[Federal Register Volume 60, Number 24 (Monday, February 6, 1995)]
[Rules and Regulations]
[Pages 6968-6974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2836]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC25


Endangered and Threatened Wildlife and Plants; Spruce-Fir Moss 
Spider Determined To Be Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

SUMMARY: The U.S. Fish and Wildlife Service (Service) determines the 
spruce-fir moss spider (Microhexura montivaga) to be an endangered 
species under the Endangered Species Act of 1973, as amended (Act). 
This spider is currently known from four mostly small populations 
located in western North Carolina and eastern Tennessee. The spider's 
damp, high-elevation forest habitat is deteriorating rapidly due 
primarily to exotic insects and possibly past land use history, air 
pollution, and other factors not yet fully understood. The species' 
current low numbers also increase its vulnerability to harm from other 
threats. This final rule extends Federal protection under the Act to 
the spruce-fir moss spider.

EFFECTIVE DATE: March 8, 1995.

ADDRESSES: The complete file for this rule is available for inspection, 
by appointment, during normal business hours at the U.S. Fish and 
Wildlife Service Field Office, 330 Ridgefield Court, Asheville, North 
Carolina.

FOR FURTHER INFORMATION CONTACT: Mr. John Fridell at the above address 
(704/665-1195, Ext. 225).

SUPPLEMENTARY INFORMATION:

Background

    The spruce-fir moss spider was originally described by Crosby and 
Bishop (1925) based on collections made from a mountain peak in western 
North Carolina in 1923 (Coyle 1981). Only a few specimens were taken, 
and little was known about the species until its rediscovery 
approximately 50 years later by Dr. Frederick Coyle (Western Carolina 
University, Cullowhee, North Carolina) and Dr. William Shear (Hampden-
Sydney College, Hampden-Sydney, Virginia) (Coyle 1981). Microhexura 
montivaga is one of only two species belonging to the genus Microhexura 
in the family Dipluridae (Coyle 1981; Harp 1991, 1992). The other 
species in the genus, M. idahoana, occurs only in the Pacific Northwest 
(Coyle 1981). Diplurids belong in the primitive suborder Mygalomorphae, 
which are often popularly referred to as ``tarantulas'' (Harp 1991, 
1992). The genus Microhexura is the northernmost representative of the 
family Dipluridae and is also one of the smallest of the mygalomorph 
spiders, with adults measuring only 2.5 to 3.8 millimeters (0.10 to 
0.15 inch) (Coyle 1981). Coloration of M. montivaga ranges from light 
brown to a darker reddish brown, and there are no markings on the 
abdomen (Harp 1992). The carapace is generally yellowish brown (Harp 
1992). The most reliable field identification characteristics for the 
spruce-fir moss spider are chelicerae that project forward well beyond 
the anterior edge of the carapace (Harp 1992; Coyle, personal 
communication 1994), a pair of very long posterior spinnerets, and the 
presence of a second pair of book lungs, which appear as light patches 
posterior to the genital furrow (Harp 1992).
    The typical habitat of the spruce-fir moss spider is found in damp 
but well-drained moss (and liverwort) mats growing on rocks or 
boulders, in well-shaded situations in the mature, high-elevation 
Fraser fir (Abies fraseri) and red spruce (Picea rubens) forests (Coyle 
1981, Harp 1992). The forest stands at the sites where the species has 
been observed are composed primarily of Fraser fir with only scattered 
spruce being present. The moss mats found to contain the spider have 
all been found under fir trees (Harp, personal communication, 1994; 
Coyle, personal communication, 1994). The moss mats cannot be too dry 
(the species is very sensitive to desiccation) or too wet (large drops 
of water can also pose a threat to the spider) (Harp 1992). The spider 
constructs its tube-shaped webs in the interface between the moss mat 
and rock surface (Coyle 1981, Harp 1992), though occasionally the web 
extends into the interior of the moss mat (Harp 1992). The tubes are 
thin-walled and typically broad and flatten with short side branches 
(Coyle 1981, Harp 1992). There is no record of prey having been found 
in the webs of the spruce-fir moss spider nor has the species been 
observed taking prey in the wild, but the abundant springtails 
(collembolans) in the moss mats provide the most likely 
[[Page 6969]] source of food for the spider (Coyle 1981, Harp 1992).
    Males of the species mature during September and October, and 
females are known to lay eggs in June. The egg sac is thin-walled and 
nearly transparent, and it may contain seven to nine eggs. The female 
remains with the egg sac and, if disturbed, will carry the egg sac with 
her fangs. Spiderlings emerge in September (Coyle 1981). The means of 
dispersal of the spiderlings from the parental moss mat is not known. 
``Ballooning,'' a process by which the spiders use a sheet of silk 
played out into the wind to carry them into the air, has been suggested 
as a possible means of long-range dispersal (Harp 1992), but the 
species' high sensitivity to desiccation would likely preclude this 
dispersal method (Harp, personal communication, 1994). The life span of 
the species is also unknown, but Coyle (1981) estimated that it may 
take 3 years for the species to reach maturity.

