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Channel and Class Modifications Federal Communications Commission. Background [Upgrades] by Applications, 8 FCC Rcd John A. Karousos, The Tumbling Creek cavesnail 4735 (1993). Assistant Chief, Audio Division, Media (Antrobia culveri) was described as a DATES: Effective August 14, 2002. Bureau. new species by Hubricht (1971) from [FR Doc. 02–20597 Filed 8–13–02; 8:45 am] FOR FURTHER INFORMATION CONTACT: specimens taken by David Culver, Kathleen Scheuerle, Media Bureau, BILLING CODE 6712–01–P Thomas Aley, and Leslie Hubricht in (202) 418–2180. 1969 and 1970. Antrobia culveri is the type species for the genus Antrobia, also SUPPLEMENTARY INFORMATION: This is a described new to science in 1971 by summary of the Commission’s Report DEPARTMENT OF THE INTERIOR Hubricht. Hershler and Hubricht (1988) and Order, adopted July 31, 2002, and Fish and Wildlife Service examined specimens of A. culveri and released August 2, 2002. The full text of confirmed the taxonomic placement of this Commission decision is available 50 CFR Part 17 this species in the subfamily for inspection and copying during Littoridininae of the Gastropod family regular business hours at the FCC RIN 1018–AI19 Hydrobiidae. They also noted the Reference Information Center, Portals II, similarity of the genus Antrobia to, but 445 12th Street, SW., Room CY–A257, Endangered and Threatened Wildlife distinguished it from, the genus Washington, DC, 20554. This document and Plants; Determination of Fontigens, which contains cave-adapted may also be purchased from the Endangered Status for the Tumbling snails found in other caves and springs Commission’s duplicating contractor, Creek Cavesnail of the Ozark Plateau in Missouri and Qualex International, Portals II, 445 Arkansas. The Tumbling Creek 12th Street, SW., Room CY–B402, AGENCY: Fish and Wildlife Service, cavesnail is a small, white, blind, Washington, DC 20554, telephone 202– Interior. aquatic snail. Hubricht (1971) provided 863–2893, facsimile 202–863–2898, or ACTION: Final rule. the following measurements of the type via e-mail [email protected]. SUMMARY: We, the Fish and Wildlife specimen: height 2.3 millimeters (mm) List of Subjects in 47 CFR Part 73 Service (Service), determine the (0.09 inches (in)); diameter 2.0 mm (0.08 in); aperture height 1.2 mm (0.05 in); Radio, Radio broadcasting. Tumbling Creek cavesnail (Antrobia culveri) to be an endangered species aperture diameter 1.1 mm (0.04 in); with Part 73 of title 47 of the Code of under the Endangered Species Act of a small, conical, well-rounded, pale- Federal Regulations is amended as 1973, as amended (Act). This species is yellow shell containing about 3.5 follows: known to occur in one cave in Missouri. whorls (Hubricht 1971). The Tumbling Creek cavesnail is restricted to a single PART 73—RADIO BROADCAST The distribution of this species in cave stream in Tumbling Creek Cave in SERVICES Tumbling Creek has decreased by 90 percent since 1974. Although cavesnail Taney County, southwestern Missouri. 1. The authority citation for part 73 numbers fluctuated seasonally and Greenlee (1974) provided the first continues to read as follows: annually between 1996 and 2000, the information on the habitat of the species. He reported that the species Authority: 47 U.S.C. 154, 303, 334 and 336. species was not found in the monitored section of the cave stream during six was found primarily on ‘‘3 inch gravel § 73.202 [Amended] surveys in 2001 and two surveys in substrate’’ (presumably meaning small 2002. Small numbers of individuals stones or cobble of 3-inch (7.5 cm) 2. Section 73.202(b), the Table of FM continue to exist in other portions of the diameter), with a few individuals Allotments under Hawaii, is amended cave stream. Because the sudden observed using the recesses of a solid by removing Channel 284C2 and adding population decline demonstrates a rock stream bottom. Greenlee’s use of a Channel 284C at Lanai City. significant and imminent risk to the Surber Sampler, however, may have 3. Section 73.202(b), the Table of FM well-being of the Tumbling Creek biased his survey to search for rocks Allotments under Iowa, is amended by cavesnail, we find that listing this smaller than 25 cm (10 in) in diameter removing Channel 273C and adding species is necessary to provide Federal (Julian J. Lewis, J. Lewis & Associates, Channel 273C0 at Des Moines. protection pursuant to the Act. Clarksville, IN; in litt., January 27, 4. Section 73.202(b), the Table of FM DATES: This final rule is effective August 2002). Greenlee (1974) did not note Allotments under Missouri, is amended 14, 2002. whether the snails used the upper or lower surface of the 3-inch gravel he by removing Channel 223A and adding ADDRESSES: The complete file for this Channel 223C3 at Poplar Bluff. observed them on, or whether the rule is available for inspection, by species was ever observed using larger 5. Section 73.202(b), the Table of FM appointment, during normal business rocks within the cave stream. Allotments under Tennessee, is hours at the U.S. Fish and Wildlife Subsequent surveyors, however, have amended by removing Channel 299C3 Service, Columbia Field Office, 608 E. failed to document A. culveri using a and adding Channel 299C2 at Cherry St., Room 200, Columbia, MO solid rock bottom, and the species is Henderson. 65201–7712. usually observed on the undersurface of 6. Section 73.202(b), the Table of FM FOR FURTHER INFORMATION CONTACT: Paul rocks and gravel of various sizes (Ashley Allotments under Texas, is amended by McKenzie, Ph.D., Columbia Field Office unpub. data; McKenzie in litt., removing Channel 252A and adding (see ADDRESSES) (telephone: 573–876– September 16, 1996; Ashley and Channel 252C3 at Pecos and by 1911, ext. 107; e-mail: McKenzie, pers. obs.). Although removing Channel 276C3 and adding [email protected]; facsimile: 573– Greenlee (1974) stated that the Channel 276C2 at Pittsburg. 876–1914). Individuals who are hearing- Tumbling Creek cavesnail was absent 7. Section 73.202(b), the Table of FM impaired or speech-impaired may call from areas of the stream that contained Allotments under Wyoming, is amended the Federal Relay Service at 1–800–877– bat guano, subsequent observers (Ashley by removing Channel 297C2 and adding 8337 for TTY assistance. 2001a; Ashley and McKenzie, pers. obs.) Channel 297C1 at Kemmerer. SUPPLEMENTARY INFORMATION: have noted A. culveri in portions of

