DEPARTMENT OF THE INTERIOR (DOI) 
  United States Fish and Wildlife Service (FWS) 
50 CFR Part 17 
Emergency rule: Endangered and Threatened Wildlife and Plants; 
Emergency Rule to List the Kanab Ambersnail as Endangered / 
RIN 1018-AB67. 
Expiration Date: 04/03/91 
Effective Date: 08/08/91 
*Rules and Regulations* 
(FEDREGISTER 56 FR 37668 08/08/91; 460 lines.) 
Item Key: 19311 
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 

DEPARTMENT OF THE INTERIOR 
  
Fish and Wildlife Service 
  
50 CFR Part 17 
  
RIN 1018-AB67 
  
Endangered and Threatened Wildlife and Plants; Emergency Rule to 
List the Kanab Ambersnail as Endangered 
  
AGENCY: Fish and Wildlife Service, Interior. 
  
ACTION: Emergency rule. 
  
SUMMARY: The U.S. Fish and Wildlife Service (Service) exercises its 
emergency authority to determine the Kanab ambersnail (Oxyloma 
haydeni ssp. kanabensis) to be an endangered species pursuant to the 
Endangered Species Act of 1973 (Act), as amended. Only two 
populations of this snail are known to exist, both on wetlands on 
private lands in Kane County, Utah. A status survey completed in 1991 
discovered that one population is nearly extirpated, while the other 
population has been subjected to major habitat alteration and 
destruction. Both populations are exceptionally vulnerable to 
extinction from natural or human-caused events. Immediate listing 
would trigger the protections in sections 7 and 9 of the Act, and 
allow the Service to begin pursuing land acquisition. The Service 
finds that good cause exists to make this emergency rule effective 
upon publication. The emergency rule will implement Federal 
protection for 240 days. A proposed rule to list the Kanab ambersnail 
as endangered will follow this emergency rulemaking, and will allow 
for public comment. 
  
DATES: This emergency determination is effective on August 8, 1991, 
and expires on April 3, 1992. 
  
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, Salt Lake City Fish and Wildlife 
Enhancement Field Office, 2078 Administration Building, 1745 West 
1700 South, Salt Lake City, Utah 84104. 
  
FOR FURTHER INFORMATION CONTACT: Clark D. Johnson at the above 
address, telephone 801/524-4430 or FTS 588-4430. 
  
SUPPLEMENTARY INFORMATION: 
  
Background 
  
  The Kanab ambersnail is a terrestrial snail in the family 
Succineidae. It has a mottled grayish-amber to yellowish-amber 
colored shell. The shell is dextral, thin-walled, with an elevated 
spire and a broad, patulous (expanded) aperture. Fully mature 
individuals are about 14 to 19 mm ( 1/2  to  3/4  inch) long, 7 to 9 
mm ( 1/4  to  1/3  inch) in diameter, with 3 1/4  to 3 3/4  whorls in 
a drawn out spire. Its eyes are borne at the ends of long 
peduncles (stalks), while the tentacles are reduced to small 
protuberances at the base of the eye stalks (Pilsbry 1948, Clarke 
1991). 
  
  Specimens of the Kanab ambersnail were first collected in 1909 by 
James Ferriss from " `The Greens,' 6 miles above Kanab, on Kanab 
Wash, on a wet ledge among moss and cypripediums" (Ferriss 1910, 
Pilsbry 1948). These specimens were originally placed in the species 
Succinea hawkinsi (Ferriss 1910, Chamberlin and Jones 1929). Henry 
Pilsbry (1948) transferred these specimens to the genus Oxyloma and 
erected the subspecies kanabensis in the species haydeni for them. 
Clarke (1991) notes that Pilsbry's decision to accord the Kanab 
ambersnail subspecific status was based on shell features alone, and 
that, as Pilsbry himself noted, its taxonomic status should be 
reevaluated. Clarke (1991) suggests that the Kanab ambersnail may 
deserve species status. For the purpose of this listing action, the 
Service will recognize this taxon at the subspecies level. If the 
Kanab ambersnail is later recognized as a species, this will not 
affect its designation as endangered. 
  
  The Kanab ambersnail lives in marshes watered by springs and seeps 
at the base of sandstone cliffs. It is absolutely associated with a 
perennially wet soil surface or shallow standing water. None were 
found in drier areas, even under logs or in other microhabitats 
commonly frequented by other land snails (Clarke 1991). 
  
  The presence of cattail (Typha domingensis), or at least the 
permanently wet ground which Typha indicates, is believed to be a 
critical component of the species habitat. It is most densely 
aggregated under fallen Typha stalks at the edges of thick Typha 
stands. The snails are also frequently seen just within the mouths of 
vole burrows. Typha may provide crucial vegetative cover for the 
snails. The American robin (Turdas migratorius) has been observed to 
feed on the Kanab ambersnail and may be the snail's principal natural 
predator (Clarke 1991). 
  
