94-18931. Endangered and Threatened Wildlife and Plants; Proposed Rule to List the San Diego Fairy Shrimp as Endangered  

  • [Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-18931]
    
    
    [[Page Unknown]]
    
    [Federal Register: August 4, 1994]
    
    
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    DEPARTMENT OF THE INTERIOR
    50 CFR Part 17
    
    RIN 1018-AC83
    
     
    
    Endangered and Threatened Wildlife and Plants; Proposed Rule to 
    List the San Diego Fairy Shrimp as Endangered
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The Fish and Wildlife Service (Service) proposes to list the 
    San Diego fairy shrimp (Branchinecta sandiegoensis) as endangered 
    throughout its range in southwestern California and northwestern Baja 
    California, Mexico, pursuant to the Endangered Species Act of 1973, as 
    amended (Act). This species occurs in vernal pools and is threatened by 
    a variety of factors including: Habitat destruction and fragmentation 
    from agricultural and urban development, alterations of wetland 
    hydrology by draining, off-road vehicle activity, and cattle and sheep 
    grazing. This proposed rule, if made final, would extend the Act's 
    protection to the San Diego fairy shrimp.
    
    DATES: Comments from all interested parties must be received by October 
    3, 1994. Public hearing requests must be received by September 19, 
    1994.
    
    ADDRESSES: Comments and materials concerning this proposal should be 
    sent to the Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad 
    Field Office, 2730 Loker Avenue West, Carlsbad, California 92008. 
    Comments and materials received will be available for public 
    inspection, by appointment, during normal business hours at the above 
    address.
    