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Tumbling Creek where bat guano associated with at least three, and any other sites (David Ashley, in litt. occurs. Greenlee (1974) noted that the possibly as many as six, species that are November 2001). The fact that no species appears to prefer areas of the new to science but have not yet been additional populations were found in stream that lack silt, but Ashley (2000) formally described: a millipede springs in close proximity to Tumbling found no significant differences in snail (Chaetaspis sp.), a terrestrial isopod Creek Cave supports the long-held populations between habitats having silt (Caucasonethes sp.), an amphipod contention that Tumbling Creek cave is and those lacking silt. There is (Stygobromus sp.), a dipluran the only location where this species insufficient data currently available to (Plusiocampa sp.), a phalangodid occurs. determine if silt is detrimental to the harvestman (Phalangium sp.), and a Antrobia culveri was historically Tumbling Creek cavesnail. Tom and cave spider (Islandiana sp.). Tumbling known from an estimated area of 1,016 Cathy Aley suggested (pers. comm., Creek Cave also provides habitat for a square meters (m2) (10,900 square feet August 30, 2001) that silt deposition in large maternity colony of federally listed (ft2) or 0.25 acres) of Tumbling Creek recent years in the stream has gray bats (Myotis grisescens), with a along approximately 229 meters (m) ‘‘cemented’’ smaller rocks to the stream recent estimated breeding population of (750 feet (ft)) of the stream in the middle bottom making their undersurface 12,400 in 1998 (Dr. William Elliott, one-third of the lower stream passage in unavailable to cavesnails. This MDC, in litt. October 9, 2001). Tumbling Creek Cave (Greenlee 1974). hypothesis is supported by observations Historically, the gray bat breeding Based on a survey of approximately 630 made by researchers while conducting population included an estimated m2 (6,800 ft2) of suitable habitat within cavesnail surveys (e.g., Ashley and 50,000 individuals (MDC 1992, Missouri the 457 m (1,500 ft) of human-accessible McKenzie, pers. obs.). Natural Heritage Program 2000). The cave-stream habitat, Greenlee (1974) Although little is known regarding the Gray Bat Recovery Plan lists Tumbling estimated the population of Tumbling biology of this cavesnail, Greenlee Creek Cave as a ‘‘Priority 1’’ cave. Creek cavesnails at 15,118 individuals. (1974) postulated that the species feeds Priority 1 gray bat caves have the In 1995, we reviewed the status of the on aquatic microfauna. Because highest level of biological significance species, including the survey Tumbling Creek cavesnails have been for a gray bat maternity site (i.e., a cave methodology originally established by concentrated in sections of Tumbling deemed to be ‘‘absolutely essential’’ in Greenlee (1974), and determined that an Creek Cave that are usually adjacent to preventing the extinction of the inadequate description of the survey large deposits of bat guano, it has been endangered gray bat) (U.S. Fish and methods made it difficult to determine postulated that Antrobia culveri is Wildlife Service 1982). There have also the number of plots taken. Our lack of indirectly dependent upon these been historical observations of a very knowledge on the number of plots deposits for food (Greenlee 1974). Other small hibernating population of the sampled by Greenlee made it difficult to life history aspects of this species, federally listed Indiana bat (Myotis interpret his population estimates and including its reproductive behavior, are sodalis). However, the Indiana bat has impossible to duplicate his survey unknown. Although nothing is known not been documented at the site since methods. Therefore, we concluded that about the longevity or movements of 1989 (Missouri Natural Heritage a new and more rigorous statistical this species, some limited information is Program 2000). survey design would be necessary to available on the frequency of shell sizes Tumbling Creek Cave is owned by establish population trends for the within the population across different Tom and Cathy Aley of Protem, MO. species. Following meetings with Dr. seasons. Ashley (2000) examined shell Because of its rich cave fauna, the large Pam Haverland of the U.S. Geological length data collected between 1996 and maternity colony for the endangered Survey, Columbia Environmental 2000 and noted that the average length gray bat, and its diverse physical Research Center in Columbia, MO, and of A. culveri shells exhibited a slight features, Tumbling Creek Cave was Mr. Tom Aley, President of Ozark peak during summer months but further designated as a National Natural Underground Laboratory (OUL) and noted that the difference was not Landmark and approved for inclusion owner of Tumbling Creek Cave, a statistically significant. Ashley (2000) on the National Registry of Natural sampling protocol was established also analyzed the frequency distribution Landmarks under the authority of the within an approximate 75 m (247 ft) of cavesnail shell lengths from fall data Historic Sites Act of 1935 (49 Stat. 666; section of Tumbling Creek that was collected between 1997 and 2000 and 16 U.S.C. 461 et seq.) (Cecil Andrus, known to be inhabited by Antrobia noted a decrease in the frequency of USDI, in litt., 1980; 48 FR 8693). culveri but that would minimize any smaller shells over that period. Ashley Tumbling Creek Cave and potential impacts to the federally (2000) concluded that both fewer snails approximately 395 acres surrounding endangered gray and Indiana bats. and fewer smaller snails in the younger the cave were embodied in the Following the establishment of age classes were observed in the more designation, including about 140 surface sampling stations within Tumbling recent fall visits conducted from 1997 acres owned by the Aleys and about 255 Creek Cave, and an initial September through 2000. This suggests that there surface acres owned by two adjacent 1996 survey using those stations has been a reduction in recruitment of property owners. (McKenzie, in litt. 1996), we contracted younger age classes into the population Dr. David Ashley, of Missouri Western Status and Distribution between 1997 and 2000. State College, St. Joseph, MO, to The fauna of Tumbling Creek Cave is Antrobia culveri is known only from monitor population trends of the highly diverse (Thomas Aley, Ozark Tumbling Creek Cave in Taney County, Tumbling Creek cavesnail. Ashley Underground Laboratory (OUL), in litt. southwestern Missouri. In an extensive completed 19 separate monitoring trips 1978; Cecil Andrus, USDI, in litt. 1980). survey of publicly and privately owned between September 3, 1997, and March In addition to one species included in Missouri caves, no additional 23, 2002 (Ashley 2000, 2001a, 2001b, the Missouri Department of populations of this cavesnail were 2001c, 2002). Ashley (2000, 2001a, Conservation’s (MDC) Checklist of discovered (Gardner 1986). Recent 2001b, 2001c, 2002) determined that Species of Conservation Concern surveys conducted in nearby caves and population estimates of Antrobia culveri (Missouri Natural Heritage Program springs by Dr. David Ashley of Missouri within the monitoring stations 2001) (i.e., a cave millipede (Scoterpes Western State College, St. Joseph, MO, fluctuated both seasonally and annually, dendropus)), Antrobia culveri is have also failed to locate this species at and ranged from a high of 1,166

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individuals on September 3, 1997, to a the number of cavesnails discovered per the species had exhibited an alarming low of 0 individuals on January 11, 0.3 m2 (1 ft2) plot. This survey yielded decline (Ashley 2001b). Based on this March 17, May 8, July 16, August 31, 6 cavesnails in 22 plots or 0.27 information, the Service determined and November 2, 2001, and January 9 cavesnails per plot (McKenzie, unpubl. that it was necessary to more closely and March 23, 2002. Ashley concluded data). This compares to an estimated monitor the species by having surveys that a significant decrease in the 2.16 cavesnails per plot observed by conducted once every two months. numbers of cavesnails had occurred Greenlee (1974) when equivalent plot Surveys conducted every two months between September 9, 1996, and March sizes were calculated for analysis between March 2001 and March 2002 23, 2002 (Ashley 2002). purposes. Although it is impossible to have yielded the same results—no Although the 2001 and 2002 surveys determine the exact number of plots cavesnails have been found within the failed to document the presence of any sampled by Greenlee (1974), he did established sampling section of cavesnails within the established record the average number of snails per monitoring stations, 40 individuals were plot, and this can be compared to the Tumbling Creek (Ashley 2002). discovered upstream of the sampling same variable measured in 1995. A Recognizing the need for prompt stations in March 2001. During March decrease from 2.16 cavesnails per plot to additional conservation actions for the 16–18, 2001, Ashley and others 0.27 cavesnails per plot would represent species, on January 30, 2001, Region 3 surveyed the entire human-accessible an approximate 88 percent decrease in of the Service recommended changing 457 m (1,500 ft) of Tumbling Creek, the species’ density over the 22-year the listing priority number for the including a small tributary that has period between 1974 and 1995. Tumbling Creek cavesnail from 7 to 1 approximately 9 additional meters (30 Previous Federal Action based upon the mid-January monitoring ft) of accessible habitat. A total of 39 that failed to locate any cavesnails On January 6, 1989, the Service person-hours was expended in (Service 2001). Region 3 also published an Animal Notice of Review searching a total of 1,054 rocks in the recommended pursuing an emergency 466 m (1,530 ft) of available habitat. A (54 FR 54554–54579) which included listing of the species and total of 39 cavesnails were located in a the Tumbling Creek cavesnail as a simultaneously publishing a proposal 14-m (45-ft) section of the stream category 2 candidate species for possible upstream from the monitoring stations, future listing as threatened or for long-term listing as endangered and another cavesnail was found in the endangered. Category 2 candidates were under the Act as soon as funding tributary (Ashley 2001a). Subsequent those taxa for which information became available. On October 30, 2001, surveys in May, July, September, and contained in the Service’s files we published an updated Candidate November, 2001, and January, 2002, indicated that listing may be Species Notice of Review (66 FR 54808) documented the presence of cavesnails appropriate but for which additional that formally changed the listing only in this 14-m section upstream of data were needed to support a listing priority number for Antrobia culveri the established sampling stations. The proposal. On November 21, 1991, the from 7 to 1, reflecting our increased small tributary stream was not searched Service published an Animal Candidate concern for the survival of the species. during those subsequent surveys. A Notice of Review (56 FR 58804–58836), On August 29, 2001, the U.S. which elevated the Tumbling Creek more thorough search was not Department of the Interior reached an cavesnail to category 1 status. Category conducted in either the tributary or the agreement with several conservation area upstream from the sampling 1 candidates were those taxa for which organizations regarding a number of stations in order to minimize the Service had on file sufficient listing actions that had been delayed by disturbance to cavesnails in those areas. information on biological vulnerability Observations made between September and threats to support preparation of court-ordered critical habitat 1997 and March 2002 suggest that the listing proposals. In the subsequent designations and listing actions for numbers of Antrobia culveri have February 28, 1996, Candidate Notice of other species. That agreement was declined significantly from estimates Review (61 FR 7596–7613), we subsequently approved by the U.S. obtained by Greenlee (1974); however, indicated that the category 2 candidate District Court for the District of differing sampling methods make it species list was being discontinued, and Columbia. Under the agreement, the impossible to directly compare Ashley’s that henceforth the term ‘‘candidate Service and the organizations agreed to estimates with those of Greenlee. species’’ would be applied only to those significantly extend the existing court- In addition to Greenlee’s 1974 survey taxa that would have earlier fit the approved deadlines for the actions on and the standardized surveys conducted definition of the former category 1 the other species, thereby making funds between 1996 and 2002, other attempts candidate taxa, that is, those species for available for a number of listing actions have been made to monitor the species’ which we had on hand sufficient judged to be higher priority by the status and derive estimates of its information to support a listing Service. Those higher priority listing abundance. A June 1991 survey proposal. Antrobia culveri was retained actions included the emergency listing conducted by Tom Aley, Paul McKenzie as a candidate species in that notice. of the Tumbling Creek cavesnail. (Service, Columbia, MO), and Dennis In 1996, we initiated a 5-year set of Figg (MDC, Jefferson City, MO) located standardized surveys designed to better On December 27, 2001 (66 FR 66803), 42 individuals after a 9 person-hour assess and quantify the decline in the we listed Antrobia culveri on an search (McKenzie, pers. obs.). A June species’ population that was apparent emergency basis for 240 days through 1993 survey conducted by Monty from the earlier data. In January 2001, August 26, 2002. On the same date (66 Holder (a high school biology instructor) Ashley (pers. comm. January 14, 2001) FR 66868), we published a proposal to of Sedalia, MO, and three assistants notified the Service that no cavesnails list the Tumbling Creek cavesnail as an located 21 individuals during 6 person- were observed within the established endangered species under the standard hours of search effort (Tom Aley, in litt. monitoring stations during the January listing provisions of the Act, and 1993), but the number of plots sampled 11 survey. He further reported that an solicited comments on the proposed is unknown. On August 29, 1995, Paul analysis of 5 years of data collected rule. The comment period was opened McKenzie and Cathy Aley searched for between September 1996 and March for 60 days and closed February 25, the species and attempted to estimate 2001 indicated that the population of 2002.

