[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Proposed Rules]
[Pages 30990-30996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13136]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2015-0030; FF09E42000 156 FXES11130900000]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition To Remove the Bone Cave Harvestman (Texella reyesi) From the 
List of Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on a petition to remove the Bone Cave harvestman 
(Texella reyesi) from the List of Endangered and Threatened Wildlife 
under the Endangered Species Act of 1973, as amended (Act). Based on 
our review, we find that the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted. Therefore, we are not initiating a status 
review in response to this petition. However, we ask the public to 
submit to us any new information that becomes available concerning the 
status of, or threats to, the Bone Cave harvestman or its habitat at 
any time.

DATES: The finding announced in this document was made on June 1, 2015.

ADDRESSES: Copies of the petition are available in the docket 
associated with this notice at http://www.regulations.gov and at http://fws.gov/southwest/es/austintexas/ or upon request from the Field 
Supervisor of the Austin Ecological Services Field Office, 10711 Burnet 
Road, Suite 200, Austin, TX 78758.

FOR FURTHER INFORMATION CONTACT: Adam Zerrenner, Field Supervisor, 
Austin Ecological Services Field Office, 10711 Burnet Road, Suite 200, 
Austin, TX 78758; by telephone at 512-490-0057; or by facsimile at 512-
490-0974. If you use a telecommunications device for the deaf (TDD), 
please call the Federal Information Relay Service (FIRS) at 800-877-
8339.

SUPPLEMENTARY INFORMATION:

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.
    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)(1)). If we find that substantial 
scientific or commercial information was presented, we are required to 
promptly conduct a species status review, which we subsequently 
summarize in a 12-month finding.

Petition History

    On June 2, 2014, we received a petition from John Yearwood, Kathryn 
Heidemann, Charles and Cheryl Shell, the Walter Sidney Shell Management 
Trust, the American Stewards of Liberty, and Steven W. Carothers 
requesting that we remove the endangered Bone Cave harvestman from the 
Federal lists of endangered and threatened species. The petition 
clearly identified itself as a petition and included the requisite 
identification information for the petitioners, as required in 50 CFR 
424.14(a). This finding addresses the petition.

Previous Federal Actions

    The Bone Cave harvestman was originally listed as endangered on 
September 16, 1988 (53 FR 36029). In an August 18, 1993, Federal 
Register document (58 FR 43818), the Service gave the Bone Cave 
harvestman protection under the Act as a separate species. It had 
previously been listed as endangered as a part of the Bee Creek Cave 
harvestman (Texella reddelli), which was subsequently re-classified 
into two species, and this final rule set forth technical corrections 
to ensure that the species continued to receive protection under the 
Act. On March 14, 1994, we published a 90-day finding (59 FR 11755) on 
a petition to delist the Bone Cave harvestman in which we found that 
the petition did not present substantial scientific or commercial 
information indicating that the petitioned action may have been 
warranted. A draft recovery plan was available for public review and 
comment on June 7, 1993, and a final recovery plan was published on 
August 25, 1994 (Service 1994). On December 4, 2009, we completed a 5-
year review of the Bone Cave harvestman, which recommended that the 
species remain listed as endangered (Service 2009).

Species Information

    For information on the biology and life history of the Bone Cave 
harvestman, see the final rule listing this species (53 FR 36029), the 
Endangered Karst Invertebrates Recovery Plan for Travis and Williamson 
Counties (Service 1994), and the 5-year Status Review for the Bone Cave 
Harvestman (Service 2009), all posted at http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=J009. For 
information on preserve design and management for karst invertebrate 
species conservation, see the Karst Preserve Design Recommendations 
(Service 2012) and the Karst Preserve Management and Monitoring 
Recommendations (Service 2014) posted at http://www.fws.gov/southwest/es/AustinTexas/ESA_Sp_KarstInverts.html.

[[Page 30991]]

