Endangered and Threatened Wildlife and Plants; Nine Species Not Warranted for Listing as Endangered or Threatened Species, 57388-57400 [2023-18260]
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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Proposed Rules
the Commission limit these
requirements to service providers that
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Federal Communications Commission.
Marlene Dortch,
Secretary.
III. Procedural Matters
[FR Doc. 2023–18084 Filed 8–22–23; 8:45 am]
A. Paperwork Reduction Act
28. The document does not contain
proposed information collection
requirements subject to the Paperwork
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13. In addition, therefore, it does not
contain any proposed information
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pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4).
IV. Ordering Clauses
29. It is further ordered that, pursuant
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of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 214, 218–
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the Commission’s rules, 47 CFR 1.1, this
Notice of Inquiry is adopted. The Notice
of Inquiry will be effective upon
publication in the Federal Register,
with comment dates indicated therein.
of the best available scientific and
commercial information, we find that it
is not warranted at this time to list the
Alexander Archipelago wolf (Canis
lupus ligoni), Chihuahua catfish
(Ictalurus sp. 1), Cooper’s cave
amphipod (Stygobromus cooperi),
Georgia blind salamander (Eurycea
wallacei), minute cave amphipod
(Stygobromus parvus), Morrison’s cave
amphipod (Stygobromus morrisoni),
narrow-foot hygrotus diving beetle
(Hygrotus diversipes), pristine crayfish
(Cambarus pristinus), and Tennessee
heelsplitter (Lasmigona holstonia).
However, we ask the public to submit to
us at any time any new information
relevant to the status of any of the
species mentioned above or their
habitats.
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES1111090FEDR 234]
Endangered and Threatened Wildlife
and Plants; Nine Species Not
Warranted for Listing as Endangered
or Threatened Species
Fish and Wildlife Service,
Interior.
ACTION: Notification of findings.
AGENCY:
The findings in this document
were made on August 23, 2023.
DATES:
We, the U.S. Fish and
Wildlife Service (Service), announce
findings that nine species are not
warranted for listing as endangered or
threatened species under the
Endangered Species Act of 1973, as
amended (Act). After a thorough review
SUMMARY:
Detailed descriptions of the
bases for these findings are available on
the internet at https://
www.regulations.gov under the
following docket numbers:
ADDRESSES:
Species
Docket No.
Alexander Archipelago wolf ...................................................................................................................................
Chihuahua catfish ..................................................................................................................................................
Cooper’s cave amphipod .......................................................................................................................................
Georgia blind salamander .....................................................................................................................................
Minute cave amphipod ..........................................................................................................................................
Morrison’s cave amphipod .....................................................................................................................................
Narrow-foot hygrotus diving beetle ........................................................................................................................
Pristine crayfish .....................................................................................................................................................
Tennessee heelsplitter ...........................................................................................................................................
Those descriptions are also available
by contacting the appropriate person as
specified under FOR FURTHER
INFORMATION CONTACT. Please submit any
new information, materials, comments,
or questions concerning this finding to
the appropriate person, as specified
under FOR FURTHER INFORMATION
CONTACT.
FOR FURTHER INFORMATION CONTACT:
Species
Contact information
Alexander Archipelago wolf ......................................................
Stewart Cogswell, Field Supervisor, Anchorage Field Office, Stewart_Cogswell@
fws.gov, 907–271–2888.
Michael Warriner, Supervisory Fish and Wildlife Biologist, Austin Ecological Services Field Office, Michael_warriner@fws.gov, 512–490–0057.
Jennifer Norris, Field Supervisor, West Virginia Field Office, jennifer_l_norris@
fws.gov, 304–704–0655.
Peter Maholland, Field Supervisor, Georgia Ecological Services Field Office,
peter_maholland@fws.gov, 706–208–7512.
Tyler Abbott, Field Supervisor, Wyoming Field Office, tyler_abbott@fws.gov,
307–757–3707.
Dan Elbert, Field Supervisor, Tennessee Field Office, daniel_elbert@fws.gov,
571–461–8964.
Janet Mizzi, Field Supervisor, Asheville Ecological Services Field Office, janet_
mizzi@fws.gov, 828–258–3939x42223.
Chihuahua catfish .....................................................................
Cooper’s cave amphipod, minute cave amphipod, Morrison’s
cave amphipod.
Georgia blind salamander ........................................................
Narrow-foot hygrotus diving beetle ..........................................
Pristine crayfish ........................................................................
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FWS–R7–ES–2023–0109
FWS–R2–ES–2023–0110
FWS–R5–ES–2023–0120
FWS–R4–ES–2023–0117
FWS–R5–ES–2023–0121
FWS–R5–ES–2023–0122
FWS–R6–ES–2023–0111
FWS–R4–ES–2023–0115
FWS–R4–ES–2023–0116
Tennessee heelsplitter .............................................................
Individuals in the United States who
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have a speech disability may dial 711
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(TTY, TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
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should use the relay services offered
within their country to make
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international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
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Background
Under section 4(b)(3)(B) of the Act (16
U.S.C. 1531 et seq.), we are required to
make a finding on whether or not a
petitioned action is warranted within 12
months after receiving any petition that
we have determined contains
substantial scientific or commercial
information indicating that the
petitioned action may be warranted
(hereafter a ‘‘12-month finding’’). We
must make a finding that the petitioned
action is: (1) Not warranted; (2)
warranted; or (3) warranted but
precluded by other listing activity. We
must publish a notification of these 12month findings in the Federal Register.
Summary of Information Pertaining to
the Five Factors
Section 4 of the Act (16 U.S.C. 1533)
and the implementing regulations at
part 424 of title 50 of the Code of
Federal Regulations (50 CFR part 424)
set forth procedures for adding species
to, removing species from, or
reclassifying species on the Lists of
Endangered and Threatened Wildlife
and Plants (Lists). The Act defines
‘‘species’’ as including any subspecies
of fish or wildlife or plants, and any
distinct population segment of any
species of vertebrate fish or wildlife
which interbreeds when mature (16
U.S.C. 1532(16)). The Act defines
‘‘endangered species’’ as any species
that is in danger of extinction
throughout all or a significant portion of
its range (16 U.S.C. 1532(6)), and
‘‘threatened species’’ as any species that
is likely to become an endangered
species within the foreseeable future
throughout all or a significant portion of
its range (16 U.S.C. 1532(20)). Under
section 4(a)(1) of the Act, a species may
be determined to be an endangered
species or a threatened species because
of any of the following 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.
These factors represent broad
categories of natural or human-caused
actions or conditions that could have an
effect on a species’ continued existence.
In evaluating these actions and
conditions, we look for those that may
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have a negative effect on individuals of
the species, as well as other actions or
conditions that may ameliorate any
negative effects or may have positive
effects.
We use the term ‘‘threat’’ to refer in
general to actions or conditions that are
known to or are reasonably likely to
negatively affect individuals of a
species. The term ‘‘threat’’ includes
actions or conditions that have a direct
impact on individuals (direct impacts),
as well as those that affect individuals
through alteration of their habitat or
required resources (stressors). The term
‘‘threat’’ may encompass—either
together or separately—the source of the
action or condition or the action or
condition itself. However, the mere
identification of any threat(s) does not
necessarily mean that the species meets
the statutory definition of an
‘‘endangered species’’ or a ‘‘threatened
species.’’ In determining whether a
species meets either definition, we must
evaluate all identified threats by
considering the expected response by
the species, and the effects of the
threats—in light of those actions and
conditions that will ameliorate the
threats—on an individual, population,
and species level. We evaluate each
threat and its expected effects on the
species, then analyze the cumulative
effect of all of the threats on the species
as a whole. We also consider the
cumulative effect of the threats in light
of those actions and conditions that will
have positive effects on the species,
such as any existing regulatory
mechanisms or conservation efforts. The
Secretary determines whether the
species meets the Act’s definition of an
‘‘endangered species’’ or a ‘‘threatened
species’’ only after conducting this
cumulative analysis and describing the
expected effect on the species now and
in the foreseeable future.
