[Federal Register Volume 76, Number 243 (Monday, December 19, 2011)]
[Proposed Rules]
[Pages 78601-78609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32431]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2011-0102; 4500030113]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition To List the Western Glacier Stonefly as Endangered With 
Critical Habitat

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition finding and initiation of status review.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on a petition to list the western glacier stonefly 
(Zapada glacier) in Montana as endangered under the Endangered Species 
Act of 1973, as amended (Act), and to designate critical habitat. Based 
on our review, we find that the petition presents substantial 
scientific or commercial information indicating that listing the 
western glacier stonefly may be warranted. Therefore, with the 
publication of this notice, we are initiating a review of the status of 
the species to determine if listing the western glacier stonefly is 
warranted. To ensure that this status review is comprehensive, we are 
requesting scientific and commercial data and other information 
regarding this species. Based on the status review, we will issue a 12-
month finding on the petition, which will address whether the 
petitioned action is warranted, as provided in section 4(b)(3)(B) of 
the Act. We will make a determination on

[[Page 78602]]

critical habitat for this species if and when we initiate a listing 
action.

DATES: To allow us adequate time to conduct this review, we request 
that we receive information on or before February 17, 2012. The 
deadline for submitting an electronic comment using the Federal 
eRulemaking Portal (see ADDRESSES section, below) is 11:59 p.m. Eastern 
Time on this date. After February 17, 2012, you must submit information 
directly to the Montana Ecological Services Field Office (see FOR 
FURTHER INFORMATION CONTACT section below). Please note that we might 
not be able to address or incorporate information that we receive after 
the above requested date.

ADDRESSES: You may submit information by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Keyword or ID box, enter FWS-R6-ES-2011-
0102, which is the docket number for this action. Then click on the 
Search button. You may submit a comment by clicking on ``Submit a 
Comment.''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R6-ES-2011-0102; Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, MS 2042-PDM; Arlington, VA 22203.
    We will not accept email or faxes. We will post all information we 
receive on http://www.regulations.gov. This generally means that we 
will post any personal information you provide us (see the Request for 
Information section below for more details).

FOR FURTHER INFORMATION CONTACT: Mark Wilson, Field Supervisor, Montana 
Ecological Services Field Office, 585 Shepard Way, Helena, MT; 
telephone (406) 449-5225. If you use a telecommunications device for 
the deaf (TDD), please call the Federal Information Relay Service 
(FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

Request for Information

    When we make a finding that a petition presents substantial 
information indicating that listing a species may be warranted, we are 
required to promptly review the status of the species (status review). 
For the status review to be complete and based on the best available 
scientific and commercial information, we request information on the 
western glacier stonefly from governmental agencies, Native American 
tribes, the scientific community, industry, and any other interested 
parties. We seek information on:
    (1) The species' biology, range, and population trends, including:
    (a) Habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range, including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures and programs for the 
species, its habitat, or both.
    (2) The factors that are the basis for making a listing 
determination for a species under section 4(a) of the Act (16 U.S.C. 
1531 et seq.), which are:
    (a) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (c) Disease or predation;
    (d) The inadequacy of existing regulatory mechanisms; or
    (e) Other natural or manmade factors affecting its continued 
existence.
    (3) Information specific to the western glacier stonefly in Glacier 
National Park (GNP):
    (a) Documentation that the species still exists in GNP, including 
confirmed records of individuals collected after 1979;
    (b) Methodology of previous surveys for the species, including 
specific locations and site characteristics where it has been found;
    (c) Habitat requirements and physical description of the aquatic 
juvenile or larval forms; and
    (d) Hydrology of the streams where the species has been documented 
to determine the contribution of glacier meltwater to its habitat.
    If, after the status review, we determine that listing the western 
glacier stonefly is warranted, we will propose critical habitat (see 
definition in section 3(5)(A) of the Act), in accordance with section 4 
of the Act, to the maximum extent prudent and determinable at the time 
we propose to list the species. Therefore, we also request data and 
information on:
    (1) What may constitute ``physical or biological features essential 
to the conservation of the species'' within the geographical range 
currently occupied by the species;
    (2) Where these features are currently found;
    (3) Whether any of these features may require special management 
considerations or protection;
    (4) Specific areas outside the geographical area occupied by the 
species that are ``essential for the conservation of the species;'' and
    (5) What, if any, critical habitat you think we should propose for 
designation if the species is proposed for listing, and why such 
habitat meets the requirements of section 4 of the Act.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Submissions merely stating support for or opposition to the action 
under consideration without providing supporting information, although 
noted, will not be considered in making a determination. Section 
4(b)(1)(A) of the Act directs that determinations as to whether any 
species is an endangered or threatened species must be made ``solely on 
the basis of the best scientific and commercial data available.''
    You may submit your information concerning this status review by 
one of the methods listed in the ADDRESSES section. If you submit 
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the 
Web site. If your submission is made via a hardcopy that includes 
personal identifying information, you may request at the top of your 
document that we withhold this personal identifying information from 
public review. However, we cannot guarantee that we will be able to do 
so. We will post all hardcopy submissions on http://www.regulations.gov.
    Information and supporting documentation that we received and used 
in preparing this finding will be available for public inspection at 
http://www.regulations.gov, or by appointment, during normal business 
hours, at the U.S. Fish and Wildlife Service, Montana Ecological 
Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Background

    Section 4(b)(3)(A) of the Act requires that we make a finding on 
whether a petition to list, delist, or reclassify a species presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted. We are to base this finding on 
information provided in the petition, supporting information submitted 
with the petition, and information otherwise available in our files. To 
the maximum extent practicable, we are to make this finding within 90 
days of our receipt of the petition and publish our notice of the 
finding promptly in the Federal Register.

[[Page 78603]]

    Our standard for substantial scientific or commercial information 
within the Code of Federal Regulations (CFR) with regard to a 90-day 
petition finding is ``that amount of information that would lead a 
reasonable person to believe that the measure proposed in the petition 
may be warranted'' (50 CFR 424.14(b)). If we find that substantial 
scientific or commercial information was presented, we are required to 
promptly commence a review of the status of the species, which is 
subsequently summarized in our 12-month finding.

