[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Proposed Rules]
[Pages 47612-47635]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18212]
[[Page 47612]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2013-0008; 4500030113]
RIN 1018-AZ34
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Sharpnose Shiner and Smalleye Shiner
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
designate critical habitat for the sharpnose shiner (Notropis
oxyrhynchus) and smalleye shiner (N. buccula) under the Endangered
Species Act of 1973, as amended (Act). In total, approximately 1,002
river kilometers (623 river miles) of river segments occupied by the
species in Baylor, Crosby, Fisher, Garza, Haskell, Kent, King, Knox,
Stonewall, Throckmorton, and Young Counties in the upper Brazos River
basin of Texas fall within the boundaries of the proposed critical
habitat. If we finalize this rule as proposed, it would extend the
Act's protections to these species' critical habitat.
DATES:
Written comments: We will accept comments received or postmarked on
or before October 7, 2013. Comments submitted electronically using the
Federal eRulemaking Portal (see ADDRESSES, below) must be received by
11:59 p.m. Eastern Time on the closing date.
Public informational session and public hearing: We will hold a
public hearing on September 4, 2013. The public information session
will begin at 5:00 p.m., and the public hearing will begin at 6:30 p.m.
and end at 8:00 p.m. Central Time.
ADDRESSES: Written comments: You may submit comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search field, enter Docket No. FWS-R2-ES-
2013-0008, which is the docket number for this rulemaking. Then, in the
Search panel on the left side of the screen, under the Document Type
heading, click on the Proposed Rules link to locate this document. You
may submit a comment by clicking on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R2-ES-2013-0008; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
We request that you send comments only by the methods described
above. We will post all comments on http://www.regulations.gov under
Docket Number FWS-R2-ES-2013-0008. This generally means that we will
post any personal information you provide us (see the Information
Requested section below for more information).
Coordinates or plot points: The coordinates or plot points or both
from which the proposed critical habitat maps are generated and are
available at http://www.fws.gov/southwest/es/ArlingtonTexas/, at http://www.regulations.gov at Docket No. FWS-R2-ES-2013-0008, and at the
Arlington, Texas Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT). Any additional tools or supporting information
that we may develop for this rulemaking will also be available at the
Fish and Wildlife Service Web site and Field Office set out above, and
may also be included in the preamble or at http://www.regulations.gov.
Public informational session and public hearing: The public
informational session and hearing will be held in the Upstairs
Conference Room at the Abilene Civic Center, 1100 North 6th Street,
Abilene, Texas.
FOR FURTHER INFORMATION CONTACT: Erik Orsak, Acting Field Supervisor,
U.S. Fish and Wildlife Service, Arlington, Texas, Ecological Services
Field Office, 2005 NE Green Oaks Blvd., Suite 140, Arlington, TX 76006;
by telephone 817-277-1100; or by facsimile 817-277-1129. Persons who
use a telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Endangered Species Act
(Act), any species that is determined to be endangered or threatened
requires critical habitat to be designated, to the maximum extent
prudent and determinable. Designations and revisions of critical
habitat can only be completed by issuing a rule. Elsewhere in today's
Federal Register, we propose to list the sharpnose shiner and smalleye
shiner as endangered species under the Act.
This rule consists of a proposed rule to designate critical habitat
for the sharpnose shiner and smalleye shiner. The sharpnose shiner and
smalleye shiner are proposed for listing under the Act. This rule
proposes designation of critical habitat necessary for the conservation
of the species.
The basis for our action. Under the Endangered Species Act, any
species that is determined to be an endangered or threatened species
shall, to the maximum extent prudent and determinable, have habitat
designated that is considered to be critical habitat. Section 4(b)(2)
of the Endangered Species 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. 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.
The species are proposed for listing as endangered, and we also propose
to designate approximately 1,002 river kilometers (km) (623 miles (mi))
of the upper Brazos River basin and the upland areas extending beyond
the bankfull river channel by 30 meters (m) (98 feet (ft)) on each side
as critical habitat in the following Texas counties: Baylor, Crosby,
Fisher, Garza, Haskell, Kent, King, Knox, Stonewall, Throckmorton, and
Young.
We are preparing an economic analysis of the proposed designations
of critical habitat. In order to consider economic impacts, we are
preparing a new analysis of the economic impacts of the proposed
critical habitat designations and related factors. We will announce the
availability of the draft economic analysis as soon as it is completed,
at which time we will seek additional public review and comment.
We will seek peer review. We are seeking comments from
knowledgeable individuals with scientific expertise to review our
analysis of the best available science and application of that science
and to provide any additional scientific information to improve this
proposed rule. Because we will consider all comments and information we
receive during the comment period, our final determinations may differ
from this proposal.
[[Page 47613]]
Information Requested
Public Comments
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from other concerned governmental agencies,
Native American tribes, the scientific community, industry, or any
other interested parties concerning this proposed rule. We particularly
seek comments concerning:
(1) The reasons why we should or should not designate habitat as
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et
seq.), including whether there are threats to the species from human
activity, the degree of which can be expected to increase due to the
designation, and whether that increase in threats outweighs the benefit
of designation such that the designation of critical habitat may not be
prudent.
(2) Specific information on:
(a) The amount and distribution of the sharpnose shiner and
smalleye shiner and their habitat;
(b) What areas, that were occupied at the time of listing (or are
currently occupied) and that contain features essential to the
conservation of the species, should be included in the designation and
why;
(c) Special management considerations or protection that may be
needed in critical habitat areas we are proposing, including managing
for the potential effects of climate change; and
(d) What areas not occupied at the time of listing are essential
for the conservation of the species and why.
(3) Land use designations and current or planned activities in the
subject areas and their possible impacts of these activities on these
species and proposed critical habitat.
(4) Information on the projected and reasonably likely impacts of
climate change on the sharpnose shiner and smalleye shiner and proposed
critical habitat.
(5) Any probable economic, national security, or other relevant
impacts of designating any area that may be included in the final
designation; in particular, we seek information on any impacts on small
entities or families, and the benefits of including or excluding areas
that exhibit these impacts.
(6) Whether any specific areas we are proposing for critical
habitat designation should be considered for exclusion under section
4(b)(2) of the Act, and whether the benefits of potentially excluding
any specific area outweigh the benefits of including that area under
section 4(b)(2) of the Act.
(7) Whether we could improve or modify our approach to designating
critical habitat in any way to provide for greater public participation
and understanding or to better accommodate public concerns and
comments.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We request
that you send comments only by the methods described in the ADDRESSES
section.
If you submit information via http://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the Web site. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on http://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov at Docket
No. FWS-R2-ES-2013-0008, or by appointment, during normal business
hours, at the U.S. Fish and Wildlife Service, Arlington, Texas,
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
Public Hearing
Section 4(b)(5) of the Act provides for one or more public hearings
on this proposal, if requested. We will hold a public hearing on
Wednesday, September 4, 2013. The public information session will begin
at 5:00 p.m., and the public hearing will begin at 6:30 p.m. and end at
8:00 p.m. Central Time. The public informational session and hearing
will be held in the Upstairs Conference Room at the Abilene Civic
Center, 1100 North 6th Street, Abilene, Texas. People needing
reasonable accommodation in order to attend and participate in the
public hearing should contact Erik Orsak, Field Supervisor, Arlington,
Texas, Ecological Services Office, as soon as possible (see FOR FURTHER
INFORMATION CONTACT).
Peer Review
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), we will seek the expert
opinions of at least three appropriate and independent specialists
regarding this proposed rule. The purpose of peer review is to ensure
that our critical habitat designations are based on scientifically
sound data, assumptions, and analyses. We will invite these peer
reviewers to comment during this public comment period.
We will consider all comments and information we receive during
this comment period on this proposed rule during our preparation of a
final determination. Accordingly, the final decision may differ from
this proposal.
Previous Federal Actions
All previous Federal actions are described in the proposal to list
the sharpnose shiner and smalleye shiner as endangered species under
the Act, which is published elsewhere in today's Federal Register.
Critical Habitat
Background
It is our intent to discuss below only those topics directly
relevant to the proposed designation of critical habitat for the
sharpnose shiner and smalleye shiner. For a thorough assessment of the
species' biology and natural history, including limiting factors and
species resource needs, please refer to the June 2013 version of the
Status Assessment Report for the Sharpnose Shiner and Smalleye Shiner
(SSA Report; Service 2013, entire, available online at
www.regulations.gov under Docket No. FWS-R2-ES-2013-0008).
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.
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
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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 consultation requirements of section 7(a)(2)
of the Act would apply, but even in the event of a destruction or
adverse modification finding, the obligation of the Federal action
agency and the landowner is not to restore or recover the species, but
to 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 and biological features within an area, we focus on the
principal biological or physical constituent elements (primary
constituent elements such as roost sites, nesting grounds, seasonal
wetlands, water quality, tide, soil type) that are essential to the
conservation of the species. Primary constituent elements are those
specific elements of the physical or biological features that provide
for a species' life-history processes and are essential to the
conservation of the species.
Under the second prong of the Act's definition of critical habitat,
we can 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. For example, an area currently occupied by the species, but
that was not occupied at the time of listing, may be essential to the
conservation of the species and may be included in the critical habitat
designation. We designate critical habitat in areas outside the
geographic area occupied by a species only when a designation limited
to its range would be inadequate to ensure the conservation of the
species.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific data available. Further, 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 developed during the listing process for the species. For
the sharpnose and smalleye shiners, we rely on the June 2013 SSA Report
(Service 2013, entire) and the proposed rule to list the species as
endangered, which appears elsewhere in today's Federal Register.
Additional information sources may include 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 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 result in
jeopardy findings in some cases. These protections and conservation
tools will 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
(HCPs), or other species conservation planning efforts if new
information available at the time of these planning efforts calls for a
different outcome.
Prudency Determination
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. Our regulations (50 CFR 424.12(a)(1)) state that
the designation of critical habitat is not prudent when one or both of
the following situations exist:
(1) The species is threatened by taking or other human activity,
and identification of critical habitat can be expected to increase the
degree of threat to the species, or
(2) Such designation of critical habitat would not be beneficial to
the species.