The Act does not define the term
‘‘foreseeable future,’’ which appears in
the statutory definition of ‘‘threatened
species.’’ Our implementing regulations
at 50 CFR 424.11(d) set forth a
framework for evaluating the foreseeable
future on a case-by-case basis. The term
‘‘foreseeable future’’ extends only so far
into the future as we can reasonably
determine that both the future threats
and the species’ responses to those
threats are likely. In other words, the
foreseeable future is the period of time
in which we can make reliable
predictions. ‘‘Reliable’’ does not mean
‘‘certain’’; it means sufficient to provide
a reasonable degree of confidence in the
prediction. Thus, a prediction is reliable
if it is reasonable to depend on it when
making decisions.
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It is not always possible or necessary
to define foreseeable future as a
particular number of years. Analysis of
the foreseeable future uses the best
scientific and commercial data available
and should consider the timeframes
applicable to the relevant threats and to
the species’ responses to those threats in
view of its life-history characteristics.
Data that are typically relevant to
assessing the species’ biological
response include species-specific factors
such as lifespan, reproductive rates or
productivity, certain behaviors, and
other demographic factors.
In conducting our evaluation of the
five factors provided in section 4(a)(1) of
the Act to determine whether the
Alexander Archipelago wolf, Cooper’s
cave amphipod, Georgia blind
salamander, minute cave amphipod,
Morrison’s cave amphipod, narrow-foot
hygrotus diving beetle, pristine crayfish,
and Tennessee heelsplitter meet the
Act’s definition of ‘‘endangered species’’
or ‘‘threatened species,’’ we considered
and thoroughly evaluated the best
scientific and commercial information
available regarding the past, present,
and future stressors and threats. In
conducting our evaluation of the
Chihuahua catfish, we determined that
it does not meet the definition of a
‘‘species’’ under the Act, and, as a
result, we conclude that it is not a
listable entity. We reviewed the
petitions, information available in our
files, and other available published and
unpublished information for all these
species. Our evaluation may include
information from recognized experts;
Federal, State, and Tribal governments;
academic institutions; foreign
governments; private entities; and other
members of the public.
In accordance with the regulations at
50 CFR 424.14(h)(2)(i), this document
announces the not-warranted findings
on petitions to list nine species. We
have also elected to include brief
summaries of the analyses on which
these findings are based. We provide the
full analyses, including the reasons and
data on which the findings are based, in
the decisional file for each of the nine
actions included in this document. The
following is a description of the
documents containing these analyses:
The species assessment forms for
Alexander Archipelago wolf, Cooper’s
cave amphipod, Georgia blind
salamander, minute cave amphipod,
Morrison’s cave amphipod, narrow-foot
hygrotus diving beetle, pristine crayfish,
and Tennessee heelsplitter contain more
detailed biological information, a
thorough analysis of the listing factors,
a list of literature cited, and an
explanation of why we determined that
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each species does not meet the Act’s
definition of an ‘‘endangered species’’ or
a ‘‘threatened species.’’ To inform our
status reviews, we completed species
status assessment (SSA) reports for the
Alexander Archipelago wolf, Cooper’s
cave amphipod, Georgia blind
salamander, minute cave amphipod,
Morrison’s cave amphipod, narrow-foot
hygrotus diving beetle, pristine crayfish,
and Tennessee heelsplitter. Each SSA
report contains a thorough review of the
taxonomy, life history, ecology, current
status, and projected future status for
each species. The species assessment
form for the Chihuahua catfish contains
more detailed taxonomic information, a
list of literature cited, and an
explanation of why we determined that
the species does not meet the Act’s
definition of a ‘‘species.’’ This
supporting information can be found on
the internet at https://
www.regulations.gov under the
appropriate docket number (see
ADDRESSES, above).
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Alexander Archipelago Wolf
Previous Federal Actions
On July 15, 2020, we received a
petition from the Center for Biological
Diversity, Alaska Rainforest Defenders,
and Defenders of Wildlife, requesting
that the Alexander Archipelago wolf
subspecies in Southeast Alaska be listed
as a threatened species or an
endangered species and critical habitat
be designated for this species under the
Act. The petitioners requested that we
recognize Alexander Archipelago
wolves in Southeast Alaska as a distinct
population segment (DPS), and evaluate
this DPS for listing as threatened or
endangered. The petitioners also
requested that we evaluate the
Alexander Archipelago wolf subspecies
for listing where Southeast Alaska
constitutes a significant portion of the
range. On July 27, 2021, we published
a 90-day finding (86 FR 40186) that the
petition contained substantial
information indicating that listing may
be warranted for the species. This
document constitutes our 12-month
finding on the July 15, 2020, petition to
list the Alexander Archipelago wolf
under the Act.
We evaluated the Southeast Alaska
population of AA wolf under our 1996
DPS policy (61 FR 4722) and found that
it met both the discreteness and
significance criteria. The population is
discrete based on the international
governmental boundary between the
United States (Alaska) and Canada
(British Columbia) within which
significant differences in control of
exploitation, management of habitat,
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and regulatory mechanisms exist. The
population meets the significance
criteria because the loss of the
Alexander Archipelago wolves in
Southeast Alaska would result in a
significant gap in the range of the taxon
because an extensive area would be
without Alexander Archipelago wolves
if the Southeast Alaska population were
lost. For a more detailed discussion of
our DPS analysis, please see the species
assessment form.
Given the best available information
related to the DPS Policy’s discreteness
and significance criteria, we determined
that the Southeast Alaska segment of the
Alexander Archipelago wolf population
meets the DPS Policy criteria for both
the discreteness criteria and the
significance criteria. Thus, in addition
to our listing evaluation and finding on
the Alexander Archipelago wolf rangewide, we also evaluated the Southeast
Alaska DPS, as requested by the
petition.
Summary of Finding for the Alexander
Archipelago Wolf
The Alexander Archipelago wolf is a
subspecies of gray wolf that occurs
along the coastal mainland and islands
of Southeast Alaska and British
Columbia. Based on the best available
information, the current distribution of
the species is similar to its historical
distribution.
There are gaps in our understanding
of the life history of the Alexander
Archipelago wolf; thus, when
appropriate, we have applied
information from gray wolves and other
gray wolf subspecies. Alexander
Archipelago wolves breed between 22 to
34 months of age, and litters range from
1 to 8 pups. Denning typically occurs
from mid-April through early July;
throughout the rest of the year
Alexander Archipelago wolves are
traveling, hunting, or dispersing.
Alexander Archipelago wolves are
capable of dispersing long distances,
both on land and water, although there
are many examples of these wolves
avoiding water crossings. Pack sizes
typically range between 2 and 12
wolves, although much larger groups
have been observed. Alexander
Archipelago wolves are opportunistic
predators that eat a variety of prey
species, yet, like gray wolves, ungulates
compose most of their diet. Across the
range of the species, Sitka black-tailed
deer (Odocoileus hemionus sitkensis)
and moose (Alces americanus) make up
75 percent of the wolf’s diet. Alexander
Archipelago wolves are habitat
generalists, typically utilizing whatever
habitat their preferred prey use and
avoiding areas of intense human
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activity. Old-growth forests, which
Alexander Archipelago wolves select
for, make up a majority of home range
areas, and areas near freshwater are also
selected by wolves during denning.
We have carefully assessed the best
scientific and commercial information
available regarding the past, present,
and future threats to the Alexander
Archipelago wolf, and we evaluated all
relevant factors under the five listing
factors, including any regulatory
mechanisms and conservation measures
addressing these threats. The primary
threats affecting the Alexander
Archipelago wolf’s biological status
include timber harvest and associated
road development, harvest of wolves,
and genetic inbreeding. Although
disease and climate change may not be
currently impacting the species, the best
available information indicates that
these factors could have impacts on the
species’ viability in the future.
