[Federal Register Volume 85, Number 190 (Wednesday, September 30, 2020)]
[Rules and Regulations]
[Pages 61619-61638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19115]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2018-0073; FF09E21000 FXES11110900000 201]
RIN 1018-BD40
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Trispot Darter
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate
critical habitat for the trispot darter (Etheostoma trisella) under the
Endangered Species Act of 1973 (Act), as amended. We are designating as
critical habitat for this species six units, totaling approximately
175.4 miles (282.3 kilometers) of streams and rivers and 9,929 acres
(4,018 hectares), in Calhoun, Cherokee, Etowah, and St. Clair Counties
in Alabama; Gordon, Murray, and Whitfield Counties in Georgia; and
Bradley and Polk Counties in Tennessee. This rule extends the Act's
protections to the trispot darter's designated critical habitat.
DATES: This rule is effective October 30, 2020.
ADDRESSES: This final rule is available on the internet at http://www.regulations.gov and http://www.fws.gov/daphne. Comments and
materials we received, as well as some supporting documentation we used
in preparing this rule, are available for public inspection at http://www.regulations.gov.
The coordinates or plot points or both from which the maps are
generated are included in the administrative record for this critical
habitat designation and are available at http://www.regulations.gov at
Docket No. FWS-R4-ES-2018-0073 and at the Alabama Ecological Services
Field Office's website (https://www.fws.gov/daphne). Any additional
tools or supporting information that we developed for this critical
habitat designation will also be available at the Fish and Wildlife
Service website and may also be included in the preamble and at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: William Pearson, Field Supervisor,
U.S. Fish and Wildlife Service, telephone 251-441-5184. If you use a
telecommunications device for the deaf (TDD), call the Federal Relay
Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Endangered Species Act of
1973 (Act), as amended, if we determine that a species is an endangered
or threatened species, we must designate critical habitat to the
maximum extent prudent and determinable. We published a final rule to
list the trispot darter as a threatened species on December 28, 2018
(83 FR 67131). Designations of critical habitat can be completed only
by issuing a rule.
What this document does. This rule finalizes a designation of
critical habitat for the trispot darter of approximately 175.4 miles
(282.3 kilometers) of streams and rivers and 9,929 acres (4,018
hectares), in Calhoun, Cherokee, Etowah, and St. Clair Counties in
Alabama; Gordon, Murray, and Whitfield Counties in Georgia; and Bradley
and Polk Counties in Tennessee.
The basis for our action. Under section 4(a)(3) of the Act, if we
determine that any species is an endangered or threatened species we
must, to the maximum extent prudent and determinable, designate
critical habitat. Section 4(b)(2) of the Act states that the Secretary
shall designate critical habitat on the basis of the best available
scientific data after taking into consideration the economic impact,
national security impact, and any other relevant impact of specifying
any particular area as critical habitat. Section 3(5)(A) of the Act
defines critical habitat as (i) the specific areas within the
geographical area occupied by the species, at the time it is listed, on
which are found those physical or biological features (I) essential to
the conservation of the species and (II) which may require special
management considerations or protections; and (ii) specific areas
outside the geographical area occupied by the species at the time it is
listed, upon a determination by the Secretary that such areas are
essential for the conservation of the species. The Secretary may
exclude an area from critical habitat if he determines that the
benefits of such exclusion outweigh the benefits of specifying such
area as part
[[Page 61620]]
of the critical habitat, unless he determines, based on the best
scientific data available, that the failure to designate such area as
critical habitat will result in the extinction of the species.
The critical habitat we are designating in this rule, consisting of
six units comprising approximately 175.4 miles (282.3 kilometers) of
streams and rivers, in an area of 9,929 acres (4,018 hectares),
constitutes our current best assessment of the areas that meet the
definition of critical habitat for the trispot darter.
Economic analysis. In accordance with section 4(b)(2) of the Act,
we prepared an economic analysis of the impacts of designating critical
habitat for the trispot darter. We published the announcement of, and
solicited public comments on, the draft economic analysis (DEA; 83 FR
67190, December 28, 2018). Because we received no comments on the DEA,
we adopted the DEA as a final version.
Peer review and public comments. We considered all comments and
information we received from the public and peer reviewers during the
comment period on the proposed designation of critical habitat for the
trispot darter and the associated DEA (83 FR 67190; December 28, 2018).
Previous Federal Actions
On October 4, 2017, we published a proposed rule in the Federal
Register (82 FR 46183) to list the trispot darter as a threatened
species under the Act (16 U.S.C. 1531 et seq.). On December 28, 2018,
we published a final rule (83 FR 67131) to list the species as a
threatened species. On the same date, we published a proposed section
4(d) rule for the trispot darter (83 FR 67185) and a proposed critical
habitat rule for the species (83 FR 67190). Please refer to these rules
for a detailed description of previous Federal actions concerning this
species. Elsewhere in today's Federal Register, we issue a final rule
under section 4(d) of the Act that provides measures necessary and
advisable for the conservation of the threatened trispot darter.
Summary of Changes From the Proposed Rule
This final rule incorporates changes to our proposed rule (83 FR
67190; December 28, 2018) based on the comments we received, as
discussed above under Summary of Comments and Recommendations. We made
changes to the unit sizes in the proposed critical habitat rule as a
result of a public comment we received. Based on our mapping analysis
of elevations where spawning has occurred, we omitted areas from Unit 1
in this critical habitat designation that are likely to be perennially
dry, and we added language to the rule to clarify that perennially dry
areas that are located within the critical habitat boundaries are not
being designated as critical habitat. Our analysis also revealed other
areas that we removed from critical habitat in Unit 4 (Mill Creek).
These areas in Unit 4 are not suitable for seasonal spawning, because a
large portion (86 percent) is occupied by large commercial structures
and the remaining portion contains straightened channels with
intervening segments enclosed in culverts. In addition to the altered
spawning areas, tributaries to Mill Creek are not included in this
final critical habitat designation because they also have been heavily
altered. The mapping analysis to more precisely identify spawning areas
and removal of developed areas in the Mill Creek unit reduced the total
amount of critical habitat we are designating, from 16,735 acres (ac)
(6,772 hectares (ha)) in the proposed rule, to 9,929 ac (4,018 ha) in
this final rule.
Supporting Documents
We prepared a species status assessment (SSA) report for the
trispot darter. Written in consultation with species experts, the SSA
report represents the best scientific and commercial data available
concerning the status of the trispot darter, including its habitat
needs, and impacts of past, present, and future factors (both negative
and beneficial) affecting the species and its habitat (Service 2018,
entire). In accordance with our joint policy on peer review published
in the Federal Register on July 1, 1994 (59 FR 34270), and our August
22, 2016, memorandum updating and clarifying the role of peer review of
listing actions under the Act, the SSA report underwent independent
peer review by scientists with expertise in fish biology, habitat
management, and stressors (factors negatively affecting the species) to
the trispot darter. The purpose of peer review is to ensure that our
listing determinations and critical habitat designations are based on
scientifically sound data, assumptions, and analyses. The SSA report
(Service 2018, entire), the proposed and final listing rules (82 FR
46183, October 4, 2017; 83 FR 67131, December 28, 2018, respectively),
the proposed critical habitat rule (83 FR 67190; December 28, 2018),
this final rule, and other materials relating to this rulemaking can be
found on the Service's Southeast Region website at https://www.fws.gov/southeast/ and at http://www.regulations.gov under Docket No. FWS-R4-
ES-2018-0073.
Summary of Comments and Recommendations
In the proposed rule published on December 28, 2018 (83 FR 67190),
we requested that all interested parties submit written comments on the
proposal by February 26, 2019. We also contacted appropriate Federal
and State agencies, scientific experts and organizations, and other
interested parties and invited them to comment on the proposal.
Newspaper notices inviting general public comment were published in the
Chattanooga Times Free Press (2/8/19), The Daily Citizen (2/08/19),
Daily Home (2/13/19), and St. Clair Times (2/14/19). We did not receive
any requests for a public hearing. During the open comment period, we
received 27 public comments on the proposed rule to designate critical
habitat for the trispot darter; a majority of comments supported the
designation of critical habitat, and none opposed the designation.
However, some commenters provided suggestions on how we could refine or
improve the designation, and all substantive information provided to us
during the comment period has been incorporated directly into this
final rule or is addressed below.
(1) Comment: Two commenters sought clarification on how designated
critical habitat will affect agriculture and development activities.
Our Response: Private agricultural and development activities on
private lands will not be affected by designated critical habitat,
because the Act does not authorize the Service to regulate private
actions on private lands or confiscate private property as a result of
critical habitat designation. An action with a Federal nexus, meaning
one that is authorized, funded, or carried out by a Federal agency,
would, on private lands, be subject to consultation under section 7 of
the Act. However, routine agricultural and forestry activities on
private lands are not likely to have a Federal nexus and require
consultation. Designation of critical habitat does not affect land
ownership, or establish any closures or restrictions on use of, or
access to, the designated areas whether private, tribal, State, or
Federal. Critical habitat designation also does not establish a refuge,
wilderness, reserve, preserve, or other conservation area, and does not
require implementation of restoration, recovery, or enhancement
measures by non-Federal landowners. In addition, critical habitat
designation does not establish specific land management standards or
prescriptions
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for private parties, although Federal agencies are prohibited from
carrying out, funding, or authorizing actions that would destroy or
adversely modify critical habitat.
