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(2) The amount of the allotment for (1) The State has submitted to the claimed during a 2-year period of each of the 50 States and the District of Secretary, and has approved by the availability, beginning with the fiscal Columbia, and for each of the Secretary a State plan amendment or year of the final allotment and ending Commonwealths and Territories (not waiver request relating to an expansion with the end of the succeeding fiscal including the additional amount for FY of eligibility for children or benefits year following the fiscal year. 2009 determined under paragraph under title XXI of the Act that becomes Authority: (Section 1102 of the Social (c)(2)(ii) of this section) is equal to the effective for a fiscal year (beginning Security Act (42 U.S.C. 1302) product of: with FY 2010 and ending with FY (Catalog of Federal Domestic Assistance (i) The percentage determined by 2013); and Program No. 93.778, Medical Assistance dividing the amount in paragraph (2) The State has submitted to the Program) (e)(2)(i)(A) by the amount in paragraph Secretary, before the August 31 (Catalog of Federal Domestic Assistance (e)(2)(i)(B) of this section. preceding the beginning of the fiscal Program No. 93.767, State Children’s Health (A) The amount of the State allotment year, a request for an expansion Insurance Program)) allotment adjustment under this for each of the 50 States and the District Dated: June 19, 2009. of Columbia, and for each of the paragraph for such fiscal year that Charlene Frizzera, Commonwealths and Territories (not specifies— (i) The additional expenditures that Acting Administrator, Centers for Medicare including the additional amount for FY & Medicaid Services. 2009 determined under paragraph are attributable to the eligibility or Approved: July 29, 2009. (c)(2)(ii) of this section). benefit expansion provided under the (B) The sum of the amounts for each amendment or waiver described in Kathleen Sebelius, of the 50 States and the District of paragraph (g)(1) of this section, as Secretary. Columbia, and the Commonwealths and certified by the State and submitted to [FR Doc. E9–22162 Filed 9–15–09; 8:45 am] Territories in paragraph (e)(2)(i) of this the Secretary by not later than August BILLING CODE 4120–01–P section. 31 preceding the beginning of the fiscal (ii) The total amount available for year; and allotment for the fiscal year under (ii) The extent to which such DEPARTMENT OF THE INTERIOR paragraph (b) of this section additional expenditures are projected to (f) Allotment increase factor. The exceed the allotment of the State or Fish and Wildlife Service allotment increase factor for a fiscal year District for the year. is equal to the product of the following: (3) Subject to paragraph (e) of this 50 CFR Part 17 (1) Per capita health care growth section relating to proration, the amount [Docket No. FWS–R1–ES–2008–0073; factor. The per capita health care growth of the allotment of the State or District 14420–1113–0000–C6] factor for a fiscal year is equal to 1 plus under this subsection for such fiscal the percentage increase in the projected year shall be increased by the excess Endangered and Threatened Wildlife per capita amount of the National amount described in paragraph (g)(2)(i). and Plants; 12-Month Finding on a Health Expenditures from the calendar A State or District may only obtain an Petition to Remove the Bliss Rapids year in which the previous fiscal year increase under paragraph (g)(2)(ii) of Snail (Taylorconcha serpenticola) ends to the calendar year in which the this section for an allotment for FY 2010 From the List of Endangered and fiscal year involved ends, as most or FY 2012. Threatened Wildlife recently published by CMS before the (h) CHIP Fiscal Year Allotment Process. As determined by the AGENCY: Fish and Wildlife Service, beginning of the fiscal year involved. Interior. (2) Child Population Growth Factor. Secretary, the CHIP allotments for a fiscal year may be published as ACTION: Notice of 12-month petition The child population growth factor for finding. a fiscal year is equal to 1 plus the Preliminary Allotments or Final percentage increase (if any) in the Allotments in the Federal Register. SUMMARY: We, the U.S. Fish and population of children in the State from § 457.610 [Amended] Wildlife Service (Service), announce a July 1 in the previous fiscal year to July 5. Amend the section heading for 12-month finding on a petition to 1 in the fiscal year involved, as § 457.610 by— remove the Bliss Rapids snail determined by CMS based on the most A. Amending the section heading by (Taylorconcha serpenticola) from the recent published estimates of the removing the words ‘‘for a fiscal year’’ Federal List of Endangered and Census Bureau available before the and adding in its place ‘‘prior to FY Threatened Wildlife (List) pursuant to beginning of the fiscal year involved 2009’’. the Endangered Species Act of 1973, as plus 1 percentage point. For purposes of B. Removing the words ‘‘for a fiscal amended (Act) (16 U.S.C. 1531 et seq.). determining the Child Population year’’ and add in its place add ‘‘prior to Based on a thorough review of the best Growth Factor for FY 2009 for the FY 2009’’in the first line of the scientific and commercial data Commonwealths and Territories only, in paragraph. available, the species continues to be applying the previous sentence, ‘‘United 6. Add a new § 457.611 to subpart F restricted to a small geographic area in States’’ is substituted for ‘‘the State’’. to read as follows: the middle-Snake River, Idaho, where it (g) Increase in State allotment for the is dependent upon cool-water spring 50 States and the District of Columbia § 457.611 Period of availability for State outflows. Although some threats for FY 2010 through FY 2013 to account allotments for a fiscal year after FY 2008. identified at the time of listing in 1992 for approved program expansions. In The amount of a final allotment for a no longer exist or have been moderated, the case of the 50 States and the District fiscal year after FY 2008, as determined ground water depletion and impaired of Columbia, the State allotment for FY under § 457.609 and reduced to reflect water quality still threaten the Bliss 2010 through FY 2013, as determined in certain Medicaid expenditures in Rapids snail. In addition, there are accordance with the provisions of this accordance with § 457.616, remains significant uncertainties about the section, may be increased under the available until expended for Federal effects of hydropower operations and following conditions and amounts: payments based on expenditures New Zealand mudsnails on the

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persistence of Bliss Rapids snails in having strictly male and female Reservoir). Increased sampling effort has riverine habitats. In the absence of the individuals and may exhibit an documented its presence at many more Act’s protections, existing regulations iteroparous (more than one reproductive locations within its range. Based on 837 are not likely to be sufficient to conserve event in an individual’s lifetime) sample events conducted by the Idaho the species. Given our current reproductive strategy (Richards 2004, p. Power Company (IPC), the Bliss Rapids understanding of the species’ 119). The timing of reproduction snail is documented to occur within the geographic distribution, habitat apparently varies by habitat-type. Egg- non-reservoir sections of the middle requirements, and threats, the species laying normally occurs in spring Snake River from approximately RM continues to meet the definition of a colonies between December and March, 547 to RM 572, and RM 580 (Richards threatened species under the Act. while in river colonies egg laying occurs et al. 2006, pp. 33–38). This represents Therefore, we have determined that in January and February (Hershler et al. a refined distribution since the time of removing the Bliss Rapids snail from the 1994, p. 239). Eggs are laid singly, in listing in 1992 due to more accurate List is not warranted at this time. small capsules attached to the bottoms survey data. DATES: We made the finding announced or sides of rocks (Hershler et al. 1994, Bliss Rapids snails are also known to in this document September 16, 2009. p. 239). Emergence of young typically occur in 14 springs or Snake River tributary streams (from RM 552.8 to RM ADDRESSES: This notice is available on takes place a few weeks after egg 604.5) derived from cold water springs the Internet at http://www.fws.gov/idaho deposition depending on water including: Bancroft Springs; Thousand and at http://www.regulations.gov at temperature (Dillon 2000, p. 103), but Springs and Minnie Miller Springs Docket No. FWS–R1–ES–2008–0073. specific timing and temperature (Thousand Springs Preserve); Banbury Supporting documentation we used in information is lacking. Bliss Rapids snails primarily consume Springs; Niagara Springs; Crystal preparing this notice will be available epilithic periphyton (diatom films that Springs; Briggs Springs; Blue Heart for public inspection, by appointment, primarily