There is currently no imminent threat of take attributed to
noncommercial collection or vandalism for either of these species, and
identification and mapping of critical habitat is not expected to
initiate any such threat. In the absence of a finding that the
designation of critical habitat would increase threats to a species, if
there are any benefits to a critical habitat
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designation, then a prudent finding is warranted. The potential
benefits include: (1) Triggering consultation under section 7 of the
Act in new areas for actions in which there may be a Federal nexus
where it would not otherwise occur because, for example, it has become
unoccupied or the occupancy is in question; (2) focusing conservation
activities on the most essential features and areas; (3) providing
educational benefits to State or county governments or private
entities; and (4) preventing people from causing inadvertent harm to
the species. Therefore, because we have determined that the designation
of critical habitat would not likely increase the degree of threat to
the species, and may provide some measure of benefit, we find that
designation of critical habitat is prudent for the sharpnose shiner and
smalleye shiner.
Critical Habitat Determinability
Having determined that designation is prudent, under section
4(a)(3) of the Act, we must find whether critical habitat for the
sharpnose shiner and smalleye shiner is determinable. Our regulations
at 50 CFR 424.12(a)(2) state that critical habitat is not determinable
when one or both of the following situations exist:
(1) Information sufficient to perform required analyses of the
impacts of the designation is lacking, or
(2) The biological needs of the species are not sufficiently well
known to permit identification of an area as critical habitat.
When critical habitat is not determinable, the Act provides for an
additional year to publish a critical habitat designation (16 U.S.C.
1533(b)(6)(C)(ii)).
We reviewed the available information pertaining to the biological
needs of the species and habitat characteristics where this species is
located. This and other information represent the best scientific data
available and led us to conclude that the designation of critical
habitat is determinable for the sharpnose shiner and smalleye shiner.
Physical or Biological Features
In accordance with section 3(5)(A)(i) and 4(b)(1)(A) of the Act and
regulations at 50 CFR 424.12, 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.
These include, but are not limited to:
(1) Space for individual and population growth and for normal
behavior;
(2) Food, water, air, light, minerals, or other nutritional or
physiological requirements;
(3) Cover or shelter;
(4) Sites for breeding, reproduction, or rearing (or development)
of offspring; and
(5) Habitats that are protected from disturbance or are
representative of the historical, geographic, and ecological
distributions of a species.
Sharpnose Shiner
We derive the specific physical or biological features required for
the sharpnose shiner from studies of this species' habitat, ecology,
and life history as described below. We have used the best available
information, as described in the June 2013 SSA Report (Service 2013,
Chapter 2). To identify the physical and biological needs of the
sharpnose shiner, we have relied on conditions at currently occupied
locations where the shiner has been observed during surveys and the
best information available on the species. Below, we summarize the
physical and biological features needed by foraging and breeding
sharpnose shiners. For a complete review of the physical and biological
features required by the sharpnose shiner, see Chapter 2 of the June
2013 SSA Report (Service 2013, Chapter 2). We have determined that the
following physical or biological features are essential to the
sharpnose shiner.
Space for Individual and Population Growth and for Normal Behavior
Sharpnose shiners occur in fairly shallow, flowing water, often
less than 0.5 meters (m) deep with sandy substrates. They broadcast
spawn semi-buoyant eggs and larvae that may remain suspended in the
water column for several days before they are capable of independent
swimming, indicating there is a minimum river segment length necessary
to support successful reproduction. A comparison of minimum estimated
reach length requirements for similar species and current modeling
efforts for this species indicate an unobstructed reach length of
greater than 275 kilometers (km) (171 miles (mi)) is likely required to
complete the species' life history. Lengths greater than 275 km (171
mi) would also provide migratory pathways to refugia in which sharpnose
shiners may survive drought conditions.
Therefore, based on the information above and additional analysis
in the June 2013 SSA Report (Service 2013, Chapter 2), we identify
flowing water of sufficient unobstructed length (275 km (171 mi)) to be
a physical or biological feature essential to the conservation of the
sharpnose shiner.
Food, Water, Air, Light, Minerals, or Other Nutritional or
Physiological Requirements
Sharpnose shiners are generalist feeders consuming aquatic and
terrestrial invertebrates (mostly insects), plant material, and
detritus. The presence of terrestrial insects in its diet suggests
native riparian vegetation along the stream banks where the sharpnose
shiners occur is important in providing food availability. The
prevalence of sand-silt in the gut contents of sharpnose shiners
indicate they likely forage among the sediments when food availability
is low, suggesting river segments containing sandy substrates may be
preferred by this species.
Flowing water of sufficient quality (minimal pollution, lacking
golden alga toxicity, and within physiological tolerances) is required
for the survival of these species. Sharpnose shiners can tolerate
temperatures of 39.2 [deg]C (102.6[emsp14][deg]F) only briefly and
generally require oxygen concentrations above 2.66 milligrams per liter
(mg/L). Sharpnose shiners experience significant mortality at
salinities greater than 15 parts per thousand (ppt) (25 millisiemens
per centimeter (mS/cm)). The susceptibility of sharpnose shiners to
environmental pollutants is not well understood; however, it has been
observed that petroleum contamination, and possibly other pollutants,
are capable of killing this species. Although the effects of golden
alga on sharpnose shiners have not been documented, toxic blooms in
occupied habitat are certain to cause mortality.
Native riparian vegetation adjacent to the river channel where the
sharpnose shiner occurs is important as a source of food (terrestrial
insects) and to maintain physical habitat conditions in the stream
channel. Riparian areas are essential for energy and nutrient cycling,
filtering runoff, absorbing and gradually releasing floodwaters,
recharging groundwater, and maintaining stream flows. Healthy riparian
corridors help ensure aquatic resources maintain the ecological
integrity essential to stream fishes, including the sharpnose shiner. A
riparian width of 30 m (98 ft) is generally sufficient to protect the
water quality of adjacent streams and is expected to provide the
necessary prey base for sharpnose shiners (Service 2013, Chapter 6).
[[Page 47616]]
Therefore, based on the information above and additional analysis
in the June 2013 SSA Report (Service 2013, Chapter 2), we identify
river segments containing flowing water of sufficient quality (i.e.,
within physiological tolerances, low in toxic pollutants, and lacking
toxic golden alga blooms) with sandy substrates, and their associated
native riparian vegetation, to be physical or biological features
essential to the conservation of the sharpnose shiner.
Cover or Shelter
Specific cover or sheltering requirements for sharpnose shiners
within the aquatic ecosystem have not been identified and may not be
pertinent to their conservation because these fish mostly occur in open
water. Therefore, we have not identified any specific cover or shelter
habitat requirements to be physical or biological features essential to
the conservation of the sharpnose shiner.
Sites for Breeding, Reproduction, or Rearing (or Development) of
Offspring
Successful reproduction by sharpnose shiners requires minimum
levels of flowing water through the summer breeding season. Cyprinid
eggs spawned into the pelagic zone (open water not near the river
bottom) become semi-buoyant within 10 to 30 minutes, allowing them to
drift through the water column for approximately 1 or 2 days prior to
hatching. Larval stages may drift in the water column for an additional
2 to 3 days post-hatching.
Spawning occurs asynchronously (fish not spawning at the same time)
from April through September during periods of no and low flow, and
synchronously (many fish spawning at the same time) during elevated
streamflow events. Successful recruitment (survival to the juvenile
fish stage) does not occur during periods completely lacking flow. This
is because in no-flow conditions, the floating eggs, zygotes, and
larval fish of broadcast spawners sink and suffocate in the anoxic
sediments and are more susceptible to predation. Modeling studies have
estimated minimum mean summer discharge of 2.61 cubic meters per second
(m3s-1) (92 cubic feet per second (cfs)) is
necessary to sustain a population of sharpnose shiners.
Therefore, based on the information above and additional analysis
in the June 2013 SSA Report (Service 2013, Chapter 2), we identify
river segments with a minimum mean summer discharge of approximately
2.61 m3s-1 (92 cfs) to be physical or biological
features essential to the conservation of the sharpnose shiner.
Habitats That Are Protected From Disturbance or Are Representative of
the Historic, Geographical, and Ecological Distributions of a Species
Sharpnose shiner habitat is subject to dynamic changes resulting
from flooding and drying of occupied water ways. Consequently,
fluctuating water levels create circumstances in which the extent of
the sharpnose shiner's range vary over time, and may be periodically
contracted or expanded depending on water availability. Worsening
drought conditions are increasing the intensity and duration of river
drying in the upper Brazos River basin. As a result of these dynamic
changes, particularly during intense droughts, sharpnose shiners
require unobstructed river segments through which they can migrate to
find refuge from river drying. These fish can later emigrate from these
refugia and recolonize normally occupied areas when suitable conditions
return.
Therefore, based on the information above and additional analysis
in the June 2013 SSA Report (Service 2013, Chapter 2), we identify
unobstructed river segments of at least 275 km (171 mi) to be a
physical or biological feature essential to the conservation of the
sharpnose shiner.
Smalleye Shiner
We derive the specific physical or biological features required for
the smalleye shiner from studies of this species' habitat, ecology, and
life history as described below. We have used the best available
information, as described in the June 2013 SSA Report (Service 2013,
Chapter 2). To identify the physical and biological needs of the
smalleye shiner, we have relied on conditions at currently occupied
locations where the shiner has been observed during surveys and the
best information available on the species. Below, we summarize the
physical and biological features needed by foraging and breeding
smalleye shiners. For a complete review of the physical and biological
features required by the smalleye shiner, see Chapter 2 of the June
2013 SSA Report (Service 2013, Chapter 2). We have determined that the
following physical or biological features are essential to the smalleye
shiner.
Space for Individual and Population Growth and for Normal Behavior
Smalleye shiners occur in fairly shallow, flowing water, often less
than 0.5 m deep with sandy substrates. They broadcast spawn semi-
buoyant eggs and larvae that may remain suspended in the water column
for several days before larval fish are capable of independent
swimming, indicating there is a minimum stream reach length necessary
to support successful reproduction. A comparison of minimum estimated
reach length requirements for similar species and current modeling
efforts for this species indicate that an unobstructed reach length of
greater than 275 km (171 mi) is likely required to complete the
species' life history. Lengths greater than 275 km (171 mi) would also
provide migratory pathways to refugia in which smalleye shiners may
survive drought conditions.
