Federal Register, Volume 81 Issue 193 (Wednesday, October 5, 2016) 2016 Federal Register, 81 FR 69312-69363; Centralized Library: U.S. Fish and Wildlife Service -

[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)]
[Rules and Regulations]
[Pages 69312-69363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23539]

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Vol. 81

Wednesday,

No. 193

October 5, 2016

Part V

Department of the Interior

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Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife and Plants; Designation of Critical
Habitat for Kentucky Arrow Darter; Final Rule

Federal Register / Vol. 81 , No. 193 / Wednesday, October 5, 2016 /
Rules and Regulations

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2015-0133; 4500030113]
RIN 1018-BB05

Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for Kentucky Arrow Darter

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate
critical habitat for the Kentucky arrow darter (Etheostoma spilotum)
under the Endangered Species Act (Act). In total, approximately 398
stream kilometers (skm) (248 stream miles (smi)) fall within the
boundaries of the critical habitat designation.

DATES: This rule becomes effective on November 4, 2016.

ADDRESSES: This final rule is available on the internet at http://www.regulations.gov and http://www.fws.gov/frankfort/. Comments and
materials we received, as well as supporting documentation we used in
preparing this proposed rule, are available for public inspection at
http://www.regulations.gov in Docket No. FWS-R4-ES-2015-0133. All of
the comments, materials, and documentation that we considered in this
rulemaking are available by appointment, during normal business hours
at: U.S. Fish and Wildlife Service, Kentucky Ecological Services Field
Office (see FOR FURTHER INFORMATION CONTACT).
The coordinates, plot points, or both from which the maps are
generated are included in the administrative record for this critical
habitat designation and are available at http://www.fws.gov/frankfort/,
at http://www.regulations.gov at Docket No. FWS-R4-ES-2015-0133, and at
the Kentucky Ecological Services Field Office) (see FOR FURTHER
INFORMATION CONTACT). Any additional tools or supporting information
that we may develop for this critical habitat designation will also be
available at the Fish and Wildlife Service Web site and field office
set out above, and may also be included at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Virgil Lee Andrews, Jr., Field
Supervisor, U.S. Fish and Wildlife Service, Kentucky Ecological
Services Field Office, 330 West Broadway, Suite 265, Frankfort, KY
40601; telephone 502-695-0468, x108; facsimile 502-695-1024. If you use
a telecommunications device for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Executive Summary

Why we need to publish a rule. Under the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.) (ESA or Act), when we
determine that a species is threatened or endangered, we must designate
critical habitat to the maximum extent prudent and determinable.
Designations of critical habitat can only be completed by issuing a
rule.
On October 8, 2015, we published in the Federal Register a proposed
critical habitat designation for the Kentucky arrow darter (80 FR
61030). Section 4(b)(2) of the Act states that the Secretary shall
designate critical habitat on the basis of the best available
scientific data after taking into consideration the economic impact,
national security impact, and any other relevant impact of specifying
any particular area as critical habitat.
This document consists of a final rule to designate critical
habitat for the Kentucky arrow darter. We list the Kentucky arrow
darter as a threatened species elsewhere in this Federal Register.
Summary of the rule. The critical habitat areas we are designating
in this rule constitute our current best assessment of the areas that
meet the definition of critical habitat for Kentucky arrow darter. Here
we are designating approximately 398 stream kilometers (skm) (248
stream miles (smi)) in Breathitt, Clay, Harlan, Jackson, Knott, Lee,
Leslie, Owsley, Perry, and Wolfe Counties, Kentucky.
Economic analysis. We have prepared an economic analysis of the
designation of critical habitat. In order to consider economic impacts,
we have prepared an incremental effects memorandum (IEM) and screening
analysis which, together with our narrative and interpretation of
effects, constitute our draft economic analysis (DEA) of the proposed
critical habitat designation and related factors (Abt Associates 2015).
The analysis, dated September 11, 2015, was made available for public
review from October 8, 2015, through December 7, 2015 (80 FR 61030).
Following the close of the comment period, we reviewed and evaluated
all information submitted during the comment period that may pertain to
our consideration of the probable incremental economic impacts of this
critical habitat designation. We have incorporated the comments into
this final determination.
Peer review and public comment. We sought comments from seven
independent specialists to ensure that our designation was based on
scientifically sound data, assumptions, and analyses. We received
comments from five of the seven peer reviewers. The peer reviewers
generally concurred with our methods and conclusions and provided
additional information, clarifications, and suggestions to improve this
final rule. Information we received from peer review is incorporated
into this final revised designation. We also considered all comments
and information received from the public during the comment period.

Previous Federal Actions

We proposed listing the Kentucky arrow darter as threatened under
the Act (80 FR 60902) and designation of critical habitat for the
species (80 FR 61030) on October 8, 2015. For a complete history of all
Federal actions related to the Kentucky arrow darter, please refer to
the October 8, 2015, proposed listing rule (80 FR 60902).

Summary of Comments and Recommendations

We requested written comments from the public on the proposed
designation of critical habitat for the Kentucky arrow darter and
associated DEA during a comment period that opened with the publication
of the proposed rule (80 FR 60962) on October 8, 2015, and closed on
December 7, 2015. We also contacted appropriate Federal, State, and
local agencies, scientific organizations, and other interested parties,
and invited them to comment on the proposed rule and DEA during the
comment period. We did not receive any requests for a public hearing.
During the comment period, we received 3,897 comment letters in
response to the proposed critical habitat designation: 5 from peer
reviewers and 3,892 from organizations or individuals. Of these, 3,882
were nonsubstantive form letters submitted by one nongovernmental
organization in support of the proposed critical habitat designation.
None of the comment letters objected to the proposed designation of
critical habitat for the Kentucky arrow darter. All substantive
information provided during the comment period has either been
incorporated directly into this final determination or is addressed
below.

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Peer Review

In accordance with our peer review policy published on July 1, 1994
(59 FR 34270), we solicited expert opinions from seven knowledgeable
individuals with scientific expertise that included familiarity with
the species, the geographic region in which the species occurs, and
conservation biology principles. We received responses from five of the
peer reviewers.
We reviewed all comments received from the peer reviewers for
substantive issues and new information regarding critical habitat for
the Kentucky arrow darter. All of the peer reviewers generally
concurred with our methods and conclusions and provided additional
information, clarifications, and suggestions to improve the final
critical habitat rule. Peer reviewer comments are addressed in the
following summary and incorporated into the final rule as appropriate.
Peer Reviewer Comments
(1) Comment: One peer reviewer stated that the Service should
substantiate its claim in the Physical or Biological Features section
of the preamble that the Kentucky arrow darter requires relatively
clean, cool, flowing water to successfully complete its life cycle.
Our Response: We made this claim based on the best and most current
scientific data available, and we have added supporting references
(Thomas 2008, entire; Service 2014, entire; Hitt et al. 2016, pp. 46-
52) under the Food, Water, Air, Light, Minerals, or Other Nutritional
or Physiological Requirements section of this final critical habitat
determination. These references describe the general water quality and
habitat conditions of streams occupied by Kentucky arrow darters.
(2) Comment: One peer reviewer commented that he had observed
Kentucky arrow darters in streams with conductivities exceeding 980
microsiemens ([micro]S)/cm, even though the Service concluded that
Kentucky arrow darters are generally absent when conductivity levels
exceed 350 [micro]S/cm.
Our Response: We concur with the peer reviewer that Kentucky arrow
darters are sometimes observed in streams with conductivity values
greater than 350 [micro]S/cm; however, we consider all of these
individuals to be transients that have simply migrated from a nearby
source stream (or refugium) where conductivity levels are lower. This
is not common and likely occurs as dispersing individuals move through
an area in search of better habitat conditions. The best and most
current scientific data available to the Service indicate the species'
abundance decreases sharply as conductivities exceed 261 [micro]S/cm
(Hitt et al. 2016, pp. 46-52), and the species is generally absent when
conductivities exceed 350 [micro]S/cm (Service 2012, pp. 1-4).
(3) Comment: One peer reviewer stated that the Service should
include any new information on growth, feeding, reproduction, or
spawning of the Kentucky arrow darter obtained from recent captive-
propagation efforts by Conservation Fisheries, Inc. (CFI) in Knoxville,
Tennessee.
Our Response: New observations on spawning behavior and the growth
and viability of eggs and larvae were made by CFI during recent
captive-propagation efforts (2010 to present). We have incorporated
language summarizing these findings under the Sites for Breeding,
Reproduction, or Rearing (or Development) of Offspring section of this
final rule.
(4) Comment: Two peer reviewers recommended that we discuss the
detectability of the Kentucky arrow darter during survey efforts and
how this could affect our conclusions regarding its occurrence and
distribution and our delineation of critical habitat areas. The peer
reviewers raised the issue of imperfect detection, which is the
inability of the surveyor to detect a species (even if present) due to
surveyor error, low density or rareness of the target species, or
confounding variables such as environmental conditions (e.g., stream
flow). The peer reviewers asked the Service to explain how it accounted
for imperfect detection when evaluating the species' current
distribution and status.
Our Response: We recognize the importance and significance of
imperfect detection when conducting surveys for rare or low-density
species, and we agree with the peer reviewer that it is possible a
species can go undetected within a particular survey reach when it is
actually present, especially when a species is in low numbers. However,
we are also required, by statute and regulation, to base our
determinations solely on the basis of the best scientific data
available. We are confident that the survey data available to us at the
time we prepared our proposed critical habitat designation represented
the best scientific and commercial data available.
These data were collected by well-trained, professional biologists,
who employed similar sampling techniques (single-pass electrofishing)
across the entire potential range of the Kentucky arrow darter, which
included historical darter locations, random locations, and locations
associated with regulatory permitting, such as mining or
transportation. Nearly 245 surveys were conducted for the species
between 2007 and 2015, and the results of these surveys provided an
accurate depiction of the species' current range and revealed a clear
trend of habitat degradation and range curtailment for the species.
Kentucky arrow darters may have gone undetected in a few sampling
reaches, but the species' overall decline and pattern of associated
habitat degradation (e.g., elevated conductivity) was clear based on
our review of available survey data.
(5) Comment: One peer reviewer commented that the Service should
recognize water clarity (turbidity) as a factor under PCE (primary
constituent element) 4 because the Kentucky arrow darter is a visual
feeder.
Our Response: We concur with the peer reviewer that the Kentucky
arrow darter is a visual feeder, and water clarity (or turbidity) may
influence its feeding behavior; however, we currently have no specific
data demonstrating how water clarity influences the species' feeding
behavior. Increased stream turbidity is a common occurrence across the
species' range, especially during and immediately after high stream
flow events. Even streams supporting the most robust populations of
Kentucky arrow darters are subjected to periods of high turbidity and
poor water clarity, yet these populations have been able to persist.
Poor water clarity may be important, but we have not quantified the
level at which turbidity can be detrimental to the species' feeding
behavior. The Service must rely on the best and most current scientific
data available when identifying the specific elements (PCEs) of the
physical or biological features that provide for a species' life-
history processes and are essential to the conservation of the species.
Without specific data or more detailed information on how water clarity
influences the species, we cannot include it as an important factor
under PCE 4.
(6) Comment: One peer reviewer commented on the importance of
riparian buffers and stated the designation of critical habitat for the
Kentucky arrow darter should be expanded to include areas outside of
the stream channel.
Our Response: We concur with the peer reviewer that lands outside
of designated critical habitat play an important role in the
conservation of the species. Intact riparian buffers help support the
PCEs and biological features by protecting against soil erosion and

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instream sedimentatiom and providing shade that lowers stream
temperatures. We limited our designation of critical habitat to the
stream channel (areas within the ordinary high-water mark) because this
is where the species occurs and these areas contain one or more of the
physical or biological features essential to the species' conservation.
(7) Comment: One peer reviewer recommended that critical habitat
unit 6 be expanded by moving the downstream terminus to the confluence
of Middle Fork Quicksand Creek and Quicksand Creek. The peer reviewer
provided new occurrence information that included observations of the
Kentucky arrow darter approximately 100 m (328 ft) upstream of the
mouth of Middle Fork Quicksand Creek.
Our Response: We concur with the peer reviewer that Unit 6 should
be modified, and we appreciate receipt of new collection data
documenting the species' occurrence in downstream reaches of Middle
Fork Quicksand Creek. Based on collection data provided by the peer
reviewer, we have expanded Unit 6 by moving the downstream terminus 2.7
skm (1.7 smi) to the mouth of Middle Fork Quicksand Creek. The species'
total number of designated stream kilometers (miles) has been adjusted
accordingly.

Public Comments

(8) Comment: One commenter questioned our assertion that activities
within Robinson Forest may require special management considerations or
protections to address minor siltation associated with management
activities, road use, and limited off-road vehicle use. The commenter
stated that off-road vehicle use is not a potential threat in Robinson
Forest as no off-road vehicle paths or trails are present. The
commenter also explained that 40 years of forest management and
research activities in Robinson Forest are consistent with the
maintenance of Kentucky arrow darter populations in both the Clemons
Fork and Coles Fork watersheds. The commenter suggested that if major
increases in activities occur in or around the riparian corridors,
special management considerations may be required to address minor
siltation associated with these activities.
Our Response: We concur with the commenter that off-road vehicle
use is not a threat in Robinson Forest, and we have modified this final
rule accordingly. We also agree with the commenter that management
activities and general use of the Forest over the last 40 years have
been consistent with the maintenance of Kentucky arrow darter
populations in the Clemons Fork and Coles Fork watersheds. The robust
populations of Kentucky arrow darters in both watersheds indicate that
these management activities are working to protect the species and its
habitats. Therefore, it is clear that these special management
considerations are required to maintain the features essential to the
species' conservation.
(9) Comment: One commenter stated that the economic analysis did
not consider or discuss the possible economic effects on the local
economy, and in particular, the coal production industry.
Our Response: In the economic screening analysis, we evaluated the
``without critical habitat'' baseline versus the ``with critical
habitat'' scenario, to identify those effects expected to occur solely
due to the designation of critical habitat and not from the protections
that are in place due to the species being listed under the Act. This
method, known as the ``incremental effects'' approach, focuses on the
incremental economic impact of the regulatory change being considered.
All of the proposed critical habitat units for the Kentucky arrow
darter are considered to be within the geographical area occupied by
the species at the time of listing. As described in our Incremental
Effects Memo, we do not anticipate differences in the outcome of
section 7 consultations in occupied habitat because actions that
adversely affect occupied habitat would typically also jeopardize the
existence of the species. Therefore, in the economic screening
analysis, the Service concluded that the only incremental costs
anticipated are the administrative costs due to the additional
consideration of the adverse modification of critical habitat during
section 7 consultations.
The Service took steps in its economic screening analysis to
determine what, if any, industries would be affected by the designation
of critical habitat. Any project with a Federal nexus (e.g., receiving
Federal funding or requiring a Federal permit) that may affect the
listed species or its designated habitat requires Federal agencies to
consult with the Service and could thus be potentially impacted by the
regulation. The Service gathered information on the estimated number of
section 7 consultations addressing the Kentucky arrow darter and its
critical habitat from various Federal agencies that distribute permits
or fund projects within the proposed critical habitat units. These
results are present in Exhibit 3 (Summary of Estimated Number of
Section 7 Consultations Addressing the Kentucky Arrow Darter and its
Critical Habitat) of the Screening Memo.
One of the agencies that the Service contacted was the U.S. Army
Corps of Engineers (USACE), which is responsible for distributing
permits for a variety of land activities including coal mining. Any
coal mining projects that may be affected by the critical habitat
designation would be affected only through incremental administrative
costs associated with a section 7 consultation. USACE noted that adding
critical habitat to a consultation already considering the jeopardy
standard does not substantially increase administrative costs (reported
in Exhibit 4 of the Screening Memo: Summary of Estimated Incremental
Administrative Costs of Section 7 Consultations). Therefore, any
activities that require a USACE permit and consultation with the
Service, such as coal mining, should experience minimal incremental
economic impacts from critical habitat designation for the Kentucky
arrow darter.
(10) Comment: One commenter stated that the Service did not discuss
how it would regulate the protection of streams on private lands or
specify whose responsibility it was to inform the public of new
regulations.
Our Response: 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 Act does not authorize the
Service to regulate private actions (i.e., actions without a Federal
nexus) on private lands or confiscate private property as a result of
critical habitat designation.
The designation of critical habitat does not prevent access to any
land, whether private, tribal, State, or Federal. 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 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

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implement reasonable and prudent alternatives to avoid destruction or
adverse modification of critical habitat.
The Service believes that restrictions alone are neither an
effective nor a desirable means for achieving the conservation of
listed species. We prefer to work collaboratively with private
landowners, and strongly encourage individuals with listed species or
designated critical habitat on their property to work with us to
develop incentive-based measures such as Safe Harbor Agreements or
Habitat Conservation Plans (HCPs), which have the potential to provide
conservation measures that effect positive results for the species and
its habitat while providing regulatory relief for landowners. The
conservation and recovery of endangered and threatened species, and the
ecosystems upon which they depend, is the ultimate objective of the
Act, and the Service recognizes the vital importance of voluntary,
nonregulatory conservation measures that provide incentives for
landowners in achieving that objective.
(11) Comment: One commenter stated that the proposed critical
habitat rule did not sufficiently discuss the threat posed by
mountaintop coal mining or acknowledge the presence of hydraulic
fracturing (fracking) within some critical habitat units.
Our Response: The Service did not specifically discuss mountaintop
coal mining or hydraulic fracking in the proposed critical habitat
rule; however, we did identify these activities indirectly in the
Special Management Considerations or Protection section of the proposed
rule. In that section and in several unit descriptions, we identified
resource extraction (e.g., surface coal mining, logging, natural gas
and oil exploration) as a threat that may affect one or more of the
physical or biological features essential to the Kentucky arrow darter
and may require special management considerations or protection.
Potential threats associated with surface coal mining and natural gas
and oil exploration were discussed thoroughly in the species' proposed
listing rule (80 FR 60962, October 8, 2015).

Summary of Changes From Proposed Rule

We have considered all comments and information received during the
open comment period for the proposed designation of critical habitat
for the Kentucky arrow darter. In the Critical Habitat section of this
document, we provide new or revised information and references on
feeding behavior, the species' water quality requirements (e.g.,
elevated conductivity, temperature), spawning behavior, development and
viability of eggs, and special management considerations or protection
for Units 3 and 4. Under the Final Critical Habitat Designation
section, we expanded Unit 6 (Middle Fork Quicksand Creek) by extending
its downstream terminus 2.7 skm (1.7 smi) to the mouth of Middle Fork
Quicksand Creek. The total number of designated stream kilometers
(miles) were adjusted accordingly.
Based on further review and an effort to clarify our descriptions
of the Primary Constituent Elements (PCEs), we modified PCEs 1 and 4 by
adding additional descriptive information.