After evaluating threats to the species
and assessing the cumulative effect of
the threats under the section 4(a)(1)
factors, we assessed the current status of
the Alexander Archipelago wolf to
determine if it meets the definition of an
endangered species or threatened
species. Our assessment of Alexander
Archipelago wolf current viability
included the primary threats of timber
harvest and associated road
development, harvest of wolves, and
genetic inbreeding. To evaluate overall
current population resiliency of the
Alexander Archipelago wolf, we ranked
each population into a current condition
category (i.e., high, moderately-high,
moderate, moderately-low, low, or
functionally extirpated) based on
estimates of population growth, and the
species’ needs which include dietary
diversity, area of old-growth forest
available, and remoteness (i.e., space
from human activity; Table 3 of the SSA
Report). Despite past and ongoing
threats, Alexander Archipelago wolf
currently occupies five analysis units
that span its historical range, three of
which exhibit high resiliency (Northern
and Southern Coastal British Columbia
and Northern Southeast Alaska), one
with moderately high resiliency
(Southern Southeast Alaska), and one
with moderately low resiliency (Prince
of Wales Island Complex). Currently,
Alexander Archipelago wolves appear
to have high adaptive capacity, and we
expect most populations to be able to
adapt to near-term changes in their
physical and biological environments.
The exception to this is the Prince of
Wales Island Complex analysis unit.
Within the Prince of Wales Island
Complex analysis unit, high levels of
inbreeding have been documented, and
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ungulate prey is limited compared to
the rest of the range. These
characteristics limit the adaptive
capacity of wolves within this analysis
unit. Nonetheless, based on the best
available information, the Prince of
Wales Island Complex analysis unit
demonstrates stable population trends.
Overall, the Alexander Archipelago wolf
is widely distributed across its current
and historical range indicating that it
has high redundancy (ability to
withstand catastrophic events) and
overall high representation (adaptive
capacity), contributing to its overall
viability. Thus, after assessing the best
available information, we conclude that
the Alexander Archipelago wolf is not
in danger of extinction throughout all of
its range.
To assess future viability of the
Alexander Archipelago wolf, we
considered the foreseeable future out
approximately 30 years (to 2050) and
projected the influence of three future
scenarios that included disease and
climate change and the other primary
threats included in the assessment of
current viability. The Alexander
Archipelago wolf is projected to retain
high to moderate levels of resiliency
within four of the five analysis units,
and no significant loss in distribution is
predicted across its range. The
exception is the Prince of Wales Island
Complex analysis unit, which is
projected to decline in resiliency under
most scenarios, and under one scenario,
projections indicate possible
extirpation. However, the Prince of
Wales Island Complex analysis unit
represents a relatively small area
(approximately 4.5 percent; Service
2023, p. 110) compared to the overall
geographic range of the species, and a
relatively small proportion of the
rangewide population estimate (17
percent; Service 2023, pp. 90–91). Thus,
after assessing the best available
information, we conclude that the
Alexander Archipelago wolf is not
likely to become endangered within the
foreseeable future throughout all of its
range.
We evaluated the range of the
Alexander Archipelago wolf to
determine if the species is in danger of
extinction now or likely to become so in
the foreseeable future in any portion of
its range. The Prince of Wales Island
Complex analysis unit has moderately
low resiliency now and ranges from
moderate resiliency to functionally
extirpated into the future. We found that
this analysis unit may have a different
status compared to the rest of the range.
Within the Prince of Wales Island
Complex analysis unit, high levels of
old-growth timber harvest, road
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development, and inbreeding have been
documented, and wolf harvest rates
(reported and unreported) may also
exceed sustainable levels in some years
(Service 2023, p. 62). Additionally,
ungulate prey is limited to just one
species, the Sitka black-tailed deer,
limiting adaptive capacity for wolves in
this analysis unit. Although other
analysis units may also face one or two
threats from timber harvest, road
development, inbreeding, wolf harvest,
or prey availability, the Prince of Wales
Island Complex is the only analysis unit
that experiences all of these threats.
However, we did not find that the
Prince of Wales Island Complex analysis
unit represents a significant portion of
the range for the Alexander Archipelago
wolf. The Prince of Wales Island
Complex analysis unit represents
approximately 4.5 percent of the overall
geographic range of the species (Service
2023, p. 110). Additionally, the Prince
of Wales Island Complex analysis unit
does not have high-quality habitat
relative to the rest of the range.
Contiguous patches of old-growth forest
(at least 75 square kilometers) have been
identified as the preferred habitat for
this species and are considered highquality habitat. The Prince of Wales
Island Complex analysis unit contains
10.9 percent of the total preferred oldgrowth habitat that is available to the
species rangewide (Service 2023, p.
110). Lastly, the habitat within the
Prince of Wales Island Complex analysis
unit is not considered unique for any
specific life-history functions (e.g.,
availability of denning habitat or
ungulate prey); the species’ preferred
denning habitat is found in all other
analysis units, and ungulate prey
diversity is greater in the other analysis
units. Thus, we do not consider the
Prince of Wales Island Complex analysis
unit to represent a large geographic area
relative to the range of the species as a
whole, to have higher quality habitat
relative to the remaining portions of the
range, or to represent uniquely valuable
habitat for the species. We do not find
that the Prince of Wales Island Complex
analysis unit is significant. Therefore,
the Prince of Wales Island Complex
analysis unit does not represent a
significant portion of its range, and we
find that the Alexander Archipelago
wolf is not in danger of extinction now
or likely to become so in the foreseeable
future in any significant portion of its
range.
After assessing the best available
information, we conclude that the
Alexander Archipelago wolf is not in
danger of extinction or likely to become
in danger of extinction throughout all of
its range or in any significant portion of
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its range. Therefore, we find that listing
the Alexander Archipelago wolf as an
endangered species or threatened
species under the Act is not warranted.
Summary of Finding for the Southeast
Alaska Alexander Archipelago Wolf
DPS
The Southeast Alaska Alexander
Archipelago wolf DPS occurs along the
coastal mainland and islands of
Southeast Alaska. Based on the best
available information, the current
distribution of the species is similar to
its historical distribution.
We have carefully assessed the best
scientific and commercial information
available regarding the past, present,
and future threats to the Southeast
Alaska Alexander Archipelago wolf
DPS, and we evaluated all relevant
factors under the five listing factors,
including any regulatory mechanisms
and conservation measures addressing
these threats. The primary threats
affecting the Southeast Alaska
Alexander Archipelago wolf DPS’s
biological status include timber harvest
and associated road development,
harvest of wolves, and genetic
inbreeding. Although disease and
climate change may not be currently
impacting the species, the best available
information indicates that these factors
could have impacts on the species’
viability in the future.
Our assessment of the current
viability of the Southeast Alaska
Alexander Archipelago wolf DPS
included the primary threats of timber
harvest and associated road
development, harvest of wolves, and
genetic inbreeding. Currently, one
analysis unit exhibits high resiliency
(Northern Southeast), one analysis unit
exhibits moderately high resiliency
(Southern Southeast), and one analysis
unit exhibits moderately low resiliency
(Prince of Wales Island Complex).
Alexander Archipelago wolves in the
Northern Southeast Alaska analysis unit
and the Southern Southeast Alaska
analysis unit appear to have high
adaptive capacity, and we expect
wolves in these analysis units to be able
to adapt to near-term changes in their
physical and biological environments.
Even though the Southern Southeast
Alaska analysis unit exhibits signs of
recent and historical inbreeding, there is
no evidence of a reduction in fitness
related to inbreeding. Additionally, the
Southern Southeast Alaska analysis unit
has a greater potential for connectivity
and therefore, gene flow, with other
analysis units on the mainland, and it
has a greater diversity of ungulate prey.
