Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Spring Pygmy Sunfish, 55341-55345 [2018-24162]
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Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules
Recovery Program, Office of
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Instructions: Direct your comments to
Docket ID No. EPA–R08–UST–2018–
0169. The EPA’s policy is that all
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FOR FURTHER INFORMATION CONTACT:
Matthew Langenfeld, (303) 312–6284,
Region 8, Project Officer, UST, Solid
Waste and PCB Unit, Resource
Conservation and Recovery Program,
Office of Partnerships and Regulatory
Assistance (8P–R), EPA Region 8, 1595
Wynkoop Street, Denver, Colorado
80202–1129, phone number (303) 312–
6284, email address:
Langenfeld.matthew@epa.gov.
SUPPLEMENTARY INFORMATION: For
additional information, see the direct
final rule published in the ‘‘Rules and
Regulations’’ section of this Federal
Register.
Authority: This rule is issued under the
authority of Sections 2002(a), 9004, and
7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912, 6991c, 6991d, and
6991e.
List of Subjects in 40 CFR Part 282
Environmental protection,
Administrative practice and procedure,
Hazardous substances, Incorporation by
Reference, State program approval,
Underground storage tanks.
Dated: October 26, 2018.
Douglas Benevento,
Regional Administrator, EPA Region 8.
[FR Doc. 2018–24061 Filed 11–2–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2013–0010;
4500030114]
RIN 1018–BD54
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for the Spring Pygmy Sunfish
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; revision and
reopening of comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
reopening of the comment period on our
October 2, 2012, proposed rule to
designate critical habitat for the spring
pygmy sunfish (Elassoma alabamae),
under the Endangered Species Act of
1973, as amended (Act). In this
document, we propose to add one
critical habitat unit (123 hectares (ha)
(303 acres (ac)) in Madison County,
Alabama, to the critical habitat
designation. As a result, our proposed
revised critical habitat designation for
the species now includes three critical
SUMMARY:
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55341
habitat units, totaling approximately
749 ha (1,852 ac), in Alabama. This
reopened comment period will provide
the public with an opportunity to
submit written comments on both the
revision described in this document and
the October 2, 2012, proposed rule, as
well as intervening relevant
publications. Comments previously
submitted need not be resubmitted, as
they will be fully considered in
preparation of the final rule.
DATES: The comment period for the
proposed rule published October 2,
2012, at 77 FR 60180 is reopened. We
will consider comments received or
postmarked on or before December 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.
ADDRESSES: You may submit written
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–2013–0010, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the Search panel on
the left side of the screen, under the
Document Type heading, click on the
Proposed Rule box to locate this
document. You may submit a comment
by clicking on ‘‘Comment Now!’’
(2) By hard copy: Submit your
comments by U.S. mail or hand-delivery
to: Public Comments Processing, Attn:
FWS–R4–ES–2013–0010, U.S. Fish and
Wildlife Service, MS: BPHC, 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
only by 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 details).
FOR FURTHER INFORMATION CONTACT:
William Pearson, Field Supervisor,
Alabama Ecological Services Field
Office, 1208 Main Street, Daphne, AL
36526; telephone 251–441–5181. If you
use a telecommunications device for the
deaf (TDD), please call the Federal Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We will accept written comments and
information during this reopened
comment period on our proposed
designation of critical habitat for the
spring pygmy sunfish that was
published in the Federal Register on
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Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules
October 2, 2012 (77 FR 60180); the
revision to the proposed boundaries of
Unit 1 described in our April 29, 2013,
Federal Register publication (78 FR
25033); the potential exclusions to the
designation that we described in our
February 5, 2014, Federal Register
publication (79 FR 6871); and the new
proposed Unit 3 that is described in this
document. We will consider
information and recommendations we
receive from all interested parties. We
intend that any final action resulting
from this proposal will be based on the
best scientific data available and be as
accurate and effective as possible.
