[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Rules and Regulations]
[Pages 28513-28523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11541]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2012-0002; FXES11130900000C6-123-FF09E30000]
RIN 1018-AX59


Endangered and Threatened Wildlife and Plants; Removal of the 
Magazine Mountain Shagreen From the List of Endangered and Threatened 
Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: Under the authority of the Endangered Species Act of 1973, as 
amended (Act), we, the U.S. Fish and Wildlife Service (Service), remove 
the Magazine Mountain shagreen (Inflectarius magazinensis) from the 
Federal List of Endangered and Threatened Wildlife (delist). This 
determination is based on a thorough review of the best available 
scientific and commercial data, which indicate that the threats to this 
species have been eliminated or reduced to the point that the species 
has recovered and no longer meets the definition of threatened or 
endangered under the Act.

DATES: This rule becomes effective June 14, 2013.

ADDRESSES: This final rule, comments and materials received, as well as 
supporting documentation used in the preparation of this rule, are 
available on the Internet at http://www.regulations.gov [Docket No. 
FWS-R4-ES-2012-0002]. These materials are also available for public 
inspection, by appointment, during normal business hours at: U.S. Fish 
and Wildlife Service, Arkansas Ecological Services Field Office, 110 
South Amity Road, Suite 300, Conway, AR 72032; 501-513-4470 (phone); 
501-513-4480 (fax). Persons who use a telecommunications device for the 
deaf (TDD) may call the Federal Information Relay Services (FIRS) at 
800-877-8339.

FOR FURTHER INFORMATION CONTACT: James F. Boggs, Field Office 
Supervisor, Phone: 501-513-4470. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service (FIRS) at 800-877-8339. Direct all written questions or 
requests for additional information to: MAGAZINE MOUNTAIN SHAGREEN 
QUESTIONS, U.S. Fish and Wildlife Service, Arkansas Ecological Services 
Field Office, 110 South Amity Road, Suite 300, Conway, AR 72032.

SUPPLEMENTARY INFORMATION: 

Background

    Previous Federal Actions--On April 17, 1989, we published a final 
rule in the Federal Register (54 FR 15206) listing Magazine Mountain 
shagreen as threatened. The final rule identified the following threats 
to Magazine Mountain shagreen: loss of habitat due to a military 
proposal to conduct troop and heavy equipment movements and artillery 
operations on Magazine Mountain; loss of habitat due to development of 
a new State park on Magazine Mountain that would include construction 
of new buildings, roads, and trails; increased recreational use due to 
development of the State park; U.S. Department of Agriculture Forest 
Service (USFS) use of the land; and increased vulnerability to 
collecting and adverse habitat modification due to the species' 
restricted range. On February 1, 1994, we approved the Magazine 
Mountain Shagreen Recovery Plan (Service 1994, 12 pp.). On July 6, 
2009, we initiated a 5-year status review of this species (74 FR 
31972). This rule completes the status review. On June 19, 2012, we 
published a proposed rule in the Federal Register (77 FR 36460) to 
delist the Magazine Mountain shagreen. Additional details on previous 
Federal actions were provided in the proposed delisting rule (see 77 FR 
36461).
    Species Information--Magazine Mountain shagreen (Inflectarius 
magazinensis) is a medium-sized, dusky brown or buff-colored snail, 
measuring approximately 0.5 inch (in.; 13 millimeters (mm)) wide and 
0.3 in. (7 mm) high. Although the species' taxonomic name has changed 
since it was listed in 1989, Magazine Mountain shagreen has not been 
split from or combined with any other land snail species or subspecies. 
The entity that is now called Inflectarius magazinensis is the same 
entity that was known as Mesodon magazinensis. Additional details on 
the taxonomy of the species, including the name change, were provided 
in the proposed delisting rule (see 77 FR 36461).
    Magazine Mountain shagreen is historically known from only the 
north slope of Magazine Mountain, Logan County, Arkansas (Pilsbry and 
Ferriss 1907, p. 545; Caldwell et al. 2009, p. 4). The south slopes of 
Magazine Mountain were surveyed extensively by Caldwell (1986 in 
Service 1994, p. 3) and Caldwell et al. (2009, p. 4), but they did not 
find Magazine Mountain shagreen on the south slopes. Populations occur 
in the portion of talus (a sloping mass of loose rocks) covered by 
vegetation or leaf litter at an elevation of 2,200 feet (ft; 670.6 
meters (m)) to 2,600 ft (792.5 m) in the Savanna Sandstone formation 
calved (broken off or splintered into pieces) due to weathering and 
erosion of interbedded shales (Caldwell et al. 2009, p. 4; Service 
1994, p. 3). The majority of talus is above 2,200 ft (670.6 m) 
elevation on the north and west slopes, with Magazine Mountain shagreen 
populations occurring between 2,400 ft (731.5 m) and 2,600 ft (792.5 
m). In the north slope of Bear Hollow, the talus begins at 
approximately 2,200 ft (670.6 m) and in some calved areas extends to 
near 2,265 ft (690.4 m) elevation. In Bear Hollow, Magazine Mountain 
shagreen is restricted to the upper vegetated elevation end of this 
talus range (Caldwell et al. 2009, pp. 4-5).
    The rocky slopes formed by the removal of softer, more easily 
eroded shale on the steep slopes cause the more resistant sandstone 
capping Magazine Mountain to break off and accumulate along the flanks. 
This situation provides the ideal habitat for Magazine Mountain 
shagreen (Cohoon and Vere 1988 in Caldwell et al. 2009, p. 6). The 
total amount of available habitat for Magazine Mountain shagreen 
consists of approximately 21.6 acres (ac; 8.75 hectares (ha)) at 27 
talus habitats on Magazine Mountain's west and north slopes (Caldwell 
et al. 2009, pp. 4-5).
    The geology and forest community of Magazine Mountain were 
summarized by Caldwell et al. (2009, pp. 4-12). The average annual 
temperature is 5.9

[[Page 28514]]

degrees Fahrenheit ([deg]F; 3.3 degrees Celsius ([deg]C)) cooler on the 
summit than surrounding areas, and mid-summer temperatures are 
frequently 10 to 25 [deg]F (5.6 to 13.9 [deg]C) cooler. The mean annual 
precipitation at the summit of Magazine Mountain is 55 in. (139.7 
centimeters (cm)), approximately 5 in. (12.7 cm) greater than the lower 
elevations. The USFS owns all lands on Magazine Mountain, while the 
Arkansas Department of Parks and Tourism (ADPT) has a long-term special 
use permit to operate the State park on the summit (Service 1994, p. 3; 
Whalen 2012, pers. comm.).
    Little information is available on land snail associations (e.g., 
presence/absence of other land snails to predict habitat quality or 
occurrence of Magazine Mountain shagreen). Caldwell et al. (2009, pp. 
13-14) determined the relative abundance (number of a particular 
species as a percentage of the total population of a given area) of 
species found with Magazine Mountain shagreen. Land snails such as the 
blade vertigo (Vertigo milium) and pale glyph (Glyphyalinia lewisiana) 
were found only on the south slope talus, while the oakwood liptooth 
(Millerelix dorfeuilliana) and immature Succineidae species were found 
on the north slope talus. Thus, presence of oakwood liptooth and 
immature Succineidae in habitats suitable for Magazine Mountain 
shagreen may predict its occurrence despite negative survey results.
    Caldwell et al. (2009, pp. 15-16) presented the only information on 
life history and reproductive biology for Magazine Mountain shagreen 
(see Recovery section below). They also presented the first report on 
food habits for Magazine Mountain shagreen (Caldwell et al. 2009, p. 
16). Magazine Mountain shagreen has generalist feeding habits (able to 
utilize many food sources) similar to other land snails in its 
taxonomic family, Polygyridae (Blinn 1963, pp. 501-502; Foster 1936, 
pp. 26-31; Dourson 2008, pp. 155-156; Caldwell et al. 2009, p. 16). 
Therefore, the species is not limited by a dependence on one or a few 
food sources (Caldwell et al. 2009, p. 16).
    Prolonged drought or concomitant warming of temperatures could 
adversely affect this species by compromising nesting sites, egg 
masses, and surface feeding (Caldwell et al. 2009, p. 15). However, 
there is no data to establish that such effects are reasonably certain 
to occur. Additional details on habitat requirements were provided in 
the proposed delisting rule (77 FR 36461).

