Vol. 76 Tuesday, No. 70 April 12, 2011

Part II

Department of the Interior

Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Three Forks Springsnail and San Bernardino Springsnail, and Proposed Designation of Critical Habitat; Proposed Rule

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DEPARTMENT OF THE INTERIOR Public Comments Solicited section information from the public, other below for more information). concerned governmental and tribal Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: agencies, the scientific community, Steve Spangle, Field Supervisor, industry, or any other interested party 50 CFR Part 17 Arizona Ecological Services Field concerning this proposed rule. We [Docket No. FWS–R2–ES–2009–0083; Office, 2321 West Royal Palm Road, particularly seek comments concerning: 92210–1117–0000–B4] Suite 103, Phoenix, Arizona, 85021; (1) Biological, commercial trade, or telephone 602–242–0210; facsimile other relevant data concerning any RIN 1018–AV84 602–242–2513. If you use a threats (or lack thereof) to these species and regulations that may be addressing Endangered and Threatened Wildlife telecommunications device for the deaf those threats. and Plants; Proposed Endangered (TDD), call the Federal Information Relay Service (FIRS) at 800–877–8339. (2) Additional information concerning Status for the Three Forks Springsnail the range, distribution, and population SUPPLEMENTARY INFORMATION: This and San Bernardino Springsnail, and size of these species, including the document consists of: (1) A proposed Proposed Designation of Critical locations of any additional populations. Habitat rule to list the Three Forks Springsnail (3) Any information on the biological and San Bernardino Springsnail as or ecological requirements of these AGENCY: Fish and Wildlife Service, endangered; and (2) proposed critical Interior. species. habitat designations for the two species. (4) The reasons why we should or ACTION: Proposed rule. Previous Federal Actions should not designate habitat as ‘‘critical SUMMARY: We, the U.S. Fish and habitat’’ under section 4 of the Act We first identified the Three Forks including whether there are threats to Wildlife Service (Service), propose to springsnail as a candidate for listing on list the Three Forks springsnail the species from human activity which October 30, 2001 (66 FR 54808). We first are expected to increase due to the (Pyrgulopsis trivialis) and the San identified the San Bernardino Bernardino springsnail (Pyrgulopsis designation, and whether that increase springsnail as a candidate for listing on in threat outweighs the benefit of bernardina) as endangered under the December 6, 2007 (72 FR 69034). Endangered Species Act of 1973, as designation such that the designation of Candidates are those fish, wildlife, and critical habitat may not be prudent. amended (Act). If we finalize this rule plants for which we have on file as proposed, it would extend the Act’s (5) Specific information on: sufficient information on biological • protections to these species. We also The amount and distribution of vulnerability and threats to support habitat for each species, propose to designate critical habitat for preparation of a listing proposal, but for • both species under the Act. In total, What areas occupied at the time of which development of a listing listing and that contain features approximately 4.5 hectares (11.1 acres) regulation is precluded by other higher are being proposed for designation as essential to the conservation of these priority listing activities. species should be included in the critical habitat for Three Forks On May 4, 2004, the Center for springnail in Apache County, and designation and why, Biological Diversity petitioned the • Special management considerations approximately 0.815 hectares (2.013 Service to list 225 species of plants and acres) for San Bernardino springsnail in or protections that the features essential animals as endangered under the to the conservation of both species that Cochise County, Arizona. We seek provisions of the Endangered Species information and comments from the have been identified in this proposal Act, as amended (16 U.S.C. 1531 et may require, including managing for the public regarding the Three Forks and seq.), including the Three Forks San Bernardino springsnails and this potential effects of climate change, and springsnail. On June 25, 2007, we • What areas not occupied at the time proposed rule. received a petition from Forest of listing are essential for the DATES: We will accept comments Guardians to list 475 species in the conservation of the species and why. received or postmarked on or before southwestern United States as (6) Land use designations and current June 13, 2011. We must receive requests threatened or endangered under the or planned activities in the subject areas for public hearings, in writing, at the provisions of the Act, including the San and their possible impacts on proposed address shown in the FOR FURTHER Bernardino springsnail. In our most critical habitat. INFORMATION CONTACT section by May recent annual Candidate Notice of (7) Any probable economic, national 27, 2011. Review dated November 10, 2010 (75 FR security, or other relevant impacts of ADDRESSES: You may submit comments 69222), we retained a listing priority designating any area that may be by one of the following methods: number (LPN) of 2 for the Three Forks included in the final designation. We • Federal eRulemaking Portal: http:// springsnail and the San Bernardino are particularly interested in any www.regulations.gov. Follow the springsnail in accordance with our impacts on small entities or families, instructions for submitting comments priority guidance published on and the benefits of including or for Docket No. FWS–R2–ES–2009–0083. September 21, 1983 (48 FR 43098). An excluding areas that exhibit these • U.S. mail or hand-delivery: Public LPN of 2 reflects threats that are both impacts. Comments Processing, Attn: Docket No. imminent and high in magnitude, as (8) Whether we could improve or FWS–R2–ES–2009–0083; Division of well as the taxonomic classification as modify our approach to designating Policy and Directives Management; U.S. a full species. critical habitat in any way to provide for Fish and Wildlife Service; 4401 N. greater public participation and Fairfax Drive, Suite 222; Arlington, VA Public Comments understanding, or to better 22203. We intend that any final action accommodate public concerns and We will not accept e-mail or faxes. We resulting from this proposed rule will be comments. will post all comments on http:// based on the best scientific and (9) Information on the projected and www.regulations.gov. This generally commercial data available and be as reasonably likely impacts of climate means that we will post any personal accurate and as effective as possible. change on both species and the critical information you provide us (see the Therefore, we request comments or habitat areas we are proposing.

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You may submit your comments and snails is 9 to 15 months (Pennak 1989, Forks springsnail is found in Taylor materials concerning this proposed rule p. 552); survival of one species in the (1987, pp. 30–32) and Hershler and by one of the methods listed in the genus Pyrgulopsis in the laboratory was Landye (1988, pp. 32–35). ADDRESSES section. 12.7 months (Lysne et al. 2007, p. 3). The Three Forks springsnail is known We will post your entire comment— Both the Three Forks springsnail and to occur in two separate spring including your personal identifying San Bernardino springsnail occur in complexes, Three Forks Springs and information—on http:// springs, seeps, spring runs, and a variety Boneyard Bog Springs in the North Fork www.regulations.gov. If you provide of waters, but particularly rheocrene East Fork Black River Watershed of the personal identifying information, such systems (water emerging from the White Mountains on the Apache- as your street address, phone number, or ground as a free-flowing stream). In the Sitgreaves National Forests in Apache e-mail address, you may request at the desert Southwest, these spring County, east-central Arizona (Myers top of your document that we withhold ecosystems are commonly referred to as 2000, p. 1; Nelson et al. 2002, p. 5). this information from public review. cienegas (Hendrickson and Minckley These spring complexes are found in However, we cannot guarantee that we 1984, pp. 133, 169; Minckley and Brown open mountain meadows at 2,500 will be able to do so. 1994, pp. 223–287). Snails in the genus meters (m) (8,200 feet (ft)) elevation and Comments and materials we receive, Pyrgulopsis are rarely found in mud or are separated by 6 kilometers (km) (3.7 as well as supporting documentation we soft sediments (Hershler 1998, p. 14) miles (mi)) of perennial flowing stream used in preparing this proposed rule, and are typically more abundant in (Martinez and Myers 2008, p. 189). The will be available for public inspection gravel to cobble size substrates (Frest species has been found in free-flowing on http://www.regulations.gov at Docket and Johannes 1995, p. 203; Malcom et springheads, concrete boxed No. FWS–R2–ES–2009–0083, or by al. 2005, p. 75; Martinez and Thome springheads, spring runs, spring seeps, appointment, during normal business 2006, pp. 12–13; Lysne et al. 2007, p. and shallow ponded water at Three hours, at the Arizona Ecological 650). These substrate types provide a Forks Springs and Boneyard Bog Services Field Office (see FOR FURTHER suitable surface for springsnails to graze Springs (Martinez and Myers 2008, p. INFORMATION CONTACT section). and lay eggs (Taylor 1987, p. 5; Hersler 189). A springsnail of the same genus Background 1998, p. 14). was recently found in a spring along Proximity to springheads, where Boneyard Creek between Three Forks Both the Three Forks springsnail and water emerges from the ground, plays a Springs and Boneyard Bog Springs San Bernardino springsnail are members key role in the life history of (Myers 2010, p. 1). Although the locality of the genus Pyrgulopsis in the family springsnails. Many springsnail species of this new site suggests it is likely the Hydrobiidae. In the arid Southwest, exhibit decreased abundance further same species, additional analysis will be springsnails in this family are largely away from spring vents, presumably due needed for a definitive determination of relicts of the wetter Pleistocene Epoch to their need for stable water chemistry its taxonomy. (2.5 million to 10,000 years ago) and are and flow regime provided by spring Martinez and Myers (2008, p. 189– typically distributed across the waters (Hershler 1984, p. 68; Hershler 194) found the presence of Three Forks landscape as geographically isolated 1998, p. 11; Hershler and Sada 2002, p. springsnail was associated with gravel/ populations exhibiting a high degree of 256; Martinez and Thome 2006, p. 14; pebble substrates, shallow water up to 6 endemism (found only in a particular Tsai et al. 2007, p. 216). Several habitat centimeters (cm) (2.4 in) deep, high area or region) (Bequart and Miller 1973, parameters of springs, such as substrate, conductivity, alkaline waters of pH 8, p. 214; Taylor 1987, pp. 5–6; Shepard dissolved carbon dioxide, dissolved and the presence of pond snails, Physa 1993, p. 354; Hershler and Sada 2002, oxygen, temperature, conductivity, and gyrina. It has also been shown that p. 255). Springsnails are strictly aquatic water depth, have been shown to density of Three Forks springsnail is and respiration occurs through an influence the distribution and significantly greater on gravel/cobble internal gill. Springsnails in the genus abundance of Pyrgulopsis snails substrates (Martinez and Myers 2002, p. Pyrgulopsis are egg-layers (Hershler (O’Brien and Blinn 1999, p. 231–232; 1; Nelson 2002, p. 1), though the species 1998, p. 14). The larval stage is Mladenka and Minshall 2001, pp. 209– has been reported as ‘‘abundant’’ in the completed in the egg capsule and, upon 211; Malcom et al. 2005, p. 75; Martinez fine-grained mud of a 0.01 hectare (ha) hatching, tiny snails emerge into their and Thome 2006, pp. 12–15; Lysne et al. (0.025 acre (ac)) pond at Three Forks adult habitat (Brusca and Brusca 1990, 2007, p. 650; Tsai et al. 2007, p. 2006). (Taylor 1987, p. 32). Abundance has p. 759; Hershler and Sada 2002, p. 256). Dissolved salt may also be an important been found to decrease downstream The sexes are separate and physical factor, because it is essential for shell from springheads (Nelson et al. 2002, p. differences are noticeable between formation (Pennak 1989, p. 552). 11), consistent with studies of other them, with females being larger than springsnails (Hershler 1984, p. 68; males. Mobility is limited, and Three Forks Springsnail Hershler 1998, p. 11; Hershler and Sada significant migration likely does not The Three Forks springsnail was 2002, p. 256; Martinez and Thome 2006, occur, although aquatic snails have been described as Pyrgulopsis trivialis by p. 14; Tsai et al. 2007, p. 216). known to disperse by becoming Hershler (1994, pp. 68–69). We have The Three Forks springsnail was attached to the feathers of migratory carefully reviewed the available historically abundant at both Three birds (Roscoe 1955, p. 66; Dundee et al. taxonomic information (Landye 1973, p. Forks and Boneyard Bog springs (Myers 1967, pp. 89–90). 49; Taylor 1987, pp. 30–32; Hershler 2000, p. 1; Nelson et al. 2002, p. 5). Springsnails in the family and Landye 1988, pp. 32–35; Hershler Nelson et al. (2002, p. 5) reported Three Hydrobiidae feed primarily on 1994, pp. 68–69; Hurt 2004, p. 1176) Forks springsnail densities of periphyton, which is a complex mixture and conclude that Three Forks approximately 60 snails per square of algae, detritus, bacteria, and other springsnail is a valid taxon. The Three meter (72 per square yard) at Three microbes that live upon submerged Forks springsnail is a variably sized Forks and approximately 790 snails per surfaces in aquatic environments species, with a shell height (length) of square meter (945 per square yard) at (Mladenka 1992, pp. 46, 81; Hershler 1.5 to 4.8 millimeters (mm) (0.06 to 0.19 Boneyard Bog Springs. The number at a and Sada 2002, p. 256; Lysne et al. 2007, in). A detailed description of the single springbrook, with an area of 213 p. 649). The life span of most aquatic identifying characteristics of the Three square meters (254 square yards), at