Within the Prince of Wales Island
Complex analysis unit, high levels of
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inbreeding have been documented and
ungulate prey is limited compared to
the rest of the range of the DPS. These
characteristics limit the current adaptive
capacity of wolves within the Prince of
Wales Island Complex analysis unit.
However, even with this additional
stress, the population estimates for
Prince of Wales Island Complex analysis
unit indicate it is currently stable.
Within the Southeast Alaska Alexander
Archipelago wolf DPS, the species is
distributed across its current and
historical range, indicating that it has
high redundancy (ability to withstand
catastrophic events) and high
representation (adaptive capacity),
contributing to its overall viability.
Thus, after assessing the best available
information, we conclude that the
Southeast Alaska Alexander
Archipelago wolf DPS is not in danger
of extinction throughout its range.
To assess future viability of the
Southeast Alaska Alexander
Archipelago wolf DPS, we considered
the foreseeable future out approximately
30 years (to 2050) and projected the
influence of three future scenarios that
included disease and climate change,
and the other primary threats included
in the assessment of current viability.
The Southeast Alaska Alexander
Archipelago wolf DPS is projected to
have high to moderate resiliency within
the Northern Southeast Alaska analysis
unit, moderately high resiliency in the
Southern Southeast Alaska analysis
unit, and moderate resiliency to a
functionally extirpated status within the
Prince of Wales Island Complex analysis
unit. However, the Prince of Wales
Island Complex analysis unit represents
a relatively small percentage of the total
geographic area of the Southeast Alaska
Alexander Archipelago wolf DPS
(approximately 13.2 percent) and
approximately 30 percent of the overall
Southeast Alexander Archipelago wolf
DPS population. Thus, after assessing
the best available information, we
conclude that the Southeast Alaska
Alexander Archipelago wolf DPS is not
likely to become endangered within the
foreseeable future throughout all of its
range.
We then evaluated the range of the
Southeast Alaska Alexander
Archipelago wolf DPS to determine if
the species is in danger of extinction
now or likely to become so in the
foreseeable future in any significant
portion of its range. We looked at the
entire range of the Southeast Alaska
Alexander Archipelago wolf DPS and
found that the Prince of Wales Island
Complex analysis unit has moderately
low resiliency now and ranges from
moderately resilient to functionally
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extirpated into the future. We found that
the Prince of Wales Island Complex may
have a different status compared to the
rest of the DPS range. Within the Prince
of Wales Island Complex analysis unit,
high levels of old-growth timber harvest,
road development, and inbreeding have
been documented, and wolf harvest
rates (reported and unreported) may
exceed sustainable levels in some years
(Service 2023, p. 62). Additionally,
ungulate prey is limited to just one
species, Sitka black-tailed deer, limiting
adaptive capacity for wolves in this
analysis unit. Although the other
analysis units may also face one or two
threats from either timber harvest, road
development, inbreeding, wolf harvest,
or prey availability, the Prince of Wales
Island Complex is the only analysis unit
that experiences all of these threats.
However, we did not find the Prince of
Wales Island Complex analysis unit to
represent a significant portion of the
range of the Southeast Alaska Alexander
Archipelago wolf. The Prince of Wales
Island Complex analysis unit represents
a relatively small portion of the
geographic area of the Southeast Alaska
Alexander Archipelago wolf DPS
(approximately 13.2 percent).
Additionally, the Prince of Wales Island
Complex analysis unit does not have
high-quality habitat relative to the rest
of the range. Contiguous patches of oldgrowth forest have been identified as the
preferred habitat for this species and are
considered high-quality habitat. The
Prince of Wales Island Complex analysis
unit contains approximately 22.8
percent of high-quality habitat
compared to the rest of the DPS range
(Service 2023, p. 110). Lastly, the
habitat on the Prince of Wales Island
Complex analysis unit is not considered
unique for any specific life-history
functions (e.g., denning habitat or prey
diversity); denning habitat is found in
the other analysis units within the DPS,
and the other two analysis units have
greater ungulate prey diversity
compared to the Prince of Wales Island
Complex. Thus, we do not consider the
Prince of Wales Island Complex analysis
unit to represent a large geographic area
relative to the range of the DPS, to have
higher quality habitat relative to the rest
of the DPS, or to represent uniquely
valuable habitat for the DPS. Therefore,
the Prince of Wales Island Complex
analysis unit does not represent a
significant portion of the Southeast
Alaska Alexander Archipelago wolf DPS
range, and the Southeast Alaska
Alexander Archipelago wolf DPS is not
in danger of extinction now or likely to
become so in the foreseeable future in
any significant portion of its range.
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After assessing the best available
information, we concluded that the
Southeast Alaska Alexander
Archipelago wolf DPS is not in danger
of extinction or likely to become in
danger of extinction throughout all of its
range or in any significant portion of its
range. Therefore, we find that listing the
Southeast Alaska Alexander
Archipelago wolf DPS as an endangered
species or threatened species under the
Act is not warranted. A detailed
discussion of the basis for this finding
can be found in the Alexander
Archipelago wolf species assessment
form and other supporting documents at
https://www.regulations.gov under
Docket No. FWS–R7–ES–2023–0109.
Peer Review
In accordance with our July 1, 1994,
peer review policy (59 FR 34270; July 1,
1994) and the Service’s August 22, 2016,
Director’s Memo on the Peer Review
Process we solicited independent
scientific reviews of the information
contained in the Alexander Archipelago
wolf SSA report. The Service sent the
SSA report to 10 independent peer
reviewers and received 4 responses.
Results of this structured peer review
process can be found at https://
www.regulations.gov under Docket No.
FWS–R7–ES–2023–0109 and https://
www.fws.gov/library/categories/peerreview-plans. We incorporated the
results of these reviews, as appropriate,
into the SSA report, which is the
foundation for this finding.
Chihuahua Catfish
Previous Federal Actions
On June 25, 2007, the U.S. Fish and
Wildlife Service (Service) received a
petition dated June 18, 2007, from
Forest Guardians (now WildEarth
Guardians) requesting that the Service
list 475 species, including the
Chihuahua catfish, as threatened or
endangered species and designate
critical habitat under the Act. All 475
species occur within the Southwest
Region and were ranked as G1 or G1G2
species by NatureServe at the time. In a
July 11, 2007, letter to the petitioner, the
Service acknowledged receipt of the
petition and stated that the petition was
under review by staff in the Southwest
Regional Office. On December 16, 2009,
the Service published a partial 90-day
finding on the petition, including the
Chihuahua catfish and 191 other
species, stating that the petition
presented substantial scientific
information indicating that listing may
be warranted for 67 of the 192 species
(74 FR 66866).
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Summary of Finding
In assessing the best available
scientific information for the status of a
species, the Service generally relies on
information published in peer-reviewed
journals and other reports. Particularly
related to taxonomic determinations, we
defer to the scientific literature and to
professional authorities for taxonomical
assignments. However, when that
information is in question, the Service
conducts its own analysis, and we
exercise our best scientific judgment.
For a taxon to be listed under the Act,
it must be a listable entity; that is, it
must be either formally described and
accepted as a species or subspecies or
there must be credible scientific
evidence that the entity should qualify
as a valid species or subspecies. The
Chihuahua catfish has never been
formally described in peer-reviewed
literature as a valid taxonomic entity. A
draft species description from 1998
proposed to describe the species as
distinct but was never finalized. Recent
morphological and genetic analyses
found no evidence that this putative
species exists in New Mexico and
Texas.
To date, no peer-reviewed
publications have supported a distinct
species status of the Chihuahua catfish
or provided evidence of its existence.
