Federal Register / Vol. 65, No. 38 / Friday, February 25, 2000 / Rules and Regulations 10033

Headquarters before initiating any 1825.7003 International agreements. SUMMARY: We, the U.S. Fish and foreign contract acquisition if the Office of Procurement (Code HS) Wildlife Service, determine the armored acquisition is valued above $100,000 or concurrence is required for all snail (Pyrgulopsis (=Marstonia) pachyta) involves export control issues. An Memoranda of Understanding with and slender (Campeloma acquisition involves export control foreign entities and for other types of decampi) to be endangered issues if it entails— international agreements which under the Endangered Species Act of (1) Importing or exporting goods or contemplate the procurement of goods 1973, as amended (Act). The armored technical data from or to a country or services using U.S. appropriated snail occurs only in Piney and listed in 22 CFR 126.1(a) or 126.1(d) funds. No Code H concurrence is Limestone Creeks, Limestone County, (Subchapter M, the International Traffic required for agreements which are done Alabama. The range of the slender in Arms Regulations) (http:// solely on a cooperative basis. campeloma has been reduced (Aquatic www.pmdtc.org/itar2.htm); Resources Center (ARC) 1997) by at least (2) Importing or exporting Defense PART 1852ÐSOLICITATION three-quarters from its historical Articles or Defense Services on the PROVISIONS AND CONTRACT distribution and the species now occurs United States Munitions List at 22 CFR CLAUSES only in Round Island, Piney, and part 121 which would require NASA to Limestone Creeks, Limestone County, obtain a license from the State 4. Add section 1852.225–8 to read as Alabama. These species are now in a Department’s Office of Defense Trade follows: particularly precarious position, being Controls; 1852.225±8 Duty-free entry of space restricted to a few isolated sites along (3) Exporting goods or technical data articles. two or three short river reaches. Siltation and other pollutants from poor on the Commerce Control List at 15 CFR As prescribed in 1825.1101(e), add land-use practices and waste discharges part 774 and that require NASA to the following paragraph (k) to the basic are contributing to the general obtain either a Special or an Individual clause at FAR 52.225–8: Validated License; deterioration of water quality, likely (4) Importing and/or exporting goods (k) The following supplies will be given affecting these species. This action duty-free entry: or technical data from or to an entity implements the protection of the Act for [Insert the supplies that are to be accorded these two snails. listed in 15 CFR part 740, Supplement duty-free entry.] 1, Country Group D; or (End of addition) EFFECTIVE DATE: March 27, 2000. (5) Exporting and/or importing of ADDRESSES: The complete file for this goods, technology, or services to or from 5. Amend the introductory text of rule is available for inspection, by any entity subject to transaction control, section 1852.225–70 and Alternate I to appointment, during normal business embargo, or sanctions pursuant to 31 section 1852.225–70 by deleting hours at the Asheville Field Office, U.S. CFR Chapter V. ‘‘1825.970–2’’ and adding ‘‘1825.1103– Fish and Wildlife Service, 160 Zillicoa (b) Procedure. 70(b)’’ in its place. Street, Asheville, North Carolina 28801. (1) The Headquarters or field 1852.225±71 and 1852.225±7 [Removed] FOR FURTHER INFORMATION CONTACT: Mr. installation technical office requiring a J. Allen Ratzlaff (see ADDRESSES foreign contract acquisition meeting any 6. Remove sections 1852.225–71 and 1852.225–73. section), telephone 828/258–3939, Ext. of the criteria listed in paragraph (a) of 229; or Mr. Larry Goldman, Field this section must submit the following PART 1853ÐFORMS Supervisor, P.O. Box 1190, 1208–B information to the Headquarters Office Main Street, Daphne, Alabama 36526, of External Relations (Code I) through 7. Add Section 1853.225 to read as telephone 334/441–5181. the contracting officer and the follows: SUPPLEMENTARY INFORMATION: Headquarters Office of Procurement 1853.225 Foreign Acquisition (Customs Background (Code HS)— Form 7501). (i) The name of the foreign entity, the Thompson (1977) described the country or countries involved, and the Customs Form 7501, Entry Summary. armored snail (Marstonia pachyta), and purpose of the contract; Prescribed in 1825.903 and 14 CFR Hershler and Thompson (1987) later (ii) The Space Act agreement(s) 1217.104. reassigned it to the genus Pyrgulopsis. involved, if any; [FR Doc. 00–4387 Filed 2–24–00; 8:45 am] The armored snail is a small, (iii) A description of the goods or BILLING CODE 7510±01±P presumably annual, species (usually technical data requiring prior written less than 4 millimeters (mm) (0.16 inch approval or the issuance of the license (in)) in length) (Thompson 1984). It is for their import or export from the DEPARTMENT OF THE INTERIOR distinguished from other closely related Departments of Commerce, State, or species by the characteristics of both its Treasury; and Fish and Wildlife Service verge (male reproductive organ) and (iv) The reason why the acquisition is shell. The armored snail has a small being placed with a foreign entity. 50 CFR Part 17 raised gland on the ventral surface of (2) All coordination required between the verge (a trait common only with the NASA and the Departments of RIN 1018±AF29 beaverpond snail (P. castor) of this Commerce, State, and Treasury genus) and two small glands along the regarding foreign contract acquisitions Endangered and Threatened Wildlife left margin of the apical (tip) lobe. The shall be accomplished through the and Plants; Endangered Status for the apical lobe is smaller than in most Headquarters Office of External Armored Snail and Slender species of Pyrgulopsis (Thompson Relations (Code I). Campeloma 1977). Garner (1993) noted some (3) The lead-time for obtaining an AGENCY: Fish and Wildlife Service, variation in verge characteristics (more export license is 60 to 90 days. Requests Interior. developed apical lobes), but attributed for Headquarters clearance should be the differences to temporal changes in ACTION: Final rule. initiated as early as possible. verge morphology throughout the

