Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules 35375

this section, PHMSA will stay is not required to complete those parts number FWS-R2-ES-2009-0014 and then compliance with §§ 195.452(d) and of the hazardous liquid annual report follow the instructions for submitting 195.452 (j)(3) until it has completed an form PHMSA F 7000–1.1 associated comments. analysis of the notification. PHMSA will with integrity management or high • U.S. mail or hand-delivery: Public consult the Department of Energy, as consequence areas. Comments Processing, Attn: Docket No. appropriate, to help analyze the Issued in Washington, DC, on June 16, FWS-R2-ES-2009-0014; Division of potential energy impact of loss of the 2010. Policy and Directives Management; U.S. pipeline. Based on the analysis, PHMSA Jeffrey D. Wiese, Fish and Wildlife Service; 4401 N. may grant the operator a special permit Associate Administrator for Pipeline Safety. Fairfax Drive, Suite 222; Arlington, VA to allow continued operation of the [FR Doc. 2010–14998 Filed 6–21–10; 8:45 am] 22203. pipeline subject to alternative safety We will post all comments on http:// BILLING CODE 4910–60–P requirements. www.regulations.gov. This generally (e) Changes in unusually sensitive means that we will post any personal areas. information you provide us (see the DEPARTMENT OF THE INTERIOR (1) If, after June 3, 2008, an operator Public Comments section below for identifies a new USA that causes a Fish and Wildlife Service more information). segment of pipeline to meet the criteria FOR FURTHER INFORMATION CONTACT: in paragraph (b) of this section as a 50 CFR Part 17 Wally ‘‘J’’ Murphy, Field Supervisor, Category 1 or Category 2 rural low-stress U.S. Fish and Wildlife Service, New pipeline, the operator must: [Docket No. FWS-R2-ES-2009-0014] Mexico Ecological Services Field Office, [92210-1117-0000-B4] (i) Comply with the integrity 2105 Osuna Rd NE, Albuquerque, NM management program requirement in RIN 1018-AW50 87113; telephone 505–761–4781; paragraph (c)(1)(iii)(A) or (c)(2)(iii)(A) of facsimile 505–246–2542. If you use a this section, as appropriate, within 12 Endangered and Threatened Wildlife telecommunications device for the deaf months following the date the area is and Plants; Designation of Critical (TDD), call the Federal Information identified regardless of the prior Habitat for Roswell Springsnail, Relay Service (FIRS) at 800–877–8339. categorization of the pipeline; and Koster’s Springsnail, Noel’s SUPPLEMENTARY INFORMATION: (ii) Complete the baseline assessment Amphipod, and Pecos Assiminea required by paragraph (c)(1)(iii)(C) or Public Comments (c)(2)(iii)(C) of this section, as AGENCY: Fish and Wildlife Service, We intend that any final action appropriate, according to the schedule Interior. resulting from this proposed rule will be in § 195.452(d)(3). ACTION: Proposed rule. based on the best scientific and (2) If a change to the boundaries of a SUMMARY: We, the U.S. Fish and commercial data available and be as USA cause a Category 1 or Category 2 Wildlife Service, propose to revise accurate and as effective as possible. pipeline segment to no longer be within designated critical habitat for the Pecos Therefore, we request comments or one-half mile of a USA, an operator assiminea (Assiminea pecos), and to information from other concerned must continue to comply with newly designate critical habitat for the government agencies, the scientific paragraph (c)(1)(iii) or paragraph Roswell springsnail (Pyrgulopsis community, industry, or other (c)(2)(iii) of this section, as applicable, roswellensis), Koster’s springsnail interested parties concerning the with respect to that segment unless the (Juturnia kosteri), and Noel’s amphipod proposed revisions to critical habitat for operator determines that a release from (Gammarus desperatus), under the the Pecos assiminea (Assiminea pecos), the pipeline could not affect the USA. Endangered Species Act of 1973, as and the proposed critical habitat for the (f) Record Retention. An operator amended. In total, we are proposing to must maintain records demonstrating Roswell springsnail (Pyrgulopsis designate as critical habitat roswellensis), Koster’s springsnail compliance with each requirement approximately 515 acres (208.4 applicable to the category of pipeline (Juturnia kosteri), and Noel’s amphipod hectares) for the four species. The (Gammarus desperatus), as well as the according to the following schedule. proposed critical habitat is located in (1) An operator must maintain the draft economic analysis and draft Chaves County, New Mexico, and Pecos environmental assessment of the segment identification records required and Reeves Counties, Texas. We also in paragraph (c)(1)(i), (c)(2) (i) or (c)(3)(i) proposed designation. We will consider announce the availability of the draft information and recommendations from of this section for the life of the pipe. economic analysis and draft (2) An operator must maintain the all interested parties. We particularly environmental assessment for this seek comments concerning: records necessary to demonstrate action. compliance with each applicable (1) The reasons why we should or requirement set forth in paragraph (c) of DATES: We request that comments be should not designate habitat as ‘‘critical this section according to the record received or postmarked on or before habitat’’ under section 4 of the retention requirements of the referenced August 23, 2010. Please note that Endangered Species Act of 1973, as section or subpart. submissions via the Federal amended (Act) (16 U.S.C. 1531 et seq.), 4. Section 195.48 is revised to read as eRulemaking Portal (see ADDRESSES including whether there are threats to follows: section, below) must be made by 11:59 the species from human activity, the pm Eastern Standard Time on this date. degree of which can be expected to § 195.48 Scope. We must receive requests for public increase due to the designation, and This subpart prescribes requirements hearings, in writing, at the address whether that increase in threat for periodic reporting and for reporting shown in the FOR FURTHER INFORMATION outweighs the benefit of designation of accidents and safety-related CONTACT section by August 6, 2010. such that the designation of critical conditions. This subpart applies to all ADDRESSES: You may submit comments habitat is not prudent. pipelines subject to this part. An by one of the following methods: (2) Specific information on: operator of a Category 3 rural low-stress • Federal eRulemaking Portal: http:// • The amount and distribution of pipeline meeting the criteria in § 195.12 www.regulations.gov. Search for docket habitat for the Roswell springsnail,

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS 35376 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules

Koster’s springsnail, Noel’s amphipod, we request that you send relevant New Mexico Ecological Services Field and Pecos assiminea (four information for our consideration. The Office (see FOR FURTHER INFORMATION invertebrates); comments that will be most useful and CONTACT), or by visiting our website at • What areas occupied at the time of likely to influence our decisions are http://www.fws.gov/southwest/es/ listing and that contain features those that you support by quantitative NewMexico/. essential to the conservation of the information or studies and those that Public Availability of Comments species we should include in the include citations to, and analyses of, the designation and why; applicable laws and regulations. Please As stated above in more detail, before • Special management considerations make your comments as specific as including your address, phone number, or protections that the features essential possible and explain the bases for them. e-mail address, or other personal to the conservation of the Roswell In addition, please include sufficient identifying information in your springsnail, Koster’s springsnail, Noel’s information with your comments to comment, you should be aware that amphipod, and Pecos assiminea that allow us to authenticate any scientific or your entire comment—including your have been identified in this proposal commercial data you include. personal identifying information—may may require, including managing for the You must submit your comments and be made publicly available at any time. potential effects of climate change; and materials concerning this proposed rule, While you can ask us in your comment • What areas not occupied at the time the associated draft economic analysis, to withhold your personal identifying of listing are essential for the and the associated draft environmental information from public review, we conservation of the species and why. assessment by one of the methods listed cannot guarantee that we will be able to (3) Land use management and current above in the ADDRESSES section. We will do so. or planned activities in the subject areas not accept comments sent by e-mail or Background and their possible impacts on proposed fax or to an address not listed in critical habitat. ADDRESSES. It is our intent to discuss only those (4) Any probable economic, national If you submit a comment via http:// topics relevant to the designation of security, or other relevant impacts of www.regulations.gov, your entire critical habitat in this proposed rule. For designating any area that may be comment—including any personal more information on the Roswell included in the final designation. We identifying information, such as your springsnail (Pyrgulopsis roswellensis), are particularly interested in any address, telephone number, or e-mail Koster’s springsnail (Juturnia kosteri), impacts on small entities or families, address—will be posted on the Web site. Noel’s amphipod (Gammarus and the benefits of including or Please note that comments submitted to desperatus), and Pecos assiminea excluding areas that exhibit these this Web site are not immediately (Assiminea pecos), refer to the final impacts. viewable. When you submit a comment, listing rule published in the Federal (5) Information on whether the draft the system receives it immediately. Register on August 9, 2005 (70 FR economic analysis identifies all local However, the comment will not be 46304), and to the document costs attributable to the proposed publicly viewable until we post it, announcing the reopening of the critical habitat designation and which might not occur until several comment period on the proposed information on any costs that have been days after submission. designation of lands of the Bitter Lake inadvertently overlooked. If you mail or hand-carry a hardcopy National Wildlife Refuge as critical (6) Whether the draft economic comment directly to us that includes habitat for these species that published analysis correctly assesses the effect on personal information, you may request on March 12, 2009 (74 FR 10701). regional costs associated with any land at the top of your document that we All four invertebrate species are use controls that may derive from the withhold this information from public associated with aquifer-fed spring designation of critical habitat. review. However, we cannot guarantee systems in desert grasslands of the (7) Whether the draft economic that we will be able to do so. To ensure Pecos River Basin in southeast New analysis or draft environmental that the electronic docket for this Mexico and southwest Texas. This basin assessment makes appropriate rulemaking is complete and all has abundant ‘‘karst’’ topography assumptions regarding current practices comments we receive are publicly (landscape created by groundwater and likely regulatory changes imposed available, we will post all hardcopy dissolving sedimentary rock), such as as a result of the designation of critical comments on http:// sinkholes, caverns, springs, and habitat. www.regulations.gov. underground springs, which have (8) Whether the draft economic In addition, comments and materials created unique settings harboring analysis and draft environmental we receive, as well as supporting diverse assemblages of plants and assessment appropriately identify all documentation used in preparing this animals. The isolated limestone and costs and benefits that could result from proposed rule, will be available for gypsum springs, seeps, and wetlands the designation. public inspection in two ways: located in and around Roswell, New (9) Economic data on the incremental (1) You can view them on http:// Mexico, and Pecos and Reeves Counties, effects that would result from www.regulations.gov. Search for docket Texas, provide the last known habitats designating any particular area as number FWS-R2-ES-2009-0014. in the world for several endemic critical habitat. (2) You can make an appointment, (native) species of fish, plants, mollusks, (10) Whether we could improve or during normal business hours, to view and crustaceans, including the Roswell modify our approach to designating the comments and materials in person at springsnail and Koster’s springsnail of critical habitat in any way to provide for he U.S. Fish and Wildlife Service, New the freshwater snail family Hydrobiidae, greater public participation and Mexico Ecological Services Field Office Pecos assiminea of the snail family understanding, or to better (see FOR FURTHER INFORMATION CONTACT). Assimineidae, and Noel’s amphipod (a accommodate public concerns and You may obtain copies of the original crustacean of the family Gammaridae) comments. proposed rule, the draft economic (New Mexico Department of Game and To ensure that any final action analysis, and the draft environmental Fish (NMDGF) 2005, pp. 9-12) . resulting from this proposed rule will be assessment online at http:// The Roswell springsnail and Koster’s as accurate and as effective as possible, www.regulations.gov, by mail from the springsnail are aquatic species,