We have reviewed the best available
information regarding the taxonomic
status of the putative Chihuahua catfish
and conclude that there is insufficient
credible scientific evidence that the
entity qualifies as a valid species or
subspecies. Therefore, it is not
warranted for listing because we find
that there is not credible scientific
evidence that the Chihuahuan catfish is
a listable entity under Act. A detailed
discussion of the basis for this finding
can be found in the Chihuahua catfish
species assessment form and other
supporting documents at https://
www.regulations.gov under Docket No.
FWS–R2–ES–2023–0110.
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Peer Review
In accordance with our July 1, 1994,
peer review policy (59 FR 34270; July 1,
1994) and the Service’s August 22, 2016,
Director’s Memo on the Peer Review
Process, we solicited independent
scientific reviews of the information
contained in our report titled ‘‘Review
of the Chihuahua catfish (Ictalurus sp.
1)’’. The Service sent the report to seven
independent peer reviewers and
received four responses. We
incorporated the results of these
reviews, as appropriate, into the report,
which is the foundation for this finding.
Results of this structured peer review
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process can be found at https://
www.regulations.gov under Docket No.
FWS–R2–ES–2023–0110.
Cooper’s Cave Amphipod, Minute Cave
Amphipod, and Morrison’s Cave
Amphipod
Previous Federal Actions
On April 20, 2010, we received a
petition from the Center for Biological
Diversity, Alabama Rivers Alliance,
Clinch Coalition, Dogwood Alliance,
Gulf Restoration Network, Tennessee
Forests Council, and West Virginia
Highlands to list 404 aquatic, riparian,
and wetland species, including
Stygobromus cooperi, S. parvus, and S.
morrisoni (referred to by the common
names ‘‘Cooper’s cave amphipod,’’
‘‘minute cave amphipod,’’ and
‘‘Morrison’s cave amphipod,’’
respectively, in the petition), as
endangered or threatened species under
the Act. On September 27, 2011, we
published a 90-day finding in which we
announced that the petition contained
substantial information indicating that
listing may be warranted for the species
(76 FR 59836). This document
constitutes our 12-month finding on the
April 20, 2010, petition to list Cooper’s,
minute, and Morrison’s cave amphipods
under the Act.
Summary of Finding
Cooper’s, minute, and Morrison’s cave
amphipods are specialized for
subterranean karst habitat characterized
by relatively stable physiochemical
conditions compared to surface
environments and have limited or
patchily distributed food resources.
Karst landscapes are geologic features or
landforms characterized by distinctive
permeable underground drainage
systems, caves, and sinkholes that have
been formed through the dissolving of
soluble rock, particularly limestone
(Simms 2005, p. 678). Due to the
absence of light and primary producers
in subterranean environments, these
species are likely detritivores or
omnivores that feed on organic matter
(i.e., dead plant and animal material)
originating from the surface. Morrison’s
cave amphipod is restricted to Virginia
and West Virginia, and Cooper’s cave
and minute cave amphipods are
restricted to West Virginia, with limited
distributions.
We have carefully assessed the best
scientific and commercial information
available regarding the past, present,
and future threats to the Cooper’s,
minute, and Morrison’s cave
amphipods, and we evaluated all
relevant factors under the five listing
factors, including any regulatory
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mechanisms and conservation measures
addressing these threats. The primary
threats affecting Cooper’s, minute, and
Morrison’s cave amphipods are: (1)
groundwater contamination by
sediments and toxic compounds, (2)
disruption of food supply due to
deforestation/surface alteration, and (3)
direct modification of habitats due to
cave visitation and urban development
of karst areas. Protection, management,
and conservation measures that may
improve the species’ viability are
summarized below.
After evaluating the best available
scientific and commercial information
on potential stressors acting
individually or in combination, we
found no indication that the combined
effects are currently causing a
population-level decline or degrading
the habitat of the Cooper’s, minute, or
Morrison’s cave amphipod, or that the
combined effects are likely to do so
within a foreseeable future of 20 years,
based on the projected species’ response
to future stressors.
Despite impacts from the primary
threats, the best data and information
available indicate Cooper’s, minute, and
Morrison’s cave amphipod species have
maintained resilient populations
throughout their respective ranges.
Although we predict some continued
impacts from these threats in the future,
we anticipate each species will
continue, in the foreseeable future (that
is roughly 20 years), to maintain
resilient populations throughout their
ranges that are distributed throughout
each of their representative units.
After evaluating threats to the species
under the section 4(a)(1) factors listed
above and assessing the cumulative
effect of the threats of these factors, we
evaluated Cooper’s, minute, and
Morrison’s cave amphipod viability to
determine if these species meet the
definition of an endangered or
threatened species. The Cooper’s,
minute, and Morrison’s cave amphipod
redundancy and representation are
limited due to their narrow ranges;
however, this situation is likely similar
to historical conditions. We find that the
Cooper’s, minute, and Morrison’s cave
amphipods have sufficient resiliency,
redundancy, and representation in light
of the best available potential stressor
data and information, both currently
and into the foreseeable future, such
that they do not meet the definition of
an endangered or threatened species
throughout their range.
We evaluated the range of the
Cooper’s cave amphipod to determine if
the species is in danger of extinction
now or likely to become so in the
foreseeable future in any portion of its
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range. The Cooper’s cave amphipod is a
narrow endemic that functions as a
single, contiguous population and
occurs within a very small area of 27
square kilometers (km2) (10.5 square
miles [mi2]). Thus, there is no
biologically meaningful way to break
this limited range into portions, and the
threats that the species faces affect the
species comparably throughout its
entire range. As a result, there are no
portions of the species’ range where the
species has a different biological status
from its rangewide biological status.
Therefore, we conclude that there are no
portions of the species’ range that
warrant further consideration, and the
species is not in danger of extinction or
likely to become so in the foreseeable
future in any significant portion of its
range.
We evaluated the range of the minute
and Morrison’s cave amphipods to
determine if the species are in danger of
extinction now or likely to become so in
the foreseeable future in any portion of
their ranges (1,467 km2 or 566 mi2 and
2,266 km2 or 876 mi2, respectively). The
range of a species can theoretically be
divided into portions in an infinite
number of ways. We focused our
analysis on portions of the species’
range that may meet the definition of an
endangered species or a threatened
species. For minute and Morrison’s cave
amphipods, we considered whether the
threats or their effects on the species are
greater in any biologically meaningful
portion of the species’ range than in
other portions such that the species is
in danger of extinction now or likely to
become so in the foreseeable future in
that portion. We examined the following
threats: (1) groundwater contamination,
(2) disruption of food supply due to
deforestation or surface alteration, and
(3) direct modification of habitat due to
cave visitation and urban development.
After evaluating the best available
scientific and commercial information
on potential stressors acting
individually or in combination, we
found no indication that the combined
effects are currently causing a
population-level decline or degrading
the habitat of the minute or the
Morrison’s cave amphipods. These
factors are not occurring at a substantial
level in any portion for either the
minute or Morrison’s cave amphipods to
contribute to the risk of extinction. We
found no biologically meaningful
portion of the minute or Morrison’s cave
amphipod ranges where threats are
impacting individuals differently from
how they are affecting the species
elsewhere in its range, or where the
biological condition of the species
differs from its condition elsewhere in
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its range such that the status of the
species in that portion differs from its
status in any other portion of the
species’ range. Refer to the species
assessment form in the docket for this
action for additional details.
After assessing the best available
information, we concluded that
Cooper’s, minute, and Morrison’s cave
amphipods are not in danger of
extinction or likely to become in danger
of extinction throughout all of their
ranges or in any significant portion of
their ranges. Therefore, we find that
listing the Cooper’s, minute, or
Morrison’s cave amphipods as
endangered species or threatened
species under the Act is not warranted.
A detailed discussion of the basis for
this finding can be found in the
Cooper’s, minute, and Morrison’s cave
amphipods species assessment form and
other supporting documents on https://
www.regulations.gov under Docket Nos.