(2) Comment: One commenter recommended that we reevaluate Unit 1 of
proposed critical habitat because, as proposed, it included upland
areas that do not provide the physical and biological features that
support the trispot darter. The commenter suggested that we use finer
resolution data to undertake an analysis that more precisely delineates
critical habitat for the species. The same commenter requested that we
provide additional language explaining that perennially dry lands
inadvertently left inside critical habitat boundaries due to mapping
resolution constraints are not being designated as critical habitat.
Our Response: Finer resolution data are not consistently available
throughout the range of the trispot darter and could not be used to
more precisely delineate the habitat containing the physical and
biological features necessary for the species to spawn. In the absence
of finer resolution data, to refine our critical habitat maps and
exclude upland areas that are not suitable habitat because they are dry
perennially, we used mean elevation data; specifically, we analyzed the
mean elevation where there are records for spawning trispot darters
and, from our analysis, we include in the designated critical habitat
all areas of the proposed critical habitat that are up to one standard
deviation greater than the calculated mean elevation for trispot darter
spawning occurrences. This approach removed much of the upland areas
originally proposed as critical habitat in Unit 1 that are likely
perennially dry and lacking any of the physical and biological features
necessary for the species. The analysis also resulted in revisions to
proposed Unit 4, as discussed above in Summary of Changes from the
Proposed Rule. In this final rule, we include language in the
description of the critical habitat units to specify that perennially
dry areas not identified as such by the mapping analysis are not being
designated as critical habitat (see Final Critical Habitat Designation,
below).
Critical Habitat
Background
Critical habitat is defined in section 3 of the Act as:
(1) The specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the Act, on which
are found those physical or biological features
(a) Essential to the conservation of the species, and
(b) Which may require special management considerations or
protection; and
(2) Specific areas outside the geographical area occupied by the
species at the time it is listed, upon a determination that such areas
are essential for the conservation of the species.
Our regulations at 50 CFR 424.02 define the geographical area
occupied by the species as an area that may generally be delineated
around species' occurrences, as determined by the Secretary (i.e.,
range). Such areas may include those areas used throughout all or part
of the species' life cycle, even if not used on a regular basis (e.g.,
migratory corridors, seasonal habitats, and habitats used periodically,
but not solely by vagrant individuals).
Conservation, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided pursuant to the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the requirement that Federal agencies ensure, in consultation
with the Service, that any action they authorize, fund, or carry out is
not likely to result in the destruction or adverse modification of
critical habitat. The designation of critical habitat does not affect
land ownership or establish a refuge, wilderness, reserve, preserve, or
other conservation area. Such designation does not allow the government
or public to access private lands. Such designation does not require
implementation of restoration, recovery, or enhancement measures by
non-Federal landowners. Where a landowner requests Federal agency
funding or authorization for an action that may affect a listed species
or critical habitat, the Federal agency would be required to consult
with the Service under section 7(a)(2) of the Act. However, even if the
Service were to conclude that the proposed activity would result in
destruction or adverse modification of the critical habitat, the
Federal action agency and the landowner are not required to abandon the
proposed activity, or to restore or recover the species; instead, they
must implement ``reasonable and prudent alternatives'' to avoid
destruction or adverse modification of critical habitat.
Under the first prong of the Act's definition of critical habitat,
areas within the geographical area occupied by the species at the time
it was listed are included in a critical habitat designation if they
contain physical or biological features (1) which are essential to the
conservation of the species and (2) which may require special
management considerations or protection. For these areas, critical
habitat designations identify, to the extent known using the best
scientific and commercial data available, those physical or biological
features that are essential to the conservation of the species (such as
space, food, cover, and protected habitat). In identifying those
physical or biological features within an area, we focus on the
specific features that support the life-history needs of the species,
including, but not limited to, water characteristics, soil type,
geological features, prey, vegetation, symbiotic species, or other
features. A feature may be a single habitat characteristic, or a more
complex combination of habitat characteristics. Features may include
habitat characteristics that support ephemeral or dynamic habitat
conditions. Features may also be expressed in terms relating to
principles of conservation biology, such as patch size, distribution
distances, and connectivity.
Under the second prong of the Act's definition of critical habitat,
we may designate critical habitat in areas outside the geographical
area occupied by the species at the time it is listed, upon a
determination that such areas are essential for the conservation of the
species. We will determine whether unoccupied areas are essential for
the conservation of the species by considering the life-history,
status, and conservation needs of the species. This will be further
informed by any generalized conservation strategy, criteria, or outline
that may have been developed for the species to provide a substantive
foundation for identifying which features and specific areas are
essential to the conservation of the species and, as a result, the
development of the critical habitat designation. For example, an area
currently occupied by the species but that was not occupied at the time
of
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listing may be essential to the conservation of the species and may be
included in the critical habitat designation.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific data available. Our Policy on
Information Standards under the Endangered Species Act (published in
the Federal Register on July 1, 1994 (59 FR 34271)), the Information
Quality Act (section 515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)),
and our associated Information Quality Guidelines, provide criteria,
establish procedures, and provide guidance to ensure that our decisions
are based on the best scientific data available. They require our
biologists, to the extent consistent with the Act and with the use of
the best scientific data available, to use primary and original sources
of information as the basis for recommendations to designate critical
habitat.
When we are determining which areas should be designated as
critical habitat, our primary source of information is generally the
information from the SSA report and other information developed during
the listing process for the species. Additional information sources may
include any generalized conservation strategy, criteria, or outline
that may have been developed for the species; the recovery plan for the
species; articles in peer-reviewed journals; conservation plans
developed by States and counties; scientific status surveys and
studies; biological assessments; other unpublished materials; or
experts' opinions or personal knowledge.
Habitat is dynamic, and species may move from one area to another
over time. We recognize that critical habitat designated at a
particular point in time may not include all of the habitat areas that
we may later determine are necessary for the recovery of the species.
For these reasons, a critical habitat designation does not signal that
habitat outside the designated area is unimportant or may not be needed
for recovery of the species. Areas that are important to the
conservation of the species, both inside and outside the critical
habitat designation, will continue to be subject to: (1) Conservation
actions implemented under section 7(a)(1) of the Act; (2) regulatory
protections afforded by the requirement in section 7(a)(2) of the Act
for Federal agencies to ensure their actions are not likely to
jeopardize the continued existence of any endangered or threatened
species; and (3) section 9 of the Act's prohibitions on taking any
individual of the species, including taking caused by actions that
affect habitat. Federally funded or permitted projects affecting listed
species outside their designated critical habitat areas may still
result in jeopardy findings in some cases. These protections and
conservation tools will continue to contribute to recovery of this
species. Similarly, critical habitat designations made on the basis of
the best available information at the time of designation will not
control the direction and substance of future recovery plans, habitat
conservation plans, or other species conservation planning efforts if
new information available at the time of these planning efforts calls
for a different outcome.
On August 27, 2019, we published a final rule in the Federal
Register (84 FR 45020) to amend our regulations concerning the
procedures and criteria we use to designate and revise critical
habitat. That rule became effective on September 26, 2019, but, as
stated under DATES in that rule, the amendments it sets forth apply to
rules for which a proposed rule was published after September 26, 2019.
We published our proposed critical habitat designation for the trispot
darter on December 28, 2018 (83 FR 67190); therefore, the amendments
set forth in the August 27, 2019, final rule at 84 FR 45020 do not
apply to this final designation of critical habitat for the trispot
darter.
Prudency and Determinability
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary shall designate critical habitat at the
time the species is determined to be an endangered or threatened
species. In our proposed critical habitat rule (83 FR 67190; December
28, 2018), we found that designating critical habitat is both prudent
and determinable. In this final rule, we reaffirm those determinations.
Physical or Biological Features Essential to the Conservation of the
Species
In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12(b), in determining which areas within the geographical
area occupied by the species at the time of listing to designate as
critical habitat, we consider the physical or biological features that
are essential to the conservation of the species and which may require
special management considerations or protection. The regulations at 50
CFR 424.02 define ``physical or biological features essential to the
conservation of the species'' as the features that occur in specific
areas and that are essential to support the life-history needs of the
species, including, but not limited to, water characteristics, soil
type, geological features, sites, prey, vegetation, symbiotic species,
or other features. A feature may be a single habitat characteristic or
a more complex combination of habitat characteristics. Features may
include habitat characteristics that support ephemeral or dynamic
habitat conditions. Features may also be expressed in terms relating to
principles of conservation biology, such as patch size, distribution
distances, and connectivity. For example, physical features essential
to the conservation of the species might include gravel of a particular
size required for spawning, alkali soil for seed germination,
protective cover for migration, or susceptibility to flooding or fire
that maintains necessary early-successional habitat characteristics.