Summary of Comments and Recommendations

    In the proposed rule published on June 19, 2012 (77 FR 36460), we 
requested that all interested parties submit written comments on the 
proposal by August 20, 2012. We also contacted appropriate Federal and 
State agencies, scientific experts and organizations, and other 
interested parties and invited them to comment on the proposal. A 
newspaper notice inviting general public comment was published in the 
Arkansas Democrat Gazette. We did not receive any requests for a public 
hearing, so none was conducted.

Peer Review

    In accordance with our peer review policy published on July 1, 1994 
(59 FR 34270), we solicited expert opinion from three knowledgeable 
individuals with scientific expertise that included familiarity with 
the Magazine Mountain shagreen and its habitat, biological needs, and 
threats. We received responses from all three peer reviewers.
    We reviewed all comments received from the peer reviewers for 
substantive issues and new information regarding the delisting of 
Magazine Mountain shagreen. The peer reviewers generally concurred with 
our methods and conclusions and provided additional information, 
clarifications, and suggestions to improve the final rule. Peer 
reviewer comments are addressed in the following summary and 
incorporated into the final rule as appropriate.

Peer Reviewer Comments

    (1) Comment: One peer reviewer suggested that Mount Magazine State 
Park highlight this species for its rarity, biology, and as a 
management success story with cooperation between the Service, USFS, 
and ADPT.
    Our Response: The USFS and ADPT currently highlight this species 
via visitor center displays and park naturalist presentations. The 
Service will continue to work with the State and USFS during post-
delisting monitoring activities to manage Magazine Mountain shagreen 
and its habitat.
    (2) Comment: One peer reviewer stated that no population data are 
available. The peer reviewer stated that pre- and post-listing personal 
observations indicate population stability. The reviewer also discussed 
the natural threat of fire to more vulnerable clutch sites and 
juveniles.
    Our Response: The Service agrees that no data are available to 
estimate population size for this species, and due to the species' 
rupicolous (living or growing among rocks) nature, mark-recapture 
monitoring techniques used to estimate population size would be highly 
ineffective and cause unnecessary habitat destruction. Therefore, mark-
recapture sampling techniques have not been used with this species and 
will not be utilized during post-delisting monitoring.
    The Service acknowledged and discussed the threat of fire to 
Magazine Mountain shagreen in the proposed delisting rule (77 FR 36462 
and 36472). The USFS provides buffers around Magazine Mountain shagreen 
habitats during prescribed burns, and restricts burning to 
nonreproductive periods and pre-leaf-fall to ensure adequate leaf 
litter for the following spring reproductive period. The USFS's 
prescribed fire program and its associated timing and frequency reduces 
the likelihood of catastrophic wild fires.
    (3) Comment: One peer reviewer stated that the post-delisting 
monitoring program was well thought out but suggested adding a 
university partner.
    Our Response: The Service, USFS, and State have incorporated a 
university partner into the post-delisting monitoring plan.
    (4) Comment: One peer reviewer questioned whether natural gas 
exploration and extraction on Magazine Mountain would affect Magazine 
Mountain shagreen.
    Our Response: The USFS has designated Magazine Mountain as a 
Special Interest Area. This designation does not allow for surface 
occupancy of natural gas infrastructure. Although the USFS has leased 
mineral rights to Magazine Mountain, all natural gas extraction would 
occur using horizontal directional drilling techniques from locations 
outside the designated Special Interest Area. For this reason, the 
Service determined that natural gas exploration is not a threat to 
Magazine Mountain shagreen.
    (5) Comment: Two peer reviewers questioned whether HOBO[supreg] 
data loggers were the only type of temperature and relative humidity 
data loggers that could be used during post-delisting monitoring.
    Our Response: We acknowledge in the post-delisting monitoring plan 
that HOBO[supreg] or similar type data loggers can be used for 
collecting air and relative humidity data.
    (6) Comment: One peer reviewer suggested that post-delisting 
monitoring should occur only during daylight hours for safety reasons.
    Our Response: We acknowledge that night surveys are not practical 
due to safety concerns. We clarify in the post-

[[Page 28515]]

delisting monitoring plan that day surveys must be conducted in the 
early morning with ambient temperatures approximately 64 [deg]F (17.8 
[deg]C) and a relative humidity of 80 percent or greater. Monitoring 
will not be conducted when ambient air temperature is less than or 
equal to 55 [deg]F (12.7 [deg]C).

Comments From States

    Section 4(b)(5)(A)(ii) of the Act states that the Secretary must 
give actual notice of a proposed regulation under Section 4(a) to the 
State agency in each State in which the species is believed to occur, 
and invite the comments of such agency. Section 4(i) of the Act states, 
``the Secretary shall submit to the State agency a written 
justification for his failure to adopt regulations consistent with the 
agency's comments or petition.'' The Service submitted the proposed 
regulation to the State of Arkansas but received no formal comments 
from the State regarding the proposal.

Public Comments

    No public comments were received for the proposal to delist the 
Magazine Mountain shagreen.

Summary of Changes From Proposed Rule

    1. In the Species Information section above, we clarify that the 
USFS owns the summit of Magazine Mountain, and that the ADPT has a 
long-term special use permit to operate the State park on the summit.
    2. In the Recovery Action 1 section below, we clarify that the USFS 
designation of Magazine Mountain as a Special Interest Area also 
prohibits surface occupancy of natural gas infrastructure.
    3. In the Recovery Action 2 section below, we add the USFS Magazine 
Mountain shagreen population monitoring data from 2012.
    4. In the Recovery Action 4 section below, we clarify that sampling 
techniques (e.g., mark-recapture) used to estimate population size for 
Magazine Mountain shagreen would be ineffective due to the species' 
rupicolous nature and, therefore, would likely result in unnecessary 
habitat disturbance.

