The Service is proposing to list the coal darter as threatened under the Endangered Species Act (ESA) with a 4(d) rule.

Using the best available science, the Service determined the coal darter is likely to become endangered in the foreseeable future, as all three drainages where the species occurs (the Black Warrior, Cahaba, and Coosa River Systems) are projected to be negatively impacted by habitat loss and degradation resulting from land use changes and climate change climate change
Climate change includes both global warming driven by human-induced emissions of greenhouse gases and the resulting large-scale shifts in weather patterns. Though there have been previous periods of climatic change, since the mid-20th century humans have had an unprecedented impact on Earth's climate system and caused change on a global scale.

Learn more about climate change . 

The ESA describes two categories of declining species that warrant federal protections – “endangered” and “threatened”– and provides these definitions:  

Endangered – any species that is in danger of extinction throughout all or a significant portion of its range. 

Threatened – any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.  

In simple terms, endangered species are in danger of extinction now; threatened species are likely to become in danger of extinction in the foreseeable future. Therefore, the definition of each term hinges on the time element, now versus the future

Coal darters (Percina brevicauda) are small, bottom-dwelling freshwater fish native to the Mobile River Basin in Alabama. They reside in three river systems within the Mobile River Basin, including the Black Warrior, Cahaba, and Coosa River Systems.

Coal darters occupy small to medium-sized rivers and large tributaries with moderate to swift flowing water with stable sand, gravel, cobble, and/or bedrock substrates and low levels of siltation. Overall, this species requires adequate water quality, sufficient flow, sediment-free substrate, and sufficient population size and connectivity for maintaining genetic diversity to support reproduction and recruitment within a population.

The coal darter is at risk of disappearing from its range due to habitat loss and degradation from land use changes and climate change climate change
Climate change includes both global warming driven by human-induced emissions of greenhouse gases and the resulting large-scale shifts in weather patterns. Though there have been previous periods of climatic change, since the mid-20th century humans have had an unprecedented impact on Earth's climate system and caused change on a global scale.

Learn more about climate change . Habitat loss and degradation has resulted from the following activities or conditions: hydrologic alteration by impoundments, including dams and other barriers; agriculture (poultry farming); diminished water quality from point and nonpoint source chemical contamination and sedimentation; urban development or change in land cover, including increased density of residential and commercial infrastructure; resource extraction, including mining and silviculture operations that do not follow State-approved BMPs; and climate change. 

A 4(d) rule provides for the conservation of a threatened species by tailoring protections to those needed to prevent further decline and facilitate recovery. In particular, this proposed 4(d) rule would provide for the conservation of the coal darter by prohibiting the following activities, unless they fall within specific exceptions or are otherwise authorized or permitted: import or export; take; possession and other acts with unlawfully taken specimens; delivery, receipt, carriage, transport, or shipment in interstate or foreign commerce in the course of commercial activity; and sale or offer for sale in interstate or foreign commerce.

The proposed 4(d) rule would also provide for the conservation of the species by allowing exceptions that incentivize conservation actions or that, while they may have some minimal level of take of the coal darter, are not expected to rise to the level that would have a negative impact (i.e., would have only de minimis impacts) on the species’ conservation. The proposed 4(d) rule would allow channel restoration projects that create natural, stable, and ecologically functioning streams. The rule also allows for streambank stabilization projects that reduce bank erosion and instream sedimentation and improve habitat conditions for the species. Activities that improve the watershed, riparian riparian
Definition of riparian habitat or riparian areas.

Learn more about riparian or habitat conditions carried out under the Working Lands for Wildlife or similar programs will also be allowed. Lastly, silviculture and forest management activities that use state-approved BMPs will be allowed.

We reviewed the available information pertaining to the biological needs of the species and habitat characteristics where this species is located. The species’ needs are sufficiently well known, but a careful assessment of the economic impacts that may occur due to a critical habitat designation is ongoing. Until these efforts are complete, information sufficient to perform a required analysis of the impacts of the designation is lacking; therefore, we find designation of critical habitat for the coal darter is prudent but not determinable at this time. We plan to publish a proposed rule to designate critical habitat for the coal darter concurrent with the availability of a draft economic analysis of the proposed designation. The Act allows the Service an additional year to publish a critical habitat designation that is not determinable at the time of listing

The public is invited to submit written comments on the proposal to list the coal darter with a 4(d) rule up to 60 days from its December 21, 2023 publication in the Federal Register. Please submit comments by February 20, 2024 at www.regulations.gov, search for docket number  FWS-R4-ES-2023-0220.

All relevant information received during the open comment period from the public, government agencies, the scientific community, industry, or any other interested parties will be considered and addressed in the Service’s final listing determination for the coal darter. 

FOR FURTHER INFORMATION CONTACT: William Pearson, Field Supervisor, U.S. Fish and Wildlife Service, Alabama Ecological Services Field Office, 1208 Main Street, Daphne, AL 36526; telephone 251–441–5181. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.