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Summary of Peer Review and Public through D, discussed below, were indicated that the declining population Comments recommended. We have incorporated of Antrobia culveri served as a In the December 27, 2001, proposed the majority of the recommended barometer on the quality of water rule, we requested all interested parties changes, as appropriate. In a few cases, important to area land owners and to submit factual reports or information suggested changes were not made if we further noted that listing the species was that might contribute to the determined that incorporating the important in preserving the rich development of a final rule. We also change in text would not improve the biological diversity of the Ozarks on provided a notice indicating that a clarity of the discussion. esthetic and ecological grounds. One peer reviewer and two land owners request for a public hearing could be B. Suggestions Related to Recovery recommended that the entire recharge made by February 11, 2002. We Actions area of Tumbling Creek cave be contacted appropriate Federal and State Three peer reviewers and two private designated as critical habitat. Comments agencies, county governments, scientific land owners suggested various recovery related to the issue of critical habitat for organizations, and interested parties and actions that could benefit the cavesnail this species are addressed below. requested their comments. We or its habitat. We will prepare a published notices inviting public recovery plan for the cavesnail Summary of Factors Affecting the comment in the Springfield, MO, News following the publication of the final Species Leader and the Branson, MO, Tri-Lakes rule, and these comments will be After a thorough review and Daily News. In accordance with our July considered for incorporation into the consideration of all information 1, 1994, Interagency Policy on Peer recovery plan at that time. They are not available, we determine that the Review (59 FR 34270), we requested the discussed in this document, because Tumbling Creek cavesnail should be expert opinions of independent they are not germane to this listing classified as an endangered species. We specialists regarding pertinent scientific decision. followed procedures found in section 4 or commercial data and assumptions of the Act (16 U.S.C. 1533) and C. Specific Comments relating to the supportive biological and regulations (50 CFR part 424) ecological information in the proposed All peer reviewers commented on the promulgated to implement the listing rule. The purpose of such review is to possible reasons for the recent decline provisions of the Act. We may ensure that the listing decision is based in cavesnail numbers. With the determine a species to be endangered or on scientifically sound data, exception of the introduction of a few threatened due to one or more of the assumptions, and analyses, including new suggestions discussed below, most five factors described in section 4(a)(1) input of appropriate experts and of the reasons provided by the peer of the Act. These factors and their specialists. reviewers are identical to those outlined application to the Tumbling Creek We requested scientific peer review of in the December 27, 2001, emergency cavesnail (Antrobia culveri) are as our proposed endangered listing from rule. All peer reviewers reaffirmed the follows: four invertebrate zoologists who possess supposition that siltation from erosion expertise on the cavesnail or other problems, overgrazing, poor land A. The Present or Threatened invertebrates, and also solicited management, deforestation, or the Destruction, Modification, or comments from one research fisheries sudden appearance and population Curtailment of Its Habitat or Range biologist who has expertise on the explosion of limpets probably Antrobia culveri has exhibited a large potential impacts of contaminants on contributed to the decline in the decline in numbers since the first aquatic invertebrates. We received a species. Other reasons presented by peer estimate was made by Greenlee (1974) written response and comments from all reviewers that were previously provided (see Status and Distribution, above). five of these experts; we also received in the Service’s emergency rule were: Systematic sampling within various comments from five private land owners eutrophication or nutrient runoff from sections of Tumbling Creek was within the recharge area for Tumbling livestock operations within the recharge initiated in 1996 (McKenzie in litt. Creek Cave during the open comment area; disease; depressed dissolved 1996). Placement of sampling quadrats period. No requests for a public hearing oxygen levels; and degraded water was done by inspecting the area within were received. All species experts and quality from various waterborne each of the sampling sections and private landowners strongly supported contaminants. Two private landowners arbitrarily placing the sampling squares the listing proposal and agreed that this also believed that silt deposited into approximately equidistant along each species is in need of Federal protection Tumbling Creek cave was a major section. Ashley reported a statistically as an endangered species. Four of the contributor to habitat loss of the species. significant decline in the snail five peer reviewers commented that the Newly suggested reasons given by peer population over the period between data on changes in cavesnail numbers reviewers for the decline in cavesnail 1996 and the first quarter of 2002 were very thorough and that there was numbers that were not addressed in the (Ashley 2001c, 2002). Additionally, no clear scientific evidence for listing the emergency rule were: residual toxins in cavesnails have been located at species as endangered. The fifth peer the surrounding substrate that could established monitoring stations during reviewer did not comment on adequacy adversely affect the water quality of the the last eight surveys (Ashley 2001a, of the data. cave stream and cause changes in water 2001b, 2001c, 2002). chemistry (e.g., change in pH or We also have documented a large A. Technical and Editorial Comments imbalances in the anion/cation reduction in the portion of the cave Several technical and editorial exchange). stream occupied by the cavesnail. comments and corrections were Four of the five private landowners Antrobia culveri was historically known provided by two peer reviewers. who provided comments stated their from an estimated 229 m (750 ft) of Clarification of biological terminology, belief that the listing of Tumbling Creek Tumbling Creek (Greenlee 1974). The enhanced explanations of information cavesnail as an endangered species 229 m of occupied habitat in 1974 cited from several references, and the would not impact their property rights. constituted 50 percent of the 457 m inclusion of additional literature The fifth landowner did not comment (1,500 ft) of human-accessible cave- citations to strengthen Factors A on this issue. Two respondents stream habitat that is believed to be