    FOR FURTHER INFORMATION CONTACT: Fred M. Roberts, at the above address 
    (telephone 619/431-9440).
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The San Diego fairy shrimp (Branchinecta sandiegoensis) is a member 
    of Branchinectidae, a freshwater crustacean family in the Order 
    Anostraca (fairy shrimp). The species was first described by Michael 
    Fugate (1993) based on collections made at Del Mar Mesa in San Diego 
    County in 1990 by himself and M. Simovich. The San Diego fairy shrimp 
    is closely allied with, and has historically been misidentified as, B. 
    lindahli, a species widely distributed in western North America. The 
    San Diego fairy shrimp was first collected (but then identified as B. 
    lindahli) in Poway and Ramona, San Diego County, in 1962; additional 
    collections were made on Kearny Mesa in 1979 (Simovich and Fugate 
    1992).
        The San Diego fairy shrimp is restricted to vernal pools, which 
    occur in areas with shallow depressions that have a clay hardpan soil 
    layer that inhibits water percolation. This results in a perched water 
    table during the winter rainy season and the following spring. Vernal 
    pools retain water only long enough to support relatively few species 
    of aquatic emergent plants and invertebrates. As the pools dry and the 
    surface water recedes toward the center of the pool, a unique and 
    dynamic flora develops in its place. Vernal pools typically occur on 
    mesa tops or valley floors and are surrounded by very low hills, 
    usually referred to as mima mounds (Zedler 1987).
        The San Diego fairy shrimp is a small and delicate animal with 
    large stalked compound eyes, no carapace, and 11 pairs of swimming 
    legs. Mature males are from 9 to 16 mm (0.4 to 0.6 in) in length and 
    females are 8 to 14 mm (0.4 to 0.5 in) in length. They swim or glide 
    upside down by means of complex beating movements of the legs that pass 
    in a wave-like anterior to posterior direction. The second pair of 
    antennae on the adult female are cylindrical and elongate, but in the 
    male are greatly enlarged and specialized for clasping the female 
    during copulation. The female carries the eggs in an oval or elongate 
    ventral brood sac. The eggs are either released or remain attached to 
    the female until she dies and sinks. The thick-shelled eggs are capable 
    of withstanding high heat, cold, and prolonged desiccation.
        The San Diego fairy shrimp occurs in San Diego County from San 
    Marcos and Ramona south to Otay Mesa and at Valle de Palmas in 
    northwestern Baja California, Mexico. All known localities are below 
    700 meters (2,300 feet) and within 50 kilometers (30 miles) of the 
    Pacific coast. Five other branchinectid fairy shrimp occur in southern 
    California. Only one of these species, Branchinecta lindahli, is known 
    from San Diego County (Simovich and Fugate 1992). B. lindahli is a 
    habitat generalist and may occur in ponds or ditches. The only other 
    branchinectid fairy shrimp in southern California that is similar in 
    appearance to the San Diego fairy shrimp is the vernal pool fairy 
    shrimp (B. lynchi), which occurs in adjacent Riverside County. Male San 
    Diego fairy shrimp may be separated from males of other species within 
    the genus by the shape of the second antenna. Female San Diego fairy 
    shrimp are distinguishable by the shape and length of the ovisac and 
    egg and by the presence of paired dorsolateral spines (Fugate 1993).
        The San Diego fairy shrimp is a habitat specialist and is 
    restricted to vernal pools. This species occasionally occurs in ditches 
    and road ruts, but only if these depressions are in degraded vernal 
    pool habitat (D. Hogan, San Diego Biodiversity Project, in litt., 1992; 
    Marie Simovich, University of San Diego, pers. comm., 1993). This 
    species appears to prefer cool water temperatures ranging from 10 to 23 
    degrees centigrade (Fugate and Simovich 1992).
        The prehistorical distribution of this species is uncertain. The 
    majority of the vernal pools in this region were lost prior to 1990. 
    However, based on historical collections (some originally identified as 
    B. lindahli) the San Diego fairy shrimp was known from at least 15 
    locales within San Diego County (Balko and Ebert 1987, Fugate 1993). 
    The fairy shrimp presently occurs in fewer than 70 vernal pools within 
    11 vernal pool complexes in coastal San Diego County (Hogan 1992). 
    Three of the San Diego County populations of this species are on 
    Federal land (all on Miramar Naval Air Station). Two others are, in 
    part, on public land (Del Mar Mesa Vernal Pool Preserve and Mission 
    Trails Regional Park).
        The San Diego fairy shrimp has also been reported from Isla Vista 
    in Santa Barbara County, California, but the identification of the 
    single female individual is unconfirmed (Michael Fugate, University of 
    Oregon, pers. comm., 1993). Directed surveys of vernal pools in Isla 
    Vista for fairy shrimp have not located any additional San Diego fairy 
    shrimp individuals (Marie Simovich, pers. comm., 1994). The vernal 
    pools in south coastal Santa Barbara County have been significantly 
    reduced in number by the same factors that have reduced the number of 
    vernal pools in San Diego County (Ferren and Pritchett 1988). The Santa 
    Barbara County vernal pools are now isolated from those in San Diego 
    County by agricultural and urban development in Ventura, Los Angeles, 
    and Orange Counties.
    
    Previous Federal Action
    
        On March 24, 1992, the Service received a petition to list the San 
    Diego fairy shrimp as endangered. Petitioners were Dave Hogan of the 
    San Diego Biodiversity Project in Julian, California, and Denton Belk 
    of Our Lady of the Lake University in San Antonio, Texas. The Service 
    finds that substantial information was presented in the petition to 
    indicate that the requested action may be warranted. This finding is 
    based on a detailed narrative justification in the petition for the 
    recommended action, including information about the distribution, 
    decline, and threats to this species over a significant portion of its 
    range. This proposed rule is the first Federal action on the San Diego 
    fairy shrimp and constitutes the final 1-year finding on the petitioned 
    action that the action is warranted, as required by section 4(b)(3)(B) 
    of the Act.
    
