[Federal Register Volume 67, Number 166 (Tuesday, August 27, 2002)]
[Proposed Rules]
[Pages 55064-55099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21477]



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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Designation of Critical 
Habitat for Nine Bexar County, Texas, Invertebrate Species; Proposed 
Rule

  Federal Register / Vol. 67, No. 166 / Tuesday, August 27, 2002 / 
Proposed Rules  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AI47


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for Nine Bexar County, Texas, Invertebrate Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose 
designation of critical habitat for nine endangered karst-dwelling 
invertebrate species pursuant to the Endangered Species Act of 1973, as 
amended (Act). The proposed critical habitat consists of 25 units (a 
total of approximately 9,516 acres) in Bexar County, Texas, each 
encompassing one or more caves or other karst features known to contain 
one or more of the listed species. ``Karst'' is a type of terrain that 
is formed by the slow dissolution of calcium carbonate from limestone 
bedrock by mildly acidic groundwater. This process creates numerous 
cave openings, cracks, fissures, fractures, and sinkholes and the 
bedrock resembles a honeycomb (USFWS 1994). Critical habitat identifies 
areas that are essential to the conservation of a listed species and 
that may require special management considerations or protection.
    If this proposal is made final, section 7 of the Act requires 
Federal agencies to ensure that actions they fund, authorize, or carry 
out do not destroy or adversely modify critical habitat to the extent 
that the action appreciably diminishes the value of the critical 
habitat for the conservation of the species. Section 4 of the Act 
requires us to consider economic and other impacts of specifying any 
particular area as critical habitat. We solicit data and comments from 
the public on all aspects of this proposal, including data on economic 
and other impacts of the designation.

DATES: We will accept comments until the close of business on November 
25, 2002. Public hearing requests must be received by October 11, 2002.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by the date given above to the 
Acting Field Supervisor, Austin Ecological Services Field Office, U.S. 
Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 
78758.
    You may also hand-deliver written comments to our U.S. Fish and 
Wildlife Service's Austin Ecological Services Field Office at the 
address given above.
    You may view comments and materials received, as well as supporting 
documentation used in the preparation of this proposed rule, by 
appointment, during normal business hours in the U.S. Fish and Wildlife 
Service's Austin Ecological Services Field Office at the above address.

FOR FURTHER INFORMATION CONTACT: Bill Seawell, Acting Field Supervisor, 
U.S. Fish and Wildlife Service, Austin Ecological Services Field 
Office, at the above address (telephone: 512/490-0057; facsimile: 512/
490-0974).

SUPPLEMENTARY INFORMATION:

Background

    The following nine Bexar County, Texas, invertebrate species were 
listed as endangered on December 26, 2000 (65 FR 81419): Rhadine exilis 
(ground beetle, no common name); Rhadine infernalis (ground beetle, no 
common name); Batrisodes venyivi (Helotes mold beetle); Texella 
cokendolpheri (Cokendolpher cave harvestman); Cicurina baronia (Robber 
Baron Cave meshweaver); Cicurina madla (Madla Cave meshweaver); 
Cicurina venii (Braken Bat Cave meshweaver); Cicurina vespera 
(Government Canyon Bat Cave meshweaver); and Neoleptoneta microps 
(Government Canyon Bat Cave spider). All of these species are karst 
dwelling species of local distribution in north and northwest Bexar 
County. They spend their entire lives underground.
    During the course of climatic changes two million to ten thousand 
years ago, certain creatures retreated into the more stable cave 
environments, while their respective surface relatives either emigrated 
or became extinct (Barr 1968; Mitchell and Reddell 1971; Elliott and 
Reddell 1989). Cave species (troglobites) survived and colonized the 
caves and other subterranean voids. Through faulting and canyon 
downcutting, the karst terrain along the Balcones Fault Zone became 
increasingly dissected, creating ``islands'' of karst and barriers to 
dispersal. These ``islands'' isolated troglobitic populations from each 
other, probably resulting in speciation.
    Individuals of the listed species are small, ranging in length from 
1 millimeter (0.039 inch (in)) to 1 centimeter (0.39 in). They are 
eyeless or essentially eyeless and most lack pigment. Adaptations to 
cave life may include adaptations to the low quantities of food in 
caves, including low metabolism, long legs for efficient movement, and 
loss of eyes, possibly as an energy-saving trade-off (Howarth 1983). 
They may be able to survive from months to years existing on little or 
no food (Howarth 1983). Adult Cicurina spiders have survived in 
captivity without food for about 4 months (James Cokendolpher, pers. 
comm., 2002).
    While the life span of listed Texas troglobitic invertebrates is 
unknown, they are believed to live more than a year based, in part, on 
the amount of time some juveniles have been kept in captivity without 
maturing (Veni and Associates 1999; James Reddell, Texas Memorial 
Museum, pers. comm., 2000). James Cokendolpher (pers. comm., 2002) 
maintained a juvenile troglobitic Cicurina spider from May 1999 through 
April 2002. Reproductive rates of troglobites are typically low 
(Poulson and White 1969; Howarth 1983). Based on surveys conducted by 
Culver (1986), Elliott (1994a), and Hopper (2000), population sizes of 
troglobitic invertebrates are typically low, with most species known 
from only a few specimens (Culver et al. 2000).
    The primary habitat requirements of these species include: (1) 
Subterranean spaces in karst with stable temperatures, high humidities 
(near saturation) and suitable substrates (for example, spaces between 
and underneath rocks suitable for foraging and sheltering), and (2) a 
healthy surface community of native plants and animals that provide 
nutrient input and, in the case of native plants, act to buffer the 
karst ecosystem from adverse effects (for example, non-native species 
invasions, contaminants, and fluctuations in temperature and humidity).
    Since sunlight is absent or only present in extremely low levels in 
caves, most karst ecosystems depend on nutrients derived from the 
surface either directly (organic material brought in by animals, washed 
in, or deposited through root masses) or indirectly through feces, eggs 
and carcasses of trogloxenes (species that regularly inhabit caves for 
refuge, but return to the surface to feed) and troglophiles (species 
that may complete their life cycle in the cave, but may also be found 
on the surface) (Barr 1968; Poulson and White 1969; Howarth 1983; 
Culver 1986). Primary sources of nutrients include leaf litter, cave 
crickets, small mammals and other vertebrates that defecate or die in 
the cave.
    The continuing expansion of the San Antonio metropolitan area in 
karst terrain constitutes the primary threat to the species through 
destruction and/or deterioration of habitat by construction; filling of 
caves and karst features and loss of permeable cover; contamination

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from septic effluent, sewer leaks, run-off, pesticides, and other 
sources; exotic species (especially nonnative fire ants); and 
vandalism.

Subsurface Environment

    These karst invertebrates require stable temperatures and constant, 
high humidity (Barr 1968; Mitchell 1971a) because they have lost the 
adaptations needed to prevent desiccation in drier habitat (Howarth 
1983) and/or the ability to detect or cope with more extreme 
temperatures (Mitchell 1971). Temperatures in caves are typically the 
average annual surface temperature with little variation (Howarth 1983; 
Dunlap 1995). Relative humidity is typically near 100% in caves that 
support troglobitic invertebrates (Elliott and Reddell 1989).
    During temperature extremes, the listed species may retreat into 
small interstitial spaces (human-inaccessible) connected to the cave, 
where the physical environment provides the required humidity and 
temperature levels (Howarth 1983). These species may spend the majority 
of their time in such retreats, only leaving them to forage in the 
larger cave passages (Howarth 1987).
    The northern portion of Bexar County is located on the Edwards 
Plateau, a broad, flat expanse of Cretaceous carbonate rock that ranges 
in elevation from 335.5 meters (m) (1,100 feet (ft)) to 579.5 m (1,900 
ft) (Veni 1988; Soil Conservation Service 1962). This portion of the 
Plateau is dissected by numerous small streams and is drained by Cibolo 
Creek and Balcones Creek. To the southeast of the Plateau lies the 
Balcones Fault Zone, a 25-km-wide fault zone that extends from the 
northeast corner of the County to the western County line. The many 
streams and karst features of this zone recharge the Edwards Aquifer.
    The principal cave-containing rock units of the Edwards Plateau are 
the upper Glen Rose Formation, Edwards Limestone, Austin Chalk, and 
Pecan Gap Chalk (Veni 1988). The Edwards Limestone accounts for one-
third of the cavernous rock in Bexar County, and contains 60% of the 
caves, making it the most cavernous unit in the County. The Austin 
Chalk outcrop is second to the Edwards in total number of caves. In 
Bexar County, the outcrop of the upper member of the Glen Rose 
Formation accounts for approximately one-third of the cavernous rock, 
but only 12.5% of Bexar County caves (Veni 1988). In Bexar County, the 
Pecan Gap Chalk, while generally not cavernous, has a greater than 
expected density of caves and passages (Veni 1988).
    Veni (1994) delineated six karst areas (hereafter referred to as 
karst fauna regions) within Bexar County: Stone Oak, UTSA (University 
of Texas at San Antonio), Helotes, Government Canyon, Culebra 
Anticline, and Alamo Heights. These karst fauna regions are bounded by 
geological or geographical features that may represent obstructions to 
the movement (on a geologic time scale) of troglobites which has 
resulted in the present-day distribution of endemic (restricted to a 
given region) karst invertebrates in the Bexar County area.
    These areas have been delineated by Veni (1994) into five zones 
that reflect the likelihood of finding a karst feature that will 
provide habitat for the endangered invertebrates based on geology, 
distribution of known caves, distribution of cave fauna, and primary 
factors that determine the presence, size, shape, and extent of caves 
with respect to cave development. These five zones are defined as:
    Zone 1: Areas known to contain one or more of the nine endangered 
karst invertebrates;
    Zone 2: Areas having a high probability of suitable habitat for the 
invertebrates;
    Zone 3: Areas that probably do not contain the invertebrates;
    Zone 4: Areas that require further research but are generally 
equivalent to zone 3, although they may include sections that could be 
classified as zone 2 or zone 5; and
    Zone 5: Areas that do not contain the invertebrates.

Endangered Karst Invertebrate Distribution

    By 2000, about 400 caves were known from Bexar County (SWCA 2000). 
Of these 400 caves, 57 were known to contain one or more of the nine 
endangered invertebrates at the time the species were listed. 
Currently, we are aware of 69 caves in Bexar County that contain one or 
more of the listed species (Table 1).

Rhadine exilis (Ground beetle--No Common Name)

    The ground beetle Rhadine exilis (Coleoptera: Carabidae) was first 
collected in 1959. The species was described by Barr and Lawrence 
(1960) as Agonum exile and later assigned to the genus Rhadine Barr 
(1974). The species is currently known from 44 caves: 3 in the 
Government Canyon karst fauna region; 5 in the Helotes karst fauna 
region; 9 in the UTSA karst fauna region; and 27 in the Stone Oak karst 
fauna region (Table 1).

Rhadine infernalis (Ground Beetle--No Common Name)

    Rhadine infernalis (Coleoptera: Carabidae) was first collected in 
1959. The species was initially described by Barr and Lawrence (1960) 
as Agonum infernale, but later assigned to the genus Rhadine (Barr 
1974). Scientists have recognized three subspecies (Rhadine infernalis 
ewersi, Rhadine infernalis infernalis, Rhadine infernalis ssp.) (Barr 
1974; Barr and Lawrence 1960; Reddell 1998).

                         Table 1.--Caves Known To Contain One or More of the Nine Listed Bexar County, Texas Karst Invertebrates
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                  Species ( of caves)                               Cave name                               Karst fauna region
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Rhadine exilis (44)............................................  40 mm Cave.......................  Stone Oak.
                                                                 B-52 Cave.
                                                                 Backhole.
                                                                 Black Cat Cave.
                                                                 Boneyard Pit.
                                                                 Bunny Hole.
                                                                 Cross the Creek Cave.
                                                                 Dos Viboras Cave.
                                                                 Eagle's Nest Cave.
                                                                 Hairy Tooth Cave.
                                                                 Headquarters Cave.
                                                                 Hilger Hole.
                                                                 Hold-Me-Back Cave.
                                                                 Hornet's Last Laugh Pit.

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                                                                 Isocow Cave.
                                                                 Kick Start Cave.
                                                                 MARS Pit.
                                                                 MARS Shaft.
                                                                 Pain in the Glass Cave.
                                                                 Platypus Pit.
                                                                 Poor Boy Baculum Cave.
                                                                 Ragin' Cajun Cave.
                                                                 Root Canal Cave.
                                                                 Root Toupee Cave.
                                                                 Springtail Crevice.
                                                                 Strange Little Cave.
                                                                 Up the Creek Cave.
                                                                 Christmas Cave...................  Helotes.
                                                                 Helotes Blowhole.
                                                                 Helotes Hilltop Cave.
                                                                 Logan's Cave.
                                                                 Unnamed cave \1/2\ mile N. of
                                                                  Helotes.
                                                                 Government Canyon Bat Cave.......  Government Canyon.
                                                                 San Antonio Ranch Pit.
                                                                 Tight Cave.
                                                                 Hills and Dales Pit..............  UTSA.
                                                                 John Wagner Ranch Cave No. 3.
                                                                 Kamikazi Cricket Cave.
                                                                 La Cantera Cave No. 1.
                                                                 La Cantera Cave No. 2.
                                                                 Mastodon Pit.
                                                                 Robber's Cave.
                                                                 Three Fingers Cave.
                                                                 Young Cave No. 1.
R. infernalis (6) (subspecies not indicated)...................  Canyon Ranch Pit.................  Government Canyon.
                                                                 Fat Man's Nightmare Cave.
                                                                 Scenic Overlook Cave.
                                                                 Pig Cave.
                                                                 San Antonio Ranch Pit.
                                                                 Obvious Little Cave..............  Culebra Anticline.
R. infernalis ewersi (3).......................................  Flying Buzzworm Cave.............  Stone Oak.
                                                                 Headquarters Cave.
                                                                 Low Priority Cave.
R. infernalis new subspecies (6)...............................  Caracol Creek Coon Cave..........  Culebra Anticline.
                                                                 Game Pasture Cave No. 1.
                                                                 Isopit.
                                                                 King Toad Cave.
                                                                 Stevens Ranch Trash Hole Cave.
                                                                 Wurzbach Bat Cave.
R. infernalis infernalis (16)..................................  Bone Pile Cave...................  Government Canyon.
                                                                 Government Canyon Bat Cave.
                                                                 Lithic Ridge Cave.
                                                                 Surprise Sink.
                                                                 Christmas Cave...................  Helotes.
                                                                 Helotes Blowhole.
                                                                 Logan's Cave.
                                                                 Madla's Cave.
                                                                 Madla's Drop Cave.
                                                                 Genesis Cave.....................  Stone Oak.
                                                                 John Wagner Ranch Cave No. 3.....  UTSA.
                                                                 Kamikazi Cricket Cave.
                                                                 Mattke Cave.
                                                                 Robber's Cave.
                                                                 Scorpion Cave.
                                                                 Three Fingers Cave.
Batrisodes venyivi (6).........................................  Scenic Overlook Cave.............  Government Canyon.
                                                                 San Antonio Ranch Pit.
                                                                 Christmas Cave...................  Helotes.
                                                                 Unnamed cave \1/2\ mile N of
                                                                  Helotes.
                                                                 Helotes Hilltop Cave.
                                                                 Unnamed cave 5 miles NE of         UTSA.
                                                                  Helotes.
Texella cokendolpheri (1)......................................  Robber Baron Cave................  Alamo Heights.
C. baronia (1).................................................  Robber Baron Cave................  Alamo Heights.
Cicurina madla (8).............................................  Christmas Cave...................  Helotes.
                                                                 Madla's Cave.

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                                                                 Madla's Drop Cave.
                                                                 Helotes Blowhole.
                                                                 Headquarters Cave................  Stone Oak.
                                                                 Hills and Dales Pit..............  UTSA.
                                                                 Robber's Cave.
                                                                 Lost Pothole.....................  Government Canyon.
C. venii (1)...................................................  Braken Bat Cave..................  Culebra Anticline.
C. vespera (2).................................................  Government Canyon Bat Cave.......  Government Canyon.
                                                                 Unnamed cave 5 miles NE of         UTSA.
                                                                  Helotes.
Neoleptoneta microps (2).......................................  Government Canyon Bat Cave.......  Government Canyon.
                                                                 Surprise Sink.
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    Rhadine infernalis ewersi is known from three caves in the Stone 
Oak karst fauna region. Rhadine infernalis infernalis is known from 16 
caves: one in the Stone Oak karst fauna region, four in the Government 
Canyon karst fauna region, five in the Helotes karst fauna region, and 
six in the UTSA karst fauna region. The unnamed subspecies is known 
from six caves in the Culebra Anticline karst fauna region. We are also 
aware of six additional caves that contain Rhadine infernalis (not 
identified to subspecies): one in the Culebra Anticline karst fauna 
region and five in the Government Canyon karst fauna region.

Helotes Mold Beetle

    The Helotes mold beetle, Batrisodes venyivi (Coleoptera: 
Pselaphidae), was first collected in 1984 and described by Chandler 
(1992). The species is currently known from six caves: three in the 
Helotes karst fauna region, two in the Government Canyon karst fauna 
region, and one in the UTSA karst fauna region (Table 1). The location 
of one of the caves located in the Helotes karst fauna region referred 
to as ``unnamed cave \1/2\ mile north of Helotes'' is unknown. It is an 
original record from Barr's (1974) description of Rhadine exilis. Due 
to the number of caves in the general area, the location of this cave 
cannot be positively identified (George Veni, George Veni & Associates, 
pers. comm. 2002). The location of the cave in the UTSA karst fauna 
region referred to as a cave ``5 miles NE of Helotes'' is also unknown, 
but based on its descriptive name, is assumed to be within the UTSA 
karst fauna region. It is possible that this cave may not be a separate 
location, but may be an existing cave listed by the collector under the 
alternative name ``5 miles NE of Helotes''.
    The common names for the following six arachnid species have been 
changed as a result of a meeting of the Committee on Common Names of 
Arachnids of the American Arachnological Society in 2000. Accordingly, 
the common names of the species currently in the list of Endangered and 
Threatened Wildlife (50 CFR 17.11) as: Robber Baron Cave harvestman, 
Robber Baron cave spider, Madla's cave spider, vesper cave spider, 
Government Canyon cave spider, and one with no common name (Cicurina 
venii), have been changed to: Cokendolpher cave harvestman, Robber 
Baron Cave meshweaver, Madla Cave meshweaver, Government Canyon Bat 
Cave meshweaver, Government Canyon Bat Cave spider, and Braken Bat Cave 
meshweaver, respectively.

Cokendolpher Cave Harvestman

    The Cokendolpher cave harvestman, Texella cokendolpheri 
(Opilionida: Phalangodidae), was collected in 1982 and described by 
Ubick and Briggs (1992). Currently, this species, along with the Robber 
Baron Cave meshweaver, is only known from Robber Baron Cave (Table 1).

Robber Baron Cave Meshweaver

    The Robber Baron Cave meshweaver, Cicurina baronia (Araneae: 
Dictynidae), was first collected in Robber Baron Cave in the Alamo 
Heights karst fauna region February 28, 1969, by R. Bartholomew 
(Reddell 1993) and described by Gertsch (1992). The Robber Baron Cave 
meshweaver (a spider) is only known from Robber Baron Cave in the Alamo 
Heights karst fauna region (Table 1).

