[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60766-60783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23726]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2012-0068]
RIN 1018-AY19
Endangered and Threatened Wildlife and Plants; Threatened Species
Status for Spring Pygmy Sunfish
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine
threatened species status under the Endangered Species Act of 1973
(Act), as amended, for the spring pygmy sunfish (Elassoma alabamae),
which is found in Limestone County, Alabama. The effect of this
regulation is to add this species to the List of Endangered and
Threatened Wildlife and implement the Federal protections provided by
the Act for this species.
DATES: This rule is effective December 2, 2013.
ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov and at the Mississippi Ecological Services Field
Office site. Comments and materials received, as well as supporting
documentation used in the preparation of this rule, are available for
public inspection at http://www.regulations.gov. All of the comments,
materials, and documentation that we considered in this rulemaking are
available by appointment, during normal business hours at: U.S. Fish
and Wildlife Service, Mississippi Field Office, 6578 Dogwood View
Parkway, Jackson, MS 39213; telephone 601-321-1122; facsimile (601-965-
4340).
FOR FURTHER INFORMATION CONTACT: Stephen Ricks, Field Supervisor, U.S.
Fish and Wildlife Service, Mississippi Ecological Services Field Office
(see ADDRESSES section). If you use a telecommunications device for the
deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-
877-8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Endangered Species Act
(Act), a species warrants protection through listing if it is
endangered or threatened throughout all or a significant portion of its
range. Listing a species as an endangered or threatened species can
only be completed by issuing a rule.
[[Page 60767]]
This rule lists the spring pygmy sunfish as a threatened species.
In a separate, future rulemaking, we will finalize the designation of
critical habitat for the spring pygmy sunfish.
The basis for our action. Under the Act, we can determine that a
species is an endangered or threatened species based on any of 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. We have determined that the spring pygmy sunfish
is threatened based on three of these five factors (Factors A, D, and
E). Current threats to the species include ground and surface water
withdrawal and impacts to water quality within the spring systems where
this species currently occurs and historically occurred (Factor A). The
species is also facing many potential threats in the foreseeable
future. These include habitat modification in the form of planned urban
and industrial development of land adjacent to spring pygmy sunfish
habitat and the likely impacts to the spring system, including the
surrounding aquifer recharge area. Increased urban and industrial
development and associated secondary development and infrastructure can
cause direct mortality as well as permanent loss and fragmentation of
habitat (Factor A), which leads to isolated subpopulations, thereby
impacting gene flow throughout the population (Factor E). Existing
regulatory mechanisms are inadequate to reduce these threats (Factor
D). However, conservation efforts that are currently being implemented
through a candidate conservation agreement with assurances (CCAA), as
well as additional conservation activities planned for the near future,
reduce the impact of some of these threats. After carefully considering
the current threats, current conservation activities, and future
threats, we determined the spring pygmy sunfish meets the definition of
a threatened species under the Act.
Peer review and public comment. We sought comments from three
independent specialists knowledgeable in spring pygmy sunfish biology,
basic conservation biology, and hydrology/spring system ecology to
ensure that our determination is based on scientifically sound data,
assumptions, and analyses. We invited these peer reviewers to comment
on our listing proposal. We also considered all comments and
information we received during two public comment periods.
Previous Federal Actions
Federal actions for the spring pygmy sunfish prior to October 2,
2012, are outlined in our proposed listing and critical habitat rule
(77 FR 60180), which was published on that date. Publication of the
proposed rule opened a 60-day comment period, which closed on December
3, 2012. On April 29, 2013 (78 FR 25033), we reopened the comment
period for an additional 30 days, ending May 29, 2013. During this
period, the public was invited to comment on the entire October 2,
2012, proposed rule as well as the draft economic analysis (DEA) of the
proposed critical habitat designation. We did not receive any requests
for a public hearing. We will finalize the designation of critical
habitat for the spring pygmy sunfish in the near future.
Background
Species Information
Taxonomy and Species Description
The spring pygmy sunfish was discovered in 1937, but not described
until 1993 (Mayden 1993, pp. 1-14). Genetic analysis by Quattro et al.
(2001, p.1, pp. 27-226) confirmed the morphological diagnosis of the
species by Mayden (1993, pp. 1-14) as valid. Sandel (2008, pp. 1-18;
2012, entire) determined the species to be the most distinctive member
of the family Elassomatidae and provided preliminary population genetic
data for the species.
We accept the characterization of the spring pygmy sunfish as a
valid species based on the taxonomic characters distinguishing the
species from other members of the Elassoma genus (Mayden 1993, p. 4).
Its uniqueness is widely accepted by the scientific community, and
there has been no discrepancy concerning its distinctiveness as a
separate taxonomic entity (Boschung and Mayden 2004, p. 614).
A further description of the species is provided in the proposed
rule (77 FR 60180; October 2, 2012).
Current Distribution
The range of the spring pygmy sunfish is very restricted. The
species currently occupies about 5.9 miles (mi) (9.5 kilometers (km))
and 1,435 acres (ac) (580.6 hectares (ha)) of four spring pools and
associated features confluent with the middle to upper Beaverdam
Spring/Creek watershed. These spring pools, which include Moss,
Beaverdam, Thorsen, and Horton springs, all in Limestone County,
Alabama, along with associated spring runs, seeps, and wetlands, are
collectively referred to as the Beaverdam Spring/Creek system. The
Beaverdam Creek watershed is the least impacted groundwater-fed wetland
in north Alabama as there are no other large springs in Lauderdale,
Limestone, or Madison Counties that have not been developed for private
or municipal use (Jandebeur 2012a, p. 1). The greatest concentration of
spring pygmy sunfish occurs within the Beaverdam Spring site, which
comprises 24 percent of the total occupied habitat for the species, and
has experienced the least human-induced disturbance. However, Sandel
(2011, p. 6) has documented declines in all sites within the system.
Historical Distribution and Status
The spring pygmy sunfish historically occurred at two other sites.
This species was initially discovered in 1938, in Cave Springs,
Lauderdale County, Alabama, where it was extirpated about a year later
due to inundation from the formation of Pickwick Reservoir (Boschung
and Mayden 2004, p. 615; Jandebeur 2012b, p. 1). In 1941, this species
was also discovered in Pryor Spring within the Swan Creek watershed in
Limestone County, Alabama, by Tarzwell and Bretton, where it was noted
to be common (Jandebeur 2011a, pp. 1-5). Sampling efforts in the Pryor
Springs complex between 1966 and 1979 indicated a sparse population of
spring pygmy sunfish west of Highway 31. None has been reported east of
Highway 31. The exact location of the original 1941 collection in Pryor
Spring is uncertain, but Jandebeur (2011a, pp. 1-5) speculates the
original site to be solely west of Highway 31, within the Pryor Spring
Branch (spring-fed wetlands) and not in Pryor Spring proper (spring
head and pool), east of the highway. However, in 1984, in an effort to
enhance this population in Pryor Spring, fish were moved from Moss
Spring (Beaverdam Spring/Creek system) into Pryor Spring on both sides
of Highway 31 (Mettee and Pulliam 1986, pp. 14-15). Reintroduction
efforts continued into 1986 and 1987 (Mettee and Pulliam 1986, pp. 6-
7). However, by 2007, the population was determined to be extirpated
due to impaired water quality and quantity, likely attributable to
contaminants from agricultural runoff (Sandel 2008, p. 2; 2011, pp. 3,
6; Jandebeur 2012d, pp. 1-2). Fluker (in. litt. 2012) noted the species
could still exist in Pryor Springs but at such low numbers as to not be
detectable.
[[Page 60768]]
The spring pygmy sunfish exhibits metapopulation structure within
the Beaverdam Spring/Creek system (Sandel 2008, pp. 15-16; 2011, p. 8).
A metapopulation is a group of individual populations that have some
level of gene flow between them but are spatially isolated by
unfavorable intervening habitat created naturally or anthropogenically
(Akcakaya et al. 1999, pp. 183-184). With continued temporal isolation
and lack of gene flow, some populations of the group may go extinct.
However, if extinction occurs, there is a probability that the empty
habitat patches will be recolonized by some members of the
metapopulation (Levins 1968, pp. vi, 39-65; Levins 1970, pp. 77-107;
Gotelli 1991, p. 768). For the spring pygmy sunfish, migration and
continuity between spring pools is essential in maintaining the
species' genetic diversity within the Beaverdam Spring/Creek system,
and the species as a whole.
Sandel (2008, pp. 15-16; 2011, p. 8) found that the spring pygmy
sunfish metapopulation in Beaverdam Spring/Creek is composed of
isolated populations within the spring pools and spring runs. These
pools and runs are connected spatially and temporally with periods of
isolation and connectivity that are dependent on the extent and
composition of aquatic vegetation, water quality, water quantity, and
other parameters such as unintentional fish barriers at road crossings
(e.g., clogged pipe or culvert) (Drennen 2010, pers. observ.). The
individual spring pygmy sunfish populations within the metapopulation
are intermittently connected via migration and recolonization after
local extinction events. Although no supporting data were provided,
Jandebeur (2011b, pp. 1-13) presented an alternate hypothesis that
these populations of spring pygmy sunfish may have evolved in relation
to beaver ecology, and that during migration of spring pygmy sunfish
from beaver pond habitats, the species may colonize or recolonize
existing habitats downstream, even though individual subpopulations may
be extirpated due to drought or other ecological issues.
Habitat
The spring pygmy sunfish is a spring-associated (Warren 2004, p.
185) and groundwater-dependent (Jandebeur 2011, pers. comm.) fish
endemic to the Tennessee River drainage in the Eastern Highland Rim
physiographic province and Dissected Tablelands (Marbut et al. 1913, p.
53) of Lauderdale and Limestone Counties in northern Alabama. Spring
pygmy sunfish prefer clear to slightly stained spring water, occurring
within spring heads (where cool water emerges from the ground), spring
pools (water pool at spring head), spring runs (stream or channel
downstream of spring pool), and associated spring-fed wetlands (Warren
2004, pp. 184-185). The recharge area for Beaverdam Spring is about 1.7
square miles (mi\2\) (1,088 ac) and extends from the western Beaverdam
Creek watershed boundary, eastward near Oakland Spring Branch, north
toward Huntsville Browns Ferry Road, and south to the bluff line where
the spring discharges (Cook et al. 2013, p. 9). No contemporary water
flow rates from the springs are available. However, historical flow
rates for Pryor Spring (where the species once occurred) and Moss
Spring of 800 to 5,000 gallons per minute (gpm) (3,000 to 19,000 liters
per minute (lpm)) (tabulated from Chandler and Moore 1987, pp. 3-4),
respectively, indicate that the spring pygmy sunfish is associated with
moderately flowing springs of the second to fourth order (after Meinzer
1923 in Chandler and Moore 1987, p. 5; McMaster and Harris 1963, p.
28).
In general, natural spring pool habitats are typically static,
persisting without disruption for long periods, even during droughts,
in the absence of water extraction. However, the Beaverdam Spring/Creek
system contains three altered springheads (Moss, Horton, and Thorsen),
and only one springhead (Beaverdam Spring) that can be considered a
natural surface spring pool habitat. Over the last 50 years, Moss,
Horton, and Thorsen Springs have all experienced some degree of
anthropogenic disturbance (Sandel 2011, p. 1-11; Jandebeur 2012d, pp.
1-22). This includes mechanical enlargement and water withdrawals that
can cause excessive pool level fluctuations and be particularily
damaging to the spring pygmy sunfish during times of drought. These
springs seemed to have recovered biologically at some level; however,
lower population numbers of the species are associated with these
springs (Sandel 2011, p. 6). The long-term impacts on these springs'
geological and hydrological functions from disturbance are not known.
Beaverdam Spring pool, which is unaltered, has seasonal water levels
consistent throughout the year (Jandebeur 2012a, pp. 1-16). Cook et al.
(2013, p. 13) reported the discharge rates in Beaverdam Spring as 1.7
to 4.5 cubic feet per second (cfs) (776 to 2,020 gallons per minute
(gpm)) and suggested that this wide range of discharge may originate
from a variety of sources including agricultural withdrawals, a lack of
vegetation in the recharge area, or a function of the site-specific
geology. During drought periods, subsurface water levels in Bobcat and
Matthews Cave on Redstone Arsenal, about 8 mi (12.9 km) east of
Beaverdam Spring/Creek watershed, are typically lower for longer
periods of time compared to wetter years (Moser and Rheams 1992, pp. 6-
8; Rheams et al. 1992, pp. 7-20). No direct correlation between
groundwater levels in nearby caves and wells and spring discharge rates
or water levels in Beaverdam Spring has been determined. Cook et al.