VerDate 162000 19:27 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\25FER1.SGM pfrm11 PsN: 25FER1 10034 Federal Register / Vol. 65, No. 38 / Friday, February 25, 2000 / Rules and Regulations annual life cycle. The shell is easily and marginal teeth simple with very Burch (1989) described the range for identified by its ovate-conical shape, its fine, difficult-to-distinguish cusps Campeloma decampi as Jackson, pronounced thickness, and its complete (points); shell narrow, relatively thin, Limestone, and Madison Counties, peristome (edge of the opening). Other generally with prominent raised spiral Alabama. These counties all lie along Pyrgulopsis species with ovate-conical lines. the north side of the Tennessee River. shells have much thinner, almost The is easily However, the type locality of C. transparent shells, and the peristome is distinguished from the sympatric (two decampi is Decatur, Alabama, in seldom complete across the parietal or more closely related species Morgan County, across the river from margin (area along the opening abutting occupying identical or overlapping Limestone County (Clench 1962). the main body of the shell) of the territories) (a Clench and Turner (1955) identified aperture (opening) (Thompson 1977). widespread and common species in museum specimens of several The armored snail occurs only in northern Alabama) by the presence of Campeloma decampi from several Piney and Limestone Creeks, Limestone fine sculpture in the form of faint localities in northern Alabama. These County, Alabama (Garner 1993, Hershler striations and a relatively higher spire sites were located primarily on stream 1994, ARC 1997), and has never been on the shell of C. decampi. Many C. impoundments and included Swan and noted outside this area. Piney Creek was decampi specimens have strongly Bass Lakes, Limestone County, Brim a tributary to Limestone Creek prior to developed ridges, referred to as axial (=Braham) and Byrd Lakes, Madison the construction of Wheeler Lake on the growth ridges by Clench and Turner County, and an unspecified locality in Tennessee River. Thus, the two (1955). All whorls in juveniles and early Jackson County. Surveys conducted in populations of the armored snail are whorls in adults are carinate (keel- 1996 (ARC 1997) found no Swan Lake likely remnants of a once larger shaped). The shell of C. decisum is in North Alabama. A lake by that name population. No entire population of the smooth, without carination. was apparently located in Limestone armored snail is known to have been County, across the river from Decatur, Campeloma decampi is typically lost. Armored snails are generally found but was inundated by Wheeler found burrowing in soft sediment (sand among submerged tree roots and Reservoir. This was likely the ‘‘Decatur’’ and/or mud) or detritus. It does not bryophytes (nonflowering plants locality (type) mentioned in Clench appear abundant at any site, and the comprising mosses and liverworts) (1962). Brim (=Braham) Lake was spotty distribution appears consistent along stream margins in areas of slow to surveyed, but no C. decampi were with other Campeloma species moderate flow. Occasionally they are found, though another viviparid found in the submerged detritus (Bovbjerg 1952; Medcof 1940; van der (Viviparus georgianus) was abundant at (organic matter and rock fragments) Schalie 1965). Several size classes were the site. Byrd Spring, on Redstone along pool edges. found in 1996, ranging from 5 to 31 mm Arsenal, was not accessible. The armored snail is in a particularly (0.2 to 1.24 in) in shell height, Based on the 1996 surveys (ARC precarious position because it is indicating reproducing populations 1997), the range of Campeloma decampi restricted to a few isolated sites along (ARC 