We request comments or information
from any interested party on any aspect
of the proposed designation. However,
we particularly seek comments
concerning:
(1) The reasons why we should or
should not designate habitats as
‘‘critical habitat’’ under section 4 of the
Act, including whether there are threats
to the species from human activity, the
degree of which can be expected to
increase due to the designation, and
whether that increase in threat
outweighs the benefit of designation
such that the designation of critical
habitat is not prudent.
(2) Land use designation and current
or planned activities in the subject areas
and their possible impacts on proposed
critical habitat.
If you submitted comments or
information on the proposed rule during
the initial comment period from October
2, 2012, to December 3, 2012; during the
second comment period from April 29,
2013, to May 29, 2013; or during the
third comment period from February 5,
2014, to March 7, 2014, please do not
resubmit them. We have incorporated
them into the public record as part of
the previous three comment periods,
and we will fully consider them in the
preparation of our final determination.
You may submit your comments and
materials by one of the methods listed
in ADDRESSES. If you submit a comment
via https://www.regulations.gov, your
entire comment—including any
personal identifying information—will
be posted on the website. We will post
all hardcopy comments on https://
regulations.gov as well. If you submit a
hardcopy comment 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.
Comments and materials we receive,
as well as supporting documentation we
used in preparing the proposed rule, are
available for public inspection on https://
www.regulations.gov at Docket No.
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FWS–R4–ES–2013–0010, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Alabama Ecological Services
Field Office (see FOR FURTHER
INFORMATION CONTACT).
Background
Species Information
For information on the spring pygmy
sunfish’s biology, status, distribution,
and habitat, refer to the October 12,
2012, proposed listing and critical
habitat rule (77 FR 60180), and the
October 2, 2013, final listing rule (78 FR
60766).
Previous Federal Actions
On October 2, 2012, we published a
proposed rule (77 FR 60180) to list the
spring pygmy sunfish as a threatened
species and to designate critical habitat
for the species. In that proposed rule,
we proposed to designate two critical
habitat units, totaling approximately
12.9 kilometers (km) (8 stream miles
(mi)) and 654.4 hectares (ha) (1,617
acres (ac)) of spring system habitat and
adjacent upland buffer in Limestone
County, Alabama. Previous Federal
actions occurring before October 2,
2012, are summarized in that proposed
rule.
On April 29, 2013, we published a
document (78 FR 25033) reopening the
comment period on the proposed listing
and critical habitat for 30 days. That
document requested public comments
on amendments to the required
determinations section of the October 2,
2012, proposal, the draft economic
analysis, and a proposed reduction in
the size of the critical habitat
designation based on information we
received during the original public
comment period. Specifically, we
proposed to reduce the size of Unit 1 by
27.3 ha (67.6 ac), resulting in a proposed
critical habitat designation totaling
approximately 12.9 km (8 stream mi)
and 627.02 ha (1,549.4 ac).
On October 2, 2013, we published a
final rule (78 FR 60766) listing the
spring pygmy sunfish as a threatened
species.
On February 5, 2014, we again
reopened the comment period, for an
additional 30 days, on the proposed
designation of critical habitat to
announce exclusions we are considering
to proposed critical habitat Unit 1 (79
FR 6871). In that document, we asked
for public comments on excluding lands
enrolled in candidate conservation
agreements with assurances (CCAAs) in
accordance with section 4(b)(2) of the
Act. Specifically, we are considering
excluding all areas covered by the Belle
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Mina Farms Ltd., McDonald Farm, and
Horton Farm CCAAs based on our
partnerships with the landowners and
the conservation benefits that these
agreements afford the spring pygmy
sunfish. We will make the final
determination on these exclusions in
our final rule.
Critical Habitat
It is our intent to discuss only those
topics directly relevant to the
designation of critical habitat for the
spring pygmy sunfish in this document.