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Three Forks Springs in 2002 was from that site in 2005 (Cox et al. 2007, existence. Listing actions may be estimated at tens of thousands of p. 1). warranted based on any of the above individual snails (Martinez 2009, pp. In Sonora, Mexico, a springsnail in threat factors, singly or in combination. 31–32). The Three Forks springsnail no the same family as the San Bernardino Each of these factors is discussed below. longer occurs in abundance at Three springsnail occurs in the San A. The Present or Threatened Forks Springs. Since 2004, annual Bernardino and Los Ojitos cienegas on surveys at Three Forks have detected the private Rancho San Bernardino Destruction, Modification, or very low numbers of the species, within 0.25 mi (0.4 km) of San Curtailment of Its Habitat or Range including two individuals found in Bernardino NWR (Service 2007, p. 82; Wildfire Suppression Malcom et al. 2005, p. 75). The snails August 2005 (Cox 2007, p. 1) and three Fire frequency and intensity in found in Mexico are likely to be San individuals found in July 2008 (Bailey southwestern forests are altered from Bernardino springsnails, since they 2008, p. 1). Reasons for the decline are historical conditions (Dahms and Geils occur in the same drainage; however, discussed in the Threats section of this 1997, p. 34; Danzer et al. 1997, p. 1). proposed rule. The species continues to additional research is needed to verify Before the late 1800s, surface fires be abundant at Boneyard Bog Springs if this is the case (Hershler 2009, p. 1; generally occurred at least once per (Cox 2007, p. 1). Hershler 2008, p. 1). Malcom et al. 2005 (pp. 71, 75–76) decade in montane forests with a pine San Bernardino Springsnail showed that the density of San component (Swetnam and Baisan 1996, The San Bernardino springsnail was Bernardino springsnail was positively p. 15), landscapes similar to those described by Hershler (1994, pp. 21–22) associated with cobble substrates, within which the Three Forks as Pyrgulopsis bernardina from higher vegetation density, faster water springsnail occurs. During the early specimens collected at the type locality velocity, higher dissolved oxygen, water 1900s, frequent widespread ground fires (site of original collection) from two temperatures of 14 to 22 degrees ceased to occur due to intensive springs on San Bernardino Ranch Celsius, and pH values between 7.6 and livestock grazing that removed fine (including Snail Spring), Cochise 8.0. San Bernardino springsnail density fuels, such as grasses. Coupled with fire County, Arizona. We have reviewed the exhibited positive relationships to sand suppression, changes in fuel load began available taxonomic information and cobble substrates, vegetation to alter forest structure and natural fire (Landye 1973, p. 34; Landye 1981, p. 21; density, and water velocity, and regime (Dahms and Geils 1997, p. 34). Hershler and Landye 1988, p. 41; Taylor negative relationships to silt and organic Absence of low-intensity ground fires 1987, p. 34; Hershler 1994, p. 21; Hurt substrates, and water depth (Malcom et allowed a buildup of woody fuels that 2004, p. 1176) and conclude that San al. 2005, pp. 75–76). Substrates with resulted in infrequent, but very hot, Bernardino springsnail is a valid taxon. higher silt content typically support stand replacing fires (very hot fires The San Bernardino springsnail has a fewer springsnails. No studies have which kill all or most of aboveground narrow-conic shell and a height of 1.3 been conducted to determine the parts of the dominant vegetation, to 1.7 mm. A detailed description of the species’ limits or tolerances to specific changing the aboveground structure identifying characteristics of the San habitat thresholds. substantially) (Danzer et al. 1997, p. 9; Bernardino springsnail is found in Limited information is available on Dahm and Geils 1997, p. 34). Hershler (1994, pp. 21–22). population sizes for the San Bernardino On May 17, 2004, and June 8, 2004, The historical range of the San springsnail. Malcom et al. (2003, p. 7; two wildfires, the KP and Three Forks Bernardino springsnail in the United 2005, p. 74) estimated average fires, ignited near one another on U.S. States may have included at least six springsnail density as 55,929 Forest Service (USFS) lands and populations within a complex of spring individuals per square meter (66,893 per developed into hot crown fires (fires ecosystems along the Rio San square yard) at Snail Spring from burning in tree canopies). Initial fire Bernardino (also known as San September 2001 to March 2002. The suppression efforts by the USFS were Bernardino Creek or Black Draw) within species appears to occur in low unsuccessful, and the USFS authorized the headwaters of the Rio Yaqui in population numbers at Goat Tank additional actions to protect resources Cochise County, southern Arizona, on Spring and Horse Spring, often making from what they considered to be what is now the San Bernardino detection difficult. extreme fire behavior (USFS 2005, p. 2– National Wildlife Refuge (NWR) and the 3). The additional actions included adjacent, private John Slaughter Ranch, Summary of Factors Affecting the application of aerial fire retardants. including Snail Spring, House Spring, Species Although this fire complex did not Horse Spring, Goat Tank Spring, House Section 4 of the Act and directly burn the Three Forks Springs Pond, Tule Spring, and Mesa Seep (Cox implementing regulations at 50 CFR part area, surface waters within the Three et al. 2007, pp. 1–2; Service 2007, pp. 424 set forth procedures for adding Forks fire area were exposed to fire 82–83; Malcom et al. 2005, p. 75; species to the Federal Lists of retardant (chemicals used to suppress Malcom et al. 2003, p. 2; Velasco 2000, Endangered and Threatened Wildlife fire) that likely drifted from high p. 1). The current range of the species and Plants. A species may be elevation retardant releases from aircraft is limited to two or possibly three determined to be an endangered or (USFS 2005, pp. 4, 12). springs, all located on the John threatened species due to one or more Fire retardants are toxic to Slaughter Ranch. The San Bernardino of the five factors described in section springsnails when they enter the aquatic springsnail has recently been confirmed 4(a)(1) of the Act: (A) The present or systems the snails occupy. Some fire in Goat Tank Spring and Horse Spring threatened destruction, modification, or retardant chemicals are ammonia-based, (Martinez 2010, p. 2), though the species curtailment of its habitat or range; (B) which are toxic to aquatic wildlife; appears to exhibit low population overutilization for commercial, however, many formulations also numbers at these two sites. The species recreational, scientific, or educational contain yellow prussiate of soda was formerly very abundant at Snail purposes; (C) disease or predation; (D) (sodium ferrocyanide), which is added Spring on the John Slaughter Ranch the inadequacy of existing regulatory as an anticorrosive agent. Such (Malcom et al. 2003, p. 17; Malcom et mechanisms; and (E) other natural or formulations are toxic for fish, aquatic al. 2005, p. 74) and was last confirmed manmade factors affecting its continued invertebrates, and algae (Angeler et al.

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2006, pp. 171–172; Calfee and Little Boneyard Bog springs, we conclude threatens the integrity of the spring 2003, pp. 1527–1530; Little and Calfee there is a high risk that the Three Forks system. 2002, p. 5; Buhl and Hamilton 1998, p. springsnail could become extinct due to Ungulate grazing is not believed to be 1598; Hamilton et al. 1998, p. 3; exposure to fire retardant chemicals in a current threat for the San Bernardino Gaikwokski et al. 1996, pp. 1372–1373). its habitat. springsnail. Cattle grazing does not Toxicity of these formulations is While fires occur within the range of currently occur on the San Bernardino enhanced by sunlight (Calfee and Little the San Bernardino springsnail, we have NWR. A small number of cattle graze on 2003, pp. 1529–1533). Contamination of no information on fire frequency or the John Slaughter Ranch, but they do aquatic sites can occur via direct intensity in this area. However, if a not have access to the spring sites. application or runoff from treated wildfire were to occur, suppression Horse Spring is located in a horse pen uplands. efforts could include the application of (Martinez 2010, p. 2), but it is unclear During the fire suppression activities fire retardant chemicals. In this what effect, if any, the horses have on in the vicinity of Three Forks Springs, scenario, we would expect San the spring. However, past cattle grazing approximately 108,610 gallons (411,130 Bernardino springsnails to react may have played a role in the liters) of aerial fire retardant were negatively to exposure to fire retardants. extirpation of the species from what applied (USFS 2005, p. 3). The nearest Because wildfire is unpredictable, and may have been its historical range. The documented release into a waterway exposure to fire retardants could occur San Bernardino Valley, including the was 0.65 mi (1.05 km) from Three Forks in the future, we believe this represents John Slaughter Ranch, historically Springs, though other undocumented a potential threat to the species. supported extensive cattle ranching aerial releases in the area could have (Hendrickson and Minckley 1984, pp. been closer. The USFS (2005, p. 12) Ungulate Grazing 142–144; Service 2007, p. iii–iv). At one concluded that lethal concentrations of Ungulate (hoofed mammal) grazing on time, livestock likely had access to all retardant contaminated Three Forks spring ecosystems can alter or remove spring habitats along the Rio San Springs waters. This contamination springsnail habitat and limit the Bernardino. resulted in the near disappearance of distribution of springsnails, or result in Springhead Inundation springsnails following the fire. extirpation. For instance, cattle Springhead inundation refers to Available data indicate that the species trampling at a spring in Owens Valley, was still abundant in all historically pooling of water over a spring vent California, reduced banks to mud and resulting in ponded water, sometimes occupied sites at Three Forks Springs in sparse grass, limiting the occurrence of 2002 and 2003, just prior to the fire relatively deep, that would otherwise the endangered Fish Slough springsnail (Arizona Game and Fish Department exist as shallow free-flowing water. (Pyrgulopsis pertubata) (Bruce and (AGFD) 2008, p. 57–70; Martinez 2009, Inundation can alter springsnail habitats White 1998, pp. 3–4). Additionally, a pp. 31–32). Surveys in 2004, by causing shifts in water depth, population of another closely related immediately following the fire, failed to velocity, substrate composition, springsnail, Chupadera springsnail, (P. locate any springsnails. 2005 surveys vegetation, and water chemistry. chupaderae), endemic to Socorro detected only two snails (Cox 2007, p. Inundation has negatively affected other County, New Mexico, was extirpated 1), 2008 surveys detected only three springsnails (70 FR 46304, August 9, due to the impacts of livestock grazing snails (Bailey 2008, p. 1), 2009 surveys 2005). on its habitat (Arritt 1998, p. 10). located only one snail (Grosch 2010, p. Three Forks springsnail habitats have 1), and 2010 surveys did not detect any Since the mid- and late 1990s, been subjected to minor inundation. snails (Sorensen 2010, p.1). Since these livestock have been fenced out of both During the 1930s, concrete boxes were are short-lived species, finding even a Three Forks and Boneyard Bog springs. constructed around four springheads at few individuals 4 and 5 years after the However, free-ranging elk (Cervus Three Forks Springs. However, these fire seems to indicate that the species elaphus) have access to both spring boxes are small and the majority of the continues to persist, though complexes. During field surveys in 2000 springs affected still exist as shallow, precariously, at Three Forks Springs. and 2008, Service staff noted evidence flowing-water ecosystems below the Lack of vegetation and forest litter of elk wallowing at Boneyard Bog springboxes. Also, the species had been following intense crown fires can Springs (Martinez 2000, p. 1; Martinez known to be locally abundant within expose soils to surface erosion during 2008, p. 1). Areas affected by wallowing springboxes until 1999, when the storms, often causing sedimentation, were characterized by banks reduced to extirpation of the species from at least and erosion in downstream drainages mud and sparse grass, with stagnant, two boxed springheads at Three Forks (DeBano and Neary 1996, pp. 70–75). rather than flowing, water. These are not Springs was noted (Myers 2000, p. 1). Surface erosion could not have directly optimal habitat conditions for the Three Extirpation is believed to be linked to affected the Three Forks springsnail or Forks springsnail. Although the AGFD invasion by the northern crayfish its habitat because the spring area did have stated that elk wallowing at (Orconectis virilis) (see Factor C below). not burn. We do not have information Boneyard Bog Springs may be a problem Habitats at Boneyard Bog Springs have that surface erosion following any for maintaining springhead integrity, not been affected by inundation. wildfires has affected the Three Forks they did not find the amount of habitat Springhead inundation does not appear springsnail or its habitat in the past. disturbed alarming (Shroufe 2003, p. 5). to be a substantial threat to the Three However, since both Three Forks and We have discussed with AGFD and the Forks springsnail because inundated Boneyard Bog spring complexes are Forest Service the possibility of springheads are in a relatively small surrounded by dense coniferous forests, constructing an elk fence, but no action portion of the species’ occupied habitat, it is reasonable to expect that surface has been taken. Nevertheless, the and the springboxes are relatively small. erosion from high intensity wildfires maintenance of springhead integrity is Springhead inundation may be a may threaten them in the future. critical to maintaining water quality and threat to the San Bernardino springsnail. Considering the toxic effect of fire conserving springsnails (Hershler and Three unnamed springs on the retardant and the high potential for Williams 1996, p. 1). The observed Slaughter Ranch no longer exist as free- future wildfires in the area with changes to springsnail habitat resulting flowing waters. Instead the springheads exposure at both Three Forks and from elk use at Boneyard Bog Springs have been converted into one large

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artificial pond referred to as House the Slaughter Ranch is hydrologically If groundwater depletion results in Pond, which serves as an important connected to Snail Spring, or otherwise the continued drying of Snail Spring, a refuge for several native Yaqui fishes. influences spring flow. However, we large part of the known range of the San Since inundation of this habitat, the San have no direct evidence to prove this is Bernardino springsnail would be Bernardino springsnail has not been the case. Regardless, Snail Spring no eliminated, and the San Bernardino found in these springs, although it was longer discharges from the springhead, springsnail would be more vulnerable to previously believed to occur there (Cox and the presence of the San Bernardino extinction. If groundwater depletion et al. 2007, p.1). springsnail was not documented during were to affect Goat Tank Spring and Groundwater Depletion 2010 spot surveys in areas where it was Horse Spring, the entire range of the previously abundant (Martinez 2010, p. species could be eliminated. Habitat loss due to groundwater 1). The factors contributing to the Groundwater depletion is not depletion, or loss of water flow, is the decline in spring water flows in the San currently known to be a threat to the primary threat to the San Bernardino Bernardino Valley, including those Three Forks springsnail. springsnail. Since spring ecosystems located on the Slaughter Ranch and the rely on water discharged to the surface San Bernardino NWR, may include Pesticides from underground aquifers, depletion of irrigation, groundwater pumping, Spring endemic species are typically these groundwater sources can result in extended drought conditions, climate adapted to the unique environmental drying of springs. This threat is severe change, and the natural dynamics of conditions provided by spring water for the San Bernardino springsnail groundwater systems. and may be quite sensitive to shifts in because, like all springsnails, it is Regardless of the mechanisms, the water quality (Hershler 1998, p. 11), strictly aquatic, breathing through an cessation of water flow at Snail Spring including those caused by internal gill and filtering aquatic dates back to at least the summer of contamination. Malcom et al. (2003, p. organisms for food. Groundwater 2002, when San Bernardino NWR staff 17) consider contamination from depletion has been recognized as a and Slaughter Ranch managers tapped pesticides to be a significant threat to threat to the biota of the Rio San into the Slaughter Ranch domestic water the San Bernardino springsnail because Bernardino and associated springs for supply from House Spring to maintain a number of herbicides and other many years in the Yaqui Fishes listing springsnail habitat (Smith 2003, p. 1; pesticides have traditionally been used document (49 FR 34490, August 31, Malcom 2003, p. 18; Malcom 2007, p. adjacent to springs on the Slaughter 1984) and the Recovery Plan for Yaqui Ranch to maintain landscape conditions Fishes (Service 1994, p. 17). The 1). Use of the Slaughter Ranch domestic (Service 2005, p. 4). These include extirpation of several suspected water supply to support springsnails Roundup® and Rodeo®, which contain populations of San Bernardino was intended as an emergency measure glyphosate, a broad-spectrum herbicide, springsnail are believed to have been that ultimately could not be maintained caused by the loss of water flow by House Spring. As a result, surface with high water solubility. Pesticides attributable to water depletion and flow at Snail Spring has been with glyphosate can be slightly to diversion for domestic water use periodically augmented by Slaughter moderately toxic to aquatic organisms, (Landye 1973, p. 34; Malcom et al. 2003, Ranch managers using water diverted particularly zooplankton and microalgae p. 17), though the taxonomy of those from House Pond. While the perception (Montenegro-Rayo 2004, p. 34), which populations is unconfirmed. is that such augmentation maintains are food for springsnails. Two distinct aquifers exist in the San spring flow, the water chemistry of In addition to possibly contaminating Bernardino Valley basin, one deep and House Pond is believed to differ the food base for the springsnail, there the other shallow (Earman et al. 2003, significantly from the water chemistry may be direct effects to the springsnail. p. 35). These aquifers exhibit different that would naturally flow from Snail Tate et al. (1997, p. 286) reported that chemical and thermal properties. Many Spring. Consistent natural water flow glyphosate killed half of the aquatic of the springs in the area are influenced has not been observed in Snail Spring snails in the snail mimic lymnaea by both the deep and the shallow since 2005, and spot surveys have not (Pseudosuccinea columella) when the aquifers (Earman et al. 2003, p. 166; found the San Bernardino springsnail dosage was 0.004 ounces per quart (99 Malcom et al. 2005, pp. 75–76). House since then (Cox et al. 2007, p. 1; Malcom milligrams per liter). In the same study, Spring, Snail Spring, and Goat Tank 2007, p.1; Service 2007, p. 83; Martinez Tate et al. (1997, p. 286) continually Spring have a different chemical 2010, p. 1). However, these spot surveys exposed three successive generations of composition (isotopic signatures) than have not been intensive, and it is snails to varying concentrations of other springs in the area, as well as one possible the species has managed to glyphosate in water. The results of the another (Earman et al. 2003, p. 166), survive in wet areas where an overflow study indicate that long-term exposure indicating that the interaction between pipe discharges water from House Pond, to sub-lethal concentrations of the deep aquifer, shallow groundwater, several meters downstream of the glyphosate had a delayed effect on and spring sources, is a complex springhead. growth and development, egg-laying phenomenon. We have no information indicating capacity, and hatching of mimic Managers of Slaughter Ranch operate that Goat Tank Spring or Horse Spring lymnaea snails (Tate et al. 1997, p. 288). an irrigation system that relies on the has experienced any loss of water flow. Less than 50 percent of the eggs hatched shallow aquifer and surface water from Because the groundwater system feeding at a dosage of 0.0004 ounces per quart House Pond to provide water to turf these springs comprises complex (10 milligrams per liter). Thus, sub- grass and to a cattle pasture (Malcom et interactions between two separate lethal, as well as lethal, effects from the al. 2003, p. 18; Malcom 2007, p. 1; Cox aquifers, we cannot predict if these two use of glyphosate or other pesticides on et al. 2007, p. 2). Malcom (2007, p.1) springs will eventually cease flowing, as the Slaughter Ranch may be of concern and Cox (2007, p. 1) both reported a did the springhead at Snail Spring. Even for the San Bernardino springsnail. visible decline in flow from Snail and though the species continues to persist We are unaware of any threat from Tule Springs when this irrigation at Goat Tank and Horse Springs, it pesticides to the Three Forks system is running. This may indicate occurs in low numbers most likely due springsnail, because we have no that the drawdown of House Pond on to sub-optimal habitat conditions. information that pesticides are used in

