Endangered and Threatened Wildlife and Plants; Proposed Rule to List the San Diego Fairy Shrimp as Endangered

DEPARTMENT OF THE INTERIOR

50 CFR Part 17

RIN 1018-AC83

Endangered and Threatened Wildlife and Plants; Proposed Rule to

List the San Diego Fairy Shrimp as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes to list the

San Diego fairy shrimp (Branchinecta sandiegoensis) as endangered

throughout its range in southwestern California and northwestern Baja

California, Mexico, pursuant to the Endangered Species Act of 1973, as

amended (Act). This species occurs in vernal pools and is threatened by

a variety of factors including: Habitat destruction and fragmentation

from agricultural and urban development, alterations of wetland

hydrology by draining, off-road vehicle activity, and cattle and sheep

grazing. This proposed rule, if made final, would extend the Act's

protection to the San Diego fairy shrimp.

DATES: Comments from all interested parties must be received by October

3, 1994. Public hearing requests must be received by September 19,

1994.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad

Field Office, 2730 Loker Avenue West, Carlsbad, California 92008.

Comments and materials received will be available for public

inspection, by appointment, during normal business hours at the above

address.

FOR FURTHER INFORMATION CONTACT: Fred M. Roberts, at the above address

(telephone 619/431-9440).

SUPPLEMENTARY INFORMATION:

Background

The San Diego fairy shrimp (Branchinecta sandiegoensis) is a member

of Branchinectidae, a freshwater crustacean family in the Order

Anostraca (fairy shrimp). The species was first described by Michael

Fugate (1993) based on collections made at Del Mar Mesa in San Diego

County in 1990 by himself and M. Simovich. The San Diego fairy shrimp

is closely allied with, and has historically been misidentified as, B.

lindahli, a species widely distributed in western North America. The

San Diego fairy shrimp was first collected (but then identified as B.

lindahli) in Poway and Ramona, San Diego County, in 1962; additional

collections were made on Kearny Mesa in 1979 (Simovich and Fugate

1992).

The San Diego fairy shrimp is restricted to vernal pools, which

occur in areas with shallow depressions that have a clay hardpan soil

layer that inhibits water percolation. This results in a perched water

table during the winter rainy season and the following spring. Vernal

pools retain water only long enough to support relatively few species

of aquatic emergent plants and invertebrates. As the pools dry and the

surface water recedes toward the center of the pool, a unique and

dynamic flora develops in its place. Vernal pools typically occur on

mesa tops or valley floors and are surrounded by very low hills,

usually referred to as mima mounds (Zedler 1987).

The San Diego fairy shrimp is a small and delicate animal with

large stalked compound eyes, no carapace, and 11 pairs of swimming

legs. Mature males are from 9 to 16 mm (0.4 to 0.6 in) in length and

females are 8 to 14 mm (0.4 to 0.5 in) in length. They swim or glide

upside down by means of complex beating movements of the legs that pass

in a wave-like anterior to posterior direction. The second pair of

antennae on the adult female are cylindrical and elongate, but in the

male are greatly enlarged and specialized for clasping the female

during copulation. The female carries the eggs in an oval or elongate

ventral brood sac. The eggs are either released or remain attached to

the female until she dies and sinks. The thick-shelled eggs are capable

of withstanding high heat, cold, and prolonged desiccation.

The San Diego fairy shrimp occurs in San Diego County from San

Marcos and Ramona south to Otay Mesa and at Valle de Palmas in

northwestern Baja California, Mexico. All known localities are below

700 meters (2,300 feet) and within 50 kilometers (30 miles) of the

Pacific coast. Five other branchinectid fairy shrimp occur in southern

California. Only one of these species, Branchinecta lindahli, is known

from San Diego County (Simovich and Fugate 1992). B. lindahli is a

habitat generalist and may occur in ponds or ditches. The only other

branchinectid fairy shrimp in southern California that is similar in

appearance to the San Diego fairy shrimp is the vernal pool fairy

shrimp (B. lynchi), which occurs in adjacent Riverside County. Male San

Diego fairy shrimp may be separated from males of other species within

the genus by the shape of the second antenna. Female San Diego fairy

shrimp are distinguishable by the shape and length of the ovisac and

egg and by the presence of paired dorsolateral spines (Fugate 1993).