Critical Habitat

Background

Critical habitat is defined in section 3 of the Act as:
(1) The specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the Act, on which
are found those physical or biological features
(a) essential to the conservation of the species, and
(b) which may require special management considerations or
protection; and
(2) Specific areas outside the geographical area occupied by the
species at the time it is listed, upon a determination that such areas
are essential for the conservation of the species.
Conservation, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided pursuant to the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the requirement that Federal agencies ensure, in consultation
with the Service, that any action they authorize, fund, or carry out is
not likely to result in the destruction or adverse modification of
critical habitat. The designation of critical habitat does not affect
land ownership or establish a refuge, wilderness, reserve, preserve, or
other conservation area. Such designation does not allow the government
or public to access private lands. Such designation does not require
implementation of restoration, recovery, or enhancement measures by
non-Federal landowners. Where a landowner requests Federal agency
funding or authorization for an action that may affect a listed species
or critical habitat, the 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 for the
conservation of the species and may be included in the critical habitat
designation. We designate critical habitat in areas outside the
geographical area occupied by a species only when a designation

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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.
Additional information sources may include the recovery plan for the
species, articles in peer-reviewed journals, conservation plans
developed by States and counties, scientific status surveys and
studies, biological assessments, other unpublished materials, or
experts' opinions or personal knowledge.
Habitat is dynamic, and species may move from one area to another
over time. We recognize that critical habitat designated at a
particular point in time may not include all of the habitat areas that
we may later determine are necessary for the recovery of the species.
For these reasons, a critical habitat designation does not signal that
habitat outside the designated area is unimportant or may not be needed
for recovery of the species. Areas that are important to the
conservation of the listed species, both inside and outside the
critical habitat designation, will continue to be subject to: (1)
Conservation actions implemented under section 7(a)(1) of the Act, (2)
regulatory protections afforded by the requirement in section 7(a)(2)
of the Act for Federal agencies to ensure their actions are not likely
to jeopardize the continued existence of any endangered or threatened
species, and (3) section 9 of the Act's prohibitions on taking any
individual of the species, including taking caused by actions that
affect habitat. Federally funded or permitted projects affecting listed
species outside their designated critical habitat areas may still
result in jeopardy findings in some cases. If we list the Kentucky
arrow darter, these protections and conservation tools would continue
to contribute to recovery of this species. Similarly, critical habitat
designations made on the basis of the best available information at the
time of designation will not control the direction and substance of
future recovery plans, HCPs, or other species conservation planning
efforts if new information available at the time of these planning
efforts calls for a different outcome.
On February 11, 2016, we published a final rule in the Federal
Register (81 FR 7413) to amend our regulations concerning the
procedures and criteria we use to designate and revise critical
habitat. That rule became effective on March 14, 2016, but, as stated
in that rule, the amendments it sets forth apply to ``rules for which a
proposed rule was published after March 14, 2016.'' We published our
proposed critical habitat designation for the Kentucky arrow darter on
October 8, 2015 (80 FR 61030); therefore, the amendments set forth in
the February 11, 2016, final rule at 81 FR 7413 do not apply to this
final designation of critical habitat for the Kentucky arrow darter.

Physical or Biological Features

In accordance with section 3(5)(A)(i) of the Act and regulations in
title 50 of the Code of Federal Regulations at 50 CFR 424.12(b), in
determining which areas within the geographical area occupied by the
species at the time of listing to designate as critical habitat, we
consider the physical or biological features that are essential to the
conservation of the species and which may require special management
considerations or protection. 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 historic, geographical, and ecological
distributions of a species.
We derive the specific physical or biological features essential
for the Kentucky arrow darter from studies of its habitat, ecology, and
life history as described below. Additional information can be found in
the final listing rule published elsewhere in this Federal Register. To
identify the physical or biological features essential to the
conservation of the species, we have relied on current conditions at
locations where the species survives, the limited information available
on the species and its closest relatives, and factors associated with
the decline of other fishes that occupy similar habitats in the
Southeast. We have determined that the following physical or biological
features are essential to the Kentucky arrow darter.

Space for Individual and Population Growth and for Normal Behavior

Little is known about the specific space requirements of the
Kentucky arrow darter; however, the species is typically observed in
moderate- to high-gradient, first- to third-order geomorphically stable
streams (Lotrich 1973, p. 382; Thomas 2008, p. 6). Geomorphically
stable streams transport sediment while maintaining their horizontal
and vertical dimensions (width to depth ratio and cross-sectional
area), pattern (sinuosity), and longitudinal profile (riffles, runs,
and pools), thereby conserving the physical characteristics of the
stream, including bottom features such as riffles, runs, and pools and
the transition zones between these features (Rosgen 1996, pp. 1-3). The
protection and maintenance of these habitat features accommodate
spawning, rearing, growth, migration, and other normal behaviors of the
species.
During most of the year (late spring through winter), Kentucky
arrow darters occupy shallow pools between 10-45 centimeters (cm) (4-18
inches (in)) or transitional areas between riffles and pools (runs and
glides) with cobble and boulder substrates that are interspersed with
clean (relatively silt free) sand and gravel (Lotrich 1973, p. 382;
Thomas 2008, p. 6). Most individuals are encountered near some type of
instream cover: Large cobble, boulders, bedrock ledges, or woody debris
piles (Thomas 2008, p. 6). During the spawning period (April through
June), Kentucky arrow darters utilize riffle habitats with relatively
silt free, gravel, cobble, and sand substrates (Kuehne and Barbour
1983, p. 71). Streams inhabitated by Kentucky arrow darters tend to be
clear and cool (generally less than or equal to 24 degrees Celsius
([deg]C) (75 degrees Fahrenheit ([deg]F))), with shaded corridors and
naturally vegetated, intact riparian zones (Lotrich 1973, p. 378;
Thomas 2008, pp. 7, 23).
Limited information exists about upstream or downstream movements
of Kentucky arrow darters; however, there is evidence that the species
can utilize

[[Page 69317]]

relatively long stream reaches. Observations by Lowe (1979, pp. 26-27)
of potential dispersal behavior for a related species (the Cumberland
arrow darter (Etheostoma sagitta)) in Tennessee, preliminary findings
from a movement study at Eastern Kentucky University (EKU), and recent
survey results by Kentucky Department of Fish and Wildlife Resources
(KDFWR) suggest that Kentucky arrow darters can utilize stream reaches
of over 4 skm (2.5 smi) and disperse to other tributaries (Baxter
2015,entire; Thomas 2015, pers. comm.) (see ``Habitat and Life
History'' section of our final listing rule published elsewhere in this
Federal Register).
The current range of the Kentucky arrow darter has been reduced
from 74 historically occupied streams to 47 currently occupied streams
due to destruction, modification, and fragmentation of habitat.
Fragmentation of the species' habitat has subjected these small
populations to genetic isolation, reduced space for rearing and
reproduction, reduced adaptive capabilities, and an increased
likelihood of local extinctions (Burkhead et al. 1997, pp. 397-399;
Hallerman 2003, pp. 363-364). Genetic variation and diversity within a
species are essential to recovery, adaptation to environmental change,
and long-term viability (capability to live, reproduce, and develop)
(Noss and Cooperrider 1994, pp. 282-297; Harris 1984, pp. 93-107;
Fluker et al. 2007, p. 2). The long-term viability of a species is
founded on the conservation of numerous local populations throughout
its geographic range (Harris 1984, pp. 93-104). Connectivity of these
habitats is essential in preventing further fragmentation and isolation
of Kentucky arrow darter populations and promoting species movement and
genetic flow between populations.
Therefore, based on the information above, we identify connected
riffle-pool complexes (with alternating runs and glides) of
geomorphically stable, first- to third-order streams to be physical or
biological features essential to the conservation of the Kentucky arrow
darter. The maintenance of these habitats is essential in accommodating
feeding, breeding, growth, and other normal behaviors of the Kentucky
arrow darter and in promoting gene flow within the species.

Food, Water, Air, Light, Minerals, or Other Nutritional or
Physiological Requirements

Feeding habits of the Kentucky arrow darter were documented by
Lotrich (1973, pp. 380-382) in the Clemons Fork system, Breathitt
County, Kentucky. The primary prey item was mayflies (Order
Ephemeroptera), which comprised 77 percent of identifiable food items
(420 of 542 items) in 57 Kentucky arrow darter stomachs (Lotrich 1973,
p. 381). Large Kentucky arrow darters (greater than 70 milimeters (mm)
(2.8 in) total length (TL)) utilized small crayfishes, as 7 of 8
stomachs examined by Lotrich (1973, p. 381) contained crayfishes
ranging in size from 11 to 24 mm (0.4 to 0.9 in). Lotrich (1973, p.
381) considered this to be noteworthy because stomachs of small
Kentucky arrow darters (less than 70 mm (2.8 in) TL) and stomachs of
other darter species did not contain crayfishes. Other food items
reported by Lotrich (1973, p. 381) and Etnier and Starnes (1993, p.
523) included larval blackflies (family Simuliidae) and midges
(Chironomidae), with lesser amounts of caddisfly larvae, stonefly
nymphs, and beetle larvae. Etnier and Starnes (1993, p. 523) reported
that juvenile arrow darters feed on microcrustaceans and dipteran
larvae.
Observations by Lowe (1979, pp. 32-34) for the closely related
Cumberland arrow darter indicated that feeding strategies typically
consisted of continuous prey searches, with little dependence on drift
items. The general pattern observed by Lowe (1979, p. 34) was movement
by adults to mid-stream, followed by active searches that included
probing underneath and around rocks and chasing of prey. When spotted,
prey items were picked off rocks, and pelvic and pectoral fins were
often used to aid in climbing over rocks.
Like most other darters, the Kentucky arrow darter depends on
perennial stream flows that create suitable habitat conditions needed
for successful completion of its life cycle. An ample supply of flowing
water provides a means of transporting nutrients and food items,
moderating water temperatures and dissolved oxygen levels, removing
fine sediments that could damage spawning or foraging habitats, and
diluting nonpoint-source pollutants. Water withdrawals do not represent
a significant threat to the species, but the species is faced with
occasional low-flow conditions that occur during periods of drought.
Water quality is also important to the persistence of the Kentucky
arrow darter. The species requires relatively clean (unpolluted), cool,
flowing water to successfully complete its life cycle (Thomas 2008,
entire; Service 2014, entire). Specific water quality requirements,
such as temperature, dissolved oxygen, pH (a measure of the acidity or
alkalinity of water), and conductivity (a measure of electrical
conductance in the water column that increases as the concentration of
dissolved solids increases), that define suitable habitat conditions
for the Kentucky arrow darter have not been determined; however, the
species is sensitive to elevated conductivity and is generally absent
when levels exceed 350 microsiemens ([micro]S)/cm (Service 2012, pp. 1-
4; Hitt 2014, pp. 5-7, 11-13; Hitt et al. 2016, pp. 46-52). Kentucky
arrow darters are sometimes observed in streams with conductivity
values greater than 350 [micro]S/cm; however, we consider all of these
individuals to be transients that have simply migrated from a nearby
source stream (or refugium) where conductivity levels are lower. This
is not common and likely occurs as dispersing individuals move through
an area in search of better habitat conditions. The best and most
current scientific data available to the Service indicate the species'
abundance decreases sharply as conductivities exceed 261 [micro]S/cm
(Hitt et al. 2016, pp. 46-52).
In general, optimal water quality conditions for fishes and other
aquatic organisms are characterized by (1) moderate stream temperatures
(generally less than or equal to 24 [deg]C (75 [deg]F) for the Kentucky
arrow darter) (Thomas 2008, entire); (2) high dissolved-oxygen
concentrations (generally greater than 6.0 mg/L); (3) moderate pH
(generally 6.0-8.5), and (4) low levels of pollutants, such as
inorganic contaminants (e.g., sulfate, iron, manganese, selenium, and
cadmium); organic contaminants such as human and animal waste products;
pesticides and herbicides; nitrogen, potassium, and phosphorus
fertilizers; and petroleum distillates.
Therefore, based on the information above, we identify aquatic
macroinvertebrate prey items, which are typically dominated by larval
mayflies but also include larval black flies, midges, caddisflies,
stoneflies, beetles, and small crayfishes; permanent surface flows, as
measured during average rainfall years; and adequate water quality to
be physical or biological features essential to the conservaton of the
Kentucky arrow darter.

Cover or Shelter

Kentucky arrow darters depend on specific habitats and bottom
substrates for normal life processes such as spawning, rearing,
resting, and foraging. As described above, the species typically
inhabits shallow pools, riffles, runs, and glides dominated by cobble
and boulder substrates and interspersed with clean sand and gravel and
low

[[Page 69318]]

levels of siltation (Thomas 2008, p. 6; Service unpublished data).
Kentucky arrow darters are typically observed near some type of cover
(boulders, rock ledges, large cobble, or woody debris piles) and at
depths ranging from 10 to 91 cm (4 to 36 in) (Thomas 2008, p. 6;
Service unpublished data). Sedimentation (siltation) has been listed
repeatedly as a threat to the Kentucky arrow darter (Kuehne and Barbour
1983, p. 71; Etnier and Starnes 1993, p. 523; Thomas 2008, pp. 3-7),
and the species has suffered population declines and extirpations where
sedimentation has been severe (Etnier and Starnes 1993, p. 524; Thomas
2008, p. 7; Service 2012, p. 1). Substrates with low levels of
siltation are essential in accommodating the species' feeding,
breeding, growth, and other normal behaviors. The term ``low levels of
siltation'' is defined for the purpose of this rule as silt or fine
sand within interstitial spaces of substrates in amounts low enough to
have minimal impact (i.e., that would have no appreciable reduction in
spawning, breeding, growth, and feeding) to the species. Increased
levels of siltation (interstitial spaces of substrates filled with
large amounts of fine sediment) would reduce the species' ability to
feed (e.g., reduced abundance of prey items) and reproduce (e.g., lack
of appropriate spawning sites, smothering of eggs).
Therefore, based on the information above, we identify stable,
shallow pools, runs, and glides with boulder and cobble substrates,
relatively low levels of siltation, and ample cover (e.g., slab rocks,
bedrock ledges, woody debris piles) to be physical or biological
features essential to the conservation of the Kentucky arrow darter.

Sites for Breeding, Reproduction, or Rearing (or Development) of
Offspring

Little information is available on the reproductive biology and
early life history of the Kentucky arrow darter; however, general
details were provided by Kuehne and Barbour (1983, p. 71), and more
specific information can be elucidated from research conducted by
Bailey (1948, pp. 82-84) and Lowe (1979, pp. 44-50), both of whom
studied the closely related Cumberland arrow darter. Prior to spawning,
male Kentucky arrow darters establish territories over riffles from
March to May, when they are quite conspicuous in water 5 to 15 cm (2 to
6 in) deep. Males fan out a depression in the substrate (typically a
mixtue of cobble, gravel, and sand) and defend these sites vigorously.
The spawning period extends from April to June, but peak activity
occurs when water temperatures reach 13 [deg]C (55 [deg]F), typically
in mid-April. As mentioned above, substrates with low levels of
siltation are essential in accommodating the species' normal behaviors,
including breeding, reproduction, and rearing. The species has suffered
population declines and extirpations where sedimentation has been
severe (Etnier and Starnes 1993, p. 524; Thomas 2008, p. 7; Service
2012, p. 1).
Juvenile arrow darters can be found throughout the channel but are
often observed in shallow water along stream margins near root mats,
rock ledges, or some other cover. As stream flow lessens and riffles
begin to shrink, most arrow darters move into pools and tend to remain
there even when summer and autumn rains restore stream flow (Kuehne and
Barbour 1983, p. 71).
Therefore, based on the information above, we identify first- to
third-order streams containing moderately flowing riffle, pool, run,
and glide habitats with gravel and cobble substrates, root mats along
the bank, undercut banks, and low levels of siltation to be physical or
biological features essential to the conservation of the Kentucky arrow
darter.

Habitats Protected From Disturbance or Representative of the Historic,
Geographical, and Ecological Distributions of the Species

As described above, stable substrates with low levels of siltation,
adequate water quality, and healthy aquatic insect populations are
habitat features essential to the Kentucky arrow darter. Historically,
first- to third-order streams across the species' range would have
contained these habitat features.
All current and historical capture locations of the Kentucky arrow
darter are from first- to third-order order, warmwater streams within
the upper Kentucky River drainage (Gilbert 1887, pp. 53-54; Woolman
1892, pp. 275-281; Kuehne and Bailey 1961, pp. 3-4; Kuehne 1962, pp.
608-609; Thomas 2008, entire; Service 2012, entire). The species was
historically distributed in at least six sub-basins of the Kentucky
River, but it is now extirpated from at least 36 historical streams
within those sub-basins. Most remaining populations are highly
fragmented and restricted to short stream reaches. Given the species'
reduced range and fragmented distribution, it is vulnerable to
extirpation from intentional or accidental toxic chemical spills,
habitat modification, progressive degradation from runoff (nonpoint-
source pollutants), natural catastrophic changes to their habitat
(e.g., flood scour, drought), and other stochastic disturbances, such
as loss of genetic variation and inbreeding (Soul[eacute] 1980, pp.
157-158; Hunter 2002, pp. 97-101; Allendorf and Luikart 2007, pp. 117-
146). In addition, the level of isolation seen in this species makes
natural repopulation following localized extirpations virtually
impossible without human intervention. Greater connectivity within
extant populations is needed to provide some protection against these
threats and would be more representative of the historic, geographical
distribution of the species.
Based on the biological information and needs discussed above, we
identify stable, undisturbed stream beds and banks, and ability for
populations to be distributed in multiple first- to third-order streams
throughout the upper Kentucky River drainage that are protected from
disturbance or are representative of the historic, geographical, and
ecological distributions of the species to be physical or biological
features essential to the conservation of the Kentucky arrow darter.

Primary Constituent Elements for the Kentucky Arrow Darter

According to 50 CFR 424.12(b), we are required to identify the
physical or biological features essential to the conservation of the
Kentucky arrow darter in areas occupied at the time of listing,
focusing on the features' primary constituent elements. We consider
primary constituent elements to be 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.
Based on our current knowledge of the physical or biological
features and habitat characteristics required to sustain the species'
life-history processes, we determine that the primary constituent
elements specific to the Kentucky arrow darter are:
(1) Primary Constituent Element 1--Riffle-pool complexes and
transitional areas (glides and runs) of geomorphically stable, first-
to third-order streams of the upper Kentucky River drainage with
connectivity between spawning, foraging, and resting sites to promote
gene flow throughout the species' range.
(2) Primary Constituent Element 2--Stable bottom substrates
composed of gravel, cobble, boulders, bedrock ledges, and woody debris
piles with low levels of siltation.
(3) Primary Constituent Element 3--An instream flow regime
(magnitude, frequency, duration, and seasonality of

[[Page 69319]]

discharge over time) sufficient to provide permanent surface flows, as
measured during years with average rainfall, and to maintain benthic
habitats utilized by the species.
(4) Primary Constituent Element 4--Adequate water quality
characterized by seasonally moderate stream temperatures (generally
<=24 [deg]C or 75 [deg]F), high dissolved oxygen concentrations
(generally >=6.0 mg/L), moderate pH (generally 6.0 to 8.5), low stream
conductivity (species' abundance decreases sharply as conductivities
exceed 261 [micro]S/cm and species is typically absent above 350
[micro]S)/cm (Service 2012, pp. 1-4; Hitt et al. 2016, pp. 46-52)), and
low levels of pollutants. Adequate water quality is defined for the
purpose of this rule as the quality necessary for normal behavior,
growth, and viability of all life stages of the Kentucky arrow darter.
(5) Primary Constituent Element 5--A prey base of aquatic
macroinvertebrates, including mayfly nymphs, midge larvae, blackfly
larvae, caddisfly larvae, stonefly nymphs, and small crayfishes.

Special Management Considerations or Protection

When designating critical habitat, we assess whether the specific
areas within the geographical area occupied by the species at the time
of listing, and which contain features which are essential to the
conservation of the species, may require special management
considerations or protection. The 38 units we are designating as
critical habitat for the Kentucky arrow darter will require some level
of management to address the current and future threats to the physical
or biological features of the species. Due to their location on the
Daniel Boone National Forest (DBNF), at least a portion of 20 critical
habitat units (Units 15-16, 18-32, and 36-38) are being managed and
protected under DBNF's land and resource management plan (LRMP) (United
States Forest Service (USFS) 2004, pp. 1-14), and additional
conservation measures will be provided upon completion of a candidate
conservation agreement (CCA) between DBNF and the Service (see
Available Conservation Measures section of the final listing rule
published elsewhere in this Federal Register).
Two of the 38 critical habitat units (Units 3 and 4) are located
wholly (Unit 3) or partially (Unit 4) on State property, specifically
Robinson Forest, a 4,047-hectare (10,000-acre) research, education, and
extension forest in Breathitt and Knott Counties owned by the
University of Kentucky (UK) and managed by the Department of Forestry
in the College of Agriculture, Food, and Environment. Management
guidelines approved by UK's Board of Trustees in 2004 provide general
land use allocations, sustainable allowances for active research and
demonstration projects involving overstory manipulation, allocations of
net revenues from research and demonstration activities, and management
and oversight responsibilities (Stringer 2015, pers. comm.). Based on
our knowledge of Kentucky arrow darter populations in Clemons Fork and
Coles Fork, there is adequate evidence indicating that forestry and
hydrology research and management activities, including road use, over
the last 40 years at Robinson Forest are consistent with the
maintenance of these populations in both watersheds. The robust
poulations in both watersheds indicate that these management activities
are working to protect the species and its habitats. Therefore, it is
clear that these special management considerations are required to
maintain the features essential to the species' conservation.
At least portions of 32 critical habitat units are located on
private property (16 are located entirely on private property) and are
not presently under the protection provided by DBNF's LRMP or the CCA
developed by the DBNF and the Service. Activities in or adjacent to
these areas of critical habitat may affect one or more of the physical
or biological features essential to the Kentucky arrow darter. For
example, features in these critical habitat units may require special
management due to threats associated with resource extraction (coal
surface mining, logging, natural gas and oil exploration), agricultural
runoff (livestock, row crops), lack of adequate riparian buffers,
construction and maintenance of State and county roads, land
development, off-road vehicle use, and other nonpoint-source pollution.
These threats are in addition to adverse effects of drought, floods, or
other natural phenomena. Other activities that may affect physical and
biological features in the critical habitat units include those listed
in the Effects of Critical Habitat Designation section, below.
Management activities that could ameliorate these threats include,
but are not limited to, the use of best management practices (BMPs)
designed to reduce sedimentation, erosion, and stream bank destruction;
development of alternatives that avoid and minimize stream bed
disturbances; an increase of stormwater management and reduction of
stormwater flows into stream systems; preservation of headwater springs
and streams; regulation of off-road vehicle use; and reduction of other
watershed and floodplain disturbances that release sediments,
pollutants, or nutrients into the water.