    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 Diego 
    fairy shrimp (Branchinecta sandiegoensis Fugate) are discussed below.
        A. The Present or Threatened Destruction, Modification, or 
    Curtailment of Its Habitat or Range
        The natural plant communities of coastal San Diego County and 
    northwestern Baja California, Mexico, have undergone significant 
    changes as a result of both direct and indirect human-caused 
    activities. The rapid urbanization of this region has already 
    eliminated a significant proportion of the vernal pool habitat for this 
    taxon. The remaining patches of habitat are frequently isolated, 
    degraded, and/or fragmented by agricultural practices, streambed 
    channelization and other hydrological alterations, and grazing.
        Vernal pools have undergone an extraordinary reduction in number 
    and have nearly been eliminated in southern California. In San Diego 
    County, over 97 percent of vernal pool habitat had been lost by 1986 
    (Bauder 1986). While it is uncertain how many of these pools were 
    occupied by the San Diego fairy shrimp, the species was known to occupy 
    a number of vernal pools that have since been disturbed, destroyed or 
    lost (Bauder 1986, Balko and Ebert 1987, Fugate 1993).
        In San Diego County, the San Diego fairy shrimp occurs within 
    vernal pool complexes that have been and continue to be impacted by 
    urbanization and agricultural conversion (Bauder 1986, Hogan and Belk 
    1992, Nancy Gilbert and Ellen Berryman, U.S. Fish and Wildlife Service, 
    pers. comm., 1993). Nine of the 11 known populations of San Diego fairy 
    shrimp in San Diego County are declining because of vernal pool 
    destruction (Bauder 1986; D. Hogan, in litt. 1992; Marie Simovich, 
    pers. comm., 1993).
        At least two populations of the San Diego fairy shrimp occur on 
    Otay Mesa in San Diego County. A minimum of 37 proposed Precise Plans 
    and Tentative Maps for development have been filed pursuant to the 
    California Environmental Quality Act for this area. These plans 
    encompass about 80 percent of the undeveloped portion of the mesa 
    within the jurisdiction of the city of San Diego and virtually all but 
    four of the remaining vernal pool complexes. Several of these projects 
    will impact the San Diego fairy shrimp. At least one major 
    transportation project has been proposed for Otay Mesa and could 
    potentially impact vernal pools that are occupied by the San Diego 
    fairy shrimp.
        The San Diego fairy shrimp is found on Federal lands managed by the 
    Navy. The species occurs on Miramar Naval Air Station. These lands are 
    used, in part, for military training activities that involve off-road 
    vehicle maneuvers that adversely impact the species (Hogan and Belk 
    1992).
        Trash dumping has also degraded vernal pools in San Diego County. 
    Discarded chunks of concrete, tires, refrigerators, furniture, and 
    other pieces of garbage or debris have been found in pools containing 
    the San Diego fairy shrimp. This trash crushes or shades vernal pool 
    plants, disrupts the hydrologic functions of the pool, and in some 
    cases, may release toxic substances.
        Vernal pools in San Diego County have also been degraded by off-
    road vehicles. These vehicles compact soils, crush plants when water is 
    present, cause turbidity, and leave deep ruts. This type of damage may 
    alter the microhydrology of the pools. Dirt roads that go through or 
    adjacent to pools are widened as motorists try to avoid mud puddles and 
    in this way, the pools are gradually destroyed.
        The San Diego fairy shrimp's vernal pool habitat is also vulnerable 
    to indirect destruction due to the alteration of the supporting 
    watershed. An increase in water due to urban run-off leads to increased 
    inundation and makes pools vulnerable to invasion by marshy plant 
    species resulting in decreased abundance of obligate vernal pool taxa. 
    At the other extreme, some pools have been drained or blocked from 
    their source of water and have shown an increased domination by upland 
    plant species. The San Diego fairy shrimp is especially vulnerable to 
    alterations in hydrology.
        Development projects adjacent to vernal pools are often responsible 
    for adverse alterations in drainage. Hydrological alterations are 
    sometimes a result of agricultural development, or a combination of 
    urban development and agriculture.
        B. Overutilization for Commercial, Recreational, Scientific, or 
    Educational Purposes
        Overutilization is not currently a known threat factor for the San 
    Diego fairy shrimp.
        C. Disease or Predation
        As vernal pools mature, there is a gradual increase in numbers and 
    size of predaceous aquatic insects, known to consume fairy shrimp 
    (Zedler 1987).
        D. The Inadequacy of Existing Regulatory Mechanisms
        Existing regulatory mechanisms that could provide some protection 
    for the San Diego fairy shrimp include: (1) Consideration under the 
    California Environmental Quality Act (CEQA); (2) implementation of 
    conservation plans pursuant to the State of California's Natural 
    Community Conservation Planning Act of 1991 (NCCP), the San Diego 
    Multiple Species Conservation Plan (MSCP), and the San Diego County 
    Multiple Habitat Conservation Plan (MHCP); (3) section 404 of the 
    Federal Clean Water Act; (4) occurrence with other species protected by 
    the Federal Endangered Species Act; (5) land acquisition and management 
    by Federal, State, or local agencies, or by private groups and 
    organizations; (6) local laws and regulations; and (7) Mexican law.
        Most of the known populations of the taxon occur on privately owned 
    land. Local lead agencies empowered to uphold and enforce the 
    regulations of the CEQA have made determinations that have or will 
    adversely affect the San Diego fairy shrimp. Required biological 
    surveys are often inadequate and project proponents may ignore the 
    results of surveys if occurrences of sensitive species are viewed as a 
    constraint on project design. Mitigation measures used to condition 
    project approvals are essentially experimental and fail to adequately 
    guarantee protection of sustainable populations.
        For example, in San Diego County, vernal pools containing the San 
    Diego fairy shrimp and the Federal- and State-listed Pogogyne abramsii 
    (San Diego mesa mint) were destroyed without adequate environmental 
    documentation or coordination with the Service and the California 
