Endangered and Threatened Wildlife and Plants; Spruce-Fir Moss Spider Determined To Be Endangered

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC25

Endangered and Threatened Wildlife and Plants; Spruce-Fir Moss

Spider Determined To Be Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines the

spruce-fir moss spider (Microhexura montivaga) to be an endangered

species under the Endangered Species Act of 1973, as amended (Act).

This spider is currently known from four mostly small populations

located in western North Carolina and eastern Tennessee. The spider's

damp, high-elevation forest habitat is deteriorating rapidly due

primarily to exotic insects and possibly past land use history, air

pollution, and other factors not yet fully understood. The species'

current low numbers also increase its vulnerability to harm from other

threats. This final rule extends Federal protection under the Act to

the spruce-fir moss spider.

EFFECTIVE DATE: March 8, 1995.

ADDRESSES: The complete file for this rule is available for inspection,

by appointment, during normal business hours at the U.S. Fish and

Wildlife Service Field Office, 330 Ridgefield Court, Asheville, North

Carolina.

FOR FURTHER INFORMATION CONTACT: Mr. John Fridell at the above address

(704/665-1195, Ext. 225).

SUPPLEMENTARY INFORMATION:

Background

The spruce-fir moss spider was originally described by Crosby and

Bishop (1925) based on collections made from a mountain peak in western

North Carolina in 1923 (Coyle 1981). Only a few specimens were taken,

and little was known about the species until its rediscovery

approximately 50 years later by Dr. Frederick Coyle (Western Carolina

University, Cullowhee, North Carolina) and Dr. William Shear (Hampden-

Sydney College, Hampden-Sydney, Virginia) (Coyle 1981). Microhexura

montivaga is one of only two species belonging to the genus Microhexura

in the family Dipluridae (Coyle 1981; Harp 1991, 1992). The other

species in the genus, M. idahoana, occurs only in the Pacific Northwest

(Coyle 1981). Diplurids belong in the primitive suborder Mygalomorphae,

which are often popularly referred to as ``tarantulas'' (Harp 1991,

1992). The genus Microhexura is the northernmost representative of the

family Dipluridae and is also one of the smallest of the mygalomorph

spiders, with adults measuring only 2.5 to 3.8 millimeters (0.10 to

0.15 inch) (Coyle 1981). Coloration of M. montivaga ranges from light

brown to a darker reddish brown, and there are no markings on the

abdomen (Harp 1992). The carapace is generally yellowish brown (Harp

1992). The most reliable field identification characteristics for the

spruce-fir moss spider are chelicerae that project forward well beyond

the anterior edge of the carapace (Harp 1992; Coyle, personal

communication 1994), a pair of very long posterior spinnerets, and the

presence of a second pair of book lungs, which appear as light patches

posterior to the genital furrow (Harp 1992).

The typical habitat of the spruce-fir moss spider is found in damp

but well-drained moss (and liverwort) mats growing on rocks or

boulders, in well-shaded situations in the mature, high-elevation

Fraser fir (Abies fraseri) and red spruce (Picea rubens) forests (Coyle

1981, Harp 1992). The forest stands at the sites where the species has

been observed are composed primarily of Fraser fir with only scattered

spruce being present. The moss mats found to contain the spider have

all been found under fir trees (Harp, personal communication, 1994;

Coyle, personal communication, 1994). The moss mats cannot be too dry

(the species is very sensitive to desiccation) or too wet (large drops

of water can also pose a threat to the spider) (Harp 1992). The spider

constructs its tube-shaped webs in the interface between the moss mat

and rock surface (Coyle 1981, Harp 1992), though occasionally the web

extends into the interior of the moss mat (Harp 1992). The tubes are

thin-walled and typically broad and flatten with short side branches

(Coyle 1981, Harp 1992). There is no record of prey having been found

in the webs of the spruce-fir moss spider nor has the species been

observed taking prey in the wild, but the abundant springtails

(collembolans) in the moss mats provide the most likely

[[Page 6969]] source of food for the spider (Coyle 1981, Harp 1992).

