Endangered and Threatened Wildlife and Plants; Proposed Rule to List the Illinois Cave Amphipod as Endangered

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE31

Endangered and Threatened Wildlife and Plants; Proposed Rule to

List the Illinois Cave Amphipod as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

endangered status pursuant to the Endangered Species Act of 1973, as

amended (Act), for the Illinois cave amphipod, Gammarus acherondytes,

Historically, the amphipod was known from six cave streams in Monroe

and St. Clair counties, Illinois. Recent surveys have found the species

at only three of the original six sites. This species is believed to be

threatened primarily by groundwater pollution which is likely due to

the application of pesticides in cave stream recharge areas (the area

of land surface from which water drains into a particular cave stream).

A possible secondary threat is contamination of subsurface water by

human and animal wastes from sewage and septic systems and livestock

feedlots.

DATES: Comments from all interested parties must be received by

September 26, 1997. Public hearing requests must be received by

September 11, 1997.

ADDRESSES: Comments and materials concerning this proposal should be

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

Office, 4469 48th Avenue Court, Rock Island, Illinois. Comments and

materials received will be available for public inspection by

appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Richard C. Nelson, Field Supervisor,

Illinois Field Office (see ADDRESSES section) (telephone 309/793-5800;

facsimile 309/793-5804).

SUPPLEMENTARY INFORMATION:

Background

The Illinois cave amphipod was described by Hubricht and Mackin

terials received will be available for public inspection by

appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Richard C. Nelson, Field Supervisor,

Illinois Field Office (see ADDRESSES section) (telephone 309/793-5800;

facsimile 309/793-5804).

SUPPLEMENTARY INFORMATION:

Background

The Illinois cave amphipod was described by Hubricht and Mackin

(1940). Type specimens were collected by Leslie Hubricht in 1938 from

Morrison's Cave (now Illinois Caverns), near Burksville, Illinois.

Sexually mature males are up to 20.0 millimeters (mm) (0.8 inch

(in.)) long; sexually mature females are 12.0 to 16.0 mm (0.5 to 0.6

in.) long. Their color in light is light gray-blue and their eyes are

reniform, small and degenerate with the pigment drawn away from the

facets in an irregular black mass. Their first antenna is long and

slender, more than one-half the length of the body. The primary

flagellum has up to forty segments and the secondary flagellum has up

to six segments. The second antenna is about three-fourths as long as

the first antenna. The flagellum of the second antenna has up to 18

segments and lacks sensory organs in either sex. Hubricht and Mackin

(1940), reported that its clutch size is up to 21 eggs and Holsinger

(1972) reported that ovigerous (egg-bearing) females have been observed

in summer and fall.

This species is best differentiated from other amphipods in the

field, especially from G. fasciatus, which it resembles, by its color,

small degenerate eyes, and a much longer first antenna. It is usually

associated with the larger G. troglophilus (Hubricht and Mackin 1940)

but is much less common (Holsinger 1972).

This species is a troglobitic (cave dependent) species inhabiting

the dark zone of cave streams. As a group, amphipods require cold water

and are intolerant of wide ranges in temperature. They are strongly

sensitive to touch and react negatively to light

irst antenna. It is usually

associated with the larger G. troglophilus (Hubricht and Mackin 1940)

but is much less common (Holsinger 1972).

This species is a troglobitic (cave dependent) species inhabiting

the dark zone of cave streams. As a group, amphipods require cold water

and are intolerant of wide ranges in temperature. They are strongly

sensitive to touch and react negatively to light. High levels of

dissolved oxygen appears to be an environmental necessity. They are

omnivorous scavengers, feeding on dead animal and plant matter or the

thin bacterial film covering most submerged surfaces throughout their

aquatic habitat.

The Illinois cave amphipod is endemic to the Illinois Sinkhole

Plain of Monroe and St. Clair counties and was historically known from

six cave systems, which are all within a 16 kilometer (10 mile) radius

of Waterloo, Illinois. The main entrances to two of the caves, Illinois

Caverns and Fogelpole Cave, are in public ownership and the other four

are privately owned. The cave streams from which this species is

historically known are each fed by a separate and distinct watershed or

recharge area, and there are no known interconnections between them,

with the possible exception of two caves that may become hydrologically

connected during extremely high rainfall over short periods of time

(Samuel V. Panno, Illinois Natural History Survey, Champaign, IL, in

litt., 1996). Thus, it is believed that there is virtually no

opportunity for this species to become distributed to other cave

systems via natural pathways.

There are few data on which to base population, productivity or

trend estimates for this species. Sampling for cave fauna is difficult

at best and is compounded by the relatively small size of this species.

Survey data do not, and probably cannot, show a decline in numbers of

this small subterranean invertebrate, but they do demonstrate a decline

in its range and number of extant populations

There are few data on which to base population, productivity or

trend estimates for this species. Sampling for cave fauna is difficult

at best and is compounded by the relatively small size of this species.

