Endangered and Threatened Wildlife and Plants; Proposed Rule To List the Ozark Hellbender Salamander as Endangered, 54561-54579 [2010-22249]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 75, Number 173 (Wednesday, September 8, 2010)]
[Proposed Rules]
[Pages 54561-54579]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22249]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R3-ES-2009-0009]
[MO 92210-0-0008-B2]
RIN 1018-AV94


Endangered and Threatened Wildlife and Plants; Proposed Rule To 
List the Ozark Hellbender Salamander as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose 
endangered status under the Endangered Species Act of 1973, as amended 
(Act), for the Ozark hellbender (Cryptobranchus alleganiensis bishopi) 
throughout its entire range. The species is found in southern Missouri 
and northern Arkansas. If we finalize this proposed rule, it would 
extend the Act's protection to the Ozark hellbender. However, we find 
that designation of critical habitat is not prudent for the Ozark 
hellbender at this time, because the increased threat to the species 
from illegal collection and trade outweighs the benefits of designating 
critical habitat. We seek data and comments from the public on this 
proposed listing rule and prudency determination.

DATES: We will accept comments received on or before November 8, 2010. 
We must receive requests for public hearings, in writing, at the 
address shown in the FOR FURTHER INFORMATION CONTACT section by October 
25, 2010.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments to Docket No. FWS-R3-
ES-2009-0009.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: Docket No. FWS-R3-ES-2009-0009; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: Charles Scott, Field Supervisor, at 
the U.S. Fish and Wildlife Service, Columbia Missouri Ecological 
Services Field Office, 101 Park De Ville Dr., Suite A, Columbia, MO 
65203 (telephone 573-234-2132). If you use a telecommunications device 
for the deaf (TDD), please call the Federal Information Relay Service 
(FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, we request 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule to list the Ozark hellbender as 
endangered. We particularly seek comments concerning:
    (1) Population survey results for the Ozark hellbender, as well as 
any studies that may show distribution, status, population size, or 
population trends, including indications of recruitment.
    (2) Pertinent aspects of life history, ecology, and habitat use of 
the Ozark hellbender.
    (3) Current and foreseeable threats faced by the Ozark hellbender 
in relation to the five factors (as defined in section 4(a)(1) of the 
Act (16 U.S.C. 1531 et seq.)):
    (a) The present or threatened destruction, modification, or 
curtailment of the species' habitat or range;
    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (c) Disease or predation;
    (d) The inadequacy of existing regulatory mechanisms; or
    (e) Other natural or manmade factors affecting its continued 
existence and threats to the species or its habitat.
    (4) Our determination of ``not prudent'' for critical habitat.
    (5) Whether there is a need for us to consider developing a 
``similarity of appearance'' listing for the eastern hellbender. 
Section 4(e) of the Act (similarity of appearance cases) allows the 
Secretary to treat any species as an endangered or threatened species 
under the Act if he finds that: (A) It (in this case, the eastern 
hellbender) closely resembles a listed species (in this case, the Ozark 
hellbender) and enforcement personnel would have substantial difficulty 
differentiating between the listed and unlisted species; (B) the effect 
of this difficulty is an additional threat to the listed species: and 
(C) such treatment of the unlisted species would substantially 
facilitate enforcement of the Act for Ozark hellbender.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We will not 
accept comments sent by e-mail or fax or to an address not listed in 
the ADDRESSES section.
    We will post your entire comment--including your personal 
identifying information--on https://www.regulations.gov. If you provide 
personal identifying information in addition to the required items 
specified in the previous paragraph, such as your street address, phone 
number, or e-mail address, you may request at the top of your document 
that we withhold this information from public review. However, we 
cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov, or by 
appointment, during normal business hours at the Columbia Missouri 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT 
section).

Background

Species Description
    The Ozark hellbender is a large, strictly aquatic salamander 
endemic to streams of the Ozark plateau in southern Missouri and 
northern Arkansas. Its

[[Page 54562]]