Previous Federal Activity

    From 1989 through 1992, status surveys were conducted for the 
spruce-fir moss spider (Harp 1991, 1992). Based on the results of these 
surveys, the spider is presently known to exist at only four 
locations--three sites in North Carolina and one in Tennessee. Of the 
four remaining populations, only one appears to be relatively stable. 
This population is located along the Avery/Caldwell County line in 
North Carolina. The other two populations in North Carolina are located 
in Swain County. Both of the Swain County populations are extremely 
small with only one spruce-fir moss spider having been found at each of 
these two sites in recent years (Harp 1991, 1992). The forests at the 
two Swain County sites are rapidly declining. The Tennessee population 
is located in Sevier County. This population was considered healthy in 
1989 but is currently believed to be declining in numbers and is 
endangered by habitat loss/alteration (Harp 1992). The high-elevation 
spruce-fir forests throughout much of the species' historic range are 
being decimated by the balsam wooly adelgid (Adelges piceae)--an exotic 
insect pest--and possibly by air pollution (acid precipitation) and 
other factors not yet fully understood. The death and thinning of the 
forest canopy results in locally drastic changes in microclimate 
including increased temperatures and decreased moisture leading to 
desiccation of the moss mats on which the spruce-fir moss spider, and 
possibly its prey base, depend for survival.
    In absence of status information, the spruce-fir moss spider was 
not included in the Service's notice of review for animal candidates 
that was published in the Federal Register of November 21, 1991 (56 FR 
58804). However, subsequent surveys of both historic and potential 
habitat of the species indicate that the spruce-fir moss spider is 
undergoing a rapid decline in distribution. Presently only one 
relatively stable population is known to survive and, while currently 
considered to be healthy, this population is threatened by the same 
factors that are believed to have resulted in the extirpation and/or 
decline of the species elsewhere within its historic range. 
Accordingly, on August 30, 1993, the Service approved the spruce-fir 
moss spider as a category 1 candidate. Category 1 represents those 
species for which the Service has enough substantial information on 
biological vulnerability and threats to support proposals to list them 
as endangered or threatened species.
    The Service has met and been in contact with various Federal and 
State agency personnel and private individuals knowledgeable about the 
species concerning the species' status and the need for the protection 
provided by the Act. On December 31, 1992, the Service notified 
appropriate Federal, State, and local government agencies, landowners, 
and individuals knowledgeable about this or similar species, in 
writing, that a status review was being conducted and that the species 
might be proposed for Federal listing. A total of 10 written comments 
were received. The National Park Service, the North Carolina Division 
of Parks and Recreation, and three private individuals (including the 
owner of the site containing the Avery/Caldwell County, North Carolina, 
population) expressed strong support for the potential listing of the 
spruce-fir moss spider as an endangered species. The U.S. Soil 
Conservation Service, Tennessee Wildlife Resources Agency, Tennessee 
Department of Environment and Conservation, Tennessee Valley Authority, 
and the North Carolina Department of Agriculture stated that they had 
no new or additional information on the species or threats to its 
continued existence. No negative comments were received.
    On January 27, 1994, the Service published in the Federal Register 
(59 FR 3825) a proposal to list the spruce-fir moss spider as an 
endangered species. That proposal provided information on the species' 
biology, status, and threats to its continued existence.