Survey data do not, and probably cannot, show a decline in numbers of

this small subterranean invertebrate, but they do demonstrate a decline

in its range and number of extant populations. Since Hubricht's initial

1940 collections of unknown numbers from two caves, other collections

have been made in 1965 (at least 19 specimens taken from the two 1940

caves, plus a third cave), 1972 (unknown numbers taken from two

additional caves), 1974 (six specimens taken from one of the 1940

caves), 1986

(two specimens taken from one of the 1940 caves and from a new, sixth

cave), 1992 (20 specimens taken from one of the 1940 caves), and 1993

(11 specimens taken from two 1940 caves) (Webb 1995).

The most recent and extensive sampling effort was in 1995 in which

the Illinois Natural History Survey (INHS) investigated 25 caves in the

Illinois Sinkhole Plain and confirmed the presence of the species in

only three of the original six cave systems, all in Monroe County (Webb

et al. 1993; Webb 1995). In 1995, 56 specimens were taken from Illinois

Caverns, 19 specimens from Fogelpole Cave and two specimens from a

third, privately owned cave. Although the number of specimens taken in

1995 is greater than the number taken at any other time, this is likely

due to a much more concentrated effort to search for this species

rather than to an increase in the species' population. The species has

probably been extirpated from the two privately owned caves where no

specimens have been collected since 1965 or 1986. Its status in a

sixth, privately owned cave is currently unknown, because the cave

entrance has been closed by the landowner, and the cave has not been

re-surveyed since 1965

tions (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 determined to be an

endangered or threatened species may be endangered or threatened due to

one or more of the five factors described in Section 4(a)(1). These

factors and their application to the Illinois cave amphipod are as

follows:

A. The Present or Threatened Destruction, Modification, or Curtailment

of Its Habitat or Range

The degradation of habitat through the contamination of groundwater

is believed to be the primary threat to the Illinois cave amphipod.

Karst terrain, where this amphipod is found, is a land formation

typified by sinkholes and fissures that provide direct and rapid

conduits for water-borne material from the surface to the groundwater,

thereby avoiding the filtering and cleansing mechanisms normally

provided by overlying soils. Recharge to the water table in karst

terrain often is nearly instantaneous, and flood pulses following a

rainstorm may cause levels of contaminants to become transiently higher

(Libra et al. 1986), up to 10,000 times higher than before the event

(Quinlan and Alexander 1987).

There are several possible mechanisms by which cave streams may be

degraded, three of which are--(1) The seasonal application of

pesticides and fertilizers, evidence of which has been found in spring

and well water samples in Monroe County (Panno et al. 1996); (2)

bacterial contamination from human and animal wastes, which finds its

way to subsurface water via septic systems, the direct discharge of

sewage waste into sinkholes, or from livestock feedlots (Panno et al.

1996); and (3) the accidental or intentional dumping of a toxic

substance into a sinkhole

which has been found in spring

and well water samples in Monroe County (Panno et al. 1996); (2)

bacterial contamination from human and animal wastes, which finds its

way to subsurface water via septic systems, the direct discharge of

sewage waste into sinkholes, or from livestock feedlots (Panno et al.

1996); and (3) the accidental or intentional dumping of a toxic

substance into a sinkhole.

The most commonly used herbicides (and their proprietary names) in

Monroe County are atrazine, alachlor (Lasso), cyanazine (Bladex),

metolachlor (Dual), glyphosate (Roundup), 2,4-D, imazaquin (Scepter),

imazethapyr (Pursuit), and pendimethalin (Prowl) (Omar Koester,

University of Illinois Extension Service, in litt. 1996). The Illinois

State Geological Survey (ISGS) analyzed water samples from nine

springs, one cave stream, and 33 wells in Monroe County for bacteria

and pesticides to determine if contamination is occurring (Panno, et

al. 1996). The agricultural herbicides atrazine and/or alachlor were

detected in 83 percent of groundwater samples taken from springs in the

study area, often exceeding the U.S. EPA Maximum Contaminant Levels of

2.0 parts per billion (ppb) and 3.0 ppb, respectively, during and

following spring rainfalls. They reported maximum atrazine levels in

spring samples as high as 98 ppb with the maximum level in Illinois

Caverns being 1.38 ppb (Panno, et al. 1996). Macek et al. (1976)

observed acute toxicity to the amphipod Gammarus fasciatus from a 48

hour exposure to the herbicide atrazine at 2.4 parts per million (ppm)

(LC50 = 5.7 ppm). In addition, they reported reproductive

effects and impaired survival of offspring from concentrations as low

as 0.14 ppm of atrazine during chronic tests lasting 30-119 days (Macek

et al. 1976).