Section 3 of the Act defines critical
habitat as the specific areas within the
geographical area occupied by a species,
at the time it is listed in accordance
with the Act, on which are found those
physical or biological features (PBFs)
essential to the conservation of the
species and that may require special
management considerations or
protection, and specific areas outside
the geographical area occupied by a
species at the time it is listed, upon a
determination that such areas are
essential for the conservation of the
species. If the proposed rule is made
final, section 7 of the Act will prohibit
destruction or adverse modification of
critical habitat by any activity funded,
authorized, or carried out by any
Federal agency. Federal agencies
proposing actions affecting critical
habitat must consult with us on the
effects of their proposed actions, under
section 7(a)(2) of the Act.
Evaluation of a Documented New
Population of Spring Pygmy Sunfish
In November 2015, surveys conducted
by the Geologic Survey of Alabama
(GSA) and Service employees on
Wheeler National Wildlife Refuge
(NWR) in Madison County, Alabama,
verified a new population of spring
pygmy sunfish in Blackwell Swamp
following the documentation of the
species at the swamp in September
2015, by researchers from Jacksonville
State University. The discovery of the
new population is significant because it
occurs outside the Beaverdam Spring
complex, the only known occupied site
on October 2, 2013, when we listed the
spring pygmy sunfish as a threatened
species under the Act, and increases the
number of known metapopulations from
one to two. Based on new information
gathered during the November 2015
survey, we are revising the proposed
designation of critical habitat to include
a new unit (Unit 3) in Madison County,
Alabama. This new unit contains all of
the PBFs for the spring pygmy sunfish.
Because of the limited range of the
spring pygmy sunfish, we have
determined that the new population in
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Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules
Blackwell Swamp and its associated
habitat is essential to the conservation
of the species and may require special
management considerations or
protection. A map of proposed Unit 3
appears under Proposed Regulation
Promulgation, below.
Proposed Critical Habitat Designation
Based on the above information, we
are proposing to revise the proposed
critical habitat designation to include
Blackwell Swamp as Unit 3. We provide
occupancy and ownership tables below
that include information on all three
proposed critical habitat units.
55343
TABLE 1—OCCUPANCY OF THE PROPOSED CRITICAL HABITAT UNITS FOR
THE SPRING PYGMY SUNFISH
Unit
Location
1 .......
2 .......
3 .......
Beaverdam Spring/Creek .......
Pryor Spring/Branch ...............
Blackwell Swamp/Run ............
Occupied?
Yes.
No.
Yes.
TABLE 2—OWNERSHIP OF THE PROPOSED CRITICAL HABITAT UNITS FOR THE SPRING PYGMY SUNFISH
Unit
Location
Private ownership km
(mi); ha (ac)
Federal ownership km
(mi); ha (ac)
1 .............
2 .............
3 .............
Beaverdam Spring/Creek ...................................
Pryor Spring/Branch ...........................................
Blackwell Swamp/Run ........................................
5.9 (3.7); 210 (518) ........
0.2 (0.15); 8.1 (20) .........
0; 0 .................................
3.5 (2.21); 344 (849) ......
3.1 (1.95); 65 (162) ........
2.3 (1.4); 123 (303) ........
9.5 (5.9)
3.4 (2.1)
2.3 (1.4)
553 (1,367)
73 (182)
123 (303)
.............................................................................
6.1 (3.85); 218 (538) ......
8.8 (5.56); 532 (1,314) ...
15.2 (9.4)
749 (1,852)
Total
Total length
km (mi)
Total area
ha (ac)
* Totals may not sum due to rounding.
We present a brief description of Unit
3, and reasons why it meets the
definition of critical habitat, below.
Unit 3: Blackwell Swamp/Run, Madison
County, Alabama
Unit 3 includes a total of 123 ha (303
ac) of Federal land and 2.3 stream km
(1.4 mi), all of which is federally owned
within the Wheeler NWR in Madison
County, Alabama. This unit is located
about 4.3 km (2.7 mi) due west of the
town of Triana. This unit is 0.96 km (0.6
mi) north of Blackwell Run’s confluence
with the Tennessee River;
approximately 1 km (0.5 mi) south of
Swancott Road SW; about 1 km (0.5 mi)
west of Landess Circle; and just to the
east of B. Road/County Line Road SW.