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the vicinity of Three Forks or Boneyard information is available on parasites for depletion, and application of pesticides. Bog springs. the San Bernardino springsnail. Existing Federal, State, and local laws In summary, the present destruction, Springsnails are vulnerable to have been unable to prevent ongoing modification, and curtailment of habitat predation by a variety of fish, loss of the limited habitat of these and range of the Three Forks springsnail amphibians, reptiles, mammals, and springsnails, and they are not expected and the San Bernardino springsnail pose macroinvertebrates (Dillon 2000, p. to prevent further declines of the significant threats to these species. 273). Nonnative crayfish are known species. Threats to the habitat of the Three Forks predators of aquatic snails (Fernandez The policy for delivery of wildland springsnail are occurring principally and Rosen 1996, pp. 24–25; Parkyn et fire chemicals near waterways on USFS from exposure to wildfire and fire al. 1997, p. 690). Gut content analysis lands is described in the Interagency retardants, and uncontrolled wild has shown that nonnative mosquitofish Standards for Fire and Fire Aviation ungulate grazing. Threats to the habitat (Gambusia affinis) consumes Operations developed by the National of the San Bernardino springsnail are springsnails (Raisanen 1991, p. 71). Interagency Fire Center (NIFC). The caused by springhead inundation, Nonnative crayfish likely prey on the policy directs the USFS to avoid aerial groundwater depletion, and pesticide Three Forks springsnail. These crayfish application of wildland fire chemicals contamination. are relatively recent invaders at both within 300 ft (91 m) of waterways and Three Forks and Boneyard Bog springs. avoid any ground application of B. Overutilization for Commercial, In a laboratory aquaria experiment that wildland fire chemicals into waterways Recreational, Scientific, or Educational mimicked stream conditions found at (NIFC 2011, p. 3). The closest accidental Purposes Three Forks Springs, crayfish consumed delivery of fire retardant into a Both the Three Forks and San snails in the family Physidae (which waterway was approximately 0.65 mi (1 Bernardino springsnails have been occupy similar habitats as springsnails) km) upstream of Three Forks Springs subjected to a limited number of and their eggs within 1 week (Fernandez (USFS 2005, p. 12), well over the 300 ft scientific studies aimed at determining and Rosen 1996, pp. 24–25). (91 m) buffer established by NIFC taxonomy, distribution, and habitat use. As discussed under Factor A, the policy. Nevertheless, all aquatic areas at Although sampling can reduce Three Forks springsnail has been Three Forks Springs were affected by population size of springsnails extirpated from concrete-boxed fire retardant drift (USFS 2005, pp. 4, (Martinez and Sorensen 2007, p. 29), springheads at Three Forks Springs 12), likely from other unrecorded high- studies conducted on the Three Forks where it previously survived in elevation drops. Additionally, although and San Bernardino springsnails have abundance (Myers 2000, p. 1). The long term fire retardants containing not resulted in the removal of large extirpation of the species from these sodium ferrocyanide are no longer on numbers of snails, and we do not springboxes coincided with the invasion the USFS qualified products list as they believe they have had discernible effects of nonnative crayfish. Recognizing the were at the time of the KP/Three Forks on any population. threat, AGFD personnel conducted an Fires, fire retardant products currently Unauthorized collecting has been intensive crayfish trapping program on the qualified products list still identified as a threat to other snails, aimed at reducing potential predatory contain substances toxic to the snail, as including springsnails (65 FR 10033, pressure at Three Forks Springs (Nelson described under Factor A. Therefore, we February 25, 2000; 58 FR 5938, January et al. 2002, pp. 4, 6). Complete find the existing regulatory mechanisms 25, 1993; 56 FR 49646, September 30, elimination of crayfish from an aquatic inadequate to protect the Three Forks 1991), due to their rarity, restricted system is usually not possible (Helfrich springsnail from the detrimental effects distribution, and generally well-known et al. 2001, p. 4), and that was the case of fire retardant drift. locations. However, there is currently with the trapping effort at Three Forks The application of glyphosate no documentation of collection being a Springs. Arizona has no native crayfish herbicide within or near Snail Spring, significant threat to either the Three species (Inman 1999, p. 6). Since the Goat Tank Spring, and Horse Spring is Forks or San Bernardino springsnail. Three Forks springsnail did not evolve not regulated. The Environmental In summary, we find that the Three in the presence of crayfish and is likely Protection Agency is responsible for Forks and San Bernardino springsnails not evolutionarily adapted to cope with controlling the application of pesticides, are not threatened by overutilization for introduced crayfish, it is more which they do by putting a specimen commercial, recreational, scientific, or susceptible to crayfish predation. label on each pesticide container that educational purposes now, or in the We are unaware of the presence of explains restrictions on their use. The foreseeable future. significant populations of nonnative specimen label for Rodeo®, which is believed to be applied to the grass lawn C. Disease or Predation predators within springs occupied by the San Bernardino springsnail. on the Slaughter Ranch, does not restrict Exceptionally heavy parasitism on the In summary, we find that predation its use within and near aquatic sites female reproductive system of the Three by nonnative crayfish is a threat to the (DowAgroSciences 2006, p. 11). Forks springsnail has been observed on Three Forks springsnail, but predation Therefore, the label is inadequate to specimens from Three Forks Springs is not known to be a threat to the San protect the San Bernardino springsnail (Taylor 1987, p. 31). These parasites Bernardino springsnail. We have no from the detrimental effects of exposure were not described, but aquatic snails information indicating that disease is a to glyphosate. are known to serve as intermediate hosts threat for either species. The AGFD has conducted intensive for a variety of parasitic flatworms crayfish trapping at Three Forks Springs (Dillon 2000, p. 227; Schmidt and D. The Inadequacy of Existing in an effort to curb predation on the Roberts 2000, p. 1). Parasitic infection Regulatory Mechanisms Three Forks springsnail. However, these can result in castration of individual A primary cause of decline of these efforts have not eliminated crayfish at snails, and may contribute to population springsnails is the loss, degradation, and Three Forks Springs nor prevented their decline (Dillon 2000, pp. 270–272). fragmentation of habitat due to human spread into Boneyard Bog Springs. However, we have no information on activities, particularly application of Existing regulatory mechanisms to whether this has occurred to the Three aerial fire retardant, introduction of prevent introduction of nonnative Forks springsnail populations. No nonnative crayfish, groundwater crayfish and to control them, once

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introduced, are inadequate to protect landowner, without waste, can use at Lee’s Ferry in northern Arizona in the Three Forks springsnail. water beneath the land for any 2002 (AGFD 2002, p. 1). Since that time, We are not aware of State laws or beneficial purpose. Because the water detections of this exotic species have local ordinances that would limit the rights system does not acknowledge the occurred along the Colorado River at the use of groundwater on the Slaughter hydrologic connection between surface confluence of Diamond Creek, 226 miles Ranch or in the San Bernardino water and groundwater, it generally is downstream of Lee’s Ferry (Montana watershed; an adequate groundwater not possible to limit groundwater State University 2008, p. 1), and more supply is needed to protect and restore pumping in order to protect surface recently at Willow Beach Fish Hatchery, spring flow at Snail Spring and Tule water rights (Arizona Department of downstream of Lake Mead (Olson 2008, Spring. Spring flow at Snail Spring Water Resources 2009, p. 1). pp. 1–2). New Zealand mudsnails were seems to be reduced at times when the Take of the Three Forks springsnail also detected in Utah in 2001 and their shallow groundwater aquifer is drawn and the San Bernardino springsnail is dispersal through that State has been down by the Slaughter Ranch and other regulated by Arizona Game and Fish rapid (Vinson 2004, p. 9). users of the aquifer. There is a Warranty Commission Order 42, which The mudsnail has characteristics that Deed that reserves water rights on the establishes no open season (no enable it to out-compete and replace Slaughter Ranch to The Nature collecting) for any snail species in the native springsnails. Mudsnails tolerate a Conservancy (TNC), which previously genus Pyrgulopsis (AGFD 2009, p. 1). wide range of habitats, and can reach owned the ranch (TNC 1982, pp. 1–20; Although Order 42 prohibits direct densities exceeding tens of thousands Malcom 2007, p. 1; Eiden 2007, p. 1). taking of individuals, it does not per square meter, particularly in When TNC sold what is now the San prohibit habitat modification. Both systems with high primary productivity, Bernardino NWR to the Service, and the species are also identified as priority constant temperatures, and constant Slaughter Ranch to private landowners, species in the State Wildlife Action Plan flow (typical of spring systems), though it conveyed all water rights it held and prepared by AGFD. This plan helps faster moving water seems to limit the control of the use of water on the guide AGFD and other agencies in colonization (Richards et al. 2001, pp. ranch to the Service. Thus, through the determining what biotic resources 378–379). Mudsnails can dominate the Warranty Deed, the Service has the right should receive priority management invertebrate composition of an aquatic to control the use of water on the consideration. However, it is not a system, accounting for up to 97 percent Slaughter Ranch. The Service can regulatory document. of invertebrate biomass (Hall et al. 2003, withhold its consent for planned water In summary, current regulatory p. 409). In doing so, they can consume uses and other activities by the owner mechanisms do not provide adequate nearly all microorganisms attached to and managers of the Slaughter Ranch if protection for Three Forks and San submerged substrates, making food no it determines that such activities may Bernardino springsnail habitat from longer available for native species, in have an adverse effect on the fish and modification or destruction or the particular springsnails (Hall et al. 2003, snail species occurring on the ranch. spread of nonnative predators. USFS p. 409). Although invasion by The San Bernardino NWR has and State regulatory mechanisms are mudsnails is not considered an proactively worked with the ranch over adequate to control recreation and imminent threat, if the New Zealand the past several years to moderate scientific collecting, but these do not mudsnail were to be introduced into the irrigation water use, and to install a appear to be threats to either species at spring systems harboring the Three water line from House Spring to assist this time. Forks or San Bernardino springsnail, the in the maintenance of water flow at effect on springsnail populations could Snail Spring. The San Bernardino NWR E. Other Natural or Manmade Factors be devastating. Additionally, control is in the process of evaluating other Affecting Its Continued Existence would be difficult because mudsnails sources of water for irrigation by the Invasive Competitors are small and therefore cryptic, and Slaughter Ranch that are not because chemical treatment to eradicate hydrologically connected to the shallow The nonnative New Zealand mudsnail them would also eradicate springsnails. aquifer spring system. Although the (Potamopyrgus antipodarum) is an Climate Change Service is the sole owner of the water invasive freshwater snail of the family rights being used by the Slaughter Hydrobiidae that has become a concern Seagar et al. (2007, pp. 1181–1184) Ranch, the San Bernardino NWR is for spring-dependent aquatic snails, analyzed 19 computer models of initiating discussions with the Arizona including springsnails. The mudsnail is different variables to estimate the future Department of Water Resources to known to compete with and slow the climatology of the southwestern United properly claim the water rights growth of native freshwater snails, States and northern Mexico in response conveyed to the United States and to including springsnails (Lysne and to predictions of changing climatic establish an agreement with the Koetsier 2008, pp. 103, 105; Lysne et al. patterns. All but 1 of the 19 models Slaughter Ranch for water use. Through 2007, p. 6). There is potential for predicted a drying trend within the these efforts we are hopeful that we can invasion into the spring ecosystems Southwest; one predicted a trend eventually ensure reliable flow and occupied by the Three Forks and San toward a wetter climate (Seager et al. adequate water quality to provide for Bernardino springsnails because the 2007, p. 1181). A total of 49 projections the continued survival of the species. At mudsnail can be easily transported and were created using the 19 models and this time, however, threats to the San unintentionally introduced into aquatic all but 3 predicted a shift to increasing Bernardino springsnail from environments via birds, recreationists, aridity (dryness) in the Southwest as groundwater depletion persist. researchers, and resource managers. early as 2021–2040 (Seager, et al. 2007, Since 1919, Arizona’s courts have The mudsnail was first discovered in p. 1181). The Three Forks and San handled surface water and groundwater the United States in the Snake River, Bernardino springsnails depend on separately. Surface water allocations are Idaho, in 1987 and has since spread to permanent flowing water for survival. based on the ‘‘first in time, first in right’’ the Colorado River basin in the western Wetlands in the Southwest and northern priority system, while groundwater is United States (U.S. Geological Survey Mexico are predicted to be at risk of generally governed by the ‘‘reasonable 2002, p. 1). New Zealand mudsnails drying (Seager et al. 2007, pp. 1183– use’’ doctrine, which indicates that the were detected along the Colorado River 1184), which has severe implications for

