[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Proposed Rules]
[Pages 40319-40325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19763]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE31


Endangered and Threatened Wildlife and Plants; Proposed Rule to 
List the Illinois Cave Amphipod as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes 
endangered status pursuant to the Endangered Species Act of 1973, as 
amended (Act), for the Illinois cave amphipod, Gammarus acherondytes, 
Historically, the amphipod was known from six cave streams in Monroe 
and St. Clair counties, Illinois. Recent surveys have found the species 
at only three of the original six sites. This species is believed to be 
threatened primarily by groundwater pollution which is likely due to 
the application of pesticides in cave stream recharge areas (the area 
of land surface from which water drains into a particular cave stream). 
A possible secondary threat is contamination of subsurface water by 
human and animal wastes from sewage and septic systems and livestock 
feedlots.

DATES: Comments from all interested parties must be received by 
September 26, 1997. Public hearing requests must be received by 
September 11, 1997.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the U.S. Fish and Wildlife Service, Ecological Services Field 
Office, 4469 48th Avenue Court, Rock Island, Illinois. Comments and 
materials received will be available for public inspection by 
appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Richard C. Nelson, Field Supervisor, 
Illinois Field Office (see ADDRESSES section) (telephone 309/793-5800; 
facsimile 309/793-5804).

SUPPLEMENTARY INFORMATION:

Background

    The Illinois cave amphipod was described by Hubricht and Mackin 
(1940). Type specimens were collected by Leslie Hubricht in 1938 from 
Morrison's Cave (now Illinois Caverns), near Burksville, Illinois.
    Sexually mature males are up to 20.0 millimeters (mm) (0.8 inch 
(in.)) long; sexually mature females are 12.0 to 16.0 mm (0.5 to 0.6 
in.) long. Their color in light is light gray-blue and their eyes are 
reniform, small and degenerate with the pigment drawn away from the 
facets in an irregular black mass. Their first antenna is long and 
slender, more than one-half the length of the body. The primary 
flagellum has up to forty segments and the secondary flagellum has up 
to six segments. The second antenna is about three-fourths as long as 
the first antenna. The flagellum of the second antenna has up to 18 
segments and lacks sensory organs in either sex. Hubricht and Mackin 
(1940), reported that its clutch size is up to 21 eggs and Holsinger 
(1972) reported that ovigerous (egg-bearing) females have been observed 
in summer and fall.
    This species is best differentiated from other amphipods in the 
field, especially from G. fasciatus, which it resembles, by its color, 
small degenerate eyes, and a much longer first antenna. It is usually 
associated with the larger G. troglophilus (Hubricht and Mackin 1940) 
but is much less common (Holsinger 1972).
    This species is a troglobitic (cave dependent) species inhabiting 
the dark zone of cave streams. As a group, amphipods require cold water 
and are intolerant of wide ranges in temperature. They are strongly 
sensitive to touch and react negatively to light. High levels of 
dissolved oxygen appears to be an environmental necessity. They are 
omnivorous scavengers, feeding on dead animal and plant matter or the 
thin bacterial film covering most submerged surfaces throughout their 
aquatic habitat.
    The Illinois cave amphipod is endemic to the Illinois Sinkhole 
Plain of Monroe and St. Clair counties and was historically known from 
six cave systems, which are all within a 16 kilometer (10 mile) radius 
of Waterloo, Illinois. The main entrances to two of the caves, Illinois 
Caverns and Fogelpole Cave, are in public ownership and the other four 
are privately owned. The cave streams from which this species is 
historically known are each fed by a separate and distinct watershed or 
recharge area, and there are no known interconnections between them, 
with the possible exception of two caves that may become hydrologically 
connected during extremely high rainfall over short periods of time 
(Samuel V. Panno, Illinois Natural History Survey, Champaign, IL, in 
litt., 1996). Thus, it is believed that there is virtually no 
opportunity for this species to become distributed to other cave 
systems via natural pathways.
    There are few data on which to base population, productivity or 
trend estimates for this species. Sampling for cave fauna is difficult 
at best and is compounded by the relatively small size of this species. 
Survey data do not, and probably cannot, show a decline in numbers of 
this small subterranean invertebrate, but they do demonstrate a decline 
in its range and number of extant populations. Since Hubricht's initial 
1940 collections of unknown numbers from two caves, other collections 
have been made in 1965 (at least 19 specimens taken from the two 1940 
caves, plus a third cave), 1972 (unknown numbers taken from two 
additional caves), 1974 (six specimens taken from one of the 1940 
caves), 1986