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules 35377

distributed in geographically separate centimeters (cm)) of running water. designation of lands of the Bitter Lake populations in isolated limestone and Pecos assiminea is presently known National Wildlife Refuge as critical gypsum springs, seeps, and wetlands. from two sites at the Refuge, from a habitat for the four invertebrates (74 FR As with other snails in the family large population at Diamond Y Spring 10701). Hydrobiidae, the Roswell springsnail and its associated drainage in Pecos Critical Habitat and Koster’s springsnail are completely County, Texas, and at East Sandia aquatic but can survive in seepage areas, Spring, in Reeves County, Texas. On the Background as long as flows are perennial and Refuge, Pecos assiminea occurs Critical habitat is defined in section 3 within the species’ physiological sporadically in Bitter Creek, in a dense of the Act as: tolerance limits (NMDGF 2005, p. 9). population around the perimeter of a (i) The specific areas within the The Roswell springsnail and Koster’s sinkhole within the Sago Springs geographical area occupied by the springsnail are currently known only Complex, on the western perimeter of species, at the time it is listed in from the Middle Tract of Bitter Lake Impoundment 7, and in the extreme accordance with the Act, on which are National Wildlife Refuge (Refuge) and a southwest corner of Impoundment 15 found those physical or biological nearby complex of springs owned by the (NMDGF 2005, p. 10). Critical habitat is features city of Roswell, Chaves County, New currently designated for the Pecos (I) essential to the conservation of the Mexico. The core population of Roswell assiminea at the Texas sites. species and Noel’s amphipod is a small, springsnail is in the Sago Springs (II) which may require special Complex and Bitter Creek on the Refuge. freshwater shrimp in the family management considerations or The Sago Springs Complex is Gammaridae that inhabits shallow, cool, protection; and well-oxygenated waters of streams, approximately 1,000 feet (ft) (304 meters (ii) Specific areas outside the (m)) long, half of which flows ponds, ditches, sloughs, and springs geographical area occupied by the underground with aboveground flow in (Holsinger 1976, p. 28; Pennak 1989, p. species at the time it is listed, upon a the upper reaches restricted to 478). Noel’s amphipod is currently determination that such areas are sinkholes. Bitter Creek is six times known from the following five sites at essential for the conservation of the longer than the Sago Springs Complex the Refuge: Sago Springs Complex, species. and has a total length of 1.1 miles (mi) Bitter Creek and its headwater springs, Conservation, as defined under (1.8 kilometers (km)). Roswell Unit 6 spring-ditch, Unit 7 spring-ditch, section 3 of the Act, means to use and springsnail formerly occurred on private and Hunter Marsh (NMDGF 2005, p. 9; the use of all methods and procedures land at North Spring east of Roswell but Sanchez 2009, p. 1). It is also found in that are necessary to bring an has since been extirpated (NMDGF several springs just outside the Refuge endangered or threatened species to the 2005, p. 12). boundary on property owned by the Koster’s springsnail is most abundant City of Roswell (G. Warrick, pers. point at which the measures provided in the deep organic substrates (material comm., 2005). The species was under the Act are no longer necessary. on the bottom of the stream) of Bitter extirpated from Lander Springbrook Such methods and procedures include, Creek and its headwaters (Lang 1999, p. between 1951 and 1960, and the North but are not limited to, all activities B36; NMDGF 2005, p. 13) on the Refuge; Spring population was lost between associated with scientific resources it also occurs at the Sago Springs 1978 and 1988 (NMDGF 2005, p. 9). The management such as research, census, Complex, but in lower numbers, as well extirpations were attributed to regional law enforcement, habitat acquisition as in Lake St. Francis, in the groundwater depletions and habitat and maintenance, propagation, live southwestern corner of Impoundment alterations (spring channelization), trapping, transplantation, and, in the 15, in Hunter Marsh, in the spring- respectively (Cole 1985, p. 94). extraordinary case where population ditches of Impoundments 6 and 7, and pressures within a given ecosystem Previous Federal Actions in several springs adjacent to the Refuge cannot be otherwise relieved, may owned by the city of Roswell (NMDGF On August 9, 2005, we listed Roswell include regulated taking. 2005, p. 13; Sanchez 2009, p. 1; B. Lang, springsnail (Pyrgulopsis roswellensis), Critical habitat receives protection NMDGF, pers. comm. 2010) The species Koster’s springsnail (Juturnia kosteri), under section 7 of the Act through the has not been found in recent times along Noel’s amphipod (Gammarus prohibition against Federal agencies the western boundary of the spring run desperatus), and Pecos assiminea carrying out, funding, or authorizing the originating from the saline waters of (Assiminea pecos) as endangered under destruction or adverse modification of Bitter Lake, bordering Impoundment 3 the Act (70 FR 46304). In that rule, we critical habitat. Section 7(a)(2) requires on the Refuge (NMDGF 2005, p. 12), and also designated critical habitat for Pecos consultation on Federal actions that it was recently extirpated from North assiminea at Diamond Y Springs may affect critical habitat. The Spring (NMDGF 2005, p. 11). Fossil Complex in Pecos County, Texas, and at designation of critical habitat does not records indicate that at least one or East Sandia Springs in Reeves County, affect land ownership or establish a more of these snail species was Texas. We excluded Bitter Lake refuge, wilderness, reserve, preserve, or historically found at Berrendo Spring, National Wildlife Refuge from the other conservation area. Such North Spring, and South Spring River,, critical habitat designation because designation does not allow the and along the Pecos River (NMDGF special management for the four government or public to access private 1999, pp. A1, A3, A8, A11). This invertebrates was already occurring on lands. Such designation does not evidence suggests an apparent historical the Refuge. require implementation of restoration, decline in the numbers, range, and On March 12, 2009, in response to a recovery, or enhancement measures by distribution of these species. complaint filed by Forest Guardians non-Federal landowners. Where a The Pecos assiminea is a minute (now WildEarth Guardians) challenging landowner seeks or requests Federal marsh snail that seldom occurs the exclusion of the Refuge from the agency funding or authorization for an immersed in water but prefers a humid final critical habitat designation for the action that may affect a listed species or microhabitat created by wet mud or four species, we published a document critical habitat, the consultation beneath vegetation mats, typically announcing the reopening of the requirements of section 7(a)(2) would within about 1 inch (in) (2 to 3 comment period on the proposed apply, but even in the event of a

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS 35378 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules

destruction or adverse modification surveys and studies, biological historic, geographical, and ecological finding, the Federal action agency’s and assessments, or other unpublished distributions of a species. the applicant’s obligation is not to materials and expert opinion or We consider the physical or biological restore or recover the species, but to personal knowledge. features essential to the conservation of implement reasonable and prudent Habitat is often dynamic, and species the species to be the primary constituent alternatives to avoid destruction or may move from one area to another over elements (PCEs) laid out in the adverse modification of critical habitat. time. Furthermore, we recognize that appropriate quantity and spatial For inclusion in a critical habitat critical habitat designated at a particular arrangement for the conservation of the designation, the habitat within the point in time may not include all of the species. We derived the specific PCEs geographical area occupied by the habitat areas that we may later from the biological needs of the Roswell species at the time it was listed must determine are necessary for the recovery springsnail, Koster’s springsnail, Noel’s contain the physical and biological of the species. For these reasons, a amphipod, and Pecos assiminea. We features essential to the conservation of critical habitat designation does not determined the PCEs for the four the species and be included only if signal that habitat outside the invertebrates from data and studies on those features may require special designated area is unimportant or may their general habitat and life history management considerations or not be required for recovery of the requirements including, but not limited protection. Critical habitat designations species. to: Noel 1954, pp. 120-135; Cole 1981, identify, to the extent known using the Areas that are important to the pp. 27-32; Taylor 1987, pp. 1-46; Pennak best scientific and commercial data conservation of the species, but are 1978, pp. 451-463; Pennak 1989, pp. available, habitat areas that provide outside the critical habitat designation, 474-488; NMDGF 1999, p. A1-B46; and essential life cycle needs of the species will continue to be subject to NMDGF 2005, pp. 1-80. A description of (areas on which are found the physical conservation actions we implement the essential environment as it relates to and biological features laid out in the under section 7(a)(1) of the Act. Areas the specific PCEs required of the four appropriate quantity and spatial that support populations are also subject invertebrates is described below. arrangement for the conservation of the to the regulatory protections afforded by species). Under the Act and regulations the section 7(a)(2) jeopardy standard, as Space for Individual and Population at 50 CFR 424.12, we can designate determined on the basis of the best Growth and for Normal Behavior critical habitat in areas outside the available scientific information at the Roswell springsnail, Koster’s geographical area occupied by the time of the agency action. Federally springsnail, Noel’s amphipod species at the time it is listed only when funded or permitted projects affecting The aquatic environment provides we determine that those areas are listed species outside their designated essential for the conservation of the foraging and sheltering habitat for critical habitat areas may still result in Roswell springsnail, Koster’s species and that designation limited to jeopardy findings in some cases. those areas occupied at the time of springsnail, and Noel’s amphipod, as Similarly, critical habitat designations well as habitat structure necessary for listing would be inadequate to ensure made on the basis of the best available the conservation of the species. reproduction and survival of offspring. information at the time of designation These invertebrates are completely Section 4 of the Act requires that we will not control the direction and designate critical habitat on the basis of aquatic and require perennial, flowing substance of future recovery plans, water for all of their life stages. The the best scientific and commercial data habitat conservation plans (HCPs), or available. Further, our Policy on springsnails can survive in seepage other species conservation planning areas, as long as flows are perennial and Information Standards Under the efforts if new information available at Endangered Species Act (published in within the species’ physiological the time these planning efforts calls for tolerance limit; pool-like habitat is less the Federal Register on July 1, 1994 (59 a different outcome. FR 34271)), the Information Quality Act suitable for these species, which prefer (section 515 of the Treasury and General Primary Constituent Elements flowing water. They inhabit springs and Government Appropriations Act for In accordance with section 3(5)(A)(i) spring-fed wetland systems with Fiscal Year 2001 (Pub. L. 106-554; H.R. and 4(b)(1)(A) of the Act and the variable water temperatures (10–20 5658)), and our associated Information degrees Celsius (oC) (50–68 degrees regulations at 50 CFR 424.12, in o Quality Guidelines, provide criteria, determining which areas within the Fahrenheit ( F)). In general, the establish procedures, and provide geographical area occupied at the time springsnails inhabit slow to moderate guidance to ensure that our decisions of listing to propose as critical habitat, water velocities over compact substrate are based on the best scientific data we consider the physical and biological ranging from deep organic silts to available. They require our biologists, to features essential to the conservation of gypsum sands and gravel (NMDGF the extent consistent with the Act and the species that may require special 2005, pp. 13, 16). Habitat of Koster’s with the use of the best scientific data management considerations or springsnail consists of soft substrates of available, to use primary and original protection. These include, but are not springs and seeps (Taylor 1987, p. 43). sources of information as the basis for limited to: Roswell springsnail, on the other hand, recommendations to designate critical (1) Space for individual and was found to be most abundant on hard, habitat. population growth and for normal gypsum substrate (NMDGF 2005, p. 16), When we are determining which areas behavior; which may make the species more should be designated as critical habitat, (2) Food, water, air, light, minerals, or susceptible to sedimentation. Noel’s our primary source of information is other nutritional or physiological amphipod is found beneath stones and generally the information developed requirements; in aquatic vegetation (Cole 1988, p. 5; during the listing process for the (3) Cover or shelter; Smith 2001, pp. 572-574). The addition species. Additional information sources (4) Sites for breeding, reproduction, or of stones, which increased current may include the recovery plan for the rearing (or development) of offspring; velocity, appeared to improve habitat species, articles in peer-reviewed and for Noel’s amphipod along Unit 6 journals, conservation plans developed (5) Habitats that are protected from spring-ditch on the Refuge (Lang 2002, by States and counties, scientific status disturbance or are representative of the p. 2).

