Vol. 79 Monday, No. 36 February 24, 2014 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Threatened Species Status for the Georgetown Salamander and Salado Salamander Throughout Their Ranges; Final Rule VerDate Mar<15>2010 17:21 Feb 21, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\24FER2.SGM 24FER2 emcdonald on DSK67QTVN1PROD with RULES2 10236 Federal Register / Vol. 79, No. 36 / Monday, February 24, 2014 / Rules and Regulations DEPARTMENT OF THE INTERIOR endangered or threatened throughout all but at that time, it was already a or a significant portion of its range. candidate species whose listing was Fish and Wildlife Service Listing a species as an endangered or precluded by higher priority actions. threatened species can only be The Salado salamander was included 50 CFR Part 17 completed by issuing a rule. in nine Candidate Notices of Review: • 67 FR 40657, June 13, 2002; [Docket No. FWS–R2–ES–2012–0035; This rule lists the Georgetown and Salado salamanders as threatened • 69 FR 24876, May 4, 2004; 4500030113] • species under the Act. 70 FR 24870, May 11, 2005; RIN 1018–AY22 • 71 FR 53756, September 12, 2006; The basis for our action. Under the • Act, we can determine that a species is 72 FR 69034, December 6, 2007; Endangered and Threatened Wildlife • an endangered or threatened species 73 FR 75176, December 10, 2008; and Plants; Determination of • 74 FR 57804, November 9, 2009; based on any of five factors: (A) The Threatened Species Status for the • 75 FR 69222, November 10, 2010; present or threatened destruction, Georgetown Salamander and Salado and modification, or curtailment of its Salamander Throughout Their Ranges • 76 FR 66370, October 26, 2011. habitat or range; (B) Overutilization for The listing priority number has AGENCY: Fish and Wildlife Service, commercial, recreational, scientific, or remained at 2 throughout the reviews, Interior. educational purposes; (C) Disease or indicating that threats to the species ACTION: Final rule. predation; (D) The inadequacy of were both imminent and high in existing regulatory mechanisms; or (E) magnitude. In addition, on May 11, SUMMARY: We, the U.S. Fish and Other natural or manmade factors 2004, the Service received a petition Wildlife Service (Service), determine affecting its continued existence. We from the Center for Biological Diversity threatened status for the Georgetown have determined that the Georgetown to list 225 species we previously had salamander (Eurycea naufragia) and the and Salado salamanders are threatened identified as candidates for listing in Salado salamander (Eurycea under the Act due to threats faced by accordance with section 4 of the Act, chisholmensis) under the Endangered the species both now and in the future including the Salado salamander. Species Act of 1973 (Act), as amended. from Factors A, D, and E. On August 22, 2012, we published a The effect of this regulation is to Peer review and public comment. We proposed rule to list as endangered and conserve the two salamander species sought comments from independent designate critical habitat for the Austin and their habitats under the Act. This specialists to ensure that our blind salamander (Eurycea final rule implements the Federal designation is based on scientifically waterlooensis), Jollyville Plateau protections provided by the Act for sound data, assumptions, and analyses. salamander (Eurycea tonkawae), these species. We are also notifying the We invited these peer reviewers to Georgetown salamander, and Salado public that, in addition to this final comment on our listing proposal. We salamanders (77 FR 50768). That listing determination, today we publish also considered all comments and proposal had a 60-day comment period, a proposed special rule under the Act information received during the ending October 22, 2012. We held a for the Georgetown salamander. comment period (see Summary of public meeting and hearing in Round DATES: This rule becomes effective Comments and Recommendations Rock, Texas, on September 5, 2012, and March 26, 2014. section below). a second public meeting and hearing in ADDRESSES: This final rule is available Background Austin, Texas, on September 6, 2012. on the Internet at http:// On January 25, 2013, we reopened the www.regulations.gov and http:// Previous Federal Action public comment period on the August www.fws.gov/southwest/es/ The Georgetown salamander was 22, 2012, proposed listing and critical AustinTexas/. Comments and materials included in 10 Candidate Notices of habitat designation; announced the received, as well as supporting Review: availability of a draft economic analysis; documentation used in preparing this • 66 FR 54808, October 30, 2001; and an amended required final rule, are available for public • 67 FR 40657, June 13, 2002; determinations section of the proposal inspection, by appointment, during • 69 FR 24876, May 4, 2004; (78 FR 5385). On August 20, 2013, we normal business hours, at U.S. Fish and • 70 FR 24870, May 11, 2005; extended the final determination for the Wildlife