46218 Federal Register / Vol. 76, No. 148 / Tuesday, August 2, 2011 / Proposed Rules

Information on Service for Individuals panel at the top of the screen, under the (c) Disease or predation; With Disabilities Document Type heading, check the box (d) The inadequacy of existing For information on facilities or next to Proposed Rules to locate this regulatory mechanisms; or services for individuals with disabilities document. You may submit a comment (e) Other natural or manmade factors or to request special assistance at the by clicking on ‘‘Submit a Comment.’’ affecting its continued existence and (2) By hard copy: Submit by U.S. mail public meetings, contact Mr. Rogers threats to the species or its habitat. or hand-delivery to: Public Comments Henderson at the telephone number or (3) Information about any ongoing Processing, Attn: FWS–R2–ES–2011– e-mail address indicated under the FOR conservation measures for, or threats to, 0042; Division of Policy and Directives FURTHER INFORMATION CONTACT section of the Chupadera springsnail and its Management; U.S. Fish and Wildlife this notice. habitat. We are particularly interested in Service; 4401 N. Fairfax Drive, MS receiving any information related to the Dated: July 27, 2011. 2042–PDM; Arlington, VA 22203. potential effects of climate change on J.G. Lantz, We will post all information received the Chupadera springsnail or its habitat. Director of Commercial Regulations and on http://www.regulations.gov. This The following information regarding Standards. generally means that we will post any the potential economic and other [FR Doc. 2011–19459 Filed 8–1–11; 8:45 am] personal information you provide us impacts of the proposed critical habitat BILLING CODE 9110–04–P (see the Information Requested section designation is requested solely so that below for more details). we may consider the potential effects of FOR FURTHER INFORMATION CONTACT: critical habitat designation in the final DEPARTMENT OF THE INTERIOR Wally ‘‘J’’ Murphy, Field Supervisor, rule. U.S. Fish and Wildlife Service, New (1) The reasons why we should or Fish and Wildlife Service Mexico Ecological Services Field Office, should not designate habitat as ‘‘critical 2105 Osuna NE, Albuquerque, NM habitat’’ under the Act including 50 CFR Part 17 87113; telephone 505–346–2525; whether there are threats to the species facsimile 505–346–2542. If you use a [Docket No. FWS–R2–ES–2011–0042; MO from human activity, the degree of 92210–0–0009] telecommunications device for the deaf which can be expected to increase due (TDD), call the Federal Information to the designation, and whether the RIN 1018–AV86 Relay Service (FIRS) at 800–877–8339. benefit of designation would outweigh SUPPLEMENTARY INFORMATION: This threats to the species caused by the Endangered and Threatened Wildlife document consists of both a proposed and Plants; Proposed Endangered designation, such that the designation of rule to list the Chupadera springsnail as critical habitat is prudent. Status for the Chupadera Springsnail endangered and proposed critical (Pyrgulopsis chupaderae) and (2) Specific information on: habitat designation for the Chupadera (a) The amount and distribution of Proposed Designation of Critical springsnail. Habitat Chupadera springsnail habitat; Public Comments (b) What occupied areas containing AGENCY: Fish and Wildlife Service, features essential to the conservation of Interior. We intend that any final action resulting from this proposed rule will be the species should be included in the ACTION: Proposed rule. based on the best scientific and designation and why; and commercial data available and be as (c) What areas not occupied are SUMMARY: We, the U.S. Fish and essential for the conservation of the Wildlife Service (Service), propose to accurate and as effective as possible. Therefore, we request comments or species and why. list the Chupadera springsnail (3) Land use designations and current (Pyrgulopsis chupaderae) as endangered information from the public, other concerned governmental and Tribal or planned activities in the subject areas under the Endangered Species Act of and their possible impacts on proposed 1973, as amended (Act). If we finalize agencies, the scientific community, industry, or any other interested party critical habitat. this rule as proposed, it would extend (4) Any foreseeable economic, the Act’s protections to this species. We concerning this proposed rule. We particularly seek comments concerning: national security, or other relevant also propose to designate critical habitat impacts of designating any area that for the Chupadera springsnail under the (1) The historical and current status and distribution of the Chupadera may be included in the final Act. In total, approximately 0.7 hectares designation. We are particularly (1.9 acres) are being proposed for springsnail, its biology and ecology, the range and population size of this interested in any impacts on small designation as critical habitat, located in entities or families, and the benefits of Socorro County, New Mexico. species, including the locations of any additional populations of this species, including or excluding areas that exhibit DATES: We will accept comments and any information on the biological or these impacts. received or postmarked on or before ecological requirements of the species. (5) Whether we could improve or October 3, 2011. We must receive (2) Information relevant to the factors modify our approach to designating requests for public hearings, in writing, that are the basis for making a listing critical habitat in any way to provide for at the address shown in the FOR FURTHER determination for a species under greater public participation and INFORMATION CONTACT section, by section 4(a) of the Endangered Species understanding, or to better September 16, 2011. Act of 1973, as amended (Act) (16 accommodate public concerns and ADDRESSES: You may submit comments U.S.C. 1531 et seq.), which are: comments. by one of the following methods: (a) The present or threatened You may submit your comments and (1) Electronically: Go to the Federal destruction, modification, or materials concerning this proposed rule eRulemaking Portal: http:// curtailment of the species’ habitat or by one of the methods listed in the www.regulations.gov. In the Enter range; ADDRESSES section. We will not accept Keyword or ID box, enter FWS–R2–ES– (b) Overutilization for commercial, comments sent by e-mail or fax or to an 2011–0042, which is the docket number recreational, scientific, or educational address not listed in the ADDRESSES for this rulemaking. Then, in the Search purposes; section.

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We will post your entire comment— to 3.0 millimeters (mm) (0.06 to 0.12 Although hydrobiid snails as a group including your personal identifying inches (in) tall) freshwater snail (Taylor are found in a wide variety of aquatic information—on http:// 1987, p. 25; Hershler 1994, p. 30) in the habitats, they are sensitive to water www.regulations.gov. If you provide family Hydrobiidae. The pigmentation quality and each species is usually personal identifying information, such of the body and operculum (covering found within relatively narrow habitat as your street address, phone number, or over the shell opening) of this species is parameters (Sada 2008, p. 59). Proximity e-mail address, you may request at the much more intense than in any other to spring vents, where water emerges top of your document that we withhold species in the genus Pyrgulopsis (Taylor from the ground, plays a key role in the this information from public review. 1987, p. 26). The Chupadera springsnail life history of springsnails. Many However, we cannot guarantee that we was first described by Taylor (1987, pp. springsnail species exhibit decreased will be able to do so. 24–27) as Fontelicella chupaderae. abundance farther away from spring Comments and materials we receive, Hershler (1994, pp. 11, 13), in his vents, presumably due to their need for as well as supporting documentation we review of the genus Pyrgulopsis, found stable water chemistry (Hershler 1994, used in preparing this proposed rule, that the species previously assigned to p. 68; Hershler 1998, p. 11; Hershler and will be available for public inspection the genus Fontelicella had the Sada 2002, p. 256; Martinez and Thome on http://www.regulations.gov, or by appropriate morphological 2006, p. 14). Several habitat parameters appointment, during normal business characteristics for inclusion in the genus of springs, such as substrate, dissolved hours, at the New Mexico Ecological Pyrgulopsis and formally placed them carbon dioxide, dissolved oxygen, Services Field Office (see FOR FURTHER within that genus. Although the genetic temperature, conductivity, and water INFORMATION CONTACT). characteristics of P. chupaderae have depth, have been shown to influence the not been analyzed, based on its unique distribution and abundance of Background morphology and geographic isolation, it Pyrgulopsis (O’Brien and Blinn 1999, Previous Federal Actions is a valid species. pp. 231–232; Mladenka and Minshall Springsnails are strictly aquatic, and 2001, pp. 209–211; Malcom et al. 2005, We identified the Chupadera respiration occurs through an internal p. 75; Martinez and Thome 2006, pp. springsnail as a candidate for listing in gill. Springsnails in the genus 12–15; Lysne et al. 2007, p. 650). the May 22, 1984, Notice of Review of Pyrgulopsis are egg-layers with a single Dissolved salts such as calcium Invertebrate Wildlife for Listing as small egg capsule deposited on a hard carbonate may also be important factors Endangered or Threatened Species (49 surface (Hershler 1998, p. 14). The because they are essential for shell FR 21664). Candidates are those fish, larval stage is completed in the egg formation (Pennak 1989, p. 552). wildlife, and plants for which we have capsule, and upon hatching, the snails The Chupadera springsnail is on file sufficient information on emerge into their adult habitat (Brusca endemic to Willow Spring and an biological vulnerability and threats to and Brusca 1990, p. 759; Hershler and unnamed spring of similar size 0.5 support preparation of a listing Sada 2002, p. 256). The snail exhibits kilometers (km) (0.3 miles (mi)) north of proposal, but for which development of separate sexes; physical differences are Willow Spring at the southeast end of a listing regulation is precluded by other noticeable between them, with females the Chupadera Mountains in Socorro higher priority listing activities. The being larger than males. Because of their County, New Mexico (Taylor 1987, pp. Chupadera springsnail was petitioned small size and dependence on water, 20–22; Mehlhop 1993, p. 3; Lang 1998, for listing on November 20, 1985, and significant dispersal likely does not p. 36). The two springs where was found to be warranted for listing occur, although on rare occasions Chupadera springsnail has been but precluded by higher priority aquatic snails have been transported by documented are on two hillsides where activities on October 4, 1988 (53 FR becoming attached to the feathers and groundwater discharges flow through 38969). The Chupadera springsnail has feet of migratory birds (Roscoe 1955, p. volcanic gravels containing sand, mud, been included in all of our subsequent 66; Dundee et al. 1967, pp. 89–90). and aquatic plants (Taylor 1987, p. 26). annual Candidate Notices of Review (54 Hydrobiid snails feed primarily on Water temperatures in areas of the FR 554, January 6, 1989; 56 FR 58804, periphyton, which is a complex mixture springbrook (the stream flowing from November 21, 1991; 59 FR 58982, of algae, bacteria, and microbes that the springhead) currently occupied by November 15, 1994; 61 FR 7595, occurs on submerged surfaces in aquatic the springsnail range from 15 to 25 February 28, 1996; 62 FR 49397, environments (Mladenka 1992, pp. 46, degrees Celsius (°C) (59 to 77 degrees September 19, 1997; 64 FR 57533, 81; Allan 1995, p. 83; Hershler and Sada Fahrenheit (°F)) over all seasons (1997 October 25, 1999; 66 FR 54807, October 2002, p. 256; Lysne et al. 2007, p. 649). to 1998). Water velocities range from 30, 2001; 67 FR 40657, June 13, 2002; The lifespan of most aquatic snails is 9 0.01 to 0.19 meters per second (m/s) 69 FR 24875, May 4, 2004; 70 FR 24869, to 15 months (Pennak 1989, p. 552). (0.03 to 0.6 feet per second (ft/s)) (Lang May 11, 2005; 71 FR 53755, September Snails in the family Hydrobiidae were 2009, p. 1). In 1998, when Willow 12, 2006; 72 FR 69033, December 6, once much more widely distributed Spring was last visited, the springbrook 2007; 73 FR 75175, December 10, 2008; during the wetter Pleistocene Age (1.6 was 0.5 to 2 meters (m) (1.6 to 6.6 feet 74 FR 57803, November 9, 2009; and 75 million to 10,000 years ago). As ancient (ft)) wide, 6 to 15 centimeters (cm) (2.4 FR 69221, November 10, 2010). In 2002, lakes and streams dried, springsnails to 6 in) deep, and approximately 38 m the listing priority number was became patchily distributed across the (125 ft) long, upstream of where it increased from 8 to 2 in accordance landscape as geographically isolated entered a pond created by a berm (small with our priority guidance published on populations exhibiting a high degree of earthen dam) across the springbrook September 21, 1983 (48 FR 43098). A endemism (species found only in a (Lang 2009, p. 1). listing priority of 2 reflects a species particular region, area, or spring) Current status of the population at with threats that are both imminent and (Bequart and Miller 1973, p. 214; Taylor Willow Spring is unknown because high in magnitude. 1987, pp. 5–6; Shepard 1993, p. 354; access has been denied by the Hershler and Sada 2002, p. 255). landowner since 1999, despite requests Species Information Hydrobiid snails occur in springs, seeps, for access to monitor the springsnail The Chupadera springsnail marshes, spring pools, outflows, and (Carman 2004, pp. 1–2; 2005, pp. 1–5; (Pyrgulopsis chupaderae) is a tiny (1.6 diverse flowing water habitats. NMDGF 2007, p. 12). Prior surveys