Summary of Comments and Recommendations

    In the January 27, 1994, spruce-fir moss spider proposed rule and 
associated notifications, all interested parties were requested to 
submit factual reports or information that might contribute to 
development of a final rule. Appropriate Federal and State agencies, 
county governments, scientific organizations, individuals knowledgeable 
about the species or its habitat, and other interested parties were 
contacted and requested to comment. A legal notice, which invited 
general public comment, was published in the following newspapers: the 
``Avery Journal,'' Newland, North Carolina, February 10, 1994; the 
``Lenoir News-Topic,'' Lenoir, North Carolina, February 10, 1994; the 
``Watauga Democrat,'' Boone, North Carolina, February 16, 1994; the 
``Smoky Mountains Times,'' Bryson City, North Carolina, February 10, 
1994; and the ``Mountain Press,'' Sevierville, Tennessee, February 11, 
1994.
    All written comments received during the comment period are covered 
in the following discussion.
    Ten written responses to the proposed rule were received. The 
National Park Service, North Carolina Wildlife Resources Commission, 
North Carolina Division of Parks and Recreation, and three private 
individuals expressed strong support for the listing of the spruce-fir 
moss spider as endangered. One of these responses received from a 
private individual identified errors in the proposed rule concerning 
the size range of spruce-fir moss spider, and the likely age at which 
sexual maturity is reached by the species. Another of these respondents 
provided additional information concerning the status of the species. 
The Service has incorporated these corrections and additional 
information into this final rule.
    Two responses were received from the Tennessee Valley Authority 
(TVA) and one from the U.S. Soil Conservation Service (SCS) that 
expressed neither support nor opposition to the listing. A response 
from the TVA, Regional Natural Heritage Project, and the response from 
the SCS stated they had no additional information concerning the 
spruce-fir moss spider. A response received from the TVA Land 
Management, while stating that they did not oppose listing of the 
spider, expressed concern about the lack of peer reviewed information 
presented in the proposed rule (concerning the spruce-fir moss spider 
and role of atmospheric pollution as factor in decline of its habitat), 
stating that the proposal relied [[Page 6970]] mainly on two 
unpublished, unreviewed project reports by Harp (1991, 1992). They also 
stated that they felt that the habitat of the spruce-fir moss spider 
described in the proposed rule was too general; identified errors in 
the citation of the Krahl-Urban et al. (1988) document cited in the 
``Summary of Factors Affecting the Species,'' factor A, of the proposed 
rule; and provided additional information concerning the decline of the 
spruce-fir forest in the Southeast.
    In enacting the Endangered Species Act, Congress required the 
Service to list species as endangered or threatened based on the best 
scientific and commercial information available. The Service has 
carefully assessed the best available information in determining to 
propose and list the spruce-fir moss spider as endangered. This 
included a review of literature, State and Federal data bases, and 
museum records; intensive surveys of historic and potential habitat; 
correspondence with other Federal, State, and private agencies, 
companies, and individuals knowledgeable about the species; and all 
relevant comments received throughout the review process. Although all 
of these information sources have been considered, most of the data for 
the species is contained in Coyle (1981), and in the status survey 
reports by Harp (1991 and 1992). The Service considers both of these 
investigators as highly reliable sources. The only other paper that 
provides any detail concerning the species, of which the Service is 
aware, that was not referenced in the proposed rule is a paper on the 
mating behavior of the spruce-fir moss spider (Coyle 1985).
    Despite the fact that the status survey reports by Harp are not 
published documents, the information on the spider contained in these 
reports has been reviewed by numerous individuals. As part of the 
listing process for this species, the Service notified affected 
Federal, State, and local government agencies, landowners, and 
individuals knowledgeable about this or similar species and requested 
their review of the findings presented in Harp's status survey reports 