Recovery

    Section 4(f) of the Act directs us to develop and implement 
recovery plans for the conservation and survival of endangered and 
threatened species unless we determine that such a plan will not 
promote the conservation of the species. Recovery planning includes the 
development of a recovery outline shortly after a species is listed, 
and preparation of a draft and final recovery plan. The recovery 
outline guides the immediate implementation of urgent recovery actions 
and describes the process to be used to develop a recovery plan. 
Revisions of the plan may be done to address continuing or new threats 
to the species, as new, substantive information becomes available. The 
recovery plan identifies site-specific management actions that will 
achieve recovery of the species, measurable criteria that set a trigger 
for review of the species' status, and methods for monitoring recovery 
progress.
    Recovery plans are not regulatory documents and are instead 
intended to establish goals for long-term conservation of listed 
species, define criteria that are designed to indicate when the threats 
facing a species have been removed or reduced to such an extent that 
the species may no longer need the protections of the Act, and provide 
guidance to our Federal, State, other governmental and nongovernmental 
partners on methods to minimize threats to listed species. There are 
many paths to accomplishing recovery of a species, and recovery may be 
achieved without all criteria being fully met. For example, one or more 
criteria may be exceeded while other criteria may not yet be 
accomplished. In that instance, we may determine that the threats are 
minimized sufficiently and the species is robust enough to delist. In 
other cases, recovery opportunities may be discovered that were not 
known when the recovery plan was finalized. These opportunities may be 
used instead of methods identified in the recovery plan. Likewise, new 
information on the species may lead to changes in the criteria. 
Recovery of a species is a dynamic process requiring adaptive 
management that may, or may not, fully follow the guidance provided in 
a recovery plan.
    The Magazine Mountain shagreen Recovery Plan was approved by the 
Service on February 1, 1994 (Service 1994, 12 pp.). The recovery plan 
includes the following delisting criteria:
    1. Magazine Mountain shagreen will be considered recovered when 
long-term protection of its habitat is achieved; and
    2. It is determined from 10 years of data that the snail population 
is stable or increasing.
    Long-term protection of habitat will be achieved when a memorandum 
of understanding (MOU) between the USFS and the Service is developed 
and implemented. The MOU must delineate measures protecting the species 
and its habitat, must be continuous in effect, and must require a 
minimum 2-year written notification prior to cancellation by either 
party. Criteria for determining what constitutes a stable population 
were to be determined through implementation of recovery actions 
(Service 1994, p. 6). Through implementation of these actions, the 
criteria chosen as the most appropriate for determining a stable 
population were persistence over time (shown by the number of Magazine 
Mountain shagreen individuals collected annually), annual catch per 
unit effort, and size, quality, and stability of habitat.
    The recovery plan outlines six primary recovery actions to meet the 
recovery criteria described above and, therefore, address threats to 
the species. The six recovery actions for delisting Magazine Mountain 
shagreen have been met, as described below. Additionally, the level of 
protection currently afforded to the species and its habitat and the 
current status of threats are outlined in the Summary of Factors 
Affecting the Species section below.

Recovery Action 1: Provide Long-Term Protection for Magazine Mountain 
Shagreen Through a Memorandum of Understanding (MOU) Between the USFS 
and the Service To Protect Habitat

    To meet the recovery criterion to provide long-term habitat 
protection for Magazine Mountain shagreen, in 2005, the Service, USFS 
Ozark-St. Francis National Forest, and ADPT entered into a MOU that 
provides for long-term cooperation in the management and protection of 
the species and its habitat on Magazine Mountain. The MOU is a 
continuing agreement without a designated termination date.
    In 1987, the USFS designated Magazine Mountain, including the 
entire range of Magazine Mountain shagreen, as a Special Interest Area 
(Whalen 2013, pers. comm.). The USFS expanded the original Special 
Interest Area to include areas at lower elevations in the 2005 Revised 
Land Resource Management Plan (USFS 2005, p. 2-43). In 2007, the USFS 
developed a new management plan for the Special Interest Area that 
provided additional protection to Magazine Mountain shagreen from 
prescribed fires (USFS 2007, p. 10). Including additional protections 
provided through the 2007 management plan, the Special Interest Area 
designation prohibits timber harvest, prescribed burning from leaf fall 
until the end of Magazine Mountain shagreen's reproductive period, 
application of aerial fire retardant, road construction, surface 
occupancy of natural gas infrastructure and other

[[Page 28516]]

surface-disturbing activities associated with mineral extraction, and 
recreational development on talus slopes.
    Through development and implementation of the MOU and protections 
provided through the Special Interest Area designation, we consider 
this action complete.

Recovery Action 2: Determine and Monitor Population Parameters, 
Including Mapping and Monitoring the Distribution of Magazine Mountain 
Shagreen and Its Habitat and Designing and Implementing a Standard 
Survey Procedure

    Surveys: In developing the monitoring strategy for Magazine 
Mountain shagreen, 10 specific sampling stations were established in 
1996; these sampling stations later served as the long-term monitoring 
locations for the USFS. Each station was marked with permanent markers 
so that later annual monitoring effort could be repeated at the exact 
location (Robison 1996, p. 6). The survey protocol uses visual 
encounter searches (VES) to determine, map, and monitor Magazine 
Mountain shagreen population parameters and habitat (Robison 1996, pp. 
7-24). VES involves field personnel walking through an area or habitat 
for a prescribed time period systematically searching for animals and 
has been used effectively with amphibians in habitats that are widely 
spaced, such as the talus slopes that Magazine Mountain shagreen 
inhabits (Crump and Scott 1994 in Robison 1996, pp. 8-9). The 
assumption of VES is that the shorter duration in time to encounter an 
animal, the more common and abundant the animal is at any particular 
site (Robison 1997, p. 7).
    Historical surveys (pre-1996; Pilsbry and Ferriss 1906, Caldwell 
1986) for Magazine Mountain shagreen did not report population 
estimates or catch per unit effort (number of snails collected per time 
period spent surveying). More recent surveys (since 1996; see 
discussion and Tables 1, 2, and 3 below) have reported catch per unit 
effort but did not estimate population size. Since historical 
collections did not report the same information as more recent 
collections, a comparative analysis is not possible.
    In 1996, two surveys were conducted for Magazine Mountain shagreen 
at each of the 10 USFS sampling stations (Table 1; Robison 1996, pp. 
17-20). Using VES, live Magazine Mountain shagreen were found at four 
sampling stations during the period May 24-27, 1996, and four stations 
during June 6-8, 1996 (Table 1; Robison 1996, p. 19). At all sites, 
dead Magazine Mountain shagreen shells were encountered before live 
individuals were discovered (Table 1). A third survey was conducted by 
Robison in May 1997 (Table 1; Robison 1997, pp. 16-17). Live 
individuals and dead shells were found at four and five sampling 
stations, respectively (Table 1).
    The USFS conducted Magazine Mountain shagreen population monitoring 
from 1998 through 2012 using the same sampling protocols and 10 
stations established by Robison (1996). Station 10 was dropped from 
surveys in 2002, with Service approval, as no live or dead Magazine 
Mountain shagreen had been collected at this station during any 
previous surveys. However, surveys at Station 10 began again in 2012. 
One person-hour (60 minutes) per station was spent searching for 
Magazine Mountain shagreen for all survey years (1998-2012, except 
during 2000, when no surveys were conducted, and during 2007, when 
three stations were not sampled).