    Department of Fish and Game. In this case, the project proponent was a 
    school district.
        Section 15380 of CEQA requires that impacts to any taxon that meets 
    the criteria for listing under the California Endangered Species Act be 
    treated as significant regardless of its current listing status. The 
    San Diego fairy shrimp has been recognized as a distinct taxon by the 
    scientific and local conservation communities since 1990. Impacts to 
    this species would qualify as significant under section 15380 of CEQA 
    even though this species was not formally recognized until 1993 (Fugate 
    1993). However, this taxon has only been considered in a limited number 
    of environmental impact reports since 1990.
        In 1991, the State of California established the NCCP program to 
    address the conservation needs of natural ecosystems throughout the 
    State. The initial focus of this program was the coastal sage scrub 
    community. The San Diego fairy shrimp is found in vernal pools and not 
    coastal sage scrub. The San Diego fairy shrimp is being considered 
    under the MSCP and MHCP programs. These programs, under development by 
    the County of San Diego and its coastal cities, are being integrated as 
    components of the NCCP program. However, these programs are still in 
    the developmental phase, and it is uncertain as to what degree they 
    will be successful in providing protection for this species. For 
    example, two alternatives of the MSCP (coastal sage scrub and public 
    lands) would not provide adequate preservation for the San Diego fairy 
    shrimp because much of the shrimp's habitat (vernal pools) would be 
    excluded.
        Under section 404 of the Clean Water Act, the U.S. Army Corps of 
    Engineers (Corps) regulates the discharge of fill into waters of the 
    United States, including navigable waters, wetlands (e.g., vernal 
    pools), and other waters. The Clean Water Act requires project 
    proponents to obtain a permit from the Corps prior to undertaking many 
    activities (e.g., grading, discharge of soil or other fill material, 
    etc.) that would result in the fill of wetlands under the Corps' 
    jurisdiction. The Corps promulgated Nationwide Permit Number 26 (see 33 
    CFR 330.5(a)(26)) to address fill of isolated or headwater wetlands 
    totalling less than 10 acres. Under Nationwide Permit 26, proposals 
    that involve the fill of wetlands less than one acre are considered 
    authorized. Where fill would adversely modify between 1 to 10 acres of 
    wetland, the Corps circulates a predischarge notification to the 
    Service and other interested parties for comment to determine whether 
    or not an individual permit should be required for a proposed fill 
    activity and associated impacts.
        Individual permits are required for the discharge of fill material 
    that would fill or adversely modify greater than 10 acres of wetlands. 
    The review process for the issuance of individual permits is more 
    rigorous than for nationwide permits. Unlike nationwide permits, an 
    analysis of cumulative wetland impacts is required for individual 
    permit applications. Resulting permits may include special conditions 
    that require the avoidance or mitigation of environmental impacts. On 
    nationwide permits, the Corps has discretionary authority to require an 
    applicant to seek an individual permit if the Corps believes that the 
    resources are sufficiently important, regardless of the wetland's size. 
    In practice, the Corps rarely requires an individual permit when a 
    project would qualify for a nationwide permit, unless when a threatened 
    or endangered species or other significant resources would be adversely 
    affected by the proposed activity.
        The San Diego fairy shrimp could potentially be affected by 
    projects requiring a permit from the Corps under section 404 of the 
    Clean Water Act. Although the objective of the Clean Water Act is to 
    ``restore and maintain the chemical, physical, and biological integrity 
    of the Nation's waters'' (Pub. L. 92-500), which include navigable and 
    isolated waters, headwaters, and adjacent wetlands, no specific 
    provisions adequately address the need to conserve candidate species 
    such as the San Diego fairy shrimp.
        Even if the Corps establishes jurisdiction under the Clean Water 
    Act over vernal pools, this does not ensure their protection. At least 
    two vernal pool complexes under Corps jurisdiction in San Diego County 
    have been destroyed or degraded without a section 404 permit (Jim Dice, 
    Calif. Department of Fish and Game, pers. comm., 1993; U.S. Fish and 
    Wildlife Service data files).
        The Act can incidentally afford protection to the San Diego fairy 
    shrimp if they co-exist with species already listed as threatened or 
    endangered. Pogogyne abramsii (San Diego mesa mint), Pogogyne nudiscula 
    (Otay Mesa mint), Orcuttia californica (California orcutt grass), 
    Eryngium aristulatum var. parishii (San Diego button celery), and the 
    Riverside fairy shrimp (Streptocephalus wootoni) are listed as 
    endangered under the Act and occur in the same habitat as the San Diego 
    fairy shrimp. However, these species are generally not found in the 
    same vernal pool complexes as the San Diego fairy shrimp. The Riverside 
    fairy shrimp and San Diego fairy shrimp co-exist in only three vernal 
    pool complexes in San Diego County. Within a vernal pool complex, the 
    San Diego fairy shrimp does not often occur in the same pools as listed 
    species.
        Land acquisition and management by Federal, State, or local 
    agencies, or by private groups and organizations has contributed to the 
    protection of some localities inhabited by this taxon. However, as 
    discussed below, these efforts are often directed at other species and 
    are inadequate to assure the long-term survival of the San Diego fairy 
    shrimp.
        The San Diego fairy shrimp occurs within the California Department 
    of Transportation Vernal Pool Preserve. Although these pools are 
    managed for the long-term protection of vernal pool flora and fauna, 
    off-road vehicle activity, development proposals immediately adjacent 
    to the preserve, and proposed restoration actions threaten the San 
    Diego fairy shrimp at this locality (Hogan and Belk 1992; M. Simovich, 
    pers. comm., 1993).
        The San Diego fairy shrimp also occurs in northwestern Baja 
    California, Mexico. The Service is not aware of any existing regulatory 
    mechanisms in Mexico that would protect the San Diego fairy shrimp or 
    its habitat.
    
