Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Remove the Bliss Rapids Snail (Taylorconcha serpenticola) From the List of Endangered and Threatened Wildlife, 31250-31256 [07-2812]
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Marlene H. Dortch,
Secretary.
[FR Doc. E7–10962 Filed 6–5–07; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To Remove the Bliss Rapids
Snail (Taylorconcha serpenticola)
From the List of Endangered and
Threatened Wildlife
Fish and Wildlife Service,
Interior.
ACTION: Notice of 90-day petition
finding and initiation of status review.
AGENCY:
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SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce a
90-day finding on a petition to remove
the Bliss Rapids snail (Taylorconcha
serpenticola) from the Federal List of
Endangered and Threatened Wildlife
(List) pursuant to the Endangered
Species Act (Act). We find that the
petition presents substantial scientific
information that delisting the Bliss
Rapids snail may be warranted, and are
initiating a status review. We plan to
conduct this review concurrent with the
ongoing status review initiated on July
27, 2004, which we are required to make
every 5 years under section 4(c)(2)(A) of
the Act. We are requesting submission
of any new information on the Bliss
Rapids snail since its original listing as
a threatened species in 1992. At the
conclusion of our status review, we will
make the requisite recommendation
under section 4(c)(2)(B) of the Act and
issue a 12-month finding on the
petition, as provided in section
4(b)(3)(B) of the Act.
DATES: The finding announced in this
document was made on June 6, 2007. To
be considered in the 12-month finding
on this petition or the 5-year review,
comments and information must be
submitted to us by September 4, 2007.
ADDRESSES: You may submit new
information, materials, comments, or
questions concerning this species by
any one of the following methods:
1. You may submit comments and
information to the Field Supervisor,
Attention: Bliss Rapids Snail Comments,
Snake River Fish and Wildlife Office,
1387 S. Vinnell Way, Suite 368, Boise,
Idaho 83709.
2. You may hand-deliver written
comments and information to the above
address.
3. You may fax your comments to
208–378–5262.
4. You may go to the Federal
rulemaking internet portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
5. You may e-mail your comments to
fw1srbocomment@fws.gov.
Please include ‘‘Bliss Rapids Snail
Comments’’ in the subject line for faxes
and e-mails. Please submit electronic
comments in unformatted text, and
avoid the use of special characters and
encryption.
FOR FURTHER INFORMATION CONTACT:
Susan Burch, Fish and Wildlife
Biologist, Snake River Fish and Wildlife
Office (see ADDRESSES); telephone: 208–
378–5243; or e-mail:
susan_burch@fws.gov.
SUPPLEMENTARY INFORMATION:
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Public Information Solicited
When we make a finding that
substantial information exists to
indicate that listing or delisting a
species may be warranted, we are
required to promptly commence a
review of the status of the species. To
ensure that the status review is
complete and based on the best
available scientific and commercial
information, we are soliciting any
additional information, comments, or
suggestions on the Bliss Rapids snail
from the public, State and Federal
agencies, Tribes, the scientific
community, industry or environmental
entities, or any other interested parties.
Information sought includes any data
regarding historical and current
distribution, biology and ecology,
ongoing conservation measures for the
species or its habitat, and threats to the
species or its habitat. We also request
information regarding the adequacy of
existing regulatory mechanisms.
Please note that comments merely
stating support or opposition to the
actions under consideration without
providing supporting information,
although noted, will not be considered
in making a determination, as section
4(b)(1)(A) of the Act directs that
determinations as to whether any
species is a threatened or endangered
species shall be made ‘‘solely on the
basis of the best scientific and
commercial data available.’’ At the
conclusion of the status review, we will
issue the 12-month finding on the
petition, as provided in section
4(b)(3)(B) of the Act (16 U.S.C. 1531 et
seq.).
If you wish to comment or provide
information, you may submit your
comments and materials concerning this
finding to the Field Supervisor (see
ADDRESSES) by the date listing in the
DATES section.
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. If you wish us to withhold your
name and/or address, you must state
this prominently at the beginning of
your comment. However, we will not
consider anonymous comments.
Comments and materials received will
be available for public inspection, by
appointment, during normal business
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hours at the address listed in the
section.
ADDRESSES
Background
Section 4(b)(3)(A) of the Endangered
Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.), requires that we
make a finding on whether a petition to
list, delist, or reclassify a species
presents substantial scientific or
commercial information indicating that
the petitioned action may be warranted.
The finding is based on information
contained in the petition and
information otherwise available in our
files at the time we make the finding. To
the maximum extent practicable, we are
to make the finding within 90 days of
receiving the petition, and publish our
notice of the finding in the Federal
Register.
This finding summarizes the
information included in the petition and
information available to us at the time
of the petition review. Under section
4(b)(3)(A) of the Act and our regulations
in 50 CFR 424.14(b), our review of a 90day finding is limited to a determination
of whether the information in the
petition meets the ‘‘substantial scientific
or commercial information’’ threshold.
Our standard for substantial information
with regard to a 90-day petition finding
is ‘‘that amount of information that
would lead a reasonable person to
believe that the measure proposed in the
petition may be warranted’’ (50 CFR
424.14(b)). If we find that substantial
information was presented, we are
required to promptly commence a
review of the status of the species and
publish the results of that status review
in a 12-month finding.
Species Information
The Bliss Rapids snail (Taylorconcha
serpenticola) is found primarily on
rocky surfaces in riverine and coldwater
spring habitats along a 65-mile (mi) (105
kilometer (km)) stretch of the Snake
River in the Hagerman area of southern
Idaho (Richards et al. 2006, pp. 34–35).
They can be locally abundant in springs
and spring habitats (Richards et al.
2006, pp. 37, 99), but when they occur
in non spring influenced riverine
habitats, it is in low densities (Richards
et al. 2006, p 37). They are not known
to occur in reservoirs or on organic, fine
sediments (Richards et al. 2006, pp. 21,
23–24). The Bliss Rapids snail appears
to be a univoltine, meaning it has a 1year life cycle and the adult population
is replaced yearly (Hershler et al. 1994,
pp. 239–240); however, they may have
more than one reproductive event
within a year (Richards 2004, p. 119).
We listed the Bliss Rapids snail as
threatened on December 14, 1992 (57 FR
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59244). At that time, we determined that
the Bliss rapids snail was threatened by
construction of new hydropower dams,
the operation of existing hydropower
dams, degraded water quality, water
diversions, the introduced New Zealand
mudsnail (Potamopyrgus antipodarum),
and the lack of existing regulatory
protections (57 FR 59244). The Bliss
Rapids snail was described as existing
in discontinuously distributed
populations along 204 river miles (328
river km) in the middle Snake River,
being primarily concentrated in the
Hagerman reach in tailwaters of Bliss
and Lower Salmon Dams and several
unpolluted springs (i.e., Thousands
Springs, Minnie Miller Springs,
Banbury Springs, Niagara Springs, and
Box Canyon Springs). We finalized the
Snake River Aquatic Species Recovery
Plan, which included the Bliss Rapids
snail, in 1995 (Service 1995). Critical
habitat has not been designated for this
species.
Review of Petition
On December 26, 2006, we received a
petition from the Governor of Idaho and
the Idaho Power Company (IPC)
requesting that the Bliss Rapids snail be
removed from the List. The delisting
petition cites a recent status review
conducted by Richards et al. (2006), a
review of Bliss Rapids snail sampling
methodology prepared by Steward &
Associates (2006), and information and
data submitted to the Service at an
August 24, 2006, informational meeting
as support for their petition (Idaho 2006
in litt.). The petition clearly identified
itself as a petition and included the
requisite identification information for
the petitioners, as required in 50 CFR
424.14(a). The petition cited
information on the natural history of the
Bliss Rapids snail, its population status,
and advances in our understanding of
the species’ ecology and threats since
listing. The petition states that many of
the threats identified in the 1992 listing
rule are no longer viable or have been
attenuated by subsequent actions. It also
states that the Bliss Rapids snail is more
abundant, is more continuously
distributed, and exists in more diverse
habitats than previously recorded.
Threats Analysis
The factors for listing, delisting, or
reclassifying a species are described at
50 CFR 424.11. We may delist a species
only if the best scientific and
commercial data available substantiate
that it is neither endangered nor
threatened. Delisting may be warranted
as a result of: (1) Extinction, (2)
recovery, and/or (3) a determination that
the original data used for classification
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of the species as endangered or
threatened were in error.
Section 4(a)(1) of the Act requires that
we determine whether a species is
endangered or threatened based on one
or more of the five following factors: (A)
Present or threatened destruction,
modification, or curtailment of habitat
or range; (B) overutilization for
commercial, recreational, scientific, or
educational purposes; (C) disease or
predation; (D) inadequacy of existing
regulatory mechanisms; or (E) other
natural or manmade factors affecting its
continued existence. In making this 90day finding, we evaluated whether
information presented in the December
2006 petition, when considered along
with information in our files, constitutes
substantial scientific or commercial
information such that delisting may be
warranted. Our evaluation of this
information is presented below.