Criteria Used To Identify Critical Habitat

As required by section 4(b)(2) of the Act, we use the best
scientific data available to designate critical habitat. In accordance
with the Act and our implementing regulations at 50 CFR 424.12(b) we
review available information pertaining to the habitat requirements of
the species and identify occupied areas at the time of listing that
contain the features essential to the conservation of the species. The
following discussion describes how we identified and delineated those
occupied areas.
We began our analysis by considering the historical and current
ranges of the Kentucky arrow darter. We used various sources including
published literature, museum collection databases, surveys, reports,
and collection records obtained from the KDFWR, Kentucky State Nature
Preserves Commission, Kentucky Division of Water, and our own files
(see ``Historical Range and Distribution'' and ``Current Range and
Distribution'' sections of our final listing rule published elsewhere
in this Federal Register). Within these ranges, we then identified the
specific areas that are occupied by the species and that contain one or
more of the physical or biological features essential to the species'
conservation. We defined occupied habitat as those stream reaches known
to be currently occupied by the species.
To identify these currently occupied stream reaches, we used post-
2006 survey data that provided information on distribution and habitat
condition (Thomas 2008, entire; Service 2012, entire; Service
unpublished data). Generally, if the species was collected or observed
in a particular stream during our recent rangewide surveys (2007-2014),
the stream reach was considered to be occupied. A few transient
individuals were observed in streams with unsuitable habitat conditions
(e.g., elevated conductivity), but these streams were not considered to
be occupied due to the poor habitat conditions and the high likelihood
that these individuals had simply migrated from a nearby source stream.
To identify the unoccupied stream reaches, we evaluated historical data
(late 1880s-2006) and the results of our recent surveys (2007-2014)
(Thomas 2008, entire; Service 2012, entire; Service unpublished data).
If the species was

[[Page 69320]]

known to occur in a stream prior to 2007, but was not observed during
our recent rangewide survey, the stream reach was considered to be
unoccupied.
Based on our review, we made a determination not to designate any
unoccupied stream reaches as critical habitat. We concluded that the
designated units occupied by the species at the time of listing are
representative of the species' historical range and include both the
core population areas of Kentucky arrow darters, as well as remaining
peripheral population areas. We further determined that there was
sufficient area for the conservation of the species within the occupied
areas. Therefore, we are not designating any areas outside the
geographic area occupied by the species.
Following the identification of occupied stream reaches, the next
step was to delineate the probable upstream and downstream extent of
the species' distribution within those reaches. We used U.S. Geological
Survey (USGS) 1:100,000 digital stream maps to delineate these
boundaries of the critical habitat units according to the criteria
explained below. We set the upstream and downstream limits of each
critical habitat unit by identifying landmarks (bridges, confluences,
and road crossings), and in some instances latitude and longitude
coordinates and section lines, above and below the upper and lowermost
reported locations of the Kentucky arrow darter in each stream reach to
ensure incorporation of all potential sites of occurrence.
We considered stream order and watershed size to select the
upstream terminus. The species can occur in small, first-order reaches
(Thomas 2008, entire; Service 2012, entire), but recent surveys have
also demonstrated that the species is typically absent in these reaches
once the watershed size (the upstream basin or catchment) falls below
1.3 square kilometers (km\2\) (0.5 square miles (mi\2\)). Consequently,
we searched for this point within the watershed and selected the
nearest tributary confluence as the upstream terminus. When a tributary
was not available, a road-crossing (bridge or ford) or dam was used to
mark the boundary.
For the downstream boundary of a unit, we typically selected a
stream confluence of a named tributary below the downstream-most
occurrence record and within a third-order or smaller stream reach. In
the unit descriptions, distances between landmarks used to identify the
upstream or downstream extent of a stream segment are given in stream
kilometers and equivalent miles, as measured tracing the course of the
stream, not straight-line distance. The critical habitat areas were
then mapped using ArcGIS software to produce the critical habitat unit
maps.
Because fishes are naturally restricted by certain physical
conditions within a stream reach (i.e., flow, substrate, cover), they
may be unevenly distributed within these habitat units. Uncertainty on
some downstream distributional limits for some populations (e.g.,
Frozen Creek) may have resulted in small areas of occupied habitat not
being included in, or areas of unoccupied habitat included in, the
designation. We recognize that both historical and recent collection
records upon which we relied are incomplete, and that there may be
stream segments or small tributaries not included in this designation
that harbor small, limited populations of the species considered in
this designation, or that others may become suitable in the future. The
omission of such areas does not diminish their potential individual or
cumulative importance to the conservation of the Kentucky arrow darter.
The habitat areas contained within the designated units described below
constitute our best evaluation of areas needed for the conservation of
this species at this time.
The critical habitat designation is defined by the map or maps, as
modified by any accompanying regulatory text, presented at the end of
this document in the Regulation Promulgation section. We include more
detailed information on the boundaries of the critical habitat
designation in the individual unit descriptions below. We will make the
coordinates, plot points, or both on which each map is based available
to the public on http://www.regulations.gov at Docket No. FWS-R4-ES-
2015-0133, on our Internet site at http://www.fws.gov/frankfort/, and
at the field office responsible for the designation (see FOR FURTHER
INFORMATION CONTACT, above).
The areas designated as critical habitat include only stream
channels within the ordinary high-water mark and do not contain any
developed areas or structures. As defined at 33 CFR 329.11, the
ordinary high-water mark on nontidal rivers is the line on the shore
established by the fluctuations of water and indicated by physical
characteristics, such as a clear, natural line impressed on the bank;
shelving; changes in the character of soil; destruction of terrestrial
vegetation; the presence of litter and debris; or other appropriate
means that consider the characteristics of the surrounding areas. For
each stream reach within a critical habitat unit, the upstream and
downstream boundaries are described generally below.
When determining critical habitat boundaries, we made every effort
to avoid including developed areas such as lands covered by buildings,
pavement, and other structures because such areas usually lack physical
and biological features essential to the conservation of the species.
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 areas. Any such areas inadvertently left inside critical
habitat boundaries shown on the maps of this final rule have been
excluded by text and are not designated as critical habitat. Therefore,
a Federal action involving these areas 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.
Further, the designation of critical habitat does not imply that lands
outside of critical habitat do not play an important role in the
conservation of the species.

Final Critical Habitat Designation

We are designating approximately 398 skm (248 smi) in 38 units in
Kentucky as critical habitat in Kentucky for the Kentucky arrow darter.
These stream reaches comprise the entire currently known range of the
species (and all extant populations). All units are considered to be
occupied at the time of listing and contain the physical or biological
features in the appropriate quantity and spatial arrangement essential
to the conservation of this species and support multiple life-history
processes for the Kentucky arrow darter. The 38 areas we designate as
critical habitat are listed in table 1 below.
Critical habitat units are either in private, Federal (DBNF), or
State (UK) ownership. In Kentucky, adjacent landowners also own the
land under streams (e.g., the stream channel or bottom), but the water
is under State jurisdiction. Portions of the public-to-private boundary
for Units 16, 18, 19, 21, 22, 24, 32, and 36 were located along the
mid-line of the stream channel; lengths for these segments were divided
equally between public and private ownership. Ownership and lengths of
Kentucky arrow darter critical habitat units are provided in table 1.

[[Page 69321]]

Table 1--Location, Ownership, and Lengths for Kentucky Arrow Darter Critical Habitat Units
[In stream kilometers (skm) and stream miles (smi)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ownership--skm (smi)
Unit Stream County ------------------------------------------------ Total length
Private Federal State skm (smi)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.......................... Buckhorn Creek and Prince Fork. Knott..................... 1.1 (0.7) 0 0 1.1 (0.7)
2.......................... Eli Fork....................... Knott..................... 1.0 (0.6) 0 0 1.0 (0.6)
3.......................... Coles Fork and Snag Ridge Fork. Breathitt, Knott.......... 0 0 11.0 (6.8) 11.0 (6.8)
4.......................... Clemons Fork................... Breathitt................. 0.1 (0.1) 0 6.9 (4.3) 7.0 (4.4)
5.......................... Laurel Fork Quicksand Creek and Knott..................... 19.8 (12.4) 0 0 19.8 (12.4)
Tributaries.
6.......................... Middle Fork Quicksand Creek and Knott..................... 25.2 (15.6) 0 0 25.2 (15.6)
Tributaries.
7.......................... Spring Fork Quicksand Creek.... Breathitt................. 2.2 (1.4) 0 0 2.2 (1.4)
8.......................... Hunting Creek and Tributaries.. Breathitt................. 15.6 (9.7) 0 0 15.6 (9.7)
9.......................... Frozen Creek and Tributaries... Breathitt................. 26.4 (16.4) 0 0 26.4 (16.4)
10......................... Holly Creek and Tributaries.... Wolfe..................... 18.3 (11.5) 0 0 18.3 (11.5)
11......................... Little Fork.................... Lee, Wolfe................ 3.8 (2.3) 0 0 3.8 (2.3)
12......................... Walker Creek and Tributaries... Lee, Wolfe................ 25.0 (15.5) 0 0 25.0 (15.5)
13......................... Hell Creek and Tributaries..... Lee....................... 12.0 (7.4) 0 0 12.0 (7.4)
14......................... Big Laurel Creek............... Harlan.................... 9.1 (5.7) 0 0 9.1 (5.7)
15......................... Laurel Creek................... Leslie.................... 0.7 (0.5) 3.4 (2.1) 0 4.1 (2.6)
16......................... Hell For Certain Creek and Leslie.................... 11.4 (7.0) 4.4 (2.8) 0 15.8 (9.8)
Tributaries.
17......................... Squabble Creek................. Perry..................... 12.0 (7.5) 0 0 12.0 (7.5)
18......................... Blue Hole Creek and Left Fork Clay...................... 0 5.7 (3.5) 0 5.7 (3.5)
Blue Hole Creek.
19......................... Upper Bear Creek and Clay...................... 0.2 (0.1) 6.6 (4.2) 0 6.8 (4.3)
Tributaries.
20......................... Katies Creek................... Clay...................... 1.7 (1.0) 4.0 (2.5) 0 5.7 (3.5)
21......................... Spring Creek and Little Spring Clay...................... 3.6 (2.2) 5.6 (3.5) 0 9.2 (5.7)
Creek.
22......................... Bowen Creek and Tributaries.... Leslie.................... 2.0 (1.2) 11.6 (7.3) 0 13.6 (8.5)
23......................... Elisha Creek and Tributaries... Leslie.................... 3.0 (1.9) 6.6 (4.0) 0 9.6 (5.9)
24......................... Gilberts Big Creek............. Clay, Leslie.............. 2.0 (1.2) 5.2 (3.3) 0 7.2 (4.5)
25......................... Sugar Creek.................... Clay, Leslie.............. 1.1 (0.7) 6.1 (3.8) 0 7.2 (4.5)
26......................... Big Double Creek and Clay...................... 0 10.3 (6.4) 0 10.3 (6.4)
Tributaries.
27......................... Little Double Creek............ Clay...................... 0 3.4 (2.1) 0 3.4 (2.1)
28......................... Jacks Creek.................... Clay...................... 5.4 (3.4) 0.5 (0.3) 0 5.9 (3.7)
29......................... Long Fork...................... Clay...................... 0 2.2 (1.4) 0 2.2 (1.4)
30......................... Horse Creek.................... Clay...................... 3.0 (1.9) 2.0 (1.2) 0 5.0 (3.1)
31......................... Bullskin Creek................. Clay, Leslie.............. 21.3 (13.3) 0.4 (0.2) 0 21.7 (13.5)
32......................... Buffalo Creek and Tributaries.. Owsley.................... 23.2 (14.5) 14.9 (9.3) 0 38.1 (23.8)
33......................... Lower Buffalo Creek............ Lee, Owsley............... 7.3 (4.6) 0 0 7.3 (4.6)
34......................... Silver Creek................... Lee....................... 6.2 (3.9) 0 0 6.2 (3.9)
35......................... Travis Creek................... Jackson................... 4.1 (2.5) 0 0 4.1 (2.5)
36......................... Wild Dog Creek................. Jackson, Owsley........... 4.3 (2.7) 3.8 (2.4) 0 8.1 (5.1)
37......................... Granny Dismal Creek............ Lee, Owsley............... 4.4 (2.7) 2.5 (1.6) 0 6.9 (4.3)
38......................... Rockbridge Fork................ Wolfe..................... 0 4.5 (2.8) 0 4.5 (2.8)
rrrrrrrrrrrrrrrrrrrrrrrrrrrr
Total.................. ............................... .......................... 276.5 (172.0) 103.7 (64.7) 17.9 (11.1) 398.1 (247.8)
--------------------------------------------------------------------------------------------------------------------------------------------------------

We present brief descriptions of all units below. Each unit
contains all the physical or biological features and PCEs identified
above that are essential to the conservation of the species. In
general, stream channels within these units are stable, with ample
pool, glide, riffle, and run habitats (PCE 1) that maintain surface
flows year round (PCE 3) and contain gravel, cobble, and boulder
substrates with low levels of siltation (PCE 2). Such characteristics
are necessary for reproductive, foraging, and sheltering requirements
of Kentucky arrow darters. We consider water quality in each of these
units to be characterized by moderate temperatures, relatively high
dissolved oxygen concentrations, moderate pH, and low levels of
pollutants (PCE 4). These conditions support abundant populations of
aquatic macroinvertebrates that serve as prey items for Kentucky arrow
darters (PCE 5).
More precise definitions are provided in the Regulation
Promulgation section at the end of this final rule.

Unit 1: Buckhorn Creek and Prince Fork, Knott County, Kentucky

Unit 1 is located off Buckhorn Road in the headwaters of the
Buckhorn Creek drainage and between Kentucky Highway 1098 (KY 1098) and
KY 1087. It includes 0.7 skm (0.4 smi) of Prince Fork from its
confluence with Mart Branch downstream to its confluence with Buckhorn
Creek and 0.4 skm (0.3 smi) of Buckhorn Creek from its confluence with
Prince Fork downstream to its confluence with Emory Branch. Live
Kentucky arrow darters have been collected from Unit 1 in Prince Fork
and just upstream of the confluence of Buckhorn Creek and Emory Branch
(ATS 2011, p. 6; Service 2012, pp. 1-4). This unit is located almost
entirely on private land, except for any small amount that is publicly
owned in the form of bridge crossings and road easements. The watershed
surrounding Unit 1 is dominated by forest and remains relatively
undisturbed; however, downstream reaches of Buckhorn Creek have been
degraded by siltation and nonpoint-source pollutants associated with

[[Page 69322]]

surface coal mining, oil and gas exploration, logging, and runoff from
unpaved roads (Service 2012, pp. 1-4).
Within Unit 1, the physical and biological features may require
special management considerations or protection to address potential
adverse effects (e.g., water pollution, siltation) associated with
surface coal mining, logging (timber harvests on private land), natural
gas and oil exploration, construction and maintenance of county roads
(Buckhorn Road), the lack of adequate riparian buffers (near the
confluence with Emory Branch), and off-road vehicle use. These threats
are in addition to random effects of drought, floods, or other natural
phenomena. This unit provides habitat for reproduction and feeding,
helps to maintain the geographical range of the species (adds
population redundancy), and provides opportunity for population growth.

Unit 2: Eli Fork, Knott County, Kentucky

This unit is located in the headwaters of the Buckhorn Creek
drainage between KY 1098 and KY 1087. It includes 1.0 skm (0.6 smi) of
Eli Fork from its confluence with Stonecoal Branch downstream to its
confluence with Boughcamp Branch (of Buckhorn Creek). Live Kentucky
arrow darters have been collected from Unit 2 near the confluence of
Eli Fork and Boughcamp Branch (ATS 2011, p. 6). This unit is located
almost entirely on private land, except for any small amount that is
publicly owned in the form of bridge crossings and road easements. The
watershed surrounding Unit 2 is dominated by forest and remains
relatively undisturbed; however, its receiving stream, Boughcamp
Branch, and adjacent watersheds have been degraded by siltation and
nonpoint-source pollutants associated with surface coal mining and
logging (Service 2012, pp. 1-4).
Within Unit 2, the physical and biological features may require
special management considerations or protection to address potential
adverse effects (e.g., water pollution, siltation) associated with
surface coal mining, logging, natural gas and oil exploration, off-road
vehicle use, and construction and maintenance of county roads. These
threats are in addition to random effects of drought, floods, or other
natural phenomena. This unit provides habitat for reproduction and
feeding, helps to maintain the geographical range of the species (adds
population redundancy), and provides opportunity for population growth.

Unit 3: Coles Fork and Snag Ridge Fork, Breathitt and Knott Counties,
Kentucky

This unit is located entirely within Robinson Forest, a 4,047-
hectare (10,000-acre) research, education, and extension forest in
Breathitt and Knott Counties owned by UK and managed by the Department
of Forestry in the College of Agriculture, Food, and Environment. Unit
3 includes 2.1 skm (1.3 smi) of Snag Ridge Fork from its headwaters
downstream to its confluence with Coles Fork and 8.9 skm (5.5 smi) of
Coles Fork from its confluence with Saddle Branch downstream to its
confluence with Buckhorn Creek. Live Kentucky arrow darters have been
observed throughout Unit 3 (Thomas 2008, p. 5; Service 2012, pp. 1-4),
and Coles Fork continues to be one of the species' best remaining
habitats. This unit is located entirely on lands owned by UK. The
watershed surrounding Unit 3 is intact and densely forested, water
quality conditions are excellent (very close to baseline levels), and
instream habitats are ideal for the species.
Within Unit 3, the physical and biological features may require
special management considerations or protection to address siltation
associated with timber management (on Robinson Forest) and stormwater
runoff from unpaved roads; however, we consider these threats to be
minor as management activities and general use of Robinson Forest over
the last 40 years have been consistent with the maintenance of Kentucky
arrow darter populations in the Clemons Fork watershed. These minor
threats are in addition to random effects of drought, floods, or other
natural phenomena. This unit provides habitat for reproduction and
feeding, represents a stronghold for the species (core population), and
likely contributes to range expansion (source population).