Evaluation of Information for This Finding

    Under section 3(16) of the Act, we may consider for listing any 
species, including subspecies, of fish, or wildlife, or plants, and any 
distinct population segment (DPS) of any species of vertebrate fish or 
wildlife that interbreeds when mature (16 U.S.C. 1532(16)). Such 
entities are listed under the Act if we determine that they meet the 
definition of an endangered or threatened species.
    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations at 50 CFR 424 set forth the procedures for adding a species 
to, or removing a species from, the lists of endangered and threatened 
species. 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.
    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 is recovered; or
    (3) the original data for classification were in error. According 
to 50 CFR 424.11(d)(3), a species may be delisted when subsequent 
investigations ``show that the best scientific and commercial data 
available when the species was listed, or the interpretation of such 
data, were in error.''
    In making this 90-day finding, we evaluated whether the petition 
presented substantial information indicating that the petitioned action 
(delisting) may be warranted.
    The petition did not assert that the Bone Cave harvestman is 
extinct, nor do we have information in our files indicating that the 
species is extinct.
    The petition asserted that new information indicates that the 
original data, or our interpretation of the data, used in the listing 
of this species were in error. The petition also states that 
significant conservation has been put in place since the species was 
listed, such that the species is recovered.
    In 2009, we conducted a 5-year status review of the Bone Cave 
harvestman (Service 2009). The purpose of a 5-year status review is to 
evaluate whether or not the species' status has changed since it was 
listed (or since the most recent 5-year review). Based on a 5-year 
review, we recommend whether the species should be removed from the 
lists of endangered and threatened species, be changed in status from 
endangered to threatened, or be changed in status from threatened to 
endangered. As part of the 2009 Bone Cave harvestman review, we 
evaluated whether the species had met the recovery criteria laid out in 
the species' recovery plan (Service 1994, pp. 86-89).
    Our recovery handbook (Service 2010) points out that recovery 
criteria should address the biodiversity principles of resiliency, 
redundancy, and representation (Schaffer and Stein 2000).
    Resiliency is defined as the ability of a species to persist 
through severe hardships or stochastic events (Tear et al. 2005, p. 
841). A variety of factors contribute to a species' resiliency. These 
can include how sensitive the species is to disturbances or stressors 
in its environment, how often they reproduce and how many young they 
have, and their specific habitat needs. A species' resiliency can also 
be affected by the resiliency of individual populations and the number 
of populations and their distribution across the landscape. Protecting 
multiple populations and variation of a species across its range may 
contribute to its resiliency, especially if some populations or 
habitats are more susceptible or better adapted to certain threats than 
others (Service and NOAA 2011, p. 76994). The ability of individuals 
from populations to disperse and recolonize an area that has been 
extirpated may also influence the species' resiliency. As population 
size and habitat quality increase, the population's ability to persist 
through periodic hardships also increases. Healthy populations are more 
resilient and better able to withstand disturbances such as random 
fluctuations in birth rates (demographic stochasticity), and variation 
in rainfall and/or temperatures (environmental stochasticity).
    Redundancy is defined as ensuring a sufficient number of 
populations to provide a margin of safety to reduce the risk of losing 
a species or certain representation (variation) within a species due to 
catastrophic events or other threats. Redundancy is essential for long-
term viability (Shaffer and Stein 2000, pp. 307, 309-310; Groves et al. 
2002, p. 506). This provides a margin of safety for a species to 
withstand catastrophic events (Service and NOAA 2011, p. 76994) by 
decreasing the chance of any one event affecting the entire species. 
Redundancy is about spreading risk and can be measured through the 
duplication and distribution of resilient populations across the range 
of the species.
    Representation is defined as conserving ``some of everything'' with 
regard to genetic and ecological diversity to allow for future 
adaptation and maintenance of evolutionary potential. Representation 
and the adaptive capabilities (Service and NOAA 2011, p. 76994) of the 
Bone Cave harvestman are also important for long-term viability. 
Because a species' genetic makeup is shaped through natural selection 
by the environments it has experienced (Shaffer and Stein 2000, p. 
308), populations should be protected in the array of different 
environments in which the invertebrate species occur as a strategy to 
ensure genetic representation, adaptive capability, and conservation of 
the species. Generally, the more representation, or diversity, the 
species has, the more it is capable of adapting to changes (natural or 
human caused) in its environment.
    The recovery plan for the Bone Cave harvestman (Service 1994, pp. 
86-88) identifies criteria for reclassification (from endangered to 
threatened), but does not include delisting criteria because we were 
uncertain about prospects for recovery and delisting of the species. 
These recovery criteria are a way of measuring our progress toward 
recovery. The recovery plan identifies two criteria for reclassifying 
the species from endangered to threatened:
    (1) Three karst fauna areas (if at least three exist) within each 
karst fauna region in its range are protected in perpetuity. If fewer 
than three karst fauna areas exist within a given karst fauna region, 
then all karst fauna areas within that region should be protected.
    (2) Criterion (1) has been maintained for at least 5 consecutive 
years with assurances that these areas will remain protected in 
perpetuity.
    There are six karst fauna regions in Travis and Williamson Counties 
that are known to contain the Bone Cave harvestman (Service 1994, p. 
33): North Williamson, Georgetown, McNeil/Round Rock, Cedar Park, 
Jollyville Plateau, and Central Austin. These regions are used as a way 
to facilitate conservation of representation and redundancy (as defined 
above) throughout the species' range.
    For the purposes of the recovery plan, a karst fauna area ``is an 
area known to

[[Page 30992]]