grow on rock surfaces), as do Springs; Box Canyon Creek; Riley Creek; during normal business hours at the many freshwater snails (Richards Sand Springs Creek; Elison Springs; the U.S. Fish and Wildlife Service, Idaho 2006b). They may also consume Malad River; Cove Creek (a tributary to Fish and Wildlife Office, 1387 S. quantities of detritus, bacteria, and the Malad River); and the headwater Vinnell Way, Room 368, Boise, ID protozoa embedded in the simple sugar springs to Billingsley Creek (Richards et 87309; telephone (208) 378–5243; matrix (i.e., the periphyton) on the al. 2006, p. 2; USFWS 2008a, p. 6). facsimile (208) 378–5262. New surfaces of benthic (bottom) substrates. The U.S. Geological Survey (USGS) information, materials, comments, or reported finding several Bliss Rapids questions concerning this species may Range snails at Blue Lakes (approximately be submitted to the Service at the above At the time of listing in 1992, the Snake River mile 610.4) in 1994, but address. distribution of the Bliss Rapids snail surveys of this site in 1996 and 2007 did FOR FURTHER INFORMATION CONTACT: Jeff was thought to be discontinuous over not locate the species (Mebane 2007, Foss, Field Supervisor, U.S. Fish and 204 miles of the Snake River in Idaho, Grotheer 2008). Over 200 springs or Wildlife Service, Idaho Fish and between King Hill (river mile (RM) 546) spring clusters have been mapped or Wildlife Office, (see ADDRESSES section). and Lower Salmon Falls Dam (RM 573) identified on the north side of the Snake If you use a telecommunications device with a disjunct occurrence at RM 749. River canyon (Clark and Ott 1996, p. for the deaf (TDD), you may call the The species’ distribution upstream of 559) where the Bliss Rapids snail has Federal Information Relay Service Upper Salmon Falls Reservoir was been documented to occur. Springs also (FIRS) at 800–877–8339. known to be localized to spring occur on the south side of the Snake SUPPLEMENTARY INFORMATION: complexes (i.e., Thousand Springs (RM River canyon (Clark and Ott 1996, p. 585), Minnie Miller Springs (RM 585), 559), but studies conducted by the Species Information Banbury Springs (RM 589), Niagara Idaho Power Company (IPC) have not The Bliss Rapids snail was first Springs (RM 599), and Box Canyon observed Bliss Rapids colonies in collected in 1959 at the Thousand Springs (RM 588)) (57 FR 59244; springs or tributaries on the south side Springs Preserve in Idaho’s Snake River December 14, 1992). This range was (Bates and Richards 2008). The species by Dwight Taylor (57 FR 59244; based on approximately 14 spring/ is likely present at additional springs on December 14, 1992) and formally tributary collection points (Richards et private lands that have not been described by Hershler et al. (Hershler et al. 2006, p. 33). The reported occurrence sampled (e.g., Hopper 2006b). al. 1994, p. 235) as Taylorconcha at RM 749 is now regarded as erroneous In summary, we now know the Bliss serpenticola in 1994. The Bliss Rapids because: (1) Samples from this Rapids snail to be distributed snail grows to approximately 0.08 to collection have not been located to discontinuously over 22 miles, from RM 0.16 inches (2.0 to 4.0 millimeter (mm)) verify the occurrence (Frest 2002); (2) 547–560, RM 566–572, and at RM 580 in height. The shell is clear to white but the reported collection site is 150 river on the Snake River and to occur in 14 appears to have two morphs due to miles upstream of the known springs or tributaries to the Snake River. coloration of the periostracum (the distribution of the species (Pentec 1991 The area between RM 561–565 shell’s outer layer). The periostracum in 57 FR 59244); and, (3) numerous represents reservoir areas where the can be very light tan to dark brown-red collection efforts in and above American Bliss Rapids snail does not occur. The resulting in the ‘‘pale’’ and ‘‘orange’’ Falls Reservoir (U.S. Bureau of species’ overall geographic range has forms, respectively. The Bliss Rapids Reclamation (USBR) 2003; USBR 2004; not substantially changed since it was snail has approximately 3.5 to 4.5 USBR 2005; Gregg 2006), and in the first described by Hershler et al. (1994), whorls (turn or curl in the shell) with upper Snake River (Fields 2006) have all but the species has been detected at the protoconch (apex or top of the shell) failed to document the occurrence of the more locations within its range. comprising about 1.5 whorls. The apex species. (the highest point of the shell) is blunt. The current known range of the Bliss Habitat Use Bliss rapids snails hatch, reproduce, Rapids snail is similar to what was The Bliss Rapids snail occurs in cold and die in a single year (Hershler et al. described at the time of listing (minus water springs and spring-fed tributaries 1994, pp. 239, 240). They are dioecous, the erroneous location at American Falls to the Snake River (hereafter referred to

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as spring colonies), and in some reaches The Bliss Rapids snail has been Hagerman reach of the middle Snake of the Snake River (hereafter referred to collected in water temperatures ranging River (Stephenson and Bean 2003, pp. as river colonies). Available data from 44.6 to 69.8 degrees Fahrenheit (F) 12, 18; Stephenson et al. 2004, p. 24), indicate that spring colonies are (7 to 21 degrees Celsius (C)) (Finni 2003, whereas colonies in the mainstem Snake consistently larger, at least in terms of p. 14; Clark et al. 2005, p. 55), but is River (Stephenson and Bean 2003, p. 27; density and relative abundance, than generally found in water temperatures Stephenson et al. 2004, p. 24) tend to river colonies (Stephenson and Bean between 59 and 60.8 degrees F (15 and have lower densities (Richards et al. 2003, pp. 12, 18; Stephenson et al. 2004, 16 degrees C) (Hershler et al. 1994, p. 2006, p. 37). Bliss Rapids snail densities p. 24; Richards et al. 2006, pp. 97–99). 237). Richards et al. (2001, p. 377) in Banbury Springs averaged The species is absent from reservoirs collected Bliss Rapids snails from approximately 32.53 snails per square (Hershler et al. 1994, p. 237; Finni 2003, Banbury Springs in thermally constant foot (350 snails per square meter) on p. 28; Richards et al. 2006, p. 35), waters measuring 55.2 to 61.5 degrees F three habitat types (vegetation, edge, patchily distributed and in low (12.9 to 16.4 degrees C), and Stephenson and run habitat as defined by Richards densities in the mainstem Snake River and Clark (2004, p. 32) collected the et al. 2001, p. 379). Densities greater (Stephenson et al. 2004, pp. 11, 22, 24; species from the Malad River in water than 790 snails per square foot (5,800 Richards et al. 2006, p. 37), and measuring 57.2 to 59.0 degrees F (14 to snails per square meter) have been relatively abundant, though patchily 15 degrees C). documented at the outlet of Banbury distributed in spring habitats Richards et al. (2006, pp. 39–51) Springs (Morgan Lake outlet) (Richards (Stephenson and Bean 2003, pp. 12, 18; analyzed the physio-chemical data from et al. 2006, p. 99). Richards 2004, pp. 59–69; Richards et all IPC collections in river, spring, and In an effort to account for the high al. 2006, p. 37). spring-influenced sites and determined variability in snail densities and their The Bliss Rapids snail is known to the probability of encountering Bliss patchy distribution, researchers have occur on stable, cobble substrates in Rapids snails for various parameters. used predictive models to give more unimpounded sections of the mainstem The best predictors of Bliss Rapids snail accurate estimates of population size in Snake River (Richards et al. 2006, pp. presence (i.e., having statistically a given area (Richards 2004, p. 58). In 35, 41), on cobble-boulder substrates in significant regression values based on the most robust study to date, predictive the Malad River (Stephenson and Clark large samples), in order of significance, models estimated between 200,000 and 2004, p. 33), and on various substrates were dominant substrate, conductivity 240,000 Bliss Rapids snails in a study (a measure of total dissolved solids), area measuring 58.1 square feet (625 in several spring complexes depth, dissolved oxygen, and square meters) in Banbury Springs, the (Stephenson and Myers 2003, p. 5). The temperature (Richards et al. 2006, p. largest known colony (Richards 2004, p. species is generally not found in, or on, 41). 