Males of the species mature during September and October, and

females are known to lay eggs in June. The egg sac is thin-walled and

nearly transparent, and it may contain seven to nine eggs. The female

remains with the egg sac and, if disturbed, will carry the egg sac with

her fangs. Spiderlings emerge in September (Coyle 1981). The means of

dispersal of the spiderlings from the parental moss mat is not known.

``Ballooning,'' a process by which the spiders use a sheet of silk

played out into the wind to carry them into the air, has been suggested

as a possible means of long-range dispersal (Harp 1992), but the

species' high sensitivity to desiccation would likely preclude this

dispersal method (Harp, personal communication, 1994). The life span of

the species is also unknown, but Coyle (1981) estimated that it may

take 3 years for the species to reach maturity.

Previous Federal Activity

From 1989 through 1992, status surveys were conducted for the

spruce-fir moss spider (Harp 1991, 1992). Based on the results of these

surveys, the spider is presently known to exist at only four

locations--three sites in North Carolina and one in Tennessee. Of the

four remaining populations, only one appears to be relatively stable.

This population is located along the Avery/Caldwell County line in

North Carolina. The other two populations in North Carolina are located

in Swain County. Both of the Swain County populations are extremely

small with only one spruce-fir moss spider having been found at each of

these two sites in recent years (Harp 1991, 1992). The forests at the

two Swain County sites are rapidly declining. The Tennessee population

is located in Sevier County. This population was considered healthy in

1989 but is currently believed to be declining in numbers and is

endangered by habitat loss/alteration (Harp 1992). The high-elevation

spruce-fir forests throughout much of the species' historic range are

being decimated by the balsam wooly adelgid (Adelges piceae)--an exotic

insect pest--and possibly by air pollution (acid precipitation) and

other factors not yet fully understood. The death and thinning of the

forest canopy results in locally drastic changes in microclimate

including increased temperatures and decreased moisture leading to

desiccation of the moss mats on which the spruce-fir moss spider, and

possibly its prey base, depend for survival.

In absence of status information, the spruce-fir moss spider was

not included in the Service's notice of review for animal candidates

that was published in the Federal Register of November 21, 1991 (56 FR

58804). However, subsequent surveys of both historic and potential

habitat of the species indicate that the spruce-fir moss spider is

undergoing a rapid decline in distribution. Presently only one

relatively stable population is known to survive and, while currently

considered to be healthy, this population is threatened by the same

factors that are believed to have resulted in the extirpation and/or

decline of the species elsewhere within its historic range.

Accordingly, on August 30, 1993, the Service approved the spruce-fir

moss spider as a category 1 candidate. Category 1 represents those

species for which the Service has enough substantial information on

biological vulnerability and threats to support proposals to list them

as endangered or threatened species.

The Service has met and been in contact with various Federal and

State agency personnel and private individuals knowledgeable about the

species concerning the species' status and the need for the protection

provided by the Act. On December 31, 1992, the Service notified

appropriate Federal, State, and local government agencies, landowners,

and individuals knowledgeable about this or similar species, in

writing, that a status review was being conducted and that the species

might be proposed for Federal listing. A total of 10 written comments

were received. The National Park Service, the North Carolina Division

of Parks and Recreation, and three private individuals (including the

owner of the site containing the Avery/Caldwell County, North Carolina,

population) expressed strong support for the potential listing of the

spruce-fir moss spider as an endangered species. The U.S. Soil

Conservation Service, Tennessee Wildlife Resources Agency, Tennessee

Department of Environment and Conservation, Tennessee Valley Authority,

and the North Carolina Department of Agriculture stated that they had

no new or additional information on the species or threats to its

continued existence. No negative comments were received.

On January 27, 1994, the Service published in the Federal Register

(59 FR 3825) a proposal to list the spruce-fir moss spider as an

endangered species. That proposal provided information on the species'

biology, status, and threats to its continued existence.