(2013, p. 14) found that withdrawal for the March 2012 base flow (the
water in a stream that originates from groundwater seepage or springs
and is not from rain runoff) from Beaverdam Spring was about 3.5
percent (9.6 million gallons per day) of the total flow (base flow and
stormwater) of Beaverdam Creek, indicating the current withdrawals have
little effect on the discharge rate of Beaverdam Spring. However,
effects of water withdrawal are more obvious in the other springheads,
especially during drought (Sandel 2011, p. 6).
The species is most abundant at the spring outflow or water
emergence (spring head) from the ground and spring pool area (Sandel
2009, p. 14), typically occupying areas with water depths from 5 to 40
inches (in) (13 to 102 centimeters (cm)) and rarely in the upper 5 in
(13 cm) of the water column. The spring pygmy sunfish prefers patches
of dense filamentous submergent vegetation, including Ceratophyllum
echinatum (spineless hornwort), Myriophyllum heterophyllum (two-leaf
water milfoil), and Hydrilla verticillata (native hydrilla). Other
important plant species for this sunfish include emergent species such
as Sparganium spp. (bur reed), Polygonum spp. (smartweed), Nasturtium
officinale (watercress), Juncus spp. (rush), and Carex spp. (sedges);
and semi-emergent vegetation including Nuphar luteum (yellow pond
lily), Utricularia spp. (bladderwort), and Callitriche spp. (water
starwort) (Mayden 1993, p. 11; Jandebeur 1997, pp. 42-44; Sandel 2011,
pp. 3-5, 9-11; Kuhajda in litt. 2012). The spring pygmy sunfish is also
associated with a variety of other spring-dwelling species, including
amphipods, isopods, spring salamanders, crayfish, and snails (Mayden
1993, p. 11; Sandel 2011, pp. 11-12).
Life History
The spring pygmy sunfish has low fecundity (reproductive capacity)
indicating a species that is adapted to
[[Page 60769]]
and requires highly stable groundwater-dependent habitats and an
ecological dependence upon unchanging habitats in early life stages
(Rakes in litt. 2012). The species is short-lived (essentially an
``annual'') and becomes shorter-lived and extremely vulnerable to
population extirpation as water temperatures rise (Rakes in litt.
2012). Adults reproduce from January to October. Spawning begins in
March and April, when water quality parameters are within a suitable
range (pH of 6.0 to 7.7 and water temperatures of 57.2 to 68 degrees
Fahrenheit ([deg]F) (15 to 20 degrees Celsius ([deg]C)) (Sandel 2007,
p. 2; Mettee 2008, p. 36; Petty et al. 2011, p. 4). Spring pygmy
sunfish produce about 65 eggs, and hatching occurs from April to
September (Sandel 2004-2009, pers. observ.). Two spawning attempts per
year have been reported in captivity (Petty et al. 2011, p. 4). In
captivity, the spring pygmy sunfish may live slightly longer than 2
years, but normally their life span is 1 year or less (Boschung and
Mayden 2004, pp. 614-615). Compared to other pygmy sunfishes, spring
pygmy sunfish have the highest average number of eggs per spawn, but
the lowest percentage of egg survival, which increases the species'
vulnerability (Mettee 1974, p. 38).
Summary of Comments and Recommendations
In the proposed rule published on October 2, 2012 (77 FR 60180), we
requested that all interested parties submit written comments on the
proposal by December 3, 2012. We also contacted appropriate Federal and
State agencies, scientific experts and organizations, and other
interested parties and invited them to comment on the proposal. A
newspaper notice inviting general public comment was published in the
Huntsville Times on October 14, 2012. We did not receive any requests
for a public hearing. On April 29, 2013, we published a notice (78 FR
25033) reopening the comment period on the October 2, 2012, proposed
rule (77 FR 60180), announcing the availability of our DEA on the
proposed critical habitat designation, and requesting comments on both
the proposed rule and the DEA. This comment period closed on May 29,
2013.
During the comment periods for the proposed rule, we received a
total of 18 comments on the proposed listing of the spring pygmy
sunfish and proposed designation of critical habitat. In this final
rule, we address only the comments regarding the proposed listing of
this species, and we will address comments related to critical habitat
in the final critical habitat rule that will publish in the Federal
Register in the near future. All comments we received either expressed
an opinion on the proposed listing or provided additional background
information on the species including its habitat, threats, and/or its
conservation needs. Ten of the 18 commenters specifically commented on
the species' proposed listing as threatened. Two expressed opposition
to the listing, and the remaining eight supported the species' listing,
with six of these eight recommending an endangered designation instead
of the proposed threatened designation. Two commenters were affiliated
with a State agency (Geological Survey of Alabama), and all remaining
comments were received from nongovernmental organizations or
individuals. All substantive information provided during both comment
periods related to the listing decision has either been incorporated
directly into this final determination or is addressed below.
Peer Review
In accordance with our peer review policy published on July 1, 1994
(59 FR 34270), we solicited expert opinion from three knowledgeable
individuals with scientific expertise that included familiarity with
the spring pygmy sunfish and its habitat, biological needs, and
threats. We received responses from all three of the peer reviewers.
We reviewed all comments we received from the peer reviewers for
substantive issues and new information regarding the listing of the
spring pygmy sunfish. The peer reviewers generally concurred with our
methods and conclusions and provided additional information,
clarifications, and suggestions to improve the final rule. Two of the
three peer reviewers were in support of the listing, although they
recommended that we list the species as endangered. The third peer
reviewer provided additional information, clarification, and
suggestions to improve the final rule and remarked about the difficulty
in assessing the hydrology and groundwater issues in the area, but did
not specifically comment on the species' proposed listing. Peer
reviewer comments are addressed in the following summary and
incorporated into the final rule as appropriate.
Peer Reviewer Comments
This section focuses on comments from peer reviewers and our
responses to them. However, we have also included other public comments
in this section (referred to as ``other commenters'') if those comments
were related in topic to peer reviewer comments.
(1) Comment: Two of the three peer reviewers and two other
commenters stated that the species should be listed as endangered and
not as threatened. They stated that endangered status was more
appropriate for this species since it was confined to a single
population that is at risk of extirpation. They cited the establishment
of the current CCAA as insufficient justification for the proposed
threatened status due to threats to the species outside the boundaries
of the CCAA from the projected growth of the Huntsville area. In
addition, they noted that all protection afforded to the species
through the CCAA could be nullified as the landowner can opt to
terminate the CCAA with notice.
Our Response: The determination to list the spring pygmy sunfish as
threatened was based on the best available scientific and commercial
data on its status, the existing and potential threats to the species,
and current and proposed conservation measures through CCAAs (see
Summary of Factors Affecting the Species and Determination sections,
below). Though the spring pygmy sunfish is confined to a single
population, the protection afforded to the species and its habitat
through the established Belle Mina Farms CCAA ameliorates the current
threats to the species to the point that threatened status is
appropriate. The Belle Mina Farms CCAA provides protection for the
largest population of the species within the springhead and spring pool
of about 165 ac (66.8 ha) and 963 ac (390 ha) (88.5 percent) of the
recharge area. The middle section of the species' range, which is
downstream from Belle Mina Farms, is owned by two landowners who are
currently working with the Service to protect and manage their section
of habitat for the species through proposed CCAAs. These conservation
actions will reduce the severity of certain threats to the species
outlined under Factor A (see below) within the upper and middle
portions of the Beaverdam Spring/Creek and Moss Spring sites. The
remaining species' habitat in the lower reach of the Beaverdam Spring/
Creek system, though of lower quality, is federally owned and protected
within the Wheeler National Wildlife Refuge (NWR). We acknowledge that
large-scale residential and industrial development in association with
the growth of the City of Huntsville could pose a serious future threat
to the species and its habitat.
The Belle Mina Farms CCAA includes conservation measures to
minimize impacts to the species and its habitat
[[Page 60770]]
caused by livestock, chemical usage, stormwater runoff, deforestation,
development, and groundwater removal (see specifics under Factor A
discussion, below). Therefore, it reduces the immediacy of the threats
to the species and its habitat to the point where the spring pygmy
sunfish is not in danger of extinction (endangered). Rather, it is
likely to become endangered throughout all or a significant portion of
its range within the foreseeable future when considering the future
threats it faces from potential residential, commercial, and industrial
development in the vicinity and therefore, it meets the definition of a
threatened species under the Act (16 U.S.C. 1531 et seq.). We
acknowledge that landowners have the option to terminate CCAAs with
notice; however, our assessment is based on the protection this
agreement currently affords the species and its habitat.
(2) Comment: One peer reviewer commented that the case for
excessive groundwater usage was not documented sufficiently in the
proposed rule and the cause for low spring water levels has not been
demonstrated to be seasonally variable, the result of extraction, or a
combination of both. He further stated that basing species' habitat
vulnerability on general statements of groundwater occurrence,
recharge, and movement should be better documented with local data and
monitoring information if possible. Another individual commented that
there were no data to support the claim that groundwater withdrawal had
negatively affected the species.
Our Response: We reviewed available hydrological information (Erman
2002; Field and Sullivan 2003; Younger 2007; Likens 2009; Healy 2010)
in our assessment of threats to the species; this information included
local hydrological information such as The Geological Survey of
Alabama's (GSA) studies of caves in the Tennessee River Valley area
near the Beaverdam system (Moser and Rheams 1992, pp. 6-8; Rheams et
al. 1992, pp. 7-20) and Cook et al.'s (2013) recent study of the
recharge area of the Beaverdam Spring/Creek system. We have
incorporated information from these studies into appropriate sections
in this final rule.
The effects of pumping or diversion of springs and its negative
consequences to spring-dependent species, such as the spring pygmy
sunfish, are well documented in the literature (e.g., Williams and
Etnier 1982; Cooper 1993; Hubbs 1995; Kuhajda 2004; Likens 2009; see
Summary of Factors Affecting the Species, Factor A). Sandel (in Kuhajda
et al. 2009, pp. 16, 19) documented a negative relationship between
excessive pumping activities and degraded habitat in Beaverdam Spring
at Lowe's Ditch and in Horton and Thorsen springs. A 99-percent decline
of the spring pygmy sunfish population was estimated at Thorsen Spring
following water extraction and the resulting desiccation of vital
aquatic vegetation (see Summary of Factors Affecting the Species).
Information concerning the smaller springs within the system, i.e.
Moss, Thorsen, and Horton, along with Pryor Spring, which is unoccupied
by the species, indicates that groundwater and surface water
extraction, along with drought, contributed to the destruction of the
species' habitat (Sandel 2011, p. 6). Thus, based on the best
scientific and commercial information available on spring systems and
site-specific monitoring studies, we have determined that excessive
groundwater extraction poses a current and future threat to the spring
pygmy sunfish (see Summary of Factors Affecting the Species, Factor A).
However, subsurface groundwater movement in this region of Alabama is
quite complex, and more studies are needed. We agree that these
additional studies will increase our understanding of the hydrological
and biological dynamics of the spring system where the spring pygmy
sunfish occurs.
(3) Comment: One peer reviewer commented that potential threats
from chemical contaminants may be somewhat overstated based on
generalized watershed information taken from overview book sources.
Another individual commented that there were no data to support the
claim that pesticides and nitrification were threats to the species.
Our Response: The best available scientific and commercial data, as
presented in the Summary of Factors Affecting the Species section, on
the prevalence of contaminants within the Beaverdam Spring/Creek
watershed and their negative effects on aquatic organisms and
specifically on the spring pygmy sunfish, indicate that contaminants
have been a factor in the decline of the spring pygmy sunfish. Baseline
contaminant trend information has been collected for decades within the
Tennessee Valley surface and ground waters by the U.S. Geological
Survey, GSA, and other sources documenting the general negative impacts
of water quality contamination, whether from fertilizers or pesticides,
on aquatic organisms. Specific information on the Lower Tennessee River
Valley area concerning surface and groundwater contaminants, along with
the susceptibility of the aquifers to surface contaminants (Bossong and
Harris 1987; Hoos 1999; Kingsbury 1999; Hoos and Powell 2002; Kingsbury
2003; Powell 2003), was used to characterize groundwater aquatic
systems within the specific spring pygmy sunfish sites. Between 1999 to
2001, 35 pesticides and volatile organic compounds were detected in
wells and springs within the Lower Tennessee River Valley (Woodside et
al. 2004, pp. 1-2). Within the Eastern Highland Rim, the Beaverdam
Spring/Creek watershed was shown to have the highest annual crop
harvest, the highest total annual nitrogen use, the second highest
annual phosphorus use, and elevated pesticides in the groundwater
(Kingsbury 2003, p. 20; National Water Quality Assessment Program
(NAWQA) 2009a, b; Mooreland 2011, p. 2; Cook et al. 2013, pp. 17-20).