The most commonly used insecticides in the region include carbaryl,

carbofuran, chlorpyrifos, malathion, permethrin, methyl parathion, and

phosmet

e at 2.4 parts per million (ppm)

(LC50 = 5.7 ppm). In addition, they reported reproductive

effects and impaired survival of offspring from concentrations as low

as 0.14 ppm of atrazine during chronic tests lasting 30-119 days (Macek

et al. 1976).

The most commonly used insecticides in the region include carbaryl,

carbofuran, chlorpyrifos, malathion, permethrin, methyl parathion, and

phosmet. Mayer and Ellersieck (1985) reported that Gammaridae were most

sensitive to the five insecticides carbaryl, DDT (dichloro-diphenyl-

trichloroethane), endrin, malathion, and methoxychlor and postulate

that pulses of pesticides characteristic of karst springs could have

major impacts on biota such as amphipods. Webb et al. (1993) analyzed

amphipod and isopod tissue samples from numerous caves, including the

three caves known to contain the amphipod, for pesticides and PCB's

(polychlorinated biphenyls). DDE (dichlorodiphenyl-dichloroethylene)

and DDD (1,1-dichloro,-2,2-bis(p-chloro-phenyl) ethane) (breakdown

products of DDT) were detected in isopods from Fogelpole Cave

reflecting the historical use of the insecticide DDT in the drainage

basin. In addition, dieldrin, the persistent breakdown product of the

insecticide aldrin, was detected in invertebrate samples from Fogelpole

Cave. Both DDT and aldrin have been banned from use in the United

States since 1973 and 1974, respectively. These data demonstrate some

of the long term detrimental effects that agricultural chemicals can

have on cave ecosystems. Interestingly, neither DDD, DDE, nor dieldrin

were detected in water samples from Fogelpole Cave, supporting the

premise that cave invertebrates accumulate and concentrate these toxins

even though they do not exist at detectable levels in the cave water,

thus serving as indicators of past and present contamination.

Webb et al. (1993) also found detectable quantities of bromide,

fluoride, sulfate, and nitrate in Illinois Caverns and Fogelpole Cave.

In

in water samples from Fogelpole Cave, supporting the

premise that cave invertebrates accumulate and concentrate these toxins

even though they do not exist at detectable levels in the cave water,

thus serving as indicators of past and present contamination.

Webb et al. (1993) also found detectable quantities of bromide,

fluoride, sulfate, and nitrate in Illinois Caverns and Fogelpole Cave.

In

addition, they found detectable concentrations of calcium, sodium,

magnesium, iron, manganese, silicon, and barium in water samples from

Fogelpole Cave, and these plus aluminum, potassium, and phosphorus in

Illinois Caverns (Webb et al. 1993). In amphipod tissue samples from

Fogelpole Cave, they reported detectable concentrations of aluminum,

boron, barium, calcium, chromium, copper, iron, potassium, magnesium,

manganese, sodium, phosphorus, and zinc (Webb et al. 1993). The six

highest ranked metals detected in amphipod samples were also the six

highest ranked metals detected in water samples, indicating an apparent

relationship between the relative concentrations of these metals in

both water and tissue. The acute and chronic effects of these ions on

the Illinois cave amphipod are currently unknown but their presence in

amphipod tissues and the water samples provides evidence of potential

harm.

In addition to chemical contamination, Panno et al. (1996) report

that all springs and cave streams they sampled, as well as 29 of 33

wells, contained concentrations of coliform, fecal coliform,

enterococcus, and numerous other bacterial species that exceeded

drinking water standards. The bacterial species present strongly

suggest contamination from both human and livestock sources. Prior to

1988, private and aeration-type septic systems were allowed to

discharge directly into sinkholes and most of those systems are still

in existence (Panno et al. 1996). Although the practice was prohibited

in 1987, exceptions are still granted in the study area (Panno et al.

1996)

ards. The bacterial species present strongly

suggest contamination from both human and livestock sources. Prior to

1988, private and aeration-type septic systems were allowed to

discharge directly into sinkholes and most of those systems are still

in existence (Panno et al. 1996). Although the practice was prohibited

in 1987, exceptions are still granted in the study area (Panno et al.

1996).

In his studies, Poulson (1991) concluded that bacterial pollution

from human and livestock wastes has varying degrees of impact on cave

biota. At high levels of contamination, a high biochemical oxygen

demand (BOD) kills all macroscopic organisms and leaves only strands of

colonial sewage bacteria and associated protozoa. If the BOD is high

but does not completely remove oxygen, then tubificid sewage worms

become part of the faunal community. If the amount of wastes is not too

great, as with the diffuse input from septic fields, the sewage fauna

is only minimally developed, but the increased organic food supply

favors survival and reproduction of shorter-lived non-cave-dependent

macrofauna which may replace cave-dependent species. If the input of

waste decreases later, chironomid midges and other non-cave-dependent

species survive but can no longer reproduce, while the reproduction of

short-lived cave-dependent isopods and flatworms is stimulated. At

still lower impact levels, the reproduction of larger cave-dependent

species, like crayfish, may also be stimulated.