Unit 3 is currently occupied by spring
pygmy sunfish and contains all the
PBFs essential to the species’ survival
and eventual recovery. Unit 3 provides
habitat for the spring pygmy sunfish via
the spring systems of Blackwell Swamp,
which include spring runs and a large
spring-fed pool that was enlarged after
Blackwell Spring Run was impounded
(PBF 1).
There is adequate water quality (PBF
2), water quantity and flow (PBF 3), and
a diversity of emergent vegetation (PBF
4) to support the normal life stages and
behavior of the spring pygmy sunfish
and its prey sources (PBF 4).
Wheeler NWR actively manages water
levels in proposed Unit 3 to enhance
use by waterfowl. The water in the unit
is replenished by surface flow from
runoff, a small stream in the northeast
corner, and numerous spring seeps of
the Blackwell Spring system. The
Tennessee River does not influence the
spring pool unless allowed to enter the
pool through the water control
structure, which may occur in the
course of waterfowl management.
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During flood conditions, water
inundates and enters secondary
channels and sloughs located to the
south and southeastern portion of the
unit and flows in a southerly direction
with the spring run, sometimes
overtopping the roads on the west and
east side of the unit.
Threats to the spring pygmy sunfish
and its habitat in Unit 3 that may
require special management or
protection of the PBFs include
structures, such as boat ramps; an
unpaved, gravel-maintained, refuge road
(11.7 km; 7.3 mi) circling the unit; and
sewer, gas, and water easements,
including a City of Huntsville sewer line
right-of-way to the east. Additional
threats outside and adjacent to the unit
include increased agriculture,
urbanization, and industrialization
activities (such as channel modification
for flood control, construction of
impoundments, and water extraction)
that significantly alter spring flow
regime and water quality and quantity;
inadequate stormwater management;
water diversion; significant changes in
streambed material composition and
quality as a result of construction
projects and maintenance activities that
damage or destroy aquatic vegetation
and vegetation in the riparian zone; offroad vehicle use; bridge and road
construction and maintenance, and
culvert and pipe placement; and other
watershed and floodplain disturbances
that release sediments or nutrients into
the water. Many threats that result in
decreased water quality and quantity are
likely to be amplified during drought
events.
Consideration of Economic Impacts
The spring pygmy sunfish occurs in
Unit 3, which is entirely within Wheeler
NWR. In areas where the spring pygmy
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sunfish is present, Federal agencies
already are required to consult with the
Service under section 7 of the Act on
activities they authorize, fund, or carry
out that may affect the species. If we
finalize the proposed critical habitat
designation, measures to avoid the
destruction or adverse modification of
critical habitat would be incorporated
into the existing consultation process
for refuge activities. Therefore, the draft
economic analysis prepared for Unit 1
and Unit 2 (78 FR 25033) is not
significantly affected by the addition of
Unit 3 in proposed critical habitat.
Authors
The primary authors of this document
are the staff members of the Alabama
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 further
amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal
Regulations, as proposed to be amended
at 77 FR 60180 (October 2, 2012) 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 § 17.95(e) by revising
paragraph (5) in, and adding a
paragraph (8) to, the entry proposed at
77 FR 60180 for ‘‘Spring Pygmy Sunfish
■
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Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules
§ 17.95
*
*
Critical habitat—fish and wildlife.
*
*
*
*
*
*
*
*
(8) Unit 3: Blackwell Swamp/Run,
Madison County, Alabama.
(i) General Description: Unit 3
includes a total of 123 ha (303 ac) of
land and 2.3 stream km (1.4 stream mi),
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(e) Fishes.