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A. Present or Threatened Destruction,
Modification, or Curtailment of the
Species’ Habitat or Range
Habitat Use
Petitioners claim that Bliss Rapids
snails are able to live in a variety of
habitats previously thought to be
unsuitable for the species, including
reservoirs, based primarily on a status
report by Richards et al. (2006).
Richards et al. (2006, p. 3) reviewed the
available information on Bliss Rapids
snail collections and reported that the
species has been found in areas of the
Snake River that do not have known
spring influence. However, the
likelihood of Bliss Rapids snail
occurrence decreased with increasing
temperature in riverine habitats
(Richards et al. 2006, p. 42), and the
highest mean density for the springinfluenced habitat in the Snake River
was 307.2 snails per meter-squared (m2),
compared to the highest mean density
in non spring influenced habitat of 11.7
snails per m2 (Richards et al. 2006, p.
37). Richards et al. (2006, p. 54) also
reported that more Bliss Rapids snails
were found in shallow depths than in
deeper ones. Of 607 samples taken in
the 3 reservoirs within the range of the
Bliss Rapids snail, none contained Bliss
Rapids snails (Richards et al. 2006, pp.
38–39), and, therefore, the Richards et
al. (2006) study does not support the
petitioners’ claim that reservoirs are
suitable habitat. Their absence from
reservoirs and areas of organic, fine
sediments suggests that this species may
be limited to aerobic substrates flushed
by moving water (Richards et al. 2006,
p. 23).
At the time of listing, in 1992, we
stated that: ‘‘Bliss Rapids snails occur
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on stable, cobble-boulder substratum
only in flowing waters in the
unimpounded reaches of [the] mainstem
Snake River and also in a few spring
alcove habitats in the Hagerman Valley.
The species does not burrow in
sediments and normally avoids surfaces
with attached plants. Known river
populations (or colonies) of the Bliss
Rapids snail occur only in areas
associated with spring influences or
rapids edge environments and tend to
flank shorelines. They are found at
varying depths if dissolved oxygen and
temperature requirements persist and
are found in shallow (< 1 cm (.4 in))
permanent cold springs (Frest and
Johannes 1992a)’’ (57 FR 59245).
Information in our files suggests that
populations are consistently larger, at
least in terms of density and relative
abundance, in coldwater springs and
spring-fed tributaries compared to
mainstem Snake River locations
(Stephenson and Bean 2003, p. 12;
Stephenson et al. 2004, pp. 14, 24; Clark
et al. 2005, pp. 7, 46–47; Richards et al.
2006, pp. 37–38, 97–99), and the
likelihood of Bliss Rapids snail
occurrence decreases with increasing
water temperature in riverine habitats
(Richards et al. 2006, p. 42).
Based on information presented by
the petitioner, along with information in
our files, most of the basic habitat
requirements for Bliss Rapids snails are
reaffirmed. Current information
documents the occurrence of low
densities of Bliss Rapids snails in Snake
River reaches without obvious spring
influence (based on visual inspection).
The petitioners’ claim that Bliss Rapids
snails can live in reservoirs is not
supported by the information provided.
In fact, data provided by the petitioner
strongly suggest that reservoirs do not
provide suitable habitat for the species
and likely impede metapopulation
connectivity (Richards et al. 2006, pp.
38–39, p. 119).
Range
The petitioners claim that the species
is more widely distributed than
previously known. They provided a
status report by Richards et al. (2006) as
the primary source of information to
support their claim. Richards et al.
(2006, pp. 33–34) found that, as of 2006,
the Bliss Rapids snail was documented
at 837 collection points in the freeflowing mid-Snake River, as compared
with less than 15 collection points at the
time of listing. Richards et al. (2006, pp.
119, 123) also state that Bliss Rapids
snails exist as possibly 27 discontinuous
populations along the Snake River,
including 5 within river habitats and 22
in spring or spring-influenced habitats.
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Richards et al. (2006, pp. 34–35) state
that Bliss Rapids snails were recorded
in every one of the 22 non-reservoir
miles (35 km) from River Mile (RM)
547.7, upstream to the head of Upper
Salmon Falls Reservoir at RM 589.2 (a
distance of 41.5 river miles (66.8 river
km)). A total of 19.5 of those 41.5 river
miles (31.4 of those 66.8 river km) are
in-reservoir habitat, and therefore are
not suitable for Bliss Rapids snails.
At the time of listing we stated that:
‘‘Based on live collections, the species
currently exists as discontinuously
distributed populations over 204 river
miles within its historic range. These
populations are primarily concentrated
in the Hagerman reach in tailwaters of
Bliss and Lower Salmon Dams and
several unpolluted springs (i.e.,
Thousand Springs, Minnie Miller
Springs, Banbury Springs, Niagara
Springs, and Box Canyon Springs)’’ (57
FR 59245).
Information in our files now suggests
that the farthest upstream population
noted in the listing rule (i.e., the
observation above American Falls at RM
749.8 (57 FR 59243)) may have been in
error. Several factors, when considered
together, support this conclusion: (1)
The reported observation is 151 river
miles (243 river km) away from the
nearest confirmed location of the Bliss
Rapids snail (i.e., Niagara Springs at RM
599), (2) the vouchered specimen cannot
be located, and (3) hundreds of samples
for snails have been collected in and
above American Falls Reservoir since
the reported collection without further
evidence of the species at that location.
Given the information provided by
the petitioner and other information in
our files, we now know the Bliss Rapids
snail to be distributed discontinuously
over approximately 65 river miles (105
river km), rather than over 204 river
miles (328 river km), as we stated in the
listing rule (57 FR 59243). However, if
we discount the observation above
American Falls, which we now believe
to be unreliable, the species is more
widely and more continuously
distributed than previously thought
(Richards et al. 2006, p. 28).
Construction of New Hydropower Dams
The petition states that threats to Bliss
Rapids snail habitat from future hydropower development are not as they were
perceived when the species was listed
in 1992. The petitioners provided the
following documents as evidence that
hydropower permits are no longer
moving forward: (1) A 2002 notice of
surrender of preliminary permit for the
River Side Project (Federal Energy
Regulatory Commission (FERC) 2002),
(2) 2002 Federal Energy Regulatory
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Commission (FERC) orders denying
application for preliminary permits for
the Eagle Rock and Star Falls
Hydroelectric Projects (FERC 2002a,
2002b), and (3) a 2003 notice of
surrender of preliminary permit for the
Auger Falls Project (FERC 2003). The
petitioners also provided documents
from the State of Idaho (Idaho 2006) and
Richards et al. (2006) indicating that all
recent permits for the construction of
new dams along the Mid-Snake River
reach where the Bliss Rapids snail
occurs have either lapsed or have been
denied by the FERC.
At the time of listing, there were six
active proposals for new hydroelectric
projects in the middle-Snake River. In
our listing rule, we stated: ‘‘Six
proposed hydroelectric projects,
including two high dam facilities,
would alter free flowing river reaches
within the existing range of [the Bliss
Rapids snail]. Dam construction
threatens the [Bliss Rapids snail]
through direct habitat modification and
moderates the Snake River’s ability to
assimilate point and non-point
pollution. Further hydroelectric
development along the Snake River
would inundate existing mollusk
habitats through impoundment, reduce
critical shallow, littoral shoreline
habitats in tailwater areas due to
operating water fluctuations, elevate
water temperatures, reduce dissolved
oxygen levels in impounded sediments,
and further fragment remaining
mainstem populations or colonies of
these snails’’ (57 FR 59251).
We have no information in our files
suggesting that future hydropower
development in the middle-Snake River
is likely to occur; therefore, we accept
the petitioner’s claim that the threats
from hydropower development have
dissipated since the time of listing.
Operation of Existing Hydropower Dams
The status report provided by the
petitioner (Richards et al. 2006) states
that threats to Bliss Rapids snail habitat
from the operation of hydropower dams
(i.e., peak loading) are not as they were
perceived when the species was listed
in 1992. Richards et al. (2006, p. 92)
state that free-flowing Bliss Rapids snail
habitat downstream of the dams is
improved because fine sediments settle
in the reservoirs above the dams,
resulting in reduced fine sediments and
increased rocky substrates, the preferred
habitat of the Bliss Rapids snail,
downstream of the dam. They also state
that rapid changes in flow below
hydropower dams have not eliminated
Bliss Rapids snails from shallow
shoreline areas; on the contrary, highest
densities of riverine Bliss Rapids snail
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populations directly below hydropower
dams occurred in the zones of highest
flow fluctuations (Richards et al. 2006,
p. 92).
Richards et al. (2006) cite a laboratory
exposure study (Richards 2006) that
concluded Bliss Rapids snails could
survive for many hours to several days
in moist conditions (i.e., undersides of
cobbles) when air temperatures were
greater than 32 °F (0 °C). In an ongoing
field study, Richards (unpublished data,
cited in Richards et al. 2006, pp. 125–
126) also found that Bliss Rapids snails
could survive on the damp undersides
of exposed cobbles alongside the midSnake River for up to several days.
Because fluctuation of water levels due
to load-following only occurred for
several hours at a time (William H.
Clark, Idaho Power Company, personal
communication, cited in Richards et al.
2006, p. 126), Richards et al. (2006, pp.