Petition History

    On January 10, 2011, we received a petition dated December 30, 
2010, prepared by Jordan et al. (petition) on behalf of The Xerces 
Society for Invertebrate Conservation and The Center for Biological 
Diversity (petitioners) requesting that the western glacier stonefly be 
given immediate protection and listed as endangered under the Act and 
that critical habitat be designated. The petition clearly identified 
itself as such and included the requisite identification information 
for the petitioners, as required by 50 CFR 424.14(a). In an August 3, 
2011, letter to the petitioners (Walsh 2011, entire), we responded that 
we had reviewed the information presented in the petition and 
determined that issuing an emergency regulation temporarily listing the 
species under section 4(b)(7) of the Act was not warranted. We stated 
further that due to staff and budget limitations it was not practicable 
to fully address the petition at the time it was received. This finding 
addresses the petition.

Previous Federal Actions

    There are no previous Federal actions involving the western glacier 
stonefly.

Species Information

Species Description and Taxonomy
    The western glacier stonefly is a slender, elongate insect with 
filamentous antennae and large eyes. The adults are generally brown in 
color with yellowish brown legs and possess two sets of translucent 
wings (Baumann and Gaufin 1971, p. 275). Adults range from 6.5 to 10.0 
millimeters (mm) (0.26 to 0.39 inches (in.)) in body length with the 
larger forewings measuring 7.0 to 11.0 mm (0.28 to 0.43 in.) in length 
(Baumann and Gaufin 1971, p. 275). Females are larger than males. The 
nymphs (immature or larval forms) have not been identified and no 
physical description is available. In general, juveniles of the Zapada 
genus, which includes this species, differ from adults in the presence 
of large whorled spines on their legs (Baumann 1975, p. 31). The 
western glacier stonefly is referred to as a member of the Z. 
oregonensis group, which all have similar shape and unbranched 
structure of the cervical gills (Stagliano et al. 2007, p. 60).
    The western glacier stonefly is in the phylum Arthropoda, class 
Insecta, order Plecoptera (stoneflies), and family Nemouridae (Baumann 
1975, pp. 1, 31; Service 2011, p. 18688). The family Nemouridae is the 
largest in the order, comprising more than 370 species in 17 genera 
(Baumann 1975, p. 1). Members of the Zapada genus (also known as 
Nemoura genus) are the most common of the Nemouridae family (Baumann 
1975, p. 31).
    The western glacier stonefly was first described in 1971 from adult 
specimens collected from five locations in GNP, Glacier County, 
Montana, in the 1960s (Baumann and Gaufin 1971, p. 277), and is 
recognized as a valid species by the scientific community (Baumann 
1975, p. 30; Stark 1996, entire; Stark et al. 2009, p. 8). We consider 
the western glacier stonefly (Zapada glacier) to be a valid species 
and, therefore, a listable entity under the Act.
Habitat and Life History
    There is little information available on the biology of the western 
glacier stonefly. However, we assume that the western glacier stonefly 
is likely to be similar to other closely related stoneflies in terms of 
its habitat needs and life history traits. In general, insects in the 
order Plecoptera (stoneflies), and the family Nemouridae in particular, 
are primarily associated with clean, cool or cold, running waters 
(Baumann 1979, pp. 242-243; Stewart and Harper 1996, p. 217). Depending 
on the information source, cool or cold waters are defined as those 
with a mean temperature below 16 [deg]C (60.8[emsp14][deg]F) (Baumann 
1979, p. 242) or 19 [deg]C (66.2[emsp14][deg]F) (Grafe et al. 2002, p. 
A1). Members of the Nemouridae family, which includes the western 
glacier stonefly, are usually the dominant Plecopteran found in 
mountain-river ecosystems both in total biomass and in numbers of 
species present (Baumann 1975, p. 1).
    Stonefly larvae usually have specific habitat requirements with 
respect to water body size, temperature range, and substrate type 
(Stewart and Harper 1996, p. 217). Most aquatic invertebrates in stream 
environments in the northern Rocky Mountains exhibit very strong 
presence or abundance distribution patterns according to elevation 
gradients and, therefore, temperature gradients (Fagre et al. 1997, pp. 
761-763; Lowe and Hauer 1999, p. 1642; Hauer et al. 2007, p. 110). 
Species in the Zapada genus are most likely to be found in aquatic 
environments not exceeding 16 [deg]C (60.8[emsp14][deg]F) (Baumann 
1979, p. 243); however, optimal mean summer water temperatures are 
usually lower (Grafe et al. 2002, pp. A1-A2). The specific thermal 
tolerance of the western glacier stonefly is not known; however, 
abundance patterns for other species in the Zapada genus in GNP 
indicate preferences for the coolest environmental temperatures, such 
as those found at high elevation in proximity to the headwater source 
(Hauer et al. 2007, p. 110).
    Nemourid stonefly larvae are typically herbivores or detritivores, 
and their feeding mode is generally that of a shredder or collector-
gatherer (Baumann 1975, p. 1; Stewart and Harper 1996, pp. 218, 262). 
We assume this also is true of western glacier stonefly larvae.
    We have no specific information on the longevity of the western 
glacier stonefly, but in general stoneflies complete their life cycles 
within a single year (univoltine) or in 2 to 3 years (semivoltine) 
(Stewart and Harper 1996, pp. 217-218). Eggs and larvae of all North 
American species of stoneflies are aquatic (Stewart and Harper 1996, p. 
217). Mature stonefly nymphs emerge from the water and complete their 
development to short-lived adults on and around streamside vegetation 
or other structures (Hynes 1976, pp. 135-136; Stewart and Harper 1996, 
p. 217). Either temperature or photoperiod, or a combination of 
temperature and light, influence the timing of Plecopteran emergence in 
the Rocky Mountains (Nebeker 1971 cited in Hynes 1976, p. 137). Western 
glacier stonefly nymphs have never been collected, but adult forms have 
been collected from early July through mid-August (Baumann and Gaufin 
1971, p. 277). Therefore, emergence may start sometime before this 
period.
    Plecopterans inhabiting flowing water disperse longitudinally (up 
or down stream) or laterally to the stream bank from their benthic 
(larval) source, and this phenomenon has been reported for some members 
of the Nemouridae family (Hynes 1976, p. 138; Griffith et al. 1998, p. 
195; Petersen et al. 2004, pp. 944-945). Generally, adult stoneflies 
stay close to the channel of their source stream (Petersen et al. 2004, 
p. 946), and lateral movement into neighboring uplands is confined to 
less than 80 meters (262 feet) from the stream (Griffith et al. 1998, 
p. 197).
    Adult male and female stoneflies are mutually attracted by a 
drumming sound produced by tapping their abdomens on a substrate (Hynes 
1976,

