Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Panama City Crayfish, 330-341 [2017-28313]

Download as PDF 330 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Proposed Rules process. Applicants who claim a competitive bidding exemption must submit relevant documentation to allow the Administrator to verify that the applicant is eligible for the claimed exemption. * * * * * ■ 7. Amend § 54.645 by revising paragraph (b) to read as follows: § 54.645 Payment Process. * * * * * (b) Before the Administrator may process and pay an invoice, both the Consortium Leader (or health care provider, if participating individually) and the vendor must certify that they have reviewed the document and that it is accurate. The service provider must certify on the invoice that it has reviewed all applicable requirements for the program, including the competitive bidding requirements described in § 54.642, and has complied with those requirements. All invoices must be received by the Administrator within six months (180 days) of the end date of the time period covered by the funding commitment. [FR Doc. 2017–27746 Filed 1–2–18; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R4–ES–2017–0061; 4500030113] RIN 1018–BC14 Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Panama City Crayfish Fish and Wildlife Service, Interior. ACTION: Proposed rule. AGENCY: We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Panama City crayfish (Procambarus econfinae), a semi-terrestrial crayfish species native to Bay County, Florida, as a threatened species under the Endangered Species Act (Act). After review of the best available scientific and commercial information, we find that listing this species is warranted. Accordingly, we propose to list the Panama City crayfish as a threatened species under the Act. If we finalize this rule as proposed, it would extend the Act’s protections to this species and add this species to the Federal List of jstallworth on DSKBBY8HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 15:19 Jan 02, 2018 Jkt 244001 Endangered and Threatened Wildlife (List). DATES: We will accept comments received or postmarked on or before March 5, 2018. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date. We must receive requests for public hearings, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by February 20, 2018. ADDRESSES: Document availability: The report upon which this proposed rule is based (see SUPPLEMENTARY INFORMATION) is available at https:// www.regulations.gov in Docket No. FWS–R4–ES–2017–0061 and on the Service’s Southeast Region website at https://www.fws.gov/southeast/. Comment submission: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: https:// www.regulations.gov. In the Search box, enter FWS–R4–ES–2017–0061, which is the docket number for this rulemaking. Then, in the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rules link to locate this document. You may submit a comment by clicking on ‘‘Comment Now!’’ (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS–R4–ES–2017– 0061; U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041–3803. We request that you send comments only by the methods described above. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see Public Comments, below, for more information). FOR FURTHER INFORMATION CONTACT: Catherine Phillips, Field Supervisor, U.S. Fish and Wildlife Service, Panama City Ecological Services Field Office, 1601 Balboa Avenue, Panama City, FL 32405; telephone 850–769–0552; facsimile 850–763–2177. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: Executive Summary Why we need to publish a rule. Under the Act, if we determine that a species is an endangered or threatened species throughout all or a significant portion of its range, we are required to promptly publish a proposal in the Federal PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 Register and make a determination on our proposal within 1 year. Critical habitat shall be designated, to the maximum extent prudent and determinable, for any species determined to be an endangered or threatened species under the Act. Listing a species as an endangered or threatened species and designations and revisions of critical habitat can be completed only by issuing a rule. This rule proposes adding the Panama City crayfish (Procambarus econfinae) as a threatened species to the List of Endangered and Threatened Wildlife in title 50 of the Code of Federal Regulations (50 CFR 17.11(h)). The basis for our action. Under the Act, we may determine that a species is an endangered or threatened species based on any of five factors: (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. We have determined that habitat loss and fragmentation from development (Factor A) is the primary threat to the Panama City crayfish. Supporting Documents A species status assessment (SSA) team prepared an SSA report for the Panama City crayfish. The SSA team was composed of Service biologists, in consultation with other species experts. The SSA report represents a compilation of the best scientific and commercial data available concerning the status of the species, including the impacts of past, present, and future factors (both negative and beneficial) affecting the species. Maps depicting the historical range and current populations are included in the SSA for reference. Peer review. We solicited independent peer review of the SSA Report by six individuals with expertise in crayfish; aquatic invertebrates, population, or landscape ecology; genetics and conservation genetics; and/or speciation and conservation biology. We received comments from one of the six peer reviewers. The SSA report and other materials relating to this proposal can be found on the Service’s Southeast Region website at https://www.fws.gov/ southeast/ and at https:// www.regulations.gov under Docket No. FWS–R4–ES–2017–0061. E:\FR\FM\03JAP1.SGM 03JAP1 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Proposed Rules Information Requested jstallworth on DSKBBY8HB2PROD with PROPOSALS Public Comments We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from other concerned governmental agencies, Native American tribes, the scientific community, industry, or any other interested parties concerning this proposed rule. We particularly seek comments concerning: (1) The Panama City crayfish’s biology, range, and population trends, including: (a) Biological or ecological requirements of the species, including habitat requirements for feeding, breeding, and sheltering; (b) Genetics and taxonomy; (c) Historical and current range, including distribution patterns; (d) Historical and current population levels, and current and projected trends; and (e) Past and ongoing conservation measures for the species, its habitat, or both. (2) Factors that may affect the continued existence of the species, which may include habitat modification or destruction, overutilization, disease, predation, the inadequacy of existing regulatory mechanisms, or other natural or manmade factors. (3) Biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to this species and existing regulations that may be addressing those threats. (4) Additional information concerning the historical and current status, range, distribution, and population size of this species, including the locations of any additional populations of this species. (5) Specific prohibitions and exceptions to those prohibitions that may be necessary and advisable for the Panama City crayfish’s conservation. We intend to publish, as appropriate, a more tailored proposed rule with provisions set forth under section 4(d) of the Act for public review and comment in the future. Activities we are considering for potential exemption under a section 4(d) rule include, but are not necessarily limited to, exceptions for: (a) Specific soil and vegetation restoration activities that will benefit the Panama City crayfish; (b) Water quality improvement; (c) Genetic and population monitoring; VerDate Sep<11>2014 15:19 Jan 02, 2018 Jkt 244001 (e) Activities that maintain native vegetation near occupied or likely to be occupied Panama City crayfish habitat; (f) Sustainable silviculture practices that primarily occur adjacent to Panama City crayfish habitat and that are implemented according to certified best management practices; or (g) Any additional activities that should fall under the 4(d) rule. Please include sufficient information with your submission (such as scientific journal articles or other publications) to allow us to verify any scientific or commercial information you include. Please note that submissions merely stating support for or opposition to the action under consideration without providing supporting information, although noted, will not be considered in making a determination, as section 4(b)(1)(A) of the Act directs that determinations as to whether any species is an endangered or threatened species must be made ‘‘solely on the basis of the best scientific and commercial data available.’’ You may submit your comments and materials concerning this proposed rule by one of the methods listed in ADDRESSES. We request that you send comments only by the methods described in ADDRESSES. If you submit information via https:// www.regulations.gov, your entire submission—including any personal identifying information—will be posted on the website. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on https://www.regulations.gov. Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on https://www.regulations.gov, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Panama City Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). Public Hearing Section 4(b)(5) of the Act provides for one or more public hearings on this proposal, if requested. Requests must be received by the date listed above in DATES. Such requests must be sent to the address shown in FOR FURTHER INFORMATION CONTACT. We will schedule public hearings on this proposal, if any are requested, and announce the dates, times, and places of those hearings, as well as how to obtain reasonable PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 331 accommodations, in the Federal Register and local newspapers at least 15 days before the hearing. Peer Review In accordance with our joint policy on peer review published in the Federal Register on July 1, 1994 (59 FR 34270), and our August 22, 2016, memorandum updating and clarifying the role of peer review of listing actions under the Act, we sought the expert opinions of six appropriate specialists regarding the SSA report, which informed this proposed rule. We received a response from one of the six peer reviewers. The purpose of peer review is to ensure that our listing determination is based on scientifically sound data, assumptions, and analyses. The peer reviewers have expertise in crayfish biology, habitat, and stressors to the species. We invite any additional comment from the peer reviewers during this public comment period; these comments will be available along with other public comments in the docket for this proposed rule. Previous Federal Action In 2010, the Center for Biological Diversity (CBD) petitioned the Service to list 404 aquatic, riparian, and wetland species from the Southeastern United States under the Act. The Panama City crayfish was among these 404 species. On September 27, 2011, the Service published a substantial 90-day finding for 374 of the 404 species, including the Panama City crayfish, soliciting information about, and initiating status reviews for, those species (76 FR 59836). In 2015, CBD filed a complaint against the Service for failure to complete a 12month finding for the Panama City crayfish within the statutory timeframe. The Service entered into a settlement agreement with CBD to address the complaint; the court-approved settlement agreement specified that a 12-month finding for the Panama City crayfish would be delivered to the Federal Register by September 30, 2017. On September 21, 2017, the Court approved an extension, allowing the Service to submit this 12-month finding to the Federal Register no later than December 29, 2017. Background A thorough review of the taxonomy, life history, and ecology of the Panama City crayfish (Procambarus econfinae) is presented in the SSA report, version 1.0 (Service 2017). The SSA report documents the results of our comprehensive biological status review for the Panama City crayfish, including an assessment of the potential stressors E:\FR\FM\03JAP1.SGM 03JAP1 332 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Proposed Rules jstallworth on DSKBBY8HB2PROD with PROPOSALS to the species. The SSA report does not represent a regulatory decision by the Service on whether the species should be proposed for listing as an endangered or threatened species under the Act. It does provide the scientific basis that informs that decision, which involves the further application of standards within the Act and its implementing regulations and policies. The full SSA report can be found on the Service’s Southeast Region website at https:// www.fws.gov/southeast/ and at https:// www.regulations.gov under Docket No. FWS–R4–ES–2017–0061. Species Description The Panama City crayfish is a small, semi-terrestrial crayfish that grows to about 2 inches (in) (50.8 millimeters (mm)) in length (minus claws), and is found in south-central Bay County, Florida. The species’ color pattern consists of a medium dark-brown background color, lighter brown middorsal stripe, and darker brown dorsolateral stripes (FWC 2016, p.1). The Panama City crayfish was first described by Hobbs in 1942 from Bay County, Panama City, Florida. Currently, the Panama City crayfish is classified in the family Cambaridae and is considered a valid taxon by the scientific community (Taylor et al. 1996, 2007; Integrated Taxonomic Information System 2017). The life history of the Panama City crayfish specifically is not well known. Cambarid crayfish may live about 2.5 to 3 years (Hobbs 2001, p. 977), with a generation period of 2 years. For this family of crayfish, the majority breed more than once, with mating among mature yearlings frequent; however, many individuals do not become sexually active until late summer or fall. Females may produce between 30 and 160 eggs, and have been found with eggs and/or young from March through September. Juveniles are most frequently found in the summer and have been observed through December, so young appear to be produced from at least March through December. Juveniles can be carried overland by sheet flow during rainy periods, which aids in dispersal (Keppner and Keppner 2002, p. 11). Eight crayfish species are known to occur within the range of the Panama City crayfish, although only the hatchet VerDate Sep<11>2014 15:19 Jan 02, 2018 Jkt 244001 crayfish, Procambarus kilbyi, and the jackknife crayfish, Procambarus hubbelli, are found in the same habitat as the Panama City crayfish and may cooccur with it (FWC 2017). The Panama City crayfish is not known to hybridize with other species of crayfish. Historically, the species inhabited natural and often temporary bodies of shallow fresh water within open pine flatwoods and wet prairie-marsh communities. However, most of these communities have been cleared for residential or commercial development or replaced with slash pine plantations. The Panama City crayfish currently is known to inhabit the waters of grassy, gently sloped ditches and swales, slash pine plantations, utility rights-of-way and a few remnant parcels protected under wetland and private easements (FWC 2016, p. 2). The highest densities of Panama City crayfish have been recorded in areas with little to no shrub or tree cover (FWC 2016, p.2). Suitable habitat is normally dominated by herbaceous vegetation. Lowest population densities have occurred in small, open sites where shrubs or trees were present, or in the furrows between bedding rows in some pine plantations (Keppner and Keppner 2005). When encountered in dense titi (Cyrilla racemiflora and Cliftonia monophylla) swamps, the species was associated with temporarily inundated areas open to the sun with some herbaceous vegetation. Such sites may be considered secondary or suboptimal habitat for the species. On sites where mixed habitat features are present (e.g., partially wooded sites or sites with permanent, deep-water ponds), the Panama City crayfish appears to select favorable areas dominated by herbaceous vegetation, with shallow or fluctuating water levels (FWC 2016, p. 3; Keppner and Keppner 2005). The Panama City crayfish relies on particular soil types for burrow construction and supporting the herbaceous vegetation; these soil types are categorized as core or secondary soils. Core soils provide the best substrate to support the species; secondary soils are less ideal but still used. The core and secondary soil types that support Panama City crayfish within their known range are described PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 in more detail in the SSA report (Service 2017, pp. 23–24). Panama City crayfish build burrows for shelter and are categorized as secondary burrowers, which are normally in surface water when it is present on the hydric soils they inhabit (Hobbs 1981). They construct burrows that contact the water table as the surface water of their habitat recedes, and they occupy burrows when surface water is absent or during periods of extreme water temperatures. They emerge from the burrows when surface water is present again or water temperatures are favorable. It appears that they can survive significant periods of drought in their burrows when they can maintain contact with the water table. During these dry periods the Panama City crayfish excavates and lives in unbranched burrows up to three feet long that extend down to the water table, thereby enabling the species to remain adequately hydrated and survive (FWC 2016, p. 3). Little is known about the specific feeding habits of the Panama City crayfish. Observations on Panama City crayfish that were held in aquaria spanning 1.5 plus years (Keppner 2014) indicate that they are detritivores and herbivores. Specimens were offered dead animal material, but they avoided it in favor of processing the substrate for particles of prepared fish food and the fresh aquatic vegetation that were provided as primary food sources. Herbaceous vegetation likely serves as a food source for the Panama City crayfish. The Panama City crayfish historically ranged throughout south-central Bay County, Florida within a 56 square mile area (see Figure 1). The historical range likely created one population connected by core and secondary soils. As urban growth came to Panama City, the range became fragmented and isolated patches. Today, the species has 13 localized populations that can be divided into two distinct groups: The western and eastern group. The western group includes 8 separate populations and the eastern group includes 5 separate populations. The 13 populations are described in more detail in the SSA report (Service 2017, pp. 35– 54). E:\FR\FM\03JAP1.SGM 03JAP1 jstallworth on DSKBBY8HB2PROD with PROPOSALS Species Needs and Viability The Panama City crayfish needs freshwater wetlands that support herbaceous vegetation, which is important to the Panama City crayfish for food, shelter, and detritus formation. The species needs core or secondary soils to provide the proper sediment structure for burrow construction and to support the herbaceous vegetation. The Panama City crayfish needs access to groundwater (through burrowing) or VerDate Sep<11>2014 15:19 Jan 02, 2018 Jkt 244001 surface water to prevent desiccation of individuals and populations. The species needs both adequate water quality and quantity to fulfill its life history. We describe the Panama City crayfish’s viability by characterizing the status of the species in terms of its resiliency (ability of the populations to withstand stochastic events), redundancy (ability of the species to withstand large-scale, catastrophic PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 333 events), and representation (the ability of the species to adapt to changing environmental conditions). Using various time frames and the current and projected resiliency, redundancy, and representation, we describe the species’ level of viability over time. For the Panama City crayfish to maintain viability, its populations or some portion thereof must be resilient. A number of factors influence the resiliency of Panama City crayfish E:\FR\FM\03JAP1.SGM 03JAP1 EP03JA18.009</GPH> Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Proposed Rules 334 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Proposed Rules maximize habitat occupancy influence those factors, thereby increasing the resiliency of populations. These demographic and habitat factors are discussed here; for each factor, we assigned a condition category of high, populations, including the inbreeding coefficient, population isolation, and population abundance. Elements of Panama City crayfish habitat that determine whether Panama City crayfish populations can grow to medium, or low (see Table 1). We evaluated each population and assigned it a high, medium, or low condition category for each factor, as well as an overall condition. TABLE 1—DEMOGRAPHIC AND HABITAT FACTORS FOR PANAMA CITY CRAYFISH [Service 2017, p. 64] Demographic factors Condition category Inbreeding coefficient Population isolation (km) Habitat elements Population abundance Freshwater quality & quantity High .............. >0.400 <0.5 >51 Moderate ...... 