[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Proposed Rules]
[Pages 20464-20488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8176]



[[Page 20463]]

Vol. 76

Tuesday,

No. 70

April 12, 2011

Part II





Department of the Interior





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Fish and Wildlife Service



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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

Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2009-0083; 92210-1117-0000-B4]
RIN 1018-AV84


Endangered and Threatened Wildlife and Plants; Proposed 
Endangered Status for the Three Forks Springsnail and San Bernardino 
Springsnail, and Proposed Designation of Critical Habitat

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
list the Three Forks springsnail (Pyrgulopsis trivialis) and the San 
Bernardino springsnail (Pyrgulopsis bernardina) as endangered under the 
Endangered Species Act of 1973, as amended (Act). If we finalize this 
rule as proposed, it would extend the Act's protections to these 
species. We also propose to designate critical habitat for both species 
under the Act. In total, approximately 4.5 hectares (11.1 acres) are 
being proposed for designation as critical habitat for Three Forks 
springnail in Apache County, and approximately 0.815 hectares (2.013 
acres) for San Bernardino springsnail in Cochise County, Arizona. We 
seek information and comments from the public regarding the Three Forks 
and San Bernardino springsnails and this proposed rule.

DATES: We will accept comments received or postmarked on or before June 
13, 2011. We must receive requests for public hearings, in writing, at 
the address shown in the FOR FURTHER INFORMATION CONTACT section by May 
27, 2011.

ADDRESSES: You may submit comments by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments for Docket No. FWS-R2-
ES-2009-0083.
    <bullet> U.S. mail or hand-delivery: Public Comments Processing, 
Attn: Docket No. FWS-R2-ES-2009-0083; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments Solicited 
section below for more information).

FOR FURTHER INFORMATION CONTACT: Steve Spangle, Field Supervisor, 
Arizona Ecological Services Field Office, 2321 West Royal Palm Road, 
Suite 103, Phoenix, Arizona, 85021; telephone 602-242-0210; facsimile 
602-242-2513. If you use a telecommunications device for the deaf 
(TDD), call the Federal Information Relay Service (FIRS) at 800-877-
8339.

SUPPLEMENTARY INFORMATION: This document consists of: (1) A proposed 
rule to list the Three Forks Springsnail and San Bernardino Springsnail 
as endangered; and (2) proposed critical habitat designations for the 
two species.

Previous Federal Actions

    We first identified the Three Forks springsnail as a candidate for 
listing on October 30, 2001 (66 FR 54808). We first identified the San 
Bernardino springsnail as a candidate for listing on December 6, 2007 
(72 FR 69034). Candidates are those fish, wildlife, and plants for 
which we have on file sufficient information on biological 
vulnerability and threats to support preparation of a listing proposal, 
but for which development of a listing regulation is precluded by other 
higher priority listing activities.
    On May 4, 2004, the Center for Biological Diversity petitioned the 
Service to list 225 species of plants and animals as endangered under 
the provisions of the Endangered Species Act, as amended (16 U.S.C. 
1531 et seq.), including the Three Forks springsnail. On June 25, 2007, 
we received a petition from Forest Guardians to list 475 species in the 
southwestern United States as threatened or endangered under the 
provisions of the Act, including the San Bernardino springsnail. In our 
most recent annual Candidate Notice of Review dated November 10, 2010 
(75 FR 69222), we retained a listing priority number (LPN) of 2 for the 
Three Forks springsnail and the San Bernardino springsnail in 
accordance with our priority guidance published on September 21, 1983 
(48 FR 43098). An LPN of 2 reflects threats that are both imminent and 
high in magnitude, as well as the taxonomic classification as a full 
species.

Public Comments

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from the public, other concerned governmental 
and tribal agencies, the scientific community, industry, or any other 
interested party concerning this proposed rule. We particularly seek 
comments concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to these species and regulations that may 
be addressing those threats.
    (2) Additional information concerning the range, distribution, and 
population size of these species, including the locations of any 
additional populations.
    (3) Any information on the biological or ecological requirements of 
these species.
    (4) The reasons why we should or should not designate habitat as 
``critical habitat'' under section 4 of the Act including whether there 
are threats to the species from human activity which are expected to 
increase due to the designation, and whether that increase in threat 
outweighs the benefit of designation such that the designation of 
critical habitat may not be prudent.
    (5) Specific information on:
    <bullet> The amount and distribution of habitat for each species,
    <bullet> What areas occupied at the time of listing and that 
contain features essential to the conservation of these species should 
be included in the designation and why,
    <bullet> Special management considerations or protections that the 
features essential to the conservation of both species that have been 
identified in this proposal may require, including managing for the 
potential effects of climate change, and
    <bullet> What areas not occupied at the time of listing are 
essential for the conservation of the species and why.
    (6) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat.
    (7) Any probable economic, national security, or other relevant 
impacts of designating any area that may be included in the final 
designation. We are particularly interested in any impacts on small 
entities or families, and the benefits of including or excluding areas 
that exhibit these impacts.
    (8) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments.
    (9) Information on the projected and reasonably likely impacts of 
climate change on both species and the critical habitat areas we are 
proposing.

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    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section.
    We will post your entire comment--including your personal 
identifying information--on http://www.regulations.gov. If you provide 
personal identifying information, such as your street address, phone 
number, or e-mail address, you may request at the top of your document 
that we withhold this information from public review. However, we 
cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov at Docket 
No. FWS-R2-ES-2009-0083, or by appointment, during normal business 
hours, at the Arizona Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT section).

Background

    Both the Three Forks springsnail and San Bernardino springsnail are 
members of the genus Pyrgulopsis in the family Hydrobiidae. In the arid 
Southwest, springsnails in this family are largely relicts of the 
wetter Pleistocene Epoch (2.5 million to 10,000 years ago) and are 
typically distributed across the landscape as geographically isolated 
populations exhibiting a high degree of endemism (found only in a 
particular area or region) (Bequart and Miller 1973, p. 214; Taylor 
1987, pp. 5-6; Shepard 1993, p. 354; Hershler and Sada 2002, p. 255). 
Springsnails are strictly aquatic and respiration occurs through an 
internal gill. Springsnails in the genus Pyrgulopsis are egg-layers 
(Hershler 1998, p. 14). The larval stage is completed in the egg 
capsule and, upon hatching, tiny snails emerge into their adult habitat 
(Brusca and Brusca 1990, p. 759; Hershler and Sada 2002, p. 256). The 
sexes are separate and physical differences are noticeable between 
them, with females being larger than males. Mobility is limited, and 
significant migration likely does not occur, although aquatic snails 
have been known to disperse by becoming attached to the feathers of 
migratory birds (Roscoe 1955, p. 66; Dundee et al. 1967, pp. 89-90).
    Springsnails in the family Hydrobiidae feed primarily on 
periphyton, which is a complex mixture of algae, detritus, bacteria, 
and other microbes that live upon submerged surfaces in aquatic 
environments (Mladenka 1992, pp. 46, 81; Hershler and Sada 2002, p. 
256; Lysne et al. 2007, p. 649). The life span of most aquatic snails 
is 9 to 15 months (Pennak 1989, p. 552); survival of one species in the 
genus Pyrgulopsis in the laboratory was 12.7 months (Lysne et al. 2007, 
p. 3).
    Both the Three Forks springsnail and San Bernardino springsnail 
occur in springs, seeps, spring runs, and a variety of waters, but 
particularly rheocrene systems (water emerging from the ground as a 
free-flowing stream). In the desert Southwest, these spring ecosystems 
are commonly referred to as cienegas (Hendrickson and Minckley 1984, 
pp. 133, 169; Minckley and Brown 1994, pp. 223-287). Snails in the 
genus Pyrgulopsis are rarely found in mud or soft sediments (Hershler 
1998, p. 14) and are typically more abundant in gravel to cobble size 
substrates (Frest and Johannes 1995, p. 203; Malcom et al. 2005, p. 75; 
Martinez and Thome 2006, pp. 12-13; Lysne et al. 2007, p. 650). These 
substrate types provide a suitable surface for springsnails to graze 
and lay eggs (Taylor 1987, p. 5; Hersler 1998, p. 14).
    Proximity to springheads, where water emerges from the ground, 
plays a key role in the life history of springsnails. Many springsnail 
species exhibit decreased abundance further away from spring vents, 
presumably due to their need for stable water chemistry and flow regime 
provided by spring waters (Hershler 1984, p. 68; Hershler 1998, p. 11; 
Hershler and Sada 2002, p. 256; Martinez and Thome 2006, p. 14; Tsai et 
al. 2007, p. 216). Several habitat parameters of springs, such as 
substrate, dissolved carbon dioxide, dissolved oxygen, temperature, 
conductivity, and water depth, have been shown to influence the 
distribution and abundance of Pyrgulopsis snails (O'Brien and Blinn 
1999, p. 231-232; Mladenka and Minshall 2001, pp. 209-211; Malcom et 
al. 2005, p. 75; Martinez and Thome 2006, pp. 12-15; Lysne et al. 2007, 
p. 650; Tsai et al. 2007, p. 2006). Dissolved salt may also be an 
important factor, because it is essential for shell formation (Pennak 
1989, p. 552).

Three Forks Springsnail

    The Three Forks springsnail was described as Pyrgulopsis trivialis 
by Hershler (1994, pp. 68-69). We have carefully reviewed the available 
taxonomic information (Landye 1973, p. 49; Taylor 1987, pp. 30-32; 
Hershler and Landye 1988, pp. 32-35; Hershler 1994, pp. 68-69; Hurt 
2004, p. 1176) and conclude that Three Forks springsnail is a valid 
taxon. The Three Forks springsnail is a variably sized species, with a 
shell height (length) of 1.5 to 4.8 millimeters (mm) (0.06 to 0.19 in). 
A detailed description of the identifying characteristics of the Three 
Forks springsnail is found in Taylor (1987, pp. 30-32) and Hershler and 
Landye (1988, pp. 32-35).
    The Three Forks springsnail is known to occur in two separate 
spring complexes, Three Forks Springs and Boneyard Bog Springs in the 
North Fork East Fork Black River Watershed of the White Mountains on 
the Apache-Sitgreaves National Forests in Apache County, east-central 
Arizona (Myers 2000, p. 1; Nelson et al. 2002, p. 5). These spring 
complexes are found in open mountain meadows at 2,500 meters (m) (8,200 
feet (ft)) elevation and are separated by 6 kilometers (km) (3.7 miles 
(mi)) of perennial flowing stream (Martinez and Myers 2008, p. 189). 
The species has been found in free-flowing springheads, concrete boxed 
springheads, spring runs, spring seeps, and shallow ponded water at 
Three Forks Springs and Boneyard Bog Springs (Martinez and Myers 2008, 
p. 189). A springsnail of the same genus was recently found in a spring 
along Boneyard Creek between Three Forks Springs and Boneyard Bog 
Springs (Myers 2010, p. 1). Although the locality of this new site 
suggests it is likely the same species, additional analysis will be 
needed for a definitive determination of its taxonomy.
    Martinez and Myers (2008, p. 189-194) found the presence of Three 
Forks springsnail was associated with gravel/pebble substrates, shallow 
water up to 6 centimeters (cm) (2.4 in) deep, high conductivity, 
alkaline waters of pH 8, and the presence of pond snails, Physa gyrina. 
It has also been shown that density of Three Forks springsnail is 
significantly greater on gravel/cobble substrates (Martinez and Myers 
2002, p. 1; Nelson 2002, p. 1), though the species has been reported as 
``abundant'' in the fine-grained mud of a 0.01 hectare (ha) (0.025 acre 
(ac)) pond at Three Forks (Taylor 1987, p. 32). Abundance has been 
found to decrease downstream from springheads (Nelson et al. 2002, p. 
11), consistent with studies of other springsnails (Hershler 1984, p. 
68; Hershler 1998, p. 11; Hershler and Sada 2002, p. 256; Martinez and 
Thome 2006, p. 14; Tsai et al. 2007, p. 216).
    The Three Forks springsnail was historically abundant at both Three 
Forks and Boneyard Bog springs (Myers 2000, p. 1; Nelson et al. 2002, 
p. 5). Nelson et al. (2002, p. 5) reported Three Forks springsnail 
densities of approximately 60 snails per square meter (72 per square 
yard) at Three Forks and approximately 790 snails per square meter (945 
per square yard) at Boneyard Bog Springs. The number at a single 
springbrook, with an area of 213 square meters (254 square yards), at

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Three Forks Springs in 2002 was estimated at tens of thousands of 
individual snails (Martinez 2009, pp. 31-32). The Three Forks 
springsnail no longer occurs in abundance at Three Forks Springs. Since 
2004, annual surveys at Three Forks have detected very low numbers of 
the species, including two individuals found in August 2005 (Cox 2007, 
p. 1) and three individuals found in July 2008 (Bailey 2008, p. 1). 
Reasons for the decline are discussed in the Threats section of this 
proposed rule. The species continues to be abundant at Boneyard Bog 
Springs (Cox 2007, p. 1).

San Bernardino Springsnail

    The San Bernardino springsnail was described by Hershler (1994, pp. 
21-22) as Pyrgulopsis bernardina from specimens collected at the type 
locality (site of original collection) from two springs on San 
Bernardino Ranch (including Snail Spring), Cochise County, Arizona. We 
have reviewed the available taxonomic information (Landye 1973, p. 34; 
Landye 1981, p. 21; Hershler and Landye 1988, p. 41; Taylor 1987, p. 
34; Hershler 1994, p. 21; Hurt 2004, p. 1176) and conclude that San 
Bernardino springsnail is a valid taxon. The San Bernardino springsnail 
has a narrow-conic shell and a height of 1.3 to 1.7 mm. A detailed 
description of the identifying characteristics of the San Bernardino 
springsnail is found in Hershler (1994, pp. 21-22).
    The historical range of the San Bernardino springsnail in the 
United States may have included at least six populations within a 
complex of spring ecosystems along the Rio San Bernardino (also known 
as San Bernardino Creek or Black Draw) within the headwaters of the Rio 
Yaqui in Cochise County, southern Arizona, on what is now the San 
Bernardino National Wildlife Refuge (NWR) and the adjacent, private 
John Slaughter Ranch, including Snail Spring, House Spring, Horse 
Spring, Goat Tank Spring, House Pond, Tule Spring, and Mesa Seep (Cox 
et al. 2007, pp. 1-2; Service 2007, pp. 82-83; Malcom et al. 2005, p. 
75; Malcom et al. 2003, p. 2; Velasco 2000, p. 1). The current range of 
the species is limited to two or possibly three springs, all located on 
the John Slaughter Ranch. The San Bernardino springsnail has recently 
been confirmed in Goat Tank Spring and Horse Spring (Martinez 2010, p. 
2), though the species appears to exhibit low population numbers at 
these two sites. The species was formerly very abundant at Snail Spring 
on the John Slaughter Ranch (Malcom et al. 2003, p. 17; Malcom et al. 
2005, p. 74) and was last confirmed from that site in 2005 (Cox et al. 
2007, p. 1).
    In Sonora, Mexico, a springsnail in the same family as the San 
Bernardino springsnail occurs in the San Bernardino and Los Ojitos 
cienegas on the private Rancho San Bernardino within 0.25 mi (0.4 km) 
of San Bernardino NWR (Service 2007, p. 82; Malcom et al. 2005, p. 75). 
The snails found in Mexico are likely to be San Bernardino 
springsnails, since they occur in the same drainage; however, 
additional research is needed to verify if this is the case (Hershler 
2009, p. 1; Hershler 2008, p. 1).
    Malcom et al. 2005 (pp. 71, 75-76) showed that the density of San 
Bernardino springsnail was positively associated with cobble 
substrates, higher vegetation density, faster water velocity, higher 
dissolved oxygen, water temperatures of 14 to 22 degrees Celsius, and 
pH values between 7.6 and 8.0. San Bernardino springsnail density 
exhibited positive relationships to sand and cobble substrates, 
vegetation density, and water velocity, and negative relationships to 
silt and organic substrates, and water depth (Malcom et al. 2005, pp. 
75-76). Substrates with higher silt content typically support fewer 
springsnails. No studies have been conducted to determine the species' 
limits or tolerances to specific habitat thresholds.
    Limited information is available on population sizes for the San 
Bernardino springsnail. Malcom et al. (2003, p. 7; 2005, p. 74) 
estimated average springsnail density as 55,929 individuals per square 
meter (66,893 per square yard) at Snail Spring from September 2001 to 
March 2002. The species appears to occur in low population numbers at 
Goat Tank Spring and Horse Spring, often making detection difficult.

