Thursday, December 13, 2007

Part VI

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Jollyville Plateau salamander (Eurycea tonkawae) as Endangered With Critical Habitat; Proposed Rule

VerDate Aug<31>2005 17:48 Dec 12, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\13DEP5.SGM 13DEP5 jlentini on PROD1PC65 with PROPOSALS5 71040 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Proposed Rules

DEPARTMENT OF THE INTERIOR Background February 13, 2007, we published a 90- Section 4(b)(3)(B) of the Act (16 day petition finding (72 FR 6699) in Fish and Wildlife Service U.S.C. 1531 et seq.) requires that, for which we concluded that the petition any petition to revise the Lists of presented substantial information 50 CFR Part 17 Endangered and Threatened Wildlife indicating that listing may be warranted. and Plants that contains substantial This notice constitutes the 12-month Endangered and Threatened Wildlife finding on the June 10, 2005, petition to and Plants; 12-Month Finding on a scientific and commercial information indicating that listing may be warranted, list the Jollyville Plateau salamander as Petition To List the Jollyville Plateau endangered. salamander (Eurycea tonkawae) as we make a finding within 12 months of Endangered With Critical Habitat the date of our receipt of the petition on Taxonomy and Species Description whether the petitioned action is: (a) Not The Jollyville Plateau salamander was AGENCY: Fish and Wildlife Service, warranted, (b) warranted, or (c) recently described as Eurycea tonkawae Interior. warranted, but the immediate proposal by Chippendale, et al. (2000, pp. 1–48), ACTION: Notice of 12-month petition of a regulation implementing the based on morphology and finding. petitioned action is precluded by other mitochondrial DNA tests. The Jollyville pending proposals to determine whether Plateau salamander is a neotenic (does SUMMARY: We, the U.S. Fish and any species is threatened or endangered. not transform into a terrestrial form) Wildlife Service (Service), announce a Such 12-month findings are to be member of the family Plethodontidae. 12-month finding on a petition to list published promptly in the Federal As neotenic salamanders, they retain the Jollyville Plateau salamander Register. Section 4(b)(3)(C) of the Act external gills and inhabit aquatic (Eurycea tonkawae) as endangered and requires that we treat a petition for habitats (springs, spring-runs, and wet to designate critical habitat under the which the requested action is found to caves) throughout their lives (City of Endangered Species Act of 1973, as be warranted but precluded as though Austin (COA) 2001, p. 3). Water for the amended (Act). After review of all resubmitted on the date of such finding, salamanders is provided by infiltration available scientific and commercial and we must make a subsequent finding of surface water through the soil into the information, we find that listing the within 12 months. aquifer which discharges from springs Jollyville Plateau salamander as Previous Federal Action as groundwater (Schram 1995, p. 91). threatened or endangered is warranted. Juvenile Jollyville Plateau salamanders Currently, however, listing of the On June 13, 2005, we received a are less than 1.5 inches (3.8 Jollyville Plateau salamander is petition, dated June 10, 2005, from Save centimeters); adults are typically 1.5 to precluded by higher priority actions to Our Springs Alliance (SOSA), 2 inches ( 3.8–5 centimeters) long (COA amend the Lists of Endangered and requesting that the Jollyville Plateau 2001a, p. 5). Those salamanders Threatened Wildlife and Plants. Upon salamander (Eurycea tonkawae) be occurring in spring habitat have large, publication of this 12-month petition listed as an endangered species in well-developed eyes; wide, yellowish finding, we will add Jollyville Plateau accordance with section 4 of the Act. heads; blunt, rounded snouts; dark salamander to our candidate species list. Action on this petition was precluded greenish-brown bodies; and bright We will develop a proposed rule to list by court orders and settlement yellowish-orange tails (Chippendale, et this species as our priorities allow. We agreements for other listing actions that al. 2000, pp. 33–34). Some cave forms will make any determination on critical required all of our listing funds for fiscal of Jollyville Plateau salamanders exhibit habitat during development of the year 2005 and a substantial portion of cave-associated morphologies, such as proposed listing rule. our listing funds for fiscal year 2006. On eye reduction, flattening of the head, DATES: We made the finding announced September 29, 2005, we received a 60- and dullness or loss of color in this document on December 13, 2007. day notice of intent to sue from SOSA (Chippendale, et al. 2000, p. 37). ADDRESSES: The supporting file for this for failing to make a timely 90-day Genetic analysis suggests that finding is available for public finding. On December 1, 2005, we sent Jollyville Plateau salamanders occurring inspection, by appointment, during a letter to SOSA informing them that we in caves may actually be separate normal business hours at the Austin would not likely make a petition finding species from the surface-dwelling forms, Ecological Services Office, U.S. Fish and during fiscal year 2006 due to higher but more study is needed to confirm Wildlife Service, 10711 Burnet Road, priority actions. this, because sample sizes from the Suite 200, Austin, TX 78758. The Subsequently, in fiscal year 2006, caves were small (Chippendale, et al. finding is available via the Internet at funding became available to act on the 2000, pp. 36–37). For the purposes of www.fws.gov/endangered/. Please petition. We began working on the 90- this finding, we are considering all of submit any new information, materials, day finding at that time. On August 10, the Jollyville Plateau salamanders comments, or questions concerning this 2006, SOSA filed a complaint against described in Chippendale, et al. (2000, finding to the above address or via the Service for failure to issue a 90-day pp. 32–37) as one species. petition finding under section 4 of the electronic mail (e-mail) at Distribution [email protected]. Act for the Jollyville Plateau salamander. In our December 11, 2006, The Jollyville Plateau salamander FOR FURTHER INFORMATION CONTACT: motion for summary judgment, we occurs in the Jollyville Plateau and Adam Zerrenner, Field Supervisor, informed the court that based on current Brushy Creek areas of the Edwards Austin Ecological Services Office (see funding and workload projections, we Plateau in Travis and Williamson ADDRESSES); by telephone at 512–490– believed that we could complete a 90- Counties, Texas (Chippendale, et al. 0057; or by facsimile at 512–490–0974. day finding by February 6, 2007, and if 2000, pp. 35–36; Bowles, et al. 2006, p. Persons who use a telecommunications we determined that the petition 112; Sweet 1982, p. 433). Upon device for the deaf (TDD) may call the provided substantial scientific or classification as a species, Jollyville Federal Information Relay Service commercial information, we could make Plateau salamanders were known from (FIRS) at 800–877–8339. a 12-month warranted or not warranted Brushy Creek and, within the Jollyville SUPPLEMENTARY INFORMATION: finding by December 1, 2007. On Plateau, from Bull Creek, Cypress Creek,

VerDate Aug<31>2005 17:48 Dec 12, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\13DEP5.SGM 13DEP5 jlentini on PROD1PC65 with PROPOSALS5 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Proposed Rules 71041

Long Hollow Creek, Shoal Creek, and within the subsurface habitat (COA in a substantial negative response by the Walnut Creek drainages (Chippendale, 2001a, pp. 65–66). species overall. In addition, State et al. 2000, p. 36). Since it was regulations and local ordinances Biology described, the Jollyville Plateau intended to protect water quality salamander has been documented Jollyville Plateau salamander breeding integrity are not currently adequate to within the Lake Creek watershed (COA events have not been observed. Eggs prevent habitat degradation in the 2006, p. 1). have also not been observed in or aquatic environments occupied by the Cave dwelling Jollyville Plateau around springs or in spring runs, salamander (Factor D). salamanders are known from 1 cave in indicating egg laying and early the Cypress Creek drainage and 12 caves development likely occurs in the Factor A. The Present or Threatened in the Buttercup Creek cave system in subsurface aquifer (COA 2001a, p. 4). Destruction, Modification, or the Brushy Creek drainage Bowles, et al. (2006, p. 114) observed Curtailment of the Species’ Habitat or (Chippendale, et al. 2000, p. 49; Russell gravid females (those with eggs visible Range 1993, p. 21; Service 1999, p. 6; HNTB through the abdominal wall) between 2005, p. 60). While the entrances to November and February and noted the Habitat modification, in the form of these caves are located within particular number of juvenile salamanders was degraded water quality, is the primary watersheds, the subsurface waters could higher from March to August. In an threat to the Jollyville Plateau move in a different direction from the effort to learn more about the salamander. The range of the surface waters. For example, dyes reproductive biology of Jollyville salamander is largely within the urban injected into three of the Buttercup Plateau salamander, the City of Austin environment of the Austin, Texas, Creek caves later surfaced at one spring collected salamanders from the wild to metropolitan area (Cole 1995, p. 28; (proving subsurface connection of these start a captive breeding program (COA COA 2006, pp. 45–50). Urban caves) to the south in the Long Hollow 2006, pp. 17–18). development upstream of salamander Creek drainage (Hauwert and Warton Eurycea species in Texas have been habitat provides sources of various 1997, pp. 11, 13), rather than to the east found to eat a variety of benthic pollutants from construction and where Brushy Creek flows. No further macroinvertebrates (insects in their maintenance of residential and subsurface flow studies have been larval stage that are found at the bottom commercial structures and associated completed in caves inhabited by of a body of water), such as amphipods roads and pipelines. These sources Jollyville Plateau salamanders. and chironomid larvae (midges) (COA contribute pollutants such as sediments, 2001a, pp. 5–6). These small fertilizers, pesticides, and petroleum Habitat invertebrates are also dependant on products into salamander habitat. The Jollyville Plateau salamander’s aquatic habitats for their survival (Price, During rainstorms, water runs off these spring-fed tributary habitat is typically et al. 1999, p. 2). urban areas, mobilizing and transporting characterized by a depth of less than 1 Summary of Factors Affecting the pollutants into the aquatic habitat of the foot (0.3 meters) of cool, well Species Jollyville Plateau salamander decreasing oxygenated water (COA 2001a, p. 128; water quality. Degraded water quality Bowles, et al. 2006, p. 118) supplied by Section 4 of the Act (16 U.S.C. 1533) has been linked to deformities in the underlying Edwards Aquifer (Cole, and the implementing regulations at 50 salamanders in some locations (COA et al. 1995, p. 33). Jollyville Plateau CFR 424 set forth procedures for adding 2006, p. 26) and declines in abundance salamanders are typically found near species to the Federal List of and lower densities of salamanders in springs or seep outflows, and are Endangered and Threatened Wildlife. In some locations with developed thought to require constant making this finding, we summarize watersheds, compared to areas that are temperatures (Sweet 1982, pp. 433–434; below information regarding the status undeveloped. Bowles, et al. 2006, p. 117). Salamander and threats to this species in relation to densities are higher in pools and riffles the five factors in section 4(a)(1) of the Water quality degradation in and in areas with rubble, cobble, or Act. In making our 12-month finding, salamander habitat has been cited as a boulder substrates rather than on solid we considered all scientific and substantial concern in several studies bedrock (COA 2001a, p. 128; Bowles, et commercial information in our files, (Chippendale, et al. 2000, p. 36; Bowles, al. 2006, pp. 114–116). including information received during et al. 2006, pp. 118–119; COA 2006, pp. Surface-dwelling Jollyville Plateau the comment period that ended April 45–50). The majority of the discussion salamanders also occur in subsurface 16, 2006 (72 FR 6699). under factor A will focus on evaluating habitat within the underground aquifer This status review found threats to the the nature and extent of decreased water (COA 2001a, p. 65; Bowles, et al. 2006, Jollyville Plateau salamander related to quality and its correlation to the level of p. 118). While no one has physically Factors A, C, and D. The primary threat urban development, the primary source observed these salamanders in the to the species is from habitat of this threat. Additionally, we will aquifer, there are observations that modification (Factor A) in the form of address the possible threat due to support this behavior. For example, City declining water quality due to the declining water quantity (loss of spring of Austin biologists have observed effects of current and future urban flows) in Jollyville Plateau salamander Jollyville Plateau salamanders at spring development. Other less significant habitat. Although lack of water quantity sites where the springs and associated threats to the species’ habitat include is a concern, there is not sufficient spring runs had previously ceased declining water quantity in groundwater information currently available to flowing, particularly during the 2006 aquifers that support spring flows, determine how significant the threat to drought, and the surrounding area dried direct habitat alterations from human the salamander from spring flow losses (COA 2006, pp. 5–6). Additionally, City disturbance, and habitat modification may be, other than this threat likely of Austin biologists have noted low from nonnative feral pig activity. Some exacerbates threats from degraded water counts for small juveniles followed by threats exist from predation by fish and quality. Other minor threats to habitat high counts for large (presumably older) infections of chytrid fungus on include direct alteration from human juveniles at several monitoring sites, salamander appendages (Factor C), but disturbance and activities by non-native indicating small juveniles spent time neither of these threats appears to result feral hogs (Sus scrofa).