Therefore, based on the information above and additional analysis
in the June 2013 SSA Report (Service 2013, Chapter 2), we identify
flowing water of sufficient unobstructed length (275 km (171 mi)) to be
a physical or biological feature essential to the conservation of the
smalleye shiner.
Food, Water, Air, Light, Minerals, or Other Nutritional or
Physiological Requirements
Smalleye shiners are generalist feeders consuming aquatic and
terrestrial invertebrates (mostly insects), plant material, and
detritus. The presence of terrestrial insects in the smalleye shiner's
diet suggests native riparian vegetation along the banks of inhabited
rivers is important in providing food availability, as well as the
general health of the aquatic riverine ecosystem. The prevalence of
sand-silt in the gut contents of smalleye shiners indicate they likely
forage among the sediments when food availability is low, suggesting
river segments containing sandy substrates may be preferred by this
species.
Water of sufficient quality (minimal pollution, lacking golden alga
toxicity, and within physiological tolerances) is required for the
survival of these species. Smalleye shiners can tolerate temperatures
of 40.6 [deg]C (105.1 [deg]F) only briefly and generally require oxygen
concentrations above 2.11 mg/L. Smalleye shiners experience significant
mortality at salinities greater than 18 ppt (30 mS/cm). The
susceptibility of smalleye shiners to environmental pollutants is not
well understood; however, it has been observed that petroleum
contamination, and possibly other pollutants, are capable of killing
this species. Although the effects of golden alga on smalleye shiners
have not been documented, blooms in occupied habitat are certain to
cause mortality in this species.
Native riparian vegetation adjacent to the river channel where the
smalleye
[[Page 47617]]
shiner occurs is important as a source of food (terrestrial insects)
and to maintain physical habitat conditions in the stream channel.
Riparian areas are essential for energy and nutrient cycling, filtering
runoff, absorbing and gradually releasing floodwaters, recharging
groundwater, and maintaining stream flows. Healthy riparian corridors
help ensure aquatic resources maintain the ecological integrity
essential to stream fishes, including the smalleye shiner. A riparian
width of 30 m (98 ft) is generally sufficient to protect the water
quality of adjacent streams and is expected to provide the necessary
prey base for smalleye shiners (Service 2013, Chapter 6).
Therefore, based on the information above and additional analysis
in the June 2013 SSA Report (Service 2013, Chapter 2), we identify
sandy-bottomed river segments containing flowing water of sufficient
quality (i.e., within physiological tolerance, low in toxic pollutants,
and lacking toxic golden algal blooms), and their associated native
riparian vegetation, to be physical or biological features essential to
the conservation of the smalleye shiner.
Cover or Shelter
Specific cover or sheltering requirements for smalleye shiners
within the aquatic ecosystem have not been identified and may not be
pertinent to their conservation because these fish mostly occur in open
water. Therefore, we have not identified any specific cover or shelter
habitat requirements to be physical or biological features essential to
the conservation of the smalleye shiner.
Sites for Breeding, Reproduction, or Rearing (or Development) of
Offspring
Successful reproduction by smalleye shiners requires minimum levels
of flowing water through the summer breeding season. Cyprinid eggs
spawned into the pelagic zone (open water not near the river bottom)
become semi-buoyant within 10 to 30 minutes, allowing them to drift
through the water column for approximately 1 or 2 days prior to
hatching. Larval stages may drift in the water column for an additional
2 to 3 days post-hatching.
Spawning occurs asynchronously from April through September during
periods of no and low flow, and synchronously during elevated
streamflow events. Successful recruitment (survival to the juvenile
fish stage) does not occur during periods completely lacking flow. This
is because in no-flow conditions, the floating eggs, zygotes, and
larval fish of broadcast spawners sink and suffocate in the anoxic
sediments and are more susceptible to predation. Modeling studies have
estimated minimum mean summer discharge of 6.43
m3s-1 (227 cfs) is necessary to sustain a
population of the smalleye shiner.
Therefore, based on the information above and additional analysis
in the June 2013 SSA Report (Service 2013, Chapter 2), we identify
river segments with a minimum mean summer discharge of approximately
6.43 m3s-1 (227 cfs) to be physical or biological
features essential to the conservation of the smalleye shiner.
Habitats That Are Protected From Disturbance or Are Representative of
the Historic, Geographical, and Ecological Distributions of a Species
Smalleye shiner habitat is subject to dynamic changes resulting
from flooding and drying of occupied water ways. Consequently,
fluctuating water levels create circumstances in which the extent of
the sharpnose and smalleye shiner's range vary over time, and may be
periodically contracted or expanded depending on water availability.
Worsening drought conditions are increasing the intensity and duration
of river drying in the upper Brazos River basin. As a result of these
dynamic changes, particularly during intense droughts, smalleye shiners
require unobstructed river segments through which they can migrate to
find refuge from river drying. These fish can later emigrate from these
refugia and recolonize normally occupied areas when suitable conditions
return.
Therefore, based on the information above and additional analysis
in the June 2013 SSA Report (Service 2013, Chapter 2), we identify
unobstructed river segments of at least 275 km (171 mi) to be a
physical or biological feature essential to the conservation of the
sharpnose shiner.
Summary of Physical or Biological Features
In summary, the sharpnose shiner and smalleye shiner need specific
vital resources for survival and completion of their life histories.
One of the most important aspects of their life histories is that their
broadcast-spawn eggs and developing larvae require flowing water of
sufficient length within which they develop into free-swimming juvenile
fish. In addition, sharpnose shiners and smalleye shiners typically
live for no more than two breeding seasons. As a result, if resources
are not available in a single spawning season, their populations would
be greatly impacted, and if resources are not available through two
consecutive breeding seasons the impacts would be catastrophic.
The sharpnose shiner and smalleye shiner have exceptionally
specialized habitat requirements to support these life-history needs
and maintain adequate population sizes. Habitat requirements are
characterized by river segments of greater than 275 km (171 mi) with
estimated average spawning season flows greater than 2.61
m\3\s-1 (92 cfs) for the sharpnose shiner and of 6.43
m\3\s-1 (227 cfs) for the smalleye shiner. River segment
lengths of 275 km (171 mi) or greater also aid in providing sharpnose
and smalleye shiners refugia from river drying during severe drought.
In addition, individual shiners also need sandy substrates to support
foraging, water quality within their physiological and toxicological
tolerances, and intact upland vegetation capable of supporting their
prey base. Intact upland vegetation is also important in providing
adequate filtration of surface water runoff to maintain a healthy
aquatic ecosystem.
Populations of sharpnose shiners and smalleye shiners with a high
likelihood of long-term viability require contiguous river segments
containing the physical and biological features that are essential to
the conservation of these species. This contiguous suitable habitat is
necessary to retain the reproductive success of these species in the
face of natural and manmade seasonal fluctuations of water
availability. Sharpnose shiner and smalleye shiner habitat is subject
to dynamic changes resulting from flooding and drying of occupied water
ways. Consequently, fluctuating water levels create circumstances in
which the extent of the sharpnose and smalleye shiner's range vary over
time, and may be periodically contracted or expanded depending on water
availability.
Primary Constituent Elements for the Sharpnose Shiner and Smalleye
Shiner
According to 50 CFR 424.12(b), we are required to identify the
physical or biological features essential to the conservation of the
sharpnose shiner and smalleye shiner within the geographic area
occupied by the species at the time of listing, focusing on the
features' primary constituent elements. We consider primary constituent
elements to be the elements of physical or biological features that
provide for a species' life-history processes and that are essential to
the conservation of the species.
[[Page 47618]]
Sharpnose Shiner
Based on our current knowledge of the physical or biological
features and habitat characteristics required to sustain the species'
life-history processes (Service 2013, Chapter 2), we determine that the
primary constituent element (PCE) specific to the sharpnose shiner
consists of a riverine system with habitat to support all life stages
of sharpnose shiners, which includes:
(1) Unobstructed, sandy-bottomed river segments greater than 275 km
(171 mi) in length.
(2) Flowing water of greater than approximately 2.61
m\3\s-1 (92 cfs) averaged over the shiner spawning season
(April through September).
(3) Water of sufficient quality to support survival and
reproduction, characterized by:
a. Temperatures generally less than 39.2 [deg]C
(102.6[emsp14][deg]F);
b. Dissolved oxygen concentrations generally greater than 2.66 mg/
L;
c. Salinities generally less than 15 ppt (25 mS/cm); and
d. Sufficiently low petroleum and other pollutant concentrations
such that mortality does not occur.
(4) Native riparian vegetation capable of maintaining river water
quality, providing a terrestrial prey base, and maintaining a healthy
riparian ecosystem.
Smalleye Shiner
Based on our current knowledge of the physical or biological
features and habitat characteristics required to sustain the species'
life-history processes (Service 2013, Chapter 2), we determine that the
primary constituent element (PCEs) specific to the smalleye shiner
consists of a riverine system with habitat to support all life history
stages of smalleye shiners, which includes:
(1) Unobstructed, sandy-bottomed river segments greater than 275 km
(171 mi) in length.
(2) Flowing water of greater than approximately 6.43
m\3\s-1 (227 cfs) averaged over the shiner spawning season
(April through September).
(3) Water of sufficient quality to support survival and
reproduction, characterized by:
a. Temperatures generally less than 40.6 [deg]C
(105.1[emsp14][deg]F);
b. Dissolved oxygen concentrations generally greater than 2.11 mg/
L;
c. Salinities less than 18 ppt (30 mS/cm); and
d. Sufficiently low petroleum and other pollutant concentrations
such that mortality does not occur.
(4) Native riparian vegetation capable of maintaining river water
quality, providing a terrestrial prey base, and maintaining a healthy
riparian ecosystem.
Special Management Considerations or Protection
When designating critical habitat, we assess whether the specific
areas within the geographic 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 these species
may require special management considerations or protection to reduce
the following threats: Habitat loss and modification from fragmentation
of river segments; alteration to natural flow regimes by impoundment,
groundwater withdrawal, and drought; water quality degradation; and
invasive saltcedar encroachment.