The concentration of nitrate as nitrogen and total phosphorus found in
Beaverdam Spring was 2.77 milligrams per liter (mg/L), and 0.061 mg/L
respectively, which is four and 1.7 times above the upper limit for
wildlife protection set by the State of Alabama (Cook et al. 2013, pp.
17-19). Pesticides were likely the causative factor in the extirpation
of the Pryor Springs population, which began its decline after the
application of the pesticide 2,4-dicholorophenoxyactic acid (2,4-D) to
that area in the 1940s (Jandebeur 2012c, pp. 1-18).
(4) Comment: One peer reviewer commented that statements derived
from general knowledge and field observation over short periods of time
and presented as fact reveal a bias in the proposal about damage to
(and status of) spring pygmy sunfish.
Our Response: We thoroughly reviewed all available scientific and
commercial data in preparing the proposed rule and in completion of
this final rule. We sought and reviewed historical and recent
publications and unpublished reports concerning the spring pygmy
sunfish as well as literature concerning springs and threats to these
systems. This included reliable unpublished reports, non-literature
documentation, and personal communications with experts. We have
incorporated the most current and historical scientific information
available concerning the habitat and natural history of the species
(see ``Species Information'' in Background section, above). Studies
over the last decade have documented negative changes in the habitat
and overall populations of the species (Sandel 2007, 2008, 2009, 2011;
Jandebeur 2011a, 2012a). The proposed rule was reviewed by the public,
which also included a peer review by three experts according
[[Page 60771]]
to our policy (see Peer Review section, above). The other two peer
reviewers, while providing additional information on habitat, life
history, and threats, agreed that our threat assessment supported our
decision to list this species, though they stated endangered status was
more appropriate (see Comment 1). In short, we based our decision on
the best scientific and commercial data available, as required by
section 4(b)(1) of the Act.
(5) Comment: One peer reviewer commented that sampling may be
inadequate relative to technique and method or insufficient in scope to
adequately assess population size and distribution. Another individual
stated that documented population declines were questionable and were a
reflection of inadequate sampling methods.
Our Response: Relative abundance of spring pygmy sunfish estimated
by catch-per-unit-effort (CPUE), the method that was employed, is a
standard metric in biological surveys and is an approved method by the
American Fisheries Society for estimating fish abundance (Murphy and
Willis 1996, pp. 158-159), as is comparing this information through
time at various collection sites. The information gathered during the
field work is of sufficient extent and duration to document the rarity
of the spring pygmy sunfish and its population decline and adheres to
the information standard in section 4(b)(1) of the Act, as the use of
the best scientific and commercial data available.
Comments From States
Section 4(i) of the Act states, ``the Secretary shall submit to the
State agency a written justification for his failure to adopt
regulations consistent with the agency's comments or petition.'' We
received two comments from individuals who are employees of a State
agency. One of these individuals was also a peer reviewer of the
proposed rule (see Peer Reviewer Comments section, above). Both
provided additional information on the species' habitat and threats,
which has been incorporated into this final rule, and neither stated a
position on the proposed listing of the spring pygmy sunfish as
threatened.
Public Comments
General Comments Issue 1: Science
(6) Comment: One individual commented that the listing of the
spring pygmy sunfish is not supported by the best science and is not
warranted. Service policy requires that peer-reviewed literature be
considered scientifically superior. The Service based its proposed
listing on information from the petition, which is scientifically
unreliable since it consisted of unconfirmed information and personal
observations. The Service should not base listing decision on potential
threats that are pure speculation. Peer-reviewed literature and other
data do not support a listing.
Our Response: See our responses to Comments 1, 2, 3 and 4, above.
Under the Act, we determine whether a species is endangered or
threatened due to any of the five factors (see Summary of Factors
Affecting the Species, below), and we are required to make listings
determinations on the basis of the best available scientific and
commercial data available (16 U.S.C. 1533(a)(1) and (b)(1)(A)). The
Service reviews and uses information on the biology, ecology,
distribution, abundance, status, and trends of species, as well as
information on current and potential threats, from a wide variety of
sources as part of our responsibility under the Act. Some of this
information is anecdotal, some of it is oral, and some of it is found
in written documents. These documents include status surveys,
biological assessments, and other unpublished material (i.e., ``gray
literature'') from State natural resource agencies and natural heritage
programs, Tribal governments, other Federal agencies, consulting firms,
contractors, and individuals associated with professional organizations
and higher educational institutions. We also use published articles
from juried (peer-reviewed) professional journals whenever available.
All decisions are made on the basis of the best scientific and
commercial data available and are subject to extensive internal review
as well as external peer review by recognized authorities to help
ensure that our decisions conform to contemporary scientific
principles. We have incorporated the most current and historical
scientific and commerical data available concerning the habitat and
natural history of the species (see Background section, above). Our
determination of threatened status for this species is supported by the
information presented in our Summary of Factors Affecting the Species
discussion, below, and complies with the Act's requirement to base our
decision on the basis of the best scientific and commercial data
available. We have also complied with our policy on peer review (59 FR
34270) as discussed under the Peer Review section above.
(7) Comment: One individual stated that our assertion that the
spring pygmy sunfish occupies only 5 river miles of Beaverdam Creek is
speculative and contradicted by prior research. It is unknown if the
species has been extirpated from Pryor Springs, and based on previous
surveys, Wheeler NWR contains numerous areas populated by the spring
pygmy sunfish. Surveys to date have been limited to unaltered spring
runs with filamentous, submergent vegetation. The habitat and range of
spring pygmy sunfish is broader and more diverse, as there is
documented evidence of sustained populations in areas of differing
water qualities such as beaver dam impoundments, creek banks, and lake
backwaters. Exploration of all potential habitats is needed to
establish the range of the species and undertake any listing decision.
Our Response: Our determination that the spring pygmy sunfish's
range is restricted to approximately 6 miles of Beaverdam Creek is
supported by the best scientific and commercial data available as
required under section 4(b)(1) of the Act. This species was
historically known from three independent tributaries of the Tennessee
River: Cave Spring, Pryor Spring/Branch, and Beaverdam Spring. The Cave
Spring population was extirpated in 1934, and the Pryor Spring/Branch
System population was extirpated in the 1940s. Reintroduction efforts
into Pryor Spring in the 1980s were ultimately unsuccessful, as the
species has not been observed in this system since 2007 (see
``Historical Distribution and Status'' in the Background section,
above). All of these spring habitat localities shared similar
biological and physical parameters (see ``Habitat'' in Background
section, above). This type of habitat is rare today, as these systems
were mostly developed to meet demand for public water supply and
irrigation. In fact, Beaverdam Spring is the only remaining large
spring in north Alabama that has not been similarly developed (see
Summary of Factors Affecting the Species section, below). Extensive
fish surveys within Limestone and Madison Counties in related spring
systems with similar vegetation structure as in Beaverdam Spring, and
also in different aquatic spring-related habitats, have not located any
additional spring pygmy sunfish localities (Caldwell 1965; Armstrong
1967; Jandebeur 1979; Mettee and Pulliam 1986; Etnier 1990; Shute 1994;
Jones 1995; Larson 1995; Mayden et al. 1995; Jandebeur 1997, 2011a;
Sandel 2008, 2009, 2011). Though the species has been found in some
habitats that have been altered from their original natural condition,
[[Page 60772]]
such as a beaverdam, there is no evidence that these are sustaining
populations. To the contrary, the latest data reported by Sandel (2011,
p. 6), for collections within the spring pygmy sunfish's current range
between 2005 to 2010, indicate declines in all known populations
including Beaverdam Creek, and Moss, Horton, and Thorsen Springs. The
spring pygmy sunfish was last documented to occur on the Wheeler NWR
approximately 20 years ago in 1993; thus, we consider this area in the
lower range of Beaverdam Spring/Creek system to be part of the
historical range. Based on our review of the best available scientific
and commerical data, including analysis of the species habitat and
previous status surveys, the surveys for the species have been
appropriate and have confirmed its rarity, vulnerability, and range.
(8) Comment: One commenter postulated that mechanical disturbance
and siltation actually benefit the spring pygmy sunfish. He stated that
the spring pygmy sunfish tolerates and thrives where there has been
substantial modification to the spring habitat through agricultural and
animal husbandry practices as evidenced by its long-term coexistence
with cattle.
Our Response: There is no information or evidence to support the
premise that the species thrives in habitat modified by livestock or in
areas with siltation and disturbance. The best available scientific and
commercial data indicate that habitat alteration has been a causative
factor in the decline of the spring pygmy sunfish. The species is known
in greatest numbers from the spring head of Beaverdam Spring/Creek,
where there is no livestock impact and no evidence of problems with
excessive sedimentation. The spring pygmy sunfish may be able to
tolerate some degree of habitat and water quality modification for
short periods of time and may be able to reestablish themselves given
improved conditions. However, livestock impacts to aquatic habitat are
well-documented in the scientific literature, and suspended sediments,
which are stressors to aquatic organisms, are typically increased in
aquatic habitats used by livestock. Excessive sediment directly impacts
fish health and decreases water clarity, which reduces light
penetration needed for plant growth and indirectly results in impacts
to fish, and in particular, the spring pygmy sunfish's spawning and
feeding sites (see Summary of Factors Affecting the Species, Factor A
section).
(9) Comment: One individual commented that there are no data to
support a metapopulation hypothesis for the spring pygmy sunfish.
Our Response: The best scientific and commercial data available
support our conclusion that the spring pygmy sunfish exhibits
metapopulation structure within the Beavedam Spring/Creek system.
Studies by Sandel (2008, pp. 15-16; 2011, p. 8) found that the spring
pygmy sunfish population in Beaverdam Spring/Creek is composed of
isolated populations within the spring pools and spring runs, and that
the individual spring pygmy sunfish populations are intermittently
connected via migration and recolonization after local extinction
events. This population structure is consistent with the definition of
metapopulations (see ``Historical Distribution and Status'' in
Background section, above).
(10) Comment: One individual stated that the Service's assertion
that the spring pygmy sunfish is a separate and distinct species is
questionable.
Our Response: We disagree. The commenter did not provide any data
to support his statement. The best scientific and commercial data
indicate that the spring pygmy sunfish is a distinct, well-described
taxon. We are not aware of any disagreement within the scientific
community concerning its taxonomic status (see ``Taxonomy and Species
Description'' in Background section, above).
(11) Comment: One individual stated that we characterized water
withdrawal for irrigation usage incorrectly for the Beaverdam Spring
system, and we should have used information that presents water
quantity issues, withdrawal rates, water volume usage, and specific
connectivity among the various water features of the spring system.
Our Response: We agree that more detailed studies would contribute
to a better understanding of water withdrawal usage in the Beaverdam
Spring system. However, in accordance with the information standard
under section 4(b)(1) of the Act, we used the best scientific and
commercial data available in assessing water extraction usage in the
Beaver Spring/Creek system. We gathered water extraction information
from the Limestone County Water and Sewer Board, along with information
from a recent initial assessment of the aquifer and recharge area by
GSA (Cook et al. 2013, entire). As discussed in the Summary of Factors
Affecting the Species section of this rule, commercial water withdrawal
from the aquifer by the Limestone County pumping station, between 2006
and 2011, was over 1 billion gallons (3.9 billion liters) at an
estimated flow rate of 450 gpm (1,740 lpm) (Holland 2011, pers. comm.).
Groundwater withdrawal by the cities of Huntsville and Madison (east of
the spring pygmy sunfish habitat), and the adjacent rural population,
is estimated at 16 million gallons per day (62 million liters per day)
(Hoos and Woodside 2001, p. 1; Kingsbury 2003, p. 2; Sandel 2007-2009,
pers. comm.). Negative impacts to the spring pygmy sunfish from
excessive ground water extraction are discussed in the Summary of
Factors Affecting the Species section, below, and also in our response
to Comment 2, above.