and any additional information that they may have on the species, its 
status, or threats to its continued existence. As stated above, no 
negative comments in response to the notification of status review were 
received and all respondents expressed support of the information 
presented in the notification, support of Federal listing of the 
species, and/or stated that they had no additional information on the 
species. In addition, the proposed rule to list the spruce-fir moss 
spider was widely distributed and reviewed. The majority of the 
responses support the findings presented in the proposed rule. No 
factual or substantive information was received that indicates that the 
information concerning the species, its habitat, its biology, its past 
and present distribution, and decline and status of its populations and 
threats as presented in the proposed rule is incorrect, with the 
exception of those items identified above (size, age at sexual 
maturity, and the Krahl-Urban et al. (1988) document citation). 
Accordingly, the Service believes that sufficient information is 
currently available and has been presented that clearly shows that the 
species has undergone a drastic decline throughout its range, that the 
species' remaining habitat is significantly threatened, and that the 
species is in danger of extinction.
    The Service does concur that a detailed characterization of the 
spruce-fir moss spider's habitat, threats to its habitat, and 
additional information concerning the species biology will be necessary 
in order to properly manage and implement protection and recovery 
measures. These, as well as other research needs and activities 
necessary to ensure the long-term survival of the species, will be 
addressed by the Service in the development and implementation of a 
recovery plan for the spruce-fir moss spider and through other means 
(see ``Available Conservation Measures'' below). The Service has 
corrected the reference to the Krahl-Urban et al. (1988) document, 
changed the citation to the relevant chapter author (R. I. Bruck), and 
incorporated additional information concerning the sites where the 
species has been found and factors believed to be contributing to the 
decline of the spruce-fir forest ecosystem in the Southeast into this 
final rule, as requested by the TVA. The Service has also added 
additional citations to this final rule to support statements 
concerning possible factors contributing to the decline of spruce-fir 
forests associated with populations of the spruce-fir moss spider.
    One comment opposing the proposal to list the spruce-fir moss 
spider was received. This individual stated that ``The scientific 
community, and the Service in particular, need to recognize that 
extinction has always been a continuing process and will continue to be 
so.'' The Service agrees that extinction can be a natural process. 
Extinction occurs naturally as species respond by evolving into new 
species, or are unable to respond (become extinct) to a changing 
environment. However, virtually all of the historical extinctions that 
have been documented are attributable either directly or indirectly to 
human induced environmental changes (Greenway 1967; Frankel and Soule 
1981; Soule 1983), changes that are too new (changes that most species 
have not evolved the ability to cope with; i.e., exotic pests, 
pollutants, etc.), too rapid, and too destructive to allow the species 
the chance to respond. A species being eliminated by processes such as 
the human related introductions of exotic pests, applications of 
poisonous chemicals, forest clearing, etc., is far different than a 
species being unable to adapt to a naturally changing environment. 
Further, the Act requires the Service to list species that are in 
danger of going extinct without regard as to what factor may be 
inducing extinction.
    This same respondent also inquired whether there is documentation 
that pollution is a contributing factor to the loss of forest cover. 
The Service recognizes that the possible role of atmospheric pollution 
in the decline of the high elevation spruce in spruce-fir forest 
ecosystem in the southern Appalachians is a controversial and highly 
complex topic. However, several studies have been conducted and are 
currently ongoing to address this issue and, while opinions vary and 
much more research is needed, there is field and laboratory data 
available that indicates that atmospheric pollution in combination with 
other stress factors has played a role in the deterioration of the 
health of high elevation red spruce in the southern Appalachians 
(Johnson et al., 1992).