The effects of bacterial contamination on the Illinois cave

amphipod are unknown. However, bacterial contamination is evidence of

water quality deterioration and could pose a threat to the species.

Monroe County is within commuting distance of the St. Louis, Missouri,

metropolitan area and is rapidly undergoing residential development

(Poulson 1991). In fact, the increase in bacterial contamination of

well water in the county coincided with the onset of accelerated

development about 1987 (Poulson 1991)

n is evidence of

water quality deterioration and could pose a threat to the species.

Monroe County is within commuting distance of the St. Louis, Missouri,

metropolitan area and is rapidly undergoing residential development

(Poulson 1991). In fact, the increase in bacterial contamination of

well water in the county coincided with the onset of accelerated

development about 1987 (Poulson 1991). It is likely that the increase

in bacterial contamination was the result of the installation of

private septic systems in areas with soils of limited waste

assimilation capacity, inadequate soil thickness, and systems that

discharge septic effluent directly into sinkholes (Joan Bade, Monroe-

Randolph Bi-County Health Department, Waterloo, IL., pers. comm. 1996).

The toxicity of contaminants to cave-dwelling species may be quite

different than the response of their surface-dwelling relatives, making

the results of chemical analysis difficult to interpret. Due to their

adaptations to a narrow range of environmental conditions, obligate

cave species may be hypersensitive to chemical changes in ways that are

not detectable by standard toxicity tests (Poulson 1991). Contaminants

known to be toxic to amphipods and other crustaceans have been shown to

be present and increasing in cave streams in the local area. While

direct mortality cannot be conclusively attributed to such agricultural

chemicals as atrazine, carbaryl, DDT, or malathion, or to bacterial

contamination, the presence of such contaminants in the amphipod's

environment constitutes strong circumstantial evidence that the

deterioration of water quality is the primary cause of the decrease in

its range and number of extant populations.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

icals as atrazine, carbaryl, DDT, or malathion, or to bacterial

contamination, the presence of such contaminants in the amphipod's

environment constitutes strong circumstantial evidence that the

deterioration of water quality is the primary cause of the decrease in

its range and number of extant populations.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Overexploitation or scientific collecting are not believed to be

factors affecting the species' continued existence at this time, but

the Federal listing will prohibit unauthorized collection of

individuals of the species. Exact numbers are unknown, but at a minimum

only 139 specimens have been collected from 6 caves over a 55-year

period. Protection from collection may become important, because

collectors may seek the species once it becomes listed.

Human utilization of cave environments is a potential threat to

this species. The accidental or intentional introduction of materials

toxic to this species, unauthorized collecting, direct injury or

mortality, and habitat disturbance are potential hazards during visits

to caves. None of the caves occupied by the amphipod have improved

pedestrian walkways, and visitors must pass through the cave streams to

access deeper passages. Such activities can physically disturb cave

stream habitat, but the subsequent impact on the amphipod is unknown.

Cave ecosystems are considered to be delicate and are easily damaged.

The State of Illinois owns the main entrances to Illinois Caverns

and Fogelpole Cave and manages them as satellites of the Kaskaskia

River State Fish and Wildlife Area. The State allows a maximum of 25

individuals at a time to enter Illinois Caverns, unsupervised, provided

they obtain a permit and agree to conditions that prohibit littering or

removal of biological materials. The Caverns are staffed during

business hours by an on-site attendant.

The main entrance to Fogelpole Cave, a dedicated Nature Preserve,

is gated

a

River State Fish and Wildlife Area. The State allows a maximum of 25

individuals at a time to enter Illinois Caverns, unsupervised, provided

they obtain a permit and agree to conditions that prohibit littering or

removal of biological materials. The Caverns are staffed during

business hours by an on-site attendant.

The main entrance to Fogelpole Cave, a dedicated Nature Preserve,

is gated. The State does not allow any visitation of this cave except

by permit for scientific purposes only. Three privately owned entrances

to the third cave containing the amphipod have also been dedicated as

Illinois Nature Preserves. Such dedication implements landowner

agreements to preserve and maintain existing conditions at these sites.

C. Disease or Predation

The importance of these factors is presently unknown.

D. The Inadequacy of Existing Regulatory Mechanisms

This species has no protection under Federal law. The Federal Cave

Resources Protection Act of 1988 (16 U.S.C. 4301-4309; 102 Stat. 4546)

seeks to secure, protect, and preserve significant caves on Federal

lands for the perpetual use, enjoyment, and benefit of all people.

However, at this time, the Cave Resources Protection Act provides no

protection to any caves containing, or potentially containing, Illinois

cave amphipods, because none of the caves are on or under Federal land

or are located in the immediate vicinity of Federal ownership.

Therefore, these caves are ineligible for Federal protection under the

Cave Resources Protection Act.