59). Due to data limitations, this model very fine (silt) sediments (Hershler et al. In summary, based on available has not been used to extrapolate 1994, p. 237; Richards et al. 2006, p. 23), information, the Bliss Rapids snail population estimates to other spring but has been documented infrequently occurs in riverine and spring or spring- complexes, tributary streams, or on sand and gravel (Stephenson and influenced habitats but is not known to mainstem Snake River colonies. Myers 2003, p. 5), aquatic vegetation occur in reservoir habitats. It is known However, with few exceptions (i.e., (Lysne 2006), and coarse woody debris from the Snake River (22 miles), the Thousand Springs and Box Canyon), (Hopper 2006a, Lysne 2006). A notable Malad River (1 mile), Cove Creek (0.4 Bliss Rapids snail colonies are much exception to this characterization of mile), and in 14 springs. In the Snake smaller in areal extent than the colony habitat use is the presence of Bliss River the species is predominately at Banbury Springs, occupying only a Rapids snails on fine sediments (silt/ associated with cobble-boulder few square feet. gravel) at the upper pool in Cove Creek substrates; substrate use in spring (Stephenson and Myers 2003, p. 5), a complexes is more variable. The species Previous Federal Actions cold water spring creek tributary to the is generally not found in, or on, very The Service listed the Bliss Rapids Malad River. Overall, the cobble- fine sediments. It has been collected at snail as threatened on December 14, boulder substrate is considered to be the various water depths in springs ranging 1992 (57 FR 59244). At that time it was dominant habitat type where the Bliss from 0.3 to 3 feet (0.1–0.9 m), and in an undescribed monotypic genus in the Rapids snail is found (Richards et al. spring-fed tributary habitats ranging family Hydrobiidae. Subsequent 2006, p. 51). 0.07 to 3.35 feet (0.02–1.02 m). This research in 1994 formalized its Field studies and observations have species has also been documented to taxonomic status and its scientific demonstrated that the species uses the occur at depths up to 20 feet (6.1 m) in name—Taylorconcha serpenticola sides and bottoms of cobbles the mainstem Snake River. Most Bliss (Hershler et al. 1994). preferentially to the exclusion of cobble Rapids snails are found in less than 3 Based on the best available data at the tops (Richards 2004, pp. 32–34). The feet (0.9 m) of water, but this may be an time of listing, we determined that the Bliss Rapids snail is found at various artifact of sampling effort rather than Bliss Rapids snail was threatened by: water depths in springs ranging from 0.3 true habitat selection. The species has proposed construction of new to 3 feet (0.1–1 meters (m)), and in been observed in water temperatures hydropower dams, the operation of spring-fed tributary habitats ranging ranging from 44.6 to 69.8 degrees F (7 existing hydropower dams, degraded from 0.07 to 3.35 feet (0.02–1.02 m) to 21 degrees C), but is generally found water quality, water diversions, the (Stephenson and Myers 2003, pp. 23– in water temperatures between 59 and introduced New Zealand mudsnail 35; Stephenson and Clark 2004, p. 32). 60.8 degrees F (15 and 16 degrees C). (Potamopyrgus antipodarum), and the This species has also been documented lack of existing regulatory protections to occur at depths up to 20 feet (6.1 m) Densities and Relative Abundance (57 FR 59244). In 1995, we published in the mainstem Snake River (Richards It is difficult to estimate the density the Snake River Aquatic Species et al. 2006, p. 52). Most Bliss Rapids and relative abundance of Bliss Rapids Recovery Plan (Plan), which included snails are found in less than 3 feet (0.9 snail colonies. The species is the Bliss Rapids snail (USFWS 1995). m) of water (Richards et al. 2006, p. 43) documented to reach high densities in Critical habitat has not been designated but this could be due to sampling effort. cold-water springs and tributaries in the for this species.

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On July 27, 2004, we initiated a 5-year overutilization for commercial, mainstem populations or colonies of status review for the species in recreation, scientific, or educational [the Bliss Rapids snail]’’ (57 FR 59251). accordance with section 4(c)(2) of the purposes; (C) disease or predation; (D) Proposed hydroelectric projects Act (69 FR 44676). On December 26, the inadequacy of existing regulatory discussed in the 1992 final listing rule 2006, the Service received a petition mechanisms; or (E) other natural or are no longer moving forward. The A.J. from the Governor of Idaho and IPC manmade factors affecting its continued Wiley project and Dike Hydro Partners requesting that the Bliss Rapids snail be existence. We must consider these same preliminary permits have lapsed; the removed from the List. On June 6, 2007, five factors in delisting a species. We Kanaka Rapids, Empire Rapids, and the Service published a Federal Register may delist a species according to 50 Boulder Rapids permits were denied by notice announcing that the petition CFR 424.11(d) if the best available the Federal Energy Regulatory presented substantial scientific scientific and commercial data indicate Commission (FERC) in 1995; there was information indicating that removing that the species is neither endangered a notice of surrender of the preliminary the Bliss Rapids snail from the List may nor threatened for the following reasons: permit for the River Side Project in be warranted, and the initiation of a 12- (1) The species is extinct; (2) the species 2002; and two other proposed projects, month status review of the species to be has recovered and is no longer the Eagle Rock and Star Falls conducted concurrent with our 5-year endangered or threatened; or (3) the Hydroelectric Projects, were denied status review (72 FR 31250). A 30-day original scientific data used at the time preliminary permits by the FERC. In peer review was completed in January the species was classified were in error. 2003, a notice was provided of 2008, on the draft status review A species is ‘‘endangered’’ for surrender of the preliminary permit for document of the best available purposes of the Act if it is in danger of the Auger Falls Project. Information information and scientific literature extinction throughout all or ‘‘a provided by the State of Idaho indicates (USFWS 2008a). significant portion of its range’’ and is that all proposals and preliminary As part of the 12-month status review, ‘‘threatened’’ if it is likely to become permits for the construction of new we used a structured decision analysis endangered within the foreseeable dams along the mid-Snake River have process (USFWS 2008b) to assist us in future throughout all or a significant either lapsed or been denied by the making our 12-month finding. A portion of its range. The word ‘‘range’’ FERC (Caswell 2006). component of the structured decision in the significant portion of its range Operation of Existing Hydropower Dams analysis was the formation of an expert (SPR) phrase refers to the range in scientific review panel that provided us which the species currently exists. The In the December 14, 1992, final listing rule we stated: ‘‘Peak-loading, the with information regarding the current word ‘‘significant’’ in the SPR phrase practice of artificially raising and status of the species and primary refers to the value of that portion to the lowering river levels to meet short-term threats. The Service reopened the public conservation of the species. For the electrical needs by local run-of-the-river comment period on its 90-day finding purposes of this analysis, we will hydroelectric projects also threatens [the from August 12 to August 27, 2008 (73 evaluate whether the currently listed Bliss Rapids snail]. Peak-loading is a FR 46867), to allow the public to access species, the Bliss Rapids snail, should frequent and sporadic practice that and provide comments on the scientific be considered threatened or endangered. results in dewatering mollusk habitats review panel’s results and other Then we will consider whether there are in shallow, littoral shoreline areas documents. No additional comments any portions of the species’ range in were received. * * * these diurnal water fluctuations which it is in danger of extinction or [prevent the Bliss Rapids snail] from Summary of Factors Affecting the likely to become endangered within the occupying the most favorable habitats’’ Species foreseeable future. (57 FR 59252). The Bliss Rapids snail Section 4 of the Act (16 U.S.C. 1533 Factor A. The Present or Threatened occurs in riverine and spring or spring- et seq.) and implementing regulations Destruction, Modification, or influenced habitats but is not known to (50 CFR part 424) set forth procedures Curtailment of the Species’ Habitat or occur in reservoir habitats. Peak loading for adding species to, removing species Range operations within the range of river from, or reclassifying species on the colonies of the Bliss Rapids snail occur Federal List of Endangered and Construction of New Hydropower Dams below the Bliss Dam (RM 560) and the Threatened Wildlife. Section 4(b)(3)(A) In our 1992 final rule listing the Bliss Lower Salmon Falls Dam (RM 573) of the Act requires that for any petition Rapids snail as a threatened species, we (USFWS 2004, pp. 19, 20). For example, containing substantial scientific and stated: ‘‘Six proposed hydroelectric at the Bliss Dam (Stephenson and Bean commercial information that listing, projects, including two high dam 2003, p. 30) the Snake River can delisting, or reclassification may be facilities, would alter free flowing river experience daily fluctuation of water warranted, we make a finding within 12 reaches within the existing range of [the levels from hydropower generating months of receiving