2011 Federal Register, 76 FR 42654; Centralized Library: U.S. Fish and Wildlife Service - Federal Register, Volume 76 Issue 138 (Tuesday, July 19, 2011)

[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Proposed Rules]
[Pages 42654-42658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17864]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2011-0044; MO 92210-0-0008-B2]

Endangered and Threatened Wildlife and Plants; Petition To List
Grand Canyon Cave Pseudoscorpion

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 12-month petition finding.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
12-month finding on a petition to list the Grand Canyon cave
pseudoscorpion (Archeolarca cavicola) as threatened or endangered with
critical habitat under the Endangered Species Act of 1973, as amended
(Act). After review of the best scientific and commercial information
available, we find that listing the Grand Canyon cave pseudoscorpion is
not warranted at this time. However, we ask the public to submit to us
any new information that becomes available concerning the threats to
the Grand Canyon cave pseudoscorpion or its habitat at any time.

DATES: The finding announced in this document was made on July 19,
2011.

ADDRESSES: This finding is available on the Internet at http://www.regulations.gov at Docket Number FWS-R2-ES-2011-0044. Supporting
documentation we used in preparing this finding is available for public
inspection, by appointment, during normal business hours by contacting
the U.S. Fish and Wildlife Service, Arizona Ecological Services Field
Office, 2321 W. Royal Palm Road, Suite 103, Phoenix, AZ 85021;
telephone (602) 242-0210; facsimile (602) 242-2513. If you use a
telecommunications device for the deaf (TDD), please call the Federal
Information Relay Service (FIRS) at (800) 877-8339. Please submit any
new information, comments, or questions concerning this finding to the
above address.

FOR FURTHER INFORMATION CONTACT: Steve Spangle, Field Supervisor, U.S.
Fish and Wildlife Service, Arizona Ecological Services Field Office,
2321 W. Royal Palm Road, Suite 103, Phoenix, AZ 85021; telephone (602)
242-0210; facsimile (602) 242-2513. If you use a telecommunications
device for the deaf (TDD), please call the Federal Information Relay
Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(B) of the Endangered Species Act of 1973, as
amended (Act) (16 U.S.C. 1531 et seq.), requires that, for any petition
containing substantial scientific or commercial information indicating
that listing the species may be warranted, we make a finding within 12
months of the date of receipt of the petition. In this finding we
determine that the petitioned action is: (a) Not warranted, (b)
warranted, or (c) warranted, but immediate proposal of a regulation
implementing the petitioned action is precluded by other pending
proposals to determine whether species are threatened or endangered,
and expeditious progress is being made to add or remove qualified
species from the Lists of Endangered and Threatened Wildlife and
Plants. Section 4(b)(3)(C) of the Act requires that we treat a petition
for which the requested action is found to be warranted but precluded
as though resubmitted on the date of such finding, that is, requiring a
subsequent finding to be made within 12 months. We must publish these
12-month findings in the Federal Register.

Previous Federal Actions

The Grand Canyon cave pseudoscorpion was formerly a candidate 2
species, a taxon for which information in our possession indicated that
proposing to list was possibly appropriate, but for which persuasive
data on biological vulnerability and threats were not available to
support a proposed listing rule (54 FR 554; January 6, 1989). The
designation of candidate 2 species was discontinued in

[[Page 42655]]

1996; therefore, the species has no candidate status.
On June 25, 2007, we received a formal petition dated June 18,
2007, from Forest Guardians (now WildEarth Guardians), requesting that
we do the following: (1) Consider all full species in our Southwest
Region ranked as G1 or G1G2 by the organization NatureServe for
listing, except those that are currently listed, proposed for listing,
or candidates; and (2) list each species under the Act as either
endangered or threatened with critical habitat. The petitioners
presented two tables that collectively listed 475 species for
consideration and requested that the Service incorporate all analyses,
references, and documentation provided by NatureServe in its online
database http://www.natureserve.org/ into the petition. The petition
clearly identified itself as a petition and included the appropriate
identification information, as required in 50 CFR 424.14(a). We
acknowledged the receipt of the petition in a letter to WildEarth
Guardians dated July 11, 2007.
On December 16, 2009, we made a 90-day finding that the petition
presented substantial scientific information indicating that listing 67
of the 475 species may be warranted; the Grand Canyon cave
pseudoscorpion (incorrectly referenced as the Grand Canyon cave
scorpion) was in that group of 67 species. Based on the evaluation of
the information provided in the petition, we determined that the
petition presented substantial information to indicate that listing the
Grand Canyon cave pseudoscorpion may be warranted due to the present or
threatened destruction, modification, or curtailment of its habitat or
range resulting from groundwater pollution and recreational impacts,
and to the inadequacy of existing regulatory mechanisms resulting from
unregulated visitation. The 90-day finding and our initiation of a
status review was published in the Federal Register on December 16,
2009 (74 FR 66866). This notice constitutes the 12-month finding on the
June 18, 2007, petition to list the Grand Canyon cave pseudoscorpion as
threatened or endangered.