Biological features might include prey species, forage grasses,
specific kinds or ages of trees for roosting or nesting, symbiotic
fungi, or a particular level of nonnative species consistent with
conservation needs of the listed species. The features may also be
combinations of habitat characteristics and may encompass the
relationship between characteristics or the necessary amount of a
characteristic essential to support the life history of the species.
In considering whether features are essential to the conservation
of the species, the Service may consider an appropriate quality,
quantity, and spatial and temporal arrangement of habitat
characteristics in the context of the life-history needs, condition,
and status of the species. These include, but are not limited to, space
for individual and population growth and for normal behavior; food,
water, air, light, minerals, or other nutritional or physiological
requirements; cover or shelter; sites for breeding, reproduction, or
rearing (or development) of offspring; and habitats that are protected
from disturbance.
The trispot darter is a freshwater fish that occurs in the Coosa
River system in the Ridge and Valley ecoregion of Alabama, Georgia, and
Tennessee. It is a migratory species that uses distinct breeding and
nonbreeding habitats. From approximately April to October, the species
occupies its nonbreeding habitat, which consists of small to medium
margins of rivers and lower reaches of tributaries with slower
velocities. It is associated with detritus, logs, and stands of water
willow, and with a substrate that consists of small cobbles, pebbles,
gravel, and often a fine
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layer of silt. During low flow periods, the darters move away from the
peripheral zones and toward the main channel; edges of water willow
beds, riffles, and pools; and mouths of tributaries.
Migration into spawning areas begins in approximately late November
or early December, with fish moving from the main channels into
tributaries and eventually reaching adjacent seepage areas where they
will congregate and remain for the duration of spawning, until
approximately late April. Breeding sites are intermittent seepage areas
and ditches with little to no flow; shallow depths (12 inches (30
centimeters) or less); moderate leaf litter covering mixed cobble,
gravel, sand, and clay; a deep layer of soft silt over clay; and
emergent vegetation. Additionally, breeding sites possess channels that
maintain base flow throughout the winter and early spring.
Trispot darters predominantly feed on mayfly nymphs and midge
larvae and pupae. A thorough review of the life history and ecology of
the trispot darter is presented in the SSA report (Service 2018,
entire). A summary of the resource needs of the trispot darter is
provided below in Table 1.
Table 1--Resource Needs for the Trispot Darter To Complete Each Life
Stage
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Life stage Resources needed
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Fertilized eggs................... Ephemeral streams/ditches connected
to nonbreeding habitat with
adequate water quality; vegetation,
rocks for adhesive eggs; eggs
submerged on vegetation and/or
rocks for approximately 30 days at
53 degrees Fahrenheit ([deg]F) (12
degrees Celsius ([deg]C)).
Larvae............................ Ephemeral streams/ditches connected
to nonbreeding habitat with
adequate water quality; low
predation, disease, and
environmental stress; flushing rain
events to reach lower stream
reaches; 41 days to reach juvenile
stage.
Juveniles......................... Flowing water with good water
quality; low predation, disease,
and environmental stress; adequate
food availability.
Nonbreeding adults (mid-April to Clear, flowing water in shallow
mid-October). pools and backwaters in main
channel with good water quality,
with a fine layer of silt and/or
debris, leaf litter; adequate food
availability.
Breeding adults (late November to Flowing water with adequate water
late April). quality, adequate flow to connect
to breeding areas; clean structure
(vegetation, rock, substrate);
appropriate male to female
demographics; appropriate spawning
temperatures.
------------------------------------------------------------------------
Summary of Essential Physical or Biological Features
We derive the specific physical or biological features essential to
the conservation of trispot darter from studies of this species'
habitat, ecology, and life history. Additional information can be found
in the October 4, 2017, proposed listing rule (82 FR 46183); the
December 28, 2018, final listing rule (83 FR 67131); the December 28,
2018, proposed critical habitat rule (83 FR 67190); and the SSA report
(Service 2018, entire). We have determined that the following physical
or biological features are essential to the conservation of trispot
darter:
(1) Geomorphically stable, small to medium streams with detritus,
woody debris, and stands of water willow (Justicia americana) over
stream substrate that consists of small cobble, pebbles, gravel, and
fine layers of silt; and intact riparian cover to maintain stream
morphology and reduce erosion and sediment inputs.
(2) Adequate seasonal water flows, or a hydrologic flow regime
(which includes the severity, frequency, duration, and seasonality of
discharge over time) necessary to maintain appropriate benthic habitats
and to maintain and create connectivity between permanently flowing
streams with associated streams that hold water from November through
April, providing connectivity between the darter's spawning and summer
areas.
(3) Water and sediment quality (including, but not limited to,
conductivity; hardness; turbidity; temperature; pH; ammonia; heavy
metals; pesticides; animal waste products; and nitrogen, phosphorus,
and potassium fertilizers) necessary to sustain natural physiological
processes for normal behavior, growth, and viability of all life
stages.
(4) Prey base of aquatic macroinvertebrates.
Special Management Considerations or Protection
When designating critical habitat, we assess whether the specific
areas within the geographical area occupied by the species at the time
of listing contain features that are essential to the conservation of
the species and which may require special management considerations or
protection. The features essential to the conservation of the trispot
darter may require special management considerations or protections to
reduce the following threats: (1) Urbanization of the landscape,
including (but not limited to) land conversion for urban and commercial
use, infrastructure (roads, bridges, utilities), and urban water uses
(water supply reservoirs, wastewater treatment); (2) nutrient pollution
from agricultural activities that impact water quantity and quality;
(3) significant alteration of water quality; (4) improper forest
management or silviculture activities that remove large areas of
forested wetlands and riparian systems; (5) culvert and pipe
installation that creates barriers to movement; (6) changes and shifts
in seasonal precipitation patterns as a result of climate change; (7)
other watershed and floodplain disturbances that release sediments or
nutrients into the water or fill suitable spawning habitat; and (8)
creation of reservoirs that convert permanently flowing streams and/or
streams that hold water from November through April into lake or pond-
like (lentic) environments.
Management activities that could ameliorate these threats include,
but are not limited to, use of best management practices (BMPs)
designed to reduce sedimentation, erosion, and bank-side destruction;
protection of riparian corridors and suitable spawning habitat;
retention of sufficient canopy cover along banks; moderation of surface
and ground water withdrawals to maintain natural flow regimes;
increased use of stormwater management and reduction of stormwater
flows into the stream systems; placement of culverts or bridges that
accommodate fish passage; and reduction of other watershed and
floodplain disturbances that release sediments, pollutants, or
nutrients into the water.
Criteria Used To Identify Critical Habitat
As required by section 4(b)(2) of the Act, we use the best
scientific data available to designate critical habitat. In
[[Page 61624]]
accordance with the Act and our implementing regulations at 50 CFR
424.12(b), we review available information pertaining to the habitat
requirements of the species and identify specific areas within the
geographical area occupied by the species at the time of listing and
any specific areas outside the geographical area occupied by the
species to be considered for designation as critical habitat.
The current distribution of the trispot darter is reduced from its
historical distribution. We anticipate that recovery will require
continued protection of existing populations and habitat, as well as
ensuring there are adequate numbers of fish in stable populations and
that these populations occur over a wide geographic area. This will
help to ensure that catastrophic events, such as floods, cannot
simultaneously affect all known populations. Rangewide recovery
considerations, such as maintaining existing genetic diversity and
striving for representation of all major portions of the species'
current range, were considered in formulating this critical habitat
designation.
Sources of data for this critical habitat include multiple
databases maintained by universities and State agencies in Tennessee,
Alabama, and Georgia, as well as numerous survey reports on streams
throughout the species' range. Other sources of available information
on habitat requirements for this species include studies conducted at
occupied sites and published in peer-reviewed articles, agency reports,
and data collected during monitoring efforts (Service 2018, entire).
Areas Occupied at the Time of Listing
This critical habitat designation does not include all streams
known to have been occupied by the species historically; instead, it
focuses on currently occupied streams and rivers within the historical
range that have retained the necessary physical or biological features
that will allow for the maintenance and expansion of existing
populations. For the purposes of critical habitat designation, we
determined a unit to be occupied if it contains recent (i.e., observed
in the past 10 years (since 2007), based on the data available for the
SSA analysis) observations of trispot darter. Collection records were
compiled and provided to us by State partners funded under a concurrent
section 6 status assessment for the trispot darter. Collection records
were obtained through the website FISHNET2 (an online repository of
ichthyological museum data) or directly from institutions. To delineate
spawning areas for trispot darter, we identified waterways where the
trispot darter was observed from November to April between the years
2007 and 2017. We assume these observations represented fish in or near
spawning habitat within the timeframe. We based this assumption on the
knowledge that this short-lived migratory species will stage near
spawning areas in pre-spawning congregations and that both spawning and
non-spawning individuals will make a migration.