[[Page 40320]]

(two specimens taken from one of the 1940 caves and from a new, sixth 
cave), 1992 (20 specimens taken from one of the 1940 caves), and 1993 
(11 specimens taken from two 1940 caves) (Webb 1995).
    The most recent and extensive sampling effort was in 1995 in which 
the Illinois Natural History Survey (INHS) investigated 25 caves in the 
Illinois Sinkhole Plain and confirmed the presence of the species in 
only three of the original six cave systems, all in Monroe County (Webb 
et al. 1993; Webb 1995). In 1995, 56 specimens were taken from Illinois 
Caverns, 19 specimens from Fogelpole Cave and two specimens from a 
third, privately owned cave. Although the number of specimens taken in 
1995 is greater than the number taken at any other time, this is likely 
due to a much more concentrated effort to search for this species 
rather than to an increase in the species' population. The species has 
probably been extirpated from the two privately owned caves where no 
specimens have been collected since 1965 or 1986. Its status in a 
sixth, privately owned cave is currently unknown, because the cave 
entrance has been closed by the landowner, and the cave has not been 
re-surveyed since 1965. It is possible, but unlikely, that there are 
populations in other caves in the Illinois Sinkhole Plain; however, 
INHS personnel made a particular effort to collect in all small side 
rivulets and drip pools in the 25 caves. The INHS study manager does 
not believe the species is abundant in any cave (Donald Webb, INHS, in 
litt. 1996).

Previous Federal Action

    On May 22, 1984, (49 FR 21664) the Service published a notice of 
review which included the Illinois cave amphipod as a category 2 
candidate species. The species was again included as a category 2 
species in the notice of review published on January 6, 1989 (54 FR 
554). On November 21, 1991, (56 FR 58804) the Service published a 
notice of review in which the species was elevated to category 1. The 
species was again included as a category 1 species in a notice of 
review published on November 15, 1995 (59 FR 58982). On February 28, 
1996, (61 FR 7596) the Service published a notice of review which 
eliminated the candidate category designations of previous notices and 
included the amphipod as a candidate species with a listing priority of 
2.

Summary of Factors Affecting the Species

    Section 4 of the Act and regulations (50 CFR part 424) promulgated 
to implement the listing provisions of the Act set forth the procedures 
for adding species to the Federal lists. A species determined to be an 
endangered or threatened species may be endangered or threatened due to 
one or more of the five factors described in Section 4(a)(1). These 
factors and their application to the Illinois cave amphipod are as 
follows:

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

    The degradation of habitat through the contamination of groundwater 
is believed to be the primary threat to the Illinois cave amphipod. 
Karst terrain, where this amphipod is found, is a land formation 
typified by sinkholes and fissures that provide direct and rapid 
conduits for water-borne material from the surface to the groundwater, 
thereby avoiding the filtering and cleansing mechanisms normally 
provided by overlying soils. Recharge to the water table in karst 
terrain often is nearly instantaneous, and flood pulses following a 
rainstorm may cause levels of contaminants to become transiently higher 
(Libra et al. 1986), up to 10,000 times higher than before the event 
(Quinlan and Alexander 1987).
    There are several possible mechanisms by which cave streams may be 
degraded, three of which are--(1) The seasonal application of 
pesticides and fertilizers, evidence of which has been found in spring 
and well water samples in Monroe County (Panno et al. 1996); (2) 
bacterial contamination from human and animal wastes, which finds its 
way to subsurface water via septic systems, the direct discharge of 
sewage waste into sinkholes, or from livestock feedlots (Panno et al. 
1996); and (3) the accidental or intentional dumping of a toxic 
substance into a sinkhole.
    The most commonly used herbicides (and their proprietary names) in 
Monroe County are atrazine, alachlor (Lasso), cyanazine (Bladex), 
metolachlor (Dual), glyphosate (Roundup), 2,4-D, imazaquin (Scepter), 
imazethapyr (Pursuit), and pendimethalin (Prowl) (Omar Koester, 
University of Illinois Extension Service, in litt. 1996). The Illinois 
State Geological Survey (ISGS) analyzed water samples from nine 
springs, one cave stream, and 33 wells in Monroe County for bacteria 
and pesticides to determine if contamination is occurring (Panno, et 
al. 1996). The agricultural herbicides atrazine and/or alachlor were 
detected in 83 percent of groundwater samples taken from springs in the 
study area, often exceeding the U.S. EPA Maximum Contaminant Levels of 
2.0 parts per billion (ppb) and 3.0 ppb, respectively, during and 
following spring rainfalls. They reported maximum atrazine levels in 
spring samples as high as 98 ppb with the maximum level in Illinois 
Caverns being 1.38 ppb (Panno, et al. 1996). Macek et al. (1976) 
observed acute toxicity to the amphipod Gammarus fasciatus from a 48 
hour exposure to the herbicide atrazine at 2.4 parts per million (ppm) 
(LC<INF>50</INF> = 5.7 ppm). In addition, they reported reproductive 
effects and impaired survival of offspring from concentrations as low 
as 0.14 ppm of atrazine during chronic tests lasting 30-119 days (Macek 
et al. 1976).
    The most commonly used insecticides in the region include carbaryl, 
carbofuran, chlorpyrifos, malathion, permethrin, methyl parathion, and 
phosmet. Mayer and Ellersieck (1985) reported that Gammaridae were most 
sensitive to the five insecticides carbaryl, DDT (dichloro-diphenyl-
trichloroethane), endrin, malathion, and methoxychlor and postulate 
that pulses of pesticides characteristic of karst springs could have 
major impacts on biota such as amphipods. Webb et al. (1993) analyzed 
amphipod and isopod tissue samples from numerous caves, including the 
three caves known to contain the amphipod, for pesticides and PCB's 
(polychlorinated biphenyls). DDE (dichlorodiphenyl-dichloroethylene) 
and DDD (1,1-dichloro,-2,2-bis(p-chloro-phenyl) ethane) (breakdown 
products of DDT) were detected in isopods from Fogelpole Cave 
reflecting the historical use of the insecticide DDT in the drainage 
basin. In addition, dieldrin, the persistent breakdown product of the 
insecticide aldrin, was detected in invertebrate samples from Fogelpole 
Cave. Both DDT and aldrin have been banned from use in the United 
States since 1973 and 1974, respectively. These data demonstrate some 
of the long term detrimental effects that agricultural chemicals can 
have on cave ecosystems. Interestingly, neither DDD, DDE, nor dieldrin 
were detected in water samples from Fogelpole Cave, supporting the 
premise that cave invertebrates accumulate and concentrate these toxins 
even though they do not exist at detectable levels in the cave water, 
thus serving as indicators of past and present contamination.
    Webb et al. (1993) also found detectable quantities of bromide, 
fluoride, sulfate, and nitrate in Illinois Caverns and Fogelpole Cave. 
In

[[Page 40321]]