The San Diego fairy shrimp is a habitat specialist and is

restricted to vernal pools. This species occasionally occurs in ditches

and road ruts, but only if these depressions are in degraded vernal

pool habitat (D. Hogan, San Diego Biodiversity Project, in litt., 1992;

Marie Simovich, University of San Diego, pers. comm., 1993). This

species appears to prefer cool water temperatures ranging from 10 to 23

degrees centigrade (Fugate and Simovich 1992).

The prehistorical distribution of this species is uncertain. The

majority of the vernal pools in this region were lost prior to 1990.

However, based on historical collections (some originally identified as

B. lindahli) the San Diego fairy shrimp was known from at least 15

locales within San Diego County (Balko and Ebert 1987, Fugate 1993).

The fairy shrimp presently occurs in fewer than 70 vernal pools within

11 vernal pool complexes in coastal San Diego County (Hogan 1992).

Three of the San Diego County populations of this species are on

Federal land (all on Miramar Naval Air Station). Two others are, in

part, on public land (Del Mar Mesa Vernal Pool Preserve and Mission

Trails Regional Park).

The San Diego fairy shrimp has also been reported from Isla Vista

in Santa Barbara County, California, but the identification of the

single female individual is unconfirmed (Michael Fugate, University of

Oregon, pers. comm., 1993). Directed surveys of vernal pools in Isla

Vista for fairy shrimp have not located any additional San Diego fairy

shrimp individuals (Marie Simovich, pers. comm., 1994). The vernal

pools in south coastal Santa Barbara County have been significantly

reduced in number by the same factors that have reduced the number of

vernal pools in San Diego County (Ferren and Pritchett 1988). The Santa

Barbara County vernal pools are now isolated from those in San Diego

County by agricultural and urban development in Ventura, Los Angeles,

and Orange Counties.

Previous Federal Action

On March 24, 1992, the Service received a petition to list the San

Diego fairy shrimp as endangered. Petitioners were Dave Hogan of the

San Diego Biodiversity Project in Julian, California, and Denton Belk

of Our Lady of the Lake University in San Antonio, Texas. The Service

finds that substantial information was presented in the petition to

indicate that the requested action may be warranted. This finding is

based on a detailed narrative justification in the petition for the

recommended action, including information about the distribution,

decline, and threats to this species over a significant portion of its

range. This proposed rule is the first Federal action on the San Diego

fairy shrimp and constitutes the final 1-year finding on the petitioned

action that the action is warranted, as required by section 4(b)(3)(B)

of the Act.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act (16 U.S.C. 1531 et seq.)

and regulations (50 CFR part 424) promulgated to implement the listing

provisions of the Act set forth the procedures for adding species to

the Federal lists. 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). These factors and their application to the San Diego

fairy shrimp (Branchinecta sandiegoensis Fugate) are discussed below.

A. The Present or Threatened Destruction, Modification, or

Curtailment of Its Habitat or Range

The natural plant communities of coastal San Diego County and

northwestern Baja California, Mexico, have undergone significant

changes as a result of both direct and indirect human-caused

activities. The rapid urbanization of this region has already

eliminated a significant proportion of the vernal pool habitat for this

taxon. The remaining patches of habitat are frequently isolated,

degraded, and/or fragmented by agricultural practices, streambed

channelization and other hydrological alterations, and grazing.

Vernal pools have undergone an extraordinary reduction in number

and have nearly been eliminated in southern California. In San Diego

County, over 97 percent of vernal pool habitat had been lost by 1986

(Bauder 1986). While it is uncertain how many of these pools were

occupied by the San Diego fairy shrimp, the species was known to occupy

a number of vernal pools that have since been disturbed, destroyed or

lost (Bauder 1986, Balko and Ebert 1987, Fugate 1993).

In San Diego County, the San Diego fairy shrimp occurs within

vernal pool complexes that have been and continue to be impacted by

urbanization and agricultural conversion (Bauder 1986, Hogan and Belk

1992, Nancy Gilbert and Ellen Berryman, U.S. Fish and Wildlife Service,

pers. comm., 1993). Nine of the 11 known populations of San Diego fairy

shrimp in San Diego County are declining because of vernal pool

destruction (Bauder 1986; D. Hogan, in litt. 1992; Marie Simovich,

pers. comm., 1993).

At least two populations of the San Diego fairy shrimp occur on

Otay Mesa in San Diego County. A minimum of 37 proposed Precise Plans

and Tentative Maps for development have been filed pursuant to the

California Environmental Quality Act for this area. These plans

encompass about 80 percent of the undeveloped portion of the mesa

within the jurisdiction of the city of San Diego and virtually all but

four of the remaining vernal pool complexes. Several of these projects

will impact the San Diego fairy shrimp. At least one major

transportation project has been proposed for Otay Mesa and could

potentially impact vernal pools that are occupied by the San Diego

fairy shrimp.