We considered areas of low topographic variation at lower
elevations as exhibiting topographic characteristics that support
recharge of a shallow soil water table, slow release of water into
breeding channels, and connectivity between ephemeral breeding channels
and permanent trispot darter summer habitat. These areas support the
essential physical and biological features that allow for adequate
seasonal water flows, the hydrologic flow regime that maintains
appropriate trispot habitat, and connectivity between streams in the
winter. Areas of low topographic variation generally have slower stream
velocities and retain water for longer duration (i.e., have a less
``flashy'' hydrograph), in order to maintain necessary benthic habitat
and stream substrate. Areas at lower elevation interact with permanent
streams and rivers, and will be accessible to trispot darters
attempting to migrate into adjacent ephemeral spawning streams.
To identify areas with both low elevation and low topographic
variation, we conducted a geographic information system (GIS) analysis
using a 30-meter digital elevation model (DEM). We analyzed the areas
in Alabama separately from areas in the upper Coosa River basin in
Tennessee and Georgia owing to natural topographic differences between
the two regions, with the upper Coosa River basin having greater
topographic relief and higher elevations than areas where the species
occurs in Alabama. Low elevation for this analysis was defined as one
standard deviation above the mean elevation at which spawning trispot
darters were observed. Therefore, elevation ranged from 558 to 790 feet
(ft) (170 to 241 meters (m)). We used roughness, calculated as
described in the proposed critical habitat rule (83 FR 67190; December
28, 2018), as a measure of topographic variation. Subsequently, we
produced a map of potential spawning habitat by overlaying the spawning
elevation and roughness layers.
Finally, when delineating critical habitat that included spawning
habitat, we considered the dispersal ability of the trispot darter.
Trispot darters have been recorded to travel approximately 6,000 ft
(1,829 m) during a spawning season. Therefore, we only delineate lands
that exhibit topographic characteristics we consider suitable for
trispot darter spawning habitat that are within 6,000 ft (1,829 m) of a
trispot darter observation between November and April in the years 2007
to 2017.
The following rivers and streams meet the criteria described above
and are considered occupied by the species at the time of listing where
the essential physical and biological features are found: Big Canoe
Creek, Ballplay Creek, Conasauga River, Mill Creek, Coahulla Creek, and
Coosawattee River.
Areas Outside the Geographical Area Occupied at the Time of Listing
We may designate as critical habitat areas outside the geographical
area occupied as listing only if we determine that such areas are
essential for the conservation of the species. We may consider
unoccupied areas to be essential only where we determine that a
designation limited to geographical areas occupied by the species would
be inadequate to ensure the conservation of the species.
We are not designating any areas outside the geographical area
currently occupied by the species because we did not find any
unoccupied areas that were essential for the conservation of the
species. Protection of six moderately or highly resilient management
units across the physiographic representation of the range, all of
which are currently occupied by the species, will sufficiently reduce
the risk of extinction. Improving the resiliency of populations in the
currently occupied streams will likely increase viability to the point
that the protections of the Act are no longer necessary.
Critical Habitat Maps
When determining critical habitat boundaries, we make every effort
to avoid including developed areas such as lands covered by buildings,
pavement, and other structures because such lands lack physical or
biological features necessary for the trispot darter. The scale of the
maps we prepare under the parameters for publication within the Code of
Federal Regulations may not reflect the exclusion of such developed
lands. Any such lands inadvertently left inside critical habitat
boundaries shown on the maps of this rule have been excluded by text in
the rule and are not designated as critical habitat. Therefore, a
Federal action involving these lands will not trigger section 7
consultation with respect to critical habitat and the requirement of no
adverse modification
[[Page 61625]]
unless the specific action will affect the physical or biological
features in the adjacent critical habitat. We are designating critical
habitat in areas within the geographical area occupied by the species
at the time of listing in 2018. We are not designating any areas
outside the geographical area occupied by the species at the time of
listing.
The critical habitat designation is defined by the map or maps, as
modified by any accompanying regulatory text, presented below under
Regulation Promulgation. We include more detailed information on the
boundaries of the critical habitat designation in the discussion of
individual units, below. We will make the coordinates or plot points or
both on which each map is based available to the public on http://www.regulations.gov under Docket No. FWS-R4-ES-2018-0073.
Final Critical Habitat Designation
We are designating 175.4 river or stream miles (mi) (282.3
kilometers (km)) and 9,929 acres (ac) (4,018 hectares (ha)) in six
units as critical habitat for the trispot darter. These six critical
habitat areas, described below, constitute our current best assessment
of areas that meet the definition of critical habitat for the trispot
darter. All of these areas are in the Coosa River system in Alabama,
Georgia, and Tennessee. Table 2 shows the name, land ownership,
approximate stream miles, and acres of the designated units for the
trispot darter. Per State regulations (Alabama Code section 9-11-80,
Tennessee Code Annotated section 69-1-101, and Georgia Code section 52-
1-31), navigable waters are considered public rights-of-way. Lands
beneath the navigable waters included in this rule are owned by the
States of Alabama, Georgia, or Tennessee. Ownership of lands beneath
nonnavigable waters included in this rule are determined by riparian
land ownership. As discussed below, riparian lands along the waters
described are owned by either private, State, or Federal entities.
Table 2--Ownership of Critical Habitat Units for the Trispot Darter
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ownership * of river or stream miles (kilometers) Ownership of acres (hectares)
Unit ---------------------------------------------------------------------------------------------------------------
Private Local State Federal Total Private Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Big Canoe Creek...................... 41 (66) 0 0 0 41(66) 5,286 (2,139) 5,286 (2,139)
2. Ballplay Creek....................... 17 (27) 0 0 0 17 (27) 2,527 (1,023) 2,527 (1,023)
3. Conasauga River...................... 54.6 (87.8) 0 2.4 (3.9) 0 57 (92) 1,400 (567) 1,400 (567)
4. Mill Creek........................... 8.1 (13.0) 1.3 (2.1) 0 0 9.4 (15.1) 0 0
5. Coahulla Creek....................... 26 (42) 0 0 0 26 (42) 716 (290) 716 (290)
6. Coosawattee River.................... 24.2 (39.0) 0 0.3 (0.6) 0.42 (0.68) 25 (40.2) 0 0
Totals.............................. 170.9 (275) 1.3 (2.1) 2.7 (4.5) 0.42 (0.68) 175.4 (282.3) 9,929 (4,018) 9,929 (4,018)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Adjacent riparian ownership is reported under river or stream miles.
Note: Measurements may not sum due to rounding.
There may be some small perennially dry areas misidentified by our
digital elevation model analysis as spawning habitat that are included
inside critical habitat boundaries shown on the maps. Any such lands
inadvertently left inside critical habitat boundaries shown on the maps
of this rule are not being designated as critical habitat.
Below, we present brief descriptions of all units, and reasons why
they meet the definition of critical habitat for the trispot darter.
All units are currently occupied by the darter and contain the physical
and biological features that are essential to the conservation of the
species and which may require special management considerations or
protection.
Unit 1: Big Canoe Creek
Unit 1 consists of 41 stream mi (66 km) in St. Clair County,
Alabama, from approximately 3.5 mi (5.6 km) upstream of Pinedale Road,
west of Ashville, Alabama, to approximately U.S. Highway (Hwy.) 11. In
addition to Big Canoe Creek, Unit 1 includes the westernmost portion of
Little Canoe Creek to State Hwy. 174 and all of its associated
tributaries. Unit 1 also includes all low-elevation areas (5,286 ac
(2,139 ha)) containing channels that hold water from November through
April beginning 0.5 mi (0.8 km) upstream of County Road 31 upstream to
the U.S. Hwy. 11 crossing with Big Canoe Creek, approximately 0.70
miles (1.1 km) downstream of the Interstate 59 (I-59) crossing with the
Left Hand Prong Little Canoe Creek, and the State Hwy. 174 crossing
with Little Canoe Creek and Stovall Branch. The low-elevation riparian
areas that hold water seasonally in Unit 1 are privately owned, except
for bridge crossings and road easements, which are owned by the State
or County.
Additional special management considerations or protection may be
required within Unit 1 to alleviate impacts from stressors that have
led to the degradation of the habitat, including roadside erosion,
urban development, fish barriers, and unstable stream banks. Livestock
accessing streams and riparian buffers have led to high levels of
sedimentation, siltation, contamination, and nutrient-loading, as well
as destabilized stream banks.