0.200–0.400 0.5–2.0 21–50 Low .............. <0.200 >2 1–20 <33% developed and unsuitable. 33–66% developed and unsuitable. >66% developed and unsuitable acres. Herbaceous ground cover easements or ROW with >15 acres that is managed. easements or ROW with ≤15 acres suitable habitat that is managed; or timber lands. no managed lands, habitat currently a titi monoculture. Suitable habitat (acres) >800 100–800 <100 jstallworth on DSKBBY8HB2PROD with PROPOSALS Population Isolation: Least-cost path distance to nearest population in kilometers. Population Abundance: Based on population sampling counts from all conducted surveys recorded. Freshwater Quality & Quantity: Percentage of developed and unsuitable acres within the area supporting each population. Herbaceous Ground Cover: Includes land with and without easements, size of easements, and management activities. Suitable Habitat: Acres of undeveloped core and secondary soils within the area supporting each population. Inbreeding coefficient: The Panama City crayfish, once connected through core and secondary soils within a 56 square mile area, is now separated into 13 populations that, when combined, total a significantly smaller area than occupied by the historical, interconnected population. A recent genetic analysis of population differentiation and clustering to assess population structure of the Panama City crayfish quantified each population’s inbreeding coefficient numbers (Duncan et al. 2017). An inbreeding coefficient number shows the probability of inheriting two copies of the same allele from an ancestor that occurs on both sides of the pedigree. For Panama City crayfish populations, the differences in inbreeding coefficient numbers likely correspond to patterns of fragmentation from urban development and not necessarily from selective pressures maintaining adaptive differences. Little work has been done on the population genetics of wild crayfish populations. We have no comparison for values in crayfish species of expected inbreeding coefficients (Duncan et al. 2017), and treat this as a relative measure. Thus, we ranked individual populations into three numerically distinct breaks: Low when inbreeding coefficients were less than 0.200, moderate when they ranked between 0.200–0.400, and high when results were greater than 0.400. Population isolation: To promote genetic connectivity in Panama City crayfish, we must have an understanding of their potential abilities to move between populations. One VerDate Sep<11>2014 15:19 Jan 02, 2018 Jkt 244001 working hypothesis was that ditches within the range promote movement, especially during flooding events. This idea is supported by observations of some localized movements of Panama City crayfish into previously unoccupied ditches after recent flooding where they were not seen in these new locations during the next sampling event. Because the landscape occupied by the Panama City crayfish is spatially heterogeneous, it is important to understand how certain landscape features affect the species’ ability to move in order to meet requirements for foraging, migration, or other movementdependent processes (Crooks and Sanjayan 2006 as cited in Duncan et al. 2017). We relied on a landscape ‘‘Least Cost Path’’ land cover analysis conducted by Duncan et al. (2017) to assist in determining what may affect genetic connectivity in Panama City crayfish and inform our understanding of population isolation. Population abundance: The size of an individual population coupled with age and sex classifications can be used as an indicator of resiliency. Within the SSA report, we have summarized the years that surveys of varying levels were completed within each population. The protocol currently used for PCC monitoring typically depends on dip-net sampling when sufficient surface water is present and nondestructive evaluation of crayfish burrows. The protocol can miss specimens in vegetation and does not sample individuals living below ground in PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 burrows, and we currently do not have an estimate of detection probability using this protocol. The protocol is quantitative and results in a catch per standard unit effort estimate of the population. We use population counts to assess the relative population size across the range of the species. Freshwater quality and quantity: Although crayfish are facultative air breathers, moisture is required to facilitate the respiratory process (Longshaw and Stebbing 2016, p. 327). Burrowing to groundwater or access to surface water are both important habitat features needed to prevent desiccation of individuals and populations. Declines in water quality are known to present a significant threat to other species of crayfish (and presumably to PCC). These declines can range from oxygen-deficient conditions resulting from algal blooms, sewage spills, or localized leaks to pollution originating from roadway runoff or chemical spills (Acosta and Perry 2001). The Panama City crayfish often inhabits ditches and swales close or adjacent to commercial and private properties, which may affect the water quality at these sites. We used a proxy measure of water quality and quantity based on the amount of development surrounding the population. We assumed that greater acreage in developed and unsuitable landcover types (which includes transportation and other developmentrelated types) is correlated with declines in this habitat element. Herbaceous ground cover: Herbaceous vegetation is important to the Panama City crayfish E:\FR\FM\03JAP1.SGM 03JAP1 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Proposed Rules jstallworth on DSKBBY8HB2PROD with PROPOSALS for food, detritus formation, and cover. Absence of vegetation increases exposure of this small crayfish to predation and reduces availability of food. Suitable habitat: Species sampling efforts and a recent landscape modeling analysis support the theory that the Panama City crayfish almost exclusively relies on core and secondary soils. These soils provide the sediment structure needed for burrow construction to the water table and also support the herbaceous vegetation upon which the species relies for food and cover. Lands supporting the Panama City crayfish must be of sufficient size to sustain a population, but we don’t know the minimum size, as many factors influence a Panama City crayfish population, including other habitat conditions. The recent work of Duncan et al. (2017) showed that all remaining populations with >800 acres of suitable habitat supporting them were genetically healthy, and population counts support this as well. Maintaining representation in the form of genetic or ecological diversity is important to maintain the Panama City crayfish’s capacity to adapt to future environmental changes. The 13 remaining populations show relatively high genetic differentiation with inbreeding coefficients ranging from 0.214 to 0.493 and associated acreages of suitable habitat ranging from 5 acres to 5,309 acres. Redundancy reduces the risk that a large portion of the species’ range will be negatively affected by a natural or anthropogenic catastrophic event at a given point in time. Species that have resilient populations spread throughout their historical range are less susceptible to extinction (Carroll et al. 2010; Redford et al. 2011). The Panama City crayfish historically lacked redundancy in that its historical range consisted of one population of interconnected soils. Today, there is a distinct genetic difference between individual patches located in the western range versus individual patches within the eastern range, which likely corresponds to patterns of fragmentation from urban development as well as some natural wetland buffers (creeks, stream bodies) (Duncan et al. 2017). Summary of Biological Status and Threats We completed a comprehensive assessment of the biological status of the Panama City crayfish, and prepared a report of the assessment, which provides a thorough account of the species’ overall viability. In this section, we summarize the conclusions of that assessment, which can be accessed at VerDate Sep<11>2014 15:19 Jan 02, 2018 Jkt 244001 Docket No. FWS–R4–ES–2017–0061 on https://www.regulations.gov. Summary of Factors Affecting the Species The Act directs us to determine whether any species is an endangered species or a threatened species because of any factors affecting its continued existence. We reviewed the potential risk factors (i.e., threats, stressors) that could be affecting the Panama City crayfish now and in the future. In this proposed rule, we will discuss in detail only those factors that could meaningfully impact the status of the species. The primary risk factors (i.e., threats) affecting the status of the Panama City crayfish are habitat loss and degradation, habitat fragmentation, and subpopulation isolation due to development (Factor A from the Act). Additional stressors to the species include collection for bait (Factor B), disease (Factor C), off-road vehicle use (Factor A), and insecticide application (Factor E); however, our analysis shows that while these stressors may be impacting individual Panama City crayfish, they are not having specieswide impacts. For a full description of all identified stressors, refer to chapter 4 of the SSA report (Service 2017). Factor A. The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range Development projects and land conversion can result in direct loss of habitat, as well as fragmentation and isolation of populations. The effects of development may also include alterations to water quality and quantity. Historically, the Panama City crayfish inhabited natural and often temporary bodies of shallow fresh water within open pine flatwoods and wet prairie-marsh communities (Hobbs 1942). The Panama City crayfish’s natural habitat (wet pine flatwoods) has been lost or degraded through residential, commercial, and industrial development, as well as conversion to intensive pine silviculture and for ranching and farming uses. It is likely that no unaltered natural pine flatwoods remain within the Panama City crayfish’s current range. Most known Panama City crayfish occurrences are in human-altered habitats and are vulnerable to further loss or alteration. Although artificial habitats such as roadside ditches and rights-of-way have allowed the Panama City crayfish to persist in areas from which they would otherwise likely have been extirpated, human activities can alter the hydrology and configuration of these sites, making them unsuitable for PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 335 long-term Panama City crayfish persistence. For example, roadside ditch maintenance and construction activities have resulted in the destruction of several crayfish sites. While ditch maintenance activities may have temporary negative impacts on the species, if conducted using conservation management principles, they may provide long-term habitat improvements that support Panama City crayfish presence. For example, the design of the ditch helps determine whether it can support Panama City crayfish. Swales and ditches with herbaceous vegetation and a 3:1 or shallower slope are more likely to support Panama City crayfish than ditches with a steeper slope (FWC 2017, p. 22). Infrastructure development has impacted, or is anticipated to impact, several crayfish sites (Keppner and Keppner 2001, pp. 13–14, 2004, p. 9). For example, several proposed road construction or expansion projects, such as the widening of Star Avenue and Kern Avenue and the widening and hardening of Tram Road, may impact Panama City crayfish habitat in the future. Infrastructure development can eliminate suitable Panama City crayfish habitat by removing the required herbaceous vegetation and digging up the surrounding soils. Silvicultural practices such as ditching and bedding, roller chopping, installing fire breaks, and constructing roads can alter the hydrology of Panama City crayfish sites, create physical barriers to crayfish movement, and destroy underground burrows (Hobbs 2001, p. 988; Keppner and Keppner 2001, p. 13, 2004, p. 10; FWC 2006, p. 10). These activities may contribute to the isolation of Panama City crayfish populations. Fire suppression and high tree density on silvicultural sites can reduce herbaceous groundcover necessary for suitable crayfish habitat (Keppner and Keppner 2001, p. 13, 2004, p. 10; FWC 2006, p. 27). Similarly, removal of tree canopy cover, changes in ground cover vegetation, and associated changes in water quality and surface water availability are all possible changes associated with the effects of conversion to farming and ranching practices, such as cattle grazing (e.g., Jansen and Robertson 2001, pp. 71–73). These activities negatively impact the habitat of the Panama City crayfish. Although minimal changes are expected to occur due to farming and ranching practices, conversion from silviculture to grazing use has occurred on lands adjacent the crayfish’s range. E:\FR\FM\03JAP1.SGM 03JAP1 jstallworth on DSKBBY8HB2PROD with PROPOSALS 336 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Proposed Rules Freshwater crayfish may be sensitive to declines in water quality and declines have been identified as a threat to other crayfish species. Water quality declines can range from oxygen-deficient conditions resulting from algal blooms or sewage spills to pollution originating from roadway runoff, pesticide applications, or chemical spills (Acosta and Perry 2001, p. 46). Given the level of development throughout the range of the Panama City crayfish and the occurrences of Panama City crayfish adjacent to private properties, runoff from roads or improper application of chemicals, such as pesticides or fertilizers, may negatively impact water quality and have direct impacts on the species. The majority of known Panama City crayfish occurrences in the western part of the range are in roadside ditches and swales that are isolated from other Panama City crayfish populations by roads, development, and land use changes. Fragmentation and isolation can increase vulnerability to local extirpation due to adverse genetic, demographic, and environmental events. Further, when Panama City crayfish have been extirpated from an area, lack of habitat connections between sites can prevent Panama City crayfish from recolonizing the newly vacant sites (FWC 2006, p. 10). Recent genetic work indicates the isolation in the western portion of the range has resulted in inbreeding and drift (Duncan et al. 2017, p. 17). In addition to the effects on habitat described above, many of the activities contributing to habitat loss and degradation can also directly harm or kill Panama City crayfish. Continuous loss of individuals can eventually lead to extirpation of isolated populations. In particular, roadside maintenance, dredging, and infrastructure development in roadside ditches and silvicultural and farming activities, if done without appropriate safeguards, have the potential to kill, harm, or displace Panama City crayfish due to the removal by heavy machinery of soil from crayfish sites. In addition, fill placed on sites in preparation for construction activities can entomb crayfish in their burrows Off-road vehicle use may impact the Panama City crayfish by crushing, as well as impacting the habitat through rutting of the soil and destruction of vegetation (FWC 2016, p. 11). Off-road vehicle use has been documented in areas within the eastern part of the Panama City crayfish’s range along Gulf Power rights-of-way. Gulf Power has blocked access to these rights-of-way with gates, so access to these areas is VerDate Sep<11>2014 15:19 Jan 02, 2018 Jkt 244001 limited and we do not expect off-road vehicle use is resulting in species-wide impacts. Factor B. Overutilization for Commercial, Recreational, Scientific, or Educational Purposes Crayfish may be recreationally harvested for fish bait. Within the range of the Panama City crayfish, several of the areas where the species occurs are known to be utilized by locals collecting fish bait (FWC 2016, p.11; Keppner and Keppner 2001, 2005). However, although harvesting individual crayfish at these sites has been documented, the actual species collected are unknown. Therefore, while harvesting crayfish may be impacting individual Panama City crayfish, we find that it is not having a species-wide impact. Florida State Code 68A–9.002 authorizes the Director of the Florida Fish and Wildlife Conservation Commission to issue permits to collect any wildlife species for ‘‘scientific, educational, exhibition, propagation, management or other justifiable purposes.’’ Permits have been issued for biologists conducting surveys on the Panama City crayfish; however, the Panama City crayfish is not known to be targeted for significant scientific or educational collections. Factor C. Disease or Predation Disease agents and pests identified for freshwater crayfish include viruses, bacteria, rickettsia-like organisms, fungi, protistans, and metazoans (Evans et al. 2002, p. 1). There is no reported information on the presence of disease or parasites in the Panama City crayfish to date. Nothing indicates that predation or competition by native or non-native predators is currently affecting Panama City crayfish at the species level. Factor D. The Inadequacy of Existing Regulatory Mechanisms The following existing regulatory mechanisms were considered and discussed as they relate to the stressors, under the applicable Factors, affecting the Panama City crayfish: Florida State Code 68A–9.002 (Factor B). The Panama City crayfish is currently identified as a State Species of Special Concern in Florida (Florida State Code 68A–27.005). Species of Special Concern require individuals to obtain a permit from the FWC Executive Director in order to take, possess, transport, or sell the species. FWC has developed voluntary draft guidelines for developers to consider when undertaking projects that may impact Panama City crayfish and its habitat (FWC 2016). However, these PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 guidelines are not regulatory in nature. We are not aware of any regulatory mechanisms in place to address the threat of habitat loss, fragmentation, and degradation due to development. Factor E. Other Natural or Manmade Factors Affecting Its Continued Existence The Service considered several additional stressors to the Panama City crayfish, including chemical application and sea level rise. Mosquitocides are used within the range of the Panama City crayfish to treat both larval and adult mosquitoes. The mosquitocides registered for use within the range of the Panama City crayfish do not pose known threats to water quality if applied per label directions (FWC 2016, p. 10). Fertilizers, insecticides, and herbicides may pose a risk to Panama City crayfish if applied inappropriately. The Panama City crayfish was included in a statewide vulnerability assessment for approximately 1000 species in Florida (Reece et al. 2013, Hocter et al. 2014) using a Standardized Index of Vulnerability and Value Assessment (SIVVA; Reece and Noss 2014). Based on the data used in this assessment, the Panama City crayfish did not meet the vulnerability assessment criteria. The assessment used a 10 meter digital elevation model ‘‘bathtub’’ projection that showed 2 meters of sea level rise and overlapped these projections with species’ ‘element occurrences.’ (Reece et al 2013). The assessment focused on those species which had 50% or more of their occurrences intersecting with the sea level rise projection. The Panama City crayfish did not meet this criteria. Overall, little suitable habitat for Panama City crayfish will be affected by sea level rise (Hocter et al. 2014). Conservation Actions Several private lands within the Panama City crayfish’s range are being managed under conservation easements for the species. These easements largely cover wet pine flatwoods and wet prairie habitats. Other private lands are inaccessible to surveyors, but if they lack significant disturbance and have suitable habitat for the species, they are likely occupied by Panama City crayfish. Areas in silviculture adjacent to human-altered habitats may serve as refuges for Panama City crayfish, and silvicultural BMPs require operators to minimize impacts to Panama City crayfish. Use of BMPs for agriculture and grazing can also help minimize impacts to aquatic species (e.g., Florida E:\FR\FM\03JAP1.SGM 03JAP1 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Proposed Rules jstallworth on DSKBBY8HB2PROD with PROPOSALS Department of Agriculture and Consumer Services 2008, p. 1). Gulf Power Company manages rights-of-way along approximately 114 acres of land that is populated by the Panama City crayfish. The Service and FWC have a management agreement that provides recommended BMPs to Gulf Power Company; the management practices through this agreement have proven effective as the crayfish continue to thrive within the easement areas. Current Condition The historical range of the Panama City crayfish included a 56-square-mile area in Bay County, Florida. It was likely one contiguous population within open pine flatwoods and prairie-marsh communities providing connectivity across the landscape. Currently, the species is found in 13 genetically distinct populations within the boundaries of its historical range. Within its range, 61 percent (9,180 acres) of habitat with core soils and 46 percent (5,646 acres) of habitat with secondary soils remain undeveloped, and the total amount of available suitable habitat based on soils is 54 percent of the historical habitat available to the species. The current condition is a qualitative estimate based on an analysis of the three population factors (inbreeding, population isolation, and population sampling/relative abundance) and three habitat elements (water quality/ availability, herbaceous ground cover, and suitable habitat). Overall population and habitat condition rankings were determined by combining the three population factors and three habitat elements using the most frequent score for individual factors as the overall score. Of the 13 populations described, the current conditions show 4 (31 percent) populations are estimated to have high resiliency, 5 (38 percent) moderate resiliency, and 4 (31 percent) low resiliency. In the western group of populations, 4 populations have low resiliency, 3 populations have moderate resiliency, and 1 has high resiliency. In the eastern group, 2 populations have moderate resiliency and 3 populations have high resiliency. Generally, genetic variation is low and inbreeding is high across the range, which indicate a high degree of current population isolation. This pattern is generally more pronounced in the sampling locations in the west (heavily urbanized areas). Future Condition For the purpose of this assessment, we define viability as the ability of the species to sustain populations in the wild over time. This discussion explains VerDate Sep<11>2014 15:19 Jan 02, 2018 Jkt 244001 how the stressors associated with habitat loss, fragmentation, and degradation from residential and commercial development will influence resiliency, redundancy, and representation for the Panama City crayfish throughout its current known range using a series of plausible scenarios for 2030, 2050, and 2070. We predicted both future population factors (inbreeding and population isolation) and habitat factors (water quality and quantity, herbaceous ground cover, and suitable habitat) and evaluated these to inform our future conditions. To predict potential future changes related to urban growth, we used layers from the Southeast Regional Assessment Project (SERAP, from the Biodiversity and Spatial Analysis Center at North Carolina State University; 60m resolution), a modification of the SLEUTH Projected Urban Growth model (Jantz et al. 2010, entire; Terando et al. 2014, entire). SERAP identifies the parameters in global and regional models that are most likely to affect the Southeast region’s climate and local landscape dynamics, with the goal of providing decision makers with information about low-probability, highimpact climate extremes through downscaled models and threats analysis. We used these products to map future predicted changes in urbanization in 2030, 2050, and 2070. The uncertainty associated with the SLEUTH model increases in time, as the species’ response to the dynamic nature of the variables becomes less predictive. There is a greater confidence in predicting potential development and the species’ response to changes in the landscape in the near future rather than the distant future. To address uncertainty associated with the degree and extent of potential future stressors and their impacts on species’ requisites, the 3Rs were assessed using three scenarios: status quo development (i.e., ≥80 percent probability of occurring), moderate development (≥30 percent probability of occurring), and high development (≥0 percent probability of occurring). The scenarios included projecting possible future development using the SERAP model (Jantz et al. 2010, entire; Terando et al. 2014, entire). They also describe the predicted effects of the development on loss and fragmentation of suitable habitat rangewide and on each of 11 known populations, and draw inferences about population health based on the work of Duncan et al. (2017, entire). We excluded two populations (College Point and City of Lynn Haven) from our scenario analysis due to insufficient available data. Please PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 337 refer to the SSA report (Service 2017) for the full analysis of the future scenarios. In scenario one, the ‘‘status quo’’ scenario, we considered the development most likely to occur. Based on the SERAP model, this was development with a ≥80 percent probability. Under this scenario, Panama City crayfish will lose 1,401 to 3,096 acres of habitat rangewide as developed land increases from 20,221 to 25,040 acres. This loss, fragmentation, and degradation of habitat would reduce the number of resilient populations in high or moderate condition from nine currently to five by 2050. This loss of resiliency comes from both a reduction in habitat elements as well as the effects of isolation and drift on the populations themselves. Under the ‘‘status quo’’ scenario, only one resilient population (the St. Joe population) is predicted to remain in the western group by 2050. This results in a loss of redundancy and representation, as only one resilient population will remain in the western group. In the eastern group, four resilient populations are predicted to persist through 2070. In scenario two, the ‘‘intermediate development’’ scenario, we considered development with a moderate potential to occur. Based on the SERAP model, this was development with a ≥30 percent probability of occurring. In this scenario, the Panama City crayfish will lose 2,252 to 4,854 acres of habitat rangewide as developed land increases from 20,221 to 27,332 acres. This loss, fragmentation, and degradation of habitat is predicted to reduce the number of resilient populations in high or moderate condition from nine currently to four by 2070. This loss of resiliency comes from both a reduction in habitat elements as well as the effects of isolation and drift on the populations themselves. Under the ‘‘intermediate development’’ scenario, only one resilient population (the St. Joe population) is predicted to remain in the western group by 2050. This results in a loss of redundancy and representation, as only one resilient population will remain in the western group. In the eastern group, three resilient populations are predicted to persist through 2070. In scenario three, ‘‘high development’’ or ‘‘worst case’’ scenario, we considered the development that is least likely to occur. Based on the SERAP model, this was development with at >0 percent probability of occurring. In this scenario, the Panama City crayfish will lose 3,233 to 6,130 acres of habitat E:\FR\FM\03JAP1.SGM 03JAP1 338 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Proposed Rules jstallworth on DSKBBY8HB2PROD with PROPOSALS rangewide as developed land increases from 20,221 to 28,899 acres. This loss, fragmentation, and degradation of habitat is predicted to reduce the number of resilient populations in high or moderate condition from nine currently to three by 2070. This loss of resiliency comes from both a reduction in habitat elements as well as the effects of isolation and drift on the populations themselves. Under the ‘‘high development’’ scenario, all resilient populations in the western group are predicted to be lost by 2050, resulting in a loss of all representation and redundancy in the western group. In the eastern group, three resilient populations are predicted to persist through 2070. Determination Section 4 of the Act (16 U.S.C. 1533), and its implementing regulations at 50 CFR part 424, set forth the procedures for adding species to the Federal Lists of Endangered and Threatened Wildlife and Plants. Under section 4(a)(1) of the Act, we may list a species based on: (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. We have carefully assessed the best scientific and commercial information available regarding the past, present, and future threats to the Panama City crayfish. Our analysis of this information indicates that, at the species level, habitat development (Factor A) is the primary factor affecting the Panama City crayfish now and into the future. There may be additional infrastructure projects (e.g. roads, ditches, etc.) that affect the hydrology within the range of the Panama City crayfish as a result of forest clearing for permanent rights of way or silviculture. Additionally, the current level of habitat fragmentation (Factor A) further isolates populations, which reduces gene flow and limits the potential for the species to disperse. In addition, we have no evidence that ORV use (Factor A), overutilization (Factor B) or disease (Factor C) is affecting populations of Panama City crayfish. The Act defines an endangered species as any species that is ‘‘in danger of extinction throughout all or a significant portion of its range.’’ We find that an endangered species status is not appropriate for the Panama City crayfish because the species maintains multiple resilient populations across its historical range and the risk is low that the species VerDate Sep<11>2014 15:19 Jan 02, 2018 Jkt 244001 would not persist in the near term; in other words, the risk of the Panama City crayfish significantly declining in the near term is low given that it has persisted despite historical levels of habitat loss. The current conditions as assessed in the Panama City crayfish SSA report show that only 43 to 54 percent of the original lands historically available to the Panama City crayfish remain potentially available for use by the Panama City crayfish. However, while the species’ habitat has been reduced by at least 46 percent, the species currently consists of 13 populations, 9 of which are highly to moderately resilient and found across its historical range. Further, despite changes to the crayfish’s natural habitat of wet pine flatwoods, the species currently persists using artificial habitats such as roadside ditches and rights-of-way although these sites may become unsuitable long term due to anthropogenic activities that can alter their hydrology or configuration. Therefore, we conclude that the current risk of extinction of the Panama City crayfish is sufficiently low that it does not meet the definition of an endangered species under the Act. The Act defines a threatened species as any species that is ‘‘likely to become endangered throughout all or a significant portion of its range within the foreseeable future.’’ We find that the status of the Panama City crayfish meets the definition of a threatened species. Based on the biology of the species and the threats acting on it, the foreseeable future used in the determination was 20 to 30 years. The generation time for the species is 2 years with a life-span up to 3.5 years; the period of 20–30 years encompasses 10–15 generations, which is more than sufficient time to determine the species’ response to the stressors. Although the future scenarios, which were snapshots in time for predicting resiliency, redundancy, and representation extended through 2070, the uncertainty as to the outcomes with regard to the responses to the stressors became so great as to render the scenarios too unreliable beyond 2050 for that time period to be considered the foreseeable future. Habitat fragmentation and isolation have contributed to the partitioning into 13 populations. While the Panama City crayfish faces a variety of threats, only one threat, habitat loss and degradation, habitat fragmentation, and subpopulation isolation due to urban development, was considered an important factor in our assessment of the future viability of the Panama City crayfish. Based on our future scenarios for urban development, we predict PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 major losses of resiliency, representation, and redundancy for Panama City crayfish in the foreseeable future. Especially problematic is the predicted complete loss of resilience and redundancy from the western populations, which reduces half of the representation of Panama City crayfish. These combined losses under even the most probable status quo scenario make the ability of Panama City crayfish to sustain its populations into the foreseeable future questionable assuming current levels of protection and management. We have carefully assessed the best scientific and commercial information available regarding the past, present, and future threats to the Panama City crayfish. Habitat loss from development is occurring rangewide and has resulted in the fragmentation of the landscape. The fragmentation of suitable habitat has caused the isolation of existing populations limited to ditches, swales, slash pine plantations, and utility rights-of-ways. At the population level, Panama City crayfish now exists in 13 populations. Currently, four populations are estimated to maintain high resiliency; five are estimated to have moderate resiliency; and four are estimated to have low resiliency, including the two populations that are in the low condition but were excluded from future scenario analysis because of inadequate data. At the species level, the 13 Panama City crayfish populations are broken down into an eastern group of five populations and a western group of eight populations based on the characteristics of Panama City crayfish and its geographic distribution. Currently, four populations, all in the west, are in low condition, including the two that were excluded from future condition analysis because of inadequate data. These two populations represent 31 percent of the known populations overall and 50 percent of the western group, and, although still in existence, they may not contribute to the future redundancy of Panama City crayfish, because the populations are already experiencing genetic drift and the habitat that supports them is susceptible to future development. All future scenarios predicted a negative impact on the redundancy of Panama City crayfish. Under the ‘‘status quo’’ scenario, 62 percent of populations are in low condition by 2050; this percentage increases to 69 percent under the ‘‘intermediate development’’ scenario and to 77 percent under the ‘‘high development’’ scenario. The greatest loss of redundancy for Panama City crayfish is E:\FR\FM\03JAP1.SGM 03JAP1 jstallworth on DSKBBY8HB2PROD with PROPOSALS Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Proposed Rules predicted to occur in the western group. In this group, 100 percent of the populations are in low condition by 2050 under the ‘‘high development’’ scenario and 88 percent under the other two scenarios. In the eastern group, three populations are predicted to remain strongholds for Panama City crayfish, although they would represent only 60 percent of the remaining eastern populations. At the species level, we estimate that the Panama City crayfish currently has low to moderate adaptive potential across its range, and all of the future scenarios are predicted to have an impact on the species’ representation during the 50-year time horizon. Even though Panama City crayfish has low representation in the western group, with only two of the eight populations not in low condition, these two populations likely will persist because of the protection afforded through conservation easements. The eastern group comprises a much larger area and contains the three populations currently in high condition. However, two of these populations, Highpoint and 231north, are predicted to be in low condition in the future. This is especially concerning given that the Highpoint population contains unique genetic diversity not found in other populations, although more work is needed to confirm this (Duncan et al. 2017, p. 19). In short, based on our analysis of the species’ current and future conditions, as well as the conservation efforts discussed above, we conclude that the population and habitat factors used to determine the resiliency, representation and redundancy for Panama City crayfish will continue to decline so it is likely to become in danger of extinction throughout its range within the foreseeable future. Therefore, on the basis of the best available scientific and commercial information, we propose listing the Panama City crayfish as threatened in accordance with sections 3(6) and 4(a)(1) of the Act. Under the Act and our implementing regulations, a species may warrant listing if it is endangered or threatened throughout all or a significant portion of its range. Because we have determined that the Panama City crayfish is threatened throughout all of its range, under the Final Policy on Interpretation of the Phrase ‘‘Significant Portion of Its Range’’ in the Endangered Species Act’s Definitions of ‘‘Endangered Species’’ and ‘‘Threatened Species’’ (79 FR 37577, July 1, 2014) (SPR Policy), if a species warrants listing throughout all of its range, no portion of the species’ range can be a ‘‘significant’’ portion of VerDate Sep<11>2014 15:19 Jan 02, 2018 Jkt 244001 its range.). While it is the Service’s position under the SPR Policy that undertaking no further analysis of ‘‘significant portion of its range’’ in this circumstance is consistent with the language of the Act, we recognize that the Policy is currently under judicial review, so we also took the additional step of considering whether there could be any significant portions of the species’ range where the species is in danger of extinction. We evaluated whether there is substantial information indicating that there are any portions of the species’ range: (1) That may be ‘‘significant,’’ and (2) where the species may be in danger of extinction. In practice, a key part of identifying portions appropriate for further analysis is whether the threats are geographically concentrated. The threats affecting the species are throughout its entire range; therefore, there is not a meaningful geographical concentration of threats. As a result, even if we were to undertake a detailed SPR analysis, there would not be any portions of the species’ range where the threats are harming the species to a greater degree such that it is in danger of extinction in that portion. Critical Habitat Section 4(a)(3) of the Act, as amended, and implementing regulations in 50 CFR 424.12, require that, to the maximum extent prudent and determinable, we designate critical habitat at the time the species is determined to be an endangered or threatened species. 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 in accordance with the Act, upon a determination by the Secretary of the Interior that such areas are essential for the conservation of the species. Our regulations (50 CFR 424.12(a)(1)) state that the designation of critical habitat is not prudent when any of the following situations exist: (1) The species is threatened by taking or other human activity, and identification of critical habitat can be expected to increase the degree of threat to the species, or (2) such designation of critical habitat would not be beneficial to the species. The regulations also PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 339 provide that, in determining whether a designation of critical habitat would not be beneficial to the species, the factors that the Service may consider include, but are not limited to, whether the present or threatened destruction, modification, or curtailment of a species’ habitat or range is not a threat to the species, or whether any areas meet the definition of ‘‘critical habitat’’ (50 CFR 424.12(a)(1)(ii)). As discussed above, there is no evidence that collection or vandalism are threats to the species, and there is no indication that identification and mapping of critical habitat is likely to initiate any such threats. Therefore, in the absence of finding that the designation of critical habitat would increase threats to the species, if there are benefits to the species from a critical habitat designation, a finding that designation is prudent is appropriate. The potential benefits of designation may include: (1) Triggering consultation under section 7 of the Act, in new areas for actions in which there may be a Federal nexus where it would not otherwise occur because, for example, it is unoccupied; (2) focusing conservation activities on the most essential features and areas; (3) providing educational benefits to State or county governments or to private entities; and (4) preventing people from causing inadvertent harm to the protected species. Because designation of critical habitat would not likely increase the degree of threat to the species and may provide some measure of benefit, designation of critical habitat is prudent for the Panama City crayfish. Our regulations (50 CFR 424.12(a)(2)) further state that critical habitat is not determinable when one or both of the following situations exists: (1) Information sufficient to perform required analysis of the impacts of the designation is lacking; or (2) the biological needs of the species are not sufficiently well known to permit identification of an area as critical habitat. A careful assessment of the economic impacts that may occur due to a critical habitat designation is ongoing, and we are in the process of working with the States and other partners in acquiring the complex information needed to perform that assessment. Until these efforts are complete, information sufficient to perform a required analysis of the impacts of the designation is lacking, and, therefore, we find designation of critical habitat for this species to be not determinable at this time. Available Conservation Measures Conservation measures provided to species listed as endangered or E:\FR\FM\03JAP1.SGM 03JAP1 jstallworth on DSKBBY8HB2PROD with PROPOSALS 340 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Proposed Rules threatened species under the Act include recognition, recovery actions, requirements for Federal protection, and prohibitions against certain practices. Recognition through listing results in public awareness, and conservation by Federal, State, Tribal, and local agencies; private organizations; and individuals. The Act encourages cooperation with the States and other countries and calls for recovery actions to be carried out for listed species. The protection required by Federal agencies and the prohibitions against certain activities are discussed, in part, below. The primary purpose of the Act is the conservation of endangered and threatened species and the ecosystems upon which they depend. The ultimate goal of such conservation efforts is the recovery of these listed species, so that they no longer need the protective measures of the Act. Subsection 4(f) of the Act calls for the Service to develop and implement recovery plans for the conservation of endangered and threatened species. The recovery planning process involves the identification of actions that are necessary to halt or reverse the species’ decline by addressing the threats to its survival and recovery. The goal of this process is to restore listed species to a point where they are secure, selfsustaining, and functioning components of their ecosystems. Recovery planning includes the development of a recovery outline shortly after a species is listed and preparation of a draft and final recovery plan. The recovery outline guides the immediate implementation of urgent recovery actions and describes the process to be used to develop a recovery plan. Revisions of the plan may be done to address continuing or new threats to the species, as new substantive information becomes available. The recovery plan also identifies recovery criteria for review of when a species may be ready for downlisting (i.e., reclassification from endangered status to threatened status) or delisting (i.e., removal from the List), and methods for monitoring recovery progress. Recovery plans also establish a framework for agencies to coordinate their recovery efforts and provide estimates of the cost of implementing recovery tasks. Recovery teams (composed of species experts, Federal and State agencies, nongovernmental organizations, and stakeholders) are often established to develop recovery plans. When completed, the recovery outline, draft recovery plan, and the final recovery plan will be available on our website (https://www.fws.gov/endangered), or from our Panama City Ecological VerDate Sep<11>2014 15:19 Jan 02, 2018 Jkt 244001 Services Field Office (see FOR FURTHER INFORMATION CONTACT). Implementation of recovery actions generally requires the participation of a broad range of partners, including other Federal agencies, States, Tribes, nongovernmental organizations, businesses, and private landowners. Examples of recovery actions include habitat restoration (e.g., restoration of native vegetation), research, captive propagation and reintroduction, and outreach and education. The recovery of many listed species cannot be accomplished solely on Federal lands because their ranges may occur primarily or solely on non-Federal lands. To achieve recovery of these species requires cooperative conservation efforts on private, State, and Tribal lands. If this species is listed, funding for recovery actions will be available from a variety of sources, including Federal budgets, State programs, and cost share grants for nonFederal landowners, the academic community, and nongovernmental organizations. In addition, pursuant to section 6 of the Act, the State of Florida would be eligible for Federal funds to implement management actions that promote the protection or recovery of the Panama City crayfish. Information on our grant programs that are available to aid species recovery can be found at: https://www.fws.gov/grants. Although the Panama City crayfish is only proposed for listing under the Act at this time, please let us know if you are interested in participating in recovery efforts for this species. Additionally, we invite you to submit any new information on this species whenever it becomes available and any information you may have for recovery planning purposes (see FOR FURTHER INFORMATION CONTACT). Section 7(a) of the Act requires Federal agencies to evaluate their actions with respect to any species that is proposed or listed as an endangered or threatened species and with respect to its critical habitat, if any is designated. Regulations implementing this interagency cooperation provision of the Act are codified at 50 CFR part 402. Section 7(a)(4) of the Act requires Federal agencies to confer with the Service on any action that is likely to jeopardize the continued existence of a species proposed for listing or result in destruction or adverse modification of proposed critical habitat. If a species is listed subsequently, section 7(a)(2) of the Act requires Federal agencies to ensure that activities they authorize, fund, or carry out are not likely to jeopardize the continued existence of the species or destroy or adversely PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 modify its critical habitat. If a Federal action may affect a listed species or its critical habitat, the responsible Federal agency must enter into consultation with the Service. Federal agency actions within the species’ habitat that may require conference or consultation or both as described in the preceding paragraph include management and any other landscape-altering activities on Federal lands administered by the issuance of section 404 Clean Water Act (33 U.S.C. 1251 et seq.) permits by the U.S. Army Corps of Engineers, and construction and maintenance of roads or highways by the Federal Highway Administration. The Act and its implementing regulations set forth a series of general prohibitions and exceptions that apply to threatened wildlife. The prohibitions of section 9(a)(1) of the Act, as applied to threatened wildlife and codified at 50 CFR 17.31, make it illegal for any person subject to the jurisdiction of the United States to take (which includes harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect; or to attempt any of these) threatened wildlife within the United States or on the high seas. In addition, it is unlawful to import; export; deliver, receive, carry, transport, or ship in interstate or foreign commerce in the course of commercial activity; or sell or offer for sale in interstate or foreign commerce any listed species. It is also illegal to possess, sell, deliver, carry, transport, or ship any such wildlife that has been taken illegally. Certain exceptions apply to employees of the Service, the National Marine Fisheries Service, other Federal land management agencies, and State conservation agencies. We may issue permits to carry out otherwise prohibited activities involving threatened wildlife under certain circumstances. Regulations governing permits are codified at 50 CFR 17.32. With regard to threatened wildlife, a permit may be issued for the following purposes: For scientific purposes, to enhance the propagation or survival of the species, for economic hardship, for zoological exhibition, for educational purposes, or for other special purposes consistent with the purposes of the Act. There are also certain statutory exemptions from the prohibitions, which are found in sections 9 and 10 of the Act. It is our policy, as published in the Federal Register on July 1, 1994 (59 FR 34272), to identify to the maximum extent practicable at the time a species is listed, those activities that would or would not constitute a violation of section 9 of the Act. The intent of this policy is to increase public awareness of E:\FR\FM\03JAP1.SGM 03JAP1 341 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Proposed Rules the effect of a proposed listing on proposed and ongoing activities within the range of the species proposed for listing. Activities that the Service believes could potentially harm the Panama City crayfish and result in ‘‘take’’ include, but are not limited to: (1) Unauthorized handling or collecting of the species; (2) Destruction or alteration of the species’ habitat by development; (3) Actions that would alter the hydrology within suitable soils available for the Panama City crayfish; (4) Actions that result in permanent loss of habitat within suitable soils once available to the Panama City crayfish; (5) Application of chemicals, including insecticides and petroleum products in violation of label restrictions, or other actions that pollute the soils and waters that are used by the Panama City crayfish; and (6) Destruction of herbaceous vegetation directly adjacent to occupied pools that affects the hydrology and removes cover for the crayfish. Questions regarding whether specific activities would constitute a violation of section 9 of the Act should be directed to the Panama City Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT, above). Required Determinations Clarity of the Rule We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: Common name (1) Be logically organized; (2) Use the active voice to address readers directly; (3) Use clear language rather than jargon; (4) Be divided into short sections and sentences; and (5) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in ADDRESSES. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that are unclearly written, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. National Environmental Policy Act (42 U.S.C. 4321 et seq.) We have determined that environmental assessments and environmental impact statements, as defined under the authority of the National Environmental Policy Act, need not be prepared in connection with listing a species as an endangered or threatened species under the Endangered Species Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983 (48 FR 49244). References Cited A complete list of references cited in the SSA report is available on the internet at https://www.regulations.gov and upon request from the Panama City Scientific name * * Where listed * Status * Ecological Services Field Office (see FOR above). FURTHER INFORMATION CONTACT, Authors The primary authors of this proposed rule are the staff members of the Service’s Unified Listing Team and the Panama City Ecological Services Field Office. List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Proposed Regulation Promulgation Accordingly, we propose to amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS 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. 2. Amend § 17.11(h), the List of Endangered and Threatened Wildlife, by adding an entry for ‘‘Crayfish, Panama City’’ in alphabetical order under CRUSTACEANS to read as set forth below: ■ § 17.11 Endangered and threatened wildlife. * * * (h) * * * * * Listing citations and applicable rules * * * CRUSTACEANS * Crayfish, Panama City ... * jstallworth on DSKBBY8HB2PROD with PROPOSALS * * * * Procambarus econfinae * * * * Wherever found ............. * * T * * * [Federal Register citation when published as a final rule]. * * Dated: November 21, 2017. James W. Kurth, Deputy Director for U.S. Fish and Wildlife Service Exercising the Authority of the Director for U.S. Fish and Wildlife Service. * [FR Doc. 2017–28313 Filed 1–2–18; 8:45 am] BILLING CODE 4333–15–P VerDate Sep<11>2014 15:19 Jan 02, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4702 Sfmt 9990 E:\FR\FM\03JAP1.SGM 03JAP1 *