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aquatic ecosystems. Potential drought water storage and conveyance systems natural and manmade factors affect their associated with changing climatic (Rahel and Olden 2008, pp. 521–522) continued existence. The Three Forks patterns may adversely affect the spring are all likely to exacerbate existing springsnail is also threatened by habitats of the Three Forks and San threats to the Three Forks and San predation. These endemic species are Bernardino springsnails, not only Bernardino springsnails and their threatened by limited distribution, lack reducing water availability, but also habitats. of mobility, and the isolation of altering food availability and predation populations. As a result, any impact Endemism rates. from increasing threats (loss of spring There are three predictions for Endemic species (organisms with flow, contaminants) is likely to result in anticipated effects from climate change narrowly distributed isolated their extinction because the magnitude in the Southwest. First, climate change populations) are susceptible to of threats is high. is expected to shorten periods of extinction from natural or human The Endangered Species Act (Section snowpack accumulation, as well as caused events. Biological and ecological 3(5)(C)(6) defines an endangered species lessen snowpack levels. With gradually factors that put a species at risk of as ‘‘any species which is in danger of increasing temperatures and reduced extinction include specialized habitat extinction throughout all or a significant snowpack (due to higher spring preference, restricted distribution, poor portion of its range.’’ Based on the temperatures and reduced winter-spring dispersal ability, population size, immediate and ongoing significant precipitation), annual runoff will be fragmentation of range, and life history threats to the Three Forks springsnail reduced (Garfin 2005, p. 42; Smith et al. specialization (McKinney 1997, p. 497; and San Bernardino springsnail 2003, p. 226), consequently reducing O’Grady et al. 2004, p. 514), all of which throughout their entire limited range, groundwater recharge. Second, characterize the Three Forks and San such as habitat destruction from loss of snowmelt is expected to occur earlier in Bernardino springsnails. In addition, spring flow, contamination, predation, the calendar year because increased both species have suffered substantial and endemism), we consider both minimum winter and spring reductions in overall numbers and species to be in danger of extinction temperatures could melt snowpacks populations. Although rarity itself is not throughout all of their range. Therefore, sooner, causing peak water flows to a threat, rarity coupled with existing the species is proposed as endangered, occur much sooner than the historical threats puts them at risk of decreased rather than threatened, because the spring and summer peak flows (Garfin population viability, loss of genetic threats are occurring now, making the 2005, p. 41; Smith et al. 2003, p. 226; diversity, and outright extinction. species at risk of extinction at the Stewart et al. 2004, pp. 217–218, 224, Extinction rates for freshwater species present time. Since threats extend 230) and reducing flows later in the are five times higher than those for throughout their entire range, it is season. Third, the hydrologic cycle is terrestrial species (Ricciardi and unnecessary to determine if they are in expected to become more dynamic on Rasmussen 1999, p. 1220). Spring- danger of extinction throughout a average with climate models predicting dependent species, such as springsnails, significant portion of their range. increases in the variability and intensity are especially at risk because spring Therefore, on the basis of the best of rainfall events. This will modify ecosystems harbor a disproportionate available scientific and commercial disturbance regimes by changing the percentage of endemic species information, we are proposing to list the magnitude and frequency of floods. All (Minckley and Unmack 2000, pp. 52–53; Three Forks springsnail and the San of these anticipated effects may alter the Shepard 1993, pp. 354–357). Because Bernardino springsnail as endangered habitat for the springsnails by altering both species have a very limited range, species throughout their entire range. surface water flow and ground water their populations are disjunct and Available Conservation Measures recharge. isolated from each other, and potential In addition, there will be increases in habitat areas are isolated, they are Conservation measures provided to riverine system temperatures in drier particularly vulnerable to localized species listed as endangered or climates that will result in periods of extinction should their habitat be threatened under the Act include prolonged low flows and stream drying degraded or destroyed. Because their recognition, recovery actions, (Rahel and Olden 2008, p. 526) and will mobility is limited, populations will requirements for Federal protection, and increase demand for water storage and have little opportunity to leave prohibitions against certain practices. conveyance systems (Rahel and Olden degraded habitat areas in search of Recognition through listing results in 2008, pp. 521–522). Warmer water suitable habitat. As a result, one public awareness and conservation by temperatures across temperate regions contamination or wildfire event in the Federal, state, Tribal, local agencies, are predicted to expand the distribution case of the Three Forks springsnail, or private organizations, and individuals. of existing aquatic nonnative species. In a short period of drawdown or exposure The Act encourages cooperation with a study that compared the thermal to pesticides in the aquatic habitat of the the States and requires that recovery tolerances of 57 fish species with San Bernardino springsnail, could result actions be carried out for all listed predictions made from climate change in the loss of an entire population. species. The protection measures temperature models, Mohseni et al. required of Federal agencies and the (2003, p. 389) concluded that there Proposed Determination prohibitions against certain activities would be 31 percent more suitable We have carefully assessed the best are discussed, in part, below. habitat for aquatic nonnative species, scientific and commercial information The primary purpose of the Act is the which are often tropical in origin and available regarding the past, present, conservation of endangered and adaptable to warmer water and future threats to the Three Forks threatened species and the ecosystems temperatures. This could result in an springsnail and the San Bernardino upon which they depend. The ultimate expansion in the range of nonnative springsnail. The habitat and range of goal of such conservation efforts is the species that is detrimental to the both species are threatened with recovery of these listed species, so that viability of springsnail populations. destruction, modification, and they no longer need the protective Warmer water temperatures, altered curtailment. Existing regulatory measures of the Act. Subsection 4(f) of stream flow events and groundwater mechanisms do not provide adequate the Act requires the Service to develop recharge, and increased demand for protection for these species, and other and implement recovery plans for the

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conservation of endangered and Act, the State of Arizona would be of these measures is yet threatened species. The recovery eligible for Federal funds to implement undemonstrated. We had recently planning process involves the management actions that promote the established a captive refugium for Three identification of actions that are protection and recovery of the Three Forks springsnail in coordination with necessary to halt or reverse the species’ Forks springsnail and San Bernardino USFS, AGFD, and the Phoenix Zoo. decline by addressing the threats to its springsnail. Information on our grant This refugium is no longer viable, but survival and recovery. The goal of this programs that are available to aid we hope to apply lessons learned to process is to restore listed species to a species recovery can be found at: future efforts to establish refugia. We point where they are secure, self- http://www.fws.gov/grants. intend to work with the USFS, AGFD, sustaining, and functioning components Although the Three Forks springsnail the Zoo, and The Nature Conservancy of their ecosystems. and San Bernardino springsnail are only (which owns property near Boneyard Recovery planning includes the proposed for listing under the Act at Bog Springs) to develop conservation development of a recovery outline this time, please let us know if you are actions for the Three Forks springsnail. shortly after a species is listed, interested in participating in recovery Additionally, Service staff is currently preparation of a draft and final recovery efforts for this species. Additionally, we working to publish additional results of plan, and revisions to the plan as invite you to submit any new field studies describing habitat significant new information becomes information on this species whenever it relationships for the Three Forks available. The recovery outline guides becomes available and any information springsnail. the immediate implementation of urgent you may have for recovery planning Efforts to rehabilitate habitat on the recovery actions and describes the purposes (see FOR FURTHER INFORMATION San Bernardino NWR at Tule Spring process to be used to develop a recovery CONTACT). have been initiated (Service 2003, p. 2), plan. The recovery plan identifies site- Section 7(a) of the Act, as amended, with the intention of potentially specific management actions that will requires Federal agencies to evaluate reintroducing San Bernardino achieve recovery of the species, their actions with respect to any species springsnails. However, the measurable criteria that determine when that is proposed or listed as endangered inconsistency of water flow reduces the a species may be downlisted or delisted, or threatened and with respect to its likelihood of successful reestablishment and methods for monitoring recovery critical habitat, if any is designated. of the species on the San Bernardino progress. Recovery plans also establish Regulations implementing this NWR. The Service is also seeking to a framework for agencies to coordinate interagency cooperation provision of the acquire, through donation, the John their recovery efforts and provide Act are codified at 50 CFR part 402. Slaughter Ranch for incorporation into estimates of the cost of implementing Section 7(a)(1) requires Federal the San Bernardino NWR. This would recovery tasks. Recovery teams agencies, in consultation with the provide tremendous opportunities to (comprised of species experts, Federal Service, to carry out programs for the protect, manage, and enhance springs and State agencies, nongovernmental conservation of listed species. Section on the property. However, it is organizations, and stakeholders) are 7(a)(4) requires Federal agencies to uncertain if this transaction will occur. often established to develop recovery confer with the Service on any action The Service intends to continue to work plans. When completed, the recovery that is likely to jeopardize the continued with AGFD and the John Slaughter outline, draft recovery plan, and the existence of a species proposed for Ranch to develop conservation actions final recovery plan will be available listing or result in destruction or for the San Bernardino springsnail, from our Web site (http://www.fws.gov/ adverse modification of proposed perhaps including the development of a endangered), or from our Arizona critical habitat. If a species is domestic water well that would not Ecological Services Field Office (see FOR subsequently listed, section 7(a)(2) affect surface waters. FURTHER INFORMATION CONTACT). requires Federal agencies to ensure that The Act and its implementing Implementation of recovery actions activities they authorize, fund, or carry regulations set forth a series of general generally requires the participation of a out are not likely to jeopardize the prohibitions and exceptions that apply broad range of partners, including other continued existence of the species or to all endangered wildlife. The Federal agencies, States, non- destroy or adversely modify its critical prohibitions, codified at 50 CFR 17.21 governmental organizations, businesses, habitat. If a Federal action may for endangered wildlife, in part, make it and private landowners. Examples of adversely affect a listed species or its illegal for any person subject to the recovery actions include habitat critical habitat, the responsible Federal jurisdiction of the United States to take restoration (e.g., restoration of native agency must enter into formal (includes harass, harm, pursue, hunt, vegetation), research, captive consultation with the Service. shoot, wound, kill, trap, capture, or propagation and reintroduction, and For the Three Forks springsnail and collect; or to attempt any of these), outreach and education. The recovery of San Bernardino springsnail, Federal import, export, ship in interstate many listed species cannot be agency actions that may require commerce in the course of commercial accomplished solely on Federal lands consultation as described in the activity, or sell or offer for sale in because their range may occur primarily preceding paragraph include activities interstate or foreign commerce any or solely on non-Federal lands. To approved under a forest management listed species. It is also illegal to achieve recovery of these species plan, a refuge comprehensive possess, sell, deliver, carry, transport, or requires cooperative conservation efforts management plan, and activities that ship any such wildlife that has been on private and State lands. require a permit from the Army Corps taken illegally. Certain exceptions apply If these species are listed, funding for of Engineers pursuant to section 404 of to agents of the Service and State recovery actions will be available from the Clean Water Act. conservation agencies. a variety of sources, including Federal The USFS has established a closure We may issue permits to carry out budgets, State programs, and cost share around Three Forks Springs to prevent otherwise prohibited activities grants for nonfederal landowners, the unauthorized access. The AGFD has involving threatened or endangered academic community, and implemented a crayfish trapping wildlife species under certain nongovernmental organizations. In program and a Three Forks springsnail circumstances. Regulations governing addition, pursuant to section 6 of the monitoring program. The effectiveness permits are codified at 50 CFR 17.22 for

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endangered species. With regard to (I) essential to the conservation of the considerations or protection. Critical endangered wildlife, a permit must be species and habitat designations identify, to the issued for the following purposes: for (II) which may require special extent known using the best scientific scientific purposes, to enhance the management considerations or and commercial data available, those propagation or survival of the species, protection; and physical and biological features that are and for incidental take in connection (ii) specific areas outside the essential to the conservation of the with otherwise lawful activities. geographical area occupied by a species species (such as space, food, cover, and It is our policy, as published in the at the time it is listed, upon a protected habitat), focusing on the Federal Register on July 1, 1994 (59 FR determination that such areas are principal biological or physical 34272), to identify to the maximum essential for the conservation of the constituent elements (primary extent practicable at the time a species species. constituent elements) within an area is listed, those activities that would or Conservation, as defined under that are essential to the conservation of would not constitute a violation of section 3 of the Act, means the use of the species (such as roost sites, nesting section 9 of the Act. The intent of this all methods and procedures that are grounds, seasonal wetlands, water policy is to increase public awareness of necessary to bring any endangered quality, tide, soil type). Primary the effect of a proposed listing on species or threatened species to the constituent elements are the elements of proposed and ongoing activities within point at which the measures provided physical and biological features that, the range of species proposed for listing. under the Act are no longer necessary. when laid out in the appropriate The following activities could Such methods and procedures include, quantity and spatial arrangement to potentially result in a violation of but are not limited to, all activities provide for a species’ life-history section 9 of the Act; this list is not associated with scientific resources processes, are essential to the comprehensive: management such as research, census, conservation of the species. law enforcement, habitat acquisition (1) Unauthorized collecting, handling, Under the Act and regulations at 50 and maintenance, propagation, live possessing, selling, delivering, carrying, CFR 424.12, we can designate critical or transporting of the species, including trapping, and transplantation, and, in the extraordinary case where population habitat in areas outside the geographical import or export across State lines and area occupied by the species at the time international boundaries, except for pressures within a given ecosystem cannot be otherwise relieved, may it is listed as critical habitat only when properly documented antique we determine that those areas are specimens of these taxa at least 100 include regulated taking. Critical habitat receives protection essential for the conservation of the years old, as defined by section 10(h)(1) under section 7 of the Act through the species and that designation limited to of the Act; prohibition against Federal agencies those areas occupied at the time of (2) Introduction of nonnative species carrying out, funding, or authorizing the listing would be inadequate to ensure that compete with or prey upon the destruction or adverse modification of the conservation of the species. When Three Forks springsnail and San critical habitat. Section 7(a)(2) requires the best available scientific data do not Bernardino springsnail, such as the consultation on Federal actions that demonstrate that the conservation needs introduction of competing, nonnative may affect critical habitat. The of the species require such additional species to the State of Arizona; designation of critical habitat does not areas, we will not designate critical (3) The unauthorized release of affect land ownership or establish a habitat in areas outside the geographical biological control agents that attack any refuge, wilderness, reserve, preserve, or area occupied by the species. An area life stage of this species; other conservation area. Such currently occupied by the species but (4) Unauthorized modification of the designation does not allow government that was not occupied at the time of springs or water flow of any stream or or public access to private lands. Such listing may, however, be essential to the removal or destruction of emergent designation does not require conservation of the species and may be aquatic vegetation in any body of water implementation of restoration, recovery, included in the critical habitat in which the Three Forks springsnail or enhancement measures by non- designation. and San Bernardino springsnail are Federal landowners. Where a landowner Section 4 of the Act requires that we known to occur; and seeks or requests Federal agency designate critical habitat on the basis of (5) Unauthorized discharge of funding or authorization that may affect the best scientific and commercial data chemicals or fill material into any a listed species or critical habitat, the available. Further, our Policy on waters in which the Three Forks consultation requirements of Section Information Standards Under the springsnail and San Bernardino 7(a)(2) of the Act would apply. Endangered Species Act (published in springsnail are known to occur. However, even in the event of a the Federal Register on July 1, 1994 (59 Questions regarding whether specific destruction or adverse modification FR 34271)), the Information Quality Act activities would constitute a violation of finding, the Federal action agency’s and (section 515 of the Treasury and General section 9 of the Act should be directed the applicant’s obligation is not to Government Appropriations Act for to the Arizona Ecological Services Field restore or recover the species, but to Fiscal Year 2001 (Pub. L. 106–554; H.R. FOR FURTHER INFORMATION Office (see implement reasonable and prudent 5658)), and our associated Information CONTACT). alternatives to avoid destruction or Quality Guidelines, provide criteria, Critical Habitat adverse modification of critical habitat. establish procedures, and provide For inclusion in a critical habitat guidance to ensure that our decisions Background designation, the habitat within the are based on the best scientific data Critical habitat is defined in section 3 geographical area occupied by the available. They require our biologists, to of the Act as: species at the time it was listed must the extent consistent with the Act and (i) The specific areas within the contain the physical and biological with the use of the best scientific data geographical area occupied by a species, features that are essential to the available, to use primary and original at the time it is listed in accordance conservation of the species, and be sources of information as the basis for with the Act, on which are found those included only if those features may recommendations to designate critical physical or biological features require special management habitat.

