Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40319

FEDERAL COMMUNICATIONS Species Act of 1973, as amended (Act), (egg-bearing) females have been COMMISSION for the Illinois cave amphipod, observed in summer and fall. Gammarus acherondytes, Historically, This species is best differentiated 47 CFR Chapter I the amphipod was known from six cave from other amphipods in the field, [CC Docket No. 97±146, FCC 97±219] streams in Monroe and St. Clair especially from G. fasciatus, which it counties, Illinois. Recent surveys have resembles, by its color, small degenerate Complete Detariffing for Competitive found the species at only three of the eyes, and a much longer first antenna. Access Providers and Competitive original six sites. This species is It is usually associated with the larger Local Exchange Carriers; Correction believed to be threatened primarily by G. troglophilus (Hubricht and Mackin groundwater pollution which is likely 1940) but is much less common AGENCY: Federal Communications due to the application of pesticides in (Holsinger 1972). Commission. cave stream recharge areas (the area of This species is a troglobitic (cave ACTION: Proposed rule; correction. land surface from which water drains dependent) species inhabiting the dark into a particular cave stream). A zone of cave streams. As a group, SUMMARY: The Federal Communications possible secondary threat is amphipods require cold water and are Commission published in the Federal contamination of subsurface water by intolerant of wide ranges in Register of July 17, 1997, a document human and animal wastes from sewage temperature. They are strongly sensitive concerning a Notice of Proposed and septic systems and livestock to touch and react negatively to light. Rulemaking (NPRM) for complete feedlots. High levels of dissolved oxygen appears detariffing for all non-ILEC providers of to be an environmental necessity. They interstate exchange access services. DATES: Comments from all interested are omnivorous scavengers, feeding on Inadvertently no due date for Reply parties must be received by September dead animal and plant matter or the thin Comments or OMB Comments was 26, 1997. Public hearing requests must bacterial film covering most submerged provided. This document provides those be received by September 11, 1997. surfaces throughout their aquatic dates. ADDRESSES: Comments and materials habitat. FOR FURTHER INFORMATION CONTACT: concerning this proposal should be sent The Illinois cave amphipod is William Bailey, (202) 418–1520. to the U.S. Fish and Wildlife Service, endemic to the Illinois Sinkhole Plain of Ecological Services Field Office, 4469 Monroe and St. Clair counties and was SUPPLEMENTARY INFORMATION: 48th Avenue Court, Rock Island, historically known from six cave Correction Illinois. Comments and materials systems, which are all within a 16 In the Federal Register issue of July received will be available for public kilometer (10 mile) radius of Waterloo, 17, 1997, in FR Doc. 97–18882, on page inspection by appointment, during Illinois. The main entrances to two of the caves, Illinois Caverns and 38244, in the first column, correct the normal business hours at the above Fogelpole Cave, are in public ownership DATES caption to read: address. FOR FURTHER INFORMATION CONTACT: and the other four are privately owned. DATES: Comments are due on or before The cave streams from which this August 18, 1997. Reply comments are Richard C. Nelson, Field Supervisor, Illinois Field Office (see ADDRESSES species is historically known are each due on or before September 17, 1997. fed by a separate and distinct watershed Written comments submitted by the section) (telephone 309/793–5800; facsimile 309/793–5804). or recharge area, and there are no Office of Management and Budget known interconnections between them, (OMB) on the proposed modifications to SUPPLEMENTARY INFORMATION: with the possible exception of two caves information collections are due on or Background that may become hydrologically before September 26, 1997. connected during extremely high Dated: July 22, 1997. The Illinois cave amphipod was rainfall over short periods of time Federal Communications Commission. described by Hubricht and Mackin (Samuel V. Panno, Illinois Natural (1940). Type specimens were collected William F. Caton, History Survey, Champaign, IL, in litt., by Leslie Hubricht in 1938 from Acting Secretary. 1996). Thus, it is believed that there is Morrison’s Cave (now Illinois Caverns), virtually no opportunity for this species [FR Doc. 97–19775 Filed 7–25–97; 8:45 am] near Burksville, Illinois. to become distributed to other cave BILLING CODE 6712±01±P Sexually mature males are up to 20.0 systems via natural pathways. millimeters (mm) (0.8 inch (in.)) long; There are few data on which to base sexually mature females are 12.0 to 16.0 population, productivity or trend DEPARTMENT OF THE INTERIOR mm (0.5 to 0.6 in.) long. Their color in estimates for this species. Sampling for light is light gray-blue and their eyes are cave fauna is difficult at best and is Fish and Wildlife Service reniform, small and degenerate with the compounded by the relatively small size 50 CFR Part 17 pigment drawn away from the facets in of this species. Survey data do not, and an irregular black mass. Their first probably cannot, show a decline in RIN 1018±AE31 antenna is long and slender, more than numbers of this small subterranean one-half the length of the body. The invertebrate, but they do demonstrate a Endangered and Threatened Wildlife primary flagellum has up to forty decline in its range and number of and Plants; Proposed Rule to List the segments and the secondary flagellum extant populations. Since Hubricht’s Illinois Cave Amphipod as Endangered has up to six segments. The second initial 1940 collections of unknown AGENCY: Fish and Wildlife Service, antenna is about three-fourths as long as numbers from two caves, other Interior. the first antenna. The flagellum of the collections have been made in 1965 (at ACTION: Proposed rule. second antenna has up to 18 segments least 19 specimens taken from the two and lacks sensory organs in either sex. 1940 caves, plus a third cave), 1972 SUMMARY: The U.S. Fish and Wildlife Hubricht and Mackin (1940), reported (unknown numbers taken from two Service (Service) proposes endangered that its clutch size is up to 21 eggs and additional caves), 1974 (six specimens status pursuant to the Endangered Holsinger (1972) reported that ovigerous taken from one of the 1940 caves), 1986 40320 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules

(two specimens taken from one of the Summary of Factors Affecting the alachlor were detected in 83 percent of 1940 caves and from a new, sixth cave), Species groundwater samples taken from springs 1992 (20 specimens taken from one of Section 4 of the Act and regulations in the study area, often exceeding the the 1940 caves), and 1993 (11 specimens (50 CFR part 424) promulgated to U.S. EPA Maximum Contaminant Levels taken from two 1940 caves) (Webb implement the listing provisions of the of 2.0 parts per billion (ppb) and 3.0 1995). Act set forth the procedures for adding ppb, respectively, during and following spring rainfalls. They reported The most recent and extensive species to the Federal lists. A species determined to be an endangered or maximum atrazine levels in spring sampling effort was in 1995 in which samples as high as 98 ppb with the threatened species may be endangered the Illinois Natural History Survey maximum level in Illinois Caverns being or threatened due to one or more of the (INHS) investigated 25 caves in the 1.38 ppb (Panno, et al. 1996). Macek et five factors described in Section 4(a)(1). Illinois Sinkhole Plain and confirmed al. (1976) observed acute toxicity to the These factors and their application to the presence of the species in only three amphipod Gammarus fasciatus from a the Illinois cave amphipod are as of the original six cave systems, all in 48 hour exposure to the herbicide follows: Monroe County (Webb et al. 1993; Webb atrazine at 2.4 parts per million (ppm) 1995). In 1995, 56 specimens were taken A. The Present or Threatened (LC50 = 5.7 ppm). In addition, they from Illinois Caverns, 19 specimens Destruction, Modification, or reported reproductive effects and from Fogelpole Cave and two specimens Curtailment of Its Habitat or Range impaired survival of offspring from from a third, privately owned cave. The degradation of habitat through concentrations as low as 0.14 ppm of Although the number of specimens the contamination of groundwater is atrazine during chronic tests lasting 30– taken in 1995 is greater than the number believed to be the primary threat to the 119 days (Macek et al. 1976). The most commonly used insecticides taken at any other time, this is likely Illinois cave amphipod. Karst terrain, in the region include carbaryl, due to a much more concentrated effort where this amphipod is found, is a land carbofuran, chlorpyrifos, malathion, to search for this species rather than to formation typified by sinkholes and permethrin, methyl parathion, and an increase in the species’ population. fissures that provide direct and rapid phosmet. Mayer and Ellersieck (1985) The species has probably been conduits for water-borne material from reported that Gammaridae were most extirpated from the two privately owned the surface to the groundwater, thereby sensitive to the five insecticides caves where no specimens have been avoiding the filtering and cleansing carbaryl, DDT (dichloro-diphenyl- collected since 1965 or 1986. Its status mechanisms normally provided by trichloroethane), endrin, malathion, and in a sixth, privately owned cave is overlying soils. Recharge to the water methoxychlor and postulate that pulses currently unknown, because the cave table in karst terrain often is nearly of pesticides characteristic of karst entrance has been closed by the instantaneous, and flood pulses springs could have major impacts on landowner, and the cave has not been following a rainstorm may cause levels biota such as amphipods. Webb et al. re-surveyed since 1965. It is possible, of contaminants to become transiently (1993) analyzed amphipod and isopod but unlikely, that there are populations higher (Libra et al. 1986), up to 10,000 tissue samples from numerous caves, in other caves in the Illinois Sinkhole times higher than before the event including the three caves known to Plain; however, INHS personnel made a (Quinlan and Alexander 1987). contain the amphipod, for pesticides There are several possible particular effort to collect in all small and PCB’s (polychlorinated biphenyls). mechanisms by which cave streams may side rivulets and drip pools in the 25 DDE (dichlorodiphenyl- be degraded, three of which are—(1) dichloroethylene) and DDD (1,1- caves. The INHS study manager does The seasonal application of pesticides not believe the species is abundant in dichloro,-2,2-bis(p-chloro-phenyl) and fertilizers, evidence of which has ethane) (breakdown products of DDT) any cave (Donald Webb, INHS, in litt. been found in spring and well water 1996). were detected in isopods from Fogelpole samples in Monroe County (Panno et al. Cave reflecting the historical use of the Previous Federal Action 1996); (2) bacterial contamination from insecticide DDT in the drainage basin. human and animal wastes, which finds In addition, dieldrin, the persistent On May 22, 1984, (49 FR 21664) the its way to subsurface water via septic breakdown product of the insecticide Service published a notice of review systems, the direct discharge of sewage aldrin, was detected in invertebrate which included the Illinois cave waste into sinkholes, or from livestock samples from Fogelpole Cave. Both DDT amphipod as a category 2 candidate feedlots (Panno et al. 1996); and (3) the and aldrin have been banned from use species. The species was again included accidental or intentional dumping of a in the United States since 1973 and as a category 2 species in the notice of toxic substance into a sinkhole. 