Unit 4: Clemons Fork, Breathitt County, Kentucky

Unit 4 is located along Clemons Fork Road in southeastern Breathitt
County. This unit includes 7.0 skm (4.4 smi) of Clemons Fork from its
confluence with Maple Hollow downstream to its confluence with Buckhorn
Creek. Live Kentucky arrow darters have been observed throughout Unit 4
(Lotrich 1973, p. 380; Thomas 2008, p. 5; Service 2012, pp. 1-4). A
portion of this unit near the mouth of Clemons Fork is privately owned
(0.1 skm (0.1 smi)), but the majority is located on lands owned by UK
(see description for Unit 3). The watershed surrounding Unit 4 is
intact and densely forested, water quality conditions are excellent
(very close to baseline levels), and instream habitats are ideal for
the species. Clemons Fork continues to be one of the species' best
remaining habitats.
Within Unit 4, the physical and biological features may require
special management considerations or protection to address siltation
associated with timber management (on Robinson Forest) and stormwater
runoff from unpaved roads; however, we consider these threats to be
minor as management activities and general use of Robinson Forest over
the last 40 years have been consistent with the maintenance of Kentucky
arrow darter populations in the Clemons Fork watershed. These minor
threats are in addition to random effects of drought, floods, or other
natural phenomena. This unit provides habitat for reproduction and
feeding, represents a stronghold for the species (core population), and
likely contributes to range expansion (source population).

Unit 5: Laurel Fork Quicksand Creek and Tributaries, Knott County,
Kentucky

Unit 5 generally runs parallel to KY 1098 and Laurel Fork Road in
northern Knott County. This unit includes 1.2 skm (0.8 smi) of Fitch
Branch from its headwaters downstream to its confluence with Laurel
Fork Quicksand Creek, 2.7 skm (1.7 smi) of Newman Branch from its
headwaters downstream to its confluence with Laurel Fork Quicksand
Creek, 2.1 skm (1.3 smi) of Combs Branch from its headwaters downstream
to its confluence with Laurel Fork Quicksand Creek, and 13.8 skm (8.6
smi) of Laurel Fork Quicksand Creek from KY 80 downstream to its
confluence with Patten Fork. Live Kentucky arrow darters have been
captured within Unit 5 just upstream of the Laurel Fork and Patten Fork
confluence and farther upstream at the first Laurel Fork Road crossing
(Thomas 2008, p. 5; Service 2012, pp. 1-4). This unit is located almost
entirely on private land, except for any small amount that is publicly
owned in the form of bridge crossings and road easements. Hillsides and
ridgetops above Unit 5 are forested, but the valley is more developed
with scattered residences along Laurel Fork Road.
Within Unit 5, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with logging,
inadequate sewage treatment, surface coal mining, natural gas and oil
exploration activities, inadequate riparian buffers, construction and
maintenance of county

[[Page 69323]]

roads, and off-road vehicle use. These threats are in addition to
random effects of drought, floods, or other natural phenomena. This
unit provides habitat for reproduction and feeding, helps to maintain
the geographical range of the species (adds population redundancy), and
likely serves as a source population within the Quicksand Creek
watershed.

Unit 6: Middle Fork Quicksand Creek and Tributaries, Knott County,
Kentucky

Unit 6 is located along Middle Fork of Quicksand Creek Road in
northeastern Knott County. This unit includes 0.8 skm (0.5 smi) of Big
Firecoal Branch from its headwaters downstream to its confluence with
Middle Fork Quicksand Creek, 2.1 skm (1.3 smi) of Bradley Branch from
its headwaters downstream to its confluence with Middle Fork Quicksand
Creek, 2.0 skm (1.2 smi) of Lynn Log Branch from its headwaters
downstream to its confluence with Middle Fork Quicksand Creek, and 20.3
skm (12.6 smi) of Middle Fork Quicksand Creek from its headwaters
downstream to its confluence with Quicksand Creek. Live Kentucky arrow
darters have been captured within Unit 6 near the confluence of Middle
Fork and Jack Branch, the confluence of Middle Fork and Upper Bear Pen
Branch, and near the confluence of Middle Fork and Quicksand Creek
(Thomas 2008, p. 5; Service 2012, pp. 1-4; Eisenhour pers. comm. 2015).
This unit is located almost entirely on private land, except for any
small amount that is publicly owned in the form of bridge crossings and
road easements. The watershed surrounding Unit 6 is dominated by forest
and continues to be relatively undisturbed. An unpaved road traverses
the length of the unit, but the rough condition of the road limits its
use to off-road vehicles.
Within Unit 6, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with natural gas
and oil exploration activities, logging, surface coal mining,
inadequate riparian buffers, construction and maintenance of county
roads, and off-road vehicle use. These threats are in addition to
random effects of drought, floods, or other natural phenomena. This
unit provides habitat for reproduction and feeding, helps to maintain
the geographical range of the species (adds population redundancy), and
likely serves as a source population within the Quicksand Creek
watershed.

Unit 7: Spring Fork Quicksand Creek, Breathitt County, Kentucky

Unit 7 is located off KY 2465 in southeastern Breathitt County and
includes 2.2 skm (1.4 smi) of Spring Fork Quicksand Creek from its
headwaters downstream to its confluence with an unnamed tributary. Live
Kentucky arrow darters have been captured within Unit 7 (Service
unpublished data). This unit is located almost entirely on private
land, except for any small amount that is publicly owned in the form of
bridge crossings and road easements. Most of the watershed surrounding
Unit 7 is forested, but mine reclamation activities have created open,
pasture-like habitats along ridgetops and slopes to the north.
Within Unit 7, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with surface coal
mining, natural gas and oil exploration activities, logging, and off-
road vehicle use. These threats are in addition to random effects of
drought, floods, or other natural phenomena. This unit provides habitat
for reproduction and feeding, helps to maintain the geographical range
of the species within the Quicksand Creek watershed (adds population
redundancy), and provides opportunity for population growth.

Unit 8: Hunting Creek and Tributaries, Breathitt County, Kentucky

Unit 8 is located along KY 1094 in eastern Breathitt County and
includes 0.9 skm (0.5 smi) of Wolf Pen Branch from its headwaters
downstream to its confluence with Hunting Creek, 2.3 skm (1.4 smi) of
Fletcher Fork from its headwaters downstream to its confluence with
Hunting Creek, 1.6 skm (1.0 smi) of Negro Fork from its headwaters
downstream to its confluence with Hunting Creek, 3.1 skm (1.9 smi) of
Licking Fork from its headwaters downstream to its confluence with
Hunting Creek, and 7.7 skm (4.8 smi) of Hunting Creek from its
confluence with Wells Fork downstream to its confluence with Quicksand
Creek. Live Kentucky arrow darters have been captured within Unit 8
near the confluence with Winnie Branch (Service unpublished data). This
unit is located almost entirely on private land, except for any small
amount that is publicly owned in the form of bridge crossings and road
easements. The narrow valley surrounding Unit 8 contains a few
scattered residences and fields along Hunting Creek Road, but the
majority of the watershed is relatively intact and dominated by forest.
Within Unit 8, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with natural gas
and oil exploration activities, logging, surface coal mining,
inadequate sewage treatment, inadequate riparian buffers, construction
and maintenance of county roads, and off-road vehicle use. These
threats are in addition to random effects of drought, floods, or other
natural phenomena. This unit provides habitat for reproduction and
feeding, helps to maintain the geographical range of the species within
the Quicksand Creek watershed (adds population redundancy), and
provides opportunity for population growth.

Unit 9: Frozen Creek and Tributaries, Breathitt County, Kentucky

Unit 9 is located along KY 378 in northern Breathitt County. This
unit includes 4.7 skm (2.9 smi) of Clear Fork from its headwaters
downstream to its confluence with Frozen Creek, 3.6 skm (2.3 smi) of
Negro Branch from its headwaters downstream to its confluence with
Frozen Creek, 4.2 skm (2.6 smi) of Davis Creek from its headwaters
downstream to its confluence with Frozen Creek, and 13.9 skm (8.6 smi)
of Frozen Creek from its headwaters downstream to its confluence with
Morgue Fork. Live Kentucky arrow darters have been captured within Unit
9 upstream of Rock Lick in the headwaters of Frozen Creek (Thomas 2008,
p. 5; Service unpublished data). This unit is located almost entirely
on private land, except for any small amount that is publicly owned in
the form of bridge crossings and road easements. The individual valleys
surrounding Unit 9 are relatively narrow (approximately 100-160 meters
(m) (328-525 feet (ft)) at their widest) and composed of small farms
and scattered residences. The ridgetops and hillsides are relatively
undisturbed and dominated by forest.
Within Unit 9, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with inadequate
sewage treatment, canopy loss, agricultural runoff, inadequate riparian
buffers, construction and maintenance of county roads, logging, natural
gas and oil exploration activities, surface coal mining (legacy
effects), and off-road vehicle use. These threats are in addition to
random effects of drought,

[[Page 69324]]

floods, or other natural phenomena. This unit provides habitat for
reproduction and feeding, helps to maintain the geographical range of
the species (adds population redundancy), contributes to genetic
exchange between several streams in the Frozen Creek watershed, and
likely serves as an important source population in the northern limits
of the species' range.

Unit 10: Holly Creek and Tributaries, Wolfe County, Kentucky

Unit 10 is located along KY 1261 in southern Wolfe County and
includes 2.8 skm (1.8 smi) of Spring Branch from its headwaters
downstream to its confluence with Holly Creek, 2.0 skm (1.3 smi) of
Pence Branch from its headwaters downstream to its confluence with
Holly Creek, 4.0 skm (2.5 smi) of Cave Branch from its headwaters
downstream to its confluence with Holly Creek, and 9.5 skm (5.9 smi) of
Holly Creek from KY 1261 (first bridge crossing north of KY 15)
downstream to its confluence with the North Fork Kentucky River. Live
Kentucky arrow darters have been captured within Unit 10 near the
confluence of Holly Creek and Spring Branch (Thomas 2008, p. 5). This
unit is located almost entirely on private land, except for any small
amount that is publicly owned in the form of bridge crossings and road
easements.
The valley bottom surrounding Unit 10 is consistently wider
(approximately 320 m (1,050 ft) at its widest) than other occupied
stream valleys (e.g., Frozen Creek), and agricultural land use is more
extensive. Multiple small farms (e.g., pasture, row crops, hayfields)
and residences are scattered along KY 1261, while the ridgetops and
hillsides are dominated by forest. We are not designating critical
habitat in upstream reaches of the drainage (e.g., Kelse Holland Fork,
Mandy Holland Fork, Terrell Fork) because these streams do not contain
the PCEs essential to the species' conservation. Habitat conditions in
these upstream reaches are poor, as characterized by straightened,
incised channels; a lack of canopy cover; and unstable substrates.
Within Unit 10, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with agricultural
runoff, canopy loss, inadequate riparian buffers, construction and
maintenance of county roads, inadequate sewage treatment, logging,
surface coal mining (legacy effects), and off-road vehicle use. These
threats are in addition to random effects of drought, floods, or other
natural phenomena. This unit provides habitat for reproduction and
feeding, helps to maintain the geographical range of the species, and
provides opportunity for population growth.

Unit 11: Little Fork, Lee and Wolfe Counties, Kentucky

This unit is located between KY 2016 and Booth Ridge Road in
southern Wolfe County and includes 3.8 skm (2.3 smi) of Little Fork
from its headwaters downstream to its confluence with Lower Devil
Creek. Live Kentucky arrow darters have been captured within Unit 11
just upstream of the confluence of Little Fork and Lower Devil Creek
(Thomas 2008, p. 5; Service 2012, pp. 1-4). This unit is located almost
entirely on private land, except for any small amount that is publicly
owned in the form of bridge crossings and road easements. The valley
bottom surrounding this unit is densely forested, but a network of
unpaved roads and oil and gas well sites are located along the
ridgetops to the east and west of the stream.
Within Unit 11, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with oil and gas
exploration activities, off-road vehicle use, road runoff, canopy loss,
logging, and surface coal mining (legacy effects). These threats are in
addition to random effects of drought, floods, or other natural
phenomena. This unit provides habitat for reproduction and feeding,
helps to maintain the geographical range of the species (population
redundancy), and provides opportunity for population growth.

Unit 12: Walker Creek and Tributaries, Lee and Wolfe Counties, Kentucky

Unit 12 is located between KY 11 and Shumaker Road to the west and
KY 2016 to the east in northern Lee County and southwestern Wolfe
County. This unit includes 3.9 skm (2.4 smi) of an unnamed tributary of
Walker Creek from its headwaters downstream to its confluence with
Walker Creek, 2.4 skm (1.5 smi) of Cowan Fork from its headwaters
downstream to its confluence with Hell for Certain Creek, 2.0 skm (1.2
smi) of Hell for Certain Creek from the outflow of an unnamed reservoir
downstream to its confluence with Walker Creek, 0.8 skm (0.5 smi) of
Boonesboro Fork from its headwaters downstream to its confluence with
Walker Creek, 2.2 skm (1.4 smi) of Peddler Creek from its headwaters
downstream to its confluence with Walker Creek, 1.1 skm (0.7 smi) of
Huff Cave Branch from its headwaters downstream to its confluence with
Walker Creek, and 12.6 skm (7.8 smi) of Walker Creek from its
headwaters (reservoir) downstream to its confluence with North Fork
Kentucky River. Live Kentucky arrow darters have been captured at
several locations within Unit 12 (Thomas 2008, p. 5; Service 2012, pp.
1-4), including the Old Fincastle Road low-water crossing, a site
upstream near the confluence with Boonesboro Fork, and in the
headwaters just upstream of the confluence of Walker Creek with Hell
For Certain Creek. This unit is located almost entirely on private
land, except for any small amount that is publicly owned in the form of
bridge crossings and road easements.
Land use surrounding this unit is similar to that of Little Fork
(Unit 11) and Hell Creek (Unit 13). The valley bottom is densely
forested, but numerous unpaved roads, oil and gas well sites, and
scattered residences occur along the ridgetops to the east and west of
the stream. A narrow, unmaintained dirt road (Walker Creek Road) runs
parallel to and east of this unit for its entire length; off-road
vehicle use is common.
Within Unit 12, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with oil and gas
exploration activities, off-road vehicle use, road runoff, canopy loss,
and legacy effects of previous oil and gas well development. These
threats are in addition to random effects of drought, floods, or other
natural phenomena. This unit provides habitat for reproduction and
feeding, helps to maintain the geographical range of the species (adds
population redundancy), contributes to genetic exchange between several
streams in the Walker Creek watershed, and likely serves as an
important source population in the northern limits of the species'
range.

Unit 13: Hell Creek and Tributaries, Lee County, Kentucky

Unit 13 is located between KY 11 and Shumaker Road in northern Lee
County. This unit includes 2.3 skm (1.4 smi) of Miller Fork from its
headwaters downstream to its confluence with Hell Creek, 0.7 skm (0.4
smi) of Bowman Fork from its headwaters downstream to its confluence
with Hell Creek, 1.9 skm (1.2 smi) of an unnamed tributary of Hell
Creek from its headwaters downstream to its confluence with Hell Creek,
and 7.1 skm (4.4 smi) of Hell Creek from the outflow of an unnamed

[[Page 69325]]

reservoir downstream to its confluence with North Fork Kentucky River.
Live Kentucky arrow darters have been captured within Unit 13 from the
Hell Creek mainstem near the Hell Creek Road low-water crossing and
from an unnamed triburary of Hell Creek near the Hell Creek Road low-
water crossing (Thomas 2008, p. 5; Service 2012, pp. 1-4). This unit is
located almost entirely on private land, except for any small amount
that is publicly owned in the form of bridge crossings and road
easements.
Land use surrounding this unit is similar to that of Little Fork
(Unit 11) and Walker Creek (Unit 12). The valley bottom surrounding
this unit is forested, but numerous unpaved roads, oil and gas well
sites, and scattered residences occur along the ridgetops to the east
and west of the stream. A narrow, unmaintained dirt road runs parallel
to and east of Unit 13 upstream of the Hell Creek Road crossing; off-
road vehicle use is common.
Within Unit 13, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with oil and gas
exploration activities, off-road vehicle use, road runoff, canopy loss,
and legacy effects of previous oil and gas well development. These
threats are in addition to random effects of drought, floods, or other
natural phenomena. This unit provides habitat for reproduction and
feeding, helps to maintain the geographical range of the species
(population redundancy), and provides opportunity for population
growth.

Unit 14: Big Laurel Creek, Harlan County, Kentucky

Unit 14 is located off KY 221 and Big Laurel Creek Road in northern
Harlan County and includes 9.1 skm (5.7 smi) of Big Laurel Creek from
its confluence with Combs Fork downstream to its confluence with Greasy
Creek. Live Kentucky arrow darters have been captured from this unit
near its confluence with White Oak Branch (Thomas 2008, p. 5; Service
2012, pp. 1-4). This unit is located almost entirely on private land,
except for any small amount that is publicly owned in the form of
bridge crossings and road easements. The valley bottom and hillsides
surrounding Unit 14 are densely forested, but extensive surface coal
mining within the watershed has created clearings along the ridgetops
and has resulted in five valley (hollow) fills that are located within
tributaries of Big Laurel Creek.
Within Unit 14, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with historical
surface coal mining, off-road vehicle use, road runoff, logging, and
canopy loss. These threats are in addition to random effects of
drought, floods, or other natural phenomena. This unit provides habitat
for reproduction and feeding and adds population redundancy at the
southeastern edge of the species' range.

Unit 15: Laurel Creek, Leslie County, Kentucky

Unit 15 is located south of US 421/KY 80 in western Leslie County
and includes 4.1 skm (2.6 smi) of Laurel Creek from its confluence with
Sandlick Branch downstream to its confluence with Left Fork Rockhouse
Creek. A single live Kentucky arrow darter has been captured from this
unit, approximately 0.48 skm (0.3 smi) from the confluence with Left
Fork Rockhouse Creek (Thomas 2013, pers. comm.). A small portion of
this unit is privately owned (0.7 skm (0.5 smi)), but the remainder of
the unit is in Federal ownership (administered by DNBF). Land and
resource management decisions and activities within the DBNF are guided
by DBNF's LRMP (USFS 2004, pp. 1-14). The watershed surrounding Unit 15
is entirely forested, with no private residences or other structures.
Within Unit 15, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with illegal off-
road vehicle use, road runoff, and timber management. These threats are
in addition to random effects of drought, floods, or other natural
phenomena. This unit provides habitat for reproduction and feeding,
adds population redundancy, and provides opportunity for population
growth.

Unit 16: Hell For Certain Creek and Tributaries, Leslie County,
Kentucky

Unit 16 is located off Hell For Certain Road between KY 1482 and KY
257 in northern Leslie County. This unit includes 1.3 skm (0.8 smi) of
Cucumber Branch from its headwaters downstream to its confluence with
Hell For Certain Creek, 3.1 skm (1.9 smi) of Big Fork from its
headwaters downstream to its confluence with Hell For Certain Creek,
and 11.4 skm (7.1 smi) of Hell For Certain Creek from its headwaters
downstream to its confluence with Middle Fork Kentucky River. Live
Kentucky arrow darters have been captured from Unit 16 at multiple
locations upstream of its confluence with Big Fork (Thomas 2008, p. 4;
Service unpublished data). A portion of this unit is in Federal
ownership (administered by DBNF) (4.4 skm (2.8 smi)), but the majority
of the unit is in private ownership. For the portion of the unit in
Federal ownership, land and resource management decisions and
activities within the DBNF are guided by DBNF's LRMP (USFS 2004, pp. 1-
14). The valley bottom surrounding Unit 16 is narrow (approximately 100
m (328 ft) at its widest) and composed of a mixture of small farms
(e.g., pasture, hayfields) and scattered residences along Hell For
Certain Road. The ridgetops and hillsides are relatively undisturbed
and dominated by forest.
Within Unit 16, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
inadequate sewage treatment, inadequate riparian buffers, construction
and maintenance of county roads, agricultural runoff, illegal off-road
vehicle use, logging, and timber management (on DBNF). These threats
are in addition to random effects of drought, floods, or other natural
phenomena. This unit provides habitat for reproduction and feeding,
represents a stronghold for the species within the Middle Fork Kentucky
River sub-basin, and likely acts as a source population. This unit is
also important for maintaining the distribution and genetic diversity
of the species within the Middle Fork sub-basin.