The Illinois cave amphipod is listed as an endangered species under

the

t provides no

protection to any caves containing, or potentially containing, Illinois

cave amphipods, because none of the caves are on or under Federal land

or are located in the immediate vicinity of Federal ownership.

Therefore, these caves are ineligible for Federal protection under the

Cave Resources Protection Act.

The Illinois cave amphipod is listed as an endangered species under

the

Illinois Endangered Species Protection Act. As such, it is protected

from direct taking (i.e., injury or mortality) regardless of whether it

is on public or private land. However, ``take'' under State law does

not include indirect harm through such mechanisms as habitat

alteration. As long as landowners are otherwise in compliance with the

law, Illinois law is unable to provide habitat protection for this

species resulting from private actions.

State law requires consideration of this species during the

planning processes of State agencies and local units of government

which must consult with the Illinois Department of Natural Resources

(DNR) on the impacts of their proposed actions. The DNR will provide

recommendations on how the impacts to the species can be avoided or

minimized. The unit of government may accept or reject any or all

recommendations (Illinois Administrative Code).

As mentioned in section B above, several of the entrances to caves

containing the species are dedicated as Illinois Nature Preserves,

which is the strongest land protection mechanism in Illinois. Such

dedication restricts future uses of the land, in perpetuity, for the

purpose of preserving the site in its natural state. The removal of

biota from the site is prohibited except by permit and for scientific

purposes only. Allowable uses of the site are limited to

nonconsumptive, nondestructive activities only

ature Preserves,

which is the strongest land protection mechanism in Illinois. Such

dedication restricts future uses of the land, in perpetuity, for the

purpose of preserving the site in its natural state. The removal of

biota from the site is prohibited except by permit and for scientific

purposes only. Allowable uses of the site are limited to

nonconsumptive, nondestructive activities only. The landowner may

decide whether to allow public access to the site and management is

accomplished in accordance with a master management plan prepared

jointly by the Illinois Nature Preserve Commission and the landowner.

Dedicated properties cannot be subdivided and the dedication instrument

is attached to the deed and recorded.

Ownership or protection of cave entrances does not necessarily

ensure protection of the caves' environment, particularly water

quality. Water quality is largely a function of land use in cave stream

recharge areas, and the vast majority of the watersheds of all caves

containing the amphipod is in private ownership and land use is

primarily agriculture. Recharge areas may be several square miles in

size, and runoff and seepage from thousands of acres of agricultural

land may be funneled into one cave system, thus increasing the

magnitude of any toxic hazard posed by the use of agricultural

chemicals. The application of pesticides is regulated by the U.S.

Environmental Protection Agency (EPA) and maximum allowable application

levels and use restrictions are printed on pesticide container labels.

While pesticide applicators may be applying chemicals fully in

compliance with the restrictions, adverse impacts to the species may

still result.

Current State and local regulations are inadequate for protecting

water quality in a sensitive geological formation like karst. St. Clair

and Monroe counties are rapidly developing as residential communities

for the St. Louis, Missouri, Metropolitan Area with most home sites

being served by individual wells and septic systems

the restrictions, adverse impacts to the species may

still result.

Current State and local regulations are inadequate for protecting

water quality in a sensitive geological formation like karst. St. Clair

and Monroe counties are rapidly developing as residential communities

for the St. Louis, Missouri, Metropolitan Area with most home sites

being served by individual wells and septic systems. Septic systems may

not perform as designed and, in some cases, septic effluent is allowed

to drain directly into sinkholes. Studies have shown that there is no

general housing density in karst terrain that assures that groundwater

quality will be protected when septic systems are used (Aley and

Thompson 1984). The more houses there are in a spring or cave stream

recharge area, the greater the chance that some of them will introduce

contaminants into the groundwater system, and the greater the chance

that one or more of the septic field systems will constitute a major

source of groundwater contamination (Aley and Thompson 1984).

E. Other Natural or Manmade Factors Affecting Its Continued Existence

As a group, aquatic amphipods have adapted to the extremes of

natural events such as spring floods or high discharge following a

rainstorm and, no doubt, some individuals are washed out of the cave

environment during such events. However, because of the low numbers of

the Illinois cave amphipod and a highly restricted range, even the loss

of a few individuals may be significant to the species' survival. The

species being extant in only three cave systems within a relatively

small geographic area, it is conceivable that a heavy spring snowmelt

or rainstorm could cause a flushing of all three systems at one time.

As a consequence, there may not be enough individuals remaining in the

caves for the species to reproduce and survive

of a few individuals may be significant to the species' survival. The

species being extant in only three cave systems within a relatively

small geographic area, it is conceivable that a heavy spring snowmelt

or rainstorm could cause a flushing of all three systems at one time.

As a consequence, there may not be enough individuals remaining in the

caves for the species to reproduce and survive.

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 propose this rule.

Based on this evaluation, the preferred action is to list the Illinois

cave amphipod as endangered.

