41088 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations * * * * * Executive Summary and suggestions to improve the final [FR Doc. 2012–17020 Filed 7–11–12; 8:45 am] listing and critical habitat rule. Why we need to publish a rule. Under BILLING CODE 6560–50–P We sought public comment on the the Endangered Species Act, a species designation. During the first comment may warrant protection through listing period, we received five comment if it is endangered or threatened DEPARTMENT OF THE INTERIOR letters directly addressing the proposed throughout all or a significant portion of listing and critical habitat designation. Fish and Wildlife Service its range. The Chupadera springsnail During the second comment period, we (Pyrgulopsis chupaderae) qualifies for received two comment letters 50 CFR Part 17 listing as endangered based on threats to addressing the proposed listing and its habitat and its very limited range, critical habitat designation. We received [Docket No. FWS–R2–ES–2011–0042; which makes it more susceptible to no comments during the third comment 4500030113] extinction. period, nor any comments regarding the RIN 1018–AV86 This rule designates the Chupadera draft economic analysis or draft springsnail as endangered with critical environmental assessment. habitat. We are listing the Chupadera Endangered and Threatened Wildlife Background and Plants; Determination of springsnail as endangered. In addition, Endangered Status for the Chupadera we are designating critical habitat for It is our intent to discuss below only Springsnail and Designation of Critical the species in two units on private those topics directly relevant to the Habitat property totaling 0.7 hectares (1.9 acres) listing of the Chupadera springsnail as in Socorro County, New Mexico. endangered in this section of the final AGENCY: Fish and Wildlife Service, The Endangered Species Act provides rule. Interior. the basis for our action. Under the Previous Federal Actions ACTION: Final rule. Endangered Species Act, we can We identified the Chupadera determine that a species is endangered SUMMARY springsnail as a candidate for listing in : We, the U.S. Fish and or threatened based on any of the the May 22, 1984, Notice of Review of Wildlife Service, determine endangered following five factors: (A) The present or Invertebrate Wildlife for Listing as status for the Chupadera springsnail and threatened destruction, modification, or Endangered or Threatened Species designate critical habitat for the species curtailment of its habitat or range; (49 FR 21664). Candidates are those under the Endangered Species Act of (B) overutilization for commercial, fish, wildlife, and plants for which we 1973, as amended. The effect of this rule recreational, scientific, or educational have on file sufficient information on is to conserve the Chupadera springsnail purposes; (C) disease or predation; (D) biological vulnerability and threats to and its habitat under the Endangered the inadequacy of existing regulatory Species Act. support preparation of a listing mechanisms; or (E) other natural or proposal, but for which development of DATES: This rule becomes effective on manmade factors affecting its continued August 13, 2012. a listing regulation is precluded by other existence. higher priority listing activities. The ADDRESSES: This final rule and We have determined that the Chupadera springsnail was petitioned associated final economic analysis and Chupadera springsnail is endangered by for listing on November 20, 1985, and final environmental assessment are habitat loss and degradation of aquatic was found to be warranted for listing available on the Internet at http:// resources, particularly decreases in but precluded by higher priority www.regulations.gov or http:// spring flow due to drought and ongoing activities on October 4, 1988 (53 FR www.fws.gov/southwest/es/NewMexico/. and future groundwater pumping in the 38969). The Chupadera springsnail has Comments and materials received, as surrounding area, habitat degradation been included in all of our subsequent well as supporting documentation used from livestock grazing, and springhead annual Candidate Notices of Review in preparing this final rule, are available modification. (54 FR 554, January 6, 1989; 56 FR for public inspection, by appointment, We prepared an economic analysis. 58804, November 21, 1991; 59 FR during normal business hours, at the To ensure that we consider the 58982, November 15, 1994; 61 FR 7595, U.S. Fish and Wildlife Service, New economic impacts, we prepared an February 28, 1996; 62 FR 49397, Mexico Ecological Services Field Office, economic analysis of the designation of September 19, 1997; 64 FR 57533, 2105 Osuna Rd. NE., Albuquerque, NM critical habitat. We published an October 25, 1999; 66 FR 54807, October 87113; telephone 505–346–2525; announcement and solicited public 30, 2001; 67 FR 40657, June 13, 2002; facsimile 505–346–2542. comments on the draft economic 69 FR 24875, May 4, 2004; 70 FR 24869, FOR FURTHER INFORMATION CONTACT: analysis. The analysis found no May 11, 2005; 71 FR 53755, September Wally ‘‘J’’ Murphy, Field Supervisor, economic impact of the designation of 12, 2006; 72 FR 69033, December 6, U.S. Fish and Wildlife Service, New critical habitat beyond an unquantified 2007; 73 FR 75175, December 10, 2008; Mexico Ecological Services Field Office, ‘‘stigma effect’’ to land values. 