125–126) concluded that direct
mortality to Bliss Rapids snails from
exposure due to load-following events
should be minimal. The petitioners did
not provide any data that assesses the
sub-lethal effects (e.g., impacts to
reproduction, food sources, etc.) of
peak-loading.
At the time of listing, we stated:
‘‘Peak-loading, the practice of artificially
raising and lowering river levels to meet
short-term electrical needs by local runof-the-river hydroelectric projects also
threatens [the Bliss rapids snail]. Peakloading is a frequent and sporadic
practice that results in dewatering
mollusk habitats in shallow, littoral
shoreline areas * * * these diurnal
water fluctuations prevent the [Bliss
Rapids snail] from occupying the most
favorable habitats.’’
Information in our files suggests that
air temperatures within the range of
Bliss Rapids snails regularly fall below
32 °F (0 °C) between November and
March (Richards 2006, p. 28) and that
the amount of time Bliss Rapids snails
can survive while exposed to air
temperatures below freezing is
significantly less than at 32 °F (0 °C)
(e.g., in less than an hour, half of the
individuals in a laboratory trial
subjected to a temperature of 19 °F (¥7
°C) died) (Richards 2006, p. 12).
Therefore, peak-loading during winter
months may cause Bliss Rapids some
snail mortality (Richards 2006, p. 15),
but field studies have not been
conducted to assess the likely impact on
the population. Furthermore, we have
no data in our files that assesses the sublethal effects of peak-loading on Bliss
Rapids snails.
Although there are some uncertainties
regarding the actual effects of peakloading on Bliss Rapids snails in the
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wild, the petitioners have presented
substantial information suggesting that
the threats from peak-loading may be
less than we perceived at the time of
listing.
Water Quality
The status report provided by the
petitioner (Richards et al. 2006, pp. 5–
6) states that threats to Bliss Rapids
snail habitat from water pollution are
not as they were perceived when the
species was listed in 1992. Richards et
al. (2006, pp. 5–6, 86) state that
significant nutrient and sediment
reduction has occurred in the Snake
River following implementation of the
Idaho Nutrient Management Act and
regulated Total Maximum Daily Load
(TMDL) reductions from the mid-1990s
to the present.
Hypereutrophy (planktonic algal
blooms and nuisance rooted aquatic
plant growths), prior to listing in 1992,
was very severe during drought cycles
when deposition of sediments and
organic matter blanketed river substrate,
often resulting in unsuitable habitat
conditions for Bliss Rapids snails.
Although some nutrient and sediment
reduction has occurred since listing
(Richards et al. 2006, p. 5), water quality
of the river from RM 600 to 589 is
subject to ‘‘very large inflows’’ of
agriculture and aquaculture wastewater
flowing to the river below Twin Falls to
lower Salmon Falls dam at RM 572; as
a result, nutrient and sediment
concentrations increase during low
summer flows (Richards et al. 2006, p.
91). Furthermore, the highest densities
and occurrence frequencies of Bliss
Rapids snails in riverine habitats were
immediately downstream of the midSnake river reach considered to be the
most seriously polluted reach of the
river (from Shoshone Falls downstream
to Upper Salmon Falls Dam (Richards et
al. 2006, p. 33)).
Information in our files shows that
phosphorus concentrations, the key
nutrient leading to hypereutrophic
conditions in the middle Snake River,
exceeded Environmental Protection
Agency (EPA) guidelines for the control
of nuisance algae at numerous locations
along the Snake River from 1989 to
2002, including areas immediately
upstream of Bliss Rapids snail colonies
(Hardy et al. 2005, p. 13). Several water
quality assessments have been
completed by the EPA, U.S. Bureau of
Reclamation (USBR), and IPC, and all
generally agree that water quality in the
Snake River of southern Idaho meets
Idaho water quality standards for
aquatic life for some months of the year,
but may not meet these standards when
temperatures are high and flows are low
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(Meitl 2002, p. 33). Idaho Department of
Environmental Quality’s (IDEQ) 2005
performance and progress report to the
EPA states that projects are meeting the
Idaho non-point source pollution
program goals (IDEQ 2006, p. 8).
However, others report that water
quality has not improved appreciably
between 1989 and 2002 (Hardy et al.
2005, pp. 19–21, 49, 51).
Although the highest densities and
occurrence frequencies of Bliss Rapids
snails in riverine habitat were recorded
immediately downstream of the midSnake River reach considered to be the
most seriously polluted reach of the
river (from Shoshone Falls downstream
to Upper Salmon Falls Dam), this reach
also receives a large infusion of
coldwater spring outflow. No riverine
Bliss Rapids snails were detected
upstream of Upper Salmon Falls Dam
(Richards et al. 2006, pp. 31–32, 35–37).
Given the information provided by
the petitioner and other information in
our files, we find that there are some
uncertainties regarding the effects of
degraded water quality in the Snake
River on Bliss Rapids snails; however,
we believe the petitioners have
presented substantial information
suggesting that the threats from
degraded water quality may be less than
we perceived at the time of listing.
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Water Diversions (Springs)
The status report provided by the
petitioner (Richards et al. 2006, p. 6)
states that some coldwater spring
habitats within the range of the Bliss
Rapids snail previously threatened by
water development have been preserved
in corporate or public trusteeship.
Information in our files shows that
springs occupied by Bliss Rapids snails
that are protected from further water
development include Thousand
Springs, Box Canyon Springs
(Newcomer in litt. 2005), and Banbury
Springs (Holmstead and Holthuijzen
2005). However, there are hundreds of
other springs in the Hagerman Valley,
and nearly all exist on private land in
areas that have not been surveyed for
Bliss Rapids snails due to lack of access.
We do not know whether these springs
are being protected or whether they
have already been developed for
aquaculture, hydropower, or irrigation
water.
Based on information provided by the
petitioner, along with other information
in our files, some spring habitats
occupied by Bliss Rapids snails are
being protected in preserves. However,
the status of coldwater springs on some
private lands remains largely unknown.
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Water Diversions (Snake River)
The status report provided by the
petitioner (Richards et al. 2006, p. 5)
states that threats to Bliss Rapids snail
habitat from diversion of water from the
Snake River for irrigation and
aquaculture are not as they were
perceived when the species was listed
in 1992. According to Richards et al.
(2006, p. 83), over the past 35 years, the
river has experienced higher energy
flushing cycles than in the prior 60
years. High mean annual flows reached
approximately 18,000 cubic feet per
second (cfs) in 1984 and 1997. In 2006,
flushing flows had again occurred with
sustained mean daily flows at King Hill
in excess of 20,000 cfs (Richards et al.
2006, pp. 83–84).
At the time of listing, we stated:
‘‘Water quality continues to degrade in
the middle Snake River from increased
water use and withdrawal, aggravated
by recent drought-induced low flows.
This 121 mile (195 kilometer) stretch of
the Snake River [i.e., the middle Snake
River] is impacted by agricultural return
flows; runoff from between 500 and 600
dairies and feedlots; effluent from over
140 private, state, and Federal fish
culture facilities; and point source (e.g.,
municipal sewage) discharges (Idaho
Department of Health and Welfare
(IDHW) 1991a). These factors contribute
to increased nutrient loads and
concentrations which in turn adversely
impact the lotic species. Nutrient
loading contributes to dense blooms of
free-living and attached filamentous
algae, which the species cannot utilize.
This algae will often cover rock
surfaces, effectively displacing suitable
snail habitats and food resources.
Stream sediments also become anoxic as
high biochemical oxygen demand
during the aquatic growing season and
seasonal algae die offs occur.’’
We accept the characterization of the
flow data at King Hill provided by the
petitioner. However, the petitioners
have not explained how a few years of
flushing flows reduces the threat of high
concentrations of pollutants due to low
Snake River flows in other years.
Therefore, we find that the petition has
not presented substantial information
suggesting that threat of mainstem
Snake River water diversions to Bliss
Rapids snails has diminished.
Groundwater Mining
The status report provided by the
petitioner (Richards et al. 2006, p. 5)
states that threats to Bliss Rapids snail
coldwater spring influenced habitats
from groundwater mining for irrigation
and aquaculture are not as they were
perceived when the species was listed
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in 1992. Average annual spring flows
increased from about 4,400 cfs in 1910
to approximately 6,500 cfs in the early
1960s because of widespread flood
irrigation causing artificial recharge of
the aquifer (Richards et al. 2006, p. 84,
87). As a result of more efficient water
practices from 1960 to the present (i.e.,
switching from flood irrigation to more
efficient center-pivot irrigation systems)
more water was pumped from the
aquifer while water percolation into the
aquifer declined, resulting in declines in
average annual spring flows to about
5,000 cfs (Richards et al. 2006, pp. 84,
87).
The petitioners also provided a
number of documents indicating that
there is a moratorium on some
groundwater development in the eastern
Snake River plain (Idaho 2004) and that
there are current efforts to artificially
recharge the Snake River aquifer to
stabilize or increase spring flows (Idaho
2005). These efforts have the potential
to benefit the Bliss Rapids snails, but
their effects have not yet been realized
in terms of stable or increasing spring
flows (Richards et al. 2006, p. 84).