1997). Biologists have not studied has been reduced by at least three- two short river reaches. Inhabited sites the life history of C. decampi. Based on quarters from its historical distribution, appear to be rather small, covering only other studies of species in the genus and existing populations are now a few square meters. Campeloma, a genus exclusive to North isolated by Wheeler Reservoir. The The slender campeloma belongs to the America, we can infer a few generalities. species is now in a particularly ovoviviparous family . All Van Cleave and Altringer (1937), in precarious position, being restricted to a species in this family give birth to their study of C. rufum in Illinois, found few isolated sites along three short young crawling snails rather than laying gravid females year-round, peaking in stream reaches—Limestone, Piney, and eggs that hatch in an external May, and with the most barren females Round Island Creeks. environment. The sexes are separate in in June. Parturition (giving birth) was the Viviparidae, with males being also most active in May but extended Previous Federal Action distinguishable by their modified right until September first. Chamberlain In notices of review published in the tentacle that serves as a copulatory (1958) found similar results with C. Federal Register on January 6, 1989 (54 organ. This modified tentacle in males decisum in North Carolina (parturition FR 554), November 21, 1991 (56 FR is shorter and thicker than the left extending from mid-March until the end 58804), and November 15, 1994 (59 FR tentacle or either of the bilaterally of June), as did Medcof (1940) in his 58982), we identified the armored snail symmetrical tentacles of the females study of C. decisum in Ontario as a category 2 candidate species. We (Burch and Vail 1982). (parturition extending from March to identified the slender campeloma as a Burch and Vail (1982) describe the September). Van Cleave and Altringer category 2 species in the notice of slender campeloma (Campeloma (1937) and van der Schalie (1965), in review published in the Federal decampi) (‘‘Currier’’ Binney 1865) as their work with C. ponderosum Register on November 15, 1994 (59 FR follows: Shell medium to large but coarctatum, both found females carrying 58982). At that time a category 2 species generally less than 35 mm (1.40 in) in young in the uterus over winter. Given was one that was being considered for length; shell without spiral nodules; the wide range of sizes found by ARC possible addition to the Federal List of outer margin of shell aperture not (1997), the timing of parturition and the Endangered and Threatened Wildlife concave and its oblique angle to the ability of females to overwinter young in and Plants, but for which conclusive shell axis not exaggerated; columellar the uterus are likely similar for C. data on biological vulnerability and margin of operculum (plate that closes decampi. However, it should be noted threats were not available to support a the shell when the snail is retracted) not that C. rufum and C. decisum are proposed rule. We discontinued reflected inward; operculum entirely parthenogenic (production of young by designation of category 2 status in our concentric, including its nucleus; females without fertilization by males), February 28, 1996, notice of review (61 whorls without spiral angles, ridges, or as several of the northern Campeloma FR 7956). We approved the two snails sulci (grooves); shells without spiral species appear to be. The food habits of in this final rule as candidate species on color bands; length of aperture the slender campeloma are not known, August 29, 1997. A candidate species is noticeably greater than width; lateral but they likely feed on detritus. defined as a species for which we have