Summary of Factors Affecting the Species

    Section 4 of the Act and implementing regulations at 50 CFR part 
424 set forth procedures for adding species to the Federal Lists of 
Endangered and Threatened Wildlife and Plants. A species may be 
determined to be an endangered or threatened species due to one or more 
of the five factors described in section 4(a)(1) of the Act: (A) The 
present or threatened destruction, modification, or curtailment of its 
habitat or range; (B) overutilization for commercial, recreational, 
scientific, or educational purposes; (C) disease or predation; (D) the 
inadequacy of existing regulatory mechanisms; and (E) other natural or 
manmade factors affecting its continued existence. Listing actions may 
be warranted based on any of the above threat factors, singly or in 
combination. Each of these factors is discussed below.

A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range

Wildfire Suppression
    Fire frequency and intensity in southwestern forests are altered 
from historical conditions (Dahms and Geils 1997, p. 34; Danzer et al. 
1997, p. 1). Before the late 1800s, surface fires generally occurred at 
least once per decade in montane forests with a pine component (Swetnam 
and Baisan 1996, p. 15), landscapes similar to those within which the 
Three Forks springsnail occurs. During the early 1900s, frequent 
widespread ground fires ceased to occur due to intensive livestock 
grazing that removed fine fuels, such as grasses. Coupled with fire 
suppression, changes in fuel load began to alter forest structure and 
natural fire regime (Dahms and Geils 1997, p. 34). Absence of low-
intensity ground fires allowed a buildup of woody fuels that resulted 
in infrequent, but very hot, stand replacing fires (very hot fires 
which kill all or most of aboveground parts of the dominant vegetation, 
changing the aboveground structure substantially) (Danzer et al. 1997, 
p. 9; Dahm and Geils 1997, p. 34).
    On May 17, 2004, and June 8, 2004, two wildfires, the KP and Three 
Forks fires, ignited near one another on U.S. Forest Service (USFS) 
lands and developed into hot crown fires (fires burning in tree 
canopies). Initial fire suppression efforts by the USFS were 
unsuccessful, and the USFS authorized additional actions to protect 
resources from what they considered to be extreme fire behavior (USFS 
2005, p. 2-3). The additional actions included application of aerial 
fire retardants. Although this fire complex did not directly burn the 
Three Forks Springs area, surface waters within the Three Forks fire 
area were exposed to fire retardant (chemicals used to suppress fire) 
that likely drifted from high elevation retardant releases from 
aircraft (USFS 2005, pp. 4, 12).
    Fire retardants are toxic to springsnails when they enter the 
aquatic systems the snails occupy. Some fire retardant chemicals are 
ammonia-based, which are toxic to aquatic wildlife; however, many 
formulations also contain yellow prussiate of soda (sodium 
ferrocyanide), which is added as an anticorrosive agent. Such 
formulations are toxic for fish, aquatic invertebrates, and algae 
(Angeler et al.

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2006, pp. 171-172; Calfee and Little 2003, pp. 1527-1530; Little and 
Calfee 2002, p. 5; Buhl and Hamilton 1998, p. 1598; Hamilton et al. 
1998, p. 3; Gaikwokski et al. 1996, pp. 1372-1373). Toxicity of these 
formulations is enhanced by sunlight (Calfee and Little 2003, pp. 1529-
1533). Contamination of aquatic sites can occur via direct application 
or runoff from treated uplands.
    During the fire suppression activities in the vicinity of Three 
Forks Springs, approximately 108,610 gallons (411,130 liters) of aerial 
fire retardant were applied (USFS 2005, p. 3). The nearest documented 
release into a waterway was 0.65 mi (1.05 km) from Three Forks Springs, 
though other undocumented aerial releases in the area could have been 
closer. The USFS (2005, p. 12) concluded that lethal concentrations of 
retardant contaminated Three Forks Springs waters. This contamination 
resulted in the near disappearance of springsnails following the fire. 
Available data indicate that the species was still abundant in all 
historically occupied sites at Three Forks Springs in 2002 and 2003, 
just prior to the fire (Arizona Game and Fish Department (AGFD) 2008, 
p. 57-70; Martinez 2009, pp. 31-32). Surveys in 2004, immediately 
following the fire, failed to locate any springsnails. 2005 surveys 
detected only two snails (Cox 2007, p. 1), 2008 surveys detected only 
three snails (Bailey 2008, p. 1), 2009 surveys located only one snail 
(Grosch 2010, p. 1), and 2010 surveys did not detect any snails 
(Sorensen 2010, p.1). Since these are short-lived species, finding even 
a few individuals 4 and 5 years after the fire seems to indicate that 
the species continues to persist, though precariously, at Three Forks 
Springs.
    Lack of vegetation and forest litter following intense crown fires 
can expose soils to surface erosion during storms, often causing 
sedimentation, and erosion in downstream drainages (DeBano and Neary 
1996, pp. 70-75). Surface erosion could not have directly affected the 
Three Forks springsnail or its habitat because the spring area did not 
burn. We do not have information that surface erosion following any 
wildfires has affected the Three Forks springsnail or its habitat in 
the past. However, since both Three Forks and Boneyard Bog spring 
complexes are surrounded by dense coniferous forests, it is reasonable 
to expect that surface erosion from high intensity wildfires may 
threaten them in the future.
    Considering the toxic effect of fire retardant and the high 
potential for future wildfires in the area with exposure at both Three 
Forks and Boneyard Bog springs, we conclude there is a high risk that 
the Three Forks springsnail could become extinct due to exposure to 
fire retardant chemicals in its habitat.
    While fires occur within the range of the San Bernardino 
springsnail, we have no information on fire frequency or intensity in 
this area. However, if a wildfire were to occur, suppression efforts 
could include the application of fire retardant chemicals. In this 
scenario, we would expect San Bernardino springsnails to react 
negatively to exposure to fire retardants. Because wildfire is 
unpredictable, and exposure to fire retardants could occur in the 
future, we believe this represents a potential threat to the species.
Ungulate Grazing
    Ungulate (hoofed mammal) grazing on spring ecosystems can alter or 
remove springsnail habitat and limit the distribution of springsnails, 
or result in extirpation. For instance, cattle trampling at a spring in 
Owens Valley, California, reduced banks to mud and sparse grass, 
limiting the occurrence of the endangered Fish Slough springsnail 
(Pyrgulopsis pertubata) (Bruce and White 1998, pp. 3-4). Additionally, 
a population of another closely related springsnail, Chupadera 
springsnail, (P. chupaderae), endemic to Socorro County, New Mexico, 
was extirpated due to the impacts of livestock grazing on its habitat 
(Arritt 1998, p. 10).
    Since the mid- and late 1990s, livestock have been fenced out of 
both Three Forks and Boneyard Bog springs. However, free-ranging elk 
(Cervus elaphus) have access to both spring complexes. During field 
surveys in 2000 and 2008, Service staff noted evidence of elk wallowing 
at Boneyard Bog Springs (Martinez 2000, p. 1; Martinez 2008, p. 1). 
Areas affected by wallowing were characterized by banks reduced to mud 
and sparse grass, with stagnant, rather than flowing, water. These are 
not optimal habitat conditions for the Three Forks springsnail. 
Although the AGFD have stated that elk wallowing at Boneyard Bog 
Springs may be a problem for maintaining springhead integrity, they did 
not find the amount of habitat disturbed alarming (Shroufe 2003, p. 5). 
We have discussed with AGFD and the Forest Service the possibility of 
constructing an elk fence, but no action has been taken. Nevertheless, 
the maintenance of springhead integrity is critical to maintaining 
water quality and conserving springsnails (Hershler and Williams 1996, 
p. 1). The observed changes to springsnail habitat resulting from elk 
use at Boneyard Bog Springs threatens the integrity of the spring 
system.
    Ungulate grazing is not believed to be a current threat for the San 
Bernardino springsnail. Cattle grazing does not currently occur on the 
San Bernardino NWR. A small number of cattle graze on the John 
Slaughter Ranch, but they do not have access to the spring sites. Horse 
Spring is located in a horse pen (Martinez 2010, p. 2), but it is 
unclear what effect, if any, the horses have on the spring. However, 
past cattle grazing may have played a role in the extirpation of the 
species from what may have been its historical range. The San 
Bernardino Valley, including the John Slaughter Ranch, historically 
supported extensive cattle ranching (Hendrickson and Minckley 1984, pp. 
142-144; Service 2007, p. iii-iv). At one time, livestock likely had 
access to all spring habitats along the Rio San Bernardino.
Springhead Inundation
    Springhead inundation refers to pooling of water over a spring vent 
resulting in ponded water, sometimes relatively deep, that would 
otherwise exist as shallow free-flowing water. Inundation can alter 
springsnail habitats by causing shifts in water depth, velocity, 
substrate composition, vegetation, and water chemistry. Inundation has 
negatively affected other springsnails (70 FR 46304, August 9, 2005).
    Three Forks springsnail habitats have been subjected to minor 
inundation. During the 1930s, concrete boxes were constructed around 
four springheads at Three Forks Springs. However, these boxes are small 
and the majority of the springs affected still exist as shallow, 
flowing-water ecosystems below the springboxes. Also, the species had 
been known to be locally abundant within springboxes until 1999, when 
the extirpation of the species from at least two boxed springheads at 
Three Forks Springs was noted (Myers 2000, p. 1). Extirpation is 
believed to be linked to invasion by the northern crayfish (Orconectis 
virilis) (see Factor C below). Habitats at Boneyard Bog Springs have 
not been affected by inundation. Springhead inundation does not appear 
to be a substantial threat to the Three Forks springsnail because 
inundated springheads are in a relatively small portion of the species' 
occupied habitat, and the springboxes are relatively small.
    Springhead inundation may be a threat to the San Bernardino 
springsnail. Three unnamed springs on the Slaughter Ranch no longer 
exist as free-flowing waters. Instead the springheads have been 
converted into one large

[[Page 20468]]

artificial pond referred to as House Pond, which serves as an important 
refuge for several native Yaqui fishes. Since inundation of this 
habitat, the San Bernardino springsnail has not been found in these 
springs, although it was previously believed to occur there (Cox et al. 
2007, p.1).
Groundwater Depletion
    Habitat loss due to groundwater depletion, or loss of water flow, 
is the primary threat to the San Bernardino springsnail. Since spring 
ecosystems rely on water discharged to the surface from underground 
aquifers, depletion of these groundwater sources can result in drying 
of springs. This threat is severe for the San Bernardino springsnail 
because, like all springsnails, it is strictly aquatic, breathing 
through an internal gill and filtering aquatic organisms for food. 
Groundwater depletion has been recognized as a threat to the biota of 
the Rio San Bernardino and associated springs for many years in the 
Yaqui Fishes listing document (49 FR 34490, August 31, 1984) and the 
Recovery Plan for Yaqui Fishes (Service 1994, p. 17). The extirpation 
of several suspected populations of San Bernardino springsnail are 
believed to have been caused by the loss of water flow attributable to 
water depletion and diversion for domestic water use (Landye 1973, p. 
34; Malcom et al. 2003, p. 17), though the taxonomy of those 
populations is unconfirmed.
    Two distinct aquifers exist in the San Bernardino Valley basin, one 
deep and the other shallow (Earman et al. 2003, p. 35). These aquifers 
exhibit different chemical and thermal properties. Many of the springs 
in the area are influenced by both the deep and the shallow aquifers 
(Earman et al. 2003, p. 166; Malcom et al. 2005, pp. 75-76). House 
Spring, Snail Spring, and Goat Tank Spring have a different chemical 
composition (isotopic signatures) than other springs in the area, as 
well as one another (Earman et al. 2003, p. 166), indicating that the 
interaction between the deep aquifer, shallow groundwater, and spring 
sources, is a complex phenomenon.
    Managers of Slaughter Ranch operate an irrigation system that 
relies on the shallow aquifer and surface water from House Pond to 
provide water to turf grass and to a cattle pasture (Malcom et al. 
2003, p. 18; Malcom 2007, p. 1; Cox et al. 2007, p. 2). Malcom (2007, 
p.1) and Cox (2007, p. 1) both reported a visible decline in flow from 
Snail and Tule Springs when this irrigation system is running. This may 
indicate that the drawdown of House Pond on the Slaughter Ranch is 
hydrologically connected to Snail Spring, or otherwise influences 
spring flow. However, we have no direct evidence to prove this is the 
case. Regardless, Snail Spring no longer discharges from the 
springhead, and the presence of the San Bernardino springsnail was not 
documented during 2010 spot surveys in areas where it was previously 
abundant (Martinez 2010, p. 1). The factors contributing to the decline 
in spring water flows in the San Bernardino Valley, including those 
located on the Slaughter Ranch and the San Bernardino NWR, may include 
irrigation, groundwater pumping, extended drought conditions, climate 
change, and the natural dynamics of groundwater systems.
    Regardless of the mechanisms, the cessation of water flow at Snail 
Spring dates back to at least the summer of 2002, when San Bernardino 
NWR staff and Slaughter Ranch managers tapped into the Slaughter Ranch 
domestic water supply from House Spring to maintain springsnail habitat 
(Smith 2003, p. 1; Malcom 2003, p. 18; Malcom 2007, p. 1). Use of the 
Slaughter Ranch domestic water supply to support springsnails was 
intended as an emergency measure that ultimately could not be 
maintained by House Spring. As a result, surface flow at Snail Spring 
has been periodically augmented by Slaughter Ranch managers using water 
diverted from House Pond. While the perception is that such 
augmentation maintains spring flow, the water chemistry of House Pond 
is believed to differ significantly from the water chemistry that would 
naturally flow from Snail Spring. Consistent natural water flow has not 
been observed in Snail Spring since 2005, and spot surveys have not 
found the San Bernardino springsnail since then (Cox et al. 2007, p. 1; 
Malcom 2007, p.1; Service 2007, p. 83; Martinez 2010, p. 1). However, 
these spot surveys have not been intensive, and it is possible the 
species has managed to survive in wet areas where an overflow pipe 
discharges water from House Pond, several meters downstream of the 
springhead.
    We have no information indicating that Goat Tank Spring or Horse 
Spring has experienced any loss of water flow. Because the groundwater 
system feeding these springs comprises complex interactions between two 
separate aquifers, we cannot predict if these two springs will 
eventually cease flowing, as did the springhead at Snail Spring. Even 
though the species continues to persist at Goat Tank and Horse Springs, 
it occurs in low numbers most likely due to sub-optimal habitat 
conditions.
    If groundwater depletion results in the continued drying of Snail 
Spring, a large part of the known range of the San Bernardino 
springsnail would be eliminated, and the San Bernardino springsnail 
would be more vulnerable to extinction. If groundwater depletion were 
to affect Goat Tank Spring and Horse Spring, the entire range of the 
species could be eliminated.
    Groundwater depletion is not currently known to be a threat to the 
Three Forks springsnail.
Pesticides
    Spring endemic species are typically adapted to the unique 
environmental conditions provided by spring water and may be quite 
sensitive to shifts in water quality (Hershler 1998, p. 11), including 
those caused by contamination. Malcom et al. (2003, p. 17) consider 
contamination from pesticides to be a significant threat to the San 
Bernardino springsnail because a number of herbicides and other 
pesticides have traditionally been used adjacent to springs on the 
Slaughter Ranch to maintain landscape conditions (Service 2005, p. 4). 
These include Roundup[supreg] and Rodeo[supreg], which contain 
glyphosate, a broad-spectrum herbicide, with high water solubility. 
Pesticides with glyphosate can be slightly to moderately toxic to 
aquatic organisms, particularly zooplankton and microalgae (Montenegro-
Rayo 2004, p. 34), which are food for springsnails.
    In addition to possibly contaminating the food base for the 
springsnail, there may be direct effects to the springsnail. Tate et 
al. (1997, p. 286) reported that glyphosate killed half of the aquatic 
snails in the snail mimic lymnaea (Pseudosuccinea columella) when the 
dosage was 0.004 ounces per quart (99 milligrams per liter). In the 
same study, Tate et al. (1997, p. 286) continually exposed three 
successive generations of snails to varying concentrations of 
glyphosate in water. The results of the study indicate that long-term 
exposure to sub-lethal concentrations of glyphosate had a delayed 
effect on growth and development, egg-laying capacity, and hatching of 
mimic lymnaea snails (Tate et al. 1997, p. 288). Less than 50 percent 
of the eggs hatched at a dosage of 0.0004 ounces per quart (10 
milligrams per liter). Thus, sub-lethal, as well as lethal, effects 
from the use of glyphosate or other pesticides on the Slaughter Ranch 
may be of concern for the San Bernardino springsnail.
    We are unaware of any threat from pesticides to the Three Forks 
springsnail, because we have no information that pesticides are used in

