[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Proposed Rules]
[Pages 55341-55345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24162]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2013-0010; 4500030114]
RIN 1018-BD54
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Spring Pygmy Sunfish
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; revision and reopening of comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the comment period on our October 2, 2012, proposed rule
to designate critical habitat for the spring pygmy sunfish (Elassoma
alabamae), under the Endangered Species Act of 1973, as amended (Act).
In this document, we propose to add one critical habitat unit (123
hectares (ha) (303 acres (ac)) in Madison County, Alabama, to the
critical habitat designation. As a result, our proposed revised
critical habitat designation for the species now includes three
critical habitat units, totaling approximately 749 ha (1,852 ac), in
Alabama. This reopened comment period will provide the public with an
opportunity to submit written comments on both the revision described
in this document and the October 2, 2012, proposed rule, as well as
intervening relevant publications. Comments previously submitted need
not be resubmitted, as they will be fully considered in preparation of
the final rule.
DATES: The comment period for the proposed rule published October 2,
2012, at 77 FR 60180 is reopened. We will consider comments received or
postmarked on or before December 5, 2018. Comments submitted
electronically using the Federal eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m. Eastern Time on the closing date.
ADDRESSES: You may submit written comments by one of the following
methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R4-ES-2013-0010,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the Search panel on the left
side of the screen, under the Document Type heading, click on the
Proposed Rule box to locate this document. You may submit a comment by
clicking on ``Comment Now!''
(2) By hard copy: Submit your comments by U.S. mail or hand-
delivery to: Public Comments Processing, Attn: FWS-R4-ES-2013-0010,
U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls
Church, VA 22041-3803.
We request that you send comments only by methods described above.
We will post all comments on http://www.regulations.gov. This generally
means that we will post any personal information you provide us (see
Public Comments, below, for more details).
FOR FURTHER INFORMATION CONTACT: William Pearson, Field Supervisor,
Alabama Ecological Services Field Office, 1208 Main Street, Daphne, AL
36526; telephone 251-441-5181. If you use a telecommunications device
for the deaf (TDD), please call the Federal Relay Service at 800-877-
8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We will accept written comments and information during this
reopened comment period on our proposed designation of critical habitat
for the spring pygmy sunfish that was published in the Federal Register
on
[[Page 55342]]
October 2, 2012 (77 FR 60180); the revision to the proposed boundaries
of Unit 1 described in our April 29, 2013, Federal Register publication
(78 FR 25033); the potential exclusions to the designation that we
described in our February 5, 2014, Federal Register publication (79 FR
6871); and the new proposed Unit 3 that is described in this document.
We will consider information and recommendations we receive from all
interested parties. We intend that any final action resulting from this
proposal will be based on the best scientific data available and be as
accurate and effective as possible.
We request comments or information from any interested party on any
aspect of the proposed designation. However, we particularly seek
comments concerning:
(1) The reasons why we should or should not designate habitats as
``critical habitat'' under section 4 of the Act, including whether
there are threats to the species from human activity, the degree of
which can be expected to increase due to the designation, and whether
that increase in threat outweighs the benefit of designation such that
the designation of critical habitat is not prudent.
(2) Land use designation and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat.
If you submitted comments or information on the proposed rule
during the initial comment period from October 2, 2012, to December 3,
2012; during the second comment period from April 29, 2013, to May 29,
2013; or during the third comment period from February 5, 2014, to
March 7, 2014, please do not resubmit them. We have incorporated them
into the public record as part of the previous three comment periods,
and we will fully consider them in the preparation of our final
determination.
You may submit your comments and materials by one of the methods
listed in ADDRESSES. If you submit a comment via http://www.regulations.gov, your entire comment--including any personal
identifying information--will be posted on the website. We will post
all hardcopy comments on http://regulations.gov as well. If you submit
a hardcopy comment that includes personal identifying information, you
may request at the top of your document that we withhold this
information from public review. However, we cannot guarantee that we
will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing the proposed rule, are available for
public inspection on http://www.regulations.gov at Docket No. FWS-R4-
ES-2013-0010, or by appointment, during normal business hours, at the
U.S. Fish and Wildlife Service, Alabama Ecological Services Field
Office (see FOR FURTHER INFORMATION CONTACT).
Background
Species Information
For information on the spring pygmy sunfish's biology, status,
distribution, and habitat, refer to the October 12, 2012, proposed
listing and critical habitat rule (77 FR 60180), and the October 2,
2013, final listing rule (78 FR 60766).
Previous Federal Actions
On October 2, 2012, we published a proposed rule (77 FR 60180) to
list the spring pygmy sunfish as a threatened species and to designate
critical habitat for the species. In that proposed rule, we proposed to
designate two critical habitat units, totaling approximately 12.9
kilometers (km) (8 stream miles (mi)) and 654.4 hectares (ha) (1,617
acres (ac)) of spring system habitat and adjacent upland buffer in
Limestone County, Alabama. Previous Federal actions occurring before
October 2, 2012, are summarized in that proposed rule.