Critical Habitat

Critical habitat is defined in section 3 of the Act as: (i) The

specific areas within the geographical area occupied by a species, at

the time it is listed in accordance with the Act, on which are found

those physical or biological features (I) essential to the conservation

of the species and (II) that may require special management

considerations or protection and; (ii) specific areas outside the

geographical area occupied by a species at the time it is listed, upon

a determination that such areas are essential for the conservation of

the species. ``Conservation'' means the use of all methods and

procedures needed to bring the species to the point at which listing

under the Act is no longer necessary.

Section 4(a)(3) of the Act and implementing regulations (50 CFR

424.12) require that, to the maximum extent prudent and determinable,

the Secretary designate critical habitat at the time the species is

determined to be endangered or threatened. The Service finds that

designation of critical habitat is not prudent for the Illinois cave

amphipod at this time

der the Act is no longer necessary.

Section 4(a)(3) of the Act and implementing regulations (50 CFR

424.12) require that, to the maximum extent prudent and determinable,

the Secretary designate critical habitat at the time the species is

determined to be endangered or threatened. The Service finds that

designation of critical habitat is not prudent for the Illinois cave

amphipod at this time. Service 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 human activity, and 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 believes critical habitat is not prudent for the

Illinois cave amphipod because both of the situations described above

are believed to exist. The nature of karst terrain means that surface

features such as sinkholes, fissures, and disappearing streams provide

a direct connection to the cave streams inhabited by the amphipod.

Publishing a critical habitat map would delineate the recharge areas of

the three caves. The Service believes such a map would make it easy to

locate the sinkhole accesses to the cave streams and could promote

vandalism in the form of intentional introduction of toxic chemicals

into the underground system. Listing the Illinois cave amphipod as an

endangered species publicizes the present vulnerability of this

species, and, thus can be reasonably expected to increase the threat of

vandalism or intentional destruction of the species habitat

the sinkhole accesses to the cave streams and could promote

vandalism in the form of intentional introduction of toxic chemicals

into the underground system. Listing the Illinois cave amphipod as an

endangered species publicizes the present vulnerability of this

species, and, thus can be reasonably expected to increase the threat of

vandalism or intentional destruction of the species habitat. In light

of the great vulnerability of this species to vandalism or the

intentional destruction of its habitat, publication of maps providing

its precise locations within increasing developing areas and

descriptions of critical habitat, as required for the designation of

critical habitat, would reasonably be expected to increase the degree

of threats to the species, increase

the difficulties of enforcement, and further contribute to the decline

of the Illinois cave amphipod.

In addition, designation of critical habitat would not provide

significant benefits to the species or its habitat over and above those

benefits which are already available through a section 7 jeopardy

finding made during consultation with other Federal agencies.

Consultation is likely to occur with the U.S. Department of

Agriculture's Natural Resource Conservation Service (NRCS) and with the

EPA for programs administered by those agencies. For a species such as

this, extant in only three small, discrete populations, any significant

adverse impact to its habitat would likely jeopardize the species'

continued existence. Therefore, for this species the threshold for a

jeopardy determination is indistinguishable from the threshold for

determining adverse modification of critical habitat.

Critical habitat designation has no legal effect on private actions

that do not require consultation by a Federal agency under section 7 of

the Act

pact to its habitat would likely jeopardize the species'

continued existence. Therefore, for this species the threshold for a

jeopardy determination is indistinguishable from the threshold for

determining adverse modification of critical habitat.

Critical habitat designation has no legal effect on private actions

that do not require consultation by a Federal agency under section 7 of

the Act. Therefore, because there are no significant benefits that will

accrue from critical habitat designation, and because such a

designation would present significant additional risks to the species,

the Service determines that designation of critical habitat would not

benefit the Illinois cave amphipod.

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)(4) of the Act requires Federal agencies to confer

informally 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

any is being designated. Regulations implementing this interagency

cooperation provision of the Act are codified at 50 CFR part 402.

Section 7(a)(4) of the Act requires Federal agencies to confer

informally 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

listed subsequently, 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 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.

Federal agency actions that may require conference and/or

consultation as described in the preceding paragraph include activities

by the NRCS such as the Conservation Reserve Program, the Environmental

Quality Incentive Program, and the Highly Erodible Land and Wetland

Conservation provisions of the Food Security Act of 1985. These

activities will generally benefit the species through the protection of

groundwater quality. In addition, conference and/or consultation may be

required with the EPA on the use of pesticides in the watersheds of the

species range.

The Act and implementing regulations set forth a series of general

prohibitions and exceptions that apply to all endangered wildlife. The

prohibitions codified at 50 CFR 17.21, 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, or

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

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

offer for sale in interstate or foreign commerce, any listed species

ons codified at 50 CFR 17.21, 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, or

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

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

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

It also is 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.