[[Page 20469]]

the vicinity of Three Forks or Boneyard Bog springs.
    In summary, the present destruction, modification, and curtailment 
of habitat and range of the Three Forks springsnail and the San 
Bernardino springsnail pose significant threats to these species. 
Threats to the habitat of the Three Forks springsnail are occurring 
principally from exposure to wildfire and fire retardants, and 
uncontrolled wild ungulate grazing. Threats to the habitat of the San 
Bernardino springsnail are caused by springhead inundation, groundwater 
depletion, and pesticide contamination.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    Both the Three Forks and San Bernardino springsnails have been 
subjected to a limited number of scientific studies aimed at 
determining taxonomy, distribution, and habitat use. Although sampling 
can reduce population size of springsnails (Martinez and Sorensen 2007, 
p. 29), studies conducted on the Three Forks and San Bernardino 
springsnails have not resulted in the removal of large numbers of 
snails, and we do not believe they have had discernible effects on any 
population.
    Unauthorized collecting has been identified as a threat to other 
snails, including springsnails (65 FR 10033, February 25, 2000; 58 FR 
5938, January 25, 1993; 56 FR 49646, September 30, 1991), due to their 
rarity, restricted distribution, and generally well-known locations. 
However, there is currently no documentation of collection being a 
significant threat to either the Three Forks or San Bernardino 
springsnail.
    In summary, we find that the Three Forks and San Bernardino 
springsnails are not threatened by overutilization for commercial, 
recreational, scientific, or educational purposes now, or in the 
foreseeable future.

C. Disease or Predation

    Exceptionally heavy parasitism on the female reproductive system of 
the Three Forks springsnail has been observed on specimens from Three 
Forks Springs (Taylor 1987, p. 31). These parasites were not described, 
but aquatic snails are known to serve as intermediate hosts for a 
variety of parasitic flatworms (Dillon 2000, p. 227; Schmidt and 
Roberts 2000, p. 1). Parasitic infection can result in castration of 
individual snails, and may contribute to population decline (Dillon 
2000, pp. 270-272). However, we have no information on whether this has 
occurred to the Three Forks springsnail populations. No information is 
available on parasites for the San Bernardino springsnail.
    Springsnails are vulnerable to predation by a variety of fish, 
amphibians, reptiles, mammals, and macroinvertebrates (Dillon 2000, p. 
273). Nonnative crayfish are known predators of aquatic snails 
(Fernandez and Rosen 1996, pp. 24-25; Parkyn et al. 1997, p. 690). Gut 
content analysis has shown that nonnative mosquitofish (Gambusia 
affinis) consumes springsnails (Raisanen 1991, p. 71).
    Nonnative crayfish likely prey on the Three Forks springsnail. 
These crayfish are relatively recent invaders at both Three Forks and 
Boneyard Bog springs. In a laboratory aquaria experiment that mimicked 
stream conditions found at Three Forks Springs, crayfish consumed 
snails in the family Physidae (which occupy similar habitats as 
springsnails) and their eggs within 1 week (Fernandez and Rosen 1996, 
pp. 24-25).
    As discussed under Factor A, the Three Forks springsnail has been 
extirpated from concrete-boxed springheads at Three Forks Springs where 
it previously survived in abundance (Myers 2000, p. 1). The extirpation 
of the species from these springboxes coincided with the invasion of 
nonnative crayfish. Recognizing the threat, AGFD personnel conducted an 
intensive crayfish trapping program aimed at reducing potential 
predatory pressure at Three Forks Springs (Nelson et al. 2002, pp. 4, 
6). Complete elimination of crayfish from an aquatic system is usually 
not possible (Helfrich et al. 2001, p. 4), and that was the case with 
the trapping effort at Three Forks Springs. Arizona has no native 
crayfish species (Inman 1999, p. 6). Since the Three Forks springsnail 
did not evolve in the presence of crayfish and is likely not 
evolutionarily adapted to cope with introduced crayfish, it is more 
susceptible to crayfish predation.
    We are unaware of the presence of significant populations of 
nonnative predators within springs occupied by the San Bernardino 
springsnail.
    In summary, we find that predation by nonnative crayfish is a 
threat to the Three Forks springsnail, but predation is not known to be 
a threat to the San Bernardino springsnail. We have no information 
indicating that disease is a threat for either species.

D. The Inadequacy of Existing Regulatory Mechanisms

    A primary cause of decline of these springsnails is the loss, 
degradation, and fragmentation of habitat due to human activities, 
particularly application of aerial fire retardant, introduction of 
nonnative crayfish, groundwater depletion, and application of 
pesticides. Existing Federal, State, and local laws have been unable to 
prevent ongoing loss of the limited habitat of these springsnails, and 
they are not expected to prevent further declines of the species.
    The policy for delivery of wildland fire chemicals near waterways 
on USFS lands is described in the Interagency Standards for Fire and 
Fire Aviation Operations developed by the National Interagency Fire 
Center (NIFC). The policy directs the USFS to avoid aerial application 
of wildland fire chemicals within 300 ft (91 m) of waterways and avoid 
any ground application of wildland fire chemicals into waterways (NIFC 
2011, p. 3). The closest accidental delivery of fire retardant into a 
waterway was approximately 0.65 mi (1 km) upstream of Three Forks 
Springs (USFS 2005, p. 12), well over the 300 ft (91 m) buffer 
established by NIFC policy. Nevertheless, all aquatic areas at Three 
Forks Springs were affected by fire retardant drift (USFS 2005, pp. 4, 
12), likely from other unrecorded high-elevation drops. Additionally, 
although long term fire retardants containing sodium ferrocyanide are 
no longer on the USFS qualified products list as they were at the time 
of the KP/Three Forks Fires, fire retardant products currently on the 
qualified products list still contain substances toxic to the snail, as 
described under Factor A. Therefore, we find the existing regulatory 
mechanisms inadequate to protect the Three Forks springsnail from the 
detrimental effects of fire retardant drift.
    The application of glyphosate herbicide within or near Snail 
Spring, Goat Tank Spring, and Horse Spring is not regulated. The 
Environmental Protection Agency is responsible for controlling the 
application of pesticides, which they do by putting a specimen label on 
each pesticide container that explains restrictions on their use. The 
specimen label for Rodeo[supreg], which is believed to be applied to 
the grass lawn on the Slaughter Ranch, does not restrict its use within 
and near aquatic sites (DowAgroSciences 2006, p. 11). Therefore, the 
label is inadequate to protect the San Bernardino springsnail from the 
detrimental effects of exposure to glyphosate.
    The AGFD has conducted intensive crayfish trapping at Three Forks 
Springs in an effort to curb predation on the Three Forks springsnail. 
However, these efforts have not eliminated crayfish at Three Forks 
Springs nor prevented their spread into Boneyard Bog Springs. Existing 
regulatory mechanisms to prevent introduction of nonnative crayfish and 
to control them, once

[[Page 20470]]

introduced, are inadequate to protect the Three Forks springsnail.
    We are not aware of State laws or local ordinances that would limit 
the use of groundwater on the Slaughter Ranch or in the San Bernardino 
watershed; an adequate groundwater supply is needed to protect and 
restore spring flow at Snail Spring and Tule Spring. Spring flow at 
Snail Spring seems to be reduced at times when the shallow groundwater 
aquifer is drawn down by the Slaughter Ranch and other users of the 
aquifer. There is a Warranty Deed that reserves water rights on the 
Slaughter Ranch to The Nature Conservancy (TNC), which previously owned 
the ranch (TNC 1982, pp. 1-20; Malcom 2007, p. 1; Eiden 2007, p. 1). 
When TNC sold what is now the San Bernardino NWR to the Service, and 
the Slaughter Ranch to private landowners, it conveyed all water rights 
it held and the control of the use of water on the ranch to the 
Service. Thus, through the Warranty Deed, the Service has the right to 
control the use of water on the Slaughter Ranch. The Service can 
withhold its consent for planned water uses and other activities by the 
owner and managers of the Slaughter Ranch if it determines that such 
activities may have an adverse effect on the fish and snail species 
occurring on the ranch. The San Bernardino NWR has proactively worked 
with the ranch over the past several years to moderate irrigation water 
use, and to install a water line from House Spring to assist in the 
maintenance of water flow at Snail Spring. The San Bernardino NWR is in 
the process of evaluating other sources of water for irrigation by the 
Slaughter Ranch that are not hydrologically connected to the shallow 
aquifer spring system. Although the Service is the sole owner of the 
water rights being used by the Slaughter Ranch, the San Bernardino NWR 
is initiating discussions with the Arizona Department of Water 
Resources to properly claim the water rights conveyed to the United 
States and to establish an agreement with the Slaughter Ranch for water 
use. Through these efforts we are hopeful that we can eventually ensure 
reliable flow and adequate water quality to provide for the continued 
survival of the species. At this time, however, threats to the San 
Bernardino springsnail from groundwater depletion persist.
    Since 1919, Arizona's courts have handled surface water and 
groundwater separately. Surface water allocations are based on the 
``first in time, first in right'' priority system, while groundwater is 
generally governed by the ``reasonable use'' doctrine, which indicates 
that the landowner, without waste, can use water beneath the land for 
any beneficial purpose. Because the water rights system does not 
acknowledge the hydrologic connection between surface water and 
groundwater, it generally is not possible to limit groundwater pumping 
in order to protect surface water rights (Arizona Department of Water 
Resources 2009, p. 1).
    Take of the Three Forks springsnail and the San Bernardino 
springsnail is regulated by Arizona Game and Fish Commission Order 42, 
which establishes no open season (no collecting) for any snail species 
in the genus Pyrgulopsis (AGFD 2009, p. 1). Although Order 42 prohibits 
direct taking of individuals, it does not prohibit habitat 
modification. Both species are also identified as priority species in 
the State Wildlife Action Plan prepared by AGFD. This plan helps guide 
AGFD and other agencies in determining what biotic resources should 
receive priority management consideration. However, it is not a 
regulatory document.
    In summary, current regulatory mechanisms do not provide adequate 
protection for Three Forks and San Bernardino springsnail habitat from 
modification or destruction or the spread of nonnative predators. USFS 
and State regulatory mechanisms are adequate to control recreation and 
scientific collecting, but these do not appear to be threats to either 
species at this time.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Invasive Competitors
    The nonnative New Zealand mudsnail (Potamopyrgus antipodarum) is an 
invasive freshwater snail of the family Hydrobiidae that has become a 
concern for spring-dependent aquatic snails, including springsnails. 
The mudsnail is known to compete with and slow the growth of native 
freshwater snails, including springsnails (Lysne and Koetsier 2008, pp. 
103, 105; Lysne et al. 2007, p. 6). There is potential for invasion 
into the spring ecosystems occupied by the Three Forks and San 
Bernardino springsnails because the mudsnail can be easily transported 
and unintentionally introduced into aquatic environments via birds, 
recreationists, researchers, and resource managers.
    The mudsnail was first discovered in the United States in the Snake 
River, Idaho, in 1987 and has since spread to the Colorado River basin 
in the western United States (U.S. Geological Survey 2002, p. 1). New 
Zealand mudsnails were detected along the Colorado River at Lee's Ferry 
in northern Arizona in 2002 (AGFD 2002, p. 1). Since that time, 
detections of this exotic species have occurred along the Colorado 
River at the confluence of Diamond Creek, 226 miles downstream of Lee's 
Ferry (Montana State University 2008, p. 1), and more recently at 
Willow Beach Fish Hatchery, downstream of Lake Mead (Olson 2008, pp. 1-
2). New Zealand mudsnails were also detected in Utah in 2001 and their 
dispersal through that State has been rapid (Vinson 2004, p. 9).
    The mudsnail has characteristics that enable it to out-compete and 
replace native springsnails. Mudsnails tolerate a wide range of 
habitats, and can reach densities exceeding tens of thousands per 
square meter, particularly in systems with high primary productivity, 
constant temperatures, and constant flow (typical of spring systems), 
though faster moving water seems to limit colonization (Richards et al. 
2001, pp. 378-379). Mudsnails can dominate the invertebrate composition 
of an aquatic system, accounting for up to 97 percent of invertebrate 
biomass (Hall et al. 2003, p. 409). In doing so, they can consume 
nearly all microorganisms attached to submerged substrates, making food 
no longer available for native species, in particular springsnails 
(Hall et al. 2003, p. 409). Although invasion by mudsnails is not 
considered an imminent threat, if the New Zealand mudsnail were to be 
introduced into the spring systems harboring the Three Forks or San 
Bernardino springsnail, the effect on springsnail populations could be 
devastating. Additionally, control would be difficult because mudsnails 
are small and therefore cryptic, and because chemical treatment to 
eradicate them would also eradicate springsnails.
Climate Change
    Seagar et al. (2007, pp. 1181-1184) analyzed 19 computer models of 
different variables to estimate the future climatology of the 
southwestern United States and northern Mexico in response to 
predictions of changing climatic patterns. All but 1 of the 19 models 
predicted a drying trend within the Southwest; one predicted a trend 
toward a wetter climate (Seager et al. 2007, p. 1181). A total of 49 
projections were created using the 19 models and all but 3 predicted a 
shift to increasing aridity (dryness) in the Southwest as early as 
2021-2040 (Seager, et al. 2007, p. 1181). The Three Forks and San 
Bernardino springsnails depend on permanent flowing water for survival. 
Wetlands in the Southwest and northern Mexico are predicted to be at 
risk of drying (Seager et al. 2007, pp. 1183-1184), which has severe 
implications for

[[Page 20471]]

aquatic ecosystems. Potential drought associated with changing climatic 
patterns may adversely affect the spring habitats of the Three Forks 
and San Bernardino springsnails, not only reducing water availability, 
but also altering food availability and predation rates.
    There are three predictions for anticipated effects from climate 
change in the Southwest. First, climate change is expected to shorten 
periods of snowpack accumulation, as well as lessen snowpack levels. 
With gradually increasing temperatures and reduced snowpack (due to 
higher spring temperatures and reduced winter-spring precipitation), 
annual runoff will be reduced (Garfin 2005, p. 42; Smith et al. 2003, 
p. 226), consequently reducing groundwater recharge. Second, snowmelt 
is expected to occur earlier in the calendar year because increased 
minimum winter and spring temperatures could melt snowpacks sooner, 
causing peak water flows to occur much sooner than the historical 
spring and summer peak flows (Garfin 2005, p. 41; Smith et al. 2003, p. 
226; Stewart et al. 2004, pp. 217-218, 224, 230) and reducing flows 
later in the season. Third, the hydrologic cycle is expected to become 
more dynamic on average with climate models predicting increases in the 
variability and intensity of rainfall events. This will modify 
disturbance regimes by changing the magnitude and frequency of floods. 
All of these anticipated effects may alter the habitat for the 
springsnails by altering surface water flow and ground water recharge.
    In addition, there will be increases in riverine system 
temperatures in drier climates that will result in periods of prolonged 
low flows and stream drying (Rahel and Olden 2008, p. 526) and will 
increase demand for water storage and conveyance systems (Rahel and 
Olden 2008, pp. 521-522). Warmer water temperatures across temperate 
regions are predicted to expand the distribution of existing aquatic 
nonnative species. In a study that compared the thermal tolerances of 
57 fish species with predictions made from climate change temperature 
models, Mohseni et al. (2003, p. 389) concluded that there would be 31 
percent more suitable habitat for aquatic nonnative species, which are 
often tropical in origin and adaptable to warmer water temperatures. 
This could result in an expansion in the range of nonnative species 
that is detrimental to the viability of springsnail populations.
    Warmer water temperatures, altered stream flow events and 
groundwater recharge, and increased demand for water storage and 
conveyance systems (Rahel and Olden 2008, pp. 521-522) are all likely 
to exacerbate existing threats to the Three Forks and San Bernardino 
springsnails and their habitats.
Endemism
    Endemic species (organisms with narrowly distributed isolated 
populations) are susceptible to extinction from natural or human caused 
events. Biological and ecological factors that put a species at risk of 
extinction include specialized habitat preference, restricted 
distribution, poor dispersal ability, population size, fragmentation of 
range, and life history specialization (McKinney 1997, p. 497; O'Grady 
et al. 2004, p. 514), all of which characterize the Three Forks and San 
Bernardino springsnails. In addition, both species have suffered 
substantial reductions in overall numbers and populations. Although 
rarity itself is not a threat, rarity coupled with existing threats 
puts them at risk of decreased population viability, loss of genetic 
diversity, and outright extinction.
    Extinction rates for freshwater species are five times higher than 
those for terrestrial species (Ricciardi and Rasmussen 1999, p. 1220). 
Spring-dependent species, such as springsnails, are especially at risk 
because spring ecosystems harbor a disproportionate percentage of 
endemic species (Minckley and Unmack 2000, pp. 52-53; Shepard 1993, pp. 
354-357). Because both species have a very limited range, their 
populations are disjunct and isolated from each other, and potential 
habitat areas are isolated, they are particularly vulnerable to 
localized extinction should their habitat be degraded or destroyed. 
Because their mobility is limited, populations will have little 
opportunity to leave degraded habitat areas in search of suitable 
habitat. As a result, one contamination or wildfire event in the case 
of the Three Forks springsnail, or a short period of drawdown or 
exposure to pesticides in the aquatic habitat of the San Bernardino 
springsnail, could result in the loss of an entire population.