dorso-ventrally flattened body form enables movements in the fast-
flowing streams it inhabits (Nickerson and Mays 1973a, p. 1). Ozark 
hellbenders have a large, keeled tail and tiny eyes. An adult may 
attain a total length of 11.4 to 22.4 inches (in) (29 to 57 centimeters 
(cm)) (Dundee and Dundee 1965, pp. 369-370; Johnson 2000, p. 41). 
Numerous fleshy folds along the sides of the body provide surface area 
for respiration (Nickerson and Mays 1973a, pp. 26-28) and obscure their 
poorly developed costal grooves (grooves in the inner border of the 
ribs; Dundee 1971, p. 101.1). Ozark hellbenders are distinguishable 
from eastern hellbenders (Cryptobranchus alleganiensis alleganiensis) 
by their smaller body size, dorsal blotches, increased skin mottling, 
heavily pigmented lower lip, smooth surfaced lateral line system, and 
reduced spiracular openings (openings where water is expelled out of 
the body) (Grobman 1943, p. 6; Dundee 1971, p. 101.3; Peterson et al. 
1983, pp. 227-231; LaClaire 1993, pp. 1-2). Despite these 
distinguishing characteristics, the two subspecies are not easily or 
readily distinguishable absent the presence of both subspecies or when 
encountered outside of their subspecies' range.
Taxonomy
    The Ozark hellbender was originally described as Cryptobranchus 
bishopi by Grobman (1943, pp. 6-9) from a specimen collected from the 
Current River in Carter County, Missouri. Due to the small amount of 
genetic variation in the genus Cryptobranchus (Merkle et al. 1977, pp. 
550-552; Shaffer and Breden 1989, pp. 1017-1022), Dundee and Dundee 
(1965, p. 370) referred to the Ozark hellbender as a subspecies of the 
eastern hellbender, C. alleganiensis. This designation persisted until 
Collins (1991, pp. 42-43) revived C. bishopi, due to the lack of 
intergradation between the eastern and Ozark hellbenders because of the 
allopatry (occurring in separate, nonoverlapping geographic areas) of 
the populations (Dundee 1971, p. 101.1). Although Ozark hellbenders 
have been shown to be phenotypically and genetically distinct from 
eastern hellbenders (Grobman 1943, pp. 6-9; Dundee and Dundee 1965, p. 
370; Dundee 1971, p. 101.1; Routman 1993, pp. 410-415; Kucuktas et al. 
2001, p. 127), we will continue to use C. a. bishopi, which is the name 
currently recognized by the Committee on Standard English and 
Scientific Names (Crother et al. 2008, p. 15). Although discussion 
continues over the taxonomic status of the Ozark hellbender, the 
designation of the Ozark hellbender as a species or subspecies does not 
affect its qualification for listing under the Act (16 U.S.C. 1531 et 
seq.). Careful review of the Ozark hellbender's taxonomic information 
confirms it is a valid subspecies.
Habitat and Life History
    Eastern and Ozark hellbenders are similar in habitat selection, 
movement, and reproductive biology (Nickerson and Mays 1973a, pp. 44-
55). Published works on the eastern hellbender provide insights into 
Ozark hellbender ecology. Adult Ozark hellbenders are frequently found 
beneath large rocks in moderate to deep (less than 3 feet (ft) to 9.8 
ft (less than 1 meter (m) to 3 m)), rocky, fast-flowing streams in the 
Ozark plateau (Johnson 2000, p. 42; Fobes and Wilkinson 1995, pp. 5-7). 
In spring-fed streams, Ozark hellbenders will often concentrate 
downstream of the spring, where there is little water temperature 
change throughout the year (Dundee and Dundee 1965, p. 370). Adults are 
nocturnal, remaining beneath cover during the day and emerging to 
forage at night, primarily on crayfish. They are diurnal during the 
breeding season (Nickerson and Mays 1973a, pp. 40-41; Noeske and 
Nickerson 1979, p. 92 and p. 94). Ozark hellbenders are territorial and 
will defend occupied cover from other hellbenders (Nickerson and Mays 
1973a, pp. 42-43). This species migrates little throughout its life. 
For example, one tagging study revealed that 70 percent of marked 
individuals moved less than 100 ft (30 m) from the site of original 
capture (Nickerson and Mays 1973b, p. 1165). Home ranges average 91.9 
square (sq) ft (28 sq m) for females and 265.7 sq ft (81 sq m) for 
males (Peterson and Wilkinson 1996, p. 126).
    Hellbenders are habitat specialists that depend on consistent 
levels of dissolved oxygen, temperature, and flow (Williams et al. 
1981, p. 97). The lower dissolved-oxygen levels found in warm or 
standing water do not provide for the hellbender's respiratory needs. 
In fact, hellbenders have been observed rocking or swaying in still, 
warm water (Williams et al. 1981, p. 97) to increase their exposure to 
oxygen. Hutchison and Hill (1976, p. 327) found that the hellbender 
exhibits a preferred mean water temperature of 11.6 [deg]C (52.9 
[deg]F), 17.7 [deg]C (63.9 [deg]F), and 21.7 [deg]C (71.1 [deg]F) for 
individuals acclimatized to temperatures of 5 [deg]C (41 [deg]F), 15 
[deg]C (59 [deg]F), and 25 [deg]C (77 [deg]F), respectively. Hutchison 
et al. (1973, p. 807) found the mean critical thermal maxima (the 
temperature at which animals lose their organized locomotory ability 
and are unable to escape from conditions that would promptly lead to 
their death) of Ozark hellbenders was 32.7 [deg]C (90.9 [deg]F) at 5 
[deg]C (41 [deg]F) acclimation, 32.9 [deg]C (91.2 [deg]F) at 15 [deg]C 
(59 [deg]F), and 36.5 [deg]C (97.7 [deg]F) at 25 [deg]C (77[deg] F).
    Typically, Ozark hellbender populations are dominated by older, 
large adults (Nickerson and Mays 1973a, p. 1; Peterson et al. 1983, pp. 
227-231; LaClaire 1993, p. 2). Hellbenders are long-lived, capable of 
living 25 to 30 years in the wild (Peterson et al. 1983, p. 228). 
Hellbenders may live up to 29 years in captivity (Nigrelli 1954, p. 
297).
    Individuals mature sexually at 5 to 8 years of age (Bishop 1941, 
pp. 49-50; Dundee and Dundee 1965, p. 370), and males normally mature 
at a smaller size and younger age than females. Female hellbenders are 
reported to be sexually mature at a total length of 14.6 to 15.4 in (37 
to 39 cm), or approximately 6 to 8 years (Nickerson and Mayes 1973a, p. 
54; Peterson et al. 1983, p. 229; Taber et al. 1975, p. 638). Male 
hellbenders have been reported to reach sexual maturity at a total 
length of 11.8 in (30 cm), or approximately 5 years (Taber et al. 1975, 
p. 638).
    Breeding generally occurs between mid-September and early October 
(Johnson 2000, p. 42). Males prepare nests beneath large flat rocks or 
submerged logs. Ozark hellbenders mate via external fertilization, and 
males will guard the fertilized eggs from predation by other 
hellbenders (Nickerson and Mays 1973a, p. 42 and p. 48). Clutch sizes 
vary from 138 to 450 eggs per nest (Dundee and Dundee 1965, p. 369), 
and eggs hatch after approximately 80 days (Bishop 1941, p. 47). 
Hatchlings and larvae are rarely collected during surveys due to low 
detectability. Larvae and small individuals hide beneath small stones 
in gravel beds (Nickerson and Mays 1973a, p. 12; LaClaire 1993, p. 2). 
Although there is little information on the diet of larval hellbenders, 
it is generally believed that aquatic insects comprise their primary 
food source. In one of the few studies on larval diet, Pitt and 
Nickerson (2006, p. 69) found that the stomach of a larval Eastern 
hellbender from the Little River in Tennessee exclusively contained 
aquatic insects.
    During or shortly after eggs are laid, males and females may prey 
upon their own and other individuals' clutches. Most hellbenders 
examined during the breeding season contain between 15 and 25 eggs in 
their stomachs (Smith 1907, p. 26). Males frequently regurgitate eggs 
(King 1939, Pfingsten 1990 p. 548; Pfingsten 1990, p. 49), and females 
sometimes eat their own eggs while ovipositing (laying) them (Nickerson 
and Mays 1973a, p. 46). Topping and Ingersol (1981, p. 875) found that 
up to 24 percent of the gravid (egg-bearing)

[[Page 54563]]

