[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]


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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.

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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]
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