Madla Cave Meshweaver

    The Madla Cave meshweaver, Cicurina madla (Araneae: Dictynidae), 
was first collected in October 4, 1963, by J. Reddell and D. McKenzie 
(Reddell 1993) and described by Gertsch (1992). The Madla Cave 
meshweaver is currently known from eight caves: one in the Stone Oak 
karst fauna region; one in the Government Canyon karst fauna region; 
two in the UTSA karst fauna region; and four in the Helotes karst fauna 
region (Table 1).
    The Service is aware of eleven additional caves from which 
immature, eyeless troglobitic Cicurina spiders have been collected 
(SWCA 2001). Eight of these are in caves that have other listed species 
and are either included in proposed critical habitat areas or areas 
proposed for exclusion due to the provision of special management. The 
remaining three are in caves where authorization for take of C. madla 
was granted to La Cantera under a section 10(a)(1)(B) permit.

Braken Bat Cave Meshweaver

    The Braken Bat Cave meshweaver, Cicurina venii (Araneae: 
Dictynidae), was first collected on November 22, 1980, by G. Veni and 
described by Gertsch (1992). Braken Bat Cave in the Culebra Anticline 
karst fauna region remains the only location known to contain this 
species (Table 1).

Government Canyon Bat Cave Meshweaver

    The Government Canyon Bat Cave meshweaver, Cicurina vespera 
(Araneae: Dictynidae), was first collected on August 11, 1965, by J. 
Reddell and J. Fish (Reddell 1993), and described by Gertsch (1992). 
The species is currently known from Government Canyon Bat Cave in the 
Government Canyon karst fauna region and an unnamed cave referred to as 
``5 miles northeast of Helotes'' (Table 1). However, the specimen 
collected from the latter cave has been tentatively identified as a new 
species (Cokendolpher, in press).

Government Canyon Bat Cave Spider

    The Government Canyon Bat Cave spider, Neoleptoneta microps 
(Araneae: Leptonetidae), was first collected on August 11, 1965, by J. 
Reddell and J. Fish (Reddell 1993). The species was originally 
described by Gertsch (1974) as Leptoneta microps and later

[[Page 55068]]

reassigned to Neoleptoneta following Brignoli (1977) and Platnick 
(1986). The species is known from two caves in the Government Canyon 
karst fauna region (Table 1).

Animal Community

Cave Crickets
    Cave crickets are a critical source of nutrient input for karst 
ecosystems (Barr 1968; Reddell 1993). Cave crickets in the genus 
Ceuthophilus occur in most caves in Texas (Reddell 1966). Being 
sensitive to temperature extremes and drying, cave crickets forage on 
the surface at night and roost in the cave during the day. Cave 
crickets lay their eggs in the cave, providing food for a variety of 
other species (Mitchell 1971b). Some cave species also feed on cave 
cricket feces (Barr 1968; Poulson et al. 1995) as well as on adults and 
nymphs directly (Cokendolpher, in press; Elliott 1994a). Cave crickets 
are scavengers or detritivores, feeding on dead insects, carrion and 
some fruits, but not on foliage (Elliott 1994a).
    Based on analysis of cave cricket data collected at Lakeline Cave 
in northwest Travis County, Texas by William Elliott and Peter Sprouse 
from 1993 to 1999, cave cricket numbers in Lakeline Cave underwent a 
major decline following the construction of Lakeline Mall. Under a 
section 10(a)(1)(B) permit, 0.9 ha (2.3 ac) of land was left 
undeveloped around the cave, and effects of the development were 
monitored. Protected areas were established around Temples of Thor, Red 
Crevice Cave, and Testudo Tube. During the monitoring period, the 
undeveloped area around Lakeline Cave comprised about 3.2 ha (8 ac) of 
woodland and grassland surrounded by roads and parking lots. The 
protected areas around Temples of Thor Cave and Testudo Tube Cave are 
42.5 and 10.5 ha, respectively (105 and 26 ac), and one surrounded by 
additional undeveloped land. We analyzed cave cricket numbers from data 
collected from 1993 to 1999 at Lakeline Cave, Temples of Thor, and 
Testudo Tube. The analysis indicated that cave cricket numbers in 
Lakeline Cave declined while numbers at the other two caves remained 
stable. Cave cricket numbers at Lakeline Cave declined and were 
significantly correlated with time (r\2\ = 0.3872) whereas cricket 
numbers from Temples of Thor and Testudo Tube, which are in larger 
preserves (105 and 26 acres respectively, although the surrounding 
undeveloped area made the effective area larger) remained stable (r\2\ 
= 0.0007 and 0.0018 respectively). These results are consistent with 
reports of declines and extinctions of several invertebrates and small 
mammals (due to lower survivorship, higher emigration, and/or lower 
immigration) from habitat patches ranging in size from 2 to 7 ha (5-17 
ac) (Mader 1984; Tscharntke 1992; Keith et al. 1993; Lindenmayer and 
Possingham 1995; Hill et al. 1996).
    Elliott (1994a) stated that cave crickets generally forage within 
50 m (164 ft) of caves and other karst features, but have been found up 
to 60 m (197 ft) away. He also stated that cave crickets may use small, 
unnoticeable passages from the cave to the surface in addition to the 
main cave entrance.
    Cave cricket populations may have a metapopulation (an assemblage 
of local populations, called subpopulations, that interact via the 
dispersal of individuals from one subpopulation to others) or a source-
sink population structure and, therefore, it may be important to 
protect multiple karst features that support cave crickets in a karst 
ecosystem. ``Source'' populations are those that generate a flow of 
migrants to other habitat patches. Population ``sinks'' are patches 
where losses of individuals are not replaced by reproduction alone, but 
rely on continued immigration from source populations (Ehrlich and 
Ehrlich 1996). Metapopulation dynamics require movement among patches, 
and persistence requires interacting patches that undergo local 
extinctions and establishment of new subpopulations in areas previously 
devoid of individuals (Hanski 1999).
    Most information on the population structure of cave cricket 
species is from studies in the eastern United States and in Europe. 
Allegrucci et al. (1997) found that a cave cricket (Dolichopoda 
schiavazzii) endemic to Tuscany, Italy, had a metapopulation structure. 
They found that populations of cave crickets from two caves 20 km (12 
mi) apart but connected by moist woodlands had 54 migrants per 
generation and probably exchanged individuals.
    Cockley et al. (1977) studied a cave cricket (Ceuthophilus 
gracilipes) in the eastern United States. This species is limited to 
humid, dark, and stable habitats and is found both in caves and in the 
forest under logs and loose bark. They found limited genetic 
differentiation of the cave crickets in caves over a 1000 km2 (386 
mile2) area and suggested that ``the forest populations may serve as 
genetic bridges'' between caves.
    Caccone and Sbordoni (1987) studied nine species of North American 
cave crickets from sites in North Carolina, Ohio, Pennsylvania, 
Tennessee, Virginia, West Virginia, Kentucky, and Alabama. Seven of the 
species were obligate cave-dwelling species that emerged at night to 
feed. Through genetic analyses of the cave-dwelling species, they found 
that species or groups of populations inhabiting areas where the 
limestone is continuous and highly fissured are genetically less 
differentiated than are populations occurring in regions where the 
limestone distribution is more fragmented. This suggests that cave-
dwelling species occurring within continuous limestone blocks migrate 
through the subsurface environment.
    Helf et al. (1995) suggested that populations of an eastern species 
of cave cricket (Hadenoecus subterraneus) may be at risk because they 
do not recover quickly after events such as drought, floods, and 
temperature extremes that preclude or diminish foraging opportunities. 
These cave cricket populations may have source-sink population 
dynamics, with some karst features acting as sources and the majority 
of karst features acting as sinks, but Helf et al. (1995) recommend 
that even sink populations should be protected because their emigrants 
can ``rescue'' source populations that experience local decimation. 
These studies suggest that it is important to protect geologically 
connected caves and maintain vegetated corridors between caves.
Other Surface Animals
    Many central Texas caves with endangered invertebrate species are 
frequented by mammals and several species of reptiles and amphibians 
(Reddell 1967). Although there are no studies establishing the role of 
mammals in central Texas cave ecology, the presence of a large amount 
of mammal related materials (scat, nesting materials, and dead bodies) 
indicates they are probably important. An important source of nutrients 
for the cave species may be the fungus, microbes, and/or other 
troglophiles and troglobites that grow or feed on feces (Elliott 1994b; 
Gounot 1994).
    For predatory troglobites, invertebrates that accidently occur in 
the cave, may be an important nutrient source (Hopper 2000). Documented 
accidental species include snails, earthworms, terrestrial isopods 
(commonly known as pillbugs or potato bugs), scorpions, spiders, mites, 
collembola (primitive wingless insects that are commonly known as 
springtails), thysanura (commonly known as bristletails and 
silverfish), harvestmen (commonly known as daddy-long-legs), ants, 
leafhoppers, thrips, beetles, weevils, moths, and flies (Reddell 1965; 
Reddell 1966; Reddell 1999).

[[Page 55069]]

Vegetation Community

    The vegetative community provides nutrient input to the karst 
ecosystem through plant debris washed in and possibly through roots; 
supports the animal communities that contribute nutrients to the karst 
ecosystem (such as cave crickets, small mammals, and other 
vertebrates); buffers the subsurface environment against drastic 
changes in the temperature and moisture regime; helps filter pollutants 
(Biological Advisory Team 1990; Veni & Associates 1988); and helps 
control certain exotics (such as fire ants) (Porter et al. 1988) that 
may compete with or prey upon the listed species and other karst fauna.
    Tree roots have been found to provide a major energy source in 
shallow lava tubes and limestone caves in Hawaii (Howarth 1981, cited 
in Howarth 1983). Jackson et al. (1999) investigated rooting depth in 
21 caves on the Edwards Plateau to assess the below ground vegetational 
community structure and the functional importance of roots. They 
observed roots penetrating up to 25 m (82 ft) into the interior of 
twenty of the caves, with roots of six tree species common to the 
plateau penetrating to below 5 m (16.4 ft). They speculated that the 
caves may provide water and nutrients for the trees.
    Along with providing nutrients to the karst ecosystem, directly and 
indirectly, a healthy vegetative community may also help control the 
spread of exotic species. The imported red fire ant (Solenopsis 
invicta) is an aggressive predator, which has had a devastating and 
long-lasting impact on native ant populations and other arthropod 
communities (Vinson and Sorenson 1986; Porter and Savignano 1990) and 
is a threat to the karst invertebrates (Elliott 1994b; USFWS 1994). 
Fire ants have been observed building nests both within and near cave 
entrances as well as foraging in caves, especially during the summer. 
Shallow caves inhabited by listed karst invertebrates makes them 
especially vulnerable to invasion by fire ants and other exotic 
species. Fire ants have been observed preying on several cave species 
(Elliott 1994b). Karst fauna that are most vulnerable to fire ant 
predation are the slower-moving adults, nymphs, and eggs (James 
Reddell, pers. comm., 1994). The presence of fire ants in and around 
karst areas could have a drastic detrimental effect on the karst 
ecosystem through loss of both surface and subsurface species that are 
critical links in the food chain.
    The invasion of fire ants is known to be aided by ``any disturbance 
that clears a site of heavy vegetation and disrupts the native ant 
community'' (Porter et al. 1988). Porter et al. (1991) state that 
control of fire ants in areas greater than 5 ha (12 ac) may be more 
effective than in smaller areas since multiple queen fire ant colonies 
reproduce primarily by ``budding,'' where queens and workers branch off 
from the main colony and form new sister colonies. Maintaining large, 
undisturbed areas of native vegetation may also help sustain the native 
ant communities (Porter et al. 1988; 1991).

Woodland-Grassland Community

    The woodland-grassland mosaic community typical of the Edwards 
Plateau is a patchy environment composed of many different plant 
species. To replicate natural processes, patchy environments require 
larger minimum areas for conservation than do more homogeneous 
environments (Lovejoy and Oren 1981). To maintain a viable vegetative 
community, including woodland and grassland species, a buffer area is 
needed to shield the core habitat from impacts associated with 
fragmentation, isolation, edge effects, and other factors.
    Enough individuals of each plant species must be present for 
successful reproduction over the long-term. Viable population size is 
influenced by needs for satisfactory germination (Menges 1995), genetic 
variation (Bazzaz 1983; Menges 1995; Young 1995) and pollinator 
effectiveness (Groom 1998; Jennersten 1995; Bigger 1999). Pavlik (1996) 
stated that long-lived, woody, self-fertilizing plants with high 
fecundity would be expected to have minimum viable population sizes in 
the range of 50-250 reproductive individuals. Fifty reproductive 
individuals is a reasonable minimum figure for one of the dominant 
species of the community (juniper) based on reproductive profiles for 
these species (Van Auken et al. 1979; Van Auken et al. 1980; Van Auken 
et al. 1981). This figure would likely be an underestimate for other 
woody species present in central Texas woodlands as subdominant and 
understory species, because they are more sensitive to environmental 
changes and do not meet several of the life history criteria needed for 
the lowest minimal viable population size. Although these species may 
require population sizes at the higher end of Pavlik's (1996) range 
(that is, nearer 250 individuals) to be viable, we do not have the data 
to support that contention. Therefore, we have considered a minimum 
viable population size for species composing a typical oak/juniper 
woodland found in central Texas, including both dominant, subdominant, 
and understory species, to be 80 individuals per species (Dr. Kathryn 
Kennedy, Center for Plant Conservation, pers. comm., 2002). This is a 
judgement based on the perception that this habitat type as a whole is 
fairly mature and the species are relatively long-lived and 
reproductively successful.
    Based on analysis of recorded densities for dominant and important 
woody species by Van Auken et al. (1979; 1980; 1981), we extrapolated 
the area needed to support 80 reproductive individuals for the 
dominant, subdominant, and other important woody species in the 
southern Edwards Plateau. We used observed density per unit area, 
corrected for non-reproductive individuals, then calculated the area 
needed to support 80 mature reproductive individuals per species. We 
found about a third of the ecologically important woody species typical 
of the Edwards Plateau needed core areas of approximately 32 ha (80 ac) 
to sustain self-reproducing populations of at least 80 mature 
individuals.
    Maintaining viable grasslands is challenging because many grass 
species use wind to disperse their seeds and these distances may be 
small. The process of expansion through rhizomes (underground stems) is 
slow and clonal, which reduces genetic variability. Primary recruitment 
of new individuals in grasslands is from seedling establishment. Seed 
dispersal, soil texture, and suitable soil moisture profiles at 
critical times are important factors for maintaining viability (Coffin 
et al. 1993).
    While grassland may be important to maintaining the karst 
community, we lack adequate information to factor this information into 
surface habitat patch size requirements. We believe maintaining the 32 
ha core areas will provide the native grasslands needed to support the 
diversity and nutrients needed for a viable karst ecosystem.
    The presence of water in the subsurface environment is important 
for maintaining the humid conditions, stable temperatures, and natural 
airflow in the cave. Since soil depth is shallow over the limestone 
plateau, water collects as sheet flow on the surface following rain and 
enters the subsurface environment through cave openings, fractures, and 
solutionally-enlarged bedding planes. This direct, rapid transport of 
water through the karst allows for little or no purification (USFWS 
1994), allowing contaminants and sediments to enter directly into the 
subsurface environment. As a result, karst features and karst dependent 
invertebrates are vulnerable to the

[[Page 55070]]

adverse effects of pollution from contaminated ground and surface 
water. Maintaining stable environmental conditions and protecting 
groundwater quality and quantity, requires managing surface habitat to 
avoid threats to the surface and subsurface drainage area of known 
occupied caves. This includes not only the humanly-accessible cave 
entrances but also sinks, depressions, fractures and fissures which may 
serve as subsurface conduits into the cave and to the interstitial 
spaces used by the invertebrates.

Buffer Areas

    Plant and animal communities are affected by ``edge effects'' or 
changes to the floral and faunal communities where different habitats 
meet. The length and width of the edge, as well as the contrast between 
the vegetational communities, all contribute to edge effects (Smith 
1990; Harris 1984). Edge effects include: increases in solar radiation, 
changes in soil moisture due to elevated levels of evapotranspiration, 
wind buffeting (Ranny et al. 1981), changes in nutrient cycling and the 
hydrological cycle (Saunders et al. 1990), and changes in the rate of 
leaf litter decomposition (Didham 1998). Edge effects alter the plant 
communities, which in turn impact the associated animal species. The 
changes caused by edge effects can occur rapidly. For example, 
vegetation 2 m (6.6 ft) from a newly created edge can be altered within 
days (Lovejoy et al. 1986).
    When plant species composition is altered due to edge effects, 
changes also occur in the surface animal communities (Lovejoy and Oren 
1981; Harris 1984; Mader 1984; Thompson 1985; Lovejoy et al. 1986; 
Yahner 1988; Fajer et al. 1989; Kindvall 1992; Tscharntke 1992; Keith 
et al. 1993; Hanski 1995; Lindenmayer and Possingham 1995; Bowers et 
al. 1996; Hill et al. 1996; Kozlov 1996; Kuussaari et al. 1996; Turner 
1996; Mankin and Warner 1997; Burke and Nol 1998; Didham 1998; Suarez 
et al. 1998; Crist and Ahern 1999; Kindvall 1999). These changes in 
plant and animal species composition that result from edge effects may 
unnaturally change the nutrient cycling processes required to support 
cave and karst ecosystem dynamics. To minimize edge effects, the core 
area must have a sufficient buffer area.
    There are two types of edges, hard and soft. ``Hard'' edges, also 
called inherent edges, are drastic differences in habitat types, such 
as grassland to road, forest to clearcut, and are generally long-term 
or permanent changes. Hard edges can be the result of a sudden natural 
disruption such as a storm event (Smith 1990), or man-made disturbances 
such as clearcuts or urbanization. ``Soft'' edges, also called induced 
edges, are subtle differences in habitat type. Soft edges can also be 
abrupt such as where a pine forest abuts a pine plantation, but soft 
edges occur more often as successional changes or gradual transitions 
in the vegetative or faunal communities (Smith 1990).
    Hard edges can act as a barrier to distribution and dispersal 
patterns of birds and mammals (Yahner 1988; Hansson 1998). Invertebrate 
species are affected by edges. Mader et al. (1990) found that carabid 
beetles and lycosid spiders avoided crossing unpaved roads that were 
even smaller than 3 m (9 ft) wide. Saunders et al. (1990) suggested 
that as little as 100 m (328 ft) of agricultural fields may be a 
complete barrier to dispersal for small organisms such as invertebrates 
and some species of birds. In general, for animal communities, species 
need buffers of 50 to 100 m (164-328 ft) or greater to ameliorate edge 
effects (Lovejoy et al. 1986; Wilcove et al. 1986; Laurance 1991; 
Laurance and Yensen 1991; Kapos et al. 1993; Andren 1995; Reed et al. 
1996; Burke and Nol 1998; Didham 1998; Suarez et al. 1998).
    Non-native fire ants are known to be harmful to many species of 
invertebrates and vertebrates. In coastal southern California, Suarez 
et al. (1998) found that densities of the exotic Argentine ant 
(Linepithema humile), which has a life history similar to the fire ant, 
are greatest near disturbed areas. Native ant communities tended to be 
more abundant in native vegetation and less abundant in disturbed 
areas. Based on the association of the Argentine ant and distance to 
the nearest edge in urban areas, core areas may only be effective at 
maintaining natural populations of native ants when there is a buffer 
area of at least 200 m (656 ft) (Suarez et al. 1998).
    Both hard and soft edges may allow invasive plant species to gain a 
foothold where the native vegetation had previously prevented their 
spread (Saunders et al. 1990; Kotanen et al. 1998; Suarez et al. 1998; 
Meiners and Steward 1999). A general rule for protecting forested areas 
from edge effects that are in proximity to clear-cut areas is to use 
the ``three tree height'' rule (Harris 1984) for estimating the width 
of the buffer area needed. We used this general rule to estimate the 
width of buffer areas needed to protect the habitat core areas. The 
average height of native mature trees in the Edwards woodland 
association in Texas ranges from 3 to 9 m (10 to 30 ft) (Van Auken et 
al. 1979). Applying the general rule, and using the average value of 
6.6 m for tree height, we estimated a buffer width of at least 20 m (66 
ft) is needed around a core habitat area to protect the vegetative 
community from edge effects.