females examined from the Niangua River in Missouri retained their eggs 
and eventually reabsorbed them.
Range
    Ozark hellbenders are endemic to the White River drainage in 
northern Arkansas and southern Missouri (Johnson 2000, pp. 40-41), 
historically occurring in portions of the Spring, White, Black, Eleven 
Point, and Current Rivers and their tributaries (North Fork White 
River, Bryant Creek, and Jacks Fork) (LaClaire 1993, p. 3). Currently, 
hellbenders are considered extirpated in the mainstem White, Black, and 
Spring Rivers and Jacks Fork, and their range has been considerably 
reduced in the remaining rivers and tributaries.
    The other subspecies of hellbender, the eastern hellbender, occurs 
in central and eastern Missouri (in portions of the Missouri drainage 
in south-central Missouri and the Meramec (Mississippi drainage), but 
its range does not overlap with that of the Ozark hellbender. The 
eastern hellbender's range extends eastward to New York, Georgia, and 
the States in between.
Population Estimates and Status
    Evidence indicates Ozark hellbenders are declining throughout their 
range (Wheeler et al. 2003, pp. 153 and 155), and no populations appear 
to be stable. Declines have been evident throughout the range of the 
eastern hellbender as well, which receives protective status in many 
eastern States.
    At the request of the Saint Louis Zoo's Wildcare Institute, the 
Conservation Breeding Specialist Group (CBSG) facilitated a Population 
and Habitat Viability Analysis (PHVA) for the Ozark and eastern 
hellbender in August 2006. Thirty workshop participants explored 
threats to hellbender populations and develop management actions aimed 
at understanding and halting their decline. Using the software program 
Vortex (v9.61), the CBSG team prepared and presented a baseline model 
for hellbender populations and worked through the input parameters with 
the participants to optimize the model and determine current and 
projected mean population sizes for all current populations in 75 years 
(Briggler et al. 2007, p. 8 and pp. 80-86). The results of the model 
are presented in the river-specific population accounts below.
    A description of what we know about Ozark hellbender populations 
follows (including current population estimates from the hellbender 
PHVA (Briggler et al. 2007, pp. 83-84)).
    White River - There are only two hellbender records from the main 
stem of the White River. In 1997, a hellbender was recorded in Baxter 
County, Arkansas (Irwin 2008, pers. comm.). No hellbenders were found 
during a 2001 survey of the lower portion of the White River, but in 
2003, an angler caught a specimen in Independence County, Arkansas 
(Irwin 2008, pers. comm.). We do not know whether a viable population 
exists (or whether hellbenders are able to exist) in the main stem of 
the White River or if the individuals captured are members of a relic 
population that was separated from the North Fork White River 
population by Norfork Reservoir. Much of the potential hellbender 
habitat (we do not know whether this habitat was historically occupied) 
was destroyed by the series of dams constructed in the 1940s and 1950s 
on the upper White River, including Beaver, Table Rock, Bull Shoals, 
and Norfork Reservoirs.
    North Fork White River - The North Fork White River (North Fork) 
historically contained a considerable hellbender population. In 1973, 
results of a mark-recapture study indicated approximately 1,150 
hellbenders within a 1.7-mile (mi) (2.7-kilometer (km)) reach of the 
North Fork in Ozark County, Missouri, with a density of one individual 
per 26.2 to 32.8 sq ft (8 to 10 sq m; Nickerson and Mays 1973b, p. 
1165). Ten years later, hellbender density in a 2.9-mi (4.6-km) section 
of the North Fork in the same county remained high, with densities 
between one per 19.7 sq ft (6 sq m) and one per 52.5 sq ft (16 sq m; 
Peterson et al. 1983, p. 230). Individuals caught in this study also 
represented a range of lengths from 6.8 to 21.7 in (172 to 551 
millimeters (mm)), indicating that reproduction was occurring in this 
population, and most individuals were sized between 9.8 and 17.7 in 
(250 and 449 mm). In a 1992 qualitative study in Ozark County, 
Missouri, 122 hellbenders were caught during 49 person-hours of 
searching the North Fork (Ziehmer and Johnson 1992, p. 2). Those 
individuals ranged in length from 10 to 18 in (254 to 457 mm), and no 
average size was included in that publication.
    Until the 1992 study, the North Fork population appeared to be 
relatively healthy. However, in a 1998 study of the same reach of river 
censused in 1983 (Peterson et al. 1983, pp. 225-231) and using the same 
collection methods, only 50 hellbenders were captured (Wheeler et al. 
1999, p. 18). These individuals ranged in length from 7.9 to 20.0 in 
(200 to 507 mm), with most between 15.7 and 19.7 in (400 and 500 mm), 
and were on average significantly longer than those collected 20 years 
earlier (Wheeler 1999, p. 15). This shift in length distribution was 
not a result of an increase in maximum length of individuals; instead, 
there were fewer individuals collected in the smaller size classes. To 
compare results between these qualitative and quantitative studies, 
Wheeler et al. (1999, p. 4) converted historical hellbender collections 
(Peterson et al. 1983, pp. 225-231) to numbers of individuals caught 
per day. In addition, the other studies that were not included in that 
conversion (Peterson et al. 1988, pp. 291-303; Ziehmer and Johnson 
1992, pp. 1-5) have been converted here. For comparison purposes, one 
search day is defined as 8 hours of searching by 3 people (24 person-
hours). The use of ``search day'' may be an underestimate of actual 
effort, and this conservative estimate of effort will likely result in 
a modest estimate of hellbender population declines. Therefore, in 
1983, approximately 51 hellbenders were caught per search day (Peterson 
et al. 1983, pp. 225-231). In 1992, 60 hellbenders per day were caught 
(Ziehmer and Johnson 1992, p. 2), and, in 1998, 16 hellbenders per day 
were caught (Wheeler 1999, p. 12).
    The North Fork had been considered the stronghold of the species in 
Missouri, and the populations inhabiting this river had been deemed 
stable (Ziehmer and Johnson 1992, p. 3; LaClaire 1993, pp. 3-4). 
However, these populations now appear to be experiencing declines 
similar to those in other streams. The collection of young individuals 
has become rare, indicating little recruitment. Although Briggler 
(2008a, pers. comm.) did find some younger hellbenders in this river 
during his 2005 surveys, he has not found any larvae despite extensive 
effort. In species such as the hellbender, which are long lived and 
mature at a relatively late age, detecting declines related to 
recruitment can take many years, as recruitment under healthy 
population conditions is typically low (Nickerson and Mays 1973a, p. 
54). In 2006, hellbender experts (researchers and State herpetologists) 
estimated the current population in the North Fork to be 200 
individuals (Briggler et al. 2007, p. 83). In surveys conducted between 
1969 and 1979, researchers caught from 8 to 12 hellbenders per hour 
(Nickerson and Briggler 2007, p. 213). For comparison, surveys of the 
same 15.5-mi (25-km) section of the North Fork in 2005 and 2006 
averaged 0.5 hellbenders per hour (Nickerson and Briggler 2007, p. 
213). Therefore, a dramatic decline is apparent in the North Fork.
    Bryant Creek- Bryant Creek is a tributary of the North Fork in 
Ozark County, Missouri, which flows into Norfork Reservoir. Ziehmer and 
Johnson

[[Page 54564]]