 Table 1--Results of Timed Searches Conducted in 1996 and 1997 at 10 Magazine Mountain Shagreen (MMS) Monitoring Stations on Magazine Mountain, Logan County, Arkansas (Robison 1996, pp. 33-35;
Robison 1997, pp. 16-17). Time Is Reported in Minutes to First Encounter. The Number of Individuals Collected Is For a 60-Minute Search Period or Number of Individuals per Hour at Each Station
                                                                                     (Catch per Unit Effort)
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                                                                                             Dead MMS Shell                                                   Live MMS
                                                                    ----------------------------------------------------------------------------------------------------------------------------
                                                                        24-27 May 1996       6-8 June 1996        19-20 May 1997       24-27 May 1996       6-8 June 1996       19-20 May 1997
                              Station                               ----------------------------------------------------------------------------------------------------------------------------
                                                                                  Time                 Time                 Time                 Time                 Time                Time
                                                                      Number     (min)     Number     (min)     Number     (min)     Number     (min)     Number     (min)     Number     (min)
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1..................................................................         0        0           0        0           0        0           0        0           0        0           0         0
2..................................................................         1       11           1       10           0        0           0        0           0        0           0         0
3..................................................................         5        6           0        0           3        8           3        7           0        0           2        13
4..................................................................         3        5           2        7           1        9           0        0           0        0           0         0
5..................................................................         3       16           4       12           2       17           2       18           2       18           1        30
6..................................................................         2        4           1        9           4        8           2       12           1       10           1        19
7..................................................................         2       12           2        6           1       14           0        0           1        9           1        46
8..................................................................         3        4           2        7           0        0           1        9           2       13           0         0
9..................................................................         0        0           0        0           0        0           0        0           0        0           0         0
10.................................................................         0        0           0        0           0        0           0        0           0        0           0         0
                                                                    ----------------------------------------------------------------------------------------------------------------------------
    Total  of individuals or shells.......................        19                   12                   11                    8                    6                    5
                                                                    ----------------------------------------------------------------------------------------------------------------------------
    Average time to encounter......................................                  8.3                  8.5                 11.2                 11.5                 12.5                  27
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The number of live and dead Magazine Mountain shagreen collected at 
each station during the period 1998-2012 are shown in Table 2. The 
amount of time (minutes) that elapsed until the first encounter of live 
and dead Magazine Mountain shagreen at each station during the period 
1998-2012 surveys is shown in Table 3.

    Overall, the number of live Magazine Mountain shagreen individuals 
collected annually from 1996-2012 indicates the species is persisting 
over time. Annual fluctuation in numbers of live Magazine Mountain 
shagreen individuals collected is likely attributable to climatic or 
temporal conditions or both (Tables 1, 2, and 3) because the snails are 
more active during times of high humidity and cooler temperatures (USFS 
2009, pp. 1, 4-5).

[[Page 28517]]

    The number of dead Magazine Mountain shagreen individuals collected 
annually from 1996-2012 has shown greater annual fluctuation than the 
number of live individuals (Tables 1, 2, and 3). A closely related 
species, shagreen (Inflectarius inflectus), is slightly smaller than 
Magazine Moutain shagreen with a ``greater diameter'' ranging from 0.37 
(9.5 mm) to 0.44 in. (11.3 mm) (mean = 0.43 in. (10.9 mm)) compared to 
0.50 (12.7 mm) to 0.55 in. (14.0 mm) (mean = 0.52 in. (13.3 mm)) for 
Magazine Mountain shagreen (Caldwell et al. 2009, p. 2). However, 
individuals of shagreen (Inflectarius inflectus), on which aperture 
(the main opening of the snail's shell) teeth are reduced, look very 
similar to Magazine Mountain shagreen. Therefore, accurate 
identification of dead Magazine Mountain shagreen, and to a much lesser 
extent live individuals, may be easily confused with the more common 
and abundant shagreen depending on surveyor experience, which has been 
variable during the 17-year monitoring period.

  Table 2--Number of Individuals Located During 60-Minute Search Periods at 10 Magazine Mountain Shagreen (MMS) Monitoring Stations on Magazine Mountain, Logan County, Arkansas, From 1998 to
2012 (USFS Unpublished Data Sheets 1999-2012, USFS 2009). The Number of Individuals Collected Is for a 60-Minute Search Period or Number of Individuals per Hour at Each Station (Catch per Unit
                                        Effort). D = Dead Shells; L = Live Snails; NS = Not Sampled; NR = Not Recorded; DM = Data Missing from USFS Files
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Dead                                                                   Year
                                                    (D) or -------------------------------------------------------------------------------------------------------------------------------------
                      Station                        Live
                                                      (L)    1998    1999    2000    2001    2002    2003    2004    2005    2006      2007     2008    2009    2010    2011    2012   1998-2012
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1.................................................       D       0       0      NS       1       0       0       0       0       0         NR       0       0       0       0       0         1
                                                         L       0       1      NS       0       2       0       1       2       0          2       0       0       0       0       0         8
2.................................................       D       0       1      NS       0       0       0       0       2      DM         NR       0       0       0       0       0         3
                                                         L       0       0      NS       0       0       0       1       0      DM          2       0       0       0       0       0         3
3.................................................       D       0       0      NS       1       0       0       0       0       0         NS       0       0       0       0       0         1
                                                         L       0       0      NS       0       0       0       0       0       0         NS       0       0       0       0       0         0
4.................................................       D       2       1      NS       2       0       1       1       0       0         NR       1       1       1       0       0        10
                                                         L       1       0      NS       0       0       0       0       0       0          1       2       0       0       0       0         4
5.................................................       D       0       0      NS       1       1       1       3       0       0         NS       1       3       5       0       0        15
                                                         L       1       1      NS       1       0       0       3       3       2         NS       3       0       0       1       0        15
6.................................................       D       2       0      NS       3       0       0       4      NR       0         NR       0       1       4       0       3        17
                                                         L       2       0      NS       2       0       2       3       4       1          1       0       0       0       0       1        16
7.................................................       D       4       0      NS       0       0       0       1       0      DM          0       0       0       1       0       0         6
                                                         L       0       0      NS       0       0       0       0       2      DM          1       0       0       0       3       0         6
8.................................................       D       0       0      NS       0       0       1       0       0       0         NS       1       1       2       0       0         5
                                                         L       0       0      NS       0       0       0       1       2       0         NS       1       0       0       0       0         5
9.................................................       D       0       0      NS       0       0       0       0       0       0         NR       0       0       0       0       0         0
                                                         L       0       0      NS       0       2       0       0       0       1          1       0       0       0       0       0         4
10................................................       D       0       0      NS       0      NS      NS      NS      NS      NS         NS      NS      NS      NS      NS       0         0
                                                         L       0       0      NS       0      NS      NS      NS      NS      NS         NS      NS      NS      NS      NS       0         0
                                                   ---------------------------------------------------------------------------------------------------------------------------------------------
    Totals........................................       D       8       2      NS       8       1       3       9       2       0      NR/NS       3       6      13       0       3        58
                                                         L       4       2      NS       3       4       2       9      13       4          8       6       0       0       4       1        60
                                                     D + L      12       4      NS      11       5       5      18      15       4          8       9       6      13       4       4       118
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


   Table 3--Minutes to First Encounter of Magazine Mountain Shagreen Individual Results of Timed Searches Conducted by the USFS at 10 Magazine Mountain Shagreen (MMS) Monitoring Stations on
 Magazine Mountain, Logan County, Arkansas, From 1998 to 2012 (USFS Unpublished Data Sheets 1999-2012, USFS 2009) Numbers Reported Are for Time (Minutes) to First Encounter of a Dead Shell or
 Live Snail. Timed Searches Were Conducted for 60 Minutes at Each Station in Each Year, Except Where Otherwise Indicated. D = Dead Shells; L = Live Snails; NS = Not Sampled; NR = Not Recorded;
                                                                               DM = Data Missing From USFS Files.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Dead                                                            Year
                                                                  (D) or -----------------------------------------------------------------------------------------------------------------------
                             Station                               Live
                                                                    (L)    1998    1999    2000    2001    2002    2003    2004    2005    2006    2007    2008    2009    2010    2011    2012
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1...............................................................       D       0       0      NS      30       0       0       0       0       0      NR       0       0       0       0       0
                                                                       L       0      11      NS       0       8       0      10       1       0      16       0       0       0       0       0
2...............................................................       D       0      42      NS       0       0       0       0      10      DM      59       0       0       0       0       0
                                                                       L       0       0      NS       0       0       0      37       0      DM      44       0       0       0       0       0
3...............................................................       D       0       0      NS      42       0       0       0       0       0      NS       0       0       0       0       0
                                                                       L       0       0      NS       0       0       0       0       0       0      NS       0       0       0       0       0
4...............................................................       D      12       1      NS      52       0      14      15       0       0      NR      55      55      20       0       0
                                                                       L      18       0      NS       0       0       0       0       0       0      50      30       0       0       0       0
5...............................................................       D       0       0      NS      12       2       1      30       0       0      NS       1       8      50       0       0
                                                                       L      36      27      NS       2       0       0      32      13      21      NS      30       0       0      60       0
6...............................................................       D      45       0      NS       8       0       0      26       6       0      NR       0      42       3       0      NR
                                                                       L      16       0      NS       2       0      10      26      10      19       1       0       0       0       0      NR
7...............................................................       D      53       0      NS       0       0       0      31       0      DM       0       0       0      29       0       0
                                                                       L       0       0      NS       0       0       0       0       3      DM      11       0       0       0      20       0
8...............................................................       D       0       0      NS       0       0       6       0       0       0      NS      55      50      12       0       0
                                                                       L       0       0      NS       0       0       0      32       1       0      NS      50       0       0       0       0
9...............................................................       D       0       0      NS       0       0       0       0       0       0      NR       0       0       0       0       0
                                                                       L       0       0      NS       0       1       0       0       0      18       7       0       0       0       0       0