Summary of Comments and Recommendations

In the January 27, 1994, spruce-fir moss spider proposed rule and

associated notifications, all interested parties were requested to

submit factual reports or information that might contribute to

development of a final rule. Appropriate Federal and State agencies,

county governments, scientific organizations, individuals knowledgeable

about the species or its habitat, and other interested parties were

contacted and requested to comment. A legal notice, which invited

general public comment, was published in the following newspapers: the

``Avery Journal,'' Newland, North Carolina, February 10, 1994; the

``Lenoir News-Topic,'' Lenoir, North Carolina, February 10, 1994; the

``Watauga Democrat,'' Boone, North Carolina, February 16, 1994; the

``Smoky Mountains Times,'' Bryson City, North Carolina, February 10,

1994; and the ``Mountain Press,'' Sevierville, Tennessee, February 11,

1994.

All written comments received during the comment period are covered

in the following discussion.

Ten written responses to the proposed rule were received. The

National Park Service, North Carolina Wildlife Resources Commission,

North Carolina Division of Parks and Recreation, and three private

individuals expressed strong support for the listing of the spruce-fir

moss spider as endangered. One of these responses received from a

private individual identified errors in the proposed rule concerning

the size range of spruce-fir moss spider, and the likely age at which

sexual maturity is reached by the species. Another of these respondents

provided additional information concerning the status of the species.

The Service has incorporated these corrections and additional

information into this final rule.

Two responses were received from the Tennessee Valley Authority

(TVA) and one from the U.S. Soil Conservation Service (SCS) that

expressed neither support nor opposition to the listing. A response

from the TVA, Regional Natural Heritage Project, and the response from

the SCS stated they had no additional information concerning the

spruce-fir moss spider. A response received from the TVA Land

Management, while stating that they did not oppose listing of the

spider, expressed concern about the lack of peer reviewed information

presented in the proposed rule (concerning the spruce-fir moss spider

and role of atmospheric pollution as factor in decline of its habitat),

stating that the proposal relied [[Page 6970]] mainly on two

unpublished, unreviewed project reports by Harp (1991, 1992). They also

stated that they felt that the habitat of the spruce-fir moss spider

described in the proposed rule was too general; identified errors in

the citation of the Krahl-Urban et al. (1988) document cited in the

``Summary of Factors Affecting the Species,'' factor A, of the proposed

rule; and provided additional information concerning the decline of the

spruce-fir forest in the Southeast.

In enacting the Endangered Species Act, Congress required the

Service to list species as endangered or threatened based on the best

scientific and commercial information available. The Service has

carefully assessed the best available information in determining to

propose and list the spruce-fir moss spider as endangered. This

included a review of literature, State and Federal data bases, and

museum records; intensive surveys of historic and potential habitat;

correspondence with other Federal, State, and private agencies,

companies, and individuals knowledgeable about the species; and all

relevant comments received throughout the review process. Although all

of these information sources have been considered, most of the data for

the species is contained in Coyle (1981), and in the status survey

reports by Harp (1991 and 1992). The Service considers both of these

investigators as highly reliable sources. The only other paper that

provides any detail concerning the species, of which the Service is

aware, that was not referenced in the proposed rule is a paper on the

mating behavior of the spruce-fir moss spider (Coyle 1985).

Despite the fact that the status survey reports by Harp are not

published documents, the information on the spider contained in these

reports has been reviewed by numerous individuals. As part of the

listing process for this species, the Service notified affected

Federal, State, and local government agencies, landowners, and

individuals knowledgeable about this or similar species and requested

their review of the findings presented in Harp's status survey reports

and any additional information that they may have on the species, its

status, or threats to its continued existence. As stated above, no

negative comments in response to the notification of status review were

received and all respondents expressed support of the information

presented in the notification, support of Federal listing of the

species, and/or stated that they had no additional information on the

species. In addition, the proposed rule to list the spruce-fir moss

spider was widely distributed and reviewed. The majority of the

responses support the findings presented in the proposed rule. No

factual or substantive information was received that indicates that the

information concerning the species, its habitat, its biology, its past

and present distribution, and decline and status of its populations and

threats as presented in the proposed rule is incorrect, with the

exception of those items identified above (size, age at sexual

maturity, and the Krahl-Urban et al. (1988) document citation).