River fragmentation decreases the unobstructed river length
required for successful reproduction in these species. Impoundments,
groundwater withdrawal, saltcedar encroachment, and drought have the
potential to reduce river flow below the minimum requirement to keep
the eggs and larvae of these species afloat and ultimately for
sustainment of sharpnose and smalleye shiner populations. Water quality
degradation resulting from pollution sources; lack of flows maintaining
adequate temperatures, oxygen concentrations, and salinities; and the
destruction of adjacent riparian vegetation's run-off filtering
abilities may result in water quality parameters beyond which sharpnose
and smalleye shiners are capable of surviving. As such, the features
essential to the conservation of these species require special
management from these threats.
For sharpnose shiners and smalleye shiners, special management
considerations or protection are needed to address threats. Management
activities that could ameliorate threats include, but are not limited
to: (1) Removing or modifying existing minor fish barriers to allow
fish passage; (2) managing existing reservoirs to allow sufficient
river flow to support shiner reproduction and population growth; (3)
protecting groundwater, surface water, and spring flow quantity; (4)
protecting water quality by implementing comprehensive programs to
control and reduce point sources and non-point sources of pollution;
and (5) protecting and managing native riparian vegetation. A more
complete discussion of the threats to the sharpnose shiner and smalleye
shiner and their habitats can be found in the June 2013 SSA Report
(Service 2013, Chapter 3).
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. For this
proposed rule, we rely heavily on the analysis of biological
information reviewed in the June 2013 SSA Report (Service 2013). In
accordance with section 3(5)(A) of the Act and its implementing
regulation at 50 CFR 424.12(e), we first determined what specific
areas, within the geographical area occupied by the species at the time
they are listed, contain the physical or biological features that are
essential to the conservation of the species and which may require
special management considerations or protections. Next, we considered
whether designating any additional areas--outside those currently
occupied at the time of listing--are necessary to ensure the
conservation of the species. We are not currently proposing to
designate any areas outside the geographical area occupied by the
species because no areas were determined to be essential for the
conservation of either species. Finally, we described how we determined
the lateral extent and mapping processes used in developing the
proposed critical habitat units.
Areas Occupied at the Time of Listing
For the purpose of designating critical habitat for the sharpnose
and smalleye shiners, we defined occupancy based on several criteria.
First, survey results since 2008 confirm that both species persist
within the Brazos River basin of Texas upstream of Possum Kingdom Lake
in the Brazos River main stem, Salt Fork of the Brazos River, Double
Mountain Fork of the Brazos River, and North Fork Double Mountain Fork
of the Brazos River (Service 2013, Chapter 4). We chose to use survey
results from the last 5 years because these data are relatively
consistent from year to year and represent the best available
information for what areas should be considered occupied at the time of
listing. Second, a lack of sufficient fish sampling exists for some
tributaries once known to be historically occupied by one or both
species. The sharpnose and smalleye shiner are similar in their
biology, and they are both capable of colonizing river segments when
conditions are favorable. Therefore, we considered tributary streams
occupied at the time of listing if they were previously occupied by
either species and are contiguous (i.e., lacking fish migration
barriers) with areas in the
[[Page 47619]]
upper Brazos River confirmed to be occupied by both species. Third,
tributaries for which we had no information that either species
recently or historically occurred were not considered occupied, even if
they were contiguous with areas that are currently occupied.
Segments considered to be occupied at the time of listing were then
assessed to determine if they contained the physical or biological
features for the species and whether they required special management
or protection. River segments not exceeding 275 km (171 mi) upstream of
the lentic waters of Possum Kingdom Lake were not included because they
lack the necessary physical or biological features for successful
reproduction. Segments that do not typically maintain suitable water
quality conditions (i.e., within physiological tolerances, minimal
pollution, lacking regular golden alga blooms) were not included
because they would not likely support a viable population of shiners.
Segments not likely to maintain minimum mean spawning season flows
capable of sustaining populations of either species, even during
favorable climatic conditions, were also not included because they
would not support successful reproduction.
The lower Brazos River, where shiners were released in 2012, is
considered unoccupied for the purposes of determining critical habitat
because prior to their 2012 release, both species had become extirpated
or were functionally extirpated from this area as no fish had been
collected since 2006. The release effort in 2012 was likely
insufficient to restart a population of these species in the lower
Brazos River. Therefore, given the old age and small number of fish
released in 2012, it is likely they are extirpated from this reach of
the Brazos River (Service 2013, Chapter 4).
Areas Unoccupied at the Time of Listing
To determine if any areas not considered occupied at the time of
listing are essential for the conservation of the species we
considered: (1) Whether the area was historically occupied; (2) the
potential contribution of the area to the conservation of each species
based on our June 2013 SSA Report (Service 2013, Chapter 2); (3)
whether the area could be restored to contain the habitat conditions
needed to support the species; and (4) whether a viable population of
the species could be reestablished at the site. We recognize that both
species likely need additional areas beyond those currently occupied in
order to have sufficient redundancy and resiliency for long-term
viability. However, our review of the areas within the historical range
found that none of them have all four of these necessary
characteristics to be considered essential for the conservation of
either species.
We considered four areas that were historically occupied by one or
both species as possible critical habitat: The Colorado River, Wichita
River, middle Brazos River (between Possum Kingdom Lake and the low
water crossing near the City of Marlin, Falls County, Texas) and lower
Brazos River (downstream of Marlin to the Gulf of Mexico). The smalleye
shiner is not known to have naturally occurred outside of the Brazos
River basin, so neither the Colorado nor Wichita Rivers were considered
essential for the conservation of that species. For the sharpnose
shiner, our review found that neither the Colorado nor Wichita Rivers
were considered necessary to maintain viability of either species
because of the limited abundance and distribution of this shiner
historically. In addition, both of these rivers have extensive
impoundments such that the unfragmented stream length needed for
reproduction by these species is lacking. These impoundments are
expected to continue to exist into the future with no apparent
potential for their removal, thereby eliminating the ability of the
Colorado or Wichita Rivers to contain the necessary habitat conditions
to support either species. Therefore, the Colorado and Wichita Rivers
were not proposed as critical habitat for either species because of
limited importance to the conservation of the species and the inability
to restore the necessary habitat conditions for the species.
The middle Brazos River also lacks the necessary unimpounded river
length required to support sharpnose and smalleye shiner reproduction
(Service 2013, Chapter 4). These impoundments are expected to exist
into the future with no apparent potential for their removal. As a
result, there is no ability for these areas to be restored to contain
the necessary habitat conditions to support the species. Therefore,
since this area of the middle Brazos River cannot be restored to
appropriate habitat conditions we find it is not essential for the
conservation of either species, and we did not propose it as critical
habitat.
The lower Brazos River was also found to likely have limited
importance to the overall viability for both species (Service 2013,
Chapter 2). The lower Brazos River does contain an unimpounded stream
length long enough to support reproduction of sharpnose and smalleye
shiners; however, their populations in this segment have already
declined to the point that we presume they are extirpated from this
reach. We expect the extirpation was the result of poor habitat
conditions. Both the flow regime and river channel morphology of the
lower Brazos River are considerably different (higher flow and deeper,
wider channel) than the upper Brazos River, so this segment may never
have supported populations of either species independent of the upper
Brazos River populations. As a result, it is unlikely that sharpnose
and smalleye shiners are capable of sustaining populations in the lower
Brazos River without constant emigration (downstream dispersal) from
the upstream source population in the upper Brazos River, which is now
isolated by impoundments in the middle Brazos River. Therefore, with
limited importance and the inability to support populations, we find
the lower Brazos River is not essential for the conservation of either
species, and we did not propose this area for critical habitat.
In conclusion, based on the best available information we conclude
that the areas within the historical range of one or both species, but
not occupied by either species at the time of listing, are not
essential for the conservation of either species. The Colorado and
Wichita Rivers do not contribute substantially to the conservation of
the sharpnose shiner. The middle Brazos River cannot be restored to
contain the necessary habitat conditions to support either species. The
lower Brazos River may not be important for the conservation of either
species and is not likely able to support a viable population of either
species. Therefore, we have not proposed any areas as critical habitat
beyond what is occupied at the time of listing.
Lateral Extent
In determining the lateral extent (overbank areas adjacent to the
river channel) of critical habitat along proposed riverine segments, we
considered the definition of critical habitat under the Act. Under the
Act, critical habitat must contain the physical or biological features
essential to a species' conservation and which may require special
management considerations or protection. Conservation of the river
channel alone is not sufficient to conserve sharpnose and smalleye
shiners because the nearby native riparian vegetation areas adjacent to
the river channel where the shiners occur are important components of
the critical habitat for the shiners as a source of food (terrestrial
insects) and to maintain physical habitat conditions in
[[Page 47620]]
the stream channel. Riparian areas are essential for energy and
nutrient cycling, filtering runoff, absorbing and gradually releasing
floodwaters, recharging groundwater, and maintaining stream flows.
Healthy riparian corridors help ensure aquatic resources maintain the
ecological integrity essential to stream fishes, including the
sharpnose shiner and smalleye shiner.
A riparian width of 5 to 30 m (16 to 98 ft) is generally sufficient
to protect the water quality of adjacent streams. The ability of
riparian buffers to filter surface runoff is largely dependent on
vegetation density, type, and slope, with dense, grassy vegetation and
gentle slopes facilitating filtration. A riparian buffer width of 30 to
500 m (98 to 1,640 ft) should be sufficient to provide wildlife
habitat; however, the riparian zone of the upper Brazos River may never
have been extensive due to the aridity of the area, and the terrestrial
insect prey base of the shiners would likely persist at even the
thinnest recommended width. A riparian width of 30 m (98 ft) beyond the
bankfull width of the river should be sufficient to maintain proper
runoff filtration and provide the water quality and food base required
by sharpnose and smalleye shiners (Service 2013, Chapter 6). As such,
the proposed critical habitat includes the stream and river segments
identified below and an area extending 30 meters (98 ft)
perpendicularly to the stream channel beyond bankfull width. The
bankfull width is the width of the stream or river at bankfull
discharge and often corresponds to the edge of the riparian vegetation.
Bankfull discharge is significant because it is the flow at which water
begins to leave the active channel and move into the floodplain and
serves to identify the point at which the active channel ceases and the
floodplain begins.
Mapping
For each species, we are proposing one critical habitat unit,
divided into six subunits. These subunits are derived from the most
recent USGS high-resolution National Hydrological Flowline Dataset.