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suitable for the cavesnail. The entire 25 percent of the total; (2) employees of cementing decreases habitat available to accessible 457 m (1,500 ft) of Tumbling Ozark Underground Laboratory and cavesnails, especially interstitial areas, Creek, including a small tributary that other private individuals, who manage because the species is generally has approximately 9 additional meters their property to protect water quality restricted to the undersurface of gravel (30 ft) of accessible suitable habitat, was and benefit the species, own and rocks. Coineau and Boutin (1992) surveyed in March 2001. Cavesnails approximately 1,268 acres or 22 percent; demonstrated that interstitial habitats were found solely in one small (14-m) (3) an estimated 1,300 acres or 23 are critically important to the dispersal (45-ft) section of the stream and in the percent is within Mark Twain National capabilities of animals with limited small tributary (Ashley 2001a). Forest; (4) the U.S. Army Corps of movements. Comacho (1992) suggested Observations between March and Engineers (CE) owns an estimated 100 that the size, porosity, and compaction August 2001 suggest that A. culveri is acres or 2 percent; and (5) other private of sediment grains (e.g., clay vs. sand) now restricted to 23 m of available landowners, whose land use practices was a limiting factor in the availability stream habitat or approximately 5 and knowledge of the cavesnail are of interstitial habitats to aquatic cave percent of the 457 m of accessible currently unknown to us, own organisms. Interestingly, Ashley (2000) suitable habitat. These figures indicate approximately 1,636 acres or 28 percent. determined that some Tumbling Creek that distribution of this species in Thus, within the delineated recharge cavesnails use silt-covered substrates. Tumbling Creek Cave has decreased by area for Tumbling Creek Cave, roughly This is different from the observations 90 percent. 4,168 acres or approximately 72 percent made by Greenlee (1974) who noted that Species such as the Tumbling Creek is either in public or private ownership cavesnails were not observed in areas of cavesnail, which spend all of their life by entities who can be expected to the stream where fine silt was cycle in subterranean waters, are highly manage their land to benefit the species. deposited. Ashley’s observations may be vulnerable to changes in the quality and This includes 920 acres recently due to a reduction in the amount of silt- quantity of that water. In turn, the purchased by Tom and Cathy Aley, or free substrates preferred by cavesnails quality and quantity of the subsurface about 22 percent of the total which could force the species to use less water is highly dependent upon conservation ownership. However, most favorable habitats. Although silt has conditions and human activities on the of this recently purchased land was been a component of Tumbling Creek land surface. Water feeds into losing subject to land use practices (e.g., over- since Greenlee’s initial survey in 1974, streams and sinkholes that drain into grazing and removal of riparian it has apparently increased since that underground karst conduits. Surface vegetation) by the previous owner that date (Tom and Cathy Aley, pers. comm., water moves into the subsurface system resulted in heavy soil erosion that August 2001). by a number of mechanisms, including probably continues to contribute to Silt could also be harmful to Antrobia sinkholes, percolation through sandy or deteriorating water quality in Tumbling culveri indirectly due to the gravelly soils and stream bottoms, and Creek Cave. Remediation and interrelationship between various seepage and flowage into crevices. As restoration of these lands are planned harmful bacteria or viruses and some water moves from the surface to the and will require considerable funds, sediment mediums. Taylor and Webb subsurface system, it carries the effort, and time. (2000) reported that the survival of some chemicals and particulate matter from bacteria and viruses may increase when the surface (Gines and Gines 1992). The The Tumbling Creek cavesnail is they become attached to the surface of land surface that feeds water into a likely threatened by habitat degradation silt and clay particles and organic particular cave stream is referred to as through diminished water quality from matter. Additionally, they noted that the ‘‘recharge area’’ for that cave stream. upstream locations within the such harmful bacteria as coliform and Because recharge areas may be large and unprotected or improperly managed fecal coliform bacteria ‘‘may persist and may consist of all or parts of several areas within the cave’s delineated reach much higher concentrations in surface watersheds, it is critically recharge zone. The dramatic decrease in aquatic sediments (especially in the important to accurately determine the the population and area occupied by presence of organic nutrients) than in boundaries of the recharge area with this species is probably attributable to the water column.’’ Consequently, an reliable hydrogeological methods. Only degraded water quality from these increase of silt into Tumbling Creek when the recharge area is accurately sources. In recent years, there has been could exacerbate the potential problems delineated can water quality threats be a noticeable increase in water turbidity from bacteria and viruses originating successfully addressed (Aley and Aley in Tumbling Creek; the increased from livestock wastes entering 1991). turbidity has probably had an adverse Tumbling Creek. Additional research is The recharge area that feeds water effect on the water quality in the cave’s needed to determine the degree of silt into Tumbling Creek Cave has been stream (Tom and Cathy Aley, pers. deposition within Tumbling Creek and recently delineated by the cave owner, comm., August 30, 2001). Increased silt if the deposition of silt into the cave is Mr. Thomas Aley of the OUL, who is loads within Tumbling Creek could adversely impacting the species, also a recognized cave specialist and adversely affect the cavesnail by especially smaller and younger expert karst hydrogeologist (Aley and hampering reproduction and individuals (Ashley 2000). Aley 2001). Pending the results of recruitment by suffocating juvenile Potential sources of silt within the additional recharge delineation studies cavesnails (Ashley 2000). Several cave’s recharge area have been currently being conducted by Aley on a authors (e.g., Poulson 1996, Elliott 2000, identified on the two tracts recently tract of land recently purchased by him Taylor et al. 2000) have noted that high purchased by Tom and Cathy Aley, and Cathy Aley (Tom Aley, pers. sediment loads usually have a negative including an earthen dam that burst, as comm., September 24, 2001), he impact on aquatic species. Tom and well as severely degraded and eroded estimated the recharge area to be Cathy Aley have also observed that clay pastureland due to overgrazing. In the approximately 2,349 hectares (5,804 particles within deposited silt have latter case, soil erosion has been acres or 9.07 square miles). Land settled between gravel and rocks and exacerbated in the last six years by the ownership based on current data within cemented them together and to the removal of nearly all vegetation by the recharge area is: (1) Tom and Cathy stream bottom (Tom and Cathy Aley, bulldozing equipment within the Aley own approximately 1,550 acres, or pers. comm., August 2001). Such riparian corridors of all semi-permanent