On April 29, 2013, we published a document (78 FR 25033) reopening
the comment period on the proposed listing and critical habitat for 30
days. That document requested public comments on amendments to the
required determinations section of the October 2, 2012, proposal, the
draft economic analysis, and a proposed reduction in the size of the
critical habitat designation based on information we received during
the original public comment period. Specifically, we proposed to reduce
the size of Unit 1 by 27.3 ha (67.6 ac), resulting in a proposed
critical habitat designation totaling approximately 12.9 km (8 stream
mi) and 627.02 ha (1,549.4 ac).
On October 2, 2013, we published a final rule (78 FR 60766) listing
the spring pygmy sunfish as a threatened species.
On February 5, 2014, we again reopened the comment period, for an
additional 30 days, on the proposed designation of critical habitat to
announce exclusions we are considering to proposed critical habitat
Unit 1 (79 FR 6871). In that document, we asked for public comments on
excluding lands enrolled in candidate conservation agreements with
assurances (CCAAs) in accordance with section 4(b)(2) of the Act.
Specifically, we are considering excluding all areas covered by the
Belle Mina Farms Ltd., McDonald Farm, and Horton Farm CCAAs based on
our partnerships with the landowners and the conservation benefits that
these agreements afford the spring pygmy sunfish. We will make the
final determination on these exclusions in our final rule.
Critical Habitat
It is our intent to discuss only those topics directly relevant to
the designation of critical habitat for the spring pygmy sunfish in
this document.
Section 3 of the Act defines critical habitat as 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 (PBFs) essential to the conservation of the species
and that may require special management considerations or protection,
and 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. If the proposed rule is
made final, section 7 of the Act will prohibit destruction or adverse
modification of critical habitat by any activity funded, authorized, or
carried out by any Federal agency. Federal agencies proposing actions
affecting critical habitat must consult with us on the effects of their
proposed actions, under section 7(a)(2) of the Act.
Evaluation of a Documented New Population of Spring Pygmy Sunfish
In November 2015, surveys conducted by the Geologic Survey of
Alabama (GSA) and Service employees on Wheeler National Wildlife Refuge
(NWR) in Madison County, Alabama, verified a new population of spring
pygmy sunfish in Blackwell Swamp following the documentation of the
species at the swamp in September 2015, by researchers from
Jacksonville State University. The discovery of the new population is
significant because it occurs outside the Beaverdam Spring complex, the
only known occupied site on October 2, 2013, when we listed the spring
pygmy sunfish as a threatened species under the Act, and increases the
number of known metapopulations from one to two. Based on new
information gathered during the November 2015 survey, we are revising
the proposed designation of critical habitat to include a new unit
(Unit 3) in Madison County, Alabama. This new unit contains all of the
PBFs for the spring pygmy sunfish. Because of the limited range of the
spring pygmy sunfish, we have determined that the new population in
[[Page 55343]]
Blackwell Swamp and its associated habitat is essential to the
conservation of the species and may require special management
considerations or protection. A map of proposed Unit 3 appears under
Proposed Regulation Promulgation, below.
Proposed Critical Habitat Designation
Based on the above information, we are proposing to revise the
proposed critical habitat designation to include Blackwell Swamp as
Unit 3. We provide occupancy and ownership tables below that include
information on all three proposed critical habitat units.
Table 1--Occupancy of the Proposed Critical Habitat Units for the Spring
Pygmy Sunfish
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Unit Location Occupied?
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1................. Beaverdam Spring/Creek..... Yes.
2................. Pryor Spring/Branch........ No.
3................. Blackwell Swamp/Run........ Yes.
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Table 2--Ownership of the Proposed Critical Habitat Units for the Spring Pygmy Sunfish
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Total
Unit Location Private ownership km (mi); ha (ac) Federal ownership km (mi); ha (ac) length km Total area
(mi) ha (ac)
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1.................... Beaverdam Spring/Creek. 5.9 (3.7); 210 (518).................. 3.5 (2.21); 344 (849)................. 9.5 (5.9) 553 (1,367)
2.................... Pryor Spring/Branch.... 0.2 (0.15); 8.1 (20).................. 3.1 (1.95); 65 (162).................. 3.4 (2.1) 73 (182)
3.................... Blackwell Swamp/Run.... 0; 0.................................. 2.3 (1.4); 123 (303).................. 2.3 (1.4) 123 (303)
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Total............ ....................... 6.1 (3.85); 218 (538)................. 8.8 (5.56); 532 (1,314)............... 15.2 (9.4) 749 (1,852)
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* Totals may not sum due to rounding.
We present a brief description of Unit 3, and reasons why it meets
the definition of critical habitat, below.