Although river channels migrate naturally, it is assumed the segment
lengths and locations will remain reasonably accurate over an extended
period of time. All mapping was performed using ArcMap version 10
(Environmental Systems Research Institute, Inc.), a computer Geographic
Information System (GIS) program.
We set the limits of each critical habitat subunit by identifying
landmarks (reservoirs and dams) that clearly act as barriers to fish
migration. Partial barriers to fish migration that impede fish movement
only during low river flow are not used to identify segment endpoints
because it is presumed fish may occasionally be capable of traversing
these impediments. Stream confluences are also used to delineate the
boundaries of subunits contiguous with other critical habitat subunits
because they are logical and recognizable termini.
When determining proposed critical habitat boundaries, we also made
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 for the sharpnose shiner and smalleye
shiner. The scale of the maps we prepared 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 proposed
rule have been excluded by text in the proposed rule and are not
proposed for designation as critical habitat. Therefore, if the
critical habitat is finalized as proposed, a Federal action involving
these lands would not trigger section 7 consultation with respect to
critical habitat and the requirement of no adverse modification unless
the specific action would affect the physical or biological features in
the adjacent critical habitat.
Summary
In summary, we are proposing for designation as critical habitat
geographic areas that we have determined are occupied by the sharpnose
shiner and smalleye shiner at the time of listing and contain
sufficient elements of physical or biological features to support life-
history processes essential to the conservation of the species and that
may require special management considerations or protection. We are not
proposing to designate any unoccupied areas as critical habitat.
The critical habitat designation is defined by the maps, as
modified by any accompanying regulatory text, presented at the end of
this document in the Proposed Regulation Promulgation section. 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 at Docket No.
FWS-R2-ES-2013-0008, at http://www.fws.gov/southwest/es/ArlingtonTexas/
, and at the Arlington, Texas, Ecological Services Field Office (see
FOR FURTHER INFORMATION CONTACT above).
Proposed Critical Habitat Designation
We are proposing to designate a single critical habitat unit
divided into six subunits in Texas of approximately 1,002 river km (623
mi) of the upper Brazos River basin and the upland areas extending
beyond the bankfull river channel by 30 meters on each side. The six
subunits proposed as critical habitat make up the contiguous,
unobstructed section of the upper Brazos River system consisting of
portions of the Brazos River main stem, Salt Fork of the Brazos River,
White River, Double Mountain Fork of the Brazos River, North Fork
Double Mountain Fork of the Brazos River, and South Fork Double
Mountain Fork of the Brazos River. The critical habitat areas we
describe below constitute our current best assessment of areas that
contain the essential physical or biological features for both species
(although the needs of both species differ slightly) and meet the
definition of critical habitat for both shiner species. The subunits we
propose as critical habitat are shown in Table 1.
Table 1--Proposed Critical Habitat Subunits for the Sharpnose Shiner and
Smalleye Shiner
------------------------------------------------------------------------
Length of subunit in
Critical habitat subunit river kilometers (river
miles)
------------------------------------------------------------------------
Subunit 1. Upper Brazos River Main Stem........ 326.8 (203.1)
Subunit 2. Salt Fork of the Brazos River....... 275.1 (171.0)
Subunit 3. White River......................... 40.3 (25.1)
Subunit 4. Double Mountain Fork of the Brazos 239.8 (149.0)
River.........................................
Subunit 5. North Fork Double Mountain Fork of 108.6 (67.5)
the Brazos River..............................
Subunit 6. South Fork Double Mountain Fork of 11.1 (6.9)
the Brazos River..............................
------------------------
[[Page 47621]]
Total...................................... 1,001.9 (622.5)
------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.
The critical habitat areas include the river channels within the
identified stream segments. The stream beds of navigable waters (stream
beds maintaining an average width of at least 30 ft wide from the mouth
up) in Texas are generally owned by the State, in trust for the public,
while the lands alongside the streams can be privately owned.
Therefore, for all stream segments included in the proposed critical
habitat; the stream beds, including the small, seasonally dry portion
of the stream beds between the bankfull width, where vegetation occurs;
and the wetted channel, are owned by the State for the purposes of this
proposed rule. To the best of our knowledge, all adjacent riparian
areas are privately owned.
Unit Description
We determined the proposed unit of the upper Brazos River basin and
its subunits are occupied by both species at the time of listing
(Service 2013, Chapter 4). The upper Brazos River critical habitat
unit, when considered in its entirety, exhibits all four of the primary
constituent elements of critical habitat for both species. Some
individual subunits may not contain all of the physical or biological
features of critical habitat under all climatic conditions. For
example, the elements of physical and biological features supporting
the life-history processes of sharpnose and smalleye shiners are highly
dependent on the naturally variable climatic conditions and river flow
characteristics of the upper Brazos River basin and may not be present
in all critical habitat subunits at all times (i.e., during severe
droughts). However, each subunit likely contains suitable habitat
during wet climatic conditions and will exhibit one or more of the
essential physical or biological features that may require special
management considerations or protection and are therefore included in
the proposed designation under section 3(5)(A)(i) of the Act.
Subunits are designated based on sufficient elements of physical or
biological features being present to support life-history processes of
the sharpnose and smalleye shiners. Some subunits contain all of the
identified elements of physical or biological features and support
multiple life-history processes, while other subunits contain only some
elements of the physical or biological features necessary to support
each species' particular use of that habitat. The following subunit
descriptions briefly describe each of the proposed critical habitat
subunits and the reasons why they meet the definition of critical
habitat for the sharpnose shiner and smalleye shiner. The subunits are
generally numbered from downstream to upstream.
Subunit 1: Upper Brazos River Main Stem
Subunit 1 is 326.8 km (203.1 mi) long in Young, Throckmorton,
Baylor, Knox, King, and Stonewall Counties. The downstream extent of
the Upper Brazos River Main Stem Subunit is approximately 15 river km
(9.3 miles) upstream of the eastern border of Young County where it
intersects the upper portion of Possum Kingdom Lake. The upstream
extent of this subunit is at the confluence of the Double Mountain Fork
of the Brazos River and the Salt Fork of the Brazos River where they
form the Brazos River main stem.
Subunit 1 provides an adequate length of unobstructed, sandy
bottomed river (PCE 1) often with sufficient flow (PCE 2) and water
quality (PCE 3) to support sharpnose and smalleye shiner survival and
reproduction. However, during periods of severe drought, sufficient
flow may not be maintained. Many upland areas adjacent to this subunit
are encroached by saltcedar, although it generally contains the native
riparian vegetation capable of maintaining river water quality and an
adequate prey base for both shiner species (PCE 4).
Habitat features in this subunit are primarily threatened by
groundwater withdrawal, saltcedar invasion, water quality degradation,
drought, and impoundment. The South Bend Reservoir, identified as a
feasible water management strategy by the Brazos G Regional Water
Planning Group, would occur on this subunit if constructed, while the
Throckmorton Reservoir and Millers Creek Reservoir Augmentation would
occur on tributaries that discharge into this subunit (Service 2013,
Chapter 3). The physical or biological features in this subunit may
require special management considerations or protection to minimize
impacts from these threats.
Subunit 2: Salt Fork of the Brazos River
Subunit 2 is 275.1 km (171 mi) long in Stonewall, Kent, and Garza
Counties. The downstream extent of the Salt Fork of the Brazos River
Subunit is at the confluence of the Double Mountain Fork of the Brazos
River and the Salt Fork of the Brazos River where they form the Brazos
River main stem. The upstream extent of this subunit is on the Salt
Fork of the Brazos River at the McDonald Road crossing in Garza County,
which acts as a barrier to fish passage.
Subunit 2 provides an adequate length of unobstructed, sandy
bottomed river (PCE 1) often with sufficient flow (PCE 2) and water
quality (PCE 3) to support sharpnose and smalleye shiner survival and
reproduction. However, during periods of severe drought, sufficient
flow may not be maintained and naturally occurring salt plumes may
occasionally result in inadequate water quality. Many upland areas
adjacent to this subunit are encroached by saltcedar, although it
generally contains the native riparian vegetation capable of
maintaining river water quality and an adequate prey base for both
shiner species (PCE 4).
Habitat features in this subunit are primarily threatened by
groundwater withdrawal, saltcedar invasion, desalination projects,
water quality degradation, and drought. Several of these threats have
the potential to decrease surface water volume available for fish use.
The threat of reservoir impoundment is minimized because the highly
saline water of this subunit is generally of little use for industrial,
agricultural, and municipal needs. The physical or biological features
in this subunit may require special management considerations or
protection to minimize impacts from these threats.
Subunit 3: White River
Subunit 3 is 40.3 km (25.1 mi) long in Kent, Garza, and Crosby
Counties. The downstream extent of the White River Subunit is at the
confluence of the White River with the Salt Fork of the Brazos River.
The upstream extent is immediately downstream of the White
[[Page 47622]]
River Lake impoundment on the White River.
Given the lack of adequate sampling from this area, records of the
smalleye shiner from the White River are old and rare, and sharpnose
shiners have never been recorded from this subunit (Service 2013,
Chapter 2). However, records of both species have been documented
within the last 5 years from the Salt Fork of the Brazos River less
than 1 km (0.6 mi) downstream of the confluence of this subunit.
Therefore, the White River Subunit is contiguous with areas currently
occupied by both species, and there are no fish barriers to prevent
them from migrating into this area. Therefore, given the information
above and the biological similarity between these species, we consider
this subunit within the geographic range occupied by both species.
Furthermore, the White River provides surface water flow of relatively
low salinity into the Salt Fork of the Brazos River, which may be
important in maintaining the water quality of this downstream subunit.
Subunit 3 provides an adequate length of unobstructed, sandy
bottomed river (PCE 1) when considered as part of the contiguous
critical habitat unit as a whole. This subunit likely contains only
sufficient flow (PCE 2) and water quality (PCE 3) to support sharpnose
and smalleye shiner survival and reproduction under wet climatic
conditions or when water is being released from upstream impoundments.
During periods of severe drought, sufficient flow may not be
maintained. Upland areas adjacent to this subunit are likely encroached
by saltcedar, although it generally contains the native riparian
vegetation capable of maintaining river water quality and an adequate
prey base for both shiner species (PCE 4).