1974, respectively. These data review published on January 6, 1989 (54 The most commonly used herbicides demonstrate some of the long term FR 554). On November 21, 1991, (56 FR (and their proprietary names) in Monroe detrimental effects that agricultural 58804) the Service published a notice of County are atrazine, alachlor (Lasso), chemicals can have on cave ecosystems. review in which the species was cyanazine (Bladex), metolachlor (Dual), Interestingly, neither DDD, DDE, nor elevated to category 1. The species was glyphosate (Roundup), 2,4–D, dieldrin were detected in water samples imazaquin (Scepter), imazethapyr again included as a category 1 species from Fogelpole Cave, supporting the (Pursuit), and pendimethalin (Prowl) in a notice of review published on premise that cave invertebrates (Omar Koester, University of Illinois November 15, 1995 (59 FR 58982). On accumulate and concentrate these toxins Extension Service, in litt. 1996). The even though they do not exist at February 28, 1996, (61 FR 7596) the Illinois State Geological Survey (ISGS) detectable levels in the cave water, thus Service published a notice of review analyzed water samples from nine serving as indicators of past and present which eliminated the candidate springs, one cave stream, and 33 wells contamination. category designations of previous in Monroe County for bacteria and Webb et al. (1993) also found notices and included the amphipod as pesticides to determine if contamination detectable quantities of bromide, a candidate species with a listing is occurring (Panno, et al. 1996). The fluoride, sulfate, and nitrate in Illinois priority of 2. agricultural herbicides atrazine and/or Caverns and Fogelpole Cave. In Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40321 addition, they found detectable dependent isopods and flatworms is collectors may seek the species once it concentrations of calcium, sodium, stimulated. At still lower impact levels, becomes listed. magnesium, iron, manganese, silicon, the reproduction of larger cave- Human utilization of cave and barium in water samples from dependent species, like crayfish, may environments is a potential threat to this Fogelpole Cave, and these plus also be stimulated. species. The accidental or intentional aluminum, potassium, and phosphorus The effects of bacterial contamination introduction of materials toxic to this in Illinois Caverns (Webb et al. 1993). In on the Illinois cave amphipod are species, unauthorized collecting, direct amphipod tissue samples from unknown. However, bacterial injury or mortality, and habitat Fogelpole Cave, they reported detectable contamination is evidence of water disturbance are potential hazards during concentrations of aluminum, boron, quality deterioration and could pose a visits to caves. None of the caves barium, calcium, chromium, copper, threat to the species. Monroe County is occupied by the amphipod have iron, potassium, magnesium, within commuting distance of the St. improved pedestrian walkways, and manganese, sodium, phosphorus, and Louis, Missouri, metropolitan area and visitors must pass through the cave zinc (Webb et al. 1993). The six highest is rapidly undergoing residential streams to access deeper passages. Such ranked metals detected in amphipod development (Poulson 1991). In fact, the activities can physically disturb cave samples were also the six highest increase in bacterial contamination of stream habitat, but the subsequent ranked metals detected in water well water in the county coincided with impact on the amphipod is unknown. samples, indicating an apparent the onset of accelerated development Cave ecosystems are considered to be relationship between the relative about 1987 (Poulson 1991). It is likely delicate and are easily damaged. concentrations of these metals in both that the increase in bacterial The State of Illinois owns the main water and tissue. The acute and chronic contamination was the result of the entrances to Illinois Caverns and effects of these ions on the Illinois cave installation of private septic systems in Fogelpole Cave and manages them as amphipod are currently unknown but areas with soils of limited waste satellites of the Kaskaskia River State their presence in amphipod tissues and assimilation capacity, inadequate soil Fish and Wildlife Area. The State allows the water samples provides evidence of thickness, and systems that discharge a maximum of 25 individuals at a time potential harm. septic effluent directly into sinkholes to enter Illinois Caverns, unsupervised, In addition to chemical (Joan Bade, Monroe-Randolph Bi- provided they obtain a permit and agree contamination, Panno et al. (1996) County Health Department, Waterloo, to conditions that prohibit littering or report that all springs and cave streams IL., pers. comm. 1996). removal of biological materials. The they sampled, as well as 29 of 33 wells, The toxicity of contaminants to cave- Caverns are staffed during business contained concentrations of coliform, dwelling species may be quite different hours by an on-site attendant. fecal coliform, enterococcus, and than the response of their surface- The main entrance to Fogelpole Cave, numerous other bacterial species that dwelling relatives, making the results of a dedicated Nature Preserve, is gated. exceeded drinking water standards. The chemical analysis difficult to interpret. The State does not allow any visitation bacterial species present strongly Due to their adaptations to a narrow of this cave except by permit for suggest contamination from both human range of environmental conditions, scientific purposes only. Three privately and livestock sources. Prior to 1988, obligate cave species may be owned entrances to the third cave private and aeration-type septic systems hypersensitive to chemical changes in containing the amphipod have also been were allowed to discharge directly into ways that are not detectable by standard dedicated as Illinois Nature Preserves. sinkholes and most of those systems are toxicity tests (Poulson 1991). Such dedication implements landowner still in existence (Panno et al. 1996). Contaminants known to be toxic to agreements to preserve and maintain Although the practice was prohibited in amphipods and other crustaceans have existing conditions at these sites. 