VerDate Aug<31>2005 17:48 Dec 12, 2007 Jkt 214001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\13DEP5.SGM 13DEP5 jlentini on PROD1PC65 with PROPOSALS5 71042 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Proposed Rules

City of Austin Monitoring Data groundwater and surface water the areas that contribute storm water We relied heavily on data provided by interdependently. Surface water can runoff to salamander habitats, urban the City of Austin in this status review directly supply water to salamander development has included residential of the Jollyville Plateau salamander. The habitats during storm water runoff and and commercial structures, golf courses, City of Austin has been monitoring this also serves as the source for recharge to and the associated roads and utility species’ abundance at many locations groundwater aquifers that later pipelines (Cole 1995, p. 28; COA 2001a, since 1996. At the same time, the City discharge to the surface through springs. pp.10–12). As development increases (see Extent of Austin has been measuring various The northern segment of the Edwards of Development in the Foreseeable water quality and flow parameters Aquifer where these salamanders occur is not well-studied compared to other Future below) more opportunities exist within the salamander’s habitats. In parts of the Edwards Aquifer (TWDB for the chronic, long-term introduction June 2001, they published a (Texas Water Development Board) 2003, of non-point source pollutants into the comprehensive report of the initial p. 1) and, therefore, the recharge areas environments. For example, the ongoing results of their monitoring efforts and flow paths have not been application of pesticides and fertilizers between 1996 and 1999 (COA 2001a). thoroughly described. to lawns is a constant source of The City of Austin continued to collect Groundwater recharge in the Jollyville pollutants (Menzer and Nelson 1980, information on the Jollyville Plateau Plateau area is described as occurring pp. 663, 637–652). Petroleum products salamander and its habitat and primarily by filtration of water through are also inherent components of urban produced other interim reports. the surface soils (rather than through environments from automobile Following publication of our 90-day larger, more direct faults and fissures as operation and maintenance (Van Metre, finding for the salamander, the City of in other segments of the Edwards et al. 2000, p. 4069). During rain events, Austin completed a report that Aquifer) (Schram 1995, p. 91). This these chemical pollutants, which summarized monitoring efforts from recharge mechanism was predicted to accumulate in soils and on impervious 1996 through 2006 (COA 2006). result in urbanization impacts to water surfaces (such as roofs, parking lots, and We particularly focused on the results quality over long-term periods (as roads) during dry periods, are of the data collected by the City of opposed to short-term responses as in transported by water downstream into Austin on salamander abundance and other segments of the Edwards Aquifer), areas where salamanders occur. This water quality at long-term monitoring depending on the extent and type of process can occur either through direct sites. We found this dataset robust in development patterns that occur in the surface water runoff or through evaluating the abundance of area (Schram 1995, p. 91). Our analysis infiltration into groundwater that later salamanders based on visual counts at of threats to habitat focuses on the status discharges through springs (Schram nine locations representative of the of urban development and, therefore, 1995, p. 91). Elevated mobilization of salamander’s range. Overall, the dataset the potential sources for pollutants, in sediment (soils of sand, silt, or clay) also contained 357 independent counts of the surface watersheds that drain into occurs as a result of increased velocity salamanders between December 1996 stream segments where salamanders of water running off impervious surfaces and January 2007 (10 years). The results occur. The base flow issuing from in the urban environment (Schram 1995, show that 4 of the 9 sites had springs in these stream segments (that p. 88; Arnold and Gibbons 1996, pp. statistically significant declines in is, the portion of stream flow not 244–245). Increased rates of storm water salamander abundance over the last 10 directly resulting from storm water runoff causes erosion by scouring in years (COA 2006, p. 4). The average runoff) is supported by aquifer- headwater areas and sediment number of salamanders counted at these dependent spring flows. Groundwater in deposition in downstream channels 4 sites declined from 27 salamanders this area can move in directions (Booth 1991, pp. 93, 102–105; Schram counted during surveys from 1996 to independent of surface water flows 1995, p. 88). 1999 to an average of 4 salamanders (Hauwert and Warton 1997, pp. 11, 13). Acute short-term increases in counted during surveys from 2004 to Although specific aquifer sources and pollutants, particularly sediments, can 2007. The City reports that these recharge areas for the groundwater are occur during construction of new declines are related to degraded water not well documented, information development. When vegetation is quality from urban development in the available has shown that both removed and rain falls on unprotected contributing watersheds of the groundwater (based on analysis of water soils, large discharges of suspended monitoring sites (COA 2006, p. 48). from immediate spring discharge) (COA sediments result and can have Quantifying the nature and extent of the 2001a, pp. 54–56) and surface water immediate effects of increased impacts from urban development was a (based on observations of increased sedimentation in downstream drainage key part of this status review because it sedimentation) (COA 2006, pp. 37, 45– channels (Schueler 1987, p. 1.4; COA characterizes the extent and magnitude 47) are affected by urban development. 2003, p. 24). of the primary threats to Jollyville A number of point-sources of Urban Development as a Source of Plateau salamander. pollutants exist in the range of the Pollutants salamander and result in accidental Source of Water The range of the Jollyville Plateau discharges from utility structures such Jollyville Plateau salamanders are salamander is limited to northwest as storage tanks or pipelines dependent upon a constant supply of Travis County and southwest (particularly gas and sewer lines). clean water from the northern segment Williamson County, Texas, an area of Leaking underground storage tanks have of the Edwards Aquifer (COA 2001a, p. rapid human population growth. For been documented as a problem within 3). This segment of the Edwards Aquifer example, the population of the City of the salamander’s range (COA 2001a, p. extends from the Colorado River in Austin grew from 251,808 people in 16). Sewage spills from pipelines have Travis County north to the Lampasas 1970 to 656,562 people in 2000. By been documented in watersheds River in southern Bell County (TWD 2007, the population had grown to supporting the salamander (COA 2001a, 2003, p. 3). Water quality at springs that 735,088 people (COA 2007a, p. 1). This pp. 16, 21, 74). As an example, during provide habitat for Jollyville Plateau represents a 192 percent increase over this status review, a sewage line salamanders is influenced by both the 37-year period. Within the range of overflowed an estimated 50,000 gallons

VerDate Aug<31>2005 17:48 Dec 12, 2007 Jkt 214001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\13DEP5.SGM 13DEP5 jlentini on PROD1PC65 with PROPOSALS5 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Proposed Rules 71043