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show the springsnail population to be Groundwater Depletion depletion that would affect spring flow locally abundant in this location and Habitat loss due to groundwater at Willow Spring would also likely stable through 1999 (Lang 1998, p. 36; depletion threatens the Chupadera affect the unnamed spring. Lang 1999, p. A5); therefore, we springsnail. Since spring ecosystems The Bosque del Apache National presume the species still persists at rely on water discharged to the surface Wildlife Refuge western boundary is located about 0.8 km (0.5 mi) east of the Willow Spring. At the unnamed spring, from underground aquifers, spring where Chupadera springsnail repeated sampling between 1995 and groundwater depletion can result in the occurs, providing protection from 1997 yielded no snails, and the habitat destruction of habitat by the drying of development and groundwater at that spring has been significantly springs and cause the loss of spring depletion for much of the land east of degraded (devoid of riparian vegetation fauna. For example, groundwater due to trampling by cattle, and the the spring. depletion from watering a lawn adjacent In addition, any decreases in regional benthic habitat was covered with to a small spring (Snail Spring) in manure) (Lang 1998, p. 59; Lang 1999, precipitation due to prolonged drought Cochise County, Arizona, has reduced will further stress groundwater p. B13). Therefore, the species is likely habitat availability of the San extirpated from this unnamed spring availability and increase the risk of Bernardino springsnail (Pyrgulopsis diminishment or drying of the springs. (NMDGF 1996, p. 16; Lang 1999, p. bernardina) at that location because of The current, multiyear drought in the B13). the loss of flowing water to the spring western United States, including the Springsnail dispersal is primarily (Malcom et al. 2003, p. 18; Cox et al. Southwest, is the most severe drought limited to aquatic habitat connections 2007, p. 2). Also, in Pecos County, recorded since 1900 (Overpeck and (Hershler et al. 2005, p. 1755). Once Texas, two large spring systems Udall 2010, p. 1642). In addition, extirpated from a spring, natural (Comanche Springs and Leon Springs) numerous climate change models recolonization of that spring or other were completely lost to drying when predict an overall decrease in annual nearby springs is very rare. irrigation wells were activated in the precipitation in the southwestern supporting local aquifer (Scudday 1977, United States and northern Mexico (see Summary of Factors Affecting the pp. 515–516). Spring drying or flow Factor E, Climate Change below). Recent Species reduction from groundwater pumping regional drought may have affected has also been documented in the Section 4 of the Act and habitat for Chupadera springsnail. For Roswell (August 9, 2005; 70 FR 46304) implementing regulations at 50 CFR 424 example, the extreme drought of 2002 and Mimbres Basins (Summers 1976, set forth procedures for adding species resulted in drying streams across the pp. 62, 65) of New Mexico. State, with nearly all of the major river to the Federal Lists of Endangered and Area groundwater use may Threatened Wildlife and Plants. A basins in New Mexico at historic low significantly increase due to Highland flow levels (New Mexico Drought Task species may be determined to be an Springs Ranch, a developing endangered or threatened species due to Force 2002, p. 1). Because of our subdivision in the immediate vicinity of inability to access Willow Spring, we do one or more of the five factors described Chupadera springsnail habitat. in section 4(a)(1) of the Act: (A) The not have information on how this Beginning in 2007, Highland Springs drought affected the Chupadera present or threatened destruction, Ranch is being developed in four phases modification, or curtailment of its springsnail. with approximately 650 lots ranging Drought affects both surface and habitat or range; (B) overutilization for from 8 hectares (ha) (20 acres (ac)) to 57 groundwater resources and can lead to commercial, recreational, scientific, or ha (140 ac). There is no central water diminished water quality (Woodhouse educational purposes; (C) disease or system, so each homeowner is and Overpeck 1998, p. 2693; MacRae et predation; (D) the inadequacy of responsible for drilling an individual al. 2001, pp. 4, 10) in addition to existing regulatory mechanisms; and (E) water well. In Highland Springs Ranch, reducing groundwater quantities. The other natural or manmade factors homeowners are entitled to 629 cubic small size of the springbrooks where the affecting its continued existence. Listing meters (0.51 acre-feet) of water per year Chupadera springsnails reside (1.5 m (5 actions may be warranted based on any (New Mexico Office of the State ft) wide or less) makes them particularly of the above threat factors, singly or in Engineer (NMOSE) 2009). susceptible to drying, increased water combination. Each of these factors is Because of the close proximity of the temperatures, and freezing. The springs discussed below. subdivision to Willow Spring (the do not have to cease flowing completely A. The Present or Threatened northern boundary of lot 42A of Willow to have an adverse effect on springsnail Destruction, Modification, or Springs Ranch, a phase of Highland populations. Because these springs are Curtailment of its Habitat or Range Springs Ranch, is approximately 91 m so small, any reductions in the flow (300 ft) from Willow Spring), it appears rates from the springs can reduce the The principal threats to the habitat of likely that groundwater pumping could available habitat for the springsnails, Chupadera springsnail at Willow Spring affect the discharge from the spring increasing the risk of extinction. include groundwater depletion, through depletion of groundwater. Decreased spring flow can lead to a livestock grazing, and spring Under normal conditions Willow Spring decrease in habitat availability, an modification (Lang 1998, p. 59; NMDGF has a very small discharge (Lang 2009, increase in water temperature 2002, p. 45). These threats are p. 1), and, therefore, any reduction in fluctuations, a decrease in dissolved intensified by the fact that the species’ available habitat from declining spring oxygen levels, and an increase in known historic range was only two flows would be detrimental to the salinity (MacRae et al. 2001, p. 4). Water small springs, and it has been extirpated Chupadera springsnail. Given the close temperatures and factors such as from one of the known locations. Other proximity of the unnamed spring (0.5 dissolved oxygen in springs do not potential threats, such as fire and km (0.3 mi)) to Willow Spring, and typically fluctuate, and springsnails are recreational use at the springs, were because they both supported the narrowly adapted to spring conditions considered but no information was Chupadera springsnail historically, we and are sensitive to changes in water found that indicated these may be believe both springs are fed by the same quality (Hershler 1998, p. 11). affecting the species at this time. groundwater aquifer. Thus, groundwater Groundwater depletion can lead to loss

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and degradation of Chupadera water quality are normally stable, any and has minimal mobility, so it is springsnail habitat and presents a modification of the springhead could be unlikely its range will ever expand. As substantial threat to the species. detrimental to springsnail populations. a result, if the population at Willow In addition, any modification or Spring were extirpated for any reason, Livestock Grazing construction done at the springhead the species would be extinct, since there It is estimated that livestock grazing could also affect individuals are no other sources of this springsnail has damaged approximately 80 percent downstream through siltation of habitat. from which to recolonize. This situation of stream and riparian ecosystems in the Because springsnails are typically found makes the magnitude of impact of any western United States (Belsky et al. in shallow flowing water, inundation possible threat very high. In other 1999, p. 419). The damage occurs from that alters springsnail habitat by words, the resulting effects of any of the increased sedimentation, decreased changing water depth, velocity, threat factors under consideration here, water quality, and trampling and substrate composition, vegetation, and even if they are relatively small on a overgrazing stream banks where water chemistry can cause population temporal or geographic scale, could succulent (high water content) forage reduction or extirpation. For example, result in complete extinction of the exists (Armour et al. 1994, p. 10; inundation has negatively affected species. Fleischner 1994, p. 631; Belsky et al. populations of other springsnails such Therefore, because the Chupadera 1999, p. 419). as Koster’s springsnail (Juturnia kosteri) springsnail is restricted to a single small The damage from livestock grazing on and Roswell springsnail (Pyrgulopsis site, it is particularly susceptible to spring ecosystems can alter or remove roswellensis) at Bitter Lake National extinction if its habitat is degraded or springsnail habitat, resulting in Wildlife Refuge and caused their destroyed. While the small, reduced restricted distribution or extirpation of extirpation from North Spring (NMDGF range does not represent an springsnails. For example, cattle 2004, p. 33; 70 FR 46304, August 9, independent threat to the species, it trampling at a spring in Owens Valley, 2005). does substantially increase the risk of California, reduced banks to mud and The springhead at Willow Spring has extinction from the effects of all other sparse grass, limiting the occurrence of been modified through impoundment of threats, including those addressed in the endangered Fish Slough springsnail the springbrook to maintain a pump and this analysis, and those that could occur (Pyrgulopsis pertubata) (Bruce and improve water delivery systems to cattle in the future from unknown sources. White 1998, pp. 3–4). Poorly managed (Lang 1998, p. 59). It appears that Summary of Factor A livestock use of springbrooks can springbrook impoundment has only directly negatively affect springsnails occurred downstream of the source, In summary, the Chupadera through contamination of aquatic leaving some appropriate springbrook springsnail is threatened by the present habitat from feces and urine, habitat habitat intact upstream (Taylor 1987, p. destruction and modification of its degradation of the springbrook by 26). At the last visit to the spring in habitat and range. Groundwater trampling of substrate and loss of 1999, the habitat at the spring was of depletion due to new wells from nearby aquatic and riparian vegetation, and sufficient quality to sustain the subdivision developments, in addition crushing of individual springsnails. Chupadera springsnail, but any to droughts, is likely resulting in Lang (1998, p. 59) reported that the subsequent alterations could be reduced flow at the spring that supports unnamed spring was heavily impacted catastrophic for the species. Spring the species. Cattle grazing is occurring by cattle because it was devoid of modification, either at the springhead or at both historically occupied sites and riparian vegetation, and the gravel and in the springbrook, is a threat to the has resulted in the extirpation of the cobbles were covered with mud and Chupadera springsnail. species at one of these springs. Grazing manure. It appears that overgrazing and at these sites is likely to continue in the access to the aquatic habitat of the Small, Reduced Range future. Finally, springhead and spring by livestock caused the The geographically small range of the springbrook modification have affected extirpation of the Chupadera springsnail Chupadera springsnail increases the risk Chupadera springsnail habitat at Willow population from this unnamed spring of extinction from any effects associated Spring, and further modification may (NMDGF 1996, p. 16; Lang 1999, p. A5). with other threats (NMDGF 2002, p. 1). have occurred since the last visit to this Grazing was occurring at Willow Spring When species are limited to small, site in 1999. Because of the extremely in 1999 (the last time the spring was isolated habitats, like the Chupadera small and reduced range of the species, visited) (Lang 1999, p. A5), and the springsnail in one small arid spring these threats have an increased risk of Service has no information that grazing system, they are more likely to become resulting in extinction of the Chupadera practices have changed since that time. extinct due to a local event that springsnail. These threats are already Continued use of the springs by negatively effects the population occurring, they affect the full historical livestock presents a substantial threat to (Shepard 1993, pp. 354–357; McKinney range of the species, and they result in the Chupadera springsnail. 1997, p. 497; Minckley and Unmack the species being at risk of extinction. 2000, pp. 52–53). Spring Modification The natural historic range of the B. Overutilization for Commercial, Spring modification occurs when Chupadera springsnail includes only Recreational, Scientific, or Educational attempts are made to increase flow two small spring sites. As a result of Purposes through excavation at the springhead, habitat alteration at the unnamed There are very few people who are when the springhead is tapped to direct spring, the species now occurs only at interested in or study springsnails, and the flow into a pipe and then into a tank Willow Spring (Lang 1999, p. B13). We those who do are sensitive to their rarity or a pond, when excavation around the have no information on the current and endemism. Consequently, springhead creates a pool, inundating status of the species because access to collection for scientific or educational the springhead, or when the springbrook Willow Spring has been continually purposes is very limited. As far as we is dammed to create a pool downstream denied since 1999 (Carman 2004, p. 1– know, because the Chupadera of the springbrook. Because springsnails 2; Carman 2005, p. 1–5; NMDGF 2007, springsnail occurs on private land with are typically most abundant at the p. 12). The springsnail is limited to limited access, there has been no springhead where water chemistry and aquatic habitats in small spring systems collection since 1999 when NMDGF