Patch Configuration

Shape
    The more edge a habitat fragment or patch has, the larger the patch 
or fragment size should be to protect the core area from deleterious 
edge effects (Ranny et al. 1981; Lovejoy et al. 1986; Yahner 1988; 
Laurance 1991; Laurance and Yensen 1991; Kelly and Rotenberry 1993; 
Holmes et al. 1994; Reed et al. 1996; Turner 1996; Suarez et al. 1998). 
Designing a habitat area that minimizes edge effects means keeping the 
edge to area ratio low by increasing the patch size (Holmes et al. 
1994) and/or using optimal shapes. Circular habitat areas, or ones that 
are contiguous with other protected habitat areas, are preferable 
(Diamond 1975; Wilcove et al. 1986; Kelly and Rotenberry 1993; Wigley 
and Roberts 1997; Kindvall 1999). A habitat area with a circular 
configuration will have less edge than a habitat area of equal size 
with any other configuration.
Fragmentation
    Haskell (2000) examined the effect of habitat fragmentation by 
unpaved roads through otherwise contiguous forest in the southern 
Appalachian Mountains and found reduced soil macroinvertebrate species 
abundance up to 100 m (328 ft) from the road and declines in faunal 
richness up to 15 m (50 ft) from the road. Haskell (2000) pointed out 
that ``these changes may have additional consequences for the 
functioning of the forest ecosystem and the biological diversity found 
within this system. The macroinvertebrate fauna of the leaf litter 
plays a pivotal role in the ability of the soil to process energy and 
nutrients.'' Haskell further points out that these changes may in turn 
affect the distribution and abundance of other organisms, particularly 
plants. Changes in abundance in litter dwelling macroinvertebrates may 
also affect ground-foraging vertebrate fauna (Haskell 2000).
    Invertebrate biomass per unit area has been found to be less in 
small fragmented habitats, which may result in reduced food available 
for cave crickets. Burke and Nol (1998), working in southern Ontario, 
Canada, found a greater biomass of leaf litter invertebrates in large 
([ge]20 ha (49 ac)) versus smaller forested areas. Zanette et

[[Page 55071]]

al. (2000) in New South Wales, Australia, reported the biomass of 
ground dwelling invertebrates was 1.6 times greater in large 
(400 ha (988 ac)) versus smaller ([sim]55 ha (136 ac)) 
forested areas.
    The ability of individuals to move between preferred habitat 
patches is essential for colonization and population viability (Eber 
and Brandl 1996; Fahrig and Merriam 1994; Hill et al. 1996; Kattan et 
al. 1994; Kindvall 1999; Kozlov 1996; Kuussaari et al. 1996; Turner 
1996). Patch shapes that allow connection with the most number of 
neighboring patches increase the likelihood that a neighboring patch 
will be occupied (Fahrig and Merriam 1994; Kindvall 1999; Kuussaari et 
al. 1996; Tiebout and Anderson 1997). If movement among populations is 
restricted and a population is isolated, the habitat patch size must be 
large enough to ensure that the population can survive (Fahrig and 
Merriam 1994).
    It is likely that many cave systems are connected throughout the 
subsurface geologic formation even though this may not be readily 
apparent from surface observations. The extent to which listed species 
use interstitial spaces and passages is not fully known. Troglobitic 
species may retreat into these small interstitial spaces where the 
physical environment is more stable (Howarth 1983) and may spend the 
majority of their time in such retreats, only leaving them during 
temporary forays into the larger cave passages to forage (Howarth 
1987).

Summary

    The recovery of the endangered karst invertebrates depends on a 
self-sustaining karst ecosystem; surface and subsurface drainage basins 
to maintain adequate levels of moisture; and a viable surface animal 
and plant community for nutrient input and protection of the subsurface 
from adverse impacts. The area needed to conserve such an ecosystem 
includes a core area buffered from the impacts associated with 
fragmentation, isolation, edge effects, and other factors that may 
threaten ecosystem stability. Depending on the size and shape of these 
core habitat areas or patches, to remain viable, they may also require 
connections to other habitat patches.
    In summary, around known caves we believe an area approximately 36 
ha (90 ac) that includes a core habitat area of 32 ha (80 ac) 
surrounded by a buffer 20 m (66 ft) wide, comprising about 4 ha (10 
ac), is needed to protect and maintain the area flora, fauna, and 
nutrient base. The amount of area in the buffer will be larger if the 
core habitat area is irregularly shaped. Where possible, these areas 
should be continuous to minimize fragmentation.
Previous Federal Action
    On January 16, 1992, we received a petition submitted by 
representatives of the Helotes Creek Association, the Balcones 
Canyonlands Conservation Coalition, the Texas Speleological 
Association, the Alamo Group of the Sierra Club, and the Texas Cave 
Management Association to add the nine invertebrates to the List of 
Threatened and Endangered Wildlife. On December 1, 1993, we announced 
in the Federal Register (58 FR 63328) a 90-day finding that the 
petition presented substantial information that listing may be 
warranted.
    On November 15, 1994, we added eight of the nine invertebrates to 
the Animal Notice of Review as category 2 candidate species in the 
Federal Register (59 FR 58982). We intended to include Rhadine exilis 
in the notice of review, but an oversight occurred and it did not 
appear in the published notice. Category 2 candidates, a classification 
since discontinued, were those taxa for which we had data indicating 
that listing was possibly appropriate, but for which we lacked 
substantial data on biological vulnerability and threats to support 
proposed listing rules.
    On December 30, 1998, we published a proposed rule to list the nine 
Bexar County karst invertebrates as endangered (63 FR 71855). 
Incorporating comments and new information received during the public 
comment period on the proposed rule, we published a final rule to list 
the nine Bexar County karst invertebrate species as endangered in the 
Federal Register on December 26, 2000 (65 FR 81419).
    In the proposed rule, we indicated that designation of critical 
habitat was not prudent for the nine invertebrates because the 
publication of precise species locations and maps and descriptions of 
critical habitat in the Federal Register would make the nine 
invertebrates more vulnerable to incidents of vandalism through 
increased recreational visits to their cave habitat and through 
purposeful destruction of the caves. We also indicated that designation 
of critical habitat was not prudent because it would not provide any 
additional benefits beyond that provided through listing the species as 
endangered.
    Based on recent court decisions, (for example, Natural Resources 
Defense Council v. U.S. Department of the Interior 113 F. 3d 1121 (9th 
Cir. 1997); Conservation Council for Hawaii v. Babbitt, 2 F. Supp. 2d 
1280 (D. Hawaii 1998)) and the standards applied in those judicial 
opinions, we reexamined the question of whether critical habitat for 
the nine invertebrates would be prudent. After reexamining the 
available evidence for the nine invertebrates, we did not find specific 
evidence of collection or trade of these or any similarly situated 
species and found that ``by designating critical habitat in a manner 
that does not identify specific cave locations, the threat of vandalism 
by recreational visits to the cave or purposeful destruction by unknown 
parties should not be increased'' (65 FR 81419).
    In the final rule to list the species as endangered (65 FR 81419), 
we determined that critical habitat designation was prudent as we did 
not find specific evidence of increased vandalism. Also, we found that 
there may also be some educational or informational benefit to 
designating critical habitat. Therefore, we found that the benefits of 
designating critical habitat for the nine karst invertebrate species 
outweighed the benefits of not designating critical habitat.
    The Final Listing Priority Guidance for FY 2000 (64 FR 57114) 
stated that we would undertake critical habitat determinations and 
designations during FY 2000 as allowed by our funding allocation for 
that year. As explained in detail in the Listing Priority Guidance, our 
listing budget was insufficient to allow us to immediately complete all 
of the listing actions required by the Act during FY 2000. We stated 
that we would propose designation of critical habitat in the future at 
such time when our available resources and priorities allowed.
    On November 1, 2000, the Center for Biological Diversity (Center) 
filed a complaint against the Service alleging that the Service 
exceeded its one-year deadline to publish a final rule listing and 
designating critical habitat for the nine Bexar County cave 
invertebrates. Subsequent to the Service publishing the final rule to 
list these nine species as endangered on December 26, 2000, the Center 
agreed to dismiss its claim regarding the listing of the species. The 
Center and the Service reached a settlement on the designation of 
critical habitat where the Service agreed to submit a proposed critical 
habitat determination for publication in the Federal Register on or by 
June 30, 2002, and a final determination by January 25, 2003. Sixty-day 
extensions on the deadlines to submit both the proposed and final 
critical habitat determinations to the Federal Register were approved 
by the court and the new deadlines are

[[Page 55072]]

August 31, 2002, and March 25, 2003, respectively.
    On February 28, 2002, we mailed letters to the Texas Parks and 
Wildlife Department and the Texas Natural Resource Conservation 
Commission informing them that we were in the process of designating 
critical habitat for the nine Bexar County karst invertebrates. We 
requested any additional available information on the listed species, 
including: Biology; life history; habitat requirements; distribution, 
including geologic controls to species distribution; current threats; 
and management activities, current or in the foreseeable future. The 
letters contained a current list of Bexar County caves known to contain 
listed species, a map showing the general distribution of these species 
within each karst fauna region and a list of the references pertaining 
to these species and their distribution as we know it. We requested 
their review and comments on our current information and asked their 
assistance in providing any additional available information.
    We also mailed approximately 300 pre-proposal letters to interested 
parties and cave biologists on March 20, 2002, informing them that we 
were in the process of designating critical habitat for the nine listed 
karst invertebrates. The letters contained a copy of the final rule to 
list these Bexar County invertebrate species as endangered, a map 
showing the general distribution of these species, a list of literature 
about these species and their habitats, and a brief summary with 
questions and answers on critical habitat. We requested comments on (1) 
the reasons why any habitat should or should not be determined to be 
critical habitat as provided by section 4 of the Act, including whether 
the benefits of excluding areas will outweigh the benefits of including 
areas; (2) land use practices and current or planned activities in the 
subject areas and their possible impacts on possible critical habitat; 
(3) any foreseeable economic or other impacts resulting from the 
proposed designation of critical habitat, in particular, any impacts on 
small entities or families; and (4) economic and other benefits 
associated with designating critical habitat for the Bexar County karst 
invertebrates.
Critical Habitat
    Critical habitat is defined in section 3, paragraph (5)(A) of the 
Act as--(i) the specific areas within the geographic area occupied by a 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features (I) essential to the 
conservation of the species and (II) that may require special 
management considerations or protection; and, (ii) specific areas 
outside the geographic area occupied by a species at the time it is 
listed, upon a determination that such areas are essential for the 
conservation of the species. ``Conservation,'' as defined by the Act, 
means the use of all methods and procedures that are necessary to bring 
an endangered or a threatened species to the point at which listing 
under the Act is no longer necessary.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against destruction or adverse modification of 
critical habitat with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 7 also requires conferences on 
Federal actions that are likely to result in the destruction or adverse 
modification of proposed critical habitat. Destruction or adverse 
modification is direct or indirect alteration that appreciably 
diminishes the value of critical habitat for both the survival and 
recovery of a listed species. Such alterations include, but are not 
limited to, alterations adversely modifying any of those physical or 
biological features that were the basis for determining the habitat to 
be critical. Consultation under section 7 of the Act does not apply to 
activities on private or other non-Federal lands that do not involve a 
Federal nexus.
    Critical habitat provides non-regulatory benefits to the species by 
informing the public and private sectors of areas that are important 
for species recovery and where conservation actions would be most 
effective. Designation of critical habitat can help focus conservation 
activities for a listed species by identifying areas that contain the 
physical and biological features that are essential for the 
conservation of that species, and can alert the public and land-
managing agencies to the importance of those areas.
    To be included in a critical habitat designation, the habitat must 
be ``essential to the conservation of the species.'' Critical habitat 
designations identify, to the extent known and using the best 
scientific and commercial data available, habitat areas that provide 
essential life cycle needs of the species (such as areas on which are 
found the primary constituent elements, as defined at 50 CFR 
424.12(b)). Section 3(5)(C) of the Act states that not all areas that 
can be occupied by a species should be designated as critical habitat 
unless the Secretary determines that all such areas are essential to 
the conservation of the species. Our regulations (50 CFR 424.12(e)) 
also state that, ``'The Secretary shall designate as critical habitat 
areas outside the geographic area presently occupied by the species 
only when a designation limited to its present range would be 
inadequate to ensure the conservation of the species.'''
    Section 4 (b)(2) of the Act requires that we take into 
consideration the economic impact, and any other relevant impact, of 
specifying any particular areas as critical habitat. We may exclude 
areas from critical habitat designation when the benefits of exclusion 
outweigh the benefits of including the areas within critical habitat, 
provided the exclusion will not result in extinction of the species.
    Our Policy on Information Standards Under the Endangered Species 
Act, published on July 1, 1994 (59 FR 34271), provides criteria, 
establishes procedures, and provides guidance to ensure that decisions 
made by the Service represent the best scientific and commercial data 
available. It requires that our biologists, to the extent consistent 
with the Act and with the use of the best scientific and commercial 
data available, use primary and original sources of information as the 
basis for recommendations to designate critical habitat. When 
determining which areas are critical habitat, a primary source of 
information should be the listing rule for the species. Additional 
information may be obtained from a recovery plan, articles in peer-
reviewed journals, conservation plans developed by States and counties, 
scientific status surveys and studies, and biological assessments or 
other unpublished reports.
    Section 4 of the Act requires that we designate critical habitat 
based on what we know at the time of designation. Since much of the 
cave-forming rock is located on private property in areas that have 
been inadequately surveyed, additional populations for some of these 
species are likely to exist and may be discovered over time. We 
recognize that designation of critical habitat for these species likely 
does not include all of the habitat areas that may eventually be 
determined to be necessary for the recovery of the species. For these 
reasons, this critical habitat designation does not signal that habitat 
outside the designation is unimportant or may not be required for 
recovery. Habitat areas outside the critical habitat designation will 
continue to be subject to conservation actions that may be implemented 
under section 7(a)(1) of the Act and to the regulatory protections 
afforded by the section 7(a)(2) jeopardy standard, and the section 9 
take prohibition, as determined on the basis of the best available 
information at the

[[Page 55073]]

time of the action. It is possible that federally funded or assisted 
projects affecting listed species outside their designated critical 
habitat areas could jeopardize those species. Similarly, critical 
habitat designations made on the basis of the best available 
information at the time of designation may not totally coincide with 
the direction and substance of future recovery plans, habitat 
conservation plans (HCP), or other species conservation planning and 
recovery efforts if new information shows changes are needed.
Methods
    As required by the Act and regulations (section 4(b)(2) and 50 CFR 
424.12), we used the best scientific and commercial information 
available to determine critical habitat areas that contain the physical 
and biological features that are essential for the conservation of 
these nine species. This information included: (1) Peer-reviewed 
scientific publications; (2) the final listing rule for the nine Bexar 
County karst invertebrate species (65 FR 81419); (3) unpublished field 
data collected by Service biologists; (4) unpublished survey reports, 
notes and communications with other qualified biologists or experts; 
(5) published descriptions of the regional geology (Veni 1988; Soil 
Conservation Service 1962; Veni 1994); (6) the Endangered Species 
Recovery Plan for Endangered Karst Invertebrates in Travis and 
Williamson Counties, Texas, (USFWS 1994); and (7) digital 
orthophotographs flown in March 2001 obtained from the Bexar County 
Appraisal District.
    In determining the areas in Bexar County that are essential to the 
conservation of the listed invertebrates, we considered all karst 
features currently known to be occupied and the surrounding surface 
ecosystem on which the species depend. We believe that other occupied 
karst features likely exist in Bexar County that are essential to 
species survival, especially for those species known from only a few 
locations (such as Cicurina vespera, Cicurina venii, Batrisoides 
venyivi, and Neoleptoneta microps). However, we do not currently know 
where these locations are and therefore cannot include them in this 
critical habitat designation.
Primary Constituent Elements
    We are required to consider those physical and biological features 
essential to the conservation of these nine karst invertebrates that 
may require special management considerations and protection. These 
features are termed primary constituent elements. Primary constituent 
elements include but are not limited to: space for individual and 
population growth and for normal behavior; food, water, air, minerals 
and other nutritional or physiological requirements; cover or shelter; 
and habitats that are protected from disturbance and represent the 
historic geographical and ecological distributions of the species.
    The primary constituent elements required by the nine karst 
invertebrates consist of: (1) The physical features of karst-forming 
rock containing subterranean spaces with stable temperatures, high 
humidities (near saturation) and suitable substrates (for example, 
spaces between and underneath rocks suitable for foraging and 
sheltering), and (2) the biological features of a healthy surface 
community of native plants (for example, juniper-oak woodland) and 
animals (for example, cave crickets) surrounding the karst feature that 
provides nutrient input and buffers the karst ecosystem from adverse 
effects (from, for example, non-native species invasions, contaminants, 
and fluctuations in temperature and humidity).
    The areas proposed as critical habitat for the nine karst 
invertebrates are designed to incorporate what is essential for their 
conservation. Habitat components that are essential for these species 
meet the primary biological needs of foraging, reproduction and refugia 
from human induced or other environmental threats. Karst ecosystems 
surrounded by a vegetative community that supports cave crickets and 
other trogloxenes and troglophiles; where water quality and quantity in 
the surface and subsurface drainage basin are protected; and that are 
protected from unrestricted human-entry and other threats (such as fire 
ants) are essential for the conservation of viable populations of these 
endangered karst invertebrates.
Criteria Used To Delineate Critical Habitat
    We used several criteria to identify and delineate lands for 
designation as critical habitat: caves known to contain one or more of 
the nine endangered karst invertebrates; the footprint of the known 
occupied cave, including the known and estimated subsurface extent; 
contiguous karst deposits; and at least 36 ha (90 ac) of vegetation 
surrounding each known occupied cave or complex of caves essential to 
the functioning of a healthy ecosystem.
    Species location information was obtained from presence/absence 
survey reports submitted during project consultations with the Service, 
annual reports on research and recovery activities conducted under a 
section 10(a)(1)(A) scientific permit, section 6 species status 
reports, and literature published in peer reviewed journals. Survey 
reports and scientific permit annual reports also contained cave 
location information, typically in the form of a cave location 
indicated on a U.S. Geological Survey topographic maps, and a map of 
the cave footprint. We submitted a request to the Texas Speleological 
Survey (TSS) for any available digital location data (UTM coordinates) 
for Bexar County caves known to contain one or more of the nine 
endangered species. TSS is a non-profit corporation established in 1961 
to collect, organize, and maintain information on Texas caves and karst 
for scientific, educational, and conservation purposes, and to support 
safe and responsible cave exploration, and is affiliated with the Texas 
Memorial Museum, the Texas Speleological Association, and the National 
Speleological Society. TSS provided all available digital location 
data, and reviewed and confirmed our location data for caves where no 
digital information was available. The precision of the locations for 
which digital location data were available ranged from 1 m to 10 m (3ft 
to 33 ft) and data documented on topographic maps was estimated to be 
accurate to within 10 m to 20 m (33 ft to 66 ft). This variability in 
precision was taken into account when delineating proposed boundaries. 
The TSS provided digital location information to us based on our 
agreement that the information would only be accessible to the Austin 
Ecological Services Field Office staff and would not be released. We 
further agreed that any requests for such information would be directed 
to TSS as owners of the data. The location of the known occupied caves 
within each unit is not specified in order to protect these caves from 
vandalism.
    We referred to Veni's 1994 karst zones maps to ensure that the 
majority of the lands within each proposed unit overlaid a contiguous 
deposit of karst-bearing rock either known to contain the listed 
species (Zone 1) and/or having a high probability of suitable habitat 
for the listed species (Zone 2) in order to maintain subsurface 
connectivity for species movement throughout the contiguous karst 
deposit. Since the 1994 report, a significant amount of additional 
information has become available, either as a result of the discovery 
of new caves containing the listed species, or additional biological 
surveys conducted in previously