1987, exceptions are still granted in the been shown to be present and increasing study area (Panno et al. 1996). in cave streams in the local area. While C. Disease or Predation In his studies, Poulson (1991) direct mortality cannot be conclusively The importance of these factors is concluded that bacterial pollution from attributed to such agricultural chemicals presently unknown. human and livestock wastes has varying as atrazine, carbaryl, DDT, or malathion, degrees of impact on cave biota. At high or to bacterial contamination, the D. The Inadequacy of Existing levels of contamination, a high presence of such contaminants in the Regulatory Mechanisms biochemical oxygen demand (BOD) kills amphipod’s environment constitutes This species has no protection under all macroscopic organisms and leaves strong circumstantial evidence that the Federal law. The Federal Cave only strands of colonial sewage bacteria deterioration of water quality is the Resources Protection Act of 1988 (16 and associated protozoa. If the BOD is primary cause of the decrease in its U.S.C. 4301–4309; 102 Stat. 4546) seeks high but does not completely remove range and number of extant populations. to secure, protect, and preserve oxygen, then tubificid sewage worms significant caves on Federal lands for become part of the faunal community. If B. Overutilization for Commercial, the perpetual use, enjoyment, and the amount of wastes is not too great, as Recreational, Scientific, or Educational benefit of all people. However, at this with the diffuse input from septic fields, Purposes time, the Cave Resources Protection Act the sewage fauna is only minimally Overexploitation or scientific provides no protection to any caves developed, but the increased organic collecting are not believed to be factors containing, or potentially containing, food supply favors survival and affecting the species’ continued Illinois cave amphipods, because none reproduction of shorter-lived non-cave- existence at this time, but the Federal of the caves are on or under Federal dependent macrofauna which may listing will prohibit unauthorized land or are located in the immediate replace cave-dependent species. If the collection of individuals of the species. vicinity of Federal ownership. input of waste decreases later, Exact numbers are unknown, but at a Therefore, these caves are ineligible for chironomid midges and other non-cave- minimum only 139 specimens have Federal protection under the Cave dependent species survive but can no been collected from 6 caves over a 55- Resources Protection Act. longer reproduce, while the year period. Protection from collection The Illinois cave amphipod is listed reproduction of short-lived cave- may become important, because as an endangered species under the 40322 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules

Illinois Endangered Species Protection are printed on pesticide container accordance with the Act, on which are Act. As such, it is protected from direct labels. While pesticide applicators may found those physical or biological taking (i.e., injury or mortality) be applying chemicals fully in features (I) essential to the conservation regardless of whether it is on public or compliance with the restrictions, of the species and (II) that may require private land. However, ‘‘take’’ under adverse impacts to the species may still special management considerations or State law does not include indirect result. protection and; (ii) specific areas harm through such mechanisms as Current State and local regulations are outside the geographical area occupied habitat alteration. As long as inadequate for protecting water quality by a species at the time it is listed, upon landowners are otherwise in compliance in a sensitive geological formation like a determination that such areas are with the law, Illinois law is unable to karst. St. Clair and Monroe counties are essential for the conservation of the provide habitat protection for this rapidly developing as residential species. ‘‘Conservation’’ means the use species resulting from private actions. communities for the St. Louis, Missouri, of all methods and procedures needed State law requires consideration of Metropolitan Area with most home sites to bring the species to the point at this species during the planning being served by individual wells and which listing under the Act is no longer processes of State agencies and local septic systems. Septic systems may not necessary. units of government which must consult perform as designed and, in some cases, Section 4(a)(3) of the Act and with the Illinois Department of Natural septic effluent is allowed to drain implementing regulations (50 CFR Resources (DNR) on the impacts of their directly into sinkholes. Studies have 424.12) require that, to the maximum proposed actions. The DNR will provide shown that there is no general housing extent prudent and determinable, the recommendations on how the impacts density in karst terrain that assures that Secretary designate critical habitat at the to the species can be avoided or groundwater quality will be protected time the species is determined to be minimized. The unit of government may when septic systems are used (Aley and endangered or threatened. The Service accept or reject any or all Thompson 1984). The more houses finds that designation of critical habitat recommendations (Illinois there are in a spring or cave stream is not prudent for the Illinois cave Administrative Code). recharge area, the greater the chance amphipod at this time. Service As mentioned in section B above, that some of them will introduce regulations (50 CFR 424.12(a)(1)) state several of the entrances to caves contaminants into the groundwater that designation of critical habitat is not containing the species are dedicated as system, and the greater the chance that prudent when one or both of the Illinois Nature Preserves, which is the one or more of the septic field systems following situations exist—(1) The strongest land protection mechanism in will constitute a major source of species is threatened by taking or other Illinois. Such dedication restricts future groundwater contamination (Aley and human activity, and identification of uses of the land, in perpetuity, for the Thompson 