Unit 2: Ballplay Creek
Unit 2 consists of 17 stream mi (27 km) of Ballplay Creek in
Etowah, Cherokee, and Calhoun Counties, Alabama, and 2,527 ac (1,023
ha) of ephemeral spawning habitat. Unit 2 begins upstream of a wetland
complex located at the border between Etowah and Cherokee Counties
approximately at County Road 32, and continues upstream approximately
to the U.S. Hwy. 278 crossing over Ballplay Creek in Calhoun County,
Alabama. Unit 2 includes all low-elevation areas (2,527 ac (1,023 ha))
containing channels that hold water from November through April
beginning upstream of a wetland complex located at the border between
Etowah and Cherokee Counties approximately 0.60 mi (1 km) southwest of
County Road 32 and extending upstream to the confluence of Ballplay and
Little Ballplay Creeks and to the west along Rocky Ford Road and Alford
Road. The spawning habitat in Unit 2 is privately owned except for
bridge crossings and road easements, which are owned by the State or
Counties. Additional special management considerations or protection
may be required within Unit 2 because entrenchment and channelization
have altered the channel and may degrade spawning habitat and reduce
floodplain access.
[[Page 61626]]
Unit 3: Conasauga River
Unit 3 consists of 57 stream mi (92 km) and 1,400 ac (567 ha) of
ephemeral wetland spawning habitat in Whitfield and Murray Counties,
Georgia, and Polk and Bradley Counties, Tennessee. Unit 3 begins in the
Conasauga River upstream of the mouth of Coahulla Creek and continues
upstream to the mouth of Minneawauga Creek.
Unit 3 also includes: Mill Creek from its confluence with the
Conasauga River in Bradley County, Tennessee, upstream to the first
impoundment on Mill Creek approximately at Green Shadow Road SE; Old
Fort Creek from Ladd Springs Road SE in Polk County, Tennessee, to its
confluence with Mill Creek in Bradley County, Tennessee; and Perry
Creek from its headwaters (approximately 0.35 mi (0.6 km) upstream of
Tennga Gregory Road) to its confluence with the Conasauga River in
Murray County, Georgia, and both of its tributaries. Unit 3 includes
all low-elevation areas (1,400 ac (567 ha)) containing channels that
hold water from November through April, beginning from the confluence
of the Conasauga River and Shears Branch (west of U.S. Hwy. 411 in Polk
County, Tennessee) to approximately 0.30 mi (0.5 km) downstream of the
confluence of the Conasauga River and Perry Creek; Mill Creek from
Hicks Tanyard Road downstream to its confluence with the Conasauga
River; Old Fort Creek from Hicks Tanyard Road to its confluence with
Mill Creek; and Perry Creek. The ephemeral wetland areas surrounding
the river in this unit include a combination of private ownership,
conservation easements, and State Natural Areas. The easements are held
by Georgia Department of Transportation, Georgia Department of Natural
Resources, and Georgia-Alabama Land trust.
Additional special management considerations or protection may be
required within the Conasauga River Unit to reduce impacts from
pollutants from agricultural runoff, construction of farm ponds that
destroy spawning habitat, development, erosion, sedimentation, and dams
and other barriers to dispersal.
Unit 4: Mill Creek
Unit 4 consists of 9.4 stream mi (15.1 km) of Mill Creek in
Whitfield County, Georgia. The land surrounding the river in this unit
is both in private ownership and owned by the City of Dalton, Georgia.
Unit 4 begins at the confluence of Mill Creek with Coahulla Creek and
continues upstream along Mill Creek for approximately 9.4 mi (15.1 km)
to the U.S. Hwy. 41 crossing.
Additional special management considerations or protection may be
required within Unit 4 to address pollutants from agricultural runoff,
agricultural ditching, and the construction of ponds that remove
potential spawning habitat. Sediment loading and excessive livestock
fecal contamination have degraded water quality and also require
special management considerations.
Unit 5: Coahulla Creek
Unit 5 consists of 26 stream mi (42 km) of Coahulla Creek and 716
ac (290 ha) of ephemeral spawning habitat in Whitfield County, Georgia,
and Bradley County, Tennessee. Unit 5 begins immediately upstream of
the Prater Mill dam upstream of State Hwy. 2 in Georgia. The unit
continues upstream for approximately 26 mi (42 km) to Ramsey Bridge
Road SE and includes ephemeral wetland habitat from 0.5 mi (0.8 km)
downstream of Hopewell Road to approximately 0.5 mi (0.8 km) upstream
of McGaughey Chapel Road. The ephemeral spawning habitat surrounding
the river in this unit is privately owned except for bridge crossings
and road easements, which are owned by the State or County.
Additional special management considerations or protection may be
required within Unit 5 to address pollutants from agricultural runoff,
agricultural ditching, and the construction of farm ponds that remove
spawning habitat. Sediment loading and excessive livestock fecal
contamination have degraded water quality and also require special
management considerations.
Unit 6: Coosawattee River
Unit 6 consists of 25 stream mi (40.2 km) of the Coosawattee River
beginning at the confluence with the Conasauga River in Gordon County,
Georgia. The unit continues upstream to Old Highway 411 downstream of
Carters Lake Reregulation Dam in Murray County, Georgia. The ephemeral
spawning habitat surrounding the river in this unit is a mix of State,
private, and Federal (U.S. Army Corps of Engineers) ownership.
Additional special management considerations or protection may be
required within Unit 6 to address erosion and sedimentation from urban
runoff and development, rural unpaved roads, dam construction and use,
and agriculture, leading to impairment of water quality.
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that any action they fund, authorize, or carry out
is not likely to jeopardize the continued existence of any endangered
species or threatened species or result in the destruction or adverse
modification of designated critical habitat of such species. In
addition, section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any agency action that is likely to
jeopardize the continued existence of any species proposed to be listed
under the Act or result in the destruction or adverse modification of
proposed critical habitat.
We published a final regulation with a revised definition of
destruction or adverse modification on August 27, 2019 (84 FR 44976).
Destruction or adverse modification means a direct or indirect
alteration that appreciably diminishes the value of critical habitat as
a whole for the conservation of a listed species.
If a Federal action may affect a listed species' critical habitat,
the responsible Federal agency (action agency) must enter into
consultation with us. Examples of actions that are subject to the
section 7 consultation process are actions on State, tribal, local, or
private lands that require a Federal permit (such as a permit from the
U.S. Army Corps of Engineers under section 404 of the Clean Water Act
(33 U.S.C. 1251 et seq.) or a permit from the Service under section 10
of the Act) or that involve some other Federal action (such as funding
from the Federal Highway Administration, Federal Aviation
Administration, or the Federal Emergency Management Agency). Federal
actions not affecting listed species or critical habitat--and actions
on State, tribal, local, or private lands that are not federally
funded, authorized, or carried out by a Federal agency--do not require
section 7 consultation.
Compliance with the requirements of section 7(a)(2), is documented
through our issuance of:
(1) A concurrence letter for Federal actions that may affect, but
are not likely to adversely affect, critical habitat; or
(2) A biological opinion for Federal actions that may affect, and
are likely to adversely affect, critical habitat.
When we issue a biological opinion concluding that a project is
likely to destroy or adversely modify critical habitat, we provide
reasonable and prudent alternatives to the project, if
[[Page 61627]]
any are identifiable, that would avoid the likelihood of destruction or
adverse modification of critical habitat. We define ``reasonable and
prudent alternatives'' (50 CFR 402.02) as alternative actions
identified during consultation that:
(1) Can be implemented in a manner consistent with the intended
purpose of the action,
(2) Can be implemented consistent with the scope of the Federal
agency's legal authority and jurisdiction,
(3) Are economically and technologically feasible, and
(4) Would, in the Director's opinion, avoid the likelihood of
destroying or adversely modifying critical habitat.
Reasonable and prudent alternatives can vary from slight project
modifications to extensive redesign or relocation of the project. Costs
associated with implementing a reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 set forth requirements for Federal
agencies to reinitiate formal consultation on previously reviewed
actions. These requirements apply when the Federal agency has retained
discretionary involvement or control over the action (or the agency's
discretionary involvement or control is authorized by law) and,
subsequent to the previous consultation, we have listed a new species
or designated critical habitat that may be affected by the Federal
action, or the action has been modified in a manner that affects the
species or critical habitat in a way not considered in the previous
consultation. In such situations, Federal agencies sometimes may need
to request reinitiation of consultation with us, but the regulations
also specify some exceptions to the requirement to reinitiate
consultation on specific land management plans after subsequently
listing a new species or designating new critical habitat. See the
regulations for a description of those exceptions.
Application of the ``Adverse Modification'' Standard
The key factor related to the destruction or adverse modification
determination is whether implementation of the proposed Federal action
directly or indirectly alters the designated critical habitat in a way
that appreciably diminishes the value of the critical habitat as a
whole for the conservation of the listed species. As discussed above,
the role of critical habitat is to support physical or biological
features essential to the conservation of a listed species and provide
for the conservation of the species.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe, in any proposed or final regulation that designates critical
habitat, activities involving a Federal action that may violate 7(a)(2)
of the Act by destroying or adversely modifying such habitat, or that
may be affected by such designation.