Species Information

Species Description

In 1978 W. Calvin Welbourn collected one female specimen of the
Grand Canyon cave pseudoscorpion (Class Arachnida, Order
Pseudoscorpionida, Family Garypidae) in Grand Canyon National Park's
Cave of the Domes. This specimen was first described by Muchmore (1981,
p. 55). Welbourn's unpublished report (1978, p. 40) stated that the
specimen was an undescribed troglophile. A troglophile is a species
that can spend its entire life within caves, does not exhibit
adaptations for living in caves, but can also be found in suitable
habitats outside of caves, such as mines or animal burrows. This is in
comparison to troglobites, which are species that are found exclusively
in caves and have developed adaptations for cave life, such as
heightened sense of hearing, touch, and smell. The Grand Canyon cave
pseudoscorpion was recognized within the genus Archeolarca and was
given the species name cavicola in recognition of its subterranean
habitat where it was collected by Welbourn (1981, p. 55). The specimen
collected in 1978 is the only one known to exist. No other individuals
are known to have been collected since 1978, although very little
effort has been made to collect this or other species in the genus
(Service 1991, p. 3).
Pseudoscorpions are tiny arachnids bearing large chelae, or claws,
but lacking a telson, or stinger, that true scorpions possess. The
specimen of Grand Canyon cave pseudoscorpion, when compared to other
species of pseudoscorpions, such as Archeolarca welbourni and
Archeolarca guadalupensis, was considered large (0.12 inches (in) or
3.03 millimeters (mm)), had longer appendages, more reduced posterior
eyes, and fewer setae (stiff bristles present on the body) on its upper
dorsal section (Muchmore 1981, p. 56). Muchmore (1981, pp. 52-56)
described three new species of Archeolarca, and concluded that the
Grand Canyon cave pseudoscorpion showed the greatest overall adaption
to the cave environment. Welbourn (1978, p. 40) noted that the specimen
appeared to be similar to the pseudoscorpions from earth cracks in
Wupatki National Mountain, Arizona, approximately 75 miles (121
kilometers (km)) south of Grand Canyon National Park. Other species in
the genus Archeolarca have been reported in California, Utah, Texas,
and Oregon (Muchmore 1981, p. 56; Peck 1998, p. 23).

Distribution

The Cave of the Domes in Grand Canyon National Park is currently
the only known location for the Grand Canyon cave pseudoscorpion.
Welbourn (1978, pp. 36-41) conducted a regional study of cave fauna on
Horseshoe Mesa of the Grand Canyon from 1977 to 1978. Eight caves were
examined including Babylon Cave, Crystal Forest Cave, Land's End Cave,
Middle Cave, Scorpion Cave, Tse An Cho Cave, Tuning Fork Cave, and Cave
of the Domes. All caves except Land's End Cave and Scorpion Cave were
visited twice. On each visit, Welbourn (1978, p. 36) describes
examining the walls, ceilings, and floors for animals and
invertebrates. He identified 12 invertebrates from the 8 caves. The
Grand Canyon cave pseudoscorpion was found only in the Cave of the
Domes (Welbourn 1978, pp. 38-41).
Wynne et al. (2008a, pp. 235-246) summarized all published and
unpublished literature on cave-dwelling invertebrates within Grand
Canyon National Park, as well as cave trip reports on file at Grand
Canyon National Park Museum Collections. The literature review examined
9 studies conducted between 1975 and 2001 representing surveys of 15
caves in Grand Canyon National Park. Wynne et al. (2008a, pp. 237-238)
reported 37 cave-dwelling invertebrates with the Grand Canyon cave
pseudoscorpion referenced only in the Cave of the Domes. This species
may possibly be endemic to Cave of the Domes. In fact, a study of
patterns of endemism of eastern North American cave fauna reported that
within the Pseudoscorpionida is a high level of single-cave endemism
compared to other cave taxa (Christman et al. 2005, pp. 1444, 1447).
However, cave biological research in Grand Canyon National Park is
quite limited (Wynne 2010, pers. comm.; Drost 2010, pers. comm.) and
more invertebrate surveys need to be conducted before we can conclude
that the Grand Canyon cave pseudoscorpion is endemic to the Cave of the
Domes. Further, because many cave-dwelling organisms are hard to find,
cave inventories cannot be considered complete without intensive
invertebrate trapping, baiting of the entity, and multiple site visits
(Wynne 2010, pers. comm.). We cannot describe the distribution based on
a single specimen; therefore, we are not able to determine the
distribution of the Grand Canyon cave pseudoscorpion.

