Vol. 76 Tuesday, No. 70 April 12, 2011 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Three Forks Springsnail and San Bernardino Springsnail, and Proposed Designation of Critical Habitat; Proposed Rule VerDate Mar<15>2010 15:12 Apr 11, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12APP2.SGM 12APP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 20464 Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR Public Comments Solicited section information from the public, other below for more information). concerned governmental and tribal Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: agencies, the scientific community, Steve Spangle, Field Supervisor, industry, or any other interested party 50 CFR Part 17 Arizona Ecological Services Field concerning this proposed rule. We [Docket No. FWS–R2–ES–2009–0083; Office, 2321 West Royal Palm Road, particularly seek comments concerning: 92210–1117–0000–B4] Suite 103, Phoenix, Arizona, 85021; (1) Biological, commercial trade, or telephone 602–242–0210; facsimile other relevant data concerning any RIN 1018–AV84 602–242–2513. If you use a threats (or lack thereof) to these species and regulations that may be addressing Endangered and Threatened Wildlife telecommunications device for the deaf those threats. and Plants; Proposed Endangered (TDD), call the Federal Information Relay Service (FIRS) at 800–877–8339. (2) Additional information concerning Status for the Three Forks Springsnail the range, distribution, and population SUPPLEMENTARY INFORMATION: This and San Bernardino Springsnail, and size of these species, including the document consists of: (1) A proposed Proposed Designation of Critical locations of any additional populations. Habitat rule to list the Three Forks Springsnail (3) Any information on the biological and San Bernardino Springsnail as or ecological requirements of these AGENCY: Fish and Wildlife Service, endangered; and (2) proposed critical Interior. species. habitat designations for the two species. (4) The reasons why we should or ACTION: Proposed rule. Previous Federal Actions should not designate habitat as ‘‘critical SUMMARY: We, the U.S. Fish and habitat’’ under section 4 of the Act We first identified the Three Forks including whether there are threats to Wildlife Service (Service), propose to springsnail as a candidate for listing on list the Three Forks springsnail the species from human activity which October 30, 2001 (66 FR 54808). We first are expected to increase due to the (Pyrgulopsis trivialis) and the San identified the San Bernardino Bernardino springsnail (Pyrgulopsis designation, and whether that increase springsnail as a candidate for listing on in threat outweighs the benefit of bernardina) as endangered under the December 6, 2007 (72 FR 69034). Endangered Species Act of 1973, as designation such that the designation of Candidates are those fish, wildlife, and critical habitat may not be prudent. amended (Act). If we finalize this rule plants for which we have on file as proposed, it would extend the Act’s (5) Specific information on: sufficient information on biological • protections to these species. We also The amount and distribution of vulnerability and threats to support habitat for each species, propose to designate critical habitat for preparation of a listing proposal, but for • both species under the Act. In total, What areas occupied at the time of which development of a listing listing and that contain features approximately 4.5 hectares (11.1 acres) regulation is precluded by other higher are being proposed for designation as essential to the conservation of these priority listing activities. species should be included in the critical habitat for Three Forks On May 4, 2004, the Center for springnail in Apache County, and designation and why, Biological Diversity petitioned the • Special management considerations approximately 0.815 hectares (2.013 Service to list 225 species of plants and acres) for San Bernardino springsnail in or protections that the features essential animals as endangered under the to the conservation of both species that Cochise County, Arizona. We seek provisions of the Endangered Species information and comments from the have been identified in this proposal Act, as amended (16 U.S.C. 1531 et may require, including managing for the public regarding the Three Forks and seq.), including the Three Forks San Bernardino springsnails and this potential effects of climate change, and springsnail. On June 25, 2007, we • What areas not occupied at the time proposed rule. received a petition from Forest of listing are essential for the DATES: We will accept comments Guardians to list 475 species in the conservation of the species and why. received or postmarked on or before southwestern United States as (6) Land use designations and current June 13, 2011. We must