[Federal Register Volume 59, Number 56 (Wednesday, March 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6791]
[[Page Unknown]]
[Federal Register: March 23, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC13
Endangered and Threatened Wildlife and Plants; Proposal to List
the San Xavier Talussnail 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 to list
the San Xavier talussnail (Sonorella eremita) as an endangered species
under the Endangered Species Act of 1973, as amended (Act). The San
Xavier talussnail is found only in an area of 15 by 30 meters (m) (50
by 100 feet (ft)) on private land in Pima County, Arizona. The primary
threat to the species results from its vulnerability to habitat
disturbances that would remove talus, increase interstitial soil, or
alter moisture accumulation and retention. This proposal, if made
final, would implement Federal protection provided by the Act for the
San Xavier talussnail. The Service seeks data and comments from the
public on this proposal.
DATES: Comments from all interested parties must be received by May 23,
1994. Public hearing requests must be received by May 9, 1994.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, Arizona Ecological Services Field Office,
U.S. Fish and Wildlife Service, 3616 West Thomas Road, Suite 6,
Phoenix, Arizona 85019. Comments and materials received will be
available for public inspection, by appointment, during normal business
hours at the above address.
FOR FURTHER INFORMATION CONTACT: Debra T. Bills, at the above address
(602/379-4720).
SUPPLEMENTARY INFORMATION:
Background
The San Xavier talussnail (Sonorella eremita) is a land snail,
first described in 1910 by H.A. Pilsbry and L.E. Daniels (Pilsbry and
Ferriss 1915). The species has a globose shell with as many as 4.5
whorls, a white to pinkish tint, and a chestnut-brown shoulder band. It
is approximately 19 millimeters (0.7 inches) in diameter. This is the
only land snail fitting this description in the Mineral Hills area, but
its shell is very typical of desert Sonorella (Pilsbry and Ferriss
1915).
The San Xavier talussnail lives in a deep, northwestward-facing,
limestone rockslide in Pima County, Arizona. Its habitat is protected
from drying effects of the sun by outcrops of limestone and decomposed
granite to the northeast and southwest, and by the hill itself to the
southeast (Pilsbry and Ferriss 1915, Hoffman 1990). The vegetation,
slope of the hillside, and depth of the slide provide necessary
moisture conditions. This talussnail is similar to other Sonorella
species in that it feeds on fungus or decaying plant material (Hoffman
1990). The San Xavier talussnail is hermaphroditic (Morton 1968,
Hoffman 1990). After a rain, the snail will lay eggs, feed, and mate.
Fertilization and production of eggs takes several days. If the rains
are short-lived, the eggs are held until the next rain. The species
requires three or four years to mature, depending on rainfall
frequency, and has a reproductive life of four to six years, depending
on the total number of days it remains active (Hoffman 1990).
Talussnails are extremely sensitive to desiccation and
sedimentation resulting from disturbance of the talus and associated
vegetation. In general, desert snails are known to protect themselves
from drying out by crawling into deep, cool rockslides that are not
filled with soil. The limestone rock or other talus that contains
calcium carbonate is crucial to the species, as it aids in shell
deposition and neutralizes carbonic acid that is produced during
estivation (Hoffman 1990). The San Xavier talussnail is known to
estivate for up to three years and in most years is only active for
three or four days (Hoffman 1990).
The San Xavier talussnail was included as a Category 2 species in
the Service's May 22, 1984, notice of review of candidate invertebrates
(49 FR 21664) and in the January 6, 1989, animal candidate notice of
review (54 FR 554). Category 2 species are those for which the Service
has some evidence of vulnerability, but for which there is insufficient
scientific and commercial information to support proposed rules at the
time. The San Xavier talussnail was included as a Category 1 species in
the November 21, 1991, animal candidate notice of review (56 FR 58804).
Category 1 species are those for which the Service has sufficient
biological data to support proposals for listing.
Summary of Factors Affecting the Species
Section 4 of the Endangered Species Act (16 U.S.C. 1531 et seq.)
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 may be determined to be an endangered or
threatened species due to one or more of the five factors described in
section 4(a)(1). These factors and their application to the San Xavier
talussnail (Sonorella eremita) are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. The San Xavier talussnail is a
very restricted endemic and is extremely vulnerable to any disturbance
that would remove talus, increase interstitial sedimentation, or
otherwise alter moisture conditions in its habitat (e.g., road or trail
expansion or alteration, mining exploration) (Hoffman 1990). Within the
species' habitat are inactive mining prospects and mines, mining
stakes, a powerline across the east ridge, and a road leading to a
microwave site on the hilltop. A large copper mine is located nearby.
There are housing developments of small acreage to the north and to the
southwest of the hill. The habitat is too steep (30 to 40 percent
slope) to permit house construction, but possible future threats
include additional road construction, expansion of the copper mine and/
or tailings, and small-scale prospecting and mining.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. The extremely restricted habitat of this species
makes it vulnerable to excessive collecting during periods when the
snails are active.
C. Disease or predation. No diseases are known. Rodent predation is
random and sporadic on the San Xavier talussnail (Hoffman 1990).
D. The inadequacy of existing regulatory mechanisms. The State of
Arizona offers no protection to this species. The Act would provide
protection and encourage active management through ``Available
Conservation Measures'' discussed below.
E. Other natural or manmade factors affecting its continued
existence. The very restricted range of the San Xavier talussnail makes
it vulnerable to extinction from relatively small-scale human actions.