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules 35379

The two springsnails and Noel’s necessary nutrients, detritus, and (a) Algae, bacteria, and decaying amphipod are sensitive to water bacteria on which these species forage. organic material; and contamination. Amphipods generally do Resource abundance and productivity (b) Submergent vegetation that not tolerate habitat desiccation (drying), appears to be an important factor in contributes the necessary nutrients, standing water, sedimentation, or other regulating population size (NMDGF detritus, and bacteria on which these adverse environmental conditions; they 2005, p. 16). species forage. are very sensitive to habitat degradation Noel’s amphipod (NMDGF 2000, p. B3; Smith 2001, p. Noel’s amphipod 575; NMDGF 2005, p. 15). Further, Amphipods are omnivorous, feeding Based on the above needs and our Taylor (1985, p. 15) concluded that an on algae, submergent vegetation, and current knowledge of the life history, unidentified groundwater pollutant was decaying organic matter (Holsinger biology, and ecology of the species and responsible for reduction in abundance 1976, p. 28; Pennak 1989, p. 476). Noel’s the habitat requirements for sustaining of springsnail species in the headspring amphipod is often found in beds of the essential life history functions of the and outflow of Diamond Y Spring, in submerged aquatic plants, indicating species, we have determined that the Pecos County, Texas. that they probably feed on a surface film primary constituent element essential to the conservation of Noel’s amphipod is Pecos assiminea of algae, diatoms, bacteria, and fungi (Smith 2001, p. 575; NMDGF 2005, p. springs and spring-fed wetland systems The Pecos assiminea requires 14). Young amphipods depend on that: saturated, moist soil at stream or spring- microbial foods, such as algae and (1) Have permanent, flowing, run margins and is found in wet mud or bacteria, associated with aquatic plants unpolluted water; beneath mats of vegetation, usually (Covich and Thorp 1991, p. 677). (2) Have slow to moderate water within 1 in (2 to 3 cm) of flowing water. Cannibalism may occur at high densities velocities; Spring complexes that contain flowing when food becomes limiting (Smith (3) Have substrates including water create saturated soils that provide 2001, p. 575; NMDGF 2005, p. 15). limestone cobble and aquatic vegetation; the specific habitat needed for (4) Have stable water levels with population growth, sheltering, and Pecos assiminea natural diurnal (daily) and seasonal normal behavior of the species. The Pecos assiminea has a file-like variations; Although this snail seldom occurs radula (a ribbon of teeth) situated (5) Consist of fresh to moderately immersed in water, the species cannot behind the mouth that it uses to graze saline water; withstand permanent drying of springs or scrape food from the foraging surface. (6) Have minimal sedimentation; or spring complexes. Consequently, Saturated soils and wetland vegetation (7) Vary in temperature between 10– wetland plant species are required to adjacent to spring complexes contribute 20 oC (50–68 oF) with natural seasonal provide leaf litter (dead leaf material), to the necessary components to support and diurnal variations slightly above shade, and appropriate microhabitat. the algae, detritus, and bacteria on and below that range; and Plant species such as American three- which this species forages. (8) Provide abundant food, consisting square (Scirpus americanus), spike rush of: (Eleocharis spp.), inland saltgrass Summary of Primary Constituent (a) Submergent vegetation and (Distichlis spicata), and rushes (Juncus Elements decaying organic matter; spp.) provide the appropriate cover and Roswell springsnail and Koster’s (b) A surface film of algae, diatoms, shelter required by Pecos assiminea springsnail bacteria, and fungi; and (NMDGF 2005, p. 13). (c) Microbial foods, such as algae and Based on the above needs and our bacteria, associated with aquatic plants Food current knowledge of the life history, algae, bacteria, and decaying organic Invertebrates in small spring biology, and ecology of the species and material. ecosystems depend on food from two the habitat requirements for sustaining sources: that which grows in or on the the essential life history functions of the Pecos assiminea substrate (aquatic and attached plants species, we have determined that the Based on the above needs and our and algae) and that which falls or is primary constituent element essential to current knowledge of the life history, blown into the system (primarily the conservation of Roswell springsnail biology, and ecology of the species and leaves). Leaves from nonnative plants and Koster’s springsnail is springs and the habitat requirements for sustaining that fall into the water are often less spring-fed wetland systems that: the essential life history functions of the suitable food sources for invertebrates (1) Have permanent, flowing, species, we have determined that the because of either their resins or their unpolluted water; primary constituent element essential to physical structure (Bailey et al. 2001, p. (2) Have slow to moderate water the conservation of Pecos assiminea is 445). Water is also the medium velocities; moist or saturated soil at stream or necessary to provide the algae, detritus (3) Have substrates ranging from deep spring run margins: (dead or partially decayed plant organic silts to limestone cobble and (1) With native vegetation growing in materials or animals), bacteria, and gypsum; or adapted to aquatic or very wet submergent vegetation on which all four (4) Have stable water levels with environment, such as salt grass or species depend as a food resource. natural diurnal (daily) and seasonal sedges; variations; (2) That consists of wet mud or occurs Roswell springsnail and Koster’s (5) Consist of fresh to moderately beneath mats of vegetation; springsnail saline water; (3) That is within 1 inch (2 to 3 The springsnails feed on algae, (6) Vary in temperature between 10– centimeters) of flowing water; bacteria, and decaying organic material 20 oC (50–68 oF) with natural seasonal (4) That has native wetland plant (NMDGF 2005, p. 14). They will also and diurnal variations slightly above species that provide leaf litter, shade, incidentally ingest small invertebrates and below that range; and cover, and appropriate microhabitat; while grazing on algae and detritus. (7) Provide abundant food, consisting (5) That contains wetland vegetation Submergent vegetation contributes the of: adjacent to spring complexes that

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS 35380 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules

supports the algae, detritus, and bacteria habitat continued to flow, even though pumping in the area of the local aquifer needed for foraging; groundwater pumping was at its highest that supports the spring. Measured (6) That has adjacent spring rate and the area was experiencing discharges in 1995 and 1996 ranged complexes with: extreme drought (McCord et al. 2007, p. from 0.45 to 4.07 cfs (0.013 to 0.11 cms) (a) Permanent, flowing, unpolluted, 15). This suggests these springs and (Schuster 1997, p. 94). The small fresh to moderately saline water; and seeps may be somewhat resilient to outflow channel from East Sandia (b) Stable water levels with natural reduced water levels, although climate Spring has not been significantly diurnal and seasonal variations. change may test that resiliency. Models modified, and water flows into an Special Management Considerations or suggest climate change may cause the irrigation system approximately 328 to Protection southwestern United States to 656 ft (100 to 200 m) after surfacing. experience the greatest temperature Water Contamination When designating critical habitat, we increase of any area in the lower 48 assess whether the specific areas within States (IPCC 2007, p. 15). There is also Water contamination, particularly the geographical area occupied by the high confidence that many semi-arid from oil and gas operations, is a species at the time of listing contain areas like the western United States will significant threat for these four features that are essential to the suffer a decrease in water resources due invertebrates. In order to assess the conservation of the species and that may to climate change (IPCC 2007, p. 16), as potential for contamination, a study was require special management a result of less annual mean completed in September 1999 to considerations or protection. As stated precipitation and reduced length of delineate the area that serves as sources in the final listing rule (70 FR 46304, snow season and snow depth of water for the springs on the Refuge August 9, 2005), threats to the four (Christensen et al. 2007, p. 850). These (Balleau et al. 1999, pp. 1-42). This invertebrates include reducing or predictions underscore the importance study reported that the sources of water eliminating water in suitable or of maintaining aquifer levels to ensure that will reach the Refuge’s springs occupied habitat through drought or survival of the four invertebrates. include a broad area beginning west of pumping; introducing pollutants to The primary threat to Pecos assiminea Roswell near Eightmile Draw, extending levels unsuitable for the species from in Texas is the potential failure of spring to the northeast to Salt Creek, and urban areas, agriculture, release of flow due to excessive groundwater southeast to the Refuge. This area chemicals, and oil and gas operations; pumping or drought or both, which represents possible pathways that fires that reduce or eliminate available would result in total habitat loss for the contaminants may enter the habitat; and introducing nonnative species. Diamond Y Spring is the last groundwater that feeds the springs on species into the invertebrates’ inhabited major spring still flowing in Pecos the Refuge. This broad area sits within spring systems such that suitable habitat County, Texas (Veni 1991, p. 2). a portion of the Roswell Basin and is reduced or eliminated. Each of these Pumping of the regional aquifer system contains a mosaic of Federal, State, and threats is discussed below. for agricultural production of crops has private lands with multiple land uses Water Quantity resulted in the drying of most other including expanding urban springs in this region (Brune 1981, p. development. These four species depend on water 356). Other springs that have already There are 378 natural gas and oil for survival. Therefore, the loss or failed include Comanche Springs, wells in the 12-township area alteration of spring habitat continues to which was once a large spring in Fort encompassing the source-water capture be the main threat to the four Stockton, Texas, about 8 mi (12.9 km) zone for the Middle Tract of the Refuge invertebrates. The scattered distribution from Diamond Y Spring. Comanche (the only tract on which these species of springs makes them aquatic islands of Springs flowed at more than 142 cubic are found) that are potential sources of unique habitat in an arid-land matrix feet per second (cfs) (4.0 cubic meters contamination (Go-Tech 2010). Of these, (Myers and Resh 1999, p. 815). Members per second (cms)) (Scudday 1977, p. 17 oil and gas leases are currently of the snail family Hydrobiidae 515; Brune 1981, p. 358) and within the habitat protection zone (including Roswell and Koster’s undoubtedly provided habitat for rare designated by the Bureau of Land springsnails) are susceptible to species of fish and invertebrates, Management (BLM) to reduce risk from extirpation or extinction because they including springsnails. The spring drilling operations to the four often occur in isolated desert springs ceased flowing by 1962 (Brune 1981, p. invertebrates. This habitat protection (Hershler 1989, p. 294; Hershler and 358) except for brief periods (Small and zone encompasses 12,585 ac (5,093 ha) Pratt 1990, p. 291; Hershler 1994, p. 1; Ozuna 1993, p. 26). Leon Springs, of the Federal mineral estate within the Lydeard et al. 2004, p. 326). There is located upstream of Diamond Y Spring water resource area for the Refuge (U.S. evidence these habitats have been in the Leon Creek watershed, was Fish and Wildlife Service (Service) historically reduced or eliminated by measured at 18 cfs (0.5 cms) in the 2005a, pp. 3-8). Twenty natural gas aquifer depletion (Jones and Balleau 1930s and was also known to contain wells currently exist on these leases. 1996, p. 4). The lowering of water tables rare fish, but ceased flowing in the The BLM has estimated a maximum through aquifer withdrawals for 1950s following significant irrigation potential development of 66 additional irrigation and municipal use has pumping (Brune 1981, p. 359). There wells within the habitat protection zone, degraded desert spring habitats. At least have been no continuous records of according to well spacing requirements two historic sites for the invertebrates spring flow discharge at Diamond Y established by the New Mexico Oil (South Spring, Lander Spring) are Spring by which to determine trends in Conservation Division (Service 2005a, p. currently dry due to aquifer depletion spring flow. 4-6). From 2002 to 2004, there were 200 (Cole 1981, p. 27; Jones and Balleau East Sandia Spring discharges at an notices of ‘‘intentions to drill’’ (59 on 1996, p. 5), and Berrendo Spring, elevation of 3,205 ft (977 m) from State, 33 on private, and 108 on Federal historical habitat for the Roswell alluvial sand and gravel (Schuster 1997, lands) filed for oil or natural gas in springsnail, is currently at 12 percent of pp. 92-93). Brune (1981, pp. 385-386) Chaves County (Go-Tech 2005). the original 1880s flow. However, noted that flows from East Sandia There are numerous examples in during the mid-1970s, the areas Springs were declining. East Sandia which oil and gas operations have met proposed in this document as critical Spring may be very susceptible to over- regulatory standards within karst lands