General Comments Issue 2: Procedural and Legal Issues
(12) Comment: One individual commented that the Service must not
only examine and evaluate the raw data but must also make those data
available to others. Internal materials relied upon by the Service have
not been made available for public review.
Our Response: Complete lists of references, including unpublished
information, cited in the proposed rule (77 FR 60180; October 2, 2012)
and in this final rule are available on the Internet at http://www.regulations.gov at Docket No. FWS-R4-ES-2012-0068 and upon request
from the Mississippi Ecological Services Field Office (see ADDRESSES,
above). In addition, as stated in our proposed rule, all supporting
documentation used in preparing the proposed rule was available upon
request and for public inspection, by appointment, at the U.S. Fish and
Wildlife Service, Mississippi Ecological Services Field Office. All
supporting documentation used in our rulemakings is a matter of public
record; however, the number of sources referenced is often voluminous.
Therefore, it is not possible for us to post all information sources
used on the Internet.
(13) Comment: One individual commented that listing was unnecessary
in light of the current and proposed CCAAs and that these agreements
are more successful at protecting the species than listing. Threats to
the species can be alleviated through less restrictive means such as
the use of best management practices (BMPs).
Our Response: We agree that CCAAs are a cooperative mechanism to
manage and protect the spring pygmy sunfish. The CCAA (Belle Mina
Farms) developed for the species identifies BMPs that adequately
protect the species and its habitats from current land use practices
within the areas enrolled in the CCAA. The two
[[Page 60773]]
proposed CCAAs also identify similar BMPs. However, the conservation
actions in the current and proposed CCAAs do not remove the threats to
the species and its habitat to the point that listing is not necessary,
especially when considering probable and potential impacts from planned
residential and industrial development. In the Summary of Factors
Affecting the Species and Determination sections, below, we discuss our
analysis of the threats to the species weighed against the benefits
provided through the current and proposed CCAAs. The primary threat to
the species is from habitat modification (Factor A), most notably the
large-scale industrial and residential development planned adjacent to
this species' habitat, which has the potential to impact the hydrology
and other aspects of the spring system. The use of BMPs outlined in the
CCAAs are important measures in conserving the spring pygmy sunfish,
particularly considering the current agricultural land use within the
watershed. However, when land use changes to industrialization and
urbanization, as is likely in this area, the standard BMPs from the
CCAAs are inadequate to address the complex issues such as aquifer
recharge, stormwater management, and chemical transport in association
with development. In addition, there may be activities associated with
the increased development, such as roadways and utility (e.g., water,
sewer, and electrical) corridors outside of the landowner's control,
that have the potential to impact land enrolled in the current and
proposed CCAAs. Therefore, the spring pygmy sunfish needs the
protection afforded to federally listed species under sections 7 and 9
of the Act to ensure its conservation.
(14) Comment: The Service does not have authority to take action
for a purely intrastate species such as the spring pygmy sunfish. It is
questionable if the Federal government can regulate such a species
under the Commerce Clause of the U.S. Constitution. An action listing
the spring pygmy sunfish is beyond the powers afforded to the Service
and Federal Government.
Our Response: The constitutionality of the Act in authorizing the
Services' protection of endangered and threatened species has
consistently been upheld by the courts (e.g., GDF Realty Investments,
Ltd. v. Norton, 326 F.3d 622 (5th Cir. 2003); Gibbs v. Babbitt, 214
F.3d 483 (4th Cir. 2000); National Association of Homebuilders v.
Babbitt, 130 F.3d 1041 (D.C. Cir. 1997), cert. denied, 524 U.S. 937
(1998); Rancho Viejo v. Norton, No. 01-5373 (D.C. Cir. 2003); and
United States v. Hill, 896 F. Supp. 1057 (D. Colo. 1995). All of these
courts have held that regulation under the Act to protect species that
live only in one State is within Congress' Commerce Clause power and
that loss of animal diversity has a substantial effect on interstate
commerce (National Ass'n of Home Builders, 130 F.3d at 1050-51; see
Rancho Viejo, 323 F.3d at 310, n. 5). Thus, although the spring pygmy
sunfish is currently known to occur only within the State of Alabama,
the Service's application of the Act to add this species to the Federal
List of Endangered and Threatened Wildlife is constitutional.
Summary of Changes From Proposed Rule
In response to comments, we have incorporated additional
information pertaining to this species' conservation, life history, and
habitat as provided by the peer reviewers and others. Specifically, we
added new information on the hydrology of the Beaverdam Spring/Creek
watershed into the Background and Summary of Factors Affecting the
Species sections of this rule. In addition, we have edited our threat
discussion under the Summary of Factors Affecting the Species section
and most notably added new information pertaining to the proposed
industrialization of the Beaverdam Spring/Creek watershed under the
Factor A discussion.
Summary of Factors Affecting the Species
Section 4 of the Act and its implementing regulations (50 CFR 424)
set forth the procedures for adding species to the Federal Lists of
Endangered and Threatened Wildlife and Plants. 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) of the Act: (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. Listing actions may
be warranted based on any of the above threat factors, singly or in
combination. Each of these factors is discussed below.
Factor A. The Present or Threatened Destruction, Modification, or
Curtailment of Its Habitat or Range
Increased human population growth in Limestone County of over 20
percent between the 2000 and 2010 census (Hill in litt. 2013), and the
accompanying demand for water could alter the Beaverdam Spring/Creek
system and its recharge areas through increased water extraction
(pumping), diversion, and retention (Erman 2002, p. 8; Cook et al.
2013, pp. 33-34). Because springs provide shelter, thermal refuge,
breeding sites, movement corridors, and prey source habitat for the
spring pygmy sunfish, the species is dependent on water quantities
sufficient to provide spring habitat that is stable and permanent
(Erman 2002, p. 8). Within the spring pygmy sunfish range, the
Beaverdam Spring pool area, which has the greatest concentration of
spring pygmy sunfish, is the least disturbed of all springs in the
system. Moss, Thorsen, and possibly Horton Springs, which have been
altered in some manner over the last 60 plus years, were allowed to
recover and stabilize; however, these springs support lower numbers of
the species than Beaverdam Spring. The condition of Pryor Springs and
spring run continued to deteriorate over time (Sandel 2008, pp. 1-31;
2011, pp. 1-3, 1-11; Jandebeur 2012c, pp. 15-16; 2013, pp. 2-5) to the
eventual demise of the species at this site in 2007.
Urban and Industrial Development
The history of development of large springs does not inspire
confidence that the Beaverdam Spring environs will be conserved as a
natural ecosystem (Jandebeur 2012a, p. 22). Groundwater-fed habitat
suitable for the spring pygmy sunfish was historically more prevalent
across the Tennessee Valley region of north Alabama than today, as
these systems were mostly developed to meet demand for public water
supply and irrigation, as well as recreational parks (Jandebeur 2012a,
p. 1). Except for Beaverdam Spring, there are no large springs
remaining in Lauderdale, Limestone, or Madison County that have not
been developed for private or municipal use (Jandebeur 2012a, p. 22).
Urban development adjacent to the Beaverdam Spring/Creek system
could fragment and directly impact suitable spring pygmy sunfish
habitat by decreasing water quality and quantity, changing the aquatic
vegetation structure, and limiting the species' movement throughout the
system. When an area is urbanized, many impermeable surfaces are
constructed such as roofs, pavements, and road surfaces. All are
intentionally constructed to be far less permeable than natural soils
and to remove stormwater quickly, which results in a reduction in
direct recharge into the aquifer, increased stormwater
[[Page 60774]]
runoff (Younger 2007, p. 39), acute and chronic changes in water
quality parameters such as decreased oxygen levels, increased
temperature, concentrations of toxic heavy metals or other molecules
(Cooper 1993, pp. 402-406; McGregor and O'Neil 2011, pp. 5-15; Cook et
al. 2013, pp. 33-34), and increased water quantity and flow velocity
(Field and Sullivan 2003, pp. 326-333).
The stormwater flow velocity carries sediments that may scarify
(make scratches or cuts in) rock and gravel substrates (Waters 1995,
pp. 57, 66) and uproot aquatic vegetation, thereby destroying important
foraging, spawning, and refuge habitat for the species (Field and
Sullivan 2003, pp. 326-333). Excessive sediment has been shown to wear
away and suffocate periphyton (organisms that live attached to objects
underwater), disrupt aquatic insect communities, and negatively impact
fish growth, physiology, behavior, reproduction, and survival (Waters
1995, pp. 109-118). Fish gills are delicate and easily damaged by fine
sediment. As sediment accumulates in the gills, fish respond by
excessively opening and closing their gills to try to remove the silt.
If irritation continues, mucus is produced to protect the gill surface,
which may impede the circulation of water over gills and hence
interfere with respiration. Under extreme or prolonged exposure to
sediments, fish may actually die due to physically damaging and
clogging their gills (Berg 1982, pp. 177-195).
The spring pygmy sunfish is currently facing threats from ongoing
development and from planned large-scale residential and industrial
projects within the vicinity of the Beaverdam Spring/Creek watershed
(Bostick and Davis 2013, pers. comm.; Hill in litt. 2013). Sandel
(2011, p. 11) observed declines in the species' population numbers and
attributed it to sedimentation from two nearby construction activities:
the construction of a new sewer line adjacent to the spring system and
the ongoing construction of the Ashbury subdivision 2.3 mi (3.7 km)
northeast of the species' habitat. The Ashbury subdivision, adjacent to
Moores Branch and draining into the upper Beaverdam Spring/Creek
watershed, filled adjacent wetlands when residential housing, roads,
utility crossings, and stormwater drains were constructed (U.S. Army
Corps of Engineers 2011, pp. 1-6).
The City of Huntsville's Master Plan for Western Annexed Land
(Sasaki 2011, pp. 1-83) proposes developing a total of 10,823 ac
(4,379.9 ha) adjacent to spring pygmy sunfish habitat. More than 68
percent of the proposed development area is adjacent to the Beaverdam
Spring/Creek watershed and consists of four major industrial sites
encompassing approximately 4,000 ac (1,619 ha) (Bostick and Davis 2013,
pers. comm.). The Huntsville Master Plan would cover much of the known
recharge area with residential, commercial, and industrial development
(Jandebeur 2012a, p. 20). The restricted-use area for subdivision
development, within the City of Huntsville, is a minimum of 25 ft (7.6
m) from the perimeter of a perennial spring. However, no restrictions
are set forth for ephemeral springs or seasonal groundwater seepages
(City of Huntsville 2007, p. 28), which include many of the ephemeral
springs, seepages, and streams draining into the Beaverdam Spring/Creek
watershed. These features are necessary for maintenance of seasonal
flow rates. Filling them or converting them to developed areas could
therefore adversely affect the spring pygmy sunfish. In addition, there
are roads proposed to connect the planned developments with the
Interstate 65 and Interstate 565 corridors (Sasaki 2011, pp. 1-83),
along with feeder roads and improvements on primary and secondary
existing roadways in support of new residential and industrial projects
(Sasaki 2011, pp. 1-83; Hill in litt. 2013). Developed, paved-over
areas (impervious substrate) promote runoff and inhibit infiltration,
changing water flow rates from slow and incremental to fast and
localized, because stormwater is directed via surface routes into
specific areas of the receiving stream, rather than infiltrating into
the soil or draining naturally into surface water.
Pumping or diversion of springs creates unstable conditions for
spring-dependent species such as the spring pygmy sunfish through
fluctuating water levels and temperature changes (Williams and Etnier
1982, pp. 11-18; Hubbs 1995, pp. 989-990; Kuhajda 2004, pp. 59-63). The
incremental and cumulative groundwater recharge effects on the habitat
of the spring pygmy sunfish may not become evident for years (Cooper
1993, pp. 402-406; Likens 2009, p. 90). Within north Alabama, the
availability of large quantities of groundwater from springs has been
an important factor in industrial and urban development (Warman and
Causey 1963, p. 93). It is estimated that, by 2015, the population in
Limestone and Lauderdale Counties will increase dramatically (Roop
2010, p. 1; Hill in litt. 2013), along with expanding urbanization and
industrialization (Sasaki 2011, pp. 1-83). The potential over-
development of groundwater resources, especially in the recharge areas
for Beaverdam Spring, Moss Spring, and the Beaverdam Creek, raises
concerns about the potential loss of groundwater-fed habitat essential
to the only remaining population of the species (Jandebeur 2012a, p.
20-21).
