Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40319

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Chapter I

[CC Docket No. 97–146, FCC 97–219]

Complete Detariffing for Competitive

Access Providers and Competitive

Local Exchange Carriers; Correction

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; correction.

SUMMARY: The Federal Communications

Commission published in the Federal

Register of July 17, 1997, a document

concerning a Notice of Proposed

Rulemaking (NPRM) for complete

detariffing for all non-ILEC providers of

interstate exchange access services.

Inadvertently no due date for Reply

Comments or OMB Comments was

provided. This document provides those

dates.

FOR FURTHER INFORMATION CONTACT:

William Bailey, (202) 418–1520.

SUPPLEMENTARY INFORMATION:

Correction

In the Federal Register issue of July

17, 1997, in FR Doc. 97–18882, on page

38244, in the first column, correct the

DATES caption to read:

DATES: Comments are due on or before

August 18, 1997. Reply comments are

due on or before September 17, 1997.

Written comments submitted by the

Office of Management and Budget

(OMB) on the proposed modifications to

information collections are due on or

before September 26, 1997.

Dated: July 22, 1997.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–19775 Filed 7–25–97; 8:45 am]

BILLING CODE 6712–01–P

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.

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
40320 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules

(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)

(LC50 = 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-diphenyltrichloroethane), 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 (dichlorodiphenyldichloroethylene) 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
Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 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-cavedependent macrofauna which may

replace cave-dependent species. If the

input of waste decreases later,

chironomid midges and other non-cavedependent species survive but can no

longer reproduce, while the

reproduction of short-lived cavedependent isopods and flatworms is

stimulated. At still lower impact levels,

the reproduction of larger cavedependent 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 BiCounty Health Department, Waterloo,

IL., pers. comm. 1996).

The toxicity of contaminants to cavedwelling species may be quite different

than the response of their surfacedwelling 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
40322 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules

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
Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 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
40324 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules

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:

§ 17.11 Endangered and threatened

wildlife.

* * * * *

(h) * * *
Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40325

Species

Historic range

Vertebrate

population

where endangered or

threatened

Status When listed Critical

habitat

Special

rules Common name Scientific name

* * * * * * *

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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AE30

Endangered and Threatened Wildlife

and Plants; Proposed Endangered

Status for the Plant Sidalcea Keckii

(Keck’s Checker-Mallow) From Tulare

County, California

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The Fish and Wildlife Service

(Service) proposes to list Sidalcea keckii

(Keck’s checker-mallow) as endangered

pursuant to the Endangered Species Act

of 1973, as amended (Act). Sidalcea

keckii is known only from a single

population in the annual grasslands of

Tulare County, California. Sidalcea

keckii is threatened by urban

development, agricultural land

conversion, and naturally occurring

events. This proposal, if made final,

would implement the Federal protection

and recovery provisions afforded by the

Act for the plant.

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 Field Supervisor, U.S. Fish and

Wildlife Service, Sacramento Field

Office, 3310 El Camino Avenue,

Sacramento, California 95825.

Comments and materials received will

be available for public inspection, by

appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: Ken

Fuller, Sacramento Field Office (see

ADDRESSES section), (telephone 916/

979–2120; facsimile 916/ 979–2128).

SUPPLEMENTARY INFORMATION:

Background

The San Joaquin Valley of California

is a large, north-south oriented, alluvial

valley that is mostly farmed or

urbanized. The San Joaquin Valley, from

Stockton in the north to Bakersfield in

the south, is approximately 700

kilometers (km) (320 miles (mi)) long

and 300 km (135 mi) wide. Tulare

County, one of ten counties in the San

Joaquin Valley, is located toward the

southern end of the valley. A single

population of Sidalcea keckii occurs

toward the southern end of the valley,

in south-central Tulare County.

Sidalcea keckii is a slender, hairy,

erect annual herb belonging to the

mallow family (Malvaceae). The species

grows 1.5 to 3.5 decimeters (dm)(6 to 13

inches(in.)) tall. The lower leaf blades

have 7 to 9 shallow lobes. The upper

leaves have a tapered base with 2 to 5

notches in the upper lobes. A few deep

pink flowers, 10 to 20 millimeters (mm)

(0.4 to 0.8 in.) wide, appear in April

through May. Seeds are smooth and

pink-tinted. Sidalcea keckii closely

resembles four other annual species of

Sidalcea—S. calycosa, S. diploscyha, S.

hartwegii, and S. hirsuta. Sidalcea

calycosa and S. diploscyha have ranges

that overlap with S. keckii. Sidalcea

keckii can be variously separated from

similar species by the number and size

of flowers, the arrangement of stamens,

the lengths of the bract and calyx, the

presence of an aggregation of linear

stipules and bracts surrounding the

flower at maturity, the size and shape of

the stem leaves, the density of hairs on

the stems, and the presence of a

purplish spot on the flower.

Wiggins (1940) described Sidalcea

keckii from specimens collected in 1935

and 1938 near White River, Tulare

County. Sidalcea keckii was known

historically from three populations

occurring between 120 to 425 meters

(m) (400 to 1,400 feet (ft)) in elevation,

but it has not been seen at two of these

sites for about 57 years. It was

considered to be extinct until 1992,

when the third, and only extant,

population of S. keckii was discovered

by consultants conducting a site

inventory as part of the environmental

compliance prior to construction of a

subdivision (Woodward and Clyde,

Biological Consultants, 1992). The

population of S. keckii occurs on 20 to

40 percent slopes of red or whitecolored clay in sparsely-vegetated

annual grasslands. The clays are thought

to be derived from serpentine

(magnesian or ultramafic) soils. The

population covers an area measuring 30

m by 100 m (100 ft by 320 ft) and had

a total of only 60 plants in 1992. It

occurs on a privately-owned parcel of

land comprising an area of 280 hectare

(ha) (700 acre (ac)) that is currently

grazed by livestock. S. keckii is

threatened by urban development,

agricultural land conversion, and

naturally occurring events.

Previous Federal Action

Federal government actions on the

plant began as a result of section 12 of

the original Endangered Species Act of

1973, (Act) as amended (16 U.S.C. 1531

et seq.), which directed the Secretary of

the Smithsonian Institution to prepare a

report on those plants considered to be

endangered, threatened, or extinct in the

United States. This report, designated as

House Document No. 94–51, was

presented to Congress on January 9,

1975, and included Sidalcea keckii as a

threatened species. The Service

published a notice on July 1, 1975 (40

FR 27823) of its acceptance of the report

of the Smithsonian Institution as a