Federal Register / Vol. 63, No. 250 / Wednesday, December 30, 1998 / Proposed Rules 71855

DEPARTMENT OF THE INTERIOR during normal business hours at the of each cave visited during the study above address. and presents information obtained from Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: invertebrate collections. Veni’s (1994a) report delineates six 50 CFR Part 17 Alisa Shull, Supervisory Fish and Wildlife Biologist (see ADDRESSES karst areas (hereafter referred to as karst RIN 1018±AF33 section) (telephone 512/490–0057; fauna regions) within Bexar County. The facsimile 512/490–0974). karst fauna regions he discusses are Endangered and Threatened Wildlife Stone Oak, UTSA (University of Texas SUPPLEMENTARY INFORMATION: and Plants; Proposal to List Nine at San Antonio), Helotes, Government Bexar County, Texas Invertebrate Background Canyon, Culebra Anticline, and Alamo Species as Endangered exilis and Heights. The boundaries of these karst fauna regions are geological or AGENCY: were first collected in 1959 and Fish and Wildlife Service geographical features that may represent Interior. described by Barr and Lawrence (1960) as Agonum exile and Agonum infernale, obstructions to troglobite movement (on ACTION: Proposed rule. an evolutionary time scale) that have respectively. Barr (1974) assigned the resulted in the present-day distribution SUMMARY: We, the Fish and Wildlife species to the Rhadine. of endemic (restricted in distribution) Service, propose to list nine cave- venyivi was first collected in 1984 and karst invertebrates in the San Antonio dwelling invertebrates from Bexar described by Chandler (1992). County, Texas as endangered species region. cokendolpheri was first collected in The harvestman Texella under the Endangered Species Act of 1982 and described in Ubick and Briggs 1973, as amended (Act). Rhadine exilis cokendolpheri, Robber Baron Cave (1992). baronia, Cicurina harvestman, is known only from Robber (no common name) and Rhadine madla, Cicurina venii, and Cicurina infernalis (no common name) are small, Baron cave in the Alamo Heights karst vespera were first collected in 1969, fauna region on private property. The essentially eyeless ground . 1963, 1980, and 1965, respectively. Batrisodes venyivi (Helotes mold ) cave entrance has been donated to the They were all described by Gertsch Texas Cave Management Association is a small, eyeless mold beetle. Texella (1992). Neoleptoneta microps was first cokendolpheri (Robber Baron Cave (George Veni, Veni & Associates, pers. collected in 1965 and described by comm. 1995), which will likely be harvestman) is a small, eyeless Gertsch (1974) as Leptoneta microps. harvestman (daddy-longlegs). Cicurina interested in protection and The species was reassigned to improvement of the cave habitat. baronia (Robber Baron cave ), Neoleptoneta following Brignoli (1977) (Madla’s cave spider), However, this cave is relatively large, and Platnick (1986). and the land over and around the cave Cicurina venii (no common name), These nine invertebrates are obligate (vesper cave spider), is heavily urbanized. The cave has also cave-dwelling species (troglobites) of been subject to extensive commercial and Neoleptoneta microps (Government local distribution in caves in Bexar Canyon cave spider) are all small and recreational use (Veni 1988). No County, Texas. The life habits of the confirmed specimens of T. eyeless, or essentially eyeless, . species are not well known. They cokendolpheri were collected during the These species (referred to in this probably prey on the eggs, larvae, or 1993 status survey, but one Texella proposed rule as the ‘‘nine adults of other cave invertebrates. harvestman collected at Robber Baron invertebrates’’ are known from karst We funded a status survey (Veni Cave since completion of the status features (limestone formations 1994a; Redell 1993) of all nine species survey is highly likely to be this species containing caves, sinks, and fissures) in through a grant under section 6 of the (James Reddell, Texas Memorial north and northwest Bexar County. Act to the Texas Parks and Wildlife Museum, and Dr. Darrell Ubick, Threats to the species and their habitat Department (TPWD). Researchers California Academy of Sciences, pers. include destruction and/or deterioration obtained landowner permission to study comm. 1995). of habitat by construction; filling of and assess threats to 41 caves in north Batrisodes venyivi, the Helotes mold caves and karst features and loss of and northwest Bexar County, Texas. beetle, is known from only three caves permeable cover; contamination from Landowners denied permission to in the vicinity of Helotes, Texas, such things as septic effluent, sewer access an additional 36 caves that were northwest of San Antonio. Two of these leaks, run-off, and pesticides; predation believed likely to contain species of caves are located in the Helotes karst by and competition with non-native fire concern. All 77 caves had been fauna region on private property. The ants; and vandalism. This proposal also described to some extent before the owner of one of the caves within the constitutes our 12-month finding on a status survey was conducted. Four were Helotes karst fauna region has denied petition to list these nine invertebrates. already known to contain at least one of access in recent years, so Batrisodes This proposal, if made final, would the nine invertebrates. venyivi’s status there is unknown. implement Federal protection provided During the status survey, the However, the cave is known to have by the Act for these species. researchers made a collection of the been heavily infested with fire ants DATES: Comments from all interested invertebrate fauna at each cave studied, (Solenopsis invicta) in the past (Reddell parties must be received by April 29, assessed the condition of the cave 1993). The owner of the second cave is 1999. Public hearing requests must be environment and threats to the species, very interested in protecting the cave received by February 16, 1999. and collected geological data. They used and the unique species inside. However, ADDRESSES: Send comments and this information to prepare two reports. fire ants are also present in the second materials concerning this proposal to One report discusses the overall karst locality. The collector of the specimen the Field Supervisor, U.S. Fish and geography in the San Antonio region from the third cave has declined to give Wildlife Service, Hartland Bank and the potential geologic and us a specific site collection record, but Building, 10711 Burnet Road, Suite 200, geographic barriers to karst invertebrate this cave may be located in the UTSA Austin, Texas 78758. Comments and migration and limits to their karst fauna region and likely lies on materials received will be available for distribution (Veni 1994a). The other private property (James Reddell, pers. public inspection, by appointment, report (Reddell 1993) details the fauna comm. 1997). 71856 Federal Register / Vol. 63, No. 250 / Wednesday, December 30, 1998 / Proposed Rules