It is the policy of the Service (59 FR 34272; July 1, 1994) to

identify to the maximum extent practicable at the time a species is

listed those activities that would or would not constitute a violation

of section 9 of the Act. The intent of this policy is to increase

public awareness of the effect of the listing on proposed and ongoing

activities within a species' range. Activities that the Service

believes could potentially harm or kill the Illinois cave amphipod and

result in take include, but are not limited to:

(1) Unauthorized use, application or discharge of agrichemicals, or

other pollutants, particularly insecticides, onto plants, soil, ground,

water or other surfaces within the recharge areas of the species range

that is likely to result in the deterioration of cave water quality and

harm to the species. Use of such chemicals in violation of label

directions, or any use following Service notification that such use,

application or discharge is likely to harm the species, would be

evidence of unauthorized use, application or discharge. A buffer zone

identifying the area of greatest concern within the caves recharge area

will be identified by the Service to indicate areas of special

sensitivity for the Illinois cave amphipod.

on of label

directions, or any use following Service notification that such use,

application or discharge is likely to harm the species, would be

evidence of unauthorized use, application or discharge. A buffer zone

identifying the area of greatest concern within the caves recharge area

will be identified by the Service to indicate areas of special

sensitivity for the Illinois cave amphipod.

(2) Discharging of agrichemicals or other pollutants including

debris, garbage, trash, septic effluent or any other foreign material

into sinkholes or fissures in the recharge areas of the species range.

(3) Unauthorized construction, installation of new private septic

systems or any identified improper use, maintenance or servicing of

existing private septic systems in the recharge areas of the species'

range, if such unauthorized construction, installation or identified

use, maintenance or servicing is likely to result in the contamination

or degradation of cave stream water quality and harm to the species.

Illegal or improper construction, installation of new systems or any

improper use, maintenance or servicing of existing systems, following

Service notification that such activities and the location of such

activities within the caves recharge area are likely to harm the

species and the expiration of a reasonable time to correct or mitigate

against such system deficiencies, would be evidence of unauthorized

construction, installation or improper use, maintenance or servicing.

(4) Impoundment, water diversion, draining, ditching or discharging

of fill material in wetlands, sinkhole lakes and ponds, sinkholes,

fissures, and reduction or loss of streams within recharge areas of the

species range if such activities adversely affect the supply and

quality of water in the cave streams wherein the species is found.

installation or improper use, maintenance or servicing.

(4) Impoundment, water diversion, draining, ditching or discharging

of fill material in wetlands, sinkhole lakes and ponds, sinkholes,

fissures, and reduction or loss of streams within recharge areas of the

species range if such activities adversely affect the supply and

quality of water in the cave streams wherein the species is found.

(5) Unauthorized visitation or use of Illinois Caverns and other

caves identified as containing this species if such visitation or use

is identified as likely to cause impacts to stream habitat and result

in harm to the species. Visitation or use of Illinois Caverns and other

caves containing the species, following Service notification that such

visitation or use is likely to harm the species, would be evidence of

unauthorized visitation or use.

The Service believes, based on the best available information, that

the

following actions will not result in a violation of section 9:

(1) Use of fertilizers and pesticides on residential (non-

agricultural) properties within the recharge areas of the species

range.

(2) Construction and use of properly constructed and well

functioning sewer systems within the species range.

(3) Visitation of Fogelpole Cave by permitted individuals.

Permits may be issued to carry out otherwise prohibited activities

involving endangered wildlife under certain circumstances. Regulations

governing permits are at 50 CFR 17.22, 17.23, and 17.32. For endangered

species 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.

Public Comments Solicited

out otherwise prohibited activities

involving endangered wildlife under certain circumstances. Regulations

governing permits are at 50 CFR 17.22, 17.23, and 17.32. For endangered

species 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.

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 sought concerning:

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

any threat (or lack thereof) to this species;

(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 species;

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

possible impacts on this species.

Final promulgation of the regulation(s) on this species 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 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 in the Federal Register. Such requests must

be made in writing and addressed to Field Supervisor, U.S. Fish and

Wildlife Service, Ecological Services Field Office, 4469 48th Avenue

Court, Rock Island, Illinois.

National Environmental Policy Act

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 in the Federal Register. Such requests must

be made in writing and addressed to Field Supervisor, U.S. Fish and

Wildlife Service, Ecological Services Field Office, 4469 48th Avenue

Court, Rock Island, Illinois.

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment, 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 Act. A notice

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

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

Required Determinations

The Service has examined this regulation under the Paperwork

Reduction Act of 1995 and found it to contain no information collection

requirements.

References Cited

Aley, Thomas and K.C. Thomson. 1984. Septic fields and the

protection of groundwater quality in Greene County, Missouri. Ozark

Underground Laboratory. Springfield, MO. Pages 31-46.

Holsinger, John R. 1972. The freshwater amphipod crustaceans

(Gammaridae) of North America. In: U.S. Envir. Protect. Agency

Identification Manual No. 5., pages 17-27. Washington, D.C.