(190,000 liters) of raw sewage into the organic carbon content, sediments outside the preserve and the Stillhouse Hollow drainage area of Bull eroded from contaminated soil surfaces development in this area increased Creek (COA 2007b, pp. 1–3). The can concentrate and transport sedimentation downstream and location of the spill was a short distance contaminants (Mahler and Lynch 1999, impacted salamander habitats. downstream of currently known p. 1). Sediment can affect aquatic One practical measure of water salamander locations, and no organisms in a number of ways. quality in freshwater springs, such as salamanders were thought to be Sediments suspended in water can clog those where the Jollyville Plateau affected. gill structures, which impairs breathing salamanders occur, is conductivity. of aquatic organisms, and can reduce Conductivity is a measure of the Water Quality Degradation and their ability to avoid predators or locate electrical conductivity in water and is Jollyville Plateau Salamander food sources due to decreased visibility used to approximate salinity in Responses (Schueler 1987, p. 1.5). terrestrial and aquatic environments. As early as 1995, water quality Excessive deposition of sediment in Water salinity reflects the concentration deterioration, including increases in streams will physically reduce the of dissolved inorganic solids (that is, nutrient levels as a product of urban amount of available habitat and salts such as chlorides or sulfates) in development, was cited for the Bull protective cover for aquatic organisms, water that can affect the internal water Creek watershed, where half of the by filling in the interstitial spaces of the balance in aquatic organisms. As ion drainage areas with Jollyville Plateau larger substrates (such as gravel and concentrations such as chlorides, salamanders occur (Schram 1995, p. 87). rocks) surrounding the spring outlets sodium, sulfates, and nitrates rise, The pollutants considered most that offer protective cover and an conductivity will increase. These problematic in Jollyville Plateau abundant supply of well-oxygenated compounds are the chemical products, salamander habitats (discussed in more water for respiration. As an example, a or byproducts, of many common detail below) include sediments, ions California study found that densities of pollutants that originate from urban (such as chlorides and sulfates) and two salamander species were environments as fertilizers and dissolved solids (as measured by significantly lower in streams that pesticides (Menzer and Nelson 1980, p. conductivity), nutrients (particularly experienced a large infusion of sediment 633). nitrates and ammonia), and petroleum from road construction after a storm Conductivity measurements by the compounds (primarily polycylic event. The vulnerability of the City of Austin between 1997 and 2006 aromatic hydrocarbons). Other salamander species in this California found that conductivity measurements pollutants such as heavy metals are also study was attributed to their reliance on averaged between 550 and 650 µS/cm possible sources causing water quality interstitial spaces in the streambed (microsiemens per centimeter) at rural degradation from urban runoff, but have habitats (Welsh and Ollivier 1998, p. springs with low or no development and not been documented as elevated in the 1,128). The loss of interstitial spaces in averaged between 900 and 1000 µS/cm salamander’s habitat. stream substrates can be measured as at monitoring sites in watersheds with Amphibians, especially their eggs and the percent embeddedness. urban development (COA 2006, p. 37). larvae (which are usually restricted to a Embeddedness reflects the degree to These results indicate that developed small area within an aquatic which rocks (which provide cover for watersheds contribute to higher levels of environment), are sensitive to many salamanders) are surrounded or covered water pollution in habitats of the different aquatic pollutants (Harfenist, by fine sediment. Increased Jollyville Plateau salamander. et al. 1989, pp. 4–57). Contaminants sedimentation from urban development High conductivity has been associated found in aquatic pollutants may is a major water quality threat to the with declining salamander abundance. interfere with a salamander’s ability to Jollyville Plateau salamander because it For example, 3 of the 4 sites with develop, grow, or reproduce (Burton fills interstitial spaces and eliminates statistically significantly declining and Ingersoll 1994, pp. 120, 125). In resting places and also reduces habitat salamander abundance over the last 10 addition, macroinvertebrates, such as of its prey base (small aquatic years are cited as having high small freshwater crustaceans, that the invertebrates) (COA 2006, p. 34). conductivity readings (COA 2006, p. Jollyville Plateau salamander feeds on Excess sedimentation may have 37). Similar correlations were shown in are especially sensitive to water contributed to declines in Jollyville studies comparing developed and pollution (Phipps, et al. 1995, p. 282; Plateau salamander populations in the undeveloped sites from 1996 to 1998 Miller, et al. 2007, p. 74). Studies in the past. The City of Austin monitoring (Bowles, et al. 2006, pp. 117–118). This Bull Creek watershed found a loss of found that, as sediment deposition analysis found significantly lower some sensitive macroinvertebrate increased at several monitoring sites, numbers of salamanders and species, potentially due to nutrient salamander abundances significantly significantly higher measures of specific enrichment and sediment accumulation decreased (COA 2001a, pp. 101, 126). conductance at developed sites as (COA 2001b, p. 15). As an example, the City of Austin found compared to undeveloped sites (Bowles, Excess sedimentation is a form of that sediment deposition and et al. 2006, pp. 117–118). However, water pollution found in Jollyville embeddedness estimates have increased developed sites also had a higher Plateau salamander habitats (COA 2006, significantly along one of the long-term proportion of bedrock substrate, which p. 46). Sediments are mixtures of silt, monitoring sites as a result of recent is not used by salamanders and may sand, clay, and organic debris that are construction activities upstream (COA have also contributed to the results of washed into streams or aquifers during 2006, p. 34). This site has had lower salamanders in this study. Poor storm events either as deposited significant declines in salamander water quality, as measured by high sediment layers or suspended sediments abundance, based on 10 years of specific conductance and elevated (Ford and Williams 1989, p. 537; Mahler monitoring, and the City of Austin levels of ion concentrations, is cited as and Lynch 1999, p. 13). Sediment attributes this decline to the increases in one of the likely factors leading to the derived from soil erosion has been cited sedimentation (COA 2006, pp. 34–35). statistically significant declines in by Menzer and Nelson (1980, p. 632) as The location of this monitoring site is salamander abundance at City of Austin the greatest single source of pollution of within a large preserved tract. However, long-term monitoring sites (COA 2006, surface waters by volume. Due to high the headwaters of this drainage are p. 46).

VerDate Aug<31>2005 17:48 Dec 12, 2007 Jkt 214001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\13DEP5.SGM 13DEP5 jlentini on PROD1PC65 with PROPOSALS5 71044 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Proposed Rules

Excessive nutrient input to Jollyville Jollyville Plateau salamanders. The City 2003, p. 349). PAH exposure can cause Plateau salamander habitat is another of Austin has documented very high impaired reproduction, reduced growth form of pollution. Sources of nutrients levels of nitrates (averaging over 6 mg/ and development, and tumors or cancer (which are elements or compounds, L with some samples exceeding 10 mg/ in species of amphibians, reptiles, and such as phosphorus or nitrogen, that L) and high conductivity at two other organisms (Albers 2003, p. 354). fuel abnormally high organic growth in monitoring sites in the Stillhouse PAHs are also known to cause death, aquatic ecosystems) in water include Hollow drainage area (COA 2006, pp. reduced survival, altered physiological human and animal wastes, municipal 26, 37). For comparison, nitrate levels in function, inhibited reproduction, and sewage treatment systems, decaying undeveloped Edwards Aquifer springs changes in species populations and plant material, and fertilizers used on (watersheds without high levels of community composition of freshwater croplands (Garner and Mahler, p. 29). urbanization) are typically close to 1 invertebrates (Albers 2003, p. 352). Excessive nutrient levels typically cause mg/L (milligram per liter) (COA 2006, p. Limited sampling by the City of algal blooms that ultimately die back 26). Salamanders observed at the Austin has detected PAHs at and cause progressive decreases in Stillhouse Hollow monitoring sites have concentrations of concern at three sites dissolved oxygen concentration in the shown high incidences of deformities, in the range of the Jollyville Plateau water from decomposition (Schueler such as curved spines, missing eyes, salamander. Most notable, were the 1987, pp. 1.5–1.6). Increased nitrate missing limbs or digits, and eye injuries elevated levels of nine different PAH levels, which are often associated with (COA 2006, p. 26). The Stillhouse compounds at the Spicewood Springs fertilizer use, have been known to affect Hollow location was also cited as site in the Shoal Creek drainage area amphibians by altering feeding activity having the highest observation of dead (COA 2005, pp. 16–17). This is also one and by causing disequilibrium and salamanders (COA 2001a, p. 88). of the sites where salamanders have physical abnormalities (Marco, et al. Although no statistical correlations were shown a significant decline in 1999, p. 2837). Elevated nutrient levels, found between the number of abundance during the City of Austin particularly nitrogen in the forms of deformities and nitrate concentrations long-term monitoring studies (COA nitrates and ammonia, have been (COA 2006, p. 26), environmental toxins 2006, p. 47). documented by the City of Austin in are the suspected cause of salamander In summary, the best available both surface water (COA 2006, p. 37) deformities (COA 2006, p. 25). Nitrate information indicates that habitat and groundwater (COA 2001a, pp. 54– toxicity studies have indicated that destruction, in the form of water quality 56) at several salamander locations with salamanders and other amphibians are degradation, is occurring in the majority high levels of development. sensitive to these pollutants (Marco, et of the range of the Jollyville Plateau Water quality monitoring in streams al. 1999, p. 2837). salamander, as evidenced by elevated occupied by the Jollyville Plateau In an effort to reduce the high nitrate levels of sedimentation, ions, nutrients, salamander has shown that, overall, levels within the Stillhouse Hollow and PAHs documented in salamander streams with developed watersheds drainage, City of Austin staff have been habitats. The primary threat from water have statistically significant higher working with community residents quality stressors is, therefore, at a levels of pollutants compared with rural upstream of Stillhouse Hollow and significant level of exposure and is watersheds (COA 2001a, p. 59). The City Barrow Springs in efforts to improve imminent because detrimental effects of Austin defines rural sites as streams water quality at the spring (COA 2007c, are already being manifested. Probable draining watersheds with less than 10 p. 38). The goal of the conservation negative responses by Jollyville Plateau percent impervious cover (impervious program, which started in 2001, is to salamanders to habitat degradation from cover defined below in the Current educate more than 250 residents on water quality declines include Impervious Cover Analysis section); environmentally appropriate fertilizer mortalities and deformities of developed sites had impervious cover use. While the program has resulted in individual salamanders at several sites greater than 10 percent (COA 2001a, p. changes to fertilizer use in the targeted and significant declines in abundance at 12). Similar analysis of samples from community, there have been no changes four monitoring sites over the last 10 seven springs also found water quality in water quality detected to date as a years. In addition, sedimentation results measures of pollutants in groundwater result of these efforts (COA 2007c, p. in physical loss of available habitat and significantly higher in developed sites 40). changes macroinvertebrate compared to rural sites (COA 2001a, pp. Polycyclic aromatic hydrocarbons communities, which are the prey (food 54–56). Developed tributary streams (PAHs) are another form of aquatic sources) for the salamander. These also experienced significantly lower pollution that may be affecting Jollyville habitat modifications are most likely the mean adult and juvenile Jollyville Plateau salamanders, their habitat, or result of urban development in the Plateau salamander abundances per their prey. PAHs can originate from drainage areas where salamanders square meter of wetted surface when petroleum products, such as oil or occur. Overall, the information available compared to undeveloped tributary grease, or from atmospheric deposition provides compelling evidence that streams (COA 2001a, p. 99). from the byproducts of combustion (for urban development has led to decreases An assessment of water quality trends example, vehicular combustion). These in water quality caused by higher levels also found that measures of sodium had pollutants are widespread and can of aquatic pollutants and increased significant increases between 1997 and contaminate water supplies through sedimentation in habitats of Jollyville 2006 at one site and significant sewage effluents, urban and highway Plateau salamanders. Such habitat increases in conductivity measurements runoff, and chronic leakage or acute destruction or modification (in the form at three other sites (COA 2006, p. 29). spills of petroleum and petroleum of decreased water quality) has shown The drainage areas to each of these sites products (Van Metre, et al. 2000, p. to significantly lower salamander have high levels of urban development 4067, Albers 2003, p. 345). Petroleum abundance. (COA 2001a, pp. 29–33; COA 2006, pp. and petroleum byproducts can 3, 46). adversely affect living organisms by Extent of Existing and Future Poor water quality, particularly causing direct toxic action, altering Development elevated nitrates, may also be a cause of water chemistry, reducing light, and We used two quantitative measures to morphological deformities in individual decreasing food availability (Albers assess the extent of urban development