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules 35381

in New Mexico and other States, but confluence with Diamond Y Draw. The loads, limiting the risk of detrimental these measures failed to protect oil was from a ruptured pipeline at a wildfires. groundwater resources and prevent point several hundred feet away from Removal of vegetative cover by aquifer drawdown (McCord et al. 2007, the Leon Creek channel. The site itself burning in habitats occupied by Pecos p. 8). To clean the aquifer would be is about 1 mi (1.6 km) overland from assiminea may be an important factor in extremely difficult should it become Diamond Y Spring. The distance that decline or loss of populations (Taylor contaminated by oil, chemicals, or surface runoff of oil residues must travel 1987, p. 5, NMDGF 2005, p. 16). It is organics, such as nitrates. In most cases, is about 2 mi (3.2 km) down Leon Creek likely that Pecos assiminea may survive contamination of an underground to reach Diamond Y Draw. The pipeline fire or other vegetation reduction if aquifer by agricultural, industrial, or was operated at the time of the spill by sufficient litter and ground cover remain domestic sources is treated only at the the Texas-New Mexico Pipeline to sustain appropriate soil moisture and source. When a contamination site is Company, but ownership has since been humidity at a microhabitat scale discovered, the source of the transferred to several other companies. (NMDGF 2005, p. 16; Service 2004, pp. contamination is treated, and rarely do The Texas Railroad Commission has 4-5). Complete combustion of vegetation remediation efforts pump water from been responsible for overseeing cleanup and litter, high soil temperatures during the aquifer and treat it before sending it of the spill site. Remediation of the site fire, or extensive vegetation removal back. This is largely because these initially involved aboveground land resulting in soil and litter drying may techniques are very costly and difficult farming of contaminated soil and rock create unsuitable habitat conditions and to apply (S. McGrath, pers. comm. strata to allow microbial degradation. In loss of populations (NMDGF 2005, p. 2001). Because these invertebrate recent years, remediation efforts have 16). Pecos assiminea was discovered at species are sensitive to contaminants, focused on vacuuming oil residues from Dragonfly Spring following the burning efforts to clean up pollution after the the surface of groundwater exposed by of habitat there during the Sandhill Fire aquifer has been contaminated may not trenches dug at the spill site. No (NMDGF 2005, p. 16). Season of be sufficient to protect these species and impacts on the rare fauna of Diamond Y burning, intensity of the fire, and the aquatic habitat on which they Springs Complex have been observed, frequency of fire likely determine the depend. but no specific monitoring of the effects magnitude of the fire’s effects on Pecos Currently there are two active gas of the spill was undertaken (Service assiminea population persistence and wells on the Middle Tract of the Refuge 2005a, pp. 4-12). abundance (NMDGF 2005, p. 16), as the that are upstream (within the species has been found to persist in underground watershed) of occupied Fire areas following fires (Lang 2002, p. B8). habitat for the four invertebrates. In Fire suppression efforts on the Refuge Pecos assiminea is relatively vulnerable 2006, Yates Petroleum applied for two are largely restricted to established to fires because the assiminea resides at additional gas wells, one of which roads due to the safety hazards of or near the surface of the water. would have been just upstream of transporting equipment over karst Introduced Species occupied habitat for the four terrain. This severely limits the ability invertebrates. The applications have to quickly suppress fires that threaten Introduced species are one of the most since been withdrawn, although the fragile aquatic habitats on the Refuge. serious threats to native aquatic species potential for oil and gas development On March 5, 2000, the Sandhill wildfire (Williams et al. 1989, p. 18; Lodge et al. remains. burned 1,000 ac (405 ha) of the western 2000, p. 7). Because the distribution of The Diamond Y Springs Complex is portion of the Refuge, including the four invertebrates is so limited, and within an active oil and gas extraction portions of Bitter Creek. The fire burned their habitat so restricted, introduction field. At this time there are still many through Dragonfly Spring, a spring in of certain nonnative species into their active wells and pipelines located the headwaters of Bitter Creek, which is habitat could be devastating. Several within a hundred meters of the surface occupied habitat for Noel’s amphipod invasive terrestrial plant species that waters at the springs. In addition, a and Koster’s springsnail. The fire may affect the invertebrates are present natural gas refinery is located within 0.5 eliminated vegetation shading the on the Refuge, including saltcedar mi (0.8 km) upstream of Diamond Y spring, and generated a substantial (Tamarix ramossisima), common reed, Spring. There are also old brine pits, amount of ash in the spring system and Russian thistle (Salsola spp.). which can contribute salt and other (Lang 2002, p. 3; NMDGF 2005, p. 15). Control and removal of nonnative mineral pollutants to the groundwater, This resulted in the formation of dense vegetation has been identified as a factor associated with previous drilling within algal mats, increased water temperature responsible for localized extirpations of feet of surface waters. In addition, oil fluctuations, increased maximum water populations of Pecos assiminea in and gas pipelines cross the spring temperatures, and decreased dissolved Mexico and New Mexico (Taylor 1987, outflow channels and marshes where oxygen levels (Lang 2002, pp. 5-6). The p. 5). Saltcedar, found on the Refuge the species occurs, creating a constant pre-fire dominant vegetation of and at Diamond Y Spring Complex and potential for contamination from submerged aquatic plants and mixed East Sandia Spring, threatens spring pollutants from leaks or spills. These native grasses within the burned area habitats primarily through the amount activities pose a threat to the habitat of has also been replaced by the invasive of water it consumes and from the the Pecos assiminea by creating the common reed (Phragmites australis) chemical composition of the leaves that potential for pollutants to enter (NMDGF 2005, p. 15; 2008, p. 8). drop to the ground and into the springs. underground aquifers that contribute to Following the fire at Dragonfly Spring, Saltcedar leaves that fall to the ground spring flow or by point sources from a dramatic reduction in Noel’s and into the water add salt to the spills and leaks of petroleum products amphipod was observed, and Koster’s system, as their leaves contain salt on the surface. springsnail presently occurs at lower glands (DiTomaso 1998, p. 333). As an example of the likelihood of a densities than were observed prior to Additionally, dense stands of common spill occurring, in 1992 approximately the fire (Lang 2002, p. 7; NMDGF 2006a, reed choke the stream channel, slowing 10,600 barrels of crude oil were released p. 9). Strategically timed prescribed water velocity and creating more pool- from a 6-in (15.2 cm) pipeline that burns throughout the range of the like habitat; this habitat is less suitable traverses Leon Creek above its species would significantly reduce fuel for Roswell and Koster’s springsnails,

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS 35382 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules

which prefer flowing water. Finally, B46; NMDGF 2006b, pp. 1-16; NMDGF Essential Areas Russian thistle (tumbleweed) can create 2007, pp. 1-20; and NMDGF 2008, pp. problems in spring systems by being 1-28) and the State recovery plan For areas not occupied by the species blown into the channel, slowing flow (NMDGF 2005, pp. 1-80) in making this at the time of listing, the Service must and overloading the system with organic determination. We also reviewed the demonstrate that these areas are material (Service 2005b, p. 2). available literature pertaining to habitat essential to the conservation of the Nonnative mollusks have affected the requirements, historic localities, and species in order to include them in a distribution and abundance of native current localities for these species. This critical habitat designation. The four mollusks in the United States. Of includes data submitted during section invertebrates are not migratory, nor is particular concern for three of the 7 consultations and regional geographic there frequent gene exchange between invertebrates (Noel’s amphipod, Roswell information system (GIS) coverages. populations or critical habitat units. springsnail, and Koster’s springsnail) is Further, the proposed critical habitat In proposing designation of revised the red-rim melania (Melanoides units in New Mexico and west Texas are critical habitat for the Pecos assiminea, tuberculata), a snail that can reach sufficiently distant (40 to 100 mi (64 to and critical habitat for Roswell tremendous population sizes and has 161 km)) from one another to rule out springsnail, Koster’s springsnail, and been found in isolated springs in the Pecos assiminea gene exchange. Noel’s amphipod,, we selected areas west. The red-rim melania has caused Therefore, due to the lack of frequent based on the best scientific data the decline and local extirpation of gene exchange, we have determined that available that possess those PCEs native snail species, and it is considered each of these populations is essential to essential to the conservation of the a threat to endemic aquatic snails that the conservation of the species because occupy springs and streams in the species that may require special management considerations or they provide for the maintenance of the Bonneville Basin of Utah (Rader et al. genetic diversity of the four 2003, p. 655). It is easily transported on protection. We identified critical habitat units that have the highest likelihood to invertebrates. The areas we have fishing boats and gear or aquatic plants, determined meet the definition of and because it reproduces asexually contain populations of the four critical habitat for the four invertebrates (individuals can develop from invertebrates based on the presence of include populations containing all of unfertilized eggs), a single individual is the defined PCEs and the kind, amount, the known remaining genetic diversity capable of founding a new population. and quality of habitat associated with It has become established in isolated those occurrences. The units contain the within each species. desert spring ecosystems such as Ash appropriate quantity and distribution of Locations from within the historical Meadows, Nevada, and Cuatro Cienegas, PCEs to support the life cycle stages we range of the four invertebrates, Mexico, and within the last 15 years, the have determined are essential to the including North Spring, Berrendo red-rim melania has become established conservation of the species. Spring, South Spring River, and Lander in Diamond Y Springs Complex (Echelle The four invertebrates currently exist Springbrook, are no longer suitable 2001, p. 18). It has become the most throughout their ranges in a spatial habitat for the four invertebrates, and abundant snail in the upper watercourse arrangement that would provide for the species have been extirpated from of the Diamond Y Springs Complex their long-term conservation. For this these sites. South Spring and Lander (Echelle 2001, p. 14). In many locations, reason, we are not currently proposing Spring are both dry due to aquifer this exotic snail is so numerous that it any areas outside the geographical area depletion (Cole 1981, p. 27; Jones and essentially is the substrate in the small presently occupied by the species, Balleau 1996, p. 5), and reaches of stream channel. The effect the species is because the occupied areas are Berrendo Creek (the springbrook from having on native snails is not known; sufficient for the conservation of the Berrendo Spring) remain dry and unable however, because it is aquatic it species. to support the invertebrates (NMDGF probably has less effect on Pecos When determining revised critical 2005, p. 18). North Spring, located on assiminea than on the other endemic the grounds of the Roswell Country aquatic snails present in the spring. habitat boundaries within this proposed rule, we made every effort to avoid Club, was enclosed by a brick wall, Criteria Used To Identify Critical including structures such as culverts native vegetation was removed from the Habitat and roads, because areas with such margins of the springhead and As required by section 4(b) of the Act, structures lack PCEs for Roswell springbrook, and the banks were sodded we used the best scientific and springsnail, Koster’s springsnail, Noel’s (Cole, 1988, p. 2; NMDGF 2005, p. 18). commercial data available in amphipod, and Pecos assiminea. The The brick wall at North Spring has since determining areas within the scale of the maps we prepared under the been removed and the spring outflow geographical area occupied at the time parameters for publication within the has been widened, allowing a nearby of listing that contain the features Code of Federal Regulations may not pond to back into the spring, essential to the conservation of Roswell reflect the exclusion of such areas. Any introducing carp to the system (B. Lang, springsnail, Koster’s springsnail, Noel’s such structures inadvertently left inside NMDGF, pers. comm., 2010). amphipod, and Pecos assiminea, as well critical habitat boundaries shown on the Springsnails have not been found at as in determining if areas outside of the maps of this proposed rule have been North Spring since 1995, and suitable geographical area occupied at the time excluded by text in the proposed rule habitat is not present there. Because of listing are essential for the and are not proposed for designation as these formerly occupied sites have been conservation of the four invertebrates. critical habitat. Therefore, if the critical so severely impacted in the past, it is We relied on information from habitat were finalized as proposed, a not likely that they could be knowledgeable biologists and Federal action involving these areas rehabilitated in the future and once recommendations contained in State would not trigger section 7 consultation again contain suitable habitat for the wildlife resource reports (Cole 1985; with respect to critical habitat and the four invertebrates; therefore, they are Jones and Balleau 1996, pp. 1-16; requirement of no adverse modification unlikely to contribute to the recovery of Boghici 1997, pp. 1-120; Balleau et al. unless the specific action would affect the species and not considered essential 1999, pp. 1-42; NMDGF 1999, pp. A1- the PCEs in the adjacent critical habitat. to the conservation of the species.