Agencies

[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Proposed Rules]
[Pages 330-341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28313]

=======================================================================
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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2017-0061; 4500030113]
RIN 1018-BC14

Endangered and Threatened Wildlife and Plants; Threatened Species
Status for the Panama City Crayfish

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
12-month finding on a petition to list the Panama City crayfish
(Procambarus econfinae), a semi-terrestrial crayfish species native to
Bay County, Florida, as a threatened species under the Endangered
Species Act (Act). After review of the best available scientific and
commercial information, we find that listing this species is warranted.
Accordingly, we propose to list the Panama City crayfish as a
threatened species under the Act. If we finalize this rule as proposed,
it would extend the Act's protections to this species and add this
species to the Federal List of Endangered and Threatened Wildlife
(List).

DATES: We will accept comments received or postmarked on or before
March 5, 2018. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. Eastern Time on the closing date. We must receive requests for
public hearings, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by February 20, 2018.

ADDRESSES: Document availability: The report upon which this proposed
rule is based (see SUPPLEMENTARY INFORMATION) is available at https://www.regulations.gov in Docket No. FWS-R4-ES-2017-0061 and on the
Service's Southeast Region website at https://www.fws.gov/southeast/.
Comment submission: You may submit comments by one of the following
methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R4-ES-2017-0061,
which is the docket number for this rulemaking. Then, in the Search
panel on the left side of the screen, under the Document Type heading,
click on the Proposed Rules link to locate this document. You may
submit a comment by clicking on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R4-ES-2017-0061; U.S. Fish and Wildlife
Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Public Comments, below, for more information).

FOR FURTHER INFORMATION CONTACT: Catherine Phillips, Field Supervisor,
U.S. Fish and Wildlife Service, Panama City Ecological Services Field
Office, 1601 Balboa Avenue, Panama City, FL 32405; telephone 850-769-
0552; facsimile 850-763-2177. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Relay Service at 800-
877-8339.

SUPPLEMENTARY INFORMATION:

Executive Summary

Why we need to publish a rule. Under the Act, if we determine that
a species is an endangered or threatened species throughout all or a
significant portion of its range, we are required to promptly publish a
proposal in the Federal Register and make a determination on our
proposal within 1 year. Critical habitat shall be designated, to the
maximum extent prudent and determinable, for any species determined to
be an endangered or threatened species under the Act. Listing a species
as an endangered or threatened species and designations and revisions
of critical habitat can be completed only by issuing a rule.
This rule proposes adding the Panama City crayfish (Procambarus
econfinae) as a threatened species to the List of Endangered and
Threatened Wildlife in title 50 of the Code of Federal Regulations (50
CFR 17.11(h)).
The basis for our action. Under the Act, we may determine that a
species is an endangered or threatened species based on any of five
factors: (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. We have determined that habitat loss and
fragmentation from development (Factor A) is the primary threat to the
Panama City crayfish.

Supporting Documents

A species status assessment (SSA) team prepared an SSA report for
the Panama City crayfish. The SSA team was composed of Service
biologists, in consultation with other species experts. The SSA report
represents a compilation of the best scientific and commercial data
available concerning the status of the species, including the impacts
of past, present, and future factors (both negative and beneficial)
affecting the species. Maps depicting the historical range and current
populations are included in the SSA for reference.
Peer review. We solicited independent peer review of the SSA Report
by six individuals with expertise in crayfish; aquatic invertebrates,
population, or landscape ecology; genetics and conservation genetics;
and/or speciation and conservation biology. We received comments from
one of the six peer reviewers. The SSA report and other materials
relating to this proposal can be found on the Service's Southeast
Region website at https://www.fws.gov/southeast/ and at https://www.regulations.gov under Docket No. FWS-R4-ES-2017-0061.

[[Page 331]]

Information Requested

Public Comments

We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from other concerned governmental agencies,
Native American tribes, the scientific community, industry, or any
other interested parties concerning this proposed rule. We particularly
seek comments concerning:
(1) The Panama City crayfish's biology, range, and population
trends, including:
(a) Biological or ecological requirements of the species, including
habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species, its
habitat, or both.
(2) Factors that may affect the continued existence of the species,
which may include habitat modification or destruction, overutilization,
disease, predation, the inadequacy of existing regulatory mechanisms,
or other natural or manmade factors.
(3) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to this species and existing regulations
that may be addressing those threats.
(4) Additional information concerning the historical and current
status, range, distribution, and population size of this species,
including the locations of any additional populations of this species.
(5) Specific prohibitions and exceptions to those prohibitions that
may be necessary and advisable for the Panama City crayfish's
conservation. We intend to publish, as appropriate, a more tailored
proposed rule with provisions set forth under section 4(d) of the Act
for public review and comment in the future. Activities we are
considering for potential exemption under a section 4(d) rule include,
but are not necessarily limited to, exceptions for:
(a) Specific soil and vegetation restoration activities that will
benefit the Panama City crayfish;
(b) Water quality improvement;
(c) Genetic and population monitoring;
(e) Activities that maintain native vegetation near occupied or
likely to be occupied Panama City crayfish habitat;
(f) Sustainable silviculture practices that primarily occur
adjacent to Panama City crayfish habitat and that are implemented
according to certified best management practices; or
(g) Any additional activities that should fall under the 4(d) rule.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include.
Please note that submissions merely stating support for or
opposition to the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination, as section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is an endangered or threatened
species must be made ``solely on the basis of the best scientific and
commercial data available.''
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Panama City Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT).

Public Hearing

Section 4(b)(5) of the Act provides for one or more public hearings
on this proposal, if requested. Requests must be received by the date
listed above in DATES. Such requests must be sent to the address shown
in FOR FURTHER INFORMATION CONTACT. We will schedule public hearings on
this proposal, if any are requested, and announce the dates, times, and
places of those hearings, as well as how to obtain reasonable
accommodations, in the Federal Register and local newspapers at least
15 days before the hearing.

Peer Review

In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), and our August 22,
2016, memorandum updating and clarifying the role of peer review of
listing actions under the Act, we sought the expert opinions of six
appropriate specialists regarding the SSA report, which informed this
proposed rule. We received a response from one of the six peer
reviewers. The purpose of peer review is to ensure that our listing
determination is based on scientifically sound data, assumptions, and
analyses. The peer reviewers have expertise in crayfish biology,
habitat, and stressors to the species. We invite any additional comment
from the peer reviewers during this public comment period; these
comments will be available along with other public comments in the
docket for this proposed rule.

Previous Federal Action

In 2010, the Center for Biological Diversity (CBD) petitioned the
Service to list 404 aquatic, riparian, and wetland species from the
Southeastern United States under the Act. The Panama City crayfish was
among these 404 species. On September 27, 2011, the Service published a
substantial 90-day finding for 374 of the 404 species, including the
Panama City crayfish, soliciting information about, and initiating
status reviews for, those species (76 FR 59836). In 2015, CBD filed a
complaint against the Service for failure to complete a 12-month
finding for the Panama City crayfish within the statutory timeframe.
The Service entered into a settlement agreement with CBD to address the
complaint; the court-approved settlement agreement specified that a 12-
month finding for the Panama City crayfish would be delivered to the
Federal Register by September 30, 2017. On September 21, 2017, the
Court approved an extension, allowing the Service to submit this 12-
month finding to the Federal Register no later than December 29, 2017.

Background

A thorough review of the taxonomy, life history, and ecology of the
Panama City crayfish (Procambarus econfinae) is presented in the SSA
report, version 1.0 (Service 2017). The SSA report documents the
results of our comprehensive biological status review for the Panama
City crayfish, including an assessment of the potential stressors

[[Page 332]]

to the species. The SSA report does not represent a regulatory decision
by the Service on whether the species should be proposed for listing as
an endangered or threatened species under the Act. It does provide the
scientific basis that informs that decision, which involves the further
application of standards within the Act and its implementing
regulations and policies. The full SSA report can be found on the
Service's Southeast Region website at https://www.fws.gov/southeast/
and at https://www.regulations.gov under Docket No. FWS-R4-ES-2017-0061.

Species Description

The Panama City crayfish is a small, semi-terrestrial crayfish that
grows to about 2 inches (in) (50.8 millimeters (mm)) in length (minus
claws), and is found in south-central Bay County, Florida. The species'
color pattern consists of a medium dark-brown background color, lighter
brown mid-dorsal stripe, and darker brown dorsolateral stripes (FWC
2016, p.1). The Panama City crayfish was first described by Hobbs in
1942 from Bay County, Panama City, Florida. Currently, the Panama City
crayfish is classified in the family Cambaridae and is considered a
valid taxon by the scientific community (Taylor et al. 1996, 2007;
Integrated Taxonomic Information System 2017). The life history of the
Panama City crayfish specifically is not well known. Cambarid crayfish
may live about 2.5 to 3 years (Hobbs 2001, p. 977), with a generation
period of 2 years. For this family of crayfish, the majority breed more
than once, with mating among mature yearlings frequent; however, many
individuals do not become sexually active until late summer or fall.
Females may produce between 30 and 160 eggs, and have been found with
eggs and/or young from March through September. Juveniles are most
frequently found in the summer and have been observed through December,
so young appear to be produced from at least March through December.
Juveniles can be carried overland by sheet flow during rainy periods,
which aids in dispersal (Keppner and Keppner 2002, p. 11).
Eight crayfish species are known to occur within the range of the
Panama City crayfish, although only the hatchet crayfish, Procambarus
kilbyi, and the jackknife crayfish, Procambarus hubbelli, are found in
the same habitat as the Panama City crayfish and may co-occur with it
(FWC 2017). The Panama City crayfish is not known to hybridize with
other species of crayfish.
Historically, the species inhabited natural and often temporary
bodies of shallow fresh water within open pine flatwoods and wet
prairie-marsh communities. However, most of these communities have been
cleared for residential or commercial development or replaced with
slash pine plantations. The Panama City crayfish currently is known to
inhabit the waters of grassy, gently sloped ditches and swales, slash
pine plantations, utility rights-of-way and a few remnant parcels
protected under wetland and private easements (FWC 2016, p. 2).
The highest densities of Panama City crayfish have been recorded in
areas with little to no shrub or tree cover (FWC 2016, p.2). Suitable
habitat is normally dominated by herbaceous vegetation. Lowest
population densities have occurred in small, open sites where shrubs or
trees were present, or in the furrows between bedding rows in some pine
plantations (Keppner and Keppner 2005). When encountered in dense titi
(Cyrilla racemiflora and Cliftonia monophylla) swamps, the species was
associated with temporarily inundated areas open to the sun with some
herbaceous vegetation. Such sites may be considered secondary or
suboptimal habitat for the species. On sites where mixed habitat
features are present (e.g., partially wooded sites or sites with
permanent, deep-water ponds), the Panama City crayfish appears to
select favorable areas dominated by herbaceous vegetation, with shallow
or fluctuating water levels (FWC 2016, p. 3; Keppner and Keppner 2005).
The Panama City crayfish relies on particular soil types for burrow
construction and supporting the herbaceous vegetation; these soil types
are categorized as core or secondary soils. Core soils provide the best
substrate to support the species; secondary soils are less ideal but
still used. The core and secondary soil types that support Panama City
crayfish within their known range are described in more detail in the
SSA report (Service 2017, pp. 23-24).
Panama City crayfish build burrows for shelter and are categorized
as secondary burrowers, which are normally in surface water when it is
present on the hydric soils they inhabit (Hobbs 1981). They construct
burrows that contact the water table as the surface water of their
habitat recedes, and they occupy burrows when surface water is absent
or during periods of extreme water temperatures. They emerge from the
burrows when surface water is present again or water temperatures are
favorable. It appears that they can survive significant periods of
drought in their burrows when they can maintain contact with the water
table. During these dry periods the Panama City crayfish excavates and
lives in unbranched burrows up to three feet long that extend down to
the water table, thereby enabling the species to remain adequately
hydrated and survive (FWC 2016, p. 3).
Little is known about the specific feeding habits of the Panama
City crayfish. Observations on Panama City crayfish that were held in
aquaria spanning 1.5 plus years (Keppner 2014) indicate that they are
detritivores and herbivores. Specimens were offered dead animal
material, but they avoided it in favor of processing the substrate for
particles of prepared fish food and the fresh aquatic vegetation that
were provided as primary food sources. Herbaceous vegetation likely
serves as a food source for the Panama City crayfish.
The Panama City crayfish historically ranged throughout south-
central Bay County, Florida within a 56 square mile area (see Figure
1). The historical range likely created one population connected by
core and secondary soils. As urban growth came to Panama City, the
range became fragmented and isolated patches. Today, the species has 13
localized populations that can be divided into two distinct groups: The
western and eastern group. The western group includes 8 separate
populations and the eastern group includes 5 separate populations. The
13 populations are described in more detail in the SSA report (Service
2017, pp. 35-54).