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made its last collection (Lang 2000, p. The water supply for subdivision homes stream channels, slowing water velocity C5). There are no known commercial or comes from individual wells, and each and creating more pool-like habitat; this recreational uses of the springsnails. For well in the Highland Springs Ranch habitat is not suitable for Chupadera these reasons we find that the subdivisions may pump up to 629 cubic springsnail, which are found in flowing Chupadera springsnail is not threatened meters (0.51 acre feet) per year (NMOSE water. Finally, Russian thistle (Salsola by overutilization for commercial, 2009, p. 1). Although water delivery tragis; tumbleweed) can create problems recreational, scientific, or educational systems are evaluated by the New in spring systems by being blown into purposes. Mexico Office of the State Engineer to the channel, slowing flow, and determine if prior water rights or the C. Disease or Predation overloading the system with organic welfare of the State might be impaired material (Service 2005, p. 2). The The Chupadera springsnail is not by groundwater pumping, the effect of known to be affected or threatened by control and removal of nonnative individual domestic water wells only vegetation can also impact springsnail any disease. At the time the spring was receives that evaluation if the area has habitats. For example, this has been last surveyed, no nonnative predatory been designated as a domestic well identified as a factor responsible for species were present. However, any management area (Utton Transboundary future introduction of a nonnative Resources Center 2011, p. 3). The land localized extirpations of populations of species into habitat of the Chupadera being developed around Willow Spring the Federally endangered Pecos springsnail could be catastrophic to the has not been designated as such. As assiminea (Assiminea pecos), a springsnail. The Chupadera springsnail discussed in Factor A above, inadequate springsnail in New Mexico, due to has an extremely small and reduced spring flow due to pumping from the vegetation removal that resulted in soil range, and a nonnative predator or groundwater aquifer by homeowners is and litter drying, thereby making the competitor has an increased risk of a threat to the water supply of habitat unsuitable (Taylor 1987, pp. 5, resulting in extinction of the Chupadera Chupadera springsnail, and there are 9). springsnail. Because there are no known currently no regulatory mechanisms in Likewise, nonnative mollusks have nonnative species present, we find that place to manage groundwater affected the distribution and abundance the Chupadera springsnail is not withdrawal and ensure adequate spring of native mollusks in the United States. currently threatened by disease or flows. Of particular concern for the Chupadera predation. In summary, the inadequacy of springsnail is the red-rim melania D. The Inadequacy of Existing existing regulatory mechanisms poses a (Melanoides tuberculata), a snail that threat to the Chupadera springsnail. Regulatory Mechanisms can reach tremendous population sizes Existing Federal, State, and local laws and has been found in isolated springs Existing regulatory mechanisms are have been inadequate to prevent not sufficient to protect the Chupadera ongoing loss of the limited habitat of in the west (McDermott 2000, pp. 13– springsnail and prevent its extinction. this springsnail, and they are not 16; Ladd 2010, p. 1; U.S. Geological New Mexico State law provides limited expected to prevent further population Survey 2010, p. 1). The red-rim melania protection to the Chupadera springsnail. declines of the species. has caused the decline and local The species is listed as a New Mexico extirpation of native snail species, and State endangered species, Group 2, E. Other Natural or Manmade Factors it is considered a threat to endemic which are those species ‘‘whose Affecting Its Continued Existence aquatic snails that occupy springs and prospects of survival or recruitment Other natural or manmade factors streams in the Bonneville Basin of Utah within the state are likely to become affecting the continued existence of the (Rader et al. 2003, p. 655). It is easily jeopardized in the near future’’ (NMDGF Chupadera springsnail include transported on gear or aquatic plants, 1988, p. 1). This designation provides introduced species and climate change. and because it reproduces asexually protection under the New Mexico These threats are intensified by the fact (individuals can develop from Wildlife Conservation Act of 1974 (i.e., that the species’ known historical range unfertilized eggs), a single individual is State Endangered Species Act) (19 was only two small springs, and it has capable of founding a new population. NMAC 33.6.8), but only prohibits direct been extirpated from one of the known It has become established in isolated take of species, except under issuance of locations. desert spring ecosystems such as Ash a scientific collecting permit. No permit Introduced Species Meadows, Nevada, San Solomon Spring has been issued for taking this species. and Diamond Y Spring, Texas, and The New Mexico Wildlife Conservation Introduced species are a serious threat Cuatro Cie´negas, Mexico. In many Act defines ‘‘take’’ or ‘‘taking’’ as to native aquatic species (Williams et al. locations, this exotic snail is so ‘‘harass, hunt, capture, or kill any 1989, p. 18; Lodge et al. 2000, p. 7). numerous that it covers the bottom of wildlife or attempt to do so’’ (17 NMAC Because the distribution of the the small stream channel. If the red-rim 17.2.38). In other words, New Mexico Chupadera springsnail is so limited, and melania were introduced into Willow State status as an endangered species its habitat so restricted, introduction of Spring, it could easily outcompete and certain nonnative species into its habitat only conveys protection from collection eliminate the Chupadera springsnail. or intentional harm to the animals could be devastating. Saltcedar themselves but does not provide habitat (Tamarix spp.) threatens spring habitats None of these nonnative species are protection. Because most of the threats primarily through the amount of water known to occur in the habitats of the to the Chupadera springsnail are from it consumes and from the chemical Chupadera springsnail at this time, and effects to habitat, in order to protect composition of the leaves that drop to so potential impacts have not been individuals and ensure their long-term the ground and into the springs. realized. While any of these species, or conservation and survival, their habitat Saltcedar leaves that fall to the ground others, could threaten the Chupadera must be protected. and into the water add salt to the springsnail if they were introduced to We are aware of no State laws or local system, as their leaves contain salt the small habitats of the species, ordinances that would limit glands (DiTomaso 1998, p. 333). nonnative species are not considered a groundwater pumping in the Additionally, dense stands of common current threat to the Chupadera subdivisions adjacent to Willow Spring. reed (Phragmites australis) choke small springsnail.

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Climate Change be greater than the global average (p. 5); summers (Archer and Predick 2008, p. and 25; Karl et al. 2009, pp. 47, 52). Climate According to the Intergovernmental (4) The intensity, frequency, and change will likely reduce groundwater Panel on Climate Change (IPCC 2007, p. duration of drought may increase (p. 7). recharge through reduced snowpack and 5), ‘‘[w]arming of the climate system is One of the primary effects of climate perhaps through increased severity in unequivocal, as is now evident from change on the Chupadera springsnail is drought (Kundzewicz et al. 2007, p. 175; observations of increases in global likely to be associated with groundwater Stonestrom and Harrill 2008, p. 21). average air and ocean temperatures, availability that supports the spring There is currently no information to widespread melting of snow and ice, flows in its habitat. There is high quantify the likely effects of climate and rising global average sea level.’’ The confidence that many semiarid areas change on the groundwater system that average Northern Hemisphere like the western United States will supports the springs where the temperatures during the second half of suffer a decrease in water resources due Chupadera springsnail occurs. However, the 20th century were very likely higher to climate change (Kundzewicz et al. in a study of the Ogallala aquifer, a than during any other 50-year period in 2007, p. 175). Consistent with the much larger aquifer east of Willow the last 500 years and likely the highest outlook presented for New Mexico, Spring, Rosenberg et al. (1999, p. 688) in at least the past 1,300 years (IPCC Hoerling (2007, p. 35) states that, found that groundwater recharge will be 2007, p. 5). It is very likely that over the relative to 1990–2005, modeling reduced in the face of climate change in past 50 years, cold days, cold nights, indicates that a 25 percent decline in spite of increased water yields in many and frosts have become less frequent stream flow will occur from 2006 to areas. They also found that Ogallala over most land areas, and hot days and 2030 and a 45 percent decline will aquifer water levels have been directly hot nights have become more frequent occur from 2035 to 2060 in the correlated with annual precipitation (IPCC 2007, p. 8). Data suggest that heat Southwest. Milly et al. (2005, p. 349) over time (Rosenberg et al. 1999, p. 679) waves are occurring more often over project a 10–30 percent decrease in and concluded that changes in climate most land areas, and the frequency of runoff in mid-latitude western North could profoundly affect the accessibility heavy precipitation events has increased America by the year 2050 based on an and reliability of water supplies from over most areas (IPCC 2007, pp. 8, 15). ensemble of 12 climate models. the aquifer. We anticipate that the The IPCC (2007, pp. 12, 13) predicts Solomon et al. (2009, p. 1707) predict aquifer that supplies water to that changes in the global climate precipitation amounts in the Chupadera springsnail habitat may also system during the 21st century will very southwestern United States and be susceptible to climate change- likely be larger than those observed northern Mexico will decrease by as induced changes in precipitation. during the 20th century. For the next much as 9 to 12 percent (measured as In summary, climate change could two decades a warming of about 0.2 °C percentage of change in precipitation affect the Chupadera springsnail (0.4 °F) per decade is projected (IPCC per degree of warming, relative to 1900 through the combined effects of global 2007, p. 12). Afterwards, temperature to 1950 as the baseline period). and regional climate change, along with projections increasingly depend on Christensen et al. (2007, p. 888) state, the increased probability of long-term specific emission scenarios (IPCC 2007, ‘‘The projection of smaller warming drought. However, we are not able to p. 13). Various emissions scenarios over the Pacific Ocean than over the predict with certainty how these suggest that by the end of the 21st continent, * * * is likely to induce a indirect effects of climate change will century, average global temperatures are decrease in annual precipitation in the affect Chupadera springsnail habitats expected to increase 0.6 °C to 4.0 °C (1.1 southwestern USA and northern due to a lack of information on the °F to 7.2 °F) with the greatest warming Mexico.’’ In addition, Seager et al. groundwater system that provides water expected over land (IPCC 2007, p. 15). (2007, p. 1181) show that there is a to the species’ spring habitat. We However, the growth rate of carbon broad consensus among climate models conclude that climate change may be a dioxide emissions continues to that the Southwest will get drier in the significant stressor that indirectly accelerate and is above even the most 21st century and that the transition to a exacerbates existing threats by fossil fuel intensive scenario used by the more arid climate is already under way. increasing the likelihood of prolonged IPCC (Canadell et al. 2007, p. 18866; Only one of 19 models has a trend drought that would reduce groundwater Global Carbon Project 2008, p. 1), toward a wetter climate in the availability and incur future habitat suggesting that the effects of climate Southwest (Seager et al. 2007, p. 1181). loss. As such, climate change, in and of change may be even greater than those A total of 49 projections were created itself, may affect the springsnail, but the projected by the IPCC. using the 19 models, and all but three magnitude and imminence (when the predicted a shift to increasing aridity In consultation with leading scientists impacts occur) of the impacts remain (dryness) in the Southwest as early as from the Southwest, the New Mexico uncertain. Climate change is not 2021 to 2040 (Seager et al. 2007, p. Office of the State Engineer prepared a currently a threat to the Chupadera 1181). These research results indicate report for the Governor of New Mexico springsnail, but it has the potential to be that the Southwest can be expected to (NMOSE 2006). The report made the a threat in the foreseeable future, and be hotter and drier in the future, likely following observations about the impact impacts from climate change in the negatively affecting the water resources, of climate change in New Mexico: future will likely exacerbate the current including spring ecosystems such as and ongoing threat of habitat loss (1) Warming trends in the American Willow Spring. caused by other factors, as discussed Southwest exceed global averages by It is anticipated that the effects of above. about 50 percent (p. 5); climate change will also lead to greater (2) Models suggest that even moderate human demands on scarce water Summary of Factor E increases in precipitation would not sources while at the same time leading The Chupadera springsnail is not offset the negative impacts to the water to decreasing water availability because currently threatened by other natural or supply caused by increased temperature of increased evapotranspiration (water man-made factors. However, any future (p. 5); drawn up by plants from the soil that introduction of harmful nonnative (3) Temperature increases in the evaporates from their leaves), reduced species could have severe effects on the Southwest are predicted to continue to soil moisture, and longer, hotter species. In addition, the effects of