Information in our files shows that
there are several in-stream flow targets,
set by the State of Idaho, which have the
potential to conserve populations of
Bliss Rapids snails (IDWR 2006a).
However, water rights with earlier
priority dates have the right to fill their
needs before the minimum stream flow
is considered. Senior diversions can
legally dewater the stream in a drought
year or when low flows occur, leaving
no water for the minimum stream flow
(IDWR 2006b). Therefore, the current
and future conservation benefits of
recently established in-stream flow
targets for the Bliss Rapids snail are
uncertain.
Information provided by the
petitioner, along with other information
in our files, indicates that the State of
Idaho has taken steps to improve
groundwater recharge, and limit new
groundwater development with the
eastern Snake River plain; however, the
Snake River Plain aquifer level
continues to decline and instream-flow
targets and moratoriums on new
groundwater development do not
prevent those with senior water rights
from diminishing flows in drought years
or during low flows. Therefore, we find
that the petitioners have not presented
substantial information indicating that
the threat of groundwater mining to the
Bliss Rapids snail may be less than the
best available information indicated at
the time of listing in 1992.
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B. Overutilization for Commercial,
Recreational, Scientific, or Educational
Purposes
The petitioners did not provide
information regarding the
overutilization of Bliss Rapids snails for
commercial, recreational, scientific, or
educational purposes, and we do not
have information in our files suggesting
that this factor is a threat to the species.
C. Disease or Predation
The petitioners did not provide
information regarding the effects of
disease or predation on Bliss Rapids
snails. At the time of listing, we stated
that changes in the fish fauna of the
middle Snake River had been suggested
as a potential threat to the Bliss Rapids
snail (57 FR 59254). At that time, we
had no data to support this suggestion,
and we still have no information in our
files suggesting that disease or predation
are significant threats to the Bliss
Rapids snail.
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D. The Inadequacy of Existing
Regulatory Mechanisms
The petitioners provided numerous
documents regarding water rights,
aquifer recharge, and groundwater
management in the Snake River and
Snake River Plain aquifer (Idaho 2006 in
litt.). These documents indicate that the
State of Idaho has regulatory
mechanisms to limit or exclude the
development of new surface water or
groundwater rights within the range of
the Bliss Rapids snail. These documents
also indicate that the State has
regulatory mechanisms to prioritize
existing water rights based on seniority.
At the time of listing, we found
inadequate regulatory mechanisms to be
a threat because (1) regulations were
inadequate to curb further water
withdrawal from groundwater spring
outflows or tributary spring streams, (2)
it was unlikely that pollution control
regulations would reverse the trend in
nutrient loading any time soon, (3) there
was a lack of protections for invertebrate
species in Idaho, and (4) regulations did
not require FERC or the U.S. Army Corp
of Engineers to address Service concerns
regarding licensing hydroelectric
projects or permitting projects under the
Clean Water Act for unlisted snails.
Information provided by the
petitioner, along with information in
our files, suggests that the threat to Bliss
Rapids snails from inadequate
regulatory mechanisms may be less than
we perceived at the time of listing.
Although there are no regulatory
mechanisms in place to prevent senior
diversions under current water rights
allocations from dewatering the stream
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15:18 Jun 05, 2007
Jkt 211001
(see Groundwater Mining section
above), there are now regulatory
mechanisms to limit future surface
water and groundwater development,
and some pollution control regulations
have been implemented (see Water
Quality section above).
E. Other Natural or Manmade Factors
Affecting Its Continued Existence
The status report provided by the
petitioner (Richards et al. 2006, p. 5)
states that threats to the Bliss Rapids
snail from the New Zealand mudsnail
(Potamopyrgus antipodarum) are not as
they were perceived when the species
was listed in 1992. Richards et al. (2006,
p. 6) note that the New Zealand
mudsnail has not caused any local
extirpations of Bliss Rapids snails, and
that they have not colonized headwater
spring habitats. However, in areas where
the species do coexist, Richards et al.
(2006, pp. 61, 64, 68) found that Bliss
Rapids snails may be competitively
excluded by New Zealand mudsnails,
and that Bliss Rapids snail densities
would be higher in the absence of New
Zealand mudsnails.
At the time of listing, we stated that
New Zealand mudsnails were not
abundant in coldwater springflows with
colonies of Bliss Rapids snails, but that
they did compete with the Bliss Rapids
snail in the mainstem Snake River (57
FR 59254). We have no direct evidence
that New Zealand mudsnails have
displaced colonies of Bliss Rapids
snails, but New Zealand mudsnails have
been documented in dark mats at
densities of nearly 400 individuals per
square inch in free-flowing habitats
within the range of the Bliss Rapids
snail (57 FR 59254). Furthermore, New
Zealand mudsnails have become
established in every spring-fed creek or
tributary to the Hagerman Reach that
has been surveyed (USFWS 2007).
Based on information provided by the
petitioner, along with information in
our files, New Zealand mudsnails
appear to limit Bliss Rapids snail
densities, except in headwater spring
habitats. Although the information
provided by the petitioners clarifies our
understanding of competitive
interactions between New Zealand
mudsnails and Bliss Rapids snails, the
primary conclusions of their review are
consistent with our analysis at the time
of listing. Therefore, we find that the
petitioners have not provided
substantial information indicating that
the threats to Bliss rapids snails from
New Zealand mudsnails may be less
than the best available information
indicated at the time of listing in 1992.
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31255
Finding
We have reviewed the delisting
petition and the supporting documents,
as well as other information in our files.
We find that the delisting petition and
other information in our files presents
substantial information that delisting
the Bliss Rapids snail may be warranted,
and we are initiating a status review.
Petitioners have provided a detailed
status report that updates the state of
knowledge regarding Bliss Rapids snail
habitat use, distribution, and threats.
The status report provides substantial
information indicating that the Bliss
Rapids snail is more widely distributed
in the Hagerman area of southern Idaho
than previously recorded, that it has
been documented in areas without
obvious spring influence based on
visual inspections, and that threats from
hydropower development and ongoing
operation of hydropower dams may not
be what we perceived when we listed
the species in 1992. The status report
also provides substantial information
indicating that additional regulatory
mechanisms now exist that could limit
water development and water pollution
in Bliss Rapids snail habitat. Based on
our review of the petition and
information in our files, other threats to
the species remain, but we will fully
evaluate these and determine whether
or not delisting is warranted, in our 12month finding in accordance with
section 4(b)(3)(B) of the Act.
5-Year Review
Section 4(c)(2)(A) of the Act requires
that we conduct a review of listed
species at least once every 5 years. We
are then, under section 4(c)(2)(B), to
determine whether or not any species
should be removed from the List
(delisted), or reclassified from
endangered to threatened, or threatened
to endangered. We initiated a 5-year
review for the Bliss Rapids snail on July
27, 2004 (69 FR 44676). Because we are
initiating a 12-month finding with this
notice, and because the 12-month
finding and 5-year review serve a
similar purpose (i.e., to determine the
appropriate classification of a species
under the Act), the results of our 12month finding will be adopted for our
5-year review.
References
A complete list of all references cited
in this finding is available, upon
request, from the Snake River Fish and
Wildlife Office (see ADDRESSES section).
Author
The primary author of this document
is Jesse D’Elia, Pacific Regional Office,
Portland, Oregon.
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Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Proposed Rules
Authority
The authority for this action is section
4 of the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
Dated: May 25, 2007.
Randall B. Luthi,
Acting Director, Fish and Wildlife Service.
[FR Doc. 07–2812 Filed 6–5–07; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To List the Yellow-Billed Loon
as Threatened or Endangered
Fish and Wildlife Service,
Interior.
ACTION: Notice of 90-day petition
finding and initiation of status review.
rmajette on PROD1PC64 with PROPOSALS
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce a
90-day finding on a petition to list the
yellow-billed loon (Gavia adamsii) as
threatened or endangered, under the
Endangered Species Act of 1973, as
amended. We find that the petition
presents substantial scientific
information indicating that the
petitioned action may be warranted. As
a result of this action, the Service also
announces the commencement of a
thorough status review to determine if
listing the yellow-billed loon may be
warranted. We ask the public to submit
to us any pertinent information
concerning the status of or threats to
this species. We will also be working
with other agencies to gain additional
data where gaps in our current
information on this species exist. In
addition, together with the Bureau of
Land Management, the Alaska
Departments of Fish and Game and
Natural Resources, the U.S. Geological
Survey, and the National Park Service,
we have developed a Conservation
Agreement for the yellow-billed loon,
which addresses a subset of threats to
the loon in a subset of the species’
range. We invite comments on
management strategies and research
needs that should be considered in
annual reviews of the Conservation
Agreement.
The finding announced in this
document was made on June 6, 2007. To
be considered in the 12-month finding
for this petition comments and
information must be submitted to us by
August 6, 2007.
DATES:
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15:18 Jun 05, 2007
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Data, information, and
comments concerning this finding may
be submitted by any one of the
following methods:
1. You may mail or hand-deliver
written comments and information to:
Yellow-billed Loon Comments,
Endangered Species Branch, Fairbanks
Fish and Wildlife Field Office, U.S. Fish
and Wildlife Service, 101–12th Ave.,
Room 110, Fairbanks, AK 99701.