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and intermittent streams on one of those harmful bacteria may all contribute to C. Disease or Predation parcels. Tree removal activities the persistence or decline of aquatic The direct effect of disease on the associated with pasture expansion have cave organisms. Burr et al. (2001) Tumbling Creek cavesnail is not known increased soil erosion and resulted in reported that ‘‘no less than one-half of and such risks to the species have not the subsequent movement of silt into sinkholes in Perry County, MO, contain been determined. Because the Tumbling the cave system (Aley, Ashley, and anthropomorphic refuse, ranging from Creek cavesnail is known to inhabit McKenzie, pers. obs.). Harvey (1980) household cleansers and sewage to used only a single location, disease must be concluded that ‘‘accelerated erosion and pesticide and herbicide containers.’’ considered a potential significant threat sediment transport’’ was a problem Some unidentified point source to the survival of the species. Certain within drainage basins that have pollution that was apparently dumped species of salamanders have been ‘‘excessive slopes,’’ and identified accidentally into Running Bull Cave in shown to be adversely impacted by the ‘‘timber cutting and land clearing for Perry County, MO, resulted in a mass bacterium Acinetobacter that flourished raising livestock, extending urban mortality of cave-dwelling grotto due to increasing levels of nitrogen sprawl, and highway building’’ as sculpin (Burr et al. 2001). Eliott (2000) associated with the overstocking of potential sources of ‘‘accelerated summarized the documented impact of livestock (Worthylake and Hovingh erosion.’’ In addition to these sources, various chemical pollutants into cave 1989). Similarly, Lefcort et al. (1997) the construction of fire lanes associated systems including sewage, contaminants and Kiesecker and Blaustein (1997) with controlled burning on Forest from old batteries, nitric acid, leaks found that amphibians exposed to high Service property within the recharge from petroleum products, brine levels of silt are susceptible to infection area may increase the threat of soil pollution, herbicides, pesticides, by different species of water mold of the erosion with a resulting decrease in solvents, fertilizers, milk, cream, genus Saprolegnia. Saprolegnia spp. are water quality in Tumbling Creek. tobacco waste products, and medical widespread in natural waters and Other factors within the recharge area waste. Kolpin et al. (2002) sampled 139 commonly grow on dead organic of Tumbling Creek Cave that could streams across 30 States, including material (Wise et al. 1995). Speer (1995) contribute to the deterioration of the Missouri, and documented the presence stated that some species of Saprolegnia water quality of Tumbling Creek of human and livestock antibiotics, are parasitic on aquatic invertebrates include: (1) Nutrient enrichment from human prescription and such as rotifers, nematodes, diatoms, livestock feedlots or from fertilizers nonprescription drugs, steroid and arthropods. High nitrogen and silt used for crop production or pasture compounds including several biogenic levels from overgrazing or other improvement within the recharge area and synthetic reproductive compounds, agricultural or urban runoff may that could reduce dissolved oxygen and 30 different organic wastewater increase the cavesnail’s susceptibility to levels in Tumbling Creek or become contaminants in 80 percent of the disease and may act synergistically with toxic to aquatic organisms at high streams sampled. Although there are no other risk factors (e.g., competition from concentrations; (2) chemicals used for waste water treatment facilities within limpets, discussed below) to jeopardize highway maintenance or from the recharge area for Tumbling Creek the survival of the remaining accidental spills; (3) contaminants from cave, livestock antibiotics, hormones, individuals. Whether the Tumbling different types of trash or hazardous and chemical treatments for controlling Creek cavesnail is being adversely waste materials deposited into insect pests could originate from affected by bacteria or water molds sinkholes, ravines, and depressions; and livestock facilities that occur within the associated with increased loads of (4) contamination from hormones, cave’s recharge area. The extent to nitrogen or silt into Tumbling Creek is antibiotics, disinfectants, or other which any of these factors have unknown but warrants further chemicals found in human and contributed to the decline of the investigation. livestock wastes (Koplin et al. 2002). Tumbling Creek cavesnail remains to be During the December 6, 1997, survey, Contaminants presumably from crop determined. Refer to Factor E for further a few individuals of an unknown fertilizers were detected at levels high discussion of these potential threats. species of limpet (Ferrissia sp.) were enough in cave streams within the B. Overutilization for Commercial, discovered for the first time on the same Perryville Karst Region of southeastern Recreational, Scientific, or Educational substrates used by Antrobia culveri Missouri to be detrimental to aquatic Purposes within the established monitoring life (Vandike 1985; Burr et al. 2001). stations (Ashley, pers. comm., Contamination of groundwater has Because access to Tumbling Creek September 10, 2001). Limpets were not occurred due to spills associated with Cave is controlled by the cave owners, observed again until the January 11, traffic accidents in the Mammoth Cave all collection of and research on 2001, survey, after which their numbers area of Kentucky (U.S. Department of Antrobia culveri is strictly controlled. began to increase. By the August 31, Interior 1983; U.S. Fish and Wildlife Consequently, there is no evidence, and 2001, survey, limpet numbers had Service 1988; Taylor et al. 2000). very little likelihood, of overutilization increased explosively, and the presence Because portions of Routes 160 and 125 of this species for commercial, of many small limpets, as well as larger occur within the recharge area for recreational, scientific, or educational limpets with visible, developing Tumbling Creek Cave, accidental spills purposes. There is also no evidence that embryos, indicated that reproduction resulting from traffic accidents could disturbance associated with conducting was taking place (Ashley, pers. comm., potentially occur. Taylor and Webb regular surveys is adversely affecting the September 10, 2001; McKenzie pers. (2000) summarized the deleterious species. Rocks that are examined for obs.) The reasons that caused these effects of various inorganic ions on the cavesnails are carefully replaced in the organisms to appear and increase in distribution and abundance of different location from which they were removed, numbers within Tumbling Creek are aquatic cave isopods and amphipods. any specimens discovered are disturbed unknown; it is also unknown whether Taylor et al. (2000) suggested that as little as possible and kept moist to they compete with the cavesnails for several parameters, including depressed reduce stress, and only a small food, breeding substrates, or other oxygen levels, improper pH levels, and percentage of the available habitat is necessary resources. Dr. Julian J. Lewis the presence of metals, pesticides, and sampled during each survey. documented that the disappearance of

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the rare isopod crustacean Caecidotea time, except as specifically permitted by Federal Cave Resources Protection Act rotunda coincided with the appearance these rules and any laws consistent with on Forest Service land (59 FR 31152; of limpets in a cave in southern Indiana Article IV, sections 40–46 of the June 17, 1994) provide protection for (J. Lewis, in litt., January 27, 2002). Constitution of Missouri. (2) Except as caves located on property owned by the Numerous investigations by David otherwise provided in this Code, Forest Service, they do not provide Culver and others (e.g., Culver 1970, wildlife may be taken only by holders protection for caves whose recharge 1975) have demonstrated that of the prescribed permits and in areas are within Forest Service interspecific competition between accordance with prescribed methods. (3) boundaries if the caves themselves are aquatic cave invertebrates may reduce No person, corporation, municipality, under private lands, as is the case with the availability of important niche county, business or other public or Tumbling Creek Cave. habitats. Other cave invertebrates (e.g., a private entity shall cause or allow any Under Section 578.215 of the troglobitic isopod, Caecidota antricola.; deleterious substance to be placed, run Missouri Cave Resources Act (Missouri a troglobitic amphipod, Stygobromus or drained into any of the waters of this Department of Conservation 2002), the sp.; and a troglophilic amphipod, State in quantities sufficient to injure, following actions are prohibited: ‘‘A Gammarus sp.) coexist with A. culveri, stupefy or kill fish or other wildlife person shall not purposely introduce often on the same rocks, but it is which may inhabit such waters.’’ into any cave, cave system, sinkhole, or unknown if these species compete with Under the Section 6 Cooperative subsurface waters of the state any the cavesnail in any way. Additional Agreement between MDC and the substance that will or could violate any research is needed to determine if local Service, if a species is listed as provision of the Missouri clean water environmental changes have provided a endangered under the Act, the law as set forth in chapter 204, RSMo competitive advantage for one or more Conservation Commission of Missouri (Revised Statutes of Missouri), or any of these species over the Tumbling shall list the species as State water quality standard or effluent Creek cavesnail. endangered. The protection of all limitation promulgated pursuant species in Missouri is outlined in thereto.’’ Although this statute is D. The Inadequacy of Existing Chapter 4 of the Wildlife Code, and intended to prevent harmful chemicals Regulatory Mechanisms regulations pertaining to endangered from being placed into a cave, it is The primary cause of the decline of species are listed in section 3CSR10– rarely enforced, and an individual the Tumbling Creek cavesnail is 4.111. Under the Wildlife Code, citizens prosecuted for a violation of this unknown but is believed to be can possess (but not sell or purchase) up measure can be convicted of no more associated with factors within the 2,349- to five individuals of any species than a Class A misdemeanor; therefore, hectare (5,804-acre) delineated recharge without a permit and when not it is largely ineffective at providing area that have adversely affected the specifically protected elsewhere in the protection for aquatic animals within a water quality of Tumbling Creek. code (3CSR10–9.110). However, when a cave stream (Bill Elliott, Cave Biologist, Federal, State, and local laws have not species is listed as endangered, citizens Missouri Department of Conservation, been sufficient to prevent past and cannot possess any individuals and Jefferson City, MO, pers. comm., March ongoing impacts to areas within the cannot import, transport, purchase, or 15, 2002). cave’s delineated recharge area. take the species without a scientific The protection afforded Antrobia Antrobia culveri is listed as critically collecting or special use permit. culveri from the statutes mentioned imperiled globally (G1) by The Nature Although the term ‘‘refuge’’ is not above is limited, does not provide Conservancy, as well as critically defined under the Wildlife Code, there adequate protections to its habitat, and imperiled in the State (S1) on the is also a provision that enables MDC’s includes no provisions to protect areas Missouri Species of Conservation Director to establish refuges not to within the delineated recharge area for Concern Checklist (Missouri Natural exceed 1 square mile for not more than Tumbling Creek Cave. Therefore, we Heritage Program 2001). The 60 days to provide essential protection conclude the most likely threats to the designation as G1/S1 on this checklist, to endangered species. Furthermore, the species cannot be addressed by existing however, provides no legal protection, Wildlife Code states that a species’ regulatory mechanisms. but is simply utilized for planning and ‘‘home’’ is protected. The term ‘‘home’’ E. Other Natural or Manmade Factors communication purposes (Missouri is not defined in this statute and may Affecting Its Continued Existence Natural Heritage Program 2001). provide limited or no protection for the Nonetheless, the species currently cavesnail’s habitat. For instance, the Several other potential factors, receives some protection under the creek where the cavesnail resides and including point and non-point Wildlife Code of Missouri (Wildlife the cave’s recharge area would probably pollution, threats from residential and Code) (Missouri Department of not be considered a home and thus commercial development, and recent Conservation 2001) as a ‘‘biological receive no protection under the Wildlife changes to the hydrological cycle within diversity element’’ (Missouri Natural Code (Bob White, MDC, Protection the 2,349-hectare (5,804-acre) delineated Heritage Program 2001). ‘‘Biological Division Chief, pers. comm., October 2, recharge area supporting Tumbling diversity elements’’ are protected under 2001). Creek Cave may have negative effects on the following general prohibitions of The Federal Cave Resources the species. It is possible that the recent chapter 4 of the Wildlife Code (3CSR10– Protection Act of 1988 (18 U.S.C. 4301– decline in cavesnail numbers is 4.110): ‘‘(1) No bird, fish, amphibian, 4309; 102 Stat. 4546) was passed to attributable to some yet to be identified reptile, mammal or other form of ‘‘secure, protect, and preserve point or non-point source pollution wildlife, including their homes, dens, significant caves on Federal lands’’ and within the cave’s recharge area. Because nests and eggs in Missouri shall be to ‘‘foster increased cooperation and the Tumbling Creek cavesnail occupies molested, pursued, taken, hunted, exchange of information between a permanent, flowing stream, it will trapped, tagged, marked, enticed, governmental authorities and those who likely come in contact with any poisoned, killed, transported, stored, utilize caves located on Federal lands deleterious chemical or other material served, bought, imported, exported or for scientific, educational, or that enters the cave’s recharge system. liberated to the wild in any manner, recreational purposes.’’ Although this Silt deposition has been identified as a number, part, parcel or quantity, at any statute and a final rule to implement the potential problem, especially to younger