Proposed Determination

    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to the Three Forks springsnail and the San Bernardino springsnail. The 
habitat and range of both species are threatened with destruction, 
modification, and curtailment. Existing regulatory mechanisms do not 
provide adequate protection for these species, and other natural and 
manmade factors affect their continued existence. The Three Forks 
springsnail is also threatened by predation. These endemic species are 
threatened by limited distribution, lack of mobility, and the isolation 
of populations. As a result, any impact from increasing threats (loss 
of spring flow, contaminants) is likely to result in their extinction 
because the magnitude of threats is high.
    The Endangered Species Act (Section 3(5)(C)(6) defines an 
endangered species as ``any species which is in danger of extinction 
throughout all or a significant portion of its range.'' Based on the 
immediate and ongoing significant threats to the Three Forks 
springsnail and San Bernardino springsnail throughout their entire 
limited range, such as habitat destruction from loss of spring flow, 
contamination, predation, and endemism), we consider both species to be 
in danger of extinction throughout all of their range. Therefore, the 
species is proposed as endangered, rather than threatened, because the 
threats are occurring now, making the species at risk of extinction at 
the present time. Since threats extend throughout their entire range, 
it is unnecessary to determine if they are in danger of extinction 
throughout a significant portion of their range. Therefore, on the 
basis of the best available scientific and commercial information, we 
are proposing to list the Three Forks springsnail and the San 
Bernardino springsnail as endangered species throughout their entire 
range.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing results in public awareness and 
conservation by Federal, state, Tribal, local agencies, private 
organizations, and individuals. The Act encourages cooperation with the 
States and requires that recovery actions be carried out for all listed 
species. The protection measures required of Federal agencies and the 
prohibitions against certain activities are discussed, in part, below.
    The primary purpose of the Act is the conservation of endangered 
and threatened species and the ecosystems upon which they depend. The 
ultimate goal of such conservation efforts is the recovery of these 
listed species, so that they no longer need the protective measures of 
the Act. Subsection 4(f) of the Act requires the Service to develop and 
implement recovery plans for the

[[Page 20472]]

conservation of endangered and threatened species. The recovery 
planning process involves the identification of actions that are 
necessary to halt or reverse the species' decline by addressing the 
threats to its survival and recovery. The goal of this process is to 
restore listed species to a point where they are secure, self-
sustaining, and functioning components of their ecosystems.
    Recovery planning includes the development of a recovery outline 
shortly after a species is listed, preparation of a draft and final 
recovery plan, and revisions to the plan as significant new information 
becomes available. The recovery outline guides the immediate 
implementation of urgent recovery actions and describes the process to 
be used to develop a recovery plan. The recovery plan identifies site-
specific management actions that will achieve recovery of the species, 
measurable criteria that determine when a species may be downlisted or 
delisted, and methods for monitoring recovery progress. Recovery plans 
also establish a framework for agencies to coordinate their recovery 
efforts and provide estimates of the cost of implementing recovery 
tasks. Recovery teams (comprised of species experts, Federal and State 
agencies, nongovernmental organizations, and stakeholders) are often 
established to develop recovery plans. When completed, the recovery 
outline, draft recovery plan, and the final recovery plan will be 
available from our Web site (http://www.fws.gov/endangered), or from 
our Arizona Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States, non-governmental organizations, businesses, and 
private landowners. Examples of recovery actions include habitat 
restoration (e.g., restoration of native vegetation), research, captive 
propagation and reintroduction, and outreach and education. The 
recovery of many listed species cannot be accomplished solely on 
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires 
cooperative conservation efforts on private and State lands.
    If these species are listed, funding for recovery actions will be 
available from a variety of sources, including Federal budgets, State 
programs, and cost share grants for nonfederal landowners, the academic 
community, and nongovernmental organizations. In addition, pursuant to 
section 6 of the Act, the State of Arizona would be eligible for 
Federal funds to implement management actions that promote the 
protection and recovery of the Three Forks springsnail and San 
Bernardino springsnail. Information on our grant programs that are 
available to aid species recovery can be found at: http://www.fws.gov/grants.
    Although the Three Forks springsnail and San Bernardino springsnail 
are only proposed for listing under the Act at this time, please let us 
know if you are interested in participating in recovery efforts for 
this species. Additionally, we invite you to submit any new information 
on this species whenever it becomes available and any information you 
may have for recovery planning purposes (see FOR FURTHER INFORMATION 
CONTACT).
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is proposed or 
listed as endangered or threatened and with respect to its critical 
habitat, if any is designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(1) requires Federal agencies, in consultation 
with the Service, to carry out programs for the conservation of listed 
species. Section 7(a)(4) requires Federal agencies to confer with the 
Service on any action that is likely to jeopardize the continued 
existence of a species proposed for listing or result in destruction or 
adverse modification of proposed critical habitat. If a species is 
subsequently listed, section 7(a)(2) requires Federal agencies to 
ensure that activities they authorize, fund, or carry out are not 
likely to jeopardize the continued existence of the species or destroy 
or adversely modify its critical habitat. If a Federal action may 
adversely affect a listed species or its critical habitat, the 
responsible Federal agency must enter into formal consultation with the 
Service.
    For the Three Forks springsnail and San Bernardino springsnail, 
Federal agency actions that may require consultation as described in 
the preceding paragraph include activities approved under a forest 
management plan, a refuge comprehensive management plan, and activities 
that require a permit from the Army Corps of Engineers pursuant to 
section 404 of the Clean Water Act.
    The USFS has established a closure around Three Forks Springs to 
prevent unauthorized access. The AGFD has implemented a crayfish 
trapping program and a Three Forks springsnail monitoring program. The 
effectiveness of these measures is yet undemonstrated. We had recently 
established a captive refugium for Three Forks springsnail in 
coordination with USFS, AGFD, and the Phoenix Zoo. This refugium is no 
longer viable, but we hope to apply lessons learned to future efforts 
to establish refugia. We intend to work with the USFS, AGFD, the Zoo, 
and The Nature Conservancy (which owns property near Boneyard Bog 
Springs) to develop conservation actions for the Three Forks 
springsnail. Additionally, Service staff is currently working to 
publish additional results of field studies describing habitat 
relationships for the Three Forks springsnail.
    Efforts to rehabilitate habitat on the San Bernardino NWR at Tule 
Spring have been initiated (Service 2003, p. 2), with the intention of 
potentially reintroducing San Bernardino springsnails. However, the 
inconsistency of water flow reduces the likelihood of successful 
reestablishment of the species on the San Bernardino NWR. The Service 
is also seeking to acquire, through donation, the John Slaughter Ranch 
for incorporation into the San Bernardino NWR. This would provide 
tremendous opportunities to protect, manage, and enhance springs on the 
property. However, it is uncertain if this transaction will occur. The 
Service intends to continue to work with AGFD and the John Slaughter 
Ranch to develop conservation actions for the San Bernardino 
springsnail, perhaps including the development of a domestic water well 
that would not affect surface waters.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to all endangered 
wildlife. The prohibitions, codified at 50 CFR 17.21 for endangered 
wildlife, in part, make it illegal for any person subject to the 
jurisdiction of the United States to take (includes harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect; or to 
attempt any of these), import, export, ship in interstate commerce in 
the course of commercial activity, or sell or offer for sale in 
interstate or foreign commerce any listed species. It is also illegal 
to possess, sell, deliver, carry, transport, or ship any such wildlife 
that has been taken illegally. Certain exceptions apply to agents of 
the Service and State conservation agencies.
    We may issue permits to carry out otherwise prohibited activities 
involving threatened or endangered wildlife species under certain 
circumstances. Regulations governing permits are codified at 50 CFR 
17.22 for

[[Page 20473]]

endangered species. With regard to endangered wildlife, a permit must 
be issued for the following purposes: for scientific purposes, to 
enhance the propagation or survival of the species, and for incidental 
take in connection with otherwise lawful activities.
    It is our policy, as published in the Federal Register on July 1, 
1994 (59 FR 34272), to identify to the maximum extent practicable at 
the time a species is listed, those activities that would or would not 
constitute a violation of section 9 of the Act. The intent of this 
policy is to increase public awareness of the effect of a proposed 
listing on proposed and ongoing activities within the range of species 
proposed for listing. The following activities could potentially result 
in a violation of section 9 of the Act; this list is not comprehensive:
    (1) Unauthorized collecting, handling, possessing, selling, 
delivering, carrying, or transporting of the species, including import 
or export across State lines and international boundaries, except for 
properly documented antique specimens of these taxa at least 100 years 
old, as defined by section 10(h)(1) of the Act;
    (2) Introduction of nonnative species that compete with or prey 
upon the Three Forks springsnail and San Bernardino springsnail, such 
as the introduction of competing, nonnative species to the State of 
Arizona;
    (3) The unauthorized release of biological control agents that 
attack any life stage of this species;
    (4) Unauthorized modification of the springs or water flow of any 
stream or removal or destruction of emergent aquatic vegetation in any 
body of water in which the Three Forks springsnail and San Bernardino 
springsnail are known to occur; and
    (5) Unauthorized discharge of chemicals or fill material into any 
waters in which the Three Forks springsnail and San Bernardino 
springsnail are known to occur.
    Questions regarding whether specific activities would constitute a 
violation of section 9 of the Act should be directed to the Arizona 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Critical Habitat

Background

    Critical habitat is defined in section 3 of the Act as:
    (i) The specific areas within the geographical area occupied by a 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features
    (I) essential to the conservation of the species and
    (II) which may require special management considerations or 
protection; and
    (ii) specific areas outside the geographical area occupied by a 
species at the time it is listed, upon a determination that such areas 
are essential for the conservation of the species.
    Conservation, as defined under section 3 of the Act, means the use 
of all methods and procedures that are necessary to bring any 
endangered species or threatened species to the point at which the 
measures provided under the Act are no longer necessary. Such methods 
and procedures include, but are not limited to, all activities 
associated with scientific resources management such as research, 
census, law enforcement, habitat acquisition and maintenance, 
propagation, live trapping, and transplantation, and, in the 
extraordinary case where population pressures within a given ecosystem 
cannot be otherwise relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against Federal agencies carrying out, funding, 
or authorizing the destruction or adverse modification of critical 
habitat. Section 7(a)(2) requires consultation on Federal actions that 
may affect critical habitat. The designation of critical habitat does 
not affect land ownership or establish a refuge, wilderness, reserve, 
preserve, or other conservation area. Such designation does not allow 
government or public access to private lands. Such designation does not 
require implementation of restoration, recovery, or enhancement 
measures by non-Federal landowners. Where a landowner seeks or requests 
Federal agency funding or authorization that may affect a listed 
species or critical habitat, the consultation requirements of Section 
7(a)(2) of the Act would apply. However, even in the event of a 
destruction or adverse modification finding, the Federal action 
agency's and the applicant's obligation is not to restore or recover 
the species, but to implement reasonable and prudent alternatives to 
avoid destruction or adverse modification of critical habitat.
    For inclusion in a critical habitat designation, the habitat within 
the geographical area occupied by the species at the time it was listed 
must contain the physical and biological features that are essential to 
the conservation of the species, and be included only if those features 
may require special management considerations or protection. Critical 
habitat designations identify, to the extent known using the best 
scientific and commercial data available, those physical and biological 
features that are essential to the conservation of the species (such as 
space, food, cover, and protected habitat), focusing on the principal 
biological or physical constituent elements (primary constituent 
elements) within an area that are essential to the conservation of the 
species (such as roost sites, nesting grounds, seasonal wetlands, water 
quality, tide, soil type). Primary constituent elements are the 
elements of physical and biological features that, when laid out in the 
appropriate quantity and spatial arrangement to provide for a species' 
life-history processes, are essential to the conservation of the 
species.
    Under the Act and regulations at 50 CFR 424.12, we can designate 
critical habitat in areas outside the geographical area occupied by the 
species at the time it is listed as critical habitat only when we 
determine that those areas are essential for the conservation of the 
species and that designation limited to those areas occupied at the 
time of listing would be inadequate to ensure the conservation of the 
species. When the best available scientific data do not demonstrate 
that the conservation needs of the species require such additional 
areas, we will not designate critical habitat in areas outside the 
geographical area occupied by the species. An area currently occupied 
by the species but that was not occupied at the time of listing may, 
however, be essential to the conservation of the species and may be 
included in the critical habitat designation.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific and commercial data available. 
Further, our Policy on Information Standards Under the Endangered 
Species Act (published in the Federal Register on July 1, 1994 (59 FR 
34271)), the Information Quality Act (section 515 of the Treasury and 
General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 
106-554; H.R. 5658)), and our associated Information Quality 
Guidelines, provide criteria, establish procedures, and provide 
guidance to ensure that our decisions are based on the best scientific 
data available. They require our biologists, to the extent consistent 
with the Act and with the use of the best scientific data available, to 
use primary and original sources of information as the basis for 
recommendations to designate critical habitat.

[[Page 20474]]

    When we are determining which areas should be proposed as critical 
habitat, our primary source of information is generally the information 
developed during the listing process for the species. Additional 
information sources may include the recovery plan for the species, 
articles in peer-reviewed journals, conservation plans developed by 
States and counties, scientific status surveys and studies, biological 
assessments, or other unpublished materials and expert opinion or 
personal knowledge.
    Habitat is often dynamic, and species may move from one area to 
another over time. Furthermore, we recognize that designation of 
critical habitat may not include all of the habitat areas that we may 
eventually determine, based on scientific data not now available to the 
Service, are necessary for the recovery of the species. For these 
reasons, a critical habitat designation does not signal that habitat 
outside the designated area is unimportant or may not be required for 
recovery of the species.
    Areas that support populations, but are outside the critical 
habitat designation, will continue to be subject to conservation 
actions we implement under section 7(a)(1) of the Act. Areas that 
support populations are also subject to the regulatory protections 
afforded by the section 7(a)(2) jeopardy standard, as determined on the 
basis of the best available scientific information at the time of the 
agency action. Federally funded or permitted projects affecting listed 
species outside their designated critical habitat areas may still 
result in jeopardy findings in some cases. Similarly, critical habitat 
designations made on the basis of the best available information at the 
time of designation will not control the direction and substance of 
future recovery plans, habitat conservation plans (HCPs), or other 
species' conservation planning efforts if new information available to 
these planning efforts calls for a different outcome.