1984). critical habitat can be expected to purpose of preserving the site in its increase the degree of threat to the natural state. The removal of biota from E. Other Natural or Manmade Factors species, or (2) such designation of the site is prohibited except by permit Affecting Its Continued Existence critical habitat would not be beneficial and for scientific purposes only. As a group, aquatic amphipods have to the species. Allowable uses of the site are limited to adapted to the extremes of natural The Service believes critical habitat is nonconsumptive, nondestructive events such as spring floods or high not prudent for the Illinois cave activities only. The landowner may discharge following a rainstorm and, no amphipod because both of the situations decide whether to allow public access to doubt, some individuals are washed out described above are believed to exist. the site and management is of the cave environment during such The nature of karst terrain means that accomplished in accordance with a events. However, because of the low surface features such as sinkholes, master management plan prepared numbers of the Illinois cave amphipod fissures, and disappearing streams jointly by the Illinois Nature Preserve and a highly restricted range, even the provide a direct connection to the cave Commission and the landowner. loss of a few individuals may be streams inhabited by the amphipod. Dedicated properties cannot be significant to the species’ survival. The Publishing a critical habitat map would subdivided and the dedication species being extant in only three cave delineate the recharge areas of the three instrument is attached to the deed and systems within a relatively small caves. The Service believes such a map recorded. geographic area, it is conceivable that a would make it easy to locate the Ownership or protection of cave heavy spring snowmelt or rainstorm sinkhole accesses to the cave streams entrances does not necessarily ensure could cause a flushing of all three and could promote vandalism in the protection of the caves’ environment, systems at one time. As a consequence, form of intentional introduction of toxic particularly water quality. Water quality there may not be enough individuals chemicals into the underground system. is largely a function of land use in cave remaining in the caves for the species to Listing the Illinois cave amphipod as an stream recharge areas, and the vast reproduce and survive. endangered species publicizes the majority of the watersheds of all caves The Service has carefully assessed the present vulnerability of this species, containing the amphipod is in private best scientific and commercial and, thus can be reasonably expected to ownership and land use is primarily information available regarding the past, increase the threat of vandalism or agriculture. Recharge areas may be present and future threats faced by this intentional destruction of the species several square miles in size, and runoff species in determining to propose this habitat. In light of the great vulnerability and seepage from thousands of acres of rule. Based on this evaluation, the of this species to vandalism or the agricultural land may be funneled into preferred action is to list the Illinois intentional destruction of its habitat, one cave system, thus increasing the cave amphipod as endangered. publication of maps providing its magnitude of any toxic hazard posed by precise locations within increasing the use of agricultural chemicals. The Critical Habitat developing areas and descriptions of application of pesticides is regulated by Critical habitat is defined in section 3 critical habitat, as required for the the U.S. Environmental Protection of the Act as: (i) The specific areas designation of critical habitat, would Agency (EPA) and maximum allowable within the geographical area occupied reasonably be expected to increase the application levels and use restrictions by a species, at the time it is listed in degree of threats to the species, increase Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40323 the difficulties of enforcement, and existence of a proposed species or result species range that is likely to result in further contribute to the decline of the in destruction or adverse modification the deterioration of cave water quality Illinois cave amphipod. of proposed critical habitat. If a species and harm to the species. Use of such In addition, designation of critical is listed subsequently, Section 7(a)(2) chemicals in violation of label habitat would not provide significant requires Federal agencies to ensure that directions, or any use following Service benefits to the species or its habitat over activities they authorize, fund, or carry notification that such use, application or and above those benefits which are out are not likely to jeopardize the discharge is likely to harm the species, already available through a section 7 continued existence of such a species or would be evidence of unauthorized use, jeopardy finding made during to destroy or adversely modify its application or discharge. A buffer zone consultation with other Federal critical habitat. If a Federal action may identifying the area of greatest concern agencies. Consultation is likely to occur affect a listed species or its critical within the caves recharge area will be with the U.S. Department of habitat, the responsible Federal agency identified by the Service to indicate Agriculture’s Natural Resource must enter into formal consultation with areas of special sensitivity for the Conservation Service (NRCS) and with the Service. Illinois cave amphipod. the EPA for programs administered by Federal agency actions that may (2) Discharging of agrichemicals or those agencies. For a species such as require conference and/or consultation other pollutants including debris, this, extant in only three small, discrete as described in the preceding paragraph garbage, trash, septic effluent or any populations, any significant adverse include activities by the NRCS such as other foreign material into sinkholes or impact to its habitat would likely the Conservation Reserve Program, the