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that the spruce-fir moss spider 
should be classified as an endangered species. Procedures found at 
section 4(a)(1) of the Act and regulations implementing the listing 
provisions of the Act (50 CFR part 424) were followed. 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 spruce-fir moss spider are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. The spruce-fir moss spider is 
known to be endemic only to high-elevation spruce-fir forests of 
western North Carolina and eastern Tennessee. Historically, the 
[[Page 6971]] species has been reported from four sites in North 
Carolina and one in Tennessee. In North Carolina the species has been 
recorded from two sites in Swain County, one in Yancey County, and one 
in Avery/Caldwell Counties (Coyle 1981, Harp 1992). In Tennessee, the 
species is known from only one site in Sevier County (Coyle 1981).
    During 1989 and through 1992, both historic and potential habitat 
of the species was surveyed (Harp 1991, 1992). No new populations of 
the spruce-fir moss spider were discovered and of the five previously 
recorded populations, only one--the Avery and Caldwell County, North 
Carolina, population--appears to be stable (Harp 1992).
    The Yancey County, North Carolina, population appears to have been 
extirpated, and only one individual could be found at each of the two 
sites in Swain County, North Carolina (Harp 1992). The population in 
Sevier County, Tennessee, was surveyed in 1989 and was considered to be 
relatively healthy at that time (Harp 1991). However, revisits to this 
site in 1992 found that the population level is declining, apparently 
in conjunction with a rapid decline of Fraser fir occurring at the site 
and associated desiccation of moss-mat habitat (Harp 1992). Recent 
monitoring of this population indicates that it will likely be 
extirpated within the next 1 to 2 years (Harp, personal communication 
1994).
    The spruce-fir moss spider is very sensitive to desiccation and 
requires situations of high and constant humidity (Coyle 1981; Harp 
1991, 1992). Loss of forest canopy (primarily the Fraser fir, the 
dominant canopy species in the forest stands where the spider has been 
found) leading to increased light and decreased moisture on the forest 
floor (resulting in desiccation of the moss mats) appears to be the 
major cause for the loss and decline of the spruce-fir moss spider at 
all four of these sites and the major threat to the species' continued 
existence. In a 1991 letter to Mr. Keith Langdon (National Park 
Service, Great Smoky Mountains National Park), Dr. Frederick Coyle 
(Western Carolina University) indicated that the spruce-fir moss spider 
was common at one of the sites in Swain County, North Carolina, as late 
as 1983 but was extremely rare by 1988. In his letter to Mr. Langdon, 
Dr. Coyle stated that many of the moss mats at this site had become dry 
and loose, which he suspected was due largely to deterioration of the 
forest canopy at the site.
    Fraser fir at all four of these sites from which the spider has 
been recorded (the Swain and Yancey County sites in North Carolina and 
the Sevier County, Tennessee, site) have suffered extensive mortality, 
believed to be primarily due to infestation by the balsam wooly adelgid 
(J. Harp, Oak Ridge National Laboratory, personal communication, 1993), 
a non-native insect pest believed to have been introduced into the 
United States, around 1900, from Europe (Kotinsky 1916; Eagar 1984). 
The adelgid was first detected in North Carolina on Mount Mitchell in 
1957 (Speers 1958), though it was likely established at that site as 
early as 1940, and from Mount Mitchell it spread to the Fraser fir 
communities throughout the southern Appalachians (Eagar 1984). Most 
mature Fraser fir are easily killed by the adelgid (Amman and Speers 
1965) with death occurring within 2 to 7 years of the initial 
infestation (Eagar 1984).
    While the loss of the Fraser fir appears to be the most significant 
threat to the remaining spruce-fir moss spider populations, the 
combined effects of several other factors are also believed to be 
stressing and contributing to the decline of the high elevation spruce-
fir forest stands. Bruck (1988) estimated that trees 45 through 85 
years of age at the summit of Mount Mitchell, (the site in Yancey 
County, North Carolina, where the species is now believed to be 
extirpated) showed an average defoliation of 75 to 90 percent and that 
all the trees exhibited some form of growth reduction. He hypothesized 
that atmospheric pollution was a possible factor in the decline. 
Regional scale air pollution in combination with other stress factors 
is believed to have played a significant role in the deterioration of 