Accordingly, the Service believes that sufficient information is

currently available and has been presented that clearly shows that the

species has undergone a drastic decline throughout its range, that the

species' remaining habitat is significantly threatened, and that the

species is in danger of extinction.

The Service does concur that a detailed characterization of the

spruce-fir moss spider's habitat, threats to its habitat, and

additional information concerning the species biology will be necessary

in order to properly manage and implement protection and recovery

measures. These, as well as other research needs and activities

necessary to ensure the long-term survival of the species, will be

addressed by the Service in the development and implementation of a

recovery plan for the spruce-fir moss spider and through other means

(see ``Available Conservation Measures'' below). The Service has

corrected the reference to the Krahl-Urban et al. (1988) document,

changed the citation to the relevant chapter author (R. I. Bruck), and

incorporated additional information concerning the sites where the

species has been found and factors believed to be contributing to the

decline of the spruce-fir forest ecosystem in the Southeast into this

final rule, as requested by the TVA. The Service has also added

additional citations to this final rule to support statements

concerning possible factors contributing to the decline of spruce-fir

forests associated with populations of the spruce-fir moss spider.

One comment opposing the proposal to list the spruce-fir moss

spider was received. This individual stated that ``The scientific

community, and the Service in particular, need to recognize that

extinction has always been a continuing process and will continue to be

so.'' The Service agrees that extinction can be a natural process.

Extinction occurs naturally as species respond by evolving into new

species, or are unable to respond (become extinct) to a changing

environment. However, virtually all of the historical extinctions that

have been documented are attributable either directly or indirectly to

human induced environmental changes (Greenway 1967; Frankel and Soule

1981; Soule 1983), changes that are too new (changes that most species

have not evolved the ability to cope with; i.e., exotic pests,

pollutants, etc.), too rapid, and too destructive to allow the species

the chance to respond. A species being eliminated by processes such as

the human related introductions of exotic pests, applications of

poisonous chemicals, forest clearing, etc., is far different than a

species being unable to adapt to a naturally changing environment.

Further, the Act requires the Service to list species that are in

danger of going extinct without regard as to what factor may be

inducing extinction.

This same respondent also inquired whether there is documentation

that pollution is a contributing factor to the loss of forest cover.

The Service recognizes that the possible role of atmospheric pollution

in the decline of the high elevation spruce in spruce-fir forest

ecosystem in the southern Appalachians is a controversial and highly

complex topic. However, several studies have been conducted and are

currently ongoing to address this issue and, while opinions vary and

much more research is needed, there is field and laboratory data

available that indicates that atmospheric pollution in combination with

other stress factors has played a role in the deterioration of the

health of high elevation red spruce in the southern Appalachians

(Johnson et al., 1992).

Summary of Factors Affecting the Species

After a thorough review and consideration of all information

available, the Service has determined that the spruce-fir moss spider

should be classified as an endangered species. Procedures found at

section 4(a)(1) of the Act and regulations implementing the listing

provisions of the Act (50 CFR part 424) were followed. 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 spruce-fir moss spider are as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. The spruce-fir moss spider is

known to be endemic only to high-elevation spruce-fir forests of

western North Carolina and eastern Tennessee. Historically, the

[[Page 6971]] species has been reported from four sites in North

Carolina and one in Tennessee. In North Carolina the species has been

recorded from two sites in Swain County, one in Yancey County, and one

in Avery/Caldwell Counties (Coyle 1981, Harp 1992). In Tennessee, the

species is known from only one site in Sevier County (Coyle 1981).

During 1989 and through 1992, both historic and potential habitat

of the species was surveyed (Harp 1991, 1992). No new populations of

the spruce-fir moss spider were discovered and of the five previously

recorded populations, only one--the Avery and Caldwell County, North

Carolina, population--appears to be stable (Harp 1992).