fissures in the recharge areas of the jeopardize the species’ continued Environmental Quality Incentive species range. existence. Therefore, for this species the Program, and the Highly Erodible Land (3) Unauthorized construction, threshold for a jeopardy determination and Wetland Conservation provisions of installation of new private septic is indistinguishable from the threshold the Food Security Act of 1985. These systems or any identified improper use, for determining adverse modification of activities will generally benefit the maintenance or servicing of existing critical habitat. species through the protection of private septic systems in the recharge Critical habitat designation has no groundwater quality. In addition, areas of the species’ range, if such legal effect on private actions that do conference and/or consultation may be unauthorized construction, installation not require consultation by a Federal required with the EPA on the use of or identified use, maintenance or agency under section 7 of the Act. pesticides in the watersheds of the servicing is likely to result in the Therefore, because there are no species range. contamination or degradation of cave significant benefits that will accrue from The Act and implementing stream water quality and harm to the critical habitat designation, and because regulations set forth a series of general species. Illegal or improper such a designation would present prohibitions and exceptions that apply construction, installation of new significant additional risks to the to all endangered wildlife. The species, the Service determines that prohibitions codified at 50 CFR 17.21, systems or any improper use, designation of critical habitat would not in part make it illegal for any person maintenance or servicing of existing benefit the Illinois cave amphipod. subject to the jurisdiction of the United systems, following Service notification States to take (including harass, harm, that such activities and the location of Available Conservation Measures pursue, hunt, shoot, wound, kill, trap, such activities within the caves recharge Conservation measures provided to or collect; or to attempt any of these), area are likely to harm the species and species listed as endangered or import or export, ship in interstate the expiration of a reasonable time to threatened under the Act include commerce in the course of commercial correct or mitigate against such system recognition, recovery actions, activity, or sell or offer for sale in deficiencies, would be evidence of requirements for Federal protection, and interstate or foreign commerce, any unauthorized construction, installation prohibitions against certain practices. listed species. It also is illegal to or improper use, maintenance or Recognition through listing encourages possess, sell, deliver, carry, transport, or servicing. and results in conservation actions by ship any such wildlife that has been (4) Impoundment, water diversion, Federal, state, and private agencies, taken illegally. Certain exceptions apply draining, ditching or discharging of fill groups, and individuals. The Act to agents of the Service and State material in wetlands, sinkhole lakes and provides for possible land acquisition conservation agencies. ponds, sinkholes, fissures, and and cooperation with the states and It is the policy of the Service (59 FR reduction or loss of streams within requires that recovery actions be carried 34272; July 1, 1994) to identify to the recharge areas of the species range if out for all listed species. The protection maximum extent practicable at the time such activities adversely affect the required of Federal agencies and the a species is listed those activities that supply and quality of water in the cave prohibitions against taking and harm are would or would not constitute a streams wherein the species is found. discussed, in part, below. violation of section 9 of the Act. The (5) Unauthorized visitation or use of Section 7(a) of the Act requires intent of this policy is to increase public Illinois Caverns and other caves Federal agencies to evaluate their awareness of the effect of the listing on identified as containing this species if actions with respect to any species that proposed and ongoing activities within such visitation or use is identified as is proposed or listed as endangered or a species’ range. Activities that the likely to cause impacts to stream habitat threatened and with respect to its Service believes could potentially harm and result in harm to the species. critical habitat, if any is being or kill the Illinois cave amphipod and Visitation or use of Illinois Caverns and designated. Regulations implementing result in take include, but are not other caves containing the species, this interagency cooperation provision limited to: following Service notification that such of the Act are codified at 50 CFR part (1) Unauthorized use, application or visitation or use is likely to harm the 402. Section 7(a)(4) of the Act requires discharge of agrichemicals, or other species, would be evidence of Federal agencies to confer informally pollutants, particularly insecticides, unauthorized visitation or use. with the Service on any action that is onto plants, soil, ground, water or other The Service believes, based on the likely to jeopardize the continued surfaces within the recharge areas of the best available information, that the 40324 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules following actions will not result in a National Environmental Policy Act Poulson, T.L. 1991. Assessing groundwater violation of section 9: quality in caves using indices of (1) Use of fertilizers and pesticides on The Fish and Wildlife Service has biological integrity. Pages 495–511. In: residential (non-agricultural) properties determined that an Environmental Proceedings of the Third Conference on Hydrology, Ecology, Monitoring and within the recharge areas of the species Assessment, as defined under the authority of the national Environmental Management of Groundwater in Karst range. Terrains. December, 1991. Nashville, TN. Policy Act of 1969, need not be (2) Construction and use of properly Quinlan, J.F. and E.C. Alexander. 