the health of high elevation red spruce in the east (Johnson et al. 
1992). Site deterioration due to past land use history (past logging 
and burning practices in southern Appalachians) and winter injury have 
also been identified as possible contributing factors (Peart et al. 
1992). The death and thinning of the canopy trees within these stands 
also cause the remaining trees to be more susceptible to wind and other 
storm damage, which has become a major concern at the Sevier County, 
Tennessee, site (J. Harp, personal communication 1992).
    The spruce-fir forest at the site harboring the Avery/Caldwell 
County, North Carolina, population of the spruce-fir moss spider has 
not experienced the degree of decline that has occurred (and is 
occurring) at the other sites known to support (or to have supported) 
populations of the spider. However, the same factors that are believed 
to have resulted in the decline of the spruce-fir forest and the 
associated loss of suitable moss-mat habitat at these other sites 
threaten this population and its habitat at this site as well.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. The spruce-fir moss spider is not currently known 
to be commercially valuable; however, because of its extreme rarity and 
uniqueness, it is conceivable that it could be sought by collectors. It 
is one of only two members of the genus Microhexura, it is the only 
representative of the primitive family Dipluridae in eastern North 
America and is one of the smallest of the world's ``tarantulas.'' While 
collecting or other intentional take is not presently identified as a 
factor contributing to the species' decline, the low numbers, slow 
reproductive rate, and extremely restricted range of the spruce-fir 
moss spider make it unlikely that the species could withstand even 
moderate collecting pressure.
    C. Disease or predation. It is presently unknown whether disease or 
predation have played a role in the decline of the spruce-fir moss 
spider. Further research is needed in this area. While predation is not 
thought to be a significant threat to a healthy population of the 
spruce-fir moss spider, it could limit the recovery of the species or 
contribute to the local extirpation of populations already depleted by 
other factors. Possible predators of the spruce-fir moss spider include 
pseudoscorpions, centipedes, and other spiders (Harp 1992).
    D. The inadequacy of existing regulatory mechanisms. Neither the 
State of North Carolina nor the State of Tennessee include arachnids on 
their lists of endangered and threatened species; therefore, the 
species is unprotected in both States. Federal listing will provide 
protection for the spruce-fir moss spider throughout its range by 
requiring Federal permits to take the species and by requiring Federal 
agencies to consult with the Service when activities they fund, 
authorize, or carry out may affect the species.
    E. Other natural or manmade factors affecting its continued 
existence. Only one of the four remaining populations of this species 
appears stable. The other three surviving populations are extremely 
small and all four populations are geographically isolated from one 
another. Therefore, the long-term genetic viability of these 
populations is in doubt. Also, the restricted range of each of the 
surviving populations makes them extremely vulnerable to extirpation 
from a single event or activity, such as a severe storm, 
[[Page 6972]] fire, land-clearing or timbering operation, pesticide/
herbicide application, etc. Because they are isolated from one another 
natural repopulation of an extirpated population would be unlikely 
without human intervention.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by this species in determining to make this rule 
final. The species has been greatly reduced in numbers throughout the 
majority of its historic range and presently is known to occur at only 
four locations. At two of these locations, only lone individuals--one 
at each location--have been observed in recent years; at a third 
location the species has undergone a rapid decline in numbers and is 
endangered by further habitat degradation/alteration. Only one of the 
remaining populations appears to be stable at this time, and it is 
threatened by many of the same factors that are believed to have 
resulted in the extirpation or decline of the other historically known 
populations. Due to the species' history of population loss and decline 
and the extreme vulnerability of the surviving populations, threatened 
status does not appear appropriate for this species. Critical habitat 
is not being proposed for this species at this time for the reasons 
discussed below.