FWS–R5–ES–2023–0120 (Cooper’s cave
amphipod), FWS–R5–ES–2023–0121
(minute cave amphipod), and FWS–R5–
ES–2023–0122 (Morrison’s cave
amphipod.
Peer Review
In accordance with our July 1, 1994,
peer review policy (59 FR 34270; July 1,
1994) and the Service’s August 22, 2016,
Director’s Memo on the Peer Review
Process we solicited independent
scientific reviews of the information
contained in the Cooper’s, minute, and
Morrison’s cave amphipod SSA report.
The Service sent the SSA report to four
independent peer reviewers and
received four responses. Results of this
structured peer review process can be
found at https://www.regulations.gov
under Docket Nos. FWS–R5–ES–2023–
0120 (Cooper’s cave amphipod), FWS–
R5–ES–2023–0121 (minute cave
amphipod), and FWS–R5–ES–2023–
0122 (Morrison’s cave amphipod). We
incorporated the results of these
reviews, as appropriate, into the SSA
report, which is the foundation for this
finding.
Georgia Blind Salamander
Previous Federal Actions
On April 20, 2010, we received a
petition from the Center for Biological
Diversity, Alabama Rivers Alliance,
Clinch Coalition, Dogwood Alliance,
Gulf Restoration Network, Tennessee
Forests Council, and West Virginia
Highlands to list 404 aquatic, riparian,
and wetland species, including Eurycea
wallacei (formerly known as, and
identified by petitioners as,
Haideotriton wallacei), as an
endangered or threatened species under
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the Act. On September 27, 2011, we
published a 90-day finding (76 FR
59836) that the petition contained
substantial information indicating that
listing may be warranted for the species.
This document constitutes our 12month finding on the April 20, 2010,
petition to list the Georgia blind
salamander under the Act.
Summary of Finding
The Georgia blind salamander is a
relatively small, pinkish-white, blind
salamander with visible external gills.
Eyes are entirely lacking, except for dark
eyespots. The bodies of juveniles exhibit
many small pigment spots uniformly
distributed along the dorsal and lateral
surfaces but are otherwise translucent.
Adults are similar in appearance but
lack body pigmentation, leaving them
almost pure white apart from their gills.
Lungs are also absent. Common prey
items of the Georgia blind salamander
mainly include crustaceans (ostracods,
amphipods, copepods, and isopods),
though insects and arachnids have also
been found in salamander digestive
tracts. Habitat of the Georgia blind
salamander consists primarily of caves
within the Upper Floridan Aquifer
System, an extensively karstified aquifer
system. Currently, locations where
Georgia blind salamander have been
found include Jackson County, Florida,
as well as Dougherty and Decatur
Counties, Georgia, in the Marianna
Lowlands-Dougherty Plain
physiographic region. The best available
science indicates there is a high
likelihood of Georgia blind salamander
co-occurring with the Dougherty Plain
cave crayfish (Cambarus cryptodytes),
resulting in up to 58 extant sites. It is
important to note that the identified
sites are only those that are accessible
to humans and do not necessarily
represent the entire distribution of the
species. Also, many sites of cooccurrence are isolated wells, indicating
that both species are likely more widely
distributed throughout the aquifer and
associated springsheds than is
evidenced by direct sightings alone. It is
likely the species is present in the
Dougherty Plain portion of the Upper
FAS.
We have carefully assessed the best
scientific and commercial information
available regarding the past, present,
and future threats to the Georgia blind
salamander, and we evaluated all
relevant factors under the five listing
factors, including any regulatory
mechanisms and conservation measures
addressing these threats. Existing threats
related to water quality and water
quantity are present, though there are
extant sites. In addition, water quantity
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currently does not appear to have a large
impact on this aquifer, as drawdowns
even in drought conditions were not
impacting water levels in the aquifer.
Since aquifers have relatively stable
conditions over space and time,
particularly compared to other
terrestrial or even aquatic habitats, the
species’ broad occurrence across the 4.4million-acre aquifer likely ensures it has
adequate representation and
redundancy currently.
After evaluating threats to the species
and assessing the cumulative effect of
the threats under the section 4(a)(1)
factors, we assessed the current status of
the Georgia blind salamander to
determine if it meets the definition of an
endangered species or threatened
species. The Georgia blind salamander
currently has moderate to high
resilience (78 percent of sites); water
quality and quantity are the primary
factors influencing the species
rangewide, although the underlying
aquifer has exhibited relatively stable
conditions over time, and the species is
presumed to occur across the aquifer.
There are extant sites where existing
threats related to water quality and
water quantity still occur, and
drawdowns in drought conditions were
not impacting water levels in the
aquifer. Thus, the threats appear to have
low imminence and magnitude such
that they are not significantly affecting
the species’ current viability.
Accordingly, we determined that the
Georgia blind salamander is not in
danger of extinction throughout its
range.
We then considered whether the
species is likely to become in danger of
extinction within the foreseeable future
throughout its range. The analysis of
future condition to 2070, considered in
the SSA report, encompasses the best
available information for future
projections of land-use change under
two different scenarios (worst case—
A1B and best case—B2), as well as
pollutant discharge permits and effects
of climate change (for example, sea level
rise and drought). The timeframe
considered enabled us to analyze the
threats/stressors acting on the species
and draw reliable predictions about the
species’ response to these factors. Land
use changes may impact water quality,
and thus could influence species
viability.
Given the future scenarios, the
resiliency of the Georgia blind
salamander population is predicted to
decline or remain approximately the
same in the future. However, given the
vast size (4,400,162 acres of surface
area) and stability of habitat, as well as
the species’ broad occurrence across the
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aquifer, and projected limited future
threats, we determined that the scale of
impacts projected in the future will not
impact the species such that the species
is likely to become in danger of
extinction within the foreseeable future.
Thus, after assessing the best available
information, we determined that the
Georgia blind salamander is not in
danger of extinction now or likely to
become so in the foreseeable future
throughout all of its range.
We next considered whether the
species may be in danger of extinction
or likely to become so in the foreseeable
future in a significant portion of its
range—that is, whether there is any
portion of the species’ range for which
it is true that both (1) the portion is
significant and (2) the species is in
danger of extinction now or likely to
become so in the foreseeable future in
that portion. Because the range of a
species can theoretically be divided into
portions in an infinite number of ways,
we focused our analysis on portions of
the species’ range that contribute to the
conservation of the species in a
biologically meaningful way. For the
Georgia blind salamander, we
considered whether the threats or their
effects on the species are greater in any
portion of the species’ range than in
other portions such that the species is
in danger of extinction now or likely to
become so in the foreseeable future in
that portion.
Because this species occupies a
habitat that is not easily accessible or
sampled, with few existing records, it is
assumed to be well distributed evenly
across its interconnected 4.4 millionacre range. While it is considered one
population, we identified sinkhole
hotspots around Albany, Georgia, and
Marianna, Florida, to be most
vulnerable to the threats due to their
close proximity to developed areas and
potential lingering effects from
Superfund sites. These portions of the
range are also vulnerable to potential
catastrophic chemical spills compared
to the overall range. The fact that spills
have occurred and the salamander
remains in high to moderate condition
in these areas indicates that the threats
to water quality and quantity are not
impacting the species such that it has a
different status in these portions
compared to the rest of the range. For
these reasons, the sinkhole hotspot
portions around Albany, GA, and
Marianna, FL, were not determined to
have a different status now or in the
foreseeable future. Further, these
portions also comprise a small portion
of the total range, and therefore we
conclude that these areas are not
significant.
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After assessing the best available
information, we concluded that Georgia
blind salamander is not in danger of
extinction or likely to become in danger
of extinction throughout all of its range
or in any significant portion of its range.
Therefore, we find that listing the
Georgia blind salamander as an
endangered species or threatened
species under the Act is not warranted.