*
*
*
*
Spring Pygmy Sunfish (Elassoma
alabamae)
*
*
*
*
*
BILLING CODE 4333–15–P
all which is federally owned within the
Wheeler National Wildlife Refuge. Unit
3 is located approximately 4.3 km (2.7
mi) due west of the town of Triana. This
unit is 0.96 km (0.6 mi) north of
Blackwell Run’s confluence with the
Tennessee River; approximately 1 km
(0.5 mi) south of Swancott Road SW;
about 1 km (0.5 mi) west of Landess
Circle; and just to the east of B. Road/
County Line Road SW.
(ii) Map of Unit 3 follows:
*
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(5) Index map of critical habitat for
the spring pygmy sunfish follows:
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EP05NO18.008</GPH>
(Elassoma alabamae)’’ as set forth
below:
Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules
55345
Unit 3 Critical Habitat for the Spring Pygmy Sunfish
Madison County, Alabama
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Dated: August 14, 2018.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife
Service, Exercising the Authority of the
Director, U.S. Fish and Wildlife Service.
*
BILLING CODE 4333–15–C
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[FR Doc. 2018–24162 Filed 11–2–18; 8:45 am]
]]>Agencies
[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Proposed Rules]
[Pages 55341-55345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24162]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2013-0010; 4500030114]
RIN 1018-BD54
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Spring Pygmy Sunfish
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; revision and reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the comment period on our October 2, 2012, proposed rule
to designate critical habitat for the spring pygmy sunfish (Elassoma
alabamae), under the Endangered Species Act of 1973, as amended (Act).
In this document, we propose to add one critical habitat unit (123
hectares (ha) (303 acres (ac)) in Madison County, Alabama, to the
critical habitat designation. As a result, our proposed revised
critical habitat designation for the species now includes three
critical habitat units, totaling approximately 749 ha (1,852 ac), in
Alabama. This reopened comment period will provide the public with an
opportunity to submit written comments on both the revision described
in this document and the October 2, 2012, proposed rule, as well as
intervening relevant publications. Comments previously submitted need
not be resubmitted, as they will be fully considered in preparation of
the final rule.
DATES: The comment period for the proposed rule published October 2,
2012, at 77 FR 60180 is reopened. We will consider comments received or
postmarked on or before December 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.
ADDRESSES: You may submit written 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-2013-0010,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the Search panel on the left
side of the screen, under the Document Type heading, click on the
Proposed Rule box to locate this document. You may submit a comment by
clicking on ``Comment Now!''
(2) By hard copy: Submit your comments by U.S. mail or hand-
delivery to: Public Comments Processing, Attn: FWS-R4-ES-2013-0010,
U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls
Church, VA 22041-3803.
We request that you send comments only by 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 details).
FOR FURTHER INFORMATION CONTACT: William Pearson, Field Supervisor,
Alabama Ecological Services Field Office, 1208 Main Street, Daphne, AL
36526; telephone 251-441-5181. If you use a telecommunications device
for the deaf (TDD), please call the Federal Relay Service at 800-877-
8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We will accept written comments and information during this
reopened comment period on our proposed designation of critical habitat
for the spring pygmy sunfish that was published in the Federal Register
on
[[Page 55342]]
October 2, 2012 (77 FR 60180); the revision to the proposed boundaries
of Unit 1 described in our April 29, 2013, Federal Register publication
(78 FR 25033); the potential exclusions to the designation that we
described in our February 5, 2014, Federal Register publication (79 FR
6871); and the new proposed Unit 3 that is described in this document.
We will consider information and recommendations we receive from all
interested parties. We intend that any final action resulting from this
proposal will be based on the best scientific data available and be as
accurate and effective as possible.
We request comments or information from any interested party on any
aspect of the proposed designation. However, we particularly seek
comments concerning:
(1) The reasons why we should or should not designate habitats as
``critical habitat'' under section 4 of the Act, including whether
there are threats to the species from human activity, the degree of
which can be expected to increase due to the designation, and whether
that increase in threat outweighs the benefit of designation such that
the designation of critical habitat is not prudent.
(2) Land use designation and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat.