the petition, on Bliss Rapids snail]. Dam construction activities (peak loading) up to 7 feet (2.1 whether the petitioned action is: (a) Not threatens the [Bliss Rapids snail] m). It appears that Bliss Rapids snails warranted; (b) warranted; or (c) through direct habitat modification and are found primarily in areas less than 3 warranted, but that immediate proposal moderates the Snake River’s ability to feet (0.9 m) deep, although this may be of a regulation implementing the assimilate point and non-point an artifact of more intensive sampling at petitioned action is precluded by other pollution. Further hydroelectric shallow depths (Richards et al. 2006, pending proposals to determine whether development along the Snake River pp. 43, 52–56). Nevertheless, our other species are threatened or would inundate existing mollusk current understanding based on the best endangered. habitats through impoundment, reduce available information, is that a majority Under section 4 of the Act, a species critical shallow, littoral shoreline of Bliss Rapids snails in the Snake River may be determined to be endangered or habitats in tailwater areas due to occupy shallow water. Furthermore, threatened on the basis of any of the operating water fluctuations, elevate Bliss Rapids snails in these shallow- following five factors: (A) The present or water temperatures, reduce dissolved water areas are susceptible to the effects threatened destruction, modification, or oxygen levels in impounded sediments, from peak loading operations, including curtailment of its habitat or range; (B) and further fragment remaining desiccation and freezing when water

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levels drop and expose snails to Hypereutrophy (planktonic algal metabolic wastes of the fish and atmospheric conditions. blooms and nuisance rooted aquatic unconsumed fish food, disinfectants, Laboratory studies have shown that plant growths), prior to listing in 1992, bacteria, and residual quantities of peak-loading during winter months, a was very severe during drought cycles drugs used to control disease outbreaks. time when the species is reproducing, is when deposition of sediments and Furthermore, elevated levels of fine likely to result in mortality of individual organic matter blanketed river substrate sediments, nitrogen, and trace elements Bliss Rapids snails. Air temperatures often resulting in unsuitable habitat (including cadmium, chromium, within the range of Bliss Rapids snails conditions for Bliss Rapids snails. copper, lead, and zinc), have been in Idaho regularly fall below 32 degrees Although some nutrient and sediment measured immediately downstream of F (0 degrees C) between November and reduction has been documented in the several aquaculture discharges (Hinson March (Richards 2006a, p. 28). In a Snake River since listing (Richards et al. 2003, pp. 44–45). Additionally, laboratory study conducted by Richards 2006, p. 5), there are still large inflows concentrations of lead, cadmium, and (2006a, p. 12), half of the Bliss Rapids of agriculture and aquaculture runoff arsenic have been previously detected snails subjected to a temperature of 19 entering the river at Twin Falls to Lower in snails collected during a research degrees F (minus 7 degrees C) died in Salmon Falls dam (RM 573). As a result, study in the Snake River (Richards less than an hour. In a field study, nutrient and sediment concentrations 2002). The effects of these elevated Richards (unpublished data, cited in can be relatively high in this portion of levels of nutrients and trace elements on Richards et al. 2006, pp. 125–126) found the river, especially during lower Bliss Rapids snails, both individually that Bliss Rapids snails could survive summer flows (Richards et al. 2006, p. and synergistically, are not fully for many hours to several days in moist 91). understood. However, studies have conditions (i.e., undersides of cobbles) Phosphorus concentrations, the key shown another native Snake River snail, and when air temperatures were above nutrient leading to hypereutrophic the Jackson Lake springsnail freezing (32 degrees F (0 degrees C)) conditions in the middle Snake River, (Pyrgulopsis robusta), to be relatively exceeded Environmental Protection (Richards et al. 2006, p. 125). Although sensitive to copper (a common Agency (USEPA) guidelines for the the mortality rate outside of these component in algaecides) and control of nuisance algae at numerous conditions has not been documented in pentachlorophenol, a restricted use locations along the Snake River from field studies or after an actual peak pesticide/wood preservative (Ingersoll 1989 to 2002, including areas loading event, work by other 2006), and Bliss Rapids snails are immediately upstream of Bliss Rapids researchers, utilizing laboratory- known to be highly sensitive to copper, snail colonies (Hardy et al. 2005, p. 13). controlled aquaria, found Bliss Rapids ammonia, and pentachlorophenol Several water quality assessments have (Besser et al. 2008). snail mortality to be up to 100 percent been completed by the USEPA, USBR, under conditions characteristic (winter and IPC, and all generally agree that Water Diversions and Ground Water low and summer high temperatures) of water quality in the Snake River of Withdrawals some hydropower operations in the southern Idaho meets Idaho water Threats to cold water spring- middle Snake River (Richards and quality standards for aquatic life for influenced habitats from ground water Kerans 2007, p. 4). Based on the above some months of the year, but may not withdrawal and diversions for irrigation information, peak loading likely affects meet these standards when and aquaculture are not as they were individual Bliss Rapids snails through temperatures are high and flows are low perceived when the Bliss Rapids snail desiccation and freezing but the effects (Meitl 2002, p. 33). Idaho Department of was listed in 1992. At the time the of peak loading on the survival of Bliss Environmental Quality’s (IDEQ) 2005 species was listed in 1992, the threat Rapids snail colonies in riverine performance and progress report to the from ground water withdrawal was habitats is unknown at this time. USEPA states that projects are meeting identified only at Box Canyon, and the Degraded Water Quality the Idaho non-point source pollution scope of this threat was underestimated. program goals (IDEQ 2006, 115 pp.). Based on the best available data, we In the 1992 final listing rule we Others report that water quality has not now know that this threat is likely to stated: ‘‘The quality of water in [snail] improved appreciably between 1989 affect the Bliss Rapids snail throughout habitats has a direct effect on the and 2002 (Hardy et al. 2005, pp. 19–21, its range. In concert with the historical species survival. The [Bliss Rapids 49, 51). losses of habitat to surface diversions of snail] require[s] cold, well-oxygenated Several reaches of the Snake River are spring water for irrigation and unpolluted water for survival. Any classified as water-quality-impaired due aquaculture, the continuing decline of factor that leads to deterioration in to the presence of one or more the groundwater aquifer is one of the water quality would likely extirpate [the pollutants (e.g., Total Phosphorus (TP), primary threats to the long-term Bliss Rapids snail]’’ (57 FR 59252). New sediments (TSS), total coliforms) in viability of the Bliss Rapids snail. information has become available excess of State or Federal guidelines. Average annual spring flows indicating some improvements to Snake Nutrient-enriched waters primarily increased from about 4,400 cubic feet River water quality. Significant nutrient enter the Snake River via springs, per second (cfs) in 1910, to and sediment reduction has occurred in tributaries, fish farm effluents, approximately 6,500 cfs in the early the Snake River following municipal waste treatment facilities, 1960s, because widespread flood implementation of the Idaho Nutrient and irrigation returns (USEPA 2002, pp. irrigation caused artificial recharge of Management Act and regulated Total 4–18 to 4–24). Irrigation water returned the aquifer (Richards et al. 2006, pp. 84, Maximum Daily Load (TMDL) to rivers is generally warmer, contains 87). As a result of more efficient reductions from the mid-1990s to the pesticides or pesticide byproducts, has irrigation practices from 1960 to the present (Richards et al. 2006, pp. 5–6, been enriched with nutrients from fish present (i.e., switching from flood 86). The Mid-Snake River reach also farms and land-based agriculture (e.g., irrigation or direct surface diversion to receives a large infusion of clean, cold- nitrogen and phosphorous), and more efficient center-pivot irrigation water spring flows and supports the frequently contains elevated sediment systems utilizing ground water), more highest densities and occurrence of loads. Pollutants in fish farm effluent water was pumped from the aquifer Bliss Rapids snails. include nutrients derived from while water percolation into the aquifer

