[Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18931]


[[Page Unknown]]

[Federal Register: August 4, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF THE INTERIOR
50 CFR Part 17

RIN 1018-AC83

 

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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Fish and Wildlife Service (Service) proposes to list the 
San Diego fairy shrimp (Branchinecta sandiegoensis) as endangered 
throughout its range in southwestern California and northwestern Baja 
California, Mexico, pursuant to the Endangered Species Act of 1973, as 
amended (Act). This species occurs in vernal pools and is threatened by 
a variety of factors including: Habitat destruction and fragmentation 
from agricultural and urban development, alterations of wetland 
hydrology by draining, off-road vehicle activity, and cattle and sheep 
grazing. This proposed rule, if made final, would extend the Act's 
protection to the San Diego fairy shrimp.

DATES: Comments from all interested parties must be received by October 
3, 1994. Public hearing requests must be received by September 19, 
1994.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad 
Field Office, 2730 Loker Avenue West, Carlsbad, California 92008. 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT: Fred M. Roberts, at the above address 
(telephone 619/431-9440).

SUPPLEMENTARY INFORMATION:

Background

    The San Diego fairy shrimp (Branchinecta sandiegoensis) is a member 
of Branchinectidae, a freshwater crustacean family in the Order 
Anostraca (fairy shrimp). The species was first described by Michael 
Fugate (1993) based on collections made at Del Mar Mesa in San Diego 
County in 1990 by himself and M. Simovich. The San Diego fairy shrimp 
is closely allied with, and has historically been misidentified as, B. 
lindahli, a species widely distributed in western North America. The 
San Diego fairy shrimp was first collected (but then identified as B. 
lindahli) in Poway and Ramona, San Diego County, in 1962; additional 
collections were made on Kearny Mesa in 1979 (Simovich and Fugate 
1992).
    The San Diego fairy shrimp is restricted to vernal pools, which 
occur in areas with shallow depressions that have a clay hardpan soil 
layer that inhibits water percolation. This results in a perched water 
table during the winter rainy season and the following spring. Vernal 
pools retain water only long enough to support relatively few species 
of aquatic emergent plants and invertebrates. As the pools dry and the 
surface water recedes toward the center of the pool, a unique and 
dynamic flora develops in its place. Vernal pools typically occur on 
mesa tops or valley floors and are surrounded by very low hills, 
usually referred to as mima mounds (Zedler 1987).
    The San Diego fairy shrimp is a small and delicate animal with 
large stalked compound eyes, no carapace, and 11 pairs of swimming 
legs. Mature males are from 9 to 16 mm (0.4 to 0.6 in) in length and 
females are 8 to 14 mm (0.4 to 0.5 in) in length. They swim or glide 
upside down by means of complex beating movements of the legs that pass 
in a wave-like anterior to posterior direction. The second pair of 
antennae on the adult female are cylindrical and elongate, but in the 
male are greatly enlarged and specialized for clasping the female 
during copulation. The female carries the eggs in an oval or elongate 
ventral brood sac. The eggs are either released or remain attached to 
the female until she dies and sinks. The thick-shelled eggs are capable 
of withstanding high heat, cold, and prolonged desiccation.
    The San Diego fairy shrimp occurs in San Diego County from San 
Marcos and Ramona south to Otay Mesa and at Valle de Palmas in 
northwestern Baja California, Mexico. All known localities are below 
700 meters (2,300 feet) and within 50 kilometers (30 miles) of the 
Pacific coast. Five other branchinectid fairy shrimp occur in southern 
California. Only one of these species, Branchinecta lindahli, is known 
from San Diego County (Simovich and Fugate 1992). B. lindahli is a 
habitat generalist and may occur in ponds or ditches. The only other 
branchinectid fairy shrimp in southern California that is similar in 
appearance to the San Diego fairy shrimp is the vernal pool fairy 
shrimp (B. lynchi), which occurs in adjacent Riverside County. Male San 
Diego fairy shrimp may be separated from males of other species within 
the genus by the shape of the second antenna. Female San Diego fairy 
shrimp are distinguishable by the shape and length of the ovisac and 
egg and by the presence of paired dorsolateral spines (Fugate 1993).
    The San Diego fairy shrimp is a habitat specialist and is 
restricted to vernal pools. This species occasionally occurs in ditches 
and road ruts, but only if these depressions are in degraded vernal 
pool habitat (D. Hogan, San Diego Biodiversity Project, in litt., 1992; 
Marie Simovich, University of San Diego, pers. comm., 1993). This 
species appears to prefer cool water temperatures ranging from 10 to 23 
degrees centigrade (Fugate and Simovich 1992).
    The prehistorical distribution of this species is uncertain. The 
majority of the vernal pools in this region were lost prior to 1990. 
However, based on historical collections (some originally identified as 
B. lindahli) the San Diego fairy shrimp was known from at least 15 
locales within San Diego County (Balko and Ebert 1987, Fugate 1993). 
The fairy shrimp presently occurs in fewer than 70 vernal pools within 
11 vernal pool complexes in coastal San Diego County (Hogan 1992). 
Three of the San Diego County populations of this species are on 
Federal land (all on Miramar Naval Air Station). Two others are, in 
part, on public land (Del Mar Mesa Vernal Pool Preserve and Mission 
Trails Regional Park).
    The San Diego fairy shrimp has also been reported from Isla Vista 
in Santa Barbara County, California, but the identification of the 
single female individual is unconfirmed (Michael Fugate, University of 
Oregon, pers. comm., 1993). Directed surveys of vernal pools in Isla 
Vista for fairy shrimp have not located any additional San Diego fairy 
shrimp individuals (Marie Simovich, pers. comm., 1994). The vernal 
pools in south coastal Santa Barbara County have been significantly 
reduced in number by the same factors that have reduced the number of 
vernal pools in San Diego County (Ferren and Pritchett 1988). The Santa 
Barbara County vernal pools are now isolated from those in San Diego 
County by agricultural and urban development in Ventura, Los Angeles, 
and Orange Counties.