Prudency Determination

    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12), require that, to the maximum extent 
prudent and determinable, we designate critical habitat at the time the 
species is determined to be endangered or threatened. Our regulations 
(50 CFR 424.12(a)(1)) state that the designation of critical habitat is 
not prudent when one or both of the following situations exist: (1) The 
species is threatened by taking or other human activity, and 
identification of critical habitat can be expected to increase the 
degree of threat to the species, or (2) such designation of critical 
habitat would not be beneficial to the species.
    There is no documentation that the Three Forks and San Bernardino 
springsnails are threatened by collection and, therefore, are unlikely 
to experience increased threats by identifying critical habitat. In the 
absence of a finding that the designation of critical habitat would 
increase threats to a species, if there are any benefits to a critical 
habitat designation, then a prudent finding is warranted. The potential 
benefits include: (1) Triggering consultation under section 7 of the 
Act, in new areas for actions in which there may be a Federal nexus 
where it would not otherwise occur because, for example, it has become 
unoccupied or the occupancy is in question; (2) focusing conservation 
activities on the most essential features and areas; (3) providing 
educational benefits to State or county governments or private 
entities; and (4) preventing people from causing inadvertent harm to 
the species.
    The primary regulatory effect of critical habitat is the section 
7(a)(2) requirement that Federal agencies refrain from taking any 
action that destroys or adversely modifies critical habitat. At 
present, the Three Forks springsnail occurs only on Federal lands in 
the White Mountains of east-central Arizona. Lands proposed for 
designation as critical habitat would be subject to Federal actions 
that trigger the section 7 consultation requirements. These include 
land-management actions and permitting by the Apache-Sitgreaves 
National Forests.
    There may also be some educational or informational benefits to the 
designation of critical habitat. Educational benefits include the 
notification of lessees and the general public of the importance of 
protecting habitat.
    At present, the only known extant population of the San Bernardino 
springsnail occurs on private lands in the United States. Although the 
species is believed to have historically occurred on the San Bernardino 
NWR, the species currently is not known to occur on Federal lands. 
However, the San Bernardino NWR has proposed to reintroduce the species 
onto the refuge; therefore, the species may occur in the future on 
Federal lands. In addition, lands proposed for designation as critical 
habitat, whether or not under Federal jurisdiction, may be subject to 
Federal actions that trigger the section 7 consultation requirement, 
such as the granting of Federal monies or Federal permits. These may 
include implementation of the Comprehensive Conservation Plan by the 
San Bernardino NWR.
    Although we make a detailed determination of the habitat needs of a 
listed species during the recovery planning process, the Act has no 
provision to delay designation of critical habitat until such time as a 
recovery plan is prepared. We reviewed the available information 
pertaining to habitat characteristics where these two species are 
located. This and other information represent the best scientific data 
available and lead us to conclude that the designation of critical 
habitat is both prudent and determinable for the Three Forks 
Springsnail and San Bernardino springsnail.

Critical Habitat Determinability

    As stated above, section 4(a)(3) of the Act requires the 
designation of critical habitat concurrently with the species' listing 
``to the maximum extent prudent and determinable.'' Our regulations at 
50 CFR 424.12(a)(2) state that critical habitat is not determinable 
when one or both of the following situations exist:
    (i) Information sufficient to perform required analyses of the 
impacts of the designation is lacking, or
    (ii) The biological needs of the species are not sufficiently well 
known to permit identification of an area as critical habitat.
    When critical habitat is not determinable, the Act provides for an 
additional year to publish a critical habitat designation (16 U.S.C. 
1533(b)(6)(C)(ii)).
    We reviewed the available information pertaining to the biological 
needs of the species and habitat characteristics where this species is 
located. This and other information represent the best scientific data 
available and led us to conclude that the designation of critical 
habitat is both prudent and determinable for the Three Forks 
Springsnail and San Bernardino springsnail.

Methods

    As required by section 4(b) of the Act, we used the best scientific 
data available in determining areas that contain the features that are 
essential to the conservation of the Three Forks springsnail and the 
San Bernardino springsnail. This includes information from the 
Service's Species Assessment and Listing Priority Assignment Forms 
(available at http://ecos.fws.gov/tess_public/pub/SpeciesReport.do?listingType=C); published literature; site visits; 
data compiled by the Arizona Heritage Data Management System at AGFD; 
topographic maps; data supplied

[[Page 20475]]

by the USFS, San Bernardino NWR, and AGFD; and other information in our 
files.
    We also reviewed the available information pertaining to historical 
and current distribution, ecology, life history, and habitat 
requirements of the Three Forks springsnail and San Bernardino 
springsnail. This material included research published in peer-reviewed 
scientific journals, museum records, technical reports, and unpublished 
field observations by Service, State, Federal, and other experienced 
biologists, as well as additional notes and communications with 
qualified professionals and experts.
    We plotted all known occurrences in springheads, spring runs, and 
ditches of the Three Forks and San Bernardino springsnails on 2007 U.S. 
Geological Survey (USGS) Digital Ortho Quarter Quad maps using ArcMap 
(Environmental Systems Research Institute, Inc.), a computer GIS 
program. For the San Bernardino springsnail, we also mapped the 
historical occurrence at Tule Spring on San Bernardino NWR. For the 
Three Forks springsnail at the Three Forks Spring complex, we believe 
that all springs occupied prior to the exposure to fire retardant in 
2004 (see discussion above under Threat Factor A) are still occupied, 
although the Three Forks Springs population seems rather tenuous. 
Polygons were computer-generated by applying a 1 m (3.3 ft) buffer 
around these occurrence locations to capture the moist soils and 
vegetation that produce food for the snails and protect the substrate 
they use. Because of the small size of the springs and spring runs we 
are proposing to designate for the San Bernardino springsnail, we were 
precluded from mapping them precisely due to inaccuracies inherent in 
the use of satellites for locating and mapping. Therefore, for mapping 
purposes we created a circle that encompasses them. GPS coordinates 
have been field verified.

Physical and Biological Features

    In accordance with section 3(5)(A)(i) and 4(b)(1)(A) of the Act and 
regulations at 50 CFR 424.12, in determining which areas within the 
geographical area occupied at the time of listing to propose as 
critical habitat, we consider the physical and biological features that 
are essential to the conservation of the species, and which may require 
special management considerations or protection. These include, but are 
not limited to:
    (1) Space for individual and population growth and for normal 
behavior;
    (2) Food, water, air, light, minerals, or other nutritional or 
physiological requirements;
    (3) Cover or shelter;
    (4) Sites for breeding, reproduction, or rearing (or development) 
of offspring; and
    (5) Habitats that are protected from disturbance or are 
representative of the historical, geographical, and ecological 
distributions of a species.
    We derive the specific physical and biological features required 
for the two Arizona springsnails from studies of these species' 
habitats, ecology, and life histories as described below. We have 
determined that the Three Forks springsnail and the San Bernardino 
springsnail require the following physical and biological features:

Space for Individual and Population Growth and Normal Behavior

    The Three Forks and San Bernardino springsnails occur where water 
emerges from the ground as a free-flowing spring and spring run. Within 
spring ecosystems, proximity to springheads is important due to their 
need for appropriate water chemistry, substrate, and flow regime 
characteristics of springheads. The Three Forks springsnail inhabits 
free-flowing springs, concrete boxed springheads, spring runs, spring 
seeps, and shallow ponded water. The San Bernardino springsnail 
inhabitats free-flowing springs, a concrete boxed springhead, and 
spring runs.

Food, Water, Air, Light, or Other Nutritional or Physiological 
Requirements

    Martinez and Myers (2008, pp. 189-194) found the presence of Three 
Forks springsnail was associated with gravel and pebble substrates, 
shallow water up to 6 cm (2.35 in) deep, high conductivity, alkaline 
waters of pH 8, and the presence of pond snail, Physa gyrina. Three 
Forks springsnail density is significantly greater on gravel and cobble 
substrates (Martinez and Myers 2002, p. 1; Nelson 2002, p. 1), though 
the species has been reported as ``abundant'' in the fine-grained mud 
of a 0.01 ha (0.02 ac) pond at Three Forks Springs (Taylor 1987, p. 
32). The density of San Bernardino springsnails is positively 
associated with cobble substrates, higher vegetation density, faster 
water velocity, higher dissolved oxygen, water temperature of 14 to 22 
degrees Celsius, and pH values between 7.6 and 8.0 (Malcom et al. 2005, 
pp. 71, 75-76). San Bernardino springsnail densities are higher in sand 
and cobble substrates, higher vegetation density, and higher water 
velocity, but lower in silt and organic substrates, and deeper water 
(Malcom et al. 2005, pp. 75-76). The species' tolerance to these 
habitat characteristics has not been quantified. Maintenance of high 
water velocity flows at springheads and spring runs is essential for 
both the Three Forks and San Bernardino springsnails.
    Three Forks and San Bernardino springsnails consume periphyton on 
submerged surfaces. Periphyton is a complex mixture of algae, detritus, 
bacteria, and other microbes that grow attached to submerged surfaces 
such as cobble or larger plants, such as watercress. Periphyton are 
primary producers of energy (organisms at the beginning of a food chain 
that produce biomass from inorganic compounds) and can be sensitive 
indicators of environmental change in flowing waters. Spring ecosystems 
occupied by these springsnail species must support the periphyton upon 
which springsnails graze.

Sites for Breeding, Reproduction, and Rearing and Development of 
Offspring

    Substrate characteristics influence the productivity of Three Forks 
and San Bernardino springsnails. Suitable substrates are typically 
firm, characterized by cobble, gravel, sand, woody debris, and aquatic 
vegetation such as watercress, though this is influenced by water flow 
and depth. Suitable substrates increase productivity by providing 
suitable egg laying sites, protection of young from predators, and 
provision of food resources.

Habitats That Are Protected From Disturbance and Representative of the 
Historical, Geographical, and Ecological Distribution of the Species

    The Three Forks springsnail and the San Bernardino springsnail have 
restricted geographic distributions. Endemic species whose populations 
exhibit a high degree of isolation are extremely susceptible to 
extinction from both random and non-random catastrophic natural or 
human-caused events. Therefore, it is essential to maintain the spring 
systems upon which the Three Forks springsnail and San Bernardino 
springsnail depend. Adequate spring sites, free of inappropriate 
disturbance, must exist to promote population expansion and viability. 
This means protection from disturbance caused by exposure to fire 
retardant, recreation, elk grazing, water depletion, and water 
contamination. The Three Forks springsnail and San Bernardino 
springsnail must sustain and

[[Page 20476]]

expand their current distribution if ecological representation of these 
species is to be ensured. For the Three Forks springsnail, this means 
it must repopulate the Three Forks Spring complex to levels it occupied 
prior to the 2004 wildfire described under Factor A. For the San 
Bernardino springsnail, it must repopulate the entirety of the 
historical Snail Spring, and be re-introduced into a spring, which it 
historically occupied. At this time, we believe Tule Spring is the most 
likely candidate since it still retains some water flow.

Primary Constituent Elements (PCEs) for the Three Forks and San 
Bernardino Springsnails

    Based on the above needs and our current knowledge of the life 
history, biology, and ecology of these species and the habitat 
requirements for sustaining the essential life history functions of 
these species, we have determined that the Three Forks springsnail and 
the San Bernardino springsnail PCEs are:
    (1) Adequately clean spring water (free from contamination) 
emerging from the ground and flowing on the surface;
    (2) Periphyton (attached algae), bacteria, and decaying organic 
material for food;
    (3) Substrates that include cobble, gravel, pebble, sand, silt, and 
aquatic vegetation, for egg laying, maturing, feeding, and escape from 
predators; and
    (4) Either an absence of nonnative predators (crayfish) and 
competitors (snails) or their presence at low population levels.

Special Management Considerations or Protections

    When designating critical habitat, we assess whether the proposed 
areas contain features that are essential to the conservation of the 
species and may require special management considerations and 
protections. Threats to the physical and biological features essential 
to the conservation of the Three Forks springsnail and San Bernardino 
springsnail include loss of spring flows due to groundwater depletion 
and drought; inundation of springheads due to pond creation; 
degradation of water quality due to pollution, exposure to fire 
retardant, or other alteration of water chemistry; alteration of 
appropriate aquatic substrates due to wild ungulate grazing, 
inundation, and erosion; and, the introduction of nonnative predators 
and competitors. Due to one or more of the above threats, we find that 
all areas that we are proposing for critical habitat contain essential 
physical or biological features that may require special management 
considerations or protections to ensure the conservation of the Three 
Forks springsnail and San Bernardino springsnail.

Criteria Used To Identify Critical Habitat

    As required by section 4(b) of the Act, we used the best scientific 
and commercial data available in determining areas within the 
geographical area occupied at the time of listing that contain the 
features essential to the conservation of Three Forks springsnail and 
San Bernardino springsnail, and areas outside of the geographical area 
occupied at the time of listing that are essential for the conservation 
of Three Forks springsnail and San Bernardino springsnail. We have also 
reviewed available information that pertains to the habitat 
requirements of these species.
    We are proposing to designate critical habitat in two areas 
occupied by the Three Forks springsnail at the time of listing, the 
Three Forks and Boneyard Bog spring complexes; three areas occupied by 
the San Bernardino springsnail at the time of listing, Snail Spring, 
Goat Tank Spring, and Horse Spring; and one area not occupied by the 
San Bernardino springsnail at the time of listing (but considered to 
have been historically occupied), Tule Spring. These springs all 
contain features essential to the conservation of the respective 
springsnail species. We have determined that Tule Spring, although not 
currently occupied, is essential to the conservation of the San 
Bernardino springsnail, as the geographic area occupied at the time of 
listing is not sufficient for conservation and the SBNWR has identified 
Tule Spring as a potential reintroduction site with the availability of 
restorable habitat on protected lands.
    The Three Forks springsnail occurs in two separate spring 
complexes, Three Forks Springs and Boneyard Bog Springs. Historically, 
the species was abundant at these spring complexes. Recently, annual 
surveys have documented only two or three individual Three Forks 
springsnails at Three Forks Springs since 2004. The species continues 
to occur in abundance at Boneyard Bog Springs.
    The San Bernardino springsnail may have historically occurred in a 
complex of at least six springs along the Rio San Bernardino within the 
headwaters of the Rio Yaqui in Arizona. Currently, it is known from 
Goat Tank Spring, Horse Spring, and likely from wet portions of Snail 
Spring on the private John Slaughter Ranch. Although not currently 
occupied, Tule Spring on the nearby San Bernardino NWR contains a 
majority of the PCEs.
    We evaluated both species of springsnail in the context of their 
distribution within their historical range, to determine what portion 
of their range must be included to ensure conservation of both species. 
For the Three Forks springsnail, we are designating all habitat 
containing PCEs that we consider to be currently occupied, which is 
also the entire known historically occupied habitat. For the San 
Bernardino springsnail, we are designating the three occupied springs 
and the only remaining historically occupied spring (but currently 
unoccupied) in the United States that still contains the PCEs for the 
species because we believe they are essential to conservation of the 
species as discussed above. If the two cienegas nearby in Mexico are 
determined to harbor the San Bernardino springsnail, we would not 
designate critical habitat for the species in either of those cienegas 
because we do not designate critical habitat outside the United States.
    We assessed the critical life-history components of these 
springsnail species, as they relate to habitat. Three Forks and San 
Bernardino springsnails require unpolluted spring water in springheads 
and spring runs; periphyton, bacteria, and decaying organic material 
for food; rock-derived substrates for egglaying, maturing, feeding, and 
escape from predators; and absence or low levels of nonnative predators 
and competitors. The areas proposed as critical habitat for the Three 
Forks springsnail and the San Bernardino springsnail contain these PCEs 
that are essential to these life-history components of the species.
    Both species occur or occurred in isolated populations in very 
small areas. For the Three Forks springsnail, catastrophic wildfires 
and firefighting actions (retardant drops), as well as overgrazing by 
elk, and random, intense natural disasters threaten the two populations 
with extinction. For the San Bernardino springsnail, known populations 
are at risk of extinction from groundwater pumping and exposure to 
pesticides. We are proposing for designation of critical habitat lands 
that we have determined are occupied at the time of listing and contain 
sufficient PCEs to support life history functions essential for the 
conservation of the species, and lands outside of the geographical area 
occupied at the time of listing that we

[[Page 20477]]

have determined are essential for the conservation of these species.
    Units are proposed for designation based on sufficient PCEs being 
present to support life processes. Some units contained all PCEs and 
support multiple life processes. Some segments contain only a portion 
of the PCEs necessary to support use of that habitat, but remain an 
essential component necessary for the conservation of the species 
because they will provide for population redundancy to protect against 
extinction.