Rhadine exilis is known from 33 on private property in the UTSA karst officials in response to the 90-day caves in north and northwest Bexar fauna region. finding. Most of the comments were County. Nineteen are located on Cicurina vespera, the vesper cave similar in form, opposed the listing, and Department of Defense (DOD) land. The spider, has been found in only two requested that we delay making a 12- remainder are distributed among the caves. One is Government Canyon Bat month finding until the results of status Helotes, UTSA, and Stone Oak karst Cave in the Government Canyon State surveys conducted under section 6 of fauna regions, while one location lies in Natural Area, and the other is a cave 5 the Act were made available. Some the Government Canyon region. One is miles northeast of Helotes, the location commenters raised questions and issues located in a county road right-of-way, and name of which has not been regarding the status of the nine one is located in a state-owned natural revealed to us. invertebrates and the validity of the area, and the remainder are located on Neoleptoneta microps is known only science on which we based the 90-day private property. Ongoing efforts by the from the Government Canyon karst finding. We considered these comments DOD to locate and inventory karst fauna area from two caves within and information in preparing this features on Camp Bullis and to Government Canyon State Natural Area. proposed rule. document the karst fauna communities Threats to these species and their Eight of the nine invertebrates were in caves on Camp Bullis resulted in habitats include destruction and/or added to the Notice of Review discovery of 18 of the 33 caves deterioration of habitat by commercial, as category 2 candidate species in the mentioned above (Veni 1994b; James residential, and road construction; Federal Register on November 15, 1994 Reddell, pers. comm. 1997). filling of caves, and loss of permeable (59 FR 58982). Rhadine exilis was cover; potential contamination from Rhadine infernalis is known from 25 presented with the other eight species in such things as septic effluent, sewer caves. This species occurs in five of the February of 1994 to be added to the leaks, run-off, and pesticides; predation six karst fauna regions—Helotes, UTSA, November 15, 1994, notice of review, by and competition with non-native fire Stone Oak, Culebra Anticline, and but an oversight occurred and it did not ants; and vandalism. appear. Category 2 candidates were Government Canyon. Three subspecies In the course of conducting the 1993 have been delineated so far (Rhadine those taxa for which we had data status survey, Veni contacted indicating that listing was possibly infernalis ewersi, Rhadine infernalis landowners and requested access to as infernalis, Rhadine infernalis ssp.). Two appropriate, but for which we lacked many caves as possible that were substantial data on biological of these have been described and named believed to be potential habitat for the in scientific literature (Barr 1960, Barr vulnerability and threats to support nine invertebrates. It is possible that proposed listing rules. Beginning with and Lawrence 1960). The third has these species occur in some of the caves recently been characterized as a distinct our combined plant and animal notice that could not be visited and that new of review published in the Federal subspecies, but not named, in a report locations of the nine invertebrates will (Reddell 1998). Only three caves contain Register on February 28, 1996 (61 FR be discovered in the future. Although 7596), we discontinued the designation the subspecies Rhadine infernalis ewersi these new discoveries may increase the of multiple categories of candidates and and all are located on DOD land. number of locations where the species only taxa meeting the definition of Sixteen caves contain the subspecies are found, they are expected to fall former category 1 candidates are now Rhadine infernalis infernalis and lie in within the same general range and recognized as candidates for listing the Government Canyon, Helotes, expected to face the same threats as the purposes. Category 1 candidates were UTSA, and Stone Oak regions. Six caves known occurrences of these species. defined as those taxa for which we had in the Culebra Anticline region contain The proposed listing of these species is sufficient information on biological the Rhadine infernalis ssp. not based on a demonstrable decline in vulnerability and threats to support Cicurina venii is known from only the number of individuals or the proposed listing rules. Although the one cave located on private property in number of known locations of each nine invertebrates were not included in the Culebra Anticline karst fauna region. species, but rather on reliable evidence the February 28, 1996, notice of review The species was collected in 1980 and that each of these species is subject to (61 FR 7596) or in the following 1983, but the cave itself was not initially threats to its continued existence September 19, 1997, notice of review described until 1988 (Reddell 1993). throughout all or a significant portion of (62 FR 49398), we have now obtained The cave entrance was filled during its range. additional information that supports a construction of a home in 1990. Without Previous Federal Action proposal to list these species. excavation, it is difficult to determine The endangered species listing what effect this incident had on the On January 16, 1992, we received a program was disrupted by a listing species; however, there may still be petition dated January 9, 1992, to add moratorium (Public Law 104–6, April some nutrient input, including that from the nine invertebrates to the List of 10, 1995) and rescission of listing a reported small side passage. Threatened and Endangered Wildlife. program funding in Fiscal Year 1996. , the Robber Baron Patricia K. Cunningham of the Helotes The moratorium was lifted and listing cave spider, is known only from Robber Creek Association and individuals program funding restored on April 26, Baron Cave in the Alamo Heights karst representing the Balcones Canyonlands 1996. On May 16, 1996 (61 CFR 24722), fauna region. Although the cave Conservation Coalition, the Texas we issued guidance for priorities in entrance is owned and operated by the Speleological Association, the Alamo restarting the listing program that Texas Cave Management Association, it Group of the Sierra Club, and the Texas included four tiers. New proposed is located in a heavily urbanized area. Cave Management Association listings and petition findings fell under Cicurina madla, the Madla’s cave submitted the petition. On December 1, tier three, the second-lowest priority. spider, is known from five caves. One 1993, we announced in the Federal The petition finding and publication cave is within the Government Canyon Register (58 FR 63328) a 90-day finding of the proposed rule was precluded by karst fauna region in Government that the petition presented substantial the listing priority guidance for fiscal Canyon State Natural Area, three are information that listing may be year 1997, finalized December 5, 1996 located in the Helotes karst fauna region warranted. We received over 200 letters (61 CFR 64475). In the 1997 guidance, on private property, and one is located from citizens, businesses, and elected we determined that, given limited Federal Register / Vol. 63, No. 250 / Wednesday, December 30, 1998 / Proposed Rules 71857 resources, highest priority would be The proximity of the caves and karst platted, and new electrical connections processing emergency listing rules. features inhabited by these species to during the period from 1990–1992. This Second priority would be processing the City of San Antonio makes them may indicate a growing economy and a final determinations on proposed vulnerable to being filled, capped, subsequent increase in growth and additions to the list. Processing destroyed, or otherwise negatively development. This report also indicates administrative findings on petitions and impacted as a result of continuing that the majority of the growth (about 81 processing new proposals to add species expansion of the San Antonio percent, as measured by new electrical to the lists were again a tier three metropolitan area. Destruction of caves connections) is occurring in the priority. in Bexar County and throughout central northwest and northeast quadrants. With the publication of listing priority Texas is common (Elliott 1990, Veni The recent revitalization of the real guidance for Fiscal Years 1998 and 1999 1991). Veni (1991) estimates that about estate market and the construction on May 8, 1998 (63 CFR 25502), we 26 percent of known caves in Bexar industry has intensified the threat to the returned to a more balanced listing County have been destroyed through nine invertebrates. A review of new program. Processing administrative filling with dirt, rocks, concrete, or electrical connections for all Bexar findings on petitions to add species to other materials; capping or covering by County census tracts from 1990–1996 the lists became a tier two priority, and roads or buildings; and blasting by (San Antonio Planning Department we resumed work on this petition construction and quarrying operations. 1997) reveals that tracts within the finding. Several sources of information from northwest and northeast quadrants of In 1994, we began discussions with a 1991 to 1997 illustrate the considerable the city continue to be the fastest coalition of landowners, developers, development that has occurred and is growing areas in the county in the and other interested parties about expected to continue in the San Antonio present decade. Census tracts creating a conservation agreement that area in general and the karst faunal numbering in the 1200s, 1700s, 1800s, might preclude the need for listing these regions in particular. For example, a and 1900s accounted for 21 percent, 10 species. We have been working since report prepared by the City of San percent, 31 percent, and 21 percent, then with interested parties to develop Antonio (1991) indicates that 69 percent respectively, of the new electrical a conservation strategy and agreement. of the increase in human population connections in the county from 1990 to However, all the measures necessary to that occurred in Bexar County between 1996 (San Antonio Planning Department accomplish this goal have not yet been 1980 and 1990 occurred in the 1997). Further review of the data reveals agreed to. These issues relate primarily northwest and northeast quadrants, that the majority of the fastest growing to determining what is needed for which is where the nine invertebrates sub-tracts are located in karst areas. species conservation, responsibility and occur. The report describes this period Plotting cave locations on land use commitment for implementation and as characterized by ‘‘tremendous maps prepared by the Bexar County funding, and the amount of time growth’’ in the residential sector with Appraisal District for northwest Bexar required to implement the conservation significant increases also occurring in County and the Edwards Aquifer measures. If these issues are resolved non-residential growth. During the recharge zone shows that most of the before a final listing decision is made, 1980s Bexar County saw a 26 percent privately owned caves lie on land the final listing decision may differ from increase in the single family housing classified as one of the following: single that proposed here for some or all of market (88 percent of which occurred in family residential, vacant platted, these species. the northwest and northeast quadrants), vacant mixed-use, tax exempt, or ranchland (Table 1). Land classified as Summary of Factors Affecting the a 46 percent increase in the multi-family single family residential is currently Species housing market, and an approximate 150 percent increase in square feet occupied by single family dwellings. Section 4 of the Endangered Species availability of non-residential space Land classified as vacant platted is Act and regulations (50 CFR Part 424) (City of San Antonio 1991). mostly interspersed with or surrounded promulgated to implement the listing Overall, the northwest and northeast by single family residential areas and, provisions of the Act set forth the quadrants of Bexar County contain 69 since plats have been approved, can be procedures for adding species to the percent of the county’s population and developed at any time. Vacant mixed- Federal lists. A species may be 73 percent of the available housing (City use land is land with no agricultural determined to be an endangered or of San Antonio 1991). From 1980–1990, exemption or where rollback taxes have threatened species due to one or more changes in population for the specific been paid in preparation for a change in of the five factors described in section census tracts where the nine land use. Caves located on single family 4(a)(1). These factors and their invertebrates occur (census tracts residential, vacant platted, or vacant application to the nine invertebrates are numbering in the 1200s, 1700s, 1800s, mixed-use land are most vulnerable to as follows: and 1900s) range from a 2.4 percent negative impacts related to A. The present or threatened decrease (tract 1208, Alamo Heights) to development. Ranchland is land with an destruction, modification, or a 201 percent increase (tract 1720, existing agricultural exemption and may curtailment of its habitat or range. The Culebra Anticline area). For the 1200, be vulnerable to fire ant infestations, range of the nine invertebrates is limited 1700, 1800, and 1900 census tracts the siltation due to overgrazing, or to to limestone karst strata in the northern average increase has been 35.4 percent, chemicals such as pesticides. Exempt portion of Bexar County, which 13.1 percent, 54.3 percent, and 24.1 land is government-owned or otherwise includes a portion of northern San percent, respectively. The majority of tax exempt, and is owned primarily by Antonio, Texas. Their historical range is the increase in development and Federal, State, and local governments or unknown, but is expected to have been population during that period occurred church groups. These caves may be similar to the present range with the during the early 1980s with a drastic subject to any of the threats associated understanding that some caves within decline by 1989. with other land-use types, depending on the species’ range have been destroyed A report by the City of San Antonio the landowner and current land use and other caves have suffered adverse (1993) shows a steady increase in practices. The DOD has indicated an impacts due to the factors discussed in building permit activity, number of interest in conserving caves located on this proposed rule. plats approved, number of acres and lots its property and is currently 71858 Federal Register / Vol. 63, No. 250 / Wednesday, December 30, 1998 / Proposed Rules inventorying its cave resources. The habitat protection for caves on their in some of the caves and throughout the TPWD, owners of Government Canyon property; however, fire ants are present property. State Natural Area, should provide

