[Federal Register Volume 63, Number 174 (Wednesday, September 9, 1998)]
[Proposed Rules]
[Pages 48166-48167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24120]


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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 Robust Blind Salamander, Widemouth Blindcat, and 
Toothless Blindcat

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding.

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SUMMARY: The Fish and Wildlife Service (Service) announces a 90-day 
finding for a petition to list the robust blind salamander (Typhlomolge 
robusta), widemouth blindcat (Satan eurystomus), and toothless blindcat 
(Trogloglanis pattersoni) under the Endangered Species Act of 1973, as 
amended. The Service finds that the petition did not present 
substantial information indicating that listing these species may be 
warranted. The Service will continue to maintain files on these species 
and is interested in receiving additional information on their status.

DATES: The finding announced in this document was made on August 21, 
1998.

ADDRESSES: Send information, comments, or questions concerning this 
petition to the Field Supervisor, U.S. Fish and Wildlife Service, 
Ecological Services Field Office, 10711 Burnet Road, Suite 200, Austin, 
Texas 78758. The petition finding, supporting information, and comments 
will be available for public inspection, by appointment, during normal 
business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Lisa O'Donnell, Biologist, at the 
above address or telephone 512/490-0057.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Endangered Species Act of 1973, as 
amended (16 U.S.C. 1531 et seq.)(Act), 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. To the maximum 
extent practicable, this finding is to be made within 90 days of the 
date the petition was received, and the finding is to be published 
promptly in the Federal Register. If the finding is that substantial 
information was presented, the Service is also required to promptly 
commence a status review of the species, if one has not already been 
initiated under the Service's internal candidate assessment process.
    On August 21, 1995, the Service received a petition to list the 
robust blind salamander, widemouth blindcat, and toothless blindcat as 
endangered. The petition, dated August 15, 1995, was submitted by Dr. 
Walter R. Courtney, on behalf of the American Society of Ichthyologists 
and Herpetologists. However, because the Service's listing program was 
unfunded from October 1, 1995, through April 26, 1996, the Service was 
precluded from making a timely 90-day finding on this petition.
    As a result of the severe funding restraints for the Service's 
listing program in 1995 and 1996, the Service accumulated a substantial 
backlog of listing actions, including petition findings. In order to 
prioritize the order in which the Service would process this backlog of 
listing actions, the Service issued listing priority guidance for 
Fiscal Year 1996 (May 16, 1996; 61 FR 24722). That listing priority 
system placed petition findings in Tier 3, behind emergency listings 
(Tier 1), and final action on pending proposals (Tier 2). The Service 
issued listing priority guidance for Fiscal Year 1997 on December 5, 
1996 (61 FR 64475) and extended it on October 23, 1997 (62 FR 55268). 
That guidance also placed petition findings in Tier 3. Under the 
listing priority systems for Fiscal Years 1996 and 1997, the Service's 
Southwest Region, assigned lead responsibility for listing actions in 
Texas, only recently began processing Tier 3 actions.
    The Service is now operating under its Fiscal Years 1998 and 1999 
listing priority guidance (May 8, 1998; 63 FR 25502). Under this 
guidance, processing of petition findings was placed in Tier 2. The 
Service's Southwest Region is now processing Tier 2 actions under this 
current guidance.
    The petition states that the three species are faced with habitat 
loss due to declining water quality and quantity in the Edwards aquifer 
and inadequacy of existing regulatory mechanisms and should be added to 
the list of Threatened and Endangered Wildlife. The Service has 
reviewed the petition and other available information and finds that 
there is not substantial information to indicate that listing the 
robust blind salamander, widemouth blindcat, and toothless blindcat may 
be warranted.
    The Service has been assessing these species since their 
designation as category 2 candidates in 1982 (47 FR 58454). Category 2 
candidates, were defined as taxa for which the Service had information 
indicating that protection under the Act may be warranted but for which 
it lacked sufficient information on status and threats to support 
listing proposals. On February 28, 1996, the Service discontinued the 
designation of multiple categories of candidates (61 FR 7596), and only 
those taxa for which the Service has sufficient information to support 
issuance of listing proposals are now considered candidates (formerly 
category 1).
    Although the Service concurs that many Edwards aquifer species face 
threats from increased groundwater withdrawals and groundwater 
contamination, uncertainties still exist regarding the taxonomic 
validity and distribution of the robust blind salamander and the 
distributions of and extent of threats to the toothless blindcat and 
widemouth blindcat. The petition presented no information to resolve 
these uncertainties. Therefore, the Service believes that the petition 
did not present substantial information indicating that listing may be 
warranted.
    The sole remaining specimen of the robust blind salamander was 
obtained in 1951 from a well in the dry bed of the Blanco River 
northeast of San Marcos, Hays County, Texas (Russell 1976, Potter and 
Sweet 1981). No individuals have been observed since then, and the type 
locality was later filled with gravel and silt. The specimen, a mature 
female measuring 5.7 centimeters in length, was designated as the 
holotype. Based on morphological differences between this individual 
and the Texas blind salamander (Typhlomolge rathbuni), which it most 
closely resembles, the robust blind salamander was described as a 
distinct species (Potter and Sweet 1981). Primary differences from the 
Texas blind salamander include a longer, more robust body and slightly 
shorter, stouter limbs. However, because the description of the robust 
blind salamander was based solely on the morphological characteristics 
of a single specimen (Russell 1976; Potter and Sweet 1981), because the 
type locality of the robust blind salamander is close to the known 
range of the Texas blind salamander, and because the appearance of the 
robust blind salamander is similar to that of the Texas blind 
salamander, the Service believes that additional research is warranted 
to verify whether