[[Page 55074]]

mapped caves and/or as a result of the release of information not 
available at the time of the 1994 report. As a result, some of these 
caves for which critical habitat is being proposed are depicted as 
occurring within Zone 2. These areas of Zone 2 now meet the definition 
of Zone 1. See the previous ``Subsurface Environment'' section for 
definitions of Veni's karst zones.
    Where possible, the proposed critical habitat units contain at 
least 36 ha (90 ac) of self-reproducing native vegetated area 
surrounding each known occupied cave or complex of caves. This 
vegetated area includes a core vegetative community, cave cricket 
foraging area; and buffer areas that protect the core habitat from 
impacts associated with fragmentation, isolation, and edge effects. 
This area also includes the local surface and subsurface drainage 
areas, to the extent known.
    We consulted recent digital orthophotographs (March 2001) and 
parcel maps (generated in early 2002) obtained from the Bexar County 
Appraisal District to determine the current status of habitat 
surrounding the known occupied caves and the extent of fragmentation 
caused by existing development within and adjacent to each habitat 
area. Several units were enlarged to encompass undisturbed vegetated 
areas to compensate for internal fragmentation due to existing 
development. Where possible, boundary lines were drawn along 
identifiable landmarks including roads, named creeks and rivers, and 
property boundaries. Several units were described as a circular area 
encompassed within a square or rectangle bounded by corner points given 
in Texas State Plane (South Central) in feet, referenced to North 
American Horizontal Datum 1983 (NAD 83). Coordinates were derived from 
the 2001 digital orthophotographs. A description of each unit and the 
current status of the lands in and around the unit are presented below 
under ``Proposed Critical Habitat Unit Descriptions''.
    Existing human-constructed, above ground, impervious structures and 
associated landscaping within the boundaries of mapped units do not 
contain the primary constituent elements and are not considered to be 
critical habitat. Such features and structures include but are not 
limited to buildings and paved roads. However, areas below ground under 
these structures and vegetation are considered to be critical habitat 
since subterranean spaces containing these species and/or transmitting 
moisture and nutrients through the karst ecosystem extend, in some 
cases, underneath these existing human-constructed structures and 
landscaped areas.
Critical Habitat Proposal
    Lands proposed as critical habitat for the nine karst invertebrates 
occur in 25 separate units with a total area of approximately 3,857 ha 
(9,516 ac). The lands within the proposed units are under private, 
city, State, and Federal ownership. Table 2 below lists the known 
occupied caves, the karst fauna region, the total area, land ownership, 
and the listed species that occur within each proposed unit.

   Table 2.--Known Occupied Caves, the Karst Fauna Region (KFR), Total Area (Hectares (ha), Acres (ac)), Land Ownership and Listed Species That Occur
                                                       Within Each Proposed Critical Habitat Unit
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Unit and known caves in unit                  KFR                    Total area of unit                 Ownership               Listed species in unit
--------------------------------------------------------------------------------------------------------------------------------------------------------
1a. Bone Pile Cave...........  Government Canyon.................  76 ha, 188 ac...........  State............................  N. microps.
    Surprise Sink............                                                                                                   R. infernalis.
1b. Government Canyon Bat      Government Canyon.................  47 ha, 116 ac...........  State............................  C. vespera.
 Cave.                                                                                                                          N. microps.
                                                                                                                                R. exilis.
                                                                                                                                R. infernalis.
1c. Lost Pothole.............  Government Canyon.................  47 ha, 116 ac...........  State............................  C. madla.
1d. Lithic Ridge Cave........  Government Canyon.................  47 ha, 116 ac...........  State............................  R. infernalis.
1e. Canyon Ranch Pit *.......  Government Canyon.................  341 ha, 842 ac..........  Private, State...................  R. infernalis.
    Fat Man's Nightmare Cave                                                                                                    R. exilis.
 *.                                                                                                                             B. venyivi.
    Pig Cave.................
    San Antonio Ranch Pit
    Scenic Overlook Cave *
    Tight Cave
2. Logan's Cave..............  Helotes...........................  99 ha, 245 ac...........  Private..........................  C. madla.
    Madla's Drop Cave........                                                                                                   R.infernalis.
                                                                                                                                R. exilis.
3. Helotes Blowhole *........  Helotes...........................  63 ha, 154 ac...........  Private..........................  B. venyivi.
    Helotes Hilltop *........                                                                                                   C. madla.
                                                                                                                                R. infernalis.
                                                                                                                                R. exilis.
4. Kamikazi Cricket Cave.....  UTSA..............................  63 ha, 154 ac...........  Private..........................  R. infernalis.
                                                                                                                                R. exilis.
5. Christmas Cave............  Helotes...........................  47 ha, 116 ac...........  Private..........................  B. venyivi.
                                                                                                                                C. madla.
                                                                                                                                R. infernalis.
                                                                                                                                R. exilis.
6. John Wagner Ranch Cave No.  UTSA..............................  45 ha, 111 ac...........  Private..........................  R. infernalis.
 3 *.                                                                                                                           R. exilis.
7. Young Cave No. 1..........  UTSA..............................  50 ha, 123 ac...........  Private..........................  R. exilis.
8. Hills and Dales Pit *.....  UTSA..............................  174 ha, 428 ac..........  Private..........................  C. madla.
    Robber's Cave............                                                                                                   R. infernalis.
    Three Fingers Cave.......                                                                                                   R. exilis.
9. Mastodon Pit..............  UTSA..............................  71 ha, 175 ac...........  State, Private...................  R. exilis.
10. Flying Buzzworm Cave.....  Stone Oak.........................  367 ha, 906 ac..........  Federal, City, Private...........  C. madla.
    Headquarters Cave........                                                                                                   R. infernalis.
    Low Priority Cave........                                                                                                   R. exilis.

[[Page 55075]]

 
11. 40 mm Cave...............  Stone Oak.........................  1,273 ha, 3,143 ac......  Federal..........................  R. exilis.
    B-52 Cave
    Backhole
    Boneyard Pit
    Bunny Hole
    Cross the Creek Cave
    Dos Viboras Cave
    Eagle's Nest Cave
    Hilger Hole
    Hold-Me-Back Cave
    Isocow Cave
    MARS Pit
    MARS Shaft
    Pain in the Glass Cave
    Platypus Pit
    Poor Boy Baculum Cave
    Root Canal Cave
    Root Toupee Cave
    Strange Little Cave
    Up the Creek Cave
12. Hairy Tooth Cave.........  Stone Oak.........................  105 ha, 258 ac..........  Private..........................  R. exilis.
    Ragin' Cajun Cave
13. Black Cat Cave...........  Stone Oak.........................  51 ha, 125 ac...........  Private..........................  R. exilis.
14. Game Pasture Cave No. 1..  Culebra Anticline.................  173 ha, 426 ac..........  Private..........................  R. infernalis.
    King Toad Cave...........
    Stevens Ranch Trash
15. Braken Bat Cave..........  Culebra Anticline.................  195 ha, 481 ac..........  Private..........................  C. venii.
    Isopit...................                                                                                                   R. infernalis.
    Obvious Little Cave
    Wurzbach Bat Cave
16. Caracol Creek Coon Cave..  Culebra Anticline.................  61 ha, 152 ac...........  Private..........................  R. infernalis.
17. Madla's Cave *...........  Helotes...........................  48 ha, 118 ac...........  Private..........................  C. madla.
                                                                                                                                R. infernalis.
18. Mattke Cave..............  UTSA..............................  40 ha, 100 ac...........  Private..........................  R. nfernalis.
    Scorpion Cave
19. Genesis Cave.............  Stone Oak.........................  59 ha, 146 ac...........  Private..........................  R. infernalis.
20. Robber Baron Cave........  Alamo Heights.....................  160 ha, 395 ac..........  Private..........................  C. baronia.
                                                                                                                                T. cokendolpheri.
21. Hornet's Last Laugh Pit..  Stone Oak.........................  155 ha, 382 ac..........  Private..........................  R. exilis.
    Kick Start Cave
    Springtail Crevice
--------------------------------------------------------------------------------------------------------------------------------------------------------
      Totals:
25        57                                                       3,857 ha, 9,516 ac .....
--------------------------------------------------------------------------------------------------------------------------------------------------------
*Indicates caves and their associated preserve lands that have special management under La Cantera's Section 10 permit and have therefore not been
  included in the proposed critical habitat designation. These caves and their associated preserve lands were not included in the totals in this table.

    The lands within the proposed critical habitat units, with the 
exception of Units 19 and 20, provide the full range of primary 
constituent elements needed by the nine karst invertebrates including 
(1) the physical features of karst-forming rock containing subterranean 
spaces with stable temperatures, high humidities (near saturation) and 
suitable substrates (for example, spaces between and underneath rocks 
suitable for foraging and sheltering), and (2) the biological features 
of a healthy surface community of native plants (for example, juniper-
oak woodland) and animals (for example, cave crickets) surrounding the 
karst feature that provide nutrient input and buffers the karst 
ecosystem from adverse effects (from, for example, non-native species 
invasions, contaminants, and fluctuations in temperature and humidity). 
Lands within Units 19 and 20 are heavily urbanized and intensive 
management may be required to provide nutrients and water to the listed 
species within these units. See ``Proposed Critical Habitat Unit 
Descriptions'' below for detailed descriptions of all units.
    Twelve caves known to contain one or more of the listed species 
were not included in the proposed critical habitat designation. The 
caves referred to as ``unnamed cave \1/2\ mile N of Helotes'' and ``5 
miles NE of Helotes'' were not specifically included because their 
precise locations are unknown.
    La Cantera Cave No. 1 and La Cantera Cave No. 2 were also not 
included in this proposed critical habitat designation. La Cantera 
received a section 10(a)(1)(B) permit for take of the listed species in 
La Cantera Cave No. 1 and La Cantera Cave No. 2. After evaluating the 
HCP and associated information, we determined that a sufficient number 
of caves containing these species remained so that take of the species 
within these two caves would not preclude recovery of the species. 
Therefore, La Cantera Cave No. 1 and La Cantera Cave No. 2 were not 
included in this designation because

[[Page 55076]]

they are not considered essential to the conservation of the species. 
The decision to issue the permit was also based on La Cantera's 
proposal to mitigate for take of the species within these caves by 
purchasing and managing eight caves known to contain one or more of the 
listed species for which take was being permitted and their associated 
preserve lands. These mitigation caves are Canyon Ranch Pit, Fat Man's 
Nightmare Cave, and Scenic Overlook Cave and the surrounding 
approximately 30 ha (75 ac) (within Unit 1e); Helotes Blowhole and 
Helotes Hilltop caves and the surrounding approximately 10 ha (25 ac) 
(within Unit 3); John Wagner Cave No. 3 and the surrounding 
approximately 1.6 ha (4 ac) (within Unit 6); Hills and Dales Pit and 
the surrounding approximately 28 ha (70 ac) (within Unit 8); and 
Madla's Cave and the surrounding approximately 2 ha (5 ac) (within Unit 
17). La Cantera recently completed their purchase of these karst 
preserves through conservation easement and/or fee simple title and has 
agreed to protect and manage them in perpetuity in accordance with the 
conservation needs of the species. Since these areas do not require 
additional special management beyond that provided for through the HCP 
and do not meet the definition of critical habitat, these caves and 
their associated preserve lands were also excluded from this proposed 
critical habitat designation.

Proposed Critical Habitat Unit Descriptions

Units 1a, 1b, 1c, 1d

    Units 1a, 1b, 1c, and 1d are located on Government Canyon State 
Natural Area (GCSNA), an approximately 2,688-ha (6,643-ac) area owned 
and managed by the Texas Parks and Wildlife Department (TPWD). GCSNA 
was purchased in 1993 and is not currently accessible to the public. 
The projected opening is late 2003 or early 2004. Lands within the four 
proposed units are undeveloped, with several one-lane, unpaved roads 
which will serve primarily as pedestrian trails once the facility 
opens. Unauthorized public vehicular traffic will not be allowed 
(George Kegley, TPWD, pers. comm. 2002). An unpaved road/trail crosses 
Units 1a, 1b, and 1c. Unit 1a contains two known occupied caves and 
Units 1b, 1c, and 1d each contain one cave known to contain listed 
species (Table 2).
    These units were delineated to encompass at least 36 ha (90 ac) of 
vegetation around the known occupied caves, overlying a contiguous 
deposit of karst-bearing rock. The majority of GCSNA, including the 
proposed units, are defined by Veni's 1994 karst zone maps as occurring 
within Zone 2. Since lands within this unit are primarily undeveloped 
and the property is under one ownership, we were unable to delineate 
the boundaries of the units using roads or parcel boundaries, and 
instead delineated the units as squares encompassing approximately 36-
ha circular areas containing the endangered species cave habitat.

Unit 1e

    The majority of Unit 1e consists of large tracts of privately owned 
land that is primarily undeveloped with the exception of several small 
private and/or county roads. A small corner of GCSNA also occurs in 
this unit. No highways or major roadways occur within the unit. This 
unit contains six caves known to contain listed species (Table 2). 
Three of the caves are located on an approximately 162-ha (400-ac) 
privately-owned, undeveloped, property bordered by GCSNA to the west 
and south, La Cantera's 30-ha (75-ac) Canyon Ranch preserve to the 
north, and by the City of San Antonio's Iron Horse Canyon property on 
the east. The 162-ha (400-ac) property also contains four caves that 
may contain suitable habitat for one or more of the listed species, but 
require additional surveys during suitable environmental conditions 
(Kemble White, SWCA, pers.comm. 2002). Three of these caves are within 
the 36-ha (90-ac) habitat area of a known occupied cave on the 
property.
    Three of the six known occupied caves within this unit and their 
associated preserve lands have been excluded from this critical habitat 
designation. The 30-ha (75-ac) Canyon Ranch Preserve contains Canyon 
Ranch Pit, Fat Man's Nightmare Cave, and Scenic Overlook Cave and has 
been acquired by La Cantera under their Section 10(a)(1)(B) permit, 
which also requires that these caves and the surrounding preserve lands 
be managed in perpetuity for the conservation of the species. Since 
these lands do not require special additional management, they have 
been excluded from critical habitat designation.
    The City of San Antonio's Iron Horse Canyon property is 
approximately 241 ha (595 ac). Two caves containing listed species 
occur on the property (Kemble White, SWCA, pers. comm. 2002). However, 
the surveys were conducted in these caves prior to the species' listing 
and to date, we have not been able to obtain a copy of the survey 
report with cave names and precise locations.
    This unit was delineated to encompass at least 36 ha of vegetation 
around each of the six known occupied caves overlying contiguous 
deposits of karst-bearing rock. Unit 1e is defined by Veni's 1994 karst 
zone maps as occurring within Zone 2. This unit was enlarged to include 
the City of San Antonio's Iron Horse Canyon property, which contains 
two known occupied caves. Since we are unsure about the location of 
these caves, the entire property was included within the critical 
habitat designation. This unit may be modified depending on additional 
location information about these two caves obtained during the public 
comment period for this proposed rule. The unit was also enlarged to 
include one of the four caves on the 162-ha (400-ac) property, which is 
believed to contain suitable habitat for one or more of the listed 
species, and a 36-ha habitat area around the cave. This unit may be 
modified depending on the results of additional species surveys that 
may be conducted in this cave during the public comment period for this 
proposed rule. The unit boundaries were delineated following roads and 
parcel boundaries.

Unit 2

    Unit 2 consists of large, wooded tracts which appear to be 
undeveloped with the exception of several buildings. The unit contains 
two or three small private or county roads, but no highways or major 
roadways. Two caves known to contain listed species occur within Unit 2 
(Table 2).
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around each of the two known occupied caves overlying a 
contiguous deposit of karst-bearing rock. Unit 2 is defined by Veni's 
1994 karst zone maps as occurring within Zone 2. The unit was enlarged 
to encompass undisturbed, unfragmented woodland to compensate for 
internal fragmentation due to several small roads, buildings and an 
area from which the majority of the woodland has been removed. The unit 
boundaries were delineated primarily along existing roads and parcel 
boundaries.

Unit 3

    Unit 3 consists of relatively large, wooded tracts. The tracts 
along the northern side of the unit have been developed with homes, but 
it appears that the remainder of the properties within the unit are 
undeveloped. The unit contains several small residential roads, but no 
major roadways or

[[Page 55077]]

highways. The unit is bordered by Bandera Road, a four-lane divided 
roadway, and by two-lane residential roads. The unit contains two known 
occupied caves (Table 2) which, along with their associated preserve 
lands, have been excluded from this critical habitat designation. 
Helotes Blowhole and Helotes Hilltop Cave and the approximately 10 ha 
(25 ac) surrounding the caves has been acquired by La Cantera under 
their Section 10(a)(1)(B) permit which requires that these caves and 
the surrounding preserve lands be managed in perpetuity for the 
conservation of the species. Since these lands do not require 
additional special management, they have been excluded from critical 
habitat designation.
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around the two known occupied caves overlying contiguous 
deposits of karst-bearing rock. The majority of Unit 3 is defined by 
Veni's 1994 karst zone maps as occurring within Zone 1. The unit was 
delineated to encompass the majority of the contiguous Zone 1 karst 
deposit associated with the two known occupied caves while maximizing 
the amount of undisturbed, unfragmented woodland surrounding the cave. 
The unit was enlarged to include additional woodland areas to 
compensate for internal fragmentation due to several small roads, 
buildings and an area from which the majority of the woodland has been 
removed. The unit boundaries were delineated along existing roads.