Habitat and Biology

Most species of pseudoscorpions occur in tropical and subtropical
areas throughout the world, although pseudoscorpions can also be found
in temperate zones (Weygoldt 1969, pg. 108). They are found in a great
variety of habitats, but one essential feature appears to be the
presence of small crevices where they can retreat. All pseudoscorpion
species spend most of their lives within these crevices and seldom
appear on open ground. These small crevices can be found in rocks, tree
bark, leaf litter, nests of birds and other small mammals, and
buildings.

[[Page 42656]]

Another important habitat factor is humidity; most pseudoscorpions
prefer high humidity, although some species are found in arid
conditions, such as deserts (Weygoldt 1969, pp. 108-111).
There are few studies on the ecology and habitat preferences of
specific species of pseudoscorpions. We have no specific information
about the habitat and biology of the Grand Canyon cave pseudoscorpion
because the species is known from only one specimen. Accordingly, we
can only speculate about their habitat requirements and biology based
on the scant general information known about pseudoscorpions.
Welbourn (1978, p. 37) observed that the single most important
limiting factor for the cave fauna on Horseshoe Mesa, which includes
Cave of the Domes, was the lack of moisture. Welbourn (1978, p. 37)
reported that most of the caves surveyed were dry and dusty with low
relative humidity, and that most of the caves examined, including Cave
of the Domes, received moisture from rainfall that percolates through
the limestone above. Welbourn (1978, p. 40) reported collecting the
species ``in the Cross passage of Cave of the Domes in some organic
material (grass).'' According to the Grand Canyon National Park's
hydrologist, the Cave of the Domes is considered to be a dry cave with
no discharge or pools, but that the Cave of the Domes has some small
ephemeral drip zones (Rice 2010, pers. comm.). We do not know if the
location where the Grand Canyon cave pseudoscorpion was found was
optimal habitat or an accidental find, but if pseudoscorpions prefer
humid locations, this location may not represent optimal habitat.
Some species of pseudoscorpions are known to be phoretic (use
another species for transportation) on other arthropods such as flies,
beetles, and wasps. Pseudoscorpions will attach themselves (not as
parasites) to the legs and appendages of the adult arthropod, which
permits them to ``hitchhike.'' According to Poinar et al. (1998, p.
79), the principal benefit of pseudoscorpion phoresy is dispersal; that
is, to reach a new habitat with an adequate supply of food. We can only
speculate on the presence of the one specimen of Grand Canyon cave
pseudoscorpion in Cave of the Domes, but perhaps it was carried there
and deposited by an arthropod.
The Park Service's biological report (Hill et al. 1998, pg. 16)
from Cave of the Domes indicated that packrat middens (nests) were
observed inside Cave of the Domes. The report stated that a packrat
midden was found ``in the second room of the cave''. Pseudoscorpions
are often present in rodent nests (Francke and Villegas-Guzm[aacute]n
2006, p. 289). Muchmore (1991, pers. comm.) stated that the genus
Archeolarca does not usually inhabit caves but rather is found in
packrat nests, although packrat middens are sometimes found in caves.
Francke and Villegas-Guzm[aacute]n (2006, p. 297) conclude that
pseudoscorpions most likely coexist with a particular rodent species in
a mutualistic association (a relationship between two species where
both species derive benefits) in which pseudoscorpions feed on adult
and larval fleas, which reduces the parasite load within the host nest.
The benefits to the pseudoscorpion include the host nest providing
suitable microclimate, especially in semiarid regions, as well as food
(i.e., mites, fleas, flies and their larvae). It is possible that this
species may be associated with packrat middens or other small mammal
nests within Cave of the Domes, but we cannot draw that conclusion
based on one specimen.
In summary, we lack sufficient information on the species to reach
conclusions about the biology or the habitat needs of the Grand Canyon
cave pseudoscorpion. This is primarily because we know of only one
specimen, and we cannot make scientifically sound conclusions regarding
habitat characteristics and biology based on a single specimen.