support one or more locations of a listed species and is distinct in 
that it acts as a system that is separated from other karst fauna areas 
by geologic and hydrologic features and/or processes that create 
barriers to the movement of water, contaminants, and troglobitic 
fauna'' that live their entire lives underground (Service 1994, p. 76). 
Karst fauna areas should be far enough apart so that if a catastrophic 
event (for example, contamination of the water supply, flooding, 
disease) were to destroy one of the areas, that event would not likely 
destroy any other area occupied by that species (Service 1994, p. 76).
    To be considered ``protected,'' a karst fauna area must be 
sufficiently large to maintain the integrity of the karst ecosystem on 
which the species depends (Service 1994, p. 87). In addition, these 
areas must also provide protection from threats such as red imported 
fire ants, habitat destruction, and contaminants.
    The overall recovery strategy for the Bone Cave harvestman includes 
the perpetual protection and management of an adequate quantity and 
quality of habitat (three karst fauna areas in each karst fauna 
regions) that spans the species' geographic range and provides a high 
probability of the species' recovery and survival over the long term. 
Adequate quality (as discussed below) and quantity of habitat refers to 
both size and number of preserved karst fauna areas that are sufficient 
for supporting the karst invertebrates and the ecosystems upon which 
they depend (Service 2011, p. 16). The recovery plan criteria call for 
three karst fauna areas (preserves) in each karst fauna region. The 
size of karst fauna area preserves should be large enough to ensure 
resiliency as discussed above and to protect the environmental 
integrity of the karst ecosystems upon which the species depends. The 
number of karst fauna area preserves called for in the recovery 
criteria provides redundancy for the species. A minimal level of 
redundancy is essential to provide a margin of safety for the species 
to reduce the risk of losing the species or representation (variation) 
within the species from catastrophic events or other threats (Shaffer 
and Stein 2000 pp. 307, 309-310, Groves et al. 2002, p. 506). The Bone 
Cave harvestman has significant geographic variability across its 
range, and loss of a significant number of locations in part of its 
range could result in loss of genetic and ecological diversity. The 
conservation of multiple karst fauna area preserves across the Bone 
Cave harvestman's range should provide representation of the breadth of 
its genetic and ecological diversity to conserve its adaptive 
capabilities (Schaffer and Stein 2000, p. 308).
    Adequate quality of habitat refers to (1) the condition and 
configuration of preserved lands with respect to the known localities 
for the species and (2) the ability of the species' needs to be met to 
sustain viable populations. Due to the uncertainty in determining 
population viability of the Bone Cave harvestman, the design of 
preserves for its protection should be based on estimates and 
assumptions that favor a high probability for recovery of this species 
and the ecosystems upon which it depends as discussed below.
    The Endangered Karst Invertebrates Recovery Plan for Travis and 
Williamson Counties (Service 1994) calls for protecting karst fauna 
areas sufficiently large to maintain the integrity of the karst 
ecosystem on which the species depends. This focus on the ecosystem is 
consistent with the purpose of the Act, which includes ``to provide a 
means whereby the ecosystem upon which endangered species and 
threatened species depend may be conserved.'' Therefore, we recommend 
designing karst fauna area preserves to protect occupied karst 
feature(s) and associated mesocaverns (humanly impassable voids). For 
further guidance on how to provide for adequate quantity and quality of 
habitat at specific invertebrate locations, we have developed and refer 
to our Karst Preserve Design Recommendations (Service 2012).
    According to our preserve design guidelines (Service 2012, p. 3-5), 
karst fauna area preserves should include the following: (1) Surface 
and subsurface drainage basins of at least one occupied cave or karst 
feature; (2) a minimum of 16 to 40 hectares (ha) (40 to 100 acres (ac)) 
of contiguous, unfragmented, undisturbed land to maintain native plant 
and animal communities around the feature and protect the subsurface 
karst community; (3) 105-meter (m) (345-feet (ft)) radius undisturbed 
area from each cave footprint for cave cricket foraging (cave crickets 
are an important source of nutrient input to the karst ecosystem) and 
to minimize deleterious edge effects; and (4) preserves should be free 
of pipelines, storage tanks, or other facilities (for example, water 
retention ponds) that could cause contamination.
    In addition, due to the uncertainty in determining population 
viability and habitat requirements of the Bone Cave harvestman, the 
design of preserves for its protection should be based on estimates and 
assumptions that favor a high probability for recovery of the species 
and the ecosystems upon which it depends. This method follows a 
precautionary approach, which provides guidance to avert irreversible 
risk when facing uncertainty (Service 2012, p. A-1). The best available 
scientific information indicates that this species cannot be 
reintroduced into existing habitat. Life-history characteristics of 
this species indicate that it requires stable temperature and humidity 
(Barr 1968, p. 47, Mitchell 1971, p. 250) and suggest that this species 
cannot be reintroduced because it cannot withstand surface climatic 
conditions.
    According to anecdotal reports provided to our field office, 
limited efforts to maintain karst invertebrates in a lab setting have 
been unsuccessful. Additionally, captive propagation techniques have 
not been developed for karst invertebrates and may be challenging to 
develop because of their specific adaptations to subterranean 
environment. Further, the sample size that would likely be needed to 
reintroduce a population into a new location cannot be obtained from 
existing populations due to the cryptic nature of this species and the 
fact that often only a few individuals are observed per cave survey. 
Therefore, an attempt to re-establish a population after it has been 
extirpated is not feasible at this time. In addition, if a preserve is 
later found to be insufficient to support the species due to 
surrounding developments being either too close or too dense, the 
potential for adequately conserving the site is lost.
    Because the Bone Cave harvestman has a relatively long life span 
and low requirements for food, a decline in population size or even the 
complete extirpation of the population due to the influence of 
development or other threats may take years or even decades. 
Observations of this species over several years on a preserve that is 
too small for perpetual species preservation may not allow detection of 
declines that are actually occurring. If these observations are used as 
evidence that a preserve size was adequate, then the potential for 
long-term preservation of the species may be lost due to irreversible 
development surrounding the preserve. Therefore, preserve sizes should 
be established with caution and be large enough to account for the 
uncertainty in area requirements for a population.
    According to the petition there are now more known occupied 
locations identified; there were 6 confirmed caves at listing, 60 
confirmed caves at the time the recovery plan was drafted, and 168 
confirmed caves in 2009 when the 5-year status review was completed (53 
FR 36029, Service 1994, 2009). The