Unit 17: Squabble Creek, Perry County, Kentucky

This unit is located south of KY 28, just downstream of Buckhorn
Lake Dam and near the community of Buckhorn in northwestern Perry
County. Unit 17 includes 12.0 skm (7.5 smi) of Squabble Creek from its
confluence with Long Fork downstream to its confluence with Middle Fork
Kentucky River. Live Kentucky arrow darters have been captured from
this unit near its confluence with Big Branch (Service unpublished
data). This unit is located almost entirely on private land, except for
any small amount that is publicly owned in the form of bridge crossings
and road easements.
The valley surrounding Unit 17 is narrow (approximately 113 m (370
ft) at its widest) and composed of a mixture of residences (many in
clusters) and small farms (e.g., pasture, hayfields) scattered along KY
2022, which parallels Squabble Creek for much of its

[[Page 69326]]

length. Ridgetops and hillsides in most of the Squabble Creek valley
are relatively undisturbed and dominated by forest; however, surface
coal mining has occurred along ridgetops (to the north and south of
Squabble Creek) in the downstream half of the drainage.
Within Unit 17, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
inadequate sewage treatment, agricultural runoff, inadequate riparian
buffers, construction and maintenance of county roads, illegal off-road
vehicle use, logging, and historical surface coal mining. These threats
are in addition to random effects of drought, floods, or other natural
phenomena. This unit provides habitat for reproduction and feeding,
helps to maintain the geographical range of the species, and provides
opportunity for population growth.

Unit 18: Blue Hole Creek and Left Fork Blue Hole Creek, Clay County,
Kentucky

Unit 18 is located along KY 1524 in southeastern Clay County. This
unit includes 1.8 skm (1.1 smi) of Left Fork from its headwaters
downstream to its confluence with Blue Hole Creek and 3.9 skm (2.4 smi)
of Blue Hole Creek from its confluence with Dry Branch downstream to
its confluence with the Red Bird River. Live Kentucky arrow darters
have been captured from Unit 18 near the mouth of Cow Hollow (Thomas
2008, p. 4). This unit is entirely in Federal ownership (administered
by DNBF). Land and resource management decisions and activities within
the DBNF are guided by DBNF's LRMP (USFS 2004, pp. 1-14).
The watershed surrounding Unit 18 is entirely forested, with no
private residences or other structures. The only interruption in the
canopy is the KY 1525 corridor, which traverses most of the valley. One
additional road, Blue Hole School Road, is located at the headwaters of
Blue Hole Creek, leading to a small cemetery site. Blue Hole Creek is 1
of 11 Red Bird River tributaries (Units 18-28) that support Kentucky
arrow populations (Thomas 2008, entire; Service 2012, entire).
Collectively, these streams represent the largest, most significant
cluster of occupied streams and are characterized by intact riparian
zones with negligible residential development, high gradients with
abundant riffles, cool temperatures, low conductivities (less than 100
[micro]S/cm), and stable channels with clean cobble and boulder
substrates (Thomas 2008, p. 4; Service 2014, p. 6).
Within Unit 18, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
illegal off-road vehicle use, and timber management (on DBNF). These
threats are in addition to random effects of drought, floods, or other
natural phenomena. This unit provides habitat for reproduction and
feeding, comprises a portion of the species' core population within the
Red Bird River watershed, and contributes to connectivity of streams
within the watershed.

Unit 19: Upper Bear Creek and Tributaries, Clay County, Kentucky

Unit 19 is located along KY 1524 and Upper Bear Creek Road in
southeastern Clay County. This unit includes 1.5 skm (1.0 smi) of Left
Fork Upper Bear Creek from its headwaters downstream to its confluence
with Upper Bear Creek, 0.8 skm (0.5 smi) of Right Fork Upper Bear Creek
from its headwaters downstream to its confluence with Upper Bear Creek,
and 4.5 skm (2.8 smi) of Upper Bear Creek from its confluence with Left
Fork and Right Fork Upper Bear Creek downstream to its confluence with
the Red Bird River. Live Kentucky arrow darters have been captured from
Unit 19 in two locations downstream of the Left and Right Forks (Thomas
2008, p. 4). A small portion of this unit is privately owned (0.2 skm
(0.1 smi)), but the majority of the unit is in Federal ownership
(administered by DNBF). Land and resource management decisions and
activities within the DBNF are guided by DBNF's LRMP (USFS 2004, pp. 1-
14).
The watershed surrounding Unit 19 is primarily forested, but a few
scattered residences and small farms are located along KY 1524 in the
upstream (western) half of the watershed. Upper Bear Creek is 1 of 11
Red Bird River tributaries (Units 18-28) that support Kentucky arrow
populations (Thomas 2008, entire; Service 2012, entire). See the
description of Unit 18 for more information regarding the
characterization of the streams within this drainage.
Within Unit 19, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
illegal off-road vehicle use, agricultural runoff, and timber
management (on DBNF). These threats are in addition to random effects
of drought, floods, or other natural phenomena. This unit provides
habitat for reproduction and feeding, comprises a portion of the
species' core population within the Red Bird River watershed, and
contributes to connectivity of streams within the watershed.

Unit 20: Katies Creek, Clay County, Kentucky

Unit 20 is located along Katies Creek Road in southeastern Clay
County and includes 5.7 skm (3.5 smi) of Katies Creek from its
confluence with Cave Branch downstream to its confluence with the Red
Bird River. Live Kentucky arrow darters have been captured from this
unit approximately 0.2 skm (0.12 smi) upstream of the mouth of Katies
Creek (Thomas 2008, p. 4). A small portion of this unit is privately
owned (1.7 skm (1 smi)), but the majority of the unit is in Federal
ownership (administered by DNBF). Land and resource management
decisions and activities within the DBNF are guided by DBNF's LRMP
(USFS 2004, pp. 1-14).
The watershed surrounding Unit 20 is entirely forested, with no
private residences or other structures. The only interruption in the
canopy is the Katies Creek Road corridor, which traverses the valley.
Katies Creek is 1 of 11 Red Bird River tributaries (Units 18-28) that
support Kentucky arrow populations (Thomas 2008, entire; Service 2012,
entire). See the description of Unit 18 for more information regarding
the characterization of the streams within this drainage.
Within Unit 20, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
illegal off-road vehicle use, logging (on private land), and timber
management (on DBNF). These threats are in addition to random effects
of drought, floods, or other natural phenomena. This unit provides
habitat for reproduction and feeding, comprises a portion of the
species' core population within the Red Bird River watershed, and
contributes to connectivity of streams within the watershed.

Unit 21: Spring Creek and Little Spring Creek, Clay County, Kentucky

Unit 21 is located west of KY 66 in southeastern Clay County. This
unit includes 1.0 skm (0.6 smi) of Little Spring Creek from its
headwaters downstream to its confluence with Spring Creek and 8.2 skm
(5.1 smi) of Spring Creek from its headwaters downstream to its
confluence with the

[[Page 69327]]

Red Bird River. Live Kentucky arrow darters have been captured within
Unit 21 approximately 0.2 skm (0.1 smi) upstream of the mouth of Spring
Creek (Thomas 2008, p. 4). A portion of this unit is privately owned
(3.6 skm (2.2 smi)), but the majority of the unit is in Federal
ownership (administered by DNBF). Land and resource management
decisions and activities within the DBNF are guided by DBNF's LRMP
(USFS 2004, pp. 1-14).
The watershed surrounding Unit 21 is relatively undisturbed and
dominated by forest; however, a few scattered residences are located
along a short segment (approximately 0.8 skm (0.5 smi)) of Lower Spring
Creek Road near its junction with KY 66 and along Sand Hill Road and
Spring Creek Road at the western (upstream) end of the drainage. The
stream corridor between these two areas, an approximate 6.4-skm (4-smi)
segment, is inaccessible except by off-road vehicle. About 10 oil wells
are located along ridgetops and hillsides near the mouth of Spring
Creek, and these sites are connected by a network of unpaved roads.
Spring Creek is 1 of 11 Red Bird River tributaries (Units 18-28) that
support Kentucky arrow populations (Thomas 2008, entire; Service 2012,
entire). See the description of Unit 18 for more information regarding
the characterization of the streams within this drainage.
Within Unit 21, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
off-road vehicle use, inadequate sewage treatment, logging (on private
land), timber management (on DBNF), and oil and gas exploration
activities. These threats are in addition to random effects of drought,
floods, or other natural phenomena. This unit provides habitat for
reproduction and feeding, comprises a portion of the species' core
population within the Red Bird River watershed, and contributes to
connectivity of streams within the watershed.

Unit 22: Bowen Creek and Tributaries, Leslie County, Kentucky

Unit 22 is located east of KY 66 and adjacent to Bowen Creek Road
in western Leslie County. This unit includes 2.2 skm (1.4 smi) of
Laurel Fork from its headwaters downstream to its confluence with Bowen
Creek, 1.8 skm (1.1 smi) of Amy Branch from its headwaters downstream
to its confluence with Bowen Creek, and 9.6 skm (6.0 smi) of Bowen
Creek from its headwaters downstream to the Red Bird River. Live
Kentucky arrow darters have been captured from Unit 22 near its
confluence with Blevins Branch and Hurricane Branch (Service
unpublished data). A portion of this unit is privately owned (2.0 skm
(1.2 smi)), but the majority of the unit is in Federal ownership
(administered by DNBF). Land and resource management decisions and
activities within the DBNF are guided by DBNF's LRMP (USFS 2004, pp. 1-
14).
The watershed surrounding this unit is relatively undisturbed and
dominated by forest. A few scattered residences are located along Bowen
Creek Road near the mid-point of the valley, and others are located
further upstream along KY 406. Bowen Creek is 1 of 11 Red Bird River
tributaries (Units 18-28) that support Kentucky arrow darter
populations (Thomas 2008, entire; Service 2012, entire). See the
description of Unit 18 for more information regarding the
characterization of the streams within this drainage.
Within Unit 22, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
illegal off-road vehicle use, inadequate sewage treatment, logging (on
private land), and timber management (on DBNF). These threats are in
addition to random effects of drought, floods, or other natural
phenomena. This unit provides habitat for reproduction and feeding,
comprises a portion of the species' core population within the Red Bird
River watershed, and contributes to connectivity of streams within the
watershed.

Unit 23: Elisha Creek and Tributaries, Leslie County, Kentucky

Unit 23 is located east of KY 66 and adjacent to Elisha Creek Road
in western Leslie County. This unit includes 4.4 skm (2.7 smi) of Right
Fork Elisha Creek from its headwaters downstream to its confluence with
Elisha Creek, 2.3 skm (1.4 smi) of Left Fork Elisha Creek from its
headwaters downstream to its confluence with Elisha Creek, and 2.9 skm
(1.8 smi) of Elisha Creek from its confluence with Right Fork Elisha
Creek downstream to its confluence with the Red Bird River. Live
Kentucky arrow darters have been captured throughout Unit 23 (Service
unpublished data). A portion of this unit is privately owned (3.0 skm
(1.9 smi)), but the majority of the unit is in Federal ownership
(administered by DNBF). Land and resource management decisions and
activities within the DBNF are guided by DBNF's LRMP (USFS 2004, pp. 1-
14).
The watershed surrounding Unit 23 is relatively undisturbed and
dominated by forest. A few scattered residences are located along
Elisha Creek Road at the downstream end of the Elisha Creek valley
(near the mouth of Elisha Creek). A few oil and gas wells are scattered
throughout the drainage. Elisha Creek is 1 of 11 Red Bird River
tributaries (Units 18-28) that support Kentucky arrow populations
(Thomas 2008, entire; Service 2012, entire). See the description of
Unit 18 for more information regarding the characterization of the
streams within this drainage.
Within Unit 23, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
illegal off-road vehicle use, logging (on private land), timber
management (on DBNF), inadequate sewage treatment, and natural gas and
oil exploration activities. These threats are in addition to random
effects of drought, floods, or other natural phenomena. This unit
provides habitat for reproduction and feeding, comprises a portion of
the species' core population within the Red Bird River watershed, and
contributes to connectivity of streams within the watershed.

Unit 24: Gilberts Big Creek, Clay and Leslie Counties, Kentucky

Unit 24 is located east of KY 66 and generally parallel to Gilberts
Creek Road in southeastern Clay County and western Leslie County. This
unit includes 7.2 skm (4.5 smi) of Gilberts Big Creek from its
headwaters downstream to its confluence with the Red Bird River. Live
Kentucky arrow darters have been captured throughout this unit. A
portion of this unit is privately owned (2.0 skm (1.2 smi)), but the
majority of the unit is in Federal ownership (administered by DNBF).
Land and resource management decisions and activities within the DBNF
are guided by DBNF's LRMP (USFS 2004, pp. 1-14).
The watershed surrounding Unit 24 is relatively undisturbed and
dominated by forest. A few scattered residences and small farms are
located along Gilberts Creek Road at the downstream end of the valley
near the mouth of Gilberts Big Creek. Several gas and oil wells are
also scattered throughout the valley. Gilberts Big Creek is 1 of 11 Red
Bird River tributaries (Units 18-28) that support Kentucky arrow darter
populations (Thomas 2008, entire;

[[Page 69328]]

Service 2012, entire). See the description of Unit 18 for more
information regarding the characterization of the streams within this
drainage.
Within Unit 24, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
off-road vehicle use, logging (on private land), timber management (on
DBNF), inadequate sewage treatment, agricultural runoff, and natural
gas and oil exploration activities. These threats are in addition to
random effects of drought, floods, or other natural phenomena. This
unit provides habitat for reproduction and feeding, comprises a portion
of the species' core population within the Red Bird River watershed,
and contributes to connectivity of streams within the watershed.

Unit 25: Sugar Creek, Clay and Leslie Counties, Kentucky

Unit 25 is located off Sugar Creek Road in southeastern Clay County
and western Leslie County and includes 7.2 skm (4.5 smi) of Sugar Creek
from its headwaters downstream to its confluence with the Red Bird
River. Live Kentucky arrow darters have been captured throughout this
unit (Thomas 2008, p. 4; Thomas et al. 2014, p. 23). A portion of this
unit is privately owned (1.1 skm (0.7 smi)), but the majority of the
unit is in Federal ownership (administered by DNBF). Land and resource
management decisions and activities within the DBNF are guided by
DBNF's LRMP (USFS 2004, pp. 1-14).
The watershed surrounding Unit 25 is relatively undisturbed and
dominated by forest. A few scattered residences and small farms are
located along Sugar Creek Road at the downstream end of the valley near
the mouth of Sugar Creek. Several gas and oil wells are also scattered
throughout the valley. Sugar Creek is 1 of 11 Red Bird River
tributaries (Units 18-28) that support Kentucky arrow darter
populations (Thomas 2008, entire; Service 2012, entire). See the
description of Unit 18 for more information regarding the
characterization of the streams within this drainage.
Within Unit 25, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
off-road vehicle use, logging (on private land), timber management (on
DBNF), inadequate sewage treatment, agricultural runoff, and natural
gas and oil exploration activities. These threats are in addition to
random effects of drought, floods, or other natural phenomena. This
unit provides habitat for reproduction and feeding, comprises a portion
of the species' core population within the Red Bird River watershed,
and contributes to connectivity of streams within the watershed.

Unit 26: Big Double Creek and Tributaries, Clay County, Kentucky

Unit 26 is located adjacent to Big Double Creek Road in
southeastern Clay County. This unit includes 1.4 skm (0.9 smi) of Left
Fork Big Double Creek from its headwaters downstream to its confluence
with Big Double Creek, 1.8 skm (1.1 smi) of Right Fork Big Double Creek
from its headwaters downstream to its confluence with Big Double Creek,
and 7.1 skm (4.4 smi) of Big Double Creek from its headwaters
downstream to its confluence with the Red Bird River. Live Kentucky
arrow darters have been captured from numerous localities in Unit 26,
which has been surveyed regularly by KDFWR and Service personnel
(Thomas 2008, p. 4; Thomas et al. 2014, p. 23; Service unpublished
data). This unit is entirely in Federal ownership (administered by
DNBF). Land and resource management decisions and activities within the
DBNF are guided by DBNF's LRMP (USFS 2004, pp. 1-14).
The watershed surrounding Unit 26 is relatively undisturbed and
dominated by forest, with about 90 percent in Federal ownership
(administered by DBNF). The only residential development is
concentrated along Arnett Fork Road, which parallels Arnett Fork, a
first order tributary of Big Double Creek. A USFS public use area (Big
Double Creek Recreational Area) is located adjacent to Unit 26,
approximately 1.6 skm (1.0 smi) upstream of Arnett Fork. This area
consists of a gravel road and parking lot, a bathroom facility, several
picnic tables, and two maintained fields connected by a pedestrian
bridge over Big Double Creek. Upstream of the public use area, Big
Double Creek can be accessed via USFS Road 1501, which extends upstream
to the confluence of the Left and Right Forks. Big Double Creek is 1 of
11 Red Bird River tributaries (Units 18-28) that support Kentucky arrow
darter populations (Thomas 2008, entire; Service 2012, entire). See the
description of Unit 18 for more information regarding the
characterization of the streams within this drainage.
Within Unit 26, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation) associated with road runoff, off-road vehicle
use, and timber management (on DBNF). These threats are in addition to
random effects of drought, floods, or other natural phenomena. This
unit provides habitat for reproduction and feeding, comprises a portion
of the species' core population within the Red Bird River watershed,
and contributes to connectivity of streams within the watershed.

Unit 27: Little Double Creek, Clay County, Kentucky

Unit 27 is located adjacent to Little Double Creek Road in
southeastern Clay County. This unit includes 3.4 skm (2.1 smi) of
Little Double Creek from its headwaters downstream to its confluence
with the Red Bird River. Live Kentucky arrow darters have been captured
from two localities in Unit 27 (Thomas 2008, p. 4; Service unpublished
data). One hundred percent of this unit is in Federal ownership
(administered by DBNF), and the DBNF's Redbird Ranger District
headquarters is located off KY 66 at the mouth of Little Double Creek.
Land and resource management decisions and activities within the DBNF
are guided by DBNF's LRMP (USFS 2004, pp. 1-14).
The watershed surrounding Unit 27 is entirely forested, with no
private residences or other structures. The only interruption in the
canopy of the watershed is the Little Double Creek Road corridor, which
traverses the length of the valley. Little Double Creek is 1 of 11 Red
Bird River tributaries (Units 18-28) that support Kentucky arrow darter
populations (Thomas 2008, entire; Service 2012, entire). See the
description of Unit 18 for more information regarding the
characterization of the streams within this drainage.
Within Unit 27, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation) associated with road runoff, illegal off-road
vehicle use, and timber management (on DBNF). These threats are in
addition to random effects of drought, floods, or other natural
phenomena. This unit provides habitat for reproduction and feeding,
comprises a portion of the species' core population within the Red Bird
River watershed, and contributes to connectivity of streams within the
watershed.

[[Page 69329]]

Unit 28: Jacks Creek, Clay County, Kentucky

This unit is located along Jacks Creek Road, north of Hal Rogers
Parkway and east of KY 66 in eastern Clay County. Unit 28 includes 5.9
skm (3.7 smi) of Jacks Creek from its headwaters downstream to its
confluence with the Red Bird River. Live Kentucky arrow darters have
been captured from Unit 28 just downstream of the Crib Branch
confluence (Service 2012, entire). A small portion of this unit is in
Federal ownership (0.5 skm (0.3 smi)), but the majority of the unit is
privately owned. For the portion of the unit in Federal ownership
(administered by DBNF), land and resource management decisions and
activities within the DBNF are guided by DBNF's LRMP (USFS 2004, pp. 1-
14).
The valley bottom surrounding Unit 28 is composed of a mixture of
residences (many in clusters) and small farms (e.g., pasture,
hayfields) scattered along Jacks Creek Road, which parallels Jacks
Creek for most of its length. Ridgetops and hillsides in most of the
valley are relatively undisturbed and dominated by forest. Jacks Creek
is 1 of 11 Red Bird River tributaries (Units 18-28) that support
Kentucky arrow darter populations (Thomas 2008, entire; Service 2012,
entire). See the description of Unit 18 for more information regarding
the characterization of the streams within this drainage.
Within Unit 28, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
inadequate sewage treatment, agricultural runoff, inadequate riparian
buffers, construction and maintenance of county roads, illegal off-road
vehicle use, logging (on private land), and timber management (on
DBNF). These threats are in addition to random effects of drought,
floods, or other natural phenomena. This unit provides habitat for
reproduction and feeding, comprises a portion of the species' core
population within the Red Bird River watershed, and contributes to
connectivity of streams within the watershed.