[[Page 333]]

[GRAPHIC] [TIFF OMITTED] TP03JA18.009

Species Needs and Viability

The Panama City crayfish needs freshwater wetlands that support
herbaceous vegetation, which is important to the Panama City crayfish
for food, shelter, and detritus formation. The species needs core or
secondary soils to provide the proper sediment structure for burrow
construction and to support the herbaceous vegetation. The Panama City
crayfish needs access to groundwater (through burrowing) or surface
water to prevent desiccation of individuals and populations. The
species needs both adequate water quality and quantity to fulfill its
life history.
We describe the Panama City crayfish's viability by characterizing
the status of the species in terms of its resiliency (ability of the
populations to withstand stochastic events), redundancy (ability of the
species to withstand large-scale, catastrophic events), and
representation (the ability of the species to adapt to changing
environmental conditions). Using various time frames and the current
and projected resiliency, redundancy, and representation, we describe
the species' level of viability over time. For the Panama City crayfish
to maintain viability, its populations or some portion thereof must be
resilient. A number of factors influence the resiliency of Panama City
crayfish

[[Page 334]]

populations, including the inbreeding coefficient, population
isolation, and population abundance. Elements of Panama City crayfish
habitat that determine whether Panama City crayfish populations can
grow to maximize habitat occupancy influence those factors, thereby
increasing the resiliency of populations. These demographic and habitat
factors are discussed here; for each factor, we assigned a condition
category of high, medium, or low (see Table 1). We evaluated each
population and assigned it a high, medium, or low condition category
for each factor, as well as an overall condition.

Table 1--Demographic and Habitat Factors for Panama City Crayfish
[Service 2017, p. 64]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Demographic factors Habitat elements
--------------------------------------------------------------------------------------------------------------------------
Condition category Population Suitable
Inbreeding isolation Population Freshwater quality & Herbaceous ground cover habitat
coefficient (km) abundance quantity (acres)
--------------------------------------------------------------------------------------------------------------------------------------------------------
High......................... >0.400 <0.5 >51 <33% developed and easements or ROW with >15 >800
unsuitable. acres that is managed.
Moderate..................... 0.200-0.400 0.5-2.0 21-50 33-66% developed and easements or ROW with <=15 100-800
unsuitable. acres suitable habitat
that is managed; or timber
lands.
Low.......................... <0.200 >2 1-20 >66% developed and no managed lands, habitat <100
unsuitable acres. currently a titi
monoculture.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Population Isolation: Least-cost path distance to nearest population in kilometers.
Population Abundance: Based on population sampling counts from all conducted surveys recorded.
Freshwater Quality & Quantity: Percentage of developed and unsuitable acres within the area supporting each population.
Herbaceous Ground Cover: Includes land with and without easements, size of easements, and management activities.
Suitable Habitat: Acres of undeveloped core and secondary soils within the area supporting each population.

Inbreeding coefficient: The Panama City crayfish, once connected
through core and secondary soils within a 56 square mile area, is now
separated into 13 populations that, when combined, total a
significantly smaller area than occupied by the historical,
interconnected population. A recent genetic analysis of population
differentiation and clustering to assess population structure of the
Panama City crayfish quantified each population's inbreeding
coefficient numbers (Duncan et al. 2017). An inbreeding coefficient
number shows the probability of inheriting two copies of the same
allele from an ancestor that occurs on both sides of the pedigree. For
Panama City crayfish populations, the differences in inbreeding
coefficient numbers likely correspond to patterns of fragmentation from
urban development and not necessarily from selective pressures
maintaining adaptive differences. Little work has been done on the
population genetics of wild crayfish populations. We have no comparison
for values in crayfish species of expected inbreeding coefficients
(Duncan et al. 2017), and treat this as a relative measure. Thus, we
ranked individual populations into three numerically distinct breaks:
Low when inbreeding coefficients were less than 0.200, moderate when
they ranked between 0.200-0.400, and high when results were greater
than 0.400.
Population isolation: To promote genetic connectivity in Panama
City crayfish, we must have an understanding of their potential
abilities to move between populations. One working hypothesis was that
ditches within the range promote movement, especially during flooding
events. This idea is supported by observations of some localized
movements of Panama City crayfish into previously unoccupied ditches
after recent flooding where they were not seen in these new locations
during the next sampling event.
Because the landscape occupied by the Panama City crayfish is
spatially heterogeneous, it is important to understand how certain
landscape features affect the species' ability to move in order to meet
requirements for foraging, migration, or other movement-dependent
processes (Crooks and Sanjayan 2006 as cited in Duncan et al. 2017). We
relied on a landscape ``Least Cost Path'' land cover analysis conducted
by Duncan et al. (2017) to assist in determining what may affect
genetic connectivity in Panama City crayfish and inform our
understanding of population isolation.
Population abundance: The size of an individual population coupled
with age and sex classifications can be used as an indicator of
resiliency. Within the SSA report, we have summarized the years that
surveys of varying levels were completed within each population. The
protocol currently used for PCC monitoring typically depends on dip-net
sampling when sufficient surface water is present and nondestructive
evaluation of crayfish burrows. The protocol can miss specimens in
vegetation and does not sample individuals living below ground in
burrows, and we currently do not have an estimate of detection
probability using this protocol. The protocol is quantitative and
results in a catch per standard unit effort estimate of the population.
We use population counts to assess the relative population size across
the range of the species.
Freshwater quality and quantity: Although crayfish are facultative
air breathers, moisture is required to facilitate the respiratory
process (Longshaw and Stebbing 2016, p. 327). Burrowing to groundwater
or access to surface water are both important habitat features needed
to prevent desiccation of individuals and populations. Declines in
water quality are known to present a significant threat to other
species of crayfish (and presumably to PCC). These declines can range
from oxygen-deficient conditions resulting from algal blooms, sewage
spills, or localized leaks to pollution originating from roadway runoff
or chemical spills (Acosta and Perry 2001). The Panama City crayfish
often inhabits ditches and swales close or adjacent to commercial and
private properties, which may affect the water quality at these sites.
We used a proxy measure of water quality and quantity based on the
amount of development surrounding the population. We assumed that
greater acreage in developed and unsuitable landcover types (which
includes transportation and other development-related types) is
correlated with declines in this habitat element. Herbaceous ground
cover: Herbaceous vegetation is important to the Panama City crayfish

[[Page 335]]

for food, detritus formation, and cover. Absence of vegetation
increases exposure of this small crayfish to predation and reduces
availability of food. Suitable habitat: Species sampling efforts and a
recent landscape modeling analysis support the theory that the Panama
City crayfish almost exclusively relies on core and secondary soils.
These soils provide the sediment structure needed for burrow
construction to the water table and also support the herbaceous
vegetation upon which the species relies for food and cover. Lands
supporting the Panama City crayfish must be of sufficient size to
sustain a population, but we don't know the minimum size, as many
factors influence a Panama City crayfish population, including other
habitat conditions. The recent work of Duncan et al. (2017) showed that
all remaining populations with >800 acres of suitable habitat
supporting them were genetically healthy, and population counts support
this as well.
Maintaining representation in the form of genetic or ecological
diversity is important to maintain the Panama City crayfish's capacity
to adapt to future environmental changes. The 13 remaining populations
show relatively high genetic differentiation with inbreeding
coefficients ranging from 0.214 to 0.493 and associated acreages of
suitable habitat ranging from 5 acres to 5,309 acres.
Redundancy reduces the risk that a large portion of the species'
range will be negatively affected by a natural or anthropogenic
catastrophic event at a given point in time. Species that have
resilient populations spread throughout their historical range are less
susceptible to extinction (Carroll et al. 2010; Redford et al. 2011).
The Panama City crayfish historically lacked redundancy in that its
historical range consisted of one population of interconnected soils.
Today, there is a distinct genetic difference between individual
patches located in the western range versus individual patches within
the eastern range, which likely corresponds to patterns of
fragmentation from urban development as well as some natural wetland
buffers (creeks, stream bodies) (Duncan et al. 2017).

Summary of Biological Status and Threats

We completed a comprehensive assessment of the biological status of
the Panama City crayfish, and prepared a report of the assessment,
which provides a thorough account of the species' overall viability. In
this section, we summarize the conclusions of that assessment, which
can be accessed at Docket No. FWS-R4-ES-2017-0061 on https://www.regulations.gov.

Summary of Factors Affecting the Species

The Act directs us to determine whether any species is an
endangered species or a threatened species because of any factors
affecting its continued existence. We reviewed the potential risk
factors (i.e., threats, stressors) that could be affecting the Panama
City crayfish now and in the future. In this proposed rule, we will
discuss in detail only those factors that could meaningfully impact the
status of the species. The primary risk factors (i.e., threats)
affecting the status of the Panama City crayfish are habitat loss and
degradation, habitat fragmentation, and subpopulation isolation due to
development (Factor A from the Act). Additional stressors to the
species include collection for bait (Factor B), disease (Factor C),
off-road vehicle use (Factor A), and insecticide application (Factor
E); however, our analysis shows that while these stressors may be
impacting individual Panama City crayfish, they are not having species-
wide impacts. For a full description of all identified stressors, refer
to chapter 4 of the SSA report (Service 2017).
Factor A. The Present or Threatened Destruction, Modification, or
Curtailment of Its Habitat or Range
Development projects and land conversion can result in direct loss
of habitat, as well as fragmentation and isolation of populations. The
effects of development may also include alterations to water quality
and quantity. Historically, the Panama City crayfish inhabited natural
and often temporary bodies of shallow fresh water within open pine
flatwoods and wet prairie-marsh communities (Hobbs 1942). The Panama
City crayfish's natural habitat (wet pine flatwoods) has been lost or
degraded through residential, commercial, and industrial development,
as well as conversion to intensive pine silviculture and for ranching
and farming uses. It is likely that no unaltered natural pine flatwoods
remain within the Panama City crayfish's current range.
Most known Panama City crayfish occurrences are in human-altered
habitats and are vulnerable to further loss or alteration. Although
artificial habitats such as roadside ditches and rights-of-way have
allowed the Panama City crayfish to persist in areas from which they
would otherwise likely have been extirpated, human activities can alter
the hydrology and configuration of these sites, making them unsuitable
for long-term Panama City crayfish persistence. For example, roadside
ditch maintenance and construction activities have resulted in the
destruction of several crayfish sites.
While ditch maintenance activities may have temporary negative
impacts on the species, if conducted using conservation management
principles, they may provide long-term habitat improvements that
support Panama City crayfish presence. For example, the design of the
ditch helps determine whether it can support Panama City crayfish.
Swales and ditches with herbaceous vegetation and a 3:1 or shallower
slope are more likely to support Panama City crayfish than ditches with
a steeper slope (FWC 2017, p. 22).
Infrastructure development has impacted, or is anticipated to
impact, several crayfish sites (Keppner and Keppner 2001, pp. 13-14,
2004, p. 9). For example, several proposed road construction or
expansion projects, such as the widening of Star Avenue and Kern Avenue
and the widening and hardening of Tram Road, may impact Panama City
crayfish habitat in the future. Infrastructure development can
eliminate suitable Panama City crayfish habitat by removing the
required herbaceous vegetation and digging up the surrounding soils.
Silvicultural practices such as ditching and bedding, roller
chopping, installing fire breaks, and constructing roads can alter the
hydrology of Panama City crayfish sites, create physical barriers to
crayfish movement, and destroy underground burrows (Hobbs 2001, p. 988;
Keppner and Keppner 2001, p. 13, 2004, p. 10; FWC 2006, p. 10). These
activities may contribute to the isolation of Panama City crayfish
populations. Fire suppression and high tree density on silvicultural
sites can reduce herbaceous groundcover necessary for suitable crayfish
habitat (Keppner and Keppner 2001, p. 13, 2004, p. 10; FWC 2006, p.
27). Similarly, removal of tree canopy cover, changes in ground cover
vegetation, and associated changes in water quality and surface water
availability are all possible changes associated with the effects of
conversion to farming and ranching practices, such as cattle grazing
(e.g., Jansen and Robertson 2001, pp. 71-73). These activities
negatively impact the habitat of the Panama City crayfish. Although
minimal changes are expected to occur due to farming and ranching
practices, conversion from silviculture to grazing use has occurred on
lands adjacent the crayfish's range.