[[Page 78604]]

p. 140). After mating, females deposit a mass of fertilized eggs in 
water where they are widely dispersed or attached to substrates by 
sticky coverings or specialized anchoring devices (Hynes 1976, p. 141; 
Stewart and Harper 1996, p. 217). Eggs may hatch within a few weeks or 
remain in diapause (dormancy) for much longer periods if environmental 
conditions, such as temperature, are not conducive to development 
(Hynes 1976, p. 142). Environmental conditions also may affect the 
growth and development of hatchlings (Stewart and Harper 1996, p. 217).
Distribution and Abundance
    Species in the Zapada genus are found throughout western North 
America (Baumann 1975, p. 74), but the western glacier stonefly has 
been collected only in the vicinity of five glacier-fed streams east of 
the Continental Divide in GNP, Montana (Baumann and Gaufin 1971, p. 
277). Only 23 adult specimens (20 female and 3 male), all collected 
between 1963 and 1969, have been documented in publication (Baumann and 
Gaufin 1971, p. 277). There also is a report of one male collected in 
1979 near the site of a previous 1966 collection (Schweiger pers. comm. 
cited in Jordan et al. 2010, pp. 6, 19); this detection is the last 
known on record. Only one to three individuals were collected per 
survey effort at any of the collection sites (Baumann and Gaufin 1971, 
p. 277). Baumann and Gaufin (1971, p. 277) indicated that the original 
collection efforts in the 1960s were limited in scope and suggested 
that collections at lower elevation and earlier in the season could 
expand the known range of the taxon.
    Aquatic invertebrate surveys conducted in GNP between 1997 and 2010 
did not detect the western glacier stonefly. However, only one drainage 
(Cataract Creek) previously known to be inhabited by the western 
glacier stonefly was surveyed during this period (Muhlfeld et al. 2011, 
p. 341). Although the species was not detected in or around Cataract 
Creek in 2010, the survey date of mid-September may have been too late 
in the season to detect identifiable forms of the species.
    To our knowledge, there are no population numbers or trends known 
for the western glacier stonefly. There are no recent survey data for 
most of the known range, and the species' presence has not been 
documented for over 30 years. Richard Baumann, the professional 
entomologist who first described the western glacier stonefly, expects 
that it still exists in most areas where it was collected in the 1960s 
and 1970s (Jordan et al. 2010, p. 6). However, we are concerned that 
there is no recent record of the species, and we intend to seek 
documentation that the species is extant during the status review 
process. Overall, the limited information we have on the western 
glacier stonefly at this stage suggests that the species is generally 
limited in geographic distribution and rare in quantity where it has 
been collected in the past.

Evaluation of Information for This Finding

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations at 50 CFR part 424 set forth the procedures for adding a 
species to, or removing a species from, the Federal Lists of Endangered 
and Threatened Wildlife and Plants. A species may be determined to be 
an endangered or threatened species due to one or more of the five 
factors described in section 4(a)(1) of the Act:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    In considering what factors might constitute threats, we must look 
beyond the mere exposure of the species to the factor to determine 
whether the species responds to the factor in a way that causes actual 
impacts to the species. If there is exposure to a factor, but no 
response, or only a positive response, that factor is not a threat. If 
there is exposure and the species responds negatively, the factor may 
be a threat and we then attempt to determine how significant a threat 
it is. If the threat is significant, it may drive or contribute to the 
risk of extinction of the species such that the species may warrant 
listing as threatened or endangered as those terms are defined by the 
Act. This does not necessarily require empirical proof of a threat. The 
combination of exposure and some corroborating evidence of how the 
species is likely impacted could suffice. The mere identification of 
factors that could impact the species negatively may not be sufficient 
to compel a finding that listing may be warranted. The information 
shall contain evidence sufficient to suggest that these factors may be 
operative threats that act on the species to the point that the species 
may meet the definition of threatened or endangered under the Act.
    In making this 90-day finding, we evaluated whether information 
regarding threats to the western glacier stonefly, as presented in the 
petition and other information available in our files, is substantial, 
thereby indicating that the petitioned action may be warranted. Our 
evaluation of this information is presented below.