2. You may fax your comments to
(907) 456–0208. Please clearly indicate
that you are submitting comments for
the Yellow-billed Loon finding on the
cover sheet.
3. You may send your comments by
electronic mail (e-mail) to
YBLoon@fws.gov. Please see the Public
Information Solicited section of this
document for information on submitting
e-mail comments.
4. You may submit comments via the
Internet at the Federal eRulemaking
Portal: https://www.regulations.gov.
Follow the instructions for submitting
comments.
The petition, findings, and supporting
information are available for public
inspection, by appointment, during
normal business hours, at the Fairbanks
Fish and Wildlife Field Office at the
address listed above. The Yellow-billed
Loon Conservation Agreement, which
addresses a subset of threats to the loon
in a subset of the species’ range, is
available at or can be requested from the
address listed above.
FOR FURTHER INFORMATION CONTACT: Mr.
Ted Swem, Fairbanks Fish and Wildlife
Field Office (see ADDRESSES) (telephone
907–456–0441; facsimile 907–456–
0208).
ADDRESSES:
SUPPLEMENTARY INFORMATION:
Public Information Solicited
When we make a finding that
substantial information is presented to
indicate that listing a species may be
warranted, we are required to promptly
commence a review of the status of the
species. To ensure that the status review
is complete and based on the best
available scientific and commercial
information, we are particularly seeking
the following information on the
yellow-billed loon:
(1) Additional information on the life
history, ecology, and distribution of the
species;
(2) The status of the species and any
trend information from the United
States, Canada, Europe, and Asia;
(3) Potential threats to the species on
its nesting grounds, wintering areas, or
migration corridors;
(4) Ongoing management measures
that may be important with regard to the
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Fmt 4702
Sfmt 4702
conservation of the yellow-billed loon
throughout its range;
(5) The extent and nature of the use
of the species for subsistence purposes;
(6) The species’ tolerance for human
interaction and studies documenting
flushing distances;
(7) The incidence of mortality as a
result of bycatch from fishing on lakes
and at sea;
(8) Conservation and management
strategies that should be considered for
inclusion in annual reviews of the
Yellow-billed Loon Conservation
Agreement; and
(9) Whether the U.S. breeding
population constitutes a distinct
population segment.
If you wish to comment, you may
submit your comments and materials
concerning this finding to the
Endangered Species Branch Chief (see
ADDRESSES). If you wish to comment by
e-mail, please include ‘‘Attn: Yellowbilled Loon’’ in the beginning of your
message. Please include your name and
return address in your e-mail message
(anonymous comments will not be
considered). If you do not receive a
confirmation from the system that we
have received your e-mail message, or in
the event that our Internet connection is
not functional, please submit your
comments in writing using one of the
alternate methods described above.
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Background
Section 4(b)(3)(A) of the Endangered
Species Act of 1973, as amended (Act)
(16 U.S.C. 1531 et seq.), requires that we
make a finding on whether a petition to
list, delist, or reclassify a species
presents substantial scientific or
commercial information to indicate that
the petitioned action may be warranted.
We are to base this finding on
information provided in the petition,
supporting information submitted with
the petition, and information otherwise
available in our files at the time we
make the determination. To the
maximum extent practicable, we are to
make this finding within 90 days of our
receipt of the petition and publish our
notice of this finding promptly in the
Federal Register.
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Agencies
[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Proposed Rules]
[Pages 31250-31256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2812]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To Remove the Bliss Rapids Snail (Taylorconcha serpenticola)
From the List of Endangered and Threatened Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding and initiation of status
review.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to remove the Bliss Rapids snail
(Taylorconcha serpenticola) from the Federal List of Endangered and
Threatened Wildlife (List) pursuant to the Endangered Species Act
(Act). We find that the petition presents substantial scientific
information that delisting the Bliss Rapids snail may be warranted, and
are initiating a status review. We plan to conduct this review
concurrent with the ongoing status review initiated on July 27, 2004,
which we are required to make every 5 years under section 4(c)(2)(A) of
the Act. We are requesting submission of any new information on the
Bliss Rapids snail since its original listing as a threatened species
in 1992. At the conclusion of our status review, we will make the
requisite recommendation under section 4(c)(2)(B) of the Act and issue
a 12-month finding on the petition, as provided in section 4(b)(3)(B)
of the Act.
DATES: The finding announced in this document was made on June 6, 2007.
To be considered in the 12-month finding on this petition or the 5-year
review, comments and information must be submitted to us by September
4, 2007.
ADDRESSES: You may submit new information, materials, comments, or
questions concerning this species by any one of the following methods:
1. You may submit comments and information to the Field Supervisor,
Attention: Bliss Rapids Snail Comments, Snake River Fish and Wildlife
Office, 1387 S. Vinnell Way, Suite 368, Boise, Idaho 83709.
2. You may hand-deliver written comments and information to the
above address.
3. You may fax your comments to 208-378-5262.
4. You may go to the Federal rulemaking internet portal: https://
www.regulations.gov. Follow the instructions for submitting comments.
5. You may e-mail your comments to fw1srbocomment@fws.gov.
Please include ``Bliss Rapids Snail Comments'' in the subject line
for faxes and e-mails. Please submit electronic comments in unformatted
text, and avoid the use of special characters and encryption.
FOR FURTHER INFORMATION CONTACT: Susan Burch, Fish and Wildlife
Biologist, Snake River Fish and Wildlife Office (see ADDRESSES);
telephone: 208-378-5243; or e-mail: susan_burch@fws.gov.
SUPPLEMENTARY INFORMATION:
[[Page 31251]]
Public Information Solicited
When we make a finding that substantial information exists to
indicate that listing or delisting a species may be warranted, we are
required to promptly commence a review of the status of the species. To
ensure that the status review is complete and based on the best
available scientific and commercial information, we are soliciting any
additional information, comments, or suggestions on the Bliss Rapids
snail from the public, State and Federal agencies, Tribes, the
scientific community, industry or environmental entities, or any other
interested parties. Information sought includes any data regarding
historical and current distribution, biology and ecology, ongoing
conservation measures for the species or its habitat, and threats to
the species or its habitat. We also request information regarding the
adequacy of existing regulatory mechanisms.
Please note that comments merely stating support or opposition to
the actions under consideration without providing supporting
information, although noted, will not be considered in making a
determination, as section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is a threatened or endangered
species shall be made ``solely on the basis of the best scientific and
commercial data available.'' At the conclusion of the status review, we
will issue the 12-month finding on the petition, as provided in section
4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.).
If you wish to comment or provide information, you may submit your
comments and materials concerning this finding to the Field Supervisor
(see ADDRESSES) by the date listing in the DATES section.
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so. If you wish us to withhold your name and/or address, you
must state this prominently at the beginning of your comment. However,
we will not consider anonymous comments. Comments and materials
received will be available for public inspection, by appointment,
during normal business hours at the address listed in the ADDRESSES
section.
Background
Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as
amended (16 U.S.C. 1531 et seq.), requires that we make a finding on
whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. The finding is based on information
contained in the petition and information otherwise available in our
files at the time we make the finding. To the maximum extent
practicable, we are to make the finding within 90 days of receiving the
petition, and publish our notice of the finding in the Federal
Register.
This finding summarizes the information included in the petition
and information available to us at the time of the petition review.
Under section 4(b)(3)(A) of the Act and our regulations in 50 CFR
424.14(b), our review of a 90-day finding is limited to a determination
of whether the information in the petition meets the ``substantial
scientific or commercial information'' threshold. Our standard for
substantial information with regard to a 90-day petition finding is
``that amount of information that would lead a reasonable person to
believe that the measure proposed in the petition may be warranted''
(50 CFR 424.14(b)). If we find that substantial information was
presented, we are required to promptly commence a review of the status
of the species and publish the results of that status review in a 12-
month finding.
Species Information
The Bliss Rapids snail (Taylorconcha serpenticola) is found
primarily on rocky surfaces in riverine and coldwater spring habitats
along a 65-mile (mi) (105 kilometer (km)) stretch of the Snake River in
the Hagerman area of southern Idaho (Richards et al. 2006, pp. 34-35).
They can be locally abundant in springs and spring habitats (Richards
et al. 2006, pp. 37, 99), but when they occur in non spring influenced
riverine habitats, it is in low densities (Richards et al. 2006, p 37).
They are not known to occur in reservoirs or on organic, fine sediments
(Richards et al. 2006, pp. 21, 23-24). The Bliss Rapids snail appears
to be a univoltine, meaning it has a 1-year life cycle and the adult
population is replaced yearly (Hershler et al. 1994, pp. 239-240);
however, they may have more than one reproductive event within a year
(Richards 2004, p. 119).
We listed the Bliss Rapids snail as threatened on December 14, 1992
(57 FR 59244). At that time, we determined that the Bliss rapids snail
was threatened by construction of new hydropower dams, the operation of
existing hydropower dams, degraded water quality, water diversions, the
introduced New Zealand mudsnail (Potamopyrgus antipodarum), and the
lack of existing regulatory protections (57 FR 59244). The Bliss Rapids
snail was described as existing in discontinuously distributed
populations along 204 river miles (328 river km) in the middle Snake
River, being primarily concentrated in the Hagerman reach in tailwaters
of Bliss and Lower Salmon Dams and several unpolluted springs (i.e.,
Thousands Springs, Minnie Miller Springs, Banbury Springs, Niagara
Springs, and Box Canyon Springs). We finalized the Snake River Aquatic
Species Recovery Plan, which included the Bliss Rapids snail, in 1995
(Service 1995). Critical habitat has not been designated for this
species.
