34696 Federal Register I Vol. 53, No. 173 / Wednesday, September 7. 1988 / Rules and Regulations DEPARTMENT OF ThE INTERIOR and has fewer dorsal rostra! spines Four comments were received. One (Smalley 1961). Federal agency saw no impact to their Fish and Wildlife Service A search of over 200 caves in north program by the proposal. The proposal Alabama has failed to find the Alabama was supported by the other three 50 CFR Part 17 cave shrimp anywhere but at the two commenters, including a Federal agency. Endangered and Threatened Wildlife localities (J.E. Cooper, pers. comm.). The the national conservation organization and Plants; Endangered Status for the type locality, Shelta Cave, lies within that owns Shelta Cave, and by a Alabama Cave Shrimp, Palaemonias the northwest limits of Huntsville, professional biologist Two of these Alabama. It is located in Warsaw commenters provided additional data. Alabamae limestone of Mississippian age in the After a thorough review and AGENCY: Fish and Wildlife Service, Interior Low Plateau (Cooper 1975). Shelta Cave consists ofthree large consideration of all information Interior. available, the Service has determined ACTION: Final rule. rooms with smaller alcoves. Water is present in all of the cave areas during that the Alabama cave shrimp SUMMARY: The Service determines the wet periods of the year. Water levels (Palaemonias alabamae) should be Alabama cave shrimp, Palaemonias fluctuate several feet during the year classified as an endangered species. alabamae, to be an endangered species and some areas of the cave become Procedures found at section 4(a)(1) of under the authority contained in the seasonally dry. The two pit entrances to the Endangered Species Act (16 U.S.C. Endangered Species Act of 1973, as Shelta Cave are ownedby the National 1531 eq seq.) and regulations (50 CFR amended (Act). This obligate cave Speleological Society and are gated to Part 424) promulgated to implement the dweller has been found in only two control activity in the cave. The only listing provisions of the Act were caves, Shelta and Bobcat, in Madison other known population is in Bobcat followed. A species may be determined County, Alabama. Groundwater Cave, located on Redstone Arsenal, to be an endangered or threatened contamination, low population levels, under the control of the U.S. Army. species due to one or more of the five and collecting represent majorthreats to The available information indicates factors described in section 4(a)(1). this small shrimp. The shrimp was not the population in Shelta Cave has These factors and their application to observed in Shelta Cave during the declined and may be extirpated. Over the Alabama cave shrimp (Palaemonias biweekly surveys of aquatic cave life an 11-year period, Cooper and others alabamae) are as follows: over a twelve month period. In Bobcat collected or observed from one to 25 A. The present or threatened Cave, only two or three shrimp have shrimp on each of 19 visits (Cooper destruction, modification, or curtailment been observed on any single visit. This 1975). On two of these visits the shrimp ofits hdbitat or range. The only known determination implements the protection were not counted, but described as populations of Alabama cave shrimp of the Act for theAlabama cave shrimp. plentiful. During the period from occur in Shelta and Bobcat Caves. The EFFECTIVE DATE: Octobor 7, 1988. December 1985 to April 1986, biologists only population trend data is discussed made monthly trips to observe aquatic ADDRESS: The complete file for this rule in the “Background” section. is available for inspection by life in Shelta Cave but did not find any Groundwater contamination represents appointment during normal business shrimp. In April 1986, a study to observe a major threat to this cave-dwelling hours at the Jackson, Mississippi, Field aquatic life in Shelta Cave twice a species. Both caves are within the month for one year was initiated. No Office, U.S. Fish and Wildlife Service, Huntsville Spring Branch and Indian Jackson Mall Office Center, Suite 316, cave shrimp were observed in Shelta Creek drainages, known areas of DDT Cave during this period. contamination (Environmental 300 Woodrow Wilson Avenue, Jackson, Threatened status was proposed for Mississippi 39213. Protection Agency 1986). They are not the Alabama cave shrimp on January 12, FOR FURThER INFORMATION CONTACT: known to be in the direct path of the 1977 (42 FR 2507). That proposal was contaminated flow at the present time. Mr. James H. Stewart at the above withdrawn on December 10, 1979 (44 FR address (601/965—4900, VFS 490.