A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range

Information Provided in the Petition
    The petition asserts that the western glacier stonefly is 
threatened by habitat loss due to climate change and provides several 
references about the effects of climate change in general to support 
this claim. The petition explains that human-induced climate change is 
causing global increases of ambient temperatures, increased summer 
water temperatures, altered precipitation and snow melt patterns, and 
contributing to the ongoing melting and loss of glaciers in GNP 
(Selkowitz et al. 2002, p. 3651; Fagre 2005, p. 1; Hall and Fagre 2003, 
p. 139; Intergovernmental Panel on Climate Change (IPCC) 2007a, p. 9; 
Pederson et al. 2010, pp. 133-134; U.S. Geological Survey (USGS) 2010, 
entire). These conditions are likely to continue (IPCC 2007a, pp. 8-15; 
IPCC 2007 cited in Saunders et al. 2008, p. iv-v; USGS 2010, entire). 
The petition also asserts that winter snow deposition cannot compensate 
for the loss of glaciers and warming summer water temperatures because 
snow cannot act as a source of cold water through the entire summer 
(Baumann 2010, pers. comm. cited in Jordan et al. 2010, p. 9), 
especially in light of increased summer temperatures, earlier snowmelt, 
and the decreased water equivalent held in seasonal snowpack (Fagre 
2005, p. 1; USGS 2010, entire).
    According to the petition, the disappearance of glaciers is a 
``concern for this species'' (Baumann 2010, pers. comm. cited in Jordan 
et al. 2010, p. 9). The petition reasons that the western glacier 
stonefly is adapted to cold temperatures and high dissolved oxygen 
concentrations because its known occurrences are only from glacier-fed 
streams (Baumann 2010, pers. comm. cited in Jordan et al. 2010, p. 9). 
Species in the Z. oregonensis group, in which the western glacier 
stonefly is included, have a preferred temperature (8.8 [deg]C 
(47.8[emsp14][deg]F)), which is a relatively cool optimum temperature 
within the range of Plecopteran tolerance limits (Grafe et al. 2002, 
pp. A1-A2; Baumann 2010,

[[Page 78605]]

pers. comm. cited in Jordan et al. 2010, p. 9). Increasing water 
temperatures would likely render the habitat unsuitable by decreasing 
dissolved oxygen to levels beyond the physiological limits of the 
species or preventing temperature-sensitive larval development (Sweeney 
et al. 1990, pp. 169-170; Grafe et al. 2002, pp. A1-A2; Baumann 2010, 
pers. comm. cited in Jordan et al. 2010, p. 9).
    The petition did not include any supporting material to show that 
climate change would alter the specific streams inhabited by the 
western glacier stonefly by inducing temperatures beyond the tolerance 
limits of the species or the Z. oregonensis group in general, but only 
speculated that the projected increases in air and water temperatures 
would be detrimental to the species' normal functions (Gaufin 1973, p. 
110; Baumann 1979, p. 242; McLaughlin et al. 2002, p. 6073; USGS 2010, 
entire). The petition supported this conclusion by inference from 
projected climate change impacts to aquatic invertebrates in the 
eastern United States. Projected climate change scenarios are expected 
to increase water temperatures by 4 [deg]C (7.2[emsp14][deg]F) for 
first through fifth-order streams and rivers in eastern North America, 
which essentially shifts the thermal regime of a given stream to one 
that is presently 680 kilometers (km) (422 miles (mi)) south (Sweeney 
et al. 1990, pp. 144-145). A species with a limited geographic range at 
the headwaters of cold-water streams would be unlikely to persist with 
such a shift in thermal regime (Baumann 2010, pers. comm. cited in 
Jordan et al. 2010, p. 9).
    The petitioners state that dispersal ability is important for the 
survival of freshwater taxa in general (Bilton et al. 2001, p. 161) and 
is especially important in light of the elevated temperatures and the 
shifting of habitat that are expected with climate change (Sweeney et 
al. 1990, p. 143). Glaciers are the primary source of cold-water 
streams in GNP, and recent models of carbon dioxide (CO2) 
induced global warming predicts the complete loss of glaciers in GNP by 
2030 (Hall and Fagre, 2003, p. 131; Fagre 2005, p. 1; USGS 2010, 
entire). Aquatic invertebrates, in general, are expected to migrate or 
disperse northward or to higher elevations with the changing water 
regimes expected with climate change (Sweeney et al. 1990, p. 147). The 
petitioners state that glacier-dependent species existing at high-
elevation headwaters, including the cold-water dependent western 
glacier stonefly, even if possessing unlimited dispersal potential and 
intact landscapes, have no options if the glaciers and the streams they 
support are destroyed by climate change (Jordan et al. 2010, pp. 7-10).
    The petition also indicates that climate change may alter the 
