[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Notices]
[Pages 60641-60642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23977]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2021-0114; FXES11130200000-212-FF02ENEH00]


Endangered and Threatened Wildlife and Plants; Draft Recovery 
Plan for the Diamond Y Invertebrates

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 
availability of our draft recovery plan for the Diamond Y 
invertebrates, including Diamond tryonia (Pseudotryonia adamantina), 
Gonzales tryonia (Tryonia circumstriata), and Pecos amphipod (Gammarus 
pecos). These endangered aquatic invertebrates occur in the Diamond Y 
Spring system of the Chihuahuan Desert of western Texas. We request 
review and comment on this draft recovery plan from local, State, and 
Federal agencies; nongovernmental organizations; and the public.

DATES: We must receive any comments on or before January 3, 2022. 
Comments submitted online at http://www.regulations.gov (see ADDRESSES) 
must be received by 11:59 p.m. Eastern Time on January 3, 2022.

ADDRESSES: Obtaining Documents: You may obtain a copy of the draft 
recovery plan, recovery implementation strategy, and species status 
assessment for review at http://www.regulations.gov in Docket No. FWS-
R2-ES-2021-0114.
    Submitting Comments: Submit your comments in writing by one of the 
following methods:
    [cir] Internet: http://www.regulations.gov. Search for and submit 
comments on Docket No. FWS-R2-ES-2021-0114.
    [cir] U.S. mail: Public Comments Processing, Attn: Docket No. FWS-
R2-ES-2021-0114, U.S. Fish and Wildlife Service Headquarters, MS: PRB/
3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    For additional information about submitting comments, see Request 
for Public Comments and Public Availability of Comments under 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Adam Zerrenner, Field Supervisor, by 
phone at 512-490-0057, or by email at [email protected]. 
Individuals who are hearing or speech impaired may call the Federal 
Relay Service at 1-800-877-8339 for TTY assistance.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(USFWS), announce the availability of our draft recovery plan for the 
Diamond Y invertebrates, including Diamond tryonia (Pseudotryonia 
adamantina), Gonzales tryonia (Tryonia circumstriata), and Pecos 
amphipod (Gammarus pecos), which we listed as endangered in 2013 (see 
78 FR 41228; July 9, 2013) under the Endangered Species Act of 1973, as 
amended (ESA; 16 U.S.C. 1531 et seq.). These aquatic invertebrates are 
restricted to the small, isolated Diamond Y Spring system and 
ci[eacute]nega (desert wetland) in the Chihuahuan Desert of Pecos 
County, Texas. The draft recovery plan includes specific goals, 
objectives, and criteria that may help to inform our consideration of 
whether to reclassify the species as threatened (i.e., ``downlist'') or 
remove the species from the Federal List of Endangered and Threatened 
Wildlife (i.e., ``delist''). We request review of and comment on the 
draft recovery plan from local, State, and Federal agencies; 
nongovernmental organizations; and the public.

Recovery Planning and Implementation

    Section 4(f) of the ESA requires the development of recovery plans 
for listed species, unless such a plan would not promote the 
conservation of a particular species. Also pursuant to section 4(f) of 
the ESA, a recovery plan must, to the maximum extent practicable, 
include:
    (1) A description of site-specific management actions as may be 
necessary to achieve the plan's goals for the conservation and survival 
of the species;
    (2) Objective, measurable criteria that, when met, would support a 
determination under the ESA's section 4(a)(1) that the species should 
be delisted; and
    (3) Estimates of the time and costs required to carry out those 
measures needed to achieve the plan's goal and to achieve intermediate 
steps toward that goal.
    In 2016, the USFWS revised its approach to recovery planning, and 
is now using a process termed recovery planning and implementation 
(RPI) (see https://www.fws.gov/endangered/esa-library/pdf/RPI.pdf). The 
RPI approach is intended to reduce the time needed to develop and 
implement recovery plans, increase recovery plan relevance over a 
longer timeframe, and add flexibility to recovery plans so they can be 
adjusted to new information or circumstances. Under RPI, a recovery 
plan addresses the statutorily required elements under section 4(f) of 
the ESA, including site-specific management actions, objective and 
measurable recovery criteria, and the estimated time and cost to 
recovery. The RPI recovery plan is supported by two supplementary 
documents: A species status assessment (SSA), which describes the best 
available scientific information related to the biological needs of the 
species and assessment of threats; and a recovery implementation 
strategy, which details the particular near-term activities needed to 
implement the recovery actions identified in the recovery plan. Under 
this approach, we can more nimbly incorporate new information on 
species biology or details of recovery implementation by updating these 
supplementary documents without concurrent revision of the entire 
recovery plan, unless changes to statutorily required elements are 
necessary.