Habitat features in this subunit are primarily threatened by
groundwater withdrawal, saltcedar invasion, water quality degradation,
drought, and impoundment. Flow is normally available in this subunit
only as a result of water release from White River Lake upstream of
this subunit. Therefore, the physical or biological features in this
subunit may require special management considerations or protection to
minimize impacts from these threats.
Subunit 4: Double Mountain Fork of the Brazos River
Subunit 4 is 239.8 km (149 mi) long in Stonewall, Haskell, Fisher,
and Kent Counties. The downstream extent of the Double Mountain Fork of
the Brazos River Subunit is at the confluence of the Double Mountain
Fork of the Brazos River and the Salt Fork of the Brazos River where
they form the Brazos River main stem. The upstream extent of this
subunit is at the confluence of the South Fork Double Mountain Fork of
the Brazos River and the North Fork Double Mountain Fork of the Brazos
River where they form the Double Mountain Fork of the Brazos River.
Subunit 4 provides an adequate length of unobstructed, sandy
bottomed river (PCE 1) when considered as part of the contiguous
critical habitat unit as a whole. This subunit likely contains
sufficient flow (PCE 2) and water quality (PCE 3) to support sharpnose
and smalleye shiner survival and reproduction most of the time although
during periods of severe drought, sufficient flow may not be
maintained. Upland areas adjacent to this subunit are likely encroached
by saltcedar, but it generally contains the native riparian vegetation
capable of maintaining river water quality and an adequate prey base
for both shiner species (PCE 4).
Habitat features in this subunit are primarily threatened by
groundwater withdrawal, saltcedar invasion, water quality degradation,
drought, and impoundment. The Double Mountain Fork East and West
Reservoirs, identified as feasible water management strategies by the
Brazos G Regional Water Planning Group, would occur in this subunit if
constructed (Service 2013, Chapter 3). Therefore, the physical or
biological features in this subunit may require special management
considerations or protection to minimize impacts from these threats.
Subunit 5: North Fork Double Mountain Fork of the Brazos River
Subunit 5 is 108.6 km (67.5 mi) long in Kent, Garza, and Crosby
Counties. The downstream extent of the North Fork Double Mountain Fork
Subunit is at the confluence of the South Fork Double Mountain Fork of
the Brazos River and the North Fork Double Mountain Fork of the Brazos
River where they form the Double Mountain Fork of the Brazos River. The
upstream extent of this subunit is the earthen impoundment near Janes-
Prentice Lake in Crosby County, Texas.
Subunit 5 provides an adequate length of unobstructed, sandy
bottomed river (PCE 1) when considered as part of the contiguous
critical habitat unit as a whole. This subunit likely contains
sufficient flow (PCE 2) and water quality (PCE 3) to support sharpnose
and smalleye shiner survival and reproduction much of the time, but
during periods of severe drought, sufficient flow may not be
maintained. Upland areas adjacent to this subunit are likely encroached
by saltcedar, although it generally contains the native riparian
vegetation capable of maintaining river water quality and an adequate
prey base for both shiner species (PCE 4).
Habitat features in this subunit are primarily threatened by
groundwater withdrawal, saltcedar invasion, water quality degradation,
drought, and impoundment. Post Reservoir and the North Fork Diversion
Reservoir, identified as feasible water management strategies by the
Brazos G Regional Water Planning Group, would occur in this subunit if
constructed (Service 2013, Chapter 3). Therefore, the physical or
biological features in this subunit may require special management
considerations or protection to minimize impacts from these threats.
Subunit 6: South Fork Double Mountain Fork of the Brazos River
Subunit 6 is 11.1 km (6.9 mi) long in Kent and Garza Counties. The
downstream extent of the South Fork Double Mountain Fork Subunit is at
the confluence of the South Fork Double Mountain Fork of the Brazos
River and the North Fork Double Mountain Fork of the Brazos River where
they form the Double Mountain Fork of the Brazos River. The upstream
extent of this subunit is immediately downstream of the John T.
Montford Dam of Lake Alan Henry. Although there is a lack of recent
records (smalleye shiner last observed in 1992) in this subunit, it is
contiguous with areas currently occupied by both species, and there are
no known fish barriers to prevent them from migrating into this area.
The subunit does not have public access, and there are few
opportunities to survey for fish in this river segment. However, given
the information above and the biological similarity between these
species, we consider this subunit within the geographic range occupied
by both sharpnose and smalleye shiners.
Subunit 6 provides an adequate length of unobstructed, sandy
bottomed river (PCE 1) when considered as part of the contiguous
critical habitat unit as a whole. This subunit likely contains only
sufficient flow (PCE 2) and water quality (PCE 3) to support sharpnose
and smalleye shiner survival and reproduction under wet climatic
conditions or when water is being actively released from upstream
impoundments. During periods of severe drought, sufficient flow may not
be maintained. Upland areas adjacent to this subunit may be encroached
by
[[Page 47623]]
saltcedar, although it generally contains the native riparian
vegetation capable of maintaining river water quality and an adequate
prey base for both shiner species (PCE 4).
Habitat features in this subunit are primarily threatened by
drought and impoundment. Flow is normally present in this subunit only
as a result of water released from Lake Alan Henry. Flow from this
subunit directly affects surface water volume in the Double Mountain
Fork of the Brazos River Subunit available for fish use. Therefore, the
physical or biological features in this subunit may require special
management considerations or protection to minimize impacts from these
threats.
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.
Decisions by the 5th and 9th Circuit Courts of Appeals have
invalidated our regulatory definition of ``destruction or adverse
modification'' (50 CFR 402.02) (see Gifford Pinchot Task Force v. U.S.
Fish and Wildlife Service, 378 F.3d 1059 (9th Cir. 2004) and Sierra
Club v. U.S. Fish and Wildlife Service et al., 245 F.3d 434, 442 (5th
Cir. 2001)), and we do not rely on this regulatory definition when
analyzing whether an action is likely to destroy or adversely modify
critical habitat. Under the statutory provisions of the Act, we
determine destruction or adverse modification on the basis of whether,
with implementation of the proposed Federal action, the affected
critical habitat would continue to serve its intended conservation role
for the species.
If a Federal action may affect a listed species or its 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
or authorized, do not require section 7 consultation.
As a result of section 7 consultation, we document compliance with
the requirements of section 7(a)(2) through our issuance of:
(1) A concurrence letter for Federal actions that may affect, but
are not likely to adversely affect, listed species or critical habitat;
or
(2) A biological opinion for Federal actions that may affect, or
are likely to adversely affect, listed species or critical habitat.
When we issue a biological opinion concluding that a project is
likely to jeopardize the continued existence of a listed species and/or
destroy or adversely modify critical habitat, we provide reasonable and
prudent alternatives to the project, if any are identifiable, that
would avoid the likelihood of jeopardy and/or destruction or adverse
modification of critical habitat. We define ``reasonable and prudent
alternatives'' (at 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
jeopardizing the continued existence of the listed species and/or 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 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where we have
listed a new species or subsequently designated critical habitat that
may be affected and the Federal agency has retained discretionary
involvement or control over the action (or the agency's discretionary
involvement or control is authorized by law). Consequently, Federal
agencies sometimes may need to request reinitiation of consultation
with us on actions for which formal consultation has been completed, if
those actions with discretionary involvement or control may affect
subsequently listed species or designated critical habitat.
Application of the ``Adverse Modification'' Standard
The key factor related to the adverse modification determination is
whether, with implementation of the proposed Federal action, the
affected critical habitat would continue to serve its intended
conservation role for the species. Activities that may destroy or
adversely modify critical habitat are those that alter the physical or
biological features to an extent that appreciably reduces the
conservation value of critical habitat for the sharpnose shiner or
smalleye shiner. As discussed above, the role of critical habitat is to
support life-history needs of the 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 destroy or
adversely modify such habitat, or that may be affected by such
designation.
Activities that may affect critical habitat, when carried out,
funded, or authorized by a Federal agency, should result in
consultation for the sharpnose shiner or smalleye shiner. These
activities include, but are not limited to:
(1) Activities physically disturbing the riverine habitat upon
which these shiner species depend, particularly by decreasing surface
water flows or altering channel morphology. Such activities could
include, but are not limited to, impoundment, in-stream mining,
channelization, and dewatering. These activities could result in the
physical destruction of habitat or the modification of habitat such
that it no longer supports the reproduction of these species.
(2) Activities increasing the concentration of pollutants in
surface water within areas designated as critical habitat. Such
activities could include, but are not limited to, increases in
impervious cover in the surface watershed, destruction of the adjacent
upland areas by land uses incompatible with maintaining a healthy
riverine system, and release of pollutants into
[[Page 47624]]
the surface water or connected groundwater. These activities could
alter water conditions to levels that are beyond the tolerances of the
shiner species and result in direct or cumulative adverse effects to
these individuals and their life cycles.
(3) Activities depleting the underlying groundwater or otherwise
diverting water to an extent that decreases or stops the flow of
surface waters within areas designated as critical habitat. Such
activities could include, but are not limited to, excessive water
withdrawals from aquifers and diversion of natural discharge features.
These activities could dewater habitat or reduce water quality to
levels that are beyond the tolerances of the sharpnose and smalleye
shiner, and result in direct or cumulative adverse effects to these
individuals and their life cycles.
(4) Activities leading to the introduction, expansion, or increased
density of an exotic plant or animal species that is detrimental to the
sharpnose shiner or smalleye shiner or their habitat.
Exemptions
Application of Section 4(a)(3) of the Act
The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a)
required each military installation that includes land and water
suitable for the conservation and management of natural resources to
complete an integrated natural resources management plan (INRMP) by
November 17, 2001.
The National Defense Authorization Act for Fiscal Year 2004 (Pub.
L. 108-136) amended the Act to limit areas eligible for designation as
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16
U.S.C. 1533(a)(3)(B)(i)) now provides: ``The Secretary shall not
designate as critical habitat any lands or other geographic areas owned
or controlled by the Department of Defense, or designated for its use,
that are subject to an integrated natural resources management plan
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 within the proposed
critical habitat designation for the sharpnose shiner or smalleye
shiner; therefore we are not exempting any areas under section
4(a)(3)(B)(i) of the Act.
Exclusions
Application of 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. 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.