[[Page 28518]]

 
10..............................................................       D       0       0      NS       0      NS      NS      NS      NS      NS      NS      NS      NS      NS      NS       0
                                                                       L       0       0      NS       0      NS      NS      NS      NS      NS      NS      NS      NS      NS      NS       0
Average Time to Encounter.......................................       D      37      22      NS      29       2       7      26       8       0      59      37      39      29       0       0
                                                                       L      23      19      NS       2       5      10      27       6      19      22      37       0       0      40       0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

     Numerous problems occur with sampling populations of terrestrial 
snails, including their rupicolous nature (living or growing on or 
among rocks), which makes it difficult to locate individuals during 
surveys; effects of climate variables (e.g., temperature and humidity) 
on snail activity; and practicality of surveys for nocturnal species 
such as Magazine Mountain shagreen (Newell 1971 and Bishop 1977 in 
Robison 1996, p. 7). Surveys are optimally conducted at night in late 
April to early May, dependent upon the onset of spring (moister 
conditions at the surface, emergence of oak catkins, temperature) 
(Caldwell et al. 2009, p. 17). A rise in relative humidity and drop in 
temperature usually causes land snails to become more active (Burch and 
Pearce 1990 in Robinson 1996, p. 7). Therefore, climatic and temporal 
variation may explain variation in number of live specimens collected 
from one survey to the next.
    Population size, density, and age structure cannot be reliably 
estimated for a rupicolous species that spends most of the year deep 
within the talus slopes of Magazine Mountain (Caldwell et al. 2009, p. 
4). Therefore, these population parameters were not estimated.
    Habitat mapping: All talus habitats inhabited by Magazine Mountain 
shagreen were assessed and spatially mapped in 2007-2008 (see Species 
Information; Caldwell et al. 2009, pp. 23-31). According to that 
assessment, the total amount of available habitat for Magazine Mountain 
shagreen consists of approximately 21.6 ac (8.75 ha) at 27 talus 
habitats on Magazine Mountain's west and north slopes (Caldwell et al. 
2009, pp. 4-5). The only other habitat assessment for Magazine Mountain 
shagreen was conducted in 1986, during a comprehensive status review 
(Caldwell 1986). In 1986, total habitat available to the species was 
estimated at 540 ac (218.5 ha). No habitat loss has occurred since 
1986, but rather more advanced technology using global positioning 
satellite mapping of talus habitat and detailed analysis of vegetative 
communities and climatic variables provided a more accurate assessment 
of the species' habitat.
    Summary of Recovery Action 2: As specified in the recovery plan and 
discussed above, Robison (1996) developed a standardized monitoring 
strategy for the USFS, and using that strategy, Magazine Mountain 
shagreen populations have been monitored annually since 1996. Despite 
variable climatic and temporal conditions preceding annual population 
monitoring, 18 years of monitoring data appear to indicate a stable 
Magazine Mountain shagreen population (Tables 1, 2, and 3), as shown by 
the species' persistence over time and stability of habitat. Surveys 
conducted by Caldwell et al. (2009) from 2007-2008 reaffirmed USFS 
monitoring results. In addition, as discussed above, all talus habitats 
inhabited by Magazine Mountain shagreen were mapped. Therefore, we 
consider this recovery action complete.

Recovery Action 3: Develop Life-History and Habitat Parameters

    The first life-history and ecology information for Magazine 
Mountain shagreen, including information on habitat (geology and forest 
community), associations with other land snails, food habits, activity 
periods, breeding, egg deposition and hatching times, growth rates, and 
limiting factors, was provided in 2009 as a result of surveys conducted 
by Caldwell et al. (2009).
    Magazine Mountain shagreen prefers moist woods with some noteworthy 
differences in the tree and shrub communities present on the north and 
south slopes of Magazine Mountain (Caldwell et al. 2009). Trees such as 
American linden (Tilia americana), sugar maple (Acer sacccharum), white 
ash (Fraxinus americana), and prickly gooseberry (Ribes cynosbati) were 
found only on the north slopes of Magazine Mountain (Caldwell et al. 
2009, pp. 6-11). Similar associations with land snails are discussed in 
the Species Information section.
    Caldwell et al. (2009, p. 16) suspected that Magazine Mountain 
shagreen lays eggs only during early spring (late April to early May), 
and egg-laying is triggered by spring rains. In the second week of May 
2007, concurrent with spring rain, Caldwell et al. (2009, p. 15-16) 
located Magazine Mountain shagreen egg masses in the leaf litter 
covering the talus. Temperatures of the substrate and rock were 63.7 
and 64.2 [deg]F (17.6 and 17.9 [deg]C), respectively. See the proposed 
delisting rule for additional details on egg masses (77 FR 36461).
    As discussed above, Caldwell et al. (2009) provide the first life-
history and ecology information for Magazine Mountain shagreen. 
Therefore, we consider this action complete.

Recovery Action 4: Determine the Parameters of a Stable Population

    Due to the rupicolous nature of Magazine Mountain shagreen, it is 
not possible, and therefore would be ineffective and result in 
unnecessary habitat disturbance, to estimate population size or age 
structure. The size and quality of habitat available to Magazine 
Mountain shagreen was defined by Caldwell et al. (2009, p. 4) (see 
Species Information). While this estimate is substantially less than 
Caldwell's previous estimate (1986; see Species Information), it 
represents a much more rigorous analysis of available habitat using 
geospatial mapping software to map habitat based on geology, forest 
community, and species survey data. In addition, monitoring data 
collected since 1996 by Robison (1996, 1997), USFS (1998-

[[Page 28519]]

2012), and Caldwell et al. (2009) show that the species is persisting 
over time despite low numbers of live/dead Magazine Mountain shagreen 
observed annually (see Tables 1, 2, and 3). Finally, permanent 
protection and management of habitat supporting Magazine Mountain 
shagreen on Magazine Mountain indicate that populations are secure and 
should remain self-sustaining for the foreseeable future. Therefore, we 
consider this action complete.