Unit 29: Long Fork, Clay County, Kentucky

Unit 29 is located along USFS Road 1633, which is west of KY 149
and the Hal Rogers Parkway in eastern Clay County. Unit 29 includes 2.2
skm (1.4 smi) of Long Fork from its headwaters downstream to its
confluence with Hector Branch. Live Kentucky arrow darters have been
captured throughout Unit 29 as a result of a reintroduction effort by
KDFWR and Conservation Fisheries, Inc. (CFI) of Knoxville, Tennessee
(Thomas et al. 2014, p. 23) (see Available Conservation Measures
section of our final listing rule published elsewhere in this Federal
Register). One hundred percent of this unit is in Federal ownership
(administered by DBNF). Land and resource management decisions and
activities within the DBNF are guided by DBNF's LRMP (USFS 2004, pp. 1-
14).
The watershed surrounding Unit 29 is entirely forested, with no
private residences or other structures. The only minor interruption in
the canopy of the watershed is the USFS Road 1633 corridor, which
parallels Long Fork for part of its length. Habitats in Long Fork are
similar to other occupied streams (Units 18-28) in the Red Bird River
drainage. See the description of Unit 18 for more information regarding
the characterization of the streams within the Red Bird drainage.
Within Unit 29, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation) associated with road runoff, illegal off-road
vehicle use, and timber management (on DBNF). These threats are in
addition to random effects of drought, floods, or other natural
phenomena. This unit provides habitat for reproduction and feeding,
comprises a portion of the species' core population within the Red Bird
River watershed, and contributes to connectivity of streams within the
watershed.

Unit 30: Horse Creek, Clay County, Kentucky

Unit 30 is located adjacent to Reynolds Road and Elijah Feltner
Road in southwestern Clay County. It includes 5.0 skm (3.1 smi) of
Horse Creek from its headwaters downstream to its confluence with
Pigeon Roost Branch. Live Kentucky arrow darters have been captured
within this unit approximately 1.9 skm (1.2 smi) downstream of the
confluence of Horse Creek and Tuttle Branch (Service unpublished data).
A portion of Unit 30 is in Federal ownership (2.0 skm (1.2 smi)), but
the majority of the unit is privately owned. For the portion of the
basin in Federal ownership (administered by DBNF), land and resource
management decisions and activities within the DBNF are guided by
DBNF's LRMP (USFS 2004, pp. 1-14). The valley bottom surrounding Unit
30 is composed of a mixture of forest, small farms, and residences.
Ridgetops and hillsides in most of the valley are relatively
undisturbed and dominated by forest.
Within Unit 30, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
agricultural runoff, inadequate sewage treatment, lack of riparian
buffers, construction and maintenance of county roads, illegal off-road
vehicle use, and logging on private land and timber management on DBNF.
These threats are in addition to random effects of drought, floods, or
other natural phenomena. This unit provides habitat for reproduction
and feeding, helps to maintain the geographical range of the species,
and represents the only occupied habitat within the Goose Creek
watershed.

Unit 31: Bullskin Creek, Clay and Leslie Counties, Kentucky

Unit 31 is located along KY 1482, east of the town of Oneida,
Kentucky, in eastern Clay County and northwestern Leslie County. It
includes 21.7 skm (13.5 smi) of Bullskin Creek from its confluence with
Old House Branch downstream to its confluence with the South Fork
Kentucky River. Live Kentucky arrow darters have been captured from
Unit 31 at the confluence of Long Branch and just upstream of the
confluence of Barger Branch (Thomas 2008, p. 4; Service 2012, entire).
A small portion of this unit is in Federal ownership (0.4 skm (0.2
smi)), but the majority of the unit is privately owned. For the portion
of the basin in Federal ownership (administered by DBNF), land and
resource management decisions and activities within the DBNF are guided
by DBNF's LRMP (USFS 2004, pp. 1-14).
The valley bottom surrounding Unit 31 is composed of a mixture of
residences (many in clusters) and small farms (e.g., pasture,
hayfields) scattered along KY 1482, which parallels Bullskin Creek for
its entire length. Ridgetops and hillsides in most of the valley are
relatively undisturbed and dominated by forest, but a few watersheds
show signs of active or recent disturbance. Surface coal mining is
currently ongoing in the watersheds of Wiles Branch (Permit #826-0649),
Barger Branch (Permit #826-0664), and a few unnamed tributaries of
Bullskin Creek (Permit #826-0664). Recent logging activities have
occurred in the watershed of Panco Branch.
Within Unit 31, the physical and biological features may require
special management considerations or protection to address adverse
effects

[[Page 69330]]

(e.g., siltation, water pollution) associated with road runoff, surface
coal mining, inadequate sewage treatment, agricultural runoff, lack of
riparian buffers, construction and maintenance of county roads, illegal
off-road vehicle use, and logging. These threats are in addition to
random effects of drought, floods, or other natural phenomena. This
unit provides habitat for reproduction and feeding, helps to maintain
the geographical range of the species, and provides opportunity for
population growth.

Unit 32: Buffalo Creek and Tributaries, Owsley County, Kentucky

Unit 32 is located north of Oneida, Kentucky, and east of KY 11 in
southeastern Owsley County. This unit includes 2.0 skm (1.2 smi) of
Cortland Fork from its headwaters downstream to its confluence with
Laurel Fork, 6.4 skm (4.0 smi) of Laurel Fork from its headwaters
downstream to its confluence with Left Fork Buffalo Creek, 4.6 skm (2.9
smi) of Lucky Fork from its headwaters downstream to its confluence
with Left Fork Buffalo Crfeek, 5.1 skm (3.2 smi) of Left Fork Buffalo
Creek from its headwaters downstream to its confluence with Buffalo
Creek, 17.3 skm (10.8 smi) of Right Fork Buffalo Creek from its
headwaters downstream to its confluence with Buffalo Creek, and 2.7 skm
(1.7 smi) of Buffalo Creek from its confluence with Left Fork Buffalo
Creek, and Right Fork Buffalo Creek downstream to its confluence with
the South Fork Kentucky River. Live Kentucky arrow darters have been
captured from multiple locations throughout Unit 32 (Thomas 2008, p. 4;
Service 2012, entire). A portion of this unit is in Federal ownership
(administered by DBNF) (14.9 skm (9.3 smi)), but the majority of the
unit is in private ownership. For the portion in Federal ownership,
land and resource management decisions and activities are guided by
DBNF's LRMP (USFS 2004, pp. 1-14).
Ridgetops and hillsides in most of the valley surrounding Unit 32
are relatively undisturbed and dominated by forest, but portions of the
valley bottom surrounding Unit 32 have been cleared and consist of a
mixture of residences (many in clusters) and small farms (e.g.,
pasture, hayfields, row crops) scattered along roadways. Surface coal
mining has been conducted recently or is currently ongoing in the
headwaters of Left Fork Buffalo Creek, specifically Stamper Branch of
Lucky Fork (Permit #895-0175), Cortland Fork of Laurel Fork (Permit
#813-0271), and Joyce Fork of Laurel Fork (Permit #895-0175).
Within Unit 32, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
surface coal mining, inadequate sewage treatment, inadequate riparian
buffers, agricultural runoff, construction and maintenance of roads,
illegal off-road vehicle use, logging (on private land), and timber
management (on DBNF). These threats are in addition to random effects
of drought, floods, or other natural phenomena. This unit provides
habitat for reproduction and feeding, represents a stronghold for the
species within the lower half of the South Fork Kentucky River sub-
basin, and likely acts as a source population.

Unit 33: Lower Buffalo Creek, Lee and Owsley Counties, Kentucky

Unit 33 is located along KY 1411 and Straight Fork-Zeke Branch Road
in southern Lee and northern Owsley Counties. This unit includes 2.2
skm (1.4 smi) of Straight Fork from its headwaters downstream to its
confluence with Lower Buffalo Creek and 5.1 skm (3.2 smi) of Lower
Buffalo Creek from its confluence with Straight Fork downstream to its
confluence with the South Fork Kentucky River. Live Kentucky arrow
darters have been captured within Unit 33 at the confluence of Lower
Buffalo Creek and Straight Fork (Thomas 2008, p. 4). This unit is
located almost entirely on private land, except for any small amount
that is publicly owned in the form of bridge crossings and road
easements.
Ridgetops and hillsides in most of the valley surrounding Unit 33
are relatively undisturbed and dominated by forest, but large portions
of the valley bottom surrounding Unit 33 have been cleared and consist
of a mixture of residences (many in clusters) and small farms (e.g.,
pasture, hayfields, row crops). Extensive logging has occurred recently
(within the last 7 years) within Jerushia Branch, a first-order
tributary of Lower Buffalo Creek.
Within this unit, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
construction and maintenance of roads, inadequate sewage treatment,
inadequate riparian buffers, agricultural runoff, illegal off-road
vehicle use, and logging. These threats are in addition to random
effects of drought, floods, or other natural phenomena. This unit
provides habitat for reproduction and feeding, helps to maintain the
geographical range of the species, and provides opportunity for
population growth.

Unit 34: Silver Creek, Lee County, Kentucky

Unit 34 is located along along Silver Creek Road, partially within
the city limits of Beattyville in central Lee County. This unit
includes 6.2 skm (3.9 smi) of Silver Creek from its headwaters
downstream to its confluence with the Kentucky River. Live Kentucky
arrow darters have been captured within Unit 34 approximately 1.4 skm
(0.9 smi) upstream of the mouth of Silver Creek (Thomas 2008, p. 5).
This unit is located almost entirely on private land, except for any
small amount that is publicly owned in the form of bridge crossings and
road easements.
The valley surrounding Unit 34 is unusual among occupied watersheds
because it is not located in a rural area. The mouth of Silver Creek
(downstream terminus of Unit 34) is located within the city limits of
Beattyville, and the downstream half of the watershed is moderately
developed, with numerous residences along Silver Creek Road. The
upstream half of the watershed is less developed and dominated by
forest.
Within this unit, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
construction and maintenance of roads, inadequate sewage treatment,
inadequate riparian buffers, and illegal off-road vehicle use. These
threats are in addition to random effects of drought, floods, or other
natural phenomena. This unit provides habitat for reproduction and
feeding, helps to maintain the geographical range of the species, and
provides opportunity for population growth.

Unit 35: Travis Creek, Jackson County, Kentucky

Unit 35 is located along Travis Creek Road in eastern Jackson
County. This unit includes 4.1 skm (2.5 smi) of Travis Creek from its
headwaters downstream to its confluence with Hector Branch. Live
Kentucky arrow darters have been captured within Unit 35 approximately
1.8 skm (1.1 smi) upstream of the mouth of Travis Creek. This unit is
located almost entirely on private land, except for any small amount
that is publicly owned in the form of bridge crossings and road
easements. A few agricultural fields are located near the mouth of
Travis Creek, but most of the watershed

[[Page 69331]]

surrounding Unit 35 is forested, with no private residences or other
structures. Some of the forest is early successional due to recent
logging in the watershed.
Within Unit 35, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
off-road vehicle use, inadequate riparian buffers, construction and
maintenance of county roads, agricultural runoff, and logging. These
threats are in addition to random effects of drought, floods, or other
natural phenomena. This unit provides habitat for reproduction and
feeding, increases population redundancy within the species' range, and
provides the opportunity for population growth at the western extent of
the species' range.

Unit 36: Wild Dog Creek, Jackson and Owsley Counties, Kentucky

Unit 36 is located west of Sturgeon Creek in eastern Jackson and
northwestern Owsley Counties. This unit includes 8.1 skm (5.1 smi) of
Wild Dog Creek from its headwaters downstream to its confluence with
Sturgeon Creek. Live Kentucky arrow darters have been captured within
Unit 36 just upstream of the mouth of Wild Dog Creek. A portion of this
unit is in Federal ownership (3.8 skm (2.4 smi)), but the majority of
the unit is in private ownership. For the portion of the unit in
Federal ownership (administered by DBNF), land and resource management
decisions and activities are guided by DBNF's LRMP (USFS 2004, pp. 1-
14). The watershed surrounding Unit 36 is relatively undisturbed and
dominated by forest, but a few scattered residences and small farms
occur in the headwaters just east of KY 587.
Within Unit 36, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
construction and maintenance of roads, illegal off-road vehicle use,
inadequate riparian buffers, agricultural runoff, logging (on private
land), timber management (on DBNF), and inadequate sewage treatment.
These threats are in addition to random effects of drought, floods, or
other natural phenomena. This unit provides habitat for reproduction
and feeding, increases population redundancy within the species' range,
and provides the opportunity for population growth at the western
extent of the species' range.

Unit 37: Granny Dismal Creek, Lee and Owsley Counties, Kentucky

Unit 37 is located west of Sturgeon Creek in western Lee and
eastern Owsley Counties. This unit includes 6.9 skm (4.3 smi) of Granny
Dismal Creek from its confluence with Harris Branch downstream to its
confluence with Sturgeon Creek. Live Kentucky arrow darters have been
captured within Unit 37 approximately 1.1 skm (0.7 smi) upstream of the
mouth of Granny Dismal Creek. A portion (2.5 skm (1.6 smi)) of this
unit is in Federal ownership (administered by DBNF), but the majority
of the unit is privately owned. Land and resource management decisions
and activities within the DBNF are guided by DBNF's LRMP (USFS 2004,
pp. 1-14). The watershed surrounding Unit 37 is relatively undisturbed
and dominated by forest, but a few scattered residences and small farms
occur in the headwaters just east of KY 587.
Within Unit 37, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
construction and maintenance of roads, illegal off-road vehicle use,
inadequate riparian buffers, agricultural runoff, logging (on private
land), timber management (on DBNF), and inadequate sewage treatment.
These threats are in addition to random effects of drought, floods, or
other natural phenomena. This unit provides habitat for reproduction
and feeding, increases population redundancy within the species' range,
and provides the opportunity for population growth at the western
extent of the species' range.

Unit 38: Rockbridge Fork, Wolfe County, Kentucky

Unit 38 is located within the Red River Gorge region in
northwestern Wolfe County and represents the only occupied habitat
within the Red River drainage. This unit includes 4.5 skm (2.8 smi) of
Rockbridge Fork from its confluence with Harris Branch downstream to
its confluence with Sturgeon Creek. Live Kentucky arrow darters have
been captured within Unit 38 approximately 0.2 skm (0.1 smi) upstream
of the mouth of Rockbridge Fork. This unit is entirely in Federal
ownership (administered by DBNF). Land and resource management
decisions and activities within the DBNF are guided by DBNF's LRMP
(USFS 2004, pp. 1-14). The watershed surrounding Unit 38 is relatively
undisturbed and dominated by forest, but a few scattered residences and
small farms occur in the headwaters of Rockbridge Fork near the
Mountain Parkway (KY 402).
Within Unit 38, the physical and biological features may require
special management considerations or protection to address adverse
effects (e.g., siltation, water pollution) associated with road runoff,
illegal off-road vehicle use, agricultural runoff, timber management
(on DBNF), and inadequate sewage treatment. These threats are in
addition to random effects of drought, floods, or other natural
phenomena. This unit provides habitat for reproduction and feeding,
increases population redundancy within the species' range, and provides
the opportunity for population growth at the western extent of the
species' range.

Effects of Critical Habitat Designation

Section 7 Consultation

Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that any action they fund, authorize, or carry out
is not likely to jeopardize the continued existence of any endangered
species or threatened species or result in the destruction or adverse
modification of designated critical habitat of such species. In
addition, section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any agency action that is likely to
jeopardize the continued existence of any species proposed to be listed
under the Act or result in the destruction or adverse modification of
proposed critical habitat.
We published a final rule that sets forth a new definition of
``destruction or adverse modification'' on February 11, 2016 (81 FR
7214); that final rule became effective on March 14, 2016.
``Destruction or adverse modification'' means a direct or indirect
alteration that appreciably diminishes the value of critical habitat
for the conservation of a listed species. Such alterations may include,
but are not limited to, those that alter the physical or biological
features essential to the conservation of a species or that preclude or
significantly delay development of such features.
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

[[Page 69332]]

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 and
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 Kentucky arrow darter.
Such alterations may include, but are not limited to, those that alter
the physical or biological features essential to the conservation of
this subspecies or that preclude or significantly delay development of
such features. 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 Kentucky arrow darter. These activities include,
but are not limited to:
(1) Actions that would alter the geomorphology of stream habitats.
Such activities could include, but are not limited to, instream
excavation or dredging, impoundment, channelization, road and bridge
construction, surface coal mining, and discharge of fill materials.
These activities could cause aggradation or degradation of the channel
bed elevation or significant bank erosion that would degrade or
eliminate habitats necessary for growth and reproduction of the
Kentucky arrow darter.
(2) Actions that would significantly alter the existing flow regime
or water quantity. Such activities could include, but are not limited
to, impoundment, water diversion, water withdrawal, and hydropower
generation. These activities could eliminate or reduce the habitat
necessary for growth and reproduction of this species.
(3) Actions that would significantly alter water quality (for
example, temperature, pH, contaminants, and excess nutrients). Such
activities could include, but are not limited to, the release of
chemicals, biological pollutants, or heated effluents into surface
water or connected groundwater at a point source or by dispersed
release (non-point source). These activities could alter water
conditions to levels that are beyond the tolerances of the Kentucky
arrow darter (e.g., elevated conductivity) and result in direct or
cumulative adverse effects to the species and its life cycle.
(4) Actions that would significantly alter stream bed material
composition and quality by increasing sediment deposition or
filamentous algal growth. Such activities could include, but are not
limited to, construction projects, channel alteration, livestock
grazing, timber harvests, off-road vehicle use, and other watershed and
floodplain disturbances that release sediments or nutrients into the
water. These activities could eliminate or degrade habitats necessary
for the growth and reproduction of the Kentucky arrow darter by
increasing the sediment deposition to levels that would adversely
affect its ability to complete its life cycle.

Exemptions

Application of Section 4(a)(3) of the Act

Section 4(a)(3)(B)(i) of the Act provides that: ``The Secretary
shall not designate as critical habitat any lands or other geographical
areas owned or controlled by the Department of Defense, or designated
for its use, that are subject to an integrated natural resources
management plan [INRMP] prepared under section 101 of the Sikes Act (16
U.S.C. 670a), if the Secretary determines in writing that such plan
provides a benefit to the species for which critical habitat is
proposed for designation.'' There are no Department of Defense lands
with a completed INRMP within the critical habitat designation.

Consideration of Impacts Under Section 4(b)(2) of the Act

Section 4(b)(2) of the Act states that the Secretary shall
designate and make revisions to critical habitat on the basis of the
best available scientific data after taking into consideration the
economic impact, national security impact, and any other relevant
impact of specifying any particular area as critical habitat.

[[Page 69333]]

The Secretary may exclude an area from critical habitat if she
determines that the benefits of such exclusion outweigh the benefits of
specifying such area as part of the critical habitat, unless she
determines, based on the best scientific data available, that the
failure to designate such area as critical habitat will result in the
extinction of the species. In making that determination, the statute on
its face, as well as the legislative history, are clear that the
Secretary has broad discretion regarding which factor(s) to use and how
much weight to give to any factor.