addition, they found detectable concentrations of calcium, sodium, 
magnesium, iron, manganese, silicon, and barium in water samples from 
Fogelpole Cave, and these plus aluminum, potassium, and phosphorus in 
Illinois Caverns (Webb et al. 1993). In amphipod tissue samples from 
Fogelpole Cave, they reported detectable concentrations of aluminum, 
boron, barium, calcium, chromium, copper, iron, potassium, magnesium, 
manganese, sodium, phosphorus, and zinc (Webb et al. 1993). The six 
highest ranked metals detected in amphipod samples were also the six 
highest ranked metals detected in water samples, indicating an apparent 
relationship between the relative concentrations of these metals in 
both water and tissue. The acute and chronic effects of these ions on 
the Illinois cave amphipod are currently unknown but their presence in 
amphipod tissues and the water samples provides evidence of potential 
harm.
    In addition to chemical contamination, Panno et al. (1996) report 
that all springs and cave streams they sampled, as well as 29 of 33 
wells, contained concentrations of coliform, fecal coliform, 
enterococcus, and numerous other bacterial species that exceeded 
drinking water standards. The bacterial species present strongly 
suggest contamination from both human and livestock sources. Prior to 
1988, private and aeration-type septic systems were allowed to 
discharge directly into sinkholes and most of those systems are still 
in existence (Panno et al. 1996). Although the practice was prohibited 
in 1987, exceptions are still granted in the study area (Panno et al. 
1996).
    In his studies, Poulson (1991) concluded that bacterial pollution 
from human and livestock wastes has varying degrees of impact on cave 
biota. At high levels of contamination, a high biochemical oxygen 
demand (BOD) kills all macroscopic organisms and leaves only strands of 
colonial sewage bacteria and associated protozoa. If the BOD is high 
but does not completely remove oxygen, then tubificid sewage worms 
become part of the faunal community. If the amount of wastes is not too 
great, as with the diffuse input from septic fields, the sewage fauna 
is only minimally developed, but the increased organic food supply 
favors survival and reproduction of shorter-lived non-cave-dependent 
macrofauna which may replace cave-dependent species. If the input of 
waste decreases later, chironomid midges and other non-cave-dependent 
species survive but can no longer reproduce, while the reproduction of 
short-lived cave-dependent isopods and flatworms is stimulated. At 
still lower impact levels, the reproduction of larger cave-dependent 
species, like crayfish, may also be stimulated.
    The effects of bacterial contamination on the Illinois cave 
amphipod are unknown. However, bacterial contamination is evidence of 
water quality deterioration and could pose a threat to the species. 
Monroe County is within commuting distance of the St. Louis, Missouri, 
metropolitan area and is rapidly undergoing residential development 
(Poulson 1991). In fact, the increase in bacterial contamination of 
well water in the county coincided with the onset of accelerated 
development about 1987 (Poulson 1991). It is likely that the increase 
in bacterial contamination was the result of the installation of 
private septic systems in areas with soils of limited waste 
assimilation capacity, inadequate soil thickness, and systems that 
discharge septic effluent directly into sinkholes (Joan Bade, Monroe-
Randolph Bi-County Health Department, Waterloo, IL., pers. comm. 1996).
    The toxicity of contaminants to cave-dwelling species may be quite 
different than the response of their surface-dwelling relatives, making 
the results of chemical analysis difficult to interpret. Due to their 
adaptations to a narrow range of environmental conditions, obligate 
cave species may be hypersensitive to chemical changes in ways that are 
not detectable by standard toxicity tests (Poulson 1991). Contaminants 
known to be toxic to amphipods and other crustaceans have been shown to 
be present and increasing in cave streams in the local area. While 
direct mortality cannot be conclusively attributed to such agricultural 
chemicals as atrazine, carbaryl, DDT, or malathion, or to bacterial 
contamination, the presence of such contaminants in the amphipod's 
environment constitutes strong circumstantial evidence that the 
deterioration of water quality is the primary cause of the decrease in 
its range and number of extant populations.

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

    Overexploitation or scientific collecting are not believed to be 
factors affecting the species' continued existence at this time, but 
the Federal listing will prohibit unauthorized collection of 
individuals of the species. Exact numbers are unknown, but at a minimum 
only 139 specimens have been collected from 6 caves over a 55-year 
period. Protection from collection may become important, because 
collectors may seek the species once it becomes listed.
    Human utilization of cave environments is a potential threat to 
this species. The accidental or intentional introduction of materials 
toxic to this species, unauthorized collecting, direct injury or 
mortality, and habitat disturbance are potential hazards during visits 
to caves. None of the caves occupied by the amphipod have improved 
pedestrian walkways, and visitors must pass through the cave streams to 
access deeper passages. Such activities can physically disturb cave 
stream habitat, but the subsequent impact on the amphipod is unknown. 
Cave ecosystems are considered to be delicate and are easily damaged.
    The State of Illinois owns the main entrances to Illinois Caverns 
and Fogelpole Cave and manages them as satellites of the Kaskaskia 
River State Fish and Wildlife Area. The State allows a maximum of 25 
individuals at a time to enter Illinois Caverns, unsupervised, provided 
they obtain a permit and agree to conditions that prohibit littering or 
removal of biological materials. The Caverns are staffed during 
business hours by an on-site attendant.
    The main entrance to Fogelpole Cave, a dedicated Nature Preserve, 
is gated. The State does not allow any visitation of this cave except 
by permit for scientific purposes only. Three privately owned entrances 
to the third cave containing the amphipod have also been dedicated as 
Illinois Nature Preserves. Such dedication implements landowner 
agreements to preserve and maintain existing conditions at these sites.

C. Disease or Predation

    The importance of these factors is presently unknown.