Critical Habitat

    Section 4(a)(3) of the Act requires that, to the maximum extent 
prudent and determinable, the Secretary designates critical habitat at 
the time the species is determined to be endangered or threatened. The 
Service's regulations (50 CFR 424.12(a)(1)) state that designation of 
critical habitat is not prudent when one or both of the following 
situations exist: (1) The species is threatened by taking or other 
activity and the identification of critical habitat can be expected to 
increase the degree of threat to the species or (2) such designation of 
critical habitat would not be beneficial to the species. The Service 
finds that designation of critical habitat is not prudent for this 
species. Such a determination would result in no known benefit to the 
spruce-fir moss spider, and designation of critical habitat could 
further threaten the species.
    Section 7 of the Act requires that Federal agencies insure that 
their actions are not likely to jeopardize the continued existence of 
listed species, or result in the destruction or adverse modification of 
critical habitat. (See ``Available Conservation Measures'' section for 
a further discussion of section 7.) As part of the development of this 
rule, Federal and State agencies were notified of the spruce-fir moss 
spiders' general distribution, and they were requested to provide data 
on proposed Federal actions that might adversely affect the species. No 
specific projects were identified. Should any future projects be 
proposed in areas inhabited by the spruce-fir moss spider, the involved 
Federal agency will already have the general distribution data needed 
to determine if the species may be impacted by their action. If needed, 
more specific distribution information would be provided.
    Three of the four surviving populations of the spruce-fir moss 
spider are considered to be extremely small, and suitable habitat at 
each of the four sites still supporting the species is very limited. 
Thus, any Federal action with the potential to result in significant 
adverse modification or destruction of the species' habitat would also 
likely jeopardize its continued existence, thereby triggering both the 
destruction or adverse modification of critical habitat standard and 
the jeopardy standard. Therefore, no additional protection for the 
spruce-fir moss spider would accrue from critical habitat designation 
that would not also accrue from listing the species. Consequently, when 
listed, habitat protection for the spruce-fir moss spider will be 
accomplished through the section 7 jeopardy standard and section 9 
prohibitions against take.
    In addition, the spruce-fir moss spider is very rare and unique, 
and taking for scientific purposes and private collection could pose a 
threat if specific site information were released. The publication of 
critical habitat maps in the Federal Register, local newspapers, and 
other publicity accompanying critical habitat designation could 
increase the collection threat. The locations of populations of these 
species have consequently been described only in general terms in this 
proposed rule. Any existing precise locality data would be available to 
appropriate Federal, State, and local government agencies from the 
Service office described in the ADDRESSES section; from the Service's 
Raleigh Field Office, P.O. Box 33726, Raleigh, North Carolina 27636-
3726; the Service's Cookeville Field Office, 446 Neal Street, 
Cookeville, Tennessee 38501; and from the North Carolina Wildlife 
Resources Agency, North Carolina Natural Heritage Program, Tennessee 
Wildlife Resources Agency, and Tennessee Department of Conservation.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing encourages and results in 
conservation actions by Federal, State, and private agencies, groups, 
and individuals. The 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 taking and harm are discussed, in 
part, below.
    Section 7(a) of the Act 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)(2) requires Federal agencies to ensure that activities 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of a listed species or to 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. The Service has 
notified Federal agencies that may have programs that affect the 
species. Federal activities that occur and impact the species include, 
but are not limited to, the carrying out or issuance of permits for 
construction, recreation or development actions that could result in 
the loss or thinning of the high-elevation forest canopy, and pesticide 
or herbicide applications for the control of noxious insects or weeds. 
It has been the experience of the Service, however, that nearly all 
section 7 consultations can be resolved so that the species is 
protected and the project objectives met.
    Section 9 of the Act and implementing regulations found at 50 CFR 
17.21 set forth a series of general 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 (includes harass, harm, pursue, hunt, shoot, wound, kill, trap, 
or collect; or to attempt any of these), import or export, ship in 
interstate commerce in the course of a commercial activity, or sell or 
offer for sale in interstate or foreign commerce any listed species. It 
also is [[Page 6973]] 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 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.
    It is the policy of the Service, published in the Federal Register 
on July 1, 1994 (59 FR 34272), to identify to the maximum extent 
practicable at the time of listing those activities that would 
constitute a violation of Section 9 of the Act. The intent of this 
policy is to increase public awareness of the listing on proposed and 
on-going activities within a species' range. Activities that could 
potentially result in ``take'' of the spruce-fir moss spider include, 
but are not limited to, unauthorized collecting or handling of the 
spider, unauthorized pesticide applications within the occupied habitat 
of the spider, or intentional or unauthorized destruction of the 
species' habitat (e.g., burning or forest clearing within the occupied 
range of the species; trampling or other disturbance of the moss mats 
within which the species occurs, etc.).
    Questions regarding whether specific activities will constitute a 
violation of section 9 should be directed to the Field Supervisor of 
the Service's Asheville Office (see ADDRESSES section). Requests for 
copies of the regulations regarding listed wildlife and inquiries about 
prohibitions and permits should be addressed to the U.S. Fish and 
Wildlife Service, Southeast Regional Office, Ecological Services, 
Division of Endangered Species, 1875 Century Boulevard, Atlanta, 
Georgia 30345-3301 (Telephone 404/679-7099; Facsimile 404/679-7081).

National Environmental Policy Act

    The Fish and Wildlife Service has determined that Environmental 
Assessments and Environmental Impact Statements, 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