VerDate Aug<31>2005 17:48 Dec 12, 2007 Jkt 214001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\13DEP5.SGM 13DEP5 jlentini on PROD1PC65 with PROPOSALS5 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Proposed Rules 71045

within areas draining to stream Current Impervious Cover Analysis. (between 16 and 34 percent impervious segments where Jollyville Plateau We evaluated the current (2006 and cover), or very high (35 percent salamanders are known to occur. This 2007) levels of impervious cover in the impervious cover or greater) to assess analysis provided a tool for assessing areas that drain to salamander locations, the intensity of development. Five of the the scope (geographic extent), which include undeveloped tracts and areas had overall low levels of immediacy (potential future effects), open spaces in the calculation. Once impervious cover (less than six percent). and the intensity (strength of stressor) of natural vegetation in a watershed is Eight areas had moderate levels of the habitat stressors that originate from replaced with impervious cover, rainfall impervious cover (6 to 15 percent). Five urban development (the source of water is converted to surface runoff instead of areas had high levels of impervious quality threats). For this status review, filtering through the ground (Schueler cover (16 to 34 percent). Two drainage we assumed that, as the amount of 1991, p. 114). Citing a number of other areas had very high levels of impervious urban development increases, as studies, Bowles, et al. (2006, p. 111) cover (35 percent or greater). We expect quantified by these two measurements, state that impervious cover in the levels of impervious cover to the extent (that is the scope, immediacy, watersheds elevates the frequency and increase as undeveloped areas are and intensity) of the source of water intensity of storm flows (water draining developed in the future (discussed in quality threats also increases. watersheds immediately following rain more detail below in the Extent of The first measure is the estimated events) and reduces baseflow (flows Development in the Foreseeable Future percent of impervious cover and the from spring flows not directly section). In summary, based on the best second is the overall percent of land influenced by rain events) in receiving available information we found that 15 area that is currently developed, streams, increases erosion and down of the 20 drainage areas evaluated have undeveloped, or open space (these cutting (lowering the elevation of stream levels of impervious cover (greater than terms are defined below). Impervious channels by moving substrates 5 percent) that may be detrimental to cover is any surface material, such as downstream), and contributes nutrient salamander habitats. Therefore, the roads, rooftops, sidewalks, patios, paved and toxic pollutant loads. Also, Jollyville Plateau salamander has a surfaces, or compacted soil, that Schueler (1994, p. 104) found that sites significant level of exposure to threats prevents water from filtering into the receiving runoff from high impervious from water quality degradation soil (Arnold and Gibbons 1996, p. 244). cover drainage areas had sensitive originating in urban development Developed areas are land tracts that aquatic macroinvertebrate species because a majority of populations are have structures already built on the replaced by species more tolerant of potentially affected. Current Land Use Analysis. We also property including, for example, tracts pollution and hydrologic stress (high evaluated the extent of the potential with land use designations of rate of changes in discharges over short pollution sources from urban areas residential, commercial, industrial, civic periods of time). Various levels of impervious cover affecting Jollyville Plateau salamander (public), utilities, and roads. within watersheds have been cited as habitat by quantifying the land use Undeveloped tracts were those that have having detrimental effects to water designation in all upstream areas that not been dedicated as open space, and quality within streams. The threshold of drain to stream segments where have not yet had any construction on measurable degradation of stream salamanders have been documented to the land. Open space includes lands set habitat and loss of biotic integrity occur. Overall, we found that the 20 aside for either low-use recreation (some consistently occurs with 6 to 15 percent drainage areas upstream of salamander recreational parks are included) or as impervious cover in contributing locations encompass 15,485 ac (6,267 wildlife preserves. watersheds (Bowles, et al. 2006, p. 111; ha), ranging in size from 44 to 2,063 ac To calculate impervious cover and Miller, et al. 2007, p. 74). A review of (18 to 835 ha). Of the overall total, 8,464 land use, the City of Austin delineated relevant literature by Schueler (1994, p. ac (3,425 ha) (55 percent) are already the surface drainage area flowing into 20 100–102) indicates that stream developed, 2,432 ac (984 ha) (16 distinct stream segments with all degradation occurs at impervious cover percent) are currently undeveloped, and currently known salamander localities. of 10 to 20 percent, a sharp drop in 4,586 ac (1,856 ha) are dedicated as Then, for each of these drainage areas, habitat quality is found at 10 to 15 open space (30 percent). they calculated the percent of percent impervious cover, and A substantial portion of the land area impervious cover using the area of the watersheds above 15 percent are categorized as open space is protected building and transportation footprints. consistently classified as poor, relative as part of the Balcones Canyonlands For the land use calculations, they to biological condition. Schueler (1994, Preserve (BCP). The BCP is managed as determined which parcels fell into each p. 102) also concluded that even when mitigation lands by the City of Austin, of 15 categories (Single-Family water quality protection practices are Travis County, or others under the Residential, Mobile Home, Large-Lot widely applied, 35 to 60 percent authority of an Endangered Species Act Single-Family Residential, Multi-Family impervious cover exceeds a threshold Section 10(a)(1)(B) permit and Habitat Residential, Commercial, Office, beyond which we cannot maintain Conservation Plan for the protection of Industrial, Civic, Open Space, Golf predevelopment water quality. endangered birds and karst Course, Transportation, Streets and The 20 drainage areas within the invertebrates. Of the 4,586 acres (ac) Roads, Utilities, Undeveloped, and range of the Jollyville Plateau (1,856 hectares (ha)) in the drainage Water) based upon land usages. We salamander have impervious cover areas designated as open space, an summarized these data by calculating estimates ranging from 0 percent to 45 estimated 3,999 ac (1,618 ha) (87 the total area of the parcels designated percent. For the purposes of our percent) is within areas managed under as ‘‘undeveloped’’ and ‘‘open space’’ analysis, we categorized each of the 20 the BCP. Although the permit that and adding all the other categories drainage areas (based on overall created the BCP did not include the together, with the exception of ‘‘water’’, drainage areas, which incorporate Jollyville Plateau salamander, the BCP to create our ‘‘developed’’ category. undeveloped tracts and open spaces) as land management strategies provide ‘‘Water’’ was only found in one polygon either low (less than 6 percent strong protections for salamander in the Walnut Creek watershed and was impervious cover), moderate (between 6 habitats on lands within the preserve. not added to any land use category. and 15 percent impervious cover), high Water quality in salamander sites

VerDate Aug<31>2005 17:48 Dec 12, 2007 Jkt 214001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\13DEP5.SGM 13DEP5 jlentini on PROD1PC65 with PROPOSALS5 71046 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Proposed Rules

located within the BCP, however, is the Current Land Use Analysis section). the Buttercup Creek and Cluck Creek influenced by land use practices However, this site has substantial drainage areas in the City of Cedar Park upstream and outside the BCP development (461 ac, 187 ha) within the as part of the 20 drainage areas. Instead, preserves. For example, important headwaters of the drainage area to this we analyzed these drainage areas headwater areas in Tributaries 5 and 6 monitoring site, and excessive separately because all of the salamander of Bull Creek (where significant declines sedimentation has been observed here locations in the Buttercup Creek and in salamander abundance have been (discussed in more detail above in the Cluck Creek drainage areas are within found) have affected habitats City of Austin Monitoring Data section). caves (and are the cave form of the downstream (COA 2006, p. 45). Since 1997, this site also has seen species, as described above in the One of the drainage areas that have increases in recent development as the Background section). We do not have been severely impacted by older urban reported estimated impervious cover specific information on the extent to development (in place more than 20 has increased from between 5 and 11 which surface drainage areas contribute years) is the Walnut Creek drainage. In percent (COA 2001a, p. 33) to a current waters to these salamander cave this drainage area, 88 percent of the estimate of 13 percent. locations; subsurface water within the watershed is developed and 7 percent is One of the nine long-term monitoring caves is likely originating from other open space. Overall, it has a very high sites (Wheless site in Long Hollow surface drainage basins. The Buttercup level of impervious cover (36 percent). drainage area) had increasing Only one small spring pool has been salamander abundance over the 10 years Creek drainage area (where caves occur found in the past to have salamanders of study. The drainage area for this site that contain salamanders) encompasses within this drainage area and the has no development and 97 percent of 689 ac (279 ha) and has 10 percent location is within a small recreational the area is within protected lands of the impervious cover and is 37 percent park. Despite several recent survey BCP, including the headwaters. These developed, 18 percent undeveloped, efforts, salamanders have not been results provide correlated evidence that and 45 percent open space. The Cluck observed there since 2005, and the poor water quality resulting from the Creek drainage area (also where caves species may be extirpated from this high levels of urban development result occur that contain salamanders) drainage area (COA 2006, p. 47). This in a decline in abundance of the encompasses 248 ac (100 ha) and has 16 site is likely an example of the Jollyville Plateau salamander at specific percent impervious cover and is 53 extirpation of a Jollyville Plateau locations. Therefore, as the intensity of percent developed, 27 percent salamander population as a result of the the source of threats to habitat (how undeveloped, and 20 percent open long-term impacts of a highly urbanized water quality resulting from urban space. The urban development in the watershed. development) increases, a negative drainage areas around these cave Development in Drainage Areas at response by the salamander at the locations is at moderate to high levels Monitoring Sites. We also did these population is apparent. and, depending on hydrogeology of analyses specifically for the nine long- We also compared the mean number subsurface flows, could be affecting term monitoring sites. For some sites, of salamanders counted during recent water quality in the aquatic habitats in this required evaluating a subset of the monitoring surveys (between 2004 and the caves. drainage area of the stream segment so 2006) at the long-term monitoring sites We also separately evaluated one as to include only areas that are (unpublished data provided by the City Jollyville Plateau salamander location upstream of the monitoring site. We of Austin) with the current level of along Brushy Creek located found that the drainage areas of the development within the drainage areas approximately 1.5 miles (2.4 kilometers) long-term monitoring sites with (percent developed). Although the east of Interstate Highway 35. This declining salamander abundance had sample efforts among sites were not location is approximately 5 miles (8 high rates of impervious cover. Of the standardized, the comparison showed a kilometers) northeast of the nearest four long-term monitoring sites where trend that, as the percent of other known salamander location. We the City of Austin documented declines development increased in drainage in salamander abundance (discussed in areas, the mean number of Jollyville are not aware of any surveys for more detail above in the City of Austin Plateau salamanders counted decreased. salamanders for most of the Brushy Monitoring Data section), one site was This correlation indicates that as Creek drainage (which encompasses in a watershed with very high levels of development levels increase, the actual over 38,000 ac (15,000 ha)) and impervious cover, two sites were in abundance of salamanders decreases. additional locations could be discovered watersheds with high levels of Urban development results in low water with future surveys (Hillis 2007, p. 1). impervious cover, and one site was in quality and increased sedimentation, Salamanders from the one site along a watershed with moderate levels of which negatively impacts salamander Brushy Creek mainstem were included impervious cover. Of these four sites, abundance. This again supports the in the taxonomic study describing the the drainage areas were 97 percent, 83 conclusion that the intensity of urban species. Genetic studies confirmed that percent, 80 percent, and 46 percent development is inversely related to the salamanders from this location were developed. Three of these sites each had population response of the Jollyville Jollyville Plateau salamanders 12 percent or less of their drainage areas Plateau salamander. A similar (Chippendale, et al. 2000, p. 49). This in open space. These data support the correlation was documented for a known salamander habitat is isolated at general conclusion that sites with species of Eurycea salamander in North one spring site on private property near declining salamander abundances have Carolina. As impervious cover increased an existing office complex highly developed watersheds. in drainage areas, salamander (Chippendale, et al. 2000, p. 36). The One exception is the monitoring site abundances in streams significantly location appears to be about 200 feet (61 at Tributary 5 of the Bull Creek decreased (Miller, et al. 2007, p. 79). meters) from the Brushy Creek channel Watershed, which has declining Treatment of Cave Locations and at a spring outflow along a steep bank abundance, but only moderate levels of Brushy Creek. For the impervious cover (Hillis 2007, p.1). We do not know if the impervious cover and only 46 percent of and land use analysis described above, salamander occurs in other parts of the drainage area developed. Tributary 5 we did not include the caves occupied Brushy Creek itself, and, therefore, we is within the BCP (described above in by Jollyville Plateau salamanders from do not know if the species would be