TABLE 1.ÐNUMBERS OF KARST FEATURES CONTAINING THE NINE INVERTEBRATES BY LAND USE [Land use according to Bexar County Appraisal District maps for northwest Bexar County and the Edwards Aquifer recharge zone]

Vacant Species Single- Vacant mixed- Ranch- Tax ex- Unknown Total family platted use land empt

Rhadine exilis ...... 2 1 3 1 2 19 DOD 4 33 1 GCSNA 1 Co. ROW 2 Rhadine infernalis ...... 25 R. I. ewersi ...... 3 DOD ...... R. I. infernalis ...... 2 ...... 6 2 4 1 ...... GCSNA 1 Church R. I. new species ...... 2 ...... 1 3 ...... Batrisodes venyivi ...... 1 3 1 ...... 1 ...... 3 ...... 1 ...... 1 Cicurina baronia ...... 1 ...... 1 Cicurina madla ...... 1 ...... 2 1 1 ...... 5 GCSNA Cicurina venii ...... 1 ...... 1 Cicurina vespera ...... 1 1 2 GCSNA Neoleptoneta microps ...... 2 ...... 2 GCSNA 1 1 in county road right-of-way and 1 across the street from residential neighborhood. 2 Dept. of Defense, Government Canyon State Natural Area, county road right-of-way. 3 Exact location unknown.