[[Page 30993]]

petition also states that more locations are likely to be found. We 
acknowledge there are more known locations since the time those 
documents were completed and the increase is likely an increase in our 
knowledge, not a true increase in the number of populations or range; 
however, species are listed under the Act based on threats and not just 
the number of sites or size of the range.
    In addition, the petition states that 94 karst preserve areas are 
currently providing significant conservation. However, many of the 
existing protected areas referenced in the petition are too small to 
meet our preserve design recommendations. As part of the 2009 5-year 
status review of the Bone Cave harvestman, we reviewed the status of 
all of the known locations of the harvestman (including 83 of the 94 
mentioned in the petition) to assess whether the criteria from the 
recovery plan to reclassify the species from endangered to threatened 
had been met for the Bone Cave harvestman. We considered the habitat 
size and condition to evaluate whether the locations could meet the 
preserve design recommendations (a reflection of the potential to 
support a resilient population) and then also looked at whether legally 
binding mechanisms were in place to provide protection of these sites 
over the long term (in perpetuity).
    Of the locations known at the time of the 5-year review, 21 areas 
appeared to have the ability to meet the preserve design criteria. Our 
status review refers to 21 areas, while the petition indicates that the 
status review considered 28 sites. This discrepancy is because the 
petition considers each individual cave location, while our status 
review considered closely located caves to be part of the same karst 
fauna area. Of these 21 areas, 1 is no longer confirmed to have the 
species (Barker Ranch Cave No. 1), and 5 are now protected karst fauna 
areas (Priscilla's Well, Twin Springs, Cobbs Cavern, Karankawa, and 
Tooth Cave).
    In addition, at most of the remaining locations (of the 21 areas) 
we are lacking information to confirm that they meet the preserve 
design criteria (such as surface and subsurface drainage basins, tract 
acreage, exact locations of the cave, and management activities to 
protect against threats, such as red imported fire ants). Also, many of 
these areas do not have a legally binding mechanism that ensures 
perpetual protection and management. Hence, we are unsure whether those 
areas have adequate undeveloped acreage, management, or protection 
mechanisms to ensure the long-term protection and survival of the Bone 
Cave harvestman.
    Of the five protected karst fauna areas that meet preserve design 
criteria, four occur in the North Williamson County Karst Fauna Region 
and one occurs in the Jollyville Plateau Karst Fauna Region. However, 
this species occurs in six karst fauna regions, and four of these have 
no protected karst fauna areas that are confirmed to meet preserve 
design recommendations. Therefore, the best available information 
indicates that the criteria for reclassification from endangered to 
threatened for this species have not been met, nor has adequate 
representation and redundancy (three karst fauna areas in each karst 
fauna region) been protected throughout the species' range, leaving the 
species vulnerable to existing threats including habitat destruction.
    The petition asserts that four additional locations are known since 
the time of the 5-year review. However, the petition does not provide 
adequate information that would support whether these four additional 
locations are in a condition to meet preserve design recommendations. 
Based on information in our files, we are aware of one additional cave 
since the 5-year review that may meet preserve design recommendations 
in the North Williamson Karst Fauna Region; however, it is privately 
owned, and we are unsure about the property acreage and if the site 
receives any type of protection or management. Regardless, the amount 
of protected karst fauna area still falls short of the criteria for 
reclassification from endangered to threatened.
    Further, we reviewed 83 of the 94 caves identified in the petition 
as receiving some level of protection in the 5-year review. Two of the 
caves that we did not review (Cobbs Cavern and Whitney West Cave) are 
now in confirmed karst fauna areas mentioned above (Cobbs Cavern and 
Twin Springs), one (Pond Party Pit) is in the Beard Ranch Cave area 
discussed in the 5-year review, and we have no locality information or 
taxonomic verifications for the remaining caves and this information 
was not provided in the petition.
    The petition also asserts that threats to the species are not as 
severe as originally thought. We evaluate that information, below, in 
respect to the five listing factors.
    Factor A: The present or threatened destruction, modification, or 
curtailment of the species' habitat or range. In the 1988 listing rule 
(53 FR 36029), we stated that the primary threat to the Bone Cave 
harvestman was the potential loss of habitat due to development 
activities, which could result in filling in or collapsing of caves; 
alteration of drainage patterns; increase in flow of sediment, 
pesticides, fertilizers, and urban run-off into caves; and increase in 
human visitation and vandalism.
    We also considered additional information on threats to the species 
when we developed the recovery plan for the species (Service 1994, pp. 
59-65) and when we conducted the 5-year status review of the species 
(Service 2009, p. 2), in which we concluded that no change in the 
species' status (that is, reclassification to threatened or delisting) 
was warranted. We also reviewed available threat information in our 
files and in a 1993 petition when we made our negative 90-day finding 
on that petition to de-list (59 FR 11755).
    The current petition asserts that ``Development activities on the 
surface may not result in the significant loss or degradation of 
habitat for T. reyesi as originally thought'' and suggests that 
evidence of this is the species persistence in caves surrounded by 
developed areas. Examples given in the petition are Inner Space 
Caverns, Sun City caves, Weldon Cave, Three-Mile Cave, and Four-Mile 
Cave. However, the observation of the species in these locations does 
not mean their populations at these locations are thriving or can 
withstand the long-term impacts from development activities that are 
expected to occur to karst invertebrate populations in developed areas 
as discussed in the listing rule, recovery plan, and 5-year status 
review for the Bone Cave harvestman.
    Bone Cave harvestman populations may be declining or threatened 
even though they are still observed at a specific site. Information 
adequate to detect population trends for this species is not readily 
available and was not provided in the petition. This species has life-
history strategies that include characteristics such as low metabolic 
and reproductive rates, long life spans, and inherently low sample 
sizes, which make it difficult to detect population response to 
possible impacts (Poulson and White 1969, p. 977, Howarth 1983, p. 
374). We indicated in the 1994 90-day petition finding (59 FR 11755) 
that more time was needed to detect if the species was declining; 
however, while more time has passed, we are still lacking adequate data 
to conduct a trend analysis at most locations, given that it can take 
decades to detect population trends due to small sample sizes, the 
difficulty surveying for the species, and their long life spans.