VerDate Aug<31>2005 17:48 Dec 12, 2007 Jkt 214001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\13DEP5.SGM 13DEP5 jlentini on PROD1PC65 with PROPOSALS5 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Proposed Rules 71047

affected by upstream development in 2025 (the year nearest 20 years out from shown to cause negative responses by the Brushy Creek watershed. present for which population data are salamanders. We treated the Brushy Creek drainage available), the population projections Water Quantity and Spring Flow area separately because of the for the same two areas are 1,041,401 and Declines uncertainties of the status of the 2,603,682, respectively (COA 2007a, p. salamander in this drainage area, and 1). Between 2007 and 2025, these The northern segment of the Edwards because the size of the drainage is more forecasts represent a 44 percent increase Aquifer is the primary supply of water than twice that of all the other areas in the City of Austin and a 73 percent for Jollyville Plateau salamander habitat combined and would inaccurately skew increase in the human population in the (Cole 1995, p. 33). In general, the aquifer the results. The Brushy Creek drainage Austin MSA. The area in northwest has been described as localized, small, area had an estimated impervious cover Austin where salamander habitat occurs and highly susceptible to pollution, of 15 percent. Current land use analysis has limited lands on which to build drying, or draining (Chippendale, et al. showed the Brushy Creek drainage area additional structures to accommodate 2000, p. 36). The portion of the Edwards has 46 percent developed, 48 percent expected growth. Therefore, based on Aquifer underlying the Jollyville Plateau undeveloped, and 6 percent open space. high expected growth and limited areas is relatively shallow, with a high This drainage area is currently to build, we assume for the purposes of elevation, thus being likely to not moderately impacted by development this status review that the remaining sustain spring flows during periods of and, with such a small area of open undeveloped lands in drainage areas of drought (Cole 1995, pp. 26–27). space and large undeveloped area, it is salamander habitat that are not located Increased urbanization in the watershed likely to be more heavily impacted by within open space preserves are likely has been cited as one factor, in urban development in the foreseeable to be developed within the next 20 combination with drought, causing future. years. declines in spring flows (COA 2006, pp. Conclusion on Existing and Future Using this assumption, we combined 46–47). This could occur because of the Development. Based on our assessments the developed and undeveloped inability of the watershed to allow slow of impervious cover and current land categories of land use and calculated the filtration of water through soils use, the level of development in a total amount of development (current following rain events. Instead rainfall drainage area (the primary source of runs off impervious surfaces and into water quality degradation and and future) in each area draining into the 20 stream segments with stream channels at higher rates, sedimentation loading) can be increasing downstream flows and indicative of the abundance and trend of salamanders. To characterize the scope of development within each area, we decreasing groundwater recharge Jollyville Plateau salamander (Miller, et al. 2007, p. 74). populations within the receiving grouped the drainages into four levels of streams downstream. The scope of the development (both current and future): We found no specific evidence that threat to water quality from 0 to 25 percent, 26 to 50 percent, 51 to aquifer declines or spring flow losses urbanization (based on the geographic 75 percent, and greater than 76 percent have occurred as a result of urbanization extent) is considered moderate because developed. This provided us with an or the direct use of aquifer water by it occurs in multiple watersheds. The estimate of the maximum level of future pumping (TWDB 2003, p. 32). strength and the exposure of the threat development that can be expected. We Predictions of future groundwater use in source are considered moderate to high found that 11 of the 20 drainage areas this area suggest a large drop in because a majority of the drainage areas are likely to have greater than 76 pumping as municipalities convert from are already impacted by urban percent of their land area developed. groundwater to surface water supplies development. We also used this There are likely to be three drainage (TWDB 2003, p. 65). However, field information and relationship of land use areas with 51 to 75 percent developed, studies have shown that a number of data to predict the future extent of the four drainage areas with 26 to 50 springs that support Jollyville Plateau threats to salamander habitat from urban percent developed, and two drainage salamanders have already gone dry development. areas with 0 to 25 percent developed. periodically and that spring waters Because the majority of drainage areas resurface following rain events (COA Extent of Development in the are likely to be over 75 percent 2006, p. 46–47). Foreseeable Future developed, these results support the Although water quantity decreases The amount of developed land within conclusion that threats to Jollyville and spring flow declines are cited as a the areas draining to salamander habitat Plateau salamander habitats from threat to the Jollyville Plateau is expected to increase in the urbanization are likely to increase in the salamander (Bowles, et al. 2006, p. 111), foreseeable future, which as we explain foreseeable future. we did not find evidence that salamander habitats and populations are below, we consider to be 20 years. We Conclusion on Habitat Threats From being substantially affected by lack of expect the majority of currently Water Quality Degradation undeveloped areas that are not sufficient water quantity. Jollyville preserved as open space (total of 2,432 Based on these results, we conclude Plateau salamanders apparently spend ac (984 ha)) to be developed as that the level of impervious cover and some part of their life history in residential or commercial structures overall land use are reasonable underground aquatic habitats and have within the next 20 years. This indicators of the intensity and exposure the ability to retreat underground when expectation is based on the rapid human of water quality threats to salamander surface flows decline. For example, one population projections for the Austin habitat. The intensity (strength of of the City of Austin monitoring sites metropolitan area. For example, the stressor) of the threat and level of where the salamanders are most 2007 population estimates for the City exposure are considered high because a abundant undergoes periods where of Austin and the Austin MSA majority of the drainage areas with there is no surface water for habitat by (metropolitan statistical area, which salamanders currently have levels of the salamander (COA 2006, p. 47). includes Bastrop, Caldwell, Hays, urban development (based on Drying spring habitats can result in Travis, and Williamson Counties) are impervious cover rates and proportion stranding salamanders, resulting in 724,111 and 1,501,522, respectively. By of developed lands) that have been death of individuals (COA 2006, p. 16).

VerDate Aug<31>2005 17:48 Dec 12, 2007 Jkt 214001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\13DEP5.SGM 13DEP5 jlentini on PROD1PC65 with PROPOSALS5 71048 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Proposed Rules

In summary, the intensity and changes in the composition of its existence of the salamanders now or in exposure of water quality threats posed macroinvertebrate prey base, death and the foreseeable future. by potential declining aquifer levels and deformities of individual salamanders, Factor D. Inadequacy of Existing loss of spring flow to the Jollyville and the overall decline in abundance of Regulatory Mechanisms Plateau salamander appear to be the salamanders over time in areas with relatively low. This is because the urban watersheds. The Jollyville Plateau salamander is aquifer is not currently used to a large not listed on the Texas State List of Factor B. Overutilization for extent as a water source for human use, Threatened or Endangered Species Commercial, Recreational, Scientific, or and it is unlikely that it will be in the (TPWD 2006, pp. 2–3). Therefore it is Educational Purposes future. Also, we do not have substantial receiving no direct protection from the evidence that declining water quality is We are not aware of any information State. resulting in a negative response by the regarding overutilization of Jollyville Under authority of the Texas salamander. However, continued future Plateau salamanders for commercial, Administrative Code (Title 30, Chapter development, which increases runoff recreational, scientific, or educational 213), the Texas Commission on and decreases aquifer recharge, and the purposes and do not consider this a Environmental Quality (TCEQ) regulates potential use of water from the northern significant factor affecting this species activities having the potential for segment of the Edwards Aquifer may (i.e., a threat) now or in the foreseeable polluting the Edwards Aquifer and cause significant threats to the species’ future. hydrologically connected surface existence in the future. Factor C. Disease or Predation streams. However, less than half of the Minor Habitat Threats known Jollyville Plateau salamander City of Austin biologists found locations occur within those portions of Frequent human visitation associated Jollyville Plateau salamander the Edwards Aquifer regulated by with some habitat of the Jollyville abundances were negatively correlated TCEQ; therefore, many do not benefit Plateau salamander may negatively with the abundance of predatory from these protections (TCEQ 2001, p. affect the species and its habitat. centrarchid fish (carnivorous freshwater 1). For those Jollyville salamander Documentation from the City of Austin fish belonging to the sunfish family), locations that are covered by the TCEQ of disturbed vegetation, vandalism, and such as black bass (Micropterus spp.) or regulations, the regulations do not the destruction of travertine deposits sunfish (Lepomis spp.) (COA 2001a, p. address land use, impervious cover (fragile rock formations formed by 102). Predation of a Jollyville Plateau deposit of calcium carbonate on stream limitations, non-point source pollution, salamander by a centrarchid fish was bottoms) by foot traffic has been or application of fertilizers and observed during a May 2006, field documented at one of their salamander pesticides over the recharge zone (30 survey (COA 2006, p. 38). However, monitoring sites in the Bull Creek TAC 213.3). We are unaware of any Bowles, et al. (2006, pp. 117–118) rarely watershed (COA 2001a, p. 21) and may water quality ordinances more observed these predators in Jollyville result in direct destruction of small restrictive than TCEQ in Williamson Plateau salamander habitat. Jollyville amounts of the salamander’s habitat. County or in Travis County outside the Plateau salamanders have been observed This threat is of low magnitude because City of Austin. retreating into gravel substrate after the negative impacts occur infrequently The City of Austin’s water quality cover was moved suggesting these and at limited locations. ordinances (City of Austin Code, Title Feral hogs have become abundant in salamanders display anti-predation 25, Chapter 8) provide some water some areas where the Jollyville Plateau behavior (Bowles, et al. 2006, p.117). quality regulatory protection to the salamander occurs. Feral hogs can We have no data to indicate whether salamander’s habitat within Travis negatively impact salamander habitat by predation of the Jollyville Plateau County; however, based on water physically wallowing in spring heads salamander may increase in the future quality monitoring, they are not and destroying interstitial spaces and or is considered a significant factor effective at reducing nutrient levels (see increasing sedimentation downstream affecting the species and therefore a discussion in Factor A). In addition, (COA 2006, p. 34). The City of Austin threat. Title 7, Chapter 245 of the Texas Local has addressed this threat in some areas Chytridiomycosis (Chytrid fungus) is Government Code permits by constructing enclosure fences around a fungal disease that is responsible for ‘‘grandfathering’’ of State regulations. known salamander locations (COA killing amphibians world wide (Daszak, Grandfathering allows developments to 2006, p. 46). Feral hogs are a low et al. 2000, p. 445). The chytrid fungus be exempted from new requirements for magnitude threat (low intensity and has been documented on the feet of water quality controls and impervious localized scope) to the salamander. Jollyville Plateau salamanders (COA cover limits if the developments were 2006, pp. 22–23). However, for planned prior to the implementation of Conclusion on Threats to Habitat unknown reasons, the salamanders are such regulations. However, these The Jollyville Plateau salamander is not displaying signs of infection (COA developments are still obligated to threatened due to modification of the 2006, p. 23); individuals held in comply with regulations that were species’ habitat (Factor A), both captivity tested positive for seven applicable at the time when project presently and into the foreseeable months, but never displayed symptoms applications for development were first future. The presence of significant urban (COA 2006, p. 23). We have no data to filed (Title 7, Chapter 245 of the Texas development in a majority of indicate whether impacts from this Local Government Code p. 1). watersheds draining water to disease may increase or decrease in the Unpublished data provided by City of salamander locations has resulted in the future, and therefore, whether it is a Austin indicates that up to 26 percent deterioration of the water quality in significant factor affecting the species of undeveloped areas within watersheds salamander habitats characterized by an (i.e., a threat). draining to Jollyville Plateau increase in sedimentation and pollutant While predation and disease may be salamander habitat may be exempted loading. This water quality decline has affecting Jollyville Plateau salamanders, from current water quality control resulted in the physical loss of neither factor is at a level that we requirements due to ‘‘grandfathering’’ salamander habitat from sedimentation, consider to be threatening the continued legislation.