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cohorts of the cavesnail’s population, numbers may actually be because of too Antroselates spiralis in Mammoth Cave, but additional research is needed to much gray bat guano that could deplete KY, was reduced significantly due to determine if other contaminants are oxygen levels in Tumbling Creek, ponding of the adjacent Green River by potentially involved. (See Factor A especially during periods of reduced a dam downstream of the cave. The above.) flows as occurred during 1999–2001. back-flooding created a siltation Non-point source pollution may be a Vandike (1982) and Elliott (2000) problem that fragmented previously problem in a significant portion of the reported on a massive die-off of the occupied areas into disjunct islands of recharge area that feeds Tumbling Creek Salem cave crayfish (Cambarus habitat (J. Lewis in litt., January 27, Cave. Potential sources of pollution hubrichti) and the southern cavefish 2002). include the drainage of barnyard and (Typhlichthys subterraneus) when a Climatic changes, especially recent feedlot wastes and the discharge of large quantity of liquid fertilizer periods of drought, may also be a treated sewage into sinkholes and losing containing ammonium nitrate and urea contributing factor to the decline of the streambeds within the cave’s recharge accidentally spilled into a losing stream cavesnail. The National Oceanic and area. The water quality of Tumbling and significantly lowered dissolved Atmospheric Administration’s (NOAA) Creek may also be threatened due to oxygen levels in Meramec Spring, Palmer Drought Severity Index provides accidental spills into sinkholes or losing which is 21 km (13 mi) downstream a widely recognized and accepted stream valleys feeding Tumbling Creek from the spill. What importance gray bat standard measurement of moisture Cave from State and county highways guano plays in the life history conditions (NOAA 2001). The Index passing through the recharge area. Such requirements of the Tumbling Creek varies roughly from ¥6.0 (extreme sources of pollution have been cavesnail is yet to be tested drought) to +6.0 (extremely wet), with identified as potential problems for experimentally. The instrumentation ¥0.49 to 0.49 indicating near normal ground water in the Springfield-Salem package mentioned above will provide conditions. Since the 1974 survey by Plateaus of southern Missouri data on dissolved oxygen levels once it Greenlee, there have been 4 periods in (including the watershed that is installed. Southwest Missouri where the Index encompasses Tumbling Creek and its Tumbling Creek Cave is was below normal for 6 months or identified recharge zone) (Harvey 1980). approximately 45 km (28 mi) southeast longer and was below an Index value of The decline in numbers of the Tumbling of Branson, MO, which is one of the -2.0 (moderate drought) for some part of Creek cavesnail may be due to one or most rapidly expanding areas in the that period. These events occurred in 2- several sources of pollution that have State due to tourism, outdoor recreation, year cycles: 1980–1981; 1991–1992; resulted in a deterioration of water and entertainment developments. If 1995–1996; and 1999–2000. The 1980– quality within the recharge area for recent trends continue, it has been 1981 drought was the most prolonged Tumbling Creek as outlined in Factor A. projected that the number of visitors and severe, with the Index reaching In comparing the quality of groundwater attracted to this area would increase ¥5.0 (extreme drought). We further sites within the Ozark Plateaus from an estimated level of 6 million in analyzed a 6-year period between 1995 (including southwestern Missouri) with 1992 to 11 million by the year 2015. The and 2000, which is the approximate other National Water-Quality accompanying growth in entertainment- period that Ashley conducted his Assessment Program (NAWQA) sites, and recreation-related activities will cavesnail monitoring. The Index was Petersen et al. (1998) documented that: place even greater demands on this area below normal for 6 months or more for (1) Nitrate concentrations in parts of the of the State (Mullen and Keith 1992). Springfield Plateau aquifer were higher Tumbling Creek Cave is about 4 km (2.5 4 of these 6 years. The years, number of than in most other NAWQA drinking- mi) northwest of Bull Shoals Lake months the Index was below normal, water aquifers, and (2) volatile organic which is also undergoing additional real and the averages for the negative indices compounds were detected more estate development. Consequently, it is are: 1995, 6 months, average Index ¥1.54; 1996, 7 months, average Index frequently in drinking-water aquifers likely that sections of the recharge zone ¥ within the Ozark Plateaus than in most for Tumbling Creek Cave will be 1.2; 1999, 6 months, average Index ¥1.29; 2000, 10 months, average Index other drinking-water aquifers. Tumbling adversely affected by real estate ¥ Creek Cave is within the NAWQA study development and related construction 1.65. Preliminary data on NOAA’s boundaries; consequently, the cavesnail and land management activities. Elliott Web site indicate that below-normal could be threatened from these (2000) provided multiple examples of moisture (negative Palmer Index) contaminants. Peck (1998) concluded how various land development occurred in this region during the early that all aquatic cave species were activities have adversely impacted part of 2001, but precipitation levels are especially vulnerable to karst important karst resources in the eastern now near normal. groundwater pollution. Elliott (2000) United States. According to these climatic data, in 2 summarized numerous examples of cave Another potential threat to the species recent periods (1995–1996 and 1999– systems being contaminated by a wide results from the close hydrologic 2000) precipitation within the recharge range of pollutants that are directly or association of Tumbling Creek with area for Tumbling Creek Cave was indirectly dumped into cave streams nearby Bull Shoals Lake. Occasional below normal for an extended period. and further suggested that reduced high water levels in this CE reservoir are The direct or indirect impacts of these biotic diversity correlated with believed to cause water to backup into droughts on the cavesnail are unknown. degraded water quality in three caves in the cave stream, threatening roosting Reduced flows in the cave stream, Tennessee. Although no detailed water bats and the cavesnail (Aley, pers. especially when combined with other analyses have yet been performed on comm., July 16, 2000). The CE is threats, could hamper essential life Tumbling Creek, an instrumentation considering raising the conservation history requirements (e.g., reproduction, package to measure water quality pool of the reservoir by 10 feet, which food availability, water temperature); parameters will be installed in will likely increase the frequency and decrease the flushing of silt, guano, and Tumbling Creek Cave during the duration of the backup events in harmful contaminants from the stream; summer of 2002. Tumbling Creek Cave. Lewis (1994) and create an environment more Aley (pers. comm., Jan. 19, 2001) reported that the habitat of the favorable for competitors (e.g., limpets, postulated that the decline in cavesnail subterranean hydrobiid snail isopods, and amphipods).