    E. Other Natural or Manmade Factors Affecting Its Continued Existence
    
        Cattle grazing occurs on Otay Mesa in areas where several vernal 
    pool complexes contain the San Diego fairy shrimp. Livestock grazing 
    typically changes the composition of native plant communities by 
    reducing or eliminating those species that can not withstand trampling 
    and by enabling more resistant (usually non-native) species to increase 
    in abundance. Taxa that were not previously part of the native flora 
    may be introduced and flourish under a grazing regime and may reduce or 
    replace native species through competition for resources.
        Disturbance of vernal pools in San Diego County increases the 
    potential for other fairy shrimp species (such as the widespread 
    Branchinecta lindahli) to replace the San Diego fairy shrimp, which is 
    unable to persist under disturbed conditions (M. Simovich, in litt., 
    University of San Diego, 1992).
        San Diego fairy shrimp are highly reliant on seasonal rainfall. 
    Drier conditions, such as those that prevailed from 1986 to 1992, 
    reduce the number of individuals in populations. Climatic conditions 
    stress species. Negative effects of habitat loss and degradation from 
    other factors including development, discing, and grazing, when 
    combined with climatic conditions, increase the level of threat to the 
    San Diego fairy shrimp.
        The Service has carefully assessed the best scientific and 
    commercial information available regarding the past, present, and 
    future threats faced by the San Diego fairy shrimp in determining to 
    propose this rule. Based on this evaluation, the Service finds that the 
    preferred action is to list the San Diego fairy shrimp as endangered. 
    The San Diego fairy shrimp is threatened by one or more of the 
    following factors: Habitat alteration and destruction resulting from 
    urban and agricultural development; alteration of hydrology; off-road 
    vehicle use/recreational activities; inadequate regulatory mechanisms; 
    and grazing.
        The San Diego fairy shrimp is in imminent danger of extinction 
    throughout all or a significant portion of its range. Critical habitat 
    is not being proposed for this taxon for the reasons discussed below.
    