The Yancey County, North Carolina, population appears to have been

extirpated, and only one individual could be found at each of the two

sites in Swain County, North Carolina (Harp 1992). The population in

Sevier County, Tennessee, was surveyed in 1989 and was considered to be

relatively healthy at that time (Harp 1991). However, revisits to this

site in 1992 found that the population level is declining, apparently

in conjunction with a rapid decline of Fraser fir occurring at the site

and associated desiccation of moss-mat habitat (Harp 1992). Recent

monitoring of this population indicates that it will likely be

extirpated within the next 1 to 2 years (Harp, personal communication

1994).

The spruce-fir moss spider is very sensitive to desiccation and

requires situations of high and constant humidity (Coyle 1981; Harp

1991, 1992). Loss of forest canopy (primarily the Fraser fir, the

dominant canopy species in the forest stands where the spider has been

found) leading to increased light and decreased moisture on the forest

floor (resulting in desiccation of the moss mats) appears to be the

major cause for the loss and decline of the spruce-fir moss spider at

all four of these sites and the major threat to the species' continued

existence. In a 1991 letter to Mr. Keith Langdon (National Park

Service, Great Smoky Mountains National Park), Dr. Frederick Coyle

(Western Carolina University) indicated that the spruce-fir moss spider

was common at one of the sites in Swain County, North Carolina, as late

as 1983 but was extremely rare by 1988. In his letter to Mr. Langdon,

Dr. Coyle stated that many of the moss mats at this site had become dry

and loose, which he suspected was due largely to deterioration of the

forest canopy at the site.

Fraser fir at all four of these sites from which the spider has

been recorded (the Swain and Yancey County sites in North Carolina and

the Sevier County, Tennessee, site) have suffered extensive mortality,

believed to be primarily due to infestation by the balsam wooly adelgid

(J. Harp, Oak Ridge National Laboratory, personal communication, 1993),

a non-native insect pest believed to have been introduced into the

United States, around 1900, from Europe (Kotinsky 1916; Eagar 1984).

The adelgid was first detected in North Carolina on Mount Mitchell in

1957 (Speers 1958), though it was likely established at that site as

early as 1940, and from Mount Mitchell it spread to the Fraser fir

communities throughout the southern Appalachians (Eagar 1984). Most

mature Fraser fir are easily killed by the adelgid (Amman and Speers

1965) with death occurring within 2 to 7 years of the initial

infestation (Eagar 1984).

While the loss of the Fraser fir appears to be the most significant

threat to the remaining spruce-fir moss spider populations, the

combined effects of several other factors are also believed to be

stressing and contributing to the decline of the high elevation spruce-

fir forest stands. Bruck (1988) estimated that trees 45 through 85

years of age at the summit of Mount Mitchell, (the site in Yancey

County, North Carolina, where the species is now believed to be

extirpated) showed an average defoliation of 75 to 90 percent and that

all the trees exhibited some form of growth reduction. He hypothesized

that atmospheric pollution was a possible factor in the decline.

Regional scale air pollution in combination with other stress factors

is believed to have played a significant role in the deterioration of

the health of high elevation red spruce in the east (Johnson et al.

1992). Site deterioration due to past land use history (past logging

and burning practices in southern Appalachians) and winter injury have

also been identified as possible contributing factors (Peart et al.

1992). The death and thinning of the canopy trees within these stands

also cause the remaining trees to be more susceptible to wind and other

storm damage, which has become a major concern at the Sevier County,

Tennessee, site (J. Harp, personal communication 1992).

The spruce-fir forest at the site harboring the Avery/Caldwell

County, North Carolina, population of the spruce-fir moss spider has

not experienced the degree of decline that has occurred (and is

occurring) at the other sites known to support (or to have supported)

populations of the spider. However, the same factors that are believed

to have resulted in the decline of the spruce-fir forest and the

associated loss of suitable moss-mat habitat at these other sites

threaten this population and its habitat at this site as well.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. The spruce-fir moss spider is not currently known

to be commercially valuable; however, because of its extreme rarity and

uniqueness, it is conceivable that it could be sought by collectors. It

is one of only two members of the genus Microhexura, it is the only

representative of the primitive family Dipluridae in eastern North

America and is one of the smallest of the world's ``tarantulas.'' While

collecting or other intentional take is not presently identified as a

factor contributing to the species' decline, the low numbers, slow

reproductive rate, and extremely restricted range of the spruce-fir

moss spider make it unlikely that the species could withstand even

moderate collecting pressure.