Review of Petition
On December 26, 2006, we received a petition from the Governor of
Idaho and the Idaho Power Company (IPC) requesting that the Bliss
Rapids snail be removed from the List. The delisting petition cites a
recent status review conducted by Richards et al. (2006), a review of
Bliss Rapids snail sampling methodology prepared by Steward &
Associates (2006), and information and data submitted to the Service at
an August 24, 2006, informational meeting as support for their petition
(Idaho 2006 in litt.). The petition clearly identified itself as a
petition and included the requisite identification information for the
petitioners, as required in 50 CFR 424.14(a). The petition cited
information on the natural history of the Bliss Rapids snail, its
population status, and advances in our understanding of the species'
ecology and threats since listing. The petition states that many of the
threats identified in the 1992 listing rule are no longer viable or
have been attenuated by subsequent actions. It also states that the
Bliss Rapids snail is more abundant, is more continuously distributed,
and exists in more diverse habitats than previously recorded.
Threats Analysis
The factors for listing, delisting, or reclassifying a species are
described at 50 CFR 424.11. We may delist a species only if the best
scientific and commercial data available substantiate that it is
neither endangered nor threatened. Delisting may be warranted as a
result of: (1) Extinction, (2) recovery, and/or (3) a determination
that the original data used for classification
[[Page 31252]]
of the species as endangered or threatened were in error.
Section 4(a)(1) of the Act requires that we determine whether a
species is endangered or threatened based on one or more of the five
following factors: (A) Present or threatened destruction, modification,
or curtailment of habitat or range; (B) overutilization for commercial,
recreational, scientific, or educational purposes; (C) disease or
predation; (D) inadequacy of existing regulatory mechanisms; or (E)
other natural or manmade factors affecting its continued existence. In
making this 90-day finding, we evaluated whether information presented
in the December 2006 petition, when considered along with information
in our files, constitutes substantial scientific or commercial
information such that delisting may be warranted. Our evaluation of
this information is presented below.
A. Present or Threatened Destruction, Modification, or Curtailment of
the Species' Habitat or Range
Habitat Use
Petitioners claim that Bliss Rapids snails are able to live in a
variety of habitats previously thought to be unsuitable for the
species, including reservoirs, based primarily on a status report by
Richards et al. (2006). Richards et al. (2006, p. 3) reviewed the
available information on Bliss Rapids snail collections and reported
that the species has been found in areas of the Snake River that do not
have known spring influence. However, the likelihood of Bliss Rapids
snail occurrence decreased with increasing temperature in riverine
habitats (Richards et al. 2006, p. 42), and the highest mean density
for the spring-influenced habitat in the Snake River was 307.2 snails
per meter-squared (m2), compared to the highest mean density
in non spring influenced habitat of 11.7 snails per m2
(Richards et al. 2006, p. 37). Richards et al. (2006, p. 54) also
reported that more Bliss Rapids snails were found in shallow depths
than in deeper ones. Of 607 samples taken in the 3 reservoirs within
the range of the Bliss Rapids snail, none contained Bliss Rapids snails
(Richards et al. 2006, pp. 38-39), and, therefore, the Richards et al.
(2006) study does not support the petitioners' claim that reservoirs
are suitable habitat. Their absence from reservoirs and areas of
organic, fine sediments suggests that this species may be limited to
aerobic substrates flushed by moving water (Richards et al. 2006, p.
23).
At the time of listing, in 1992, we stated that: ``Bliss Rapids
snails occur on stable, cobble-boulder substratum only in flowing
waters in the unimpounded reaches of [the] mainstem Snake River and
also in a few spring alcove habitats in the Hagerman Valley. The
species does not burrow in sediments and normally avoids surfaces with
attached plants. Known river populations (or colonies) of the Bliss
Rapids snail occur only in areas associated with spring influences or
rapids edge environments and tend to flank shorelines. They are found
at varying depths if dissolved oxygen and temperature requirements
persist and are found in shallow (< 1 cm (.4 in)) permanent cold
springs (Frest and Johannes 1992a)'' (57 FR 59245).
Information in our files suggests that populations are consistently
larger, at least in terms of density and relative abundance, in
coldwater springs and spring-fed tributaries compared to mainstem Snake
River locations (Stephenson and Bean 2003, p. 12; Stephenson et al.
2004, pp. 14, 24; Clark et al. 2005, pp. 7, 46-47; Richards et al.
2006, pp. 37-38, 97-99), and the likelihood of Bliss Rapids snail
occurrence decreases with increasing water temperature in riverine
habitats (Richards et al. 2006, p. 42).
Based on information presented by the petitioner, along with
information in our files, most of the basic habitat requirements for
Bliss Rapids snails are reaffirmed. Current information documents the
occurrence of low densities of Bliss Rapids snails in Snake River
reaches without obvious spring influence (based on visual inspection).
The petitioners' claim that Bliss Rapids snails can live in reservoirs
is not supported by the information provided. In fact, data provided by
the petitioner strongly suggest that reservoirs do not provide suitable
habitat for the species and likely impede metapopulation connectivity
(Richards et al. 2006, pp. 38-39, p. 119).
Range
The petitioners claim that the species is more widely distributed
than previously known. They provided a status report by Richards et al.
(2006) as the primary source of information to support their claim.
Richards et al. (2006, pp. 33-34) found that, as of 2006, the Bliss
Rapids snail was documented at 837 collection points in the free-
flowing mid-Snake River, as compared with less than 15 collection
points at the time of listing. Richards et al. (2006, pp. 119, 123)
also state that Bliss Rapids snails exist as possibly 27 discontinuous
populations along the Snake River, including 5 within river habitats
and 22 in spring or spring-influenced habitats. Richards et al. (2006,
pp. 34-35) state that Bliss Rapids snails were recorded in every one of
the 22 non-reservoir miles (35 km) from River Mile (RM) 547.7, upstream
to the head of Upper Salmon Falls Reservoir at RM 589.2 (a distance of
41.5 river miles (66.8 river km)). A total of 19.5 of those 41.5 river
miles (31.4 of those 66.8 river km) are in-reservoir habitat, and
therefore are not suitable for Bliss Rapids snails.
At the time of listing we stated that: ``Based on live collections,
the species currently exists as discontinuously distributed populations
over 204 river miles within its historic range. These populations are
primarily concentrated in the Hagerman reach in tailwaters of Bliss and
Lower Salmon Dams and several unpolluted springs (i.e., Thousand
Springs, Minnie Miller Springs, Banbury Springs, Niagara Springs, and
Box Canyon Springs)'' (57 FR 59245).
Information in our files now suggests that the farthest upstream
population noted in the listing rule (i.e., the observation above
American Falls at RM 749.8 (57 FR 59243)) may have been in error.
Several factors, when considered together, support this conclusion: (1)
The reported observation is 151 river miles (243 river km) away from
the nearest confirmed location of the Bliss Rapids snail (i.e., Niagara
Springs at RM 599), (2) the vouchered specimen cannot be located, and
(3) hundreds of samples for snails have been collected in and above
American Falls Reservoir since the reported collection without further
evidence of the species at that location.
Given the information provided by the petitioner and other
information in our files, we now know the Bliss Rapids snail to be
distributed discontinuously over approximately 65 river miles (105
river km), rather than over 204 river miles (328 river km), as we
stated in the listing rule (57 FR 59243). However, if we discount the
observation above American Falls, which we now believe to be
unreliable, the species is more widely and more continuously
distributed than previously thought (Richards et al. 2006, p. 28).
Construction of New Hydropower Dams
The petition states that threats to Bliss Rapids snail habitat from
future hydro-power development are not as they were perceived when the
species was listed in 1992. The petitioners provided the following
documents as evidence that hydropower permits are no longer moving
forward: (1) A 2002 notice of surrender of preliminary permit for the
River Side Project (Federal Energy Regulatory Commission (FERC) 2002),
(2) 2002 Federal Energy Regulatory
[[Page 31253]]
Commission (FERC) orders denying application for preliminary permits
for the Eagle Rock and Star Falls Hydroelectric Projects (FERC 2002a,
2002b), and (3) a 2003 notice of surrender of preliminary permit for
the Auger Falls Project (FERC 2003). The petitioners also provided
documents from the State of Idaho (Idaho 2006) and Richards et al.
(2006) indicating that all recent permits for the construction of new
dams along the Mid-Snake River reach where the Bliss Rapids snail
occurs have either lapsed or have been denied by the FERC.