D. The Inadequacy of Existing Regulatory Mechanisms

    This species has no protection under Federal law. The Federal Cave 
Resources Protection Act of 1988 (16 U.S.C. 4301-4309; 102 Stat. 4546) 
seeks to secure, protect, and preserve significant caves on Federal 
lands for the perpetual use, enjoyment, and benefit of all people. 
However, at this time, the Cave Resources Protection Act provides no 
protection to any caves containing, or potentially containing, Illinois 
cave amphipods, because none of the caves are on or under Federal land 
or are located in the immediate vicinity of Federal ownership. 
Therefore, these caves are ineligible for Federal protection under the 
Cave Resources Protection Act.
    The Illinois cave amphipod is listed as an endangered species under 
the

[[Page 40322]]

Illinois Endangered Species Protection Act. As such, it is protected 
from direct taking (i.e., injury or mortality) regardless of whether it 
is on public or private land. However, ``take'' under State law does 
not include indirect harm through such mechanisms as habitat 
alteration. As long as landowners are otherwise in compliance with the 
law, Illinois law is unable to provide habitat protection for this 
species resulting from private actions.
    State law requires consideration of this species during the 
planning processes of State agencies and local units of government 
which must consult with the Illinois Department of Natural Resources 
(DNR) on the impacts of their proposed actions. The DNR will provide 
recommendations on how the impacts to the species can be avoided or 
minimized. The unit of government may accept or reject any or all 
recommendations (Illinois Administrative Code).
    As mentioned in section B above, several of the entrances to caves 
containing the species are dedicated as Illinois Nature Preserves, 
which is the strongest land protection mechanism in Illinois. Such 
dedication restricts future uses of the land, in perpetuity, for the 
purpose of preserving the site in its natural state. The removal of 
biota from the site is prohibited except by permit and for scientific 
purposes only. Allowable uses of the site are limited to 
nonconsumptive, nondestructive activities only. The landowner may 
decide whether to allow public access to the site and management is 
accomplished in accordance with a master management plan prepared 
jointly by the Illinois Nature Preserve Commission and the landowner. 
Dedicated properties cannot be subdivided and the dedication instrument 
is attached to the deed and recorded.
    Ownership or protection of cave entrances does not necessarily 
ensure protection of the caves' environment, particularly water 
quality. Water quality is largely a function of land use in cave stream 
recharge areas, and the vast majority of the watersheds of all caves 
containing the amphipod is in private ownership and land use is 
primarily agriculture. Recharge areas may be several square miles in 
size, and runoff and seepage from thousands of acres of agricultural 
land may be funneled into one cave system, thus increasing the 
magnitude of any toxic hazard posed by the use of agricultural 
chemicals. The application of pesticides is regulated by the U.S. 
Environmental Protection Agency (EPA) and maximum allowable application 
levels and use restrictions are printed on pesticide container labels. 
While pesticide applicators may be applying chemicals fully in 
compliance with the restrictions, adverse impacts to the species may 
still result.
    Current State and local regulations are inadequate for protecting 
water quality in a sensitive geological formation like karst. St. Clair 
and Monroe counties are rapidly developing as residential communities 
for the St. Louis, Missouri, Metropolitan Area with most home sites 
being served by individual wells and septic systems. Septic systems may 
not perform as designed and, in some cases, septic effluent is allowed 
to drain directly into sinkholes. Studies have shown that there is no 
general housing density in karst terrain that assures that groundwater 
quality will be protected when septic systems are used (Aley and 
Thompson 1984). The more houses there are in a spring or cave stream 
recharge area, the greater the chance that some of them will introduce 
contaminants into the groundwater system, and the greater the chance 
that one or more of the septic field systems will constitute a major 
source of groundwater contamination (Aley and Thompson 1984).

E. Other Natural or Manmade Factors Affecting Its Continued Existence

    As a group, aquatic amphipods have adapted to the extremes of 
natural events such as spring floods or high discharge following a 
rainstorm and, no doubt, some individuals are washed out of the cave 
environment during such events. However, because of the low numbers of 
the Illinois cave amphipod and a highly restricted range, even the loss 
of a few individuals may be significant to the species' survival. The 
species being extant in only three cave systems within a relatively 
small geographic area, it is conceivable that a heavy spring snowmelt 
or rainstorm could cause a flushing of all three systems at one time. 
As a consequence, there may not be enough individuals remaining in the 
caves for the species to reproduce and survive.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present and future 
threats faced by this species in determining to propose this rule. 
Based on this evaluation, the preferred action is to list the Illinois 
cave amphipod as endangered.