Under section 4(b)(2) of the Act, we may exclude an area from
designated critical habitat based on economic impacts, impacts on
national security, or any other relevant impacts. In considering
whether to exclude a particular area from the designation, we identify
the benefits of including the area in the designation, identify the
benefits of excluding the area from the designation, and evaluate
whether the benefits of exclusion outweigh the benefits of inclusion.
If the analysis indicates that the benefits of exclusion outweigh the
benefits of inclusion, the Secretary may exercise his discretion to
exclude the area only if such exclusion would not result in the
extinction of the species.
Exclusions Based on Economic Impacts
Under section 4(b)(2) of the Act, we consider the economic impacts
of specifying any particular area as critical habitat. In order to
consider economic impacts, we are preparing an analysis of the economic
impacts of the proposed critical habitat designation and related
factors. Potential land use sectors that may be affected by a sharpnose
shiner and smalleye shiner critical habitat designation include sectors
associated with construction or improvement of roads, bridges,
pipelines, or bank stabilization; residential or commercial
development; the control of surface waters or removal of groundwater;
and irrigation water use and management.
During the development of a final designation, we will consider
economic impacts, public comments, and other new information, and areas
may be excluded from the final critical habitat designation under
section 4(b)(2) of the Act and our implementing regulations at 50 CFR
424.19.
Exclusions Based on National Security Impacts
Under section 4(b)(2) of the Act, we consider whether there are
lands where a national security impact might exist. There are no
Department of Defense lands within the proposed critical habitat
designation for the sharpnose shiner or smalleye shiner; therefore,
currently, there are no areas proposed for exclusion 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 the
landowners have developed any HCPs or other management plans for the
area, or whether there are conservation partnerships that would be
encouraged by designation of, or exclusion from, critical habitat. In
addition, we look at Tribal management in recognition of their
capability to appropriately manage their own resources, 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.
When we evaluate the existence of a conservation plan when
considering the benefits of exclusion, we consider a variety of
factors, including but not limited to, whether the plan is finalized;
how it provides for the conservation of the essential physical or
biological features; whether there is a reasonable expectation that the
conservation management strategies and actions contained in a
management plan will be implemented into the future; whether the
conservation strategies in the plan are likely to be effective; and
whether the plan contains a monitoring program or adaptive management
to ensure that the conservation measures are effective and can be
adapted in the future in response to new information.
In preparing this proposal, we have determined that there are
currently no HCPs for the sharpnose shiner or smalleye shiner. The
proposed designation does not include any tribal lands or trust
resources. We anticipate no impact on tribal lands, partnerships, or
HCPs from this proposed critical habitat designation. Accordingly, we
are not currently considering excluding any areas from the critical
habitat
[[Page 47625]]
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 (OIRA) in the Office of Management and Budget will
review all significant rules. The Office of Information and Regulatory
Affairs has determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of Executive Order
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. Executive Order 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
(SBREFA) of 1996 (5 U.S.C 801 et seq.), whenever an agency must 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 (small
businesses, small organizations, and small government jurisdictions).
However, no regulatory 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 such businesses as 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 forestry and logging
operations with fewer than 500 employees and annual business less than
$7 million. To determine whether small entities may be affected, we
will consider 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.
Importantly, the incremental impacts of a rule must be both
significant and substantial to prevent certification of the rule under
the RFA and to require the preparation of an initial regulatory
flexibility analysis. If a substantial number of small entities are
affected by the proposed critical habitat designation, but the per-
entity economic impact is not significant, the Service may certify.
Likewise, if the per-entity economic impact is likely to be
significant, but the number of affected entities is not substantial,
the Service may also certify.
Under the RFA, as amended, and following recent court decisions,
Federal agencies are only required to evaluate the potential
incremental impacts of rulemaking on those entities directly regulated
by the rulemaking itself, and not the potential impacts to indirectly
affected 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 by the Agency is not
likely to adversely modify critical habitat. Therefore, only Federal
action agencies are directly subject to the specific regulatory
requirement (avoiding destruction and adverse modification) imposed by
critical habitat designation. Under these circumstances, it is our
position that only Federal action agencies will be directly regulated
by this designation. Therefore, because Federal agencies are not small
entities, the Service may certify that the proposed critical habitat
rule will not have a significant economic impact on a substantial
number of small entities.
We acknowledge, however, that in some cases, third-party proponents
of the action subject to permitting or funding may participate in a
section 7 consultation, and thus may be indirectly affected. We believe
it is good policy to assess these impacts if we have sufficient data
before us to complete the necessary analysis, whether or not this
analysis is strictly required by the RFA. While this regulation does
not directly regulate these entities, in our draft economic analysis we
will conduct a brief evaluation of the potential number of third
parties participating in consultations on an annual basis in order to
ensure a more complete examination of the incremental effects of this
proposed rule in the context of the RFA.
In conclusion, we believe that, based on our interpretation of
directly regulated entities under the RFA and relevant case law, this
designation of critical habitat will only directly regulate Federal
agencies which are not by definition small business entities. As such,
we certify that, if promulgated, this designation of critical habitat
would not have a significant economic impact on a substantial number of
small business entities. Therefore, an initial regulatory flexibility
analysis is not required. However, though not necessarily required by
the RFA, in our draft economic analysis for this proposal we will
consider and evaluate the potential effects to third parties that may
be involved with consultations with Federal action agencies related to
this action.
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. We do not expect the designation of this proposed
critical habitat to significantly affect energy supplies, distribution,
or use. Oil and gas pipelines crossing the proposed critical habitat
can be buried under the river channel and the contours of the channel
bed returned to their natural state. Also, the minimal and
unpredictable flows of the upper Brazos River are not well suited for
hydroelectric power generation. Therefore, this action is not a
significant energy action, and no Statement of Energy Effects is
required. However, we will further evaluate this issue as we conduct
our economic analysis, and
[[Page 47626]]
review and revise this assessment as warranted.
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 would 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 would significantly or
uniquely affect small governments. The lands adjacent to the river
channel being proposed for critical habitat designation are primarily
owned by private landowners, which do not fit the definition of ``small
governmental jurisdiction.'' Therefore, a Small Government Agency Plan
is not required. However, we will further evaluate this issue as we
conduct our economic analysis, and review and revise this assessment as
warranted.
Takings--Executive Order 12630
In accordance with Executive Order 12630 (Government Actions and
Interference with Constitutionally Protected Private Property Rights),
we are analyzing the potential takings implications of designating
critical habitat for the sharpnose shiner and smalleye shiner in a
takings implications assessment. The best information currently
available indicates that this designation of critical habitat for the
sharpnose shiner and smalleye shiner does not pose significant takings
implications. However, we will further evaluate this issue as we
conduct our economic analysis, and complete a takings implications
assessment before issuing a final determination.
Federalism--Executive Order 13132
In accordance with Executive Order 13132 (Federalism), this
proposed 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, this
proposed critical habitat designation with appropriate State resource
agencies. The designation of critical habitat in geographic areas
currently occupied by the sharpnose shiner and smalleye shiner imposes
no additional restrictions to those in place as a result of the listing
of the species and, therefore, has little incremental impact on State
and local governments and their activities. The designation may have
some benefit to these governments because the areas that contain the
physical or biological features essential to the conservation of the
species are more clearly defined, and the elements of the 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 local
governments in long-range planning (rather than having them 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) would 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 have proposed designating
critical habitat in accordance with the provisions of the Act. To
assist the public in understanding the habitat needs of the species,
the proposed rule identifies the elements of physical or biological
features essential to the conservation of the species. The areas of
proposed 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 any new collections of information that
require approval by OMB under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). This rule will not impose recordkeeping or
reporting requirements on State or local governments, individuals,
businesses, or organizations. An agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.
[[Page 47627]]
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 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 determined there are no tribal lands that meet our criteria for
critical habitat. Therefore, we are not proposing to designate critical
habitat for sharpnose or smalleye shiners on tribal lands.
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you feel lists or tables would be
useful, etc.
References Cited
A complete list of references cited in this rulemaking is available
on the Internet at http://www.regulations.gov under Docket No. FWS-R2-
ES-2013-0008 in the June 2013 version of the Status Assessment Report
for the Sharpnose Shiner and Smalleye Shiner (Service 2013), and upon
request from the Arlington, Texas, Ecological Services Field Office
(see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this document are the staff members of the
Arlington, Texas, Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to 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; 4201-4245, unless
otherwise noted.
0
2. In Sec. 17.95, amend paragraph (e) by adding entries for
``Sharpnose Shiner (Notropis oxyrhynchus)'' and ``Smalleye Shiner
(Notropis buccula)'' in the same alphabetical order that the species
appear in the table at Sec. 17.11(h), to read as follows:
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(e) Fishes.
* * * * *
Sharpnose Shiner (Notropis oxyrhynchus)
(1) Critical habitat units are depicted for Baylor, Crosby, Fisher,
Garza, Haskell, Kent, King, Knox, Stonewall, Throckmorton, and Young
Counties, Texas, on the maps below.
(2) Critical habitat includes the bankfull width of the river
channel within the identified river segments indicated on the maps
below, and includes a lateral distance of 30 meters (98 feet) on each
side of the stream width at bankfull discharge. Bankfull discharge is
the flow at which water begins to leave the channel and move into the
floodplain, and generally occurs every 1 to 2 years.
(3) Within these areas, the primary constituent elements of the
physical or biological features essential to the conservation of the
sharpnose shiner consist of a riverine system with habitat to support
all life-history stages of the sharpnose shiner, which includes:
(i) Unobstructed, sandy-bottomed river segments greater than 275
kilometers (171 miles) in length.
(ii) Flowing water of greater than 2.61 cubic meters per second
(m\3\s-1) (92 cubic feet per second (cfs)) averaged over the
shiner spawning season (April through September).
(iii) Water of sufficient quality to support survival and
reproduction, characterized by:
(A) Temperatures generally less than 39.2 [deg]C
(102.6[emsp14][deg]F);
(B) Dissolved oxygen concentrations generally greater than 2.66
milligrams per liter (mg/L);
(C) Salinities generally less than 15 parts per thousand (ppt) (25
millisiemens per centimeter (mS/cm)); and
(D) Sufficiently low petroleum and other pollutant concentrations
such that mortality does not occur.