Previous Federal Action

    On March 24, 1992, the Service received a petition to list the San 
Diego fairy shrimp as endangered. Petitioners were Dave Hogan of the 
San Diego Biodiversity Project in Julian, California, and Denton Belk 
of Our Lady of the Lake University in San Antonio, Texas. The Service 
finds that substantial information was presented in the petition to 
indicate that the requested action may be warranted. This finding is 
based on a detailed narrative justification in the petition for the 
recommended action, including information about the distribution, 
decline, and threats to this species over a significant portion of its 
range. This proposed rule is the first Federal action on the San Diego 
fairy shrimp and constitutes the final 1-year finding on the petitioned 
action that the action is warranted, as required by section 4(b)(3)(B) 
of the Act.

Summary of Factors Affecting the Species

    Section 4 of the Endangered Species Act (16 U.S.C. 1531 et seq.) 
and regulations (50 CFR part 424) promulgated to implement the listing 
provisions of the Act set forth the procedures for adding species to 
the Federal lists. A species may be determined to be an endangered or 
threatened species due to one or more of the five factors described in 
section 4(a)(1). These factors and their application to the San Diego 
fairy shrimp (Branchinecta sandiegoensis Fugate) are discussed below.
    A. The Present or Threatened Destruction, Modification, or 
Curtailment of Its Habitat or Range
    The natural plant communities of coastal San Diego County and 
northwestern Baja California, Mexico, have undergone significant 
changes as a result of both direct and indirect human-caused 
activities. The rapid urbanization of this region has already 
eliminated a significant proportion of the vernal pool habitat for this 
taxon. The remaining patches of habitat are frequently isolated, 
degraded, and/or fragmented by agricultural practices, streambed 
channelization and other hydrological alterations, and grazing.
    Vernal pools have undergone an extraordinary reduction in number 
and have nearly been eliminated in southern California. In San Diego 
County, over 97 percent of vernal pool habitat had been lost by 1986 
(Bauder 1986). While it is uncertain how many of these pools were 
occupied by the San Diego fairy shrimp, the species was known to occupy 
a number of vernal pools that have since been disturbed, destroyed or 
lost (Bauder 1986, Balko and Ebert 1987, Fugate 1993).
    In San Diego County, the San Diego fairy shrimp occurs within 
vernal pool complexes that have been and continue to be impacted by 
urbanization and agricultural conversion (Bauder 1986, Hogan and Belk 
1992, Nancy Gilbert and Ellen Berryman, U.S. Fish and Wildlife Service, 
pers. comm., 1993). Nine of the 11 known populations of San Diego fairy 
shrimp in San Diego County are declining because of vernal pool 
destruction (Bauder 1986; D. Hogan, in litt. 1992; Marie Simovich, 
pers. comm., 1993).
    At least two populations of the San Diego fairy shrimp occur on 
Otay Mesa in San Diego County. A minimum of 37 proposed Precise Plans 
and Tentative Maps for development have been filed pursuant to the 
California Environmental Quality Act for this area. These plans 
encompass about 80 percent of the undeveloped portion of the mesa 
within the jurisdiction of the city of San Diego and virtually all but 
four of the remaining vernal pool complexes. Several of these projects 
will impact the San Diego fairy shrimp. At least one major 
transportation project has been proposed for Otay Mesa and could 
potentially impact vernal pools that are occupied by the San Diego 
fairy shrimp.
    The San Diego fairy shrimp is found on Federal lands managed by the 
Navy. The species occurs on Miramar Naval Air Station. These lands are 
used, in part, for military training activities that involve off-road 
vehicle maneuvers that adversely impact the species (Hogan and Belk 
1992).
    Trash dumping has also degraded vernal pools in San Diego County. 
Discarded chunks of concrete, tires, refrigerators, furniture, and 
other pieces of garbage or debris have been found in pools containing 
the San Diego fairy shrimp. This trash crushes or shades vernal pool 
plants, disrupts the hydrologic functions of the pool, and in some 
cases, may release toxic substances.
    Vernal pools in San Diego County have also been degraded by off-
road vehicles. These vehicles compact soils, crush plants when water is 
present, cause turbidity, and leave deep ruts. This type of damage may 
alter the microhydrology of the pools. Dirt roads that go through or 