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules 35383

Occupancy Roswell springsnail, Koster’s East Sandia Springs) currently We consider an area to be currently springsnail, and Noel’s amphipod in designated for Pecos assiminea, but we occupied if Roswell springsnail, 2005, nor did we designate any lands of have used updated GIS information to Koster’s springsnail, Pecos assiminea, or the Bitter Lake National Wildlife Refuge offer more refined boundaries within Noel’s amphipod were found to be (Refuge) as critical habitat for these those two units. While the critical present by species experts within the species. This proposed rule, which is habitat boundary at Diamond Y Spring last 5 years and no major habitat based partly on new occupancy complex did not change, the acreage modification has occurred which would information since we originally calculation increased from 380 ac (153.8 preclude their presence. Five years is an proposed critical habitat, includes two ha) in the 2005 final rule (70 FR 46304, appropriate time period because surveys units on the Refuge totaling 67.8 ac August 9, 2005) to 441.5 ac (178.7 ha) may not occur in all areas in all years. (27.4 ha). If adopted, this proposed rule in this proposed rule. At East Sandia The species would be likely to persist in would result in an increase of 70.6 ac Spring, updated GIS techniques have an area over multiple years unless major (28.6 ha) from currently designated allowed us to more closely map the habitat modification occurred. We are critical habitat for the Pecos assiminea wetlands, springs, and seeps in this proposing to designate as critical habitat and would include new critical habitat area, resulting in fewer acres proposed all sites on or near the Refuge currently for the Roswell springsnail, Koster’s for critical habitat; we designated 16.5 occupied by at least one of the four springsnail, and Noel’s amphipod. ac (6.7 ha) in 2005 (70 FR 46304, August invertebrates. (2) As stated above, our 2005 critical 9, 2005), and we are proposing 3.0 ac In summary, this proposed critical habitat designation (70 FR 46304; (1.2 ha) for designation in this rule. habitat designation includes August 9, 2005) did not include any (6) This proposed designation of populations of the four invertebrates Refuge lands. In that rule, we critical habitat includes more detailed and habitats that possess the physical determined that Refuge lands did not PCEs than we proposed for Roswell and and biological features essential to the meet the definition of critical habitat in Koster’s springnails and Noel’s conservation of the species. We believe section 3(5)(A) of the Act because the amphipod in our 2002 proposal (67 FR the populations included in this special management for the four 6459, February 12, 2002) or we adopted designation, if secured, would provide invertebrates was already occurring on for Pecos assiminea in our 2005 for the conservation of the Roswell the Refuge. In order to more fully designation (70 FR 46304, August 9, springsnail, Koster’s springsnail, Pecos consider special management of threats 2005); this detail adds clarity to the assiminea, and Noel’s amphipod by: that may be occurring outside the designation. (1) Maintaining the physical and Refuge boundaries, we are now (7) We are proposing as critical biological features essential to the proposing certain Refuge lands for habitat all occupied sites for the four conservation of the species in areas critical habitat designation. invertebrates, as all of these sites are where populations of the four (3) In our February 12, 2002, proposal essential to the conservation of the invertebrates are known to occur, and to designate critical habitat for the four species. invertebrates (67 FR 6459) we proposed (2) Maintaining the current Proposed Critical Habitat Designation distribution, thus preserving genetic 1,127 ac (456 ha) of critical habitat on variation throughout the ranges of the the Refuge. This proposed designation We are proposing four units as critical four invertebrates and minimizing the of critical habitat includes only 67.8 ac habitat for the Roswell springsnail, potential effects of local extinction. (27.4 ha) on the Refuge; updated GIS Koster’s springsnail, Noel’s amphipod, techniques have allowed us to more and Pecos assiminea in New Mexico Summary of Changes from Previously closely map the wetlands, springs, and and Texas. The critical habitat areas we Proposed and Designated Critical seeps on the Refuge in which the four describe below constitute our current Habitat invertebrates occur. best assessment of areas that meet the The areas identified in this proposed (4) This proposed designation of definition of critical habitat for the four rule constitute a proposed revision of critical habitat includes 2.8 ac (1.1 ha) invertebrates. Roswell springsnail, the areas we designated as critical in one unit in the city of Roswell, New Koster’s springsnail, and Noel’s habitat for the Pecos assiminea on Mexico, adjacent to the Refuge that are amphipod occur in two of the four August 9, 2005 (70 FR 46304). The not currently designated as critical units; the two units we propose as significant differences between the 2005 habitat. We did not include this site in critical habitat for these invertebrates, rule and this proposal include the the August 9, 2005, designation (70 FR and their approximate areas, are following: 46304) because occupancy by Noel’s displayed in Table 1. Pecos assiminea (1) Currently, two units in Texas amphipod and Koster’s springsnail was occurs in all four units; the four units (Diamond Y Spring complex and East first documented following publication we propose as revised critical habitat for Sandia Springs) totaling 396.5 ac (160.5 of the proposed rule to designate critical this species, and their approximate ha) are designated as critical habitat for habitat (67 FR 6459; February 12, 2002). areas, are displayed in Table 2. All the Pecos assiminea (70 FR 46304, (5) This proposed designation of locations were occupied at the time of August 9, 2005). We did not designate critical habitat includes the two units in listing and are currently occupied by the any areas as critical habitat for the Texas (Diamond Y Spring complex and invertebrates.

TABLE 1. PROPOSED CRITICAL HABITAT UNITS FOR ROSWELL SPRINGSNAIL, KOSTER’S SPRINGSNAIL, AND NOEL’S AMPHIPOD [AREA ESTIMATES REFLECT ALL LAND WITHIN CRITICAL HABITAT UNIT BOUNDARIES.]

Critical Habitat Unit Land Ownership by Type Size of Unit in Acres (Hectares)

1. Sago/Bitter Creek Complex Service 31.9 (12.9)

2. Impoundment Complex Service 35.9 (14.5) City of Roswell 2.8 (1.1)

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS 35384 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules

TABLE 1. PROPOSED CRITICAL HABITAT UNITS FOR ROSWELL SPRINGSNAIL, KOSTER’S SPRINGSNAIL, AND NOEL’S AMPHIPOD [AREA ESTIMATES REFLECT ALL LAND WITHIN CRITICAL HABITAT UNIT BOUNDARIES.]—Continued

Critical Habitat Unit Land Ownership by Type Size of Unit in Acres (Hectares)

Total 70.6 (28.6) Note: Area sizes may not sum due to rounding.

TABLE 2. PROPOSED REVISED CRITICAL HABITAT UNITS FOR PECOS ASSIMINEA. [AREA ESTIMATES REFLECT ALL LAND WITHIN CRITICAL HABITAT UNIT BOUNDARIES.]

Critical Habitat Unit Land Ownership by Type Size of Unit in Acres (Hectares)

1. Sago/Bitter Creek Complex Service 31.9 (12.9)

2. Impoundment Complex Service 35.9 (14.5) City of Roswell 2.8 (1.1)

3. Diamond Y Springs Complex The Nature Conservancy 441.4 (178.6)

4. East Sandia Spring The Nature Conservancy 3.0 (1.2)

Total 515.0 (208.4) Note: Area sizes may not sum due to rounding.

We present brief descriptions of the invertebrates at the time of listing and designation includes the Diamond Y units and reasons why the proposed that remains occupied at the present Spring and approximately 4.2 mi (6.8 critical habitat units meet the definition time. We propose to designate this unit km) of its outflow, ending at of critical habitat for the Roswell as critical habitat for all four species; it approximately 0.5 mi (0.8 km) springsnail, Koster’s springsnail, Noel’s contains all of the features essential to downstream of the State Highway 18 amphipod, and Pecos assiminea below. the conservation of these species. Unit bridge crossing. Also included in this 2 is located on the southern portion of proposed unit is approximately 0.5 mi Unit 1: Sago/Bitter Creek Complex the Middle Tract of Bitter Lake National (0.8 km) of Leon Creek upstream of the Unit 1 consists of 31.9 ac (12.9 ha) of Wildlife Refuge and on property owned confluence with Diamond Y Draw. All habitat that was occupied by all four by the city of Roswell, Chaves County, surrounding riparian vegetation and invertebrates at the time of listing and New Mexico. This unit includes mesic (wet) soil environments within that remains occupied at the present portions of impoundments 3, 6, 7, 15, the spring, outflow, and portion of Leon time. We propose to designate this unit and Hunter Marsh. This unit comprises Creek are also proposed for designation, as critical habitat for all four species; it a secondary population center for all as these areas are considered habitat for contains all of the features essential to four invertebrates. The proposed the Pecos assiminea. This proposed the conservation of these species. Unit designation includes all springs, seeps, designation is approximately 441 ac 1 is located on the northern portion of sinkholes, and outflows surrounding the (178.6 ha) of aquatic and neighboring the Middle Tract of Bitter Lake National Refuge impoundments. Habitat in this mesic habitat. Habitat in this unit is Wildlife Refuge, Chaves County, New unit is threatened by subsurface drilling threatened by increased groundwater Mexico. The adjacent gypsum sinkholes or similar activities that contaminate pumping; subsurface drilling or similar comprise the core population center for surface drainage or aquifer water; activities that contaminate surface all four species. The proposed wildfire; nonnative fish, crayfish, snails, drainage or aquifer water; wildfire; and designation includes all springs, seeps, and vegetation; and unauthorized nonnative fish, crayfish, snails, and sinkholes, and outflows surrounding activities, including dumping of vegetation. This complex occurs entirely Bitter Creek and the Sago Springs pollutants or fill material into occupied on private lands. Private land in the complex. Habitat in this unit is sites. Therefore, the PCEs in this unit immediate vicinity of the Diamond Y threatened by subsurface drilling or may require special management Springs Complex is managed as a nature similar activities that contaminate considerations or protection to preserve by The Nature Conservancy surface drainage or aquifer water; minimize impacts resulting from these (TNC). wildfire; nonnative fish, crayfish, snails, threats. Land ownership in this unit Unit 4: East Sandia Spring, Reeves and vegetation; and unauthorized includes the Service and the City of County, Texas activities, including dumping of Roswell, New Mexico. pollutants or fill material into occupied Unit 3: Diamond Y Springs Complex, East Sandia Spring is at the base of sites. Therefore, the PCEs in this unit Pecos County, Texas the Davis Mountains just east of may require special management Balmorhea, Texas, and is part of the San considerations or protection to This unit comprises a major Solomon–Balmorhea Spring Complex, minimize impacts resulting from these population of Pecos assiminea and the largest remaining desert spring threats. The entire unit is owned by the contains all of the features essential to system in Texas where the Pecos Service. the conservation of that species. We assiminea is found. We propose to propose to designate this unit as critical designate this unit as critical habitat Unit 2: Impoundment Complex habitat only for Pecos assiminea; the only for Pecos assiminea; the unit was Unit 2 consists of 38.7 ac (15.7 ha) of unit was occupied by that species at the occupied by that species at the time of habitat that was occupied by the four time of listing. The proposed listing. The proposed designation

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules 35385

includes the springhead itself, adversely affect, listed species or critical subject to the section 7 consultation surrounding seeps, and all submergent habitat. process. Federal actions not affecting vegetation and moist soil habitat found When we issue a biological opinion listed species or critical habitat, and at the margins of these areas, comprising concluding that a project is likely to actions on State, tribal, local, or private the PCEs for the Pecos assiminea. This jeopardize the continued existence of a lands that are not federally funded, proposed designation is approximately listed species or destroy or adversely authorized, or permitted, do not require 3.0 ac (1.2 ha) of aquatic and modify critical habitat, we also provide section 7 consultations. reasonable and prudent alternatives to neighboring upland habitat. Habitat in ‘‘ the project, if any are identifiable. We Application of the Adverse this unit is threatened by increased Modification’’ Standard groundwater pumping; wildfire; and define ‘‘Reasonable and prudent nonnative fish, crayfish, snails, and alternatives’’ at 50 CFR 402.02 as The key factor related to the adverse vegetation. The spring is included in a alternative actions identified during modification determination is whether, 240-ac (97-ha) preserve owned and consultation that: with implementation of the proposed • managed by TNC (Karges 2003, p. 145). Can be implemented in a manner Federal action, the affected critical consistent with the intended purpose of habitat would continue to serve its Effects of Critical Habitat Designation the action, intended conservation role for the • Section 7 Consultation Can be implemented consistent with species, or retain those PCEs that relate the scope of the Federal agency’s legal to the ability of the area to periodically Section 7(a)(2) of the Act requires authority and jurisdiction, support the species. Activities that may Federal agencies, including the Service, • Are economically and destroy or adversely modify critical to ensure that actions they fund, technologically feasible, and habitat are those that alter the PCEs to authorize, or carry out are not likely to • Would, in the Director’s opinion, an extent that appreciably reduces the destroy or adversely modify critical avoid jeopardizing the continued conservation value of critical habitat for habitat. Decisions by the Fifth and existence of the listed species or the Roswell springsnail, Koster’s Ninth Circuits Court of Appeals have destroying or adversely modifying springsnail, Noel’s amphipod, and invalidated our definition of critical habitat. Pecos assiminea. As discussed above, ‘‘destruction or adverse modification’’ Reasonable and prudent alternatives the role of critical habitat is to support (50 CFR 402.02) (see Gifford Pinchot can vary from slight project the life history needs of the species and Task Force v. U.S. Fish and Wildlife modifications to extensive redesign or provide for the conservation of the Service, 378 F. 3d 1059 (9th Cir. 2004) relocation of the project. Costs species. and Sierra Club v. U.S. Fish and associated with implementing a Section 4(b)(8) of the Act requires us Wildlife Service et al., 245 F.3d 434, 442 reasonable and prudent alternative are to briefly evaluate and describe, in any (5th Cir. 2001)), and we do not rely on similarly variable. proposed or final regulation that this regulatory definition when Regulations at 50 CFR 402.16 require designates critical habitat, activities analyzing whether an action is likely to Federal agencies to reinitiate involving a Federal action that may destroy or adversely modify critical consultation on previously reviewed destroy or adversely modify such habitat. Under the statutory provisions actions in instances where we have habitat, or that may be affected by such of the Act, we determine destruction or listed a new species or subsequently designation. adverse modification on the basis of designated critical habitat that may be Activities that, when carried out, whether, with implementation of the affected and the Federal agency has funded, or authorized by a Federal proposed Federal action, the affected retained discretionary involvement or agency, may affect critical habitat and critical habitat would remain functional control over the action (or the agency’s therefore should result in section 7 (or retain those PCEs that relate to the discretionary involvement or control is consultation for the Roswell springsnail, ability of the area to periodically authorized by law). Consequently, Koster’s springsnail, Noel’s amphipod, support the species) to serve its Federal agencies may sometimes need to and Pecos assiminea include, but are intended conservation role for the request reinitiation of consultation with not limited to: species. us on actions for which formal (1) Actions that would contaminate or consultation has been completed, if cause significant degradation of habitat If a species is listed or critical habitat those actions with discretionary occupied by these species, including is designated, section 7(a)(2) of the Act involvement or control may affect surface drainage water or aquifer water requires Federal agencies to ensure that subsequently listed species or quality. Such activities could include, activities they authorize, fund, or carry designated critical habitat. but are not limited to, the use of out are not likely to jeopardize the Federal activities that may affect the chemical insecticides or herbicides that continued existence of the species or to Roswell springsnail, Koster’s results in killing or injuring these destroy or adversely modify its critical springsnail, Noel’s amphipod, and species; subsurface drilling or similar habitat. If a Federal action may affect a Pecos assiminea or their designated activities within the 12,585-ac (5,093- listed species or its critical habitat, the critical habitat require section 7 ha) Federal mineral estate and 9,945-ac responsible Federal agency (action consultation under the Act. Activities (4,025-ha) habitat protection zone in agency) must enter into consultation on State, tribal, local, or private lands New Mexico (e.g., Bureau of Land with us. As a result of this consultation, requiring a Federal permit (such as a Management 2002, p. 1; Balleau et al. we document compliance with the permit from the U.S. Army Corps of 1999, p. 3) that contaminate or cause requirements of section 7(a)(2) through Engineers under section 404 of the significant degradation of water quality our issuance of: Clean Water Act (33 U.S.C. 1251 et seq.) in surface or aquifer waters supporting (1) A concurrence letter for Federal or a permit from us under section 10 of the habitat occupied by these species; actions that may affect, but are not the Act) or involving some other Federal septic tank placement and use where likely to adversely affect, listed species action (such as funding from the Federal the groundwater is connected to or critical habitat; or Highway Administration, Federal sinkhole or other aquatic habitats (2) A biological opinion for Federal Aviation Administration, or the Federal occupied by these species; and actions that may affect, and are likely to Emergency Management Agency) are unauthorized discharges or dumping of