Factors Affecting the Grand Canyon Cave Pseudoscorpion

Section 4 of the Act (16 U.S.C. 1533) and implementing regulations
(50 CFR part 424) set forth procedures for adding species to, removing
species from, or reclassifying species on the Federal Lists of
Endangered and Threatened Wildlife and Plants. Under section 4(a)(1) of
the Act, a species may be determined to be endangered or threatened
based on any of the following five factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
In making this finding, information pertaining to the Grand Canyon
cave pseudoscorpion in relation to the five factors provided in section
4(a)(1) of the Act is discussed below.

Factor A. The Present or Threatened Destruction, Modification, or
Curtailment of Its Habitat or Range

The Arizona Game and Fish Department (2003, p. 2) stated that a
threat to the Grand Canyon cave pseudoscorpion was groundwater
pollution. Our previous discussion in the Habitat and Biology section
indicates that Cave of the Domes, where the species was collected, is
considered dry and has very little ephemeral water (i.e., small drip
zones). Further, the specimen was found associated with dry, organic
material (grass) in Cave of the Domes. This description of the site
where the Grand Canyon cave pseudoscorpion was collected seems unlikely
to be affected by groundwater pollution because it is relatively dry,
and based on a single specimen we are unable to determine the type of
cave habitat associated with this species. Additionally, we have no
specific information regarding the presence or introduction of
contaminants or pollutants in water sources on Horseshoe Mesa, which
could percolate into the Cave of the Domes. Therefore, we are unable to
determine if groundwater pollution is a threat.
Cave of the Domes is the only cave in Grand Canyon National Park
for which visitation is allowed. It is unknown whether recreation is
modifying or destroying the Grand Canyon cave pseudoscorpion's habitat.
A report from the Grand Canyon National Park (Western Speleological
Institute 1954, pp. 1-2) stated that the cave has been badly vandalized
and floor deposits have been marred by trampling. However, it is
unknown if this damage affects the pseudoscorpion's habitat because
that habitat is unknown. We note that vandalism and trampling have been
identified as potential threats to other pseudoscorpion species, such
as the Empire cave pseudoscorpion (Microcreagris imperialis) (Muchmore
and Cokendolpher 1995, pp. 174-175) and the Tooth cave pseudoscorpion
(Tartarocreagris texana) (Service 1994, pp. 62-63). If the Grand Canyon
cave pseudoscorpion occupies packrat middens, as do other
pseudoscorpions in the genus Archeolarca, then recreational foot
traffic may be a discountable impact; however, we are lacking
sufficient information on the habitat for this species. As such, we are
unable to determine if recreational activity is affecting the Grand
Canyon cave pseudoscorpion or its habitat.
In summary, given the paucity of biological information regarding
the Grand Canyon cave pseudoscorpion and its habitat, we cannot
determine or

[[Page 42657]]

conclude that habitat degradation due to groundwater pollution or
recreational activities in the Cave of the Domes is a threat to the
species now or in the foreseeable future.

Factor B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes

Any commercial, recreational, scientific, or educational collection
activities, including the collection of pseudoscorpions, would require
a permit by the National Park Service. Because of this regulation,
there is no data suggesting that overutilization for commercial,
recreational, scientific, or educational purposes pose a threat to the
species. There are no known commercial or recreational uses for Grand
Canyon cave pseudoscorpions. Therefore, we find that the Grand Canyon
cave pseudoscorpion is not threatened by overutilization now or in the
foreseeable future.

Factor C. Disease or Predation

We have no information to indicate that the Grand Canyon cave
pseudoscorpion is subject to disease or predation. We have not
encountered any information that indicates the contrary; however, in
the absence of evidence that this factor may constitute a threat to the
species, we cannot determine or conclude that the Grand Canyon cave
pseudoscorpion is threatened by disease or predation now or in the
foreseeable future.