adjacent to pools are widened as motorists try to avoid mud puddles and 
in this way, the pools are gradually destroyed.
    The San Diego fairy shrimp's vernal pool habitat is also vulnerable 
to indirect destruction due to the alteration of the supporting 
watershed. An increase in water due to urban run-off leads to increased 
inundation and makes pools vulnerable to invasion by marshy plant 
species resulting in decreased abundance of obligate vernal pool taxa. 
At the other extreme, some pools have been drained or blocked from 
their source of water and have shown an increased domination by upland 
plant species. The San Diego fairy shrimp is especially vulnerable to 
alterations in hydrology.
    Development projects adjacent to vernal pools are often responsible 
for adverse alterations in drainage. Hydrological alterations are 
sometimes a result of agricultural development, or a combination of 
urban development and agriculture.
    B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes
    Overutilization is not currently a known threat factor for the San 
Diego fairy shrimp.
    C. Disease or Predation
    As vernal pools mature, there is a gradual increase in numbers and 
size of predaceous aquatic insects, known to consume fairy shrimp 
(Zedler 1987).
    D. The Inadequacy of Existing Regulatory Mechanisms
    Existing regulatory mechanisms that could provide some protection 
for the San Diego fairy shrimp include: (1) Consideration under the 
California Environmental Quality Act (CEQA); (2) implementation of 
conservation plans pursuant to the State of California's Natural 
Community Conservation Planning Act of 1991 (NCCP), the San Diego 
Multiple Species Conservation Plan (MSCP), and the San Diego County 
Multiple Habitat Conservation Plan (MHCP); (3) section 404 of the 
Federal Clean Water Act; (4) occurrence with other species protected by 
the Federal Endangered Species Act; (5) land acquisition and management 
by Federal, State, or local agencies, or by private groups and 
organizations; (6) local laws and regulations; and (7) Mexican law.
    Most of the known populations of the taxon occur on privately owned 
land. Local lead agencies empowered to uphold and enforce the 
regulations of the CEQA have made determinations that have or will 
adversely affect the San Diego fairy shrimp. Required biological 
surveys are often inadequate and project proponents may ignore the 
results of surveys if occurrences of sensitive species are viewed as a 
constraint on project design. Mitigation measures used to condition 
project approvals are essentially experimental and fail to adequately 
guarantee protection of sustainable populations.
    For example, in San Diego County, vernal pools containing the San 
Diego fairy shrimp and the Federal- and State-listed Pogogyne abramsii 
(San Diego mesa mint) were destroyed without adequate environmental 
documentation or coordination with the Service and the California 
Department of Fish and Game. In this case, the project proponent was a 
school district.
    Section 15380 of CEQA requires that impacts to any taxon that meets 
the criteria for listing under the California Endangered Species Act be 
treated as significant regardless of its current listing status. The 
San Diego fairy shrimp has been recognized as a distinct taxon by the 
scientific and local conservation communities since 1990. Impacts to 
this species would qualify as significant under section 15380 of CEQA 
even though this species was not formally recognized until 1993 (Fugate 
1993). However, this taxon has only been considered in a limited number 
of environmental impact reports since 1990.
    In 1991, the State of California established the NCCP program to 
address the conservation needs of natural ecosystems throughout the 
State. The initial focus of this program was the coastal sage scrub 
community. The San Diego fairy shrimp is found in vernal pools and not 
coastal sage scrub. The San Diego fairy shrimp is being considered 
under the MSCP and MHCP programs. These programs, under development by 
the County of San Diego and its coastal cities, are being integrated as 
components of the NCCP program. However, these programs are still in 
the developmental phase, and it is uncertain as to what degree they 
will be successful in providing protection for this species. For 
example, two alternatives of the MSCP (coastal sage scrub and public 
lands) would not provide adequate preservation for the San Diego fairy 
shrimp because much of the shrimp's habitat (vernal pools) would be 
excluded.
    Under section 404 of the Clean Water Act, the U.S. Army Corps of 
Engineers (Corps) regulates the discharge of fill into waters of the 