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The small population size and point source pollution; or imbalances in Critical Habitat endemism (i.e., restricted to a single dissolved oxygen, pH, or cation/anion Critical habitat is defined in section 3 site) of Antrobia culveri makes it exchange. The species may also be of the Act as: (i) The specific areas vulnerable to extinction due to genetic threatened with competition from within the geographical area occupied drift, inbreeding depression, and limpets or from changes in the cave’s by a species, at the time it is listed in random or chance changes to the normal hydrological cycles due to accordance with the Act, on which are environment (Smith 1990) that can recent droughts. Because the sudden found those physical or biological significantly impact cavesnail habitat. population decline and high magnitude features (I) essential to the conservation Inbreeding depression can result in of threats demonstrates a significant and of the species and (II) that may require death, decreased fertility, smaller body imminent risk to the well-being of the special management considerations or size, loss of vigor, reduced fitness, and Tumbling Creek cavesnail, we find that protection; and (ii) specific areas various chromosome abnormalities listing this species as endangered is outside the geographical area occupied (Smith 1990). Despite any evolutionary appropriate. by a species at the time it is listed, upon In making this determination, we adaptations for rarity, habitat loss and a determination that such areas are have carefully assessed the best degradation increase a species’ essential for the conservation of the scientific and commercial information vulnerability to extinction (Noss and species. ‘‘Conservation’’ means the use available regarding the past, present, Cooperrider 1994). Numerous authors of all methods and procedures needed and future threats faced by the (e.g., Noss and Cooperrider 1994, to bring the species to the point at Thomas 1994) have indicated that the Tumbling Creek cavesnail. From the which listing under the Act is no longer probability of extinction increases with discussion under Factor D of this necessary. section, it is clear that currently decreasing habitat availability. Although Section 4(a)(3) of the Act, as applicable Federal, State, and local changes in the environment may cause amended, and implementing regulations laws, regulations, and ordinances, populations to fluctuate naturally, small (50 CFR 424.12) require that, to the individually and collectively, do not and low-density populations are more maximum extent prudent and provide adequate protection for the likely to fluctuate below a minimum determinable, we designate critical Tumbling Creek cavesnail or its habitat viable population (i.e., the minimum or habitat at the time the species is threshold number of individuals needed or assure that the species will continue determined to be endangered or in a population to persist in a viable to survive. threatened. However, our budget for state for a given interval; Gilpin and We believe that the survival of the listing and critical habitat activities is Soule 1986, Shaffer 1981, Shaffer and Tumbling Creek cavesnail now depends currently insufficient to allow us to Samson 1985). Current threats to the on protecting the delineated recharge immediately complete all of the listing habitat of the Tumbling Creek cavesnail area of Tumbling Creek Cave from actions required by the Act. Listing the may exacerbate potential problems further degradation and restoring and Tumbling Creek cavesnail without associated with its low population rehabilitating areas within the recharge designation of critical habitat will allow numbers and increase the chances of area to improve the water quality in us to concentrate our limited resources this species going extinct. Tumbling Creek. The small remaining population is vulnerable to extinction on other listing actions that must be Conclusion from ongoing threats, as well as from addressed, while allowing us to invoke Tumbling Creek cavesnail is known random natural or human-caused events protections needed for the conservation from a single cave in Taney County, unless sufficient habitat is protected, of this species without further delay. southwestern Missouri. The distribution water quality improves, and the current This is consistent with section of this species has decreased in small population greatly increases in 4(b)(6)(C)(i) of the Act, which states that Tumbling Creek by 90 percent since size. The recent rapid population final listing decisions may be issued 1974. Analysis of survey data collected decline makes it clear that this cavesnail without critical habitat designations at established sampling points between is on the brink of extinction. By listing when it is essential that such September 9, 1996, and March 23, 2002, the Tumbling Creek cavesnail as an determinations be promptly published. indicates that numbers of the species endangered species, we believe the The legislative history of the 1982 Act have decreased significantly, and the additional protection, funding, and amendments also emphasized this cavesnail is vulnerable to extinction. recognition that immediately become point: ‘‘The Committee feels strongly, This decline has continued to the point available to the species will greatly however, that, where biology relating to that cavesnails are no longer present in increase the likelihood that extinction the status of the species is clear, it portions of Tumbling Creek where they can be prevented and the species should not be denied the protection of had always been found prior to 2001 ultimately recovered. the Act because of the inability of the using the same monitoring We are making this rule effective Secretary to complete the work methodology. The Tumbling Creek immediately in order to ensure there is necessary to designate critical cavesnail is likely threatened by habitat no gap in the protection provided by the habitat.*** The committee expects degradation through diminished water Act to the Tumbling Creek cavesnail. the agencies to make the strongest quality from upstream locations within The temporary protection that was attempt possible to determine critical the unprotected or improperly managed provided by our emergency listing of the habitat within the time period areas within the cave’s delineated species on December 27, 2001, ends on designated for listing, but stresses that recharge zone. The dramatic decrease in August 26, 2002. This final rule results the listing of species is not to be delayed the population and area occupied by in no change to the temporary in any instance past the time period this species is probably attributable to protection and regulatory authority that allocated for such listing if the degraded water quality from one or a was provided by the emergency listing, biological data is clear but the habitat number of the following sources: so there is no overriding need for a designation process is not complete.’’ siltation from poor land management delayed effective date in order to (H.R. Rep. No. 97–567 at 20 (1982)). If practices within the cave’s recharge provide adequate time to notify prudent and determinable, we will area; contamination from numerous individuals, agencies, and organizations prepare a critical habitat proposal in the chemicals associated with point or non- of new regulations that may affect them. future at such time as our