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climate change, while difficult to threats extend throughout its entire estimates of the cost of implementing quantify at this time, are likely to range, it is unnecessary to determine if recovery tasks. Recovery teams exacerbate the current and ongoing it is in danger of extinction throughout (comprised of species experts, Federal threat of habitat loss caused by other a significant portion of its range. and State agencies, nongovernment factors, particularly the loss of spring Therefore, on the basis of the best organizations, and stakeholders) are flows resulting from prolonged drought. available scientific and commercial often established to develop recovery information, we propose listing the plans. When completed, the recovery Proposed Listing Determination Chupadera springsnail as endangered outline, draft recovery plan, and the We have carefully assessed the best throughout its range in accordance with final recovery plan will be available scientific and commercial information sections 3(6) and 4(a)(1) of the Act. from our Web site (http://www.fws.gov/ available regarding the past, present, endangered), or from our New Mexico Available Conservation Measures and future threats to the Chupadera Ecological Services Field Office (see FOR springsnail and have determined that Conservation measures provided to FURTHER INFORMATION CONTACT). the species warrants listing as species listed as endangered or Implementation of recovery actions endangered throughout its range. The threatened under the Act include generally requires the participation of a loss of one of two known populations, recognition, recovery actions, broad range of partners, including other the ongoing threat of modification of the requirements for Federal protection, and Federal agencies, States, habitat at the only known remaining prohibitions against certain practices. nongovernmental organizations, site, Willow Spring, from grazing and Recognition through listing results in businesses, and private landowners. spring modification, and the imminent public awareness and conservation by Examples of recovery actions include threat of groundwater depletion posed Federal, State, Tribal, and local habitat restoration (e.g., restoration of by subdivision development adjacent to agencies, private organizations, and native vegetation), research, captive the spring, places this species at great individuals. The Act encourages propagation and reintroduction, and risk of extinction. The small, reduced cooperation with the States and requires outreach and education. The recovery of distribution of the Chupadera that recovery actions be carried out for many listed species cannot be springsnail heightens the danger of all listed species. The protection accomplished solely on Federal lands extinction due to threats from Factors A measures required of Federal agencies because their range may occur primarily (specifically loss of spring flow, and the prohibitions against certain or solely on non-Federal lands. To livestock grazing, and spring activities are discussed, in part, below. achieve recovery of these species modification) and D (inadequacy of The primary purpose of the Act is the requires cooperative conservation efforts existing regulatory mechanisms). The conservation of endangered and on private and State lands. existing threats are exacerbated by the threatened species and the ecosystems If this species is listed, funding for effects of ongoing and future climate upon which they depend. The ultimate recovery actions will be available from change, primarily due to the projected goal of such conservation efforts is the a variety of sources, including Federal increase in droughts. Because these recovery of these listed species, so that budgets, State programs, and cost-share threats are ongoing now or are they no longer need the protective grants for non-Federal landowners, the imminent, and their potential impacts to measures of the Act. Subsection 4(f) of academic community, and the species would be catastrophic given the Act requires the Service to develop nongovernmental organizations. In the very limited range of the species, we and implement recovery plans for the addition, pursuant to section 6 of the find that a proposed designation of conservation of endangered and Act, the State of New Mexico would be endangered, rather than threatened, is threatened species. The recovery eligible for Federal funds to implement appropriate. planning process involves the management actions that promote the The Act defines an endangered identification of actions that are protection and recovery of the species as ‘‘any species which is in necessary to halt or reverse the species’ Chupadera springsnail. Information on danger of extinction throughout all or a decline by addressing the threats to its our grant programs that are available to significant portion of its range.’’ In survival and recovery. The goal of this aid species recovery can be found at: considering ‘‘significant portion of the process is to restore listed species to a http://www.fws.gov/grants. range,’’ a key part of this analysis in point where they are secure, self- Although the Chupadera springsnail practice is whether the threats are sustaining, and functioning components is only proposed for listing under the geographically concentrated in some of their ecosystems. Act at this time, please let us know if way. If the threats to the species are Recovery planning includes the you are interested in participating in essentially uniform throughout its development of a recovery outline recovery efforts for this species. range, no portion is likely to warrant shortly after a species is listed, Additionally, we invite you to submit further consideration. Based on the preparation of a draft and final recovery any new information on this species threats to the Chupadera springsnail plan, and revisions to the plan as whenever it becomes available and any throughout its entire limited range (one significant new information becomes information you may have for recovery spring), we find that the species is in available. The recovery outline guides planning purposes (see FOR FURTHER danger of extinction throughout all of its the immediate implementation of urgent INFORMATION CONTACT). range, based on the immediacy, severity, recovery actions and describes the Section 7(a) of the Act, as amended, and scope of the threats described process to be used to develop a recovery requires Federal agencies to evaluate above. The species is proposed as plan. The recovery plan identifies site- their actions with respect to any species endangered, rather than threatened, specific management actions that will that is proposed or listed as endangered because the threats are occurring now or achieve recovery of the species, or threatened and with respect to its are imminent, and their potential measurable criteria that determine when critical habitat, if any is designated. impacts to the species would be a species may be downlisted or delisted, Regulations implementing this catastrophic given the very limited and methods for monitoring recovery interagency cooperation provision of the range of the species, making the progress. Recovery plans also establish Act are codified at 50 CFR part 402. Chupadera springsnail at risk of a framework for agencies to coordinate Section 7(a)(4) requires Federal agencies extinction at the present time. Since their recovery efforts and provide to confer with the Service on any action

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that is likely to jeopardize the continued the effect of a proposed listing on scientific resources management such as existence of a species proposed for proposed and ongoing activities within research, census, law enforcement, listing or result in destruction or the range of species proposed for listing. habitat acquisition and maintenance, adverse modification of proposed The following activities could propagation, live trapping, and critical habitat. If a species is potentially result in a violation of transplantation, and, in the subsequently listed, section 7(a)(2) section 9 of the Act; this list is not extraordinary case where population requires Federal agencies to ensure that comprehensive: pressures within a given ecosystem activities they authorize, fund, or carry (1) Unauthorized collecting, handling, cannot be otherwise relieved, may out are not likely to jeopardize the possessing, selling, delivering, carrying, include regulated taking. continued existence of the species or or transporting of the species, including Critical habitat receives protection destroy or adversely modify its critical import or export across State lines and under section 7 of the Act through the habitat. If a Federal action may international boundaries, except for requirement that Federal agencies adversely affect a listed species or its properly documented antique ensure, in consultation with the Service, critical habitat, the responsible Federal specimens of these taxa at least 100 that any action they authorize, fund, or agency must enter into formal years old, as defined by section 10(h)(1) carry out is not likely to result in the consultation with the Service. For the of the Act; destruction or adverse modification of Chupadera springsnail, Federal agency (2) Introduction of nonnative species critical habitat. The designation of actions that may require consultation that compete with or prey upon the critical habitat does not affect land would include any Federally funded Chupadera springsnail, such as the ownership or establish a refuge, activities in the Willow Spring introduction of competing, nonnative wilderness, reserve, preserve, or other watershed, groundwater source area, or species to the State of New Mexico; conservation area. Such designation directly in the spring that may affect (3) The unauthorized release of does not allow the government or public Willow Spring or the Chupadera biological control agents that attack any to access private lands. Such springsnail; for example, activities that life stage of this species; designation does not require require a permit from the Army Corps (4) Unauthorized modification of the implementation of restoration, recovery, of Engineers pursuant to section 404 of springs; and or enhancement measures by non- the Clean Water Act. (5) Unauthorized discharge of Federal landowners. Where a landowner The Act and its implementing chemicals or fill material into any seeks or requests Federal agency regulations set forth a series of general waters in which the Chupadera funding or authorization for an action prohibitions and exceptions that apply springsnail is known to occur. that may affect a listed species or to all endangered wildlife. The Questions regarding whether specific critical habitat, the consultation prohibitions, codified at 50 CFR 17.21 activities would constitute a violation of requirements of section 7(a)(2) would for endangered wildlife, in part, make it section 9 of the Act should be directed apply, but even in the event of a illegal for any person subject to the to the New Mexico Ecological Services destruction or adverse modification jurisdiction of the United States to take Field Office (see FOR FURTHER finding, the obligation of the Federal (includes harass, harm, pursue, hunt, INFORMATION CONTACT). action agency and the landowner is not shoot, wound, kill, trap, capture, or to restore or recover the species, but to collect; or to attempt any of these), Critical Habitat implement reasonable and prudent import, export, ship in interstate Background commerce in the course of commercial alternatives to avoid destruction or activity, or sell or offer for sale in Critical habitat is defined in section 3 adverse modification of critical habitat. interstate or foreign commerce any of the Act as: For inclusion in a critical habitat listed species. It is also illegal to (1) The specific areas within the designation, the habitat within the possess, sell, deliver, carry, transport, or geographical area occupied by the geographical area occupied by the ship any such wildlife that has been species, at the time it is listed in species at the time it was listed must taken illegally. Certain exceptions apply accordance with the Act, on which are contain physical and biological features to agents of the Service and State found those physical or biological essential to the conservation of the conservation agencies. features species and be included only if those We may issue permits to carry out (a) Essential to the conservation of the features may require special otherwise prohibited activities species and management considerations or involving threatened or endangered (b) Which may require special protection. Critical habitat designations wildlife species under certain management considerations or identify, to the extent known using the circumstances. Regulations governing protection; and best scientific and commercial data permits are codified at 50 CFR 17.22 for (2) Specific areas outside the available, those physical and biological endangered species. With regard to geographical area occupied by the features that are essential to the endangered wildlife, a permit must be species at the time it is listed, upon a conservation of the species (such as issued for the following purposes: for determination that such areas are space, food, cover, and protected scientific purposes, to enhance the essential for the conservation of the habitat), focusing on the principal propagation or survival of the species, species. biological or physical constituent and for incidental take in connection Conservation, as defined under elements (primary constituent elements) with otherwise lawful activities. section 3 of the Act, means to use and within an area that are essential to the It is our policy, as published in the the use of all methods and procedures conservation of the species (such as Federal Register on July 1, 1994 (59 FR that are necessary to bring an roost sites, nesting grounds, seasonal 34272), to identify to the maximum endangered or threatened species to the wetlands, water quality, tide, soil type). extent practicable at the time a species point at which the measures provided Primary constituent elements are the is listed, those activities that would or pursuant to the Act are no longer elements of physical and biological would not constitute a violation of necessary. Such methods and features that, when laid out in the section 9 of the Act. The intent of this procedures include, but are not limited appropriate quantity and spatial policy is to increase public awareness of to, all activities associated with arrangement to provide for a species’