-4900). In any area where sinkholes occur, 70796), for administrathie reasons however, surface pollutants can easily SUPPLEMENTARY INFORMATION: stemming from new listing requirements and rapidly enter the sub-surface Background of the 1978 amendments to the Act. This species was proposed for endangered aquifer. The Alabama cave shrimp, status on November 19, 1987 (52 FR B Qverutj/jzcjt,on for commercial, Polaernonias alabamae, is an albinistic 44578-44580). recreational, scientific, or educational cave shrimp known from only two caves purposes. Apparent low reproductive in Madison County, Alabama. (J.E. Suiemary of Comments and abilities, confined habitat, and inability Cooper. pers. comm.), This obligath cave Recommendations to elude captors make the Alabama shrimp was first collected in 1958 by Dr. In the November 19, 1987, proposed cave shrimp very susceptible to Thomas Poulson and described in 1961 rule and associated notifications, all collecting. Cooper (1975) found only by A.E. Smalley from a series of 20 interested parties were requested to eight attached eggs on Alabama cave shrimp collected in Sheila Cave (Cooper submit factual reports or information shrimp and indicated this species 1975). The Alabama cave shrimp is that might contribute to the development produced only one-third to ooe-half as colorless and largely transparent with a of a final rule. Appropriate State many eggs as females of the endangered total length of up to 20 mm (0.8 in.) agencies, county governments, Federal Kentucky cave shrimp. Other cave (Cooper 1975; Smalley 1961). The only agencies, scientific organizations, and specie.s are known to have extremely other species of Palaemonias is the other interested parties were contacted low reproductive rates compared to endangered Kentucky cave shrimp, P. and requested to comment. A closely related surface species (Paulson ganteri, known only from Mammoth newspaper notice was published in The 1961; Cooper 1975). As a result, any Cave, Kentucky. Palaemonias alabamae Birmingham News and in The Huntsville collection of adults can significantly is very similar to P. ganteri, but is Times on December 13, 1987, and in The affect population le~els.There are few smaller in size, has a shorter rostrum. Huntsville News on December 14, 1987. known collections of the Alabama cave generally lacks ventral rostra! spines which invited general public comment. shrimp, and these were made when the Federal Register / Vol. 53, No. 173 1 Wednesday, September 7. 1988 / Rules and Regulations 34697 species was apparently more common endangered by tj~ki~ig,an activity Federal involvement with this species (see Background). diffoult toprevent Publication ofcritical is expected to be minimal. The C. 1)i~aseand Predation. The habitat descriptions would make this continuing development of this region Alabama cave shrimp occurs with the species even more vulnerable and could lead to sub-surface water southern cavefish, Typhlichthys increase enforcement problems. All degradation that may involve the subterraneus, the cave salamander. involved parties and land owners have Environmental Protection Agency or Gyrinc~thiluspalleucus.and the cave been notified of the lcoation and other agencies with jurisdiction over crayfish. Aviti a.mbarzzs/onesi in one or importance of protecting this species’ groundwater. The Federal Housing both caves (Cooper 1975). It is probable habitat. Protection of this species’ Authority may be required to consult that all three prey upon young cave habitat will be addressed through the with the Service on Federal loans for shrimp (Barr and Kuehne 1971; Cooper recovery process and through the housing development withIn the cave’s 1975). section 7 jeopardy standard. Therefore, recharge area. Development on D. The inadequacy of existing it would not be prudent to determine Redstone Arsenal may require regulatory mechanisms. The Alabama critical habitat for theAlabama cave consultation with the U.S. Army. Department of Conservation and shrimp at this time, TheAct and implementing regulations Natural Resources recognizes the found at 50 CFR 17.21 set forth a series Alabama cave shrimp as a “species of Available Conservation Measures of general prohibitions and exceptions special concern” but does not provide Conservation measures provided to that apply to all endangered wildlife. any legal protection (Bouchard 1976). species listed as endangered or These prohibitions, in part, make it Shelta Cave is owned by the National threatened under the Endangered illegal for ~anyperson subject to the Speleological Society and is currently Species Act include recognition, jurisdiction of the United States to take, gated to exclude unauthorized visitors. recovery actions, requirements for import or export, ship in interstate Bobcat Cave is owned by Redstone Federal protection, and prohibitions commerce in the course of commercial Arsenal and admittance is controlled. against certain practices. Recognition activity, or sell or offer for sale in While admittance to the caves is through listing encourages and results in interstate or foreign commerce any restricted by the owners, adequate conservation actions by Federal, State, listed species. It also is illegal to regulations do not exist to discourage and private agencies, groups, and possess, sell, deliver, carry, transport, or collection of the species by those who individuals. The Endangered Species ship any such wildlife that has been are able to gain entrance to the caves. Act provides for possible land taken illegally.