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available resources and other listing take (including harass, harm, pursue, conducted in accordance with the priorities under the Act will allow. hunt, shoot, wound, kill, trap, capture, conditions of a section 10(a)(1)(A) or collect; or attempt any such conduct), permit for scientific research or to Available Conservation Measures import or export, ship in interstate or enhance the propagation or survival of Conservation measures provided to foreign commerce in the course of the species. species listed as endangered or commercial activity, or sell or offer for We believe that the following actions threatened under the Act include sale in interstate or foreign commerce could result in a violation of section 9; recognition, recovery actions, any listed species. It also is illegal to however, possible violations are not requirements for Federal protection, and possess, sell, deliver, carry, transport, or limited to these actions alone: prohibitions against certain practices. ship any such wildlife that has been (1) Unauthorized possession, Recognition through listing results in taken illegally. Certain exceptions apply collecting, trapping, capturing, killing, public awareness and conservation to Service agents and those of State harassing, sale, delivery, or movement, actions by Federal, Tribal, State, and conservation agencies. including interstate and foreign local agencies, private organizations, Permits may be issued to carry out commerce, or harming, or attempting and individuals. The Act provides for otherwise prohibited activities any of these actions, of Tumbling Creek possible land acquisition and involving endangered wildlife under cavesnails without a permit (research cooperation with the State and requires certain circumstances. Regulations activities where cavesnails are collected that recovery actions be carried out for governing permits are codified at 50 will require a permit under section all listed species. The protection CFR 17.22 and 17.23. For endangered 10(a)(1)(A) of the Endangered Species required of Federal agencies and the species, such permits are available for Act); prohibitions against certain activities scientific purposes, to enhance the (2) Illegal discharges or dumping of involving listed species are discussed, propagation or survival of the species, toxic chemicals, silt, or other pollutants in part, below. and for incidental take in connection (point source and non-point source Section 7(a) of the Act, as amended, with otherwise lawful activities. pollution) within the recharge area of requires Federal agencies to evaluate As published in the Federal Register Tumbling Creek Cave that alters or their actions with respect to any species on July 1, 1994 (59 FR 34272), it is the degrades the water quality of Tumbling that is proposed or listed as endangered Service’s policy to identify, to the Creek to the point that it results in death or threatened, and with respect to its maximum extent practicable at the time or injury to individuals of the species or critical habitat, if any is being a species is listed, those activities that results in degradation of cavesnail- designated. Regulations implementing would or would not constitute a occupied habitat; this interagency cooperation provision violation of section 9 of the Act. The (3) Intentional release of exotic of the Act are codified at 50 CFR part intent of this policy is to increase public species (including, but not limited to, 402. If a species is listed on an awareness of the effect of the listing on fish and crayfish) into Tumbling Creek emergency basis, or is listed under a proposed and ongoing activities within that adversely affect the cavesnail; non-emergency listing proposal, section a species’ range. (4) Unlawful destruction or alteration 7(a)(2) requires Federal agencies to We believe that, based on the best of the species’ occupied habitat (e.g., ensure that activities they authorize, available information, the following vandalism to Tumbling Creek); and fund, or carry out are not likely to actions are not likely to result in a (5) Violation of any discharge or water jeopardize the continued existence of violation of section 9, provided these withdrawal permit within Tumbling such a species or to destroy or adversely actions are carried out in accordance Creek. modify its critical habitat. If a Federal with any existing regulations and permit We will review other activities not agency action may adversely affect a requirements: identified above on a case-by-case basis listed species or adversely modify its (1) Possession of a Tumbling Creek to determine whether they are likely to designated critical habitat, the cavesnail legally acquired prior to the result in a violation of section 9 of the responsible Federal agency must initiate effective date of this rule; Act. We do not consider these lists to be formal consultation with the Service. (2) Actions that may affect the exhaustive and provide them as Section 7(a)(4) of the Act requires Tumbling Creek cavesnail that are information to the public. Federal agencies to confer with us on authorized, funded, or carried out by a Questions regarding whether specific any action that is likely to jeopardize Federal agency, when the action is activities will constitute a violation of the continued existence of a proposed conducted in accordance with an section 9 should be directed to the Field species or result in destruction or incidental take statement issued by the Supervisor of the Columbia, Missouri adverse modification of proposed Service under section 7 of the Act; Field Office (see FOR FURTHER critical habitat. Federal agency actions (3) Actions that may affect the INFORMATION CONTACT). that may affect the Tumbling Creek Tumbling Creek cavesnail that are not Requests for copies of the regulations cavesnail and may require consultation authorized, funded, or carried out by a regarding listed species and inquiries with the Service include, but are not Federal agency, when the action is regarding prohibitions and permits may limited to, those within the jurisdiction conducted in accordance with an be addressed to the U.S. Fish and of the U.S. Forest Service, U.S. Army incidental take permit issued by the Wildlife Service, Endangered Species Corps of Engineers, Natural Resources Service under section 10(a)(1)(B) of the Permits, Bishop Whipple Federal Conservation Service, Environmental Act. Applicants design a Habitat Building, 1 Federal Dr., Fort Snelling, Protection Agency, and Federal Conservation Plan (HCP) and apply for MN 55111–4056 (612/713–5343, Highway Administration. an incidental take permit. These HCPs facsimile 612/713–5292). The Act and its implementing are developed for species listed under regulations found at 50 CFR 17.21 set section 4 of the Act and are designed to National Environmental Policy Act forth a series of general prohibitions and minimize and mitigate impacts to the The Service has determined that an exceptions that apply to all endangered species to the greatest extent Environmental Assessment, as defined wildlife. These prohibitions, in part, practicable; and under the authority of the National make it illegal for any person subject to (4) Actions that may affect the Environmental Policy Act of 1969, need the jurisdiction of the United States to Tumbling Creek cavesnail that are not be prepared in connection with

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regulations adopted pursuant to section Procedures Act provides Federal Fish and Wildlife Service, Columbia 4(a) of the Endangered Species Act, as agencies a means under 5 U.S.C. (d)(3) Field Office (see ADDRESSES). amended. The Service published a for making rules effective less than 30 List of Subjects in 50 CFR Part 17 notice outlining our reasons for this days following publication in the determination in the Federal Register Federal Register for ‘‘good cause.’’ We Endangered and threatened species, on October 25, 1983 (48 FR 49244). believe that we have good cause for Exports, Imports, Reporting and Paperwork Reduction Act making this rule effective upon recordkeeping requirements, publication. The emergency listing rule Transportation. This rule does not contain any for the Tumbling Creek cavesnail was collections of information that require published in the Federal Register on Regulation Promulgation additional Office of Management and December 27, 2001 (66 FR 66803). That Budget (OMB) approval under the For the reasons given in the preamble, rule listed the Tumbling Creek cavesnail we amend part 17, subchapter B of Paperwork Reduction Act, 44 U.S.C. as endangered on an emergency basis 3501 et seq. An information collection chapter I, title 50 of the Code of Federal for 240 days through August 26, 2002. Regulations, as set forth below: related to the rule pertaining to permits We are now publishing a final rule to for endangered and threatened species the proposed rule (66 FR 66868) that we PART 17—[AMENDED] has OMB approval and is assigned published on the same day as the control number 1018–0094, which emergency listing rule. To continue to expires on July 31, 2004. This rule does 1. The authority citation for part 17 provide this species the protections of continues to read as follows: not alter that information collection the Act originally provided under the requirement. An agency may not emergency rule, we must make this final Authority: 16 U.S.C. 1361–1407; 16 U.S.C. conduct or sponsor, and a person is not rule effective upon publication. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– required to respond to, a collection of 625, 100 Stat. 3500, unless otherwise noted. information unless it displays a References Cited currently valid control number. For 2. Amend § 17.11(h) by adding the additional information concerning A complete list of all references cited following, in alphabetical order under permits and associated requirements for in this rulemaking is available upon SNAILS, to the List of Endangered and endangered wildlife, see 50 CFR 17.21 request from the Field Supervisor, Threatened Wildlife: Columbia Field Office (see ADDRESSES). and 17.22. § 17.11 Endangered and threatened Effective Date Author wildlife. This rule is effective upon The primary author of this proposed * * * * * publication. The Administrative rule is Paul M. McKenzie, Ph.D., U.S. (h) * * *

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

******* SNAILS

******* Cavesnail, Tumbling Antrobia culveri ...... U.S.A. (MO) ...... NA ...... E 731 NA NA Creek

*******

Dated: July 26, 2002. DEPARTMENT OF COMMERCE ACTION: Adjustment; request for Steve Williams, comments. Director, Fish and Wildlife Service. National Oceanic and Atmospheric [FR Doc. 02–20339 Filed 8–13–02; 8:45 am] Administration SUMMARY: NMFS announces that the BILLING CODE 4310–55–P commercial fishery for all salmon 50 CFR Part 660 except coho in the area from the U.S.– Canada Border to Cape Falcon, OR, was [Docket No. 020430101–2101–01; I.D. modified to reopen on July 26 and close 080202E] at midnight, August 5, 2002, with a vessel limit of 500 chinook salmon for Fisheries Off West Coast States and in the 11–day open period. The Northwest the Western Pacific; West Coast Regional Administrator, NMFS Salmon Fisheries; Inseason Action 7– (Regional Administrator), determined Adjustment of the Commercial Fishery that available catch and effort data from the U.S.-Canada Border to Cape indicated that these management Falcon, OR measures should be implemented to provide fishers greater access to the AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and chinook and coho quotas. This action Atmospheric Administration (NOAA), was necessary to conform to the 2002 Commerce. management goals.

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