Activities that the Services may, during a consultation under
section 7(a)(2) of the Act, find are likely to destroy or adversely
modify critical habitat include, but are not limited to:
(1) Actions that would alter the minimum flow or the existing flow
regime. Such activities could include, but are not limited to,
impoundment, channelization, water diversion, and water withdrawal.
These activities could eliminate or reduce the habitat necessary for
the growth and reproduction of the trispot darter by decreasing or
altering seasonal flows to levels that would adversely affect the
species' ability to complete its life cycle.
(2) Actions that would significantly alter water chemistry or
quality. Such activities could include, but are not limited to, release
of chemicals (including pharmaceuticals, metals, herbicides, and
pesticides) or biological pollutants into the surface water or
connected groundwater at a point source or by dispersed release (non-
point source). These activities could alter water conditions to levels
that are beyond the tolerances of the trispot darter and result in
direct or cumulative adverse effects to individuals and their life
cycles.
(3) Actions that would significantly increase sediment deposition
within the stream channel. Such activities could include, but are not
limited to, excessive sedimentation from livestock grazing, road
construction, channel alteration, timber harvest, off-road vehicle use,
and other watershed and floodplain disturbances. These activities could
eliminate or reduce the habitat necessary for the growth and
reproduction of the trispot darter by increasing the sediment
deposition to levels that would adversely affect the species' ability
to complete its life cycle.
(4) Actions that would significantly increase eutrophic conditions.
Such activities could include, but are not limited to, release of
nutrients into the surface water or connected groundwater at a point
source or by dispersed release (non-point source). These activities
could result in excessive nutrients and algae filling streams and
reducing habitat, degrading water quality from excessive nutrients and
during algae decay, and decreasing oxygen levels below the tolerances
of the trispot darter.
(5) Actions that would significantly alter channel morphology or
geometry, or decrease connectivity. Such activities could include, but
are not limited to, channelization, impoundment, road and bridge
construction, mining, dredging, and destruction of riparian vegetation.
These activities may lead to changes in water flows and levels that
would degrade or eliminate the trispot darter and its habitats. These
actions could also lead to increased sedimentation and degradation in
water quality to levels beyond the tolerances of the trispot darter.
(6) Actions that result in the introduction, spread, or
augmentation of nonnative aquatic species in occupied stream segments,
or in stream segments that are hydrologically connected to occupied
stream segments, or introduction of other species that compete with or
prey on the trispot darter. Possible actions could include, but are not
limited to, stocking of nonnative fishes and crayfishes, stocking of
sport fish, or other related actions. These activities could introduce
parasites or disease; result in direct predation or direct competition;
or affect the growth, reproduction, and survival of the trispot darter.
Exemptions
Application of Section 4(a)(3) of the Act
Section 4(a)(3)(B)(i) of the Act (16 U.S.C. 1533(a)(3)(B)(i))
provides that ``The Secretary shall not designate as critical habitat
any lands or other geographical areas owned or controlled by the
Department of Defense, or designated for its use, that are subject to
an integrated natural resources management plan [INRMP] prepared under
section 101 of the Sikes Act (16 U.S.C. 670a), if the Secretary
determines in writing that such plan provides a benefit to the species
for which critical habitat is proposed for designation.'' There are no
Department of Defense lands with a completed INRMP within the final
critical habitat designation for the trispot darter.
Exclusions
Consideration of Impacts Under Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that the Secretary shall
designate and make revisions to critical habitat on the basis of the
best available scientific data after taking into consideration the
economic impact, national security impact, and any other relevant
impact of specifying any particular area as critical habitat.
[[Page 61628]]
The Secretary may exclude an area from critical habitat if he
determines that the benefits of such exclusion outweigh the benefits of
specifying such area as part of the critical habitat, unless he
determines, based on the best scientific data available, that the
failure to designate such area as critical habitat will result in the
extinction of the species. In making that determination, the statute on
its face, as well as the legislative history, are clear that the
Secretary has broad discretion regarding which factor(s) to use and how
much weight to give to any factor.
Consideration of Economic Impacts
Section 4(b)(2) of the Act and its implementing regulations require
that we consider the economic impact that may result from a designation
of critical habitat. To consider economic impacts, we prepared an
incremental effects memorandum (IEM) and screening analysis which,
together with our narrative and interpretation of effects, constitute
our final economic analysis (FEA) of the critical habitat designation
and related factors (IEc 2018, entire). Additional information relevant
to the probable incremental economic impacts of critical habitat
designation for the trispot darter is summarized below.
The final critical habitat designation for the trispot darter
totals approximately 175.4 mi (282.3 km) of streams and rivers and
9,929 ac (4,018 ha) of spawning areas, all occupied at the time of
listing. This final critical habitat designation is likely to result
annually in a maximum of one formal section 7 consultation, three
informal section 7 consultations, and two technical assistance efforts
at a total incremental cost of less than $13,000 per year. Because all
designated critical habitat is in the range occupied by the trispot
darter, any actions that may affect critical habitat will likely also
affect the species. Therefore, it is unlikely that any additional
conservation efforts will be required to address the adverse
modification standard over and above those recommended as necessary to
avoid jeopardizing the continued existence of the species. The only
additional costs expected due to the critical habitat designation are
administrative costs to consider adverse modification, which are
incurred by both the Federal action agency and the Service.
Exclusions Based on Economic Impacts
As discussed above, the Service considered the economic impacts of
the critical habitat designation, and the Secretary is not exercising
his discretion to exclude any areas from this designation of critical
habitat for the trispot darter based on economic impacts. A copy of the
IEM and screening analysis with supporting documents may be obtained by
contacting the Alabama Ecological Services Field Office (see ADDRESSES)
or by downloading from the internet at http://www.regulations.gov.
Exclusions Based on Impacts on National Security and Homeland Security
Section 4(a)(3)(B)(i) of the Act may not cover all Department of
Defense (DoD) lands or areas that pose potential national-security
concerns (e.g., a DoD installation that is in the process of revising
its INRMP for a newly listed species or a species previously not
covered). If a particular area is not covered under section
4(a)(3)(B)(i), national-security or homeland-security concerns are not
a factor in the process of determining what areas meet the definition
of ``critical habitat.'' Nevertheless, when designating critical
habitat under section 4(b)(2), the Service must consider impacts on
national security, including homeland security, on lands or areas not
covered by section 4(a)(3)(B)(i). Accordingly, we will always consider
for exclusion from the designation areas for which DoD, Department of
Homeland Security (DHS), or another Federal agency has requested
exclusion based on an assertion of national-security or homeland-
security concerns. No lands within the designation of critical habitat
for trispot darter are owned or managed by DoD or DHS. Consequently,
the Secretary is not exercising his discretion to exclude any areas
from this final designation based on impacts on national security.
Exclusions Based on Other Relevant Impacts
Under section 4(b)(2) of the Act, we consider any other relevant
impacts, in addition to economic impacts and impacts on national
security. We consider a number of factors including whether there are
permitted conservation plans covering the species in the area, such as
habitat conservation plans, safe harbor agreements, or candidate
conservation agreements with assurances, or whether there are non-
permitted conservation agreements and partnerships that would be
encouraged by designation of, or exclusion from, critical habitat. In
addition, we look at the existence of tribal conservation plans and
partnerships and consider the government-to-government relationship of
the United States with tribal entities. We also consider any social
impacts that might occur because of the designation.
In preparing this final rule, we have determined that there are
currently no permitted conservation plans or other non-permitted
conservation agreements or partnerships for the trispot darter, and the
final critical habitat designation does not include any tribal lands or
trust resources. We anticipate no impact on tribal lands, partnerships,
or permitted or non-permitted plans or agreements from this critical
habitat designation. Accordingly, the Secretary is not exercising his
discretion to exclude any areas from the final designation based on
other relevant impacts.
Required Determinations
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget (OMB) will
review all significant rules. The Office of Information and Regulatory
Affairs has determined that this rule is not significant.
Executive Order (E.O.) 13563 reaffirms the principles of E.O. 12866
while calling for improvements in the nation's regulatory system to
promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. E.O. 13563 emphasizes
further that regulations must be based on the best available science
and that the rulemaking process must allow for public participation and
an open exchange of ideas. We have developed this rule in a manner
consistent with these requirements.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA; 5 U.S.C. 801 et seq.), whenever an agency is required to
publish a notice of rulemaking for any proposed or final rule, it must
prepare and make available for public comment a regulatory flexibility
analysis that describes the effects of the rule on small entities
(i.e., small businesses, small organizations, and small government
jurisdictions). However, no regulatory
[[Page 61629]]
flexibility analysis is required if the head of the agency certifies
the rule will not have a significant economic impact on a substantial
number of small entities. The SBREFA amended the RFA to require Federal
agencies to provide a certification statement of the factual basis for
certifying that the rule will not have a significant economic impact on
a substantial number of small entities.