    Critical Habitat
    
        Section 4(a)(3) of the Act, as amended, requires that, to the 
    maximum extent prudent and determinable, the Secretary designate 
    critical habitat at the time the taxon is listed. Critical habitat is 
    not determinable if insufficient information exists to perform an 
    economic impact analysis of designating a particular area as critical 
    habitat, or if the biological needs of the species are not sufficiently 
    well known to permit identification of an area as critical habitat (50 
    CFR 424.12(a)(2)).
        The Service is in the process of defining critical habitat and 
    determining more clearly what the ecological requirements and 
    constituent elements are for the San Diego fairy shrimp. The Service 
    may find that determination of critical habitat is not prudent for this 
    taxon, however, at this time designation of critical habitat is not 
    determinable.
    
    Available Conservation Measures
    
        Conservation measures provided to species listed as endangered or 
    threatened under the Endangered Species Act include recognition, 
    recovery actions, requirements for Federal protection, and prohibitions 
    against certain activities. Recognition through listing encourages and 
    results in conservation actions by Federal, State, and private 
    agencies, groups, and individuals. The Endangered Species 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 certain activities involving listed plants and animals 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 proposed species or result in destruction or adverse 
    modification of proposed critical habitat. If a species is subsequently 
    listed, section 7(a)(2) requires Federal agencies to ensure that 
    activities they authorize, fund, or carry out are not likely to 
    jeopardize the continued existence of such a species or 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 agencies expected to have involvement with the San Diego 
    fairy shrimp include the Army Corps of Engineers and the Environmental 
    Protection Agency due to their permit authority under section 404 of 
    the Clean Water Act. The San Diego fairy shrimp occurs on the U.S. 
    Navy's Miramar Air Station. This base will likely be involved through 
    military activities or potential excessing of Federal lands.
        The Act and its implementing regulations found at 50 CFR 17.21 set 
    forth a series of 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 
    (including harass, harm, pursue, hunt, shoot, wound, kill, trap, 
    capture, collect, or to attempt any of these), import or export, 
    transport in interstate or foreign commerce in the course of commercial 
    activity, or sell or offer for sale in interstate or foreign commerce 
    any listed species of wildlife. It is also illegal to possess, sell, 
    deliver, carry, transport, or ship any such wildlife that has been 
    taken illegally. Certain exceptions apply to agents of the Service and 
    State conservation agencies.
        Permits may be issued to carry out otherwise prohibited activities 
    involving endangered wildlife species under certain circumstances. 
    Regulations governing such permits are at 50 CFR 17.22 and 17.23. 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. In some instances 
    involving trade, permits may be issued for a specified time to relieve 
    undue economic hardship that would be suffered if such relief were not 
    available. The San Diego fairy shrimp is not involved in trade, and 
    such permit requests are not expected.
        Requests for copies of the requirements and regulations on permits 
    or trade in wildlife and plants and inquiries regarding them should be 
    addressed to the U.S. Fish and Wildlife Service, Ecological Services, 
    Endangered Species Permits, 911 N.E. 11th Avenue, Portland, Oregon 
    97232-4181 (503/231-2063; FAX 503/231-6243).
    