1987. How constructed and well functioning sewer prepared in connection with regulations often should samples be taken at relevant systems within the species range. adopted pursuant to Section 4(a) of the locations for reliable monitoring of (3) Visitation of Fogelpole Cave by Act. A notice outlining the Service’s pollutants from an agricultural, waste permitted individuals. reasons for this determination was disposal, or spill site in a karst terrain? Permits may be issued to carry out published in the Federal Register on A first approximation. Pages 277–286. In: October 25, 1983 (48 FR 49244). B.F. Beck and W.L. Wilson (eds.) Karst otherwise prohibited activities Hydro-geology: Engineering and involving endangered wildlife under Required Determinations Environmental Applications. certain circumstances. Regulations Proceedings of the Second governing permits are at 50 CFR 17.22, The Service has examined this Multidisciplinary Conference on 17.23, and 17.32. For endangered regulation under the Paperwork Sinkholes and the Environmental species such permits are available for Reduction Act of 1995 and found it to Impacts of Karst, Orlando, FL. 429 pp. scientific purposes, to enhance the contain no information collection Webb, D.W., S.J. Taylor, and J.K. Krejca. propagation or survival of the species, requirements. 1993. The biological resources of Illinois and/or for incidental take in connection caves and other subterranean References Cited environments. Technical Report 1993(8), with otherwise lawful activities. Center for Biodiversity, Illinois Natural Public Comments Solicited Aley, Thomas and K.C. Thomson. 1984. History Survey, Champaign, IL. Septic fields and the protection of Webb, D.W. 1995. Status report on the cave The Service intends that any final groundwater quality in Greene County, amphipod Gammarus acherondytes action resulting from this proposal will Missouri. Ozark Underground Hubricht and Mackin (Crustacea: be as accurate and as effective as Laboratory. Springfield, MO. Pages 31– Amphipoda) in Illinois. Technical possible. Therefore, comments or 46. Report 1995 (22). Illinois Natural History suggestions from the public, other Holsinger, John R. 1972. The freshwater Survey Center for Biodiversity, amphipod crustaceans (Gammaridae) of Champaign, IL. 22 pp. concerned governmental agencies, the North America. In: U.S. Envir. Protect. scientific community, industry, or any Agency Identification Manual No. 5., Author: The primary author of this other interested party concerning this pages 17–27. Washington, D.C. proposed rule is Gerald Bade, U.S. Fish proposed rule are hereby solicited. Hubricht, Leslie and J.G. Mackin. 1940. and Wildlife Service, 4469 48th Avenue Comments particularly sought Descriptions of nine new species of Court, Rock Island, Illinois 61201. concerning: fresh-water amphipod crustaceans with (1) Biological, commercial trade, or notes and new localities for other List of Subjects in 50 CFR Part 17 other relevant data concerning any species. In: The Am. Midl. Nat. 23:192– 193, and Fig. 2. threat (or lack thereof) to this species; Endangered and threatened species, Illinois Administrative Code, part 17, Section (2) The location of any additional Exports, Imports, Reporting and 1075. recordkeeping requirements, and populations of this species and the Libra, R.D., G.R. Hallberg, B.E. Hoyer, and reasons why any habitat should or L.G. Johnson. 1986. Agricultural impacts Transportation. should not be determined to be critical on ground water quality: The Big Spring Proposed Regulation Promulgation habitat as provided by Section 4 of the basin study, Iowa—agricultural impacts Act; on ground water (Omaha, NE). Pages Accordingly the Service hereby (3) Additional information concerning 253–273. In: Proceedings, National Water proposes to amend part 17, subchapter Well Association, Dublin, OH. the range, distribution, and population B of chapter I, title 50 of the Code of size of this species; Macek, K.J., K.S. Buxton, S. Sauter, S. Gnilka, and J.W. Dean. 1976. Chronic toxicity of Federal Regulation, as set forth below: (4) Current or planned activities in the atrazine to selected aquatic invertebrates subject area and their possible impacts and fishes. EPA–600/3–76–047. PART 17Ð[AMENDED] on this species. Environmental Research Laboratory— Final promulgation of the Duluth, U.S. Envir. Protect. Agency, 1. The authority citation for Part 17 regulation(s) on this species will take Duluth, MN. As reported in: Pesticide continues to read as follows: into consideration the comments and background statements, Volume 1 Authority: 16 U.S.C. 1361–1407; 16 U.S.C. any additional information received by Herbicides. U.S. Forest Service. 1984. Agriculture Handbook #633. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– the Service, and such communications Washington, D.C. 625, 100 Stat. 3500; unless otherwise noted. may lead to a final regulation that Mayer, Foster L. Jr. and M.R. Ellersieck. 1986. differs from this proposal. Manual of acute toxicity: interpretation 2. Section 17.11(h) is amended by The Act provides for a public hearing and data base for 410 chemicals and 66 adding the following, in alphabetical on this proposal, if requested. Requests species of freshwater animals. U.S. Dept. order under Crustaceans to the list of of the Int., Fish and Wildlife Service. must be received within 45 days of the Endangered and Threatened Wildlife: date of publication of the proposal in Washington, D.C. 506 pp. the Federal Register. Such requests Panno, S.V., I.G. Krapac, C.P. Weibel, and § 17.11 Endangered and threatened J.D. Bade. 1996. Groundwater must be made in writing and addressed wildlife. contamination in karst terrain of to Field Supervisor, U.S. Fish and southwestern Illinois. Illinois State * * * * * Wildlife Service, Ecological Services Geological Survey Environmental (h) * * * Field Office, 4469 48th Avenue Court, Geology Series Report 151. Champaign, Rock Island, Illinois. IL. 43 pp. Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40325

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

******* CRUSTACEANS