Species Background

    On July 9, 2013, we published a final rule (78 FR 41228) to list 
the Diamond tryonia, Gonzales tryonia, and Pecos amphipod as endangered 
species. Also on July 9, 2013, we published a final rule (78 FR 40970) 
designating critical habitat for the three species. A single critical 
habitat unit, encompassing 178.6 hectares (441.4 acres), is designated 
as critical habitat for these species at the Diamond Y Spring system.
    These species are only known to inhabit the Diamond Y Spring 
system, a small complex of isolated desert springs, seeps, and 
associated ci[eacute]negas (desert wetlands), in the Chihuahuan Basin 
and Playas ecoregion of western Texas. The spring system is located 
approximately 12 kilometers (8 miles) north of the City of Fort 
Stockton in Pecos County. The Nature Conservancy owns and manages the 
Diamond Y Spring Preserve, which encompasses the spring and 
ci[eacute]nega system.
    The primary ongoing threats to the Diamond Y invertebrates include 
habitat loss and degradation as a result of decreasing groundwater 
quantity and quality and habitat modification; predation; the 
inadequacy of existing regulatory mechanisms; competition; and climate 
change.

Recovery Criteria

    The draft recovery criteria are summarized below. For a complete 
description of the rationale behind the criteria, the recovery 
strategy, management actions, and estimated time and costs associated 
with recovery, refer to the draft recovery plan for the Diamond Y 
invertebrates (see ADDRESSES, above, for document availability).

[[Page 60642]]

    The ultimate recovery goal is to delist the Diamond Y invertebrates 
by ensuring the long-term viability of these species in the wild. In 
the recovery plan, we define the following criteria for delisting 
(i.e., removal of the species from the List of Endangered and 
Threatened Wildlife):
     Criterion 1: Maintain the presence of each species in the 
occupied management unit as of the start of this plan, with a stable or 
increasing average trend in density over a period of 20 consecutive 
years.
     Criterion 2: Develop, implement, and fulfill a water 
management plan or equivalent conservation agreement, supported by the 
local irrigation district and other partners, that ensures adequate 
surface and groundwater levels to (a) sustain delisting criteria 
measured by Criterion 1, above, and (b) ensure that the flows in the 
Diamond Y Spring system are stable and perennial.
     Criterion 3: Commitments (e.g., conservation agreements) 
are in place to maintain sufficient water quality protections and will 
be implemented in perpetuity. These commitments should specifically 
address the Diamond Y invertebrates and reduce the risk of a 
catastrophic spill occurring within a drainage or recharge area 
occupied by any of the three invertebrate species.

Request for Public Comments

    Section 4(f) of the ESA requires us to provide public notice and an 
opportunity for public review and comment during recovery plan 
development. It is also our policy to request peer review of recovery 
plans (59 FR 34270; July 1, 1994). In an appendix to the approved final 
recovery plan, we will summarize and respond to the issues raised 
during public comment and peer review. Substantive comments may or may 
not result in changes to the recovery plan. Comments regarding recovery 
plan implementation will be forwarded as appropriate to Federal or 
other entities so that they can be taken into account during the course 
of implementation of recovery actions.
    We invite written comments on this draft recovery plan. In 
particular, we are interested in additional information regarding the 
current threats to the species, ongoing beneficial management efforts, 
and the costs associated with implementing the recommended recovery 
actions. The species status assessment is available as a supporting 
document for the draft recovery plan, but we are not seeking comments 
on the status assessment. We will consider all comments we receive by 
the date specified in DATES, above, prior to final approval of the 
plan.

Public Availability of Comments

    All comments we receive, including names and addresses, will become 
part of the administrative record and will be available to the public. 
Before including your address, phone number, email address, or other 
personal identifying information in your comment, you should be aware 
that your entire comment--including your personal identifying 
information--will be publicly available. While you may request in your 
comment that we withhold your personal identifying information from 
public review, we cannot guarantee that we will be able to do so.

Authority

    We developed our draft recovery plan and publish this notice under 
the authority of section 4(f) of the Endangered Species Act of 1973, as 
amended (16 U.S.C. 1531 et seq.).

Amy L. Lueders,
Regional Director, Interior Region 6, U.S. Fish and Wildlife Service.
[FR Doc. 2021-23977 Filed 11-2-21; 8:45 am]
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