Service, Austin Ecological • 71 FR 53756, September 12, 2006; Georgetown and Salado salamanders by Services Field Office (see FOR FURTHER • 72 FR 69034, December 6, 2007; 6 months due to substantial INFORMATION CONTACT). • 73 FR 75176, December 10, 2008; disagreement regarding: (1) The short- FOR FURTHER INFORMATION CONTACT: • 74 FR 57804, November 9, 2009; and long-term population trends of Adam Zerrenner, Field Supervisor, U.S. • 75 FR 69222, November 10, 2010; these two species; (2) the interpretation Fish and Wildlife Service, Austin and of water quality and quantity Ecological Services Field Office, 10711 • 76 FR 66370, October 26, 2011. degradation information as it relates to Burnet Rd, Suite 200, Austin, TX 78758; In the 2008 review, the listing priority the status of these two species; and (3) by telephone 512–490–0057; or by number was lowered from 2 to 8, the effectiveness of conservation facsimile 512–490–0974. Persons who indicating that threats to the species practices and regulatory mechanisms use a telecommunications device for the were imminent, but moderate to low in (78 FR 51129). That comment period deaf (TDD) may call the Federal magnitude. This reduction in listing closed on September 19, 2013. Information Relay Service (FIRS) at priority number was primarily due to Since that time, the City of 800–877–8339. the land acquisition and conservation Georgetown, Texas, prepared and SUPPLEMENTARY INFORMATION: efforts of the Williamson County finalized ordinances for the Georgetown Conservation Foundation. In addition, salamander. All 17 of the known Executive Summary we were petitioned by the Center for Georgetown salamander locations are Why we need to publish a rule. Under Biological Diversity to list the within the City of Georgetown’s the Act, a species may warrant Georgetown salamander as an jurisdiction for residential and protection through listing if it is endangered species on May 11, 2004, commercial development. The enacted VerDate Mar<15>2010 17:21 Feb 21, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\24FER2.SGM 24FER2 emcdonald on DSK67QTVN1PROD with RULES2 Federal Register / Vol. 79, No. 36 / Monday, February 24, 2014 / Rules and Regulations 10237 ordinances were directed at alleviating pH, and alkalinity) maintained by Range threats to the Georgetown salamander groundwater from various sources. The The habitats of the Georgetown and from urban development by requiring Georgetown and Salado salamanders Salado salamanders occur in the geologic assessments prior to depend on high-quality water in Northern Segment of the Edwards construction, establishing occupied site sufficient quantity and quality to meet Aquifer. The recharge and contributing protections through stream buffers, their life-history requirements for zones of this segment of the Edwards maintaining water quality through best survival, growth, and reproduction. Aquifer are found in portions of Travis, management practices, developing a Much of this water is sourced from the Williamson, and Bell Counties, Texas water quality management plan for the Northern Segment of the Edwards (Jones 2003, p. 3). City of Georgetown, and monitoring Aquifer, which is a karst aquifer occupied spring sites by an adaptive characterized by open chambers such as Diet management working group. In order to caves, fractures, and other cavities that Although we are unaware of detailed consider the ordinances in our final were formed either directly or indirectly dietary studies for Georgetown and listing determination, on January 7, by dissolution of subsurface rock Salado salamanders, their diets are 2014 (79 FR 800), we reopened the formations. Water for the salamanders is presumed to be similar to other Eurycea comment period for 15 days on the provided by infiltration of surface water species, which consist of small aquatic proposed listing rule to allow the public through the soil or recharge features invertebrates such as amphipods, an opportunity to provide comment on (caves, faults, fractures, sinkholes, or copepods, isopods, and insect larvae the application of the City of other open cavities) into the Edwards (COA 2001, pp. 5–6). A stomach content Georgetown’s ordinances to our status Aquifer, which discharges from springs analysis by the City of Austin determination under section 4(a)(1) of as groundwater (Schram 1995, p. 91). demonstrated that the Jollyville Plateau the Act. The Georgetown and Salado salamander preys on varying This rule constitutes our final salamanders spend varying portions of proportions of aquatic invertebrates, determination to list the Georgetown their life within their surface habitats such as ostracods, copepods, mayfly and Salado salamanders as threatened (the wetted top layer of substrate in or larvae, fly larvae, snails, water mites, species. near spring openings and pools as well aquatic beetles, and stone fly larvae, as spring runs) and subsurface habitats depending on the location of the site Species Information (within caves or other underground (Bendik 2011b, pers.