[Federal Register Volume 62, Number 140 (Tuesday, July 22, 1997)]
[Proposed Rules]
[Pages 39210-39211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19203]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; 90-Day Finding for 
a Petition To List the Stone Mountain Fairy Shrimp as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding and initiation of status 
review.

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SUMMARY: The Fish and Wildlife Service (Service) announces a 90-day 
finding for a petition to list the Stone Mountain fairy shrimp 
(Branchinella lithaca) under the Endangered Species Act of 1973, as 
amended. The Service finds that the petition presents substantial 
information indicating that listing this species may be warranted. A 
status review is initiated.

DATES: The finding announced in this document was made on July 11, 
1997. To be considered in the 12-month finding for this petition, 
information and comments should be submitted to the Service by 
September 22, 1997.

ADDRESSES: Questions, comments, data, or information concerning this 
petition should be sent to the U.S. Fish and Wildlife Service, 6620 
Southpoint Drive South, Suite 310, Jacksonville, Florida 32216. The 
petition finding, supporting data, and comments are available for 
public inspection, by appointment, during normal business hours at the 
above address.

FOR FURTHER INFORMATION CONTACT: Mr. John F. Milio (see ADDRESSES 
section); telephone (904) 232-2580, ext. 112.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as 
amended (16 U.S.C. 1531 et seq.), requires that the Service make a 
finding on whether a petition to list, delist, or reclassify a species 
presents substantial scientific or commercial information to 
demonstrate that the petitioned action may be warranted. This finding 
is to be based on all information available to the Service at the time 
the finding is made. To the maximum extent practicable, the finding 
shall be made within 90 days following receipt of the petition and 
promptly published in the Federal Register. Following a positive 
finding, section 4(b)(3)(B) of the Act requires the Service to promptly 
commence a status review of the species.
    The processing of this petition conforms with the Service's final 
listing priority guidance published in the Federal Register on December 
5, 1996 (61 FR 64475). The guidance clarifies the order in which the 
Service will continue to process the backlog of rulemakings during 
fiscal year 1997 following two related events: (1) The lifting, on 
April 26, 1996, of the moratorium on final listings imposed on April 
10, 1995 (Public Law 104-6), and (2) the restoration of significant 
funding for listing through passage of the omnibus budget 
reconciliation law on April 26, 1996, following severe funding 
constraints imposed by a number of continuing resolutions between 
November 1995 and April 1996. The guidance calls for giving highest 
priority to handling emergency situations (tier 1), second highest 
priority (tier 2) to resolving the listing status of the outstanding 
proposed listings, and third priority (tier 3) to resolving the 
conservation status of candidate species and processing administrative 
findings on petitions. The processing of this petition falls under tier 
3. At this time, the Southeast Region has no pending tier 1 actions and 
pending tier 2 actions are near completion. Additionally, the guidance 
states that ``effective April 1, 1997, the Service will concurrently 
undertake all of the activities presently included in Tiers 1, 2, and 
3'' (61 FR 64480).
    The Service has made a 90-day finding on a petition to list the 
Stone Mountain fairy shrimp, Branchinella lithaca. The petition, dated 
March 29, 1995, was submitted by Mr. Larry Winslett, President of the 
``Friends of Georgia,'' Lithonia, Georgia, and was received by the 
Service on March 31, 1995. It requests the Service to emergency list 
the Stone Mountain fairy shrimp as endangered and designate critical 
habitat under 5 U.S.C. 553 of the Administrative Procedures Act. The 
petition identifies construction and demolition associated with further 
development at the summit of Stone Mountain Park as the immediate 
threats to the species' continued existence. It includes as potential 
impacts the contamination of the shrimp's vernal (temporary) pool 
habitat by chemicals and physical debris, and crushing of its resting 
stages by vehicles.
    The Stone Mountain fairy shrimp is one of four species of 
Branchinella known from North America, where they are among the least 
common fairy shrimp species (Belk and Sissom 1992). Fairy shrimp are 
small Anostracan crustaceans usually restricted to fishless ponds, 
particularly vernal pools. Their life cycle includes both active and 
resting stages which are synchronized with the seasonal filling and 
drying out