A number of the caves containing the is detected. These tanks are considered Aquifer and are susceptible to nine invertebrates occur within the one of the most significant sources of contamination originating on properties recharge zone for the Edwards Aquifer. groundwater contamination in the State containing the cave entrances, as well as The Edwards Underground Water (TWC 1989). on properties that lie above and adjacent District (1993) presents data suggesting Increasing urbanization in Bexar to subterranean reaches of the caves. that the Edwards Aquifer recharge zone County will increase the risk that leaks Attributes of cave environments that in northwest Bexar County is ‘‘poised and spills may harm karst ecosystems. are conducive to occupation by karst for explosive development as the TNRCC (1994) summarizes information invertebrates include a relatively economy rebounds.’’ Spills, leaking on groundwater contamination and lists constant high humidity, stable storage tanks, and other sources of contaminant spills on a county-by- temperature, and some energy input surface and groundwater pollution can county basis as reported by TNRCC, the harm cave and karst communities as Texas Department of Agriculture, the (Howarth 1983; Holsinger 1988; Elliott pollutants pass through the karst. The Railroad Commission of Texas, the and Reddell 1989). Nutrient availability Texas Water Commission (TWC), now Texas Alliance of Groundwater and moisture are critical limiting factors part of the Texas Natural Resource Districts, and the Interagency Pesticide for karst fauna occupying terrestrial Conservation Commission (TNRCC), Database. Table 1 in TNRCC (1994) lists cave environments (Barr 1968). reported that in 1988 within the San 350 groundwater contamination cases Adaptations to the high relative Antonio segment of the Edwards that have occurred in Bexar County humidity and low nutrient availability Aquifer 28 oil and chemical spills within the past 2 decades. The majority typical of caves are common among occurred in Bexar County. This of these cases involve spills or leaks of troglobites (Howarth 1983; Mitchell represented the greatest number of land- petroleum products, and many of them 1967; Barr 1968) and the nine based spills in central Texas that affect remain unresolved at present. invertebrates exhibit many of these surface and/or groundwater (TWC While a number of the cave entrances adaptations (Barr 1960; Barr 1974; 1989). As of July 1988, Bexar County concerned may not be in imminent Gertsch 1974). Nearly all food energy in had between 26 and 50 confirmed danger from development at the caves must be imported from the leaking underground storage tanks entrance site, cave environments can be exterior (Holsinger 1988). (TWC 1989), placing it second among negatively impacted by runoff, chemical Energy enters areas near the cave central Texas counties in the number of spills, sewer leaks, pesticide use, and entrance via species that move between confirmed underground storage tank septic effluent associated with the surface and the cave, including bats, leaks. The TWC estimates that, on development on nearby properties and by means of organic matter that average, every leaking underground within the karst zone. Many of these washes into the caves. In deeper reaches storage tank will leak about 500 gallons caves are situated within the porous per year of contaminants before the leak limestone that forms the Edwards Federal Register / Vol. 63, No. 250 / Wednesday, December 30, 1998 / Proposed Rules 71859 of the cave, primary input of energy is disturbances on the nine invertebrates, scientists conducting studies of cave through water containing dissolved there is substantial evidence indicating fauna. Consequently, any threat from organic matter percolating through the that the threats discussed herein are overutilization of these species for karst vertically through fissures and real, significant, and ongoing. Reddell commercial, recreational, scientific, or solution features (Howarth 1983; (invertebrate biologist, in litt. 1993) and educational purposes is insignificant at Holsinger 1988; Elliott and Reddell Elliott (cave and karst ecologist, in litt. this time. 1989). Rapid urbanization in northern 1993) both cite examples in which trash C. Disease or predation. Human Bexar County would likely result in a dumping, vandalism, and over- activities facilitate movement of dramatic increase in impermeable cover visitation have resulted in decreased predators such as fire ants into an area. in areas surrounding many of the caves. observations of karst invertebrates in Construction areas, lawns, roadways, An increase in impermeable cover could affected areas in caves in Travis and and landscaped areas provide habitat result in decreased percolation of water Williamson counties. Furthermore, we from which these species can disperse. into the caves via the karst and have a believe that using extirpation The relative accessibility of the shallow detrimental effect on the moisture (extinction of a population) as the only caves in Bexar County leaves them regime and nutrient input critical to measure of threats would significantly especially vulnerable to invasion by karst-dwelling species. compromise the ability to provide for non-native species. Several of the caves containing the long-term conservation of these species. Non-native fire ants are a major threat nine invertebrates have been subject to The earlier that threats are identified, to the nine invertebrates. Fire ants are vandalism, trash dumping, and other the greater the likelihood that species voracious predators and there is threats that may be associated with can be conserved. evidence that overall visitation by humans. Excessive B. Overutilization for commercial, diversity drops in their presence visitation by humans can result in recreational, scientific, or educational (Vinson and Sorensen 1986, Porter and habitat disturbance or loss of habitat purposes. One commenter stated that Savignano 1990). Reddell (in litt. 1993) due to soil compaction or changes in the only ‘‘documented cause of death’’ lists at least nine cave-inhabiting atmospheric conditions as well as direct for karst invertebrates is scientific species he has observed being preyed mortality of invertebrates. Vandalism collecting, and that collecting upon by fire ants. Although none of the may result in the destruction or invertebrates involves major disruption petitioned species covered in this deterioration of the karst ecosystem. of their habitat. While it is true that proposed rule are the species he Dumping of trash (such as alkaline positive identification of karst observed being preyed upon, several of batteries) can lead to contamination of invertebrates usually requires collection those observed are closely related to the the karst ecosystems while disposal of and permanent preservation of nine invertebrates or to endangered household and other wastes may attract individual specimens, the number of karst invertebrates in Travis and fire ants or other surface-dwelling individuals taken for this purpose is Williamson counties, Texas. species harmful to the karst ecosystem. small and such collections are made Elliott (1992) cites other examples of Comments we received suggest that infrequently. We do not believe that predation and notes that fire ant activity trash and debris left in caves can benefit collection of a few individuals has has increased dramatically in central the nine invertebrates by providing significantly reduced their numbers. Texas since 1989. Even in the unlikely supplemental nutrients to the cave Habitat disturbance resulting from event that fire ants do not affect the ecosystem. While the nine invertebrates searching for species is relatively minor proposed species directly, their need some input of nutrients into the when done by experienced collectors, presence in and around caves could underground environment, the impacts and usually involves turning over rocks have a drastic detrimental effect on the associated with trash dumping in caves on the cave floor, which are then cave ecosystem through loss of species, are more likely to be negative. Caves returned to their previous positions. inside the cave and out, that provide and karst features are low-nutrient Thus, we do not consider scientific nutrient input and critical links in the environments, and many obligate karst- collecting to be a threat at this time. food chain. dwelling organisms have evolved Further, if the species are listed, a Of 36 caves Veni and Reddell visited adaptations to this unique environment scientific collecting permit will be while conducting a status survey for the (Mitchell 1967; Barr 1968; Howarth required and excess collection will not nine invertebrates, fire ants were found 1983). Over the long term, excess be permitted. in 26 caves (Reddell 1993). The 1993 artificial input of nutrients into the karst Commenters have also suggested that status survey revealed that of 24 caves ecosystem would more likely benefit enlarging cave openings to allow confirmed to contain one or more of the predators and competitors of the nine biologists access to sample for karst nine invertebrates, at least 15 had fire invertebrates (see factor C of this invertebrates could change the internal ant infestations at the time the study section) and upset the natural balance in cave environment and harm the species. was conducted (Reddell 1993). Most of the karst ecosystem. The Service agrees that, in some the collections for the status survey Commenters have also stated that, instances, creation or significant were done between April and June of since the nine invertebrates continue to enlargement of cave openings could 1993 at a time during that year when exist in caves where there is a history alter the environment of caves. Where fire ants had likely not reached peak of dumping, vandalism, or invasion by changes in the cave environment are densities (Reddell, pers. comm. 1995). fire ants (see factor C of this section), expected to result, the Service Consequently, fire ant infestations could these activities must not pose a threat to recommends returning the opening to be worse than reflected by the status the species. Karst invertebrates occur in its previous natural condition with survey, and the rate of infestation is low numbers and are difficult to study. natural dirt and rock fill or installing an expected to be similar for the rest of the Consequently, detecting small, gradual appropriate cave gate designed to 56 caves known to contain one or more changes in the populations of karst provide suitable conditions in the cave of the nine invertebrates. invertebrates is difficult. While little and protect the internal environment. Controlling fire ants once they have quantitative data are available on the These species are of little interest in invaded a cave and its vicinity is direct effects of trash dumping, the trade or to amateur collectors. difficult. Chemical control methods vandalism, fire ants, sealing, and other They are collected only occasionally by have some effectiveness, but the effect 71860 Federal Register / Vol. 63, No. 250 / Wednesday, December 30, 1998 / Proposed Rules of these agents on non-target species is prior to passage of the ordinance are caving skills and caution of the unclear. Consequently, use of chemicals grandfathered and are not required to person(s) entering the cave. to control fire ants in and close to caves comply with the new restrictions. Vandalism is also a threat to karst is not currently advisable. At present, We are not aware of other regulations ecosystems and can contribute to an we recommend only boiling water that will specifically address the alteration of the cave ecosystem through treatment for control of fire ant colonies protection of the karst features that soil compaction, temperature changes, near caves inhabited by endangered serve as habitat for these invertebrate and contamination from household karst invertebrates in Travis and species. At present, adequate, long term chemicals such as insecticides (Reddell Williamson counties. This method is conservation of the karst fauna is not 1993). Additionally, disturbance of labor intensive and only moderately assured in any of the caves containing habitat and introduction of excess effective. Carefully controlled chemical one or more of the nine invertebrates. nutrients, such as garbage, may facilitate treatment may be appropriate in certain Five caves located in Government the establishment of or increase the circumstances. Although control Canyon State Natural Area contain a numbers of competitors and/or methods are available, the burden of total of five of the nine invertebrates. predators (including non-native species) carrying out such practices in areas The TPWD will likely protect habitat at as discussed above. Certain caves have occupied by these proposed species is these sites; however, fire ants are frequently been used for parties and not a designated or mandated duty of present in some of the caves and other unauthorized activities. Trash any agency, organization, or individual. throughout the property. Thus, the dumping has occurred in numerous This type of control will likely be invertebrate species within those caves Bexar County caves. Reddell (1993) needed indefinitely or until a long term are at risk because effective methods of noted in several caves that contain one method of fire ant control is developed. controlling fire ants are not known. or more of the nine invertebrates that D. The inadequacy of existing A total of 21 caves containing the regulatory mechanisms. Invertebrates vandalism has contributed to the proposed species are located on Federal degradation of the cave. are not included on the TPWD list of property at the Camp Bullis Training We have carefully assessed the best threatened and endangered species and Site. Eighteen caves contain only scientific and commercial information are provided no protection by the State; Rhadine exilis, two caves contain only available regarding the past, present, nor do TPWD’s regulations contain Rhadine infernalis and one cave and future threats faced by these species provisions for protecting habitat of any contains both Rhadine species. Efforts in determining to propose this rule. listed species. The TNRCC regulations are underway through the Department may give some degree of protection to Based on this evaluation, the preferred of Defense’s Legacy program to significant aquifer recharge features, but action is to list Rhadine exilis, Rhadine inventory karst features within the would apply to only a few of the caves infernalis, Batrisodes venyivi, Texella recharge zone on Camp Bullis, and these in question since the majority do not cokendolpheri, Cicurina baronia, efforts may result in protection of contribute significantly to recharge. In Cicurina madla, Cicurina venii, biologically or hydrologically significant addition, setbacks from recharge Cicurina vespera, and Neoleptoneta karst features. However, complete features required by the TNRCC may not microps as endangered. protection of the species in these always be adequate to protect entire features may require control of fire ants. The Act defines an endangered hydrogeological areas and surface species as one that is in danger of communities that provide nutrient input E. Other natural or manmade factors affecting its continued existence. Just as extinction throughout all or a significant into the cave. The TNRCC also approves portion of its range. A threatened capping (concrete sealing) of certain human activities may facilitate movement of fire ants into an area (see species is one that is likely to become sinkholes and other karst features in an an endangered species in the foreseeable effort to prevent contaminated water factor C of this section), competitors such as cockroaches and sow bugs can future throughout all or a significant from entering the aquifer. Such portion of its range. We believe that alteration or blocking of natural also be introduced into cave ecosystems in association with human activity. endangered is the appropriate status for drainage patterns could result in drying these species because of the high degree of the habitat and a reduction in Native and non-native species may increase and compete with the nine and immediacy of threats faced by and nutrient input into the karst feature. limited range of these species. The City of San Antonio regulates invertebrates directly by consuming the development and impervious (resistant same foods and using the same habitats; If the provisions of this rule become to seepage of water) cover within the or they may compete indirectly by using final, the karst fauna regions delineated recharge area of the Edwards Aquifer. resources needed by species, such as by Veni (1994a) will likely constitute The plan provides limits on types of cave crickets (Ceuthophilus spp.), that recovery units for the species. The development that can occur within the provide nutrient input to karst recovery criteria for these species will recharge zone and limits on impervious ecosystems. Fire ants can be considered likely call for, among other things, the cover. This ordinance requires, in part, both predators and competitors (see preservation of at least three karst fauna identification of critical environmental factor C of this section). areas per karst fauna region, as outlined features and may provide some Possible impacts from human entry for endangered karst invertebrates in protection for caves and karst features into caves for recreational purposes Travis and Williamson counties, Texas. that provide recharge to the Edwards include habitat disturbance or loss due These criteria are discussed in the Aquifer. However, most of the caves to soil compaction or changes in Recovery Plan for Endangered Karst known to contain the nine invertebrates atmospheric conditions; abandonment Invertebrates in Travis and Williamson are relatively small and do not provide of the cave by , including bats, Counties, Texas (USFWS 1994). These significant recharge, so it is uncertain that inhabit caves but must return to the recovery criteria were designed to how these caves would be considered surface for food or other necessities, and protect populations of the species far under the ordinance. In addition, many in so-doing provide nutrient input to the enough apart to guard against of the caves known to have the nine cave ecosystem; and direct mortality of catastrophic loss of all populations invertebrates lie outside the recharge karst fauna. These impacts may be within a region and to preserve genetic zone. Finally, development plans filed reduced or avoided depending on the diversity across each species’ range. Federal Register / Vol. 63, No. 250 / Wednesday, December 30, 1998 / Proposed Rules 71861