United States, including navigable waters, wetlands (e.g., vernal 
pools), and other waters. The Clean Water Act requires project 
proponents to obtain a permit from the Corps prior to undertaking many 
activities (e.g., grading, discharge of soil or other fill material, 
etc.) that would result in the fill of wetlands under the Corps' 
jurisdiction. The Corps promulgated Nationwide Permit Number 26 (see 33 
CFR 330.5(a)(26)) to address fill of isolated or headwater wetlands 
totalling less than 10 acres. Under Nationwide Permit 26, proposals 
that involve the fill of wetlands less than one acre are considered 
authorized. Where fill would adversely modify between 1 to 10 acres of 
wetland, the Corps circulates a predischarge notification to the 
Service and other interested parties for comment to determine whether 
or not an individual permit should be required for a proposed fill 
activity and associated impacts.
    Individual permits are required for the discharge of fill material 
that would fill or adversely modify greater than 10 acres of wetlands. 
The review process for the issuance of individual permits is more 
rigorous than for nationwide permits. Unlike nationwide permits, an 
analysis of cumulative wetland impacts is required for individual 
permit applications. Resulting permits may include special conditions 
that require the avoidance or mitigation of environmental impacts. On 
nationwide permits, the Corps has discretionary authority to require an 
applicant to seek an individual permit if the Corps believes that the 
resources are sufficiently important, regardless of the wetland's size. 
In practice, the Corps rarely requires an individual permit when a 
project would qualify for a nationwide permit, unless when a threatened 
or endangered species or other significant resources would be adversely 
affected by the proposed activity.
    The San Diego fairy shrimp could potentially be affected by 
projects requiring a permit from the Corps under section 404 of the 
Clean Water Act. Although the objective of the Clean Water Act is to 
``restore and maintain the chemical, physical, and biological integrity 
of the Nation's waters'' (Pub. L. 92-500), which include navigable and 
isolated waters, headwaters, and adjacent wetlands, no specific 
provisions adequately address the need to conserve candidate species 
such as the San Diego fairy shrimp.
    Even if the Corps establishes jurisdiction under the Clean Water 
Act over vernal pools, this does not ensure their protection. At least 
two vernal pool complexes under Corps jurisdiction in San Diego County 
have been destroyed or degraded without a section 404 permit (Jim Dice, 
Calif. Department of Fish and Game, pers. comm., 1993; U.S. Fish and 
Wildlife Service data files).
    The Act can incidentally afford protection to the San Diego fairy 
shrimp if they co-exist with species already listed as threatened or 
endangered. Pogogyne abramsii (San Diego mesa mint), Pogogyne nudiscula 
(Otay Mesa mint), Orcuttia californica (California orcutt grass), 
Eryngium aristulatum var. parishii (San Diego button celery), and the 
Riverside fairy shrimp (Streptocephalus wootoni) are listed as 
endangered under the Act and occur in the same habitat as the San Diego 
fairy shrimp. However, these species are generally not found in the 
same vernal pool complexes as the San Diego fairy shrimp. The Riverside 
fairy shrimp and San Diego fairy shrimp co-exist in only three vernal 
pool complexes in San Diego County. Within a vernal pool complex, the 
San Diego fairy shrimp does not often occur in the same pools as listed 
species.
    Land acquisition and management by Federal, State, or local 
agencies, or by private groups and organizations has contributed to the 
protection of some localities inhabited by this taxon. However, as 
discussed below, these efforts are often directed at other species and 
are inadequate to assure the long-term survival of the San Diego fairy 
shrimp.
    The San Diego fairy shrimp occurs within the California Department 
of Transportation Vernal Pool Preserve. Although these pools are 
managed for the long-term protection of vernal pool flora and fauna, 
off-road vehicle activity, development proposals immediately adjacent 
to the preserve, and proposed restoration actions threaten the San 
Diego fairy shrimp at this locality (Hogan and Belk 1992; M. Simovich, 
pers. comm., 1993).
    The San Diego fairy shrimp also occurs in northwestern Baja 
California, Mexico. The Service is not aware of any existing regulatory 
mechanisms in Mexico that would protect the San Diego fairy shrimp or 
its habitat.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