receive requests threatened or endangered under the or planned activities in the subject areas for public hearings, in writing, at the provisions of the Act, including the San and their possible impacts on proposed address shown in the FOR FURTHER Bernardino springsnail. In our most critical habitat. INFORMATION CONTACT section by May recent annual Candidate Notice of (7) Any probable economic, national 27, 2011. Review dated November 10, 2010 (75 FR security, or other relevant impacts of ADDRESSES: You may submit comments 69222), we retained a listing priority designating any area that may be by one of the following methods: number (LPN) of 2 for the Three Forks included in the final designation. We • Federal eRulemaking Portal: http:// springsnail and the San Bernardino are particularly interested in any www.regulations.gov. Follow the springsnail in accordance with our impacts on small entities or families, instructions for submitting comments priority guidance published on and the benefits of including or for Docket No. FWS–R2–ES–2009–0083. September 21, 1983 (48 FR 43098). An excluding areas that exhibit these • U.S. mail or hand-delivery: Public LPN of 2 reflects threats that are both impacts. Comments Processing, Attn: Docket No. imminent and high in magnitude, as (8) Whether we could improve or FWS–R2–ES–2009–0083; Division of well as the taxonomic classification as modify our approach to designating Policy and Directives Management; U.S. a full species. critical habitat in any way to provide for Fish and Wildlife Service; 4401 N. greater public participation and Public Comments Fairfax Drive, Suite 222; Arlington, VA understanding, or to better 22203. We intend that any final action accommodate public concerns and We will not accept e-mail or faxes. We resulting from this proposed rule will be comments. will post all comments on http:// based on the best scientific and (9) Information on the projected and www.regulations.gov. This generally commercial data available and be as reasonably likely impacts of climate means that we will post any personal accurate and as effective as possible. change on both species and the critical information you provide us (see the Therefore, we request comments or habitat areas we are proposing. VerDate Mar<15>2010 15:12 Apr 11, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\12APP2.SGM 12APP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Proposed Rules 20465 You may submit your comments and snails is 9 to 15 months (Pennak 1989, Forks springsnail is found in Taylor materials concerning this proposed rule p. 552); survival of one species in the (1987, pp. 30–32) and Hershler and by one of the methods listed in the genus Pyrgulopsis in the laboratory was Landye (1988, pp. 32–35). ADDRESSES section. 12.7 months (Lysne et al. 2007, p. 3). The Three Forks springsnail is known We will post your entire comment— Both the Three Forks springsnail and to occur in two separate spring including your personal identifying San Bernardino springsnail occur in complexes, Three Forks Springs and information—on http:// springs, seeps, spring runs, and a variety Boneyard Bog Springs in the North Fork www.regulations.gov. If you provide of waters, but particularly rheocrene East Fork Black River Watershed of the personal identifying information, such systems (water emerging from the White Mountains on the Apache- as your street address, phone number, or ground as a free-flowing stream). In the Sitgreaves National Forests in Apache e-mail address, you may request at the desert Southwest, these spring County, east-central Arizona (Myers top of your document that we withhold ecosystems are commonly referred to as 2000, p. 1; Nelson et al. 2002, p. 5). this information from public review. cienegas (Hendrickson and Minckley These spring complexes are found in However, we cannot guarantee that we 1984, pp. 133, 169; Minckley and Brown open mountain meadows at 2,500 will be able to do so. 1994, pp. 223–287). Snails in the genus meters (m) (8,200 feet (ft)) elevation and Comments and materials we receive, Pyrgulopsis are rarely found in mud or are separated by 6 kilometers (km) (3.7 as well as supporting documentation we soft sediments (Hershler 1998, p. 14) miles (mi)) of perennial flowing stream used in preparing this proposed rule, and are typically more abundant in (Martinez and Myers 2008, p. 189). The will be available for public inspection gravel to cobble size substrates (Frest species has been found in free-flowing on http://www.regulations.gov at Docket and Johannes 1995, p. 203; Malcom et springheads, concrete boxed No. FWS–R2–ES–2009–0083, or by al. 2005, p. 75; Martinez and Thome springheads, spring runs, spring seeps, appointment, during normal business 2006, pp. 12–13; Lysne et al. 2007, p. and shallow ponded water at Three hours, at the Arizona Ecological 650).