[[Page 30994]]

    In addition, some of the threats from development are due to the 
increased probability of chance events occurring in the future, such as 
a contaminant event like a pipeline leak, which exists because more 
contamination sources are in the vicinity of species' locations due to 
development.
    The petition states that several Sun City caves are examples of 
areas where the species can persist in developed areas. However, the 
petition failed to provide data adequate to assess trends in the karst 
invertebrate populations since the development occurred. In addition, 
we worked with the Sun City developers when they designed the project 
to develop strategies that we believed at the time would avoid or 
minimize the possibility of ``take'' to listed karst species. While we 
now believe that most of the Sun City cave preserves are too small to 
meet our preserve design recommendations for recovery and long-term 
survival (Service 2012), we expect that the strategies and measures put 
in place likely have reduced the rate of impacts to the species.
    The commercial cave known as Inner Space Caverns is another example 
the petition provided where the Bone Cave harvestman continues to 
persist in a developed area. Although the Bone Cave harvestman may be 
present at Inner Space Caverns, this does not ensure their populations 
are robust and secure; they may still be declining, and are at risk due 
to competition with surface-dwelling invertebrates and other threats 
associated with development such as the potential for contamination. 
This cave has an overgrowth of blue-green algae growing near cave 
lights where the petition states that this species has been observed. 
This type of algae is known as ``lampenflora'' and favors surface-
dwelling invertebrate species that can out-compete karst invertebrate 
species (Mulec and Kosi 2009, p. 109, Culver 1986, p. 438), such as the 
Bone Cave harvestman. The petition failed to provide any data adequate 
to assess trends in the karst invertebrate population in relation to 
the time (duration and frequency) that they have been exposed to the 
artificial lighting. Additionally, part of the cave footprint occurs 
under a major interstate highway and train tracks, which both present a 
threat of a contaminant spill that could impact the species in the 
future.
    Weldon Cave was another example in the petition of a cave occupied 
by the Bone Cave harvestman within a developed area. Based on the best 
available information in our files this cave is surrounded by 
undeveloped open space. Other than a small portion of the subsurface 
drainage basin potentially being impacted by a school campus, this cave 
appears to meet our preserve design recommendations but is not within a 
developed area, as asserted in the petition. Three-Mile Cave and Four-
Mile Cave were also provided in the petition as examples of developed 
caves wherein the Bone Cave harvestman is known to occur. According to 
the petition, surveys conducted by SWCA in 2008 and 2009 documented the 
Bone Cave harvestman at these locations. However, detailed survey data 
were not provided by the petitioners and were not in the SWCA 2009 
``Annual Report of Activities Involving Endangered Karst Invertebrates 
under Threatened and Endangered Species Permit TE800611-2.''
    The petition also states that, since the Bone Cave harvestman uses 
mesocaverns, it is protected from surface development activities 
because mesocaverns are ``geologically protected.'' We are unclear why 
the petition contends that mesocaverns are protected because 
mesocaverns are subject to rapid permeation of surface water (Cowan et 
al. 2007, p. 160), and karst landscapes (including mesocaverns) are 
particularly susceptible to groundwater contamination because water 
penetrates rapidly through bedrock conduits providing little or no 
filtration (White 1988, p. 149).
    One of the major threats to the Bone Cave harvestman is habitat 
loss due to increasing urbanization. The Bone Cave harvestman is a 
troglobite, meaning it lives its entire life underground. Karst 
ecosystems are heavily reliant on surface plant and animal communities 
for nutrient input.
    Caves in central Texas that are occupied by federally listed karst 
invertebrates, such as the Bone Cave harvestman, receive energy (or 
nutrients) primarily from (1) detritus (decomposing organic matter) 
that falls or is washed into the caves and (2) energy brought into the 
caves by cave crickets (Ceuthophilus spp.) (Barr 1968, p. 48; Reddell 
1993, p. 2; Lavoie et al. 2007, p. 114; Taylor 2003, p. 3, 2004, p. 2, 
2005, p. 97), which are found in most Texas caves (Reddell 1966, p. 
33). Cave crickets forage widely in the surface habitat surrounding the 
cave. Karst invertebrates feed on the cave cricket eggs (Mitchell 1971, 
p. 251), feces (Barr 1968, pp. 51-53, Poulson et al. 1995, p. 226), and 
directly on the crickets themselves (Elliott 1994, p. 15).
    Development within urbanized areas can destroy or alter the surface 
plant and animal communities on which karst invertebrates depend. As 
development increases within the cave crickets' foraging area, there 
may be dramatic shifts in the available food supply within the cave 
(Taylor et al. 2007, p. 7). The leaf litter and other decomposing 
material that make up most of the detritus from the surface plant and 
animal community may also be reduced or altered, resulting in a 
reduction of nutrient and energy flow into the cave. A study by Taylor 
et al. (2007) compared caves in urbanized areas that were impacted by 
development to those in natural areas and found that, even though a 
small area within a largely urbanized ecosystem may support a cave 
community where karst invertebrates are occasionally seen, these 
populations are significantly lower than those found in caves in more 
natural, less developed ecosystems, most likely as a result of reduced 
nutrient input. Another study at Lakeline Cave in Travis County, Texas, 
was conducted in association with the issuance of a habitat 
conservation plan and accompanying section 10(a)(1)(B) permit issued 
for Lakeline Mall. That study is based on data collected from 1992 
through 2011, and it documented a significant decline during that 20-
year timeframe in another endangered karst invertebrate, Rhadine 
persephone, and cave crickets as development increased (ZARA 2012, pp. 
8, 10, 12). Further, at Lakeline Mall Cave, no more than three Bone 
Cave harvestmen have been observed during any single survey (ZARA 2012, 
p. 11). Also, no Bone Cave harvestmen were seen during 6 years (1993, 
1999, 2001, 2006, 2009, and 2010) and 12 surveys in Lakeline Mall Cave 
(ZARA 2012, p. 11).
    Available information in our files supports our projection in the 
1988 listing rule that development and human population would continue 
to increase within the range of the species. The population of the City 
of Austin grew from 251,808 people in 1970 to 735,088 people in 2007 
(City of Austin 2007). This represents a 192-percent increase over the 
37-year period. Population projections from the Texas State Data Center 
(2012, pp. 496-497), estimate that Travis County will increase 94 
percent in population from 1,024,266 in 2010, to 1,990,820 in 2050. The 
Texas State Data Center also estimates an increase in human population 
in Williamson County from 422,679 in 2010, to 2,015,294 in 2050 
representing a 377-percent increase over a 40-year timeframe. All human 
population projections from the Texas State Data Center presented here 
are under a high-growth scenario, which