    Cattle grazing occurs on Otay Mesa in areas where several vernal 
pool complexes contain the San Diego fairy shrimp. Livestock grazing 
typically changes the composition of native plant communities by 
reducing or eliminating those species that can not withstand trampling 
and by enabling more resistant (usually non-native) species to increase 
in abundance. Taxa that were not previously part of the native flora 
may be introduced and flourish under a grazing regime and may reduce or 
replace native species through competition for resources.
    Disturbance of vernal pools in San Diego County increases the 
potential for other fairy shrimp species (such as the widespread 
Branchinecta lindahli) to replace the San Diego fairy shrimp, which is 
unable to persist under disturbed conditions (M. Simovich, in litt., 
University of San Diego, 1992).
    San Diego fairy shrimp are highly reliant on seasonal rainfall. 
Drier conditions, such as those that prevailed from 1986 to 1992, 
reduce the number of individuals in populations. Climatic conditions 
stress species. Negative effects of habitat loss and degradation from 
other factors including development, discing, and grazing, when 
combined with climatic conditions, increase the level of threat to the 
San Diego fairy shrimp.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by the San Diego fairy shrimp in determining to 
propose this rule. Based on this evaluation, the Service finds that the 
preferred action is to list the San Diego fairy shrimp as endangered. 
The San Diego fairy shrimp is threatened by one or more of the 
following factors: Habitat alteration and destruction resulting from 
urban and agricultural development; alteration of hydrology; off-road 
vehicle use/recreational activities; inadequate regulatory mechanisms; 
and grazing.
    The San Diego fairy shrimp is in imminent danger of extinction 
throughout all or a significant portion of its range. Critical habitat 
is not being proposed for this taxon for the reasons discussed below.