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life-history processes, are essential to species. For these reasons, a critical in new areas for actions in which there the conservation of the species. habitat designation does not signal that may be a Federal nexus where it would Under the Act and regulations at 50 habitat outside the designated area is not otherwise occur because, for CFR 424.12, we can designate critical unimportant or may not be required for example, it has become unoccupied or habitat in areas outside the geographical recovery of the species. Areas that are the occupancy is in question; (2) area occupied by the species at the time important to the conservation of the focusing conservation activities on the it is listed, upon a determination that species, both inside and outside the most essential features and areas; (3) such areas are essential for the critical habitat designation, will providing educational benefits to State conservation of the species. We continue to be subject to: (1) or county governments or private designate critical habitat in areas Conservation actions implemented entities; and (4) preventing people from outside the geographical area occupied under section 7(a)(1) of the Act, (2) causing inadvertent harm to the species. by a species only when a designation regulatory protections afforded by the The primary regulatory effect of limited to its range would be inadequate requirement in section 7(a)(2) of the Act critical habitat is the section 7(a)(2) to ensure the conservation of the for Federal agencies to insure their requirement that Federal agencies species. When the best available actions are not likely to jeopardize the refrain from taking any action that scientific data do not demonstrate that continued existence of any endangered destroys or adversely modifies critical the conservation needs of the species or threatened species, and (3) the habitat. Lands proposed for designation require such additional areas, we will prohibitions of section 9 of the Act if as critical habitat would be subject to not designate critical habitat in areas actions occurring in these areas may Federal actions that trigger the section 7 outside the geographical area occupied affect the species. Federally funded or consultation requirements. There may by the species. An area currently permitted projects affecting listed also be some educational or occupied by the species but that was not species outside their designated critical informational benefits to the designation occupied at the time of listing may, habitat areas may still result in jeopardy of critical habitat. Educational benefits however, be essential to the findings in some cases. These include the notification of the general conservation of the species and may be protections and conservation tools will public of the importance of protecting included in the critical habitat continue to contribute to recovery of habitat. designation. this species. Similarly, critical habitat At present, the only known extant Section 4 of the Act requires that we designations made on the basis of the population of the Chupadera springsnail designate critical habitat on the basis of best available information at the time of occurs on private lands in the United the best scientific and commercial data designation will not control the States. The species currently is not available. Further, our Policy on direction and substance of future known to occur on Federal lands or Information Standards Under the recovery plans, habitat conservation lands under Federal jurisdiction. Endangered Species Act (published in plans (HCPs), or other species However, lands proposed for the Federal Register on July 1, 1994 (59 conservation planning efforts if new designation as critical habitat, whether FR 34271)), the Information Quality Act information available at the time of or not under Federal jurisdiction, may (section 515 of the Treasury and General these planning efforts calls for a be subject to Federal actions that trigger Government Appropriations Act for different outcome. the section 7 consultation requirement, Fiscal Year 2001 (Pub. L. 106–554; H.R. such as the granting of Federal monies Prudency Determination 5658)), and our associated Information or Federal permits. Quality Guidelines, provide criteria, Section 4(a)(3) of the Act, as We reviewed the available establish procedures, and provide amended, and implementing regulations information pertaining to habitat guidance to ensure that our decisions (50 CFR 424.12), require that, to the characteristics where this species is are based on the best scientific data maximum extent prudent and located. This and other information available. They require our biologists, to determinable, the Secretary designate represent the best scientific data the extent consistent with the Act and critical habitat at the time the species is available and led us to conclude that the with the use of the best scientific data determined to be endangered or designation of critical habitat is prudent available, to use primary and original threatened. Our regulations (50 CFR for the Chupadera springsnail because, sources of information as the basis for 424.12(a)(1)) state that the designation as discussed above, there is no recommendations to designate critical of critical habitat is not prudent when information to indicate that habitat. one or both of the following situations identification of critical habitat will When we determine which areas exist: (1) The species is threatened by result in increased threats to the species, should be designated as critical habitat, taking or other human activity, and and information indicates that our primary source of information is identification of critical habitat can be designation of critical habitat would be generally the information developed expected to increase the degree of threat beneficial to the species. during the listing process for the to the species, or (2) such designation of species. Additional information sources critical habitat would not be beneficial Critical Habitat Determinability may include the recovery plan for the to the species. As stated above, section 4(a)(3) of the species, articles in peer-reviewed There is no documentation that the Act requires the designation of critical journals, conservation plans developed Chupadera springsnail is threatened by habitat concurrently with the species’ by States and counties, scientific status collection, and it is unlikely to listing ‘‘to the maximum extent prudent surveys and studies, biological experience increased threats by and determinable.’’ Our regulations at assessments, or other unpublished identifying critical habitat. In the 50 CFR 424.12(a)(2) state that critical materials and expert opinion or absence of a finding that the designation habitat is not determinable when one or personal knowledge. of critical habitat would increase threats both of the following situations exist: We recognize that critical habitat to a species, if there are any benefits to (i) Information sufficient to perform designated at a particular point in time a critical habitat designation, then a required analyses of the impacts of the may not include all of the habitat areas prudent finding is warranted. The designation is lacking, or that we may later determine are potential benefits include: (1) Triggering (ii) The biological needs of the species necessary for the recovery of the consultation under section 7 of the Act are not sufficiently well known to

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permit identification of an area as found in the springhead and 1989, p. 18; Lodge et al. 2000, p. 7). critical habitat. springbrook. Historically, it was also Because the distribution of the When critical habitat is not found at an unnamed spring 0.5 km (0.3 Chupadera springsnail is so limited, and determinable, the Act provides for an mi) from this location. its habitat so restricted, introduction of additional year to publish a critical certain nonnative species into its habitat Food, Water, Air, Light, or Other habitat designation (16 U.S.C. Nutritional or Physiological could be devastating. Potentially 1533(b)(6)(C)(ii)). Requirements harmful nonnative species include We reviewed the available saltcedar, common reed, Russian thistle, information pertaining to the biological Taylor (1987, p. 26) found Chupadera and the red-rim melania. needs of the species and habitat springsnail on pebbles and cobbles characteristics where this species is interspersed with sand, mud, and Primary Constituent Elements for the located. This and other information aquatic plants. Individuals were Chupadera Springsnail represent the best scientific data abundant in flowing water on stones, Under the Act and its implementing available, and the available information dead wood, and among vegetation on regulations, we are required to identify is sufficient for us to identify areas to firm surfaces that had an organic film the physical and biological features propose as critical habitat. Therefore, (periphyton). Chupadera springsnail essential to the conservation of we conclude that the designation of was not found in the impoundment Chupadera springsnail in areas critical habitat is determinable for the created by damming the springbrook occupied at the time of listing, focusing Chupadera springsnail. (Taylor 1987, p. 26). From data collected on the features’ primary constituent in 1997 and 1998, Lang (2009, p. 1) Physical and Biological Features elements. We consider primary determined the springsnails were found constituent elements to be the elements In accordance with section 3(5)(A)(i) in water velocities that ranged from 0.01 of physical and biological features that and 4(b)(1)(A) of the Act and regulations to 0.19 m/s (0.03 to 0.6 ft/s). are essential to the conservation of the at 50 CFR 424.12, in determining which Chupadera springsnail consume species. areas within the geographical area periphyton on submerged surfaces. Based on our current knowledge of occupied by the species at the time of Spring ecosystems occupied by the physical or biological features and listing to designate as critical habitat, Chupadera springsnail must support the habitat characteristics required to we consider the physical and biological periphyton upon which springsnails sustain the species’ life-history features essential to the conservation of graze. processes, we determine that the the species and which may require Sites for Breeding, Reproduction, and primary constituent elements specific to special management considerations or Rearing of Offspring Chupadera springsnail are springheads, protection. These include, but are not springbrooks, seeps, ponds, and Substrate characteristics influence the limited to: seasonally wetted meadows containing: productivity of the springsnails. (1) Space for individual and (1) Unpolluted spring water (free from population growth and for normal Suitable substrates are typically firm, characterized by cobble, gravel, sand, contamination) emerging from the behavior; ground and flowing on the surface; (2) Food, water, air, light, minerals, or woody debris, and aquatic vegetation (2) Periphyton (an assemblage of other nutritional or physiological such as watercress. Suitable substrates algae, bacteria, and microbes) and requirements; increase productivity by providing (3) Cover or shelter; suitable egg-laying sites and providing decaying organic material for food; (4) Sites for breeding, reproduction, or food resources. (3) Substrates that include cobble, rearing (or development) of offspring; gravel, pebble, sand, silt, and aquatic Habitats Protected From Disturbance or and vegetation, for egg laying, maturing, Representative of the Historical, (5) Habitats that are protected from feeding, and escape from predators; and Geographical, and Ecological disturbance or are representative of the (4) Nonnative predators and Distributions of the Species historical, geographical, and ecological competitors either absent or present at distributions of a species. The Chupadera springsnail has a low population levels. restricted geographic distribution. We derived the specific physical and Special Management Considerations or Endemic species whose populations biological features required for Protections Chupadera springsnail from studies of exhibit a high degree of isolation are this species’ habitat, ecology, and life extremely susceptible to extinction from When designating critical habitat, we history as described below. We have both random and nonrandom assess whether the proposed areas determined that Chupadera springsnail catastrophic natural or human-caused contain features that are essential to the requires the following physical and events. Therefore, it is essential to conservation of the species and may biological features: maintain the spring systems upon require special management which the Chupadera springsnail considerations and protections. Threats Space for Individual and Population depends. This means protection from to the physical and biological features Growth and Normal Behavior disturbance caused by exposure to cattle essential to the conservation of the The Chupadera springsnail occurs grazing, water contamination, water Chupadera springsnail include loss of where water emerges from the ground as depletion, springhead alteration, or spring flows due to groundwater a free-flowing spring and springbrook. nonnative species. The Chupadera pumping and drought, inundation of Within the spring ecosystem, proximity springsnail must, at a minimum, sustain springheads due to pond creation, to the springhead is important because its current distribution for the one degradation of water quality and habitat of the appropriate stable water remaining population to remain viable. due to livestock grazing or other chemistry and temperature, substrate, As discussed above (see Factor E: alteration of water chemistry, and the and flow regime. The Chupadera Other Natural or Manmade Factors introduction of nonnative predators and springsnail occurs in one spring in an Affecting Its Continued Existence), competitors. A more complete open foothill meadow at 1,620 m (5,315 introduced species are a serious threat discussion of the threats to the ft) elevation. The species has been to native aquatic species (Williams et al. Chupadera springsnail and its habitats

