The U.S. Fish and Wildlife Service has determined the Kentucky arrow darter is likely to become at risk of extinction within the foreseeable future and is proposing to list the small, colorful fish as a threatened species under the Endangered Species Act (ESA). The Service is also proposing a special rule under section 4(d) of the ESA that would tailor exemptions for actions that have an overall benefit to the darter, and is proposing critical habitat for the species. The proposals are being made available for public comment, along with a draft economic analysis of the possible impacts of the critical habitat proposal.
Historically, the Kentucky arrow darter was found in 74 streams in the upper Kentucky River drainage of eastern Kentucky. The fish has been eliminated from about 49 percent of these streams, with almost half of the losses occurring since the mid-1990s. Currently, the darter occupies 47 streams across 10 Kentucky counties: Breathitt, Clay, Harlan, Jackson, Knott, Lee, Leslie, Owsley, Perry, and Wolfe. Only 23 of the darter’s remaining populations are considered stable.
Threats to the Kentucky arrow darter are ongoing, with habitat loss and degradation representing the most significant threats. Resource extraction activities such as coal mining, logging, and oil and gas development, along with land development, agricultural activities and inadequate sewage treatment, have all led to chemical and physical changes in stream habitats adversely affecting the darter.
To protect and restore the Kentucky arrow darter, the Service has been actively partnering with the State of Kentucky, other federal agencies and nonprofit organizations to implement conservation measures. In cooperation with the Kentucky Department of Fish and Wildlife Resources, Kentucky State Nature Preserves Commission, U.S. Geological Survey, the Kentucky Division of Water, the U.S. Forest Service (USFS), Conservation Fisheries, Inc., and the Appalachian Wildlife Foundation, the Service completed a conservation strategy for the darter in 2014. The Service also worked with the USFS to develop a voluntary Candidate Conservation Agreement for the Kentucky arrow darter on Daniel Boone National Forest (DBNF), which contains almost half of the darter’s streams.
“The Candidate Conservation Agreement for the darter is the latest example of the long-standing partnership between the U.S. Fish and Wildlife Service and the U.S. Forest Service to proactively conserve at-risk species in Kentucky,” said Cindy Dohner, the Service’s Southeast Regional Director. “With partnerships like this we can do a lot to help conserve the Kentucky arrow darter.”
Other at-risk species are benefiting from the actions taken by the Service, the state and USFS. Recently, the Service concluded ESA protection was not needed for the Cumberland arrow darter, which occupies the upper Cumberland River drainage in eastern Kentucky and Tennessee, thanks to actions by USFS, the Kentucky Department of Fish and Wildlife Resources and Kentucky State Nature Preserves Commission.
The Kentucky arrow darter grows up to 4.7 inches in length and is straw yellow to pale green, with a variety of red blotches and stripes and bands of blue-green on its tail and fins. It was first identified as a candidate for protection under the ESA in 2010. The proposed listing and critical habitat designation for the darter and the associated draft economic analysis are part of the Service’s efforts to implement a court-approved work plan under a Multi-District Listing Agreement aimed at addressing a series of lawsuits concerning the agency’s ESA listing program.
Proposed Critical Habitat
The Service is proposing 38 units of critical habitat, all currently occupied by the darter, consisting of about 246 stream miles in the 10 counties where it is found. About 65 stream miles are federally owned, 11 are state owned and 170 are privately owned. The proposed critical habitat units include the stream channel within the ordinary high water line. No lands above the ordinary high water line or adjacent uplands have been included in the areas proposed for critical habitat.
Under the ESA, critical habitat identifies geographic areas that contain features essential for the darter’s conservation. Although some of the areas within the proposed critical habitat designation are located on private land, activities on these lands will not be affected unless they are authorized, funded, or carried out by a federal agency. Designation of critical habitat does not affect land ownership or establish a refuge, reserve, preserve or other conservation area conservation area
A conservation area is a type of national wildlife refuge that consists primarily or entirely of conservation easements on private lands. These conservation easements support private landowner efforts to protect important habitat for fish and wildlife and major migration corridors while helping to keep agricultural lands in production.
Learn more about conservation area . If federal funds or authorization are involved in a project in the area, the government agency will need to consult the Service to help landowners avoid, reduce or mitigate potential impacts to the darter or to ensure actions do not negatively affect the fish or its critical habitat.
Exemptions
Along with the darter’s proposed listing and critical habitat, the Service is proposing to include exemptions under Section 4(d) of the ESA. These exemptions permit “take” “take”
The term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.
Learn more about “take” of the darter during certain activities, including channel reconfiguration and restoration, bank stabilization, bridge and culvert replacement/removal, and stream crossing repairs.. Take is a term under the ESA defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such activity. Any activities should maintain connectivity of darter habitats, minimize in-stream disturbances, and maximize the amount of in-stream cover available for the darter.
Draft Economic Analysis
The draft economic analysis associated with the darter’s proposed critical habitat designation estimates minimal economic impacts of the darter’s critical habitat designation. Those costs are expected to be limited to additional administrative efforts on the part of federal agencies considering the impacts to any proposed critical habitat from federal or federally-funded projects. Many projects, such as road building or bridge replacement, which may require agencies to consider the darter, already need to consider other endangered or threatened species including the Indiana bat and freshwater mussels.
Written public comments on the darter’s proposed listing as threatened with a critical habitat designation, and a draft economic analysis will be accepted through the next 60 days through December 7, 2015. You may submit comments by one of the following methods:
- Federal Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting information on docket numbers FWS–R4–ES–2015–0132 (proposed listing rule) and FWS–R4–ES–2015–0133 (proposed critical habitat rule).
- U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS–R4–ES–2015–0132 (proposed listing rule) and FWS–R4–ES–2015–0133 (proposed critical habitat rule); U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
Requests for a public hearing must be made in writing within 45 days by November 23, 2015. To request a public hearing, please contact Mr. Lee Andrews, Field Supervisor, U.S. Fish and Wildlife Service, Ecological Services Field Office, 330 West Broadway, Suite 265, Frankfort, Kentucky, 40601, telephone: 502-695-0468.