Amman, G. D. and C. F. Speers. 1965. Balsam wooly aphid in the 
southern Appalachians. Journ. For. 63:18-20.
Bruck, R. I. 1988. Research site: Mount Mitchell (southern 
Appalachians). Decline of the red spruce and Fraser fir. IN: B. 
Krahl-Urban, H. E. Papke, K. Peters, and C. Shimanski (eds.). Forest 
Decline. U.S. Environmental Protection Agency and German Ministry of 
Research and Technology. 137 pp.
Coyle, F. A. 1981. The mygalomorph genus Microhexura (Araneae, 
Dipluridae). Bull. Amer. Mus. Nat. Hist. 170:64-75.
Coyle, F. A., 1985. Observations on the mating behavior of the tiny 
mygalomorph spider, Microhexura montivaga Crosby & Bishop (Araneae, 
Dipluridae). Bull. Brit. Arach. Soc. 6(8):328-330.
Crosby, C. R., and S. C. Bishop. 1925. Two new spiders from the Blue 
Ridge Mountains of North Carolina (Araneina). Ent. News. 36:142-146, 
Figs. 1 and 2.
Eagar, C. 1984. Review of the biology and ecology of the balsam 
woolly aphid in southern Appalachian spruce-fir forests. IN: P. S. 
White (ed.), The southern Appalachian spruce-fir ecosystem: its 
biology and threats. Research/Resources Management Report SER-71. 
U.S. Dept. of Interior, National Park Service.
Frankel, O. H., and M. E. Soule. 1981 Conservation and evolution. 
Cambridge University Press, Cambridge, England.
Greenway, J. C., Jr. 1967. Extinction and vanishing birds of the 
world. Dover Publications, New York.
Harp, J. M. 1991. Status of the spruce-fir moss spider, Microhexura 
montivaga Crosby and Bishop, in the Great Smoky Mountains National 
Park. Unpubl. report to the National Park Service, U.S. Department 
of the Interior. 12 pp. plus appendix.
Harp, J. M. 1992. A status survey of the spruce-fir moss spider, 
Microhexura montivaga Crosby and Bishop (Araneae, Dipluridae). 
Unpubl. report to the North Carolina Wildlife Resources Commission, 
Nongame and Endangered Wildlife Program, and the U.S. Fish and 
Wildlife Service, Asheville, North Carolina. 30 pp.
Johnson, A. H., S. B. McLaughlin, M. B. Adams, E. R. Cook, D. H. 
DeHayes, C. Eagar, I. J. Fernandez, D. W. Johnson, R. J. Kohut, V. 
A. Mohnen, N. S. Nicholas, D. R. Peart, G. A. Shier, and P. S. 
White. 1992. Synthesis and conclusions from epidemiological and 
mechanistic studies of red spruce decline. IN: C. Eagar and M. B. 
Adams (eds.) Ecology and decline of red spruce in the eastern United 
States. Springer-Verlag, New York.
Kotinsky, J. 1916. The European fir trunk louse, Chermes (Dreyfusia) 
piceae (Ratz.). Ent. Proc. Soc. Washington 18:14-16.
Peart, D. R., N. S. Nicholas, S. M. Zedaker, M. Miller-Weeks, and T. 
G. Siccama. 1992. Condition and recent trends in high-elevation red 
spruce populations. IN: C. Eagar and M. B. Adams (eds.) Ecology and 
decline of red spruce in the eastern United States. Springer-Verlag, 
New York.
Speers, C. F. 1958. The balsam woolly aphid infestation on cambial 
activity in Abies grandis. Amer. Jour. Bot. 54:1215-1223.

Author

    The primary author of this proposed rule is John A. Fridell, U.S. 
Fish and Wildlife Service, Asheville Field Office, 330 Ridgefield 
Court, Asheville, North Carolina 28806 (704/665-1195, Ext. 225).

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

    Accordingly, part 17, subchapter B of chapter I, title 50 of the 
Code of Federal Regulations, is amended as set forth below:

PART 17--[AMENDED]

    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. Section 17.11(h) is amended by adding the following, in 
alphabetical order under ARACHNIDS, to the List of Endangered and 
Threatened Wildlife, to read as follows:


Sec. 17.11 Endangered and threatened wildlife.

* * * * *
    (h) * * * 

                                                                                                                
[[Page 6974]]                                                                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                          Species                                                          Vertebrate                                                   
-----------------------------------------------------------                                population                                                   
                                                                                             where                                Critical     Special  
                                                                   Historic range          endangered    Status    When listed    habitat       rules   
         Common name                 Scientific name                                           or                                                       
                                                                                           threatened                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
          Arachnids                                                                                                                                     
                                                                                                                                                        
                                                                                                                                                        
                    *                  *                  *                  *                  *                  *                                    
Spider, spruce-fir moss.....  Microhexura montivaga.......  U.S.A. (NC and TN)..........           NA  E                   576           NA           NA
                                                                                                                                                        
                                                                                                                                                        
                    *                  *                  *                  *                  *                  *                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: December 12, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-2836 Filed 2-3-95; 8:45 am]
BILLING CODE 4310-55-P