exclusions Based on Economic Impacts economic analysis. The final economic analysis provides Impacts Under section 4(b)(2) of the Act, we estimated costs of the foreseeable Under section 4(b)(2) of the Act, we consider the economic impacts of potential economic impacts of the final consider whether there are lands owned specifying any particular area as critical critical habitat designation for the or managed by the Department of habitat. In order to consider economic Chupadera springsnail. It identifies Defense where a national security impacts, we prepared a draft economic potential incremental costs as a result of impact might exist. In preparing this analysis, which we made available for the final critical habitat designation; final rule, we have determined that the public review on January 20, 2012 these are those costs attributed to lands within the designation of critical (77 FR 2943), based on the proposed critical habitat over and above those habitat for the Chupadera springsnail rule published on August 2, 2011 (76 FR baseline costs attributed to listing. The are not owned or managed by the 46218). We accepted comments on the final economic analysis quantifies Department of Defense, and therefore, draft economic analysis until February economic impacts of Chupadera anticipate no impact to national 21, 2012. Following the close of the springsnail conservation efforts security, and the Secretary is not comment period, a final analysis of the associated with residential development exerting his discretion to exclude any potential economic effects of the and ranch activities. areas from this final designation based designation was completed in April Existing and planned subdivision on impacts on national security. 2011, taking into consideration the development in the area can lead to public comments and any new groundwater depletion, threatening the Exclusions Based on Other Relevant information. No comments were springsnail and its habitat by reducing Impacts received during the final comment water flow at the spring that supports Under section 4(b)(2) of the Act, we period (77 FR 25668; May 1, 2012). the species. Residential activities can consider any other relevant impacts, in The intent of the final economic also lead to modification of the area addition to economic impacts and analysis is to identify and analyze the around the springhead and springbrook, impacts on national security. We