The San Diego fairy shrimp is found on Federal lands managed by the

Navy. The species occurs on Miramar Naval Air Station. These lands are

used, in part, for military training activities that involve off-road

vehicle maneuvers that adversely impact the species (Hogan and Belk

1992).

Trash dumping has also degraded vernal pools in San Diego County.

Discarded chunks of concrete, tires, refrigerators, furniture, and

other pieces of garbage or debris have been found in pools containing

the San Diego fairy shrimp. This trash crushes or shades vernal pool

plants, disrupts the hydrologic functions of the pool, and in some

cases, may release toxic substances.

Vernal pools in San Diego County have also been degraded by off-

road vehicles. These vehicles compact soils, crush plants when water is

present, cause turbidity, and leave deep ruts. This type of damage may

alter the microhydrology of the pools. Dirt roads that go through or

adjacent to pools are widened as motorists try to avoid mud puddles and

in this way, the pools are gradually destroyed.

The San Diego fairy shrimp's vernal pool habitat is also vulnerable

to indirect destruction due to the alteration of the supporting

watershed. An increase in water due to urban run-off leads to increased

inundation and makes pools vulnerable to invasion by marshy plant

species resulting in decreased abundance of obligate vernal pool taxa.

At the other extreme, some pools have been drained or blocked from

their source of water and have shown an increased domination by upland

plant species. The San Diego fairy shrimp is especially vulnerable to

alterations in hydrology.

Development projects adjacent to vernal pools are often responsible

for adverse alterations in drainage. Hydrological alterations are

sometimes a result of agricultural development, or a combination of

urban development and agriculture.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Overutilization is not currently a known threat factor for the San

Diego fairy shrimp.

C. Disease or Predation

As vernal pools mature, there is a gradual increase in numbers and

size of predaceous aquatic insects, known to consume fairy shrimp

(Zedler 1987).

D. The Inadequacy of Existing Regulatory Mechanisms

Existing regulatory mechanisms that could provide some protection

for the San Diego fairy shrimp include: (1) Consideration under the

California Environmental Quality Act (CEQA); (2) implementation of

conservation plans pursuant to the State of California's Natural

Community Conservation Planning Act of 1991 (NCCP), the San Diego

Multiple Species Conservation Plan (MSCP), and the San Diego County

Multiple Habitat Conservation Plan (MHCP); (3) section 404 of the

Federal Clean Water Act; (4) occurrence with other species protected by

the Federal Endangered Species Act; (5) land acquisition and management

by Federal, State, or local agencies, or by private groups and

organizations; (6) local laws and regulations; and (7) Mexican law.

Most of the known populations of the taxon occur on privately owned

land. Local lead agencies empowered to uphold and enforce the

regulations of the CEQA have made determinations that have or will

adversely affect the San Diego fairy shrimp. Required biological

surveys are often inadequate and project proponents may ignore the

results of surveys if occurrences of sensitive species are viewed as a

constraint on project design. Mitigation measures used to condition

project approvals are essentially experimental and fail to adequately

guarantee protection of sustainable populations.

For example, in San Diego County, vernal pools containing the San

Diego fairy shrimp and the Federal- and State-listed Pogogyne abramsii

(San Diego mesa mint) were destroyed without adequate environmental

documentation or coordination with the Service and the California

Department of Fish and Game. In this case, the project proponent was a

school district.

Section 15380 of CEQA requires that impacts to any taxon that meets

the criteria for listing under the California Endangered Species Act be

treated as significant regardless of its current listing status. The

San Diego fairy shrimp has been recognized as a distinct taxon by the

scientific and local conservation communities since 1990. Impacts to

this species would qualify as significant under section 15380 of CEQA

even though this species was not formally recognized until 1993 (Fugate

1993). However, this taxon has only been considered in a limited number

of environmental impact reports since 1990.

In 1991, the State of California established the NCCP program to

address the conservation needs of natural ecosystems throughout the

State. The initial focus of this program was the coastal sage scrub

community. The San Diego fairy shrimp is found in vernal pools and not

coastal sage scrub. The San Diego fairy shrimp is being considered

under the MSCP and MHCP programs. These programs, under development by

the County of San Diego and its coastal cities, are being integrated as

components of the NCCP program. However, these programs are still in

the developmental phase, and it is uncertain as to what degree they

will be successful in providing protection for this species. For

example, two alternatives of the MSCP (coastal sage scrub and public

lands) would not provide adequate preservation for the San Diego fairy

shrimp because much of the shrimp's habitat (vernal pools) would be

excluded.