[[Page 39211]]

of their habitat (Dodson and Frey 1991). The known range of the Stone 
Mountain fairy shrimp is restricted to rock pools near the summit of 
State-owned Stone Mountain, a large granitic dome in DeKalb County 
located in north-central Georgia, east of Atlanta (Creaser 1940, Pennak 
1953).
    The development project cited by the petitioner began in 1995, with 
completion expected in spring or summer 1997 (Alice Richards, Stone 
Mountain Memorial Association, pers. comm. 1997). Responding to the 
petition and a Service letter of concern, the Stone Mountain Memorial 
Association, manager of Stone Mountain Park, outlined the additional 
specific measures being taken to protect and conserve the affected 
environment (G.C. Branscome, Stone Mountain Memorial Association, in 
litt. 1995). These measures included use of spill kits and containment 
booms, preparation of maps and guidelines to address environmental 
issues, such as avoidance of sensitive areas, and dedication of Park 
personnel to monitor and report on environmental and work site 
conditions as well as contractor adherence to environmental 
specifications.
    The Service has reviewed the petition, its accompanying literature, 
and other literature and information in the Service's files. On the 
basis of the best scientific and commercial information available, the 
Service finds that the petition presents substantial information that 
listing the Stone Mountain fairy shrimp may be warranted. This finding 
is based on range surveys which suggest that the species is restricted 
to a single locality, and the potential adverse impacts to the species 
and its habitat from documented actions such as the parking of 
construction equipment in a vernal pool and the infiltration of 
construction-related debris into fairy shrimp habitat. The last 
documented collection of the species was in 1951. The petitioner 
believes he observed the Stone Mountain fairy shrimp at the type 
locality in 1994. Cursory samples taken at Stone Mountain in 1995 and 
1996 did not contain fairy shrimp, but did produce clam shrimp 
(Eulimnadia sp.). The Service feels that a regular survey involving 
collection of water and sediment samples at various sites is needed to 
accurately determine the species' status.
    The petitioner's requests for emergency listing and concurrent 
designation of critical habitat are not subject to the Act's petition 
provisions. However, in accordance with the Service's listing priority 
guidance published in the Federal Register on December 5, 1996 (61 FR 
64475) the Service has conducted a preliminary review of this petition 
in order to determine whether an emergency situation currently exists. 
Our preliminary review indicated that an emergency listing of the Stone 
Mountain fairy shrimp is not necessary. The designation of critical 
habitat, petitionable under the Administrative Procedures Act, will be 
considered if it is determined that listing is warranted.

References Cited

Belk, D., and S.L. Sissom. 1992. New Branchinella (Anostraca) from 
Texas, U.S.A., and the problem of antennalike processes. Journal of 
Crustacean Biology 12(2):312-316.
Creaser, E.P. 1940. A new species of phyllopod crustacean from Stone 
Mountain, Georgia. Journal of the Washington Academy of Sciences 
30:435-437.
Dodson, S.I., and D.G. Frey. 1991. Cladocera and other Branchiopoda. 
Pp. 723-780 in: J.H. Thorp and A.P. Covich, eds. Ecology and 
Classification of North American Freshwater Invertebrates. Academic 
Press, New York.
    Pennak, R.W. 1953. Fresh-water invertebrates of the United States. 
The Ronald Press Company, New York. 769 pp.

    Author: The primary author of this document is Mr. John F. Milio, 
Jacksonville Field Office (see ADDRESSES section).

    Authority: The authority for this action is the Endangered 
Species Act (16 U.S.C. 1531 et seq.).

    Dated: July 11, 1997.
Jay L. Gerst,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-19203 Filed 7-21-97; 8:45 am]
BILLING CODE 4310-55-P