Unit 4

    Unit 4 consists of relatively large wooded tracts subdivided for 
residential development, of which few appear to be developed. The unit 
contains several residential roads, but no major roadways or highways. 
Lands surrounding Unit 4 consist of relatively large subdivided 
residential tracts that appear to be largely undeveloped. One cave 
known to contain listed species occurs within Unit 4 (Table 2).
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around the known occupied cave, overlying a contiguous 
deposit of karst-bearing rock. The majority of Unit 4 is defined by 
Veni's 1994 karst zone maps as occurring within Zone 1. The unit was 
delineated to encompass the majority of the contiguous Zone 1 karst 
deposit associated with the known occupied cave while maximizing the 
amount of undisturbed, unfragmented vegetation in the unit. The unit 
was enlarged to include additional woodland to compensate for internal 
fragmentation due to several residential roads and residential 
development that occur within the unit. We were unable to delineate the 
boundaries of the unit using roads or parcel boundaries due to their 
configuration and instead delineated the unit as a square encompassing 
an approximately 36-ha circular area containing the endangered species 
cave habitat.

Unit 5

    Unit 5 consists of a large tract of undeveloped, woodland and 
several smaller, wooded tracts developed with homes and an associated 
residential road. The unit is bordered to the north and northwest by 
large tracts of undeveloped woodland and bordered on the remaining 
sides by smaller tracts with some residential development. One cave 
known to contain listed species occurs within Unit 5 (Table 2).
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around the known occupied cave, overlying a contiguous 
deposit of karst-bearing rock. The majority of Unit 5 is defined by 
Veni's 1994 karst zone maps as occurring within Zones 1 and 2. The unit 
was delineated to encompass the majority of the contiguous Zone 1 and 2 
karst deposits associated with the known occupied cave while maximizing 
the amount of undisturbed, unfragmented woodland surrounding the cave. 
We were unable to delineate the boundaries of the unit using roads or 
parcel boundaries due to their configuration and instead delineated the 
unit as a square encompassing an approximately 36-ha circular area 
containing the endangered species cave habitat.

Unit 6

    Unit 6 consists primarily of relatively large tracts of undeveloped 
woodland with several smaller tracts developed with homes. The unit is 
bordered to the east by large, wooded, undeveloped tracts and to the 
west by a residential development. The unit contains one known occupied 
cave (Table 2) which along with its associated preserve lands have been 
excluded from this critical habitat designation. John Wagner Ranch Cave 
No. 3 and the approximately 1.6 ha (4 ac) surrounding the cave has been 
acquired by La Cantera under their Section 10(a)(1)(B) permit which 
requires that the cave and the surrounding preserve lands be managed in 
perpetuity for the conservation of the species. Since these lands do 
not require additional special management, they have been excluded from 
critical habitat designation.
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around the known occupied cave, overlying a contiguous 
deposit of karst-bearing rock. The majority of Unit 6 is defined by 
Veni's 1994 karst zone maps as occurring within Zone 1. The unit was 
delineated to encompass the majority of the contiguous Zone 1 karst 
deposit associated with the known occupied cave while maximizing the 
amount of undisturbed, unfragmented woodland surrounding the cave. We 
were unable to delineate the boundaries of the unit using roads or 
parcel boundaries due to their configuration and instead delineated the 
unit as a square encompassing an approximately 36-ha circular area 
containing the endangered species cave.

Unit 7

    Unit 7 consists of relatively large, wooded tracts, several of 
which have been developed with homes. The unit contains several 
residential roads, but no highways or major roadways. One cave known to 
contain listed species occurs within Unit 7 (Table 2).
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around the known occupied cave, overlying a contiguous 
deposit of karst-bearing rock. The majority of Unit 7 is defined by 
Veni's 1994 karst zone maps as occurring within Zone 1. The unit was 
delineated to encompass the majority of the contiguous Zone 1 karst 
deposit associated with the known occupied cave while also maximizing 
the amount of undisturbed, unfragmented woodland surrounding the cave. 
We were unable to delineate the boundaries of the unit using roads or 
parcel boundaries due to their configuration and instead delineated the 
unit as a square encompassing an approximately 36-ha circular area 
containing the endangered species cave.

Unit 8

    The majority of the lands within Unit 8 consist of large tracts of 
primarily undeveloped woodland. The southeastern portion of the unit 
has been subdivided and developed with homes. Part of this area has 
been developed with residential roads, but currently contains no homes. 
The unit contains three known occupied caves (Table 2). One of the 
caves along with its associated preserve lands, have been excluded from 
this critical habitat designation. Hills and Dales Pit and 
approximately 28 ha (70 ac) surrounding the cave have been acquired by 
La Cantera under their Section 10(a)(1)(B) permit which requires that 
the cave and the

[[Page 55078]]

surrounding preserve lands be managed in perpetuity for the 
conservation of the species. Since these lands do not require 
additional special management, they have been excluded from critical 
habitat designation.
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around each of the three known occupied caves, overlying 
contiguous deposits of karst-bearing rock. The majority of Unit 8 is 
defined by Veni's 1994 karst zone maps as occurring within Zones 1 and 
2. The unit was delineated to encompass the majority of the contiguous 
Zone 1 and 2 karst deposits associated with the known occupied caves 
while maximizing the amount of undisturbed, unfragmented woodland 
surrounding the cave. The unit was enlarged to include additional 
woodland to compensate for internal fragmentation due to several small 
roads and residential development within the unit. The unit boundaries 
were primarily delineated along existing roads and parcel boundaries.

Unit 9

    Unit 9 consists of a large tract of undeveloped, woodland. The unit 
is bordered to the north by Loop 1604, a major highway, and to the 
south by a two-lane roadway. The unit is bordered to the west by the 
University of Texas at San Antonio campus and to the east by some 
commercial development. This unit contains one cave known to contain 
listed species (Table 2).
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around the known occupied cave, overlying a contiguous 
deposit of karst-bearing rock. Roughly half of Unit 9 is defined by 
Veni's 1994 karst zone maps as occurring within Zone 1. The unit was 
delineated to encompass the majority of the contiguous Zone 1 karst 
deposit associated with the known occupied cave while maximizing the 
amount of undisturbed, unfragmented woodland surrounding the cave. The 
unit boundaries were delineated along existing roads and a named creek.

Unit 10

    Unit 10 consists of several large tracts of woodland. Most of Unit 
10 is undeveloped. Roughly half of this unit consists of lands owned 
and operated by the Department of Defense's (DOD) Camp Bullis. The 
majority of the DOD-owned area within this unit is not extensively 
developed with structures or major roadways, but does contain areas 
used for some types of military training maneuvers. The other half of 
the unit consists of Eisenhower Park, owned by the City of San Antonio, 
and a privately-owned tract that is currently undeveloped. Three caves 
known to contain listed species occur within Unit 10 (Table 2).
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around each of the three known occupied caves, overlying 
contiguous deposits of karst-bearing rock. The majority of Unit 10 is 
defined by Veni's 1994 karst zone maps as occurring within Zones 1 and 
2. The unit was delineated to encompass the majority of the contiguous 
Zone 1 and 2 karst deposits associated with the known occupied caves 
while maximizing the amount of undisturbed, unfragmented vegetation 
within the unit. The unit was enlarged to include additional woodland 
to compensate for internal fragmentation due to several roads and 
buildings, as well as potential impacts due to military training 
maneuvers. The unit boundaries were delineated along existing roads and 
parcel boundaries.

Unit 11

    Unit 11 consists of the southeastern portion of the DOD's Camp 
Bullis. The area is not extensively developed with structures or major 
roadways, but does contain areas used for some types of military 
training maneuvers and contains large areas where the woodland 
vegetation was cleared at some point in the past. Less than half of the 
known occupied caves are located within woodland areas. Lands to the 
east and south of the unit are undergoing rapid suburban development. 
This unit contains 20 caves containing listed species (Table 2).
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around each of the 20 known occupied caves, overlying 
contiguous deposits of karst-bearing rock. The majority of Unit 11 is 
defined by Veni's 1994 karst zone maps as occurring within Zone 2. The 
unit was delineated to encompass the majority of the contiguous Zone 2 
karst deposit associated with the known occupied caves while maximizing 
the amount of undisturbed and unfragmented woodland surrounding the 
cave. The unit was enlarged to include additional woodland to 
compensate for internal fragmentation due to several roads and 
developed areas, and potential impacts associated with military 
training maneuvers. The unit boundaries were delineated primarily along 
existing roads and parcel boundaries.

Unit 12

    The majority of Unit 12 consists of lands that have been subdivided 
for residential development. Single-family homes have been constructed 
on roughly half of the subdivided lots. Several residential roads and 
one major roadway occur within the unit. The unit is bordered to the 
east by U.S. Highway 281, to the south by a quarry and to the west by a 
school and some residential development. Several relatively large 
tracts of undeveloped land occur within and to the north of the unit. 
Two caves known to contain listed species occur within Unit 12 (Table 
2).
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around each of the two known occupied caves, overlying 
contiguous deposits of karst-bearing rock. The majority of Unit 12 is 
defined by Veni's 1994 karst zone maps as occurring within Zone 2. The 
unit was delineated to encompass the majority of the contiguous Zone 2 
karst deposit associated with the known occupied caves while maximizing 
the amount of undisturbed and unfragmented woodland surrounding the 
cave. The unit was enlarged to include additional woodland to 
compensate for internal fragmentation due to existing residential 
development within the unit. The unit boundaries were primarily 
delineated along existing roads and a named creek.

Unit 13

    Unit 13 consists primarily of large, currently undeveloped wooded 
tracts with several smaller tracts developed with homes. Bulverde Road, 
a major roadway, bisects the western portion of the unit. The unit is 
bordered by dense residential development on the northwest and 
significantly less dense residential development on the northeast. The 
lands to the south, southeast, and southwest consist of large, 
undeveloped, wooded, tracts. One cave containing listed species occurs 
within this unit (Table 2).
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around the known occupied cave, overlying a contiguous 
deposit of karst-bearing rock. The majority of Unit 13 is defined by 
Veni's 1994 karst zone maps as occurring within Zones 1 and 2. The unit 
was delineated to encompass the majority of the contiguous Zone 1 and 2 
karst deposits associated with the known occupied caves while 
maximizing the amount of undisturbed, unfragmented woodland surrounding 
the cave. The unit was enlarged to include additional woodland to 
compensate for internal

[[Page 55079]]

fragmentation due to existing residential development and the presence 
of a major roadway within the unit. The unit boundaries were primarily 
delineated along parcel boundaries and existing roads.

Unit 14

    Unit 14 consists of several large tracts of undeveloped woodland 
with no major roadways or highways. Three caves known to contain listed 
species occur within Unit 14 (Table 2).
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around each of the three known occupied caves, overlying 
contiguous deposits of karst-bearing rock. Unit 14 is defined by Veni's 
1994 karst zone maps as occurring within Zones 1 and 2. The unit was 
delineated to encompass the majority of the contiguous Zone 1 and 2 
karst deposits associated with the known occupied caves while 
maximizing the amount of undisturbed, unfragmented woodland surrounding 
the cave. We were unable to delineate the boundaries of the unit using 
roads or parcel boundaries due to their configuration and instead 
delineated the unit as a rectangle encompassing an approximately 36-ha 
area around each of the three known occupied caves.

Unit 15

    The majority of the lands within Unit 15 are within a subdivision. 
Tracts in the subdivision are relatively large and still contain wooded 
vegetation. Two large, wooded, undeveloped tracts are located east of 
the subdivision. The unit contains several residential roads, but no 
major roadways or highways. Unit 15 contains four caves known to 
contain listed species (Table 2).
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around each of the four known occupied caves, overlying 
contiguous deposits of karst-bearing rock. The majority of Unit 15 is 
defined by Veni's 1994 karst zone maps as occurring within Zone 1. The 
unit was delineated to encompass the majority of the contiguous Zone 1 
karst deposit associated with the known occupied caves while maximizing 
the amount of undisturbed, unfragmented woodland surrounding the cave. 
The unit was enlarged to include additional woodland to compensate for 
internal fragmentation due to existing residential development within 
the unit. The unit boundaries were delineated along parcel boundaries 
and existing roads.

Unit 16

    Unit 16 contains several large, primarily undeveloped tracts of 
woodland. However, Loop 1604, a major highway, bisects the eastern half 
of the unit. One cave known to contain endangered species occurs within 
Unit 16 (Table 2).
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around the known occupied cave, overlying a contiguous 
deposit of karst-bearing rock. Unit 16 is defined by Veni's 1994 karst 
zone maps as occurring almost entirely within Zone 1. The unit was 
delineated to encompass the majority of the contiguous Zone 1 karst 
deposit associated with the known occupied cave while maximizing the 
amount of undisturbed, unfragmented woodland surrounding the cave. The 
unit was enlarged to include additional woodland to compensate for 
internal fragmentation due to Loop 1604. We were unable to delineate 
the boundaries of the unit using roads or parcel boundaries due to 
their configuration and instead delineated the unit as a rectangle 
encompassing an approximately 36-ha area around the known occupied 
cave.

Unit 17

    Unit 17 consists of relatively large tracts of undeveloped woodland 
with only a few small private or county roads. Lands adjacent to the 
unit are also undeveloped and wooded. The unit contains one known 
occupied cave (Table 2) which, along with its associated preserve 
lands, has been excluded from this critical habitat designation. 
Madla's Cave and approximately 2 ha (5 ac) surrounding the cave have 
been acquired by La Cantera under their Section 10(a)(1)(B) permit 
which requires that the cave and the surrounding preserve lands be 
managed in perpetuity for the conservation of the listed species. Since 
these lands do not require additional special management, they have 
been excluded from critical habitat designation.
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around the known occupied cave, overlying a contiguous 
deposit of karst-bearing rock. Roughly half of Unit 17 is defined by 
Veni's 1994 karst zone maps as occurring within Zone 1. The unit was 
delineated to encompass the majority of the contiguous Zone 1 karst 
deposit associated with the known occupied caves while maximizing the 
amount of undisturbed, unfragmented woodland surrounding the cave. The 
unit boundaries were delineated along parcel boundaries.

Unit 18

    The northern portion of Unit 18 consists of relatively large, 
wooded tracts subdivided for residential development, the majority of 
which appear to be undeveloped. The southern portion of the unit is 
lined with developed residential lots. Unit 18 is bisected by one 
residential road. Adjacent lands to the west consist of relatively 
large residential tracts that appear to be currently undeveloped. The 
remaining sides are bordered by developed residential and commercial 
properties. Two caves known to contain listed species occur within Unit 
18 (Table 2).
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around the two known occupied caves, overlying contiguous 
deposits of karst-bearing rock. About half of Unit 18 is defined by 
Veni's 1994 karst zone maps as occurring within Zone 1. The unit was 
delineated to encompass the majority of the contiguous Zone 1 karst 
deposit associated with the known occupied caves while maximizing the 
amount of undisturbed, unfragmented woodland in the unit. The unit was 
enlarged to include additional woodland to compensate for internal 
fragmentation due to existing residential development within the unit. 
The unit boundaries were delineated along parcel boundaries and 
existing roads.

Unit 19

    The majority of the land within Unit 19 has been developed for 
residential and/or commercial uses. Unit 19 is bordered to the east by 
Stone Oak Road, a major roadway, and to the south by Loop 1604, also a 
major roadway. However, several undeveloped areas exist on lands 
adjacent to the unit to the northwest. Genesis Cave, the only known 
occupied cave within this unit (Table 1), is the deepest explored cave 
in Bexar County, extending below the water table, and has been mapped 
down to 78 m (256 ft) (Veni 1988).
    The majority of Unit 19 is defined by Veni's 1994 karst zone maps 
as occurring within Zone 1. The unit was delineated to encompass the 
majority of the contiguous Zone 1 karst deposit associated with the 
known occupied cave. The unit boundaries were delineated along parcel 
boundaries and existing roads.
    Surface vegetation within Unit 19 has been significantly reduced 
and degraded as a result of urban development, and intensive management 
may be needed to

[[Page 55080]]

provide nutrients and water to the listed species in this cave. Lands 
within this unit do not contain the primary constituent element of a 
healthy surface community of native vegetation. Therefore, this unit is 
being designated as critical habitat based on the presence of an intact 
subsurface environment.

Unit 20

    Numerous residential roads and one major roadway, Nacogdoches Road, 
occur within and/or cross Unit 20. This unit contains one known 
occupied cave, Robber Baron Cave (Table 2). This cave is by far the 
longest cave in Bexar County consisting of approximately 1.51 km (0.94 
mi) of passages known within a square area approximately 100 m (328 ft) 
on each side (Veni 1988). Prior to the extensive development that has 
occurred in the area, the cave's footprint was estimated to extend at 
least 100 m (328 ft) farther east to a water well, 600 m (1,969 ft) 
southwest to a now-sealed, extensive maze cave and about 1.2 km (0.75 
mi) to the southwest to another well (Veni 1988). The estimated 
footprint of the cave now extends underneath numerous residential and 
commercial developments. Intensive management may be needed to provide 
nutrients and water to the two listed species found in this cave which 
are only known from Robber Baron Cave, making it essential to the 
conservation of these species. The Texas Cave Management Association 
(TCMA) now owns and manages the cave and about 0.2 ha (0.5 ac) 
surrounding the opening. TCMA, in cooperation with the Service's 
Partners for Fish and Wildlife Program, is currently working to replace 
the existing cave gate, which consists of a concrete bunker created to 
deter access, with a new gate that will facilitate exchange of air and 
nutrients into the cave as well as restrict access. TCMA also plans to 
restore the grounds immediately surrounding Robber Baron Cave to a more 
natural state and repair the perimeter fence to regulate access.
    The majority of Unit 20 is defined by Veni's 1994 karst zone maps 
as occurring within Zone 1. The unit was delineated to encompass the 
estimated extent of the cave's subsurface drainage according to Veni 
(1997) and a majority of the contiguous Zone 1 karst deposit associated 
with Robber Baron Cave. The unit boundaries were delineated along 
parcel boundaries and existing roads.
    Surface vegetation within Unit 20 has been significantly reduced 
and degraded as a result of urban development. Lands within this unit 
do not contain the primary constituent element of a healthy surface 
community of native vegetation. Therefore, this unit is being 
designated as critical habitat based on the presence of an intact 
subsurface environment.

Unit 21

    Unit 21 consists of several large tracts of undeveloped land and 
several smaller tracts developed with homes and several residential 
roads. Mud Creek runs through the unit. Three caves known to contain 
listed species occur with Unit 21 (Table 2).
    This unit was delineated to encompass at least 36 ha (90 ac) of 
vegetation around the three known occupied caves, overlying contiguous 
deposits of karst-bearing rock. Unit 21 is defined by Veni's 1994 karst 
zone maps as occurring within Zone 2. The unit was delineated to 
encompass the majority of the contiguous karst deposit associated with 
the known occupied caves while maximizing the amount of undisturbed, 
unfragmented woodland surrounding the cave. The unit was enlarged to 
include additional woodland to compensate for internal fragmentation 
due to existing residential development within the unit. We were unable 
to delineate the boundaries of the unit using roads or parcel 
boundaries due to their configuration and instead delineated the unit 
as a rectangle encompassing an approximately 36-ha area around each of 
the three known occupied caves.