VerDate Aug<31>2005 17:48 Dec 12, 2007 Jkt 214001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\13DEP5.SGM 13DEP5 jlentini on PROD1PC65 with PROPOSALS5 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Proposed Rules 71049

The BCP offers some water quality salamander experts. On the basis of this State (TCEQ) and local (City of Austin benefits to the Jollyville Plateau review, we find that the listing of the and BCP) regulations have not been salamander in portions of the Bull Jollyville Plateau salamander is adequate to prevent or minimize Creek, Brushy Creek, Cypress Creek, and warranted, due to threats associated impacts to salamanders (Factor D). This Long Hollow Creek drainages through with habitat modification from urban is evidenced by data gathered at preservation of open space (Service development causing water quality monitoring sites in developing drainage 1996a, pp. 2–28, 2–29). However, eight degradation, and the inadequacy of areas with the species. of the nine City of Austin monitoring existing regulatory mechanisms. Since this finding is warranted but sites occupied by the Jollyville Plateau However, listing of the Jollyville Plateau precluded, we do not need to salamander within the BCP are being salamander is precluded at this time by specifically determine whether it is affected or have been affected by water pending proposals for other species appropriate to perform a ‘‘significant quality degradation occurring upstream with higher listing priorities and portion of the range’’ analysis for this and outside of the preserved tracts (see actions. species. However, due to the restricted Factor A for discussion) (COA 2006, p. The threats to the Jollyville Plateau nature of the Jollyville Plateau 29, 34, 37, 49; COA 1999, pp. 6–11; salamander support a finding that the salamander’s range, we generally Travis County 2007, p. 4). Additionally, species warrants listing as threatened or consider all of the remaining range to be Jollyville Plateau salamanders are not a endangered throughout its range. The significant for the conservation of this covered species under the section primary factor leading to our finding are species. Because of a small and 10(a)(1)(B) permit under which the threats described above under Factor A. restricted population distribution, and preserves were established (Service The source of the habitat threats are because of threats described above, the 1996b, pp. 1–10). Therefore, they from substantial levels of urban Jollyville Plateau salamander warrants receive no specific protections under development that has occurred on a listing as threatened or endangered the BCP permit, such as mitigation to majority of watersheds draining to throughout its entire range. We will offset impacts from development. salamander habitats. For example 55 make a determination on the status of Data indicate that water quality percent of the land draining to the species as threatened or endangered, degradation in streams occupied by salamander habitat is already during the proposed listing rule process. Jollyville Plateau salamanders continues developed. This urbanization produces Preclusion and Expeditious Progress to occur despite the existence of current pollutants that have caused regulatory mechanisms in place to demonstrable declines in the water Preclusion is a function of the listing protect water quality (COA 2006, p. 29). quality where salamanders live. The priority of a species in relation to the Therefore, we consider the inadequacy immediacy of the threats is high because resources that are available and of existing regulatory mechanisms to be impervious cover and developed areas competing demands for those resources. a threat to the Jollyville Plateau are chronic sources for water quality Thus, in any given fiscal year (FY), salamander now and in the foreseeable degradation that are currently occurring multiple factors dictate whether it will future. and are likely to increase with future be possible to undertake work on a urban development in the salamander’s proposed listing regulation or whether Factor E. Other Natural or Manmade range. The threat intensity (that is the promulgation of such a proposal is Factors Affecting the Species’ Continued strength of the water quality degradation warranted but precluded by higher- Existence stressor) is moderate because actual priority listing actions. We are not aware of any information measures of significant water quality The resources available for listing regarding other natural or manmade problems are in limited portions of the actions are determined through the factors affecting the Jollyville Plateau salamander’s range. The level of annual Congressional appropriations salamanders’ continued existence. exposure of the threat is found to be process. The appropriation for the Therefore, we have determined that high, based on urbanization in a Listing Program is available to support there are no other natural or manmade majority of the species’ range. These work involving the following listing factors significantly affecting this water quality impacts alter physical actions: Proposed and final listing rules; species now or in the foreseeable future aquatic habitats and the food sources of 90-day and 12-month findings on that constitutes a threat to the Jollyville the salamander, producing negative petitions to add species to the Lists of Plateau salamander. population responses. Negative Endangered and Threatened Wildlife and Plants or to change the status of a Finding responses by the salamander have been documented at both the individual level species from threatened to endangered; We have carefully assessed the best (mortalities and deformities) and the annual determinations on prior scientific and commercial information population level (significant declines in ‘‘warranted but precluded’’ petition available regarding the past, present, abundance over the last 10 years). We findings as required under section and future threats faced by this species. find the overall negative response by the 4(b)(3)(C)(i) of the Act; proposed and We reviewed the petition, available salamander to be at a moderate level final rules designating critical habitat; published and unpublished scientific because deformities and deaths of and litigation-related, administrative, and commercial information, and salamanders have been limited in scope and program management functions information submitted to us during the to a few localities and only one location (including preparing and allocating public comment period following the may have experienced an extirpation. budgets, responding to Congressional publication of our 90-day petition Otherwise, the current range of the and public inquiries, and conducting finding. This 12-month finding reflects salamander changed little from the public outreach regarding listing and and incorporates information we known historic range. On balance of critical habitat). The work involved in received during the public comment these facts, we find the overall level of preparing various listing documents can period, or obtained through threat from habitat modifications to be be extensive and may include, but is not consultation, literature research, and moderate. limited to: Gathering and assessing the field visits, and responds to significant The other factor we found to be best scientific and commercial data issues identified. We also consulted contributing to the warranted status of available and conducting analyses used with recognized Jollyville Plateau the Jollyville Plateau salamander is that as the basis for our decisions; writing

VerDate Aug<31>2005 17:48 Dec 12, 2007 Jkt 214001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\13DEP5.SGM 13DEP5 jlentini on PROD1PC65 with PROPOSALS5 71050 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Proposed Rules

and publishing documents; and Congress and the courts have in effect on completing our allocation at this obtaining, reviewing, and evaluating determined the amount of money time. More funds are anticipated to be public comments and peer review available for other listing activities. available in FY 2008 than in previous comments on proposed rules and Therefore, the funds in the listing cap, years to work on listing actions that are incorporating relevant information into other than those needed to address not the subject of court orders or court- final rules. The number of listing court-mandated critical habitat for approved settlement agreements. actions that we can undertake in a given already listed species, set the limits on Our decision that a proposed rule to year also is influenced by the our determinations of preclusion and list the Jollyville Plateau salamander is complexity of those listing actions; that expeditious progress. warranted but precluded includes is, more complex actions generally are Congress also recognized that the consideration of its listing priority. In more costly. For example, during the availability of resources was the key accordance with guidance we published past several years, the cost (excluding element in deciding whether, when on September 21, 1983, we assign an publication costs) for preparing a 12- making a 12-month petition finding, we LPN to each candidate species (48 FR month finding, without a proposed rule, would prepare and issue a listing 43098). Such a priority ranking has ranged from approximately $11,000 proposal or make a ‘‘warranted but guidance system is required under for one species with a restricted range precluded’’ finding for a given species. section 4(h)(3) of the Act (16 U.S.C. and involving a relatively The Conference Report accompanying 1533(h)(3)). Using this guidance, we uncomplicated analysis to $305,000 for P.L. 97–304, which established the assign each candidate an LPN of 1 to 12, another species that is wide-ranging and current statutory deadlines and the depending on the magnitude of threats involving a complex analysis. warranted-but-precluded finding, states (high vs. moderate to low), immediacy We cannot spend more than is (in a discussion on 90-day petition of threats (imminent or non-imminent), appropriated for the Listing Program findings that by its own terms also and taxonomic status of the species, in without violating the Anti-Deficiency covers 12-month findings) that the order of priority (monotypic genus (i.e., Act (see 31 U.S.C. 1341(a)(1)(A)). In deadlines were ‘‘not intended to allow a species that is the sole member of a addition, in FY 1998 and for each fiscal the Secretary to delay commencing the genus), species, subspecies, distinct year since then, Congress has placed a rulemaking process for any reason other population segment, or significant statutory cap on funds which may be than that the existence of pending or portion of the range). The lower the expended for the Listing Program, equal imminent proposals to list species listing priority number, the higher the to the amount expressly appropriated subject to a greater degree of threat listing priority (that is, a species with an for that purpose in that fiscal year. This would make allocation of resources to LPN of 1 would have the highest listing cap was designed to prevent funds such a petition [i.e., for a lower-ranking priority). appropriated for other functions under species] unwise.’’ We currently have more than 120 the Act (e.g., Recovery funds for In FY 2008, expeditious progress is species with an LPN of 2. Therefore, we removing species from the Lists), or for that amount of work that can be further rank the candidate species with other Service programs, from being used achieved with $5,131,000, which is the an LPN of 2 by using the following for Listing Program actions (see House amount of money we have for the extinction-risk type criteria: Report 105–163, 105th Congress, 1st Listing Program at this time. Since International Union for the Session, July 1, 1997). Congress has yet to approve a Listing Conservation of Nature and Natural Recognizing that designation of Program appropriation for FY 2008, we Resources (IUCN) Red list status/rank, critical habitat for species already listed are working under a Continuing Heritage rank (provided by would consume most of the overall Resolution. We are using the FY 2006 NatureServe), Heritage threat rank Listing Program appropriation, Congress enacted budget amount ($5,131,000) for (provided by NatureServe), and species also put a critical habitat subcap in the Listing Program that is not within currently with fewer than 50 place in FY 2002 and has retained it the critical habitat subcap. Our process individuals, or 4 or fewer populations. each subsequent year to ensure that is to make our determinations of Those species with the highest IUCN some funds are available for other work preclusion on a nationwide basis to rank (critically endangered), the highest in the Listing Program: ‘‘The critical ensure that the species most in need of Heritage rank (G1), the highest Heritage habitat designation subcap will ensure listing will be addressed first and also threat rank (substantial, imminent that some funding is available to because we allocate our listing budget threats), and currently with fewer than address other listing activities’’ (House on a nationwide basis. The $5,131,000 50 individuals, or fewer than 4 Report No. 107–103, 107th Congress, 1st for listing activities (that is, the portion populations, comprise a list of Session, June 19, 2001). In FY 2002 and of the Listing Program funding not approximately 40 candidate species each year until FY 2006, the Service has related to critical habitat designations (‘‘Top 40’’). These 40 candidate species had to use virtually the entire critical for species that already are listed) will have the highest priority to receive habitat subcap to address court- be used to fund work in the following funding to work on a proposed listing mandated designations of critical categories: Compliance with court determination. Note, to be more efficient habitat, and consequently none of the orders and court-approved settlement in our listing process, as we work on critical habitat subcap funds have been agreements requiring that petition proposed rules for these species in the available for other listing activities. In findings or listing determinations be next several years, we are preparing FY 2007, we were able to use some of completed by a specific date; section 4 multi-species proposals when the critical habitat subcap funds to fund (of the Act) listing actions with absolute appropriate, and these may include proposed listing determinations for statutory deadlines; essential litigation- species with lower priority if they high-priority candidate species; we related, administrative, and program overlap geographically or have the same expect to also be able to do this in FY management functions; and high- threats as a species with an LPN of 2. 2008. priority listing actions. The allocations In addition, available staff resources are Thus, through the listing cap, the for each specific listing action are also a factor in determining high- critical habitat subcap, and the amount identified in the Service’s FY 2008 Draft priority species provided with funding. of funds needed to address court- Allocation Table (part of our Finally, proposed rules for mandated critical habitat designations, administrative record). We are working reclassification of threatened species to