If you submitted comments or information on the proposed rule
during the initial comment period from October 2, 2012, to December 3,
2012; during the second comment period from April 29, 2013, to May 29,
2013; or during the third comment period from February 5, 2014, to
March 7, 2014, please do not resubmit them. We have incorporated them
into the public record as part of the previous three comment periods,
and we will fully consider them in the preparation of our final
determination.
You may submit your comments and materials by one of the methods
listed in ADDRESSES. If you submit a comment via https://www.regulations.gov, your entire comment--including any personal
identifying information--will be posted on the website. We will post
all hardcopy comments on https://regulations.gov as well. If you submit
a hardcopy comment 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.
Comments and materials we receive, as well as supporting
documentation we used in preparing the proposed rule, are available for
public inspection on https://www.regulations.gov at Docket No. FWS-R4-
ES-2013-0010, or by appointment, during normal business hours, at the
U.S. Fish and Wildlife Service, Alabama Ecological Services Field
Office (see FOR FURTHER INFORMATION CONTACT).
Background
Species Information
For information on the spring pygmy sunfish's biology, status,
distribution, and habitat, refer to the October 12, 2012, proposed
listing and critical habitat rule (77 FR 60180), and the October 2,
2013, final listing rule (78 FR 60766).
Previous Federal Actions
On October 2, 2012, we published a proposed rule (77 FR 60180) to
list the spring pygmy sunfish as a threatened species and to designate
critical habitat for the species. In that proposed rule, we proposed to
designate two critical habitat units, totaling approximately 12.9
kilometers (km) (8 stream miles (mi)) and 654.4 hectares (ha) (1,617
acres (ac)) of spring system habitat and adjacent upland buffer in
Limestone County, Alabama. Previous Federal actions occurring before
October 2, 2012, are summarized in that proposed rule.
On April 29, 2013, we published a document (78 FR 25033) reopening
the comment period on the proposed listing and critical habitat for 30
days. That document requested public comments on amendments to the
required determinations section of the October 2, 2012, proposal, the
draft economic analysis, and a proposed reduction in the size of the
critical habitat designation based on information we received during
the original public comment period. Specifically, we proposed to reduce
the size of Unit 1 by 27.3 ha (67.6 ac), resulting in a proposed
critical habitat designation totaling approximately 12.9 km (8 stream
mi) and 627.02 ha (1,549.4 ac).
On October 2, 2013, we published a final rule (78 FR 60766) listing
the spring pygmy sunfish as a threatened species.
On February 5, 2014, we again reopened the comment period, for an
additional 30 days, on the proposed designation of critical habitat to
announce exclusions we are considering to proposed critical habitat
Unit 1 (79 FR 6871). In that document, we asked for public comments on
excluding lands enrolled in candidate conservation agreements with
assurances (CCAAs) in accordance with section 4(b)(2) of the Act.
Specifically, we are considering excluding all areas covered by the
Belle Mina Farms Ltd., McDonald Farm, and Horton Farm CCAAs based on
our partnerships with the landowners and the conservation benefits that
these agreements afford the spring pygmy sunfish. We will make the
final determination on these exclusions in our final rule.
Critical Habitat
It is our intent to discuss only those topics directly relevant to
the designation of critical habitat for the spring pygmy sunfish in
this document.
Section 3 of the Act defines critical habitat as the specific areas
within the geographical area occupied by a species, at the time it is
listed in accordance with the Act, on which are found those physical or
biological features (PBFs) essential to the conservation of the species
and that may require special management considerations or protection,
and specific areas outside the geographical area occupied by a species
at the time it is listed, upon a determination that such areas are
essential for the conservation of the species. If the proposed rule is
made final, section 7 of the Act will prohibit destruction or adverse
modification of critical habitat by any activity funded, authorized, or
carried out by any Federal agency. Federal agencies proposing actions
affecting critical habitat must consult with us on the effects of their
proposed actions, under section 7(a)(2) of the Act.