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 41103

consider a number of factors including this rule in a manner consistent with number of small entities, we considered whether the landowners have developed these requirements. the number of small entities affected any HCPs or other management plans within particular types of economic Regulatory Flexibility Act (5 U.S.C. 601 for the area, or whether there are activities, such as residential et seq.) conservation partnerships that would be development and ranch activities. In encouraged by designation of, or Under the Regulatory Flexibility Act order to determine whether it is exclusion from, critical habitat. In (RFA; 5 U.S.C. 601 et seq.), as amended appropriate for our agency to certify that addition, we look at any Tribal issues, by the Small Business Regulatory this final rule will not have a significant and consider the government-to- Enforcement Fairness Act of 1996 economic impact on a substantial government relationship of the United (SBREFA; 5 U.S.C. 801 et seq.), number of small entities, we considered States with Tribal entities. We also whenever an agency is required to each industry or category individually. consider any social impacts that might publish a notice of rulemaking for any In estimating the numbers of small occur because of the designation. proposed or final rule, it must prepare entities potentially affected, we also and make available for public comment In preparing this final rule, we have considered whether their activities have a regulatory flexibility analysis that any Federal involvement. Critical determined that there are currently no describes the effects of the rule on small HCPs or other management plans for the habitat designation will not affect entities (i.e., small businesses, small activities that do not have any Federal Chupadera springsnail, and the final organizations, and small government designation does not include any Tribal involvement; designation of critical jurisdictions). However, no regulatory habitat only affects activities conducted, lands or trust resources. We anticipate flexibility analysis is required if the funded, permitted, or authorized by no impact to Tribal lands, partnerships, head of the agency certifies the rule will Federal agencies. In areas where the or HCPs from this critical habitat not have a significant economic impact Chupadera springsnail is present, designation. In addition, we considered on a substantial number of small Federal agencies will be, as of the other relevant impacts during entities. The SBREFA amended the RFA effective date of this rule (see DATES), preparation of the environmental to require Federal agencies to provide a required to consult with us under assessment pursuant to the National certification statement of the factual section 7 of the Act on activities they Environmental Policy Act (42 U.S.C. basis for certifying that the rule will not fund, permit, or implement that may 4321 et seq.) (see Required have a significant economic impact on affect the species. Consultations to Determinations, National a substantial number of small entities. avoid the destruction or adverse Environmental Policy Act (NEPA) Based on our final economic analysis of modification of critical habitat will be below) and found no other significant the critical habitat designation, we incorporated into the consultation impacts that would warrant our provide our analysis for determining process. consideration for excluding any areas whether the final rule will result in a In the final economic analysis, we from critical habitat designation. significant economic impact on a evaluated the potential economic effects Accordingly, the Secretary is not substantial number of small entities. on small entities resulting from exercising his discretion to exclude any According to the Small Business implementation of conservation actions areas from this final designation based Administration, small entities include related to the designation of critical on other relevant impacts. small organizations such as habitat for the Chupadera springsnail. Required Determinations independent nonprofit organizations; Information in the final economic small governmental jurisdictions, analysis and final environmental Regulatory Planning and Review including school boards and city and assessment indicates the critical habitat (Executive Orders 12866 and 13563) town governments that serve fewer than designation will have no effect on any 50,000 residents; and small businesses Executive Order 12866 provides that small entities. Please refer to the final (13 CFR 121.201). Small businesses economic analysis of the final critical the Office of Information and Regulatory include manufacturing and mining Affairs (OIRA) will review all significant habitat designation for a more detailed concerns with fewer than 500 discussion of potential economic rules. The Office of Information and employees, wholesale trade entities impacts. Regulatory Affairs has determined that with fewer than 100 employees, retail In summary, we have considered this rule is not significant. and service businesses with less than $5 whether the final designation will result Executive Order 13563 reaffirms the million in annual sales, general and in a significant economic impact on a principles of E.O. 12866 while calling heavy construction businesses with less substantial number of small entities. for improvements in the nation’s than $27.5 million in annual business, Information for this analysis was regulatory system to promote special trade contractors doing less than gathered from the Small Business predictability, to reduce uncertainty, $11.5 million in annual business, and Administration, stakeholders, and the and to use the best, most innovative, agricultural businesses with annual Service. We have identified no small and least burdensome tools for sales less than $750,000. To determine entity that may be impacted by the final achieving regulatory ends. The if potential economic impacts to these critical habitat designation. For this executive order directs agencies to small entities are significant, we reason, and based on currently available consider regulatory approaches that considered the types of activities that information, we certify that the final reduce burdens and maintain flexibility might trigger regulatory impacts under critical habitat designation will not have and freedom of choice for the public this designation as well as types of a significant economic impact on a where these approaches are relevant, project modifications that may result. In substantial number of small business feasible, and consistent with regulatory general, the term ‘‘significant economic entities. Therefore, an initial regulatory objectives. E.O. 13563 emphasizes impact’’ is meant to apply to a typical flexibility analysis is not required. further that regulations must be based small business firm’s business on the best available science and that operations. Small Business Regulatory Enforcement the rulemaking process must allow for To determine if the designation of Fairness Act (5 U.S.C. 801 et seq.) public participation and an open critical habitat for the Chupadera Under SBREFA, this rule is not a exchange of ideas. We have developed springsnail will affect a substantial major rule. Our detailed assessment of

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES 41104 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations

the economic effects of this designation arising from participation in a voluntary Takings is described in the final economic Federal program,’’ unless the regulation analysis. Based on the effects identified ‘‘relates to a then-existing Federal In accordance with E.O. 12630 in the economic analysis, we believe program under which $500,000,000 or (‘‘Government Actions and Interference that this rule will not have an annual more is provided annually to State, with Constitutionally Protected Private effect on the economy of $100 million local, and Tribal governments under Property Rights’’), we have analyzed the or more, will not cause a major increase entitlement authority,’’ if the provision potential takings implications of in costs or prices for consumers, and would ‘‘increase the stringency of designating critical habitat for the will not have significant adverse effects conditions of assistance’’ or ‘‘place caps Chupadera springsnail in a takings on competition, employment, upon, or otherwise decrease, the Federal implications assessment. Critical habitat investment, productivity, innovation, or Government’s responsibility to provide designation does not affect landowner the ability of U.S.-based enterprises to funding,’’ and the State, local, or Tribal actions that do not require Federal compete with foreign-based enterprises. governments ‘‘lack authority’’ to adjust funding or permits, nor does it preclude Refer to the final economic analysis for accordingly. At the time of enactment, development of habitat conservation a discussion of the effects of this these entitlement programs were: programs or issuance of incidental take determination. Medicaid; Aid to Families with permits to permit actions that do require Dependent Children work programs; Energy Supply, Distribution, or Use Federal funding or permits to go Child Nutrition; Food Stamps; Social forward. The takings implications On May 18, 2001, the President issued Services Block Grants; Vocational Executive Order 13211 (E.O. 13211; Rehabilitation State Grants; Foster Care, assessment concludes that this ‘‘Actions Concerning Regulations That Adoption Assistance, and Independent designation of critical habitat for the Significantly Affect Energy Supply, Living; Family Support Welfare Chupadera springsnail does not pose Distribution, or Use’’) on regulations Services; and Child Support significant takings implications for that significantly affect energy supply, Enforcement. ‘‘Federal private sector lands within or affected by the distribution, and use. E.O. 13211 mandate’’ includes a regulation that designation. requires agencies to prepare Statements ‘‘would impose an enforceable duty Federalism of Energy Effects when undertaking upon the private sector, except (i) a certain actions. OMB has provided condition of Federal assistance or (ii) a In accordance with E.O. 13132 guidance for implementing this duty arising from participation in a (Federalism), this rule does not have Executive Order that outlines nine voluntary Federal program.’’ significant Federalism effects. A outcomes that may constitute ‘‘a The designation of critical habitat federalism impact summary statement is significant adverse effect’’ when does not impose a legally binding duty not required. In keeping with compared to not taking the regulatory on non-Federal Government entities or Department of the Interior and action under consideration. The private parties. Under the Act, the only Department of Commerce policy, we economic analysis finds that none of regulatory effect is that Federal agencies these criteria are relevant to this must ensure that their actions do not requested information from, and analysis. Thus, based on information in destroy or adversely modify critical coordinated development of, this the economic analysis, energy-related habitat under section 7. While non- critical habitat designation with impacts associated with Chupadera Federal entities that receive Federal appropriate State resource agencies in springsnail conservation activities funding, assistance, or permits, or that New Mexico. We received comments within critical habitat are not expected. otherwise require approval or from the New Mexico Department of As such, the designation of critical authorization from a Federal agency for Game and Fish and have addressed habitat is not expected to significantly an action, may be indirectly impacted them in the Summary of Comments and affect energy supplies, distribution, or by the designation of critical habitat, the Recommendations section of this rule. use. Therefore, this action is not a legally binding duty to avoid The designation of critical habitat in significant energy action, and no destruction or adverse modification of areas currently occupied by the Statement of Energy Effects is required. critical habitat rests squarely on the Chupadera springsnail imposes no Federal agency. Furthermore, to the Unfunded Mandates Reform Act additional restrictions to those that will extent that non-Federal entities are be put in place on the effective date of In accordance with the Unfunded indirectly impacted because they this rule (see DATES) and, therefore, has Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate little incremental impact on State and seq.), we make the following findings: in a voluntary Federal aid program, the local governments and their activities. (a) This rule will not produce a Unfunded Mandates Reform Act would The designation may have some benefit Federal mandate. In general, a Federal not apply, nor would critical habitat mandate is a provision in legislation, to these governments in that the areas shift the costs of the large entitlement that contain the physical and biological statute, or regulation that would impose programs listed above onto State features essential to the conservation of an enforceable duty upon State, local, or governments. Tribal governments, or the private (b) We do not expect this rule to the species are more clearly defined, sector, and includes both ‘‘Federal significantly or uniquely affect small and the physical and biological features intergovernmental mandates’’ and governments because the critical habitat of the habitat necessary to the ‘‘Federal private sector mandates.’’ designation is on private land. Small conservation of the species are These terms are defined in 2 U.S.C. governments will be affected only to the specifically identified. This information 658(5)–(7). ‘‘Federal intergovernmental extent that any programs having Federal does not alter where and what federally mandate’’ includes a regulation that funds, permits, or other authorized sponsored activities may occur. ‘‘would impose an enforceable duty activities must ensure that their actions However, it may assist local upon State, local, or [T]ribal will not adversely affect the critical governments in long-range planning governments’’ with two exceptions. It habitat. Therefore, we do not believe a (rather than having them wait for case- excludes ‘‘a condition of Federal Small Government Agency Plan is by-case section 7 consultations to assistance.’’ It also excludes ‘‘a duty required. occur).