Proposed Critical Habitat Designation

    We are proposing two units of critical habitat for the Three Forks 
springsnail and four units of critical habitat for the San Bernardino 
springsnail. The critical habitat units we describe below constitute 
our current and best assessment of the areas that meet the definition 
of critical habitat for the Three Forks springsnail and the San 
Bernardino springsnail. Table 1 summarizes the threats and current 
occupancy of the proposed critical habitat units. Table 2 provides 
approximate areas (ac/ha) and land ownership of the units.

Table 1--Threats and Occupancy in Areas Containing Features Essential to the Conservation of the Three Forks and
                                          San Bernardino Springsnails.
----------------------------------------------------------------------------------------------------------------
                                              Threats requiring special
          Critical habitat unit               management or protections              Currently occupied
----------------------------------------------------------------------------------------------------------------
                                             Three Forks springsnail
----------------------------------------------------------------------------------------------------------------
1. Three Forks Springs Unit.............  wildfire, fire retardant use,     yes.
                                           elk grazing, nonnative
                                           predators, and potential
                                           introduction of nonnative
                                           snails.
2. Boneyard Bog Springs Unit............  wildfire, fire retardant use,     yes.
                                           elk grazing, nonnative
                                           predators, and potential
                                           introduction of nonnative
                                           snails.
----------------------------------------------------------------------------------------------------------------
                                           San Bernardino springsnail
----------------------------------------------------------------------------------------------------------------
1. Snail Spring Unit....................  groundwater depletion, drought,   unknown.
                                           water contamination from
                                           pesticide use, and potential
                                           introduction of nonnative
                                           snails.
2. Goat Tank Spring Unit................  groundwater depletion, drought,   yes.
                                           water contamination from
                                           pesticide use, and potential
                                           introduction of nonnative
                                           snails.
3. Horse Spring Unit....................  groundwater depletion, drought,   yes.
                                           water contamination from
                                           pesticide use, and potential
                                           introduction of nonnative
                                           snails.
4. Tule Spring Unit.....................  groundwater depletion, drought,   no.
                                           and potential introduction of
                                           nonnative snails.
----------------------------------------------------------------------------------------------------------------


  Table 2--Ownership and Approximate Area of Proposed Critical Habitat
                                  units
------------------------------------------------------------------------
     Critical habitat unit            Ownership           Total area
------------------------------------------------------------------------
                         Three Forks springsnail
------------------------------------------------------------------------
1. Three Forks Springs Unit....  Federal...........  2.5 ha (6.1 ac)
2. Boneyard Bog Springs Unit...  Federal...........  2.0 ha (5.0 ac)
                                ----------------------------------------
    Total......................  ..................  4.5 ha (11.1 ac)
------------------------------------------------------------------------
                       San Bernardino springsnail
------------------------------------------------------------------------
1. Snail Spring Unit...........  Private...........  0.457 ha (1.129 ac)
2. Goat Tank Spring Unit.......  Private...........  0.002 ha (0.005 ac)
3. Horse Spring Unit...........  Private...........  0.032 ha (0.078 ac)
4. Tule Spring Unit............  Federal...........  0.324 ha (0.801 ac)
                                ----------------------------------------
    Total......................  ..................  0.815 ha (2.013 ac)
------------------------------------------------------------------------

    We present below brief descriptions of all units and reasons why 
they meet the definition of critical habitat for the Three Forks 
springsnail or San Bernardino springsnail. Unit descriptions are 
presented separately by species.

Three Forks Springsnail

Three Forks Springs Unit
    The proposed Three Forks Springs Unit is a complex of springs, 
spring runs, spring seeps, a segment of an unnamed stream connecting 
them, and a small amount of upland area encircling them to make them a 
single unit of approximately 2.5 ha (6.1 ac) in the vicinity of UTM 
Zone 12 coordinate 655710, 3747260 in Apache County. The entire unit is 
in Federal ownership and managed by the Apache-Sitgreaves National 
Forests of the USFS. The unit encompasses eight major springheads and 
spring runs, which each flow a short distance of several meters to an

[[Page 20478]]

unnamed tributary of the Black River. Two of the spring runs flow into 
a pond, which is occupied by the species and has an outflow run to the 
unnamed tributary. The spring complex contains spring seeps along the 
spring runs and the tributary. We are proposing to designate a single 
critical habitat unit that includes the springheads, spring runs, 
seeps, pond, and that portion of the unnamed tributary that connects 
the spring runs. The tributary itself is occupied where there are 
spring seeps along it and provides for springsnail movement among the 
occupied seeps, spring runs and springs, thus providing habitat 
connectivity. The area within the proposed unit contains a small amount 
of upland area adjacent to the springheads, spring runs, spring seeps 
and the tributary segment. The moist soils and vegetation in the 
adjacent uplands (approximately 1 m (3.3 ft) in width) are essential to 
the species because they produce food for the snails and protect the 
substrate they use. The remaining small amount of upland area is 
included to connect the entire essential, occupied habitat to form a 
single unit. Human-caused changes to the uplands adjacent to the 
aquatic habitats can be managed through this proposed unit designation 
to control threats to the aquatic habitats through conservation efforts 
by AGFD and through consultations between USFS and the Service under 
section 7 of the Act. For specific coordinates of the boundaries for 
the proposed critical habitat designation, please reference the unit 
descriptions in the Regulation Promulgation section below.
    Threats to the Three Forks springsnail in this unit that may 
require special management of the physical and biological features 
include wildfire, fire retardant use to fight wildfires, erosion and 
sedimentation, elk grazing, predation by nonnative crayfish, and 
potential competition from nonnative snails. The Three Forks Springs 
complex has had documented occupancy since 1973 (Landye 1973, p. 49), 
and the species was considered abundant there until 2004 (AGFD 2008; 
Service 2008, p. 1) when the waters appear to have been contaminated by 
wildfire retardant drift. Surveys in 2004, immediately following a 
wildfire and fire retardant use, failed to locate springsnails, though 
surveys in subsequent years revealed the species in low numbers (Cox 
2007, p. 1; Bailey 2008, p. 1). Fire retardant becomes non-toxic within 
a few days of contact with water, so currently, the Three Forks Springs 
Unit contains all of the PCEs essential to the species, and the unit 
supports all of the Three Forks springsnail life processes.
Boneyard Bog Springs Unit
    The proposed Boneyard Bog Springs Unit is a complex of springs, 
spring runs, spring seeps, and a segment of an unnamed stream 
connecting them, and a small amount of upland area encircling them to 
make them a single unit of approximately 2.0 ha (5.0 ac) in the 
vicinity of UTM Zone 12 coordinate 659970, 3750730 in Apache County. 
The entire unit is in Federal ownership and managed by the Apache-
Sitgreaves National Forests of the USFS. The unit encompasses seven 
major springheads and spring runs, which each flow a short distance of 
several meters to an unnamed tributary of the Black River. The spring 
complex contains spring seeps along the spring runs and the tributary. 
We are proposing to designate a single critical habitat unit that 
includes the springheads, spring runs, seeps, and that portion of the 
unnamed tributary that connects the spring runs. The tributary itself 
is occupied where there are spring seeps along it and provides for 
springsnail movement among the occupied seeps, spring runs and springs 
and is essential for habitat connectivity. The area within the proposed 
unit contains a small amount of upland area adjacent to the 
springheads, spring runs, spring seeps and the tributary segment. The 
moist soils and vegetation in the adjacent uplands (approximately 1 
meter (3.3 ft) in width) are essential to the species because they 
produce food for the snails and protect the substrate they use. The 
remaining small amount of upland area is included to connect all of the 
essential, occupied habitat to form a single unit. Human-caused changes 
to the uplands adjacent to the aquatic habitats can be managed through 
this proposed unit designation to control threats to the aquatic 
habitats through conservation efforts by AGFD and through consultations 
between USFS and the Service under section 7 of the Act. For specific 
coordinates of the boundaries for the proposed critical habitat 
designation, please reference the unit descriptions in the Proposed 
Regulation Promulgation section below.
    Threats to the Three Forks springsnail in this unit that may 
require special management of the physical and biological features 
include wildfire, fire retardant use to fight wildfires, elk grazing, 
predation by nonnative crayfish, and potential competition from 
nonnative snails. This proposed unit contains all the PCEs and supports 
all of the Three Forks springsnail life processes.

San Bernardino Springsnail

Snail Spring Unit
    The proposed Snail Spring Unit encompasses 0.457 ha (1.129 ac) in 
Cochise County. The entire unit is in private ownership and managed by 
the John Slaughter Ranch. The spring is approximately 5 m (16 ft) in 
diameter and has a spring run that goes south from the spring 
approximately 23.5 m (77 ft) to a manmade ditch, which runs 10.2 m 
(33.5 ft) to a dirt road. It passes under the road in a 3.5 m (11.5 ft) 
culvert, then flows approximately 17 m (56 ft) below the road. We are 
not proposing the road as critical habitat, but we are proposing to 
designate the culvert beneath the road because it contains flowing 
water that is a PCE. The spring and spring run down to the ditch is dry 
and is likely unoccupied, though they contain other PCEs such as 
substrate. It is unknown if the ditch is occupied when water and other 
PCEs are present. We are proposing to include a 1 m (3.3 ft) buffer of 
upland area around the spring, spring run and ditch because it has 
moist soils and vegetation that produce food for the snails and protect 
the substrate they use. Because of the small size of the spring, spring 
run, and ditch, we are precluded from mapping them precisely due to 
inaccuracies inherent in the use of satellites for locating and 
mapping. Therefore, for mapping purposes we created a circle that 
encompasses them. The proposed critical habitat is the spring, spring 
run, ditch and buffer within the 76 m (249 ft) diameter circle centered 
on UTM coordinate 663858, 3468182 in Zone 12.
    Threats to the San Bernardino springsnail in this unit that may 
require special management of the physical and biological features 
include groundwater depletion, drought, water contamination from 
pesticide use, and potential introduction of nonnative snails. 
Groundwater depletion, perhaps from watering the lawn adjacent to Snail 
Spring, has threatened the species with a loss of flowing water in the 
past (Cox et al. 2007, p. 2; Smith et al. 2003, p. 1; Malcom et al. 
2003, p. 18) and continues to threaten it. Groundwater depletion 
threatens the region more broadly as the human population grows and 
demands for water increase (Earman et al. 2003, p. 259), especially 
during periods of drought. Human-caused changes to the uplands adjacent 
to the aquatic habitats likely cannot be managed through this proposed 
unit designation to control threats to the aquatic habitat, 
particularly runoff from pesticide use on the adjacent lawn unless 
Federal actions or funding are

[[Page 20479]]

involved. If that occurs, we would enter into consultation under 
section 7 of the Act. The proposed Snail Spring Unit contains all the 
physical and biological features in a complex spatial arrangement and 
supports all of the San Bernardino springsnail life processes where 
water is present.
Goat Tank Spring Unit
    The proposed Goat Tank Spring Unit encompasses 0.002 ha (0.005 ac) 
in Cochise County. The entire unit is in private ownership and managed 
by the John Slaughter Ranch. The spring is contained entirely within a 
square concrete box approximately 0.6 x 0.9 m (2 x 3 ft). There is also 
some spring seepage emanating from the base of cottonwood tree about 2 
m (6.6 ft) from the springbox. We are proposing to include a 1 m (3.3 
ft) of upland area around the springbox and spring seepage because it 
has moist soils and vegetation that produce food for the snails and 
protects the substrate snails use. Because of the small size of the 
springbox and spring seepage, we are precluded from mapping them 
precisely due to inaccuracies inherent in the use of satellites for 
locating and mapping. Therefore, for mapping purposes we created a 
circle that encompasses them. The proposed critical habitat is the 
springbox, spring seepage, and buffer within the 5 m (16 ft) diameter 
circle centered on UTM coordinate 663725, 3468162 in Zone 12.
    Threats to the San Bernardino springsnail in this unit that may 
require special management of the physical and biological features 
include groundwater depletion, drought, water contamination from 
pesticide use, and potential introduction of nonnative snails. 
Groundwater depletion has affected the species with a loss of flowing 
water at nearby Snail Spring in the recent past (Cox et al. 2007, p. 2; 
Smith et al. 2003, p. 1; Malcom et al. 2003, p. 18) and continues to 
threaten it. Groundwater depletion threatens the region more broadly as 
the human population grows and demands for water increase (Earman et 
al. 2003, p. 259), especially during periods of drought. Human-caused 
changes to the uplands adjacent to the aquatic habitats likely cannot 
be managed through this proposed unit designation to control threats to 
the aquatic habitat, particularly runoff from pesticide use on the 
adjacent lawn unless Federal actions or funding are involved. If that 
occurs, we would enter into consultation under section 7 of the Act. 
The proposed Goat Tank Unit contains all the PCEs that support all of 
the San Bernardino springsnail life processes.
Horse Spring Unit
    The proposed Horse Spring Unit encompasses 0.032 ha (0.078 ac) in 
Cochise County. The entire unit is in private ownership and managed by 
the John Slaughter Ranch. The spring emerges from a PVC pipe and flows 
in a springrun that is approximately 0.5 m (1.6 ft) wide and 15.5 m 
(50.9 ft) in length. We are proposing to include a 1 m (3.3 ft) buffer 
of upland area around the springhead and springrun because it has moist 
soils and vegetation that produce food for the snails and protect the 
substrate they use. Because of the small size of the springhead and 
springrun, we are precluded from mapping them precisely due to 
inaccuracies inherent in the use of satellites for locating and 
mapping. Therefore, for mapping purposes we created a circle that 
encompasses them. The proposed critical habitat is the springbox, 
spring seepage, and buffer within the 20 m (66 ft) diameter circle 
centered on UTM coordinate 663772, 3468091 in Zone 12.
    Threats to the San Bernardino springsnail in this unit that may 
require special management of the physical and biological features 
include groundwater depletion, drought, water contamination from 
pesticide use, and potential introduction of nonnative snails. 
Groundwater depletion has affected the species with a loss of flowing 
water at nearby Snail Spring in the recent past (Cox et al. 2007, p. 2; 
Smith et al. 2003; p. 1, Malcom et al. 2003, p. 18) and continues to 
threaten it. Groundwater depletion threatens the region more broadly as 
the human population grows and demands for water increase (Earman et 
al. 2003, p. 259), especially during periods of drought. Human-caused 
changes to the uplands adjacent to the aquatic habitats likely cannot 
be managed through this proposed unit designation to control threats to 
the aquatic habitat, particularly runoff from pesticide use on the 
adjacent lawn unless Federal actions or funding are involved. If that 
occurs, we would enter into consultation under section 7 of the Act. 
The proposed Horse Spring Unit contains all the PCEs that support all 
of the San Bernardino springsnail life processes.
Tule Spring Unit
    The proposed Tule Spring Unit encompasses 0.324 ha (0.801 ac) in 
Cochise County. The entire unit is in Federal ownership and managed by 
the San Bernardino NWR of the Service. The spring forms a pond 
approximately 23 m (75 ft) north-south and 13 m (43 ft) east-west, and 
it has a spring run that is approximately 21.7 m (71 ft) in length. The 
spring run emerges from the southeastern side of the spring pond, runs 
northeast for approximately 12.5 m (41 ft) to a manmade ditch, which 
runs southeast 9.2 m (30 ft). We are proposing to include a 1 m (3.3 
ft) buffer of upland area around the spring, spring run, and ditch 
because it has moist soils and vegetation that produce food for the 
snails and protect the substrate they use. Because of the small size of 
the spring, spring run, and ditch, we are precluded from mapping them 
precisely due to inaccuracies inherent in the use of satellites for 
locating and mapping. Therefore, for mapping purposes we created a 
circle that encompasses them. The proposed critical habitat is the 
spring, spring run, ditch and buffer within the 64 m (210 ft) diameter 
circle centered on UTM coordinate 664259, 3468499 in Zone 12.
    The proposed Tule Spring Unit is currently unoccupied by the San 
Bernardino springsnail, but is considered to have been historically 
occupied (Malcom et al. 2007, p. 19) and shares a common aquifer and 
similarities in water chemistry, temperature and hydrology with Snail 
Spring. Tule Spring is essential to the conservation of the species 
because it provides a reintroduction opportunity to provide population 
redundancy of the species. When developing conservation strategies for 
species whose life histories are characterized by short generation 
time, small body size, high rates of population increase, and high 
habitat specificity; greater emphasis should be placed on the 
maintenance of multiple populations as opposed to protecting a single 
population (Murphy et al. 1990, pp. 41-51).