Evaluation of a Documented New Population of Spring Pygmy Sunfish
In November 2015, surveys conducted by the Geologic Survey of
Alabama (GSA) and Service employees on Wheeler National Wildlife Refuge
(NWR) in Madison County, Alabama, verified a new population of spring
pygmy sunfish in Blackwell Swamp following the documentation of the
species at the swamp in September 2015, by researchers from
Jacksonville State University. The discovery of the new population is
significant because it occurs outside the Beaverdam Spring complex, the
only known occupied site on October 2, 2013, when we listed the spring
pygmy sunfish as a threatened species under the Act, and increases the
number of known metapopulations from one to two. Based on new
information gathered during the November 2015 survey, we are revising
the proposed designation of critical habitat to include a new unit
(Unit 3) in Madison County, Alabama. This new unit contains all of the
PBFs for the spring pygmy sunfish. Because of the limited range of the
spring pygmy sunfish, we have determined that the new population in
[[Page 55343]]
Blackwell Swamp and its associated habitat is essential to the
conservation of the species and may require special management
considerations or protection. A map of proposed Unit 3 appears under
Proposed Regulation Promulgation, below.
Proposed Critical Habitat Designation
Based on the above information, we are proposing to revise the
proposed critical habitat designation to include Blackwell Swamp as
Unit 3. We provide occupancy and ownership tables below that include
information on all three proposed critical habitat units.
Table 1--Occupancy of the Proposed Critical Habitat Units for the Spring
Pygmy Sunfish
------------------------------------------------------------------------
Unit Location Occupied?
------------------------------------------------------------------------
1................. Beaverdam Spring/Creek..... Yes.
2................. Pryor Spring/Branch........ No.
3................. Blackwell Swamp/Run........ Yes.
------------------------------------------------------------------------
Table 2--Ownership of the Proposed Critical Habitat Units for the Spring Pygmy Sunfish
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total
Unit Location Private ownership km (mi); ha (ac) Federal ownership km (mi); ha (ac) length km Total area
(mi) ha (ac)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.................... Beaverdam Spring/Creek. 5.9 (3.7); 210 (518).................. 3.5 (2.21); 344 (849)................. 9.5 (5.9) 553 (1,367)
2.................... Pryor Spring/Branch.... 0.2 (0.15); 8.1 (20).................. 3.1 (1.95); 65 (162).................. 3.4 (2.1) 73 (182)
3.................... Blackwell Swamp/Run.... 0; 0.................................. 2.3 (1.4); 123 (303).................. 2.3 (1.4) 123 (303)
---------------------------------------------------------------------------------------------------------
Total............ ....................... 6.1 (3.85); 218 (538)................. 8.8 (5.56); 532 (1,314)............... 15.2 (9.4) 749 (1,852)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.
We present a brief description of Unit 3, and reasons why it meets
the definition of critical habitat, below.
Unit 3: Blackwell Swamp/Run, Madison County, Alabama
Unit 3 includes a total of 123 ha (303 ac) of Federal land and 2.3
stream km (1.4 mi), all of which is federally owned within the Wheeler
NWR in Madison County, Alabama. This unit is located about 4.3 km (2.7
mi) due west of the town of Triana. This unit is 0.96 km (0.6 mi) north
of Blackwell Run's confluence with the Tennessee River; approximately 1
km (0.5 mi) south of Swancott Road SW; about 1 km (0.5 mi) west of
Landess Circle; and just to the east of B. Road/County Line Road SW.
Unit 3 is currently occupied by spring pygmy sunfish and contains all
the PBFs essential to the species' survival and eventual recovery. Unit
3 provides habitat for the spring pygmy sunfish via the spring systems
of Blackwell Swamp, which include spring runs and a large spring-fed
pool that was enlarged after Blackwell Spring Run was impounded (PBF
1).
There is adequate water quality (PBF 2), water quantity and flow
(PBF 3), and a diversity of emergent vegetation (PBF 4) to support the
normal life stages and behavior of the spring pygmy sunfish and its
prey sources (PBF 4).