Recovery Action 5: Conduct Surveys of Potential Habitat in the Vicinity 
of Magazine Mountain

    Magazine Mountain shagreen surveys have been conducted in similar 
talus habitats near Magazine Mountain (Caldwell et al. 2009, pp. 2-6) 
in the Arkansas River Valley and areas north of the Arkansas River. 
Mount Nebo and Petit Jean Mountain were chosen for more intensive 
surveys in 2007 and 2008. The maximum elevation of Petit Jean Mountain 
(1,180 ft or 359.7 m) and Mount Nebo (1,755 ft or 534.9 m) is less than 
the minimum elevation (2,200 ft or 670.6 m) of talus habitat occupied 
by Magazine Mountain shagreen at Magazine Mountain. Mean average 
rainfall at the summit of Magazine Mountain is 55 in. (139.7 cm), 
approximately 5 in. (12.7 cm) greater than lower elevations (Service 
1994, p. 3). Forest communities of Mount Nebo more closely resemble the 
south slope of Magazine Mountain, which is not inhabited by Magazine 
Mountain shagreen. The unique combination of biotic and abiotic factors 
found on Magazine Mountain provide the requisite habitat for the 
endemic Magazine Mountain shagreen (Caldwell et al. 2009, pp. 4-6). 
Because surveys of potential habitat near Magazine Mountain have been 
conducted, we consider this action complete.

Recovery Action 6: Develop a Monitoring Plan To Ensure Recovery Has 
Been Achieved

    In conjunction with this rule, we have developed a post-delisting 
monitoring plan (see Post-Delisting Monitoring section below) that 
includes information on distribution, habitat requirements, and life 
history of Magazine Mountain shagreen and a monitoring protocol 
provided by Caldwell et al. (2009, pp. 17-18). Therefore, we consider 
this action complete.

Summary of Factors Affecting the Species

    Section 4 of the Act and its implementing regulations (50 CFR part 
424) set forth the procedures for listing species, reclassifying 
species, or removing species from listed status. ``Species'' is defined 
by the Act as including any species or subspecies of fish or wildlife 
or plants, and any distinct vertebrate population segment of fish or 
wildlife that interbreeds when mature (16 U.S.C. 1532(16)). 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 humanmade factors affecting its continued existence. 
We must consider these same five factors in delisting a species. We may 
delist a species according to 50 CFR 424.11(d) if the best available 
scientific and commercial data indicate that the species is neither 
endangered nor threatened for the following reasons: (1) The species is 
extinct; (2) the species has recovered and is no longer endangered or 
threatened (as is the case with the Magazine Mountain shagreen); and/or 
(3) the original scientific data used at the time the species was 
classified were in error.
    A recovered species is one that no longer meets the Act's 
definition of threatened or endangered. Determining whether a species 
is recovered requires consideration of the same five categories of 
threats specified in section 4(a)(1) of the Act. For species that are 
already listed as threatened or endangered, this analysis of threats is 
an evaluation of both the threats currently facing the species and the 
threats that are reasonably likely to affect the species in the 
foreseeable future following the delisting or downlisting and the 
removal or reduction of the Act's protections.
    A species is ``endangered'' for purposes of the Act if it is in 
danger of extinction throughout all or a ``significant portion of its 
range'' and is ``threatened'' if it is likely to become endangered 
within the foreseeable future throughout all or a ``significant portion 
of its range.'' The word ``range'' in the significant portion of its 
range (SPR) phrase refers to the range in which the species currently 
exists. For the purposes of this analysis, we will evaluate whether the 
currently listed species, the Magazine Mountain shagreen should be 
considered threatened or endangered. Then we will consider whether 
there are any portions of the Magazine Mountain shagreen range in 
danger of extinction or likely to become endangered within the 
foreseeable future.
    The following analysis examines all five factors currently 
affecting, or that are likely to affect, the Magazine Mountain shagreen 
within the foreseeable future. In making this final determination, we 
have considered all scientific and commercial information available, 
which includes monitoring data collected from 1996 to 2012 (Robison 
1996, USFS 2009, USFS 1999-2012 unpublished data) and life-history and 
habitat information (Caldwell et al. 2009).

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

    The 1989 final rule to list Magazine Mountain shagreen as 
threatened (54 FR 15206) identified the following habitat threats: 
Possible negative effects from USFS use of the land, a military 
proposal that would bring troop training exercises and heavy equipment 
into the species' habitat, and the development of a new State park and 
lodge on Magazine Mountain.
    The 1989 final listing rule cited the species' restricted range as 
its greatest vulnerability to land use change or activity that would 
modify the talus slopes inhabited by the species. A request from the 
ADPT for a special use permit from the USFS to develop a State park and 
the associated construction of buildings, roads, trails, pipelines, and 
recreational activities had the potential to adversely affect Magazine 
Mountain shagreen and its habitat if talus slopes were disturbed. In 
1993, several agencies, including the Service, contributed to an 
environmental impact statement (EIS) for the development and 
construction of a State park on the summit of Magazine Mountain 
(Service 1994, p. 5). Of the five assessed alternatives, the selected 
alternative included construction of facilities on the south slopes, 
improvement of existing camping and picnic facilities on the north 
slopes, additional hiking trails, and a reconstructed homestead. 
However, it was determined that, with appropriate management, the 
selected alternative would not adversely affect Magazine Mountain 
shagreen. Furthermore, mitigation measures completed as part of the 
park development and maintenance that helped minimize potential adverse 
effects to Magazine Mountain shagreen and its habitat included 
development of a revegetation/erosion/sediment control plan, monitoring 
of sensitive species habitats, and reduction of foot traffic along 
bluff lines and rock outcrops.

[[Page 28520]]

Therefore, development of the State park and its associated 
recreational and maintenance activities no longer poses a threat to the 
survival of Magazine Mountain shagreen.
    Since the final listing rule was published, the USFS Ozark-St. 
Francis National Forests designated areas downslope (at lower 
elevations) of Magazine Mountain shagreen habitat as part of the Mount 
Magazine Special Interest Area. This designation still encompasses all 
of the known range of Magazine Mountain shagreen plus a 600-ft (182.9-
m) contour interval buffer. The Special Interest Area designation and 
its associated management plan, revised in 2007, also protects the area 
from land management practices that might be detrimental to Magazine 
Mountain shagreen and its habitat (USFS 2007). In 2005, the Service, 
USFS Ozark-St. Francis National Forests, and ADPT entered into a MOU 
that provides for long-term cooperation in the management and 
protection of Magazine Mountain shagreen and its habitat on Magazine 
Mountain. The MOU is a continuing agreement without a designated 
termination date. Therefore, USFS land use activities no longer pose a 
threat to the survival of Magazine Mountain shagreen.
    Wildfires have been cited as the single greatest threat to Magazine 
Mountain shagreen (Caldwell et al. 2009, p. 18). The USFS's prescribed 
fire program and its associated timing and frequency will reduce the 
likelihood of catastrophic wildfires. The prescribed fire program also 
provides a buffer around Magazine Mountain shagreen habitat. The ADPT 
restricts campfires and open flame cooking to designated areas to 
minimize the potential for wildfires that may potentially threaten 
Magazine Mountain shagreen and its habitat, as well as State park 
buildings and structures.
    The U.S. Army is no longer considering the use of Magazine Mountain 
for military training exercises, an activity that was considered an 
imminent threat to Magazine Mountain shagreen when it was listed. The 
U.S. Army has no plans to conduct military training exercises on 
Magazine Mountain in the foreseeable future and withdrew its previous 
consideration after Magazine Mountain shagreen was listed as threatened 
in 1989 (Service 1994, p. 5). Therefore, potential U.S. Army military 
training operations no longer pose a threat to the survival of Magazine 
Mountain shagreen.
    Summary of Factor A: Through management agreements and special 
designations, habitat supporting Magazine Mountain shagreen on Magazine 
Mountain is secure, and will remain permanently protected and managed 
for talus habitat. Therefore, we find that the present or threatened 
destruction, modification, or curtailment of its habitat or range is no 
longer a threat to Magazine Mountain shagreen.