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Freshwater crayfish may be sensitive to declines in water quality
and declines have been identified as a threat to other crayfish
species. Water quality declines can range from oxygen-deficient
conditions resulting from algal blooms or sewage spills to pollution
originating from roadway runoff, pesticide applications, or chemical
spills (Acosta and Perry 2001, p. 46). Given the level of development
throughout the range of the Panama City crayfish and the occurrences of
Panama City crayfish adjacent to private properties, runoff from roads
or improper application of chemicals, such as pesticides or
fertilizers, may negatively impact water quality and have direct
impacts on the species.
The majority of known Panama City crayfish occurrences in the
western part of the range are in roadside ditches and swales that are
isolated from other Panama City crayfish populations by roads,
development, and land use changes. Fragmentation and isolation can
increase vulnerability to local extirpation due to adverse genetic,
demographic, and environmental events. Further, when Panama City
crayfish have been extirpated from an area, lack of habitat connections
between sites can prevent Panama City crayfish from recolonizing the
newly vacant sites (FWC 2006, p. 10). Recent genetic work indicates the
isolation in the western portion of the range has resulted in
inbreeding and drift (Duncan et al. 2017, p. 17).
In addition to the effects on habitat described above, many of the
activities contributing to habitat loss and degradation can also
directly harm or kill Panama City crayfish. Continuous loss of
individuals can eventually lead to extirpation of isolated populations.
In particular, roadside maintenance, dredging, and infrastructure
development in roadside ditches and silvicultural and farming
activities, if done without appropriate safeguards, have the potential
to kill, harm, or displace Panama City crayfish due to the removal by
heavy machinery of soil from crayfish sites. In addition, fill placed
on sites in preparation for construction activities can entomb crayfish
in their burrows
Off-road vehicle use may impact the Panama City crayfish by
crushing, as well as impacting the habitat through rutting of the soil
and destruction of vegetation (FWC 2016, p. 11). Off-road vehicle use
has been documented in areas within the eastern part of the Panama City
crayfish's range along Gulf Power rights-of-way. Gulf Power has blocked
access to these rights-of-way with gates, so access to these areas is
limited and we do not expect off-road vehicle use is resulting in
species-wide impacts.
Factor B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Crayfish may be recreationally harvested for fish bait. Within the
range of the Panama City crayfish, several of the areas where the
species occurs are known to be utilized by locals collecting fish bait
(FWC 2016, p.11; Keppner and Keppner 2001, 2005). However, although
harvesting individual crayfish at these sites has been documented, the
actual species collected are unknown. Therefore, while harvesting
crayfish may be impacting individual Panama City crayfish, we find that
it is not having a species-wide impact.
Florida State Code 68A-9.002 authorizes the Director of the Florida
Fish and Wildlife Conservation Commission to issue permits to collect
any wildlife species for ``scientific, educational, exhibition,
propagation, management or other justifiable purposes.'' Permits have
been issued for biologists conducting surveys on the Panama City
crayfish; however, the Panama City crayfish is not known to be targeted
for significant scientific or educational collections.
Factor C. Disease or Predation
Disease agents and pests identified for freshwater crayfish include
viruses, bacteria, rickettsia-like organisms, fungi, protistans, and
metazoans (Evans et al. 2002, p. 1). There is no reported information
on the presence of disease or parasites in the Panama City crayfish to
date. Nothing indicates that predation or competition by native or non-
native predators is currently affecting Panama City crayfish at the
species level.
Factor D. The Inadequacy of Existing Regulatory Mechanisms
The following existing regulatory mechanisms were considered and
discussed as they relate to the stressors, under the applicable
Factors, affecting the Panama City crayfish: Florida State Code 68A-
9.002 (Factor B).
The Panama City crayfish is currently identified as a State Species
of Special Concern in Florida (Florida State Code 68A-27.005). Species
of Special Concern require individuals to obtain a permit from the FWC
Executive Director in order to take, possess, transport, or sell the
species.
FWC has developed voluntary draft guidelines for developers to
consider when undertaking projects that may impact Panama City crayfish
and its habitat (FWC 2016). However, these guidelines are not
regulatory in nature. We are not aware of any regulatory mechanisms in
place to address the threat of habitat loss, fragmentation, and
degradation due to development.
Factor E. Other Natural or Manmade Factors Affecting Its Continued
Existence
The Service considered several additional stressors to the Panama
City crayfish, including chemical application and sea level rise.
Mosquitocides are used within the range of the Panama City crayfish
to treat both larval and adult mosquitoes. The mosquitocides registered
for use within the range of the Panama City crayfish do not pose known
threats to water quality if applied per label directions (FWC 2016, p.
10). Fertilizers, insecticides, and herbicides may pose a risk to
Panama City crayfish if applied inappropriately.
The Panama City crayfish was included in a statewide vulnerability
assessment for approximately 1000 species in Florida (Reece et al.
2013, Hocter et al. 2014) using a Standardized Index of Vulnerability
and Value Assessment (SIVVA; Reece and Noss 2014). Based on the data
used in this assessment, the Panama City crayfish did not meet the
vulnerability assessment criteria. The assessment used a 10 meter
digital elevation model ``bathtub'' projection that showed 2 meters of
sea level rise and overlapped these projections with species' `element
occurrences.' (Reece et al 2013). The assessment focused on those
species which had 50% or more of their occurrences intersecting with
the sea level rise projection. The Panama City crayfish did not meet
this criteria. Overall, little suitable habitat for Panama City
crayfish will be affected by sea level rise (Hocter et al. 2014).

Conservation Actions

Several private lands within the Panama City crayfish's range are
being managed under conservation easements for the species. These
easements largely cover wet pine flatwoods and wet prairie habitats.
Other private lands are inaccessible to surveyors, but if they lack
significant disturbance and have suitable habitat for the species, they
are likely occupied by Panama City crayfish.
Areas in silviculture adjacent to human-altered habitats may serve
as refuges for Panama City crayfish, and silvicultural BMPs require
operators to minimize impacts to Panama City crayfish. Use of BMPs for
agriculture and grazing can also help minimize impacts to aquatic
species (e.g., Florida

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Department of Agriculture and Consumer Services 2008, p. 1). Gulf Power
Company manages rights-of-way along approximately 114 acres of land
that is populated by the Panama City crayfish. The Service and FWC have
a management agreement that provides recommended BMPs to Gulf Power
Company; the management practices through this agreement have proven
effective as the crayfish continue to thrive within the easement areas.

Current Condition

The historical range of the Panama City crayfish included a 56-
square-mile area in Bay County, Florida. It was likely one contiguous
population within open pine flatwoods and prairie-marsh communities
providing connectivity across the landscape. Currently, the species is
found in 13 genetically distinct populations within the boundaries of
its historical range. Within its range, 61 percent (9,180 acres) of
habitat with core soils and 46 percent (5,646 acres) of habitat with
secondary soils remain undeveloped, and the total amount of available
suitable habitat based on soils is 54 percent of the historical habitat
available to the species.
The current condition is a qualitative estimate based on an
analysis of the three population factors (inbreeding, population
isolation, and population sampling/relative abundance) and three
habitat elements (water quality/availability, herbaceous ground cover,
and suitable habitat). Overall population and habitat condition
rankings were determined by combining the three population factors and
three habitat elements using the most frequent score for individual
factors as the overall score. Of the 13 populations described, the
current conditions show 4 (31 percent) populations are estimated to
have high resiliency, 5 (38 percent) moderate resiliency, and 4 (31
percent) low resiliency. In the western group of populations, 4
populations have low resiliency, 3 populations have moderate
resiliency, and 1 has high resiliency. In the eastern group, 2
populations have moderate resiliency and 3 populations have high
resiliency. Generally, genetic variation is low and inbreeding is high
across the range, which indicate a high degree of current population
isolation. This pattern is generally more pronounced in the sampling
locations in the west (heavily urbanized areas).

Future Condition

For the purpose of this assessment, we define viability as the
ability of the species to sustain populations in the wild over time.
This discussion explains how the stressors associated with habitat
loss, fragmentation, and degradation from residential and commercial
development will influence resiliency, redundancy, and representation
for the Panama City crayfish throughout its current known range using a
series of plausible scenarios for 2030, 2050, and 2070. We predicted
both future population factors (inbreeding and population isolation)
and habitat factors (water quality and quantity, herbaceous ground
cover, and suitable habitat) and evaluated these to inform our future
conditions.
To predict potential future changes related to urban growth, we
used layers from the Southeast Regional Assessment Project (SERAP, from
the Biodiversity and Spatial Analysis Center at North Carolina State
University; 60m resolution), a modification of the SLEUTH Projected
Urban Growth model (Jantz et al. 2010, entire; Terando et al. 2014,
entire). SERAP identifies the parameters in global and regional models
that are most likely to affect the Southeast region's climate and local
landscape dynamics, with the goal of providing decision makers with
information about low-probability, high-impact climate extremes through
downscaled models and threats analysis. We used these products to map
future predicted changes in urbanization in 2030, 2050, and 2070. The
uncertainty associated with the SLEUTH model increases in time, as the
species' response to the dynamic nature of the variables becomes less
predictive. There is a greater confidence in predicting potential
development and the species' response to changes in the landscape in
the near future rather than the distant future.
To address uncertainty associated with the degree and extent of
potential future stressors and their impacts on species' requisites,
the 3Rs were assessed using three scenarios: status quo development
(i.e., >=80 percent probability of occurring), moderate development
(>=30 percent probability of occurring), and high development (>=0
percent probability of occurring). The scenarios included projecting
possible future development using the SERAP model (Jantz et al. 2010,
entire; Terando et al. 2014, entire). They also describe the predicted
effects of the development on loss and fragmentation of suitable
habitat rangewide and on each of 11 known populations, and draw
inferences about population health based on the work of Duncan et al.
(2017, entire). We excluded two populations (College Point and City of
Lynn Haven) from our scenario analysis due to insufficient available
data. Please refer to the SSA report (Service 2017) for the full
analysis of the future scenarios.
In scenario one, the ``status quo'' scenario, we considered the
development most likely to occur. Based on the SERAP model, this was
development with a =80 percent probability. Under this
scenario, Panama City crayfish will lose 1,401 to 3,096 acres of
habitat rangewide as developed land increases from 20,221 to 25,040
acres. This loss, fragmentation, and degradation of habitat would
reduce the number of resilient populations in high or moderate
condition from nine currently to five by 2050. This loss of resiliency
comes from both a reduction in habitat elements as well as the effects
of isolation and drift on the populations themselves.
Under the ``status quo'' scenario, only one resilient population
(the St. Joe population) is predicted to remain in the western group by
2050. This results in a loss of redundancy and representation, as only
one resilient population will remain in the western group. In the
eastern group, four resilient populations are predicted to persist
through 2070.
In scenario two, the ``intermediate development'' scenario, we
considered development with a moderate potential to occur. Based on the
SERAP model, this was development with a >=30 percent probability of
occurring. In this scenario, the Panama City crayfish will lose 2,252
to 4,854 acres of habitat rangewide as developed land increases from
20,221 to 27,332 acres. This loss, fragmentation, and degradation of
habitat is predicted to reduce the number of resilient populations in
high or moderate condition from nine currently to four by 2070. This
loss of resiliency comes from both a reduction in habitat elements as
well as the effects of isolation and drift on the populations
themselves.
Under the ``intermediate development'' scenario, only one resilient
population (the St. Joe population) is predicted to remain in the
western group by 2050. This results in a loss of redundancy and
representation, as only one resilient population will remain in the
western group. In the eastern group, three resilient populations are
predicted to persist through 2070.
In scenario three, ``high development'' or ``worst case'' scenario,
we considered the development that is least likely to occur. Based on
the SERAP model, this was development with at >0 percent probability of
occurring. In this scenario, the Panama City crayfish will lose 3,233
to 6,130 acres of habitat

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rangewide as developed land increases from 20,221 to 28,899 acres. This
loss, fragmentation, and degradation of habitat is predicted to reduce
the number of resilient populations in high or moderate condition from
nine currently to three by 2070. This loss of resiliency comes from
both a reduction in habitat elements as well as the effects of
isolation and drift on the populations themselves.
Under the ``high development'' scenario, all resilient populations
in the western group are predicted to be lost by 2050, resulting in a
loss of all representation and redundancy in the western group. In the
eastern group, three resilient populations are predicted to persist
through 2070.

Determination

Section 4 of the Act (16 U.S.C. 1533), and its implementing
regulations at 50 CFR part 424, set forth the procedures for adding
species to the Federal Lists of Endangered and Threatened Wildlife and
Plants. Under section 4(a)(1) of the Act, we may list a species based
on: (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.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Panama City crayfish. Our analysis of this information indicates
that, at the species level, habitat development (Factor A) is the
primary factor affecting the Panama City crayfish now and into the
future. There may be additional infrastructure projects (e.g. roads,
ditches, etc.) that affect the hydrology within the range of the Panama
City crayfish as a result of forest clearing for permanent rights of
way or silviculture. Additionally, the current level of habitat
fragmentation (Factor A) further isolates populations, which reduces
gene flow and limits the potential for the species to disperse. In
addition, we have no evidence that ORV use (Factor A), overutilization
(Factor B) or disease (Factor C) is affecting populations of Panama
City crayfish.
The Act defines an endangered species as any species that is ``in
danger of extinction throughout all or a significant portion of its
range.'' We find that an endangered species status is not appropriate
for the Panama City crayfish because the species maintains multiple
resilient populations across its historical range and the risk is low
that the species would not persist in the near term; in other words,
the risk of the Panama City crayfish significantly declining in the
near term is low given that it has persisted despite historical levels
of habitat loss. The current conditions as assessed in the Panama City
crayfish SSA report show that only 43 to 54 percent of the original
lands historically available to the Panama City crayfish remain
potentially available for use by the Panama City crayfish. However,
while the species' habitat has been reduced by at least 46 percent, the
species currently consists of 13 populations, 9 of which are highly to
moderately resilient and found across its historical range. Further,
despite changes to the crayfish's natural habitat of wet pine
flatwoods, the species currently persists using artificial habitats
such as roadside ditches and rights-of-way although these sites may
become unsuitable long term due to anthropogenic activities that can
alter their hydrology or configuration. Therefore, we conclude that the
current risk of extinction of the Panama City crayfish is sufficiently
low that it does not meet the definition of an endangered species under
the Act.
The Act defines a threatened species as any species that is
``likely to become endangered throughout all or a significant portion
of its range within the foreseeable future.'' We find that the status
of the Panama City crayfish meets the definition of a threatened
species. Based on the biology of the species and the threats acting on
it, the foreseeable future used in the determination was 20 to 30
years. The generation time for the species is 2 years with a life-span
up to 3.5 years; the period of 20-30 years encompasses 10-15
generations, which is more than sufficient time to determine the
species' response to the stressors. Although the future scenarios,
which were snapshots in time for predicting resiliency, redundancy, and
representation extended through 2070, the uncertainty as to the
outcomes with regard to the responses to the stressors became so great
as to render the scenarios too unreliable beyond 2050 for that time
period to be considered the foreseeable future.
Habitat fragmentation and isolation have contributed to the
partitioning into 13 populations. While the Panama City crayfish faces
a variety of threats, only one threat, habitat loss and degradation,
habitat fragmentation, and subpopulation isolation due to urban
development, was considered an important factor in our assessment of
the future viability of the Panama City crayfish. Based on our future
scenarios for urban development, we predict major losses of resiliency,
representation, and redundancy for Panama City crayfish in the
foreseeable future. Especially problematic is the predicted complete
loss of resilience and redundancy from the western populations, which
reduces half of the representation of Panama City crayfish. These
combined losses under even the most probable status quo scenario make
the ability of Panama City crayfish to sustain its populations into the
foreseeable future questionable assuming current levels of protection
and management.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Panama City crayfish. Habitat loss from development is occurring
rangewide and has resulted in the fragmentation of the landscape. The
fragmentation of suitable habitat has caused the isolation of existing
populations limited to ditches, swales, slash pine plantations, and
utility rights-of-ways. At the population level, Panama City crayfish
now exists in 13 populations. Currently, four populations are estimated
to maintain high resiliency; five are estimated to have moderate
resiliency; and four are estimated to have low resiliency, including
the two populations that are in the low condition but were excluded
from future scenario analysis because of inadequate data.
At the species level, the 13 Panama City crayfish populations are
broken down into an eastern group of five populations and a western
group of eight populations based on the characteristics of Panama City
crayfish and its geographic distribution. Currently, four populations,
all in the west, are in low condition, including the two that were
excluded from future condition analysis because of inadequate data.
These two populations represent 31 percent of the known populations
overall and 50 percent of the western group, and, although still in
existence, they may not contribute to the future redundancy of Panama
City crayfish, because the populations are already experiencing genetic
drift and the habitat that supports them is susceptible to future
development.
All future scenarios predicted a negative impact on the redundancy
of Panama City crayfish. Under the ``status quo'' scenario, 62 percent
of populations are in low condition by 2050; this percentage increases
to 69 percent under the ``intermediate development'' scenario and to 77
percent under the ``high development'' scenario. The greatest loss of
redundancy for Panama City crayfish is