74 FR 57803, November 9, 2009; 75 FR 2105 Osuna Rd. NE., Albuquerque, NM We requested peer review of the 69221, November 10, 2010; and 76 FR 87113; telephone 505–346–2525; methods used in our designation. We 66370, October 26, 2011). In 2002, the facsimile 505–346–2542. If you use a specifically requested that three listing priority number was increased telecommunications device for the deaf knowledgeable individuals with from 8 to 2 in accordance with our (TDD), call the Federal Information scientific expertise in desert spring priority guidance published on Relay Service (FIRS) at 800–877–8339. ecosystems or related fields review the September 21, 1983 (48 FR 43098). A SUPPLEMENTARY INFORMATION: This scientific information and methods that listing priority of 2 reflects a species document consists of: (1) A final rule to we used when we proposed the species with threats that are both imminent and list the Chupadera springsnail as as endangered. The peer reviewers high in magnitude. On August 2, 2011, endangered and (2) a final critical generally concurred with our methods we published a proposed rule to list the habitat designation for the Chupadera and conclusions and provided Chupadera springsnail as endangered springsnail. additional information, clarifications, with critical habitat (76 FR 46218), and VerDate Mar<15>2010 13:33 Jul 11, 2012 Jkt 226001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 pmangrum on DSK3VPTVN1PROD with RULES Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Rules and Regulations 41089 on January 20, 2012, we published a Snails in the family Hydrobiidae were per second (m/s) (0.03 to 0.6 feet per notice of availability of the draft once much more widely distributed second (ft/s)) (Lang 2009, p. 1). In 1998, environmental assessment and draft during the wetter Pleistocene Age (1.6 when Willow Spring was visited by economic analysis and reopened the million to 10,000 years ago). As ancient New Mexico Game and Fish biologists, comment period for the proposed rule lakes and streams dried, springsnails the springbrook was 0.5 to 2 meters (m) (77 FR 2943). Finally, on May 1, 2012, became patchily distributed across the (1.6 to 6.6 feet (ft)) wide, 6 to 15 we reopened the comment period for landscape in geographically isolated centimeters (cm) (2.4 to 6 in) deep, and the proposed rule and its associated populations exhibiting a high degree of approximately 38 m (125 ft) long, documents for an additional 15 days endemism (species found only in a upstream of where it entered a pond (77 FR 25668). particular region, area, or spring) created by a berm (small earthen dam) (Bequart and Miller 1973, p. 214; Taylor across the springbrook (Lang 2009, p. 1). Species Information 1987, pp. 5–6; Shepard 1993, p. 354; The current status of the population at The Chupadera springsnail Hershler and Sada 2002, p. 255). Willow Spring is unknown because (Pyrgulopsis chupaderae) is a tiny Hydrobiid snails occur in springs, seeps, access has been denied by the (1.6 to 3.0 millimeters (mm) (0.06 to marshes, spring pools, outflows, and landowner since 1999, despite requests 0.12 inches (in)) tall) freshwater snail diverse flowing water habitats. for access to monitor the springsnail (Taylor 1987, p. 25; Hershler 1994, p. Although Hydrobiid snails as a group (Carman 2004, pp. 1–2; 2005, pp. 1–5; 30) in the family Hydrobiidae. The are found in a wide variety of aquatic NMDGF 2007, p. 12). Prior surveys pigmentation of the body and habitats, they are sensitive to water show the springsnail population to be operculum (covering over the shell quality, and each species is usually locally abundant and stable at this opening) of this species is much more found within relatively narrow habitat location through 1999 (Lang 1998, p. 36; parameters (Sada 2008, p. 59). Proximity Lang 1999, p. A5), with average intense than in any other species in the ± to spring vents, where water emerges densities in 1997–1998 of 23,803 genus Pyrgulopsis (Taylor 1987, p. 26). ± The Chupadera springsnail was first from the ground, plays a key role in the 17,431 per square meter (2,211 1,619 described by Taylor (1987, life history of springsnails. Many per square foot) (NMDGF 2011, p. 2). pp. 24–27) as Fontelicella chupaderae. springsnail species exhibit decreased The landowner recently provided Hershler (1994, pp. 11, 13), in his abundance farther away from spring qualitative information in response to review of the genus Pyrgulopsis, found vents, presumably due to their need for the 2011 proposed rule (76 FR 46218) that the species previously assigned to stable water chemistry (Hershler 1994, that a springsnail, presumed to be the the genus Fontelicella had the p.