Wheeler NWR actively manages water levels in proposed Unit 3 to
enhance use by waterfowl. The water in the unit is replenished by
surface flow from runoff, a small stream in the northeast corner, and
numerous spring seeps of the Blackwell Spring system. The Tennessee
River does not influence the spring pool unless allowed to enter the
pool through the water control structure, which may occur in the course
of waterfowl management. During flood conditions, water inundates and
enters secondary channels and sloughs located to the south and
southeastern portion of the unit and flows in a southerly direction
with the spring run, sometimes overtopping the roads on the west and
east side of the unit.
Threats to the spring pygmy sunfish and its habitat in Unit 3 that
may require special management or protection of the PBFs include
structures, such as boat ramps; an unpaved, gravel-maintained, refuge
road (11.7 km; 7.3 mi) circling the unit; and sewer, gas, and water
easements, including a City of Huntsville sewer line right-of-way to
the east. Additional threats outside and adjacent to the unit include
increased agriculture, urbanization, and industrialization activities
(such as channel modification for flood control, construction of
impoundments, and water extraction) that significantly alter spring
flow regime and water quality and quantity; inadequate stormwater
management; water diversion; significant changes in streambed material
composition and quality as a result of construction projects and
maintenance activities that damage or destroy aquatic vegetation and
vegetation in the riparian zone; off-road vehicle use; bridge and road
construction and maintenance, and culvert and pipe placement; and other
watershed and floodplain disturbances that release sediments or
nutrients into the water. Many threats that result in decreased water
quality and quantity are likely to be amplified during drought events.
Consideration of Economic Impacts
The spring pygmy sunfish occurs in Unit 3, which is entirely within
Wheeler NWR. In areas where the spring pygmy sunfish is present,
Federal agencies already are required to consult with the Service under
section 7 of the Act on activities they authorize, fund, or carry out
that may affect the species. If we finalize the proposed critical
habitat designation, measures to avoid the destruction or adverse
modification of critical habitat would be incorporated into the
existing consultation process for refuge activities. Therefore, the
draft economic analysis prepared for Unit 1 and Unit 2 (78 FR 25033) is
not significantly affected by the addition of Unit 3 in proposed
critical habitat.
Authors
The primary authors of this document are the staff members of the
Alabama 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 further amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal Regulations, as proposed to
be amended at 77 FR 60180 (October 2, 2012) 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. 17.95(e) by revising paragraph (5) in, and adding a
paragraph (8) to, the entry proposed at 77 FR 60180 for ``Spring Pygmy
Sunfish
[[Page 55344]]
(Elassoma alabamae)'' as set forth below:
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(e) Fishes.
* * * * *
Spring Pygmy Sunfish (Elassoma alabamae)
* * * * *
(5) Index map of critical habitat for the spring pygmy sunfish
follows:
BILLING CODE 4333-15-P
[GRAPHIC] [TIFF OMITTED] TP05NO18.008
* * * * *
(8) Unit 3: Blackwell Swamp/Run, Madison County, Alabama.
(i) General Description: Unit 3 includes a total of 123 ha (303 ac)
of land and 2.3 stream km (1.4 stream mi), all which is federally owned
within the Wheeler National Wildlife Refuge. Unit 3 is located
approximately 4.3 km (2.7 mi) due west of the town of Triana. This unit
is 0.96 km (0.6 mi) north of Blackwell Run's confluence with the
Tennessee River; approximately 1 km (0.5 mi) south of Swancott Road SW;
about 1 km (0.5 mi) west of Landess Circle; and just to the east of B.
Road/County Line Road SW.
(ii) Map of Unit 3 follows:
[[Page 55345]]
[GRAPHIC] [TIFF OMITTED] TP05NO18.009
* * * * *
Dated: August 14, 2018.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, Exercising the
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-24162 Filed 11-2-18; 8:45 am]
BILLING CODE 4333-15-C