growth rate of the species by transforming the type or nutrient quality 
of streamside foraging vegetation, which has been documented to 
diminish recruitment and the likelihood of population persistence in 
other Plecopteran species (Sweeney et al. 1990, pp. 163-164).
Evaluation of Information Provided in the Petition and Available in 
Service Files
    Consideration of climate change is a component of our analyses 
under the Endangered Species Act. The term ``climate change'' refers to 
a change in the state of the climate that can be identified by changes 
in the mean or variability of its properties (e.g., temperature, 
precipitation) and that persists for an extended period, typically 
decades or longer, whether the change occurs due to natural variability 
or as a result of human activity (IPCC 2007b, p. 30).
    Scientific measurements taken over several decades demonstrate that 
changes in climate are occurring. Examples include warming of the 
global climate system over recent decades, and substantial increases in 
precipitation in some regions of the world and decreases in other 
regions (for these and other examples see IPCC 2007b, p. 30; Solomon et 
al. 2007, pp. 35-54, 82-85).
    Scientific analyses show that most of the observed increase in 
global average temperature since the mid-20th century cannot be 
explained by natural variability in climate, and is ``very likely'' 
(defined by the IPCC as 90 percent or higher probability) due to the 
observed increase in greenhouse gas (GHG) concentrations in the 
atmosphere as a result of human activities, particularly carbon dioxide 
emissions from fossil fuel use (IPCC 2007b, p. 5 and Figure SPM.3; 
Solomon et al. 2007, pp. 21-35). Therefore, scientists use a variety of 
climate models (which include consideration of natural processes and 
variability) in conjunction with various scenarios of potential levels 
and timing of GHG emissions in order to project future changes in 
temperature and other climate conditions (e.g., Meehl et al. 2007 
entire; Ganguly et al. 2009, pp. 11555, 15558; Prinn et al. 2011, pp. 
527, 529).
    The projected magnitude of average global warming for this century 
(as well as the range of projected values, which reflects uncertainty) 
is very similar under all combinations of models and emissions 
scenarios until about 2030. Thereafter, despite the projections showing 
greater divergence in projected magnitude, the overall trajectory is 
one of increased warming under all scenarios, including those which 
assume a reduction of GHG emissions (Meehl et al. 2007, pp. 760-764; 
Ganguly et al. 2009, pp. 15555-15558; Prinn et al. 2011, pp. 527, 529). 
(See IPCC 2007c, p. 8, for other global climate projections.)
    Various types of changes in climate may have direct or indirect 
effects and these may be positive or negative depending on the species 
and other relevant considerations, such as interactions of climate with 
non-climate variables (e.g., habitat fragmentation). Identifying likely 
effects often involves climate change vulnerability analysis. 
Vulnerability refers to the degree to which a species (or system) is 
susceptible to, and unable to cope with, adverse effects of climate 
change, including variability and extremes; it is a function of the 
type, magnitude, and rate of climate change and variation to which a 
species is exposed, its sensitivity, and its adaptive capacity (IPCC 
2007b, p. 89; see also Glick et al. 2011, pp. 19-22). Because exposure, 
sensitivity, and adaptive capacity can vary by species and situation, 
there is no single method for conducting such analyses (Glick et al. 
2011, p. 3). We use our expert judgment and appropriate analytical 
approaches to weigh relevant information, including uncertainty, in our 
consideration of various aspects of climate change that are relevant to 
the western glacier stonefly.
    Projected changes in climate and related impacts can vary 
substantially across and within different regions of the world (e.g., 
IPCC 2007b, pp. 8-12). Thus, although global climate projections are 
informative, and in some cases are the only or the best scientific 
information available, to the extent possible we use ``downscaled'' 
climate projections. Those projections provide higher-resolution 
information that is more relevant to the spatial scales used to assess 
impacts to a given species (see Glick et al. 2011, pp. 58-61 for a 
discussion of downscaling). With regard to our analysis for the western 
glacier stonefly, downscaled projections of climate are available.
    Downscaled projection information we have in our files supports the 
petition's assertions that climate change may threaten habitat for the 
western glacier stonefly in GNP. Specifically, global warming appears 
to be very pronounced in alpine regions where the western glacier 
stonefly has been known to occur (Hall and Fagre 2003, p. 134 and 
references therein). Since 1900, the