Consideration of Economic Impacts

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 prepared an incremental effects
memorandum (IEM) and screening analysis which, together with our
narrative and interpretation of effects, constitutes our draft economic
analysis (DEA) of the proposed critical habitat designation and related
factors (Abt Associates 2015). The analysis, dated September 11, 2015,
was made available for public review from October 8, 2015, through
December 7, 2015 (80 FR 61030, October 8, 2015). Following the close of
the comment period, we reviewed and evaluated all information submitted
during the comment period that may pertain to our consideration of the
probable incremental economic impacts of this critical habitat
designation. Additional information relevant to the probable
incremental economic impacts of critical habitat designation for the
Kentucky arrow darter was summarized in the proposed critical habitat
designation (80 FR 61030, October 8, 2015) and is also available in the
screening analysis for the Kentucky arrow darter (Abt Associates 2015,
entire), available at http://www.regulations.gov in Docket No. FWS-R4-
ES-2015-0133.
The 2.7-km (1.7-mi) extension of Unit 6 was not evaluated in our
original screeing analysis (Abt Associates 2015, entire), so we
completed a review of the probable economic impacts associated with
this area. Land use within this reach is similar to the rest of Unit 6
that was evaluated in our screening analysis (Abt Associates 2015,
entire). Land ownership is almost entirely private, except for a small
amount that is publicly owned in the form of bridge crossings and road
easements. The watershed surrounding this area is dominated by forest,
with a few scattered residences, hayfields, and gas wells. Based on our
analysis, significant economic impacts are not expected in this portion
of Unit 6. Any section 7-related incremental impacts of the designation
will be limited to administrative costs only. With respect to indirect
impacts, this critical habitat designation is unlikely to trigger other
regulatory requirements or economic impacts outside of the ESA. That
is, the rule is not expected to result in additional or different State
or local regulations or permitting and land use management practices.
Because all of the units proposed as critical habitat for the
Kentucky arrow darter are currently occupied by the species, any
actions that may affect the species or its habitat would also affect
critical habitat and it is unlikely that any additional conservation
efforts would be recommended to address the adverse modification
standard over and above those recommended as necessary to avoid
jeopardizing the continued existence of the Kentucky arrow darter. Any
anticipated incremental costs of the critical habitat designation will
predominantly be administrative in nature and would not be significant.
Critical habitat may impact property values indirectly if developers
assume the designation will limit the potential use of that land.
However, the designation of critical habitat is not likely to result in
an increase of consultations, but rather only the additional
administrative effort within each consultation to address the effects
of each proposed agency action on critical habitat.
A copy of the IEM and screening analysis with supporting documents
may be obtained by contacting the Kentucky Ecological Services Field
Office (see FOR FURTHER INFORMATION CONTACT) or by downloading from the
Internet at http://www.regulations.gov in Docket No. FWS-R4-ES-2015-
0133.

Exclusion Based on Economic Impacts

Based on the Service's consideration of the economic impacts of the
critical habitat designation above, the Secretary is not exercising her
discretion to exclude any areas from this designation of critical
habitat for the Kentucky arrow darter based on economic impacts.

Exclusions Based on National Security Impacts

Under section 4(b)(2) of the Act, we consider whether there are
areas where designation of critical habitat might have an impact on
national security. In preparing this final rule, we have determined
that no lands within the designation of critical habitat for the
Kentucky arrow darter are owned or managed by the Department of Defense
or Department of Homeland Security, and, therefore, we anticipate no
impact on national security. Consequently, the Secretary is not
exercising her discretion to exclude any areas from the final
designation based on impacts on national security.

Exclusions Based on Other Relevant Impacts

Under section 4(b)(2) of the Act, we also consider any other
relevant impacts resulting from the designation of critical habitat. 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 any tribal issues, and consider the government-to-government
relationship of the United States with tribal entities. We also
consider any social impacts that might occur because of the
designation.
In preparing this final rule, we have determined that there are
currently no HCPs or other management plans for the Kentucky arrow
darter, and the final designation does not include any tribal lands or
trust resources. We anticipate no impact on partnerships from this
critical habitat designation. Accordingly, the Secretary is not
exercising her discretion to exclude any areas from this final
designation based on other relevant impacts.

Required Determinations

Regulatory Planning and Review (Executive Orders 12866 and 13563)

Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) will review all significant
rules. The Office of Information and Regulatory Affairs has determined
that this rule is not significant.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed

[[Page 69334]]

this rule in a manner consistent with these requirements.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA; 5 U.S.C. 801 et seq.), whenever an agency is required to
publish a notice of rulemaking for any proposed or final rule, it must
prepare and make available for public comment a regulatory flexibility
analysis that describes the effects of the rule on small entities
(i.e., small businesses, small organizations, and small government
jurisdictions). However, no regulatory flexibility analysis is required
if the head of the agency certifies the rule will not have a
significant economic impact on a substantial number of small entities.
The SBREFA amended the RFA to require Federal agencies to provide a
certification statement of the factual basis for certifying that the
rule will not have a significant economic impact on a substantial
number of small entities.
According to the Small Business Administration, small entities
include small organizations such as independent nonprofit
organizations; small governmental jurisdictions, including school
boards and city and town governments that serve fewer than 50,000
residents; and small businesses (13 CFR 121.201). Small businesses
include manufacturing and mining concerns with fewer than 500
employees, wholesale trade entities with fewer than 100 employees,
retail and service businesses with less than $5 million in annual
sales, general and heavy construction businesses with less than $27.5
million in annual business, special trade contractors doing less than
$11.5 million in annual business, and agricultural businesses with
annual sales less than $750,000. To determine if potential economic
impacts to these small entities are significant, we considered the
types of activities that might trigger regulatory impacts under this
designation as well as types of project modifications that may result.
In general, the term ``significant economic impact'' is meant to apply
to a typical small business firm's business operations.
The Service's current understanding of the requirements under the
RFA, as amended, and following recent court decisions, is that Federal
agencies are only required to evaluate the potential incremental
impacts of rulemaking on those entities directly regulated by the
rulemaking itself and, therefore, not required to evaluate the
potential impacts to indirectly regulated entities. The regulatory
mechanism through which critical habitat protections are realized is
section 7 of the Act, which requires Federal agencies, in consultation
with the Service, to ensure that any action authorized, funded, or
carried out by the agency is not likely to destroy or adversely modify
critical habitat. Therefore, under section 7, only Federal action
agencies are directly subject to the specific regulatory requirement
(avoiding destruction and adverse modification) imposed by a critical
habitat designation. Consequently, it is our position that only Federal
action agencies will be directly regulated by this designation. There
is no requirement under the RFA to evaluate the potential impacts to
entities not directly regulated. Moreover, Federal agencies are not
small entities. Therefore, because no small entities are directly
regulated by this rulemaking, the Service certifies that the final
critical habitat designation will not have a significant economic
impact on a substantial number of small entities.
During the development of this final rule we reviewed and evaluated
all information submitted during the comment period that may pertain to
our consideration of the probable incremental economic impacts of this
critical habitat designation. Based on this information, we affirm our
certification that this final critical habitat designation will not
have a significant economic impact on a substantial number of small
entities, and a regulatory flexibility analysis is not required.

Energy Supply, Distribution, or Use--Executive Order 13211

E.O. 13211 (Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use) requires agencies to
prepare Statements of Energy Effects when undertaking certain actions.
In our economic analysis, we found that the designation of critical
habitat for the Kentucky arrow darter will not significantly affect
energy supplies, distribution, or use. Natural gas and oil exploration
and development activities occur or could potentially occur in all of
the critical habitat units for the Kentucky arrow darter; however,
compliance with State regulatory requirements or voluntary BMPs would
be expected to minimize impacts of natural gas and oil exploration and
development in the areas of critical habitat for the species. The
measures for natural gas and oil exploration and development are
generally not considered a substantial cost compared with overall
project costs and are already being implemented by oil and gas
companies.
Surface coal mining occurs or could potentially occur in all
critical habitat units for the Kentucky arrow darter. Incidental take
for listed species associated with surface coal mining activities is
currently covered under a programmatic, non-jeopardy biological opinion
between the Office of Surface Mining Reclamation and Enforcement and
the Service completed in 1996 (Service 1996, entire). The biological
opinion covers existing, proposed, and future endangered and threatened
species that may be affected by the implementation and administration
of surface coal mining programs under the Surface Mining Control and
Reclamation Act (30 U.S.C. 1201 et seq.). Through its analysis, the
Service concluded that the proposed action (surface coal mining and
reclamation activities) was not likely to jeopardize the continued
existence of any endangered or threatened species, or any species
proposed for listing as an endangered or threatened species, or result
in adverse modification of designated or proposed critical habitat.
Therefore, this action is not a significant energy action, and no
Statement of Energy Effects is required.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we make the following findings:
(1) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute, or regulation
that would impose an enforceable duty upon State, local, or tribal
governments, or the private sector, and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State,
local, and tribal governments under entitlement authority,'' if the
provision would ``increase the stringency of conditions of assistance''
or ``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding,'' and the State, local, or tribal

[[Page 69335]]

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 because this species occurs primarily
in Federally owned river channels or in remote privately owned stream
channels. Also, this rule would not produce a Federal mandate of $100
million or greater in any year, that is, it is not a ``significant
regulatory action'' under the Unfunded Mandates Reform Act. The
designation of critical habitat imposes no obligations on State or
local governments and, as such, a Small Government Agency Plan is not
required.

Takings--Executive Order 12630

In accordance with E.O. 12630 (Government Actions and Interference
with Constitutionally Protected Private Property Rights), we have
analyzed the potential takings implications of designating critical
habitat for Kentucky arrow darter in a takings implications assessment.
The Act does not authorize the Service to regulate private actions on
private lands or confiscate private property as a result of critical
habitat designation. Designation of critical habitat does not affect
land ownership, or establish any closures, or restrictions on use of or
access to the designated areas. Furthermore, the designation of
critical habitat does not affect landowner actions that do not require
Federal funding or permits, nor does it preclude development of habitat
conservation programs or issuance of incidental take permits to permit
actions that do require Federal funding or permits to go forward.
However, Federal agencies are prohibited from carrying out, funding, or
authorizing actions that would destroy or adversely modify critical
habitat. A takings implications assessment has been completed and
concludes that this designation of critical habitat for Kentucky arrow
darter does not pose significant takings implications for lands within
or affected by the designation.

Federalism--Executive Order 13132

In accordance with E.O. 13132 (Federalism), this final rule does
not have significant Federalism effects. A federalism summary impact
statement is not required. In keeping with Department of the Interior
and Department of Commerce policy, we requested information from, and
coordinated development of the proposed critical habitat designation
with, appropriate State resource agencies in Kentucky. We received
comments from one State agency, the Kentucky State Nature Preserves
Commission, and have addressed them in the Summary of Comments and
Recommendations section of this document.
From a federalism perspective, the designation of critical habitat
directly affects only the responsibilities of Federal agencies. The Act
imposes no other duties with respect to critical habitat, either for
States and local governments, or for anyone else. As a result, the rule
does not have substantial direct effects either on the States, or on
the relationship between the Federal Government and the States, or on
the distribution of powers and responsibilities among the various
levels of government. The designation may have some benefit to these
governments because the areas that contain the features essential to
the conservation of the species are more clearly defined, and the
physical or biological features of the habitat necessary to the
conservation of the species are specifically identified. This
information does not alter where and what federally sponsored
activities may occur. However, it may assist these local governments in
long-range planning (because these local governments no longer have to
wait for case-by-case section 7 consultations to occur).
Where State and local governments require approval or authorization
from a Federal agency for actions that may affect critical habitat,
consultation under section 7(a)(2) 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 E.O. 12988 (Civil Justice Reform), the Office of
the Solicitor has determined that the rule does not unduly burden the
judicial system and that it meets the requirements of sections 3(a) and
3(b)(2) of the Order. We are designating critical habitat in accordance
with the provisions of the Act. To assist the public in understanding
the habitat needs of the species, the rule identifies the elements of
physical or biological features essential to the conservation of the
species. The designated areas of critical habitat are presented on
maps, and the rule provides several options for the interested public
to obtain more detailed location information, if desired.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

This rule does not contain any new collections of information that
require approval by the Office of Management and Budget (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.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

It is our position that, outside the jurisdiction of the U.S. Court
of Appeals for the Tenth Circuit, we do not need to prepare
environmental analyses pursuant to the National Environmental Policy
Act in connection with

[[Page 69336]]

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), E.O. 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 that there are no tribal lands occupied by the
Kentucky arrow darter at the time of listing that contain the physical
or biological features essential to conservation of the species, and no
tribal lands unoccupied by the Kentucky arrow darter that are essential
for the conservation of the species. Therefore, we are not designating
critical habitat for the Kentucky arrow darter on tribal lands.

References Cited

A complete list of references cited in this rulemaking is available
on the Internet at http://www.regulations.gov in Docket No. FWS-R4-ES-
2015-0133 and upon request from the Kentucky Ecological Services Field
Office (see FOR FURTHER INFORMATION CONTACT).

Authors

The primary authors of this final rulemaking are the staff members
of the Kentucky Ecological Services Field Office.

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.

Regulation Promulgation

Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245,
unless otherwise noted.

0
2. In Sec. 17.95, amend paragraph (e) by adding the entry ``Kentucky
Arrow Darter (Etheostoma spilotum)'' after the entry for ``Fountain
Darter (Etheostoma fonticola)'' to read as follows:

Sec. 17.95 Critical habitat--fish and wildlife.

* * * * *
(e) Fishes.
* * * * *
Kentucky Arrow Darter (Etheostoma Spilotum)
(1) Critical habitat units are depicted on the maps below for
Breathitt, Clay, Harlan, Jackson, Knott, Lee, Leslie, Owsley, Perry,
and Wolfe Counties, Kentucky.
(2) Within these areas, the primary constituent elements of the
physical or biological features essential to the conservation of the
Kentucky arrow darter consist of five components:
(i) Primary Constituent Element 1--Riffle-pool complexes and
transitional areas (glides and runs) of geomorphically stable, first-
to third-order streams of the upper Kentucky River drainage with
connectivity between spawning, foraging, and resting sites to promote
gene flow throughout the species' range.
(ii) Primary Constituent Element 2--Stable bottom substrates
composed of gravel, cobble, boulders, bedrock ledges, and woody debris
piles with low levels of siltation.
(iii) Primary Constituent Element 3--An instream flow regime
(magnitude, frequency, duration, and seasonality of discharge over
time) sufficient to provide permanent surface flows, as measured during
years with average rainfall, and to maintain benthic habitats utilized
by the species.
(iv) Primary Constituent Element 4--Adequate water quality
characterized by seasonally moderate stream temperatures (generally <=
24 [deg]C or 75 [deg]F), high dissolved oxygen concentrations
(generally >= 6.0 mg/L), moderate pH (generally 6.0 to 8.5), low stream
conductivity (species' abundance decreases sharply as conductivities
exceed 261 [micro]S/cm and species is typically absent above 350
[micro]S)/cm, and low levels of pollutants. Adequate water quality is
the quality necessary for normal behavior, growth, and viability of all
life stages of the Kentucky arrow darter.
(v) Primary Constituent Element 5--A prey base of aquatic
macroinvertebrates, including mayfly nymphs, midge larvae, blackfly
larvae, caddisfly larvae, stonefly nymphs, and small crayfishes.
(3) Critical habitat does not include manmade structures (such as
buildings, aqueducts, runways, roads, and other paved areas) and the
land on which they are located existing within the legal boundaries on
November 4, 2016.
(4) Critical habitat map units. Data layers defining map units were
created on a base of U.S. Geological Survey (USGS) National Hydrography
Dataset (NHD+) GIS data. The 1:100,000 river reach (route) files were
used to calculate river kilometers and miles. ESRIs ArcGIS 10.0
software was used to determine longitude and latitude coordinates using
decimal degrees. The projection used in mapping all units was USA
Contiguous Albers Equal Area Conic USGS version, NAD 83, meters. The
following data sources were referenced to identify features (like roads
and streams) used to delineate the upstream and downstream extents of
critical habitat units: NHD+ flowline and waterbody data, 2011 Navteq
roads data, USA Topo ESRI online basemap service, DeLorme Atlas and
Gazetteers, and USGS 7.5 minute topographic maps. The maps in this
entry, as modified by any accompanying regulatory text, establish the
boundaries of the critical habitat designation. The coordinates, plot
points, or both on which each map is based are available to the public
at the Service's Internet site, (http://fws.gov/frankfort/), at http://www.regulations.gov at Docket No. FWS-R4-ES-2015-0133, and at the field
office responsible for this designation. 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.
(5) Note: Index map follows:
BILLING CODE 4333-15-P

[[Page 69337]]

[GRAPHIC] [TIFF OMITTED] TR05OC16.004

(6) Unit 1: Buckhorn Creek and Prince Fork, and Unit 2: Eli Fork,
Knott County, Kentucky.
(i) Unit 1 includes 0.7 skm (0.4 smi) of Prince Fork from Mart
Branch (37.41291, -83.07000) downstream to its confluence with Buckhorn
Creek (37.41825, -83.07341), and 0.4 skm (0.3 smi) of Buckhorn Creek
from its headwaters at (37.41825, -83.07341) downstream to its
confluence with Emory Branch (37.42006, -83.07738) in Knott County,
Kentucky.
(ii) Unit 2 includes 1.0 skm (0.6 smi) of Eli Fork from its
headwaters at (37.44078, -83.05884), downstream to its confluence with
Boughcamp Branch (37.43259, -83.05591) in Knott County, Kentucky.
(iii) Map of Units 1 and 2 follows:
BILLING CODE 4333-15-P

[[Page 69338]]

[GRAPHIC] [TIFF OMITTED] TR05OC16.005

(7) Unit 3: Coles Fork and Snag Ridge Fork, Breathitt and Knott
Counties, Kentucky.
(i) Unit 3 includes 2.1 skm (1.3 smi) of Snag Ridge Fork from its
headwaters at (37.47746, -83.11139), downstream to its confluence with
Coles Fork (37.46391, -83.13468) in Knott County; and 8.9 skm (5.5 smi)
of Coles Fork from its headwaters at (37.45096, -83.07124), downstream
to its confluence with Buckhorn Creek (37.45720, -83.13468) in Knott
County, Kentucky.
(ii) Map of Unit 3 follows:
BILLING CODE 4333-15-P

[[Page 69339]]

[GRAPHIC] [TIFF OMITTED] TR05OC16.006

(8) Unit 4: Clemons Fork, Breathitt County, Kentucky.
(i) Unit 4 includes 7.0 skm (4.4 smi) of Clemons Fork from its
headwaters at (37.49772, -83.13390), downstream to its confluence with
Buckhorn Creek (37.45511, -83.16582) in Breathitt County, Kentucky.
(ii) Map of Unit 4 follows:
BILLING CODE 4333-15-P

[[Page 69340]]

[GRAPHIC] [TIFF OMITTED] TR05OC16.007

(9) Unit 5: Laurel Fork Quicksand Creek and Tributaries, Knott
County, Kentucky.
(i) Unit 5 includes 1.2 skm (0.8 smi) of Fitch Branch from its
headwaters at (37.46745, -82.95373), downstream to its confluence with
Laurel Fork Quicksand Creek (37.45855, -82.96089); 2.7 skm (1.7 smi) of
Newman Branch from its headwaters at (37.44120, -82.95810), downstream
to its confluence with Laurel Fork Quicksand Creek (37.45893, -
82.97417); 2.1 skm (1.3 smi) of Combs Branch from its headwaters at
(37.43848, -82.97731), downstream to its confluence with Laurel Fork
Quicksand Creek (37.44758, -82.99476); and 13.8 skm (8.6 smi) of Laurel
Fork Quicksand Creek from its headwaters at (37.43001, -82.93016),
downstream to its confluence with Quicksand Creek (37.45100, -83.02303)
in Knott County, Kentucky.
(ii) Map of Unit 5 follows:
BILLING CODE 4333-15-P

[[Page 69341]]

[GRAPHIC] [TIFF OMITTED] TR05OC16.008

(10) Unit 6: Middle Fork Quicksand Creek and Tributaries, Knott
County, and Unit 7: Spring Fork Quicksand Creek, Breathitt County,
Kentucky.
(i) Unit 6 includes 0.8 skm (0.5 smi) of Big Firecoal Branch from
its headwaters at (37.49363, -82.96426), downstream to its confluence
with Middle Fork Quicksand Creek (37.48990, -82.97148); 2.1 skm (1.3
smi) of Bradley Branch from its headwaters at (37.47180, -82.99819),
downstream to its confluence with Middle Fork Quicksand Creek
(37.47899, -83.01823); 2.0 skm (1.2 smi) of Lynn Log Branch from its
headwaters at (37.50190, -83.01921), downstream to its confluence with
Middle Fork Quicksand Creek (37.49286. -83.03524); and 20.3 skm (12.6
smi) of Middle Fork Quicksand Creek from its headwaters at (37.48562, -
82.93667), downstream to its confluence with Quicksand Creek
(37.498281, -83.092946) in Knott County, Kentucky.