Critical Habitat

    Section 4(a)(3) of the Act, as amended, requires that, to the 
maximum extent prudent and determinable, the Secretary designate 
critical habitat at the time the taxon is listed. Critical habitat is 
not determinable if insufficient information exists to perform an 
economic impact analysis of designating a particular area as critical 
habitat, or if the biological needs of the species are not sufficiently 
well known to permit identification of an area as critical habitat (50 
CFR 424.12(a)(2)).
    The Service is in the process of defining critical habitat and 
determining more clearly what the ecological requirements and 
constituent elements are for the San Diego fairy shrimp. The Service 
may find that determination of critical habitat is not prudent for this 
taxon, however, at this time designation of critical habitat is not 
determinable.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Endangered Species Act include recognition, 
recovery actions, requirements for Federal protection, and prohibitions 
against certain activities. Recognition through listing encourages and 
results in conservation actions by Federal, State, and private 
agencies, groups, and individuals. The Endangered Species Act provides 
for possible land acquisition and cooperation with the States and 
requires that recovery actions be carried out for all listed species. 
The protection required of Federal agencies and the prohibitions 
against certain activities involving listed plants and animals are 
discussed, in part, below.
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is proposed or 
listed as endangered or threatened and with respect to its critical 
habitat, if any is being designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) requires Federal agencies to confer with the 
Service on any action that is likely to jeopardize the continued 
existence of a proposed species or result in destruction or adverse 
modification of proposed critical habitat. If a species is subsequently 
listed, section 7(a)(2) requires Federal agencies to ensure that 
activities they authorize, fund, or carry out are not likely to 
jeopardize the continued existence of such a species or destroy or 
adversely modify its critical habitat. If a Federal action may affect a 
listed species or its critical habitat, the responsible Federal agency 
must enter into formal consultation with the Service.
    Federal agencies expected to have involvement with the San Diego 
fairy shrimp include the Army Corps of Engineers and the Environmental 
Protection Agency due to their permit authority under section 404 of 
the Clean Water Act. The San Diego fairy shrimp occurs on the U.S. 
Navy's Miramar Air Station. This base will likely be involved through 
military activities or potential excessing of Federal lands.
    The Act and its implementing regulations found at 50 CFR 17.21 set 
forth a series of prohibitions and exceptions that apply to all 
endangered wildlife. These prohibitions, in part, make it illegal for 
any person subject to the jurisdiction of the United States to take 
(including harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, collect, or to attempt any of these), import or export, 
transport in interstate or foreign commerce in the course of commercial 
activity, or sell or offer for sale in interstate or foreign commerce 
any listed species of wildlife. It is also illegal to possess, sell, 
deliver, carry, transport, or ship any such wildlife that has been 
taken illegally. Certain exceptions apply to agents of the Service and 
State conservation agencies.
    Permits may be issued to carry out otherwise prohibited activities 
involving endangered wildlife species under certain circumstances. 
Regulations governing such permits are at 50 CFR 17.22 and 17.23. Such 
permits are available for scientific purposes, to enhance the 
propagation or survival of the species, and/or for incidental take in 
connection with otherwise lawful activities. In some instances 
involving trade, permits may be issued for a specified time to relieve 
undue economic hardship that would be suffered if such relief were not 
available. The San Diego fairy shrimp is not involved in trade, and 
such permit requests are not expected.
    Requests for copies of the requirements and regulations on permits 
or trade in wildlife and plants and inquiries regarding them should be 
addressed to the U.S. Fish and Wildlife Service, Ecological Services, 
Endangered Species Permits, 911 N.E. 11th Avenue, Portland, Oregon 
97232-4181 (503/231-2063; FAX 503/231-6243).