Factor D. The Inadequacy of Existing Regulatory Mechanisms

Under the current National Park Service policy, all caves in Grand
Canyon National Park are closed to visitation by recreational users
except for the Cave of the Domes. The Park Service has the authority,
under the Federal Cave Resources Protection Act of 1988, to close areas
to visitors if there is significant degradation of a resource or the
threat of degradation or damage. On Park Service lands, all caves are
deemed ``significant,'' and the Park Service protects the caves,
including biological, cultural, and paleontological resources within
the caves. The decision to regulate visitors or close the cave to
recreational use is made by the Park Superintendent with supporting
documentation from resource managers. Official criteria for determining
recreational access to Grand Canyon National Park caves has not been
established, but the initiation of a Cave Management Plan is planned.
Cave of the Domes is located beneath Horseshoe Mesa and is well
known to hikers and cavers. The Web site http://www.birdandhike.com
provides a detailed overview of the cave, including photos and
directions to the trailhead and to the mouth of the cave. The Web site
http://www.kaibab.org also provides information about Cave of the Domes
and states that many formations have been damaged by careless
individuals and asks visitors to treat the cave with respect. As stated
above, we lack data to assess the effect of recreation on the
petitioned species. Therefore, due to the lack of information regarding
impacts of recreational visitors and the Park Service's ability to
close the area if additional information comes to light, we find that
the Grand Canyon cave pseudoscorpion is not threatened by inadequacy of
regulatory mechanisms now or in the foreseeable future.

Factor E. Other Natural or Manmade Factors Affecting Its Continued
Existence

Model predictions are that temperatures in the Southwestern United
States will continue to increase, with extreme weather events (such as
heat waves, drought, and flooding) occurring with more frequency due to
global climate change (Archer and Predick 2008, p. 24). It is unknown
how cave-adapted taxa will respond to global climate change. Baseline
information on ecosystem structure and community structure is lacking
for many caves, and we do not know how cave-dwelling species will
respond to rising temperatures. Different layers of a cave may be
affected differently, depending on their depth. (Wynne et al. 2008b, p.
241). There will most likely be a lag effect; caves with shallow
vertical depth are predicted to have a more immediate response than
caves with deeper vertical depth (Wynne 2010, pers. comm.). We have no
information on the geophysical properties of Cave of the Domes.
Researchers are currently attempting to understand the geophysical
properties of caves as they relate to cave depth, the potential effects
of rising surface temperatures on cave temperatures, and how the
physiological requirements of cave-dwelling and cave-adapted species
are affected by climate change (Drost 2010, pers. comm.). Based on the
best available information, we cannot determine or conclude that
climate change is a threat to the Grand Canyon cave pseudoscorpion now
or in the foreseeable future.

Finding

As required by the Act, we considered the five factors in assessing
whether the Grand Canyon cave pseudoscorpion is threatened or
endangered throughout all or a significant portion of its range. We
examined the best scientific and commercial information available
regarding the past, present, and future threats faced by the Grand
Canyon cave pseudoscorpion. We reviewed the petition, information
available in our files, other available published and unpublished
information, and we consulted with recognized invertebrate experts and
the Grand Canyon National Park biologist and hydrologist.
In considering what factors might constitute threats, we must look
beyond the mere exposure of the species to the factor to determine
whether the species responds to the factor in a way that causes actual
impacts to the species. If there is exposure to a factor, but no
response, or only a positive response, that factor is not a threat. If
there is exposure and the species responds negatively, the factor may
be a threat and we then attempt to determine how significant a threat
it is. If the threat is significant, it may drive or contribute to the
risk of extinction of the species such that the species warrants
listing as threatened or endangered as those terms are defined by the
Act. This does not necessarily require empirical proof of a threat. The
combination of exposure and some corroborating evidence of how the
species is likely impacted could suffice. The mere identification of
factors that could impact a species negatively is not sufficient to
compel a finding that listing is appropriate; we require evidence that
these factors are operative threats that act on the species to the
point that the species meets the definition of threatened or endangered
under the Act.
Based on our review of the best available scientific and commercial
information pertaining to the five factors, we found no evidence to
indicate that there are threats to the species or its habitat, from any
of the five factors. For this reason, we conclude that the Grand Canyon
cave pseudoscorpion does not meet the definition of a threatened or
endangered species and are, therefore, recommending a finding of ``not
warranted.''
We request that you submit any new information concerning the
distribution and status of, or threats to, the Grand Canyon cave
pseudoscorpion to our U.S. Fish and Wildlife Service Office (see
ADDRESSES) whenever it becomes available. New information will help us
monitor the Grand Canyon cave pseudoscorpion and encourage its
conservation. If an emergency situation develops for the Grand Canyon
cave pseudoscorpion or any other species, we will act to provide
immediate protection.

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References Cited

A complete list of references cited is available on the Internet at
http://www.regulations.gov and upon request from the U.S. Fish and
Wildlife Service, Arizona Ecological Services Field Office (see
ADDRESSES).

Author(s)

The primary authors of this finding are the staff members of the
Arizona Ecological Services Field Office.

Authority: The authority for this section is section 4 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

Dated: June 21, 2011.
Rowan W. Gould,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2011-17864 Filed 7-18-11; 8:45 am]
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