[[Page 30995]]

assumes that migration rates from 2000 to 2010 will continue through 
2050 (Texas State Data Center and the Office of the State Demographer 
2012, p. 9). Urbanization and human population growth and development 
were identified as a threat in the original 1988 listing rule and 
continue to represent a threat to the species.
    Factor B: Overutilization for commercial, recreational, scientific, 
or educational purposes. In the 1988 listing rule for the Bone Cave 
harvestman, we did not identify any threats under this factor. 
Likewise, the petition and our review of the information in our files 
did not identify any threats under this factor.
    Factor C: Disease or predation. In the 1988 listing rule, we stated 
that increased human population increases the threat of predation by 
and competition with exotic (non-native) and native surface-dwelling 
species, such as sow bugs, cockroaches, and red imported fire ants. The 
petition states that ``Recent studies suggest that fire ants may not 
present as significant or as lasting of a threat to the species as 
originally believed.'' The information cited regarding red imported 
fire ants is identified in the petition as an article by Porter and 
Savignano (1990), which we previously considered in our finding on the 
1993 petition, and another study by Morrison (2002). The petition 
states that ``a subsequent study by Morrison in 2002 revisited the 
Porter and Savignano (1990) study area 12 years later and replicated 
their study.
    Morrison (2002, pp. 2341, 2343-2344) found that arthropod 
communities had rebounded to pre-RIFA [red imported fire ant]-invasion 
levels and that all measures of native ant and other arthropod species' 
diversity had returned to pre-invasion levels. Red imported fire ants 
were still the most abundant ant species, but not nearly as abundant as 
during the initial red imported fire ants infestation. He concluded 
that the impacts to arthropod communities by red imported fire ants 
might be greatest during and shortly after the initial invasion, but 
long-term impacts are likely not as significant as once believed. 
However, we note that Morrison (2002, p. 2342) also states that ``it is 
quite likely that red imported fire ants did contribute directly or 
indirectly to the disappearance or reduction in numbers of species'' 
and that their study ``should not be interpreted as an indication that 
detrimental effects of invasive ants will simply disappear with time.'' 
In addition, this is not ``new information'' as we have already 
reviewed these articles and considered the information they provided in 
the Bexar County Karst Invertebrates Recovery Plan (Service 2011, p. 
12) and in our Karst Preserve Management and Monitoring Recommendations 
(Service 2014, p. 3), which is applicable here as all central Texas 
endangered karst invertebrates have similar life-history 
characteristics, and one of the Bexar County invertebrates is in the 
same genus (Texella) as the Bone Cave harvestman. In addition, red 
imported fire ants have been found within and near many caves in 
central Texas and have been observed feeding on dead troglobites, cave 
crickets, and other species within caves (Elliott 1992, p. 13, 1994, p. 
15, 2000, pp. 668, 768; Reddell 1993, p. 10; Taylor et al. 2003, p. 3).
    Factor D: The inadequacy of existing regulatory mechanisms. The 
1988 listing rule states that ``there are currently no laws that 
protect any of these species or that indirectly address protection of 
their habitat.''
    While the petition did discuss some new ordinances that appear to 
have been put in place since the time of listing, we do not have enough 
information to indicate whether or not these State and local ordinances 
provide enough protection from all threats to the Bone Cave harvestman.
    The petition states that ``the regulatory landscape includes a 