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

    The final rule to list Magazine Mountain shagreen identified 
overutilization as a potential threat. A knowledgeable collector could 
adversely affect the population by removing large numbers of 
individuals. However, to the Service's knowledge, no Magazine Mountain 
shagreen individuals have been removed from the population for 
commercial, recreational, scientific, or educational purposes since the 
species was listed in 1989, except by Caldwell et al. (2009), who were 
permitted through a section 10(a)(1)(A) research permit to remove an 
egg mass from the wild to learn more about the life history of Magazine 
Mountain shagreen. The Arkansas Game and Fish Commission (AGFC) 
requires a permit for collection of individuals for scientific and 
educational purposes. Recreational collection is not permitted. 
Likewise, ADPT requires a permit for collection of plants and animals 
within State park boundaries. The State Park falls within the area 
designated as a Special Interest Area, and collection and removal of 
plants and non-game animals is by USFS permit only in the Special 
Interest Area. There is no commercial market for Magazine Mountain 
shagreen, nor is there likely to be a commercial market in the 
foreseeable future. Moreover, all habitat for this species is protected 
by one or more management agencies which require permits for 
collection.
    It is the Service's opinion that, due to the species' restricted 
range, the AGFC's and ADPT's permitting requirements and restrictions 
will provide sufficient protection to Magazine Mountain shagreen 
following delisting.
    Summary of Factor B: Magazine Mountain shagreen is not sought after 
for commercial purposes, and recreational collection of animals and 
plants within Magazine Mountain State Park is prohibited. The AGFC 
requires a scientific collection permit for scientific, recreational, 
and educational purposes, and it is the Service's opinion that it is 
very unlikely that AGFC would permit any activity that would result in 
overutilization of Magazine Mountain shagreen. Therefore, we find that 
overutilization for commercial, recreational, scientific, or 
educational purposes is no longer a threat to Magazine Mountain 
shagreen and will not become a threat in the foreseeable future.

Factor C. Disease or Predation

    The 1989 listing rule for Magazine Mountain shagreen (54 FR 15206) 
did not list any threats to the species from disease or predation. The 
best available science does not provide any evidence that either of 
these factors has become a threat to this species since it was listed 
in 1989, nor will either become a threat in the foreseeable future. 
Therefore, we find that disease and predation are not threats to 
Magazine Mountain shagreen.

Factor D. The Inadequacy of Existing Regulatory Mechanisms

    The 1989 final rule to list Magazine Mountain shagreen (54 FR 
15206) indicated that no protections other than the USFS Special 
Interest Area existed to protect Magazine Mountain shagreen and its 
habitat. The entire range of Magazine Mountain shagreen is on USFS 
property and the summit of Magazine Mountain is jointly managed by ADPT 
as a State Park. Collection of animals is prohibited in the State Park 
and Special Interest Area, and there is no indication that this 
prohibition is not effective in preventing collection of this species. 
Collection of plants and non-game animals is by USFS permit only in the 
Special Interest Area. In 2005, the Service, USFS Ozark-St. Francis 
National Forests, and ADPT entered into an MOU that provides for long-
term cooperation in the management and protection of Magazine Mountain 
shagreen and its habitat on Magazine Mountain. The MOU is a continuing 
agreement without a designated termination date.
    Summary of Factor D: We believe that the protected status of the 
lands where Magazine Mountain shagreen currently exists will continue 
to provide adequate regulatory protection for this species. Therefore, 
we find that inadequacy of existing regulatory mechanisms is no longer 
a threat to Magazine Mountain shagreen.

Factor E. Other Natural or Manmade Factors Affecting Its Continued 
Existence

    The 1989 final listing rule for Magazine Mountain shagreen (54 FR 
15206) identified the restricted range (Magazine Mountain), 
temperature, and moisture as potential stressors to Magazine Mountain 
shagreen. Magazine Mountain shagreen inhabits 27 talus habitats on the 
north and west slopes of Magazine Mountain, Logan County,

[[Page 28521]]

Arkansas. Populations occur in the vegetated and leaf litter covered 
portion of talus rock between 2,200 ft (670.6 m) and 2,600 ft (792.5 
m). This species continues to occupy a restricted range, however, as a 
result of habitat protection provided by the USFS and ADPT (see 
analysis under Factors A and D above), the vulnerability associated 
with restricted range has been reduced.
    The Intergovernmental Panel on Climate Change (IPCC) concluded that 
evidence of warming of the climate system is unequivocal (IPCC 2007a, 
p. 30). Numerous long-term climate changes have been observed, 
including changes in arctic temperatures and ice, widespread changes in 
precipitation amounts, ocean salinity, wind patterns and aspects of 
extreme weather including droughts, heavy precipitation, heat waves, 
and the intensity of tropical cyclones (IPCC 2007b, p. 7). While 
continued change is certain, the magnitude and rate of change is 
unknown in many cases. Species that are dependent on specialized 
habitat types, limited in distribution, or that have become restricted 
to the extreme periphery of their range will be most susceptible to the 
effects of climate change.
    Estimates of the effects of climate change using available climate 
models lack the geographic precision needed to predict the magnitude of 
effects at a scale small enough to discretely apply to the range of 
Magazine Mountain shagreen. However, data on recent trends and 
predicted changes for the Southeast United States (Karl et al. 2009, 
pp. 111-116) provide some insight for evaluating the potential threat 
of climate change to Magazine Mountain shagreen. Since 1970, the 
average annual temperature of the region has increased by about 2 
[deg]F (1.1 [deg] C), with the greatest increases occurring during 
winter months. The geographic extent of areas in the Southeast region 
affected by moderate to severe spring and summer drought has increased 
over the past three decades by 12 and 14 percent, respectively (Karl et 
al. 2009, p. 111). These trends are expected to increase.
    Rates of warming are predicted to more than double in comparison to 
what the Southeast has experienced since 1975, with the greatest 
increases projected for summer months. Depending on the emissions 
scenario used for modeling change, average temperatures are expected to 
increase by 4.5 [deg]F to 9 [deg]F (2.5 [deg]C to 5 [deg]C) by the 
2080s (Karl et al. 2009, pp. 111). While there is considerable 
variability in rainfall predictions throughout the region, increases in 
evaporation of moisture from soils and loss of water by plants in 
response to warmer temperatures are expected to contribute to the 
effect of these droughts (Karl et al. 2009, pp. 112).
    Since Magazine Mountain shagreen prefers cool, moist microhabitats, 
prolonged drought and concomitant warming of temperatures could 
adversely affect the species. In particular, nesting sites and egg 
masses may be affected (Caldwell et al. 2009, p. 15). However, no data 
exist to establish that such effects are reasonably certain to occur. 
In addition, the species possesses biological traits that may provide 
resilience to this potential threat. For example, Magazine Mountain 
shagreen tends to retreat into the talus slopes during dry periods. Egg 
masses were discovered in 2007 in the leaf litter covering the talus 
(Caldwell et al. 2009, p. 15-16); this tendency for Magazine Mountain 
shagreen to lay eggs in the leaf litter likely helps protect egg masses 
from desiccation (drying out).
    We are not aware of any climate change information specific to the 
habits or habitat (i.e., talus slopes) of the Magazine Mountain 
shagreen that would indicate what potential effects climate change and 
increasing temperatures may have on this species. Therefore, based on 
the best available information, we do not have any evidence to 
determine or conclude that climate change is a threat to Magazine 
Mountain shagreen now or within the foreseeable future.
    Summary of Factor E: At this time, we do not have sufficient 
information to document that climate changes observed to date had or 
will have any adverse effect on Magazine Mountain shagreen or its 
habitat. Therefore, we find that the other natural or manmade factors 
considered here do not pose a threat to Magazine Mountain shagreen, nor 
are they likely to be threats in the foreseeable future. Post-delisting 
monitoring will also afford an opportunity to monitor the status of the 
species and the impacts of any natural events that may occur for 5 
years.