The Fort Payne Chert of the Early Mississippian Age is the
principal aquifer of spring pygmy sunfish habitat and provides
groundwater to all of Limestone County (McMaster and Harris, Jr. 1963,
p. 1; Cook et al. 2013, pp. 3-7). Groundwater in the County is
ultimately derived from percolation of precipitation (McMaster and
Harris, Jr. 1963, p. 17; Cook et al. 2013, pp. 3-13) into the aquifer
system. In urban settings, percolation of rainwater to the aquifer may
be disrupted due to less pervious zones and more shunting of rainfall
into stormwater systems (Younger 2007, pp. 117-121; Healy 2010, pp. 70-
72). Change in land use from rural to urban/industrial (Bostick and
Davis 2013, pers. comm.) within the Beaverdam Spring/Creek area could
be detrimental to the spring pygmy sunfish due to negative changes in
the water quality parameters such as oxygen and temperature, along with
changes in water quantity, such as increased stream flow and velocity,
due to increased amounts of impervious materials and associated
stormwater runoff in the watershed (Cook et al. 2013, pp. 33-34). This
may be coupled with a subsequent reduction in precipitation
infiltrating through the soil surface to the aquifer, which will
ultimately reduce spring base flow (Field and Sullivan 2003, pp. 326-
333; Healy 2010, p. 3).
Water Quantity
Excessive groundwater extraction from the aquifer supplying
Beaverdam Spring/Creek is a threat to the spring pygmy sunfish (Drennen
2007-2011, pers. observ.; NAWQA 2009a,b; Sandel 2011, pp. 3-6) because
of the reduction of the water levels in the aquifer and resultant
decreased spring outflow (Williams and Etnier 1982, pp. 11-18; Hubbs
1995, pp. 989-990; Kuhajda 2004, pp. 59-63; Cook 2011, pers. comm.).
Sandel (in Kuhajda et al. 2009, pp. 16, 19; 2011, pp. 3-6) documented a
relationship between pumping activities in Beaverdam Spring (Lowes
Ditch) area, and Horton and Thorsen Springs, and degraded spring pygmy
sunfish habitat. Even though Moss Spring has never been directly pumped
(Sewell in litt. 2013), the water extraction of the Beaverdam Spring
area, specifically at Lowes Ditch, may have impacted Moss Spring water
levels
[[Page 60775]]
(Sandel 2011, pp. 6) and aquatic vegetation (Drennen pers observ.
2011). In Thorsen Spring, during 2007, water was extracted to a level
that, in conjunction with the drought, destroyed vital aquatic
vegetation and decreased the abundance of the spring pygmy sunfish by
99 percent (Sandel 2004-2009, pers. observ.; Sandel 2011, p. 6). The
proximity of the spring pygmy sunfish's habitat to agricultural land
throughout its range makes it vulnerable to drought and associated
impacts due to the extraction of groundwater and surface water for
agricultural uses (Cooper 1993, pp. 402-406). Sandel (in Kuhajda et al.
2009, pp.16, 19) roughly estimated that up to 16,000 gpm (62,000 lpm)
of water was extracted from the Beaverdam Spring/Creek watershed for
agricultural purposes during drought conditions during the 2008 growing
season. He further noted in the field that this level of withdrawal
desiccated and killed aquatic vegetation necessary for the spawning,
foraging, and shelter of the species.
Commercial water withdrawal from this same aquifer by the Limestone
County pumping station, between 2006 and 2011, was over 1 billion
gallons (3.9 billion liters) at an estimated flow rate of 450 gpm
(1,740 lpm) (Holland 2011, pers. comm.). Groundwater withdrawal by the
cities of Huntsville and Madison (east of the spring pygmy sunfish
habitat), and the adjacent rural population, is estimated at 16 million
gallons per day (62 million liters per day) (Hoos and Woodside 2001, p.
1; Kingsbury 2003, p. 2; Hutson et al. 2005; Sandel 2007-2009, pers.
comm.). Withdrawal of groundwater by pumping, at high levels such as
those above, especially during drought conditions, can cause changes to
water budgets (Healy 2010, p. 15) and the natural flow of spring
systems (Alley in Likens 2009, p. 91). Pumping from wells beside
streams also lowers groundwater levels and reduces surface water flow
within streams and spring runs. In smaller streams, decreased flow
caused by pumping can be large enough to create harmful effects upon
the stream and its wildlife (Hunt 1999, pp. 98-102). Water extraction
by pumping also causes a loss of aquifer storage and lowers the
pressure in the aquifer (Theis 1935, p. 519), resulting in decreased
spring flow velocity and quantity to adjacent streams. These reductions
in the natural flow regime may adversely affect the spring pygmy
sunfish.
In several large springs in the United States, groundwater
extraction for public consumption and agricultural use has impacted
federally listed fish species by decreasing groundwater levels.
Examples include the endangered Devil's Hole pupfish (Cyprinodon
diabolis) (Hoffman et al. 2003, p. 1248) and the endangered fountain
darter (Etheostoma fonticola) (U.S. Fish and Wildlife Service 1996, p.
19). The whiteline topminnow (Fundulus albolineatus) (Gilbert 1891),
once endemic to Big Spring and Spring Creek, in Huntsville, Madison
County, was determined to be extinct in 1971, due to over-pumping,
cementing-over of streambank vegetation, and impoundment of the spring
pool (Williams and Etnier 1982, pp. 10-11). Severe or excessive water
extraction, along with drought in spring pygmy sunfish habitat, to the
point that normal water levels may drop for a sustained time period,
can cause desiccation, reduction, or change of essential aquatic
vegetation necessary for the survival of the species (Sandel 2011, p.
6). A reduction in water quantity also exacerbates the concentration of
pollutants that may have both an acute and a chronic negative impact on
the species and its habitat (Cooper 1993, pp. 402-406).
The effects of water extraction on stream flow, in combination with
drought, may be greater due to the overall decrease in water quantity
in the stream. Decreased water levels, following pumping from the
spring pool, correspond to decreased aquatic vegetation in the system.
Less water quantity increases the dessication of vegetation, which may
negatively impact the species (Jandebeur 1979, pp. 4-8; Mayden 1993,
pp. 11-12) by reducing the vegetative cover and contributing to
eutrophication of the water, as demonstrated by spring pygmy sunfish
habitat impacts and subsequent population declines in Horton and
Thorsen Springs (Sandel 2004-2009. pers. observ.; 2011, pp. 3-6).
Duncan et al. (2010, pp. 18-20) showed a correlatation between the
abundance of the endangered watercress darter (Etheostoma nuchale) in a
similar spring system in Jefferson County, Alabama, to the abundance
and diversity of aquatic vegetation.
Water Quality
The historical intensive use of chemicals within the Lower
Tennessee River Valley in Alabama, including agricultural areas close
to the Beaverdam Spring/Creek watershed and the recharge areas, may be
a potential threat to the species. Contaminant transport occurring with
sediment in surface stormwater runoff, or resulting from agricultural
runoff, can enter the spring pool and spring run directly without first
entering the groundwater. During 1999-2001, 35 pesticides and volatile
organic compounds such as tetrachloroethylene and trichloroethylene
were detected in wells and springs within the Lower Tennessee River
Valley (Woodside et al. 2004. pp. 1-2). Increased toxic concentrations
of herbicides coupled with increased desiccation of aquatic vegetation
due to drought (Jandebeur 2012c, pp. 1-6, 13) may have contributed to
the demise of the Pryor Spring/Branch population of the spring pygmy
sunfish.
The ongoing, intensive agricultural practices and proposed
urbanization and industrialization plans (Bostick and Davis 2013, pers.
comm.; Hill in litt. 2013) within the immediate area of the watershed
threaten to contaminate the groundwater in the aquifer supplying the
Beaverdam Spring/Creek system (Healy 2010, p. 70). Along with volatile
organic compounds, general-use pesticides applied along road and power
line rights-of-way in urban areas to control woody vegetation and weeds
(tebuthiuron and prometon) were detected in wells in Lower Tennessee
River Valley aquifers between 1999-2001 (Woodside et al. 2004, pp. 16-
20). Transportation of contaminants to the aquifer by recharge water
can be slow and steady or highly episodic over time (Healy 2010, p.
75).
Fertilizers and pesticides are transported to the aquifer by
recharge, or into surface stormwater routes, where they eventually
enter springs and are a threat to the survival of fishes found there
(Carson 1962, pp. 41-43; U.S. Fish and Wildlife Service 1996, pp. 35-
36; Hoffman et al. 2003, p. 1248). Toxins can concentrate when spring
flow is reduced, posing an even greater threat to spring fishes. The
Beaverdam Spring/Creek watershed has the highest annual crop harvest,
the highest total annual nitrogen use, and second highest annual
phosphorus use, along with elevated pesticide usages detected in
groundwater, within the Eastern Highland Rim (Kingsbury 2003, p. 20;
NAWQA 2009a,b; Mooreland 2011, p. 2; Cook et al. 2013, pp. 17-18). Both
the historical and extant spring pygmy sunfish populations in Limestone
County (Beaverdam Spring/Creek, Pryor Springs) are within the Wheeler
Lake Basin (southern boundary of Limestone County), where Tsegaye et
al. (2006, pp. 175-176) found that rapid urbanization, with associated
decrease in agricultural land cover, is likely responsible for water
quality degradation in streams from non-point source phosphorus
pollution. Natural background levels of phosphorus in groundwater are
normally low (Wetzel 1983, p. 281; Cook et al. 2013, pp. 18). However,
[[Page 60776]]
urbanization increases the amount of phosphorus from residential
fertilizers and storm sewer drainage (Wetzel 1983, p. 281) that may
enter groundwater recharge areas. Phosphorus limits biological
productivity (Wetzel 1983, p. 255) by impacting organismal metabolism.
Nitrogen also impacts aquatic life. For instance, un-ionized ammonia
(which contains nitrogen) is highly toxic to fish (Hoffman et al. 2003,
p. 681). The planned housing and industrial development neighboring
spring pygmy sunfish habitat is likely to increase phosphorus and
nitrogen levels in the future. Surface water contamination sources are
typically nitrate (from fertilizer and animal waste), bacteria, and
urban runoff (runoff from yards and asphalt that has heavy metals and
pesticides/herbicides). Ground water in karst areas is impacted by
surface water with these same contaminants (Tennessee Department of
Environment and Conservation 2012, p. 9; Cook et al. 2013, pp. 17-19).
The concentration of nitrate as nitrogen and total phosphorus found in
Beaverdam Spring was 2.77 mg/L, and 0.061 mg/L respectively, four and
1.7 times above the upper limit for wildlife protection (Cook et al.
2013, pp. 17-19). McGregor et al. (2008, pp. 5-20) found that increased
urbanization around Matthews and Bobcat Caves, about 8 mi (12.9 km)
east of Beaverdam Creek watershed, will likely affect the ground water
and population abundance of the federally endangered Alabama cave
shrimp (Palaemonias alabamae).
Specific aquatic plants, which the spring pygmy sunfish uses for
spawning, shelter, and foraging, are also impacted by indiscriminate
use of chemicals (Sandel 2011, pp. 1-5, 8-9; Jandebeur 2012c, p. 2).
Since 1945, herbicide usage, cattle grazing, and irrigation have
occurred throughout the spring systems and waterways that are habitat
for this species (Jandebeur 1979, pp. 4-8). Aquatic vegetation
management within Thorsen Spring, Horton Spring, and the Pryor Spring/
Branch system has removed the spring pygmy sunfish's shelter
vegetation, egg substrate, and food sites (Jandebeur 1979, pp. 4-8;
Mayden 1993, p. 9; Jandebeur 2012d, p. 1-10). Agricultural chemical
contamination results in sublethal toxic effects in fish species,
affecting the immune system, hormone regulation, reproduction, and
developmental stages (Hoffman et al. 2003, pp. 1056-1063, 1242). The
spring pygmy sunfish's negative response to herbicides (Hoffman et al.
2003, p. 1242) is documented by the subsequent reduction and eventual
loss of the population in Pryor Branch after the application of 2, 4-
dichlorophenoxyacetic acid (2,4-D) to that area in the 1940s (Jandebeur
2012d, pp. 1-18). This herbicide is toxic to fish and aquatic
invertebrates and has properties and characteristics associated with
chemicals generally detected in groundwater contamination. Decaying
vegetation caused by the application of this herbicide also impacts
fishes by reducing dissolved oxygen levels (Environmental Protection
Agency (EPA) Material Safety Data Sheet, undated, pp. 1-3).