According to the Small Business Administration, small entities
include small organizations such as independent nonprofit
organizations; small governmental jurisdictions, including school
boards and city and town governments that serve fewer than 50,000
residents; and small businesses (13 CFR 121.201). Small businesses
include manufacturing and mining concerns with fewer than 500
employees, wholesale trade entities with fewer than 100 employees,
retail and service businesses with less than $5 million in annual
sales, general and heavy construction businesses with less than $27.5
million in annual business, special trade contractors doing less than
$11.5 million in annual business, and agricultural businesses with
annual sales less than $750,000. To determine whether potential
economic impacts to these small entities are significant, we considered
the types of activities that might trigger regulatory impacts under
this designation as well as types of project modifications that may
result. In general, the term ``significant economic impact'' is meant
to apply to a typical small business firm's business operations.
Under the RFA, as amended, and as understood in light of recent
court decisions, Federal agencies are required to evaluate only the
potential incremental impacts of rulemaking on those entities directly
regulated by the rulemaking itself; in other words, the RFA does not
require agencies to evaluate the potential impacts to indirectly
regulated entities. The regulatory mechanism through which critical
habitat protections are realized is section 7 of the Act, which
requires Federal agencies, in consultation with the Service, to ensure
that any action authorized, funded, or carried out by the agency is not
likely to destroy or adversely modify critical habitat. Therefore,
under section 7, only Federal action agencies are directly subject to
the specific regulatory requirement (avoiding destruction and adverse
modification) imposed by critical habitat designation. Consequently, it
is our position that only Federal action agencies will be directly
regulated by this designation. There is no requirement under the RFA to
evaluate the potential impacts to entities not directly regulated.
Moreover, Federal agencies are not small entities. Therefore, because
no small entities will be directly regulated by this rulemaking, the
Service certifies that this critical habitat designation will not have
a significant economic impact on a substantial number of small entities
and a regulatory flexibility analysis is not required.
Executive Order 13771
This rule is not an E.O. 13771 (``Reducing Regulation and
Controlling Regulatory Costs'') (82 FR 9339, February 3, 2017)
regulatory action because this rule is not significant under E.O.
12866.
Energy Supply, Distribution, or Use--Executive Order 13211
Executive Order 13211 (Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use) requires
agencies to prepare Statements of Energy Effects when undertaking
certain actions. OMB has provided guidance for implementing this E.O.
that outlines nine outcomes that may constitute ``a significant adverse
effect'' when compared to not taking the regulatory action under
consideration. The economic analysis finds that none of these criteria
is relevant to this analysis. Thus, based on information in the
economic analysis, energy-related impacts associated with trispot
darter conservation activities within critical habitat are not
expected. As such, the designation of critical habitat is not expected
to significantly affect energy supplies, distribution, or use.
Therefore, this action is not a significant energy action, and no
Statement of Energy Effects is required.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we make the following findings:
(1) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute, or regulation
that would impose an enforceable duty upon State, local, or tribal
governments, or the private sector, and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State,
local, and tribal governments under entitlement authority,'' if the
provision would ``increase the stringency of conditions of assistance''
or ``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding,'' and the State, local, or tribal
governments ``lack authority'' to adjust accordingly. At the time of
enactment, these entitlement programs were: Medicaid; Aid to Families
with Dependent Children work programs; Child Nutrition; Food Stamps;
Social Services Block Grants; Vocational Rehabilitation State Grants;
Foster Care, Adoption Assistance, and Independent Living; Family
Support Welfare Services; and Child Support Enforcement. ``Federal
private sector mandate'' includes a regulation that ``would impose an
enforceable duty upon the private sector, except (i) a condition of
Federal assistance or (ii) a duty arising from participation in a
voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal Government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. While non-Federal entities that receive
Federal funding, assistance, or permits, or that otherwise require
approval or authorization from a Federal agency for an action, may be
indirectly impacted by the designation of critical habitat, the legally
binding duty to avoid destruction or adverse modification of critical
habitat rests squarely on the Federal agency. Furthermore, to the
extent that non-Federal entities are indirectly impacted because they
receive Federal assistance or participate in a voluntary Federal aid
program, the Unfunded Mandates Reform Act would not apply, nor would
critical habitat shift the costs of the large entitlement programs
listed above onto State governments.
(2) We do not believe that this rule will significantly or uniquely
affect small governments because most of the lands within and adjacent
to the streams being designated as critical habitat are owned by
private landowners. These entities do not fit the definition of ``small
governmental jurisdiction.'' The 4.42 mi (7.28 km) of riparian habitat
owned by Federal, State, or local governments that we are designating
as
[[Page 61630]]
critical habitat in this rule are either lands managed for conservation
or lands already developed. Consequently, we do not believe that the
critical habitat designation will significantly or uniquely affect
small government entities. As such, a Small Government Agency Plan is
not required.
Takings--Executive Order 12630
In accordance with E.O. 12630 (Government Actions and Interference
with Constitutionally Protected Private Property Rights), we have
analyzed the potential takings implications of designating critical
habitat for the trispot darter in a takings implications assessment.
The Act does not authorize the Service to regulate private actions on
private lands or confiscate private property as a result of critical
habitat designation. Designation of critical habitat does not affect
land ownership, or establish any closures, or restrictions on use of or
access to the designated areas. Furthermore, the designation of
critical habitat does not affect landowner actions that do not require
Federal funding or permits, nor does it preclude development of habitat
conservation programs or issuance of incidental take permits to permit
actions that do require Federal funding or permits to go forward.
However, Federal agencies are prohibited from carrying out, funding, or
authorizing actions that would destroy or adversely modify critical
habitat. A takings implications assessment has been completed and
concludes that this designation of critical habitat for the trispot
darter does not pose significant takings implications for lands within
or affected by the designation.
Federalism--Executive Order 13132
In accordance with E.O. 13132 (Federalism), this rule does not have
significant Federalism effects. A federalism summary impact statement
is not required. In keeping with Department of the Interior and
Department of Commerce policy, we requested information from, and
coordinated development of the critical habitat designation with, the
appropriate State resource agencies. We did not receive comments from
the States. From a federalism perspective, the designation of critical
habitat directly affects only the responsibilities of Federal agencies.
The Act imposes no other duties with respect to critical habitat,
either for States and local governments, or for anyone else. As a
result, the rule does not have substantial direct effects either on the
State, or on the relationship between the national government and the
State, or on the distribution of powers and responsibilities among the
various levels of government. The designation may have some benefit to
these governments because the areas that contain the features essential
to the conservation of the species are more clearly defined, and the
physical or biological features of the habitat necessary to the
conservation of the species are specifically identified. This
information does not alter where and what federally sponsored
activities may occur. However, it may assist these local governments in
long-range planning (because these local governments no longer have to
wait for case-by-case section 7 consultations to occur).
Where State and local governments require approval or authorization
from a Federal agency for actions that may affect critical habitat,
consultation under section 7(a)(2) will be required. While non-Federal
entities that receive Federal funding, assistance, or permits, or that
otherwise require approval or authorization from a Federal agency for
an action, may be indirectly impacted by the designation of critical
habitat, the legally binding duty to avoid destruction or adverse
modification of critical habitat rests squarely on the Federal agency.
Civil Justice Reform--Executive Order 12988
In accordance with Executive Order 12988 (Civil Justice Reform),
the Office of the Solicitor has determined that the rule does not
unduly burden the judicial system and that it meets the requirements of
sections 3(a) and 3(b)(2) of the Order. We are designating critical
habitat in accordance with the provisions of the Act. To assist the
public in understanding the habitat needs of the species, this rule
identifies the elements of physical or biological features essential to
the conservation of the species. The designated areas of critical
habitat are presented on maps, and the rule provides several options
for the interested public to obtain more detailed location information,
if desired.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) is not
required. We may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid OMB control number.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
It is our position that, outside the jurisdiction of the U.S. Court
of Appeals for the Tenth Circuit, we do not need to prepare
environmental analyses pursuant to the National Environmental Policy
Act (NEPA; 42 U.S.C. 4321 et seq.) in connection with designating
critical habitat under the Act. We published a notice outlining our
reasons for this determination in the Federal Register on October 25,
1983 (48 FR 49244). This position was upheld by the U.S. Court of
Appeals for the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495
(9th Cir. 1995), cert. denied 516 U.S. 1042 (1996)).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175 (Consultation and
Coordination With Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
tribes in developing programs for healthy ecosystems, to acknowledge
that tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to tribes.
We have identified no tribal interests that will be affected by
this rule.
References Cited
A complete list of references cited in this rule is available on
the internet at http://www.regulations.gov under Docket No. FWS-R4-ES-
2018-0073 and upon request from the Alabama Ecological Services Field
Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this rule are the staff members of the U.S.
Fish and Wildlife Service's Species Assessment Team and Alabama
Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
[[Page 61631]]
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245,
unless otherwise noted.