VerDate 162000 11:55 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\25FER1.SGM pfrm01 PsN: 25FER1 Federal Register / Vol. 65, No. 38 / Friday, February 25, 2000 / Rules and Regulations 10035 on file sufficient information on phone call questioning two of the National Association of Home Builders biological vulnerability and threats to threats (toxic chemical spills and chip v. Babbitt, 130 F.3d 1041 (D.C. Cir. support the issuance of a proposed rule. mills) identified for the two snails but 1997), cert. denied, 1185 S. Ct. 2340 On October 20, 1993, we notified not opposing the listing. We received (1998). That case involved a challenge potentially affected Federal and State one letter in opposition to the listing to application of the Act’s prohibitions agencies, local governments, and stating that listing the two snails is to protect the listed Delhi Sands flower- interested individuals within the unconstitutional because ‘‘Limitations loving fly (Rhaphiomidas terminatus species’ present range that a status imposed by the Commerce clause abdominalis). As with these species, the review was being conducted for the require the Fish and Wildlife Service to Delhi Sands flower-loving fly is armored snail. We did not receive any demonstrate that species regulation has endemic to only one state. Judge Wald objections to the potential listing of the a substantial effect on interstate held that application of the Act’s armored snail. We did not send commerce,’’ and because ‘‘Protection of prohibition against taking of endangered notification letters regarding the slender the species in the proposed rule bears species to this fly was a proper exercise campeloma because the species’ no relation to interstate commerce.’’ of Commerce Clause power to regulate— distribution is so similar to that of the Below, we discuss these issues and our (1) use of channels of interstate armored snail. response to each. commerce; and (2) activities On October 28, 1998, we published a Issue 1: Toxic chemicals spills due to substantially affecting interstate proposed rule (63 FR 57642) to list the numerous road crossings are not a commerce, because it prevented loss of Campeloma decampi and Pyrgulopsis significant threat to the snails. biodiversity and destructive interstate pachyta as endangered. Response: We do not consider toxic competition. Judge Henderson upheld The processing of this final rule chemical spills to be imminent threats protection of the fly because doing so conforms with our Listing Priority to these two species; however, the prevents harm to the ecosystem upon Guidance published in the Federal impacts of such an event on any of the which interstate commerce depends, Register on October 22, 1999 (64 FR three creeks involved could eliminate and regulates commercial development 57114). The guidance clarifies the order one-third to one-half of the populations that is part of interstate commerce. in which we will process rulemakings. of one or both of these species. Highest priority is processing Therefore, toxic spills are considered a Peer Review emergency listing rules for any species potential threat. In conformance with our policy on determined to face a significant and Issue 2: Chip mills were specifically peer review, published on July 1, 1994 imminent risk to its well-being (Priority pointed out as a threat because they act (59 FR 34270), we solicited the expert 1). Second priority (Priority 2) is as a ‘‘lightning rod to incite opinions of independent specialists processing final determinations on environmental organization.’’ regarding pertinent scientific or proposed additions to the lists of Response: We specifically pointed out commercial data and assumptions endangered and threatened wildlife and chip mills as a threat because they have relating to the supportive biological and plants. Third priority is processing new the potential to harvest a larger area of ecological information for the armored proposals to add species to the lists. The land as compared to typical logging snail and slender campeloma. The processing of administrative petition operations. However, if areas harvested purpose of such review is to ensure that findings (petitions filed under section 4 for chip mills observe best management the listing decision is based on the best of the Act) is the fourth priority. The practices, it is unlikely they will have scientific and commercial information processing of critical habitat any more effect than other land-clearing available, as well as to ensure that determinations (prudency and activities. reviews by appropriate experts and determinability decisions) and proposed Issue 3: ‘‘Piney and Limestone Creeks specialists are included into the review or final designations of critical habitat are in the path of a proposed rock process of rulemakings. will no longer be subject to quarry. * * * If these species are We solicited information and prioritization under the Listing Priority endangered, the quarry could only help opinions from State and Federal Guidance. The processing of this final to speed along the extinction of the resource agencies, as well as academic rule is a Priority 2. We have updated snails.’’ institutions. We asked them to provide this rule to reflect any changes in Response: We agree that a rock quarry any relevant scientific data relating to information concerning distribution, could pose a threat to the species, and , distribution, or supporting status and threats since the publication we will consult with the appropriate biological and ecological data used in of the proposed rule. agencies or individuals when the action the analysis of the factors for listing. is under our purview. For more details None of the reviewers objected to the Summary of Comments and on the section 7 consultation process proposed rule or to the biological Recommendations see the ‘‘Available Conservation information supporting the rule. In the October 28, 1998, proposed rule Measures’’ section of this final rule. (63 FR 57642) and associated Issue 4: ‘‘Limitations imposed by the Summary of Factors Affecting the notifications, we requested that all Commerce clause require the Fish and Species interested parties submit information Wildlife Service to demonstrate that After a thorough review and that might assist us in determining species regulation has a substantial consideration of all information whether these taxa warranted listing. effect on interstate commerce,’’ and available, we have determined that we We placed a legal notice in the Decatur ‘‘Protection of the species in the should classify the armored snail Daily announcing the proposal and proposed rule bears no relation to (Pyrgulopsis (=Marstonia) pachyta) and inviting public comment. The comment interstate commerce.’’ slender campeloma (Campeloma period closed on December 28, 1998. Response: The Federal government decampi) as endangered species. We During the comment period, we has the authority under the commerce followed procedures found at section received one letter of support, three clause of the U.S. Constitution to protect 4(a)(1) of the Act and regulations letters informing us of a proposed rock these species, for the reasons given in implementing the listing provisions of quarry on a tributary to Limestone Creek Judge Wald’s opinion and Judge the Act (50 CFR part 424). We may in Limestone County, Alabama, and one Henderson’s concurring opinion in determine a species to be an endangered