A detailed discussion of the basis for
this finding can be found in the Georgia
blind salamander species assessment
form and other supporting documents at
https://www.regulations.gov under
Docket No. FWS–R4–ES–2023–0117.
Peer Review
In accordance with our July 1, 1994,
peer review policy (59 FR 34270; July 1,
1994) and the Service’s August 22, 2016,
Director’s Memo on the Peer Review
Process, we solicited independent
scientific reviews of the information
contained in the Georgia blind
salamander SSA report. The Service
sent the SSA report to eight
independent peer reviewers and
received three responses. Results of this
structured peer review process can be
found at https://www.regulations.gov
under Docket No. FWS–R4–ES–2023–
0117. We incorporated the results of
these reviews, as appropriate, into the
SSA report, which is the foundation for
this finding.
Narrow-Foot Hygrotus Diving Beetle
Previous Federal Actions
On July 17, 2013, we received a
petition from WildEarth Guardians to
list the narrow-foot hygrotus diving
beetle, henceforth ‘‘diving beetle,’’ as an
endangered or threatened species under
the Act. On January 12, 2016, we
published a 90-day finding (81 FR 1368)
that the petition contained substantial
information indicating that listing may
be warranted for the species. On April
21, 2020, WildEarth Guardians filed suit
(Case No. 1:20-cv-1035) to compel us to
complete a 12-month finding. We
subsequently agreed to submit a 12month finding for the diving beetle to
the Federal Register by August 15,
2023. This document constitutes our 12month finding on the July 17, 2013,
petition to list the diving beetle under
the Act.
Summary of Finding
Narrow-foot hygrotus diving beetles
are small aquatic beetles found in
central Wyoming within a specific
geology of Cody Shale substrates or soils
derived from Cody Shale in Fremont,
Johnson, Natrona, and Washakie
Counties. This beetle has likely never
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had a wider distribution than the
narrow range it currently occupies.
Diving beetles develop through egg,
larval, pupal, and adult stages and rely
on small, transitory, saline pools that
form during the drying down of
ephemeral streams in summer, with all
life stages either occurring in or adjacent
to these pools. Diving beetles require
refugia and prey in pools and
hydrologically intact areas surrounding
pools, which support higher water
quality and seasonally appropriate
timing and quantities of water in pools.
Diving beetle sites appear to function as
a metapopulation, and as such,
connectivity among pools is essential
for diving beetles. Pools need to be near
enough to each other so that, when local
conditions in one pool become
unsuitable, either adults can fly
overland to another pool or individuals
at any life stage can flow downstream to
another pool with suitable habitat. The
frequency across years with which pools
are occupied by diving beetles is also
important for diving beetles’ resiliency.
More frequently occupied pools reliably
provide for the needs of diving beetles,
and while infrequently occupied pools
do not support diving beetles in most
years, they do support diving beetles in
years with extreme weather conditions
that make other sites unsuitable.
We have carefully assessed the best
scientific and commercial information
available regarding the past, present,
and future threats to the diving beetle,
and we evaluated all relevant factors
under the five listing factors, including
any regulatory mechanisms and
conservation measures addressing these
threats. After evaluating threats to the
species and assessing the cumulative
effect of the threats under the section
4(a)(1) factors, we assessed the current
status of the diving beetle to determine
if it meets the definition of an
endangered species or threatened
species. The primary threats affecting
the diving beetle’s biological status
include climate change, inadequate
water availability, flooding,
anthropogenic disturbance, and
insecticide spraying.
Our assessment of current viability
included all primary threats to the
diving beetle. Despite past and ongoing
stressors, the diving beetle has multiple
populations in high and moderate
condition. To assess future viability of
this species, we considered the
foreseeable future out to 2050 and
projected the influence under three
future scenarios of stressors that
included climate change, inadequate
water availability, flooding,
anthropogenic disturbance, and
insecticide spraying. Within the SSA,
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we evaluated the viability of diving
beetles, including a review of ongoing
and future threats. The best available
information indicates that this species’
life-history traits are conducive to
surviving projected climate changes and
other increases in evaluated stressors
now and into the foreseeable future.
Diving beetles also have a
metapopulation structure with
connectivity between sites that supports
resiliency among all sites throughout
the entire range, and the distribution of
the species across three different river
basins within central Wyoming helps
support redundancy. Therefore, we
expect all diving beetle sites to be
maintained into the foreseeable future.
We then evaluated the range of the
diving beetle to determine if the species
is in danger of extinction now or likely
to become so in the foreseeable future in
any portion of its range. The range of a
species can theoretically be divided into
portions in an infinite number of ways.
We focused our analysis on portions of
the species’ range that may meet the
definition of an endangered species or a
threatened species. For the diving
beetle, we considered whether the
threats or their effects on the species are
greater in any biologically meaningful
portion of the species’ range than in
other portions such that the species is
in danger of extinction now or likely to
become so in the foreseeable future in
that portion. We found no portion of the
diving beetle’s range where threats are
impacting individuals differently from
how they are affecting the species
elsewhere in its range, or where the
biological condition of the species
differs from its condition elsewhere in
its range such that the status of the
species in that portion differs from its
status in any other portion of the
species’ range. Therefore, we find that
the species is not in danger of extinction
now or likely to become so in the
foreseeable future in any significant
portion of its range; refer to the species
assessment form in the docket for this
action for additional details.
After assessing the best available
information, we concluded that the
diving beetle is not in danger of
extinction or likely to become in danger
of extinction throughout all of its range
or in any significant portion of its range.
Therefore, we find that listing the diving
beetle as an endangered species or
threatened species under the Act is not
warranted. A detailed discussion of the
basis for this finding can be found in the
diving beetle species assessment form
and other supporting documents at
https://www.regulations.gov under
Docket No. FWS–R6–ES–2023–0111.
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Peer Review
In accordance with our July 1, 1994,
peer review policy (59 FR 34270; July 1,
1994) and the Service’s August 22, 2016,
Director’s Memo on the Peer Review
Process, we solicited independent
scientific reviews of the information
contained in the diving beetle SSA
report. The Service solicited review of
the SSA report from six potential peer
reviewers and received one review.
Results of this structured peer review
process can be found at https://
www.regulations.gov under Docket No.
FWS–R6–ES–2023–0111. We
incorporated the results of the review,
as appropriate, into the SSA report,
which is the foundation for this finding.
Pristine Crayfish
Previous Federal Actions
On April 20, 2010, we received a
petition from the Center for Biological
Diversity, Alabama Rivers Alliance,
Clinch Coalition, Dogwood Alliance,
Gulf Restoration Network, Tennessee
Forests Council, and West Virginia
Highlands Conservancy to list 404
aquatic, riparian, and wetland species,
including the pristine crayfish, as an
endangered or threatened species under
the Act. On September 27, 2011, we
published a 90-day finding in the
Federal Register (76 FR 59836)
concluding that the petition presented
substantial scientific or commercial
information indicating that listing may
be warranted. This document
constitutes our 12-month finding on the
April 20, 2010, petition to list pristine
crayfish under the Act.
Summary of Finding
The pristine crayfish is a small,
freshwater crayfish endemic to the
Cumberland Plateau in Tennessee. The
species occurs in small- to mediumsized streams and rivers in the Caney
Fork and Sequatchie River systems in
central Tennessee. Pristine crayfish are
known to occur in 27 streams in 8
subwatersheds (HUC12) in the region.
Two distinct forms of the pristine
crayfish are recognized based on body
characteristics and genetics: the Caney
Fork form and the Sequatchie form. The
Caney Fork form of pristine crayfish
occurs in five northern subwatersheds
(17 streams), and the Sequatchie form
occurs in three southern subwatersheds
(10 streams). The pristine crayfish
requires good water quality in first- to
fourth-order perennial streams with cool
water, shallow pools with slow to
moderate flow, slab rock substrate with
cobble, and low levels of sedimentation.