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predicted to occur in the western group. In this group, 100 percent of
the populations are in low condition by 2050 under the ``high
development'' scenario and 88 percent under the other two scenarios. In
the eastern group, three populations are predicted to remain
strongholds for Panama City crayfish, although they would represent
only 60 percent of the remaining eastern populations.
At the species level, we estimate that the Panama City crayfish
currently has low to moderate adaptive potential across its range, and
all of the future scenarios are predicted to have an impact on the
species' representation during the 50-year time horizon. Even though
Panama City crayfish has low representation in the western group, with
only two of the eight populations not in low condition, these two
populations likely will persist because of the protection afforded
through conservation easements. The eastern group comprises a much
larger area and contains the three populations currently in high
condition. However, two of these populations, Highpoint and 231-north,
are predicted to be in low condition in the future. This is especially
concerning given that the Highpoint population contains unique genetic
diversity not found in other populations, although more work is needed
to confirm this (Duncan et al. 2017, p. 19).
In short, based on our analysis of the species' current and future
conditions, as well as the conservation efforts discussed above, we
conclude that the population and habitat factors used to determine the
resiliency, representation and redundancy for Panama City crayfish will
continue to decline so it is likely to become in danger of extinction
throughout its range within the foreseeable future. Therefore, on the
basis of the best available scientific and commercial information, we
propose listing the Panama City crayfish as threatened in accordance
with sections 3(6) and 4(a)(1) of the Act.
Under the Act and our implementing regulations, a species may
warrant listing if it is endangered or threatened throughout all or a
significant portion of its range. Because we have determined that the
Panama City crayfish is threatened throughout all of its range, under
the Final Policy on Interpretation of the Phrase ``Significant Portion
of Its Range'' in the Endangered Species Act's Definitions of
``Endangered Species'' and ``Threatened Species'' (79 FR 37577, July 1,
2014) (SPR Policy), if a species warrants listing throughout all of its
range, no portion of the species' range can be a ``significant''
portion of its range.). While it is the Service's position under the
SPR Policy that undertaking no further analysis of ``significant
portion of its range'' in this circumstance is consistent with the
language of the Act, we recognize that the Policy is currently under
judicial review, so we also took the additional step of considering
whether there could be any significant portions of the species' range
where the species is in danger of extinction. We evaluated whether
there is substantial information indicating that there are any portions
of the species' range: (1) That may be ``significant,'' and (2) where
the species may be in danger of extinction. In practice, a key part of
identifying portions appropriate for further analysis is whether the
threats are geographically concentrated. The threats affecting the
species are throughout its entire range; therefore, there is not a
meaningful geographical concentration of threats. As a result, even if
we were to undertake a detailed SPR analysis, there would not be any
portions of the species' range where the threats are harming the
species to a greater degree such that it is in danger of extinction in
that portion.

Critical Habitat

Section 4(a)(3) of the Act, as amended, and implementing
regulations in 50 CFR 424.12, require that, to the maximum extent
prudent and determinable, we designate critical habitat at the time the
species is determined to be an endangered or threatened species.
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 in accordance with the Act, upon a
determination by the Secretary of the Interior that such areas are
essential for the conservation of the species.
Our regulations (50 CFR 424.12(a)(1)) state that the designation of
critical habitat is not prudent when any of the following situations
exist: (1) The species is threatened by taking or other human activity,
and identification of critical habitat can be expected to increase the
degree of threat to the species, or (2) such designation of critical
habitat would not be beneficial to the species. The regulations also
provide that, in determining whether a designation of critical habitat
would not be beneficial to the species, the factors that the Service
may consider include, but are not limited to, whether the present or
threatened destruction, modification, or curtailment of a species'
habitat or range is not a threat to the species, or whether any areas
meet the definition of ``critical habitat'' (50 CFR 424.12(a)(1)(ii)).
As discussed above, there is no evidence that collection or
vandalism are threats to the species, and there is no indication that
identification and mapping of critical habitat is likely to initiate
any such threats. Therefore, in the absence of finding that the
designation of critical habitat would increase threats to the species,
if there are benefits to the species from a critical habitat
designation, a finding that designation is prudent is appropriate.
The potential benefits of designation may include: (1) Triggering
consultation under section 7 of the Act, in new areas for actions in
which there may be a Federal nexus where it would not otherwise occur
because, for example, it is unoccupied; (2) focusing conservation
activities on the most essential features and areas; (3) providing
educational benefits to State or county governments or to private
entities; and (4) preventing people from causing inadvertent harm to
the protected species. Because designation of critical habitat would
not likely increase the degree of threat to the species and may provide
some measure of benefit, designation of critical habitat is prudent for
the Panama City crayfish.
Our regulations (50 CFR 424.12(a)(2)) further state that critical
habitat is not determinable when one or both of the following
situations exists: (1) Information sufficient to perform required
analysis of the impacts of the designation is lacking; or (2) the
biological needs of the species are not sufficiently well known to
permit identification of an area as critical habitat. A careful
assessment of the economic impacts that may occur due to a critical
habitat designation is ongoing, and we are in the process of working
with the States and other partners in acquiring the complex information
needed to perform that assessment. Until these efforts are complete,
information sufficient to perform a required analysis of the impacts of
the designation is lacking, and, therefore, we find designation of
critical habitat for this species to be not determinable at this time.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

[[Page 340]]

threatened species under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness, and
conservation by Federal, State, Tribal, and local agencies; private
organizations; and individuals. The Act encourages cooperation with the
States and other countries and calls for recovery actions to be carried
out for listed species. The protection required by Federal agencies and
the prohibitions against certain activities are discussed, in part,
below.
The primary purpose of the Act is the conservation of endangered
and threatened species and the ecosystems upon which they depend. The
ultimate goal of such conservation efforts is the recovery of these
listed species, so that they no longer need the protective measures of
the Act. Subsection 4(f) of the Act calls for the Service to develop
and implement recovery plans for the conservation of endangered and
threatened species. The recovery planning process involves the
identification of actions that are necessary to halt or reverse the
species' decline by addressing the threats to its survival and
recovery. The goal of this process is to restore listed species to a
point where they are secure, self-sustaining, and functioning
components of their ecosystems.
Recovery planning includes the development of a recovery outline
shortly after a species is listed and preparation of a draft and final
recovery plan. The recovery outline guides the immediate implementation
of urgent recovery actions and describes the process to be used to
develop a recovery plan. Revisions of the plan may be done to address
continuing or new threats to the species, as new substantive
information becomes available. The recovery plan also identifies
recovery criteria for review of when a species may be ready for
downlisting (i.e., reclassification from endangered status to
threatened status) or delisting (i.e., removal from the List), and
methods for monitoring recovery progress. Recovery plans also establish
a framework for agencies to coordinate their recovery efforts and
provide estimates of the cost of implementing recovery tasks.
Recovery teams (composed of species experts, Federal and State
agencies, nongovernmental organizations, and stakeholders) are often
established to develop recovery plans. When completed, the recovery
outline, draft recovery plan, and the final recovery plan will be
available on our website (https://www.fws.gov/endangered), or from our
Panama City Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
Implementation of recovery actions generally requires the
participation of a broad range of partners, including other Federal
agencies, States, Tribes, nongovernmental organizations, businesses,
and private landowners. Examples of recovery actions include habitat
restoration (e.g., restoration of native vegetation), research, captive
propagation and reintroduction, and outreach and education. The
recovery of many listed species cannot be accomplished solely on
Federal lands because their ranges may occur primarily or solely on
non-Federal lands. To achieve recovery of these species requires
cooperative conservation efforts on private, State, and Tribal lands.
If this species is listed, funding for recovery actions will be
available from a variety of sources, including Federal budgets, State
programs, and cost share grants for non-Federal landowners, the
academic community, and nongovernmental organizations. In addition,
pursuant to section 6 of the Act, the State of Florida would be
eligible for Federal funds to implement management actions that promote
the protection or recovery of the Panama City crayfish. Information on
our grant programs that are available to aid species recovery can be
found at: https://www.fws.gov/grants.
Although the Panama City crayfish is only proposed for listing
under the Act at this time, please let us know if you are interested in
participating in recovery efforts for this species. Additionally, we
invite you to submit any new information on this species whenever it
becomes available and any information you may have for recovery
planning purposes (see FOR FURTHER INFORMATION CONTACT).
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as an
endangered or threatened species and with respect to its critical
habitat, if any is designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any action that is likely to jeopardize the
continued existence of a species proposed for listing or result in
destruction or adverse modification of proposed critical habitat. If a
species is listed subsequently, section 7(a)(2) of the Act requires
Federal agencies to ensure that activities they authorize, fund, or
carry out are not likely to jeopardize the continued existence of the
species or destroy or adversely modify its critical habitat. If a
Federal action may affect a listed species or its critical habitat, the
responsible Federal agency must enter into consultation with the
Service.
Federal agency actions within the species' habitat that may require
conference or consultation or both as described in the preceding
paragraph include management and any other landscape-altering
activities on Federal lands administered by the issuance of section 404
Clean Water Act (33 U.S.C. 1251 et seq.) permits by the U.S. Army Corps
of Engineers, and construction and maintenance of roads or highways by
the Federal Highway Administration.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to threatened wildlife.
The prohibitions of section 9(a)(1) of the Act, as applied to
threatened wildlife and codified at 50 CFR 17.31, make it illegal for
any person subject to the jurisdiction of the United States to take
(which includes harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect; or to attempt any of these) threatened wildlife
within the United States or on the high seas. In addition, it is
unlawful to import; export; deliver, receive, carry, transport, or ship
in interstate or foreign commerce in the course of commercial activity;
or sell or offer for sale in interstate or foreign commerce any listed
species. It is also illegal to possess, sell, deliver, carry,
transport, or ship any such wildlife that has been taken illegally.
Certain exceptions apply to employees of the Service, the National
Marine Fisheries Service, other Federal land management agencies, and
State conservation agencies.
We may issue permits to carry out otherwise prohibited activities
involving threatened wildlife under certain circumstances. Regulations
governing permits are codified at 50 CFR 17.32. With regard to
threatened wildlife, a permit may be issued for the following purposes:
For scientific purposes, to enhance the propagation or survival of the
species, for economic hardship, for zoological exhibition, for
educational purposes, or for other special purposes consistent with the
purposes of the Act. There are also certain statutory exemptions from
the prohibitions, which are found in sections 9 and 10 of the Act.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), to identify to the maximum extent practicable at
the time a species is listed, those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of

[[Page 341]]

the effect of a proposed listing on proposed and ongoing activities
within the range of the species proposed for listing. Activities that
the Service believes could potentially harm the Panama City crayfish
and result in ``take'' include, but are not limited to:
(1) Unauthorized handling or collecting of the species;
(2) Destruction or alteration of the species' habitat by
development;
(3) Actions that would alter the hydrology within suitable soils
available for the Panama City crayfish;
(4) Actions that result in permanent loss of habitat within
suitable soils once available to the Panama City crayfish;
(5) Application of chemicals, including insecticides and petroleum
products in violation of label restrictions, or other actions that
pollute the soils and waters that are used by the Panama City crayfish;
and
(6) Destruction of herbaceous vegetation directly adjacent to
occupied pools that affects the hydrology and removes cover for the
crayfish.
Questions regarding whether specific activities would constitute a
violation of section 9 of the Act should be directed to the Panama City
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT,
above).

Required Determinations

Clarity of the Rule

We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.

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

We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act, need not be prepared in connection with
listing a species as an endangered or threatened species under the
Endangered Species Act. We published a notice outlining our reasons for
this determination in the Federal Register on October 25, 1983 (48 FR
49244).

References Cited

A complete list of references cited in the SSA report is available
on the internet at https://www.regulations.gov and upon request from the
Panama City Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT, above).

Authors

The primary authors of this proposed rule are the staff members of
the Service's Unified Listing Team and the Panama City Ecological
Services Field Office.

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

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

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

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

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

0
2. Amend Sec. 17.11(h), the List of Endangered and Threatened
Wildlife, by adding an entry for ``Crayfish, Panama City'' in
alphabetical order under CRUSTACEANS to read as set forth below:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *
(h) * * *

----------------------------------------------------------------------------------------------------------------
Listing citations and
Common name Scientific name Where listed Status applicable rules
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
CRUSTACEANS
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Crayfish, Panama City.......... Procambarus Wherever found.... T [Federal Register
econfinae. citation when
published as a final
rule].

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Dated: November 21, 2017.
James W. Kurth,
Deputy Director for U.S. Fish and Wildlife Service Exercising the
Authority of the Director for U.S. Fish and Wildlife Service.
[FR Doc. 2017-28313 Filed 1-2-18; 8:45 am]
BILLING CODE 4333-15-P

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