Effects of Critical Habitat Designation

Section 7  Consultation

    Section 7(a)(2) of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out do 
not destroy or adversely modify critical habitat. Destruction or 
adverse modification occurs when a Federal action directly or 
indirectly alters critical habitat to the extent that it appreciably 
diminishes the value of the critical habitat for both the survival and 
recovery of the species. Individuals, organizations, States, local 
governments, and other non-Federal entities are affected by the 
designation of critical habitat only if their actions occur on Federal 
lands, require a Federal permit, license, or other authorization, or 
involve Federal funding.
    Section 7(a)(2) 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 designated or proposed. Activities on Federal lands that may 
affect the listed karst invertebrates or their proposed critical 
habitat will require section 7 consultation with the Service. Actions 
on private or State lands receiving funding or requiring a permit from 
a Federal agency also will be subject to the section 7 consultation 
process if the action may affect proposed critical habitat. Federal 
actions not affecting the species or its proposed critical habitat, as 
well as actions on non-Federal lands that are not federally funded or 
permitted will not require section 7 consultation. Regulations 
implementing this interagency cooperation provision of the Act are 
codified at 50 CFR part 402.
    Section 7(a)(4) of the Act requires Federal agencies to confer on 
any action likely to jeopardize the continued existence of a species 
proposed for listing or result in destruction or adverse modification 
of proposed critical habitat. Conference reports provide conservation 
recommendations to assist the agency in eliminating conflicts that may 
be caused by the proposed action. The conservation recommendations are 
advisory. We may issue a formal conference report, if requested by the 
Federal action agency. Formal conference reports include an opinion 
that is prepared according to 50 CFR 402.14, as if the species was 
listed or critical habitat was designated. We may adopt the formal 
conference report as the biological opinion when the species is listed 
or critical habitat is designated, if no substantial new information or 
changes in the action alter the content of the opinion (see 50 CFR 
402.10(d)).
    If a species is listed or critical habitat is designated, section 
7(a)(2) of the Act requires Federal agencies to ensure that actions 
they authorize, fund, or carry out are unlikely 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 (action agency) 
must enter into consultation with us. Through this consultation, the 
Federal agency would ensure that the permitted actions do not destroy 
or adversely modify critical habitat.
    If we issue a biological opinion, resulting from a section 7 
consultation, concluding that a Federal action is likely to result in 
the destruction or adverse modification of critical habitat, we would 
also provide reasonable and prudent alternatives to the action, if any 
are identifiable. Reasonable and prudent alternatives are defined at 50 
CFR 402.02 as alternative actions identified during consultation that 
can be implemented in a manner consistent with the intended purpose of 
the action, that are consistent with the scope of the

[[Page 55081]]

Federal agency's legal authority and jurisdiction, that are 
economically and technologically feasible, and that the Service's 
Director believes would avoid destruction or adverse modification of 
critical habitat.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions in instances where critical 
habitat is subsequently designated and the Federal agency has retained 
discretionary involvement or control over the action or such 
discretionary involvement or control is authorized by law. 
Consequently, some Federal agencies may request reinitiation of 
consultation with us on actions for which formal consultation has been 
completed if those actions may affect designated critical habitat.
    Activities on Federal lands that may adversely affect any of the 
nine karst invertebrates or their critical habitat will require section 
7 consultation. Activities on private or State lands requiring a permit 
from a Federal agency, such as a permit from the U.S. Army Corps of 
Engineers (ACOE) under section 404 of the Clean Water Act or a 
Construction General permit from the U.S. Environmental Protection 
Agency, or some other Federal action, including funding (for example, 
from the Federal Highway Administration, Federal Aviation 
Administration, Federal Emergency Management Agency (FEMA), Natural 
Resources Conservation Service (NRCS), or Housing and Urban Development 
(HUD)) will also continue to be subject to the section 7 consultation 
process. Federal actions not adversely affecting listed species or 
critical habitat and actions on non-Federal lands that are not 
federally funded or permitted do not require section 7 consultation.
    Section 4(b)(8) of the Act requires us to evaluate briefly in any 
proposed or final regulation that designates critical habitat those 
activities involving a Federal action that may adversely modify such 
habitat or that may be affected by such designation. Activities that 
may result in the destruction or adverse modification of critical 
habitat include those that alter the primary constituent elements to an 
extent that the value of critical habitat for the survival and recovery 
of any of the nine karst invertebrates is appreciably reduced. 
Activities that may directly or indirectly adversely affect critical 
habitat for these karst invertebrates include, but are not limited to:
    (1) Removing, thinning, or destroying perennial surface vegetation, 
with the exception of landscaping associated with existing human-
constructed, above ground, impervious structures, occurring in any 
critical habitat unit, whether by burning, mechanical, chemical, or 
other means (for example, wood cutting, grading, overgrazing, 
construction, road building, mining, herbicide application);
    (2) Alteration of the surface topography or subsurface geology 
within any critical habitat unit that results in significant disruption 
of ecosystem processes that sustain the cave environment. This may 
include, but is not limited to, such activities as filling cave 
entrances or otherwise reducing airflow, which limits oxygen 
availability; modifying cave entrances, or creating new entrances that 
increases airflow and results in drying; altering natural drainage 
patterns (surface or subsurface) that alters the amount of water 
entering the cave or karst feature; removal or disturbance of native 
surface vegetation; soil disturbance that results in increased 
sedimentation in the karst environment; increasing impervious cover 
within any critical habitat unit; and altering the entrance or opening 
of the cave or karst feature in a way that would disrupt movements of 
raccoons, opossums, cave crickets, or other animals that provide 
nutrient input; or otherwise negatively altering the movement of 
nutrients into the cave or karst feature;
    (3) Discharge or dumping of chemicals, silt, pollutants, household 
or industrial waste, or other harmful material into or near critical 
habitat units that may affect surface plant and animal communities that 
support karst ecosystems;
    (4) Pesticide or fertilizer application in or near critical habitat 
units that drain into these karst features or that affect surface plant 
and animal communities that support karst ecosystems. Careful use of 
pesticides in the vicinity of karst features may be necessary in some 
instances to control nonnative fire ants. Guidelines for controlling 
fire ants in the vicinity of karst features are available from us (see 
ADDRESSES section);
    (5) Activities within caves that lead to soil compaction, changes 
in atmospheric conditions, abandonment of the cave by bats or other 
fauna; and
    (6) Activities that attract or increase access for fire ants, 
cockroaches, or other invasive predators, competitors or potential 
vectors for diseases or parasites into caves or karst features within 
the critical habitat units (for example, dumping of garbage in or 
around caves or karst features).
    Not all of the identified activities will necessarily result in the 
adverse modification of critical habitat, however, they indicate the 
potential types of activities that will require section 7 consultation 
in the future and, therefore, that may be affected by the proposed 
designation of critical habitat. To properly portray the effects of 
critical habitat designation, we must compare the section 7 
requirements for actions that may affect critical habitat with the 
requirements for actions that may affect a listed species. All of the 
areas proposed as critical habitat units are known to contain one or 
more caves occupied by one or more of the listed karst invertebrates. 
Therefore, all of the actions described above as potentially adversely 
affecting critical habitat are also likely to adversely affect the 
listed species. Federal agencies are already required to consult with 
us on activities in areas where the species may be affected to ensure 
that their actions do not jeopardize the continued existence of the 
species. Therefore, we do not expect that the proposed designation of 
critical habitat will result in a significant regulatory burden above 
that already in place due to the presence of the listed species.
    If you have questions regarding whether specific activities would 
constitute adverse modification of critical habitat, please contact the 
Acting Field Supervisor, Austin Ecological Services Field Office (see 
the FOR FURTHER INFORMATION CONTACT section). Requests for copies of 
the regulations on listed wildlife and plants, and inquiries about 
prohibitions and permits, should be directed to the U.S. Fish and 
Wildlife Service, Endangered Species Act Section 10 Program (see 
ADDRESSES section).

Exclusions Under Section 3(5)(A) Definition

    Critical habitat is defined in section 3, paragraph (5)(A) of the 
Act as--(i) the specific areas within the geographic area occupied by a 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features (I) essential to the 
conservation of the species and (II) that may require special 
management considerations or protection; and, (ii) specific areas 
outside the geographic area occupied by a species at the time it is 
listed, upon a determination that such areas are essential for the 
conservation of the species. Special management and protection are not 
required if adequate management and protection are already in place. 
Adequate special management or protection is provided by a legally 
operative plan/agreement that addresses the maintenance and improvement 
of the primary constituent elements

[[Page 55082]]

important to the species and manages for the long-term conservation of 
the species. If any areas containing the primary constituent elements 
are currently being managed to address the conservation needs of any of 
the nine karst invertebrate species and do not require additional 
management or protection, we may exclude such areas from the proposed 
rule because they would not meet the definition of critical habitat in 
section 3(5)(A)(i) of the Act.
    We will use the following three guidelines to determine if a plan 
provides adequate management or protection--(1) A current plan 
specifying the management actions must be complete and provide 
sufficient conservation benefit to the species; (2) the plan must 
provide assurances that the conservation management strategies will be 
implemented; and (3) the plan must provide assurances that the 
conservation management strategies will be effective.
    In determining if management strategies are likely to be 
implemented, we will consider whether: (1) A management plan or 
agreement exists that specifies the management actions being 
implemented or to be implemented; (2) there is a timely schedule for 
implementation; (3) there is a high probability that the funding 
source(s) or other resources necessary to implement the actions will be 
available; and (4) the party(ies) have the authority and long-term 
commitment to the agreement or plan to implement the management 
actions, as demonstrated, for example, by a legal instrument providing 
enduring protection and management of the lands.
    In determining whether an action is likely to be effective, we will 
consider whether: (1) The plan specifically addresses the management 
needs, including reduction of threats to the species; (2) such actions 
have been successful in the past; (3) there are provisions for 
monitoring and assessment of the effectiveness of the management 
actions; and (4) adaptive management principles have been incorporated 
into the plan.
    Adequate reduction of the threat from non-native invasive species 
(for example, non-native fire ants), that are already present, adjacent 
to, and/or within some caves may, to some extent, require different 
management activities. Although difficult for managers to control at 
this time, control of non-native fire ant populations is one 
requirement in determining whether an area is being adequately managed 
such that it does not meet the definition of critical habitat.
    In selecting areas to be designated as critical habitat, we 
attempted to exclude areas that have a plan that addresses the 
conservation needs of any of the nine karst invertebrate species and 
that meets the guidelines described above. We determined that the five 
karst preserves established by La Cantera as required by their section 
10(a)(1)(B) permit should be excluded based on the guidelines given 
above. These karst preserves include Canyon Ranch preserve (including 
Canyon Ranch Pit, Fat Man's Nightmare Cave, and Scenic Overlook Cave 
and the surrounding approximately 30 ha (75 ac) (within Unit 1e); 
Helotes Blowhole and Helotes Hilltop caves and the surrounding 
approximately 10 ha (25 ac) (within Unit 3); John Wagner Cave No. 3 and 
the surrounding approximately 1.6 ha (4 ac) (within Unit 6); Hills and 
Dales Pit and the surrounding approximately 28 ha (70 ac) (within Unit 
8); and Madla's Cave and the surrounding approximately 2 ha (5 ac) 
(within Unit 17). As required under their permit, La Cantera purchased 
these lands through conservation easement and/or fee simple title and 
will ensure that they will be protected in perpetuity and managed in 
accordance with the conservation needs of the species.
    We did not exclude areas that do not have a plan that provides 
adequate management or protection as described under the guidelines 
above. Camp Bullis submitted a draft management plan to the Service for 
the 23 caves on DOD property that are known to contain listed species. 
These 23 caves are included within 2 proposed critical habitat units 
(Units 10 and 11). The Service is currently working with Camp Bullis to 
determine management needed to adequately protect the species and its 
habitat. Therefore, caves on Camp Bullis were not excluded from the 
proposed critical habitat designation. It is our understanding that the 
proposed management plan is currently being revised.
    If a management plan for Camp Bullis or other areas proposed as 
critical habitat (for example, Government Canyon State Natural Area), 
that addresses the above requirements, can be completed and approved by 
us prior to the end of the public comment period for this proposed 
rule, these areas will not be included in the final critical habitat 
designation.
    We are unaware of any other lands within the proposed critical 
habitat units that have a written plan for the conservation of these 
species that could have been evaluated for exclusion under section 
3(5)(A) of the Act.

Exclusions Under Section 4(b)(2)

    Section 4(b)(2) of the Act requires that we designate critical 
habitat on the basis of the best scientific and commercial information 
available, and that we consider the economic and other relevant impacts 
of designating a particular area as critical habitat. We may exclude 
areas from critical habitat designation if the benefits of exclusion 
outweigh the benefits of designation, provided the exclusion will not 
result in the extinction of the species. We will conduct an economic 
analysis for this proposal prior to making a final determination. When 
completed, we will announce the availability of the draft economic 
analysis with a notice in the Federal Register, and we will provide at 
least a 30-day public comment period on the draft economic analysis 
which may fall during or after the 90-day comment period for this 
proposed rule.

Public Comments Solicited

    We intend that any final action resulting from this proposal be as 
accurate and as effective as possible. Therefore, we solicit comments 
or suggestions from the public, other concerned governmental agencies, 
the scientific community, industry, or any other interested party 
concerning this proposed rule. We are particularly interested in 
comments concerning:
    (1) The reasons why any area should or should not be determined to 
be critical habitat as provided by section 4 of the Act, including 
whether the benefits of designation will outweigh any threats to the 
species due to designation;
    (2) Specific information on the distribution of each of the nine 
karst invertebrates, and what areas are essential to the conservation 
of these species and why;
    (3) Whether lands within proposed critical habitat units are 
currently being managed to address the conservation needs of these 
listed species
    (4) Land use practices and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat;
    (5) Any foreseeable economic or other impacts resulting from the 
proposed designation of critical habitat, in particular, any impacts on 
small entities or families;
    (6) Economic and other values associated with designating critical 
habitat for the nine karst invertebrates, such as those derived from 
non-consumptive uses (such as, hiking, sight-seeing, enhanced watershed 
protection, improved air quality,

[[Page 55083]]

increased soil retention, ``existence values,'' and reductions in 
administrative costs).
    If you wish to comment, you may submit your comments and materials 
concerning this proposal by any one of several methods (see ADDRESSES 
section).
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Respondents may request that we withhold their home 
address, which we will honor to the extent allowable by law. If you 
wish us to withhold your name and/or address, you must state this 
request prominently at the beginning of your comment. However, we will 
not consider anonymous comments. To the extent consistent with 
applicable law, we will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety. Comments and materials 
received will be available for public inspection, by appointment, 
during normal business hours at the Austin Ecological Services Field 
Office, Austin, Texas (see ADDRESSES section).

Peer Review

    In accordance with our policy published on July 1, 1994 (59 FR 
34270), we will seek the expert opinions of at least three appropriate 
and independent individuals regarding this proposed rule. The purpose 
of such review is to ensure critical habitat decisions are based on 
scientifically sound data, assumptions, and analyses. We will send 
copies of this proposed rule to peer reviewers immediately following 
publication in the Federal Register. We will invite peer reviewers to 
comment, during the public comment period, on the specific assumptions 
and conclusions regarding the proposed designation of critical habitat.
    We will consider all comments and data received during the 90-day 
comment period on this proposed rule during preparation of final 
rulemaking. Accordingly, the final decision may differ from this 
proposal.

Clarity of the Rule

    Executive Order 12866 requires each agency to write regulations and 
notices that are easy to understand. We invite your comments on how to 
make this proposed rule easier to understand, including answers to 
questions such as the following: (1) Are the requirements in the 
proposed rule clearly stated? (2) Does the proposed rule contain 
technical language or jargon that interferes with the clarity? (3) Does 
the format of the proposed rule (grouping and order of sections, use of 
headings, paragraphing, etc.) aid or reduce its clarity? (4) Is the 
description of the proposed rule in the SUPPLEMENTARY INFORMATION 
section of the preamble helpful in understanding the document? (5) Is 
the background information useful and is the amount appropriate? (6) 
What else could we do to make the proposed rule easier to understand?
    Send a copy of any comments that concern how we could make this 
notice easier to understand to: Office of Regulatory Affairs, 
Department of the Interior, Room 7229, 1849 C Street, NW., Washington, 
DC 20240. You may also e-mail comments to [email protected].

Required Determinations

Regulatory Planning and Review

Executive Order 12866

    In accordance with Executive Order (E.O.) 12866, this document is a 
significant rule and has been reviewed by the Office of Management and 
Budget (OMB) in accordance with the four criteria discussed below. We 
are preparing a draft economic analysis of this proposed action, which 
will be available for public comment, to determine the economic 
consequences of designating specific areas as critical habitat. The 
availability of the draft economic analysis will be announced in the 
Federal Register so that it is available for public review and comment.
    (a) While we will prepare an economic analysis to assist us in 
considering whether areas should be excluded from critical habitat 
designation pursuant to section 4 of the Act, we do not believe this 
rule will have an annual effect on the economy of $100 million or more 
or adversely affect in a material way the economy, a sector of the 
economy, productivity, jobs, the environment, public health or safety, 
or State, local or tribal communities. Therefore, we do not believe a 
cost benefit and economic analysis pursuant to E.O. 12866 is required.
    Under the Act, critical habitat may not be adversely modified by a 
Federal agency action; critical habitat does not impose any 
restrictions on non-Federal persons unless they are conducting 
activities funded or otherwise sponsored or permitted by a Federal 
agency. Section 7 of the Act requires Federal agencies to ensure that 
they do not jeopardize the continued existence of the species.
    Accordingly, we do not expect the designation of areas as critical 
habitat that are within the geographical range occupied by the species 
to have any incremental impacts on what actions may or may not be 
conducted by Federal agencies or non-Federal persons that receive 
Federal authorization or funding. The designation of areas as critical 
habitat where section 7 consultations would not have occurred but for 
the critical habitat designation may have impacts on what actions may 
or may not be conducted by Federal agencies or non-Federal persons who 
receive Federal authorization or funding that are not attributable to 
the species listing. We will evaluate any impact through our economic 
analysis (under section 4 of the Act: see the ``Exclusions Under 
Section 4(b)(2)'' section of this rule). Non-Federal persons who do not 
have a Federal sponsorship of their actions are not restricted by the 
designation of critical habitat.
    (b) We do not believe this rule would create inconsistencies with 
other agencies' actions. As discussed above, Federal agencies have been 
required to ensure that their actions not jeopardize the continued 
existence of the nine karst invertebrates since their listing on 
December 26, 2000. We will evaluate any additional impact through our 
economic analysis. Because of the potential for impacts on other 
Federal agencies activities, we will continue to review this proposed 
action for any inconsistencies with other Federal agencies actions.
    (c) We do not believe this rule, if made final, would materially 
affect entitlements, grants, user fees, loan programs, or the rights 
and obligations of their recipients. Federal agencies are currently 
required to ensure that their activities do not jeopardize the 
continued existence of a listed species, and, as discussed above, we 
will evaluate any additional impacts through an economic analysis.
    (d) OMB has determined that this rule raises novel legal or policy 
issues and, as a result, this rule has undergone OMB review.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish a notice 
of rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that