Critical Habitat

    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) that 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'' means the use of all methods and 
procedures needed to bring the species to the point at which listing 
under the Act is no longer necessary.
    Section 4(a)(3) of the Act and implementing regulations (50 CFR 
424.12) require that, to the maximum extent prudent and determinable, 
the Secretary designate critical habitat at the time the species is 
determined to be endangered or threatened. The Service finds that 
designation of critical habitat is not prudent for the Illinois cave 
amphipod at this time. Service regulations (50 CFR 424.12(a)(1)) state 
that 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.
    The Service believes critical habitat is not prudent for the 
Illinois cave amphipod because both of the situations described above 
are believed to exist. The nature of karst terrain means that surface 
features such as sinkholes, fissures, and disappearing streams provide 
a direct connection to the cave streams inhabited by the amphipod. 
Publishing a critical habitat map would delineate the recharge areas of 
the three caves. The Service believes such a map would make it easy to 
locate the sinkhole accesses to the cave streams and could promote 
vandalism in the form of intentional introduction of toxic chemicals 
into the underground system. Listing the Illinois cave amphipod as an 
endangered species publicizes the present vulnerability of this 
species, and, thus can be reasonably expected to increase the threat of 
vandalism or intentional destruction of the species habitat. In light 
of the great vulnerability of this species to vandalism or the 
intentional destruction of its habitat, publication of maps providing 
its precise locations within increasing developing areas and 
descriptions of critical habitat, as required for the designation of 
critical habitat, would reasonably be expected to increase the degree 
of threats to the species, increase

[[Page 40323]]

the difficulties of enforcement, and further contribute to the decline 
of the Illinois cave amphipod.
    In addition, designation of critical habitat would not provide 
significant benefits to the species or its habitat over and above those 
benefits which are already available through a section 7 jeopardy 
finding made during consultation with other Federal agencies. 
Consultation is likely to occur with the U.S. Department of 
Agriculture's Natural Resource Conservation Service (NRCS) and with the 
EPA for programs administered by those agencies. For a species such as 
this, extant in only three small, discrete populations, any significant 
adverse impact to its habitat would likely jeopardize the species' 
continued existence. Therefore, for this species the threshold for a 
jeopardy determination is indistinguishable from the threshold for 
determining adverse modification of critical habitat.
    Critical habitat designation has no legal effect on private actions 
that do not require consultation by a Federal agency under section 7 of 
the Act. Therefore, because there are no significant benefits that will 
accrue from critical habitat designation, and because such a 
designation would present significant additional risks to the species, 
the Service determines that designation of critical habitat would not 
benefit the Illinois cave amphipod.