C. Disease or predation. It is presently unknown whether disease or

predation have played a role in the decline of the spruce-fir moss

spider. Further research is needed in this area. While predation is not

thought to be a significant threat to a healthy population of the

spruce-fir moss spider, it could limit the recovery of the species or

contribute to the local extirpation of populations already depleted by

other factors. Possible predators of the spruce-fir moss spider include

pseudoscorpions, centipedes, and other spiders (Harp 1992).

D. The inadequacy of existing regulatory mechanisms. Neither the

State of North Carolina nor the State of Tennessee include arachnids on

their lists of endangered and threatened species; therefore, the

species is unprotected in both States. Federal listing will provide

protection for the spruce-fir moss spider throughout its range by

requiring Federal permits to take the species and by requiring Federal

agencies to consult with the Service when activities they fund,

authorize, or carry out may affect the species.

E. Other natural or manmade factors affecting its continued

existence. Only one of the four remaining populations of this species

appears stable. The other three surviving populations are extremely

small and all four populations are geographically isolated from one

another. Therefore, the long-term genetic viability of these

populations is in doubt. Also, the restricted range of each of the

surviving populations makes them extremely vulnerable to extirpation

from a single event or activity, such as a severe storm,

[[Page 6972]] fire, land-clearing or timbering operation, pesticide/

herbicide application, etc. Because they are isolated from one another

natural repopulation of an extirpated population would be unlikely

without human intervention.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by this species in determining to make this rule

final. The species has been greatly reduced in numbers throughout the

majority of its historic range and presently is known to occur at only

four locations. At two of these locations, only lone individuals--one

at each location--have been observed in recent years; at a third

location the species has undergone a rapid decline in numbers and is

endangered by further habitat degradation/alteration. Only one of the

remaining populations appears to be stable at this time, and it is

threatened by many of the same factors that are believed to have

resulted in the extirpation or decline of the other historically known

populations. Due to the species' history of population loss and decline

and the extreme vulnerability of the surviving populations, threatened

status does not appear appropriate for this species. Critical habitat

is not being proposed for this species at this time for the reasons

discussed below.

Critical Habitat

Section 4(a)(3) of the Act requires that, to the maximum extent

prudent and determinable, the Secretary designates critical habitat at

the time the species is determined to be endangered or threatened. The

Service's regulations (50 CFR 424.12(a)(1)) state that designation of

critical habitat is not prudent when one or both of the following

situations exist: (1) The species is threatened by taking or other

activity and the identification of critical habitat can be expected to

increase the degree of threat to the species or (2) such designation of

critical habitat would not be beneficial to the species. The Service

finds that designation of critical habitat is not prudent for this

species. Such a determination would result in no known benefit to the

spruce-fir moss spider, and designation of critical habitat could

further threaten the species.

Section 7 of the Act requires that Federal agencies insure that

their actions are not likely to jeopardize the continued existence of

listed species, or result in the destruction or adverse modification of

critical habitat. (See ``Available Conservation Measures'' section for

a further discussion of section 7.) As part of the development of this

rule, Federal and State agencies were notified of the spruce-fir moss

spiders' general distribution, and they were requested to provide data

on proposed Federal actions that might adversely affect the species. No

specific projects were identified. Should any future projects be

proposed in areas inhabited by the spruce-fir moss spider, the involved

Federal agency will already have the general distribution data needed

to determine if the species may be impacted by their action. If needed,

more specific distribution information would be provided.

Three of the four surviving populations of the spruce-fir moss

spider are considered to be extremely small, and suitable habitat at

each of the four sites still supporting the species is very limited.

Thus, any Federal action with the potential to result in significant

adverse modification or destruction of the species' habitat would also

likely jeopardize its continued existence, thereby triggering both the

destruction or adverse modification of critical habitat standard and

the jeopardy standard. Therefore, no additional protection for the

spruce-fir moss spider would accrue from critical habitat designation

that would not also accrue from listing the species. Consequently, when

listed, habitat protection for the spruce-fir moss spider will be

accomplished through the section 7 jeopardy standard and section 9

prohibitions against take.

