As part of a broad effort to restore threatened and endangered species in the Tennessee River system, the U.S. Fish and Wildlife Service is proposing to reintroduce two native fishes -- the threatened -- into Shoal Creek, which flows through Lauderdale County, Alabama, and Lawrence County, Tennessee.
The reintroduced fishes will be designated as "nonessential experimental" populations, under the Endangered Species Act. This classification precludes anyone who accidently kills or harms the fish from being in violation of the law, provided that the "take" occurs as part of an otherwise lawful activity. Similarly, Federal or federally funded projects will not be required to be altered or stopped to protect these fish.
"By reintroducing experimental populations of these species into their historical habitat, and promoting other recovery efforts, we hope to improve the species status to the point where they no longer need Endangered Species Act protection," said Sam D. Hamilton, the Services Southeast Regional Director. "We have already had some success reintroducing the spotfin chub into Abrams Creek in the Great Smoky Mountains National Park and augmenting the boulder darter population in the Elk River. In 2003, we also began the release of spotfin chubs into the Tellico River with prior designated nonessential experimental status and we believe this effort will be successful also."
These proposed reintroductions are part of a major effort by multiple partners -- including federal and state agencies and conservation groups -- to restore and recover native species in the Tennessee River system.
Conservation Fisheries, Inc., a nonprofit fish conservation organization based in Knoxville, Tennessee, has been working on several efforts in the Tennessee River system:
- C reintroducing the spotfin chub and three other species into Abrams Creek in Blount County;
- augmenting boulder darter populations in the Elk River; and,
- reintroducing the spotfin chub and three other federally listed species into the Tellico River.
The viable populations of spotfin chub that were established in the Tellico River under the previous regulation and that will be established in Shoal Creek if this regulation is finalized will help the species to recover.
"The nonessential experimental population designation for Shoal Creek is the next step in recovery efforts of the boulder darter and spotfin chub," said Gary Myers, Executive Director of theSupport for National Park Service, , the . The proposed reintroduction effort in Shoal Creek, an extension of these other recovery projects, was developed at the request of the Commissioner of the National Wildlife Refuge or National Park confer with the Service on actions the agency finds likely to jeopardize the continued existence of the reintroduced species. But the agency is not required by the Act to halt or change an action -- although it would be required to do so for a federally threatened or endangered species that is not a nonessential experimental population. The Service, therefore, does not expect the reintroductions to have an impact on these agencies or their activities.
These less stringent rules ensure that in the event of any accidental and incidental killing or injuring of these reintroduced fish -- provided that the "take" occurs as part of an otherwise lawful activity -- there would be no violation of the Act. For instance, if a person inadvertently kills a reintroduced species while engaged in an otherwise lawful activity such as boating, fishing, or wading, then no violation is considered to have been committed.
"Because of the significant regulatory relief provided through this nonessential experimental population designation, we do not believe that these proposed reintroductions will hinder public use of Shoal Creek or its watershed," Hamilton said.
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