Summary of Factors

    The primary factors that threatened Magazine Mountain shagreen at 
the time of listing were: The present or threatened destruction, 
modification, or curtailment of its habitat or range; overutilization 
for commercial, recreational, scientific, or educational purposes; the 
inadequacy of existing regulatory mechanisms; and other natural or 
humanmade factors affecting its continued existence. Based on the 
analysis above, these factors have been removed or ameliorated.

Determination

    We have carefully assessed the best scientific and commercial 
information available regarding the threats faced by Magazine Mountain 
shagreen in developing this rule. Based on the five-factor analysis 
above, Magazine Mountain shagreen does not currently meet the Act's 
definition of endangered in that it is not in danger of extinction 
throughout all of its range, or the definition of threatened in that it 
is not likely to become endangered in the foreseeable future throughout 
all of its range.

Significant Portion of the Range Analysis

    Having determined that Magazine Mountain shagreen does not meet the 
definition of endangered or threatened throughout its range, we must 
next consider whether there are any significant portions of its range 
that are in danger of extinction or likely to become endangered.
    Applying the process described in the proposed rule (see 77 FR 
36473-36475), we evaluated the range of Magazine Mountain shagreen to 
determine if any area could be considered a significant portion of its 
range. As discussed in the proposed rule, a portion of a species' range 
is significant if it is part of the current range of the species and is 
important to the conservation of the species because it contributes 
meaningfully to the representation, resiliency, or redundancy of the 
species. The contribution must be at a level such that its loss would 
result in a decrease in the ability to conserve the species. There is 
no significant variability in the habitats across the range occupied by 
Magazine Mountain shagreen, which encompasses approximately 8.75 ha 
(21.6 ac) at 27 talus habitats on Magazine Mountain's west and north 
slopes in Logan County, Arkansas. The basic ecological components 
required for the species to complete its life cycle are present 
throughout the habitats occupied by Magazine Mountain shagreen. No 
specific location within the current range of the species provides a 
unique or biologically significant function that is not found in other 
portions of the range. Furthermore, as discussed in the five-factor 
analysis above, all threats to this species have been eliminated 
throughout its range.
    In conclusion, we have determined there are no existing or 
potential threats, either alone or in combination with others, that are 
likely to cause Magazine Mountain shagreen to become endangered or 
threatened now or within the foreseeable future throughout a

[[Page 28522]]

significant portion of its range. On the basis of this evaluation, 
Magazine Mountain shagreen no longer requires the protection of the 
Act, and we remove Magazine Mountain shagreen from the Federal List of 
Endangered and Threatened Wildlife (50 CFR 17.11(h)).

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing encourages and results in 
conservation actions by Federal, state, and private agencies, groups, 
and individuals. This rule removes these Federal conservation measures 
for Magazine Mountain shagreen.

Effects of This Rule

    This final rule revises 50 CFR 17.11(h) to remove the Magazine 
Mountain shagreen from the Federal List of Endangered and Threatened 
Wildlife. The prohibitions and conservation measures provided by the 
Act, particularly through sections 7 and 9, no longer apply to this 
species. Federal agencies are no longer required to consult with the 
Service under section 7 of the Act in the event that activities they 
authorize, fund, or carry out may affect the Magazine Mountain 
shagreen. Because critical habitat was not designated for this species, 
this rule would not affect 50 CFR 17.95.

Post-Delisting Monitoring

    Section 4(g)(1) of the Act requires us, in cooperation with the 
States, to monitor species that are delisted due to recovery for at 
least 5 years. The purpose of this requirement is to develop a program 
that detects the failure of any delisted species to sustain itself 
without the protective measures provided by the Act. If, at any time 
during the monitoring period, data indicate that protective status 
under the Act should be reinstated, we can initiate listing procedures, 
including, if appropriate, emergency listing.
    A post-delisting monitoring plan has been developed for the 
Magazine Mountain shagreen, building upon and continuing the research 
that was conducted during the listing period. Peer review comments 
submitted in response to the draft post-delisting monitoring plan have 
been addressed within the body of the plan. The plan:
    (1) Summarizes the species' status at the time of delisting;
    (2) Defines thresholds or triggers for potential monitoring 
outcomes and conclusions;
    (3) Lays out frequency and duration of monitoring;
    (4) Articulates monitoring methods, including sampling 
considerations;
    (5) Outlines data compilation and reporting procedures and 
responsibilities;
    (6) Identifies localities selected for post-delisting monitoring; 
and
    (7) Lays out an implementation schedule, including timing and 
responsible parties.
    The final post-delisting monitoring identifies measurable response 
triggers (thresholds) for detecting and reacting to significant changes 
in Magazine Mountain shagreen distribution, persistence, and protected 
habitat. If declines are detected equal to or exceeding the thresholds 
described in the final post-delisting monitoring plan, the Service in 
combination with other post-delisting monitoring participants will 
investigate causes of these declines, including considerations of 
habitat changes, substantial human persecution, stochastic events, or 
any other significant evidence. The result of the investigation will be 
to determine if the Magazine Mountain shagreen warrants expanded 
monitoring, additional research, additional habitat protection, or 
resumption of Federal protection under the Act.
    The final post-delisting monitoring plan is available at http://www.regulations.gov at Docket No. FWS-R4-ES-2012-0002, and any future 
revisions will be posted on our Endangered Species Program's national 
Web page (http://www.fws.gov/endangered) and on the Arkansas Ecological 
Field Services Office Web page (http://www.fws.gov/arkansas-es/).

Required Determinations

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

    This rule does not contain any new collections of information that 
require approval by Office of Management and Budget (OMB) under the 
Paperwork Reduction Act. This rule will not impose recordkeeping or 
reporting requirements on State or local governments, individuals, 
businesses, or organizations. An agency may not conduct or sponsor, and 
a person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.

National Environmental Policy Act

    We have determined that we do not need to prepare an environmental 
assessment or environmental impact statement, as defined in the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), in 
connection with regulations adopted pursuant to section 4(a) of the 
Endangered Species Act. We published a notice outlining our reasons for 
this determination in the Federal Register on October 25, 1983 (48 FR 
49244).

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 the Department 
of the Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. We have determined that no 
Tribes or tribal lands will be affected by this rule.

References Cited

    A complete list of all references cited in this final rule is 
available at http://www.regulations.gov at Docket No. [FWS-R4-ES-2012-
0002], or upon request from the Arkansas Ecological Services Field 
Office (see ADDRESSES).

Author

    The primary authors of this final rule are staff members of the 
Arkansas Ecological Services Field Office (see FOR FURTHER INFORMATION 
CONTACT).

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

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

PART 17--[AMENDED]

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 1531-1544; 4201-4245; unless 
otherwise noted.


Sec.  17.11  [Amended]

0
2. Amend Sec.  17.11(h) by removing the entry for ``Shagreen, Magazine 
Mountain'' under ``Snails'' from the List of Endangered and Threatened 
Wildlife.


[[Page 28523]]


    Dated: April 30, 2013.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-11541 Filed 5-14-13; 8:45 am]
BILLING CODE 4310-55-P