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When we are determining which areas expected to increase the degree of threat implementation of the Comprehensive should be proposed as critical habitat, to the species, or (2) such designation of Conservation Plan by the San our primary source of information is critical habitat would not be beneficial Bernardino NWR. generally the information developed to the species. Although we make a detailed during the listing process for the There is no documentation that the determination of the habitat needs of a species. Additional information sources Three Forks and San Bernardino listed species during the recovery may include the recovery plan for the springsnails are threatened by collection planning process, the Act has no species, articles in peer-reviewed and, therefore, are unlikely to provision to delay designation of critical journals, conservation plans developed experience increased threats by habitat until such time as a recovery by States and counties, scientific status identifying critical habitat. In the plan is prepared. We reviewed the surveys and studies, biological absence of a finding that the designation available information pertaining to assessments, or other unpublished of critical habitat would increase threats habitat characteristics where these two materials and expert opinion or to a species, if there are any benefits to species are located. This and other personal knowledge. a critical habitat designation, then a information represent the best scientific Habitat is often dynamic, and species prudent finding is warranted. The data available and lead us to conclude may move from one area to another over potential benefits include: (1) Triggering that the designation of critical habitat is time. Furthermore, we recognize that consultation under section 7 of the Act, both prudent and determinable for the designation of critical habitat may not in new areas for actions in which there Three Forks Springsnail and San include all of the habitat areas that we may be a Federal nexus where it would Bernardino springsnail. may eventually determine, based on not otherwise occur because, for scientific data not now available to the example, it has become unoccupied or Critical Habitat Determinability Service, are necessary for the recovery the occupancy is in question; (2) As stated above, section 4(a)(3) of the of the species. For these reasons, a focusing conservation activities on the Act requires the designation of critical critical habitat designation does not most essential features and areas; (3) habitat concurrently with the species’ signal that habitat outside the providing educational benefits to State listing ‘‘to the maximum extent prudent designated area is unimportant or may or county governments or private and determinable.’’ Our regulations at 50 not be required for recovery of the entities; and (4) preventing people from CFR 424.12(a)(2) state that critical species. causing inadvertent harm to the species. habitat is not determinable when one or Areas that support populations, but The primary regulatory effect of both of the following situations exist: are outside the critical habitat critical habitat is the section 7(a)(2) (i) Information sufficient to perform designation, will continue to be subject requirement that Federal agencies required analyses of the impacts of the to conservation actions we implement refrain from taking any action that designation is lacking, or under section 7(a)(1) of the Act. Areas destroys or adversely modifies critical (ii) The biological needs of the species that support populations are also subject habitat. At present, the Three Forks are not sufficiently well known to to the regulatory protections afforded by springsnail occurs only on Federal lands permit identification of an area as the section 7(a)(2) jeopardy standard, as in the White Mountains of east-central critical habitat. determined on the basis of the best Arizona. Lands proposed for When critical habitat is not available scientific information at the designation as critical habitat would be determinable, the Act provides for an time of the agency action. Federally subject to Federal actions that trigger the additional year to publish a critical funded or permitted projects affecting section 7 consultation requirements. habitat designation (16 U.S.C. listed species outside their designated These include land-management actions 1533(b)(6)(C)(ii)). critical habitat areas may still result in and permitting by the Apache- We reviewed the available jeopardy findings in some cases. Sitgreaves National Forests. information pertaining to the biological Similarly, critical habitat designations There may also be some educational needs of the species and habitat made on the basis of the best available or informational benefits to the characteristics where this species is information at the time of designation designation of critical habitat. located. This and other information will not control the direction and Educational benefits include the represent the best scientific data substance of future recovery plans, notification of lessees and the general available and led us to conclude that the habitat conservation plans (HCPs), or public of the importance of protecting designation of critical habitat is both other species’ conservation planning habitat. prudent and determinable for the Three efforts if new information available to At present, the only known extant Forks Springsnail and San Bernardino these planning efforts calls for a population of the San Bernardino springsnail. different outcome. springsnail occurs on private lands in the United States. Although the species Methods Prudency Determination is believed to have historically occurred As required by section 4(b) of the Act, Section 4(a)(3) of the Act, as on the San Bernardino NWR, the species we used the best scientific data amended, and implementing regulations currently is not known to occur on available in determining areas that (50 CFR 424.12), require that, to the Federal lands. However, the San contain the features that are essential to maximum extent prudent and Bernardino NWR has proposed to the conservation of the Three Forks determinable, we designate critical reintroduce the species onto the refuge; springsnail and the San Bernardino habitat at the time the species is therefore, the species may occur in the springsnail. This includes information determined to be endangered or future on Federal lands. In addition, from the Service’s Species Assessment threatened. Our regulations (50 CFR lands proposed for designation as and Listing Priority Assignment Forms 424.12(a)(1)) state that the designation critical habitat, whether or not under (available at http://ecos.fws.gov/tess_ of critical habitat is not prudent when Federal jurisdiction, may be subject to public/pub/SpeciesReport.do?listing one or both of the following situations Federal actions that trigger the section 7 Type=C); published literature; site exist: (1) The species is threatened by consultation requirement, such as the visits; data compiled by the Arizona taking or other human activity, and granting of Federal monies or Federal Heritage Data Management System at identification of critical habitat can be permits. These may include AGFD; topographic maps; data supplied

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by the USFS, San Bernardino NWR, and (1) Space for individual and densities are higher in sand and cobble AGFD; and other information in our population growth and for normal substrates, higher vegetation density, files. behavior; and higher water velocity, but lower in We also reviewed the available (2) Food, water, air, light, minerals, or silt and organic substrates, and deeper information pertaining to historical and other nutritional or physiological water (Malcom et al. 2005, pp. 75–76). current distribution, ecology, life requirements; The species’ tolerance to these habitat (3) Cover or shelter; history, and habitat requirements of the characteristics has not been quantified. (4) Sites for breeding, reproduction, or Maintenance of high water velocity Three Forks springsnail and San rearing (or development) of offspring; flows at springheads and spring runs is Bernardino springsnail. This material and essential for both the Three Forks and included research published in peer- (5) Habitats that are protected from San Bernardino springsnails. reviewed scientific journals, museum disturbance or are representative of the Three Forks and San Bernardino records, technical reports, and historical, geographical, and ecological springsnails consume periphyton on unpublished field observations by distributions of a species. submerged surfaces. Periphyton is a Service, State, Federal, and other We derive the specific physical and complex mixture of algae, detritus, experienced biologists, as well as biological features required for the two bacteria, and other microbes that grow additional notes and communications Arizona springsnails from studies of attached to submerged surfaces such as with qualified professionals and these species’ habitats, ecology, and life cobble or larger plants, such as experts. histories as described below. We have watercress. Periphyton are primary We plotted all known occurrences in determined that the Three Forks producers of energy (organisms at the springheads, spring runs, and ditches of springsnail and the San Bernardino beginning of a food chain that produce the Three Forks and San Bernardino springsnail require the following biomass from inorganic compounds) springsnails on 2007 U.S. Geological physical and biological features: and can be sensitive indicators of Survey (USGS) Digital Ortho Quarter Space for Individual and Population environmental change in flowing Quad maps using ArcMap Growth and Normal Behavior waters. Spring ecosystems occupied by (Environmental Systems Research these springsnail species must support The Three Forks and San Bernardino Institute, Inc.), a computer GIS program. the periphyton upon which springsnails springsnails occur where water emerges For the San Bernardino springsnail, we graze. from the ground as a free-flowing spring also mapped the historical occurrence at and spring run. Within spring Sites for Breeding, Reproduction, and Tule Spring on San Bernardino NWR. ecosystems, proximity to springheads is Rearing and Development of Offspring For the Three Forks springsnail at the important due to their need for Substrate characteristics influence the Three Forks Spring complex, we believe appropriate water chemistry, substrate, productivity of Three Forks and San that all springs occupied prior to the and flow regime characteristics of Bernardino springsnails. Suitable exposure to fire retardant in 2004 (see springheads. The Three Forks substrates are typically firm, discussion above under Threat Factor A) springsnail inhabits free-flowing characterized by cobble, gravel, sand, are still occupied, although the Three springs, concrete boxed springheads, woody debris, and aquatic vegetation Forks Springs population seems rather spring runs, spring seeps, and shallow such as watercress, though this is tenuous. Polygons were computer- ponded water. The San Bernardino influenced by water flow and depth. generated by applying a 1 m (3.3 ft) springsnail inhabitats free-flowing Suitable substrates increase productivity buffer around these occurrence springs, a concrete boxed springhead, by providing suitable egg laying sites, locations to capture the moist soils and and spring runs. protection of young from predators, and vegetation that produce food for the provision of food resources. snails and protect the substrate they use. Food, Water, Air, Light, or Other Because of the small size of the springs Nutritional or Physiological Habitats That Are Protected From and spring runs we are proposing to Requirements Disturbance and Representative of the designate for the San Bernardino Martinez and Myers (2008, pp. 189– Historical, Geographical, and Ecological springsnail, we were precluded from 194) found the presence of Three Forks Distribution of the Species mapping them precisely due to springsnail was associated with gravel The Three Forks springsnail and the inaccuracies inherent in the use of and pebble substrates, shallow water up San Bernardino springsnail have satellites for locating and mapping. to 6 cm (2.35 in) deep, high restricted geographic distributions. Therefore, for mapping purposes we conductivity, alkaline waters of pH 8, Endemic species whose populations created a circle that encompasses them. and the presence of pond snail, Physa exhibit a high degree of isolation are GPS coordinates have been field gyrina. Three Forks springsnail density extremely susceptible to extinction from verified. is significantly greater on gravel and both random and non-random Physical and Biological Features cobble substrates (Martinez and Myers catastrophic natural or human-caused 2002, p. 1; Nelson 2002, p. 1), though events. Therefore, it is essential to In accordance with section 3(5)(A)(i) the species has been reported as maintain the spring systems upon and 4(b)(1)(A) of the Act and regulations ‘‘abundant’’ in the fine-grained mud of a which the Three Forks springsnail and at 50 CFR 424.12, in determining which 0.01 ha (0.02 ac) pond at Three Forks San Bernardino springsnail depend. areas within the geographical area Springs (Taylor 1987, p. 32). The Adequate spring sites, free of occupied at the time of listing to density of San Bernardino springsnails inappropriate disturbance, must exist to propose as critical habitat, we consider is positively associated with cobble promote population expansion and the physical and biological features that substrates, higher vegetation density, viability. This means protection from are essential to the conservation of the faster water velocity, higher dissolved disturbance caused by exposure to fire species, and which may require special oxygen, water temperature of 14 to 22 retardant, recreation, elk grazing, water management considerations or degrees Celsius, and pH values between depletion, and water contamination. protection. These include, but are not 7.6 and 8.0 (Malcom et al. 2005, pp. 71, The Three Forks springsnail and San limited to: 75–76). San Bernardino springsnail Bernardino springsnail must sustain and

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expand their current distribution if contain essential physical or biological Slaughter Ranch. Although not ecological representation of these features that may require special currently occupied, Tule Spring on the species is to be ensured. For the Three management considerations or nearby San Bernardino NWR contains a Forks springsnail, this means it must protections to ensure the conservation majority of the PCEs. repopulate the Three Forks Spring of the Three Forks springsnail and San We evaluated both species of complex to levels it occupied prior to Bernardino springsnail. springsnail in the context of their the 2004 wildfire described under Criteria Used To Identify Critical distribution within their historical Factor A. For the San Bernardino Habitat range, to determine what portion of springsnail, it must repopulate the their range must be included to ensure entirety of the historical Snail Spring, As required by section 4(b) of the Act, conservation of both species. For the and be re-introduced into a spring, we used the best scientific and Three Forks springsnail, we are which it historically occupied. At this commercial data available in designating all habitat containing PCEs time, we believe Tule Spring is the most determining areas within the that we consider to be currently likely candidate since it still retains geographical area occupied at the time occupied, which is also the entire some water flow. of listing that contain the features known historically occupied habitat. essential to the conservation of Three Primary Constituent Elements (PCEs) for For the San Bernardino springsnail, we Forks springsnail and San Bernardino are designating the three occupied the Three Forks and San Bernardino springsnail, and areas outside of the Springsnails springs and the only remaining geographical area occupied at the time historically occupied spring (but Based on the above needs and our of listing that are essential for the currently unoccupied) in the United current knowledge of the life history, conservation of Three Forks springsnail States that still contains the PCEs for the biology, and ecology of these species and San Bernardino springsnail. We species because we believe they are have also reviewed available and the habitat requirements for essential to conservation of the species information that pertains to the habitat sustaining the essential life history as discussed above. If the two cienegas requirements of these species. functions of these species, we have nearby in Mexico are determined to determined that the Three Forks We are proposing to designate critical habitat in two areas occupied by the harbor the San Bernardino springsnail, springsnail and the San Bernardino we would not designate critical habitat springsnail PCEs are: Three Forks springsnail at the time of listing, the Three Forks and Boneyard for the species in either of those (1) Adequately clean spring water cienegas because we do not designate (free from contamination) emerging Bog spring complexes; three areas occupied by the San Bernardino critical habitat outside the United from the ground and flowing on the States. surface; springsnail at the time of listing, Snail (2) Periphyton (attached algae), Spring, Goat Tank Spring, and Horse We assessed the critical life-history bacteria, and decaying organic material Spring; and one area not occupied by components of these springsnail for food; the San Bernardino springsnail at the species, as they relate to habitat. Three (3) Substrates that include cobble, time of listing (but considered to have Forks and San Bernardino springsnails gravel, pebble, sand, silt, and aquatic been historically occupied), Tule require unpolluted spring water in vegetation, for egg laying, maturing, Spring. These springs all contain springheads and spring runs; feeding, and escape from predators; and features essential to the conservation of periphyton, bacteria, and decaying (4) Either an absence of nonnative the respective springsnail species. We organic material for food; rock-derived predators (crayfish) and competitors have determined that Tule Spring, substrates for egglaying, maturing, (snails) or their presence at low although not currently occupied, is feeding, and escape from predators; and population levels. essential to the conservation of the San absence or low levels of nonnative Bernardino springsnail, as the predators and competitors. The areas Special Management Considerations or geographic area occupied at the time of proposed as critical habitat for the Three Protections listing is not sufficient for conservation Forks springsnail and the San When designating critical habitat, we and the SBNWR has identified Tule Bernardino springsnail contain these assess whether the proposed areas Spring as a potential reintroduction site PCEs that are essential to these life- contain features that are essential to the with the availability of restorable habitat history components of the species. conservation of the species and may on protected lands. Both species occur or occurred in require special management The Three Forks springsnail occurs in isolated populations in very small areas. considerations and protections. Threats two separate spring complexes, Three For the Three Forks springsnail, to the physical and biological features Forks Springs and Boneyard Bog catastrophic wildfires and firefighting essential to the conservation of the Springs. Historically, the species was actions (retardant drops), as well as Three Forks springsnail and San abundant at these spring complexes. overgrazing by elk, and random, intense Bernardino springsnail include loss of Recently, annual surveys have natural disasters threaten the two spring flows due to groundwater documented only two or three populations with extinction. For the San depletion and drought; inundation of individual Three Forks springsnails at Bernardino springsnail, known springheads due to pond creation; Three Forks Springs since 2004. The populations are at risk of extinction degradation of water quality due to species continues to occur in abundance from groundwater pumping and pollution, exposure to fire retardant, or at Boneyard Bog Springs. exposure to pesticides. We are other alteration of water chemistry; The San Bernardino springsnail may proposing for designation of critical alteration of appropriate aquatic have historically occurred in a complex habitat lands that we have determined substrates due to wild ungulate grazing, of at least six springs along the Rio San are occupied at the time of listing and inundation, and erosion; and, the Bernardino within the headwaters of the contain sufficient PCEs to support life introduction of nonnative predators and Rio Yaqui in Arizona. Currently, it is history functions essential for the competitors. Due to one or more of the known from Goat Tank Spring, Horse conservation of the species, and lands above threats, we find that all areas that Spring, and likely from wet portions of outside of the geographical area we are proposing for critical habitat Snail Spring on the private John occupied at the time of listing that we

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have determined are essential for the the conservation of the species because constitute our current and best conservation of these species. they will provide for population assessment of the areas that meet the Units are proposed for designation redundancy to protect against definition of critical habitat for the based on sufficient PCEs being present extinction. Three Forks springsnail and the San to support life processes. Some units Proposed Critical Habitat Designation Bernardino springsnail. Table 1 summarizes the threats and current contained all PCEs and support multiple We are proposing two units of critical occupancy of the proposed critical life processes. Some segments contain habitat for the Three Forks springsnail habitat units. Table 2 provides only a portion of the PCEs necessary to and four units of critical habitat for the support use of that habitat, but remain San Bernardino springsnail. The critical approximate areas (ac/ha) and land an essential component necessary for habitat units we describe below ownership of the units.