Critical Habitat nexus exists. Under section 7 of the Act, in a proposal to designate critical Critical habitat is defined in section 3 Federal agencies are required to ensure habitat outweighs the benefits provided of the Act as: (i) the specific areas that their actions do not jeopardize the by such designation, and that, therefore, within the geographical area occupied continued existence of a species or the designation of critical habitat for the by the species, at the time it is listed in result in destruction or adverse nine invertebrates is not prudent. modification of critical habitat. accordance with the Act, on which are Available Conservation Measures However, both jeopardizing the found those physical or biological Conservation measures provided to features (I) essential to the conservation continued existence of a species and adverse modification of critical habitat species listed as endangered or of the species and (II) that may require threatened under the Act include special management considerations or have similar standards and thus similar thresholds for violation of section 7 of recognition, recovery actions, protection; and (ii) specific areas the Act. In fact, biological opinions that requirements for Federal protection, and outside the geographical area occupied conclude that a Federal agency action is prohibitions against certain practices. by a species at the time it is listed, upon likely to adversely modify critical Recognition through listing encourages a determination that such areas are habitat but not jeopardize the species for and results in conservation actions by essential for the conservation of the which the critical habitat has been Federal, State, and local agencies, species. ‘‘Conservation’’ means the use designated are extremely rare. Because private organizations, and individuals. of all methods and procedures needed the nine invertebrates have extremely The Act provides for possible land to bring the species to the point at limited distributions, and because new acquisition and cooperation with the which listing under the Act is no longer potentially suitable habitats cannot be States and requires that recovery actions necessary. constructed (and are not created by be carried out for all listed species. The Section 4(a)(3) of the Act and nature except in geological time frames), protection required of Federal agencies implementing regulations (50 CFR any activity which would cause adverse and the prohibitions against taking and 424.12) require that, to the maximum modification of critical habitat would harm are discussed, in part, below. extent prudent and determinable, the also likely cause jeopardy to the species. Section 7(a) of the Act, as amended, Secretary designate critical habitat at the In addition, a primary threat to the requires Federal agencies to evaluate time the species is determined to be nine invertebrates on Federal lands is their actions with respect to any species endangered or threatened. Our predation by and competition with fire that is proposed or listed as endangered regulations (50 CFR 424.12(a)(1)) state ants. Because the threat posed by fire or threatened and with respect to its that designation of critical habitat is not ants would not necessarily be subject to critical habitat, if any is being prudent when one or both of the section 7 consultation, designation of designated. Regulations implementing following situations exist—(1) The critical habitat would not result in this interagency cooperation provision species is threatened by taking or other reduction of this threat. of the Act are codified at 50 CFR part human activity, and identification of Most (35 of 56) of the caves 402. Section 7(a)(4) requires Federal critical habitat can be expected to supporting the nine invertebrates are on agencies to confer with us on any action increase the degree of threat to the non-Federal lands, and many of the that is likely to jeopardize the continued species, or (2) such designation of activities likely to cause adverse existence of a species proposed for critical habitat would not be beneficial modification of these caves listing or result in destruction or to the species. We find that designation (modification of surrounding vegetation adverse modification of proposed of critical habitat is not prudent for the and/or drainage patterns, contamination critical habitat. If a species is listed nine invertebrates due to increased from septic effluent and run-off, subsequently, section 7(a)(2) requires threat of taking and lack of benefit. predation by and competition with fire Federal agencies to ensure that activities The publication of precise species ants, and vandalism) do not involve a they authorize, fund, or carry out are not locations and maps and descriptions of Federal nexus. The designation of likely to jeopardize the continued critical habitat in the Federal Register, critical habitat on non-Federal lands existence of the species or to destroy or as required in a proposal to designate would not provide any benefit in adversely modify its critical habitat. If a critical habitat, would make the nine reducing the threats from these Federal action may affect a listed invertebrates more vulnerable to activities. Activities that cause take of species or its critical habitat, the incidents of vandalism. Vandalism of the species, however, would be responsible Federal agency must enter caves and unauthorized entry have been prohibited under section 9 of the Act. into formal consultation with us. documented, and are a known threat to The designation of critical habitat for In addition, section 7(a)(1) of the Act the species (see factor A of the Summary the purpose of informing Federal requires all Federal agencies to review of Factors Affecting the Species section). agencies and landowners of the known the programs they administer and use Also, these species cave habitats are locations of the nine invertebrates is not these programs in furtherance of the located at the edge of a growing urban necessary because we can inform purposes of the Act. All Federal area. The expanding human population Federal agencies and landowners agencies, in consultation with us, are to increases the risk that publicizing cave through other means. We will notify all carry out programs for the conservation and species locations would increase appropriate Federal agencies and of endangered species and threatened the likelihood of vandalism of the nine landowners of the importance of species listed pursuant to section 4 of invertebrates’ cave habitats. protecting the caves these species the Act. Critical habitat receives consideration occupy through our standard Examples of Federal agency actions under section 7 of the Act with regard notification procedures. Thus, that may require conference and/or to actions carried out, authorized, or recognition of important areas for consultation as described in the funded by a Federal agency (see conservation of the species can be preceding paragraphs include ‘‘Available Conservation Measures’’ accomplished without designating operations at military facilities in the section). As such, designation of critical critical habitat. San Antonio area (specifically Camp habitat may affect activities on Federal For these reasons, we believe that the Bullis Military Reservation), lands and may affect activities on non- increased threat of vandalism through Environmental Protection Agency Federal lands where such a Federal disclosure of cave locations as required authorization of discharges and 71862 Federal Register / Vol. 63, No. 250 / Wednesday, December 30, 1998 / Proposed Rules registration and regulation of pesticides; recreated once they have been become prey for some predatory Federal Highway Administration and destroyed. Protection of the ecosystems troglobites. Army Corps of Engineers (Corps) that support the nine invertebrates will Water quality is also an important involvement in such projects as road require maintaining moist, humid factor in conservation of karst and bridge construction and conditions and stable temperatures in invertebrates. Caves and karst features maintenance; other Corps projects the air-filled voids; maintaining an are susceptible to pollution from subject to section 404 of the Clean Water adequate nutrient supply; preventing contaminated water entering the ground Act (33 U.S.C. 1344 et seq.); and U.S. contamination of the water entering the because karst has little capacity for Department of Housing and Urban ecosystem; preventing or controlling purification. Transmission of Development activities, funding, and invasion of non-native species such as groundwater flows in karst is authorizations. fire ants; and other actions as deemed comparatively rapid and provides little The Act and implementing necessary. opportunity for natural filtering or other regulations set forth a series of general Protecting the karst features inhabited purifying effects (IUCN 1997). The area prohibitions and exceptions that apply by the nine invertebrates will entail that has the greatest potential to to all endangered wildlife. The protecting sufficient surface and contribute water-borne contaminants prohibitions, codified at 50 CFR 17.21, subsurface area surrounding the karst into the karst ecosystem is the surface in part, make it illegal for any person features to maintain the integrity of the and subsurface drainage basin that subject to jurisdiction of the United karst ecosystem. Due to the paucity of supplies water to the ecosystem. Certain States to take (includes harass, harm, light and limited capability for activities within this hydrologically pursue, hunt, shoot, wound, kill, trap, photosynthesis, karst ecosystems are sensitive area, such as application of capture, or collect; or to attempt any of almost entirely dependent upon surface pesticides and fertilizers, leakage from these), import or export, ship in plant and animal communities for sewer lines, and urban runoff, could interstate commerce in the course of nutrient and energy input. Karst contaminate the karst ecosystem. The commercial activity, or sell or offer for ecosystems receive nutrients from the potential for contaminants to travel sale in interstate or foreign commerce surface in the form of leaf litter and through karst systems may be increased any listed species. It also is illegal to other organic debris that have washed or in some areas relative to others due to possess, sell, deliver, carry, transport, or fallen into the caves, from tree and other local geologic features. Areas ship any such wildlife that has been vascular plant roots, or through the surrounding the karst features providing taken illegally. Certain exceptions apply feces, eggs, or dead bodies of other habitat for the nine invertebrates should to our agents and agents of State species, for example, cave crickets, bats, be maintained so as to minimize the conservation agencies. and raccoons. possibility of introducing contaminants We may issue permits to carry out A healthy ecosystem surrounding the into the karst ecosystem. otherwise prohibited activities karst features is important to involving endangered or threatened conservation of the nine invertebrates. In addition to providing nutrients to wildlife under certain circumstances. Certain animal species, such as cave the karst ecosystem, the surface plant Regulations governing permits for crickets, daddy-longlegs, raccoons, community also serves to buffer the endangered wildlife are codified at 50 skunks, and other small mammals, karst ecosystem against changes in CFR 17.22 and 17.23. Such permits are appear to use many caves and karst temperature and moisture regimes, available for scientific purposes, to features, provided there is sufficient pollutants entering from the surface enhance propagation or survival of the area on the surface with habitat to (Biological Advisory Team 1990, Veni & species, and/or for incidental take in the support these species and the cave Associates 1988), and other factors such course of otherwise lawful activities. entrances are not blocked. Recent as sedimentation resulting from soil Because these species are not in trade, research indicates cave crickets may erosion. Protecting native vegetation we do not expect requests for such forage more than 50 meters from cave may also help control certain non-native permits. entrances (W.R. Elliott, Texas Memorial species (such as fire ants) that may Send requests for copies of Museum, pers. comm. 1993). compete with and/or prey upon the regulations regarding listed wildlife and Cave crickets are an especially listed species and other karst fauna. Soil inquiries about prohibitions and permits important component of the cave disturbance, introduction of nursery to the U.S. Fish and Wildlife Service, ecosystem, because many invertebrates plants and sod containing fire ants, Region 2, Endangered Species Listing are known to feed on their eggs, garbage (potential food source), and Coordinator, 500 Gold Avenue SW nymphs, feces, and dead bodies. Cave electrical equipment are some of the Room 4012, Albuquerque, NM 87103– crickets typically roost and lay eggs in factors contributing to fire ant 1306 (telephone 505/248–6655; caves during the day, then emerge at infestations. facsimile 505/248–6922). night to feed. They are general predators It is our policy (July 1, 1994; 59 FR We recognize that some landowners and scavengers, but the exact food 34272) to identify to the maximum have expressed willingness to work preferences of Ceuthophilus species in extent practicable at the time a species with us to protect the nine invertebrates Texas are still unclear. The daddy- is listed those activities that would or and that land management strategies longlegs harvestman (Leibunum would not likely constitute a violation that benefit the species and provide townsendii), which is abundant in many of section 9 of the Act. The intent of this clear guidelines for land use in the caves, may similarly introduce nutrients policy is to increase public awareness of vicinity of occupied caves can be into the cave ecosystem. Raccoons, bats, the effect of the listing on proposed and developed. We intend to work with and other small mammals are also ongoing activities within a species’ landowners in developing management ecologically important in many cave range. We emphasize that this action is plans and conservation agreements for communities because their feces a proposed listing and that the these species. provide a rich medium for the growth of guidelines presented herein are for use The karst features inhabited by these fungi and, subsequently, localized in the event that the listing becomes species and the ecosystems on which population blooms of several species of final. Should the species be listed, the they depend have developed slowly tiny, hopping that reproduce discussion and outline presented here over millions of years and cannot be rapidly on rich food sources and may should assist landowners and managers Federal Register / Vol. 63, No. 250 / Wednesday, December 30, 1998 / Proposed Rules 71863 in avoiding a violation of section 9 of Veni (1994a) defines five karst zones Zone 2—Areas having a high the Act. in the San Antonio area based on probability of suitable habitat for The guidelines below for determining geology, distribution of known caves, proposed or other endemic cave fauna; whether or not an activity is likely to distribution of cave fauna, and primary Zone 3—Areas that probably do not result in take of listed invertebrates are factors that determine the presence, contain proposed or endemic cave fauna; based on karst zone maps prepared by size, shape and extent of caves with Zone 4—Areas that require further Veni (1994a; see Map 1). These maps respect to cave development. The five research but are generally equivalent to show general zones of karst occurrence zones reflect the likelihood of finding a zone 3, although they may include and do not show specific locations of karst feature that will provide habitat for endemic invertebrates are as follows: sections that could be classified as zone cave invertebrates. Thus, we believe 2 or zone 5; and they provide useful general information Zone 1—Areas known to contain the Zone 5—Areas that do not contain without risk of increasing the threat of proposed endemic cave fauna; proposed or endemic cave fauna. vandalism to karst features. BILLING CODE 4310±55±P 71864 Federal Register / Vol. 63, No. 250 / Wednesday, December 30, 1998 / Proposed Rules