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can be found in ‘‘Summary of Factors this area to determine whether it was geographic information system (GIS) Affecting the Species’’ above. essential for the conservation of the program. There are no known developed species. areas such as buildings, paved areas, Criteria Used To Identify Critical To determine if the one currently and other structures that lack the Habitat occupied area (Willow Spring) contains biological features for the springsnail As required by section 4(b)(1)(A) of the primary constituent elements, we within the proposed critical habitat the Act, we use the best scientific and assessed the life-history components of areas. commercial data available to designate the Chupadera springsnail as they relate In summary, we propose designating critical habitat. We review all available to habitat. The springsnail requires critical habitat in areas that we information pertaining to the habitat unpolluted spring water in the determine are occupied at the time of requirements of the species. As part of springheads and springbrooks; listing and contain sufficient primary our review, in accordance with the Act periphyton and decaying organic constituent elements to support life- and its implementing regulation at 50 material for food; rock-derived history functions essential to the CFR 424.12(e), we consider whether substrates for egg laying, maturation, conservation of the species and require designating areas outside those feeding, and escape from predators; and special management, and areas outside currently occupied, as well as those absence of nonnative predators and the geographical area occupied at the occupied at the time of listing, are competitors. time of listing that we determine are necessary to ensure the conservation of To determine if the one site essential for the conservation of the species. We designate areas outside historically occupied by the Chupadera Chupadera springsnail. the geographical area occupied by a springsnail (unnamed spring) is species at the time of listing only when essential for the conservation of the Proposed Critical Habitat Designation a designation limited to its present Chupadera springsnail, we considered: We are proposing two units of critical range would be inadequate to ensure the (1) The importance of the site to the habitat for the Chupadera springsnail. conservation of the species. overall status of the species to prevent The critical habitat areas we describe For the purpose of designating critical extinction and contribute to future below constitute our current best habitat for Chupadera springsnail, we recovery of the Chupadera springsnail; assessment of areas that meet the define the occupied area based on the (2) whether the area could be restored definition of critical habitat for most recent surveys available, which are to contain the necessary physical and Chupadera springsnail. The two areas from 1999. There is only one area biological features to support the we propose as critical habitat are: (1) currently occupied. We then evaluated Chupadera springsnail; and (3) whether Willow Spring, which is currently (at whether this area contains the primary a population of the species could be the time of listing) occupied and constituent elements for the Chupadera reestablished at the site. contains the primary constituent springsnail and whether they require We plotted the known occurrences of elements; and (2) unnamed spring, special management. Next we the Chupadera springsnail in which is not currently (at the time of considered areas historically occupied, springheads and springbrooks on 2007 listing) occupied but is determined to be but not currently occupied. There is U.S. Geological Survey (USGS) Digital essential for the conservation of the only one area where the Chupadera Ortho Quarter Quad maps using species. The approximate area and land springsnail historically occurred but is ArcMap (Environmental Systems ownership of each proposed critical not currently occupied. We evaluated Research Institute, Inc.), a computer habitat unit is shown in table 1.

TABLE 1—OWNERSHIP AND APPROXIMATE AREA OF PROPOSED CRITICAL HABITAT UNITS FOR CHUPADERA SPRINGSNAIL

Estimated size of Critical habitat unit Land ownership by type unit in hectares (acres)

1. Willow Spring Unit ...... Private ...... 0.5 (1.4) 2. Unnamed Spring Unit ...... Private ...... 0.2 (0.5)

Total ...... 0.7 (1.9)

We present below brief descriptions includes the springhead, springbrook, primary constituent elements to support of the units and reasons why they meet small seeps and ponds, and the all of the Chupadera springsnail life the definition of critical habitat for seasonally wetted meadow associated processes. Threats to the primary Chupadera springsnail. with the spring downstream to the constituent elements in this unit that artificial berm. This spring is located may require special management Unit 1: Willow Spring Unit within the drainage of the Rio Grande, include the effects of cattle grazing, Unit 1 consists of approximately 0.5 approximately 2.7 km (1.7 mi) west of groundwater depletion, springhead or ha (1.4 ac) in Socorro County, New Interstate Highway 25. springbrook manipulation, water Mexico. When last visited in 1999, the The Willow Spring site has contamination, and potential proposed Willow Spring Unit was a wet documented occupancy of Chupadera competition from nonnative species. meadow with a springbrook that runs springsnail from 1979 to 1999 (Taylor Unit 2: Unnamed Spring Unit approximately 38 m (125 ft) before being 1987 p. 24; NMDGF 2004, p. 45). The impounded by a berm that crosses the current status of the population is Unit 2 consists of approximately 0.20 meadow. The entire unit is in private unknown, but absent information that ha (0.5 ac) in Socorro County, New ownership. We are proposing to indicates otherwise, we assume it Mexico. The entire unit is privately designate a single critical habitat unit persists at Willow Spring. The proposed owned. We are proposing to designate a that encompasses Willow Spring and Willow Spring Unit contains all the single critical habitat unit that

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encompasses the unnamed spring and adverse modification’’ (50 CFR 402.02) (1) Can be implemented in a manner includes the springhead, springbrook, (see Gifford Pinchot Task Force v. U.S. consistent with the intended purpose of small seeps and ponds, and the Fish and Wildlife Service, 378 F. 3d the action; seasonally wetted meadow associated 1059 (9th Cir. 2004) and Sierra Club v. (2) Can be implemented consistent with the spring. This spring is located U.S. Fish and Wildlife Service et al., 245 with the scope of the Federal agency’s within the drainage of the Rio Grande, F.3d 434, 442 (5th Cir. 2001)), and we legal authority and jurisdiction; approximately 2.7 km (1.7 mi) west of do not rely on this regulatory definition (3) Are economically and Interstate Highway 25, about 0.5 km (0.3 when analyzing whether an action is technologically feasible; and mi) north of Willow Spring. likely to destroy or adversely modify (4) Would, in the Director’s opinion, The proposed Unnamed Spring Unit critical habitat. Under the statutory avoid the likelihood of jeopardizing the is currently unoccupied by the provisions of the Act, we determine continued existence of the listed species Chupadera springsnail, but it was destruction or adverse modification on and/or avoid the likelihood of historically occupied (Taylor 1987, p. the basis of whether, with destroying or adversely modifying 24; Lang 1998, p. 36). The spring implementation of the proposed Federal critical habitat. appears to share a common aquifer and action, the affected critical habitat Reasonable and prudent alternatives similarities in water chemistry, would continue to serve its intended can vary from slight project temperature, and hydrology with conservation role for the species. modifications to extensive redesign or Willow Spring. The Unnamed Spring relocation of the project. Costs If a Federal action may affect a listed associated with implementing a Unit is essential to the conservation of species or its critical habitat, the the species because it is a site where reasonable and prudent alternative are responsible Federal agency (action similarly variable. Chupadera springsnail can be agency) must enter into consultation reintroduced. This area is important to with us. Examples of actions that are Application of the ‘‘Adverse prevent extinction of the Chupadera subject to the section 7 consultation Modification’’ Standard springsnail. When developing process are actions on State, Tribal, Regulations at 50 CFR 402.16 require conservation strategies for species local, or private lands that require a Federal agencies to reinitiate whose life histories are characterized by Federal permit (such as a permit from consultation on previously reviewed short generation time, small body size, the U.S. Army Corps of Engineers under actions in instances where we have high rates of population increase, and section 404 of the Clean Water Act (33 listed a new species or subsequently high habitat specificity, it is important U.S.C. 1251 et seq.) or a permit from the designated critical habitat that may be to maintain multiple populations as Service under section 10 of the Act) or affected and the Federal agency has opposed to protecting a single that involve some other Federal action retained discretionary involvement or population (Murphy et al. 1990, pp. 41– (such as funding from the Federal control over the action (or the agency’s 51). Having replicate populations is a Highway Administration, Federal discretionary involvement or control is recognized conservation strategy to Aviation Administration, or the Federal authorized by law). Consequently, protect species from extinction due to Emergency Management Agency). Federal agencies sometimes may need to catastrophic events (Soule 1985, p. 731). Federal actions not affecting listed request reinitiation of consultation with Some habitat restoration work may be species or critical habitat, and actions us on actions for which formal needed before Chupadera springsnail on State, Tribal, local, or private lands consultation has been completed, if could be reintroduced to the Unnamed that are not Federally funded or those actions with discretionary Spring Unit; however, creating a second authorized, do not require section 7 involvement or control may affect population is important for the long- consultation. subsequently listed species or term persistence of the species. As a result of section 7 consultation, designated critical habitat. Therefore, we conclude this spring is we document compliance with the The key factor related to the adverse essential to the conservation of the requirements of section 7(a)(2) through modification determination is whether, species. our issuance of: with implementation of the proposed Effects of Critical Habitat Designation (1) A concurrence letter for Federal Federal action, the affected critical habitat would continue to serve its Section 7 Consultation actions that may affect, but are not likely to adversely affect, listed species intended conservation role for the Section 7(a)(2) of the Act requires or critical habitat; or species. Activities that may destroy or Federal agencies, including the Service, adversely modify critical habitat are to ensure that any action they fund, (2) A biological opinion for Federal those that alter the physical and authorize, or carry out is not likely to actions that may affect, or are likely to biological features to an extent that jeopardize the continued existence of adversely affect, listed species or critical appreciably reduces the conservation any endangered species or threatened habitat. value of critical habitat for Chupadera species or result in the destruction or When we issue a biological opinion springsnail. As discussed above, the role adverse modification of designated concluding that a project is likely to of critical habitat is to support life- critical habitat of such species. In jeopardize the continued existence of a history needs of the species and provide addition, section 7(a)(4) of the Act listed species and/or destroy or for the conservation of the species. requires Federal agencies to confer with adversely modify critical habitat, we Section 4(b)(8) of the Act requires us the Service on any agency action which provide reasonable and prudent to briefly evaluate and describe, in any is likely to jeopardize the continued alternatives to the project, if any are proposed or final regulation that existence of any species proposed to be identifiable, that would avoid the designates critical habitat, activities listed under the Act or result in the likelihood of jeopardy and/or involving a Federal action that may destruction or adverse modification of destruction or adverse modification of destroy or adversely modify such proposed critical habitat. critical habitat. We define ‘‘reasonable habitat, or that may be affected by such Decisions by the 5th and 9th Circuit and prudent alternatives’’ (at 50 CFR designation. Courts of Appeals have invalidated our 402.02) as alternative actions identified Activities that may affect critical regulatory definition of ‘‘destruction or during consultation that: habitat, when carried out, funded, or