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS 35386 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules

toxic chemicals or other pollutants into restoration where necessary to support When considering the benefits of the areas supporting the four fish and wildlife; and enforcement of inclusion for an area, we consider the invertebrates. These activities could applicable natural resource laws. additional regulatory benefits that area alter water conditions to levels that are The National Defense Authorization would receive from the protection from beyond the tolerances of the Act for Fiscal Year 2004 (Pub. L. 108- adverse modification or destruction as a invertebrates and result in degradation 136) amended the Act to limit areas result of actions with a Federal nexus; of their occupied habitat to an extent eligible for designation as critical the educational benefits of mapping that individuals are killed or injured or habitat. Specifically, section 4(a)(3)(B)(i) essential habitat for recovery of the essential behaviors such as breeding, of the Act (16 U.S.C. 1533(a)(3)(B)(i)) listed species; and any benefits that may feeding, and sheltering are impaired. now provides: ‘‘The Secretary shall not result from a designation due to State or (2) Actions that would destroy or alter designate as critical habitat any lands or Federal laws that may apply to critical habitat for the four invertebrates. Such other geographical areas owned or habitat. activities could include, but are not controlled by the Department of When considering the benefits of limited to, discharging fill material into Defense, or designated for its use, that exclusion, we consider, among other occupied sites, draining, ditching, are subject to an integrated natural things, whether exclusion of a specific tilling, channelizing, drilling, pumping, resources management plan prepared area is likely to result in conservation; or other activities that interrupt surface under section 101 of the Sikes Act (16 the continuation, strengthening, or or groundwater flow into or out of the U.S.C. 670a), if the Secretary determines encouragement of partnerships; spring complexes and occupied habitats in writing that such plan provides a implementation of a management plan of these species. These activities could benefit to the species for which critical that provides equal to or more result in significant impairment of habitat is proposed for designation.’’ conservation that a critical habitat essential life-sustaining requirements There are no Department of Defense designation would provide; or some such as breeding, feeding, and lands within the areas we are proposing combination of these. sheltering. to designate as critical habitat for the After evaluating the benefits of (3) Actions that would introduce four invertebrates; therefore we are not inclusion and the benefits of exclusion, nonnative species into occupied exempting any areas from designation. we carefully weigh the two sides to habitats for the four invertebrates. determine whether the benefits of Exclusions Potential nonnative species include, but exclusion outweigh those of inclusion. are not limited to, mosquitofish, Application of Section 4(b)(2) of the Act If we determine that they do, we then determine whether exclusion would crayfish, nonnative snails, or vegetation Section 4(b)(2) of the Act states that into habitat currently occupied by any result in extinction. If exclusion of an the Secretary must designate and revise area from critical habitat will result in of the four invertebrates. These species critical habitat on the basis of the best compete for scarce resources and may extinction, we will not exclude it from available scientific data after taking into the designation. prey on the four species. consideration the economic impact, Exemptions national security impact, and any other Exclusions Based on Economic Impacts relevant impact of specifying any Under section 4(b)(2) of the Act, we Application of Section 4(a)(3) of the Act particular area as critical habitat. The consider the economic impacts of The Sikes Act Improvement Act of Secretary may exclude an area from specifying any particular area as critical 1997 (Sikes Act) (16 U.S.C. 670a) critical habitat if he determines that the habitat. In order to consider economic required each military installation that benefits of such exclusion outweigh the impacts, we are preparing an analysis of includes land and water suitable for the benefits of specifying such area as part the economic impacts of the proposed conservation and management of of the critical habitat, unless he critical habitat designation and related natural resources to complete an determines, based on the best scientific factors. integrated natural resources data available, that the failure to A draft analysis of the economic management plan (INRMP) by designate such area as critical habitat effects of the proposed critical habitat November 17, 2001. An INRMP will result in the extinction of the designation was prepared and with this integrates implementation of the species. In making that determination, proposed rule is made available for military mission of the installation with the legislative history is clear that the public review. The economic analysis stewardship of the natural resources Secretary has broad discretion regarding considers the economic impacts of found on the base. Each INRMP which factor(s) to use and how much conservation measures taken prior to includes: weight to give to any factor. and subsequent to the final listing and • An assessment of the ecological Under section 4(b)(2) of the Act, we designation of critical habitat for the needs on the installation, including the may exclude an area from designated four invertebrates. Baseline impacts are need to provide for the conservation of critical habitat based on economic typically defined as all management listed species; impacts, impacts on national security, efforts that have occurred since the time • A statement of goals and priorities; or any other relevant impacts. In of listing. We listed the four • A detailed description of considering whether to exclude a invertebrates in August 2005 (70 FR management actions to be implemented particular area from the designation, we 46304). Incremental costs are those that to provide for these ecological needs; must identify the benefits of including are attributable to critical habitat and the area in the designation, identify the designation alone. Total baseline costs • A monitoring and adaptive benefits of excluding the area from the associated with this proposed critical management plan. designation, and determine whether the habitat designation are estimated to be Among other things, each INRMP benefits of exclusion outweigh the $1,080,000 to $1,490,000 over the next must, to the extent appropriate and benefits of inclusion. If based on this 30 years, and incremental costs are applicable, provide for fish and wildlife analysis, we make this determination, estimated to be $5,900 to $62,500. management; fish and wildlife habitat then we can exclude the area only if Copies of the draft economic analysis enhancement or modification; wetland such exclusion would not result in the are available for downloading from the protection, enhancement, and extinction of the species. Internet at http://www.regulations.gov,

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules 35387

or by contacting the New Mexico invertebrates. The Refuge has developed refuges. According to section 7 of the Ecological Services Field Office (see FOR and completed a Comprehensive Refuge Improvement Act, all lands of FURTHER INFORMATION CONTACT). During Conservation Plan (CCP) that provides the Refuge System are to be managed in the development of a final designation, the framework for protection and accordance with an approved CCP that we will consider economic impacts, management of all trust resources, will guide management decisions and public comments, and other new including federally listed species and set forth strategies for achieving refuge information, and we may exclude areas sensitive natural habitats. These lands purposes. In general, the purpose of the from the revised final critical habitat are protected areas for wildlife and are CCP is to provide long-range guidance designation under section 4(b)(2) of the currently managed for the conservation for the management of National Wildlife Act and our implementing regulations at of wildlife, including endangered and Refuges. The Refuge Improvement Act 50 CFR 424.19. threatened species, and specifically the requires all refuges to have a CCP and four invertebrates. Below we provide a Exclusions Based on National Security provides the following legislative description of the management being Impacts mandates to guide the development of provided by the Refuge for the the CCP: (1) Wildlife has first priority in Under section 4(b)(2) of the Act, we conservation of the four invertebrates the management of refuges; (2) wildlife- consider whether there are lands owned within areas proposed for designation as dependent recreation, including or managed by the Department of critical habitat. hunting, fishing, wildlife observation, Defense (DOD) where a national security The Refuge was established on wildlife photography, environmental impact might exist. In preparing this October 8, 1937, by Executive Order education and environmental proposal, we have determined that the 7724 ‘‘as a refuge and breeding ground interpretation, are the priority public lands within the proposed designation for migratory birds and other wildlife.’’ uses of the Refuge System and shall be of critical habitat for the Roswell The Refuge Recreation Act (16 U.S.C. allowed when compatible with the springsnail, Koster’s springsnail, Noel’s 460k–460k-4) identifies the refuge as refuge purpose; and (3) other uses have amphipod, and Pecos assiminea are not being suitable for incidental fish and lower priority in the Refuge System and owned or managed by the DOD. We are wildlife-oriented recreational are only allowed if not in conflict with aware that there are DOD lands are in development, the protection of natural any of the priority uses and determined the vicinity of the Refuge, but our resources, and the conservation of appropriate and compatible with the proposed designation does not include endangered species or threatened refuge purpose. The CCP must also be these lands, and we anticipate no species. While the Refuge was originally revised if the Secretary determines that impact to national security. Therefore, established to save wetlands vital to the conditions that affect the refuge or there are no areas proposed for perpetuation of migratory birds, the planning unit have changed exclusion based on impacts on national isolated gypsum springs, seeps, and significantly. In other words, a CCP security. associated wetlands protected by the must be followed once it is approved Exclusions Based on Other Relevant Refuge have been recognized as and regularly updated in response to providing the last known habitats in the Impacts environmental changes or new scientific world for several unique species. information. Under section 4(b)(2) of the Act, we Management emphasis of the Refuge is consider any other relevant impacts, in placed on the protection and The Refuge has a Final CCP that was addition to economic impacts and enhancement of habitat for endangered approved in September 1998. The CCP impacts on national security. We species and Federal candidate species, serves as a management tool to be used consider a number of factors, including maintenance and improvement of by the Refuge staff and its partners in whether the landowners have developed wintering crane and waterfowl habitat, the preservation and restoration of the any habitat conservation plans (HCPs) and monitoring and maintenance of ecosystem’s natural resources. The plan or other management plans for the area, natural ecosystem values. is intended to guide management or whether there are conservation The Refuge sits at a juncture between decisions over the next 5 to 10 years and partnerships that would be encouraged the Roswell Artesian Groundwater sets forth strategies for achieving Refuge by designation of, or exclusion from, Basin and the Pecos River. These two goals and objectives within that critical habitat. In addition, we look at systems and their interactions account timeframe. Key goals of the CCP related any tribal issues, and consider the for the diversity of water resources on to the four invertebrates include the government-to-government relationship the Refuge, including sinkholes, springs, following: (1) To restore, enhance and of the United States with tribal entities. wetlands, oxbow lakes, and riverine protect the natural diversity on the We also consider any social impacts that habitats. The Refuge has a federally Refuge, including endangered and might occur because of the designation. reserved water right that essentially threatened species by (a) appropriate In preparing this proposal, we have protects groundwater levels of the management of habitat and wildlife determined that there are currently no Roswell Basin in the Refuge vicinity. resources on refuge lands and (b) HCPs for the Roswell springsnail, The Refuge has undergone adjudication strengthening existing and establishing Koster’s springsnail, Noel’s amphipod, of its federally reserved water rights by new cooperative efforts with public and and Pecos assiminea, and the proposed the State of New Mexico (order signed private stakeholders and partners, and designation does not include any tribal May 1997). (2) To restore and maintain selected lands or trust resources. We anticipate The National Wildlife Refuge System portions of a hydrological system that no impact to tribal lands, partnerships, Improvement Act of 1997 (Refuge more closely mimics the natural or HCPs from this proposed critical Improvement Act; Pub. L. 105-57, 111 processes along the reach of the Pecos habitat designation. There are no areas Stat. 1252-1260) establishes a River adjacent to the Refuge by (a) proposed for exclusion from this conservation mission for refuges, gives restoration of the river channel as well proposed designation based on other policy direction to the Secretary of the as restoration of endangered, threatened relevant impacts. Interior and refuge managers, and , and special concern species; and (b) We have determined that areas contains other provisions such as the control of exotic species and managed by the Refuge meet the requirement to integrate scientific management of trust responsibilities for definition of critical habitat for the four principals into the management of the maintenance of plant and animal