Under section 404 of the Clean Water Act, the U.S. Army Corps of

Engineers (Corps) regulates the discharge of fill into waters of the

United States, including navigable waters, wetlands (e.g., vernal

pools), and other waters. The Clean Water Act requires project

proponents to obtain a permit from the Corps prior to undertaking many

activities (e.g., grading, discharge of soil or other fill material,

etc.) that would result in the fill of wetlands under the Corps'

jurisdiction. The Corps promulgated Nationwide Permit Number 26 (see 33

CFR 330.5(a)(26)) to address fill of isolated or headwater wetlands

totalling less than 10 acres. Under Nationwide Permit 26, proposals

that involve the fill of wetlands less than one acre are considered

authorized. Where fill would adversely modify between 1 to 10 acres of

wetland, the Corps circulates a predischarge notification to the

Service and other interested parties for comment to determine whether

or not an individual permit should be required for a proposed fill

activity and associated impacts.

Individual permits are required for the discharge of fill material

that would fill or adversely modify greater than 10 acres of wetlands.

The review process for the issuance of individual permits is more

rigorous than for nationwide permits. Unlike nationwide permits, an

analysis of cumulative wetland impacts is required for individual

permit applications. Resulting permits may include special conditions

that require the avoidance or mitigation of environmental impacts. On

nationwide permits, the Corps has discretionary authority to require an

applicant to seek an individual permit if the Corps believes that the

resources are sufficiently important, regardless of the wetland's size.

In practice, the Corps rarely requires an individual permit when a

project would qualify for a nationwide permit, unless when a threatened

or endangered species or other significant resources would be adversely

affected by the proposed activity.

The San Diego fairy shrimp could potentially be affected by

projects requiring a permit from the Corps under section 404 of the

Clean Water Act. Although the objective of the Clean Water Act is to

``restore and maintain the chemical, physical, and biological integrity

of the Nation's waters'' (Pub. L. 92-500), which include navigable and

isolated waters, headwaters, and adjacent wetlands, no specific

provisions adequately address the need to conserve candidate species

such as the San Diego fairy shrimp.

Even if the Corps establishes jurisdiction under the Clean Water

Act over vernal pools, this does not ensure their protection. At least

two vernal pool complexes under Corps jurisdiction in San Diego County

have been destroyed or degraded without a section 404 permit (Jim Dice,

Calif. Department of Fish and Game, pers. comm., 1993; U.S. Fish and

Wildlife Service data files).

The Act can incidentally afford protection to the San Diego fairy

shrimp if they co-exist with species already listed as threatened or

endangered. Pogogyne abramsii (San Diego mesa mint), Pogogyne nudiscula

(Otay Mesa mint), Orcuttia californica (California orcutt grass),

Eryngium aristulatum var. parishii (San Diego button celery), and the

Riverside fairy shrimp (Streptocephalus wootoni) are listed as

endangered under the Act and occur in the same habitat as the San Diego

fairy shrimp. However, these species are generally not found in the

same vernal pool complexes as the San Diego fairy shrimp. The Riverside

fairy shrimp and San Diego fairy shrimp co-exist in only three vernal

pool complexes in San Diego County. Within a vernal pool complex, the

San Diego fairy shrimp does not often occur in the same pools as listed

species.

Land acquisition and management by Federal, State, or local

agencies, or by private groups and organizations has contributed to the

protection of some localities inhabited by this taxon. However, as

discussed below, these efforts are often directed at other species and

are inadequate to assure the long-term survival of the San Diego fairy

shrimp.

The San Diego fairy shrimp occurs within the California Department

of Transportation Vernal Pool Preserve. Although these pools are

managed for the long-term protection of vernal pool flora and fauna,

off-road vehicle activity, development proposals immediately adjacent

to the preserve, and proposed restoration actions threaten the San

Diego fairy shrimp at this locality (Hogan and Belk 1992; M. Simovich,

pers. comm., 1993).

The San Diego fairy shrimp also occurs in northwestern Baja

California, Mexico. The Service is not aware of any existing regulatory

mechanisms in Mexico that would protect the San Diego fairy shrimp or

its habitat.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Cattle grazing occurs on Otay Mesa in areas where several vernal

pool complexes contain the San Diego fairy shrimp. Livestock grazing

typically changes the composition of native plant communities by

reducing or eliminating those species that can not withstand trampling

and by enabling more resistant (usually non-native) species to increase

in abundance. Taxa that were not previously part of the native flora

may be introduced and flourish under a grazing regime and may reduce or

replace native species through competition for resources.