0
2. Amend Sec. 17.11 in paragraph (h) by revising the entry for
``Darter, trispot'' under FISHES in the List of Endangered and
Threatened Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations and
Common name Scientific name Where listed Status applicable rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Fishes
* * * * * * *
Darter, trispot................ Etheostoma Wherever found.... T.............. 83 FR 67131, 12/28/
trisella. 2018; 50 CFR
17.44(q); \4d\ 50 CFR
17.95(e).\CH\
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. Amend Sec. 17.95 in paragraph (e) by adding an entry for ``Trispot
Darter (Etheostoma trisella)'' immediately following the entry for
``Slackwater Darter (Etheostoma boschungi)'', to read as follows:
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(e) Fishes.
* * * * *
Trispot Darter (Etheostoma Trisella)
(1) Critical habitat units are depicted for St. Clair, Etowah,
Cherokee, and Calhoun Counties, Alabama; Bradley and Polk Counties,
Tennessee; and Whitfield, Murray, and Gordon Counties, Georgia, on the
maps in this entry.
(2) Within these areas, the physical or biological features
essential to the conservation of the trispot darter consist of the
following components:
(i) Geomorphically stable, small to medium streams with detritus,
woody debris, and stands of water willow (Justicia americana) over
stream substrate that consists of small cobble, pebbles, gravel, and
fine layers of silt; and intact riparian cover to maintain stream
morphology and reduce erosion and sediment inputs.
(ii) Adequate seasonal water flows, or a hydrologic flow regime
(which includes the severity, frequency, duration, and seasonality of
discharge over time) necessary to maintain appropriate benthic habitats
and to maintain and create connectivity between permanently flowing
streams with associated streams that hold water from November through
April, providing connectivity between the darter's spawning and summer
areas.
(iii) Water and sediment quality (including, but not limited to,
conductivity; hardness; turbidity; temperature; pH; ammonia; heavy
metals; pesticides; animal waste products; and nitrogen, phosphorus,
and potassium fertilizers) necessary to sustain natural physiological
processes for normal behavior, growth, and viability of all life
stages.
(iv) Prey base of aquatic macroinvertebrates.
(3) Critical habitat does not include manmade structures (such as
buildings, aqueducts, runways, roads, and other paved areas) and the
land on which they are located existing within the legal boundaries on
October 30, 2020. In addition, any lands that are perennially dry areas
that are located within the critical habitat boundaries shown on the
maps in this entry are not designated as critical habitat.
(4) Critical habitat map units. Data layers defining map units were
created using Universal Transverse Mercator (UTM) Zone 16N coordinates
and species' occurrence data. The hydrologic data used in the maps were
extracted from U.S. Geological Survey National Hydrography Dataset High
Resolution (1:24,000 scale) using Geographic Coordinate System North
American 1983 coordinates. The maps in this entry, as modified by any
accompanying regulatory text, establish the boundaries of the critical
habitat designation. The coordinates or plot points or both on which
each map is based are available to the public at http://www.regulations.gov under Docket No. FWS-R4-ES-2018-0073.
(5) Note: Index map follows:
BILLING CODE 4333-15-P
[[Page 61632]]
[GRAPHIC] [TIFF OMITTED] TR30SE20.003
(6) Unit 1: Big Canoe Creek, St. Clair County, Alabama.
(i) General Description: Unit 1 consists of 41 stream miles (mi)
(66 kilometers (km)) in St. Clair County, Alabama, from approximately
3.5 mi (5.6 km) upstream of Pinedale Road, west of Ashville, Alabama,
to approximately U.S. Highway (Hwy.) 11. In addition to Big Canoe
Creek, Unit 1 includes the westernmost portion of Little Canoe Creek to
State Hwy. 174 and all of its associated tributaries. Unit 1 also
includes all low-elevation areas (5,286 acres (ac) (2,139 hectares
(ha))) containing channels that hold water from November through April
beginning 0.5 mi (0.8 km) upstream of County Road 31 upstream to the
U.S. Hwy. 11 crossing with Big Canoe Creek, approximately 0.70 mi (1.1
km) downstream of the Interstate 59 (I-59) crossing with the Left Hand
Prong Little Canoe Creek, and the State Hwy. 174 crossing with Little
Canoe Creek and Stovall Branch.
(ii) Map of Unit 1 follows:
[[Page 61633]]
[GRAPHIC] [TIFF OMITTED] TR30SE20.004
(7) Unit 2: Ballplay Creek, Etowah, Cherokee, and Calhoun Counties,
Alabama.
(i) Unit 2 consists of 17 stream mi (27 km) of Ballplay Creek in
Etowah, Cherokee, and Calhoun Counties, Alabama, and 2,527 ac (1,023
ha) of ephemeral spawning habitat. Unit 2 begins upstream of a wetland
complex located at the border between Etowah and Cherokee Counties
approximately at County Road 32, and continues upstream approximately
to the U.S. Hwy. 278 crossing over Ballplay Creek in Calhoun County,
Alabama. Unit 2 includes all low-elevation areas containing channels
that hold water from November through April beginning upstream of the
wetland complex located at the border between Etowah and Cherokee
Counties approximately 0.60 mi (1 km) southwest of County Road 32,
extending upstream to the confluence of Ballplay and Little Ballplay
Creeks and to the west along Rocky Ford Road and Alford Road.
(ii) Map of Unit 2 follows:
[[Page 61634]]
[GRAPHIC] [TIFF OMITTED] TR30SE20.005
(8) Unit 3: Conasauga River, Bradley and Polk Counties, Tennessee,
and Whitfield and Murray Counties, Georgia.
(i) Unit 3 consists of 57 stream mi (92 km) and 1,400 ac (567 ha)
of ephemeral wetland spawning habitat in Whitfield and Murray Counties,
Georgia, and Polk and Bradley Counties, Tennessee. Unit 3 begins in the
Conasauga River upstream of the mouth of Coahulla Creek and continues
upstream to the mouth of Minneawauga Creek. Unit 3 also includes Mill
Creek, from its confluence with the Conasauga River in Bradley County,
Tennessee, upstream to the first impoundment on Mill Creek
approximately at Green Shadow Road SE; Old Fort Creek, from Ladd
Springs Road SE in Polk County, Tennessee, to its confluence with Mill
Creek in Bradley County, Tennessee; and Perry Creek, from its
headwaters (approximately 0.35 mi (0.6 km) upstream of Tennga Gregory
Road) to its confluence with the Conasauga River in Murray County,
Georgia, and both of its tributaries. Unit 3 includes all low-elevation
areas containing channels that hold water from November through April,
beginning from the confluence of the Conasauga River and Shears Branch
(west of U.S. Hwy. 411 in Polk County, Tennessee) to approximately 0.30
mi (0.5 km) downstream of the confluence of the Conasauga River and
Perry Creek; Mill Creek from Hicks Tanyard Road downstream to its
confluence with the Conasauga River; Old Fort Creek from
[[Page 61635]]
Hicks Tanyard Road to its confluence with Mill Creek; and Perry Creek.
(ii) Map of Unit 3 follows:
[GRAPHIC] [TIFF OMITTED] TR30SE20.006
(9) Unit 4: Mill Creek, Whitfield County, Georgia.
(i) Unit 4 consists of 9.4 stream mi (15.1 km) of Mill Creek in
Whitfield County, Georgia. Unit 4 begins at the confluence of Mill
Creek with Coahulla Creek and continues upstream along Mill Creek for
approximately 9.4 mi (15.1 km) to the U.S. Hwy. 41 crossing.
(ii) Map of Unit 4 follows:
[[Page 61636]]
[GRAPHIC] [TIFF OMITTED] TR30SE20.007
(10) Unit 5: Coahulla Creek, Whitfield County, Georgia, and Bradley
County, Tennessee.
(i) Unit 5 consists of 26 stream mi (42 km) of Coahulla Creek and
716 ac (290 ha) of ephemeral spawning habitat in Whitfield County,
Georgia, and Bradley County, Tennessee. Unit 5 begins immediately
upstream of the Prater Mill dam upstream of State Hwy. 2 in Georgia.
The unit continues upstream for approximately 26 mi (42 km) to Ramsey
Bridge Road SE and includes ephemeral wetland habitat from 0.5 mi (0.8
km) downstream of Hopewell Road to approximately 0.5 mi (0.8 km)
upstream of McGaughey Chapel Road.
(ii) Map of Unit 5 follows:
[[Page 61637]]
[GRAPHIC] [TIFF OMITTED] TR30SE20.008
(11) Unit 6: Coosawattee River, Gordon and Murray Counties,
Georgia.
(i) Unit 6 consists of 25 stream mi (40.2 km) of the Coosawattee
River beginning at the confluence with the Conasauga River in Gordon
County, Georgia. The unit continues upstream to Old Highway 411
downstream of Carters Lake Reregulation Dam in Murray County, Georgia.
(ii) Map of Unit 6 follows:
[[Page 61638]]
[GRAPHIC] [TIFF OMITTED] TR30SE20.009
* * * * *
Aurelia Skipwith,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-19115 Filed 9-29-20; 8:45 am]
BILLING CODE 4333-15-C