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Federal Register/Vol. 69, No. 16/Monday, January 26, 2004/Notices

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Federal Register/Vol. 69, No. 16/Monday, January 26, 2004/Notices 3592 Federal Register / Vol. 69, No. 16 / Monday, January 26, 2004 / Notices Dated: January 9, 2004. (16 U.S.C. 1531 et seq.), requires that, Range and Distribution Susan MacMullin, for any petition to revise the List of Midvalley fairy shrimp have been Acting Assistant Regional Director, Ecological Threatened and Endangered Species found in the following California Services, Region 2, Albuquerque, New that contains substantial scientific and counties: Sacramento, Solano, Contra Mexico. commercial information that listing may Costa, San Joaquin, Madera, Merced, [FR Doc. 04–1557 Filed 1–23–04; 8:45 am] be warranted, we make a finding within Fresno and Yolo (Belk and Fugate 2000; BILLING CODE 4310–55–P 12 months of the date of the receipt of California Natural Diversity Database the petition on whether the petitioned (CNDDB) 2003a). The known action is (a) not warranted, or (b) occurrences of midvalley fairy shrimp DEPARTMENT OF THE INTERIOR warranted, or (c) warranted but are distributed in five different Vernal precluded by other pending proposals. Fish and Wildlife Service Pool Regions as described by Keeler- Such 12-month findings are to be Wolf et al. (1998) (Southeastern published promptly in the Federal Endangered and Threatened Wildlife Sacramento Valley, Livermore, Southern Register. Sierra Foothills, San Joaquin Valley, and and Plants; 12-Month Finding for a On August 31, 2001, we received a the Solano-Colusa Region). Each of Petition To List the Midvalley Fairy petition dated August 14, 2001, from the Shrimp as Endangered Center for Biological Diversity and these regions is classified as having VernalPools.Org, requesting us to list different or unique vernal pool AGENCY: Fish and Wildlife Service, characteristics. The area encompassed Interior. the midvalley fairy shrimp as an endangered species. On April 29, 2003, by these regions includes the vernal ACTION: Notice of 12-month petition pool habitats in the San Joaquin Valley, finding. we announced an initial petition finding in the Federal Register that the petition the Sierra Nevada foothills from Yuba SUMMARY: We, the U.S. Fish and presented substantial information to County south to Kern County, the Wildlife Service (Service), announce a indicate the petitioned action may be Sacramento Valley from Glenn County 12-month finding for a petition to list warranted (68 FR 22724). In accordance south to Santa Clara County along the the midvalley fairy shrimp with section 4(b)(3)(A) of the Act, we Coast Range. Although the vernal pool (Branchinecta mesovallensis) under the have now completed a status review of grassland complexes which are Endangered Species Act of 1973, as the best available scientific and contained within these regions offer amended. After reviewing the available commercial information on the species, unique or specific environmental scientific and commercial information, and have reached a determination conditions for the species inhabiting we find that listing is not warranted at regarding the petitioned action. This them, without site specific knowledge of this time. We ask the public to submit determination meets deadline the exact habitat requirements of the to us any new information that becomes requirements established by a court- midvalley fairy shrimp it would be available concerning the status of or approved consent decree (Butte difficult to rule these areas out as not threats to the species. This information Environmental Council v. Wayne White, being habitat available for the species. will help us monitor and encourage the Consent Decree, CIV.S–00–797 WBS). Midvalley fairy shrimp are distributed conservation of this species. within the same vernal pool complexes Species Information as other listed vernal pool crustaceans DATES: The finding announced in this The midvalley fairy shrimp is a small (vernal pool fairy shrimp, vernal pool document was made on January 20, (0.28 to 0.79 inch (in), (7 to 20 tadpole shrimp (Lepidurus packardi), 2004. Although further listing action millimeter (mm)) freshwater crustacean and conservancy fairy shrimp) and will not result from this finding, we found in shallow ephemeral pools known habitat preferences for midvalley request that you submit new (pools that seasonally fill and dry up) fairy shrimp can be reasonably information concerning the status of or near the middle of California’s Central presumed to fall within the parameters threats to this species whenever it Valley (Helm 1998; Eriksen and Belk of these listed vernal pool crustaceans. becomes available. 