Unit 3: Blackwell Swamp/Run, Madison County, Alabama
Unit 3 includes a total of 123 ha (303 ac) of Federal land and 2.3
stream km (1.4 mi), all of which is federally owned within the Wheeler
NWR in Madison County, Alabama. This unit is located about 4.3 km (2.7
mi) due west of the town of Triana. This unit is 0.96 km (0.6 mi) north
of Blackwell Run's confluence with the Tennessee River; approximately 1
km (0.5 mi) south of Swancott Road SW; about 1 km (0.5 mi) west of
Landess Circle; and just to the east of B. Road/County Line Road SW.
Unit 3 is currently occupied by spring pygmy sunfish and contains all
the PBFs essential to the species' survival and eventual recovery. Unit
3 provides habitat for the spring pygmy sunfish via the spring systems
of Blackwell Swamp, which include spring runs and a large spring-fed
pool that was enlarged after Blackwell Spring Run was impounded (PBF
1).
There is adequate water quality (PBF 2), water quantity and flow
(PBF 3), and a diversity of emergent vegetation (PBF 4) to support the
normal life stages and behavior of the spring pygmy sunfish and its
prey sources (PBF 4).
Wheeler NWR actively manages water levels in proposed Unit 3 to
enhance use by waterfowl. The water in the unit is replenished by
surface flow from runoff, a small stream in the northeast corner, and
numerous spring seeps of the Blackwell Spring system. The Tennessee
River does not influence the spring pool unless allowed to enter the
pool through the water control structure, which may occur in the course
of waterfowl management. During flood conditions, water inundates and
enters secondary channels and sloughs located to the south and
southeastern portion of the unit and flows in a southerly direction
with the spring run, sometimes overtopping the roads on the west and
east side of the unit.
Threats to the spring pygmy sunfish and its habitat in Unit 3 that
may require special management or protection of the PBFs include
structures, such as boat ramps; an unpaved, gravel-maintained, refuge
road (11.7 km; 7.3 mi) circling the unit; and sewer, gas, and water
easements, including a City of Huntsville sewer line right-of-way to
the east. Additional threats outside and adjacent to the unit include
increased agriculture, urbanization, and industrialization activities
(such as channel modification for flood control, construction of
impoundments, and water extraction) that significantly alter spring
flow regime and water quality and quantity; inadequate stormwater
management; water diversion; significant changes in streambed material
composition and quality as a result of construction projects and
maintenance activities that damage or destroy aquatic vegetation and
vegetation in the riparian zone; off-road vehicle use; bridge and road
construction and maintenance, and culvert and pipe placement; and other
watershed and floodplain disturbances that release sediments or
nutrients into the water. Many threats that result in decreased water
quality and quantity are likely to be amplified during drought events.
Consideration of Economic Impacts
The spring pygmy sunfish occurs in Unit 3, which is entirely within
Wheeler NWR. In areas where the spring pygmy sunfish is present,
Federal agencies already are required to consult with the Service under
section 7 of the Act on activities they authorize, fund, or carry out
that may affect the species. If we finalize the proposed critical
habitat designation, measures to avoid the destruction or adverse
modification of critical habitat would be incorporated into the
existing consultation process for refuge activities. Therefore, the
draft economic analysis prepared for Unit 1 and Unit 2 (78 FR 25033) is
not significantly affected by the addition of Unit 3 in proposed
critical habitat.
Authors
The primary authors of this document are the staff members of the
Alabama Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to further amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal Regulations, as proposed to
be amended at 77 FR 60180 (October 2, 2012) as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless
otherwise noted.
0
2. Amend Sec. 17.95(e) by revising paragraph (5) in, and adding a
paragraph (8) to, the entry proposed at 77 FR 60180 for ``Spring Pygmy
Sunfish
[[Page 55344]]
(Elassoma alabamae)'' as set forth below:
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(e) Fishes.
* * * * *
Spring Pygmy Sunfish (Elassoma alabamae)
* * * * *
(5) Index map of critical habitat for the spring pygmy sunfish
follows:
BILLING CODE 4333-15-P
[GRAPHIC] [TIFF OMITTED] TP05NO18.008
* * * * *
(8) Unit 3: Blackwell Swamp/Run, Madison County, Alabama.
(i) General Description: Unit 3 includes a total of 123 ha (303 ac)
of land and 2.3 stream km (1.4 stream mi), all which is federally owned
within the Wheeler National Wildlife Refuge. Unit 3 is located
approximately 4.3 km (2.7 mi) due west of the town of Triana. This unit
is 0.96 km (0.6 mi) north of Blackwell Run's confluence with the
Tennessee River; approximately 1 km (0.5 mi) south of Swancott Road SW;
about 1 km (0.5 mi) west of Landess Circle; and just to the east of B.
Road/County Line Road SW.
(ii) Map of Unit 3 follows:
[[Page 55345]]
[GRAPHIC] [TIFF OMITTED] TP05NO18.009
* * * * *
Dated: August 14, 2018.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, Exercising the
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-24162 Filed 11-2-18; 8:45 am]
BILLING CODE 4333-15-C