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declined, resulting in declines (from the (RM 560) and the Lower Salmon Falls parasites in Bliss Rapids snail has not high values of the 1960s) in average Dam (RM 573)). Individual snails may been studied (Dybdahl et al. 2005, p. 8). annual spring flows to about 5,000 cfs be affected by desiccation and freezing Predators of the Bliss Rapids snail (Richards et al. 2006, pp. 84, 87). when water levels drop and expose have not been documented, but we Although the current spring flow levels snails to atmospheric conditions, but assume that some predation by native are total about 15 percent higher than the effects on these colonies are and nonnative species occurs. Predation average spring flows measured in 1910, unknown. Water quality appears to have on aquatic snails by crayfish and fish is they are declining. We anticipate spring improved in the Snake River, but new well documented (Lodge et al. 1994, p. flows will likely continue to decline in research has indicated that the species 1265; Martin et al. 1992, p. 476; Merrick the near future, even as water- is sensitive to the toxic effects of some et al. 1992, p. 225; Lodge et al. 1998, p. conservation measures are implemented aquatic contaminants such as copper, 53). and are being developed as water which is known to be used in Based on the best available scientific demands in the vicinity continue to aquaculture and discharged from and commercial information, disease or increase (USFWS 2008b). facilities into the Snake River. Springs predation is not currently threatening The State of Idaho has taken steps to or spring-influenced habitats are the viability of the Bliss Rapids snail improve ground water recharge and vulnerable from the effects of ongoing and is not expected to threaten its limit new ground water development and anticipated future ground water viability in the foreseeable future. within the eastern Snake River plain; depletion and degraded ground water Factor D. Inadequacy of Existing however, the Snake River Plain aquifer quality. Spring flows at several Regulatory Mechanisms level continues to decline (USFWS occupied spring sites have been 2008b). Effects from the over-allocation declining due to continued ground In the 1992 final listing rule, we of ground water and the subsequent water withdrawal from the Eastern found inadequate regulatory declining ground water levels appear to Snake River Plain Aquifer. If spring mechanisms to be a threat because: (1) be more of a threat than previously colonies are lost, it is unlikely that areas Regulations were inadequate to curb thought. Evidence indicates that springs would be recolonized and a loss of further water withdrawal from ground from the Eastern Snake River Aquifer occupied springs may reduce genetic water spring outflows or tributary spring where the Bliss Rapids snail resides diversity and eliminate rare alleles. streams; (2) it was unlikely that depend on ground water levels and that Spring colonies are also important as pollution control regulations would the ground water levels are declining they may provide refugia from reverse the trend in nutrient loading in (USFWS 2008b) even with ongoing competition with New Zealand the near future; (3) there was a lack of measures attempting to address the mudsnails (see Factor E, below). State-mandated protections for decline (Caswell 2007). Spring sites are Therefore, destruction, modification, or invertebrate species in Idaho; and (4) important since Bliss Rapids snail curtailment of the Bliss Rapids snail’s regulations did not require FERC or the colonies that occur in springs have been habitat or range is an ongoing primary U.S. Army Corps of Engineers to address shown to be a source of genetic diversity threat to the Bliss Rapids snail that is Service concerns regarding licensing to riverine colonies and to contain four likely to contribute to the species hydroelectric projects or permitting times as many private (i.e., unique) becoming endangered in the foreseeable projects under the Clean Water Act alleles (n=16) compared to riverine future. (CWA) for unlisted snails. Below, we populations (Liu and Hershler 2009, p. address each of these concerns in turn. Factor B. Overutilization for 1296). Colonies in springs or at their Ground Water Withdrawal Regulations outflows are also the most dense, may Commercial, Recreational, Scientific, or account for most of the reproductive Educational Purposes The Idaho Department of Water output of the species, and likely act as Based on the best available scientific Resources (IDWR) manages water in the refugia from competition with invasive and commercial information, we believe State of Idaho. Among the IDWR’s New Zealand mudsnails (see Factor E, that overutilization for commercial, responsibilities is the development of below). Finally, if spring colonies are recreational, scientific or educational the State Water Plan (IDWR 2006a). The lost, particularly those at the upstream purposes is not currently placing the State Water Plan was updated in 1996 end of the species’ distribution, the Bliss Rapids snail in danger of and included a table of Federally probability of recolonization is likely to extinction, and is not likely to result in threatened and endangered species in be extremely small (USFWS 2008b). the endangerment or extinction of the Idaho, such as the Bliss Rapids snail. Summary of Factor A: Our species in the foreseeable future. There The State Water Plan outlines objectives understanding of the threats to the Bliss is no known commercial or recreational for the conservation, development, Rapids snail has changed since we use of the species and collections for management, and optimum use of all listed the species in 1992. Some threats scientific or educational purposes are unappropriated waters in the State. One are now known to be removed (i.e., new likely limited in scope and extent. of these objectives is to ‘‘maintain, and hydropower dam construction) while While collection could result in where possible enhance water quality other threats have emerged (i.e., mortality of individuals within a small and water-related habitats’’ (IDWR depletion of groundwater that supports area, it is unlikely to have a population 2006a). It is the intent of the State Water the spring colonies). All proposals for level effect because only a few Plan that any water savings realized by the construction of new hydropower individuals and institutions are conservation or improved efficiencies is dams have either expired or been interested in collecting a small number appropriated to other beneficial uses withdrawn. The Bliss Rapids snail of individuals of the species. (e.g., agriculture, hydropower, or fish occurs in riverine and spring or spring- and wildlife). influenced habitats, but is not known to Factor C. Disease or Predation Another IDWR regulatory mechanism occur in reservoir habitats. Some Parasitic trematodes similar to those is the ability of the Idaho Water colonies of Bliss Rapids snails are of the genus Microphallus have been Resource Board to designate ‘‘in-stream known to occur in shallow-water areas identified in some freshwater snails in flows’’ (IDWR 2006b). The IDWR that are susceptible to peak loading Idaho (e.g., Pyrgulopsis robusta); currently has 89 licensed water rights operations (i.e., below the Bliss Dam however, the occurrence of trematode for minimum in-stream flows in Idaho

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(IDWR 2006b). Of these, 11 potentially affect the upper reaches of the aquifer, of impaired water bodies. States must have conservation benefits for Bliss and the effects of groundwater pumping submit to EPA a 303(d) list (water- Rapids snails (i.e., provide for minimum can continue for decades after pumping quality-limited waters) and a 305(b) in-stream flows near tributary spring ceases (University of Idaho 2007). report (status of the State’s waters) every outflows that provide habitat for Bliss Thus, we anticipate groundwater 2 years. IDEQ, under authority of the Rapids snails). However, individuals levels will likely continue to decline in State Nutrient Management Act, is that hold water rights with earlier the near future, even as water- coordinating efforts to identify and priority dates have the right to fill their conservation measures are quantify contributing sources of needs before the minimum stream flow implemented, and are being developed. pollutants (including nutrient and is considered. If there is not enough Furthermore, species associated with sediment loading) to the Snake River water available to satisfy all of the water these springs that are dependent upon basin via the Total Maximum Daily rights, then the senior water rights are the presence of water, such as the Bliss Load (TMDL) approach. In water bodies satisfied first, and so on in order, until Rapids snail, will likely experience that are currently not meeting water- there is no water left. It is the junior local extinctions without the quality standards, the TMDL approach water right holders that do not get water opportunity for recolonization (USFWS applies pollution-control strategies when there is not enough to satisfy all 2008b). Loss of a colony from any through several of the following the water rights. Senior diversions can individual habitat patch, without programs: State Agricultural Water legally dewater the stream in a drought subsequent recolonization, increases the Quality Program, Clean Water Act year or when low flows occur, leaving extinction risk for the species as a section 401 Certification, BLM Resource no water for the minimum stream flow whole, a phenomenon dubbed the Management plans, the State Water (IDWR 2009), therefore impacting ‘‘extinction ratchet’’ (Burkey and Reed Plan, and local ordinances. Several species such as the Bliss Rapids snail. 