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authorized by a Federal agency, should Exclusions //www.regulations.gov, or by contacting result in consultation for the Chupadera the New Mexico Ecological Services Application of Section 4(b)(2) of the Act springsnail. These activities include, but Field Office directly (see FOR FURTHER are not limited to: Section 4(b)(2) of the Act states that INFORMATION CONTACT section). During the Secretary shall designate and make (1) Actions that would reduce the the development of a final designation, revisions to critical habitat on the basis we will consider economic impacts, quantity of water flow within the spring of the best available scientific data after systems proposed as critical habitat. public comments, and other new taking into consideration the economic information, and areas may be excluded (2) Actions that would modify the impact, national security impact, and from the final critical habitat springheads within the spring systems any other relevant impact of specifying designation under section 4(b)(2) of the proposed as critical habitat. any particular area as critical habitat. Act and our implementing regulations at (3) Actions that would degrade water The Secretary may exclude an area from 50 CFR 424.19. quality within the spring systems critical habitat if he determines that the benefits of such exclusion outweigh the Exclusions Based on National Security proposed for designation as critical Impacts habitat. benefits of specifying such area as part of the critical habitat, unless he Under section 4(b)(2) of the Act, we (4) Actions that would reduce the determines, based on the best scientific consider whether there are lands owned availability of coarse, firm aquatic data available, that the failure to or managed by the Department of substrates within the spring systems designate such area as critical habitat Defense (DOD) where a national security that are proposed as critical habitat. will result in the extinction of the impact might exist. In preparing this (5) Actions that would reduce the species. In making that determination, proposal, we have determined that the occurrence of native aquatic algae, and/ the statute on its face, as well as the lands within the proposed designation or periphyton within the spring systems legislative history, are clear that the of critical habitat for the Chupadera proposed as critical habitat. Secretary has broad discretion regarding springsnail are not owned or managed (6) Actions that would introduce, which factor(s) to use and how much by the DOD, and therefore, anticipate no promote, or maintain nonnative weight to give to any factor. impact to national security. There are no predators and competitors within the Under section 4(b)(2) of the Act, we areas proposed for exclusion based on spring systems proposed as critical may exclude an area from designated impacts on national security. habitat. critical habitat based on economic impacts, impacts on national security, Exclusions Based on Other Relevant Exemptions or any other relevant impacts. In Impacts Application of Section 4(a)(3) of the Act considering whether to exclude a Under section 4(b)(2) of the Act, we particular area from the designation, we consider any other relevant impacts, in The Sikes Act Improvement Act of identify the benefits of including the addition to economic impacts and 1997 (Sikes Act) (16 U.S.C. 670a) area in the designation, identify the impacts on national security. We required each military installation that benefits of excluding the area from the consider a number of factors including includes land and water suitable for the designation, and evaluate whether the whether the landowners have developed conservation and management of benefits of exclusion outweigh the any HCPs or other management plans natural resources to complete an benefits of inclusion. If the analysis for the area, or whether there are integrated natural resource management indicates that the benefits of exclusion conservation partnerships that would be plan by November 17, 2001. An INRMP outweigh the benefits of inclusion, the encouraged by designation of, or integrates implementation of the Secretary may exercise his discretion to exclusion from, critical habitat. In military mission of the installation with exclude the area only if such exclusion addition, we look at any Tribal issues, stewardship of the natural resources would not result in the extinction of the and consider the government-to- found on the base. species. government relationship of the United States with Tribal entities. We also The National Defense Authorization Exclusions Based on Economic Impacts consider any social impacts that might Act for Fiscal Year 2004 (Pub. L. 108– Under section 4(b)(2) of the Act, we 136) amended the Act to limit areas occur because of the designation. consider the economic impacts of In preparing this proposal, we have eligible for designation as critical specifying any particular area as critical determined that there are currently no habitat. Specifically, section 4(a)(3)(B)(i) habitat. In order to consider economic HCPs or other management plans for the of the Act (16 U.S.C. 1533(a)(3)(B)(i)) impacts, we are preparing an analysis of Chupadera springsnail, and the now provides: ‘‘The Secretary shall not the economic impacts of the proposed proposed designation does not include designate as critical habitat any lands or critical habitat designation and related any Tribal lands or trust resources. We other geographical areas owned or factors. Potential land use sectors that anticipate no impact to Tribal lands, controlled by the Department of may be affected by Chupadera partnerships, or HCPs from this Defense, or designated for its use, that springsnail critical habitat designation proposed critical habitat designation. are subject to an integrated natural include grazing, groundwater There are no areas proposed for resources management plan prepared withdrawals, and subdivision exclusion from this proposed under section 101 of the Sikes Act (16 development. We also consider any designation based on other relevant U.S.C. 670a), if the Secretary determines social impacts that might occur because impacts. in writing that such plan provides a of the designation. benefit to the species for which critical We will announce the availability of Peer Review habitat is proposed for designation.’’ the draft economic analysis as soon as In accordance with our joint policy on There are no Department of Defense it is completed, at which time we will peer review published in the Federal lands within the proposed critical seek public review and comment. At Register on July 1, 1994 (59 FR 34270), habitat designation, and therefore there that time, copies of the draft economic we will seek the expert opinions of at are no exemptions under section 4(a)(3) analysis will be available for least three appropriate and independent of the Act. downloading from the Internet at http: specialists regarding this proposed rule.

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The purpose of peer review is to ensure Regulatory Flexibility Act (5 U.S.C. 601 information and provide the necessary that our critical habitat designation is et seq.) opportunity for public comment. based on scientifically sound data, Under the Regulatory Flexibility Act Energy Supply, Distribution, or Use assumptions, and analyses. We have (RFA; 5 U.S.C. 601 et seq.) as amended Executive Order 13211 requires invited these peer reviewers to comment by the Small Business Regulatory agencies to prepare Statements of during this public comment period on Enforcement Fairness Act (SBREFA) of Energy Effects when undertaking certain our specific assumptions and 1996 (5 U.S.C 801 et seq.), whenever an actions. This proposed rule to designate conclusions in this proposed agency must publish a notice of critical habitat for the Chupadera designation of critical habitat. rulemaking for any proposed or final We will consider all comments and springsnail is not a significant rule, it must prepare and make available regulatory action under Executive Order information received during this for public comment a regulatory comment period on this proposed rule 12866, and we do not expect it to flexibility analysis that describes the during our preparation of a final significantly affect energy supplies, effects of the rule on small entities determination. Accordingly, the final distribution, or use. Therefore, this (small businesses, small organizations, decision may differ from this proposal. action is not a significant energy action, and small government jurisdictions). and no Statement of Energy Effects is Public Hearings However, no regulatory flexibility required. We will further evaluate Section 4(b)(5) of the Act provides for analysis is required if the head of the energy-related issues as we conduct our one or more public hearings on this agency certifies the rule will not have a economic analysis, and review and proposal, if requested. Requests must be significant economic impact on a revise this assessment as warranted. received within 45 days after the date of substantial number of small entities. publication of this proposed rule in the The SBREFA amended the RFA to Unfunded Mandates Reform Act Federal Register. Such requests must be require Federal agencies to provide a In accordance with the Unfunded sent to the address shown in the certification statement of the factual Mandates Reform Act (2 U.S.C. 1501 et ADDRESSES section. We will schedule basis for certifying that the rule will not seq.), we make the following findings: public hearings on this proposal, if any have a significant economic impact on (1) This rule will not produce a are requested, and announce the dates, a substantial number of small entities. Federal mandate. In general, a Federal times, and places of those hearings, as At this time, we lack the available mandate is a provision in legislation, well as how to obtain reasonable economic information necessary to statute, or regulation that would impose accommodations, in the Federal provide an adequate factual basis for the an enforceable duty upon State, local, or Register and local newspapers at least required RFA finding. Therefore, we Tribal governments, or the private 15 days before the hearing. defer the RFA finding until completion sector, and includes both ‘‘Federal Persons needing reasonable of the draft economic analysis prepared intergovernmental mandates’’ and accommodations to attend and under section 4(b)(2) of the Act and ‘‘Federal private sector mandates.’’ participate in a public hearing should Executive Order 12866. This draft These terms are defined in 2 U.S.C. contact the New Mexico Ecological economic analysis will provide the 658(5)–(7). ‘‘Federal intergovernmental Services Field Office at 505–346– 2525, required factual basis for the RFA mandate’’ includes a regulation that as soon as possible. To allow sufficient finding. Upon completion of the draft ‘‘would impose an enforceable duty time to process requests, please call no economic analysis, we will announce upon State, local, or Tribal later than one week before the hearing availability of the draft economic governments’’ with two exceptions. It date. Information regarding this analysis of the proposed designation in excludes ‘‘a condition of Federal proposed rule is available in alternative the Federal Register and reopen the assistance.’’ It also excludes ‘‘a duty formats upon request. public comment period for the proposed arising from participation in a voluntary designation. We will include with this Federal program,’’ unless the regulation Required Determinations announcement, as appropriate, an initial ‘‘relates to a then-existing Federal Regulatory Planning and Review— regulatory flexibility analysis or a program under which $500,000,000 or Executive Order 12866 certification that the rule will not have more is provided annually to State, The Office of Management and Budget a significant economic impact on a local, and Tribal governments under (OMB) has determined that this rule is substantial number of small entities entitlement authority,’’ if the provision not significant and has not reviewed accompanied by the factual basis for would ‘‘increase the stringency of this proposed rule under Executive that determination. On the basis of the conditions of assistance’’ or ‘‘place caps Order 12866 (Regulatory Planning and development of our proposal, we have upon, or otherwise decrease, the Federal Review). OMB bases its determination identified certain sectors and activities Government’s responsibility to provide upon the following four criteria: that may potentially be affected by a funding,’’ and the State, local, or Tribal (1) Whether the rule will have an designation of critical habitat for the governments ‘‘lack authority’’ to adjust annual effect of $100 million or more on Chupadera springsnail. These sectors accordingly. At the time of enactment, the economy or adversely affect an include grazing, groundwater these entitlement programs were: economic sector, productivity, jobs, the withdrawals, and subdivision Medicaid; Aid to Families with environment, or other units of the development. We recognize that not all Dependent Children work programs; government. of these sectors may qualify as small Child Nutrition; Food Stamps; Social (2) Whether the rule will create business entities. We have concluded Services Block Grants; Vocational inconsistencies with other Federal that deferring the RFA finding until Rehabilitation State Grants; Foster Care, agencies’ actions. completion of the draft economic Adoption Assistance, and Independent (3) Whether the rule will materially analysis is necessary to meet the Living; Family Support Welfare affect entitlements, grants, user fees, purposes and requirements of the RFA. Services; and Child Support loan programs, or the rights and Deferring the RFA finding in this Enforcement. ‘‘Federal private sector obligations of their recipients. manner will ensure that we make a mandate’’ includes a regulation that (4) Whether the rule raises novel legal sufficiently informed determination ‘‘would impose an enforceable duty or policy issues. based on adequate economic upon the private sector, except (i) a