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 encourages and results in 
conservation actions by Federal, state, and private agencies, groups, 
and individuals. The Act provides for possible land acquisition and 
cooperation with the states and requires that recovery actions be 
carried out for all listed species. The protection required of Federal 
agencies and the prohibitions against taking and harm are discussed, in 
part, below.
    Section 7(a) of the Act 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 being designated. Regulations implementing this interagency 
cooperation provision of the Act are codified at 50 CFR part 402. 
Section 7(a)(4) of the Act requires Federal agencies to confer 
informally with the Service on any action that is likely to jeopardize 
the continued existence of a proposed species or result in destruction 
or adverse modification of proposed critical habitat. If a species is 
listed subsequently, 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 such a 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 must enter into formal consultation with the Service.
    Federal agency actions that may require conference and/or 
consultation as described in the preceding paragraph include activities 
by the NRCS such as the Conservation Reserve Program, the Environmental 
Quality Incentive Program, and the Highly Erodible Land and Wetland 
Conservation provisions of the Food Security Act of 1985. These 
activities will generally benefit the species through the protection of 
groundwater quality. In addition, conference and/or consultation may be 
required with the EPA on the use of pesticides in the watersheds of the 
species range.
    The Act and 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, in part make it illegal for any 
person subject to the jurisdiction of the United States to take 
(including harass, harm, pursue, hunt, shoot, wound, kill, trap, or 
collect; or to attempt any of these), import or 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 also is 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.
    It is the policy of the Service (59 FR 34272; July 1, 1994) 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 the listing on proposed and ongoing 
activities within a species' range. Activities that the Service 
believes could potentially harm or kill the Illinois cave amphipod and 
result in take include, but are not limited to:
    (1) Unauthorized use, application or discharge of agrichemicals, or 
other pollutants, particularly insecticides, onto plants, soil, ground, 
water or other surfaces within the recharge areas of the species range 
that is likely to result in the deterioration of cave water quality and 
harm to the species. Use of such chemicals in violation of label 
directions, or any use following Service notification that such use, 
application or discharge is likely to harm the species, would be 
evidence of unauthorized use, application or discharge. A buffer zone 
identifying the area of greatest concern within the caves recharge area 
will be identified by the Service to indicate areas of special 
sensitivity for the Illinois cave amphipod.
    (2) Discharging of agrichemicals or other pollutants including 
debris, garbage, trash, septic effluent or any other foreign material 
into sinkholes or fissures in the recharge areas of the species range.
    (3) Unauthorized construction, installation of new private septic 
systems or any identified improper use, maintenance or servicing of 
existing private septic systems in the recharge areas of the species' 
range, if such unauthorized construction, installation or identified 
use, maintenance or servicing is likely to result in the contamination 
or degradation of cave stream water quality and harm to the species. 
Illegal or improper construction, installation of new systems or any 
improper use, maintenance or servicing of existing systems, following 
Service notification that such activities and the location of such 
activities within the caves recharge area are likely to harm the 
species and the expiration of a reasonable time to correct or mitigate 
against such system deficiencies, would be evidence of unauthorized 
construction, installation or improper use, maintenance or servicing.
    (4) Impoundment, water diversion, draining, ditching or discharging 
of fill material in wetlands, sinkhole lakes and ponds, sinkholes, 
fissures, and reduction or loss of streams within recharge areas of the 
species range if such activities adversely affect the supply and 
quality of water in the cave streams wherein the species is found.
    (5) Unauthorized visitation or use of Illinois Caverns and other 
caves identified as containing this species if such visitation or use 
is identified as likely to cause impacts to stream habitat and result 
in harm to the species. Visitation or use of Illinois Caverns and other 
caves containing the species, following Service notification that such 
visitation or use is likely to harm the species, would be evidence of 
unauthorized visitation or use.
    The Service believes, based on the best available information, that 
the

[[Page 40324]]

following actions will not result in a violation of section 9:
    (1) Use of fertilizers and pesticides on residential (non-
agricultural) properties within the recharge areas of the species 
range.
    (2) Construction and use of properly constructed and well 
functioning sewer systems within the species range.
    (3) Visitation of Fogelpole Cave by permitted individuals.
    Permits may be issued to carry out otherwise prohibited activities 
involving endangered wildlife under certain circumstances. Regulations 
governing permits are at 50 CFR 17.22, 17.23, and 17.32. For endangered 
species such permits are available for scientific purposes, to enhance 
the propagation or survival of the species, and/or for incidental take 
in connection with otherwise lawful activities.

Public Comments Solicited

    The Service intends that any final action resulting from this 
proposal will be as accurate and as effective as possible. Therefore, 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule are hereby solicited. Comments 
particularly sought concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threat (or lack thereof) to this species;
    (2) The location of any additional populations of this species and 
the reasons why any habitat should or should not be determined to be 
critical habitat as provided by Section 4 of the Act;
    (3) Additional information concerning the range, distribution, and 
population size of this species;
    (4) Current or planned activities in the subject area and their 
possible impacts on this species.
    Final promulgation of the regulation(s) on this species will take 
into consideration the comments and any additional information received 
by the Service, and such communications may lead to a final regulation 
that differs from this proposal.
    The Act provides for a public hearing on this proposal, if 
requested. Requests must be received within 45 days of the date of 
publication of the proposal in the Federal Register. Such requests must 
be made in writing and addressed to Field Supervisor, U.S. Fish and 
Wildlife Service, Ecological Services Field Office, 4469 48th Avenue 
Court, Rock Island, Illinois.

National Environmental Policy Act

    The Fish and Wildlife Service has determined that an Environmental 
Assessment, as defined under the authority of the national 
Environmental Policy Act of 1969, need not be prepared in connection 
with regulations adopted pursuant to Section 4(a) of the Act. A notice 
outlining the Service's reasons for this determination was published in 
the Federal Register on October 25, 1983 (48 FR 49244).

Required Determinations

    The Service has examined this regulation under the Paperwork 
Reduction Act of 1995 and found it to contain no information collection 
requirements.