[[Page 55084]]

describes the effects of the rule on small entities (such as, small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
the agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities. SBREFA amended the 
Regulatory Flexibility Act (RFA) to require Federal agencies to provide 
a statement of the factual basis for certifying that the rule will not 
have a significant economic impact on a substantial number of small 
entities. SBREFA also amended the RFA to require a certification 
statement. In today's rule, we are certifying that the rule will not 
have a significant economic impact on a substantial number of small 
entities. The following discussion explains our rationale.
    According to the Small Business Association, small entities include 
small organizations, such as independent non-profit organizations, and 
small governmental jurisdictions, including school boards and city and 
town governments that serve fewer than 50,000 residents, as well as 
small businesses. Small businesses include manufacturing and mining 
concerns with fewer than 500 employees, wholesale trade entities with 
fewer than 100 employees, retail and service businesses with less than 
$5 million in annual sales, general and heavy construction businesses 
with less than $27.5 million in annual business, special trade 
contractors doing less than $11.5 million in annual business, and 
agricultural businesses with annual sales less than $750,000. To 
determine if potential economic impacts to these small entities are 
significant, we consider the types of activities that might trigger 
regulatory impacts under this rule as well as the types of project 
modifications that may result. In general, the term significant 
economic impact is meant to apply to a typical small business firm's 
business operations.
    To determine if the rule would affect a substantial number of small 
entities, we consider the number of small entities affected within 
particular types of economic activities (for example, housing 
development, grazing, oil and gas production, timber harvesting, etc.). 
We apply the ``substantial number'' test individually to each industry 
to determine if certification is appropriate. In some circumstances, 
especially with proposed critical habitat designations of very limited 
extent, we may aggregate across all industries and consider whether the 
total number of small entities affected is substantial. In estimating 
the numbers of small entities potentially affected, we also consider 
whether their activities have any Federal involvement; some kinds of 
activities are unlikely to have any Federal involvement and so will not 
be affected by critical habitat designation.
    Designation of critical habitat only affects activities conducted, 
funded, or permitted by Federal agencies; non-Federal activities may be 
affected to the extent that there is a Federal nexus associated with 
the non-Federal activity. An example of this nexus would be if a non-
Federal activity required a Federal permit. In areas where the species 
is present, Federal agencies are already required to consult with us 
under section 7 of the Act on activities that they fund, permit, or 
implement that may affect any of the nine karst invertebrates. If this 
critical habitat designation is finalized, Federal agencies must also 
consult with us if their activities may affect designated critical 
habitat. However, we do not believe this will result in any additional 
regulatory burden on Federal agencies or their applicants where 
consultation would already be required due to the presence of the 
listed species, because the duty to avoid adverse modification of 
critical habitat would not likely trigger additional regulatory impacts 
beyond the duty to avoid jeopardizing the species.
    Even if the duty to avoid adverse modification does not trigger 
additional regulatory impacts in areas where the species is present, 
designation of critical habitat could result in an additional economic 
burden on small entities due to the requirement to conduct a 
reinitiation of a past section 7 consultation to conduct an adverse 
modification analysis. Since the species were listed on December 26, 
2000, the only formal section 7 consultation has been an intra-Service 
consultation on the La Cantera HCP. However, we did not include the 
caves that La Cantera received take coverage for under their section 10 
permit in the proposed critical habitat designation, so reinitiation of 
the intra-Service section 7 consultation as a result of this proposed 
designation is not necessary.
    In areas where the species is not present, designation of critical 
habitat could trigger additional review of Federal activities under 
section 7 of the Act. Since the species were listed on December 26, 
2000, the only formal section 7 consultation has been an intra-Service 
consultation on the La Cantera HCP. For the purposes of this review and 
certification under the RFA, we are assuming that any future 
consultations in the area proposed as critical habitat will be due to 
the listing of the species and the critical habitat designation.
    One of the proposed critical habitat units (Unit 11) and a portion 
of another (Unit 10) are located on Federal lands. Units 1a, 1b, 1c and 
1d are located on GCSNA which is owned and managed by TPWD and Unit 9 
is owned by the University of Texas at San Antonio (Table 2). On State 
lands, activities with no Federal involvement would not be affected by 
the critical habitat designation.
    Sixteen of the twenty-five units in the proposed designation 
consist entirely of privately-owned lands and four include some private 
lands within the unit (Table 2). On private lands, activities that lack 
Federal involvement would not be affected by the critical habitat 
designation.
    In Texas, previous consultations under section 7 of the Act between 
us and other Federal agencies most frequently involve the U.S. 
Department of Transportation (DOT), the ACOE, and the Environmental 
Protection Agency (EPA).
    In general, two different mechanisms in section 7 consultations 
could lead to additional regulatory requirements. First, if we conclude 
in a biological opinion that a proposed action is likely to jeopardize 
the continued existence of a species or adversely modify its critical 
habitat, we can offer ``reasonable and prudent alternatives.'' 
Reasonable and prudent alternatives are alternative actions that can be 
implemented in a manner consistent with the scope of the Federal 
agency's legal authority and jurisdiction, that are economically and 
technologically feasible, and that would avoid jeopardizing the 
continued existence of listed species or resulting in adverse 
modification of critical habitat. A Federal agency and an applicant may 
elect to implement a reasonable and prudent alternative associated with 
a biological opinion that has found jeopardy or adverse modification of 
critical habitat. An agency or applicant could alternatively choose to 
seek an exemption from the requirements of the Act or proceed without 
implementing the reasonable and prudent alternative. However, unless an 
exemption were obtained, the Federal agency or applicant would be at 
risk of violating section 7(a)(2) of the Act if it chose to proceed 
without implementing the reasonable and prudent alternatives. Secondly, 
if we find that a proposed action is not likely to jeopardize the 
continued existence of a listed animal species, we may identify 
reasonable and prudent measures designed to minimize the amount or 
extent of take and require the Federal agency or applicant to

[[Page 55085]]

implement such measures through non-discretionary terms and conditions. 
We may also identify discretionary conservation recommendations 
designed to minimize or avoid the adverse effects of a proposed action 
on listed species or critical habitat, help implement recovery plans, 
or develop information that could contribute to the recovery of the 
species.
    Based on our experience with section 7 consultations for all listed 
species, virtually all projects-including those that, in their initial 
proposed form, would result in jeopardy or adverse modification 
determinations in section 7 consultations-can be implemented 
successfully with, at most, the adoption of reasonable and prudent 
alternatives. These measures, by definition, must be economically 
feasible and within the scope of authority of the Federal agency 
involved in the consultation.
    In summary, we have considered whether this proposed rule would 
result in a significant economic impact on a substantial number of 
small entities and find that it would not. The entire designation 
involves approximately 3,857 ha (9,516 ac) within 25 units, of which 
approximately 1,620 ha (4,000 ac) is under federal ownership and 
approximately 284 ha (700 ac) is under State ownership. The majority of 
the remaining acreage is under private ownership, but includes City of 
San Antonio park lands, and City, County and State right of ways, 
roads, and municipal lands. However, probable future land uses in these 
areas are expected to have a Federal nexus or require section 7 
consultation (for example, road and utility development projects, water 
crossings, etc.). These projects may require Federal permits. In these 
areas, Federal involvement--and thus section 7 consultations, the only 
trigger for economic impact under this rule--would be limited to a 
subset of the area proposed. The most likely Federal involvement would 
be associated with activities involving the DOD, Federal Highways 
Administration (FHA), DOT, the EPA, ACOE, or the FEMA. This rule may 
result in project modifications when proposed Federal activities would 
destroy or adversely modify critical habitat. While this may occur, it 
is not expected frequently enough to affect a substantial number of 
small entities. Even when it does occur, we do not expect it to result 
in a significant economic impact since we expect that most proposed 
projects, with or without modification, can be implemented in such a 
way as to avoid adversely modifying critical habitat, as the measures 
included in reasonable and prudent alternatives must be economically 
feasible and consistent with the proposed action. We are certifying 
that the proposed designation of critical habitat for the nine 
endangered Bexar County invertebrate species will not have a 
significant economic impact on a substantial number of small entities 
and that this proposed rule does not meet the criteria under SBREFA as 
a major rule: Therefore an initial regulatory flexibility analysis is 
not required.

Executive Order 13211

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. Although this rule is 
a significant action under Executive Order 12866, it is not expected to 
significantly affect energy supplies, distribution, or use since the 
majority of the lands being proposed as critical habitat occur on 
privately owned lands that are primarily developed for agricultural and 
residential uses, and not energy production or distribution. Therefore, 
this action is not a significant energy action and no Statement of 
Energy Effects is required.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
August 25, 2000 et seq.):
    a. This rule, as proposed, will not ``significantly or uniquely'' 
affect small governments. A Small Government Agency Plan is not 
required. Small governments will be affected only to the extent that 
any programs having Federal funds, permits, or other authorized 
activities must ensure that their actions will not adversely affect the 
critical habitat. However, as discussed above, these actions are 
currently subject to equivalent restrictions through the listing 
protections of the species, and no further restrictions are anticipated 
to result from critical habitat designation of occupied areas. In our 
economic analysis, we will evaluate any impact of designating areas 
where section 7 consultations would not have occurred but for the 
critical habitat designation.
    b. This rule, as proposed, will not produce a Federal mandate on 
State, local, or tribal governments or the private sector of $100 
million or greater in any year; that is, it is not a ``significant 
regulatory action'' under the Unfunded Mandates Reform Act. The 
designation of critical habitat imposes no obligations on State or 
local governments.

Takings

    In accordance with Executive Order 12630 (``Government Actions and 
Interference with Constitutionally Protected Private Property 
Rights''), we have analyzed the potential takings implications of the 
proposed listing and designation of critical habitat for these nine 
karst invertebrates. The takings implications assessment concludes that 
this proposed rule does not pose significant takings implications. A 
copy of this assessment is available by contacting the U.S. Fish and 
Wildlife Service, Austin Ecological Services Field Office (see 
ADDRESSES section).

Federalism

    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. As discussed above, the designation of critical habitat in 
areas currently occupied by the nine endangered karst invertebrates 
would have little incremental impact on State and local governments and 
their activities. The designations may have some benefit to these 
governments in that the areas essential to the conservation of these 
species are more clearly defined, and the primary constituent elements 
of the habitat necessary to the survival of the species are identified. 
While this designation does not alter where and what federally 
sponsored activities may occur, it may assist these local governments 
in long-range planning rather than waiting for case-by-case section 7 
consultation to occur.

Civil Justice Reform

    In accordance with E.O. 12988, the Department of the Interior's 
Office of the Solicitor has determined that this proposed rule does not 
unduly burden the judicial system and meets the requirements of 
sections 3(a) and 3(b)(2) of the Order. We propose to designate 
critical habitat in accordance with the provisions of the Act, and will 
plan public hearings on the proposed designation during the comment 
period, if requested. We plan to hold at least one public hearing and 
the date for this hearing will be published in separate notice. We also 
plan to hold an informational meeting in Bexar County on September 10, 
2002. This meeting will take place from 6 pm to 7:30 pm at the Great 
Northwest Library, 9050 Wellwood, San Antonio, Texas. We will send 
letters inviting all interested individuals to attend and will 
advertise the meeting in the area newspaper. The

[[Page 55086]]

rule uses standard property descriptions and identifies the primary 
constituent elements within the designated areas to assist the public 
in understanding the habitat needs of the nine endangered karst 
invertebrates.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain any information collection requirements 
for which OMB approval under the Paperwork Reduction Act is required. 
Information collections associated with Endangered Species permits are 
covered by an existing OMB approval, which is assigned control number 
1018-0094 and which expires on July 31, 2004. An agency may not conduct 
or sponsor, and a person is not required to respond to a collection of 
information unless it displays a valid OMB Control Number.

National Environmental Policy Act

    We have determined that an Environmental Assessment or an 
Environmental Impact Statement as defined by 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 as 
amended. A notice outlining our reason for this determination was 
published in the Federal Register on October 25, 1983 (48 FR 49244). 
This proposed rule does not constitute a major Federal action 
significantly affecting the quality of the human environment.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
readily acknowledge our responsibility to communicate meaningfully with 
recognized Federal Tribes on a Government-to-Government basis. The 
proposed designation of critical habitat for the nine karst 
invertebrates does not contain any Tribal lands or lands that we have 
identified as impacting Tribal trust resources.

References Cited

    A complete list of all references cited in this proposed rule is 
available, upon request, from the U.S. Fish and Wildlife Service, 
Austin Ecological Services Field Office (see ADDRESSES section).

Author

    This rule was prepared by the U.S. Fish and Wildlife Service, 
Austin Ecological Services Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, 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. In Sec. 17.11(h) revise the entries for Beetle, Helotes mold; 
Beetle [no common name] (Rhadine exilis); and Beetle [no common name] 
(Rhadine infernalis) under ``INSECTS'; remove the entries for 
Harvestman, Robber Baron Cave; Spider, Government Canyon Cave; Spider, 
Madla's Cave; Spider [no common name] (Cicurina venii); Spider, Robber 
Baron Cave; and Spider, vesper cave; and add entrees for Harvestman, 
Cokendolpher cave; Meshweaver, Braken Bat Cave; Meshweaver, Government 
Canyon Bat Cave; Meshweaver, Madla Cave; Meshweaver, Robber Baron Cave; 
and Spider, Government Canyon Bat Cave under ``ARACHNIDS'' to read as 
follows:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Species
--------------------------------------------------------------------------  Historic range     Vertebrate     Status      When     Critical     Special
                Common name                        Scientific name                                \1\                    listed     habitat      rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
         *                  *                  *                  *                  *                  *                  *                  *
INSECTS
         *                  *                  *                  *                  *                  *                  *                  *
Beetle, Helotes mold......................  Batrisodes venyivi...........      U.S.A. (TX)           NA            E        706    19.95(i)          NA
         *                  *                  *                  *                  *                  *                  *                  *
Beetle, [no common name]..................  Rhadine exilis...............      U.S.A. (TX)           NA            E        706    19.95(i)          NA
Beetle, [no common name]..................  Rhadine infernalis...........      U.S.A. (TX)           NA            E        706    19.95(i)          NA
         *                  *                  *                  *                  *                  *                  *                  *
ARACHNIDS
         *                  *                  *                  *                  *                  *                  *                  *
Harvestman, Cokendolpher Cave.............  Texella cokendolpher.........      U.S.A. (TX)           NA            E        706    19.95(g)          NA
Meshweaver, Braken Bat Cave...............  Cicurina venii...............      U.S.A. (TX)           NA            E        706    19.95(g)          NA
Meshweaver, Government Canyon Bat Cave....  Cicurina vespera.............      U.S.A. (TX)           NA            E        706    19.95(g)          NA
Meshweaver, Madia Cave....................  Cicurina madla...............      U.S.A. (TX)           NA            E        706    19.95(g)          NA
Meshweaver, Robber Baron Cave.............  Cicurina baronia.............      U.S.A. (TX)           NA            E        706    19.95(g)          NA
         *                  *                  *                  *                  *                  *                  *                  *
Spider, Government Canyon Bat Cave........  Neoleptoneta microps.........      U.S.A. (TX)           NA            E        706    19.95(g)          NA
         *                  *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Vertebrate population where endangered or threatened.


[[Page 55087]]

    3. Amend Sec. 17.95 by adding, in the same alphabetical order as 
these species occur in Sec. 17.11(h):
    a. In paragraph (g), critical habitat for the Cokendolpher cave 
harvestman (Texella cokendolpheri);
    b. In paragraph (g), critical habitat for the Robber Baron Cave 
meshweaver (Cicurina baronia);
    c. In paragraph (g), critical habitat for the Madla Cave meshweaver 
(Cicurina madla);
    d. In paragraph (g), critical habitat for the Braken Bat Cave 
meshweaver (Cicurina venii);
    e. In paragraph (g), critical habitat for the Government Canyon Bat 
Cave meshweaver (Cicurina vespera);
    f. In paragraph (g), critical habitat for the Government Canyon Bat 
Cave spider (Neoleptoneta microps);
    g. In paragraph (i), critical habitat for the ground beetle (no 
common name), (Rhadine exilis);
    h. In paragraph (i), critical habitat for the ground beetle (no 
common name), (Rhadine infernalis); and
    i. In paragraph (i), critical habitat for the Helotes mold beetle 
(Batrisodes venyivi).


Sec. 17.95  Critical habitat--fish and wildlife.

* * * * *
    (g) Arachnids. * * *

Braken Bat Cave Meshweaver (Cicurina venii)

    (1) Critical habitat for the Braken Bat Cave meshweaver in Bexar 
County, Texas, occurs in Unit 15 which is described in the text and 
depicted on Maps 1 and 7 under the ground beetle (Rhadine infernalis). 
The primary constituent elements and the exclusion of existing 
structures and associated landscaping as described in paragraphs (2) 
and (3) under the ground beetle Rhadine exilis are identical for this 
species.

Cokendolpher Cave Harvestman (Texella cokendolpheri)

    (1) Critical habitat for the Cokendolpher cave harvestman occurs in 
Unit 20 as described below and depicted on Map 1 found under the ground 
beetle (Rhadine exilis) and Map 8 below. The primary constituent 
elements and exclusion of existing structures and associated 
landscaping as described in paragraphs (2) and (3) under the ground 
beetle Rhadine exilis are identical for this species.

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    (2) Surface vegetation within Unit 20 has been significantly 
reduced and degraded as a result of urban development. Lands within 
this unit do not contain the primary constituent element of a healthy 
surface community of native vegetation. Therefore, this unit is being 
designated as critical habitat based solely on the presence of an 
intact subsurface environment.
    (3) Unit 20--(160 ha (395 ac)): From a point at the intersection of 
Basse Road and Peter Baque Road (2136763, 13728730), north along the 
east side of Peter Baque Road, then east along the south side of Lorenz 
Road, then north along the east side of Broadway, and continuing east 
along the south side of East Sunset Road to a point at 2139684, 
13732380. From this point, north to Court Circle and continuing north 
along the east side of Court Circle, then east along the south side of 
Lawndale Avenue to New Braunfels and continuing north along the east 
side of New Braunfels to Oakhurst. From this point, east along the 
south side of Oakhurst to Nacogdoches, then north along the east side 
of Nacogdoches to Country and continuing east along the south side of 
Country to a point at 2142805, 13734290. From this point, south to a 
point at Woodridge Drive (2142796, 13733617), then continuing south 
along the west side of Woodridge Drive to Oakleaf Drive, then west 
along the north side of Oakleaf Drive to Woodbine, then continuing 
south along the west side of Woodbine to Larkwood Drive and continuing 
west along the north side of Larkwood to New Braunfels. From this 
point, south along the west side of New Braunfels to Robinhood Place 
and west along the north side of Robinhood Place to La Sombra, then 
continuing south on the west side of La Sombra to Claywell Drive. From 
this point, west along the north side of Claywell Drive to Nacogdoches 
and north along the east side of Nacogdoches to Basse Road, then 
continuing west along the north side of Basse Road to the point of 
origin.

Government Canyon Bat Cave Meshweaver (Cicurina vespera)

    (1) Critical habitat for the Government Canyon Bat Cave meshweaver 
in Bexar County, Texas, occurs in unit 1b which is described in the 
text and depicted on Maps 1 and 2 under the ground beetle (Rhadine 
exilis). The primary constituent elements and the exclusion of existing 
structures and associated landscaping as described in paragraphs (2) 
and (3) under the ground beetle Rhadine exilis are identical for this 
species.

