[Federal Register Volume 59, Number 132 (Tuesday, July 12, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-16847] [[Page Unknown]] [Federal Register: July 12, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants: Notice of Finding on a Petition to Emergency List the Rocky Mountain Capshell as an Endangered Species Throughout Its Range AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of 12-Month Petition Finding. ----------------------------------------------------------------------- SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 12- month finding for a petition to amend the List of Endangered and Threatened Wildlife and Plants. The Service finds that listing the Rocky Mountain capshell (Acroloxus coloradensis) as endangered is not warranted. DATES: The finding announced in this document was approved on July 5, 1994. ADDRESSES: Questions or comments concerning this finding should be sent to U.S. Fish and Wildlife Service, 730 Simms Street, Suite 290, Golden, Colorado 80401. The petition, finding, and supporting data are available for public inspection by appointment during normal business hours at the above office. FOR FURTHER INFORMATION CONTACT:LeRoy W. Carlson, Field Supervisor, at the above address or telephone (303) 231-5280. SUPPLEMENTARY INFORMATION: Background Section 4(b)(3)(B) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.), requires that for any petition to revise the Lists of Endangered and Threatened Wildlife and Plants that contains substantial scientific and commercial information a finding be made within 12 months of the date of receipt of the petition on whether the petitioned action is (i) not warranted, (ii) warranted, or (iii) warranted but precluded by other efforts to revise the lists, and expeditious progress is being made in listing and delisting species. Notice of the finding is to be published promptly in the Federal Register. This notice meets the latter requirement for the 12-month finding made earlier for the petition discussed below. Information contained in this notice is a summary of the information in the 12- month finding, which is the Service's decision document. A petition dated September 30, 1992, was received from the Biodiversity Legal Foundation and Dr. Shi-Kuei Wu of the University of Colorado on October 5, 1992. The petitioners requested the Service to emergency list the Rocky Mountain capshell (Acroloxus coloradensis) as endangered and to designate critical habitat concurrently with the listing. The petitioners submitted biological, distributional, historical, and other information and scientific references in support of the petition. The notice of a 90-day finding was published in the Federal Register on May 14, 1993 (58 FR 28543), indicating that the petitioners provided substantial information to warrant the requested action. Concurrent with publishing the notice, the Service initiated a status review. When the 90-day finding was completed, the Rocky Mountain capshell was thought to be restricted to only two populations in the United States and five in Canada. In the United States, one population existed at Peterson Lake, Boulder County, Colorado, and the other at Glacier National Park in Montana. In Canada, the Rocky Mountain capshell was known to occur in three lakes in Quebec and two ponds in Ontario. The species was presumed extirpated from two lakes in Jasper National Park, Alberta (Clarke 1992a). During the summer of 1993, an extensive survey effort in Colorado increased the number of known Rocky Mountain capshell populations in Colorado from one to five, with four of these populations apparently in ``good health'' and occurring on National Park Service or U.S. Forest Service lands (Pioneer Environmental Services 1993, Riebesell and Kovalak 1993). The fifth population is located on privately owned land and appears to be the only Colorado population that is in peril. A status survey conducted at Lost Lake, Montana in September 1992 found that Rocky Mountain capshell population to be stable. This population is estimated to contain between 20,000 and 40,000 individuals, based on the number of snails found per square meter and the amount of available habitat (A.H. Clark, Ecosearch Inc., in litt., 1992). New information provided by Jasper National Park personnel in Canada indicates at least one Rocky Mountain capshell population still exists within the Park and there is the likelihood a second population (N. Manners, Jasper National Park, in litt., 1993). A few specimens were also found under a bridge in another area outside the Park in 1991 (Paul and Clifford, 1991). Thus, Alberta appears to harbor at least two, and possibly three, Rocky Mountain capshell populations. A previously unreported Rocky Mountain capshell population appears to occur at Purden Lake, British Columbia (Clarke 1992b). However, the Service has been unable to obtain any information on its population status. The three populations previously reported to occur in Quebec and the two in Ontario apparently still exist, but the status of each population is not known. With the discovery of 4 new populations in Colorado, 1 in Alberta, and 1 in British Columbia, and the possibility of 1 or 2 populations still existing in Jasper National Park, the number of reported Rocky Mountain capshell populations has increased from 7 to at least 14 in less than 1 year. Summary of Factors Affecting the Species The following information is a summary and discussion of the five factors or listing criteria as set forth in section 4(a)(1) of the Act and regulations (50 CFR part 424) promulgated to implement the listing provisions of the Act and their applicability to the current status of the Rocky Mountain capshell. A. The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range The Peterson Lake, Colorado, population may be nearly extirpated and a survey in June found only three live specimens and one empty shell after 12 hours of intensive searching (Clarke 1992a). Subsequent surveys found a few more individuals, some were at deeper depths than found previously (Pioneer Environmental Services 1993; G. Hopkins, Pioneer