At the time of listing, there were six active proposals for new
hydroelectric projects in the middle-Snake River. In our listing rule,
we stated: ``Six proposed hydroelectric projects, including two high
dam facilities, would alter free flowing river reaches within the
existing range of [the Bliss Rapids snail]. Dam construction threatens
the [Bliss Rapids snail] through direct habitat modification and
moderates the Snake River's ability to assimilate point and non-point
pollution. Further hydroelectric development along the Snake River
would inundate existing mollusk habitats through impoundment, reduce
critical shallow, littoral shoreline habitats in tailwater areas due to
operating water fluctuations, elevate water temperatures, reduce
dissolved oxygen levels in impounded sediments, and further fragment
remaining mainstem populations or colonies of these snails'' (57 FR
59251).
We have no information in our files suggesting that future
hydropower development in the middle-Snake River is likely to occur;
therefore, we accept the petitioner's claim that the threats from
hydropower development have dissipated since the time of listing.
Operation of Existing Hydropower Dams
The status report provided by the petitioner (Richards et al. 2006)
states that threats to Bliss Rapids snail habitat from the operation of
hydropower dams (i.e., peak loading) are not as they were perceived
when the species was listed in 1992. Richards et al. (2006, p. 92)
state that free-flowing Bliss Rapids snail habitat downstream of the
dams is improved because fine sediments settle in the reservoirs above
the dams, resulting in reduced fine sediments and increased rocky
substrates, the preferred habitat of the Bliss Rapids snail, downstream
of the dam. They also state that rapid changes in flow below hydropower
dams have not eliminated Bliss Rapids snails from shallow shoreline
areas; on the contrary, highest densities of riverine Bliss Rapids
snail populations directly below hydropower dams occurred in the zones
of highest flow fluctuations (Richards et al. 2006, p. 92).
Richards et al. (2006) cite a laboratory exposure study (Richards
2006) that concluded Bliss Rapids snails could survive for many hours
to several days in moist conditions (i.e., undersides of cobbles) when
air temperatures were greater than 32 [deg]F (0 [deg]C). In an ongoing
field study, Richards (unpublished data, cited in Richards et al. 2006,
pp. 125-126) also found that Bliss Rapids snails could survive on the
damp undersides of exposed cobbles alongside the mid-Snake River for up
to several days. Because fluctuation of water levels due to load-
following only occurred for several hours at a time (William H. Clark,
Idaho Power Company, personal communication, cited in Richards et al.
2006, p. 126), Richards et al. (2006, pp. 125-126) concluded that
direct mortality to Bliss Rapids snails from exposure due to load-
following events should be minimal. The petitioners did not provide any
data that assesses the sub-lethal effects (e.g., impacts to
reproduction, food sources, etc.) of peak-loading.
At the time of listing, we stated: ``Peak-loading, the practice of
artificially raising and lowering river levels to meet short-term
electrical needs by local run-of-the-river hydroelectric projects also
threatens [the Bliss rapids snail]. Peak-loading is a frequent and
sporadic practice that results in dewatering mollusk habitats in
shallow, littoral shoreline areas * * * these diurnal water
fluctuations prevent the [Bliss Rapids snail] from occupying the most
favorable habitats.''
Information in our files suggests that air temperatures within the
range of Bliss Rapids snails regularly fall below 32 [deg]F (0 [deg]C)
between November and March (Richards 2006, p. 28) and that the amount
of time Bliss Rapids snails can survive while exposed to air
temperatures below freezing is significantly less than at 32 [deg]F (0
[deg]C) (e.g., in less than an hour, half of the individuals in a
laboratory trial subjected to a temperature of 19 [deg]F (-7 [deg]C)
died) (Richards 2006, p. 12). Therefore, peak-loading during winter
months may cause Bliss Rapids some snail mortality (Richards 2006, p.
15), but field studies have not been conducted to assess the likely
impact on the population. Furthermore, we have no data in our files
that assesses the sub-lethal effects of peak-loading on Bliss Rapids
snails.
Although there are some uncertainties regarding the actual effects
of peak-loading on Bliss Rapids snails in the wild, the petitioners
have presented substantial information suggesting that the threats from
peak-loading may be less than we perceived at the time of listing.
Water Quality
The status report provided by the petitioner (Richards et al. 2006,
pp. 5-6) states that threats to Bliss Rapids snail habitat from water
pollution are not as they were perceived when the species was listed in
1992. Richards et al. (2006, pp. 5-6, 86) state that significant
nutrient and sediment reduction has occurred in the Snake River
following implementation of the Idaho Nutrient Management Act and
regulated Total Maximum Daily Load (TMDL) reductions from the mid-1990s
to the present.
Hypereutrophy (planktonic algal blooms and nuisance rooted aquatic
plant growths), prior to listing in 1992, was very severe during
drought cycles when deposition of sediments and organic matter
blanketed river substrate, often resulting in unsuitable habitat
conditions for Bliss Rapids snails. Although some nutrient and sediment
reduction has occurred since listing (Richards et al. 2006, p. 5),
water quality of the river from RM 600 to 589 is subject to ``very
large inflows'' of agriculture and aquaculture wastewater flowing to
the river below Twin Falls to lower Salmon Falls dam at RM 572; as a
result, nutrient and sediment concentrations increase during low summer
flows (Richards et al. 2006, p. 91). Furthermore, the highest densities
and occurrence frequencies of Bliss Rapids snails in riverine habitats
were immediately downstream of the mid-Snake river reach considered to
be the most seriously polluted reach of the river (from Shoshone Falls
downstream to Upper Salmon Falls Dam (Richards et al. 2006, p. 33)).
Information in our files shows that phosphorus concentrations, the
key nutrient leading to hypereutrophic conditions in the middle Snake
River, exceeded Environmental Protection Agency (EPA) guidelines for
the control of nuisance algae at numerous locations along the Snake
River from 1989 to 2002, including areas immediately upstream of Bliss
Rapids snail colonies (Hardy et al. 2005, p. 13). Several water quality
assessments have been completed by the EPA, U.S. Bureau of Reclamation
(USBR), and IPC, and all generally agree that water quality in the
Snake River of southern Idaho meets Idaho water quality standards for
aquatic life for some months of the year, but may not meet these
standards when temperatures are high and flows are low
[[Page 31254]]
(Meitl 2002, p. 33). Idaho Department of Environmental Quality's (IDEQ)
2005 performance and progress report to the EPA states that projects
are meeting the Idaho non-point source pollution program goals (IDEQ
2006, p. 8). However, others report that water quality has not improved
appreciably between 1989 and 2002 (Hardy et al. 2005, pp. 19-21, 49,
51).
Although the highest densities and occurrence frequencies of Bliss
Rapids snails in riverine habitat were recorded immediately downstream
of the mid-Snake River reach considered to be the most seriously
polluted reach of the river (from Shoshone Falls downstream to Upper
Salmon Falls Dam), this reach also receives a large infusion of
coldwater spring outflow. No riverine Bliss Rapids snails were detected
upstream of Upper Salmon Falls Dam (Richards et al. 2006, pp. 31-32,
35-37).
Given the information provided by the petitioner and other
information in our files, we find that there are some uncertainties
regarding the effects of degraded water quality in the Snake River on
Bliss Rapids snails; however, we believe the petitioners have presented
substantial information suggesting that the threats from degraded water
quality may be less than we perceived at the time of listing.
Water Diversions (Springs)
The status report provided by the petitioner (Richards et al. 2006,
p. 6) states that some coldwater spring habitats within the range of
the Bliss Rapids snail previously threatened by water development have
been preserved in corporate or public trusteeship.
Information in our files shows that springs occupied by Bliss
Rapids snails that are protected from further water development include
Thousand Springs, Box Canyon Springs (Newcomer in litt. 2005), and
Banbury Springs (Holmstead and Holthuijzen 2005). However, there are
hundreds of other springs in the Hagerman Valley, and nearly all exist
on private land in areas that have not been surveyed for Bliss Rapids
snails due to lack of access. We do not know whether these springs are
being protected or whether they have already been developed for
aquaculture, hydropower, or irrigation water.
Based on information provided by the petitioner, along with other
information in our files, some spring habitats occupied by Bliss Rapids
snails are being protected in preserves. However, the status of
coldwater springs on some private lands remains largely unknown.
Water Diversions (Snake River)
The status report provided by the petitioner (Richards et al. 2006,
p. 5) states that threats to Bliss Rapids snail habitat from diversion
of water from the Snake River for irrigation and aquaculture are not as
they were perceived when the species was listed in 1992. According to
Richards et al. (2006, p. 83), over the past 35 years, the river has
experienced higher energy flushing cycles than in the prior 60 years.
High mean annual flows reached approximately 18,000 cubic feet per
second (cfs) in 1984 and 1997. In 2006, flushing flows had again
occurred with sustained mean daily flows at King Hill in excess of
20,000 cfs (Richards et al. 2006, pp. 83-84).
At the time of listing, we stated: ``Water quality continues to
degrade in the middle Snake River from increased water use and
withdrawal, aggravated by recent drought-induced low flows. This 121
mile (195 kilometer) stretch of the Snake River [i.e., the middle Snake
River] is impacted by agricultural return flows; runoff from between
500 and 600 dairies and feedlots; effluent from over 140 private,
state, and Federal fish culture facilities; and point source (e.g.,
municipal sewage) discharges (Idaho Department of Health and Welfare
(IDHW) 1991a). These factors contribute to increased nutrient loads and
concentrations which in turn adversely impact the lotic species.