2006, p. 11). TMDLs have been approved by the The IDWR and other State agencies Pollution Control Regulations USEPA in stream segments within the have also created additional regulatory range of the Bliss Rapids snail in the mechanisms that limit future surface Since the 1992 final listing rule, Snake River or its tributaries (Buhidar and ground water development; they reductions in TSS and TP loading have 2006), although most apply only to TSS, include the continuation of various improved water quality in localized TP, or temperature. Therefore, these moratoria on new consumptive water reaches of the Snake River (Buhidar stream segments do not yet have water rights and the designation of Water 2005) (see Factor A above). Various quality attributes that are protective of Management Districts (Caswell 2007). State-managed water quality programs the Bliss Rapids snail until the TMDL The State is attempting to stabilize are being implemented within the range approach has sufficient time to bring the aquifer levels and enhance cold water of the Bliss Rapids snail. These stream segment water quality in line spring outflows from the Eastern Snake programs are tiered off the Clean Water with approved standards. River Plain by implementing water Act (CWA), which requires States to conservation measures to be proposed establish water-quality standards that State Invertebrate Species Regulations in the Comprehensive Aquifer provide for (1) the protection and There has been no change in State Management Plan (CAMP) for this area propagation of fish, shellfish, and regulations regarding invertebrate (Barker et al. 2007). The goal of the wildlife, and (2) recreation in and on the protections since the time of listing. CAMP is to ‘‘sustain the economic water. As required by the CWA, Idaho Take of Bliss Rapids snails is not viability and social and environmental has established water-quality standards regulated under Idaho State law. (e.g., for water temperature and health of the Eastern Snake Plain by Federal Consultation Regulations adaptively managing a balance between dissolved oxygen) for the protection of water use and supplies.’’ The CAMP cold-water biota (e.g., invertebrate In Idaho, the USEPA retains authority will include several alternatives in an species) in many reaches of the Snake for the issuance of permits through the attempt to increase water supply, reduce River. The CWA also specifies that NPDES, which is designed to manage withdrawals from the aquifer, and States must include an antidegradation point source discharges. There are decrease overall demand for policy in their water quality regulations presently more than 80 licensed groundwater (Barker et al. 2007). that protects water-body uses and high- aquaculture facilities on the Snake River In addition, the State of Idaho quality waters. Idaho’s antidegradation permitted by the USEPA (USEPA 2002, established moratoria in 1993 (the year policy, updated in the State’s 1993 pp. 4–19, 4–20). Updated draft permits after listing of the Bliss Rapids snail) triennial review, is detailed in their for aquaculture and fish processing that restricted further surface-water and Water Quality Standards (IDEQ 2009). facilities throughout Idaho have recently groundwater withdrawals for The IDEQ works closely with the been made available for public review consumptive uses from the Snake River USEPA to manage point and non-point (71 FR 35269). Draft permits have been Plain aquifer between American Falls sources of pollution to water bodies of issued for aquaculture facilities on Reservoir and C.J. Strike Reservoir. The the State through the National Pollutant Billingsley Creek, Riley Creek, Niagara 1993 moratoria were extended by Discharge Elimination System (NPDES) Springs, and Thousands Springs, all Executive Order in 2004 (Caswell 2006, program under the CWA. IDEQ has not within the known range of the Bliss attachment 1). However, these actions been granted authority by the USEPA to Rapids snail. Facilities that produce less have not yet resulted in stabilization of issue NPDES permits directly; all than 20,000 pounds (9,072 kilograms) of aquifer levels. Depletion of spring flows NPDES permits are issued by the fish annually are not required to obtain and declining groundwater levels are a USEPA Region 10 (USEPA 2009). These an NPDES permit (USEPA 2006, p. 3– collective effect of drought conditions, NPDES permits are written to meet all 1). These smaller facilities lie outside of changes in irrigation practices (the use applicable water-quality standards this regulatory nexus, and as such their of central-pivot sprinklers contribute established for a water body to protect discharges are not regulated or reported. little to groundwater recharge), and human health and aquatic life. Waters Since the species was listed in 1992, groundwater pumping (University of that do not meet water-quality standards Federal agencies, including the Army Idaho 2007). The effects of groundwater due to point and non-point sources of Corps of Engineers and the FERC, have pumping downstream in the aquifer can pollution are listed on EPA’s 303(d) list been required to comply with section 7

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of the Act on any projects or managed of the aquifer that feeds springs where 1992, p. 50; Richards et al. 2006, pp. 67– activities that may affect the Bliss the species occurs is a prominent threat. 68). Rapids snail. If the species is delisted, Depletion of cold water spring flows The physiological tolerances of the terms and conditions now required of and declining ground water levels are a New Zealand mudsnail, including these agencies and their applicants to collective result of drought conditions, temperature and water velocity reduce the effects of their actions on the changes in irrigation practices, and (Winterbourn 1969, pp. 457, 458; Lysne Bliss Rapids snail, such as placing ground water pumping. The effects of and Koetsier 2006b, p. 81); life history conservation measures into agency ground water pumping downstream in attributes such as high fecundity and permits, would not be required (e.g., see the aquifer can affect the upper reaches growth rates (Richards 2004, pp. 25–34); USFWS 2007). Currently, IPC and the of the aquifer, and the effects of ground and wide variety of habitat use such as Service are cooperating in a Settlement water pumping can continue for springs, rivers, reservoirs, and ditches Agreement (Agreement) approved by the decades after pumping ceases. Thus, we (Cada 2004, pp. 27, 28; USBR 2002, pp. FERC. This Agreement was designed to anticipate ground water levels will 3, 11; Hall et al. 2003, pp. 407, 408; assess potential effects of the IPC’s likely continue to decline even if water Clark et al. 2005, pp. 10, 32–35; operations in the Wiley and Dike conservation measures are implemented Richards 2004, pp. 47–67), may provide Reaches, and was approved as part of or are being developed. Some the New Zealand mudsnail a the biological opinion and license conservation benefits to the species are competitive advantage over Bliss Rapids issuance for the Lower Salmon Falls and being realized through section 7 snails outside of cold headwater Bliss Projects. These studies and their consultation with other Federal springs. analyses are scheduled to be completed agencies, but without the Act’s Summary of Factor E: Studies since in 2009. protection there are no regulatory the time of listing indicate that The BLM manages more than 260 assurances that these conservation competition for resources occurs million acres of land in the 11 western benefits would continue. Based on this between the New Zealand mudsnail and States, including land adjacent to the information, the inadequacy of existing the Bliss Rapids snail due to similar life Snake River in Idaho. The BLM manages regulatory mechanisms represents an history requirements. The New Zealand activities on Federal lands such as ongoing threat to the Bliss Rapids snail mudsnail has become established and outdoor recreation, livestock grazing, that is likely to contribute to the species widely distributed in the Snake River mining development, and energy becoming endangered in the foreseeable and its tributaries, however we do not production to conserve natural, future. know what this expansion has done to historical, cultural, and other resources the distribution and abundance of Bliss on the public lands (USBLM 2006). In Factor E. Other Natural or Manmade Rapids