  The Kanab ambersnail is known from two populations about 2.1 
km (1.3 miles) apart. Both populations are on privately owned lands. 
Other likely sites in the area have been searched on foot by a 
knowledgeable local biologist (Mr. Blaine Lunceford) and during the 
recent status survey effort (Clarke 1991), but no other snail 
colonies were discovered. 
  
  The nearly extirpated population is located in a marsh at the foot 
of a cliff in Kanab Creek Canyon. The Kanab ambersnail was once 
common at this site. Though once larger, this habitat was discovered 
to have been reduced to a long narrow marsh measuring about 46 m (150 
feet) long and 15 cm (6 inches) wide in 1990. The marsh is watered by 
a seep, but had been partially dewatered by the installation of a 
ditch and drainpipe by the landowner to provide water for domestic 
livestock which graze in a field below. An intensive search of this 
habitat in 1990 revealed only three live snails (Clarke 1991). 
  
  The larger population is located in Three Lakes Canyon, a 
tributary drainage of Kanab Creek, about 10 km (6 miles) northwest of 
the town of Kanab, Utah. The Kanab ambersnail occurs throughout the 
marshes and wet meadows which surround the "Three Lakes" ponds, an 
area about 0.8 km (0.5 miles) long and up to 91 m (100 yards) wide. 
This population was estimated to have as many as 100,000 individuals 
in June 1990. Soon thereafter, a significant portion of this snail 
colony was destroyed by earth-moving equipment (Clarke 1991, U.S. 
Fish and Wildlife Service 1991). In February 1991, the landowners 
were alerted by a service representative to the presence of this 
imperiled snail on their property. At that time, the owners indicated 
a willingness to conserve the Kanab ambersnail. 
  
  Federal action on this species began on May 22, 1984, when the 
Service published a notice of review of invertebrate wildlife for 
listing as endangered or threatened species, which included the Kanab 
ambersnail as a category 2 species (49 FR 21664). Category 2 
comprises species for which the Service has information indicating 
the appropriateness of a proposal to list the species as endangered 
or threatened but for which more substantial data are needed on 
biological vulnerability and threats. On January 6, 1989, the Service 
published an updated notice of review of animals for listing as 
endangered or threatened which maintained the Kanab ambersnail as a 
category 2 species (54 FR 554). 
  
  In 1990, the Service commissioned a status survey of candidate 
Utah snails, including the Kanab ambersnail. The final report was 
completed in April 1991 and concluded that the Kanab ambersnail was 
in imminent danger of extinction and that immediate action should be 
taken to save it (Clarke 1991). The Service considers the information 
developed in the 1991 report sufficient to elevate the Kanab 
ambersnail from a category 2 to a category 1 species. The recent 
precipitous decline of the snail, combined with the species' extreme 
vulnerability to further habitat modification or other catastrophes 
has prompted the Service to prepare this emergency 
listing (see "Reason for Emergency Determination"). In July 1991, the 
Service informally notified the Utah Department of Natural Resources 
of the Service's intent to pursue an emergency listing for the Kanab 
ambersnail. Pursuant to 16 U.S.C. 1533(b)(7), the Service will 
immediately provide the Utah Department of Natural Resources formal 
notice of the emergency listing. 
  
Summary of Factors Affecting the Species 
  
  Section 4 of the Endangered Species Act (16 U.S.C. 1531 et seq.) 
and regulations (50 CFR part 424) promulgated to implement the 
listing provisions of the Act set forth the procedures for adding 
species to the Federal Lists. A species may be determined to be an 
endangered or threatened species due to one or more of the five 
factors described in section 4(a)(1). These factors and their 
application to the Kanab ambersnail (Oxyloma haydeni ssp. kanabensis 
Pilsbry) are as follows: 
  
  A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. As noted previously, the Kanab 
ambersnail is absolutely associated with a perennially wet soil 
surface or shallow standing water at the two locations described 
earlier. This habitat type is rare in extreme south-central Utah. 
  
  The smaller population in Kanab Creek Canyon was much bigger 
previously, but the recent dewatering of this habitat to provide 
water for livestock has nearly extirpated this population. 
  
  The larger population in Three Lakes Canyon was estimated to 
number 100,000 snails in June 1990. Earlyin 1991, the open marshy 
area above the uppermost of the three lakes was graded in an attempt 
to smooth its contours to improve its aesthetic appeal for future 
development purposes. The private landowner had seriously 
contemplated draining the largest pond, which could devastate the 
snail population, but appears to have abandoned the idea for the time 
being (U.S. Fish and Wildlife Service 1991). The private landowner 
also has plans for building a retirement home and/or developing a 
recreational vehicle park and campground in the Three Lakes area, 
which could result in further habitat alteration or destruction. 
  