BILLING CODE: 4310±55±C Federal Register / Vol. 63, No. 250 / Wednesday, December 30, 1998 / Proposed Rules 71865

Veni (1994a) includes detailed drainage area or other alterations to any occupied karst features; construction/ discussion of the geologic makeup of cave or karst feature providing habitat disturbance setbacks from caves; and these karst zones. Map 1 simplifies for the species that results in changes to avoidance of the use of chemical Veni’s karst zone maps to show where the cave environment (such as filling pesticides or fertilizers, surface actions may or may not be likely to take cave entrances or otherwise reducing topography alteration, and trenching karst invertebrates. Zones 1 and 2 are airflow which limits oxygen availability; within specific areas. combined in the shaded areas, zones 3 increasing airflow that results in drying; Public Comments Solicited and 4 are combined in the hatched altering natural drainage patterns with areas, and the remaining area falls in the result of changing the amount of We intend that any final action zone 5. Zone 5 does not have karst- water entering the cave or karst feature; resulting from this proposal will be as forming strata and the nine invertebrates increasing impervious cover within the accurate and as effective as possible. are not expected to occur in these areas. surface or subsurface drainage areas of Therefore, we request comments or The likelihood that an activity in the cave or karst feature; altering the suggestions from the public, other zones 1–4 will result in take of listed entrance or opening of the cave or karst concerned governmental agencies, the invertebrates is directly related to the feature in a way that would disrupt scientific community, industry, or any likelihood of species occurrence and movements of raccoons, opossums, cave other interested party concerning this may require specialized knowledge and crickets, or other animals that provide proposed rule. We particularly seek familiarity with caves, geology of karst nutrient input; etc.); comments concerning: areas, and local geology. Persons (4) Discharge or dumping of (1) Biological, commercial trade, or qualified to identify and evaluate the chemicals, silt, pollutants, household or other relevant data concerning any significance of karst features may industrial waste, or other harmful threat (or lack thereof) to these species; include professional geologists or material into karst features or areas that (2) The location of any additional hydrogeologists, biological consultants drain into karst features; populations of these species and the familiar with cave and karst ecosystems, (5) Pesticide or fertilizer application reasons why any habitat should or and other similarly knowledgeable in or near karst features containing the should not be determined to be critical persons. Property owners should take nine invertebrates or areas that drain habitat pursuant to section 4 of the Act; care in conducting karst surveys or into these karst features. Careful use of (3) Additional information concerning selecting a person to conduct a karst pesticides in the vicinity of karst the range, distribution, and population survey so as to obtain the most accurate features may be necessary in some size of these species; information possible and to avoid doing instances to control non-native fire ants. (4) Current or planned activities in the any damage to a karst feature or the Guidelines for controlling fire ants in San Antonio area and their possible karst ecosystem during the survey. the vicinity of karst features are impacts on these species; Collection and identification of karst available from us (see ADDRESSES (5) Existing local, State, or Federal invertebrates requires specialized section); regulations that provide protection for knowledge and familiarity with cave (6) Activities within caves that lead to these species and/or the caves and karst biology and ecology and life history of soil compaction, changes in features that provide habitat for the karst invertebrates. Identification of atmospheric conditions, abandonment species; and some specimens will require of the cave by bats or other fauna, or (6) Appropriateness of using the karst microscopic examination and expert direct mortality of the species. regions outlined in Veni (1994a, Figure taxonomic assistance. Persons qualified (7) Activities that attract fire ants or 1) as recovery units in the event the to search for karst invertebrates and cockroaches to caves or karst features species are listed. make preliminary identifications of (e.g., dumping of garbage into caves or We will submit the available scientific specimens should also be able to karst features). data and information to appropriate, evaluate various karst features’ Activities that we believe will not independent specialists for review. We suitability as habitat for the species. result in a violation of section 9, will summarize the opinions of these Extreme care must be taken when provided such activities do not result in reviewers in the final decision surveying for invertebrates in karst any of the situations described above, document. In making a final decision, ecosystems, and these invertebrate include: we will take into consideration the surveys should not be undertaken by an (1) Activities authorized under comments and any additional amateur. If this proposed rule is sections 7 or 10 of the Act. information we receive, and such finalized, individuals wishing to collect (2) Construction activities in non- communications may lead to a final the nine invertebrates will be required karstic areas; determination that differs from this to obtain a scientific permit from us and (3) Maintenance of existing roads; proposal. submit all specimens collected to a (4) Recreational activities on the The Act provides for a public hearing museum for evaluation and surface, including camping, hiking, and on this proposal, if requested. Requests preservation. hunting; must be received within 45 days of the We believe that, based on the best (5) Maintenance of established lawns date of publication of the proposal in available information, activities in zones and other landscaping features, the Federal Register. Such requests 1–4 that could potentially result in take including mowing, pruning, seeding, must be made in writing and addressed include, but are not limited to: removing dead trees, and planting trees to the Field Supervisor, U.S Fish and (1) Collecting or handling of the and shrubs, particularly using native Wildlife Service (see ADDRESSES species; plant species; section). (2) Surface or subsurface activities (6) Legal use of pesticides in areas that may directly result in destruction or that do not drain into karst features. Executive Order 12866 alteration of species’ habitat (such as We welcome the involvement of Executive Order 12866 requires each trenching for installation of utility or landowners in conservation efforts for agency to write regulations that are easy sewer lines, excavation, etc.); the nine invertebrates. Conservation to understand. We invite your (3) Alteration of the topography measures for these species may include comments on how to make this rule within the surface or subsurface careful fire ant control in the vicinity of easier to understand including answers 71866 Federal Register / Vol. 63, No. 250 / Wednesday, December 30, 1998 / Proposed Rules to the following: (1) Are the determination in the Federal Register List of Subjects in 50 CFR Part 17 requirements of the rule clear? (2) Is the on October 25, 1983 (48 FR 49244). Endangered and threatened species, discussion of the rule in the Paperwork Reduction Act Exports, Imports, Reporting and Supplementary Information section of recordkeeping requirements, the preamble helpful in understanding This rule does not contain any new Transportation. the rule? (3) What else could we do to collections of information other than Proposed Regulation Promulgation make the rule easier to understand? those already approved under the Send a copy of any comments on Paperwork Reduction Act, 44 U.S.C. For the reasons given in the preamble, making this rule easier to understand to: 3501 et seq., and assigned Office of we propose to amend 50 CFR part 17 as Office of Regulatory Affairs, Department Management and Budget clearance set forth below: of the Interior, Room 7229, 1849 C number 1018–0094. An agency may not Street, NW, Washington, DC 20240. You PART 17Ð[AMENDED] may also e-mail the comments to this conduct or sponsor, and a person is not address: [email protected]. required to respond to, a collection of 1. The authority citation for part 17 information unless it displays a continues to read as follows: National Environmental Policy Act currently valid control number. For Authority: 16 U.S.C. 1361–1407; 16 U.S.C. We have determined that additional information concerning 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Environmental Assessments and permit and associated requirements for 625, 100 Stat. 3500, unless otherwise noted. Environmental Impact Statements, as endangered species, see 50 CFR 17.22. 2. In § 17.11(h) add the following to defined under the authority of the References Cited the List of Endangered and Threatened National Environmental Policy Act of Wildlife in alphabetical order under 1969, need not be prepared in A complete list of references cited ‘‘’’ and ‘‘INSECTS:’’ connection with regulations adopted herein, as well as others, is available pursuant to section 4(a) of the § 17.11 Endangered and threatened upon request from the Field Supervisor, wildlife. Endangered Species Act of 1973, as U.S. Fish and Wildlife Service (see amended. We published a notice * * * * * ADDRESSES section). outlining our reasons for this (h) * * *