Disturbance of vernal pools in San Diego County increases the

potential for other fairy shrimp species (such as the widespread

Branchinecta lindahli) to replace the San Diego fairy shrimp, which is

unable to persist under disturbed conditions (M. Simovich, in litt.,

University of San Diego, 1992).

San Diego fairy shrimp are highly reliant on seasonal rainfall.

Drier conditions, such as those that prevailed from 1986 to 1992,

reduce the number of individuals in populations. Climatic conditions

stress species. Negative effects of habitat loss and degradation from

other factors including development, discing, and grazing, when

combined with climatic conditions, increase the level of threat to the

San Diego fairy shrimp.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by the San Diego fairy shrimp in determining to

propose this rule. Based on this evaluation, the Service finds that the

preferred action is to list the San Diego fairy shrimp as endangered.

The San Diego fairy shrimp is threatened by one or more of the

following factors: Habitat alteration and destruction resulting from

urban and agricultural development; alteration of hydrology; off-road

vehicle use/recreational activities; inadequate regulatory mechanisms;

and grazing.

The San Diego fairy shrimp is in imminent danger of extinction

throughout all or a significant portion of its range. Critical habitat

is not being proposed for this taxon for the reasons discussed below.

Critical Habitat

Section 4(a)(3) of the Act, as amended, requires that, to the

maximum extent prudent and determinable, the Secretary designate

critical habitat at the time the taxon is listed. Critical habitat is

not determinable if insufficient information exists to perform an

economic impact analysis of designating a particular area as critical

habitat, or if the biological needs of the species are not sufficiently

well known to permit identification of an area as critical habitat (50

CFR 424.12(a)(2)).

The Service is in the process of defining critical habitat and

determining more clearly what the ecological requirements and

constituent elements are for the San Diego fairy shrimp. The Service

may find that determination of critical habitat is not prudent for this

taxon, however, at this time designation of critical habitat is not

determinable.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Endangered Species Act include recognition,

recovery actions, requirements for Federal protection, and prohibitions

against certain activities. Recognition through listing encourages and

results in conservation actions by Federal, State, and private

agencies, groups, and individuals. The Endangered Species Act provides

for possible land acquisition and cooperation with the States and

requires that recovery actions be carried out for all listed species.

The protection required of Federal agencies and the prohibitions

against certain activities involving listed plants and animals are

discussed, in part, below.

Section 7(a) of the Act, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(4) requires Federal agencies to confer with the

Service on any action that is likely to jeopardize the continued

existence of a proposed species or result in destruction or adverse

modification of proposed critical habitat. If a species is subsequently

listed, section 7(a)(2) requires Federal agencies to ensure that

activities they authorize, fund, or carry out are not likely to

jeopardize the continued existence of such a species or destroy or

adversely modify its critical habitat. If a Federal action may affect a

listed species or its critical habitat, the responsible Federal agency

must enter into formal consultation with the Service.

Federal agencies expected to have involvement with the San Diego

fairy shrimp include the Army Corps of Engineers and the Environmental

Protection Agency due to their permit authority under section 404 of

the Clean Water Act. The San Diego fairy shrimp occurs on the U.S.

Navy's Miramar Air Station. This base will likely be involved through

military activities or potential excessing of Federal lands.

The Act and its implementing regulations found at 50 CFR 17.21 set

forth a series of prohibitions and exceptions that apply to all

endangered wildlife. These prohibitions, in part, make it illegal for

any person subject to the jurisdiction of the United States to take

(including harass, harm, pursue, hunt, shoot, wound, kill, trap,

capture, collect, or to attempt any of these), import or export,

transport in interstate or foreign commerce in the course of commercial

activity, or sell or offer for sale in interstate or foreign commerce

any listed species of wildlife. It is also illegal to possess, sell,

deliver, carry, transport, or ship any such wildlife that has been

taken illegally. Certain exceptions apply to agents of the Service and

State conservation agencies.

Permits may be issued to carry out otherwise prohibited activities

involving endangered wildlife species under certain circumstances.

Regulations governing such permits are at 50 CFR 17.22 and 17.23. Such

permits are available for scientific purposes, to enhance the

propagation or survival of the species, and/or for incidental take in

connection with otherwise lawful activities. In some instances

involving trade, permits may be issued for a specified time to relieve

undue economic hardship that would be suffered if such relief were not

available. The San Diego fairy shrimp is not involved in trade, and

such permit requests are not expected.