(1992, p. 2) expected to find hellbenders in this stream during an 
initial survey, but none were captured or observed after 22 person-
hours. This apparent lack of the species conflicted with reports from 
Missouri Department of Conservation (MDC) personnel and an angler who 
reported observations of fairly high numbers of hellbenders in Bryant 
Creek during the winter months (Ziehmer and Johnson 1992, p. 3). A 
subsequent survey of the creek resulted in the capture of six 
hellbenders (Wheeler et al. 1999, p. 7), confirming the existence of a 
population in this tributary. This population, however, is isolated 
from the other North Fork White River populations by Norfork Reservoir, 
which could contribute to this population's apparent small size. During 
MDC surveys conducted in 2007, no individuals were found in areas where 
the six individuals were found in 1998. However, five individuals were 
found in areas of Bryant Creek not surveyed in 1998. This population 
has been historically low and is not considered viable (Briggler 2008b, 
pers. comm.).
    Black River - There is one documented record of a hellbender in the 
Black River above its confluence with the Strawberry River on the 
Independence-Jackson County line (Arkansas) in 1978 (Irwin 2008, pers. 
comm.). Portions of the Black River in Missouri were surveyed in 1999 
by researchers at Arkansas State University, but no hellbenders were 
observed (Wheeler et al. 1999, p. 18). Currently, the Black River does 
not appear to have conditions suitable for hellbenders, although it may 
have been occupied before intensive agricultural practices were begun 
in the area (Irwin 2008, pers. comm.). The Black River is presumed to 
be part of the historical range of the subspecies, because hellbenders 
have been documented in several of its tributaries, including the 
Spring, Current, and Eleven Point Rivers (Firschein 1951, p. 456; 
Trauth et al. 1992, p. 83). In 2004, MDC surveyed areas in Missouri 
that had been searched in 1999 (Wheeler et al. 1999, p. 18), as well as 
areas not searched in 1999 that had anecdotal reports of hellbenders. 
No hellbenders were found during this 2-day survey. The habitat was 
considered less than ideal because it was predominantly composed of 
igneous rocks, which lack the cracks and crevices necessary for 
hellbender inhabitance. Parts of the Black River, with suitable 
dolomite rock, might have contained a small population at one time 
(Briggler 2008b, pers. comm.).
    Spring River - The Spring River, a tributary of the Black River, 
flows from Oregon County, Missouri, south into Arkansas. Hellbender 
populations have been found in the Spring River near Mammoth Spring in 
Fulton County, Arkansas (LaClaire 1993, p. 3). In the early 1980s, 370 
individuals were captured during a mark-recapture study along 4.4 mi (7 
km) of stream south of Mammoth Spring (Peterson et al. 1988, p. 293). 
Hellbender density at each of the two surveyed sites was fairly high 
(approximately one per 75.5 square (sq) ft (23 sq m) and one per 364 sq 
ft (111 sq m)). These individuals were considerably larger than 
hellbenders captured from other streams during the same time period, 
with 74 percent of Spring River hellbenders having a total length of 
more than 17.7 in (450 mm), with a maximum length of 23.6 in (600 mm) 
(Peterson et al. 1988, p. 294). This may indicate that Spring River 
populations are genetically distinct from other hellbender populations. 
This speculation was upheld by the conclusions of a genetic study of 
the Spring, Current, and Eleven Point River populations (Kucuktas et 
al. 2001, pp. 131-135). In 1991, surveyors searched 10 sites for 
hellbenders along a 16.2-mi (26-km) stream reach but observed only 20 
individuals during 41 search-hours over a 6-month period (Trauth et al. 
1992, p. 83). This 6-month survey included the two sites surveyed in 
the early to mid-1980s in which surveyors captured 370 hellbenders, 
along with eight additional sites upstream and downstream (Peterson et 
al. 1988, pp. 291-303; Trauth et al. 1992, p. 83). No size class 
information is available, although the large sizes of captures reported 
in Peterson et al. (1988, p. 294) may be indicative of a population 
experiencing little recruitment.
    Researchers with Arkansas State University surveyed the Spring 
River from autumn 2003 through spring 2004, performing 50 hours of 
search effort and finding only four Ozark hellbenders. These animals 
were removed from the river and were housed at the Mammoth Spring 
National Fish Hatchery but have since died, most likely due to water 
quality issues at the hatchery. Arkansas State University researchers 
found four and one individual during 2005 and 2006 surveys, 
respectively. Hellbenders have declined in this stream and have likely 
succumbed to the threats of water quality degradation, aquatic 
vegetation encroachment, and illegal commercial and scientific 
collection (Irwin 2008, pers. comm.). Although experts estimated the 
population in the Spring River to be at most 10 individuals, the 
population in this river is considered extirpated and the possibility 
of this stream being re-inhabited under present conditions is minimal 
because of the magnitude of habitat degradation (Briggler et al. 2007, 
p. 83; Irwin 2008, pers. comm.).
    Eleven Point River - The Eleven Point River, a tributary of the 
Black River that occurs in Missouri and Arkansas, has been surveyed 
several times since the 1970s. Wheeler (1999, p. 10) analyzed 
historical data. In 1978, 87 hellbenders were captured in Oregon 
County, Missouri, over a 3-day period, yielding an average of 29 
hellbenders per day. From 1980 to 1982, 314 hellbenders were captured 
in the same area in 9 collection days, yielding an average of 35 
hellbenders per day; hellbender body lengths over that period ranged 
from 4.7 to 17.8 in (119 to 451 mm). In 1988, Peterson et al. (1988, p. 
293) captured 211 hellbenders from the Eleven Point River and estimated 
hellbender density to be approximately one per 65.6 sq ft (20 sq m). 
Total lengths of these individuals ranged from 4.7 to 17.7 in (120 to 
450 mm), with most between 9.8 and 13.8 in (250 and 350 mm). Although 
the data were not analyzed for captures per day, it can be estimated 
that approximately 40 hellbenders were caught per day during this 
study.
    In 1998, Wheeler (1999, p. 10) captured 36 hellbenders over 4 days 
from the same localities as Peterson et al. (1988, p. 292), for an 
average of nine hellbenders per day. These hellbenders were larger than 
those captured previously, with total lengths of 12.8 to 18.0 in (324 
to 457 mm), and there were considerably fewer individuals in the 
smaller size classes. For comparison, a survey of Peterson et al. 
(1988, p. 293) localities in 2005 resulted in a total of 31 hellbenders 
captured, yielding an average of 2.6 hellbenders captured per day 
(using the search day conversion method presented in the North Fork 
White River discussion). Population declines and reduced recruitment in 
the Eleven Point River in Missouri are indicated (through past survey 
data), although hellbenders are consistently reported during surveys in 
the Eleven Point River in Arkansas (Irwin 2008, pers. comm.).
    Recently in Arkansas (2005 and 2007), however, no more than two or 
three individuals were caught per day. Specifically, the catch per 
person-hour in 2005 was 1.1 hellbenders and in 2007 was 0.9 hellbenders 
for surveys conducted on the Eleven Point River in Arkansas (Irwin 
2008, pers. comm.). Portions of the Eleven Point River watershed in 
Missouri are owned by the Federal Government and managed to protect 
stream and riparian areas from erosion. However, the watershed in

[[Page 54565]]

Arkansas is all privately owned with increased threat from stream bank 
clearing and unrestricted cattle access, which have an increased effect 
(through increased siltation and water quality degradation) on 
remaining populations (Irwin 2008, pers. comm.). In 2006, hellbender 
experts (researchers and State herpetologists) estimated the current 
Eleven Point River population to be 200 individuals in Arkansas and 100 
individuals in Missouri (Briggler et al. 2007, p. 83).
    Current River - The Current River had not been surveyed extensively 
until the 1990s. Nickerson and Mays (1973a, p. 63) reported a large 
hellbender population in this stream, but no numbers were presented. In 
1992, Ziehmer and Johnson (1992, p. 2) found 12 hellbenders in 60 
person-hours in Shannon County, Missouri, or approximately 5 
hellbenders per day using the same search day conversion as presently 
used. These individuals ranged in length from 4.5 in (115 mm) to more 
than 15.0 in (380 mm; maximum length was not reported), with most 
between 13.0 and 15.0 in (330 and 380 mm). In 1999, 14 hellbenders were 
collected over 3 collection days (approximately 5 hellbenders per day), 
also in Shannon County, Missouri, and the individuals ranged from 14.8 
to 20.3 in (375 to 515 mm), with most between 17.7 to 19.7 in (450 to 
499 mm; Wheeler 1999, p. 12). The average size of individuals increased 
by nearly 4 in (100 mm), indicating this population must have a lack of 
recruitment. In 2005 and 2006, researchers found a total of 22 
hellbenders throughout the Current River in a total of 100 hours spent 
searching (equivalent to 1.8 hellbenders per day). In 2006, hellbender 
experts estimated the current population in the Current River to be 80 
individuals (Briggler et al. 2007, p. 83).
    Jacks Fork - Jacks Fork, a tributary of the Current River, was 
surveyed for hellbenders for the first time in 1992 (Ziehmer and 
Johnson 1992, p. 2). Four hellbenders were collected over 66 person-
hours, equating to roughly 2 hellbenders per day. The individuals were 
large, ranging from 13.0 to 16.9 in (330 to 430 mm). No hellbenders 
were found during investigations of Jacks Fork in 2003 and 2006.
Previous Federal Action
    We first identified the Ozark hellbender as a candidate species in 
a notice of review published in the Federal Register on October 30, 
2001 (66 FR 54808). The Ozark hellbender was given a listing priority 
number of 6 due to non-imminent threats of a high magnitude.
    On May 11, 2004, we received a petition dated May 4, 2004, from The 
Center for Biological Diversity to list 225 candidate species, 
including the Ozark hellbender. We received another petition on 
September 1, 2004 (dated August 24, 2004), from Missouri Coalition for 
the Environment and Webster Groves Nature Study Society requesting 
emergency listing of the Ozark hellbender. Based on information 
presented in that petition, we determined that emergency listing was 
not warranted at the time. We notified the petitioners by letter of 
this determination in November 2004. Our finding on that petition was 
included in a May 11, 2005, notice of review published in the Federal 
Register (70 FR 24870).
    In the May 11, 2005, notice of review we changed the listing 
priority number (LPN) for the Ozark hellbender from 6 to 3, the highest 
priority category for a subspecies, because of the increased immediacy 
of threats since the Ozark hellbender was elevated to candidate status 
in 2001. The threat of particular concern was the annual increases in 
recreational pressures on Ozark hellbender rivers. Because collection 
for trade is considered a primary threat, we coordinated with our 
Division of Management Authority to develop, concurrent with this 
proposal, a proposal to list the hellbender (both subspecies) in 
Appendix III of the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (CITES). Elsewhere in today's Federal 
Register, the Service proposes to list the hellbender, including both 
subspecies, in Appendix III of CITES.
Summary of Factors Affecting the Species
    Section 4 of the Endangered Species Act and regulations (50 CFR 
part 424) promulgated to implement the listing provisions of the Act 
set forth the procedures for adding species to the Federal lists. A 
species may be determined to be an endangered or threatened species due 
to one or more of the five factors described in section 4(a)(1) as 
follows: (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
disease or predation; (D) the inadequacy of existing regulatory 
mechanisms; or (E) other natural or manmade factors affecting its 
continued existence.
    In the context of the Act, the term ``threatened species'' means 
any species or subspecies or, for vertebrates, Distinct Population 
Segment (DPS) that is likely to become an endangered species within the 
foreseeable future throughout all or a significant portion of its 
range. The term ``endangered species'' means any species, subspecies, 
or for vertebrates, DPS, that is in danger of extinction throughout all 
or a significant portion of its range. The Act does not define the term 
``foreseeable future.''
    The application of the five factors to the Ozark hellbender 
(Cryptobranchus alleganiensis bishopi) is as follows:

A. The present or threatened destruction, modification, or curtailment 
of its habitat or range.

    One of the most likely causes of the decline of the Ozark 
hellbender in the White River system in Missouri and Arkansas is 
habitat degradation resulting from impoundments, ore and gravel mining, 
sedimentation, nutrient runoff, and nest site disturbance from 
recreational uses of the rivers (Williams et al. 1981, p. 99; LaClaire 
1993, pp. 4-5). Hellbenders are habitat specialists that depend on 
consistent levels of dissolved oxygen, temperature, and flow (Williams 
et al. 1981, p. 97). Therefore, even minor alterations to stream 
habitat are thought to be detrimental to hellbender populations.
Impoundments
    Impoundments impact stream habitat in many ways. When a dam is 
built on a free-flowing stream, riffle and run habitats are converted 
to lentic (still), deep water habitat. As a result, surface water 
temperatures tend to increase, and dissolved oxygen levels tend to 
decrease (Allan and Castillo 2007, pp. 323-324 and pp. 97-98). 
Hellbenders depend upon highly vascularized lateral skin folds for 
respiration. Therefore, lakes and reservoirs are unsuitable habitat for 
Ozark hellbenders, because these areas have lower oxygen levels and 
higher water temperatures (Williams et al. 1981, p. 97; LaClaire 1993, 
p. 5) than do fast-flowing, cool-water stream habitats. Impoundments 
also fragment hellbender habitat, blocking the flow of immigration and 
emigration between populations (Dodd 1997, p. 178). The resulting 
small, isolated populations are more susceptible to environmental 
perturbation and demographic stochasticity, both of which can lead to 
local extinction (Wyman 1990, p. 351).
    In the upper White River, construction of Beaver, Table Rock, Bull 
Shoals, and Norfork dams in the 1940s and 1950s destroyed the potential 
hellbender habitat upstream of Batesville, Arkansas, and effectively 
isolated hellbender populations. Norfork Dam was constructed on the 
North Fork in 1944 and has isolated

[[Page 54566]]