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7 of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out are 
not likely to jeopardize the continued existence of a listed species or 
destroy or adversely modify critical habitat. Decisions by the courts 
of appeals for the Fifth and Ninth Circuit Courts of Appeals have 
invalidated our definition of ``destruction or adverse modification'' 
(50 CFR 402.02) (see Gifford Pinchot Task Force v. U.S. Fish and 
Wildlife Service, 378 F. 3d 1059 (9th Circuit 2004) and Sierra Club v. 
U.S. Fish and Wildlife Service et al., 245 F.3d 434, 442F (5th Circuit 
2001), and we do not rely on this regulatory definition when analyzing 
whether an action is likely to destroy or adversely modify critical

[[Page 20480]]

habitat. Under the statutory provisions of the Act, we determine 
destruction or adverse modification on the basis of whether, with 
implementation of the proposed Federal action, the affected critical 
habitat would remain functional (or retain those PCEs that relate to 
the ability of the area to periodically support the species) to serve 
its intended conservation role for the species.
    If a species is listed or critical habitat is designated, section 
7(a)(2) of the Act requires Federal agencies to ensure that activities 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of the species or to destroy or adversely modify 
its critical habitat. If a Federal action may affect a listed species 
or its critical habitat, the responsible Federal agency (action agency) 
must enter into consultation with us. As a result of this consultation, 
we document compliance with the requirements of section 7(a)(2) through 
our issuance of:
    (1) A concurrence letter for Federal actions that may affect, but 
are not likely to adversely affect, listed species or critical habitat; 
or
    (2) A biological opinion for Federal actions that are likely to 
adversely affect listed species or critical habitat.
    An exception to the concurrence process referred to in (1) above 
occurs in consultations involving National Fire Plan projects. In 2004, 
the USFS and the Bureau of Land Management (BLM) reached agreements 
with the Service to streamline a portion of the section 7 consultation 
process (BLM 2004, pp. 1-8; USFS 2004, pp. 1-8). The agreements allow 
the USFS and the BLM the opportunity to make ``not likely to adversely 
affect'' (NLAA) determinations for projects implementing the National 
Fire Plan. Such projects include prescribed fire, mechanical fuels 
treatments (thinning and removal of fuels to prescribed objectives), 
emergency stabilization, burned area rehabilitation, road maintenance 
and operation activities, ecosystem restoration, and culvert 
replacement actions. The USFS and the BLM must ensure staff are 
properly trained, and both agencies must submit monitoring reports to 
the Service to determine if the procedures are being implemented 
properly and that effects on endangered species and their habitats are 
being properly evaluated. As a result, we do not believe the 
alternative consultation processes being implemented as a result of the 
National Fire Plan will differ significantly from those consultations 
being conducted by the Service.
    When we issue a biological opinion concluding that a project is 
likely to jeopardize the continued existence of a listed species or 
destroy or adversely modify critical habitat, we also provide 
reasonable and prudent alternatives to the project, if any are 
identifiable. We define ``Reasonable and prudent alternatives'' at 50 
CFR 402.2 as alternative actions identified during consultation that:
    <bullet> Can be implemented in a manner consistent with the 
intended purpose of the action;
    <bullet> Can be implemented consistent with the scope of the 
Federal agency's legal authority and jurisdiction;
    <bullet> Are economically and technologically feasible; and
    <bullet> Would, in the Director's opinion, avoid jeopardizing the 
continued existence of the listed species or destroying or adversely 
modifying critical habitat.
    Reasonable and prudent alternatives can vary from slight project 
modifications to extensive project redesign or relocation of the 
project. Costs associated with implementing reasonable and prudent 
alternatives are similarly variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions in instances where we have 
listed a new species or subsequently designated critical habitat that 
may have been affected and the Federal agency has retained 
discretionary involvement or control over the action (or the agency's 
discretionary involvement or control is authorized by law). 
Consequently, Federal agencies may sometimes need to request 
reinitiation of consultation with us on actions for which formal 
consultation has been completed, if those actions with discretionary 
involvement or control may affect subsequently listed species or 
designated critical habitat.
    Federal actions that may affect the Three Forks springsnail or the 
San Bernardino springsnail or their designated critical habitat require 
section 7(a)(2) consultation under the Act. On private lands, examples 
of Federal actions include, but are not limited to, Environmental 
Protection Agency authorization of discharges under the National 
Pollutant Discharge Elimination System and registration of pesticides; 
Federal Highway Administration approval of funding of road or highway 
infrastructure and maintenance; Corps authorization of discharges of 
dredged and fill material into waters of the United States under 
section 404 of the CWA; U.S. Department of Agriculture (USDA) Natural 
Resources Conservation Service technical assistance and other programs; 
USDA-Rural Utilities Service infrastructure or development; U.S. 
Department of Homeland Security activities in regard to immigration 
enforcement and regulation; the Department of Housing and Urban 
Development Small Cities Community Development Block Grant and home 
loan programs; or a permit from us under section 10(a)(1)(B) of the 
Act. Federal actions not affecting listed species or critical habitat, 
and actions on State, Tribal, local, or private lands that are not 
federally funded, authorized, or permitted, do not require section 
7(a)(2) consultations. In addition to several of the specific examples 
above, other Federal actions that may require consultation on Federal 
lands include land-management actions implemented by the applicable 
Federal land management agency.

Application of the ``Adverse Modification'' Standard

    The key factor related to the adverse modification determination is 
whether, with implementation of the proposed Federal action, the 
affected critical habitat would continue to serve its intended 
conservation role for the species, or would retain those PCEs that 
relate to the ability of the area to periodically support the species. 
Activities that may destroy or adversely modify critical habitat are 
those that alter the PCEs to an extent that appreciably reduces the 
conservation value of critical habitat for the Three Forks springsnail 
or the San Bernardino springsnail. As discussed above, the role of 
critical habitat is to support the life history needs of the species 
and provide for the conservation of the species.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe, in any proposed or final regulation that designates critical 
habitat, activities involving Federal actions that may adversely modify 
such habitat, or that may be affected by such designation.
    Activities that, when carried out, funded, or authorized by a 
Federal agency, may affect critical habitat and, therefore, should 
result in consultation for the Three Forks springsnail and the San 
Bernardino springsnail include, but are not limited to:
    (1) Actions that would reduce the quantity of water flow within the 
spring systems proposed as critical habitat.
    (2) Actions that would result in the inundation of springheads 
within the spring systems proposed as critical habitat.
    (3) Actions that would degrade water quality within the spring 
systems proposed for designation as critical habitat.

[[Page 20481]]

    (4) Actions that would reduce the availability of coarse, firm 
aquatic substrates within the spring systems that are proposed as 
critical habitat.
    (5) Actions that would reduce the occurrence of native aquatic 
macrophytes, algae, and/or periphyton within the spring systems 
proposed as critical habitat.
    (6) Actions that would cause, promote, or maintain the presence of 
nonnative predators and competitors at unacceptable levels within the 
spring systems proposed as critical habitat.

Exemptions

Application of Section 4(a)(3) of the Act

    The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a) 
required each military installation that includes land and water 
suitable for the conservation and management of natural resources to 
complete an integrated natural resource management plan (INRMP) by 
November 17, 2001.
    The National Defense Authorization Act for Fiscal Year 2004 (Pub. 
L. 108-136) amended the Act to limit areas eligible for designation as 
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16 
U.S.C. 1533(a)(3)(B)(i)) now provides: ``The Secretary shall not 
designate as critical habitat any lands or other geographical areas 
owned or controlled by the Department of Defense, or designated for its 
use, that are subject to an integrated natural resources management 
plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if 
the Secretary determines in writing that such plan provides a benefit 
to the species for which critical habitat is proposed for 
designation.''
    There are no Department of Defense lands with a completed INRMP 
within the critical habitat designation.

Exclusions

Application of Section 4(b)(2) of the Act

    Section 4(b)(2) of the Act states that the Secretary must designate 
and revise critical habitat on the basis of the best available 
scientific data after taking into consideration the economic impact, 
national security impact, and any other relevant impact of specifying 
any particular area as critical habitat. The Secretary may exclude an 
area from critical habitat if he determines that the benefits of such 
exclusion outweigh the benefits of specifying such area as part of the 
critical habitat, unless he determines, based on the best scientific 
data available, that the failure to designate such area as critical 
habitat will result in the extinction of the species. In making that 
determination, the legislative history is clear that the Secretary has 
broad discretion regarding which factors to use and how much weight to 
give any factor.
    Under section 4(b)(2) of the Act, in considering whether to exclude 
a particular area from the designation, we must identify the benefits 
of including the area in the designation, identify the benefits of 
excluding the area from the designation, and determine whether the 
benefits of exclusion outweigh the benefits of inclusion. If based on 
this analysis, we make this determination, then we can exclude the area 
only if such exclusion would not result in the extinction of the 
species.
Exclusions Based on Economic Impacts
    Under section 4(b)(2) of the Act, we consider the economic impacts 
of specifying any particular area as critical habitat. In order to 
consider economic impacts, we are preparing an analysis of the economic 
and other impacts of proposing critical habitat for the Three Forks 
springsnail and San Bernardino springsnail. We will announce the 
availability of the draft economic analysis as soon as it is completed, 
at which time we will seek public review and comment. At that time, 
copies of the draft economic analysis will be available for downloading 
from the Internet at http://www.regulations.gov, or from the Arizona 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT 
section). We may exclude areas from the final rule based on the 
information in the economic analysis. During the development of a final 
designation, we will consider economic impacts, public comments, and 
other new information, and areas may be excluded from the final 
critical habitat designation under section 4(b)(2) of the Act and our 
implementing regulations at 50 CFR 424.19.
Exclusions Based on National Security Impacts
    Under section 4(b)(2) of the Act, we consider whether there are 
lands owned or managed by the Department of Defense (DOD) where a 
national security impact might exist. In preparing this proposal, we 
have determined that the lands within the proposed designation of 
critical habitat for the Three Forks and San Bernardino springsnails 
are not owned or managed by the Department of Defense, and therefore, 
anticipate no impact to national security. There are no areas proposed 
for exclusion based on impacts on national security.
Exclusions Based on Other Relevant Impacts
    Under section 4(b)(2) of the Act, we consider any other relevant 
impacts, in addition to economic impacts and impacts on national 
security. We consider a number of factors including whether the 
landowners have developed any HCPs or other management plans for the 
area, or whether there are conservation partnerships that would be 
encouraged by designation of, or exclusion from, critical habitat. In 
addition, we look at any Tribal issues, and consider the government-to-
government relationship of the United States with Tribal entities. We 
also consider any social impacts that might occur because of the 
designation.
    We have evaluated the Forest Management Plan for the Apache-
Sitgreaves National Forests with respect to providing adequate 
protection and management for the Three Forks springsnail. At this 
time, the Plan does not provide sufficient protection and management to 
satisfy the criteria necessary for proposed exclusion from critical 
habitat. There are currently no conservation plans for the private 
lands in the Snail Spring Unit for the San Bernardino springsnail.
    In preparing this proposal, we have determined that the proposed 
designation does not include any Tribal lands or trust resources. We 
anticipate no impact to Tribal lands, partnerships, or HCPs from this 
proposed critical habitat designation. There are no areas proposed for 
exclusion from this proposed designation based on other relevant 
impacts.

Peer Review

    In accordance with our joint policy published in the Federal 
Register on July 1, 1994 (59 FR 34270), we are requesting the expert 
opinions of at least three appropriate and independent specialists 
regarding this proposed rule. The purpose of peer review is to ensure 
that our proposed rule is based on scientifically sound data, 
assumptions, and analyses. We will invite these peer reviewers to 
comment, during the public comment period, on the specific assumptions 
and conclusions regarding the proposal to list the Three Forks 
springsnail and San Bernardino springsnail as endangered, and our 
decision regarding critical habitat for these species.
    We will consider all comments and information received during the 
comment period on this proposed rule during preparation of a final 
rulemaking. Accordingly, the final decision may differ from this 
proposal.

Public Hearings

    The Act provides for one or more public hearings on this proposal, 
if we receive any request for hearings.

[[Page 20482]]

Requests must be received within 45 days after the date of publication 
of this proposal in the Federal Register. Send your request to the 
person named in FOR FURTHER INFORMATION CONTACT. We will schedule 
public hearings on this proposal, if any are requested, and announce 
the dates, times, and places of those hearings, as well as how to 
obtain reasonable accommodations, in the Federal Register and local 
newspapers at least 15 days before the first hearing.

Required Determinations

Regulatory Planning and Review

    The Office of Management and Budget (OMB) has determined that this 
rule is not significant and has not reviewed this rule under Executive 
Order 12866. OMB bases its determination upon the following four 
criteria:
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b) Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (d) Whether the rule raises novel legal or policy issues.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency must publish a notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effects of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
the agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities. SBREFA amended RFA to 
require Federal agencies to provide a statement of the factual basis 
for certifying that the rule will not have a significant economic 
impact on a substantial number of small entities.
    At this time, we lack the available economic information necessary 
to provide an adequate factual basis for the required RFA finding. 
Therefore, we defer the RFA finding until completion of the draft 
economic analysis prepared under section 4(b)(2) of the Act and E.O. 
12866. This draft economic analysis will provide the required factual 
basis for the RFA finding. Upon completion of the draft economic 
analysis, we will announce availability of the draft economic analysis 
of the proposed designation in the Federal Register and reopen the 
public comment period for the proposed designation. We will include 
with this announcement, as appropriate, an initial regulatory 
flexibility analysis or a certification that the rule will not have a 
significant economic impact on a substantial number of small entities 
accompanied by the factual basis for that determination. We have 
concluded that deferring the RFA finding until completion of the draft 
economic analysis is necessary to meet the purposes and requirements of 
the RFA. Deferring the RFA finding in this manner will ensure that we 
make a sufficiently informed determination based on adequate economic 
information and provides the necessary opportunity for public comment.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we make the following findings:
    (a) This proposed rule will not produce a Federal mandate. In 
general, a Federal mandate is a provision in legislation, statute or 
regulation that would impose an enforceable duty upon State, local, or 
tribal governments, or the private sector and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.'' 
These terms are defined in 2 U.S.C. 658(5)(7). ``Federal 
intergovernmental mandate'' includes a regulation that ``would impose 
an enforceable duty upon State, local, or [T]ribal governments,'' with 
two exceptions. It excludes ``a condition of Federal assistance.'' It 
also excludes ``a duty arising from participation in a voluntary 
Federal program,'' unless the regulation ``relates to a then-existing 
Federal program under which $500,000,000 or more is provided annually 
to State, local, and [T]ribal governments under entitlement 
authority,'' if the provision would ``increase the stringency of 
conditions of assistance'' or ``place caps upon, or otherwise decrease, 
the Federal Government's responsibility to provide funding,'' and the 
State, local, or [T]ribal governments ``lack authority'' to adjust 
accordingly. At the time of enactment, these entitlement programs were: 
Medicaid; AFDC work programs; Child Nutrition; Food Stamps; Social 
Services Block Grants; Vocational Rehabilitation State Grants; Foster 
Care, Adoption Assistance, and Independent Living; Family Support 
Welfare Services; and Child Support Enforcement. ``Federal private 
sector mandate'' includes a regulation that would impose an enforceable 
duty upon the private sector, except (i) a condition of Federal 
assistance or (ii) a duty arising from participation in a voluntary 
Federal program.
    The designation of critical habitat does not impose a legally 
binding duty on non-Federal Government entities or private parties. 
Under the Act, the only regulatory effect is that Federal agencies must 
ensure that their actions do not destroy or adversely modify critical 
habitat under section 7. While non-Federal entities that receive 
Federal funding, assistance, or permits, or that otherwise require 
approval or authorization from a Federal agency for an action, may be 
indirectly impacted by the designation of critical habitat, the legally 
binding duty to avoid destruction or adverse modification of critical 
habitat rests squarely on the Federal agency. Furthermore, to the 
extent that non-Federal entities are indirectly impacted because they 
receive Federal assistance or participate in a voluntary Federal aid 
program, the Unfunded Mandates Reform Act would not apply; nor would 
critical habitat shift the costs of the large entitlement programs 
listed above onto State governments.
    (b) We do not expect this rule to significantly or uniquely affect 
small governments. Small governments will be affected only to the 
extent that any programs having Federal funds, permits, or other 
authorized activities must ensure that their actions will not adversely 
affect the critical habitat. Therefore, a Small Government Agency Plan 
is not required. However, we will further evaluate this issue as we 
conduct our economic analysis, and review and revise this assessment as 
warranted.