In addition, the spruce-fir moss spider is very rare and unique,

and taking for scientific purposes and private collection could pose a

threat if specific site information were released. The publication of

critical habitat maps in the Federal Register, local newspapers, and

other publicity accompanying critical habitat designation could

increase the collection threat. The locations of populations of these

species have consequently been described only in general terms in this

proposed rule. Any existing precise locality data would be available to

appropriate Federal, State, and local government agencies from the

Service office described in the ADDRESSES section; from the Service's

Raleigh Field Office, P.O. Box 33726, Raleigh, North Carolina 27636-

3726; the Service's Cookeville Field Office, 446 Neal Street,

Cookeville, Tennessee 38501; and from the North Carolina Wildlife

Resources Agency, North Carolina Natural Heritage Program, Tennessee

Wildlife Resources Agency, and Tennessee Department of Conservation.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Act include recognition, recovery actions,

requirements for Federal protection, and prohibitions against certain

practices. Recognition through listing encourages and results in

conservation actions by Federal, State, and private agencies, groups,

and individuals. The 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 taking and harm are discussed, in

part, below.

Section 7(a) of the Act 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)(2) requires Federal agencies to ensure that activities

they authorize, fund, or carry out are not likely to jeopardize the

continued existence of a listed species or to 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. The Service has

notified Federal agencies that may have programs that affect the

species. Federal activities that occur and impact the species include,

but are not limited to, the carrying out or issuance of permits for

construction, recreation or development actions that could result in

the loss or thinning of the high-elevation forest canopy, and pesticide

or herbicide applications for the control of noxious insects or weeds.

It has been the experience of the Service, however, that nearly all

section 7 consultations can be resolved so that the species is

protected and the project objectives met.

Section 9 of the Act and implementing regulations found at 50 CFR

17.21 set forth a series of general 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 (includes harass, harm, pursue, hunt, shoot, wound, kill, trap,

or collect; or to attempt any of these), import or export, ship in

interstate commerce in the course of a commercial activity, or sell or

offer for sale in interstate or foreign commerce any listed species. It

also is [[Page 6973]] 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 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.

It is the policy of the Service, published in the Federal Register

on July 1, 1994 (59 FR 34272), to identify to the maximum extent

practicable at the time of listing those activities that would

constitute a violation of Section 9 of the Act. The intent of this

policy is to increase public awareness of the listing on proposed and

on-going activities within a species' range. Activities that could

potentially result in ``take'' of the spruce-fir moss spider include,

but are not limited to, unauthorized collecting or handling of the

spider, unauthorized pesticide applications within the occupied habitat

of the spider, or intentional or unauthorized destruction of the

species' habitat (e.g., burning or forest clearing within the occupied

range of the species; trampling or other disturbance of the moss mats

within which the species occurs, etc.).

Questions regarding whether specific activities will constitute a

violation of section 9 should be directed to the Field Supervisor of

the Service's Asheville Office (see ADDRESSES section). Requests for

copies of the regulations regarding listed wildlife and inquiries about

prohibitions and permits should be addressed to the U.S. Fish and

Wildlife Service, Southeast Regional Office, Ecological Services,

Division of Endangered Species, 1875 Century Boulevard, Atlanta,

Georgia 30345-3301 (Telephone 404/679-7099; Facsimile 404/679-7081).

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments and Environmental Impact Statements, 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

Amman, G. D. and C. F. Speers. 1965. Balsam wooly aphid in the

southern Appalachians. Journ. For. 63:18-20.

Bruck, R. I. 1988. Research site: Mount Mitchell (southern

Appalachians). Decline of the red spruce and Fraser fir. IN: B.

Krahl-Urban, H. E. Papke, K. Peters, and C. Shimanski (eds.). Forest

Decline. U.S. Environmental Protection Agency and German Ministry of

Research and Technology. 137 pp.