1999; Belk and Fugate 2000). It swims Since we published our 90-day ADDRESSES: The complete file for this on its back by beating its phyllopods, finding on a petition to list the species finding is available for inspection, by which are legs with leaflike or in April, 2003 (68 FR 22724), the appointment, during normal business paddlelike structures. The moving CNDDB has documented six new sites hours, at the Sacramento Fish and phyllopods also extract oxygen from the (two in Yolo County and 4 in Wildlife Office, U.S. Fish and Wildlife water, along with floating bits of food Sacramento County). This brings the Service, 2800 Cottage Way, Sacramento, such as phytoplankton and detrital total number of known occurrences CA 95825–1846. Submit new bacterial colonies. from 52 to 58. Additional records not information, materials, comments, or The midvalley fairy shrimp was only recorded in CNDDB have also been questions concerning this species to the recently formally described as a species documented as a result of surveys in Service at the above address. by Belk and Fugate (2000). Adult males east Merced County in 2001 and 2002 FOR FURTHER INFORMATION CONTACT: Glen of the species most closely resemble (K. Fien, in litt. 2002, CNDDB 2002, Tarr or Arnold Roessler, at the male Conservancy fairy shrimp CNDDB 2003). The increase of known Sacramento Fish and Wildlife Office (Branchinecta conservatio), while adult locations lends additional support to the (see ADDRESSES section above), by females more closely resemble female idea that the range and distribution of telephone at (916) 414–6600, by vernal pool fairy shrimp (Branchinecta midvalley fairy shrimp is greater than facsimile at (916) 414–6712, or by lynchi). Distinguishing characteristics the distribution of known occurrences. electronic mail at include differently shaped second The two reported occurrences in Yolo [email protected]. antennae for males, and the absence of County are in an area previously not SUPPLEMENTARY INFORMATION: a pair of bumps on the third thoracic known to support midvalley fairy segments of females (Belk and Fugate shrimp. Background 2000). Both of these characteristics can With the exception of eastern Merced Section 4(b)(3)(B) of the Endangered not be confirmed through visual County, the range and distribution of Species Act of 1973, as amended (Act) observation in the field. the midvalley fairy shrimp has been VerDate jul<14>2003 17:19 Jan 23, 2004 Jkt 203001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\26JAN1.SGM 26JAN1 Federal Register / Vol. 69, No. 16 / Monday, January 26, 2004 / Notices 3593 poorly documented by surveys. Helm’s factors including the species’ range and been recorded. This would result in (1998) survey of large branchiopods is distribution. Vernal pool fairy shrimp portions of a vernal pool complex not the most comprehensive, but the 95 species such as midvalley and the other being specifically surveyed. Also the locations surveyed in that study are listed Branchinecta are cryptic in nature frequency of sampling outlined in the spread out across the northern counties and often require several years of protocols may also result in negative of the state, leaving many counties surveying to identify occupied and detections of midvalley fairy shrimp within or on the borders of the unoccupied habitat. Also these species due to their ability to complete their midvalley fairy shrimp’s known range (especially the vernal pool fairy shrimp) lifecycle within a short time frame with few or no sampled locations. The tend to experience local extirpation and (Service Eriksen and Belk 1999). With known range is primarily based on colonization events overtime within and the similarity of physical characteristics occurrence data submitted to the between the vernal pool habitats and between midvalley and other CNDDB, but such data do little to rule complexes in which it is found. As a Branchinecta species it would be out the existence of additional occupied result, a species may not express itself difficult at best to identify the species areas (CNDDB in litt 2003). Most on a regular basis in every vernal pool only through visual observation of the potentially occupied sites have yet to be or vernal pool complex it is found. pools. surveyed for the species, and surveys During the process to list the four vernal We attempted to address these conducted for other vernal pool species pool crustaceans, the original problems in 2001 by commissioning a can not be relied on to provide distribution and range of the California rangewide midvalley fairy shrimp midvalley fairy shrimp data to the fairy shrimp (Linderiella occidentalis) survey, but although the survey did find CNDDB. The species is difficult to was believed to be much more restricted some new populations, the survey was identify, and was not formally described than later found after subsequent survey not conducted comprehensively or until 2000 (Belk and Fugate 2000). efforts. The California fairy shrimp is systematically. Also, most of the Although survey permits for listed subject to the same threats of habitat sightings found merely served to vernal pool species now require loss and alteration as the four listed confirm population sites that were biologists to submit any midvalley fairy crustaceans, yet due to its range and already in the published literature. The shrimp data to the CNDDB, failure to do distribution is more widespread and not survey therefore did little to verify range so would be difficult to detect.
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