Environmental Services, in litt., 1993). Activities which might have caused the decline of the population in Peterson Lake include road maintenance (salting/sanding and grading), ski resort activities (water depletion and treated waste water discharge into the lake), landscaping, mining, lake drawdowns, and dam raising which resulted in the subsequent flooding of the enlarged lake basin. Since the present management of Eldora Mountain Resort took over operation of the ski area in 1991, the water quality of the lake has improved. Present information indicates that the species may again be increasing due to an improvement in the water quality of the lake. Future surveys will be necessary to verify this. Aside from the population at Peterson Lake, none of the other 13 remaining populations are thought to be significantly impacted by the present or threatened destruction, modification, or curtailment of habitat. B. Overutilization for Commercial, Recreational, Scientific, or Educational Purposes Some of the lakes inhabited by the Rocky Mountain capshell receive fishing, camping, and swimming activities, but this factor is not thought to be a threat to the continued existence of the Rocky Mountain capshell. C. Disease or Predation The introduction of trout may have been one of the factors that contributed to the decline of the Rocky Mountain capshell in Peterson Lake. Aside from this population, disease or predation is presently not a threat to any of the other 13 Rocky Mountain capshell populations. D. The Inadequacy of Existing Regulatory Mechanisms The Service believes that the four newly discovered populations in Colorado are safe from human impacts since they occur on National Park Service and U.S. Forest Service lands. The population in Glacier National Park is protected by Park Service regulations. With the exception of the one or two populations within Jasper National Park, the Canadian populations apparently do not have any regulatory protection. The lack of regulatory mechanisms is not known to be a threat at this time, but could change at some point in the future. E. Other Natural or Manmade Factors Affecting Its Continued Existence At Peterson Lake, severe drought coupled with the winter water drawdown form the lake by Eldora Ski Resort, has on occasion lowered the water level dramatically. These events have exposed the Rocky Mountain capshell to dehydration and freezing conditions. In 1979, the existing access road adjacent to Peterson Lake was paved. This expedited runoff, thus increased the natural sedimentation process plus adding an influx of possible salt and sand contaminants into the lake. When the 90-day finding was made, the Service believed that the two populations in Jasper National Park had been extirpated due to the lakes they inhabited being poisoned. However, new information has shown that neither lake was poisoned. The Rocky Mountain capshell population in Peterson Lake may be threatened by natural or manmade factors, but none of the other 13 known populations are thought to be threatened by any of these factors. Finding Emergency listing is allowed under the Act whenever immediate protection is needed to prevent extirpation of a species. For an invertebrate species, endangerment must be considered throughout the range of the species rather than for a single population. Considering information previously discussed in this notice, only the Peterson Lake population of the 14 known Rocky Mountain capshell populations is thought to be subject to possible endangerment or extinction in the foreseeable future. Also, in less than one year's time, the number of reported populations increased from 7 to 14. Since little is known about the biology, ecology, and distribution of the Rocky Mountain capshell, and since recently discovered populations in Colorado, Alberta, and British Columbia point to a wider geographical distribution than previously thought, the Service believes that additional populations exist in suitable habitat in the United States and in Canada. After reviewing the petition, accompanying documentation, references cited therein, and research findings, the Service concludes that the petition requesting that the Rocky Mountain capshell be listed as an endangered species on an emergency basis throughout its range is not warranted. The petitioners also requested that critical habitat be designated. In the future, if a warranted finding is made for the species, then designation of critical habitat would be addressed in the subsequent proposed rule. After arriving at the not warranted finding, the Service changed the species' candidate status from category 2 to category 3C. The Service's 12-month finding contains more detailed information regarding the above decisions. A copy may be obtained from the Service's Golden office (see ADDRESSES above). References Cited Clark, A.H. 1992a. Third progress report of status survey of selected invertebrates of Utah. U.S. Fish and Wildlife Service Contract 14-16-0006-91. Ecosearch, Inc., Portland, Texas. 6 pp. Clark, A.H. 1992b. Fourth progress report of status survey of selected invertebrates of Utah. U.S. Fish and Wildlife Service Contract 14-16-0006-91. Ecosearch, Inc., Portland, Texas. 2 pp. Paul, A.J., and H.F. Clifford. 1991. Acroloxus coloradensis (Henderson), a rare North American freshwater limpet. The Nautilus 105(4): 173-174. Pioneer Environmental Services, Inc. 1993. Results of survey for the Rocky Mountain capshell snail in Colorado alpine lakes. Prepared for Eldora Enterprises Limited Liability Company, Lake Eldora Corporation, and Colorado Division of Wildlife. 12 pp. plus appendix. Riebesell, J.F., and W.P. Kovalak. 1993. Finch Lake sampling summary. Report to Rocky Mountain National Park, Estes Park, Colorado. 8 pp. Author This notice was prepared by Jose Bernardo Garza (see addresses section). Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1544). List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Dated: July 5, 1994. Mollie H. Beattie, Director, Fish and Wildlife Service. [FR Doc. 94-16847 Filed 7-11-94; 8:45 am] BILLING CODE 4310-55-M