    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 this taxon;
        (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 taxon; and
        (4) Current or planned activities in the subject area and their 
    possible impacts on this species.
        The final decision on this proposal 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 a public hearing on this 
    proposal, if requested. Requests must be received within 45 days of the 
    date of publication of the proposal. Such requests must be made in 
    writing and addressed to the Field Supervisor of the Carlsbad Field 
    Office (see ADDRESSES section).
    
    National Environmental Policy Act
    
        The Fish and Wildlife Service has determined that an Environmental 
    Assessment or Environmental Impact Statement, 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
    
    Balko, M.L., and T.A. Ebert. 1987. Temporary pools as islands in 
    space and time: the biota of vernal pools in San Diego, southern 
    California, USA. Archiv fur Hydrobiologie 110:101:123.
    Bauder, E.T. 1986. San Diego vernal pools, recent and projected 
    losses; their condition; and threats to their existence 1979-1990, 
    volume I. Prepared for the Endangered Plant Program, California 
    Department of Fish and Game, Sacramento, California.
    Ferren, W.R. and D.A. Pritchett. 1988. Enhancement, restoration, and 
    creation of vernal pools at Del Sol Open Space and Vernal Pool 
    Reserve, Santa Barbara County, California. Department of Biological 
    Sciences, University of California, Santa Barbara, Environmental 
    Report No. 13.
    Fugate, M. 1993. Branchinecta sandiegoensis, a new species of fairy 
    shrimp (Crustacea: Anostraca) from western North America. 
    Proceedings of the Biological Society of Washington 106(2):296-304.
    Hogan, D. and D. Belk. 1992. Petition to list the San Diego fairy 
    shrimp as an endangered species. Unpubl. rept. to support petition 
    to Fish and Wildlife Service.
    Simovich, M.A. and M. Fugate. 1992. Branchiopod diversity in San 
    Diego County, California. 1992 Transactions of the Western Section 
    of the Wildlife Society 28:6-14.
    WESTEC Services, Inc. 1988. Biological mitigation plan for the 
    College area specific plan, San Marcos, San Diego County, 
    California. Unpubl. rept. prepared for the Baldwin Company, San 
    Diego, California.
    Zedler, P. H. 1987. The ecology of southern California vernal pools: 
    a community profile. U.S. Department of Interior, Fish and Wildlife 
    Service, Biological Report 85(7.11).
    
    Author
    
        The primary author of this proposed rule is Fred M. Roberts, 
    Jr., Carlsbad Field Office (see ADDRESSES section).
    
    List of Subjects in 50 CFR Part 17
    
        Endangered and threatened species, Exports, Imports, Reporting and 
    recordkeeping requirements, and Transportation.
    
    Proposed Regulation Promulgation
    
    PART 17--[AMENDED]
    
        Accordingly, it is hereby proposed to amend part 17, subchapter B 
    of chapter I, title 50 of the Code of Federal Regulations, as set forth 
    below:
        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. It is proposed to amend Sec. 17.11(h) 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) * * *
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                         Species                                                 Vertebrate population                                                      
    --------------------------------------------------     Historic range         where endangered or       Status     When listed    Critical     Special  
          Common name             Scientific name                                     threatened                                      habitat       rules   
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                            
                                                                                                                                                            
                                                                          * * * * * * *                                                                     
           Crustaceans                                                                                                                                      
                                                                                                                                                            
                                                                                                                                                            
                                                                          * * * * * * *                                                                     
    Shrimp, San Diego fairy.  Branchinecta             U.S.A. (CA), Mexico....  NA.....................  E             ...........           NA           NA
                               sandiegoensis.                                                                                                               
                                                                                                                                                            
                                                                         * * * * * * *                                                                      
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
        Dated: July 27, 1994.
    Mollie H. Beattie,
    Director, U.S. Fish and Wildlife Service.
    [FR Doc. 94-18931 Filed 8-1-94; 8:45 am]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Published:
08/04/1994
Department:
Interior Department
Entry Type:
Uncategorized Document
Action:
Proposed rule.
Document Number:
94-18931
Dates:
Comments from all interested parties must be received by October 3, 1994. Public hearing requests must be received by September 19, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 4, 1994
RINs:
1018-AC83
CFR: (1)
50 CFR 17.11