Hubricht, Leslie and J.G. Mackin. 1940. Descriptions of nine new

species of fresh-water amphipod crustaceans with notes and new

localities for other species. In: The Am. Midl. Nat. 23:192-193, and

Fig. 2.

Illinois Administrative Code, part 17, Section 1075.

Libra, R.D., G.R. Hallberg, B.E. Hoyer, and L.G. Johnson. 1986.

Agricultural impacts on ground water quality: The Big Spring basin

study, Iowa--agricultural impacts on ground water (Omaha, NE). Pages

253-273. In: Proceedings, National Water Well Association, Dublin,

OH.

Macek, K.J., K.S. Buxton, S. Sauter, S. Gnilka, and J.W. Dean. 1976.

Chronic toxicity of atrazine to selected aquatic invertebrates and

fishes

allberg, B.E. Hoyer, and L.G. Johnson. 1986.

Agricultural impacts on ground water quality: The Big Spring basin

study, Iowa--agricultural impacts on ground water (Omaha, NE). Pages

253-273. In: Proceedings, National Water Well Association, Dublin,

OH.

Macek, K.J., K.S. Buxton, S. Sauter, S. Gnilka, and J.W. Dean. 1976.

Chronic toxicity of atrazine to selected aquatic invertebrates and

fishes. EPA-600/3-76-047. Environmental Research Laboratory--Duluth,

U.S. Envir. Protect. Agency, Duluth, MN. As reported in: Pesticide

background statements, Volume 1 Herbicides. U.S. Forest Service.

1984. Agriculture Handbook #633. Washington, D.C.

Mayer, Foster L. Jr. and M.R. Ellersieck. 1986. Manual of acute

toxicity: interpretation and data base for 410 chemicals and 66

species of freshwater animals. U.S. Dept. of the Int., Fish and

Wildlife Service. Washington, D.C. 506 pp.

Panno, S.V., I.G. Krapac, C.P. Weibel, and J.D. Bade. 1996.

Groundwater contamination in karst terrain of southwestern Illinois.

Illinois State Geological Survey Environmental Geology Series Report

151. Champaign, IL. 43 pp.

Poulson, T.L. 1991. Assessing groundwater quality in caves using

indices of biological integrity. Pages 495-511. In: Proceedings of

the Third Conference on Hydrology, Ecology, Monitoring and

Management of Groundwater in Karst Terrains. December, 1991.

Nashville, TN.

Quinlan, J.F. and E.C. Alexander. 1987. How often should samples be

taken at relevant locations for reliable monitoring of pollutants

from an agricultural, waste disposal, or spill site in a karst

terrain? A first approximation. Pages 277-286. In: B.F. Beck and

W.L. Wilson (eds.) Karst Hydro-geology: Engineering and

Environmental Applications. Proceedings of the Second

Multidisciplinary Conference on Sinkholes and the Environmental

Impacts of Karst, Orlando, FL. 429 pp.

Webb, D.W., S.J. Taylor, and J.K. Krejca. 1993. The biological

resources of Illinois caves and other subterranean environments

A first approximation. Pages 277-286. In: B.F. Beck and

W.L. Wilson (eds.) Karst Hydro-geology: Engineering and

Environmental Applications. Proceedings of the Second

Multidisciplinary Conference on Sinkholes and the Environmental

Impacts of Karst, Orlando, FL. 429 pp.

Webb, D.W., S.J. Taylor, and J.K. Krejca. 1993. The biological

resources of Illinois caves and other subterranean environments.

Technical Report 1993(8), Center for Biodiversity, Illinois Natural

History Survey, Champaign, IL.

Webb, D.W. 1995. Status report on the cave amphipod Gammarus

acherondytes Hubricht and Mackin (Crustacea: Amphipoda) in Illinois.

Technical Report 1995 (22). Illinois Natural History Survey Center

for Biodiversity, Champaign, IL. 22 pp.

Author: The primary author of this proposed rule is Gerald Bade,

U.S. Fish and Wildlife Service, 4469 48th Avenue Court, Rock Island,

Illinois 61201.

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

Accordingly the Service hereby proposes to amend part 17,

subchapter B of chapter I, title 50 of the Code of Federal Regulation,

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 Crustaceans to the list of Endangered and

Threatened Wildlife:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

hority 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 Crustaceans to the list of Endangered and

Threatened Wildlife:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

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

Species Vertebrate

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

where Critical Special

Historic range endangered Status When listed habitat rules

Common name Scientific name or

threatened

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

* * * * * * *

Crustaceans

* * * * * * *

Amphipod, Illinois cave............ Gammarus acherondytes. U.S.A. (IL).......... NA E ........... NA NA

* * * * * * *

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

Dated: July 10, 1997.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 97-19763 Filed 7-25-97; 8:45 am]

BILLING CODE 4310-55-P