VerDate Aug<31>2005 17:48 Dec 12, 2007 Jkt 214001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\13DEP5.SGM 13DEP5 jlentini on PROD1PC65 with PROPOSALS5 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Proposed Rules 71051

endangered are lower priority, since the of Endangered and Threatened Wildlife determining expeditious progress made listing of the species already affords the and Plants. (We note that we do not in the Listing Program.) As with our protection of the Act and implementing discuss specific actions taken on ‘‘precluded’’ finding, expeditious regulations. We assigned the Jollyville progress towards removing species from progress in adding qualified species to Plateau salamander an LPN of 8, based the Lists because that work is conducted the Lists is a function of the resources on our finding that the species faces using appropriations for our Recovery available and the competing demands threats of moderate magnitude that are program, a separately budgeted for those funds. Our expeditious imminent, and on its taxonomic status component of the Endangered Species progress in FY 2007 in the Listing as a species (see Finding section). Program. As explained above in our Program, up to the date of making this As explained above, a determination description of the statutory cap on finding for the Jollyville Plateau that listing is warranted but precluded must also demonstrate that expeditious Listing Program funds, the Recovery salamander, included preparing and progress is being made to add or remove Program funds and actions supported by publishing the following qualified species to and from the Lists them cannot be considered in determinations:

FY 2007 COMPLETED LISTING ACTIONS

Publication date Title Actions FR pages

10/11/2006 ... Withdrawal of the Proposed Rule to List the Cow Head Tui Chub Final withdrawal, Threats elimi- 71 FR 59700– (Gila biocolor vaccaceps) as Endangered. nated. 59711 10/11/2006 ... Revised 12-Month Finding for the Beaver Cave Beetle Notice of 12-month petition find- 71 FR 59711– (Pseudanophthalmus major). ing, Not warranted. 59714 11/14/2006 ... 12-Month Finding on a Petition to List the Island Marble Butterfly Notice of 12-month petition find- 71 FR 66292– (Euchloe ausonides insulanus) as Threatened or Endangered. ing, Not warranted. 66298 11/14/2006 ... 90-Day Finding for a Petition to List the Kennebec River Population Notice of 90-day petition finding, 71 FR 66298– of Anadromous Atlantic Salmon as Part of the Endangered Gulf Of Substantial. 66301 Maine Distinct Population Segment. 11/21/2006 ... 90-Day Finding on a Petition To List the Columbian Sharp-Tailed Notice of 90-day petition finding, 71 FR 67318– Grouse as Threatened or Endangered. Not substantial. 67325 12/5/2006 ..... 90-Day Finding on a Petition To List the Tricolored Blackbird as Notice of 90-day petition finding, 71 FR 70483– Threatened or Endangered. Not substantial. 70492 12/6/2006 ..... 12-Month Finding on a Petition To List the Cerulean Warbler Notice of 12-month petition find- 71 FR 70717– (Dendroica cerulea) as Threatened with Critical Habitat. ing, Not warranted. 70733 12/6/2006 ..... 90-Day Finding on a Petition To List the Upper Tidal Potomac River Notice of 90-day Petition Finding, 71 FR 70715– Population of the Northern Water Snake (Nerodia sipedon) as an Not substantial. 70717 Endangered Distinct Population Segment. 12/14/2006 ... 90-Day Finding on a Petition to Remove the Uinta Basin Hookless Notice of 5-year Review, Initiation 71 FR 75215– Cactus From the List of Endangered and Threatened Plants; 90- Notice of 90-day petition finding, 75220 Day Finding on a Petition To List the Pariette Cactus as Threat- Not substantial. ened or Endangered. Notice of 90-day petition finding, Substantial. 12/19/2006 ... Withdrawal of Proposed Rule to List Penstemon grahamii (Graham’s Notice of withdrawal, More abun- 71 FR 76023– beardtongue) as Threatened With Critical Habitat. dant than believed, or dimin- 76035 ished threats. 12/19/2006 ... 90-Day Finding on Petitions to List the Mono Basin Area Population Notice of 90-day petition finding, 71 FR 76057– of the Greater Sage-Grouse as Threatened or Endangered. Not substantial. 76079 1/9/2007 ...... 12-Month Petition Finding and Proposed Rule To List the Polar Bear Notice of 12-month petition find- 72 FR 1063–1099 (Ursus maritimus) as Threatened Throughout Its Range; Proposed ing, Warranted. Rule. Proposed Listing, Threatened ...... 1/10/2007 ..... Endangered and Threatened Wildlife and Plants; Clarification of Sig- Clarification of findings ...... 72 FR 1186–1189 nificant Portion of the Range for the Contiguous United States Dis- tinct Population Segment of the Canada Lynx. 1/12/2007 ..... Withdrawal of Proposed Rule To List Lepidium papilliferum (Slickspot Notice of withdrawal, More abun- 72 FR 1621–1644 Peppergrass). dant than believed, or dimin- ished threats. 2/2/2007 ...... 12-Month Finding on a Petition To List the American Eel as Threat- Notice of 12-month petition find- 72 FR 4967–4997 ened or Endangered. ing, Not warranted. 2/13/2007 ..... 90-Day Finding on a Petition To List the Jollyville Plateau Sala- Notice of 90-day petition finding, 72 FR 6699–6703 mander as Endangered. Substantial. 2/13/2007 ..... 90-Day Finding on a Petition To List the San Felipe Gambusia as Notice of 90-day petition finding, 72 FR 6703–6707 Threatened or Endangered. Not substantial. 2/14/2007 ..... 90-Day Finding on A Petition to List Astragalus debequaeus Notice 90-day petition finding, Not 72 FR 6998–7005 (DeBeque milk vetch) as Threatened or Endangered. substantial. 2/21/2007 ..... 90-Day Finding on a Petition To Reclassify the Utah Prairie Dog Notice of 5-year Review, Initiation 72 FR 7843–7852 From Threatened to Endangered and Initiation of a 5-Year Review. Notice of 90-day petition finding, Not substantial. 3/8/2007 ...... 90-Day Finding on a Petition To List the Monongahela River Basin Notice of 90-day petition finding, 72 FR 10477– Population of the Longnose Sucker as Endangered. Not substantial. 10480 03/29/2007 ... 90-Day Finding on a Petition To List the Siskiyou Mountains Sala- Notice 90-day petition finding, 72 FR 14750– mander and Scott Bar Salamander as Threatened or Endangered. Substantial. 14759 04/24/2007 ... Revised 12-Month Finding for Upper Missouri River Distinct Popu- Notice of 12-month petition find- 72 FR 20305– lation Segment of Fluvial Arctic Grayling. ing, Not warranted. 20314

VerDate Aug<31>2005 17:48 Dec 12, 2007 Jkt 214001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\13DEP5.SGM 13DEP5 jlentini on PROD1PC65 with PROPOSALS5 71052 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Proposed Rules