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 41105

Civil Justice Reform Tenth Circuit under the ruling in Catron contain the features essential for the County Board of Commissioners v. U.S. conservation, and no unoccupied Tribal In accordance with E.O. 12988 (Civil Fish and Wildlife Service, 75 F.3d 1429 lands that are essential for the Justice Reform), this rule meets the (10th Cir. 1996), we prepared a draft conservation of the Chupadera applicable standards set forth in environmental assessment. We made the springsnail. Therefore, we are not sections 3(a) and 3(b)(2) of the executive draft environmental assessment designating critical habitat for the order. We are designating critical habitat available for public review on January Chupadera springsnail on Tribal lands. in accordance with the provisions of the 20, 2012 (77 FR 2943) and accepted Act. This final rule uses standard comments on the draft environmental References Cited property descriptions and identifies the assessment until February 21, 2012, and A complete list of all references cited physical and biological features again between May 1, 2012, and May 16, is available on the Internet at http:// essential to the conservation of the 2012 (77 FR 25668). Following the close www.regulations.gov and upon request subspecies within the designated areas of the final comment period, a final from the New Mexico Ecological to assist the public in understanding the environmental assessment of the Services Field Office (see FOR FURTHER habitat needs of the Chupadera potential environmental consequences INFORMATION CONTACT). springsnail. associated with the proposed critical Authors Paperwork Reduction Act of 1995 habitat designation for the Chupadera springsnail was completed. The final The primary authors of this notice are This rule does not contain any new environmental assessment found that the staff members of the New Mexico collections of information that require designating critical habitat for the Ecological Services Field Office, approval by the Office of Management Chupadera springsnail within the two Southwest Region, U.S. Fish and and Budget under the Paperwork units will not have significant impacts Wildlife Service. Reduction Act of 1995 (44 U.S.C. 3501 to the human environment and finding et seq.). This rule will not impose of no significant impact was made. List of Subjects in 50 CFR Part 17 recordkeeping or reporting requirements Endangered and threatened species, Government-to-Government on State or local governments, Exports, Imports, Reporting and Relationship With Tribes individuals, businesses, or recordkeeping requirements, organizations. An agency may not In accordance with the President’s Transportation. conduct or sponsor, and a person is not memorandum of April 29, 1994, required to respond to, a collection of ‘‘Government-to-Government Relations Regulation Promulgation information unless it displays a with Native American Tribal Accordingly, we amend part 17, currently valid OMB control number. Governments’’ (59 FR 22951), E.O. subchapter B of chapter I, title 50 of the 13175, and the Department of the National Environmental Policy Act Code of Federal Regulations, as set forth Interior’s manual at 512 DM 2, we (NEPA) below: readily acknowledge our responsibility It is our position that, outside the to communicate meaningfully with PART 17—[AMENDED] jurisdiction of the U.S. Court of Appeals recognized Federal Tribes on a for the Tenth Circuit, we do not need to government-to-government basis. In ■ 1. The authority citation for part 17 prepare environmental analyses as accordance with Secretarial Order 3206 continues to read as follows: defined by NEPA (42 U.S.C. 4321 et of June 5, 1997, ‘‘American Indian Authority: 16 U.S.C. 1361–1407; 16 U.S.C. seq.) in connection with designating Tribal Rights, Federal-Tribal Trust 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– critical habitat under the Act. We Responsibilities, and the Endangered 625, 100 Stat. 3500; unless otherwise noted. published a notice outlining our reasons Species Act,’’ we readily acknowledge ■ 2. Amend § 17.11(h) by adding an for this determination in the Federal our responsibilities to work directly entry for ‘‘Springsnail, Chupadera’’ to Register on October 25, 1983 (48 FR with Tribes in developing programs for the List of Endangered and Threatened 49244). This position was upheld by the healthy ecosystems, to acknowledge that Wildlife in alphabetical order under U.S. Court of Appeals for the Ninth tribal lands are not subject to the same SNAILS to read as follows: Circuit (Douglas County v. Babbitt, 48 controls as Federal public lands, to F.3d 1495 (9th Cir. 1995), cert. denied remain sensitive to Indian culture, and § 17.11 Endangered and threatened 516 U.S. 1042 (1996)). However, to make information available to Tribes. wildlife. because the range of the Chupadera We determined that there are no Tribal * * * * * springsnail is in a State within the lands occupied at the time of listing that (h) * * *