number of measures contributing to the conservation of the species 
outside of the protections afforded by the Endangered Species Act of 
1973, as amended.'' For example, they say that protections offered 
though the City of Austin are adequate to protect the species in 
Austin, Texas. In the course of our work, we have reviewed these 
regulations and understand that most caves that are defined by the City 
of Austin's Environmental Criteria Manual as a cave are provided a 46- 
to 91-m (150- to 300-ft) set-back area (City of Austin 2014, p. 13-3). 
However, a 46-m (150-ft) or 91-m (300-ft) set-back is not adequate to 
meet our preserve design criteria, does not protect the cave cricket 
foraging area, and potentially does not include the surface and 
subsurface drainage basins. Further, it is not applicable across the 
range of the Bone Cave harvestman because the species occurs in Travis 
and Williamson Counties and the City of Austin does not cover all of 
those counties.
    The petition states that the City of Georgetown Water Quality 
Management Plan for the Georgetown salamander will offer protection to 
the Bone Cave harvestman. They state that this plan encourages the use 
of best management practices to protect water quality at Georgetown 
salamander locations. However, there are few Bone Cave harvestman 
locations that occur near Georgetown salamander locations, so any 
protection offered to the harvestman would be limited. Further, it is 
not clear from the petition whether this mechanism is voluntary or if 
it is regulatory or if it is currently in effect. In addition, the 
petition did not provide enough detail for us to evaluate all benefits 
this plan would provide to the Bone Cave harvestman, and it appears 
that participation in this plan is at least in part voluntary.
    The petition states that the Texas Commission on Environmental 
Quality (TCEQ) Edwards Rules provide protection to recharge features on 
the Edwards Plateau and that this provides protection from pollution to 
the Bone Cave harvestman. In a discussion of Factor D in the Bexar 
County Karst Invertebrates Recovery Plan (Service 2011, p. 13), we 
state that ``the TCEQ water quality regulations do not provide much 
protection to the species' habitat (see 65 FR 81419-81433 for more 
information). For example, while some TCEQ practices provide protection 
from water quality impacts, others, such as sealing cave entrances for 
water quality reasons, can harm karst invertebrates.'' Sealing cave 
entrances can be harmful by blocking off water (leading to drying) and 
nutrient input to the karst invertebrate habitat. In addition, not all 
of the caves and mesocaverns that the Bone Cave harvestman occurs in 
are considered recharge features and, therefore, would not receive some 
of the water quality protection measures. Also, not all locations of 
the Bone Cave harvestman are under the jurisdiction of the Edwards 
Rules.
    Factor E: Other natural or manmade factors affecting the continued 
existence of the species. In the 1988 listing rule, we stated that this 
species is extremely vulnerable to losses because of its severely 
limited range and because of its naturally limited ability to colonize 
new habitats. We also stated that the very small size of the species 
habitat units and the fragile nature of cave ecosystems make them 
vulnerable to even isolated acts of vandalism. The petition states, 
``Inner Space Cavern demonstrates that the species can persist in caves 
with frequent human visitation and may be more tolerant of related 
habitat modification than originally believed.'' They also provide 
Three-Mile Cave and Four-Mile Cave as examples of caves that have 
experienced human use yet the species persists. The petition contends 
that, since the Bone Cave harvestman exists in Inner Space Caverns, 
human visitation is not a threat. The petition also states that Three-
mile and Four-mile Cave had