Takings

    In accordance with E.O. 12630 (Government Actions and Interference 
with Constitutionally Protected Private Property Rights), we will 
analyze the potential takings implications of designating critical 
habitat for the Three Forks springsnail and San Bernardino springsnail 
in a takings implications assessment. The takings implications 
assessment will determine whether this designation of critical habitat 
for the Three Forks springsnail and San Bernardino springsnail poses 
significant takings implications for lands within or affected by the 
proposed revised designation. We will further evaluate

[[Page 20483]]

this issue as we conduct our economic analysis.

Federalism

    In accordance with E.O. 13132 (Federalism), this proposed rule does 
not have significant Federalism effects. A Federalism assessment is not 
required. In keeping with Department of the Interior and Department of 
Commerce policy, we requested information from, and coordinated 
development of, this proposed critical habitat designation with 
appropriate State resource agencies in Arizona. The designation of 
critical habitat on lands currently occupied by the Three Forks 
springsnail or San Bernardino springsnail imposes no additional 
restrictions to those currently in place and, therefore, has little 
incremental impact on State and local governments and their activities. 
The designation may have some benefit to these governments because the 
areas that contain the features essential to the conservation of the 
species are more clearly defined, and the physical and biological 
features of the habitat necessary to the conservation of the species 
are specifically identified. This information does not alter where and 
what federally sponsored activities may occur. However, it may assist 
local governments in long-range planning (rather than having them wait 
for case-by-case section 7 consultations to occur).
    Where state and local governments require approval or authorization 
from a Federal agency for actions that may affect critical habitat, 
consultation under section 7(a)(2) would be required. While non-Federal 
entities that receive Federal funding, assistance, or permits, or that 
otherwise require approval or authorization from a Federal agency for 
an action, may be indirectly impacted by the designation of critical 
habitat, the legally binding duty to avoid destruction or adverse 
modification of critical habitat rests squarely on the Federal agency.

Civil Justice Reform

    In accordance with E.O. 12988 (Civil Justice Reform), the Office of 
the Solicitor has determined that the rule does not unduly burden the 
judicial system and that it meets the requirements of sections 3(a) and 
3(b)(2) of the Order. We have proposed designating critical habitat in 
accordance with the provisions of the Act. This proposed rule uses 
standard property descriptions and identifies the physical and 
biological features within the designated areas to assist the public in 
understanding the habitat needs of the Three Forks springsnail and San 
Bernardino springsnail.

Paperwork Reduction Act of 1995

    This proposed rule does not contain any new collections of 
information that require approval by OMB under the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.). This rule will not impose 
recordkeeping or reporting requirements on State or local governments, 
individuals, businesses, or organizations. An agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number.

National Environmental Policy Act

    It is our position that, outside the jurisdiction of the Circuit 
Court of the United States for the Tenth Circuit, we do not need to 
prepare environmental analyses as defined by the National Environmental 
Policy Act (NEPA) (42 U.S.C. 4321 et seq.) in connection with 
designating critical habitat under the Act. We published a notice 
outlining our reasons for this determination in the Federal Register on 
October 25, 1983 (48 FR 49244). This assertion was upheld by the 
Circuit Court of the United States for the Ninth Circuit (Douglas 
County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), cert. denied 516 U.S. 
1042 (1996)).

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), E.O. 13175, and the Department of the 
Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. In accordance with 
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights, 
Federal-Tribal Trust Responsibilities, and the Endangered Species Act), 
we readily acknowledge our responsibilities to work directly with 
Tribes in developing programs for healthy ecosystems, to acknowledge 
that tribal lands are not subject to the same controls as Federal 
public lands, to remain sensitive to Indian culture, and to make 
information available to Tribes.
    We have determined that there are no Tribal lands occupied at the 
time of listing with features essential for the conservation, and no 
Tribal lands that are essential for the conservation, of the Three 
Forks springsnail and San Bernardino springsnail. Therefore, we have 
not proposed designation of critical habitat for the Three Forks 
springsnail and San Bernardino springsnail on Tribal lands.

Energy Supply, Distribution, or Use

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' requires 
agencies to prepare Statements of Energy Effects when undertaking 
certain actions. This proposed rule to designate critical habitat for 
the Three Forks springsnail and San Bernardino springsnail is not a 
significant regulatory action, and we do not expect it to significantly 
affect energy supplies, distribution, or use. Therefore, this action is 
not a significant energy action, and no Statement of Energy Effects is 
required. However, we will further evaluate energy-related issues as we 
conduct our economic analysis, and review and revise this assessment as 
warranted.

References Cited

    A complete list of all references cited in this rule is available 
on the Internet at http://www.regulations.gov or upon request from the 
Field Supervisor, Arizona Ecological Services Field Office (see FOR 
FURTHER INFORMATION CONTACT section).

Authors

    The primary authors of this document are the staff members of the 
Arizona Field Services Office (see FOR FURTHER INFORMATION CONTACT).

[[Page 20484]]

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

    2. In Sec.  17.11(h) add entries for ``Springsnail, San 
Bernardino'' and ``Springsnail, Three Forks'' to the List of Endangered 
and Threatened Wildlife in alphabetic order under SNAILS to read as 
follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                    Vertebrate
--------------------------------------------------------                        population where                                  Critical     Special
                                                            Historic range       endangered or         Status      When listed    habitat       rules
           Common name                Scientific name                              threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
              Snails
 
                                                                      * * * * * * *
Springsnail, San Bernardino        Pyrgulopsis           U.S.A. (AZ)........  Entire.............  E                  17.95(f)           NA
                                    bernardina
 
                                                                      * * * * * * *
Springsnail, Three Forks           Pyrgulopsis           U.S.A. (AZ)........  Entire.............  E                  17.95(f)           NA
                                    trivialis.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. In Sec.  17.95, amend paragraph (f) by adding entries for ``San 
Bernardino Springsnail (Pyrgulopsis bernardina)'' and ``Three Forks 
Springsnail (Pyrgulopsis trivialis)'' to follow the entry for ``Rough 
hornsnail (Pleurocera foremani)'' to read as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (f) Clams and Snails.
* * * * *
San Bernardino Springsnail (Pyrgulopsis bernardina)
    (1) Critical habitat units are depicted for Cochise County, on the 
map in paragraph (5) of this entry.
    (2) The physical and biological features of critical habitat for 
the San Bernardino springsnail are:
    (i) Adequately clean spring water (free from contamination) 
emerging from the ground and flowing on the surface;
    (ii) Periphyton (attached algae), bacteria, and decaying organic 
material for food;
    (iii) Substrates, which include cobble, gravel, pebble, sand, silt, 
and aquatic vegetation, for egg laying, maturing, feeding, and escape 
from predators; and
    (iv) Either an absence of nonnative predators (crayfish) and 
competitors (snails) or their presence at low population levels.
    (3) We have determined that all of the areas designated as critical 
habitat contain one or more of the physical and biological features, 
and there are no developed areas other than the road culvert and 
concrete springbox included to protect water within them.
    (4) Critical habitat map units were plotted on 2007 USGS Digital 
Ortho Quarter Quad maps using Universal Transverse Mercator (UTM) 
coordinates in ArcMap. Because of the small size of the springs, spring 
runs and ditches, for mapping purposes we created a circle that 
encompasses them.
    (5)

    Note:  Index map of critical habitat for the San Bernardino 
springsnail follows:

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[[Page 20485]]

[GRAPHIC] [TIFF OMITTED] TP12AP11.000

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    (6) Snail Spring Unit 0.457 ha (1.129 ac) in Cochise County, 
Arizona. The proposed unit is a spring approximately 5 m (16 ft) in 
diameter and has a spring run that goes south from the spring 
approximately 23.5 m (77 ft) to a manmade ditch, which runs 10.2 m 
(33.5 ft) to a dirt road. It passes under the road in a 3.5 m (11.5 ft) 
culvert, then flows approximately 17 m (56 ft) below the road. The 
culvert beneath the road is included in critical habitat, but not the 
road itself. We include 1 m (3.3 ft) of upland area around the spring, 
spring run and ditch because it has moist soils and vegetation that 
produce food for the snails and protect the substrate essential to the 
species. The critical habitat is the spring, spring run, ditch and 
buffer within the 76 m (249 ft) diameter circle centered on UTM 
coordinate 663858, 3468182 in Zone 12 with the units in meters using 
North American Datum of 1983 (NAD 83).
    (7) Goat Tank Spring Unit 0.002 ha (0.005 ac) in Cochise County. 
The unit is a spring contained entirely within a square concrete box 
approximately 0.61 x 0.91 m (2 x 3 ft) and spring seepage emanating 
from the base of cottonwood tree about 2 m (6.56 ft) from the 
springbox. We include 1 m (3.3 ft) of upland area around the spring box 
and spring. The critical habitat is the

[[Page 20486]]

springbox, spring seepage, and buffer within the 5 m (16.4 ft) diameter 
circle centered on UTM coordinate 663725, 3468162 in Zone 12 with the 
units in meters using North American Datum of 1983 (NAD 83).
    (8) Horse Spring Unit 0.032 ha (0.078 ac) in Cochise County. The 
unit is a spring and springrun approximately 0.5 m (1.6 ft) wide and 
15.5 m (50.9 ft) in length. We include 1 m (3.3 ft) of upland area 
around the springhead and spring run. The proposed critical habitat is 
the springbox, spring seepage, and buffer within the 20 m (66 ft) 
diameter circle centered on UTM coordinate 663772, 3468091 in Zone 12 
with the units in meters using North American Datum of 1983 (NAD 83).
    (9) Tule Spring Unit 0.324 ha (0.801 ac) in Cochise County, 
Arizona. The unit is a spring, which forms a pond approximately 23 m 
(75 ft) north-south and 13 m (43 ft) east-west, and it has a spring run 
that is approximately 21.7 m (71 ft) in length. The spring run emerges 
from the southeastern side of the spring pond, runs northeast for 
approximately 12.5 m (41 ft) to a manmade ditch, which runs southeast 
9.2 m (30 ft). We include 1 m (3.3 ft) of upland area around the 
spring, spring run, and ditch. The proposed critical habitat is the 
spring, spring run, ditch and buffer within the 64 m (210 ft) diameter 
circle centered on UTM coordinate 664259, 3468499 in Zone 12 with the 
units in meters using North American Datum of 1983 (NAD 83).
* * * * *
Three Forks Springsnail (Pyrgulopsis trivialis)
    (1) Critical habitat units are depicted for Apache County, Arizona, 
on the map at paragraph (5) of this entry below.
    (2) The primary constituent elements of critical habitat for the 
Three Forks springsnail are:
    (i) Adequately clean spring water (free from contamination) 
emerging from the ground and flowing on the surface;
    (ii) Periphyton (attached algae), bacteria, and decaying organic 
material for food;
    (iii) Substrates that include cobble, gravel, pebble, sand, silt, 
and aquatic vegetation, for egglaying, maturing, feeding, and escape 
from predators; and
    (iv) Either an absence of nonnative predators (crayfish) and 
competitors (snails) or their presence at low population levels. .
    (3) We have determined that all of the areas designated as critical 
habitat contain one or more of the physical and biological features, 
and there are no developed areas other than concrete springboxes 
included to protect water within them.
    (4) Critical habitat map units were plotted on 2007 USGS Digital 
Ortho Quarter Quad maps using Universal Transverse Mercator (UTM) 
coordinates in ArcMap.
    (5)

    Note:  Index map of critical habitat for the Three Forks 
springsnail follows:


[[Page 20487]]


[GRAPHIC] [TIFF OMITTED] TP12AP11.001

    (6) Three Forks Springs Unit (2.5 ha; 6.1 ac). The Three Forks 
Spring Unit consists of all areas within boundary points with the 
following coordinates in UTM Zone 12 with the units in meters using 
North American Datum of 1983 (NAD 83): 655708, 3747262; 655714, 
3747269; 655746, 3747258; 655777, 3747256; 655802, 3747270; 655808, 
3747288; 655815, 3747304; 655877, 3747299; 655898, 3747291; 655911, 
3747271; 655922, 3747253; 655932, 3747227; 655932, 3747209; 655939, 
3747196; 655948, 3747186; 655958, 3747165; 655969, 3747142; 655979, 
3747116; 655998, 3747094; 656013, 3747078; 656022, 3747061; 656023, 
3747050; 656013, 3747052; 656001, 3747065; 655991, 3747086; 655973, 
3747112; 655963, 3747133; 655951, 3747166; 655931, 3747191; 655906, 
3747198; 655886, 3747201; 655869, 3747198; 655836, 3747179; 655826, 
3747158; 655830, 3747123; 655841, 3747098; 655838, 3747083; 655818, 
3747085; 655785, 3747097; 655771, 3747122; 655782, 3747144; 655784, 
3747170; 655752, 3747216; 655715, 3747232; 655707, 3747242; Thence 
returning to 655708, 3747262.
    (7) Boneyard Bog Springs Unit (2.0 ha; 5.0 ac). The Boneyard Bog 
Spring Unit consists of all areas within boundary points with the 
following coordinates in UTM Zone 12 with the units in meters using 
North American Datum of 1983

[[Page 20488]]

(NAD 83): 659968, 3750753; 659990, 3750731; 660021, 3750713; 660060, 
3750717; 660070, 3750742; 660176, 3750787; 660190, 3750781; 660199, 
3750758; 660208, 3750744; 660159, 3750685; 660125, 3750680; 660088, 
3750684; 660081, 3750690; 660072, 3750691; 660072, 3750676; 660076, 
3750675; 660076, 3750664; 660069, 3750664; 660067, 3750663; 660060, 
3750654; 660052, 3750648; 660034, 3750649; 660029, 3750654; 660027, 
3750663; 660008, 3750659; 659997, 3750649; 659997, 3750639; 659988, 
3750639; 659982, 3750641; 659958, 3750660; 659954, 3750671; 659945, 
3750675; 659942, 3750688; 659933, 3750685; 659921, 3750691; 659910, 
3750693; 659919, 3750712; Thence returning to 659968, 3750753.
* * * * *

    Dated: March 11, 2011.
Will Shafroth,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-8176 Filed 4-11-11; 8:45 am]
BILLING CODE 4310-55-C