The only known habitat for the species is on a single rockslide near
Tucson, Arizona, in an area of limestone talus about 15 by 30 m (50 by
100 ft) near a dirt road. The habitat is located downslope from a dirt
road, making it vulnerable to infiltration of rocks and soil or other
material. The species is so restricted in range that it is threatened
by even limited removal of cover through vandalism or by individuals
curious about the presence of a rare species. Removal of cover,
including both rocks and vegetation, harms snails by exposing them to
the drying effects of the sun and periods of low ambient humidity.
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 San
Xavier talussnail as endangered. The species has a highly restricted
range, is located in an area of growing urban development and active
mining, and is easily accessible by road. Although the San Xavier
talussnail is on private land, Federal actions may occur as the area
continues to develop. Endangered status is most appropriate because the
single known population could be destroyed by one action. Because of
the vulnerability of the population, threatened status does not appear
appropriate for the San Xavier talussnail. A decision to take no action
would exclude this species from needed protection available under the
Act, and the species would likely decline. The decision not to propose
critical habitat for the San Xavier talussnail is explained in the
following section.
Critical Habitat
Section 4(a)(3) of the Act, as amended, requires that, to the
maximum extent prudent and determinable, the Secretary propose critical
habitat at the time a species is proposed to be endangered or
threatened. The Service finds that designation of critical habitat is
not prudent for the San Xavier talussnail at this time.
The extremely restricted habitat of the species makes it vulnerable
to collection and isolated acts of vandalism. Although there are
relatively few amateur collectors of land snails, a single collection
effort under advantageous conditions could severely deplete the
species' population. The population could, however, withstand some
limited, regulated scientific collection. Of greater concern than
collection is the potential for acts of vandalism that directly kill
the snails by crushing or by habitat disturbances that cause
desiccation of the snails. These acts may sometimes be purposeful, but
may also be caused by well-intentioned persons who are curious about
the presence of an endangered species. The likelihood of these
potential threats occurring would be greatly increased by designation
of critical habitat, because the publication of critical habitat maps
and descriptions would allow unauthorized persons to precisely identify
the locality of this species. Identification of critical habitat would
therefore increase the degree of threat to this species.
Critical habitat designation would also not provide additional
benefit to the species. The range and major ecological requirements of
this species are sufficiently known to provide adequate protection
through the Act's take prohibitions and application of the section 7
jeopardy standard. The Service will continue to communicate the
conservation needs of the species to the involved landowner, as well as
inform the landowner of the status of legal protection and conservation
planning for the species.
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, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) requires Federal agencies to confer with the
Service on any action that is likely to jeopardize the continued
existence of a species proposed for listing or result in destruction or
adverse modification of proposed critical habitat. If a species is
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.
Potential Federal activities that may require consultation under
section 7 include permits for road and transmission facilities near the
locality of the San Xavier talussnail.
The Act and implementing regulations found at 50 CFR 17.21 set
forth a series of general prohibitions and exceptions that apply to all
endangered wildlife. These prohibitions, in part, make it illegal for
any person subject to the jurisdiction of the United States to take
(includes harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect; or to attempt any of these), import 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.
Permits may be issued to carry out otherwise prohibited activities
involving endangered wildlife species under certain circumstances.
Regulations governing permits are codified at 50 CFR 17.22. Such
permits are available for scientific purposes, to enhance the
propagation or survival of the species, and/or for incidental take in
the course of otherwise lawful activities.
Requests for copies of the regulations regarding listed wildlife
and inquiries regarding prohibitions and permits may be addressed to
the Office of Management Authority, U.S. Fish and Wildlife Service,
room 420C, 4401 N. Fairfax Drive, Arlington, Virginia 22203 (703/358-
2104; FAX 703/358-2281).
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 are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to the San Xavier talussnail;
(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; and
(4) Current or planned activities in the subject area and their
possible impacts on this species.
Final promulgation of the regulation 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 Endangered Species Act provides for one or more public hearings
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
Arizona Ecological Services Office (see ADDRESSES section).
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments and Environmental Impact Statements, 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 Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
Hoffman, J.E. 1990. Status survey of seven land snails in the
Mineral Hills and the Pinaleno Mountains, Arizona. Prepared for U.S.
Fish and Wildlife Service, Phoenix, Arizona. Contract Number: 20181-
88-00973.
Morton, J.E. 1968. Molluscs. Hutchinson University Library. London.
244 pp.
Pilsbry, H.A., and J.A. Ferriss. 1915. Mollusca of the southwestern
states. VII. The Dragoon, Mule, Santa Rita, Baboquivari and Tucson
ranges, Arizona. Proc. Acad. Nat. Sci. Phila. 67:363-418; Plates 8-
15.
Authors
The primary authors of this proposed rule are Debra T. Bills,
Arizona Ecological Services Field Office (see ADDRESSES section),
and Dr. Steven M. Chambers, Division of Endangered Species, U.S.
Fish and Wildlife Service, P.O. Box 1306, Albuquerque, New Mexico
87123 (505/766-3972).
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 Regulations,
as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Section 17.11(h) is amended by adding the following, in
alphabetical order under ``SNAILS,'' to the List of Endangered and
Threatened Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
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Species Vertebrate
---------------------------------- population
where When listed Critical Special
Scientific name Historic range endangered Status habitat rules
Common name or
threatened
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* * * * * * *
Snails
* * * * * * *
Talussnail, San Sonorella U.S.A. (AZ).... NA E ........... NA NA
Xavier. eremita.
* * * * * * *
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Dated: March 14, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-6791 Filed 3-22-94; 8:45 am]
BILLING CODE 4310-55-P