Ozark hellbender populations in Bryant Creek and the White River from 
populations in the North Fork. Populations downstream of Beaver, Table 
Rock, Bull Shoals, and Norfork dams were likely extirpated due to 
hypolimnetic releases from the reservoir. Hypolimnetic releases are 
cooler than normal stream temperatures because they are from a layer of 
water that is below the thermocline, and the water from this layer is 
typically reduced of oxygen because it is noncirculating or does not 
``turn over'' to the surface. Additionally, the tailwater zones below 
dams experience extreme water level fluctuations and scouring for many 
miles downstream. This impacts hellbender populations by washing out 
the pebbles and cobbles used as cover by juveniles and creating 
unpredictable habitat conditions outside the Ozark hellbender's normal 
range of tolerance.
Mining
    Gravel mining, which has occurred in a number of streams within the 
historical range of the Ozark hellbender, has directly contributed to 
Ozark hellbender habitat alteration and loss. Dredging results in 
stream instability both up and downstream of the dredged portion (Box 
and Mossa 1999, pp. 103-104). Head cutting, in which the increase in 
transport capacity of a dredged stream causes severe erosion and 
degradation upstream, results in extensive bank erosion and increased 
turbidity levels (Allan and Castillo 2007, p. 331). Reaches downstream 
of the dredged stream reach often experience aggradation (raised stream 
bed from build-up of sediment) as the sediment transport capacity of 
the stream is reduced (Box and Mossa 1999, p. 104). Gravel mining 
physically disturbs hellbender habitat in dredged areas, and associated 
silt plumes can impact various aspects of the hellbender's life 
requisites (nesting habitat, eggs, prey). In addition, these effects 
reduce crayfish populations, which are the primary prey species for 
Ozark hellbenders. Gravel dredging is widespread in the White River 
systems in southern Missouri and northern Arkansas (LaClaire 1993, p. 
4).
    Portions of the Ozark plateau have a history of being major 
producers of lead and zinc, and some mining activity still occurs in 
the southeastern Ozarks, though at less than historical levels. Results 
of a U.S. Geological Survey (USGS) water quality study conducted from 
1992 to 1995 in the Ozark plateau (Peterson et al. 1998, pp. 12-13) 
revealed that concentrations of lead and zinc in bed sediment and fish 
tissue were substantially higher at sites with historical or active 
mining activity. These concentrations were high enough to suggest 
adverse biological effects, such as reduced enzyme activity or death of 
aquatic organisms. Because hellbenders have highly permeable skin and 
obtain most of their oxygen through subcutaneous respiration, they are 
particularly susceptible to absorbing contaminants such as lead and 
zinc. Furthermore, because Ozark hellbenders are long lived, they may 
be at higher risk of bioaccumulation of harmful chemicals (Peterson et 
al. 1998, pp. 12-13). Although mining for lead and zinc no longer 
occurs within the range of the Ozark hellbender, Petersen et al. showed 
elevated concentrations were still present in the streams where mining 
occurred historically (1998, p. 12). Although it is possible for these 
metals to be transported and diluted, they will not degrade over time; 
therefore, it is likely that lead and zinc concentrations found over 10 
years ago in these rivers would remain similar today (Mosby 2008, pers. 
comm.). In addition, there are historical lead and zinc mining sites 
that are near Ozark hellbender populations on the North Fork in Ozark 
County (Mosby 2008, pers. comm.).
    Increased lead and zinc contamination input to the Current River by 
way of the active Sweetwater Mine on Adair Creek in Reynolds County, 
Missouri, is a potential future risk. Adair Creek is a tributary of 
Logan Creek, a losing stream (loses water as it flows downhill) 
connected to Blue Spring, which discharges to the Current River. 
Although lead and zinc contaminants have been found in Logan Creek, 
there is no evidence that contaminants from Sweetwater mine have made 
it to Blue Spring. However, if the current tailings dam on Adair Creek 
fails, which could be ``a real possibility,'' large concentrations of 
lead and zinc would be added to Blue Spring and the Current River 
(Mosby 2008, pers. comm.).
Water Quality
    Despite the claim by some that many Ozark streams outwardly appear 
pristine, Harvey (1980, pp. 53-60) clearly demonstrated that various 
sources of pollution exist in the ground water in the Springfield-Salem 
Plateaus of southern Missouri. In comparing ground-water quality of 
sites within the Ozark Plateaus (including Arkansas and Missouri) with 
other National Water-Quality Assessment Program (NAWQA) sites, Petersen 
et al. (1998, pp. 9-10) documented that nitrate concentrations in parts 
of the Springfield Plateau aquifer were higher than in most other NAWQA 
drinking-water aquifers, and could possibly affect hellbenders by 
inhibiting their growth, impairing their immune systems, and overall 
causing increased stress. Those study areas were within the current 
distribution of Ozark hellbenders in Arkansas and Missouri.
    Nitrogen and phosphorus are essential plant nutrients found 
naturally in streams. Elevated concentrations of these nutrients, 
however, cause increased growth of algae and aquatic plants in many 
streams and are detrimental to aquatic biota (Petersen et al. 1998, p. 
6). In the Ozark plateau, water is contaminated by nutrients from 
increased human waste (in part due to rapid urbanization and increased 
numbers of septic systems), fertilizers (including land application of 
chicken litter (poultry manure, bedding material, and wasted feed)), 
logging, and expanded industrial agricultural practices such as 
concentrated animal feeding operations. A continuing source of 
sedimentation and contamination is agriculture, which comprises a large 
percentage of the land use within the range of the Ozark hellbender 
(Wheeler et al. 2003, p. 155). Missouri is the second largest beef 
cattle-producing State in the nation, with the majority of animal units 
produced in the Ozarks. Both Arkansas and Missouri are leading States 
in poultry production. The NAWQA data collected in the Ozarks in 1993-
1995 from wells and springs indicated that nitrate concentrations were 
strongly associated with the percentage of agricultural land near the 
wells or springs. Livestock wading in streams, poor agricultural 
practices that degrade vegetated riparian areas, and faulty septic and 
sewage treatment systems have resulted in elevated nitrate levels 
(Petersen et al. 1998, pp. 6-8 and 15).
    Increased recreational use (such as from canoeing, kayaking, 
rafting, inner tube floating, and small horsepower motorboating) also 
impacts the water and habitat quality in rivers inhabited by the Ozark 
hellbender. In 2003, the Missouri Department of Natural Resources added 
an 8-mi (13-km) stretch of the Jacks Fork River to the U.S. 
Environmental Protection Agency Consolidated 2002 Missouri (303(d)) 
list of impaired waters for organic wastes (fecal coliform). Likely 
sources of the contamination include runoff from a commercial horse 
trail ride outfitter, horse stream crossings, and effluent from 
campground pit-toilets (Davis and Richards 2002, pp. 1, 3, and 36).
    The 303(d) list included additional rivers inhabited by Ozark 
hellbenders. A 21-mi (34-km) stretch of the Eleven Point River was 
listed as impaired due

[[Page 54567]]

to unacceptable levels of chlorine and atmospheric deposition of 
mercury. Increased mercury levels have been implicated as a potential 
cause in the decline of other aquatic amphibians, such as the northern 
dusky salamander (Desmognathus fuscus fuscus; Bank et al. 2006, pp. 
234-236). Water quality monitoring on both the North Fork White and 
Eleven Point Rivers in Missouri detected 21 chemicals and elevated 
levels of estrogen in male hellbenders collected during 2002 and 2003, 
respectively (Huang 2004, pers. comm.). The Spring River has also 
suffered from many water quality perturbations over recent decades. In 
the late 1980s, the West Plains (Missouri) wastewater treatment plant 
failed, depositing all stored waste into the Spring River. In addition, 
the majority of the Ozarks region in Missouri and Arkansas is composed 
of karst topography (caves, springs, sinkholes, and losing streams), 
which further complicates transport of potential contaminants.
Siltation
    Sediment inputs from land use activities have, and continue to, 
significantly contribute to habitat degradation. Nickerson and Mays 
(1973a, pp. 55-56) cite a personal communication from S. Minton in 
which sediment accumulation is suspected of destroying eggs and 
juvenile hellbenders. Hellbenders are intolerant of sedimentation and 
turbidity (Nickerson and Mays 1973a, pp. 55-56), which can impact them 
in several ways:
    (1) Sediment deposition of cover rocks reduces or removes suitable 
habitat for adults and can cover and suffocate eggs.
    (2) Sediment fills interstitial spaces in pebble or cobble beds, 
reducing suitable habitat for larvae and subadults (FISRWG 1998, 
chapter 3, p. 19 and p. 25).
    (3) Suspended sediment loads can cause water temperatures to 
increase, as there are more particles to absorb heat, thereby reducing 
dissolved oxygen levels (Allan and Castillo 2007, pp. 323-324).
    (4) Sedimentation can impede the movement of individuals and 
colonization of new habitat (Routman 1993, p. 412).
    (5) The Ozark hellbender's highly permeable skin causes them to be 
negatively affected by sedimentation. Various chemicals, such as 
pesticides, bind to silt particles and become suspended in the water 
column when flushed into a stream. The hellbender's permeable skin 
provides little barrier to these chemicals, which can be toxic (Wheeler 
et al. 1999, pp. 1-2).
    (6) Sedimentation may result in a decline of prey abundance by 
embedding cover rocks.
    Timber harvest and associated activities (construction and 
increased use of unpaved roads, skid trails, and fire breaks) are 
prominent in many areas within the range of the Ozark hellbender and 
increase terrestrial erosion and sedimentation into streams. Peak 
stream flows often rise in watersheds with timber harvesting 
activities, due in part to compacted soils resulting from construction 
of roads and landings (where products are sorted and loaded for 
transportation) and vegetation removal (Allan and Castillo 2007, p. 
332; Box and Mossa 1999, pp. 102-103). The cumulative effects of timber 
harvest on sedimentation rates may last for a couple of decades, even 
after harvest practices have ceased in the area (Frissell 1997, pp. 
102-104).
    Improperly designed and maintained roads cause marginally stable 
slopes to fail, and they also capture surface runoff and channel it 
directly into streams (Allan and Castillo 2007, pp. 321-322 and 340). 
Erosion from roads contributes more sediment than the land harvested 
for timber (Box and Mossa 1999, p. 102).
    Unrestricted cattle access to streams increases erosion and 
subsequent sediment loads (Clary and Kinney 2002, p. 145). This is 
particularly a concern for the Eleven Point River in Arkansas (Irwin 
2008, pers. comm.). Riparian pasture ``retirement'' or exclusion of 
grazing has proven to be an effective means of reducing surface runoff 
pollutant loads to waterways. Runoff levels of sediment, in addition to 
phosphorus, particulate- and nitrate-nitrogen concentrations, have been 
found to be lower at retired riparian pasture than at currently grazed 
riparian pasture sites (Hoorman and McCutcheon 2005, p. 9).
Disturbance
    Habitat disturbance affects hellbender survival in several rivers. 
Most rivers and streams inhabited by hellbenders are extremely popular 
with canoeists, kayakers, rafters, inner tube floaters, or low-
horsepower motorboat operators. In fact, canoe, kayak, and motor and 
jet boat traffic continues to increase on the Jacks Fork, Current, 
Eleven Point, and North Fork Rivers. On the North Fork River, an 
average of five canoes per weekday were observed in 1998, and in 2004, 
that figure increased to 21 canoes per weekday (Pitt 2005, pers. 
comm.). Due to the increasing popularity of these float streams, the 
National Park Service is evaluating options that will reduce the number 
of boats that can be launched daily by concessionaires (Poe 2004, pers. 
comm.). Hellbenders encountered with gashes in their heads suggest that 
watercraft traffic likely impact these animals. New roads, boat ramps, 
and other river access points have been constructed, which lead to 
increased river access and increased disturbance to hellbenders 
(Briggler et al. 2007, p. 64). Off-road vehicle (ORV) recreation is 
also widespread throughout the Ozarks region. ORVs frequently cross 
rivers inhabited by hellbenders and are driven in riverbeds where the 
water is shallow enough to enable this form of recreation. The force 
delivered by a boat or ORV hitting a rock could easily injure or kill a 
hellbender, in addition to destroying hellbender habitat. ORV activity 
also increases erosion and sedimentation by exposing bare erodible 
soils in areas with frequent activity.
    The practice of removing large rocks and boulders (by hand, 
machinery, or dynamite) to reduce damage to canoes is common on many 
hellbender streams (Nickerson and Mays 1973a, p. 56; Wheeler et al. 
1999, p. 4). Rocks are also removed by gardeners for landscaping. Rock 
turning and flipping is also done by crayfish hunters and hobbyists and 
independent researchers (Briggler et al. 2007, p. 61 and p. 66). The 
areas under these large rocks are important habitat for cover and nest 
sites; therefore, overturning or removing these rocks can diminish 
available cover and nest sites for hellbenders.
Best Management Practices (BMPs)
    Currently, a number of activities that can and do result in habitat 
degradation are outside of regulatory oversight. There are no 
regulatory requirements to implement BMPs to protect water quality from 
timber management actions. Existing BMPs by the Arkansas Forestry 
Commission and Missouri Department of Conservation lack mandatory 
requirements for implementing methods to reduce aquatic resource 
impacts associated with timber management. Timber harvest activities 
(for example, logging decks, increased use of unpaved roads, improperly 
designed and maintained roads, skid trails, fire breaks) result in 
erosion and sedimentation. Additionally, there are no laws or 
regulations that preclude livestock from grazing in riparian corridors 
and loafing in streams and rivers.