  Historically, the snail's habitat has been used for grazing 
purposes, which could have impacted the snails in the past and may 
have been a factor in the species' current limited distribution. A 
low level of grazing continues in the species' known habitat. 
  
  B. Overutilization for commercial, recreational, scientific, or 
educational purposes. Overutilization is not known to be a threat. 
However, the Kanab ambersnail may be vulnerable to collecting either 
for scientific or private shell collections. 
  
  C. Disease or predation. Disease and predation are not believed to 
be major problems affecting the continued survival of the Kanab 
ambersnail. The snail is preyed upon by the American robin (Turdas 
migratorius), but this is a natural condition. At present, predation 
is not thought to be significant to the species, provided crucial 
environmental factors that reduce the degree of predation are not 
significantly altered, such as loss of vegetative cover. 
  
  D. The inadequacy of existing regulatory mechanisms. No Federal or 
State laws or regulations mandate protection of the Kanab ambersnail 
or its habitat. 
  
  E. Other natural or manmade factors affecting its continued 
existence. Almost all known individuals of the Kanab ambersnail are 
found in the Three Lakes Canyon population. This extremely localized 
population may be vulnerable to natural disasters such as extreme 
drought, flood, fire, or disease. It can also be jeopardized by human 
activities such as periodic burning to improve the area for cattle 
grazing or other economic activity, or poisoning of the ponds so that 
more desirable sportfish might thrive (Clark 1991). The Kanab Creek 
population may be nearly extirpated, but is potentially important as 
a source of genetic diversity (Clark 1991). 
  
Critical Habitat 
  
  This emergency listing will not address the question of whether 
critical habitat should be designated for the Kanab ambersnail. Per 
section 4(b)(6)(C)(i) of the Act, it is not necessary to designate 
critical habitat concurrently with a final rule determining that a 
species is endangered or threatened if it is essential to the 
conservation of such species that the regulation implementating such 
determination be promptly published. The Kanab ambersnail is on the 
edge of extinction, and immediate listing is necessary. Emergency 
listing will trigger the protections of sections 7 and 9 of the Act 
and will allow important recovery measures to be initiated 
expeditiously. The question of whether to propose critical habitat 
will be addressed in the proposed rulemaking to list the Kanab 
ambersnail as endangered that will soon follow this emergency rule. 
  
Available Conservation Measures 
  
  Conservation measures provided to species listed as endangered or 
threatened under the Endangered Species Act include recognition, 
recovery actions, requirements for Federal protection, and 
prohibitions against certain practices. Recognition through listing 
encourages and results in conservation actions by Federal, State, and 
private agencies; groups; and individuals. The Endangered Species Act 
provides for possible land acquisition and cooperation with the 
States and requires that recovery actions be carried out for all 
listed species. The protection required of Federal Agencies and the 
prohibitions against taking and harm are discussed, in part, below. 
  
  Section 7(a) of the Act, as amended, requires Federal Agencies to 
evaluate their actions with respect to any species that is proposed 
or listed as endangered or threatened and with respect to its 
critical habitat, if any is being designated. Regulations 
implementing this interagency cooperation provision of the Act are 
codified at 50 CFR part 402. Section 7(a)(2) requires Federal 
Agencies to insure 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. 
  
  All known populations of the Kanab ambersnail are on private 
lands. The Federal Government may have programs or regulatory 
authority capable of influencing privately undertaken activities in 
the habitat of the Kanab ambersnail. Private activities involving 
dredge and fill of wetlands would be required to have a 404 permit 
issued by the Corps of Engineers under the authority of the Clean 
Water Act. In addition, the landowners may avail themselves of 
technical assistance offered by the Soil Conservation Service for 
onfarm soil and water conservation programs which may affect the 
snail. 
  
  The Act and its implementing regulations found at 50 CFR 17.21 set 
forth a series of general prohibitions and exceptions that apply to 
all endangered wildlife. Under section 9 of the Act, 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 or foreign commerce 
in the course of a commercial activity, sell or offer for sale 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. 
  
  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. Requests for copies of 
the regulations on animals and inquiries regarding them may be 
addressed to the Office of Management Authority, U.S. Fish and 
Wildlife Service, room 432, 4401 North Fairfax Drive, Arlington, 
Virginia (telephone 703/358-2093; FTS 921-2093) 
  
Reason for Emergency Determination 
  
  In February 1991, the Secretary reviewed the draft status survey 
on Utah snails. The near-extirpation of the Kanab Creek Canyon 
population and the major losses documented for the Three Lakes Canyon 
population were sufficient to cause the Service to consider 
immediately proposing the Kanab ambersnail as an endangered species. 
  