TABLE 1—THREATS AND OCCUPANCY IN AREAS CONTAINING FEATURES ESSENTIAL TO THE CONSERVATION OF THE THREE FORKS AND SAN BERNARDINO SPRINGSNAILS.

Critical habitat unit Threats requiring special management or protections Currently occupied

Three Forks springsnail

1. Three Forks Springs Unit ...... wildfire, fire retardant use, elk grazing, nonnative predators, and potential intro- yes. duction of nonnative snails. 2. Boneyard Bog Springs Unit ...... wildfire, fire retardant use, elk grazing, nonnative predators, and potential intro- yes. duction of nonnative snails.

San Bernardino springsnail

1. Snail Spring Unit ...... groundwater depletion, drought, water contamination from pesticide use, and unknown. potential introduction of nonnative snails. 2. Goat Tank Spring Unit ...... groundwater depletion, drought, water contamination from pesticide use, and yes. potential introduction of nonnative snails. 3. Horse Spring Unit ...... groundwater depletion, drought, water contamination from pesticide use, and yes. potential introduction of nonnative snails. 4. Tule Spring Unit ...... groundwater depletion, drought, and potential introduction of nonnative snails .. no.

TABLE 2—OWNERSHIP AND APPROXIMATE AREA OF PROPOSED CRITICAL HABITAT UNITS

Critical habitat unit Ownership Total area

Three Forks springsnail

1. Three Forks Springs Unit ...... Federal ...... 2.5 ha (6.1 ac) 2. Boneyard Bog Springs Unit ...... Federal ...... 2.0 ha (5.0 ac)

Total ...... 4.5 ha (11.1 ac)

San Bernardino springsnail

1. Snail Spring Unit ...... Private ...... 0.457 ha (1.129 ac) 2. Goat Tank Spring Unit ...... Private ...... 0.002 ha (0.005 ac) 3. Horse Spring Unit ...... Private ...... 0.032 ha (0.078 ac) 4. Tule Spring Unit ...... Federal ...... 0.324 ha (0.801 ac)

Total ...... 0.815 ha (2.013 ac)

We present below brief descriptions Three Forks Springsnail unit of approximately 2.5 ha (6.1 ac) in of all units and reasons why they meet the vicinity of UTM Zone 12 coordinate Three Forks Springs Unit the definition of critical habitat for the 655710, 3747260 in Apache County. Three Forks springsnail or San The proposed Three Forks Springs The entire unit is in Federal ownership Bernardino springsnail. Unit Unit is a complex of springs, spring and managed by the Apache-Sitgreaves descriptions are presented separately by runs, spring seeps, a segment of an National Forests of the USFS. The unit species. unnamed stream connecting them, and encompasses eight major springheads a small amount of upland area and spring runs, which each flow a encircling them to make them a single short distance of several meters to an

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unnamed tributary of the Black River. supports all of the Three Forks San Bernardino Springsnail Two of the spring runs flow into a pond, springsnail life processes. Snail Spring Unit which is occupied by the species and Boneyard Bog Springs Unit has an outflow run to the unnamed The proposed Snail Spring Unit tributary. The spring complex contains The proposed Boneyard Bog Springs encompasses 0.457 ha (1.129 ac) in spring seeps along the spring runs and Unit is a complex of springs, spring Cochise County. The entire unit is in the tributary. We are proposing to runs, spring seeps, and a segment of an private ownership and managed by the designate a single critical habitat unit unnamed stream connecting them, and John Slaughter Ranch. The spring is that includes the springheads, spring a small amount of upland area approximately 5 m (16 ft) in diameter runs, seeps, pond, and that portion of encircling them to make them a single and has a spring run that goes south the unnamed tributary that connects the unit of approximately 2.0 ha (5.0 ac) in from the spring approximately 23.5 m spring runs. The tributary itself is the vicinity of UTM Zone 12 coordinate (77 ft) to a manmade ditch, which runs occupied where there are spring seeps 659970, 3750730 in Apache County. 10.2 m (33.5 ft) to a dirt road. It passes along it and provides for springsnail The entire unit is in Federal ownership under the road in a 3.5 m (11.5 ft) movement among the occupied seeps, and managed by the Apache-Sitgreaves culvert, then flows approximately 17 m spring runs and springs, thus providing National Forests of the USFS. The unit (56 ft) below the road. We are not habitat connectivity. The area within encompasses seven major springheads proposing the road as critical habitat, the proposed unit contains a small and spring runs, which each flow a but we are proposing to designate the amount of upland area adjacent to the short distance of several meters to an culvert beneath the road because it springheads, spring runs, spring seeps unnamed tributary of the Black River. contains flowing water that is a PCE. and the tributary segment. The moist The spring complex contains spring The spring and spring run down to the soils and vegetation in the adjacent seeps along the spring runs and the ditch is dry and is likely unoccupied, uplands (approximately 1 m (3.3 ft) in tributary. We are proposing to designate though they contain other PCEs such as width) are essential to the species a single critical habitat unit that substrate. It is unknown if the ditch is because they produce food for the snails includes the springheads, spring runs, occupied when water and other PCEs and protect the substrate they use. The seeps, and that portion of the unnamed are present. We are proposing to include remaining small amount of upland area tributary that connects the spring runs. a 1 m (3.3 ft) buffer of upland area is included to connect the entire The tributary itself is occupied where around the spring, spring run and ditch there are spring seeps along it and because it has moist soils and vegetation essential, occupied habitat to form a provides for springsnail movement that produce food for the snails and single unit. Human-caused changes to among the occupied seeps, spring runs protect the substrate they use. Because the uplands adjacent to the aquatic and springs and is essential for habitat of the small size of the spring, spring habitats can be managed through this connectivity. The area within the run, and ditch, we are precluded from proposed unit designation to control proposed unit contains a small amount mapping them precisely due to threats to the aquatic habitats through of upland area adjacent to the inaccuracies inherent in the use of conservation efforts by AGFD and springheads, spring runs, spring seeps satellites for locating and mapping. through consultations between USFS and the tributary segment. The moist Therefore, for mapping purposes we and the Service under section 7 of the soils and vegetation in the adjacent created a circle that encompasses them. Act. For specific coordinates of the uplands (approximately 1 meter (3.3 ft) The proposed critical habitat is the boundaries for the proposed critical in width) are essential to the species spring, spring run, ditch and buffer habitat designation, please reference the because they produce food for the snails within the 76 m (249 ft) diameter circle unit descriptions in the Regulation and protect the substrate they use. The centered on UTM coordinate 663858, Promulgation section below. remaining small amount of upland area 3468182 in Zone 12. Threats to the Three Forks springsnail is included to connect all of the Threats to the San Bernardino in this unit that may require special essential, occupied habitat to form a springsnail in this unit that may require management of the physical and single unit. Human-caused changes to special management of the physical and biological features include wildfire, fire the uplands adjacent to the aquatic biological features include groundwater retardant use to fight wildfires, erosion habitats can be managed through this depletion, drought, water contamination and sedimentation, elk grazing, proposed unit designation to control from pesticide use, and potential predation by nonnative crayfish, and threats to the aquatic habitats through introduction of nonnative snails. potential competition from nonnative conservation efforts by AGFD and Groundwater depletion, perhaps from snails. The Three Forks Springs through consultations between USFS watering the lawn adjacent to Snail complex has had documented and the Service under section 7 of the Spring, has threatened the species with occupancy since 1973 (Landye 1973, p. Act. For specific coordinates of the a loss of flowing water in the past (Cox 49), and the species was considered boundaries for the proposed critical et al. 2007, p. 2; Smith et al. 2003, p. abundant there until 2004 (AGFD 2008; habitat designation, please reference the 1; Malcom et al. 2003, p. 18) and Service 2008, p. 1) when the waters unit descriptions in the Proposed continues to threaten it. Groundwater appear to have been contaminated by Regulation Promulgation section below. depletion threatens the region more wildfire retardant drift. Surveys in 2004, Threats to the Three Forks springsnail broadly as the human population grows immediately following a wildfire and in this unit that may require special and demands for water increase fire retardant use, failed to locate management of the physical and (Earman et al. 2003, p. 259), especially springsnails, though surveys in biological features include wildfire, fire during periods of drought. Human- subsequent years revealed the species in retardant use to fight wildfires, elk caused changes to the uplands adjacent low numbers (Cox 2007, p. 1; Bailey grazing, predation by nonnative to the aquatic habitats likely cannot be 2008, p. 1). Fire retardant becomes non- crayfish, and potential competition from managed through this proposed unit toxic within a few days of contact with nonnative snails. This proposed unit designation to control threats to the water, so currently, the Three Forks contains all the PCEs and supports all aquatic habitat, particularly runoff from Springs Unit contains all of the PCEs of the Three Forks springsnail life pesticide use on the adjacent lawn essential to the species, and the unit processes. unless Federal actions or funding are

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involved. If that occurs, we would enter Horse Spring Unit is approximately 21.7 m (71 ft) in into consultation under section 7 of the The proposed Horse Spring Unit length. The spring run emerges from the Act. The proposed Snail Spring Unit encompasses 0.032 ha (0.078 ac) in southeastern side of the spring pond, contains all the physical and biological Cochise County. The entire unit is in runs northeast for approximately 12.5 m features in a complex spatial private ownership and managed by the (41 ft) to a manmade ditch, which runs arrangement and supports all of the San John Slaughter Ranch. The spring southeast 9.2 m (30 ft). We are Bernardino springsnail life processes emerges from a PVC pipe and flows in proposing to include a 1 m (3.3 ft) buffer where water is present. a springrun that is approximately 0.5 m of upland area around the spring, spring Goat Tank Spring Unit (1.6 ft) wide and 15.5 m (50.9 ft) in run, and ditch because it has moist soils and vegetation that produce food for the The proposed Goat Tank Spring Unit length. We are proposing to include a 1 m (3.3 ft) buffer of upland area around snails and protect the substrate they use. encompasses 0.002 ha (0.005 ac) in Because of the small size of the spring, Cochise County. The entire unit is in the springhead and springrun because it has moist soils and vegetation that spring run, and ditch, we are precluded private ownership and managed by the from mapping them precisely due to John Slaughter Ranch. The spring is produce food for the snails and protect the substrate they use. Because of the inaccuracies inherent in the use of contained entirely within a square satellites for locating and mapping. concrete box approximately 0.6 × 0.9 m small size of the springhead and × springrun, we are precluded from Therefore, for mapping purposes we (2 3 ft). There is also some spring created a circle that encompasses them. seepage emanating from the base of mapping them precisely due to inaccuracies inherent in the use of The proposed critical habitat is the cottonwood tree about 2 m (6.6 ft) from spring, spring run, ditch and buffer the springbox. We are proposing to satellites for locating and mapping. Therefore, for mapping purposes we within the 64 m (210 ft) diameter circle include a 1 m (3.3 ft) of upland area centered on UTM coordinate 664259, around the springbox and spring created a circle that encompasses them. The proposed critical habitat is the 3468499 in Zone 12. seepage because it has moist soils and The proposed Tule Spring Unit is vegetation that produce food for the springbox, spring seepage, and buffer within the 20 m (66 ft) diameter circle currently unoccupied by the San snails and protects the substrate snails Bernardino springsnail, but is use. Because of the small size of the centered on UTM coordinate 663772, 3468091 in Zone 12. considered to have been historically springbox and spring seepage, we are occupied (Malcom et al. 2007, p. 19) precluded from mapping them precisely Threats to the San Bernardino springsnail in this unit that may require and shares a common aquifer and due to inaccuracies inherent in the use similarities in water chemistry, of satellites for locating and mapping. special management of the physical and biological features include groundwater temperature and hydrology with Snail Therefore, for mapping purposes we Spring. Tule Spring is essential to the created a circle that encompasses them. depletion, drought, water contamination from pesticide use, and potential conservation of the species because it The proposed critical habitat is the provides a reintroduction opportunity to springbox, spring seepage, and buffer introduction of nonnative snails. Groundwater depletion has affected the provide population redundancy of the within the 5 m (16 ft) diameter circle species. When developing conservation centered on UTM coordinate 663725, species with a loss of flowing water at nearby Snail Spring in the recent past strategies for species whose life histories 3468162 in Zone 12. are characterized by short generation Threats to the San Bernardino (Cox et al. 2007, p. 2; Smith et al. 2003; time, small body size, high rates of springsnail in this unit that may require p. 1, Malcom et al. 2003, p. 18) and population increase, and high habitat special management of the physical and continues to threaten it. Groundwater biological features include groundwater depletion threatens the region more specificity; greater emphasis should be depletion, drought, water contamination broadly as the human population grows placed on the maintenance of multiple from pesticide use, and potential and demands for water increase populations as opposed to protecting a introduction of nonnative snails. (Earman et al. 2003, p. 259), especially single population (Murphy et al. 1990, Groundwater depletion has affected the during periods of drought. Human- pp. 41–51). species with a loss of flowing water at caused changes to the uplands adjacent Effects of Critical Habitat Designation nearby Snail Spring in the recent past to the aquatic habitats likely cannot be Section 7 Consultation (Cox et al. 2007, p. 2; Smith et al. 2003, managed through this proposed unit p. 1; Malcom et al. 2003, p. 18) and designation to control threats to the Section 7 of the Act requires Federal continues to threaten it. Groundwater aquatic habitat, particularly runoff from agencies, including the Service, to depletion threatens the region more pesticide use on the adjacent lawn ensure that actions they fund, authorize, broadly as the human population grows unless Federal actions or funding are or carry out are not likely to jeopardize and demands for water increase involved. If that occurs, we would enter the continued existence of a listed (Earman et al. 2003, p. 259), especially into consultation under section 7 of the species or destroy or adversely modify during periods of drought. Human- Act. The proposed Horse Spring Unit critical habitat. Decisions by the courts caused changes to the uplands adjacent contains all the PCEs that support all of of appeals for the Fifth and Ninth to the aquatic habitats likely cannot be the San Bernardino springsnail life Circuit Courts of Appeals have managed through this proposed unit processes. invalidated our definition of designation to control threats to the ‘‘destruction or adverse modification’’ aquatic habitat, particularly runoff from Tule Spring Unit (50 CFR 402.02) (see Gifford Pinchot pesticide use on the adjacent lawn The proposed Tule Spring Unit Task Force v. U.S. Fish and Wildlife unless Federal actions or funding are encompasses 0.324 ha (0.801 ac) in Service, 378 F. 3d 1059 (9th Circuit involved. If that occurs, we would enter Cochise County. The entire unit is in 2004) and Sierra Club v. U.S. Fish and into consultation under section 7 of the Federal ownership and managed by the Wildlife Service et al., 245 F.3d 434, Act. The proposed Goat Tank Unit San Bernardino NWR of the Service. 442F (5th Circuit 2001), and we do not contains all the PCEs that support all of The spring forms a pond approximately rely on this regulatory definition when the San Bernardino springsnail life 23 m (75 ft) north-south and 13 m (43 analyzing whether an action is likely to processes. ft) east-west, and it has a spring run that destroy or adversely modify critical