(iv) Native riparian vegetation capable of maintaining river water
quality, providing a terrestrial prey base, and maintaining a healthy
riparian ecosystem.
(4) Critical habitat does not include manmade structures (such as
buildings, railroads, roads, and other paved areas) and the land on
which they are located existing within the legal boundaries on the
effective date of this rule.
(5) Critical habitat map units. Data layers defining map units were
created using the USGS National Hydrography Dataset's flowline data in
ArcMap (Environmental Systems Research Institute, Inc.), a computer
geographic information system program. The 30-m (98-ft) lateral extent
adjacent to each segment's active channel is not displayed in the
included figures because it is not appropriate at these map scales.
Segments were mapped using the NAD 1983 UTM Zone 14 projection.
Endpoints of stream segments for each critical habitat subunit are
reported as latitude, longitude in decimal degrees. The maps
[[Page 47628]]
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 the Service's Internet site (http://www.fws.gov/southwest/es/ArlingtonTexas/), at http://www.regulations.gov at Docket No. FWS-R2-ES-2013-0008, and at the
Arlington, Texas, Ecological Services Field Office. You may obtain
field office location information by contacting one of the Service
regional offices, the addresses of which are listed at 50 CFR 2.2.
(6) Index map of critical habitat for the sharpnose shiner and
smalleye shiner follows:
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[GRAPHIC] [TIFF OMITTED] TP06AU13.000
[[Page 47629]]
(7) Subunit 1: Upper Brazos River Main Stem from approximately 15
river km (9.3 miles) upstream of the eastern border of Young County
where it intersects the upper portion of Possum Kingdom Lake
(32.974302, -98.509880) upstream to the confluence of the Double
Mountain Fork of the Brazos River and the Salt Fork of the Brazos River
where they form the Brazos River main stem (33.268404, -100.010209);
Baylor, King, Knox, Stonewall, Throckmorton, and Young Counties, Texas.
Map of Upper Brazos River Main Stem Subunit follows:
[GRAPHIC] [TIFF OMITTED] TP06AU13.001
(8) Subunit 2: Salt Fork of the Brazos River from its confluence
with the Double Mountain Fork of the Brazos River (33.268404, -
100.010209) upstream to the McDonald Road crossing (33.356258, -
101.345890); Garza, Kent, and Stonewall Counties, Texas. Map of Salt
Fork of the Brazos River Subunit follows:
[[Page 47630]]
[GRAPHIC] [TIFF OMITTED] TP06AU13.002
(9) Subunit 3: White River from its confluence with the Salt Fork
of the Brazos River (33.241172, -100.936181) upstream to the White
River Lake impoundment (33.457240, -101.084546); Crosby, Garza, and
Kent Counties, Texas. Map of White River Subunit follows:
[[Page 47631]]
[GRAPHIC] [TIFF OMITTED] TP06AU13.003
(10) Subunit 4: Double Mountain Fork of the Brazos River from its
confluence with the Salt Fork of the Brazos River (33.268404, -
100.010209) upstream to the confluence of the South Fork Double
Mountain Fork of the Brazos River and the North Fork Double Mountain
Fork of the Brazos River where they form the Double Mountain Fork of
the Brazos River (33.100269, -100.999803); Fisher, Haskell, Kent, and
Stonewall Counties, Texas. Map of Double Mountain Fork of the Brazos
River Subunit follows:
[[Page 47632]]
[GRAPHIC] [TIFF OMITTED] TP06AU13.004
(11) Subunit 5: North Fork Double Mountain Fork of the Brazos River
from its confluence with the South Fork Double Mountain Fork of the
Brazos River (33.100269, -100.999803) upstream to the earthen
impoundment near Janes-Prentice Lake (33.431515, -101.479610); Crosby,
Garza, and Kent Counties, Texas. Map of North Fork Double Mountain Fork
of the Brazos River Subunit follows:
[[Page 47633]]
[GRAPHIC] [TIFF OMITTED] TP06AU13.005
(12) Subunit 6: South Fork Double Mountain Fork of the Brazos River
from its confluence with the North Fork Double Mountain Fork of the
Brazos River (33.100269, -100.999803) upstream to the John T. Montford
Dam of Lake Alan Henry (33.065008, -101.039780); Garza and Kent
Counties, Texas. Map of South Fork Double Mountain Fork of the Brazos
River Subunit follows:
[[Page 47634]]
[GRAPHIC] [TIFF OMITTED] TP06AU13.006
Smalleye Shiner (Notropis buccula)
(1) Critical habitat units are depicted for Baylor, Crosby, Fisher,
Garza, Haskell, Kent, King, Knox, Stonewall, Throckmorton, and Young
Counties, Texas, on the maps.
(2) Critical habitat includes the bankfull width of the river
channel within the identified river segments indicated on the maps, and
includes a lateral distance of 30 meters (98 feet) on each side of the
stream width at bankfull discharge. Bankfull discharge is the flow at
which water begins to leave the channel and move into the floodplain
and generally occurs every 1 to 2 years.
(3) Within these areas, the primary constituent elements of the
physical or biological features essential to the conservation of the
smalleye shiner consist of a riverine system with habitat to support
all life-history stages of the smalleye shiner, which includes:
(i) Unobstructed, sandy-bottomed river segments greater than 275
kilometers (171 miles) in length.
(ii) Flowing water of greater than 6.43 cubic meters per second
(m\3\s-1) (227 cubic feet per second (cfs)) averaged over
the shiner spawning season (April through September).
(iii) Water of sufficient quality to support survival and
reproduction, characterized by:
(A) Temperatures generally less than 40.6 [deg]C
(105.1[emsp14][deg]F);
(B) Dissolved oxygen concentrations generally greater than 2.11
milligrams per liter (mg/L);
(C) Salinities generally less than 18 parts per thousand (ppt) (30
millisiemens per centimeter (mS/cm)); and
[[Page 47635]]
(D) Sufficiently low petroleum and other pollutant concentrations
such that mortality does not occur.
(iv) Native riparian vegetation capable of maintaining river water
quality, providing a terrestrial prey base, and maintaining a healthy
riparian ecosystem;
(4) Critical habitat does not include manmade structures (such as
buildings, railroads, roads, and other paved areas) and the land on
which they are located existing within the legal boundaries on the
effective date of this rule.
(5) Critical habitat map units. Data layers defining map units were
created using the USGS National Hydrography Dataset's flowline data in
ArcMap (Environmental Systems Research Institute, Inc.), a computer
geographic information system program. The 30-m (98-ft) lateral extent
adjacent to each segment's active channel is not displayed in the
figures because it is not appropriate at these map scales. Segments
were mapped using the NAD 1983 UTM Zone 14 projection. Endpoints of
stream segments for each critical habitat subunit are reported as
latitude, longitude in decimal degrees. The maps, 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 the Service's Internet
site (http://www.fws.gov/southwest/es/ArlingtonTexas/), at http://www.regulations.gov at Docket No. FWS-R2-ES-2013-0008, and at the
Arlington, Texas, Ecological Services Field Office. You may obtain
field office location information by contacting one of the Service
regional offices, the addresses of which are listed at 50 CFR 2.2.
(6) Index map of critical habitat units for the smalleye shiner is
provided at paragraph (6) of the entry for the sharpnose shiner in this
paragraph (e).
(7) Subunit 1: Upper Brazos River Main Stem from approximately 15
river km (9.3 miles) upstream of the eastern border of Young County
where it intersects the upper portion of Possum Kingdom Lake
(32.974302, -98.509880) upstream to the confluence of the Double
Mountain Fork of the Brazos River and the Salt Fork of the Brazos River
where they form the Brazos River main stem (33.268404, -100.010209);
Baylor, King, Knox, Stonewall, Throckmorton, and Young Counties, Texas.
Map of Upper Brazos River Main Stem Subunit is provided at paragraph
(7) of the entry for the sharpnose shiner in this paragraph (e).
(8) Subunit 2: Salt Fork of the Brazos River from its confluence
with the Double Mountain Fork of the Brazos River (33.268404, -
100.010209) upstream to the McDonald Road crossing (33.356258, -
101.345890); Garza, Kent, and Stonewall Counties, Texas. Map of Salt
Fork of the Brazos River Subunit is provided at paragraph (8) of the
entry for the sharpnose shiner in this paragraph (e).
(9) Subunit 3: White River from its confluence with the Salt Fork
of the Brazos River (33.241172, -100.936181) upstream to the White
River Lake impoundment (33.457240, -101.084546); Crosby, Garza, and
Kent Counties, Texas. Map of White River Subunit is provided at
paragraph (9) of the entry for the sharpnose shiner in this paragraph
(e).
(10) Subunit 4: Double Mountain Fork of the Brazos River from its
confluence with the Salt Fork of the Brazos River (33.268404, -
100.010209) upstream to the confluence of the South Fork Double
Mountain Fork of the Brazos River and the North Fork Double Mountain
Fork of the Brazos River where they form the Double Mountain Fork of
the Brazos River (33.100269, -100.999803); Fisher, Haskell, Kent, and
Stonewall Counties, Texas. Map of Double Mountain Fork of the Brazos
River Subunit is provided at paragraph (10) of the entry for the
sharpnose shiner in this paragraph (e).
(11) Subunit 5: North Fork Double Mountain Fork of the Brazos River
from its confluence with the South Fork Double Mountain Fork of the
Brazos River (33.100269, -100.999803) upstream to the earthen
impoundment near Janes-Prentice Lake (33.431515, -101.479610); Crosby,
Garza, and Kent Counties, Texas. Map of North Fork Double Mountain Fork
of the Brazos River Subunit is provided at paragraph (11) of the entry
for the sharpnose shiner in this paragraph (e).
(12) Subunit 6: South Fork Double Mountain Fork of the Brazos River
from its confluence with the North Fork Double Mountain Fork of the
Brazos River (33.100269, -100.999803) upstream to the John T. Montford
Dam of Lake Alan Henry (33.065008, -101.039780); Garza and Kent
Counties, Texas. Map of South Fork Double Mountain Fork of the Brazos
River Subunit is provided at paragraph (12) of the entry for the
sharpnose shiner in this paragraph (e).
* * * * *
Dated: July 18, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2013-18212 Filed 8-5-13; 8:45 am]
BILLING CODE 4310-55-P