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

******* SNAILS

******* Springsnail, Chupadera Pyrgulopsis U.S.A. (NM) ...... NA E ...... 17.95(f) NA chupaderae.

*******

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES 41106 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations

■ 3. In § 17.95, amend paragraph (f) by conservation of the Chupadera land on which they are located) existing adding an entry for ‘‘Chupadera springsnail consist of springheads, on the effective date of this rule. Springsnail (Pyrgulopsis chupaderae)’’ springbrooks, seeps, ponds, and (4) Critical habitat map units were in the same alphabetical order that the seasonally wetted meadows containing: plotted on 2007 USGS Digital Ortho species appears in the table at (i) Unpolluted spring water (free from Quarter UTM coordinates in ArcMap § 17.11(h), to read as follows: contamination) emerging from the (Environmental Systems Research Institute, Inc.), a computer GIS program § 17.95 Critical habitat—fish and wildlife. ground and flowing on the surface; (ii) Periphyton (an assemblage of (5) Unit 1: Willow Spring, Socorro * * * * * County, New Mexico. (f) Clams and Snails. algae, bacteria, and microbes) and decaying organic material for food; (i) The critical habitat area includes * * * * * the springhead, springbrook, small (iii) Substrates that include cobble, seeps and ponds, seasonally wetted Chupadera Springsnail (Pyrgulopsis gravel, pebble, sand, silt, and aquatic meadow, and all of the associated spring chupaderae) vegetation, for egg laying, maturing, features. This area is approximately 0.5 (1) Critical habitat units are depicted feeding, and escape from predators; and ha (1.4 ac) around the following for Socorro County, New Mexico, on the (iv) Nonnative species either absent or coordinates: Easting 316889, northing map below. present at low population levels. 3743013 (Universal Transverse Mercator (2) Within these areas, the primary (3) Critical habitat does not include Zone 13 using North American Datum constituent elements of the physical and manmade structures (such as buildings, of 1983). biological features essential to the roads, and other paved areas, and the (ii) Map of Units 1 and 2 follows:

(6) Unit 2: Unnamed Spring, Socorro coordinates: Easting 317048, northing Dated: June 19, 2012. County, New Mexico. 3743418 (Universal Transverse Mercator Rachel Jacobson, (i) The critical habitat area includes Zone 13 using North American Datum Acting Assistant Secretary for Fish and the springhead, springbrook, small of 1983). Wildlife and Parks. seeps and ponds, seasonally wetted (ii) Map of Unit 2 is provided at [FR Doc. 2012–16988 Filed 7–11–12; 8:45 am] meadow, and all of the associated spring paragraph (5)(ii) of this entry. BILLING CODE 4310–55–P features. This area is approximately 0.2 * * * * * ha (0.5 ac) around the following

VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00066 Fmt 4700 Sfmt 9990 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES ER12JY12.003