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habitat. Under the statutory provisions jeopardize the continued existence of a USDA-Rural Utilities Service of the Act, we determine destruction or listed species or destroy or adversely infrastructure or development; U.S. adverse modification on the basis of modify critical habitat, we also provide Department of Homeland Security whether, with implementation of the reasonable and prudent alternatives to activities in regard to immigration proposed Federal action, the affected the project, if any are identifiable. We enforcement and regulation; the critical habitat would remain functional define ‘‘Reasonable and prudent Department of Housing and Urban (or retain those PCEs that relate to the alternatives’’ at 50 CFR 402.2 as Development Small Cities Community ability of the area to periodically alternative actions identified during Development Block Grant and home support the species) to serve its consultation that: loan programs; or a permit from us intended conservation role for the • Can be implemented in a manner under section 10(a)(1)(B) of the Act. species. consistent with the intended purpose of Federal actions not affecting listed If a species is listed or critical habitat the action; species or critical habitat, and actions is designated, section 7(a)(2) of the Act • Can be implemented consistent on State, Tribal, local, or private lands requires Federal agencies to ensure that with the scope of the Federal agency’s that are not federally funded, activities they authorize, fund, or carry legal authority and jurisdiction; authorized, or permitted, do not require out are not likely to jeopardize the • Are economically and section 7(a)(2) consultations. In addition continued existence of the species or to technologically feasible; and to several of the specific examples • destroy or adversely modify its critical Would, in the Director’s opinion, above, other Federal actions that may habitat. If a Federal action may affect a avoid jeopardizing the continued require consultation on Federal lands listed species or its critical habitat, the existence of the listed species or include land-management actions responsible Federal agency (action destroying or adversely modifying implemented by the applicable Federal agency) must enter into consultation critical habitat. land management agency. with us. As a result of this consultation, Reasonable and prudent alternatives ‘‘ we document compliance with the can vary from slight project Application of the Adverse ’’ requirements of section 7(a)(2) through modifications to extensive project Modification Standard our issuance of: redesign or relocation of the project. The key factor related to the adverse (1) A concurrence letter for Federal Costs associated with implementing modification determination is whether, actions that may affect, but are not reasonable and prudent alternatives are with implementation of the proposed likely to adversely affect, listed species similarly variable. Federal action, the affected critical or critical habitat; or Regulations at 50 CFR 402.16 require habitat would continue to serve its (2) A biological opinion for Federal Federal agencies to reinitiate intended conservation role for the actions that are likely to adversely affect consultation on previously reviewed species, or would retain those PCEs that listed species or critical habitat. actions in instances where we have relate to the ability of the area to An exception to the concurrence listed a new species or subsequently periodically support the species. process referred to in (1) above occurs designated critical habitat that may have Activities that may destroy or adversely in consultations involving National Fire been affected and the Federal agency modify critical habitat are those that Plan projects. In 2004, the USFS and the has retained discretionary involvement alter the PCEs to an extent that Bureau of Land Management (BLM) or control over the action (or the appreciably reduces the conservation reached agreements with the Service to agency’s discretionary involvement or value of critical habitat for the Three streamline a portion of the section 7 control is authorized by law). Forks springsnail or the San Bernardino consultation process (BLM 2004, pp. 1– Consequently, Federal agencies may springsnail. As discussed above, the role 8; USFS 2004, pp. 1–8). The agreements sometimes need to request reinitiation of critical habitat is to support the life allow the USFS and the BLM the of consultation with us on actions for history needs of the species and provide opportunity to make ‘‘not likely to which formal consultation has been for the conservation of the species. adversely affect’’ (NLAA) determinations completed, if those actions with Section 4(b)(8) of the Act requires us for projects implementing the National discretionary involvement or control to briefly evaluate and describe, in any Fire Plan. Such projects include may affect subsequently listed species proposed or final regulation that prescribed fire, mechanical fuels or designated critical habitat. designates critical habitat, activities treatments (thinning and removal of Federal actions that may affect the involving Federal actions that may fuels to prescribed objectives), Three Forks springsnail or the San adversely modify such habitat, or that emergency stabilization, burned area Bernardino springsnail or their may be affected by such designation. rehabilitation, road maintenance and designated critical habitat require Activities that, when carried out, operation activities, ecosystem section 7(a)(2) consultation under the funded, or authorized by a Federal restoration, and culvert replacement Act. On private lands, examples of agency, may affect critical habitat and, actions. The USFS and the BLM must Federal actions include, but are not therefore, should result in consultation ensure staff are properly trained, and limited to, Environmental Protection for the Three Forks springsnail and the both agencies must submit monitoring Agency authorization of discharges San Bernardino springsnail include, but reports to the Service to determine if the under the National Pollutant Discharge are not limited to: procedures are being implemented Elimination System and registration of (1) Actions that would reduce the properly and that effects on endangered pesticides; Federal Highway quantity of water flow within the spring species and their habitats are being Administration approval of funding of systems proposed as critical habitat. properly evaluated. As a result, we do road or highway infrastructure and (2) Actions that would result in the not believe the alternative consultation maintenance; Corps authorization of inundation of springheads within the processes being implemented as a result discharges of dredged and fill material spring systems proposed as critical of the National Fire Plan will differ into waters of the United States under habitat. significantly from those consultations section 404 of the CWA; U.S. (3) Actions that would degrade water being conducted by the Service. Department of Agriculture (USDA) quality within the spring systems When we issue a biological opinion Natural Resources Conservation Service proposed for designation as critical concluding that a project is likely to technical assistance and other programs; habitat.

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(4) Actions that would reduce the Secretary has broad discretion regarding addition to economic impacts and availability of coarse, firm aquatic which factors to use and how much impacts on national security. We substrates within the spring systems weight to give any factor. consider a number of factors including that are proposed as critical habitat. Under section 4(b)(2) of the Act, in whether the landowners have developed (5) Actions that would reduce the considering whether to exclude a any HCPs or other management plans occurrence of native aquatic particular area from the designation, we for the area, or whether there are macrophytes, algae, and/or periphyton must identify the benefits of including conservation partnerships that would be within the spring systems proposed as the area in the designation, identify the encouraged by designation of, or critical habitat. benefits of excluding the area from the exclusion from, critical habitat. In (6) Actions that would cause, designation, and determine whether the addition, we look at any Tribal issues, promote, or maintain the presence of benefits of exclusion outweigh the and consider the government-to- nonnative predators and competitors at benefits of inclusion. If based on this government relationship of the United unacceptable levels within the spring analysis, we make this determination, States with Tribal entities. We also systems proposed as critical habitat. then we can exclude the area only if consider any social impacts that might such exclusion would not result in the Exemptions occur because of the designation. extinction of the species. We have evaluated the Forest Application of Section 4(a)(3) of the Act Management Plan for the Apache- Exclusions Based on Economic Impacts The Sikes Act Improvement Act of Sitgreaves National Forests with respect Under section 4(b)(2) of the Act, we 1997 (Sikes Act) (16 U.S.C. 670a) to providing adequate protection and consider the economic impacts of required each military installation that management for the Three Forks specifying any particular area as critical includes land and water suitable for the springsnail. At this time, the Plan does habitat. In order to consider economic conservation and management of not provide sufficient protection and impacts, we are preparing an analysis of natural resources to complete an management to satisfy the criteria the economic and other impacts of integrated natural resource management necessary for proposed exclusion from proposing critical habitat for the Three plan (INRMP) by November 17, 2001. critical habitat. There are currently no The National Defense Authorization Forks springsnail and San Bernardino conservation plans for the private lands Act for Fiscal Year 2004 (Pub. L. 108– springsnail. We will announce the in the Snail Spring Unit for the San 136) amended the Act to limit areas availability of the draft economic Bernardino springsnail. eligible for designation as critical analysis as soon as it is completed, at In preparing this proposal, we have habitat. Specifically, section 4(a)(3)(B)(i) which time we will seek public review determined that the proposed of the Act (16 U.S.C. 1533(a)(3)(B)(i)) and comment. At that time, copies of designation does not include any Tribal now provides: ‘‘The Secretary shall not the draft economic analysis will be lands or trust resources. We anticipate designate as critical habitat any lands or available for downloading from the no impact to Tribal lands, partnerships, other geographical areas owned or Internet at http://www.regulations.gov, or HCPs from this proposed critical controlled by the Department of or from the Arizona Ecological Services habitat designation. There are no areas Defense, or designated for its use, that Field Office (see FOR FURTHER proposed for exclusion from this are subject to an integrated natural INFORMATION CONTACT section). We may proposed designation based on other resources management plan prepared exclude areas from the final rule based relevant impacts. on the information in the economic under section 101 of the Sikes Act (16 Peer Review U.S.C. 670a), if the Secretary determines analysis. During the development of a In accordance with our joint policy in writing that such plan provides a final designation, we will consider published in the Federal Register on benefit to the species for which critical economic impacts, public comments, July 1, 1994 (59 FR 34270), we are habitat is proposed for designation.’’ and other new information, and areas There are no Department of Defense may be excluded from the final critical requesting the expert opinions of at least lands with a completed INRMP within habitat designation under section 4(b)(2) three appropriate and independent the critical habitat designation. of the Act and our implementing specialists regarding this proposed rule. regulations at 50 CFR 424.19. The purpose of peer review is to ensure Exclusions that our proposed rule is based on Exclusions Based on National Security Application of Section 4(b)(2) of the Act scientifically sound data, assumptions, Impacts and analyses. We will invite these peer Section 4(b)(2) of the Act states that Under section 4(b)(2) of the Act, we reviewers to comment, during the the Secretary must designate and revise consider whether there are lands owned public comment period, on the specific critical habitat on the basis of the best or managed by the Department of assumptions and conclusions regarding available scientific data after taking into Defense (DOD) where a national security the proposal to list the Three Forks consideration the economic impact, impact might exist. In preparing this springsnail and San Bernardino national security impact, and any other proposal, we have determined that the springsnail as endangered, and our relevant impact of specifying any lands within the proposed designation decision regarding critical habitat for particular area as critical habitat. The of critical habitat for the Three Forks these species. Secretary may exclude an area from and San Bernardino springsnails are not We will consider all comments and critical habitat if he determines that the owned or managed by the Department of information received during the benefits of such exclusion outweigh the Defense, and therefore, anticipate no comment period on this proposed rule benefits of specifying such area as part impact to national security. There are no during preparation of a final of the critical habitat, unless he areas proposed for exclusion based on rulemaking. Accordingly, the final determines, based on the best scientific impacts on national security. decision may differ from this proposal. data available, that the failure to designate such area as critical habitat Exclusions Based on Other Relevant Public Hearings will result in the extinction of the Impacts The Act provides for one or more species. In making that determination, Under section 4(b)(2) of the Act, we public hearings on this proposal, if we the legislative history is clear that the consider any other relevant impacts, in receive any request for hearings.

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Requests must be received within 45 under section 4(b)(2) of the Act and E.O. Assistance, and Independent Living; days after the date of publication of this 12866. This draft economic analysis will Family Support Welfare Services; and proposal in the Federal Register. Send provide the required factual basis for the Child Support Enforcement. ‘‘Federal your request to the person named in FOR RFA finding. Upon completion of the private sector mandate’’ includes a FURTHER INFORMATION CONTACT. We will draft economic analysis, we will regulation that would impose an schedule public hearings on this announce availability of the draft enforceable duty upon the private proposal, if any are requested, and economic analysis of the proposed sector, except (i) a condition of Federal announce the dates, times, and places of designation in the Federal Register and assistance or (ii) a duty arising from those hearings, as well as how to obtain reopen the public comment period for participation in a voluntary Federal reasonable accommodations, in the the proposed designation. We will program. Federal Register and local newspapers include with this announcement, as The designation of critical habitat at least 15 days before the first hearing. appropriate, an initial regulatory does not impose a legally binding duty flexibility analysis or a certification that on non-Federal Government entities or Required Determinations the rule will not have a significant private parties. Under the Act, the only Regulatory Planning and Review economic impact on a substantial regulatory effect is that Federal agencies number of small entities accompanied must ensure that their actions do not The Office of Management and Budget by the factual basis for that destroy or adversely modify critical (OMB) has determined that this rule is determination. We have concluded that habitat under section 7. While non- not significant and has not reviewed deferring the RFA finding until Federal entities that receive Federal this rule under Executive Order 12866. completion of the draft economic funding, assistance, or permits, or that OMB bases its determination upon the analysis is necessary to meet the otherwise require approval or following four criteria: purposes and requirements of the RFA. authorization from a Federal agency for (a) Whether the rule will have an Deferring the RFA finding in this an action, may be indirectly impacted annual effect of $100 million or more on manner will ensure that we make a by the designation of critical habitat, the the economy or adversely affect an sufficiently informed determination legally binding duty to avoid economic sector, productivity, jobs, the based on adequate economic destruction or adverse modification of environment, or other units of the information and provides the necessary critical habitat rests squarely on the government. opportunity for public comment. Federal agency. Furthermore, to the (b) Whether the rule will create extent that non-Federal entities are inconsistencies with other Federal Unfunded Mandates Reform Act indirectly impacted because they agencies’ actions. In accordance with the Unfunded receive Federal assistance or participate (c) Whether the rule will materially Mandates Reform Act (2 U.S.C. 1501 et in a voluntary Federal aid program, the affect entitlements, grants, user fees, seq.), we make the following findings: Unfunded Mandates Reform Act would loan programs, or the rights and (a) This proposed rule will not not apply; nor would critical habitat obligations of their recipients. produce a Federal mandate. In general, shift the costs of the large entitlement (d) Whether the rule raises novel legal a Federal mandate is a provision in programs listed above onto State or policy issues. legislation, statute or regulation that governments. Regulatory Flexibility Act (5 U.S.C. 601 would impose an enforceable duty upon (b) We do not expect this rule to et seq.) State, local, or tribal governments, or the significantly or uniquely affect small private sector and includes both governments. Small governments will Under the Regulatory Flexibility Act ‘‘Federal intergovernmental mandates’’ be affected only to the extent that any (RFA; 5 U.S.C. 601 et seq., as amended and ‘‘Federal private sector mandates.’’ programs having Federal funds, permits, by the Small Business Regulatory These terms are defined in 2 U.S.C. or other authorized activities must Enforcement Fairness Act (SBREFA) of 658(5)(7). ‘‘Federal intergovernmental ensure that their actions will not 1996), whenever an agency must mandate’’ includes a regulation that adversely affect the critical habitat. publish a notice of rulemaking for any ‘‘would impose an enforceable duty Therefore, a Small Government Agency proposed or final rule, it must prepare upon State, local, or [T]ribal Plan is not required. However, we will and make available for public comment governments,’’ with two exceptions. It further evaluate this issue as we a regulatory flexibility analysis that excludes ‘‘a condition of Federal conduct our economic analysis, and describes the effects of the rule on small assistance.’’ It also excludes ‘‘a duty review and revise this assessment as entities (i.e., small businesses, small arising from participation in a voluntary warranted. organizations, and small government Federal program,’’ unless the regulation jurisdictions). However, no regulatory ‘‘relates to a then-existing Federal Takings flexibility analysis is required if the program under which $500,000,000 or In accordance with E.O. 12630 head of the agency certifies the rule will more is provided annually to State, (Government Actions and Interference not have a significant economic impact local, and [T]ribal governments under with Constitutionally Protected Private on a substantial number of small entitlement authority,’’ if the provision Property Rights), we will analyze the entities. SBREFA amended RFA to would ‘‘increase the stringency of potential takings implications of require Federal agencies to provide a conditions of assistance’’ or ‘‘place caps designating critical habitat for the Three statement of the factual basis for upon, or otherwise decrease, the Federal Forks springsnail and San Bernardino certifying that the rule will not have a Government’s responsibility to provide springsnail in a takings implications significant economic impact on a funding,’’ and the State, local, or [T]ribal assessment. The takings implications substantial number of small entities. governments ‘‘lack authority’’ to adjust assessment will determine whether this At this time, we lack the available accordingly. At the time of enactment, designation of critical habitat for the economic information necessary to these entitlement programs were: Three Forks springsnail and San provide an adequate factual basis for the Medicaid; AFDC work programs; Child Bernardino springsnail poses significant required RFA finding. Therefore, we Nutrition; Food Stamps; Social Services takings implications for lands within or defer the RFA finding until completion Block Grants; Vocational Rehabilitation affected by the proposed revised of the draft economic analysis prepared State Grants; Foster Care, Adoption designation. We will further evaluate