Public Comments Solicited

    The Service intends that any final action resulting from this 
proposal will be as accurate and as effective as possible. Therefore, 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule are hereby solicited. Comments 
particularly are sought concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threat (or lack thereof) to this taxon;
    (2) The location of any additional populations of this species and 
the reasons why any habitat should or should not be determined to be 
critical habitat as provided by section 4 of the Act;
    (3) Additional information concerning the range, distribution, and 
population size of this taxon; and
    (4) Current or planned activities in the subject area and their 
possible impacts on this species.
    The final decision on this proposal will take into consideration 
the comments and any additional information received by the Service, 
and such communications may lead to a final regulation that differs 
from this proposal.
    The Endangered Species Act provides for a public hearing on this 
proposal, if requested. Requests must be received within 45 days of the 
date of publication of the proposal. Such requests must be made in 
writing and addressed to the Field Supervisor of the Carlsbad Field 
Office (see ADDRESSES section).

National Environmental Policy Act

    The Fish and Wildlife Service has determined that an Environmental 
Assessment or Environmental Impact Statement, as defined under the 
authority of the National Environmental Policy Act of 1969, need not be 
prepared in connection with regulations adopted pursuant to section 
4(a) of the Endangered Species Act of 1973, as amended. A notice 
outlining the Service's reasons for this determination was published in 
the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

Balko, M.L., and T.A. Ebert. 1987. Temporary pools as islands in 
space and time: the biota of vernal pools in San Diego, southern 
California, USA. Archiv fur Hydrobiologie 110:101:123.
Bauder, E.T. 1986. San Diego vernal pools, recent and projected 
losses; their condition; and threats to their existence 1979-1990, 
volume I. Prepared for the Endangered Plant Program, California 
Department of Fish and Game, Sacramento, California.
Ferren, W.R. and D.A. Pritchett. 1988. Enhancement, restoration, and 
creation of vernal pools at Del Sol Open Space and Vernal Pool 
Reserve, Santa Barbara County, California. Department of Biological 
Sciences, University of California, Santa Barbara, Environmental 
Report No. 13.
Fugate, M. 1993. Branchinecta sandiegoensis, a new species of fairy 
shrimp (Crustacea: Anostraca) from western North America. 
Proceedings of the Biological Society of Washington 106(2):296-304.
Hogan, D. and D. Belk. 1992. Petition to list the San Diego fairy 
shrimp as an endangered species. Unpubl. rept. to support petition 
to Fish and Wildlife Service.
Simovich, M.A. and M. Fugate. 1992. Branchiopod diversity in San 
Diego County, California. 1992 Transactions of the Western Section 
of the Wildlife Society 28:6-14.
WESTEC Services, Inc. 1988. Biological mitigation plan for the 
College area specific plan, San Marcos, San Diego County, 
California. Unpubl. rept. prepared for the Baldwin Company, San 
Diego, California.
Zedler, P. H. 1987. The ecology of southern California vernal pools: 
a community profile. U.S. Department of Interior, Fish and Wildlife 
Service, Biological Report 85(7.11).

Author

    The primary author of this proposed rule is Fred M. Roberts, 
Jr., Carlsbad Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

PART 17--[AMENDED]

    Accordingly, it is hereby proposed to amend part 17, subchapter B 
of chapter I, title 50 of the Code of Federal Regulations, as set forth 
below:
    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

    2. It is proposed to amend Sec. 17.11(h) by adding the following, 
in alphabetical order under CRUSTACEANS, to the List of Endangered and 
Threatened Wildlife:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Species                                                 Vertebrate population                                                      
--------------------------------------------------     Historic range         where endangered or       Status     When listed    Critical     Special  
      Common name             Scientific name                                     threatened                                      habitat       rules   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
       Crustaceans                                                                                                                                      
                                                                                                                                                        
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Shrimp, San Diego fairy.  Branchinecta             U.S.A. (CA), Mexico....  NA.....................  E             ...........           NA           NA
                           sandiegoensis.                                                                                                               
                                                                                                                                                        
                                                                     * * * * * * *                                                                      
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: July 27, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-18931 Filed 8-1-94; 8:45 am]
BILLING CODE 4310-55-P