Requests for copies of the requirements and regulations on permits

or trade in wildlife and plants and inquiries regarding them should be

addressed to the U.S. Fish and Wildlife Service, Ecological Services,

Endangered Species Permits, 911 N.E. 11th Avenue, Portland, Oregon

97232-4181 (503/231-2063; FAX 503/231-6243).

Public Comments Solicited

The Service intends that any final action resulting from this

proposal will be as accurate and as effective as possible. Therefore,

comments or suggestions from the public, other concerned governmental

agencies, the scientific community, industry, or any other interested

party concerning this proposed rule are hereby solicited. Comments

particularly are sought concerning:

(1) Biological, commercial trade, or other relevant data concerning

any threat (or lack thereof) to this taxon;

(2) The location of any additional populations of this species and

the reasons why any habitat should or should not be determined to be

critical habitat as provided by section 4 of the Act;

(3) Additional information concerning the range, distribution, and

population size of this taxon; and

(4) Current or planned activities in the subject area and their

possible impacts on this species.

The final decision on this proposal will take into consideration

the comments and any additional information received by the Service,

and such communications may lead to a final regulation that differs

from this proposal.

The Endangered Species Act provides for a public hearing on this

proposal, if requested. Requests must be received within 45 days of the

date of publication of the proposal. Such requests must be made in

writing and addressed to the Field Supervisor of the Carlsbad Field

Office (see ADDRESSES section).

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment or Environmental Impact Statement, as defined under the

authority of the National Environmental Policy Act of 1969, need not be

prepared in connection with regulations adopted pursuant to section

4(a) of the Endangered Species Act of 1973, as amended. A notice

outlining the Service's reasons for this determination was published in

the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

Balko, M.L., and T.A. Ebert. 1987. Temporary pools as islands in

space and time: the biota of vernal pools in San Diego, southern

California, USA. Archiv fur Hydrobiologie 110:101:123.

Bauder, E.T. 1986. San Diego vernal pools, recent and projected

losses; their condition; and threats to their existence 1979-1990,

volume I. Prepared for the Endangered Plant Program, California

Department of Fish and Game, Sacramento, California.

Ferren, W.R. and D.A. Pritchett. 1988. Enhancement, restoration, and

creation of vernal pools at Del Sol Open Space and Vernal Pool

Reserve, Santa Barbara County, California. Department of Biological

Sciences, University of California, Santa Barbara, Environmental

Report No. 13.

Fugate, M. 1993. Branchinecta sandiegoensis, a new species of fairy

shrimp (Crustacea: Anostraca) from western North America.

Proceedings of the Biological Society of Washington 106(2):296-304.

Hogan, D. and D. Belk. 1992. Petition to list the San Diego fairy

shrimp as an endangered species. Unpubl. rept. to support petition

to Fish and Wildlife Service.

Simovich, M.A. and M. Fugate. 1992. Branchiopod diversity in San

Diego County, California. 1992 Transactions of the Western Section

of the Wildlife Society 28:6-14.

WESTEC Services, Inc. 1988. Biological mitigation plan for the

College area specific plan, San Marcos, San Diego County,

California. Unpubl. rept. prepared for the Baldwin Company, San

Diego, California.

Zedler, P. H. 1987. The ecology of southern California vernal pools:

a community profile. U.S. Department of Interior, Fish and Wildlife

Service, Biological Report 85(7.11).

Author

The primary author of this proposed rule is Fred M. Roberts,

Jr., Carlsbad Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

PART 17--[AMENDED]

Accordingly, it is hereby proposed to amend part 17, subchapter B

of chapter I, title 50 of the Code of Federal Regulations, as set forth

below:

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

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

2. It is proposed to amend Sec. 17.11(h) by adding the following,

in alphabetical order under CRUSTACEANS, to the List of Endangered and

Threatened Wildlife:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

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Species Vertebrate population

-------------------------------------------------- Historic range where endangered or Status When listed Critical Special

Common name Scientific name threatened habitat rules

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

Crustaceans

* * * * * * *

Shrimp, San Diego fairy. Branchinecta U.S.A. (CA), Mexico.... NA..................... E ........... NA NA

sandiegoensis.

* * * * * * *

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Dated: July 27, 1994.

Mollie H. Beattie,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 94-18931 Filed 8-1-94; 8:45 am]

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