******* Amphipod, Illinois cave Gammarus U.S.A. (IL) ...... NA E ...... NA NA acherondytes.

*******

Dated: July 10, 1997. appointment, during normal business Wiggins (1940) described Sidalcea John G. Rogers, hours at the above address. keckii from specimens collected in 1935 Acting Director, Fish and Wildlife Service. FOR FURTHER INFORMATION CONTACT: Ken and 1938 near White River, Tulare [FR Doc. 97–19763 Filed 7–25–97; 8:45 am] Fuller, Sacramento Field Office (see County. Sidalcea keckii was known BILLING CODE 4310±55±P ADDRESSES section), (telephone 916/ historically from three populations 979–2120; facsimile 916/ 979–2128). occurring between 120 to 425 meters (m) (400 to 1,400 feet (ft)) in elevation, DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: but it has not been seen at two of these Background sites for about 57 years. It was Fish and Wildlife Service considered to be extinct until 1992, The San Joaquin Valley of California when the third, and only extant, 50 CFR Part 17 is a large, north-south oriented, alluvial population of S. keckii was discovered valley that is mostly farmed or RIN 1018±AE30 by consultants conducting a site urbanized. The San Joaquin Valley, from inventory as part of the environmental Endangered and Threatened Wildlife Stockton in the north to Bakersfield in compliance prior to construction of a and Plants; Proposed Endangered the south, is approximately 700 subdivision (Woodward and Clyde, Status for the Plant Sidalcea Keckii kilometers (km) (320 miles (mi)) long Biological Consultants, 1992). The (Keck's Checker-Mallow) From Tulare and 300 km (135 mi) wide. Tulare population of S. keckii occurs on 20 to County, California County, one of ten counties in the San 40 percent slopes of red or white- Joaquin Valley, is located toward the colored clay in sparsely-vegetated AGENCY: Fish and Wildlife Service, southern end of the valley. A single annual grasslands. The clays are thought Interior. population of Sidalcea keckii occurs to be derived from serpentine ACTION: Proposed rule. toward the southern end of the valley, (magnesian or ultramafic) soils. The in south-central Tulare County. population covers an area measuring 30 SUMMARY: The Fish and Wildlife Service Sidalcea keckii is a slender, hairy, m by 100 m (100 ft by 320 ft) and had (Service) proposes to list Sidalcea keckii erect annual herb belonging to the (Keck’s checker-mallow) as endangered a total of only 60 plants in 1992. It mallow family (Malvaceae). The species occurs on a privately-owned parcel of pursuant to the Endangered Species Act grows 1.5 to 3.5 decimeters (dm)(6 to 13 of 1973, as amended (Act). Sidalcea land comprising an area of 280 hectare inches(in.)) tall. The lower leaf blades (ha) (700 acre (ac)) that is currently keckii is known only from a single have 7 to 9 shallow lobes. The upper population in the annual grasslands of grazed by livestock. S. keckii is leaves have a tapered base with 2 to 5 threatened by urban development, Tulare County, California. Sidalcea notches in the upper lobes. A few deep keckii is threatened by urban agricultural land conversion, and pink flowers, 10 to 20 millimeters (mm) naturally occurring events. development, agricultural land (0.4 to 0.8 in.) wide, appear in April conversion, and naturally occurring through May. Seeds are smooth and Previous Federal Action events. This proposal, if made final, pink-tinted. Sidalcea keckii closely Federal government actions on the would implement the Federal protection resembles four other annual species of plant began as a result of section 12 of and recovery provisions afforded by the Sidalcea—S. calycosa, S. diploscyha, S. the original Endangered Species Act of Act for the plant. hartwegii, and S. hirsuta. Sidalcea 1973, (Act) as amended (16 U.S.C. 1531 DATES: Comments from all interested calycosa and S. diploscyha have ranges et seq.), which directed the Secretary of parties must be received by, September that overlap with S. keckii. Sidalcea the Smithsonian Institution to prepare a 26, 1997. Public hearing requests must keckii can be variously separated from report on those plants considered to be be received by September 11, 1997. similar species by the number and size endangered, threatened, or extinct in the ADDRESSES: Comments and materials of flowers, the arrangement of stamens, United States. This report, designated as concerning this proposal should be sent the lengths of the bract and calyx, the House Document No. 94–51, was to the Field Supervisor, U.S. Fish and presence of an aggregation of linear presented to Congress on January 9, Wildlife Service, Sacramento Field stipules and bracts surrounding the 1975, and included Sidalcea keckii as a Office, 3310 El Camino Avenue, flower at maturity, the size and shape of threatened species. The Service Sacramento, California 95825. the stem leaves, the density of hairs on published a notice on July 1, 1975 (40 Comments and materials received will the stems, and the presence of a FR 27823) of its acceptance of the report be available for public inspection, by purplish spot on the flower. of the Smithsonian Institution as a