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS 35388 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules

communities and to satisfy traditional publication of this proposed rule in the Roswell springsnail, Koster’s recreational demands. Specific Federal Register. Such requests must be springsnail, Noel’s amphipod, and objectives related to these goals include: sent to the address shown in the FOR Pecos assiminea (baseline costs), and (1) The restoration of populations of FURTHER INFORMATION CONTACT section. the additional potential economic aquatic species designated as We will schedule public hearings on effects resulting from the proposed endangered, threatened, or of special this proposal, if any are requested, and designation of their critical habitat concern to a sustainable level (aquatic announce the dates, times, and places of (incremental costs). This analysis species in these categories include the those hearings, as well as how to obtain estimated prospective economic impacts four invertebrates), and (2) the reasonable accommodations, in the due to the implementation of monitoring of wildlife populations, Federal Register and local newspapers conservation efforts for the four including endemic snails. at least 15 days before the hearing. invertebrates in five categories: (a) A final determination on whether we Modifications to oil and gas activities; should exclude the Refuge from critical Required Determinations (b) habitat management; (c) conservation habitat for the four invertebrates will be Regulatory Planning and Review— of agricultural groundwater made when we publish the final rule Executive Order 12866 withdrawals; (d) control of residential designating critical habitat. We will take septic systems; and (e) controls on The Office of Management and Budget into account public comments and confined animal feeding operations. We (OMB) has determined that this rule is carefully weigh the benefits of exclusion determined from our analysis that there not significant and has not reviewed versus inclusion of these areas. will be minimal additional economic this proposed rule under Executive impacts to small entities resulting from Editorial Changes Order 12866 (E.O. 12866). OMB bases the proposed designation of critical When we listed Roswell springsnail, its determination upon the following habitat, because almost all of the Koster’s springsnail, Noel’s amphipod, four criteria: product modification and conservation and Pecos assiminea as endangered (a) Whether the rule will have an costs identified in the economic species on August 9, 2005 (70 FR annual effect of $100 million or more on analysis represent baseline costs that 46304), we neglected to insert the the economy or adversely affect an would be realized in the absence of appropriate date code in the ‘‘When economic sector, productivity, jobs, the critical habitat. There are several factors listed’’ column of the List of Endangered environment, or other units of the that eliminate the potential for and Threatened Wildlife at 50 CFR government. incremental costs among small entities, 17.11(h). Further, information we had (b) Whether the rule will create including: intended to display in the ‘‘Critical inconsistencies with other Federal • Conservation measures implemented habitat’’ column was misplaced under agencies’ actions. by New Mexico’s oil and gas firms the ‘‘When listed’’ column, and (c) Whether the rule will materially comply with BLM’s Bitter Lake Habitat information intended for the ‘‘Special affect entitlements, grants, user fees, Restoration Zone requirements. rules’’ column was misplaced under the loan programs, or the rights and Likewise, modifications pursued by oil ‘‘Critical habitat’’ column. We are obligations of their recipients. and gas developers on private land near proposing to correct these errors in this (d) Whether the rule raises novel legal The Nature Conservancy units are rule. This change is purely editorial; it or policy issues. already implemented for the benefit of would not affect the substance of the Regulatory Flexibility Act various listed species in the immediate listing rule. area. Under the Regulatory Flexibility Act • All of the proposed critical habitat is Peer Review (RFA; 5 U.S.C. 601 et seq.), as amended occupied. Therefore, ongoing project In accordance with our joint policy by the Small Business Regulatory modifications and conservation published in the Federal Register on Enforcement Fairness Act (SBREFA) of measures are already required to satisfy July 1, 1994 (59 FR 34270), we will seek 1996, whenever an agency must publish the jeopardy standard. the expert opinions of at least three a notice of rulemaking for any proposed • Most of the proposed critical habitat appropriate and independent specialists or final rule, it must prepare and make is already held in conservation. The regarding this proposed rule. The available for public comment a small portion of proposed critical purpose of peer review is to ensure that regulatory flexibility analysis that habitat owned by the City of Roswell our critical habitat designation is based describes the effects of the rule on small has already been designated as critical on scientifically sound data, entities (small businesses, small habitat for the Pecos sunflower and is assumptions, and analyses. We have organizations, and small government unsuitable for development. invited these peer reviewers to comment jurisdictions). However, no regulatory • Habitat management costs are during this public comment period on flexibility analysis is required if the attributable to existing conservation our specific assumptions and head of the agency certifies the rule will agreements and are therefore classified conclusions in this proposed not have a significant economic impact as baseline costs. designation of critical habitat. on a substantial number of small • Most consultations under section 7 We will consider all comments and entities. The SBREFA amended RFA to of the Act would be pursued in the information we receive during this require Federal agencies to provide a absence of critical habitat. To the extent comment period on this proposed rule certification statement of the factual that incremental costs are introduced, during our preparation of a final basis for certifying that the rule will not they are borne by public agencies rather determination. Accordingly, the final have a significant economic impact on than private entities. decision may differ from this proposal. a substantial number of small entities. The draft economic analysis estimates In the draft economic analysis of the the annual incremental costs associated Public Hearings proposed revised critical habitat with the designation of critical habitat The Act provides for one or more designation, we evaluated the potential for the invertebrates to be very modest, public hearings on this proposal, if economic effects on small business at approximately $6,000. All of these requested. Requests must be received entities resulting from conservation costs would derive from the added effort within 45 days after the date of actions related to the listing of the associated with considering adverse

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules 35389

modification in the context of section 7 ‘‘would impose an enforceable duty actions that do not require Federal consultations. upon the private sector, except (i) a funding or permits, nor does it preclude We will consider the information in condition of Federal assistance or (ii) a development of habitat conservation our final economic analysis, and in any duty arising from participation in a programs or issuance of incidental take public comments we receive, in voluntary Federal program.’’ permits to permit actions that do require determining whether this designation The designation of critical habitat Federal funding or permits to go would result in a significant economic does not impose a legally binding duty forward. The takings implications effect on a substantial number of small on non-Federal Government entities or assessment concludes that this entities, and announce our private parties. Under the Act, the only designation of critical habitat for the determination in our final rule. Based regulatory effect is that Federal agencies four invertebrates does not pose on the above reasoning and currently must ensure that their actions do not significant takings implications for available information, it appears that destroy or adversely modify critical lands within or affected by the this rule may not result in a significant habitat under section 7. While non- designation. economic impact on a substantial Federal entities that receive Federal number of small entities. If we funding, assistance, or permits, or that Federalism determine that is the case, then we will otherwise require approval or In accordance with E.O. 13132 certify that the designation of critical authorization from a Federal agency for (Federalism), this proposed rule does habitat for the four invertebrates will an action, may be indirectly impacted not have significant Federalism effects. not have a significant economic impact by the designation of critical habitat, the A Federalism assessment is not on a substantial number of small legally binding duty to avoid required. In keeping with Department of entities, and a regulatory flexibility destruction or adverse modification of the Interior and Department of analysis will not be required. critical habitat rests squarely on the Commerce policy, we requested Federal agency. Furthermore, to the information from, and coordinated Unfunded Mandates Reform Act extent that non-Federal entities are development of, this proposed critical In accordance with the Unfunded indirectly impacted because they habitat designation with appropriate Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate State resource agencies in New Mexico seq.), we make the following findings: in a voluntary Federal aid program, the and Texas. The designation may have (a) This rule will not produce a Unfunded Mandates Reform Act would some benefit to these governments Federal mandate. In general, a Federal not apply, nor would critical habitat because the areas that contain the mandate is a provision in legislation, shift the costs of the large entitlement features essential to the conservation of statute, or regulation that would impose programs listed above onto State the species are more clearly defined, an enforceable duty upon State, local, or governments. and the physical and biological features tribal governments, or the private sector, (b) We do not believe that this rule of the habitat necessary to the and includes both ‘‘Federal will significantly or uniquely affect conservation of the species are intergovernmental mandates’’ and small governments. The public lands we specifically identified. This information ‘‘Federal private sector mandates.’’ are proposing to designate as critical does not alter where and what federally These terms are defined in 2 U.S.C. habitat are owned by the City of Roswell sponsored activities may occur. 658(5)-(7). ‘‘Federal intergovernmental and the Service. Small governments, However, it may assist local mandate’’ includes a regulation that such as the City of Roswell, will be governments in long-range planning ‘‘would impose an enforceable duty affected only to the extent that any (rather than having them wait for case- upon State, local, or tribal governments’’ programs having Federal funds, permits, by-case section 7 consultations to with two exceptions. It excludes ‘‘a or other authorized activities must occur). condition of Federal assistance.’’ It also ensure that their actions will not Where State and local governments excludes ‘‘a duty arising from adversely affect the critical habitat. As require approval or authorization from a participation in a voluntary Federal discussed above, the areas owned by the Federal agency for actions that may program,’’ unless the regulation ‘‘relates City of Roswell which are being affect critical habitat, consultation to a then-existing Federal program proposed for designation as critical under section 7(a)(2) would be required. under which $500,000,000 or more is habitat for the four invertebrates have While non-Federal entities that receive provided annually to State, local, and already been designated as critical Federal funding, assistance, or permits, tribal governments under entitlement habitat for the Pecos sunflower and are or that otherwise require approval or authority,’’ if the provision would unsuitable for development. Therefore, authorization from a Federal agency for ‘‘increase the stringency of conditions of a Small Government Agency Plan is not an action, may be indirectly impacted assistance’’ or ‘‘place caps upon, or required. However, we will further by the designation of critical habitat, the otherwise decrease, the Federal evaluate this issue as we complete our legally binding duty to avoid Government’s responsibility to provide final economic analysis, and review and destruction or adverse modification of funding,’’ and the State, local, or tribal revise this assessment as appropriate. critical habitat rests squarely on the governments ‘‘lack authority’’ to adjust Federal agency. accordingly. At the time of enactment, Takings these entitlement programs were: In accordance with E.O. 12630 Civil Justice Reform Medicaid; Aid to Families with (Government Actions and Interference In accordance with E.O. 12988 (Civil Dependent Children work programs; with Constitutionally Protected Private Justice Reform), the Office of the Child Nutrition; Food Stamps; Social Property Rights), we have analyzed the Solicitor has determined that the rule Services Block Grants; Vocational potential takings implications of does not unduly burden the judicial Rehabilitation State Grants; Foster Care, designating critical habitat for the system and that it meets the Adoption Assistance, and Independent Roswell springsnail, Koster’s requirements of sections 3(a) and 3(b)(2) Living; Family Support Welfare springsnail, Noel’s amphipod, and of the Order. We propose designating Services; and Child Support Pecos assiminea in a takings critical habitat in accordance with the Enforcement. ‘‘Federal private sector implications assessment. Critical habitat provisions of the Act. This proposed mandate’’ includes a regulation that designation does not affect landowner rule uses standard property descriptions