Government Canyon Bat Cave Spider (Neoleptoneta microps)

    (1) Critical habitat for the Government Canyon Bat Cave Spider 
(Neoleptoneta microps) in Bexar County, Texas, occurs in units 1a and 
1b which are described in the text and depicted on Maps 1 and 2 under 
the ground beetle (Rhadine infernalis). The primary constituent 
elements and the exclusion of existing structures and associated 
landscaping as described in paragraphs (2) and (3) under the ground 
beetle Rhadine exilis are identical for this species.

Madla Cave Meshweaver (Cicurina madla)

    (1) Critical habitat for the Madla Cave meshweaver in Bexar County, 
Texas, occurs in units 2, 3, 5, 8, and 10 which are described under the 
ground beetle (Rhadine exilis) and Unit 17 which is described under the 
ground beetle (Rhadine infernalis). In addition, critical habitat for 
the Madla Cave meshweaver occurs in Unit 1c as described below. These 
units are depicted on Maps 1, 2, 3, 4, and 5 found under the ground 
beetle (Rhadine exilis). The primary constituent elements, the 
exclusion of existing structures and associated landscaping, and the 
exclusion of lands that do not meet the definition of critical habitat 
as described in paragraphs (2) and (3) under the ground beetle Rhadine 
exilis and paragraph (2) under the ground beetle Rhadine infernalis are 
identical for this species.
    (2) Unit 1c (47 ha (116 ac)): Unit consists of four boundary points 
with the following coordinates in Texas State Plane (South Central) in 
feet, referenced to North American Horizontal Datum 1983 (NAD 83): 
2049690.24023, 13758634.2779; 2047438.24023, 13758634.2779; 
2049690.24023, 13756382.2779; 2047438.24023, 13756382.2779.

Robber Baron Cave Meshweaver (Cicurina baronia)

    (1) Critical habitat for the Robber Baron Cave meshweaver in Bexar 
County, Texas, occurs in Unit 20 which is described in the text and 
depicted in Map 8 found under the Cokendolpher cave harvestman as well 
as Map 1 found under the ground beetle (Rhadine exilis). The criteria 
upon which Unit 20 was designated as described in paragraph (2) under 
Cokendolpher cave harvestman is identical for this species. The primary 
constituent elements and the exclusion of existing structures and 
associated landscaping as described in paragraphs (2) and (3) under the 
ground beetle (Rhadine exilis) are identical for this species.
* * * * *
    (i) Insects. * * *

Ground Beetle (No Common Name), (Rhadine exilis)

    (1) Critical habitat for the ground beetle (Rhadine exilis) in 
Bexar County, Texas, occurs in units 1b, 1e, 2, 3, 4, 5, 6, 7, 8, 9, 
10, 11, 12, 13, and 21 as described below and as depicted on Maps 1, 2, 
3, 4, 5, and 6 below. All coordinates are given in Texas State Plane 
(South Central) in feet, referenced to North American Horizontal Datum 
1983 (NAD 83). Coordinates were derived from recent digital 
orthophotographs.

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[[Page 55096]]

    (2) Within these areas the primary constituent elements include: 
(a) the physical features of karst-forming rock containing subterranean 
spaces with stable temperatures, high humidities (near saturation) and 
suitable substrates (for example, spaces between and underneath rocks 
suitable for foraging and sheltering), and (b) the biological features 
of a healthy surface community of native plants (for example, juniper-
oak woodland) and animals (for example, cave crickets) surrounding the 
karst feature that provides nutrient input and buffers the karst 
ecosystem from adverse effects (from, for example, non-native species 
invasions, contaminants, and fluctuations in temperature and humidity).
    (3) Existing human-constructed, above ground, impervious structures 
and associated landscaping within the boundaries of mapped units do not 
contain the primary constituent elements and are not considered to be 
critical habitat. Such features and structures include but are not 
limited to buildings, paved roads, and lawns. However, areas below 
ground under these structures and associated landscaping are considered 
to be critical habitat since subterranean spaces containing these 
species and/or transmitting moisture and nutrients through the karst 
ecosystem extend, in some cases, underneath these existing human-
constructed structures.
    (4) Seven caves and their associated preserve lands established 
under the La Cantera section 10(a)(1)(B) permit were excluded from the 
proposed critical habitat designation. These include Canyon Ranch Pit, 
Fat Man's Nightmare Cave, and Scenic Overlook Cave and the surrounding 
approximately 30 ha (75 ac) (within Unit 1e); Helotes Blowhole and 
Helotes Hilltop caves and the surrounding approximately 10 ha (25 ac) 
(within Unit 3); John Wagner Cave No. 3 and the surrounding 
approximately 4 acres (within Unit 6); Hills and Dales Pit and the 
surrounding approximately 28 ha (70 ac) (within Unit 8). As required 
under their permit, La Cantera purchased these karst preserves through 
conservation easement and/or fee simple title and will ensure that they 
will be preserved in perpetuity and managed in accordance with the 
conservation needs of the species.
    (5) Unit 1b--(47 ha (116 ac)): Unit consists of four boundary 
points with the following coordinates in Texas State Plane (South 
Central) in feet, referenced to North American Horizontal Datum 1983 
(NAD 83): 2043579.74934, 13754314.707; 2041327.74934, 13754314.707; 
2043579.74934, 13752062.707; 2041327.74934, 13752062.707.
    (6) Unit 1e--(341 ha (842 ac)): From a point at 2050035, 13759440 
at the western corner of property number 902601605 east along the 
northern side of this property to a point at 2053120, 13760090 the 
continuing northwest along the west side of property numbers 902601605, 
323075421, and 323075422 to at point at 2051713, 13762282. From this 
point, northeast along the north side of property numbers 323075422 and 
902601659 at a point at 2052904, 13763744 then east to a point at 
2057992, 13761497. From this point, along the east side of property 
number 323075422 it its intersection with property number 902601607 at 
point 2055759, 13761684 and continuing along the north and east sides 
of this property to its intersection with property number 328074996 a 
point at 2056900, 13756956. From this point, west across property 
number 328074996 to a point at 2054491, 13756784, then southwest to a 
point at 2053656, 13755987 then continuing south along the east side of 
property number 902601605 to a point at 2053217, 13753954. From this 
point, along the west side of property number 902601605 and continuing 
to the point of origin.
    (7) Unit 2--(99 ha (245 ac)): From a point northeast of Bandera 
Road at 2056212, 13772285 and along the northwest boundary of parcel 
numbers 102700035,102700038 and 304031966 to a point at 2059148.29808, 
13775208.8182. From this point, southeast to a point at 2060764.66944, 
13773969.8333 then along the eastern boundaries of parcel numbers 
314033835, 327077286, 327077287, 102800425, and 102700316 to a point at 
2057993.6191, 13770481.7691. From this point, northwest to the point of 
origin.
    (8) Unit 3--(63 ha (154 ac)): From the southeastern corner of the 
intersection of Bandera Road and Whip-O-Will Way (2064533, 13762115) 
along the south side of Whip-O-Will Way to its intersection with Scenic 
Loop Road (2067284, 13762583), then continuing south along the west, 
northwest side of Scenic Loop Road to its intersection with Bandera 
Road (2066368, 13759105). From this point, north along the east side of 
Bandera Road to the point of origin.
    (9) Unit 4--(63 ha (154 ac): Unit consists of four boundary points 
with the following coordinates in Texas State Plane (South Central) in 
feet, referenced to North American Horizontal Datum 1983 (NAD 83): 
2070429.51759, 13763548.8939; 2067696.85493, 13763518.531; 
2070444.69905, 13761074.316; 2067706.57475, 13761075.054.
    (10) Unit 5--(47 ha (116 ac): Unit consists of four boundary points 
with the following coordinates in Texas State Plane (South Central) in 
feet, referenced to North American Horizontal Datum 1983 (NAD 83): 
2067655.77864, 13771578.6572; 2065403.77864, 13771578.6572; 
2067655.77864, 13769326.6572; 2065403.77864, 13769326.6572.
    (11) Unit 6--(45 ha (111 ac): Unit consists of four boundary points 
with the following coordinates in Texas State Plane (South Central) in 
feet, referenced to North American Horizontal Datum 1983 (NAD 83): 
2072498.41982, 13770816.0997; 2070213.53298, 13770816.0997; 
2072523.11604, 13768630.4844; 2070213.53298, 13768630.4844.
    (12) Unit 7--(50 ha (123 ac): Unit consists of four boundary points 
with the following coordinates in Texas State Plane (South Central) in 
feet, referenced to North American Horizontal Datum 1983 (NAD 83): 
2075042.48817, 13777212.4498; 2072740.24441, 13777212.4498; 
2075042.48817, 13774888.2263; 2072720.54786, 13774894.8227.
    (13) Unit 8--(174 ha (428 ac): From a point 2079943.53971, 
13767755.6785 along the east side of Kyle Seale Parkway to a point at 
2082440.28711, 13767779.6857, south to a point at 2082429.79996, 
13767253.8126 then east to a point at 2082818.17238, 13767241.1953. 
From this point, along the northern side of parcel number 309072242 
southeast to a point at 2084641.50301, 13765539.4201, south to a point 
at 2084605.03639, 13764652.0659 then west to a point at 2083790.61538, 
13764615.5992. From this point south along the west side of White Fawn 
Drive and continuing southwest along the north side of Wild Eagle Road 
to its intersection with Cotton Tail. From this point, west to a point 
at 2079949.46553, 13762062.9364 then continuing north to the point of 
origin.
    (14) Unit 9--(71 ha (175 ac): From at point at 2090191, 13761607, 
roughly the intersection of an unnamed tributary of Leon Creek and the 
south side of the Loop 1604 access road, to the intersection of the 
access road and Regency Boulevard (2093082, 13762048). From this point, 
south along the west side of Regency Boulevard to its intersection with 
UTSA Boulevard (2092690, 13758365), then west along the north side of 
UTSA Boulevard to a point at 2091449, 13758365, roughly the 
intersection of UTSA Boulevard and the

[[Page 55097]]

unnamed tributary of Leon Creek. From this point, north along the 
unnamed tributary to the point of origin.
    (15) Unit 10--(367 ha (906 ac)): From a point at 2098282, 13772161 
at the southwest corner of parcel number 900200036 north along the 
western boundary of this parcel and parcel number 308042407 to its 
intersection with Camp Bullis Road then continuing east along the south 
side of Camp Bullis Road/Military Road to a point at 2105279, 13775376. 
From this point, in a straight line southwest to a point at 2100600, 
13772093 and continuing west along a straight line to the point of 
origin.
    (16) Unit 11--(1,273 ha (3,143 ac)): From a point at 2109871, 
13786962 east to its intersection with Blanco Road (2120517, 13787010), 
then south along the west side of Blanco Road to a point at 2121336, 
13775793. From this point west to the southeast corner of parcel number 
308042407, then west along this parcel boundary to a point at 2107371, 
13776670, then north to Davis (2107420, 13778177). From this point, 
north, northeast along Davis to the point of origin.
    (17) Unit 12--(105 ha (258 ac)): From a point at 2140092, 13777425 
at the west side of U.S. 281 northwest in a straight line to a point at 
2139015, 13777798 and continuing northwest in a straight line to a 
point at 2137707, 13778176 at the southwest corner of parcel number 
311074749. From this point, continuing along the southwest boundary of 
this parcel across Cactus Bluff and along the southwest boundary of 
parcel number 311074761 to a point at 2137298, 13778787 at the west 
side of Mud Creek and continuing northeast along the west side of Mud 
Creek to a point at 2138316, 13780237. From this point, crossing parcel 
number 308040085 and Evans Road to a point at 2138477, 13780521. From 
this point, northeast along a straight line to a point at 2139612, 
13782045, then southeast to a point at 2141858, 13781138 on the west 
side of U.S. 281 then continuing southwest along straight line to the 
point of origin.
    (18) Unit 13--(51 ha (125 ac)): From a point at 2151154.85239, 
13781383.2606 on the west side of the right-of-way of Bulverde Road, 
east along the south side of Ridgeway Drive to a point at 
2151768.28065, 13781397.6942 then southeast to a point at 2152129.1208, 
13780885.3011. From this point, east along the north side of parcel 
number 327077436 to a point at 2153655.9118, 13781029.8389, south at a 
point at 2153780.292, 13779672.9217 then south west to a point at 
2150481.68089, 13778900.3523. From this point, north to a point at 
2150462.0393, 13780127.5368, northeast to a point at 2150916.69789, 
13780416.209, northwest to a point at 2150815.66265, 13780618.2794 then 
northeast to a point at 2151140.41879, 13780827.5667 and continuing 
north to the point of origin.
    (19) Unit 21--(155 ha (382 ac)): Unit consists of four boundary 
points with the following coordinates in Texas State Plane (South 
Central) in feet, referenced to North American Horizontal Datum 1983 
(NAD 83): 2138699.75321, 13788566.4781; 2135213.28358, 13788585.4663; 
2138699.75321, 13783861.5804; 2135213.28358, 13783753.9781.

Ground Beetle (No Common Name), (Rhadine infernalis)

    (1) Critical habitat for the ground beetle (Rhadine infernalis) in 
Bexar County, Texas, occurs in units 1b, 1e, 2, 3, 4, 5, 6, 8, and 10 
which are described under the ground beetle (Rhadine exilis). In 
addition, critical habitat for the ground beetle (Rhadine infernalis) 
occurs in units 1a, 1d, 14, 15, 16, 17, 18, and 19, as described below. 
These units are depicted on Maps 1, 2, 3, 4, 5, and 6 found under the 
ground beetle (Rhadine exilis) and on Map 7 below. The primary 
constituent elements, the exclusion of existing structures and 
associated landscaping, and the exclusion of lands that do not meet the 
definition of critical habitat as described in paragraphs (2), (3), and 
(4) under the ground beetle Rhadine exilis are identical for this 
species.

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[GRAPHIC] [TIFF OMITTED] TP27AU02.007

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[[Page 55099]]

    (2) Within Unit 17, one cave and its surrounding preserve area 
(Madla's Cave and the surrounding approximately 2 ha (5 ac)) was 
excluded from the proposed critical habitat designation. As required by 
their section 10(a)(1)(B) permit, La Cantera purchased this karst 
preserve and will ensure that it will be preserved in perpetuity and 
managed in accordance with the conservation needs of the species.
    (3) Surface vegetation within Unit 19 has been significantly 
reduced and degraded as a result of urban development. Lands within 
this unit do not contain the primary constituent element of a healthy 
surface community of native vegetation. Therefore, this unit is being 
designated as critical habitat based solely on the presence of an 
intact subsurface environment.
    (4) Unit 1a--(76 ha (188 ac)): Unit consists of four boundary 
points with the following coordinates in Texas State Plane (South 
Central) in feet, referenced to North American Horizontal Datum 1983 
(NAD 83): 2046534.1202, 13761922.7115; 2043576.6972, 13761922.7116; 
2046534.1202, 13759160.7825; 2043576.6972, 13759144.7312.
    (5) Unit 1d--(47 ha (116 ac)): Unit consists of four boundary 
points with the following coordinates in Texas State Plane (South 
Central) in feet, referenced to North American Horizontal Datum 1983 
(NAD 83): 2051979.54342, 13753424.1693; 2049727.54342, 13753424.1693; 
2051979.54342, 13751172.1693; 2049727.54342, 13751172.1693.
    (6) Unit 14--(173 ha (426 ac)): Unit consists of four boundary 
points with the following coordinates in Texas State Plane (South 
Central) in feet, referenced to North American Horizontal Datum 1983 
(NAD 83): 2037495.68795, 13714343.6913; 2033513.40946, 13714379.0476; 
2037458.92845, 13709675.2356; 2033521.81129, 13709675.2356.
    (7) Unit 15--(195 ha (481 ac)): From a point at 2044508, 13704550 
and continuing along the east side of Rolling View to a point at 
2042620, 13705900. From this point, north along a straight line to a 
point at 2042634, 13706518 at the south end of Honey Oaks and 
continuing along the east side of Honey Oaks to Sleepy Oaks then along 
the south side of Sleepy Oaks to its intersection with Oak Village. 
From this point, continuing north along the east side of Oak Village to 
Pheasant Drive, then northeast along a straight line to a point at 
2043413, 13708727 and continuing along the same line to a point at 
2047835, 13708557 on the west side of Talley Road, and continuing south 
along the west side of Talley Road to a point at 2048750, 13704509 and 
continuing west along a straight line to the point of origin.
    (8) Unit 16--(61 ha (152 ac)): Unit consists of four boundary 
points with the following coordinates in Texas State Plane (South 
Central) in feet, referenced to North American Horizontal Datum 1983 
(NAD 83): 2061031.60542, 13714210.5326; 2057866.88036, 13714211.0248; 
2061031.60542, 13712132.5655; 2057845.30553, 13712123.6599.
    (9) Unit 17--(48 ha (118 ac)): From a point 2063406, 13766153 and 
continuing along the western boundary of parcel numbers 102800326 and 
307020398 and along the west and north boundaries of parcel number 
102800384 to a point at the northeast corner of parcel number 102800384 
(2064828, 13768192). From this point, continuing along the northern 
boundary of parcel numbers 327075063 and 327075065 to the northeast 
corner of parcel number 327075065 (2066218, 13768044), then south along 
the east boundary of parcel numbers 327075065, 102800456, and 102800326 
to a point at 2065992, 13765864, then continuing west across parcel 
number 102800326 to the point of origin.
    (10) Unit 18--(40 ha (100 ac)): From the intersection of Old Scenic 
Loop Road and Scenic Loop Road (2067675, 13760046), northeast along the 
northern boundary of parcel number 507100487 to the intersection on 
Monarch Drive and Cash Mountain (2068346, 13760229), then along the 
southern side of Cash Mountain to the point at 2069624, 13761023. From 
this point, southeast along a straight line to the intersection with 
Rafter South Trail at a point at 2070338, 13759988, then along the 
north side of Rafter South Trail to its intersection with Bar X Trail. 
From this point, southwest along a straight line to a point at 2067849, 
13758117, then northwest to Old Scenic Loop Road (2067231, 13758743) 
and continuing north along the southeast side of the road to the point 
of origin.
    (11) Unit 19--(59 ha (146 ac)): From a point at 2125364, 13769352 
where the Loop 1604 access road intersects Panther Springs Creek, north 
along Panther Springs Creek to a point at 2127295, 13770776, then 
continuing northeast along a straight line to a point at 2127967, 
13771448 at the southern end of Sonterra Boulevard. From this point, 
north and east along the east side of Sonterra Boulevard to its 
intersection with Stone Oak Parkway (2129268, 13771861), then 
continuing south along the west side of Stone Oak Parkway to its 
intersection with the Loop 1604 access road and continuing west along a 
straight line to the point of origin.

Helotes mold beetle (Batrisodes venyivi)

    (1) Critical habitat for the Helotes mold beetle in Bexar County, 
Texas, occurs in units 1e, 3, and 5 which are described in the text and 
depicted on Maps 1, 2, and 3 found under the ground beetle (Rhadine 
exilis). The primary constituent elements, the exclusion of existing 
structures and associated landscaping, and the exclusion of lands that 
do not meet the definition of critical habitat as described in 
paragraphs (2), (3), and (4) under the ground beetle Rhadine exilis are 
identical for this species.
* * * * *

    Dated: August 3, 2002.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-21477 Filed 8-26-02; 8:45 am]
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