VerDate 162000 11:55 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\25FER1.SGM pfrm01 PsN: 25FER1 10036 Federal Register / Vol. 65, No. 38 / Friday, February 25, 2000 / Rules and Regulations or threatened species due to one or more Other types of water quality slender campeloma, predation by of the five factors described in section degradation from both point and naturally occurring predators is a 4(a)(1). These factors and their nonpoint sources currently affect these normal aspect of the population application to the armored snail and species. Stream discharges from these dynamics of a species and we do not slender campeloma are as follows: sources may result in eutrophication consider it a threat to these species at A. The Present or Threatened (nutrient enrichment), decreased this time. Destruction, Modification, or dissolved oxygen concentration, Chamberlain (1958) found the uterus Curtailment of Its Habitat or Range. The increased acidity and conductivity, and of some specimens of Campeloma armored snail occurs only in Limestone other changes in water chemistry. decisum infected by the trematode and Piney Creeks, Limestone County, Nutrients, usually phosphorus and Leucochloridomorpha constantiae, a Alabama, and has never been noted nitrogen, may emanate from agricultural black duck (Anas rubripes) parasite, outside this area. The slender fields, residential lawns, livestock with the snail evidently being an campeloma is currently known from operations, and leaking septic tanks at intermediate host. We do not know Round Island, Piney, and Limestone levels that result in eutrophication and whether the slender campeloma is Creeks, Limestone County, Alabama, a reduced oxygen levels in small streams. parasitized or to what degree any reduction of about three-quarters from The Round Island, Limestone, and parasitism inhibits its life cycle. its historical range. Both of these species Piney Creek drainages are dominated by D. The Inadequacy of Existing are extremely vulnerable to extirpation agricultural use, primarily cotton (a high Regulatory Mechanisms because of their very limited pesticide use crop), which makes these The State of Alabama’s prohibitions distribution, limited occupied habitat, creeks susceptible to pesticide against taking fish and wildlife for and annual life cycle (in the case of the contamination. Pesticide containers scientific purposes without State armored snail). Threats to these species were found in Limestone and Piney collecting permits provide some include siltation, direct loss of habitat, Creeks during site visits in 1997 (J. protection for these snails. However, altered water chemistry, and chemical Allen Ratzlaff, personal observation). Timber harvesting could also impact these species are generally not protected pollution. from other threats. These snails do not Piney Creek was a tributary to these species if riparian vegetation is removed or siltation from run-off receive any special consideration under Limestone Creek prior to the other environmental laws when project construction of Wheeler Lake on the increases. Many bridge crossings occur within impacts are reviewed. Existing Tennessee River. Thus, populations of these species’ range. Highway and authorities available to protect aquatic both the armored snail and slender bridge construction and widening could systems, such as the Clean Water Act campeloma inhabiting these two creeks impact these species through (CWA), administered by the are likely remnants of once larger sedimentation or the physical Environmental Protection Agency (EPA) populations. In addition to directly destruction of their habitat unless and the U.S. Army Corps of Engineers altering snail habitat, dams and their appropriate precautions are (Corps), have not been adequate to impounded waters form barriers to the implemented. prevent the degradation of these species’ movement of snails. Sediment Limestone Creek currently supports aquatic habitat. Federal listing will accumulation and changes in flow and one endangered snail species, Athearnia provide increased protection through water chemistry in impounded stream anthonyi (Anthony’s riversnail), and existing authorities such as the CWA by and river reaches reduce food and most of its mussel fauna has been requiring Federal agencies to consult oxygen availability and eliminate extirpated (17 species), including five with us when projects they fund, essential breeding habitat for riverine species currently listed as endangered. authorize, or carry out may adversely snails. It is suspected that isolated We do not know the specific reasons for affect these species. Federal listing also colonies gradually disappear as a result the loss of these species, but they are will provide additional protection under of local water and habitat quality likely a combination of the above-listed the Act by requiring Federal permits to changes. Unable to emigrate (move out impacts. take these species. of the area), isolated snail populations are vulnerable to local discharges and B. Overutilization for Commercial, E. Other Natural or Manmade Factors any surface run-off within their Recreational, Scientific, or Educational Affecting Its Continued Existence watersheds. Although many watershed Purposes Both species inhabit short creek impacts have been temporary, The two snail species addressed in reaches; thus, they are vulnerable to eventually improving or even this final rule are currently not of extirpation from random, catastrophic disappearing with the advent of new commercial value, and overutilization events, such as toxic chemical spills. All technology, practices, or laws, dams and has not been a problem. However, as three creeks are crossed by a number of their impoundments prevent natural their rarity becomes known, they may roads, railroads, and power lines that recolonization by surviving snail become more attractive to collectors. pose direct threats (e.g., loss of riparian populations. Although scientific collecting is not vegetation) and indirect threats from Sedimentation of rivers and streams presently identified as a threat, potential toxic run-off. Additionally, may affect the reproductive success of unregulated collecting by private and because these populations are isolated, aquatic snails by eliminating breeding institutional collectors could pose a their long-term genetic viability is habitat and interfering with their threat to these locally restricted questionable. Because all three creeks feeding activity by reducing or populations. are isolated by an impoundment, eliminating periphyton (plankton which recolonization of an extirpated live attached to rooted aquatic plants) C. Disease or Predation population is not likely without human food sources. Sources of sediments Diseases of aquatic snails are intervention. likely affecting these species include unknown. Although various vertebrate Further, the loss of 17 species of channel modification, agriculture, cattle predators, including fishes, mammals, mussels from Limestone Creek, grazing, unpaved road drainage, and and possibly birds, undoubtedly including 5 species now listed as industrial and residential development. consume both the armored snail and endangered, indicates a severely