[[Page 78606]]

mean annual air temperature for GNP and the surrounding region has 
increased 1.33 [deg]C (2.4[emsp14][deg]F), which is 1.8 times the 
global mean increase (USGS 2010, p. 1). Glaciers in GNP are 
disappearing. Only 27 of the 150 glaciers estimated to have existed in 
GNP in 1910 exist today (Fagre 2005, p. 1). Glaciers and perennial 
snowpack (snow that persists from year to year) are expected to be gone 
from GNP by 2030 based on projected greenhouse gas emissions, 
temperature, and precipitation scenarios, eliminating them as a cooling 
source for natural springs or as a sole source of cool, running water 
(Hall and Fagre 2003, p. 137; Fagre 2005, p. 7).
    With the complete loss of glaciers in GNP, high-alpine wetlands 
could be reduced, changed from perennial to ephemeral, or eliminated by 
decreased winter snow or accelerated snowfield melt due to elevated 
summer temperatures (Hauer et al. 2007, p. 109). Glaciers store water 
that is then released during dry periods of the year or through 
extended drought. Thus, streams that would otherwise dry-up in warm, 
dry seasons are assured a continual flow where glaciers persist. 
Although the juvenile form of the western glacier stonefly has not been 
described, it is presumed to be aquatic because eggs and larvae of all 
other Plecopteran insects are dependent on aquatic environments for 
their survival and development to adults (Stewart and Harper 1996, p. 
217). The collection of adult western glacier stoneflies solely in and 
bordering glacier-fed streams, and the limited dispersal ability of 
Plecopterans, would suggest that the persistence of these streams is 
important to the persistence of the species (Baumann and Gaufin 1971, 
p. 277; Brown et al. 2009 cited in Muhlfeld et al. 2011, p. 343).
    The information in our files supports the petitioners' assertion 
that the loss of glaciers in GNP may alter habitat for glacier-
dependent or cool-water-adapted aquatic invertebrates. The specific 
habitat requirements or range of tolerance to environmental 
temperatures is not known for the western glacier stonefly, but glacier 
and perennial snowfield loss is expected to decrease the available 
habitat for another cool-water dependent stonefly endemic to GNP, the 
meltwater lednian stonefly (Lednia tumana) (Hall and Fagre 2003, p. 
138). The meltwater lednian stonefly is limited in distribution by mean 
and maximum aquatic temperatures of 10 [deg]C (50[emsp14][deg]F) and 18 
[deg]C (64.4[emsp14][deg]F), respectively, with the majority of 
collection locations in close proximity to high-elevation glaciers or 
permanent snowfields (Muhlfeld et al. 2011, p. 341). Western glacier 
stonefly collections indicate a similar pattern of proximity to high-
elevation glacier-fed streams or glacier lake sources (Baumann and 
Gaufin 1971, p. 271). In addition, the thermal tolerances for the Z. 
oregonensis group, which includes the western glacier stonefly, are 
within the measured range of the lednian species (Grafe et al. 2002, p. 
A2).
    In a previous finding, the Service evaluated the status of the 
meltwater lednian stonefly and determined it was warranted but 
precluded for listing under the Act based on the effects of the 
projected loss of glaciers in altering habitat in high-alpine streams 
by higher water temperatures, seasonal or permanent stream dewatering, 
and changes in the timing and volume of snowmelt (76 FR 18694, April 5, 
2011). A separate evaluation and habitat model further supported 
predictions of habitat loss by up to 80 percent by 2030 for the 
meltwater lednian stonefly in GNP (Muhlfeld et al. 2011, p. 343). Based 
on this information, it is reasonable to expect that habitat for the 
western glacier stonefly might be similarly affected by warmer or 
curtailed stream flows due to glacier and snowfield loss associated 
with a changing climate. Given the limited information available on the 
distribution and population status of the western glacier stonefly, we 
cannot predict the extent to which the species would be affected or 
even if the species still exists in GNP; however, we will assess this 
factor more thoroughly during our status review for the species.
    Information in our files also confirms the petitioners' statements 
that with increasing temperatures the type of streamside foraging 
vegetation present in GNP could be transformed, and GNP could see an 
increase in tree growth rates and evapotranspiration, which would 
reduce soil moisture and streamflow (Fagre 2005, p. 8). However, these 
projections are based on broad trends for the region, and we cannot 
predict at this scale how these scenarios would contribute to the loss 
or deterioration of western glacier stonefly habitat or how these 
changes would diminish recruitment and the likelihood of population 
persistence. We will assess this factor more thoroughly during our 
status review for the species. The transition of habitat and its 
effects on the physiology and phenology of the western glacier stonefly 
is discussed under Factor E.
Summary of Factor A
    Based on the information provided in the petition, as well as other 
information readily available in our files, we find that the petition 
presents substantial scientific or commercial information indicating 
that the western glacier stonefly may warrant listing due to the 
present or threatened destruction, modification, or curtailment of the 
species' habitat or range. Little information is available on the 
ecology and biology of the western glacier stonefly, but it is 
described as a cool-water stonefly species based on its collection in 
or near glacier-fed streams. There is adequate information on the 
adverse effects of warming air and water temperatures projected to 
occur with climate change on habitat for cool-water stoneflies in 
general, and specifically through research conducted on another endemic 
stonefly in GNP--the meltwater lednian stonefly. Increased summer water 
temperatures and altered precipitation and snow melt patterns due to 
climate change contribute to the ongoing shrinking and projected loss 
of glaciers and perennial snowfields in GNP, which are sources of 
stream habitats on which the western glacier stonefly may depend. We 
will assess these stressors and habitat requirements more thoroughly 
during our status review in order to better quantify potential effects 
on the western glacier stonefly.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    The petition notes that the western glacier stonefly is not used 
commercially and is not at risk of overcollection (Jordan et al. 2010, 
p. 10). Neither the petition nor information within our files presents 
substantial scientific or commercial information that collection was, 
or is, occurring at a level that impacts the overall status of the 
species. Therefore, we find the petition does not present substantial 
scientific or commercial information to indicate that overutilization 
for commercial, recreational, scientific, or educational purposes may 
present a threat to the western glacier stonefly such that the 
petitioned action may be warranted. However, we will assess this factor 
more thoroughly during our status review for the species.