[[Page 69342]]

(ii) Unit 7 includes 2.2 skm (1.4 smi) of Spring Fork Quicksand
Creek from its headwaters at (37.50746, -82.96647), downstream to its
confluence with Laurel Fork (37.51597, -82.98436) in Breathitt County,
Kentucky.
(iii) Map of Units 6 and 7 follows:
BILLING CODE 4333-15-P
[GRAPHIC] [TIFF OMITTED] TR05OC16.009

(11) Unit 8: Hunting Creek and Tributaries, Breathitt County,
Kentucky.
(i) Unit 8 includes 0.9 skm (0.5 smi) of Wolf Pen Branch from its
headwaters at (37.64580, -83.23885), downstream to its confluence with
Hunting Creek (37.64023, -83.24424); 1.6 skm (1.0 smi) of Negro Fork
from its headwaters at (37.62992, -83.25760), downstream to its
confluence with Hunting Creek (37.62121, -83.24433); 2.3 skm (1.4 smi)
of Fletcher Fork from its headwaters at (37.61315, -83.26521),
downstream to its confluence with Hunting Creek (37.61956, -83.24370);
3.1 skm (1.9 smi) of Licking Fork from its headwaters at (37.63553, -
83.21754, -83.21754), downstream to its confluence with Hunting Creek
(37.61794, -83.23938); and 7.7 skm (4.8 smi) of Hunting Creek from its

[[Page 69343]]

confluence with Wells Fork (37.64629, -83.24708), downstream to its
confluence with Quicksand Creek (37.59235, -83.22803) in Breathitt
County, Kentucky.
(ii) Map of Unit 8 follows:
BILLING CODE 4333-15-P
[GRAPHIC] [TIFF OMITTED] TR05OC16.010

(12) Unit 9: Frozen Creek and Tributaries, Breathitt County,
Kentucky.
(i) Unit 9 includes 4.7 skm (2.9 smi) of Clear Fork from its
headwaters at (37.63899, -83.27706), downstream to its confluence with
Frozen Creek (37.64109, -83.31969); 3.6 skm (2.3 smi) of Negro Branch
from its headwaters at (37.67146, -83.31971), downstream to its
confluence with Frozen Creek (37.64319, -83.33068); 4.2 skm (2.6 smi)
of Davis Creek from its headwaters at (37.66644, -83.34599), downstream
to its confluence with Frozen Creek (37.63402, -83.34953); and 13.9 skm
(8.6 smi) of Frozen Creek from its headwaters at (37.66115, -83.26945),

[[Page 69344]]

downstream to its confluence with Morgue Fork (37.62761, -83.37622) in
Breathitt County, Kentucky.
(ii) Map of Unit 9 follows:
BILLING CODE 4333-15-P
[GRAPHIC] [TIFF OMITTED] TR05OC16.011

(13) Unit 10: Holly Creek and Tributaries, Wolfe County, Kentucky.
(i) Unit 10 includes 2.8 skm (1.8 smi) of Spring Branch from its
headwaters at (37.67110, -83.44406), downstream to its confluence with
Holly Creek (37.66384, -83.46780) in Wolfe County; 2.0 skm (1.3 smi) of
Pence Branch from its headwaters at (37.64048, -83.45703), downstream
to its confluence with Holly Creek (37.63413, -83.47608) in Wolfe
County; 4.0 skm (2.5 mi) of Cave Branch from its headwaters at
(37.66023, -83.49916), downstream to its confluence with Holly Creek
(37.63149, -83.48725) in Wolfe County; 9.5 skm (5.9 smi) of Holly Creek
from KY 1261 (37.67758, -83.46792) in Wolfe County, downstream to its
confluence with the

[[Page 69345]]

North Fork Kentucky River (37.62289, -83.49948) in Wolfe County,
Kentucky.
(ii) Map of Unit 10 follows:
BILLING CODE 4333-15-P
[GRAPHIC] [TIFF OMITTED] TR05OC16.012

(14) Unit 11: Little Fork, Lee and Wolfe Counties; Unit 12: Walker
Creek and Tributaries, Lee and Wolfe Counties; and Unit 13: Hell Creek
and Tributaries, Lee County, Kentucky.
(i) Unit 11 includes 3.8 skm (2.3 smi) of Little Fork from its
headwaters at (37.68456, -83.62465) in Wolfe County, downstream to its
confluence with Lower Devil Creek (37.66148, -83.59961) in Lee County,
Kentucky.
(ii) Unit 12 includes 3.9 skm (2.4 smi) of an unnamed tributary of
Walker Creek from its headwaters at (37.71373, -83.64553) in Wolfe
County, downstream to its confluence with Walker Creek (37.68567, -
83.65045) in Lee County; 2.4 skm (1.5 smi) of Cowan Fork from its
headwaters at (37.69624, -83.66366) in Wolfe County, downstream to its
confluence with Hell

[[Page 69346]]

for Certain Creek (37.67718, -83.65931) in Lee County; 2.0 skm (1.2
smi) of Hell for Certain Creek from an unnamed reservoir at (37.68377,
-83.66804), downstream to its confluence with Walker Creek (37.67340, -
83.65449) in Lee County; 0.8 skm (0.5 smi) of Boonesboro Fork from its
headwaters at (37.66706, -83.66053), downstream to its confluence with
Walker Creek (37.66377, -83.65408) in Lee County; 2.2 skm (1.4 smi) of
Peddler Creek from its headwaters at (37.67054, -83.63456), downstream
to its confluence with Walker Creek (37.65696, -83.64879) in Lee
County; 1.1 skm (0.7 smi) of Huff Cave Branch from its headwaters at
(37.65664, -83.66033), downstream to its confluence with Walker Creek
(37.65138, -83.65034) in Lee County; and 12.6 skm (7.8 smi) of Walker
Creek from an unnamed reservoir (37.70502, -83.65490) in Wolfe County,
downstream to its confluence with North Fork Kentucky River (37.60678,
-83.64652) in Lee County, Kentucky.
(iii) Unit 13 includes 2.3 skm (1.4 smi) of Miller Fork from its
headwaters at (37.66074, -83.68005), downstream to its confluence with
Hell Creek (37.64261, -83.67912); 0.7 skm (0.4 smi) of Bowman Fork from
its headwaters at (37.64142, -83.68594), downstream to its confluence
with Hell Creek (37.64070, -83.67848); 1.9 skm (1.2 smi) of an unnamed
tributary of Hell Creek from its headwaters at (37.63199, -
83.83.68064), downstream to its confluence with Hell Creek (37.62516, -
83.66246); and 7.1 skm (4.4 smi) of Hell Creek from an unnamed
reservoir (37.64941, -83.68907), downstream to its confluence with
North Fork Kentucky River (37.60480. -83.65440) in Lee County,
Kentucky.
(iv) Map of Units 11, 12, and 13 follows:
BILLING CODE 4333-15-P

[[Page 69347]]

[GRAPHIC] [TIFF OMITTED] TR05OC16.013

(15) Unit 14: Big Laurel Creek, Harlan County, Kentucky.
(i) Unit 14 includes 9.1 skm (5.7 smi) of Big Laurel Creek from its
confluence with Combs Fork (36.99520, -83.14086), downstream to its
confluence with Greasy Creek (36.97893, -83.21907) in Harlan County,
Kentucky.
(ii) Map of Unit 14 follows:
BILLING CODE 4333-15-P

[[Page 69348]]

[GRAPHIC] [TIFF OMITTED] TR05OC16.014

(16) Unit 15: Laurel Creek, Leslie County, Kentucky.
(i) Unit 15 includes 4.1 skm (2.6 smi) of Laurel Creek from its
confluence with Sandlick Branch (37.10825, -83.45036), downstream to
its confluence with Left Fork Rockhouse Creek (37.13085, -83.43699) in
Leslie County, Kentucky.
(ii) Map of Unit 15 follows:
BILLING CODE 4333-15-P

[[Page 69349]]

[GRAPHIC] [TIFF OMITTED] TR05OC16.015

(17) Unit 16: Hell For Certain Creek and Tributaries, Leslie
County, Kentucky.
(i) Unit 16 includes 1.3 skm (0.8 smi) of Cucumber Branch from its
headwaters at (37.20839, -83.44644), downstream to its confluence with
Hell For Certain Creek (37.21929, -83.44355); 3.1 skm (1.9 smi) of Big
Fork from its headwaters at (37.20930, -83.42356), downstream to its
confluence with Hell For Certain Creek (37.23082, -83.40720); and 11.4
skm (7.1 smi) of Hell For Certain Creek from its headwaters at
(37.20904, -83.47489), downstream to its confluence with the Middle
Fork Kentucky River (37.24611, -83.38192) in Leslie County, Kentucky.
(ii) Map of Unit 16 follows:
BILLING CODE 4333-15-P

[[Page 69350]]

[GRAPHIC] [TIFF OMITTED] TR05OC16.016

(18) Unit 17: Squabble Creek, Perry County, Kentucky.
(i) Unit 17 includes 12.0 skm (7.5 smi) of Squabble Creek from its
confluence with Long Fork (37.29162, -83.54202), downstream to its
confluence with the Middle Fork Kentucky River (37.34597, -83.46883) in
Perry County, Kentucky.
(ii) Map of Unit 17 follows:
BILLING CODE 4333-15-P

[[Page 69351]]

[GRAPHIC] [TIFF OMITTED] TR05OC16.017

(19) Unit 18: Blue Hole Creek and Left Fork Blue Hole Creek, Unit
19: Upper Bear Creek and Tributaries, Unit 20: Katies Creek, and Unit
21: Spring Creek and Little Spring Creek, Clay County; and Unit 22:
Bowen Creek and Tributaries, Leslie County, Kentucky.
(i) Unit 18 includes 1.8 skm (1.1 smi) of Left Fork from its
headwaters at (36.97278, -83.56898), downstream to its confluence with
Blue Hole Creek (36.98297, -83.55687); and 3.9 skm (2.4 smi) of Blue
Hole Creek from its headwaters at (36.98254, -83.57376), downstream to
its confluence with the Red Bird River (36.99288, -83.53672) in Clay
County, Kentucky.
(ii) Unit 19 includes 1.5 skm (1.0 smi) of Left Fork Upper Bear
Creek from its headwaters at (36.99519, -83.58446), downstream to its
confluence with Upper Bear Creek (37.00448, -83.57354); 0.8 skm (0.5
smi) of Right Fork Upper Bear Creek from its headwaters at (37.00858, -
83.58013), downstream to its confluence with Upper Bear Creek
(37.00448, -83.57354); and 4.5 skm (2.8 smi) of Upper Bear Creek from
its confluence with Left Fork and Right Fork Upper Bear Creek
(37.02109, -83.53423), downstream to its confluence with the

[[Page 69352]]

Red Bird River (37.00448, -83.57354) in Clay County, Kentucky.
(iii) Unit 20 includes 5.7 skm (3.5 smi) of Katies Creek from its
confluence with Cave Branch (37.01837, -83.58848), downstream to its
confluence with the Red Bird River (37.03527, -83.53999) in Clay
County, Kentucky.
(iv) Unit 21 includes 1.0 skm (0.6 smi) of Little Spring Creek from
its headwaters at (37.05452, -83.57483), downstream to its confluence
with Spring Creek (37.05555, -83.56339); and 8.2 skm (5.1 smi) of
Spring Creek from its headwaters at (37.02874, -83.59815), downstream
to its confluence with the Red Bird River (37.06189, -83.54134) in Clay
County, Kentucky.
(v) Unit 22 includes 2.2 skm (1.4 smi) of Laurel Fork from its
headwaters at (37.05536, -83.47452), downstream to its confluence with
Bowen Creek (37.04702, -83.49641); 1.8 skm (1.1 smi) of Amy Branch from
its headwaters at (37.05979, -83.50083), downstream to its confluence
with Bowen Creek (37.05031, -83.51498); and 9.6 skm (6.0 smi) of Bowen
Creek from its headwaters at (37.03183, -83.46124), downstream to its
confluence with the Red Bird River (37.06777, -83.53840) in Leslie
County, Kentucky.
(vi) Map of Units 18, 19, 20, 21, and 22 follows:
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(20) Unit 23: Elisha Creek and Tributaries, Leslie County; and Unit
24: Gilberts Big Creek, and Unit 25: Sugar Creek, Clay and Leslie
Counties, Kentucky.
(i) Unit 23 includes 4.4 skm (2.7 smi) of Right Fork Elisha Creek
from its headwaters at (37.07255, -83.47839), downstream to its
confluence with Elisha Creek (37.08165, -83.51802); 2.3 skm (1.4 smi)
of Left Fork Elisha Creek from its headwaters at (37.09632, -83.51108),
downstream to its confluence with Elisha Creek (37.08528, -83.52645);
and 2.9 skm (1.8 smi) of Elisha Creek from its confluence with Right
Fork Elisha Creek (37.08165, -83.51802), downstream to its confluence
with the Red Bird River (37.08794, -83.54676) in Leslie County,
Kentucky.
(ii) Unit 24 includes 7.2 skm (4.5 smi) of Gilberts Big Creek from
its headwaters at (37.10825, -83.49164) in

[[Page 69354]]

Leslie County, downstream to its confluence with the Red Bird River
(37.10784, -83.55590) in Clay County, Kentucky.
(iii) Unit 25 includes 7.2 skm (4.5 smi) of Sugar Creek from its
headwaters at (37.12446, -83.49420) in Leslie County, downstream to its
confluence with the Red Bird River (37.11804, -83.55952) in Clay
County, Kentucky.
(iv) Map of Units 23, 24, and 25 follows:
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(21) Unit 26: Big Double Creek and Tributaries, and Unit 27: Little
Double Creek, Clay County, Kentucky.
(i) Unit 26 includes 1.4 skm (0.9 smi) of Left Fork Big Double
Creek from its headwaters at (37.07967, -83.60719), downstream to its
confluence with Big Double Creek (37.09053, -83.60245); 1.8 skm (1.1
smi) of Right Fork Big Double Creek from its headwaters at (37.09021, -
83.62010), downstream to its confluence with Big Double Creek
(37.09053, -83.60245); and 7.1 skm (4.4 smi) of Big Double Creek from
its confluence with the Left and Right Forks (37.09053, -83.60245),
downstream to its confluence with the Red Bird River (37.14045, -
83.58768) in Clay County, Kentucky.
(ii) Unit 27 includes 3.4 skm (2.1 smi) of Little Double Creek from
its headwaters at (37.11816, -83.61251), downstream to its confluence
with the Red Bird River (37.14025, -83.59197) in Clay County, Kentucky.
(iii) Map of Units 26 and 27 follows:
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(22) Unit 28: Jacks Creek, and Unit 29: Long Fork, Clay County,
Kentucky.
(i) Unit 28 includes 5.9 skm (3.7 smi) of Jacks Creek from its
headwaters at (37.21472, -83.54108), downstream to its confluence with
the Red Bird River (37.19113, -83.59185) in Clay County, Kentucky.
(ii) Unit 29 includes 2.2 skm (1.4 smi) of Long Fork from its
headwaters at (37.16889, -83.65490), downstream to its confluence with
Hector Branch (37.17752, -83.63464) in Clay County, Kentucky.
(iii) Map of Units 28 and 29 follows:
BILLING CODE 4333-15-P
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(23) Unit 30: Horse Creek, Clay County, Kentucky.
(i) Unit 30 includes 5.0 skm (3.1 smi) of Horse Creek from its
headwaters at (37.07370, -83.87756), downstream to its confluence with
Pigeon Roost Branch (37.09926, -83.84582) in Clay County, Kentucky.

[[Page 69357]]

(ii) Map of Unit 30 follows:
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(24) Unit 31: Bullskin Creek, Clay and Leslie Counties, Kentucky.
(i) Unit 31 includes 21.7 skm (13.5 smi) of Bullskin Creek from its
confluence with Old House Branch (37.21218, -83.48798) in Leslie
County, downstream to its confluence with the South Fork Kentucky River
(37.27322, -83.64441) in Clay County, Kentucky.
(ii) Map of Unit 31 follows:
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(25) Unit 32: Buffalo Creek and Tributaries, Owsley County,
Kentucky.
(i) Unit 32 includes 2.0 skm (1.2 smi) of Cortland Fork from its
headwaters at (37.35052, -83.54570), downstream to its confluence with
Laurel Fork (37.34758, -83.56466); 6.4 skm (4.0 smi) of Laurel Fork
from its headwaters at (37.32708, -83.56450), downstream to its
confluence with Left Fork Buffalo Creek (37.347758, -83.56466); 4.6 skm
(2.9 smi) of Lucky Fork from its headwaters at (37.37682, -83.55711),
downstream to its confluence with Left Fork Buffalo Creek (37.35713, -
83.59367); 5.1 skm (3.2 smi) of Left Fork Buffalo Creek from its
confluence with Lucky Fork and Left Fork (37.35713, -83.59367),
downstream to its confluence with Buffalo Creek (37.35197, -83.63583);
17.3 skm (10.8 smi) of Right Fork Buffalo Creek from its headwaters at
(37.26972, -83.53646), downstream to its confluence with Buffalo Creek
(37.35197, -83.63583); and 2.7 skm (1.7 smi) of Buffalo Creek from its
confluence with the Left and Right Forks (37.35197, -83.63583),
downstream to its confluence with the South Fork Kentucky River
(37.35051, -83.65233) in Owsley County, Kentucky.

[[Page 69359]]

(ii) Map of Unit 32 follows:
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(26) Unit 33: Lower Buffalo Creek, Lee and Owsley Counties,
Kentucky.
(i) Unit 33 includes 2.2 skm (1.4 smi) of Straight Fork from its
headwaters at (37.49993, -83.62996), downstream to its confluence with
Lower Buffalo Creek (37.50980, -83.65015) in Owsley County; and 5.1 skm
(3.2 smi) of Lower Buffalo Creek from its confluence with Straight Fork
(37.50980, -83.65015) in Owsley County, downstream to its confluence
with the South Fork Kentucky River (37.53164, -83.68732) in Lee County,
Kentucky.
(ii) Map of Unit 33 follows:
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(27) Unit 34: Silver Creek, Lee County, Kentucky.
(i) Unit 34 includes 6.2 skm (3.9 smi) of Silver Creek from its
headwaters at (37.61857, -83.72442), downstream to its confluence with
the Kentucky River (37.57251, -83.71264) in Lee County, Kentucky.
(ii) Map of Unit 34 follows:
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(28) Unit 35: Travis Creek, Jackson County; Unit 36: Wild Dog
Creek, Jackson and Owsley Counties; and Unit 37: Granny Dismal Creek,
Owsley and Lee Counties, Kentucky.
(i) Unit 35 includes 4.1 skm (2.5 smi) of Travis Creek from its
headwaters at (37.43039, -83.88516), downstream to its confluence with
Sturgeon Creek (37.43600, -83.84609) in Jackson County, Kentucky.
(ii) Unit 36 includes 8.1 skm (5.1 smi) of Wild Dog Creek from its
headwaters at (37.47081, -83.89329) in Jackson County, downstream to
its confluence with Sturgeon Creek (37.48730, -83.82319) in Owsley
County, Kentucky.
(iii) Unit 37 includes 6.9 skm (4.3 smi) of Granny Dismal Creek
from its headwaters at (37.49862, -83.88435) in Owsley County,
downstream to its confluence with Sturgeon Creek (37.49586, -83.81629)
in Lee County, Kentucky.
(iv) Map of Units 35, 36, and 37 follows:
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(29) Unit 38: Rockbridge Fork, Wolfe County, Kentucky.
(i) Unit 38 includes 4.5 skm (2.8 smi) of Rockbridge Fork from its
headwaters at (37.76228, -83.59553), downstream to its confluence with
Swift Camp Creek (37.76941, -83.56134) in Wolfe County, Kentucky.
(ii) Map of Unit 38 follows:
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* * * * *

Dated: September 20, 2016.
Karen Hyun,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2016-23539 Filed 10-4-16; 8:45 am]
BILLING CODE 4333-15-P