Many of the same chemicals used in large-scale agricultural
practices are also used by municipal entities, including urban and
rural households. Stormwater runoff from city streets, construction
sites, and storm sewers; household wastes; and leachate from septic
tanks and landfills alter the sediment load in aquatic systems and
deposit contaminants into surface and groundwater sources (Likens 2009,
p. 90). Water quality degradation from chemicals will increase with the
expected increase in urbanization and industrialization of the area.
Overgrazing by livestock is a major threat to springs, especially
where animals have free range through spring systems and wetlands. Cows
tend to congregate in wetland areas, where they consume and trample
vegetation, thereby reducing shade around the spring and increasing the
water temperature. Livestock also trample banks in springs and spring
runs, leading to increased stormwater and sediment runoff, which
eliminates habitat for invertebrate prey species (Sada et al. 2001, pp.
14-16; Erman 2002, p. 8). Excessive sediment runoff during stormwater
events decreases water clarity, which reduces light penetration needed
for plant growth and results in impacts to the spring pygmy sunfish's
spawning and feeding sites (NAWQA 2009a,b; Sandel 2011, pp. 1-6, 8-9;
Jandebeur 2012a, p. 2).
Timber harvesting and land clearing can also have impacts on spring
water quality and associated spring species. Recent tree removal along
the boundary of the Wheeler NWR, which is spring pygmy sunfish habitat
and part of the Beaverdam Spring/Creek system, highlights the need for
careful management of spring habitats (Hurt 2012, pers. comm.). The
removal of the trees greatly reduced the buffer along the Beaverdam
Spring/Creek system and will likely increase sedimentation into the
stream during stormwater runoff. An appropriate mixture of shade and
sunlight is needed for the proper growth and maintenance of vegetation
in the spring environment. This vegetation is important to maintaining
a stable water temperature and habitat for an invertebrate prey base.
Reducing shade by mechanical logging and clearing can increase atypical
spring flow, lead to greater spring run flow variability, and increase
sedimentation (Erman 2002, p. 9) by altering the existing geomorphology
and enhancing stormwater runoff.
Conservation Efforts To Reduce Habitat Destruction, Modification, or
Curtailment of Its Range
When considering whether or not to list a species under the Act, we
must identify existing conservation efforts and their effect on the
species. Under the Act and our policy implementing this provision,
known as the Policy for Evaluation of Conservation Efforts When Making
Listing Decisions (PECE) (68 FR 15100; March 28, 2003), we must
evaluate the certainty of an effort's effectiveness on the basis of
whether the effort or plan: Establishes specific conservation
objectives; identifies the necessary steps to reduce threats or factors
for decline; includes quantifiable performance measures for the
monitoring of compliance and effectiveness; incorporates the principles
of adaptive management; is likely to be implemented; and is likely to
improve the species' viability at the time of the listing
determination. In general, in order to meet these standards for the
spring pygmy sunfish, conservation efforts must, at minimum, report
data on existing populations, describe activities taken toward
conservation of the species, demonstrate either through data collection
or best available science how these measures will alleviate threats,
provide for a mechanism to integrate new information (adaptive
management), and provide information regarding certainty of the
implementation (e.g., funding and staffing mechanisms).
The Service entered into a CCAA for the benefit of the spring pygmy
sunfish with Belle Mina Farms, Ltd., and the Land Trust of Huntsville
and North Alabama (Land Trust) on June 7, 2012. The area covered under
the CCAA is approximately 3,200 ac (1,295 ha) and encompasses the upper
24 percent of habitat occupied by the Beaverdam Spring/Creek
metapopulation, which is currently the only known population for the
species. It also includes most of the spring recharge area (Cook et al.
2013, p. 44). Under the CCAA, the landowner agrees to implement
conservation measures to address known threats to the species. These
measures will help protect the species on his property in
[[Page 60777]]
the near term and also minimize any incidental take of the species that
might occur as a result of conducting other covered activities now that
we are listing the species under the Act. Conservation measures to be
implemented by the landowner on this property will assist in the
reduction of chemical usage and stormwater runoff from agricultural
fields by establishing and maintaining vegetated buffer zones around
Moss and Beaverdam Springs. The landowner also agrees to restrict
timber harvest and cattle grazing within the Beaverdam Spring/Creek and
Moss Spring habitats and to refrain from any deforestation, industrial/
residential development, aquaculture, temporary or permanent ground
water removal installations, and other potentially damaging actions
without prior consultation with the Service. These actions will
minimize impacts and help to maintain groundwater recharge of the
aquifer and adequate spring flow. New information received from the GSA
(Cook et al. 2013, p. 3) identified the recharge area of the Beaverdam
Spring, which is about 1,088 ac (440.3 ha) and described as wooded
upland and agricultural fields. The majority (about 88.5 percent) of
the delineated recharge area is within the enacted CCAA as enrolled
lands. This CCAA and corresponding conservation measures that occur
within the majority of the recharge area (maintain status quo land use
as agriculture) will protect the groundwater and spring system on the
enrolled land (within Belle Mina Farms, Ltd.). The spring pygmy sunfish
inhabits the designated protected area within the CCAA. The species
depends on the clean water from the recharge area within the enrolled
lands. There is longstanding agricultural usage by Bella Mina Farms,
including cattle and irrigated cropland operations. Since 1983, Bella
Mina Farms has been cooperating with the Service in conserving and
maintaining the integrity of species' habitat in the Beaverdam Spring/
Creek system. Bella Mina Farms has created and maintained a buffer zone
around the Moss Spring pond population of the spring pygmy sunfish and
managed cattle consistent with current grazing research, BMPs, and the
spring pygmy sunfish's ecology.
Through the CCAA, Bella Mina Farms, Ltd., will continue to
implement the existing conservation efforts on the enrolled land, as
well as implement long-term strategies to protect the spring pygmy
sunfish and its habitat within the protected area. According to the
CCAA, if there is a 15-percent decline in the population of the
species, the Service may propose additional water use management
practices within the enrolled land to maintain the status quo of
historical water usage within the protected area. We have provided
technical assistance to the landowners concerning conservation measures
and BMPs for the surface portion of the delineated recharge area. The
Land Trust will conduct monitoring on the progress of the conservation
actions and annual habitat analyses. Initial planning for species'
population and habitat monitoring has begun.
The CCAA and associated enhancement of survival permit have a
duration of 20 years; however, under a special provision of this CCAA,
if at any time a 15-percent decline in the status of the spring pygmy
sunfish is determined, there will be a reevaluation of the conservation
measures set forth in the CCAA. If such a reevaluation reflects a need
to change the conservation measures, the amended measure(s) will be
implemented or the CCAA will be terminated and the permit surrendered.
Conservation efforts set forth in this CCAA are a positive step
toward the conservation of the spring pygmy sunfish. These conservation
actions will reduce the severity of some of the threats to the species
(see discussion above) within the upper portion of the Beaverdam
Spring/Creek and Moss Spring sites, which encompasses the upper 24
percent of occupied habitat in the Beaverdam Spring/Creek system.
Presently there is no active protection for the 19 percent of the
species' habitat within the middle reach of the Beaverdam Spring/Creek
system. However, since early 2012, the Service has been working with
two landowners to protect and manage this area for the spring pygmy
sunfish, and we are currently in the process of negotiating CCAAs with
these landowners and preparing them for public review and comment. The
lower portion of the species' habitat (57 percent) is federally owned
and protected, though it is considered lower quality habitat.
Despite these efforts, the large-scale development planned adjacent
to this species' habitat and outside the boundaries of the land
enrolled in the current CCAA and the land potentially enrolled in the
two proposed CCAAs continues to pose a significant future threat to the
spring pygmy sunfish and its habitat. Furthermore, since the Belle Mina
Farms' CCAA has been just recently executed, there has yet to be long-
term monitoring, which is needed to evaluate the overall effectiveness
of these efforts.
Summary of Factor A
As discussed above, the spring pygmy sunfish and its habitat are
currently facing the threats of both declining water quality and
quantity. Excessive groundwater usage, and the resultant reduction of
the water levels in the aquifer/recharge areas and decreased spring
outflow in the Beaverdam Spring/Creek system, is believed to have
negatively impacted the spring pygmy sunfish and its habitat.
Contamination of the recharge area and aquifer from the intensive use
of chemicals (i.e., herbicides, pesticides, and fertilizers) within the
spring pygmy sunfish's habitat poses a threat to the species' survival.
Ongoing stormwater discharge from agricultural lands and urban sites
compounds the water quality degradation by increasing sediment load and
depositing contaminants into surface and groundwater sources. In
addition, the large-scale residential and industrial development
planned adjacent to the Beaverdam Spring/Creek system will likely
exacerbate the decreasing water quantity and quality issues within the
habitat of the spring pygmy sunfish's single metapopulation.
Overgrazing by livestock and land clearing near and within the spring
systems reduces the vegetation in the spring and increases stormwater
and sediment runoff, posing a threat to the population, particularly in
the middle and lower portions of its range.
Based on our review of the best commercial and scientific data
available, we conclude that the present or threatened destruction,
modification, and curtailment of its habitat or range is currently a
threat to the spring pygmy sunfish and is expected to persist and
possibly escalate in the future, particularly in light of the
increasing demands for groundwater and large-scale development that is
planned near this species' habitat. While the CCAA has reduced some of
the threats under this factor, it only covers a portion of the extant
range of the species, and will not ameliorate all threats of ongoing
and potential water quantity and water quality degradation. Additional
conservation measures being pursued with key landowners and other
stakeholders would also aid in reducing these threats to the species,
but likewise, not to the level that water quantity and quality
degradation would cease to be threats to the species.
Factor B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
The spring pygmy sunfish is not a commercially valuable species.
[[Page 60778]]
However, this species has been actively sought by researchers since its
discovery in 1937. Overcollecting may have been a localized factor in
the historical decline of this species, particularly within the
introduced population in Pryor Spring/Branch (Jandebeur 2012d, p. 14);
however, the overall impact of collection on the spring pygmy sunfish
population is unknown (Jandebeur 2012d, p. 14). The localized
distribution and small size of known populations render them vulnerable
to overzealous recreational or scientific collecting. However, at this
time, we have no specific information indicating that overcollection
rises to the level to pose a threat to the species now or in the
future.
Therefore, we conclude that overutilization for commercial,
recreational, scientific, or educational purposes does not constitute a
threat to the spring pygmy sunfish at this time.
Factor C. Disease or Predation
We have no specific information indicating that disease occurs
within spring pygmy sunfish populations or poses a threat to the
species. Eggs, juveniles, and adult spring pygmy sunfish are preyed
upon by some invertebrate species, parasites, and vertebrate species
such as frogs, snakes, turtles, other fish, and piscivorus (fish-
eating) birds. It is possible that predation increases when fish are
concentrated in smaller areas when groundwater is depleted through
water extraction and drought. However, we have no evidence of any
specific declines in the spring pygmy sunfish due to predation.
Therefore, we conclude that the best scientific and commercial data
available indicate, at the present time, that neither disease nor
predation is a threat to the spring pygmy sunfish.
Factor D. The Inadequacy of Existing Regulatory Mechanisms
The spring pygmy sunfish and its habitat are afforded some
protection from surface water quality and habitat degradation under the
Clean Water Act (CWA; 33 U.S.C. 1251 et seq.), the Alabama Water
Pollution Control Act (Code of Alabama, sections 22-22-1 et seq.), and
regulations promulgated by the Alabama Department of Environmental
Management (Maynard and Gale 1995, pp. 20-28). While these laws have
resulted in some improvement in water quality and stream habitat for
aquatic life, such as requiring landowners engaged in agricultural
practices to have an erosion prevention component within their farm
plan, alone they have not been fully adequate to protect this species
due to inconsistent implementation, monitoring, and enforcement.
Furthermore, habitat degradation is ongoing despite the protection
afforded by these laws.
The State of Alabama maintains water-use classifications through
issuance of National Pollutant Discharge Elimination System (NPDES)
permits to industries, municipalities, and others; these permits set
maximum limits on certain pollutants or pollutant parameters. For water
bodies on the CWA's section 303(d) List of Impaired Water Bodies,
States are required under the CWA to establish a total maximum daily
load (TMDL) for the pollutants of concern that will bring water quality
into the applicable standard. Many of the water bodies within the
occupied range of the spring pygmy sunfish do not meet Clean Water Act
standards (Alabama 2008 section 303(d) List of Impaired Water Bodies).