  On February 25, 1991, a Service field biologist met with the 
private landowners of the Three Lakes Canyon property to inform them 
of the existence of the Kanab ambersnail on their property and to 
request and encourage them to provide for the conservation of the 
species. At that time, the landowners explained their current 
activities in the wetlands area (surface soil grading in order to 
improve the aesthetic appeal of the their property) and their future 
development plans for this property (which ranged from building a 
retirement home to possibly developing a recreational vehicle park 
and campground and using the area for grazing common and exotic 
livestock, such as Shetland ponies and ostriches). The landowners 
were, however, willing to discuss the possibility of having the 
Service or another group such as The Nature Conservancy acquire the 
property. At that time, the landowners indicated a willingness to 
conserve the Kanab ambersnail. 
  
  On June 13, 1991, the Service field biologist received a phone 
call from one of the landowners. Neither the Service nor anyone else 
had contacted him since February 25, 1991. Among other things, the 
landowner was concerned about the length of time it was taking to 
pursue possible land acquisition. The Service field biologists 
explained that the process of land acquisition takes a long time and, 
for the Federal Government, could not begin until after the snail is 
listed. A listing proposal already had been prepared by the Service's 
field office and was undergoing review in the Service's Regional 
Office. Given the landowner's concerns, the Service field biologist 
indicated that the Service's field office would recommend expediting 
the listing. 
  
  The Nature Conservancy is working with the landowners in an effort 
to work out a mutually agreeable arrangement for land acquisition. 
The Service believes the landowners are willing to take conservation 
of the Kanab ambersnail into consideration, but the Service is 
concerned about the precarious status of the snail. 
  
  If the normal listing process was used to list the snail, the 
Kanab ambersnail would not be listed until late 1992. This length of 
time is unlikely to be acceptable to the landowners, who have 
indicated that they may proceed with their original plans to develop 
the property before the normal listing process could be completed. 
Such development could cause the extinction of the Kanab ambersnail. 
Thus, the Service decided this emergency rule was essential to 
protect the snail. Emergency listing will legally protect the snail 
from actions that would lead to its extinction and expedite the 
Service's ability to begin negotiations to acquire the property 
containing the largest snail population. 
  
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 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 (49 FR 49244). 
  
References Cited 
  
Chamberlin, R.V. and D.T. Jones. 1929. A descriptive catalog of the 
Mollusca of Utah. Bull. of the Univ. of Utah 19(4):i-x + 1-203. 
  
Clarke, A.H. 1991. Status survey of selected land and freshwater 
gastropods in Utah. Unpublished report prepared for the U.S. Fish and 
Wildlife Service, Denver, Colorado. 70 pp + cxii. 
  
Ferriss, J.H. 1910. A collecting excursion north of the Grand Canyon 
of the Colorado. The Nautilus 23:109-112. 
  
Pilsbry, H.A. 1948. Land Mollusca of North America. The Acad. of 
Nat. Sci. of Philadelphia Monographs. Vol. II (part 2):i-xlvii + 
521-1113. 
  
U.S. Fish and Wildlife Service. 1991. Supplemental status report for 
the Kanab ambersnail (Oxyloma haydeni kanabensis). U.S. Fish and 
Wildlife Service. Salt Lake City, Utah. 3 pp. 
  
Authors 
  
  The primary authors of this emergency rule are John L. England, 
U.S. Fish and Wildlife Service (see ADDRESSES above, telephone 
801/524-4430 or FTS 588-4430) and Nancy Chu, U.S. Fish and Wildlife 
Service, P.O. Box 25486, Denver Federal Center, Denver, 
Colorado (telephone 303/236-7398 or FTS 776-7398). 
  
List of Subjects in 50 CFR Part 17 
  
  Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation. 
  
Regulation Promulgation 
  
  Accordingly, until April 3, 1992, 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. 99-265, 100 Stat. 3500, unless otherwise noted. 
  
  2. Amended S 17.11(h) by adding the following, in alphabetical 
order under "SNAILS," to the List of Endangered and Threatened 
Wildlife: 
  
S 17.11  Endangered and threatened wildlife. 
*    *     *     *     * 
  
  (h) * * * 
  
  
---------------------------------------------------- 
Species: Common name Scientific name 
Range 
Vertebrate population where endangered or threatened 
Status 
When listed 
Critical habitat 
Special rules 
----------------------------------------------------- 
  
Snails 
* 
* 
* 
* 
* 
* 
  
Kanab ambersnail Oxyloma haydeni kanabensis 
U.S.A. (UT) 
NA 
E 
* 
NA 
NA 
  
  
  
  
  
  
  Dated: July 25, 1991. 
  
Richard N. Smith, 
  
Deputy Director, Fish and Wildlife Service. 
  
[FR Doc. 91-18892 Filed 8-7-91; 8:45 am] 
  
BILLING CODE 4310-55-M