References Cited

Aley, Thomas and K.C. Thomson. 1984. Septic fields and the 
protection of groundwater quality in Greene County, Missouri. Ozark 
Underground Laboratory. Springfield, MO. Pages 31-46.
Holsinger, John R. 1972. The freshwater amphipod crustaceans 
(Gammaridae) of North America. In: U.S. Envir. Protect. Agency 
Identification Manual No. 5., pages 17-27. Washington, D.C.
Hubricht, Leslie and J.G. Mackin. 1940. Descriptions of nine new 
species of fresh-water amphipod crustaceans with notes and new 
localities for other species. In: The Am. Midl. Nat. 23:192-193, and 
Fig. 2.
Illinois Administrative Code, part 17, Section 1075.
Libra, R.D., G.R. Hallberg, B.E. Hoyer, and L.G. Johnson. 1986. 
Agricultural impacts on ground water quality: The Big Spring basin 
study, Iowa--agricultural impacts on ground water (Omaha, NE). Pages 
253-273. In: Proceedings, National Water Well Association, Dublin, 
OH.
Macek, K.J., K.S. Buxton, S. Sauter, S. Gnilka, and J.W. Dean. 1976. 
Chronic toxicity of atrazine to selected aquatic invertebrates and 
fishes. EPA-600/3-76-047. Environmental Research Laboratory--Duluth, 
U.S. Envir. Protect. Agency, Duluth, MN. As reported in: Pesticide 
background statements, Volume 1 Herbicides. U.S. Forest Service. 
1984. Agriculture Handbook #633. Washington, D.C.
Mayer, Foster L. Jr. and M.R. Ellersieck. 1986. Manual of acute 
toxicity: interpretation and data base for 410 chemicals and 66 
species of freshwater animals. U.S. Dept. of the Int., Fish and 
Wildlife Service. Washington, D.C. 506 pp.
Panno, S.V., I.G. Krapac, C.P. Weibel, and J.D. Bade. 1996. 
Groundwater contamination in karst terrain of southwestern Illinois. 
Illinois State Geological Survey Environmental Geology Series Report 
151. Champaign, IL. 43 pp.
Poulson, T.L. 1991. Assessing groundwater quality in caves using 
indices of biological integrity. Pages 495-511. In: Proceedings of 
the Third Conference on Hydrology, Ecology, Monitoring and 
Management of Groundwater in Karst Terrains. December, 1991. 
Nashville, TN.
Quinlan, J.F. and E.C. Alexander. 1987. How often should samples be 
taken at relevant locations for reliable monitoring of pollutants 
from an agricultural, waste disposal, or spill site in a karst 
terrain? A first approximation. Pages 277-286. In: B.F. Beck and 
W.L. Wilson (eds.) Karst Hydro-geology: Engineering and 
Environmental Applications. Proceedings of the Second 
Multidisciplinary Conference on Sinkholes and the Environmental 
Impacts of Karst, Orlando, FL. 429 pp.
Webb, D.W., S.J. Taylor, and J.K. Krejca. 1993. The biological 
resources of Illinois caves and other subterranean environments. 
Technical Report 1993(8), Center for Biodiversity, Illinois Natural 
History Survey, Champaign, IL.
Webb, D.W. 1995. Status report on the cave amphipod Gammarus 
acherondytes Hubricht and Mackin (Crustacea: Amphipoda) in Illinois. 
Technical Report 1995 (22). Illinois Natural History Survey Center 
for Biodiversity, Champaign, IL. 22 pp.

    Author: The primary author of this proposed rule is Gerald Bade, 
U.S. Fish and Wildlife Service, 4469 48th Avenue Court, Rock Island, 
Illinois 61201.

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly the Service hereby proposes to amend part 17, 
subchapter B of chapter I, title 50 of the Code of Federal Regulation, 
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. Section 17.11(h) is amended by adding the following, in 
alphabetical order under Crustaceans to the list of Endangered and 
Threatened Wildlife:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

[[Page 40325]]



                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                          Species                                                    Vertebrate                                                         
------------------------------------------------------------                         population                                                         
                                                                                       where                                      Critical     Special  
                                                                 Historic range      endangered       Status       When listed    habitat       rules   
            Common name                  Scientific name                                 or                                                             
                                                                                     threatened                                                         
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
            Crustaceans                                                                                                                                 
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Amphipod, Illinois cave............  Gammarus acherondytes.  U.S.A. (IL)..........           NA  E                 ...........           NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: July 10, 1997.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-19763 Filed 7-25-97; 8:45 am]
BILLING CODE 4310-55-P