The State of Alabama's surface water quality standards, adopted
from the national standards set by the EPA, were established with the
intent to protect all aquatic resources within the State of Alabama.
These water quality regulations appear to be protective of the spring
pygmy sunfish as long as discharges are within permitted limits and are
enforced according to the provisions of the CWA. Unregulated and
indiscriminate groundwater and surface water extraction has been
identified as a threat to spring species (see Factor A discussion,
above). Within the State of Alabama, regulations concerning groundwater
issues are limited (Alabama Law Review 1997, p. 1). Alabama common law
follows a ``reasonable use rule'' for the extraction of groundwater,
and there is a statutory framework that regulates and governs
groundwater extraction (Chapman and U.S. Forest Service 2005, p. 9;
Alabama Water Resources Act, Code of Alabama, sections 9-10B-1 et
seq.). Water users must file a declaration of beneficial use, be issued
a certificate of use, and be permitted and monitored periodically. The
Alabama Water Commission can place restrictions on certificates of use
in certain designated water capacity stressed areas; however, the
Alabama Water Commission has not identified any stressed groundwater
areas in or near spring pygmy sunfish habitat. Large volumes of
groundwater continue to be extracted in areas not identified as
``stressed groundwater areas'' such as the Beaverdam Spring/Creek
watershed, and this likely depresses water levels in nearby wells
(Hairston et al. 1990, p. 7) and springs (Younger 2007, p. 162). Thus,
water use restrictions under common law (Chapman and U.S. Forest
Service 2005, p. 10) provide minimal overall protection for the
species.
Limited protection is provided to the Beaverdam Spring/Creek
watershed during any construction in the area from Limestone County
construction regulations (http://www.limestonecounty-al.gov/PDFfiles/Engineering/LimestoneCountySDRegs-Complete.pdf). Specifically, the
regulations state that fill material may not be used to raise land in a
floodway that restricts the flow of water and increases flood heights,
nor can land within a designated floodway be platted for residential
occupancy or building sites (Limestone County, Alabama, Subdivision
Regulations section 5-3-11(6)32).
Summary of Factor D
The spring pygmy sunfish and its habitat are afforded limited
protection from surface water quality and habitat degradation under
Federal, State, and County regulations. Notwithstanding this limited
protection, large volumes of groundwater and surface water are
continually extracted, and these extractions may eventually threaten
the aquifer that supplies water to spring pygmy sunfish habitat.
Degradation of habitat within the current range of this species
continues despite the protections afforded by these existing laws.
Therefore, based on the best scientific and commercial data available,
we conclude that existing regulatory mechanisms are inadequate to
reduce or eliminate the threats to the spring pygmy sunfish.
Factor E. Other Natural or Manmade Factors Affecting Its Continued
Existence
Impediments to migration, connectivity, and gene flow between or
within spring systems are threats to maintaining genetic diversity in
the spring pygmy sunfish. Habitat connectivity is critical to
maintaining heterozygosity (genetic diversity) within populations of
the species and reducing inbreeding, thereby maintaining the integrity
of the population (Hallerman 2003, pp. 363-364). Connectivity of spring
pygmy sunfish habitats is also necessary for improvement in desired
aquatic vegetation, water quality through flushing and diluting
pollutants and increasing water quantity, and linking spring segments
together. Connectivity maintains water flow between Beaverdam Spring/
Creek habitats and allows for potential colonization of unoccupied
areas when conditions become favorable for the species and for the
necessary aquatic
[[Page 60779]]
vegetation needed by the species. Localized environmental changes
caused by agriculture, urbanization, and other anthropogenic
disturbances of the spring systems throughout the watersheds of the
Eastern Highland Rim have exacerbated fragmentation of spring habitat
(Sandel 2008, pp. 2-4, 13; 2011, pp. 3-6) and reduced the desired
vegetation necessary for the species' survival and recovery. Over time,
this fragmentation of the spring pygmy sunfish's habitat will impose
negative selective pressures on the species' populations, such as
genetic isolation; reduction of space for rearing, recruitment, and
reproduction; reduction of adaptive capabilities; and increased
likelihood of local extinctions (Burkhead et al. 1997, pp. 397-399;
Sandel 2011, pp. 8-10). The Tuscumbia darter (E. tuscumbia), a species
found in the Beaverdam Creek/Spring system that also exhibits
metapopulation dynamics, has been impacted by fragmentation and
cessation of inter-spring migration pathways, similar to the spring
pygmy sunfish (Fluker et al. 2007, pp. 6-8). Impoundments (Pickwick
Reservoir) now block both species' migration pathways, and isolated
populations have experienced genetic bottlenecks (the genetic variation
within a population and the potential to adapt to a changing
environment decrease) (Fluker et al. 2007, pp. 6-8).
Climate Change
Our analyses under the Act include consideration of ongoing and
projected changes in climate. The terms ``climate'' and ``climate
change'' are defined by the Intergovernmental Panel on Climate Change
(IPCC). The term ``climate'' refers to the mean and variability of
different types of weather conditions over time, with 30 years being a
typical period for such measurements, although shorter or longer
periods also may be used (IPCC 2007, p. 78). The term ``climate
change'' thus refers to a change in the mean or variability of one or
more measures of climate (e.g., temperature or precipitation) that
persists for an extended period, typically decades or longer, whether
the change is due to natural variability, human activity, or both (IPCC
2007, p. 78).
Scientific measurements spanning several decades demonstrate that
changes in climate are occurring, and that the rate of change has been
faster since the 1950s. Examples include warming of the global climate
system, and substantial increases in precipitation in some regions of
the world and decreases in other regions (for these and other examples,
see IPCC 2007, p. 30; Solomon et al. 2007, pp. 35-54, 82-85).
Scientists use a variety of climate models, which include
consideration of natural processes and variability, as well as various
scenarios of potential levels and timing of greenhouse gas (GHG)
emissions, to evaluate the causes of changes already observed and to
project future changes in temperature and other climate conditions
(e.g., Meehl et al. 2007, entire; Ganguly et al. 2009, pp. 11555,
15558; Prinn et al. 2011, pp. 527, 529). Although projections of the
magnitude and rate of warming differ after about 2030, the overall
trajectory of all the projections is one of increased global warming
through the end of this century, even for the projections based on
scenarios that assume that GHG emissions will stabilize or decline.
Thus, there is strong scientific support for projections that warming
will continue through the 21st century, and that the magnitude and rate
of change will be influenced substantially by the extent of GHG
emissions (IPCC 2007, pp. 44-45; Meehl et al. 2007, pp. 760-764 and
797-811; Ganguly et al. 2009, pp. 15555-15558; Prinn et al. 2011, pp.
527, 529).
Various changes in climate may have direct or indirect effects on
species. These effects may be positive, neutral, or negative, and they
may change over time, depending on the species and other relevant
considerations, such as interactions of climate with other variables
(e.g., habitat fragmentation) (IPCC 2007, pp. 8-14, 18-19).
While we do not have specific information concerning the effect of
climate change on spring pygmy sunfish and its habitat, we do know that
climate affects groundwater budgets (inflow and outflow) by influencing
precipitation and evaporation and, therefore, the rates and
distribution of recharge of the aquifer. Climate also affects human
demands for groundwater and affects plant transpiration from shallow
groundwater in response to solar energy and changing depths to the
water table (Likens 2009, p. 91). Chronic regional drought between 2000
and 2005 within the Tennessee Valley decreased rates of surface water
flow and aquifer recharge. Water extraction (both groundwater and
surface water) during drought periods exacerbated damage to the spring
pygmy sunfish and its habitat (Sandel 2009, p. 15). Even though
aquifers in the region are not depleted but are sometimes seasonally
low, especially during drought periods, drought has affected Beaverdam
Spring/Creek since records were kept. The 1954 drought was more extreme
than the 2007 drought (USGS Water-Supply Paper 2375, pp. 163-170,
http://md.water.usgs.gov/publications/wsp-2375/al; Seager et al. 2009,
pp. 5042-5043). Monthly normal temperatures for 1981-2010 show an
increase by 1.8[emsp14][deg]F and precipitation has decreased by 3.17
in per year (National Weather Service Forecast Office, Huntsville,
Alabama 2011, http://www.srh.noaa.gov/hun).
Long-term droughts impact groundwater by increasing groundwater
extraction for public consumption and agriculture, which in turn do not
replenish surface waters (Likens 2009, p. 91). The assessment of long-
term impacts of projected changes in climate, population, and land use
and land cover on regional water resources is critical to sustainable
development, especially in the southeastern United States (Sun et al.
2008, pp. 1141-1157). Across the southern United States, changes in
climate had the greatest impacts on water stress, followed by
population, and land use (Sun et al. 2008, pp. 1141-1157). The
prolonged drought within northern Alabama during 2006 to 2008 was
exceptional (Jandebeur 2012d, p. 13), and along with the severe drought
of 1950 to 1963 (Jandebeur 2012d, p. 13), may have contributed to the
demise of the Pryor Spring/Branch population of the spring pygmy
sunfish in 2008, by increasing toxic concentrations of herbicides and
by increasing the desiccation of aquatic vegetation.
Conservation Efforts To Reduce or Eliminate Other Natural or Manmade
Factors Affecting Its Continued Existence
The signed CCAA with Belle Mina Farms, Ltd. and the two proposed
CCAAs, will likely reduce some of the threats to groundwater caused by
climate change by minimizing impacts and helping to maintain
groundwater recharge of the aquifer, protecting surface water flow, and
limiting groundwater extraction. Under the signed CCAA, the Service
will provide technical assistance and groundwater management advice.
Additionally, adaptive management measures of this CCAA concern
groundwater usage, including pumping from the aquifer and avoidance of
temporary or permanent groundwater removal installations. Also under
this CCAA, the landowners will not engage in practices, such as
pesticide and herbicide use, stock farm ponds, and aquaculture, within
the designated protected areas that may disturb water quality during
low water levels associated with drought periods. Similar conservation
measures are outlined in the two proposed CCAAs. The conservation
measures in the signed and proposed CCAAs will help
[[Page 60780]]
protect the species on these properties in the near term and also
minimize any incidental take of the species that might occur as a
result of conducting other covered activities now that we are listing
the species under the Act. However, because of anthropogenic factors
such as urbanization or intensive agriculture, these conservation
measures may be inadequate during drought periods caused by climate
change or other natural phenomena.
Summary of Factor E
Habitat fragmentation and its resulting effects on gene flow and
potential demographic impacts within the population is a substantial
threat to the spring pygmy sunfish. Increasing drought associated with
climate change affects groundwater budgets (inflow and outflow) by
influencing the rates and distribution of recharge of the aquifer,
affects human demands for groundwater and surface water, and affects
plant transpiration from shallow groundwater reserves. Based on the
best available scientific and commercial data, we conclude that the
spring pygmy sunfish faces threats from other natural or manmade
factors affecting its continued existence. These threats continue, even
though they are possibly lessened by the beneficial effects of the
signed CCAA and the two proposed CCAAs.
Determination
We have carefully assessed the best scientific and commercial data
available regarding the past, present, and future threats faced to the
spring pygmy sunfish. The identified threats to the spring pygmy
sunfish fall under Factors A, D, and E, as described in more detail in
the Summary of Factors Affecting the Species section, above. Habitat
modification (Factor A) is the primary threat to the species. This is
due to ongoing threats associated with ground and surface water
withdrawal and water quality within the spring systems where this
species currently occurs and historically occurred. In the future,
these current threats will likely be coupled with impacts from planned
urban and industrial development of land adjacent to spring pygmy
sunfish habitat and the resultant impacts to the spring system and
surrounding aquifer recharge area. We find that this planned increase
in urban and industrial development and associated infrastructure,
along with the potential unsustainable use of the area, is a threat to
the spring pygmy sunfish, with the potential to exacerbate direct
mortality as well as permanent loss, fragmentation, or alteration of
its habitat. The degradation of habitat throughout the species' range
continues despite the protections afforded by existing Federal and
State laws and policies (Factor D). Habitat fragmentation and its
resulting effects on gene flow and potential demographic impacts within
the population is a threat (Factor E) that affects the spring pygmy
sunfish's continued existence. These threats are rangewide and expected
to increase in the future.