VerDate 162000 11:55 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\25FER1.SGM pfrm01 PsN: 25FER1 Federal Register / Vol. 65, No. 38 / Friday, February 25, 2000 / Rules and Regulations 10037 impacted ecosystem that has undergone exist—(i) the species is threatened by refrain from taking any action that significant degradation. Because the life taking or other activity and the destroys or adversely modifies critical history and biology of these species are identification of critical habitat can be habitat. While a critical habitat virtually unknown, it is likely they may expected to increase the degree of threat designation for habitat currently continue to decline due to currently to the species or (ii) such designation of occupied by this species would not be unrecognizable impacts and stresses to critical habitat would not be beneficial likely to change the section 7 their populations. to the species. We find that designation consultation outcome because an action We have carefully assessed the best of critical habitat is prudent for the that destroys or adversely modifies such scientific and commercial information armored snail and slender campeloma. critical habitat would also be likely to available regarding the past, present, In the proposed rule, we indicated result in jeopardy to the species, there and future threats faced by these species that designation of critical habitat was may be instances where section 7 in determining to make this rule final. not prudent because of a concern that consultation would be triggered only if Based on this evaluation, the preferred publication of precise maps and critical habitat is designated. Examples action is to list the armored snail and descriptions of critical habitat in the could include unoccupied habitat or slender campeloma as endangered Federal Register could increase the occupied habitat that may become species. The Act defines an endangered vulnerability of these species to unoccupied in the future. There may species as one that is in danger of incidents of collection and vandalism. also be some educational or extinction throughout all or a significant We also indicated that designation of informational benefits to designating portion of its range. A threatened critical habitat was not prudent because critical habitat. Therefore, we find that species is one that is likely to become we believed it would not provide any critical habitat is prudent for the an endangered species in the foreseeable additional benefit beyond that provided armored snail and slender campeloma. future throughout all or a significant through listing as endangered. The Final Listing Priority Guidance portion of its range. The armored snail In the last few years, a series of court for FY 2000 (64 FR 57114) states, ‘‘The is currently known only from Piney and decisions have overturned Service processing of critical habitat Limestone Creeks, Limestone County, determinations regarding a variety of determinations (prudency and Alabama, and the slender campeloma is species that designation of critical determinability decisions) and proposed known only from Piney, Limestone, and habitat would not be prudent (e.g., or final designations of critical habitat Round Island Creeks, Limestone Natural Resources Defense Council v. will no longer be subject to County, Alabama. These snails and their U.S. Department of the Interior 113 F. prioritization under the Listing Priority habitat have been and continue to be 3d 1121 (9th Cir. 1997); Conservation Guidance. Critical habitat threatened. Their limited distribution Council for Hawaii v. Babbitt, 2 F. Supp. determinations, which were previously also makes them vulnerable to toxic 2d 1280 (D. Hawaii 1998)). Based on the included in final listing rules published chemical spills. Because of their standards applied in those judicial in the Federal Register, may now be restricted distribution and vulnerability opinions, we have reexamined the processed separately, in which case to extinction, endangered status is the question of whether critical habitat for stand-alone critical habitat most appropriate classification for these the armored snail and slender determinations will be published as species. campeloma would be prudent. notices in the Federal Register. We will Due to the small number of undertake critical habitat Critical Habitat populations, the armored snail and determinations and designations during Section 3 of the Act defines critical slender campeloma are vulnerable to FY 2000 as allowed by our funding habitat as: (i) The specific areas within unrestricted collection, vandalism, or allocation for that year.’’ As explained the geographical area occupied by a other disturbance. We remain concerned in detail in the Listing Priority species, at the time it is listed in that these threats might be exacerbated Guidance, our listing budget is currently accordance with the Act, on which are by the publication of critical habitat insufficient to allow us to immediately found those physical or biological maps and further dissemination of complete all of the listing actions features (I) essential to the conservation locational information. However, we required by the Act. Deferral of the of the species and (II) that may require have examined the evidence available critical habitat designation for the special management considerations or for the armored snail and slender armored snail and slender campeloma protection and (ii) specific areas outside campeloma and have not found specific will allow us to concentrate our limited the geographical area occupied by a evidence of taking, vandalism, resources on higher priority critical species at the time it is listed, upon a collection, or trade of these species or habitat (including court order determination that such areas are any similarly situated species. designations) and other listing actions, essential for the conservation of the Consequently, consistent with while allowing us to put in place species. ‘‘Conservation’’ means the use applicable regulations (50 CFR protections needed for the conservation of all methods and procedures needed 424.12(a)(1)(i)) and recent case law, we of armored snail and slender to bring the species to the point at do not expect that the identification of campeloma without further delay. which listing under the Act is no longer critical habitat will increase the degree However, because we have successfully necessary. of threat to this species of taking or reduced, although not eliminated, the Section 4(a)(3) of the Act, as other human activity. backlog of other listing actions, we amended, and implementing regulations In the absence of a finding that critical anticipate in FY 2000 and beyond giving (50 CFR 424.12) require that, to the habitat would increase threats to a higher priority to critical habitat maximum extent prudent and species, if there are any benefits to designation, including designations determinable, we designate critical critical habitat designation, then a deferred pursuant to the Listing Priority habitat at the time the species is prudent finding is warranted. In the Guidance, such as the designation for determined to be endangered or case of this species, there may be some this species, than we have in recent threatened. Our regulations (50 CFR benefits to designation of critical fiscal years. 424.12(a)(1)) state that designation of habitat. The primary regulatory effect of We plan to employ a priority system critical habitat is not prudent when one critical habitat is the section 7 for deciding which outstanding critical or both of the following situations requirement that Federal agencies habitat designations should be