C. Disease or Predation

Information Provided in the Petition
    The petition notes that disease and predation are not known to 
threaten the western glacier stonefly, although the threats from 
disease and predation have never been assessed (Jordan et al. 2010, p. 
10). The petition asserts that the rarity and limited range of the 
species make it more vulnerable to extinction

[[Page 78607]]

from normal population fluctuations that could result from predation or 
disease episodes (Jordan et al. 2010, p. 11).
Evaluation of Information in the Petition and Available in Service 
Files
    We address the potential risks due to a small population size under 
Factor E. We reviewed information in our files and the information 
provided by the petition and did not find substantial information to 
indicate that disease or predation on the western glacier stonefly are 
occurring outside the natural range of variation, such that they may be 
considered a threat. Therefore, we find the petition does not present 
substantial scientific or commercial information to indicate that 
disease or predation may present a threat to the western glacier 
stonefly such that the petitioned action may be warranted. We will 
assess this factor more thoroughly during our status review for the 
species.

D. The Inadequacy of Existing Regulatory Mechanisms

Information Provided in the Petition
    The petition claims that the western glacier stonefly is threatened 
by the inadequacy of existing regulatory mechanisms, because it 
receives no recognition or protection under Federal or State law 
(Jordan et al. 2010, p. 11). The petition cites several references to 
show that adequate regulations do not exist to control or reduce 
greenhouse gas emissions from the burning of fossil fuels, the leading 
cause of global climate change and increasing average global 
temperatures, which the petitioners conclude contribute to the loss of 
western glacier stonefly habitat (Fagre 2005, p. 1; Hansen et al. 2008, 
p. 16; Jones et al. 2009, p. 484; Smith et al. 2009, p. 4135; Jordan et 
al. 2010, p. 11). The petitioners cite the Service's 2008 listing of 
the polar bear (Ursus maritimus), which concluded that there are no 
regulatory mechanisms that address the anthropogenic causes of climate 
change (e.g., greenhouse gas emissions) and the impact of warming 
temperatures and altered precipitation patterns on diminishing sea ice 
(73 FR 28288, May 15, 2008).
    The petition explains that a reduction in atmospheric CO2, a 
greenhouse gas, to 350 parts per million or below is necessary to avoid 
dangerous climate change and maintain the conditions to which humanity, 
wildlife, and the biosphere are adapted (Hansen et al. 2008, p. 16). 
Current atmospheric CO2 is at approximately 385 ppm (Hansen et al. 
2008, p. 16), and regulations are necessary to achieve the lower 
emission level. The petition also states that existing domestic laws 
which grant authority to require greenhouse gas emissions reductions 
(e.g., Clean Air Act, Clean Water Act, Endangered Species Act, Energy 
Policy and Conservation Act) are not exercised to their fullest extent 
(Jordan et al. 2010, p. 12); however, there is no explanation in the 
petition of how the majority of these laws apply to controlling 
emissions. The petition includes an example of the U.S. Environmental 
Protection Agency's (EPA's) application of the Clean Air Act to lower 
emissions by requiring improved fuel economy and higher emission 
standards for light-duty vehicles (75 FR 25324, May 7, 2010), but 
states that the majority of other Clean Air Act programs are not fully 
implemented to address the greenhouse gas emission problem (75 FR 
17004, April 2, 2010).
    The petition also refers to sources indicating that the 
international agreements to address greenhouse gas emissions (e.g., 
United Nations Framework Convention on Climate Change, Kyoto Protocol) 
rely on nonbinding and ineffective controls (Jordan et al. 2010, p. 13; 
Pew 2010, entire; Rogelj et al. 2010, p. 464).
Evaluation of Information Provided in the Petition and Available in 
Service Files
    While the information in our files supports the petitioners' claim 
that the western glacier stonefly currently receives no direct 
protection under Federal or State law, we do not necessarily consider 
the absence of a regulatory mechanism to be a threat. The western 
glacier stonefly is ranked ``S1'' by the Montana Natural Heritage 
Program, indicating that it is vulnerable to extinction due to limited 
range, habitat, or population size (Montana Natural Heritage Program 
2011, entire); however, this designation does not confer any legal 
protections for the species or its habitat. After examining the 
available information in the petition and in our files, we believe that 
the species is found only at high-altitude headwaters on Federal 
property in GNP and is not known to occur on State or private lands. 
Therefore, the western glacier stonefly and its habitat are not likely 
to be impacted directly or affected by State regulations. We conclude 
that there is not substantial information in the petition and our files 
to show that the western glacier stonefly may be threatened by 
inadequate State-level regulatory mechanisms.
    Information in our files indicates that all known occurrences of 
the species are on National Park Service (NPS) land, which is protected 
indirectly by several Federal laws and regulations directing how NPS 
lands are managed. Projects conducted within the species' range may be 
subject to the National Environmental Policy Act of 1970 (42 U.S.C. 
4321 et seq.) (NEPA). All Federal agencies are required to adhere to 
NEPA for projects they fund, authorize, or carry out. The Council on 
Environmental Quality's regulations for implementing NEPA (40 CFR parts 
1500-1518) state that agencies shall include a discussion on the 
environmental impacts of the various project alternatives, any adverse 
environmental effects which cannot be avoided, and any irreversible or 
irretrievable commitments of resources involved (40 CFR part 1502). The 
NEPA is a disclosure law which does not require subsequent minimization 
or mitigation measures by the Federal agency involved. Although Federal 
agencies may include conservation measures for sensitive species as a 
result of the NEPA process, any such measures are typically voluntary 
in nature and are not required by the statute.
    The NPS Organic Act of 1916 (16 U.S.C. 1 et seq.), as amended, 
states that the NPS ``shall promote and regulate the use of the Federal 
areas known as national parks, monuments, and reservations * * * to 
conserve the scenery and the national and historic objects and the wild 
life therein and to provide for the enjoyment of the same in such 
manner and by such means as will leave them unimpaired for the 
enjoyment of future generations.'' The current distribution of the 
western glacier stonefly is entirely within the boundaries of GNP; 
therefore, the NPS Organic Act is one Federal law of particular 
relevance to the species. We do not have information readily available 
in our files to indicate that GNP has a management plan specific to the 
western glacier stonefly, or if a plan which targets this species 
explicitly is necessary in order to conserve the species. Management in 
GNP conducted under the NPS Organic Act may provide adequate protection 
for the species and its habitat from direct destruction or modification 
by most human activities. However, the NPS Organic Act does not 
regulate national or international greenhouse gas emissions. At this 
phase of the review process we cannot seek input from outside agencies 
such as the NPS or other additional information sources. We will 
contact the NPS and other agencies during the status review process to 
gather information to determine how and to what extent the existing 
regulations provide protection.

[[Page 78608]]