Nutrient loading contributes to dense blooms of free-living and
attached filamentous algae, which the species cannot utilize. This
algae will often cover rock surfaces, effectively displacing suitable
snail habitats and food resources. Stream sediments also become anoxic
as high biochemical oxygen demand during the aquatic growing season and
seasonal algae die offs occur.''
We accept the characterization of the flow data at King Hill
provided by the petitioner. However, the petitioners have not explained
how a few years of flushing flows reduces the threat of high
concentrations of pollutants due to low Snake River flows in other
years. Therefore, we find that the petition has not presented
substantial information suggesting that threat of mainstem Snake River
water diversions to Bliss Rapids snails has diminished.
Groundwater Mining
The status report provided by the petitioner (Richards et al. 2006,
p. 5) states that threats to Bliss Rapids snail coldwater spring
influenced habitats from groundwater mining for irrigation and
aquaculture are not as they were perceived when the species was listed
in 1992. Average annual spring flows increased from about 4,400 cfs in
1910 to approximately 6,500 cfs in the early 1960s because of
widespread flood irrigation causing artificial recharge of the aquifer
(Richards et al. 2006, p. 84, 87). As a result of more efficient water
practices from 1960 to the present (i.e., switching from flood
irrigation to more efficient center-pivot irrigation systems) more
water was pumped from the aquifer while water percolation into the
aquifer declined, resulting in declines in average annual spring flows
to about 5,000 cfs (Richards et al. 2006, pp. 84, 87).
The petitioners also provided a number of documents indicating that
there is a moratorium on some groundwater development in the eastern
Snake River plain (Idaho 2004) and that there are current efforts to
artificially recharge the Snake River aquifer to stabilize or increase
spring flows (Idaho 2005). These efforts have the potential to benefit
the Bliss Rapids snails, but their effects have not yet been realized
in terms of stable or increasing spring flows (Richards et al. 2006, p.
84).
Information in our files shows that there are several in-stream
flow targets, set by the State of Idaho, which have the potential to
conserve populations of Bliss Rapids snails (IDWR 2006a). However,
water rights with earlier priority dates have the right to fill their
needs before the minimum stream flow is considered. Senior diversions
can legally dewater the stream in a drought year or when low flows
occur, leaving no water for the minimum stream flow (IDWR 2006b).
Therefore, the current and future conservation benefits of recently
established in-stream flow targets for the Bliss Rapids snail are
uncertain.
Information provided by the petitioner, along with other
information in our files, indicates that the State of Idaho has taken
steps to improve groundwater recharge, and limit new groundwater
development with the eastern Snake River plain; however, the Snake
River Plain aquifer level continues to decline and instream-flow
targets and moratoriums on new groundwater development do not prevent
those with senior water rights from diminishing flows in drought years
or during low flows. Therefore, we find that the petitioners have not
presented substantial information indicating that the threat of
groundwater mining to the Bliss Rapids snail may be less than the best
available information indicated at the time of listing in 1992.
[[Page 31255]]
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
The petitioners did not provide information regarding the
overutilization of Bliss Rapids snails for commercial, recreational,
scientific, or educational purposes, and we do not have information in
our files suggesting that this factor is a threat to the species.
C. Disease or Predation
The petitioners did not provide information regarding the effects
of disease or predation on Bliss Rapids snails. At the time of listing,
we stated that changes in the fish fauna of the middle Snake River had
been suggested as a potential threat to the Bliss Rapids snail (57 FR
59254). At that time, we had no data to support this suggestion, and we
still have no information in our files suggesting that disease or
predation are significant threats to the Bliss Rapids snail.
D. The Inadequacy of Existing Regulatory Mechanisms
The petitioners provided numerous documents regarding water rights,
aquifer recharge, and groundwater management in the Snake River and
Snake River Plain aquifer (Idaho 2006 in litt.). These documents
indicate that the State of Idaho has regulatory mechanisms to limit or
exclude the development of new surface water or groundwater rights
within the range of the Bliss Rapids snail. These documents also
indicate that the State has regulatory mechanisms to prioritize
existing water rights based on seniority.
At the time of listing, we found inadequate regulatory mechanisms
to be a threat because (1) regulations were inadequate to curb further
water withdrawal from groundwater spring outflows or tributary spring
streams, (2) it was unlikely that pollution control regulations would
reverse the trend in nutrient loading any time soon, (3) there was a
lack of protections for invertebrate species in Idaho, and (4)
regulations did not require FERC or the U.S. Army Corp of Engineers to
address Service concerns regarding licensing hydroelectric projects or
permitting projects under the Clean Water Act for unlisted snails.
Information provided by the petitioner, along with information in
our files, suggests that the threat to Bliss Rapids snails from
inadequate regulatory mechanisms may be less than we perceived at the
time of listing. Although there are no regulatory mechanisms in place
to prevent senior diversions under current water rights allocations
from dewatering the stream (see Groundwater Mining section above),
there are now regulatory mechanisms to limit future surface water and
groundwater development, and some pollution control regulations have
been implemented (see Water Quality section above).
E. Other Natural or Manmade Factors Affecting Its Continued Existence
The status report provided by the petitioner (Richards et al. 2006,
p. 5) states that threats to the Bliss Rapids snail from the New
Zealand mudsnail (Potamopyrgus antipodarum) are not as they were
perceived when the species was listed in 1992. Richards et al. (2006,
p. 6) note that the New Zealand mudsnail has not caused any local
extirpations of Bliss Rapids snails, and that they have not colonized
headwater spring habitats. However, in areas where the species do
coexist, Richards et al. (2006, pp. 61, 64, 68) found that Bliss Rapids
snails may be competitively excluded by New Zealand mudsnails, and that
Bliss Rapids snail densities would be higher in the absence of New
Zealand mudsnails.
At the time of listing, we stated that New Zealand mudsnails were
not abundant in coldwater springflows with colonies of Bliss Rapids
snails, but that they did compete with the Bliss Rapids snail in the
mainstem Snake River (57 FR 59254). We have no direct evidence that New
Zealand mudsnails have displaced colonies of Bliss Rapids snails, but
New Zealand mudsnails have been documented in dark mats at densities of
nearly 400 individuals per square inch in free-flowing habitats within
the range of the Bliss Rapids snail (57 FR 59254). Furthermore, New
Zealand mudsnails have become established in every spring-fed creek or
tributary to the Hagerman Reach that has been surveyed (USFWS 2007).
Based on information provided by the petitioner, along with
information in our files, New Zealand mudsnails appear to limit Bliss
Rapids snail densities, except in headwater spring habitats. Although
the information provided by the petitioners clarifies our understanding
of competitive interactions between New Zealand mudsnails and Bliss
Rapids snails, the primary conclusions of their review are consistent
with our analysis at the time of listing. Therefore, we find that the
petitioners have not provided substantial information indicating that
the threats to Bliss rapids snails from New Zealand mudsnails may be
less than the best available information indicated at the time of
listing in 1992.
Finding
We have reviewed the delisting petition and the supporting
documents, as well as other information in our files. We find that the
delisting petition and other information in our files presents
substantial information that delisting the Bliss Rapids snail may be
warranted, and we are initiating a status review. Petitioners have
provided a detailed status report that updates the state of knowledge
regarding Bliss Rapids snail habitat use, distribution, and threats.
The status report provides substantial information indicating that the
Bliss Rapids snail is more widely distributed in the Hagerman area of
southern Idaho than previously recorded, that it has been documented in
areas without obvious spring influence based on visual inspections, and
that threats from hydropower development and ongoing operation of
hydropower dams may not be what we perceived when we listed the species
in 1992. The status report also provides substantial information
indicating that additional regulatory mechanisms now exist that could
limit water development and water pollution in Bliss Rapids snail
habitat. Based on our review of the petition and information in our
files, other threats to the species remain, but we will fully evaluate
these and determine whether or not delisting is warranted, in our 12-
month finding in accordance with section 4(b)(3)(B) of the Act.
5-Year Review
Section 4(c)(2)(A) of the Act requires that we conduct a review of
listed species at least once every 5 years. We are then, under section
4(c)(2)(B), to determine whether or not any species should be removed
from the List (delisted), or reclassified from endangered to
threatened, or threatened to endangered. We initiated a 5-year review
for the Bliss Rapids snail on July 27, 2004 (69 FR 44676). Because we
are initiating a 12-month finding with this notice, and because the 12-
month finding and 5-year review serve a similar purpose (i.e., to
determine the appropriate classification of a species under the Act),
the results of our 12-month finding will be adopted for our 5-year
review.
References
A complete list of all references cited in this finding is
available, upon request, from the Snake River Fish and Wildlife Office
(see ADDRESSES section).
Author
The primary author of this document is Jesse D'Elia, Pacific
Regional Office, Portland, Oregon.
[[Page 31256]]
Authority
The authority for this action is section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
Dated: May 25, 2007.
Randall B. Luthi,
Acting Director, Fish and Wildlife Service.
[FR Doc. 07-2812 Filed 6-5-07; 8:45 am]
BILLING CODE 4310-55-P