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this issue as we conduct our economic the Three Forks springsnail and San ‘‘Government-to-Government Relations analysis. Bernardino springsnail. with Native American Tribal Governments’’ (59 FR 22951), E.O. Federalism Paperwork Reduction Act of 1995 13175, and the Department of the In accordance with E.O. 13132 This proposed rule does not contain Interior’s manual at 512 DM 2, we (Federalism), this proposed rule does any new collections of information that readily acknowledge our responsibility not have significant Federalism effects. require approval by OMB under the to communicate meaningfully with A Federalism assessment is not Paperwork Reduction Act of 1995 (44 recognized Federal Tribes on a required. In keeping with Department of U.S.C. 3501 et seq.). This rule will not government-to-government basis. In the Interior and Department of impose recordkeeping or reporting accordance with Secretarial Order 3206 Commerce policy, we requested requirements on State or local of June 5, 1997 (American Indian Tribal information from, and coordinated governments, individuals, businesses, or Rights, Federal-Tribal Trust development of, this proposed critical organizations. An agency may not Responsibilities, and the Endangered habitat designation with appropriate conduct or sponsor, and a person is not Species Act), we readily acknowledge State resource agencies in Arizona. The required to respond to, a collection of our responsibilities to work directly designation of critical habitat on lands information unless it displays a with Tribes in developing programs for currently occupied by the Three Forks currently valid OMB control number. healthy ecosystems, to acknowledge that springsnail or San Bernardino National Environmental Policy Act tribal lands are not subject to the same springsnail imposes no additional controls as Federal public lands, to restrictions to those currently in place It is our position that, outside the remain sensitive to Indian culture, and and, therefore, has little incremental jurisdiction of the Circuit Court of the to make information available to Tribes. impact on State and local governments United States for the Tenth Circuit, we We have determined that there are no and their activities. The designation do not need to prepare environmental Tribal lands occupied at the time of may have some benefit to these analyses as defined by the National listing with features essential for the governments because the areas that Environmental Policy Act (NEPA) (42 conservation, and no Tribal lands that contain the features essential to the U.S.C. 4321 et seq.) in connection with are essential for the conservation, of the conservation of the species are more designating critical habitat under the clearly defined, and the physical and Three Forks springsnail and San Act. We published a notice outlining Bernardino springsnail. Therefore, we biological features of the habitat our reasons for this determination in the necessary to the conservation of the have not proposed designation of Federal Register on October 25, 1983 critical habitat for the Three Forks species are specifically identified. This (48 FR 49244). This assertion was information does not alter where and springsnail and San Bernardino upheld by the Circuit Court of the springsnail on Tribal lands. what federally sponsored activities may United States for the Ninth Circuit occur. However, it may assist local (Douglas County v. Babbitt, 48 F.3d Energy Supply, Distribution, or Use governments in long-range planning 1495 (9th Cir. 1995), cert. denied 516 Executive Order 13211, ‘‘Actions (rather than having them wait for case- U.S. 1042 (1996)). by-case section 7 consultations to Concerning Regulations That occur). Clarity of the Rule Significantly Affect Energy Supply, ’’ Where state and local governments We are required by Executive Orders Distribution, or Use, requires agencies require approval or authorization from a 12866 and 12988 and by the to prepare Statements of Energy Effects Federal agency for actions that may Presidential Memorandum of June 1, when undertaking certain actions. This affect critical habitat, consultation 1998, to write all rules in plain proposed rule to designate critical under section 7(a)(2) would be required. language. This means that each rule we habitat for the Three Forks springsnail While non-Federal entities that receive publish must: and San Bernardino springsnail is not a Federal funding, assistance, or permits, (a) Be logically organized; significant regulatory action, and we do or that otherwise require approval or (b) Use the active voice to address not expect it to significantly affect authorization from a Federal agency for readers directly; energy supplies, distribution, or use. an action, may be indirectly impacted (c) Use clear language rather than Therefore, this action is not a significant by the designation of critical habitat, the jargon; energy action, and no Statement of legally binding duty to avoid (d) Be divided into short sections and Energy Effects is required. However, we destruction or adverse modification of sentences; and will further evaluate energy-related critical habitat rests squarely on the (e) Use lists and tables wherever issues as we conduct our economic Federal agency. possible. analysis, and review and revise this If you feel that we have not met these assessment as warranted. Civil Justice Reform requirements, send us comments by one References Cited In accordance with E.O. 12988 (Civil of the methods listed in the ADDRESSES Justice Reform), the Office of the section. To better help us revise the A complete list of all references cited Solicitor has determined that the rule rule, your comments should be as in this rule is available on the Internet does not unduly burden the judicial specific as possible. For example, you at http://www.regulations.gov or upon system and that it meets the should tell us the numbers of the request from the Field Supervisor, requirements of sections 3(a) and 3(b)(2) sections or paragraphs that are unclearly Arizona Ecological Services Field Office of the Order. We have proposed written, which sections or sentences are (see FOR FURTHER INFORMATION CONTACT designating critical habitat in too long, the sections where you feel section). accordance with the provisions of the lists or tables would be useful, etc. Authors Act. This proposed rule uses standard property descriptions and identifies the Government-to-Government The primary authors of this document physical and biological features within Relationship With Tribes are the staff members of the Arizona the designated areas to assist the public In accordance with the President’s Field Services Office (see FOR FURTHER in understanding the habitat needs of memorandum of April 29, 1994, INFORMATION CONTACT).

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List of Subjects in 50 CFR Part 17 50 of the Code of Federal Regulations, 2. In § 17.11(h) add entries for as set forth below: ‘‘Springsnail, San Bernardino’’ and Endangered and threatened species, ‘‘Springsnail, Three Forks’’ to the List of Exports, Imports, Reporting and PART 17—[AMENDED] Endangered and Threatened Wildlife in recordkeeping requirements, and alphabetic order under SNAILS to read Transportation. 1. The authority citation for part 17 as follows: continues to read as follows: Regulation Promulgation § 17.11 Endangered and threatened Authority: 16 U.S.C. 1361–1407; 16 U.S.C. wildlife. Accordingly, we propose to amend 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– * * * * * part 17, subchapter B of chapter I, title 625, 100 Stat. 3500, unless otherwise noted. (h) * * *

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

******* SNAILS

******* Springsnail, San Pyrgulopsis U.S.A. (AZ) ...... Entire ...... E 17.95(f) NA Bernardino bernardina

******* Springsnail, Three Pyrgulopsis trivialis U.S.A. (AZ) ...... Entire ...... E 17.95(f) NA Forks.

*******

3. In § 17.95, amend paragraph (f) by (2) The physical and biological contain one or more of the physical and adding entries for ‘‘San Bernardino features of critical habitat for the San biological features, and there are no Springsnail (Pyrgulopsis bernardina)’’ Bernardino springsnail are: developed areas other than the road and ‘‘Three Forks Springsnail (i) Adequately clean spring water (free culvert and concrete springbox included (Pyrgulopsis trivialis)’’ to follow the from contamination) emerging from the to protect water within them. ground and flowing on the surface; entry for ‘‘Rough hornsnail (Pleurocera (4) Critical habitat map units were (ii) Periphyton (attached algae), foremani)’’ to read as follows: plotted on 2007 USGS Digital Ortho bacteria, and decaying organic material § 17.95 Critical habitat—fish and wildlife. for food; Quarter Quad maps using Universal Transverse Mercator (UTM) coordinates * * * * * (iii) Substrates, which include cobble, in ArcMap. Because of the small size of (f) Clams and Snails. gravel, pebble, sand, silt, and aquatic vegetation, for egg laying, maturing, the springs, spring runs and ditches, for * * * * * feeding, and escape from predators; and mapping purposes we created a circle that encompasses them. San Bernardino Springsnail (Pyrgulopsis (iv) Either an absence of nonnative bernardina) predators (crayfish) and competitors (5) (snails) or their presence at low Note: Index map of critical habitat for the (1) Critical habitat units are depicted population levels. San Bernardino springsnail follows: for Cochise County, on the map in (3) We have determined that all of the paragraph (5) of this entry. areas designated as critical habitat BILLING CODE 4310–55–P

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BILLING CODE 4310–55–P is included in critical habitat, but not meters using North American Datum of (6) Snail Spring Unit 0.457 ha (1.129 the road itself. We include 1 m (3.3 ft) 1983 (NAD 83). ac) in Cochise County, Arizona. The of upland area around the spring, spring (7) Goat Tank Spring Unit 0.002 ha proposed unit is a spring approximately run and ditch because it has moist soils (0.005 ac) in Cochise County. The unit 5 m (16 ft) in diameter and has a spring and vegetation that produce food for the is a spring contained entirely within a run that goes south from the spring snails and protect the substrate essential square concrete box approximately 0.61 approximately 23.5 m (77 ft) to a to the species. The critical habitat is the × 0.91 m (2 × 3 ft) and spring seepage manmade ditch, which runs 10.2 m spring, spring run, ditch and buffer emanating from the base of cottonwood (33.5 ft) to a dirt road. It passes under within the 76 m (249 ft) diameter circle tree about 2 m (6.56 ft) from the the road in a 3.5 m (11.5 ft) culvert, then centered on UTM coordinate 663858, springbox. We include 1 m (3.3 ft) of flows approximately 17 m (56 ft) below 3468182 in Zone 12 with the units in upland area around the spring box and the road. The culvert beneath the road spring. The critical habitat is the

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springbox, spring seepage, and buffer from the southeastern side of the spring (ii) Periphyton (attached algae), within the 5 m (16.4 ft) diameter circle pond, runs northeast for approximately bacteria, and decaying organic material centered on UTM coordinate 663725, 12.5 m (41 ft) to a manmade ditch, for food; 3468162 in Zone 12 with the units in which runs southeast 9.2 m (30 ft). We (iii) Substrates that include cobble, meters using North American Datum of include 1 m (3.3 ft) of upland area gravel, pebble, sand, silt, and aquatic 1983 (NAD 83). around the spring, spring run, and vegetation, for egglaying, maturing, (8) Horse Spring Unit 0.032 ha (0.078 ditch. The proposed critical habitat is feeding, and escape from predators; and ac) in Cochise County. The unit is a the spring, spring run, ditch and buffer (iv) Either an absence of nonnative spring and springrun approximately within the 64 m (210 ft) diameter circle predators (crayfish) and competitors 0.5 m (1.6 ft) wide and 15.5 m (50.9 ft) centered on UTM coordinate 664259, (snails) or their presence at low in length. We include 1 m (3.3 ft) of 3468499 in Zone 12 with the units in population levels. . upland area around the springhead and meters using North American Datum of (3) We have determined that all of the spring run. The proposed critical habitat 1983 (NAD 83). areas designated as critical habitat is the springbox, spring seepage, and * * * * * contain one or more of the physical and buffer within the 20 m (66 ft) diameter biological features, and there are no circle centered on UTM coordinate Three Forks Springsnail (Pyrgulopsis developed areas other than concrete 663772, 3468091 in Zone 12 with the trivialis) springboxes included to protect water units in meters using North American (1) Critical habitat units are depicted within them. Datum of 1983 (NAD 83). for Apache County, Arizona, on the map (4) Critical habitat map units were (9) Tule Spring Unit 0.324 ha (0.801 at paragraph (5) of this entry below. plotted on 2007 USGS Digital Ortho ac) in Cochise County, Arizona. The (2) The primary constituent elements Quarter Quad maps using Universal unit is a spring, which forms a pond of critical habitat for the Three Forks Transverse Mercator (UTM) coordinates approximately 23 m (75 ft) north-south springsnail are: in ArcMap. and 13 m (43 ft) east-west, and it has a (i) Adequately clean spring water (free (5) spring run that is approximately 21.7 m from contamination) emerging from the Note: Index map of critical habitat for the (71 ft) in length. The spring run emerges ground and flowing on the surface; Three Forks springsnail follows:

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(6) Three Forks Springs Unit (2.5 ha; 3747227; 655932, 3747209; 655939, 3747098; 655838, 3747083; 655818, 6.1 ac). The Three Forks Spring Unit 3747196; 655948, 3747186; 655958, 3747085; 655785, 3747097; 655771, consists of all areas within boundary 3747165; 655969, 3747142; 655979, 3747122; 655782, 3747144; 655784, points with the following coordinates in 3747116; 655998, 3747094; 656013, 3747170; 655752, 3747216; 655715, UTM Zone 12 with the units in meters 3747078; 656022, 3747061; 656023, 3747232; 655707, 3747242; Thence using North American Datum of 1983 3747050; 656013, 3747052; 656001, returning to 655708, 3747262. (NAD 83): 655708, 3747262; 655714, 3747065; 655991, 3747086; 655973, (7) Boneyard Bog Springs Unit (2.0 ha; 3747269; 655746, 3747258; 655777, 3747112; 655963, 3747133; 655951, 5.0 ac). The Boneyard Bog Spring Unit 3747256; 655802, 3747270; 655808, 3747166; 655931, 3747191; 655906, consists of all areas within boundary 3747288; 655815, 3747304; 655877, 3747198; 655886, 3747201; 655869, points with the following coordinates in 3747299; 655898, 3747291; 655911, 3747198; 655836, 3747179; 655826, UTM Zone 12 with the units in meters 3747271; 655922, 3747253; 655932, 3747158; 655830, 3747123; 655841, using North American Datum of 1983

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(NAD 83): 659968, 3750753; 659990, 3750664; 660067, 3750663; 660060, 3750693; 659919, 3750712; Thence 3750731; 660021, 3750713; 660060, 3750654; 660052, 3750648; 660034, returning to 659968, 3750753. 3750717; 660070, 3750742; 660176, 3750649; 660029, 3750654; 660027, * * * * * 3750787; 660190, 3750781; 660199, 3750663; 660008, 3750659; 659997, Dated: March 11, 2011. 3750758; 660208, 3750744; 660159, 3750649; 659997, 3750639; 659988, Will Shafroth, 3750685; 660125, 3750680; 660088, 3750639; 659982, 3750641; 659958, Acting Assistant Secretary for Fish and 3750684; 660081, 3750690; 660072, 3750660; 659954, 3750671; 659945, Wildlife and Parks. 3750691; 660072, 3750676; 660076, 3750675; 659942, 3750688; 659933, [FR Doc. 2011–8176 Filed 4–11–11; 8:45 am] 3750675; 660076, 3750664; 660069, 3750685; 659921, 3750691; 659910, BILLING CODE 4310–55–C

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