[[Page 30996]]

graffiti from the 1890s, 1920s, and 1950s. Yet, no detailed information 
was provided to demonstrate if these caves experienced continued human 
use. The petition also indicates that Four-Mile Cave was inaccessible 
to humans prior to 2009 due to boulders blocking the entrance. In 
addition, the petition provided no trend analysis for these caves. As 
stated earlier, the observation of the species in these locations does 
not mean the populations at these locations have not been impacted (in 
a way that is short of extirpation) or can withstand the long-term 
impacts that are expected to occur to karst invertebrate populations in 
developed areas or from human visitation.
    In the species 5-year status review (Service 2009, p. 18) we said, 
``Although climate change was not identified as a threat to T. reyesi 
in the original listing document or in the recovery plan, the species' 
dependence on stable temperatures and humidity levels opens the 
possibility of climatic change impacting this species. Therefore, while 
it appears reasonable to assume that T. reyesi may be affected, we lack 
sufficient certainty to know how climate change will affect this 
species.''
    The petitioners state that ``the use of small voids or 
`mesocaverns' within the geologic formations known to support occupied 
caves mitigates the potential threat of climate change.'' We 
acknowledge that mesocaverns may provide some protection from 
fluctuations in temperature and humidity that may be induced by climate 
change. However, the presence of mesocaverns alone will likely not be 
sufficient to ameliorate all of the effects that climate change may 
pose to this species. Karst invertebrates depend on stable temperatures 
and high humidity (Barr 1968, p. 47, Mitchell 1971, p. 250). The 
temperatures in caves are typically the average annual temperature of 
the surface habitat and vary much less than the surface environment 
(Howarth 1983, p. 372, Dunlap 1995, p. 76). If average surface 
temperatures increase, this could result in increased in-cave 
temperatures, which could affect the Bone Cave harvestman.
    Increased and/or more severe storms as well as prolonged periods of 
high temperatures and drought between rainfall events associated with 
predicted climate change effects may also impact the cave environment. 
Changes in rainfall regimes may affect the harvestman in several ways, 
including directly either through flooding or indirectly by modifying 
their habitat or nutrient availability. Changes in rainfall regimes 
could (1) alter the moisture levels within the caves leaving them drier 
between floods, which could lead to desiccation of the Bone Cave 
harvestman and (2) affect the amount and timing of nutrients washed 
into a cave, potentially resulting in longer periods between nutrient 
input. These changes to drier and less suitable conditions in the caves 
will likely cause the Bone Cave harvestman to retreat farther into 
mesocaverns and away from nutrients that are thought to be located in 
larger cave passages (Howarth 1987, pp. 5-7), causing individuals to 
spend more energy trying to acquire nutrients in an already stressed 
environment. In addition, caves in arid regions have been shown to have 
smaller invertebrate populations and diversity due to less moisture and 
nutrient availability (George Veni, National Cave and Karst Research 
Institute, pers. comm. 2010). Since the Bone Cave harvestman is also 
sensitive to these habitat parameters, it is reasonable to predict that 
climate change could affect its populations in a similar manner despite 
the presence of mesocaverns.
    Further, stochastic (random) events from either environmental 
factors (for example, severe weather) or demographic factors (which 
come from the chance events of birth and death of individuals) 
exacerbate threats to the species because of its small population size 
(Melbourne and Hastings 2008, p. 100). The risk of extinction for any 
species is known to be highly inversely correlated with population size 
(Pimm et al. 1988, pp. 774-775, O'Grady et al. 2004, pp. 516, 518). In 
other words, the smaller the population the greater the overall risk of 
extinction. Therefore, threats to the Bone Cave harvestman are 
exacerbated by its small population size, which makes it more 
vulnerable to existing threats.

Finding

    We have reviewed the petition and also evaluated readily available, 
related information in our files. The petitioners have based their 
assessment that the species can thrive in developed areas on 
information that we have already reviewed (except in 4 caves discovered 
since the 5-year status review and 7 for which we lack locality 
information or taxonomic verifications) while working on previous 
documents (Service 2009, 2012) or on observations that lack a large 
enough sample size to produce population trend information for the Bone 
Cave harvestman. The petition provided no trend analysis to indicate 
that this species can withstand the threats associated with development 
or climate change over the long term. Based on our review and 
evaluation, we find that the petition does not present substantial 
scientific or commercial information indicating that delisting of the 
Bone Cave harvestman may be warranted due to recovery, extinction, or 
error in the original scientific data at the time the species was 
classified or in our interpretation of the data. However, much progress 
has been made toward recovery in the North Williamson and Jollyville 
Plateau Karst Fauna Regions. We encourage interested parties to 
continue to gather data and implement conservation actions across the 
range of the Bone Cave harvestman that will further assist with the 
conservation of this species. If you wish to provide information 
regarding the Bone Cave harvestman, you may submit your information or 
materials to the Field Supervisor, Austin Ecological Services Field 
Office (see ADDRESSES) at any time.

References Cited

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

Authors

    The primary authors of this notice are staff members of the Austin 
Ecological Services Office.

Authority

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

     Dated: May 21, 2015.
Gary Frazer,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2015-13136 Filed 5-29-15; 8:45 am]
BILLING CODE 4310-55-P