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS 35390 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules

and identifies the physical and Presidential Memorandum of June 1, significantly affect energy supply, biological features within the designated 1998, to write all rules in plain distribution, and use. E.O. 13211 areas to assist the public in language. This means that each rule we requires agencies to prepare Statements understanding the habitat needs of the publish must: of Energy Effects when undertaking Roswell springsnail, Koster’s (a) Be logically organized; certain actions. We do not expect it to springsnail, Noel’s amphipod, and (b) Use the active voice to address significantly affect energy supplies, Pecos assiminea. readers directly; distribution, or use due to the small (c) Use clear language rather than Paperwork Reduction Act of 1995 amount of habitat we are proposing for jargon; designation and the fact that the habitat This rule does not contain any new (d) Be divided into short sections and is primarily on a National Wildlife collections of information that require sentences; and Refuge. Therefore, we have made a approval by OMB under the Paperwork (e) Use lists and tables wherever preliminary determination that this Reduction Act of 1995 (44 U.S.C. 3501 possible. action is not a significant energy action, et seq.). This rule will not impose If you feel that we have not met these and no Statement of Energy Effects is recordkeeping or reporting requirements requirements, send us comments by one required. However, we will further on State or local governments, of the methods listed in the ADDRESSES evaluate this issue as we complete our individuals, businesses, or section. To better help us revise the final economic analysis, and review and organizations. An agency may not rule, your comments should be as revise this assessment as appropriate. conduct or sponsor, and a person is not specific as possible. For example, you required to respond to, a collection of should tell us the numbers of the References Cited information unless it displays a sections or paragraphs that are unclearly A complete list of references cited is currently valid OMB control number. written, which sections or sentences are available on the Internet at http:// too long, the sections where you feel National Environmental Policy Act www.regulations.gov and upon request lists or tables would be useful, etc. (NEPA) from the New Mexico Ecological Services Field Office (see FOR FURTHER It is our position that, outside the Government-to-Government INFORMATION CONTACT). jurisdiction of the U.S. Court of Appeals Relationship with Tribes for the Tenth Circuit, we do not need to In accordance with the President’s Authors prepare environmental analyses as memorandum of April 29, 1994, The primary authors of this package defined by NEPA (42 U.S.C. 4321 et Government-to-Government Relations are the staff members of the New seq.) in connection with designating with Native American Tribal Mexico Ecological Services Field Office. critical habitat under the Act. We Governments (59 FR 22951), E.O. 13175, published a notice outlining our reasons and the Department of the Interior’s List of Subjects in 50 CFR Part 17 for this determination in the Federal manual at 512 DM 2, we readily Endangered and threatened species, Register on October 25, 1983 (48 FR acknowledge our responsibility to Exports, Imports, Reporting and 49244). This position was upheld by the communicate meaningfully with recordkeeping requirements, U.S. Court of Appeals for the Ninth recognized Federal tribes on a Transportation. Circuit (Douglas County v. Babbitt, 48 government-to-government basis. In F.3d 1495 (9th Cir. 1995), cert. denied accordance with Secretarial Order 3206 Proposed Regulation Promulgation 516 U.S. 1042 (1996)). However, when of June 5, 1997 ‘‘American Indian Tribal the range of the species includes States Rights, Federal-Tribal Trust Accordingly, we propose to amend within the Tenth Circuit, such as that of Responsibilities, and the Endangered part 17, subchapter B of chapter I, title the Roswell springsnail, Koster’s Species Act’’, we readily acknowledge 50 of the Code of Federal Regulations, springsnail, Noel’s amphipod, and our responsibilities to work directly as set forth below: Pecos assiminea, under the Tenth with tribes in developing programs for Circuit ruling in Catron County Board of healthy ecosystems, to acknowledge that PART 17—ENDANGERED AND Commissioners v. U.S. Fish and Wildlife tribal lands are not subject to the same THREATENED WILDLIFE AND PLANTS Service, 75 F.3d 1429 (10th Cir. 1996), controls as Federal public lands, to 1. The authority citation for part 17 we will undertake a NEPA analysis for remain sensitive to Indian culture, and continues to read as follows: critical habitat designation and notify to make information available to tribes. the public of the availability of the draft We have determined that there are no Authority: 16 U.S.C. 1361-1407; 16 U.S.C. tribal lands occupied at the time of 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99- environmental assessment for this 625, 100 Stat. 3500; unless otherwise noted. proposal when it is finished. This draft listing that contain the features essential environmental assessment is available for the conservation, and no tribal lands 2.Amend § 17.11(h) by revising the for review with the publication of this that are essential for the conservation, of entries for: proposal. You may obtain a copy of the the Roswell springsnail, Koster’s a. ‘‘Pecos assiminea’’, ‘‘Springsnail, draft environmental assessment online springsnail, Pecos assiminea, and Noel’s Koster’s’’, and ‘‘Springsnail, Roswell’’ at http://www.regulations.gov, by mail amphipod. Therefore, we have not under SNAILS; and from the New Mexico Ecological proposed designation of critical habitat b. ‘‘Amphipod, Noel’s’’ under Services Field Office (see FOR FURTHER for the four invertebrates on tribal lands. CRUSTACEANS, in the List of INFORMATION CONTACT), or by visiting our Energy Supply, Distribution, or Use Endangered and Threatened Wildlife to website at http://www.fws.gov/ read as follows: southwest/es/NewMexico/. On May 18, 2001, the President issued an Executive Order (E.O. 13211; Actions § 17.11 Endangered and threatened Clarity of the Rule Concerning Regulations That wildlife. We are required by Executive Orders Significantly Affect Energy Supply, * * * * * 12866 and 12988 and by the Distribution, or Use) on regulations that (h) * * *

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules 35391

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

*******

SNAILS

*******

Pecos assiminea Assiminea pecos U.S.A. (NM, NA E 770 17.95(f) NA TX)

*******

Springsnail, Koster’s Juturnia kosteria U.S.A. (NM) NA E 770 17.95(f) NA

Springsnail, Roswell Pyrgulopsis U.S.A. (NM) NA E 770 17.95(f) NA roswellensis

*******

CRUSTACEANS

*******

Amphipod, Noel’s Gammarus U.S.A. (NM) NA E 770 17.95(h) NA desperatus

*******

2. Amend § 17.95 by: Pecos and Reeves Counties, Texas, on (B) Stable water levels with natural a. In paragraph (f), revising the entry the maps below. diurnal and seasonal variations. ‘‘ for Pecos Assiminea (Assiminea (2) The primary constituent element (3) Critical habitat does not include pecos)’’ and adding an entry for of critical habitat for the Pecos manmade structures (such as buildings, ‘‘Koster’s springsnail (Juturnia kosteri) assiminea is moist or saturated soil at aqueducts, runways, roads, and other and Roswell springsnail (Pyrgulopsis stream or spring run margins: roswellensis)’’ in the same alphabetical (i) With native vegetation growing in paved areas) and the land on which they order that those species appear in the or adapted to aquatic or very wet are located existing within the legal table at 50 CFR 17.11(h), to read as environment, such as salt grass or boundaries on the effective date of this follows; and sedges; rule. b. In paragraph (h), adding an entry (ii) That consists of wet mud or occurs (4) Critical habitat map units. Data for ‘‘Noel’s amphipod (Gammarus beneath mats of vegetation; layers defining map units were created desperatus)’’ in the same alphabetical (iii) That is within 1 inch (2 to 3 on a base of USGS 1:24,000 maps, and order that the species appears in the centimeters) of flowing water; critical habitat units were then mapped (iv) That has native wetland plant table at 50 CFR 17.11 (h), to read as using Universal Transverse Mercator species that provide leaf litter, shade, follows. (UTM) coordinates. cover, and appropriate microhabitat; § 17.95 Critical habitat—fish and wildlife. (v) That contains wetland vegetation (5) Unit 1: Sago/Bitter Creek Complex, * * * * * adjacent to spring complexes that Chaves County, New Mexico. (f) Clams and Snails. supports the algae, detritus, and bacteria (i) [Reserved for textual description of * * * * * needed for foraging; unit.] (vi) That has adjacent spring Pecos assiminea (Assiminea pecos) complexes with: (ii) Map of Units 1 and 2 (Map 1) for (1) Critical habitat units are depicted (A) Permanent, flowing, unpolluted, Pecos assiminea follows: for Chaves County, New Mexico, and fresh to moderately saline water; and BILLING CODE 4310–55–S

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS 35392 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules

(6) Unit 2: Impoundment Complex, (ii) Map of Unit 2 for Pecos assiminea (i) [Reserved for textual description of Chaves County, New Mexico. is provided at paragraph (5)(ii) of this unit.] (i) [Reserved for textual description of entry. (ii) Map of Units 3 and 4 (Map 2) for unit.] (7) Unit 3: Diamond Y Springs Pecos assiminea follows: Complex, Pecos County, Texas.

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS EP22JN10.006 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules 35393

(8) Unit 4: East Sandia Spring, Reeves (ii) Map of Unit 4 for Pecos assiminea Koster’s springsnail (Juturnia kosteri) County, Texas. is provided at paragraph (7)(ii) of this and Roswell springsnail (Pyrgulopsis (i) [Reserved for textual description of entry. roswellensis) unit.] * * * * * (1) Critical habitat units are depicted for Chaves County, New Mexico, on the map below.

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS EP22JN10.007 35394 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules

(2) The primary constituent element (vi) Vary in temperature between 10– are located existing within the legal of critical habitat for the Koster’s 20 oC (50–68 oF) with natural seasonal boundaries on the effective date of this springsnail and Roswell springsnail is and diurnal variations slightly above rule. springs and spring-fed wetland systems and below that range; and (4) Critical habitat map units. Data that: (vii) Provide abundant food, layers defining map units were created (i) Have permanent, flowing, consisting of: on a base of USGS 1:24,000 maps, and unpolluted water; (A) Algae, bacteria, and decaying critical habitat units were then mapped (ii) Have slow to moderate water organic material; and using Universal Transverse Mercator velocities; (UTM) coordinates. (iii) Have substrates ranging from (B) Submergent vegetation that deep organic silts to limestone cobble contributes the necessary nutrients, (5) Unit 1: Sago/Bitter Creek Complex, and gypsum; detritus, and bacteria on which these Chaves County, New Mexico. (iv) Have stable water levels with species forage. (i) [Reserved for textual description of natural diurnal (daily) and seasonal (3) Critical habitat does not include unit.] variations; manmade structures (such as buildings, (ii) Map of Units 1 and 2 for Koster’s (v) Consist of fresh to moderately aqueducts, runways, roads, and other springsnail and Roswell springsnail saline water; paved areas) and the land on which they follows:

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00057 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules 35395

(6) Unit 2: Impoundment Complex, provided at paragraph (5)(ii) of this Noel’s amphipod (Gammarus Chaves County, New Mexico. entry. desperatus) (i) [Reserved for textual description of * * * * * (1) Critical habitat units are depicted unit.] (h) Crustaceans. for Chaves County, New Mexico, on the map below. (ii) Map of Unit 2 for Koster’s * * * * * springsnail and Roswell springsnail is (2) The primary constituent element of critical habitat for Noel’s amphipod is

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS EP22JN10.008 35396 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules

springs and spring-fed wetland systems and diurnal variations slightly above are located existing within the legal that: and below that range; and boundaries on the effective date of this (i) Have permanent, flowing, (viii) Provide abundant food, rule. unpolluted water; consisting of: (4) Critical habitat map units. Data (ii) Have slow to moderate water (A) Submergent vegetation and layers defining map units were created velocities; decaying organic matter; on a base of USGS 1:24,000 maps, and (iii) Have substrates including (B) A surface film of algae, diatoms, critical habitat units were then mapped limestone cobble and aquatic vegetation; bacteria, and fungi; and using Universal Transverse Mercator (iv) Have stable water levels with (C) Microbial foods, such as algae and (UTM) coordinates. natural diurnal (daily) and seasonal bacteria, associated with aquatic plants (5) Unit 1: Sago/Bitter Creek Complex, variations; algae, bacteria, and decaying organic (v) Consist of fresh to moderately material. Chaves County, New Mexico. saline water; (3) Critical habitat does not include (i) [Reserved for textual description of (vi) Have minimal sedimentation; manmade structures (such as buildings, unit.] (vii) Vary in temperature between 10– aqueducts, runways, roads, and other (ii) Map of Units 1 and 2 for Noel’s 20 oC (50–68 oF) with natural seasonal paved areas) and the land on which they amphipod follows:

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Proposed Rules 35397

(6) Unit 2: Impoundment Complex, (ii) Map of Unit 2 for Noel’s Dated: June 2, 2010 Chaves County, New Mexico. amphipod is provided at paragraph Eileen Sobeck, (i) [Reserved for textual description of (5)(ii) of this entry. Acting Assistant Secretary for Fish and unit.] * * * * * Wildlife and Parks. [FR Doc. 2010–15067 Filed 6–21–10; 8:45 am] BILLING CODE 4310–55–C

VerDate Mar<15>2010 16:10 Jun 21, 2010 Jkt 220001 PO 00000 Frm 00060 Fmt 4702 Sfmt 9990 E:\FR\FM\22JNP1.SGM 22JNP1 srobinson on DSKHWCL6B1PROD with PROPOSALS EP22JN10.009