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condition of Federal assistance or (ii) a required. In keeping with Department of Reduction Act of 1995 (44 U.S.C. 3501 duty arising from participation in a the Interior and Department of et seq.). This rule will not impose voluntary Federal program.’’ Commerce policy, we requested recordkeeping or reporting requirements The designation of critical habitat information from, and coordinated on State or local governments, does not impose a legally binding duty development of, this proposed critical individuals, businesses, or on non-Federal Government entities or habitat designation with appropriate organizations. An agency may not private parties. Under the Act, the only State resource agencies in New Mexico. conduct or sponsor, and a person is not regulatory effect is that Federal agencies The designation of critical habitat on required to respond to, a collection of must ensure that their actions do not lands currently occupied by the information unless it displays a destroy or adversely modify critical Chupadera springsnail imposes no currently valid OMB control number. habitat under section 7. While non- additional restrictions to those currently Federal entities that receive Federal in place and, therefore, has little National Environmental Policy Act (42 funding, assistance, or permits, or that incremental impact on State and local U.S.C. 4321 et seq.) otherwise require approval or governments and their activities. The It is our position that, outside the authorization from a Federal agency for designation may have some benefit to jurisdiction of the U.S. Court of Appeals an action, may be indirectly impacted these governments because the areas for the Tenth Circuit, we do not need to by the designation of critical habitat, the that contain the features essential to the prepare environmental analyses legally binding duty to avoid conservation of the species are more pursuant to the National Environmental destruction or adverse modification of clearly defined, and the primary Policy Act (NEPA; 42 U.S.C. 4321 et critical habitat rests squarely on the constituent elements of the habitat seq.) in connection with designating Federal agency. Furthermore, to the necessary to the conservation of the critical habitat under the Act. We extent that non-Federal entities are species are specifically identified. This published a notice outlining our reasons indirectly impacted because they information does not alter where and for this determination in the Federal receive Federal assistance or participate what Federally sponsored activities may Register on October 25, 1983 (48 FR in a voluntary Federal aid program, the occur. However, it may assist local 49244). This position was upheld by the Unfunded Mandates Reform Act would governments in long-range planning U.S. Court of Appeals for the Ninth not apply, nor would critical habitat (rather than having them wait for case- Circuit (Douglas County v. Babbitt, 48 shift the costs of the large entitlement by-case section 7 consultations to F.3d 1495 (9th Cir. 1995), cert. denied programs listed above onto State occur). 516 U.S. 1042 (1996)). However, when governments. Where State and local governments the range of the species includes States (2) We do not expect this rule to require approval or authorization from a within the Tenth circuit, such as that of significantly or uniquely affect small Federal agency for actions that may the Chupadera springsnail, under the governments because the proposed affect critical habitat, consultation Tenth Circuit ruling in Catron County designation is on private land. Small under section 7(a)(2) would be required. Board of Commissioners v. U.S. Fish governments will be affected only to the While non-Federal entities that receive and Wildlife Service, 75 F.3d 1429 (10th extent that any programs having Federal Federal funding, assistance, or permits, Cir. 1996), we will undertake a NEPA funds, permits, or other authorized or that otherwise require approval or analysis for critical habitat designation. activities must ensure that their actions authorization from a Federal agency for We will prepare an environmental will not adversely affect the critical an action, may be indirectly impacted assessment for the proposed designation habitat. Therefore, we do not believe a by the designation of critical habitat, the of critical habitat for the Chupadera Small Government Agency Plan is legally binding duty to avoid springsnail and notify the public of the required. However, we will further destruction or adverse modification of availability of the draft environmental evaluate this issue as we conduct our critical habitat rests squarely on the assessment. economic analysis, and review and Federal agency. revise this assessment as warranted. Clarity of the Rule Civil Justice Reform Takings—Executive Order 12630 We are required by Executive Orders In accordance with Executive Order 12866 and 12988 and by the In accordance with E.O. 12630 12988 (Civil Justice Reform), the Office Presidential Memorandum of June 1, (Government Actions and Interference of the Solicitor has determined that the 1998, to write all rules in plain with Constitutionally Protected Private rule does not unduly burden the judicial language. This means that each rule we Property Rights), we will analyze the system and that it meets the publish must: potential takings implications of requirements of sections 3(a) and 3(b)(2) (1) Be logically organized; designating critical habitat for the of the Order. We have proposed (2) Use the active voice to address Chupadera springsnail in a takings designating critical habitat in readers directly; implications assessment. The takings accordance with the provisions of the (3) Use clear language rather than implications assessment will determine Act. This proposed rule uses standard jargon; whether this designation of critical property descriptions and identifies the (4) Be divided into short sections and habitat for the Chupadera springsnail elements of physical and biological sentences; and poses significant takings implications features essential to the conservation of (5) Use lists and tables wherever for lands within or affected by the the Chupadera springsnail within the possible. proposed revised designation. We will designated areas to assist the public in If you feel that we have not met these further evaluate this issue as we understanding the habitat needs of the requirements, send us comments by one conduct our economic analysis. species. of the methods listed in the ADDRESSES section. To better help us revise the Federalism—Executive Order 13132 Paperwork Reduction Act of 1995 (44 rule, your comments should be as In accordance with E.O. 13132 U.S.C. 3501 et seq.) specific as possible. For example, you (Federalism), this proposed rule does This rule does not contain any new should tell us the numbers of the not have significant Federalism effects. collections of information that require sections or paragraphs that are unclearly A Federalism assessment is not approval by OMB under the Paperwork written, which sections or sentences are

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too long, the sections where you feel We determined that there are no Services Office (see FOR FURTHER lists or tables would be useful, etc. Tribal lands that were occupied by the INFORMATION CONTACT). Chupadera springsnail at the time of List of Subjects in 50 CFR Part 17 Government-to-Government listing that contain the features essential Relationship With Tribes for conservation of the species, and no Endangered and threatened species, Exports, Imports, Reporting and In accordance with the President’s Tribal lands unoccupied by the recordkeeping requirements, and memorandum of April 29, 1994 Chupadera springsnail that are essential for the conservation of the species. Transportation. (Government-to-Government Relations Therefore, we are not proposing to with Native American Tribal Regulation Promulgation designate critical habitat for the Governments; 59 FR 22951), Executive Chupadera springsnail on Tribal lands. Accordingly, we propose to amend Order 13175 (Consultation and part 17, subchapter B of chapter I, title Coordination With Indian Tribal Data Quality Act 50 of the Code of Federal Regulations, Governments), and the Department of In developing this rule we did not as set forth below: the Interior’s manual at 512 DM 2, we conduct or use a study, experiment, or PART 17—[AMENDED] readily acknowledge our responsibility survey requiring peer review under the to communicate meaningfully with data Quality Act (Pub. L. 106–554). 1. The authority citation for part 17 recognized Federal Tribes on a continues to read as follows: government-to-government basis. In References Cited accordance with Secretarial Order 3206 Authority: 16 U.S.C. 1361–1407; 16 U.S.C. A complete list of all references cited 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– of June 5, 1997 (American Indian Tribal in this rule is available on the Internet 625, 100 Stat. 3500, unless otherwise noted. Rights, Federal-Tribal Trust at http://www.regulations.gov or upon 2. In § 17.11(h) add an entry for Responsibilities, and the Endangered request from the Field Supervisor, New Species Act), we readily acknowledge ‘‘Springsnail, Chupadera’’ to the List of Mexico Ecological Services Field Office Endangered and Threatened Wildlife in our responsibilities to work directly (see FOR FURTHER INFORMATION CONTACT with Tribes in developing programs for alphabetical order under SNAILS to section). read as follows: healthy ecosystems, to acknowledge that Author(s) Tribal lands are not subject to the same § 17.11 Endangered and threatened controls as Federal public lands, to The primary authors of this document wildlife. remain sensitive to Indian culture, and are the staff members of the New * * * * * to make information available to Tribes. Mexico Ecological Services Field (h) * * *

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

******* SNAILS

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

*******

3. In § 17.95, amend paragraph (f) by springbrooks, seeps, ponds, and Quarter UTM coordinates in ArcMap adding an entry for ‘‘Chupadera seasonally wetted meadows containing: (Environmental Systems Research springsnail (Pyrgulopsis chupaderae)’’ (i) Unpolluted spring water (free from Institute, Inc.), a computer GIS program. in the same alphabetical order that the contamination) emerging from the (5) Unit 1: Willow Spring, Socorro species appears in the table at ground and flowing on the surface; County, New Mexico. § 17.11(h), to read as follows: (ii) Periphyton (an assemblage of (i) The critical habitat area includes algae, bacteria, and microbes) and the springhead, springbrook, small § 17.95 Critical habitat—fish and wildlife. decaying organic material for food; seeps and ponds, seasonally wetted * * * * * (iii) Substrates that include cobble, meadow, and all of the associated spring (f) Clams and Snails. gravel, pebble, sand, silt, and aquatic features. This area is approximately 0.5 * * * * * vegetation, for egg laying, maturing, ha (1.4 ac) around the following feeding, and escape from predators; and coordinates: Easting 316889, northing Chupadera Springsnail (Pyrgulopsis (iv) Nonnative predators and 3743013 (Universal Transverse Mercator chupaderae) competitors either absent or present at Zone 13 using North American Datum (1) Critical habitat units are depicted low population levels. of 1983). for Socorro County, New Mexico, on the (3) Critical habitat does not include (6) Unit 2: Unnamed Spring, Socorro map below. manmade structures (such as buildings, County, New Mexico. (2) Within these areas, the primary roads, and other paved areas, and the (i) The critical habitat area includes constituent elements of the physical and land on which they are located) existing the springhead, springbrook, small biological features essential to the on the effective date of this rule. seeps and ponds, seasonally wetted conservation of the Chupadera (4) Critical habitat map units were meadow, and all of the associated spring springsnail consist of springheads, plotted on 2007 USGS Digital Ortho features. This area is approximately 0.2

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ha (0.5 ac) around the following Zone 13 using North American Datum (ii) Note: Map of Units 1 and 2 coordinates: Easting 317048, northing of 1983). follows: 3743418 (Universal Transverse Mercator

* * * * * SUMMARY: We, the U.S. Fish and interested parties an opportunity to Dated: June 13, 2011. Wildlife Service (Service), announce the comment simultaneously on the revised Rachel Jacobson, reopening of the comment period on our proposed rule, the associated DEA, and February 22, 2011, proposal to revise the amended required determinations Acting Assistant Secretary for Fish and the designation of critical habitat for the section. Comments previously Wildlife and Parks. Rhadine exilis (ground beetle, no submitted on this rulemaking do not [FR Doc. 2011–19444 Filed 8–1–11; 8:45 am] common name); Rhadine infernalis need to be resubmitted, as they will be BILLING CODE 4310–55–P (ground beetle, no common name); fully considered in preparation of the Helotes mold beetle (Batrisodes final rule. venyivi); Cokendolpher Cave DEPARTMENT OF THE INTERIOR DATES: Comments: The comment period harvestman (Texella cokendolpheri); for the proposed rule published Fish and Wildlife Service Robber Baron Cave meshweaver February 22, 2011, at 76 FR 0872 is (Cicurina baronia); Madla Cave reopened. We will accept comments 50 CFR Part 17 meshweaver (Cicurina madla); and received on or before September 1, Braken Bat Cave meshweaver (Cicurina 2011. Comments must be received by [Docket No. FWS–R2–ES–2010–0091; MO venii); and the proposed designation of 11:59 p.m. Eastern Time on the closing 92210–0–0009] critical habitat for the Government date. Any comments that we receive Canyon Bat Cave meshweaver (Cicurina after the closing date may not be RIN 1018–AX11 vespera) and Government Canyon Bat considered in the final decision on this Cave spider (Neoleptoneta microps) action. Endangered and Threatened Wildlife under the Endangered Species Act of Public Hearing: We will hold a public and Plants; Designation of Critical 1973, as amended (Act). These species hearing on August 17, 2011, at the Casa Habitat for Nine Bexar County are collectively known as the nine Bexar Helotes Senior Citizen Center, 12070 Invertebrates County invertebrates. We also announce Leslie Road, Helotes, Texas. The hearing AGENCY: Fish and Wildlife Service, the availability of a draft economic is open to all who wish to provide Interior. analysis (DEA), an amended required formal, oral comments regarding the determinations section of the proposal, proposed critical habitat rule, and will ACTION: Proposed Rule; reopening of and a public hearing. We are reopening be held from 6:15 p.m. to 7:50 p.m., comment period. the comment period to allow all with an informational session before the

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