Coyle, F. A. 1981. The mygalomorph genus Microhexura (Araneae,

Dipluridae). Bull. Amer. Mus. Nat. Hist. 170:64-75.

Coyle, F. A., 1985. Observations on the mating behavior of the tiny

mygalomorph spider, Microhexura montivaga Crosby & Bishop (Araneae,

Dipluridae). Bull. Brit. Arach. Soc. 6(8):328-330.

Crosby, C. R., and S. C. Bishop. 1925. Two new spiders from the Blue

Ridge Mountains of North Carolina (Araneina). Ent. News. 36:142-146,

Figs. 1 and 2.

Eagar, C. 1984. Review of the biology and ecology of the balsam

woolly aphid in southern Appalachian spruce-fir forests. IN: P. S.

White (ed.), The southern Appalachian spruce-fir ecosystem: its

biology and threats. Research/Resources Management Report SER-71.

U.S. Dept. of Interior, National Park Service.

Frankel, O. H., and M. E. Soule. 1981 Conservation and evolution.

Cambridge University Press, Cambridge, England.

Greenway, J. C., Jr. 1967. Extinction and vanishing birds of the

world. Dover Publications, New York.

Harp, J. M. 1991. Status of the spruce-fir moss spider, Microhexura

montivaga Crosby and Bishop, in the Great Smoky Mountains National

Park. Unpubl. report to the National Park Service, U.S. Department

of the Interior. 12 pp. plus appendix.

Harp, J. M. 1992. A status survey of the spruce-fir moss spider,

Microhexura montivaga Crosby and Bishop (Araneae, Dipluridae).

Unpubl. report to the North Carolina Wildlife Resources Commission,

Nongame and Endangered Wildlife Program, and the U.S. Fish and

Wildlife Service, Asheville, North Carolina. 30 pp.

Johnson, A. H., S. B. McLaughlin, M. B. Adams, E. R. Cook, D. H.

DeHayes, C. Eagar, I. J. Fernandez, D. W. Johnson, R. J. Kohut, V.

A. Mohnen, N. S. Nicholas, D. R. Peart, G. A. Shier, and P. S.

White. 1992. Synthesis and conclusions from epidemiological and

mechanistic studies of red spruce decline. IN: C. Eagar and M. B.

Adams (eds.) Ecology and decline of red spruce in the eastern United

States. Springer-Verlag, New York.

Kotinsky, J. 1916. The European fir trunk louse, Chermes (Dreyfusia)

piceae (Ratz.). Ent. Proc. Soc. Washington 18:14-16.

Peart, D. R., N. S. Nicholas, S. M. Zedaker, M. Miller-Weeks, and T.

G. Siccama. 1992. Condition and recent trends in high-elevation red

spruce populations. IN: C. Eagar and M. B. Adams (eds.) Ecology and

decline of red spruce in the eastern United States. Springer-Verlag,

New York.

Speers, C. F. 1958. The balsam woolly aphid infestation on cambial

activity in Abies grandis. Amer. Jour. Bot. 54:1215-1223.

Author

The primary author of this proposed rule is John A. Fridell, U.S.

Fish and Wildlife Service, Asheville Field Office, 330 Ridgefield

Court, Asheville, North Carolina 28806 (704/665-1195, Ext. 225).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Regulation Promulgation

Accordingly, part 17, subchapter B of chapter I, title 50 of the

Code of Federal Regulations, is amended as set forth below:

PART 17--[AMENDED]

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. Section 17.11(h) is amended by adding the following, in

alphabetical order under ARACHNIDS, to the List of Endangered and

Threatened Wildlife, to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

[[Page 6974]]

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Species Vertebrate

----------------------------------------------------------- population

where Critical Special

Historic range endangered Status When listed habitat rules

Common name Scientific name or

threatened

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

Arachnids

* * * * * *

Spider, spruce-fir moss..... Microhexura montivaga....... U.S.A. (NC and TN).......... NA E 576 NA NA

* * * * * *

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

Dated: December 12, 1994.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95-2836 Filed 2-3-95; 8:45 am]

BILLING CODE 4310-55-P