[[Page 54568]]

Summary of Habitat Destruction and Modification
    The threats to the Ozark hellbender from habitat destruction and 
modification are occurring throughout the entire range of the 
subspecies. These threats include impoundments, mining, water quality 
degradation, siltation, and disturbance from recreational activities.
    The effects of impoundments on Ozark hellbenders are significant 
because impoundments alter habitat directly, isolate populations, and 
change water temperatures and flows below reservoirs. Remaining Ozark 
hellbender populations are small and isolated, in part due to increased 
impoundments over time, making hellbenders vulnerable to individual 
catastrophic events and reducing the likelihood of recolonization after 
localized extirpations.
    Habitat destruction and modification from siltation and water 
quality degradation present a significant and immediate threat to the 
Ozark hellbender. We believe these are the primary causes of the 
population decline. Siltation and water quality degradation are caused 
by industrialization, agricultural runoff, mine waste, and activities 
related to timber harvesting. Increased siltation affects hellbenders 
in a variety of ways, such as suffocating eggs, eliminating suitable 
habitat for all life stages, reducing dissolved oxygen levels, 
increasing contaminants (that bind to sediments), and reducing prey 
populations. Increased nitrate levels and fecal coliform, along with a 
variety of other contaminants from agricultural runoff and increased 
urbanization, have been detected in hellbender streams, which not only 
pose a threat directly to hellbenders but also to Ozark aquatic 
ecosystems in general.
    Recreational pressure (for example, boat traffic, horseback riding, 
and ORV use) in streams inhabited by Ozark hellbenders has increased 
substantially on an annual basis, directly disturbing the habitat. Most 
hellbender rivers are popular with canoeists, kayakers, rafters, inner 
tube floaters, and motorboat operators. Removing large rocks and 
boulders to reduce damage to canoes is a common practice. Gardeners 
remove rocks for use in landscaping. Crayfish hunters, hobbyists, and 
independent researchers turn and flip rocks. This disturbance is 
significant because areas under large rocks are important habitat for 
cover and nest sites; therefore, overturning and removing these rocks 
reduces available cover and nest sites for hellbenders. The threats of 
rock removal and overturning are expected to continue or even increase 
as these recreational activities grow in popularity.

B. Overutilization for commercial, recreational, scientific, or 
educational purposes.

    Anecdotal reports indicate that Ozark hellbenders have been 
collected for commercial and scientific purposes (Trauth et al. 1992, 
p. 85). Although commercial collections are currently illegal in both 
Missouri and Arkansas, information provided by Nickerson and Briggler 
(2007, pp. 207-212) indicates that Ozark hellbenders are sold for the 
pet trade. Because of their protected status in Missouri and Arkansas, 
any actions involving interstate or foreign commerce of Ozark 
hellbenders collected from these states would be prohibited by the 
Federal Lacey Act (16 U.S.C. 3371-3378).
    In Arkansas, hellbenders may be collected with a scientific 
collecting permit from the AGFC; however, no permits are being issued 
currently or are anticipated to be issued in the future because the 
State acknowledges the severely imperiled status of the subspecies 
(Irwin 2008, pers. comm.). Missouri imposed a moratorium on hellbender 
collecting from 1991 to 1996 and has since issued only limited numbers 
of scientific collecting permits (Horner 2008, pers. comm.). Despite 
these restrictions, illegal collecting for the pet trade has been 
documented (Nickerson and Briggler 2007, pp. 208-209) and remains a 
threat throughout the range Briggler (2008b, pers. comm.).
    The illegal and legal collection of hellbenders for research 
purposes, museum collections, zoological exhibits, and the pet trade 
has undoubtedly been a contributing factor to hellbender declines. 
Nickerson and Briggler (2007, pp. 208-211) documented the removal of 
558 hellbenders (approximately 300 animals illegally) from the North 
Fork White River from 1969 to 1989. Anecdotal information suggests 
unauthorized collection of animals on the Spring River in Arkansas 
contributed to the recent population crash, as reaches of the Spring 
River that formerly contained 35 to 40 have had no individuals present 
for more than 10 years (Irwin 2008, pers. comm.). The decline is linked 
to unauthorized collecting because Ozark hellbenders were located in 
one small, easily accessible area of the Spring River, and no other 
event (such as a storm or chemical spill) had occurred in that area 
that would explain such a rapid decline (Irwin 2008, pers. comm.). Such 
amphibians as the hellbender (a relatively slow-moving, aquatic 
species) may be collected with little effort, making them even more 
susceptible to this threat.
    The unauthorized collection of hellbenders, primarily for the pet 
trade, remains a major concern. In 2001, an advertisement in a Buffalo, 
New York, newspaper was selling hellbenders for $50 each (Mayasich et 
al. 2003, p. 20). In 2003, a pet dealer in Florida posted an Internet 
ad that offered ``top dollar'' for large numbers of hellbenders (wanted 
in groups of at least 100; Briggler 2007, pers. comm.). Also in 2003, a 
person in Pennsylvania had an Internet posting stating specifically 
that an Ozark hellbender was wanted, no matter the price or regulatory 
consequence (Briggler 2007, pers. comm.). At the 2005 Hellbender 
Symposium, it was announced that U.S. hellbenders were found for sale 
in Japanese pet stores, which is likely the largest market for this 
species (Briggler, pers. comm. with Okada, 2005). In Japan, the 
majority of hellbenders are sought for pets rather than for food 
(Briggler, pers. comm. with Okada, 2005). As Ozark hellbenders become 
rarer, their market value is likely to increase. In fact, listing the 
subspecies as endangered may also enhance the subspecies potential 
commercial value as the rarity of the subspecies is made public.
    Few U.S. species listed under the Act have commercial value in 
trade; however, the Ozark hellbender does. Due to the market demand and 
the apparent willingness of individuals to collect hellbenders 
illegally, we believe that any action that publicly discloses the 
location of hellbenders (such as publication of specific critical 
habitat maps or locations) puts the species in further peril. For 
example, due to the threat of unauthorized collection and trade, the 
Missouri Department of Conservation and Arkansas Game and Fish 
Commission have implemented extraordinary measures to control and 
restrict information on the locations of Ozark hellbenders and no 
longer make location and survey information readily available to the 
public.
    Recreational fishing may also negatively impact Ozark hellbender 
populations due to animosity towards hellbenders, which some anglers 
believe to be poisonous and to interfere with fish production (Gates et 
al. 1985, p. 18). In addition, there are unpublished reports of 
hellbenders accidentally killed by frog or fish gigging (spearing), 
when a hellbender may get speared inadvertently (Nickerson and Briggler 
2007, pp. 209 and 212). The MDC reports that gigging popularity and 
pressure have increased, which