VerDate 162000 11:55 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\25FER1.SGM pfrm01 PsN: 25FER1 10038 Federal Register / Vol. 65, No. 38 / Friday, February 25, 2000 / Rules and Regulations addressed first. We will focus our efforts road and bridge construction. Activities prudent measures given by us in on those designations that will provide affecting water quality may also impact accordance with section 7 of the Act; the most conservation benefit, taking these species and are subject to the (3) Typical agricultural and into consideration the efficacy of critical Corps’ and EPA’s regulations and permit silvicultural practices carried out in habitat designation in addressing the requirements under authority of the compliance with existing State and threats to the species, and the CWA and the National Pollutant Federal regulations and best magnitude and immediacy of those Discharge Elimination System (NPDES). management practices; threats. We will develop a proposal to It has been our experience, however, (4) Development and construction designate critical habitat for the armored that nearly all section 7 consultations activities designed and implemented snail and slender campeloma as soon as can be resolved so that the species is according to State and local water feasible, considering our workload protected and the project objectives are quality regulations; priorities. met. (5) Existing recreational activities, The Act and implementing such as swimming, wading, canoeing, Available Conservation Measures regulations found at 50 CFR 17.21 set and fishing; and Conservation measures provided to forth a series of general prohibitions and (6) Use of pesticides and herbicides in species listed as endangered or exceptions that apply to all endangered accordance with the label restrictions threatened under the Act include wildlife. These prohibitions, in part, within the species’ watersheds. recognition, recovery actions, make it illegal for any person subject to Activities that we believe could result requirements for Federal protection, and the jurisdiction of the United States to in ‘‘take’’ of these snails include: prohibitions against certain practices. take (includes harass, harm, pursue, (1) Unauthorized collection or capture Recognition through listing encourages hunt, shoot, wound, kill, trap, or collect of these species; and results in conservation actions by or to attempt any of these), import or (2) Unauthorized destruction or Federal, State, and private agencies, export, ship in interstate commerce in alteration of the species’ habitat (e.g., in- groups, and individuals. The Act the course of commercial activity, or sell stream dredging, channelization, water provides for possible land acquisition or offer for sale in interstate or foreign withdrawal, and discharge of fill and cooperation with the States and commerce any endangered wildlife. It material); requires that recovery actions be carried also is illegal to possess, sell, deliver, (3) Violation of any discharge or water out for all listed species. The protection carry, transport, or ship any such withdrawal permit; and required of Federal agencies and the wildlife that has been taken illegally. (4) Illegal discharge or dumping of prohibitions against taking and harm are Certain exceptions apply to our agents toxic chemicals or other pollutants into discussed, in part, below. and agents of State conservation waters supporting these two species. Section 7(a) of the Act, as amended, agencies. We will review other activities not requires Federal agencies to evaluate Under certain circumstances, we may identified above on a case-by-case basis their actions with respect to any species issue permits to carry out otherwise to determine if a violation of section 9 that is listed as endangered or prohibited activities involving of the Act may be likely to result from threatened and with respect to its endangered wildlife species. such activity. We do not consider these critical habitat, if any is being Regulations governing permits are at 50 lists to be exhaustive and provide them designated. Regulations implementing CFR 17.22 for endangered wildlife. Such simply as information to the public. this interagency cooperation provision permits are available for scientific You should direct questions regarding of the Act are codified at 50 CFR part purposes, to enhance the propagation or whether specific activities may 402. Section 7(a)(2) requires Federal survival of the species, and/or for constitute a future violation of section 9 agencies to ensure that activities they incidental take in connection with to our Asheville or Daphne Field Offices authorize, fund, or carry out are not otherwise lawful activities. (see ADDRESSES and FOR FURTHER likely to jeopardize the continued It is our policy, published in the INFORMATION CONTACT sections). You existence of such a species or to destroy Federal Register on July 1, 1994 (59 FR may request copies of regulations or adversely modify its critical habitat. 34272), to identify, to the maximum regarding listed species and address If a Federal action may affect a listed extent practicable, those activities that questions about prohibitions and species or its critical habitat, the would or would not constitute a permits to the U.S. Fish and Wildlife responsible Federal agency must enter violation of section 9 of the Act. The Service, Ecological Services Division, into formal consultation with us. intent of this policy is to increase public 1875 Century Boulevard, Suite 200, We notified Federal agencies that may awareness as to the effects of this listing Atlanta, Georgia 30345 (Phone 404/679– have programs or projects affecting the on future and ongoing activities within 7313; Fax 404/679–7081). armored snail and requested the species’ range. information on Federal activities that Activities that we believe are not National Environmental Policy Act might adversely affect the species. We likely to result in a violation of section We have determined that we do not did not give notification about the 9 for these two snails include: need to prepare an Environmental slender campeloma because its range is (1) Existing discharges into waters Assessment, as defined under the so similar and because no controversy supporting these species, provided these authority of the National Environmental arose from the notification of the activities are carried out in accordance Policy Act of 1969, in connection with potential listing of the armored snail. No with existing regulations and permit regulations adopted pursuant to section Federal agencies identified specific requirements (e.g., activities subject to 4(a) of the Act. A notice outlining our proposed actions that would likely sections 404 and 405 of the CWA reasons for this determination was affect the species. Federal activities that including discharges regulated under published in the Federal Register on could occur and impact the species the NPDES); October 25, 1983 (48 FR 49244). include, but are not limited to, reservoir (2) Actions that may affect these two construction or issuance of permits for snail species and are authorized, Paperwork Reduction Act reservoir construction, stream funded, or carried out by a Federal This rule does not contain any new alterations, wastewater facility agency when the action is conducted in collections of information other than development, pesticide registration, and accordance with any reasonable and those already approved under the