snails. The current information Idaho, the BLM has been consulting Factors Affecting the Species’ Continued is inconclusive as to whether the New with the Service pursuant to section 7 Existence Zealand mudsnail presently endangers of the Act on ongoing BLM actions that The final listing rule stated that New the Bliss Rapids snail, largely because may affect the Bliss Rapids snail. Zealand mudsnails (Potamopyrgus Bliss Rapids snails appear to have Through these consultation efforts, antipodarum) were not abundant in refugia from competition with New coordinated and cooperative cold water springflows with colonies of Zealand mudsnails in headwater conservation measures have been added Bliss Rapids snails, but that they did springs. However, the available to proposed actions (e.g., new or compete with the Bliss Rapids snail in evidence suggests that the New Zealand renewed grazing permits on public the mainstem Snake River (57 FR 59254; mudsnail may endanger the Bliss lands) to minimize impacts to the December 14, 1992). We have no direct Rapids snail in the foreseeable future species. Programmatic guidance and evidence that New Zealand mudsnails given projected declines in aquifer direction, documented through a have displaced colonies of Bliss Rapids levels, which will likely cause the conservation agreement between the snails, but New Zealand mudsnails have extirpation of Bliss Rapids snails from BLM and Service, has increased the been documented in dark mats at these refugia. densities of nearly 400 individuals per likelihood that conservation benefits Conclusion may be realized for new, re-authorized, square inch in free-flowing habitats and ongoing actions; however, without within the range of the Bliss Rapids In making a finding on whether or not the continued protections of the Act, snail (57 FR 59254). Richards et al. a species warrants listing under the Act there are no regulatory assurances that (2006, pp. 61, 64, 68) found that Bliss we must consider the legal definitions these conservation measures would Rapids snails may be competitively of ‘‘endangered’’ and ‘‘threatened.’’ A continue. excluded by New Zealand mudsnails in species is ‘‘endangered’’ for purposes of Summary of Factor D: While there are most habitats, and that Bliss Rapids the Act if it is in danger of extinction no specific State regulations protecting snail densities would likely be higher in throughout all or ‘‘a significant portion the Bliss Rapids snail, the primary the absence of New Zealand mudsnails. of its range’’ and is ‘‘threatened’’ if it is threats identified in the final listing rule Both species are mostly scraper-grazers likely to become endangered within the were related to the loss or alteration of on algae and have similar resource foreseeable future throughout all or a the species’ aquatic habitat. Regulatory requirements (Richards et al. 2006, pp. significant portion of its range mechanisms such as Idaho’s water 59, 66). Furthermore, New Zealand (emphasis added). The Act does not quality standards and TMDLs will mudsnails have become established in define the term ‘‘foreseeable future.’’ continue to apply to habitats occupied every cold water spring-fed creek or However, in a January 16, 2009 by the Bliss Rapids snail. Water quality tributary to the Hagerman Reach of the memorandum addressed to the Acting in some stretches of the Snake River has Snake River that has been surveyed Director of the U.S. Fish and Wildlife improved, primarily for phosphorus and (USFWS 2007). However, New Zealand Service, the Office of the Solicitor, TSS. New research indicates the species mudsnails do not appear able to Department of the Interior, concluded, is sensitive to some aquatic colonize headwater spring habitats, ‘‘* * * as used in the [Act], Congress contaminants such as copper, ammonia, which may provide Bliss Rapids snails intended the term ‘foreseeable future’ to and pentachlorophenol. Ground water refugia from competition with New describe the extent to which the withdrawal and the subsequent decline Zealand mudsnails (Frest and Johannes Secretary can reasonably rely on

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predictions about the future in making uncertainty regarding the ability of whether there is substantial information determinations about the future riverine populations to persist in the indicating that (1) the portions may be conservation status of the species.’’ In face of ongoing competition with New significant and (2) the species may be in considering the foreseeable future as it Zealand mudsnails. These uncertainties danger of extinction there or likely to relates to the status of the Bliss Rapids are exacerbated by existing hydropower become so within the foreseeable future. snail, we considered the (1) biological operations that result in unknown levels In practice, a key part of this analysis is and demographic characteristics of the of mortality to Bliss Rapids snails in the whether the threats are geographically species (such as habitat requirements riverine environment, and the relatively concentrated in some way. If the threats (water depth, substrate, and low densities of Bliss Rapids snails in to the species are essentially uniform temperature), spring vs. riverine riverine habitats. Because of these throughout its range, no portion is likely colonies, and dispersal and significant uncertainties, if spring to warrant further consideration. If any recolonization ability), (2) our ability to populations were lost due to concentration of threats applies only to predict or extrapolate the effects of groundwater depletion and/or changes portions of the range that are threats facing the species into the future, to water quality in the springs, we unimportant to the conservation of the and the (3) the relative permanency or would have little confidence that the species, such portions will not warrant irreversibility of these threats. Bliss Rapids snail could persist in the further consideration. The Bliss Rapids snail is a species riverine environment alone. If we identify any portions that endemic to Idaho and occurs primarily Therefore, we have determined that warrant further consideration, we then in cold water spring tributaries and the the Bliss Rapids snail is not now in determine whether in fact the species is ground water influenced areas within danger of extinction, but is likely to threatened or endangered in any the Snake River. Studies conducted become endangered in the foreseeable significant portion of its range. since the species was listed in 1992 future based on the expected persistence Depending on the biology of the species, indicate that the species’ overall of threats from reduced ground water its range, and the threats it faces, it may geographic range has not substantially levels, water quality and pollution be more efficient in some cases for the changed since it was first described by concerns, and competition from Service to address the significance Hershler et al. (1994), but the species nonnative species. question first, and, in others, the status has been detected in more riverine, cold question first. Thus, if the Service Significant Portion of the Range water springs, and spring tributary determines that a portion of the range is Analysis locations within its historical range. The not significant, the Service need not Bliss Rapids snail has specific and Having determined that the Bliss determine whether the species is rather narrow habitat requirements in Rapids snail is likely to become threatened or endangered there; the form of suitable substrate and water endangered within the foreseeable conversely, if the Service determines temperature. future throughout all or a significant that the species is not threatened or As discussed in the Summary of portion of its range, we must next endangered in a portion of its range, the Factors section, we believe, based on the consider whether there are any Service need not determine if that best available data, that it is reasonable significant portions of its range that are portion is significant. to expect the primary threats (i.e., currently in danger of extinction. The If the Service determines that both a reduced ground water levels, water Act defines an endangered species as portion of the range of a species is quality and pollution concerns, and one ‘‘in danger of extinction throughout significant and the species is threatened competition from nonnative species) to all or a significant portion of its range,’’ or endangered there, the Service will Bliss Rapids snails will continue to and a threatened species as one ‘‘likely specify that portion of the range where occur throughout the range of the to become an endangered species within the species is in danger of extinction species and to affect all colonies into the the foreseeable future throughout all or pursuant to section 4(c)(1) of the Act. future. Ground water levels are expected a significant portion of its range.’’ The The terms ‘‘resiliency,’’ to continue to decline, resulting in term ‘‘significant portion of its range’’ is ‘‘redundancy,’’ and ‘‘representation’’ are increased risks to spring and spring- not defined by statute. For purposes of intended to be indicators of the influenced colonies beginning at the this finding, a portion of a species’ range conservation value of portions of the upstream end of the species’ range. is significant if it is part of the current species’ range. Resiliency allows the Recent data show that spring colonies of range of the species and is important to species to recover from periodic Bliss Rapids snail contain rare alleles, the conservation of the species because disturbance. A species will likely be and loss of such colonies are likely to it contributes meaningfully to the more resilient if large populations exist reduce genetic diversity, which in turn representation, resiliency, or in high-quality habitat that is reduces the species’ ability to respond redundancy of the species. The distributed throughout the range of the to changes in environmental conditions. contribution must be at a level such that species in such a way as to capture the If current ground water trends its loss would result in a decrease in the environmental variability within the continue—and we have a reasonable ability to conserve the species. range of the species. It is likely that the expectation that they will based on the The first step in determining whether larger size of a population will help best available data—we expect some a species is threatened or endangered in contribute to the viability of the species. colonies to become extirpated as sites a significant portion of its range is to Thus, a portion of the range of a species become unsuitable for Bliss Rapids identify any portions of the range that may make a meaningful contribution to snails due to reduced flows and warrant further consideration. The range the resiliency of the species if the area degraded water quality. Loss of spring of a species can theoretically be divided is relatively large and contains colonies is also likely to result in the into portions in an infinite number of particularly high-quality habitat or if its loss of potentially important refugia ways. However, there is no purpose to location or characteristics make it less from competition with the New Zealand analyzing portions of the range that are susceptible to certain threats than other mudsnail. Without the cold water spring not reasonably likely to be significant portions of the range. When evaluating refugia that provide stable and threatened or endangered. To whether or how a portion of the range environmental conditions (relative to identify only those portions that warrant contributes to resiliency of the species, riverine habitats), there is significant further consideration, we determine it may help to evaluate the historical

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value of the portion and how frequently Author Federal eRulemaking Portal http:// the portion is used by the species. In The primary authors of this document www.regulations.gov. addition, the portion may contribute to are the Idaho Fish and Wildlife Office Fax: 206–526–6736, Attn: Jamie Goen. resiliency for other reasons—for (see ADDRESSES). Mail: Barry Thom, Acting instance, it may contain an important Administrator, Northwest Region, concentration of certain types of habitat Authority NMFS, 7600 Sand Point Way NE, that are necessary for the species to The authority for this action is the Seattle, WA 98115–0070, Attn: Jamie carry out its life history functions, such Endangered Species Act of 1973, as Goen. as breeding, feeding, migration, amended (16 U.S.C. 1531 et seq.). Instructions: All comments received dispersal, or wintering. are a part of the public record and will Redundancy of populations may be Dated: August 26, 2009. generally be posted to http:// needed to provide a margin of safety for Daniel M. Ashe, www.regulations.gov without change. the species to withstand catastrophic Acting Director, Fish and Wildlife Service. All Personal Identifying Information (for events. This does not mean that any [FR Doc. E9–21949 Filed 9–15–09; 8:45 am] example, name, address, etc.) portion that provides redundancy is a BILLING CODE 4310–55–P voluntarily submitted by the commenter significant portion of the range of a may be publicly accessible. Do not species. The idea is to conserve enough submit Confidential Business areas of the range such that random DEPARTMENT OF COMMERCE Information or otherwise sensitive or perturbations in the system act on only protected information. a few populations. Therefore, each area National Oceanic and Atmospheric NMFS will accept anonymous must be examined based on whether Administration comments (enter N/A in the required that area provides an increment of fields if you wish to remain redundancy that is important to the 50 CFR Part 660 anonymous). Attachments to electronic conservation of the species. [Docket No. 0907281183–91184–01] comments will be accepted in Microsoft Adequate representation insures that Word, Excel, WordPerfect, or Adobe the species’ adaptive capabilities are RIN 0648–AX98 PDF file formats only. Written conserved. Specifically, the portion comments regarding the burden-hour Fisheries off West Coast States; should be evaluated to see how it estimates or other aspects of the Pacific Coast Groundfish Fishery; Data contributes to the genetic diversity of collection-of-information requirements Collection for the Trawl Rationalization the species. The loss of genetic diversity contained in this proposed rule may be Program may substantially reduce the ability of submitted to NMFS, Northwest Region the species to respond and adapt to AGENCY: National Marine Fisheries and by e-mail to future environmental changes. A Service (NMFS), National Oceanic and [email protected] or fax to peripheral population may contribute Atmospheric Administration (NOAA), (202) 395–7285. meaningfully to representation if there Commerce. FOR FURTHER INFORMATION CONTACT: is evidence that it provides genetic ACTION: Proposed rule; request for Jamie Goen, phone: 206–526–4656, fax: diversity due to its location on the comments. 206–526–6736, and e-mail margin of the species’ habitat [email protected]. requirements. SUMMARY: NMFS proposes to collect Based upon factors that contribute to data to support implementation of a SUPPLEMENTARY INFORMATION: our analysis of whether a species or future trawl rationalization program Electronic Access subspecies is in danger of extinction under the Pacific Coast Groundfish throughout all or a significant portion of Fishery Management Plan (FMP). NMFS This proposed rule is accessible via its range, and in consideration of the proposes to collect ownership the Internet at the Office of the Federal status of, and threats to, the Bliss Rapids information from all potential Register’s Web site at http:// snail discussed previously, we find that participants in the trawl rationalization www.gpoaccess.gov/fr/index.html. the primary threats to the continued program. In addition, NMFS is notifying Background information and documents existence of the Bliss Rapids snail occur potential participants that the agency are available at the Pacific Fishery throughout all of its range. Therefore, it intends to use the Pacific States Marine Management Council’s website at http:// is not necessary to conduct further Fisheries Commission’s Pacific www.pcouncil.org/. analysis with respect to the significance Fisheries Information Network (PacFIN) Background of any portion of its range. database and NMFS’ Northwest Since 2003, the Pacific Fishery Finding Fisheries Science Center’s Pacific Management Council (Council) has been whiting observer data from NORPAC (a On the basis of the best available developing a trawl rationalization database of North Pacific fisheries and program, which would affect the limited scientific and commercial information, Pacific whiting information) to as discussed above, we find that the entry trawl fishery of the Pacific Coast determine initial allocation of quota groundfish fishery. The trawl Bliss Rapids snail is likely to become share (QS) for the trawl rationalization endangered within the foreseeable rationalization program is intended to program, if it is approved and increase net economic benefits, create future (i.e., it is threatened, as defined implemented. by the Act). Therefore, removing the individual economic stability, provide Bliss Rapids snail from the List is not DATES: Comments on this proposed rule full utilization of the trawl sector warranted. must be received no later than 5 p.m., allocation, consider environmental local time on October 16, 2009. impacts, and achieve individual References Cited ADDRESSES: You may submit comments, accountability of catch and bycatch. A complete list of all references cited identified by RIN 0648–AX98 by any The Council has developed the trawl herein is available upon request from one of the following methods: rationalization program through two the Idaho Fish and Wildlife Office (see Electronic Submissions: Submit all amendments to the Groundfish FMP: (1) ADDRESSES). electronic public comments via the Amendment 20, the trawl

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