[[Page 48167]]

or not the robust blind salamander is specifically distinct from the 
Texas blind salamander. Furthermore, since no salamanders resembling 
the description of the robust blind salamander have been observed since 
1951, the current existence and distribution of this form, if valid, is 
unknown.
    Both the toothless blindcat and the widemouth blindcat are 
recognized as distinct species and occur in the deep portions of the 
Edwards aquifer (over 300 meters below the surface) in Bexar County, 
Texas. A status report was prepared for both species in 1979 (Longley 
and Karnei 1979), which recommended additional sampling of artesian 
wells in Medina, Uvalde, and Kinney counties to determine the 
blindcats' ranges. This information is not updated in the petition, and 
the Service is unaware of any attempts to conduct further sampling 
efforts. Although the petition states that both blindcats have 
experienced population declines, no data were provided for the Service 
to evaluate. The petition also cites dewatering, intrusion from the 
saline water zone, direct mortality due to pumping from the aquifer, as 
well as contamination from human activities over the aquifer as 
threats, but provides no supporting documentation. Information 
regarding the distribution of the blindcats and documentation and 
assessment of threats to these species are needed.
    As additional data become available, the Service will reassess the 
need for listing the robust blind salamander, widemouth blindcat, and 
toothless blindcat. Thus, the Service would appreciate any additional 
data, information, or comments from the public, government agencies, 
the scientific community, industry, or any other interested party 
concerning the status of these species. In particular, the Service 
needs additional information to determine (1) the taxonomic status of 
the robust blind salamander, whether or not it still exists, and, if it 
still exists, the extent of its distribution; (2) the distribution of 
the toothless and widemouth blindcats; and, (3) the threats to these 
species.

References Cited

Longley, G. and H. Karnei. 1979. Status of Trogloglanis pattersoni 
Eigenmann, the toothless blindcat, and status of Satan eurystomus 
Hubbs and Bailey, the widemouth blindcat. Endangered Species Report, 
U.S. Fish and Wildlife Service, Albuquerque, NM.
Potter, F.E. and S.S. Sweet. 1981. Generic boundaries in Texas cave 
salamanders, and a redescription of Typhlomolge robusta (Amphibia: 
Plethodontidae). Copeia 1:64-75.
Russell, W.H. 1976. Distribution of troglobitic salamanders in the 
San Marcos area, Hays County, Texas. Unpubl. Report 7601, Texas 
Association for Biological Investigations of Troglobitic Eurycea. 
University of Texas Station, Austin, TX. 35 pp.

    Author. The primary author of this document is Lisa O'Donnell, 
Austin Ecological Services Field Office (see ADDRESSES section).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: August 21, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-24120 Filed 9-8-98; 8:45 am]
BILLING CODE 4310-55-P