VerDate 162000 11:55 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\25FER1.SGM pfrm01 PsN: 25FER1 Federal Register / Vol. 65, No. 38 / Friday, February 25, 2000 / Rules and Regulations 10039

Paperwork Reduction Act, 44 U.S.C. Author 1. The authority citation for part 17 3501 et seq., and assigned Office of The primary author of this final rule continues to read as follows: Management and Budget clearance is Mr. J. Allen Ratzlaff (see ADDRESSES Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1018–0094. An agency may not conduct section) (828/258–3939, Ext. 229). 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– or sponsor, and a person is not required 625, 100 Stat. 3500; unless otherwise noted. to respond to, a collection of List of Subjects in 50 CFR Part 17 information unless it displays a current Endangered and threatened species, 2. Amend § 17.11(h) by adding the valid control number. For additional Exports, Imports, Reporting and following, in alphabetical order under information concerning permit and recordkeeping requirements, SNAILS, to the List of Endangered and associated requirements for endangered Transportation. Threatened Wildlife: wildlife species, see 50 CFR 17.22. Regulation Promulgation § 17.11 Endangered and threatened References Cited wildlife. PART 17Ð[AMENDED] You may request a complete list of all * * * * * references cited herein, as well as Accordingly, we amend part 17, (h) * * * others, from the Asheville Field Office subchapter B of chapter I, title 50 of the (see ADDRESSES section). Code of Federal Regulations, as follows:

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical habi- Special Common name Scientific name gered or threatened tat rules

******* SNAILS

******* Campeloma, slender Campeloma U.S.A. (AL) ...... NA ...... E 688 NA NA decampi.

******* Snail, armored ...... Pyrgulopsis U.S.A. (AL) ...... NA ...... E 688 NA NA (=Marstonia) pachyta.

*******

Dated: December 22, 1999. SUMMARY: An emergency interim rule is prepared by the South Atlantic Fishery Jamie Rappaport Clark, in effect through March 1, 2000, that Management Council (Council) and is Director, Fish and Wildlife Service. prohibits the harvest and possession of implemented under the authority of the [FR Doc. 00–4373 Filed 2–24–00; 8:45 am] red porgy in or from the exclusive Magnuson-Stevens Fishery BILLING CODE 4310±55±P economic zone (EEZ) off the southern Conservation and Management Act Atlantic states. NMFS extends the (Magnuson-Stevens Act) by regulations emergency interim rule for an additional at 50 CFR part 622. DEPARTMENT OF COMMERCE 180 days. The intended effect of this In response to a request from the rule is to protect the red porgy resource, Council, NMFS published an emergency National Oceanic and Atmospheric which is currently overfished. interim rule (64 FR 48324, September 3, Administration DATES: The effective date for the 1999), under section 305(c)(1) of the emergency interim rule published at 64 Magnuson-Stevens Act, that prohibited 50 CFR Part 622 FR 48324, September 3, 1999, is the harvest and possession of red porgy extended from March 1, 2000, through in or from the EEZ off the southern [Docket No. 990823235±9235±01; I.D. August 28, 2000. Atlantic states. This action was required 061699F] ADDRESSES: Copies of documents because of the overfished status of red porgy. Red porgy remains overfished. RIN 0648±AM55 supporting this action may be obtained from the Southeast Regional Office, Under section 305(c)(3)(B) of the NMFS, 9721 Executive Center Drive N., Magnuson-Stevens Act, NMFS may Fisheries of the Caribbean, Gulf of extend the effectiveness of an Mexico, and South Atlantic; Snapper- St. Petersburg, FL 33702, telephone: 727–570–5305, fax: 727–570–5583. emergency interim rule for one Grouper Fishery Off the Southern additional period of 180 days, provided Atlantic States; Extension of Effective FOR FURTHER INFORMATION CONTACT: Dr. the public has had an opportunity to Date of Closure of the Red Porgy Peter J. Eldridge, telephone: 727–570– comment on the emergency interim rule Fishery 5305, fax: 727–570–5583, email: and the Council is actively preparing an [email protected]. AGENCY: National Marine Fisheries amendment to the FMP to address the Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: The overfishing on a permanent basis. NMFS Atmospheric Administration (NOAA), snapper-grouper fishery off the southern solicited comments on the initial Commerce. Atlantic states is managed under the emergency interim rule and received Fishery Management Plan for the four comments. The responses are ACTION: Emergency interim rule; Snapper-Grouper Fishery of the South provided in this emergency interim rule. extension of effective date. Atlantic Region (FMP). The FMP was The Council is preparing Amendment

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