[[Page 54569]]

increases a potentially significant threat to hellbenders during the 
breeding season when they tend to move greater distances and congregate 
in small groups where they are an easy target for giggers (Nickerson 
and Briggler 2007, p. 212). The gigging season for suckers (fish mainly 
in the Catostomidae family) spans the reproductive season of the Ozark 
hellbender in the North Fork White River and overlaps that of the 
hellbender in other river basins as well. The sucker gigging season 
opens September 15, during the peak breeding period when hellbenders 
are most active and, therefore, most exposed. Gigging is popular in 
hellbender streams to such a degree that marks are often noticed on the 
bedrock and the river bottom from giggers' spears (Briggler 2007, pers. 
comm.). Although the chance of finding a gigged hellbender can be 
limited (due to presence of scavengers and the fast decomposition rate 
of amphibians), two gigged hellbenders were found along the stream bank 
on the North Fork White River in 2004 (Huang 2007, pers. comm.). In 
their studies of Missouri hellbenders, Nickerson and Mays (1973a, p. 
56) found dead gigged specimens, and they reference data showing how 
susceptible the species is to this threat. Ozark hellbenders are 
sometimes unintentionally caught by anglers. However, catching 
hellbenders while fishing is not a frequent occurrence and is not 
believed to be a significant threat to the species, especially if 
anglers follow instructions posted by the Missouri Department of 
Conservation to remove the hook or cut the fishing line and return the 
hellbender to the stream (Briggler 2009, pers. comm.).
Summary of Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes
    The Ozark hellbender is a rare and unique amphibian that has 
experienced extensive collection from the wild for various reasons. Due 
to the continued decline of the Ozark hellbender and history of its 
collection, State agencies in Missouri and Arkansas have implemented 
measures to reduce the threat of collection. These measures include 
moratoriums on issuance of scientific collecting permits; prohibiting 
the collection, possession, and sale of hellbender under appropriate 
State wildlife statutes; and controlling information on the location of 
hellbenders. The unauthorized collection of Ozark hellbenders for 
commercial sale in the pet trade, however, continues to be a 
significant threat.

C. Disease or predation

Disease (Chytridiomycosis)
    Background -- Chytridiomycosis (also known as chytrid fungus), a 
highly infectious amphibian disease caused by the pathogen 
Batrachochytrium dendrobatidis, is recently recognized to have a 
significant negative effect on the Ozark hellbender. B. dendrobatidis 
has been demonstrated to infect and kill all life stages of an 
increasing number of amphibian species worldwide (Berger et al. 1998, 
pp. 9031-9036). The Ozark hellbender is now included on the ever-
increasing global list of amphibian species potentially affected by 
this fatal pathogen (Speare and Berger 2005, pp. 1-9).
    The chytrid fungus attacks the keratinized tissue of amphibians' 
skin, which can lead to clinical signs of disease presence, such as 
thickened epidermis, lesions, body swelling, lethargy, abnormal 
posture, loss of righting reflex, and death (Daszak et al. 1999, pp. 
737-738; Bosch et al. 2001, p. 331; Carey et al. 2003, p. 130). It is 
believed that the amphibian chytrid fungus originated from Africa with 
the African clawed frog (Xenopus laevis), used throughout the United 
States in the 1930s and 1940s for pregnancy testing. This pathogen is 
now found on all continents except Asia, where species are currently 
being tested (Weldon et al. 2004, pp. 2100-2105; Speare and Berger 
2005, pp. 1-9).
    Currently, there are two theories on the development of the chytrid 
fungus as a global amphibian pathogen. One theory is that the chytrid 
fungus is not a new pathogen, but has increased in virulence or in host 
susceptibility caused by other factors (Berger et al. 1998, p. 9036). 
The other, more widely supported theory is that B. dendrobatidis is an 
introduced species whose spread has been described as an epidemic 
`wave-like' front (Lips et al. 2006, pp. 3166-3169; Morehouse et al. 
2003, p. 400).
    B. dendrobatidis lives in aquatic systems in which it `swims' 
(using spores) through the water and reproduces asexually. B. 
dendrobatidis develops most rapidly at 73.4 [deg]F (23 [deg]C) in 
culture, with slower growth rate at 82.4 [deg]F (28 [deg]C) and 
reversible stop of growth at 84.2 [deg]F (29 [deg]C; Daszak et al. 
1999, p. 741). The temperatures in Ozark streams are ideal for the 
spread and persistence of this pathogen. Based on U.S. Geological 
Survey water data from 1996-2006, the maximum temperature of these 
hellbender streams is 77.0 to 80.6 [deg]F (25 to 27 [deg]C), although 
the average water temperature over 1 year (for Eleven Point, Current, 
and North Fork White River) is approximately 59.0 to 60.8 [deg]F (15 to 
16 [deg]C; Barr 2008, pers. comm.) .
    Persistence of the chytrid fungus may be further enhanced by 
saprophytic development (obtaining nourishment from dead or decaying 
material in water; Daszak et al. 1999, p. 740). Johnson and Speare 
(2003, pp. 923-924) found that B. dendrobatidis can survive 
saprophytically outside the amphibian host for up to 7 weeks in lake 
water and 3 to 4 weeks in tap water. Further, Carey et al. (2003, p. 
130) found that amphibians can be infected when placed either in water