The established Belle Mina Farms CCAA provides a measure of
protection for the species in the upper reach of the population (24
percent of species' occupied habitat), with the implementation of
conservation measures that increase or preserve water quantity, reduce
water quality degradation, and prohibit any potentially damaging land
use actions in that area (Factor A). In addition, a portion of the
recharge area for the Beaverdam Spring/Creek is provided a measure of
protection from impervious substrate and excessive storm water runoff
under this CCAA since the 1,011 ac of enrolled lands are to be
maintained in their present condition, which is mostly agriculture.
Currently, conservation measures or protection extends to the portion
of the species' habitat currently enrolled in the CCAA (24 percent) and
to the lower 57 percent of the habitat in Federal ownership within the
Wheeler NWR (although habitat here is of poorer quality). The current
CCAA and Federal ownership of a portion of the habitat reduce many of
the threats (under Factors A and E) within the immediate core of the
species' current range; however, these protections are not able to
ameliorate all of the threats to the species and its habitat, most
notably impacts associated with the large-scale industrial and
residential development planned in the area, which has potential to
impact the hydrology and water quality of the spring system.
We note that the two proposed CCAAs, if finalized, would provide
additional conservation benefit to the species in the middle portion of
its range. However, we have determined that the additional conservation
actions in the proposed CCAAs do not remove the threats to the species
and its habitat to the point that listing is not necessary, especially
when considering probable and potential impacts from planned
residential and industrial development (Factor A). Therefore, the
possible final approval of the proposed CCAAs following the public
comment period would not change our determination to list the spring
pygmy sunfish as a threatened species.
The Act defines an endangered species as any species that is in
danger of extinction throughout all or a significant portion of its
range, and a threatened species as one that is likely to become
endangered within the foreseeable future throughout all or a
significant portion of its range. We find that the spring pygmy sunfish
is likely to become endangered throughout all or a significant portion
of its range within the foreseeable future, based on the immediacy,
severity, and scope of the ongoing threats, expected future threats,
and taking into considerations the protections afforded to the species
by the Belle Mina Farms CCAA. Therefore, on the basis of the best
available scientific and commercial data, we are listing the spring
pygmy sunfish as threatened in accordance with sections 3(20) and
4(a)(1) of the Act. We find that endangered species status is not
appropriate for the spring pygmy sunfish because: (1) Protections
afforded by the CCAA help reduce some of the current threats to the
species; and (2) many of the threats facing the species from planned
industrial and residential development are likely to occur in the
future. Therefore, the spring pygmy sunfish is not in danger of
extinction.
Under the Act and our implementing regulations, a species may
warrant listing if it is endangered or threatened throughout all or a
significant portion of its range. The threats to the survival of the
species occur throughout the species' range and are not restricted to
any particular significant portion of that range. Accordingly, our
assessment and determination applies to the species throughout its
entire range.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened species under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness and
conservation by Federal, State, Tribal, and local agencies; private
organizations; and individuals. The Act encourages cooperation with the
States and requires that recovery actions be carried out for all listed
species. The protection required by Federal agencies and the
prohibitions against certain activities are discussed, in part, below.
The primary purpose of the Act is the conservation of endangered
and threatened species and the ecosystems upon which they depend. The
ultimate goal of such conservation efforts is the recovery of these
listed species, so that they no longer need the protective
[[Page 60781]]
measures of the Act. Subsection 4(f) of the Act requires the Service to
develop and implement recovery plans for the conservation of endangered
and threatened species. The recovery planning process involves the
identification of actions that are necessary to halt or reverse the
species' decline by addressing the threats to its survival and
recovery. The goal of this process is to restore listed species to a
point where they are secure, self-sustaining, and functioning
components of their ecosystems.
Recovery planning includes the development of a recovery outline
shortly after a species is listed and preparation of a draft and final
recovery plan. The recovery outline guides the immediate implementation
of urgent recovery actions and describes the process to be used to
develop a recovery plan. Revisions of the plan may be done to address
continuing or new threats to the species, as new substantive
information becomes available. The recovery plan identifies site-
specific management actions that set a trigger for review of the five
factors that control whether a species remains endangered or may be
downlisted or delisted, and methods for monitoring recovery progress.
Recovery plans also establish a framework for agencies to coordinate
their recovery efforts and provide estimates of the cost of
implementing recovery tasks. Recovery teams (comprised of species
experts, Federal and State agencies, nongovernment organizations, and
stakeholders) are often established to develop recovery plans. When
completed, the draft and final recovery plans will be available on our
Web site (http://www.fws.gov/endangered) or from our Mississippi
Ecological Services Field Office (see ADDRESSES).
Implementation of recovery actions generally requires the
participation of a broad range of partners, including other Federal
agencies, States, Tribal, nongovernmental organizations, businesses,
and private landowners. Examples of recovery actions include habitat
restoration (e.g., restoration of native vegetation), research, captive
propagation and reintroduction, and outreach and education. The
recovery of many listed species cannot be accomplished solely on
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires
cooperative conservation efforts on private, State, and Tribal lands.
The CCAA between the Service, Belle Mina Farms Ltd., and the Land
Trust identifies several strategies that will support recovery efforts,
including: (1) Maintenance of vegetation buffer zones along the
springs; (2) prohibition of cattle within the spring; (3) prohibition
of deforestation, land clearing, industrial development, residential
development, aquaculture, temporary or permanent ground water removal
installations, stocked farm ponds, pesticide and herbicide use, and
impervious surface installation within the protected area of the CCAA;
and (4) establishment of a biological monitoring program for the spring
pygmy sunfish and its habitat. Similar conservation actions are
outlined in the two proposed CCAAs.
When this species is listed (see DATES), funding for recovery
actions will be available from a variety of sources, including Federal
budgets, State programs, and cost share grants for non-Federal
landowners, the academic community, and nongovernmental organizations.
In addition, under section 6 of the Act, the State of Alabama will be
eligible for Federal funds to implement management actions that promote
the protection and recovery of the spring pygmy sunfish. Information on
our grant programs that are available to aid species recovery can be
found at: http://www.fws.gov/grants.
Please let us know if you are interested in participating in
recovery efforts for the spring pygmy sunfish. Additionally, we invite
you to submit any new information on this species whenever it becomes
available and any information you may have for recovery planning
purposes (see FOR FURTHER INFORMATION CONTACT).
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 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 with the
Service on any action that is likely to jeopardize the continued
existence of a species proposed for listing or result in destruction or
adverse modification of proposed critical habitat. If a species is
listed subsequently, section 7(a)(2) of the Act requires Federal
agencies to ensure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of the species or
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 within the species' habitat that may require
consultation as described in the preceding paragraph include management
and any other landscape-altering activities on Federal Lands
administered by the U.S. Fish and Wildlife Service. Federal activities
that may affect spring pygmy sunfish, include, but are not limited to:
The carrying out, funding, or the issuance of permits for discharging
fill material on wetlands for road or highway construction;
installation of utility easements; development of residential,
industrial, and commercial facilities; channeling or other stream
geomorphic changes; discharge of contaminated or sediment-laden waters;
wastewater facility development; and excessive groundwater and surface
water extraction.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered
wildlife. The prohibitions of section 9(a)(1) of the Act, and its
implementing regulations at 50 CFR 17.21, make it illegal for any
person subject to the jurisdiction of the United States to take (which
includes harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt any of these), import, 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.
The regulations at 50 CFR 17.31 extend the prohibitions listed above to
threatened species, with certain exceptions. Under the Lacey Act (18
U.S.C. 42-43; 16 U.S.C. 3371-3378), it is also 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.
We may issue permits to carry out otherwise prohibited activities
involving endangered and threatened wildlife species under certain
circumstances. Regulations governing permits are codified at 50 CFR
17.22 for endangered species, and at 17.32 for threatened species. With
regard to endangered wildlife, a permit must be issued for take for the
following purposes: For scientific purposes, to enhance the propagation
or survival of the species, and for incidental take in connection with
otherwise lawful activities.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), 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
[[Page 60782]]
policy is to increase public awareness of the effect of a listing on
proposed and ongoing activities within the range of the listed species.
The following activities could potentially result in a violation of
section 9 of the Act; this list is not comprehensive:
(1) Unauthorized collecting, handling, possessing, selling,
delivering, carrying, or transporting of the species, including import
or export across State lines and international boundaries, except for
properly documented antique specimens of these taxa at least 100 years
old, as defined by section 10(h)(1) of the Act;
(2) Introduction of species that compete with or prey upon the
spring pygmy sunfish;
(3) The unauthorized release of biological control agents that
attack this species' habitat or any of its life stages;
(4) Unauthorized modification of the vegetation composition or
hydrology, or violation of any discharge or water withdrawal permit
that results in harm or death to any individuals of this species or
that results in degradation of its occupied habitat to an extent that
essential behaviors such as breeding, feeding, and sheltering are
impaired;
(5) Unauthorized destruction or alteration of the species' habitat
(such as channelization, dredging, sloping, removing of substrate, or
discharge of fill material) that impairs essential behaviors, such as
breeding, feeding, or sheltering, or that results in killing or
injuring spring pygmy sunfish; and
(6) Unauthorized discharges or dumping of toxic chemicals or other
pollutants into the aquifer directly through wells or into the spring
system or indirectly into recharge areas supporting spring pygmy
sunfish that kills or injures the species or that otherwise impairs
essential life-sustaining requirements, such as breeding, feeding, or
sheltering (destruction of vegetation and substrate).
Questions regarding whether specific activities would constitute a
violation of section 9 of the Act should be directed to the Mississippi
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
Requests for copies of the regulations concerning listed animals and
general inquiries regarding prohibitions and permits may be addressed
to the U.S. Fish and Wildlife Service, Endangered Species Permits, 1875
Century Blvd. NE., Atlanta, GA 30345 (telephone 404-679-7313; facsimile
404-679-7081).
Under section 4(d) of the Act, the Secretary has discretion to
issue such regulations as she deems necessary and advisable to provide
for the conservation of threatened species. Our implementing
regulations (50 CFR 17.31) for threatened wildlife generally
incorporate the prohibitions of section 9 of the Act for endangered
wildlife, except when a ``special rule'' promulgated pursuant to
section 4(d) of the Act has been issued with respect to a particular
threatened species. In such a case, the general prohibitions in 50 CFR
17.31 would not apply to that species, and instead, the special rule
would define the specific take prohibitions and exceptions that would
apply for that particular threatened species, which we consider
necessary and advisable to conserve the species. The Secretary also has
the discretion to prohibit by regulation with respect to a threatened
species any act prohibited by section 9(a)(1) of the Act. Exercising
this discretion, which has been delegated to the Service by the
Secretary, the Service has developed general prohibitions that are
appropriate for most threatened species in 50 CFR 17.31 and exceptions
to those prohibitions in 50 CFR 17.32. We are not promulgating a
section 4(d) special rule at this time, and as a result, all of the
section 9 prohibitions, including the ``take'' prohibitions, will apply
to the spring pygmy sunfish.
Rationale for a 60-Day Effective Date
We have published a notice of availability in the Federal Register
for public review and comment on the two proposed CCAAs, associated
permit applications and draft environmental action statements. It is
our intention to make a final determination on the proposed CCAAs
before this rule becomes effective; however, we are not certain that
this can be accomplished within 30 days after the issuance of this
rule. Therefore, the effective date of the rule is 60 days from the
publication date of this final rule (see DATES), rather than our
typical 30 days, to provide adequate time for the public to review and
comment on the two proposed CCAAs.
Required Determinations
National Environmental Policy Act
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act (42 U.S.C. 4321 et seq.), need not be prepared
in connection with listing a species as an endangered or threatened
species under the Act. We published a notice outlining our reasons for
this determination in the Federal Register on October 25, 1983 (48 FR
49244).
References Cited
A complete list of all references cited in this rule is available
on the Internet at http://www.regulations.gov or upon request from the
Field Supervisor, Mississippi Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT).
Authors
The primary authors of this final rule are the staff members of the
Mississippi Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as follows:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245, unless
otherwise noted.
0
2. Amend Sec. 17.11(h) by adding an entry for ``Sunfish, spring
pygmy'' to the List of Endangered and Threatened Wildlife in
alphabetical order under FISHES to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
[[Page 60783]]
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Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Fishes
* * * * * * *
Sunfish, spring pygmy............ Elassoma alabamae... U.S.A. (AL)........ Entire............. T 827 NA NA.
* * * * * * *
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* * * * *
Dated: September 20, 2013.
Rowan Gould,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-23726 Filed 10-1-13; 8:45 am]
BILLING CODE 4310-55-P