FY 2007 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR pages

05/02/2007 ... 12-Month Finding on a Petition to List the Sand Mountain Blue But- Notice of 12-month petition find- 72 FR 24253– terfly (Euphilotes pallescens ssp. arenamontana) as Threatened or ing, Not warranted. 24263 Endangered with Critical Habitat. 05/22/2007 ... Status of the Rio Grande Cutthroat Trout ...... Notice of Review ...... 72 FR 28864– 28665 05/30/2007 ... 90-Day Finding on a Petition To List the Mt. Charleston Blue But- Notice of 90-day petition finding, 72 FR 29933– terfly as Threatened or Endangered. Substantial. 29941 06/05/2007 ... 12-Month Finding on a Petition To List the Wolverine as Threatened Notice of Review ...... 72 FR 31048– or Endangered. 31049 06/06/2007 ... 90-Day Finding on a Petition To List the Yellow-Billed Loon as Notice of 90-day Petition Finding, 72 FR 31256– Threatened or Endangered. Substantial. 31264 06/13/2007 ... 12-Month Finding for a Petition To List the Colorado River Cutthroat Notice of 12-month petition find- 72 FR 32589– Trout as Threatened or Endangered. ing, Not warranted. 32605 06/25/2007 ... 12-Month Finding on a Petition To List the Sierra Nevada Distinct Notice of amended 12-month peti- 72 FR 34657– Population Segment of the Mountain Yellow-Legged Frog (Rana tion finding, Warranted but Pre- 34661 muscosa). cluded. 07/05/2007 ... 12-Month Finding on a Petition To List the Casey’s June Beetle Notice of 12-month petition find- 72 FR 36635– (Dinacoma caseyi) as Endangered With Critical Habitat. ing, Warranted but precluded. 36646 08/15/2007 ... 90-Day Finding on a Petition To List the Yellowstone National Park Notice of 90-day Petition Finding, 72 FR 45717– Bison Herd as Endangered. Not-substantial. 45722 08/16/2007 ... 90-Day Finding on a Petition To List Astragalus anserinus (Goose Notice of 90-day Petition Finding, 72 FR 46023– Creek milk vetch) as Threatened or Endangered. Substantial. 46030 8/28/2007 ..... 12-Month Finding on a Petition To List the Gunnison’s Prairie Dog as Notice of Review ...... 72 FR 49245– Threatened or Endangered. 49246 9/11/2007 ..... 90-Day Finding on a Petition To List Kenk’s Amphipod, Virginia Well Notice of 90-day Petition Finding, 72 FR 51766– Amphipod, and the Copepod Acanthocyclops columbiensis as En- Not-substantial. 51770 dangered. 9/18/2007 ..... 12-month Finding on a Petition To List Sclerocactus brevispinus Notice of 12-month petition finding 72 FR 53211– (Pariette cactus) as an Endangered or Threatened Species; Taxo- for uplisting, Warranted but pre- 53222 nomic Change From Sclerocactus glaucus to Sclerocactus cluded. brevispinus, S. glaucus, and S. wetlandicus.

In FY 2007, we provided funds to densiflora, Cyanea eleeleensis, Cyanea Schiedea attenuata, Stenogyne kealiae), work on proposed listing kuhihewa, Cyrtandra oenobarba, 4 Hawaiian damselflies (Megalagrion determinations for the following high- Dubautia imbricata ssp. imbricata, nesiotes, Megalagrion leptodemas, priority species: 3 southeastern aquatic Dubautia plantaginea ssp. magnifolia, Megalagrion oceanicum, Megalagrion species (Georgia pigtoe, interrupted Dubautia waialealae, Geranium pacificum), and one Hawaiian plant rocksnail, and rough hornsnail), 2 Oahu kauaiense, Keysseria erici, Keysseria (Phyllostegia hispida (no common plants (Doryopteris takeuchii, Melicope helenae, Labordia helleri, Labordia name)). In FY 2008, we are continuing hiiakae), 31 Kauai species (Kauai pumila, Lysimachia daphnoides, to work on these listing proposals. In creeper, Drosophila attigua, Astelia Melicope degeneri, Melicope paniculata, addition, we are continuing to work on waialealae, Canavalia napaliensis, Melicope puberula, Myrsine mezii, several other determinations listed Chamaesyce eleanoriae, Chamaesyce Pittosporum napaliense, Platydesma below, which we funded in FY 2007 remyi var. kauaiensis, Chamaesyce rostrata, Pritchardia hardyi, Psychotria and are scheduled to complete in FY remyi var. remyi, Charpentiera grandiflora, Psychotria hobdyi, 2008.

ACTIONS FUNDED IN FY 2007 THAT HAVE YET TO BE COMPLETED

Species Action

Actions Subject to Court Order/Settlement Agreement

Wolverine ...... 12-month petition finding (remand). Western sage grouse ...... 90-day petition finding (remand). Rio Grande cutthroat trout ...... Candidate assessment (remand).

Actions With Statutory Deadlines

Polar bear ...... Final listing determination. Ozark chinquapin ...... 90-day petition finding. Tucson shovel-nosed snake ...... 90-day petition finding. Gopher tortoise—Florida population ...... 90-day petition finding. Sacramento valley tiger beetle ...... 90-day petition finding. Eagle lake trout ...... 90-day petition finding. Smooth billed ani ...... 90-day petition finding. Mojave ground squirrel ...... 90-day petition finding. Gopher Tortoise—eastern population ...... 90-day petition finding. Bay Springs salamander ...... 90-day petition finding.

VerDate Aug<31>2005 17:48 Dec 12, 2007 Jkt 214001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\13DEP5.SGM 13DEP5 jlentini on PROD1PC65 with PROPOSALS5 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Proposed Rules 71053

ACTIONS FUNDED IN FY 2007 THAT HAVE YET TO BE COMPLETED—Continued

Species Action

Tehachapi slender salamander ...... 90-day petition finding. Coaster brook trout ...... 90-day petition finding. Mojave fringe-toed lizard ...... 90-day petition finding. Evening primrose ...... 90-day petition finding. Palm Springs pocket mouse ...... 90-day petition finding. Northern leopard frog ...... 90-day petition finding. Shrike, Island loggerhead ...... 90-day petition finding. Cactus ferruginous pygmy owl ...... 90-day petition finding.

Our expeditious progress so far in FY 2008 in the Listing Program, includes preparing and publishing the following:

FY 2008 COMPLETED LISTING ACTIONS

Publication date Title Actions FR pages

10/09/2007 ...... 90-Day Finding on a Petition to List the Black-Footed Albatross Notice of 90-day Petition Find- 72 FR 57278–57283. (Phoebastria nigripes) as Threatened or Endangered. ing, Substantial. 10/09/2007 ...... 90-Day Finding on a Petition To List the Giant Palouse Earth- Notice of 90-day Petition Find- 72 FR 57273–57276. worm as Threatened or Endangered. ing, Not substantial. 10/23/2007 ...... 90-Day Finding on a Petition To List the Mountain Whitefish Notice of 90-day Petition Find- 72 FR 59983–59989. (Prosopium williamsoni) in the Big Lost River, ID, as Threat- ing, Not substantial. ened or Endangered. 10/23/2007 ...... 90-Day Finding on a Petition To List the Summer-Run Kokanee Notice of 90-day Petition Find- 72 FR 59979–59983. Population in Issaquah Creek, WA, as Threatened or Endan- ing, Not substantial. gered. 11/08/2007 ...... Response to Court on Significant Portion of the Range, and Response to Court ...... 72 FR 63123–63140. Evaluation of Distinct Population Segments, for the Queen Charlotte Goshawk.

Our expeditious progress also set by a court. Actions in the middle species with an LPN of 2, available staff includes work on listing actions, which section of the table are being conducted resources, and when appropriate, we anticipate will be funded in FY to meet statutory timelines, that is, species with a lower priority if they 2008, pending final appropriation. timelines required under the Act. overlap geographically or have the same These actions are listed below. We are Actions in the bottom section of the threats as the species with the high conducting work on those actions in the table are high priority listing actions, priority. top section of the table under a deadline which include at least one or more

ACTIONS ANTICIPATED TO BE FUNDED IN FY 2008 THAT HAVE YET TO BE COMPLETED

Species Action

Actions Subject to Court Order/Settlement Agreement

Bonneville cutthroat trout ...... 12-month petition finding (remand). Pygmy rabbit ...... 90-day petition finding (remand). Gunnison’s prairie dog ...... 12-month petition finding.

Actions with Statutory Deadlines

Polar bear ...... Final listing determination. 3 Southeastern aquatic species ...... Final listing. Phyllostegia hispida ...... Final listing. Yellow-billed loon ...... 12-month petition finding. Black-footed albatross ...... 12-month petition finding. Mount Charleston blue butterfly ...... 12-month petition finding. Goose Creek milk-vetch ...... 12-month petition finding. White-tailed prairie dog ...... 12-month petition finding. Mono Basin sage grouse (vol. remand) ...... 90-day petition finding. Ashy storm petrel ...... 90-day petition finding. Longfin smelt—San Fran. Bay population ...... 90-day petition finding. Black-tailed prairie dog ...... 90-day petition finding. Lynx (include New Mexico in listing) ...... 90-day petition finding. Wyoming pocket gopher ...... 90-day petition finding. Llanero coqui ...... 90-day petition finding. Least chub ...... 90-day petition finding.

VerDate Aug<31>2005 17:48 Dec 12, 2007 Jkt 214001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\13DEP5.SGM 13DEP5 jlentini on PROD1PC65 with PROPOSALS5 71054 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Proposed Rules

ACTIONS ANTICIPATED TO BE FUNDED IN FY 2008 THAT HAVE YET TO BE COMPLETED—Continued

Species Action

American pika ...... 90-day petition finding. Dusky tree vole ...... 90-day petition finding. Sacramento Mts. checkerspot butterfly ...... 90-day petition finding. Kokanee—Lake Sammamish population ...... 90-day petition finding. 206 species ...... 90-day petition finding. 475 Southwestern species ...... 90-day petition finding.

High Priority Listing Actions

31 Kauai species 1 ...... Proposed listing. 8 packages of high-priority candidate species ...... Proposed listing. 1 Funds used for this listing action were also provided in FY 2007.

We have endeavored to make our threats for this species. Natural history Fish and Wildlife Service, Austin listing actions as efficient and timely as and distribution information in Ecological Services Office (see possible, given the requirements of the particular will help us monitor and ADDRESSES). relevant law and regulations, and focus habitat conservation of this constraints relating to workload and species. Should an emergency situation Author(s) personnel. We are continually develop with this or any candidate The primary author of this document considering ways to streamline species, we will act to provide is U.S. Fish and Wildlife Service, Austin processes or achieve economies of scale, immediate protection, if warranted. Ecological Services Field Office (see such as by batching related actions We intend that any proposed listing ADDRESSES). together. Given our limited budget for action for Jollyville Plateau salamander implementing section 4 of the Act, these will be as accurate as possible. Authority actions described above collectively Therefore, we will continue to accept constitute expeditious progress. additional information and comments The authority for this action is the from all concerned governmental Endangered Species Act of 1973, as Conclusion agencies, the scientific community, amended (16 U.S.C. 1531, et seq.). We will add Jollyville Plateau industry, or any other interested party Dated: November 28, 2007. salamander to the list of candidate concerning this finding. species upon publication of this notice H. Dale Hall, of 12-month finding on a petition. We References Cited Director, Fish and Wildlife Service. request that interested parties submit A complete list of all references cited [FR Doc. E7–23757 Filed 12–12–07; 8:45 am] any new information on status and is available on request from the U.S. BILLING CODE 4310–55–P

VerDate Aug<31>2005 17:48 Dec 12, 2007 Jkt 214001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\13DEP5.SGM 13DEP5 jlentini on PROD1PC65 with PROPOSALS5