Species Historic range Status When listed Critical Special Common name Scientific name habitat rules

ARACHNIDS

******* Harvestman, Robber Baron Cave Texella cokendolpheri ...... U.S.A. (TX) ...... E ...... NA NA

******* Spider, Government Canyon cave Neoleptoneta microps ...... U.S.A. (TX) ...... E ...... NA NA

******* Spider, [no common name] ...... Cicurina venii ...... U.S.A. (TX) ...... E ...... NA NA

******* Spider, Madla's cave ...... Cicurina madla ...... U.S.A. (TX) ...... E ...... NA NA

******* Spider, Robber Baron cave ...... Circurina baronia ...... U.S.A. (TX) ...... E ...... NA NA

******* Spider, vesper cave ...... Cicurina vespera ...... U.S.A. (TX) ...... E ...... NA NA

******* INSECTS

******* Beetle, [no common name] ...... Rhadine exilis ...... U.S.A. (TX) ...... E ...... NA NA

******* Beetle, [no common name] ...... Rhadine infernalis ...... U.S.A. (TX) ...... E ...... NA NA Federal Register / Vol. 63, No. 250 / Wednesday, December 30, 1998 / Proposed Rules 71867

Species Historic range Status When listed Critical Special Common name Scientific name habitat rules

******* Beetle, Helotes mold ...... Batrisodes venyivi ...... U.S.A. (TX) ...... E ...... NA NA

*******

Dated: December 18, 1998. available from the North Pacific Fishery under § 679.21, and the first seasonal Jamie Rappaport Clark, Management Council, West 4th Avenue, allowance of pollock become available Director, Fish and Wildlife Service. Suite 306, Anchorage, AK 99510–2252 at 0001 hours Alaska local time (A.l.t.), [FR Doc. 98–34410 Filed 12–29–98; 8:45 am] (907–271–2809). January 1, and remains available until BILLING CODE 4310±55±P FOR FURTHER INFORMATION CONTACT: superseded by the final specifications. If Shane Capron, 907–586–7228 or approved by NMFS, proposed [email protected]. management measures for the Atka DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: mackerel fishery (63 FR 60288, Background for the 1999 Proposed November 9, 1998) will also require that National Oceanic and Atmospheric Harvest Specifications. the first seasonal allowance of Atka Administration Groundfish fisheries in the BSAI are mackerel TAC be specified on an governed by Federal regulations at 50 interim basis. Regulations at 50 CFR Part 679 CFR part 679 that implement the FMP. § 679.20(c)(2)(ii) do not provide for an [Docket No. 981222313±8313±01; I.D. The Council prepared the FMP and interim specification for either the hook- 121098D] NMFS approved it under the Magnuson- and-line and pot gear sablefish CDQ Stevens Fishery Conservation and reserve or for sablefish managed under Fisheries of the Exclusive Economic Management Act. General regulations the Individual Fishing Quota Zone Off Alaska; Bering Sea and governing U.S. fisheries also appear at management plan. Aleutian Islands; Proposed 1999 50 CFR part 600. Prior to January 1, 1999, NMFS will Harvest Specifications for Groundfish The FMP and its implementing publish in the Federal Register, the regulations require NMFS, after interim TAC specifications and AGENCY: National Marine Fisheries consultation with the Council, to apportionments thereof for the 1999 Service (NMFS), National Oceanic and specify annually the total allowable fishing year. These interim Atmospheric Administration (NOAA), catch (TAC) for each target species and specifications are scheduled to become Commerce. the ‘‘other species’’ category, the sum of effective 0001 hours, A.l.t. January 1, ACTION: Proposed 1999 specifications for which must be within the optimum 1999, and remain in effect until groundfish and associated management yield range of 1.4 million to 2.0 million superseded by the final 1999 harvest measures; apportionment of reserves; metric tons (mt) (§ 679.20(a)(1)(i)). specifications. request for comments. Regulations under § 679.20(c)(1) further require NMFS to publish annually and Proposed Acceptable Biological Catch SUMMARY: NMFS proposes 1999 harvest solicit public comment on proposed (ABC) and TAC Specifications specifications and prohibited species annual TACs, prohibited species catch The proposed ABC levels are based on bycatch allowances for the groundfish (PSC) allowances, and seasonal the best available scientific information, fishery of the Bering Sea and Aleutian allowances of the pollock TAC. The including projected biomass trends, Islands management area (BSAI). This proposed specifications set forth in information on assumed distribution of action is necessary to establish harvest Tables 1 through 7 of this proposed stock biomass, and revised technical limits and associated management action satisfy these requirements. For methods used to calculate stock measures for groundfish during the 1999 1999, the proposed sum of TACs is biomass. In general, the development of fishing year and to accomplish the goals 1.925 million mt. Tables 8 through 10 ABCs and overfishing levels involves and objectives of the Fishery specify limitations for catcher/processor sophisticated statistical analyses of fish Management Plan for the Groundfish vessels listed in section 208(e)(1) populations and is based on a Fishery of the Bering Sea and Aleutian through (20) of the American Fisheries successive series of six levels, or tiers, Islands Area (FMP). The intended effect Act (AFA) contained within the of reliable information available to of this action is to conserve and manage Omnibus Appropriations Bill for FY 99; fishery scientists. the groundfish resources in the BSAI Pub. L. 105–277. Under § 679.20(c)(3), The Bering Sea Groundfish Plan Team and to provide an opportunity for public NMFS will publish the final annual (Plan Team) acknowledged that for participation in the annual groundfish specifications for 1999 after considering: purposes of the proposed 1999 specification process. (1) comments received within the Overfishing Levels and ABC amounts, DATES: Comments must be received by comment period (see DATES) and (2) the best information currently available January 25, 1999. consultations with the Council at its is set forth in the final SAFE report for ADDRESSES: Comments must be sent to December 9, 1998 meeting. the 1998 BSAI groundfish fisheries Sue Salveson, Assistant Regional Regulations at § 679.20(c)(2)(ii) dated November 1997. The Plan Team Administrator, Sustainable Fisheries require that one-fourth of each proposed further acknowledged that information Division, Alaska Region, NMFS, P.O. initial TAC (ITAC) amount and on the status of stocks will be updated Box 21668, Juneau, AK 99802–1668, apportionment thereof, one-fourth of with the 1998 survey results and Attn: Lori Gravel. each Community Development Quota reconsidered by the Plan Team at its The preliminary 1999 Stock (CDQ) reserve established under November 1998 meeting. The Plan Assessment and Fishery Evaluation § 679.20(b)(1)(iii), one-fourth of each Team’s preliminary recommendation (SAFE) report, dated September 1998, is proposed PSC allowance established was to rollover 1998 ABC, overfishing,