    The petitioners referred to the limited application of the Clean 
Air Act by the EPA to effectively regulate greenhouse gas emissions. 
Information in our files indicate that, on December 15, 2009, EPA 
announced that current and projected concentrations of six greenhouse 
gases in the atmosphere threaten the public health and welfare of 
current and future generations (74 FR 66496). In effect, the EPA 
concluded that the greenhouse gases linked to climate change are 
pollutants whose emissions can be subject to the Clean Air Act (42 
U.S.C. 7401 et seq.). Specific regulations to limit greenhouse gas 
emissions under the Clean Air Act were only proposed in 2010. The 
Service stated previously that there is no basis to conclude that 
implementation of the Clean Air Act will substantially reduce the 
current rate of global climate change through regulation of greenhouse 
gas emissions (76 FR 18694, April 5, 2011). As greenhouse gases are 
considered a major contributor to global climate change and increasing 
average global temperatures (Hansen et al. 2008, p. 16), which is 
believed to be the cause of the projected loss of glaciers and other 
environmental changes in GNP (Hall and Fagre 2003 p. 131; Fagre 2005, 
p. 8; Hauer et al. 2007; pp. 107-113), existing regulatory mechanisms 
may be inadequate to address potential changes to the western glacier 
stonefly's habitat as discussed under Factor A.
Summary of Factor D
    Based upon the information provided in the petition, as well as 
other information readily available in our files, we find that there is 
substantial scientific or commercial information indicating that the 
western glacier stonefly may warrant listing due to the inadequacy of 
existing regulatory mechanisms that pertain to the primary potential 
threat to the species identified in Factor A: Habitat loss due to the 
environmental changes caused by climate change. Since the known 
distribution of the species lies within the boundaries of GNP, 
management of lands are subject to several Federal laws and regulations 
that protect the species' habitat from direct destruction or 
modification. Given the level of information we have at this 90-day 
finding stage, it is unclear whether these Federal laws and regulations 
are adequate as they pertain to addressing the potential threats to the 
habitat of the western glacier stonefly due to climate change. We will 
assess all the relevant regulatory mechanisms more thoroughly during 
the status review for the species.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Information Provided in the Petition
    The petition asserts that the western glacier stonefly population 
sizes are unknown but are believed to be small because of the rarity of 
detection, and claims that the risks associated with this small 
population size represent a threat to the species (Jordan et al. 2010, 
p. 13). The petition cites Shaffer (1981, p. 31) as evidence that small 
and fragmented populations, in general, are at greater risk of 
extinction from normal population fluctuations, natural disasters, and 
loss of genetic diversity (Jordan et al. 2010, p. 13).
    In addition to small population effects, the petition claims that 
increases in water temperature due to climate change may impact western 
glacier stonefly populations by causing direct larval mortality and 
altered phenology (timing of life events tied to seasons or climate), 
which has caused impaired development, behavior, dispersal, fecundity, 
and reproductive success in other stonefly species (Lillehammer et al. 
1989, p. 173; Baumann 2010, pers. comm. cited in Jordan et al. 2010, p. 
10; Sweeney et al. 1990, entire). The petition included these 
assertions under Factor A, but because they are physiological effects 
rather than habitat effects, we discuss them under Factor E.
Evaluation of Information Provided in the Petition and Available in 
Service Files
    Small Population Size--The population size, trend, current status, 
or geographic extent of the western glacier stonefly is unknown. Based 
on the information presented in the petition and available in our 
files, the species is known to have occurred in five hydrological 
drainages on the east side of the Continental Divide in GNP. Only one 
to three individuals were collected per survey effort at each 
collection site (Baumann and Gaufin 1971, p. 277). Although there is 
limited recent survey data for these five drainages, aquatic 
invertebrate surveys conducted between 1997 and 2010 in many locations 
in GNP, including cold-water streams, did not detect additional 
occurrences of the western glacier stonefly (Stagliano et al. 2007, p. 
60; Jordan et al. 2010, pp. 6-7; Muhlfeld et al. 2011, p. 339). 
Presuming the species is extant, we conclude that it is rare and 
limited in distribution.
    In general, small populations are vulnerable to extinction from 
systematic pressures or stochastic (random) disruptions (Shaffer 1981, 
p. 131). Potential stochastic disruptions could include natural 
catastrophes such as flood, fire, drought, and landslides or genetic 
changes caused by a loss of genetic diversity. The petition presents no 
information and we have no information in our files to indicate that 
the western glacier stonefly is likely to be affected by these kinds of 
natural events or is experiencing a loss of genetic diversity. We do 
not consider the species' apparently restricted range to be a threat in 
itself. However, the vulnerability of small populations with limited 
range may be increased when threats are present. As discussed under 
Factor A, information in the petition and in our files would indicate 
that the effects of climate change on glaciers and perennial snowpack 
in GNP may contribute to habitat loss or deterioration by seasonal or 
permanent stream dewatering and changes in timing and volume of 
snowmelt. Considering the apparent limited range and rarity of the 
western glacier stonefly and the potential threat of habitat loss and 
deterioration, we find that the petition presents substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted due to small population size.
    Climate Change--In addition to habitat alteration induced by 
changing climate conditions, as discussed under Factor A, changing 
climate conditions may have physiological and behavioral effects on 
some species. Aquatic insects, in general, may be isolated by limited 
dispersal ability or physiological requirements for specific thermal 
criteria (Stewart and Harper 1996, p. 217; Griffith et al. 1998, p. 
199; Hauer et al. 2007, pp. 109-110). However, discerning the impacts 
to aquatic organisms from global warming may be complicated and vary 
greatly at the species level (Williams and Feltmate 1992, p. 287). 
Aquatic insects may respond to elevated temperatures in two ways: (1) 
Behaviorally, by emigrating from or changing distribution within 
stressed regions; or (2) physiologically, by adjusting the duration and 
extent of growth and development in immature stages, and by adjusting 
their ultimate size, condition, and fecundity as adults (Williams and 
Feltmate 1992, pp. 285-286). It would be speculative to assess the 
degree to which the western glacier stonefly would respond behaviorally 
or physiologically to climate alterations, due to a lack of information 
regarding the ecological requirements and characteristics of the 
species. However, we will assess this factor more thoroughly during our 
status review for the species. Therefore, we find that the petition 
does not present substantial

[[Page 78609]]

information that the western glacier stonefly would be impacted 
behaviorally or physiologically by warming temperatures associated with 
projected climate change.
Summary for Factor E
    We find that the information provided in the petition, as well as 
other information readily available in our files, presents substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted due to other natural or manmade factors 
affecting the continued existence of the western glacier stonefly, such 
as its apparent limited distribution and small population size. While 
we do not consider the species' apparently restricted range alone to be 
a risk, there is substantial information that it may be significant 
given the stressors the species may face from the loss or deterioration 
of habitat due to climate change. Though the species' habitat may be 
impacted by the loss of glaciers and perennial snowpack as discussed 
under Factor A, the species' behavioral or physiological responses and 
ability to adjust to increased temperatures caused by climate change 
cannot be predicted given the available information. We will assess 
these factors further and more thoroughly during the status review for 
the western glacier stonefly.

Finding

    On the basis of our determination under section 4(b)(3)(A) of the 
Act, we determine that the petition presents substantial scientific or 
commercial information indicating that listing the western glacier 
stonefly throughout its entire range may be warranted. This finding is 
based on information provided under Factors A, D, and E. We determine 
that the information provided under Factors B and C is not substantial.
    Because we have found that the petition presents substantial 
information indicating that listing the western glacier stonefly may be 
warranted, we are initiating a status review to determine whether 
listing the western glacier stonefly under the Act is warranted.
    The ``substantial information'' standard for a 90-day finding 
differs from the Act's ``best scientific and commercial data'' standard 
that applies to a status review to determine whether a petitioned 
action is warranted. A 90-day finding does not constitute a status 
review under the Act. In a 12-month finding, we will determine whether 
a petitioned action is warranted after we have completed a thorough 
status review of the species, which is conducted following a 
substantial 90-day finding. Because the Act's standards for 90-day and 
12-month findings are different, as described above, a substantial 90-
day finding does not mean that the 12-month finding will result in a 
warranted finding.

References Cited

    A complete list of references cited is available on the Internet at 
http://www.regulations.gov and upon request from the Montana Ecological 
Services Field Office (see FOR FURTHER INFORMATION CONTACT section 
above).

Author

    The primary authors of this document are the staff members of the 
Montana Ecological Services Field Office.

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

    Dated: December 6, 2011.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011-32431 Filed 12-16-11; 8:45 am]
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