We have carefully assessed the best
scientific and commercial information
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available regarding the past, present,
and future threats to the pristine
crayfish, and we evaluated all relevant
factors under the five listing factors,
including any regulatory mechanisms
and conservation measures addressing
these threats. After evaluating threats to
the species and assessing the
cumulative effect of the threats under
the section 4(a)(1) factors, we assessed
the current status of the pristine crayfish
to determine if it meets the definition of
an endangered species or threatened
species. The threats affecting the
pristine crayfish’s biological status
include habitat destruction or
modification, future effects of climate
change, disease, and the effect of small,
isolated populations. Of these threats,
habitat destruction or modification and
the future effects of climate change were
identified as key drivers of the species’
viability. Habitat destruction or
modification is currently the primary
threat to pristine crayfish viability.
Impacts to the pristine crayfish’s habitat
rangewide are caused by sedimentation,
decreased water quality, and the effects
of impoundments. These impacts occur
at the individual and population levels
across the species’ distribution, but the
best available information indicates that
these localized impacts have not
affected pristine crayfish at the species
level. Climate change has the potential
to impact the species through increased
magnitude and frequency of drought
and increased temperature, and this
threat is ongoing and projected to
increase in the future. Although drought
and increased temperatures may result
in a decrease or lack of recruitment in
some portions of its range during some
years, there have been no documented
species-level declines as a result of
consecutive years of drought. The
threats of disease and small population
size may exacerbate the effects of the
primary threats but are not expected to
affect population resiliency,
representation, and redundancy alone.
The best available information
indicates that the range of the pristine
crayfish has not contracted since
described in 1965 and, in fact, its range
was recently expanded into an
additional river system. The species is
naturally patchily distributed within its
range and is known to occur in 27
streams across 8 HUC12 analysis units
(AUs). Seven of the eight AUs exhibit
moderate current resiliency. Although
we identified habitat destruction or
modification and climate change as the
key drivers of species’ viability, the
species’ current condition does not
indicate species-level impacts from
these or other cumulative factors that
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have led to reductions in AU resiliency.
The species’ representation and
redundancy are moderate, and the
species occurs in multiple analysis units
with sufficient resiliency across its
historical and current range. Overall, no
current threat is acting at an extent or
severity such that the pristine crayfish
is at risk of extinction throughout all of
its range. Thus, after assessing the best
available information, we conclude that
the pristine crayfish is not in danger of
extinction throughout all of its range.
Therefore, we proceed with
determining whether the pristine
crayfish is likely to become an
endangered species within the
foreseeable future throughout all of its
range. To evaluate the future viability of
the pristine crayfish, we considered the
relevant threats currently acting on the
species, those threats expected to act on
the species in the foreseeable future,
and the species’ response to those
threats. The primary threats to the
pristine crayfish in the future are habitat
destruction or modification and climate
change. The three plausible future
scenarios we examined included
projections of urbanization, land use
change (evergreen forest cover),
impoundments, the effects of climate
change, and the cumulative effect of
these threats. Our analysis of the
species’ condition under future
scenarios at two time steps (2036 and
2051) encompasses the best available
information for future projections of
modeled parameters under a range of
plausible threat levels. We selected
these time steps based on the pristine
crayfish’s lifespan of approximately 4
years and the reliability of the data and
models used in the future threat
projections and analyses. Therefore, we
determined 30 years to be the
foreseeable future for which we can
reasonably predict the threats to the
pristine crayfish and the species’
response to those threats.
In this timeframe, there are minor
projected increases in some threats that
may affect the availability of suitable
habitat across the species’ range.
Urbanization is projected to increase an
average of 6 to 11 percent over current
levels and evergreen forest cover
(representing land use change) is
projected to decrease by 1 percent in the
same timeframes. The pristine crayfish
is distributed across eight AUs (HUC12
subwatersheds) and is expected to
remain extant in all future scenarios
across the AUs. Our future condition
analysis projected declines in resiliency
in six or seven of the AUs in all
scenarios except the increased impact
scenario in 2051, when all eight AUs are
projected to decline in resiliency. Based
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on our analysis, the projected effects of
climate change and impoundments may
have a greater effect on species’
resiliency compared to current impacts,
but the magnitude and imminence of
the threats and the species’ responses
are more uncertain.
We expect that the species’
representation and redundancy will
decline slightly but will largely be
maintained in moderate condition in the
future with all AUs remaining on the
landscape in all scenarios. We projected
future redundancy as moderate with no
AUs projected to be extirpated, and the
distribution of the species across the
range is projected to remain at the
current level. Likewise, representation
is expected to remain moderate as both
forms of the pristine crayfish are present
on the landscape, although some
parameters used to assess representation
are projected to decline as resiliency
declines. Impacts from current and
ongoing threats will reduce population
resiliency and affect the species’
representation and redundancy in the
foreseeable future but are not projected
to lead to the species’ decline such that
the pristine crayfish is likely to become
in danger of extinction in the modeled
scenarios. The best available
information does not indicate that the
pristine crayfish’s viability will decline
so much that the species is likely to
become an endangered species within
the foreseeable future throughout its
range.
We then evaluated the range of the
pristine crayfish to determine if the
species is in danger of extinction now
or likely to become so in the foreseeable
future in any significant portion of its
range. Although threats are similar
throughout the range of the species, the
species’ response is more pronounced in
the Piney Creek AU. Due to lower
current resiliency, threats are having a
greater impact in the Piney Creek AU
than elsewhere in the range. The Piney
Creek AU exhibits low current
resiliency driven primarily by a low
extent of occupancy (few sites known
within the stream) and lack of
information regarding reproduction in
the species. Given the species’ condition
within the Piney Creek AU, we have
identified the unit as an area that may
be in danger of extinction due to the low
extent of occupancy and low
reproduction/recruitment.
We then proceeded to the significance
question, asking whether this portion of
the range is significant. Although the
Piney Creek AU contributes to the
overall species-level representation and
redundancy, it does not contain any
high-quality or high-value habitat or any
habitat or resources unique to that area
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and necessary to the pristine crayfish’s
life history. In addition, only 1 of the 27
known streams with species occurrence
is located in the Piney Creek AU. So this
area does not contribute substantively to
the species’ viability. This portion does
not make up a large geographic area of
the range or contain a high proportion
of the species’ habitat or populations.
Accordingly, we do not find this portion
to be a significant portion of its range.
Therefore, we find the pristine crayfish
is not currently in danger of extinction
in a significant portion of its range.
We next considered whether the
pristine crayfish may be likely to
become an endangered species within
the foreseeable future in a significant
portion of its range. As discussed above,
we determined 30 years to be the
foreseeable future for which we can
reasonably predict the threats to the
pristine crayfish and the species’
response to those threats.
Habitat destruction or modification
and climate change are the primary
factors currently acting on or expected
to act on the species in the future at a
rangewide scale. The species currently
exhibits moderate resiliency in seven of
eight AUs and moderate species’ level
representation and redundancy.
Although threats are projected to impact
the species similarly across the range,
the species’ response is more
pronounced in some AUs due to lower
resiliency where threats are having a
greater impact than elsewhere in the
range. One AU (Caney Fork River–Clifty
Creek) is projected to remain in
moderate resiliency in all but the
increased impact scenario in 2051. The
remaining seven AUs are projected to
exhibit low or very low resiliency under
scenarios 2 and 3 in 2036 and 2051. We
considered whether the seven AUs that
are projected to exhibit low or very low
resiliency in future scenarios may be a
portion of the range that could become
in danger of extinction within the
foreseeable future. Although the future
condition analyses projects overall
declines in AU resiliency, stream
catchments with species’ occurrences
are projected to remain in good
condition within each AU. Within the
high-condition catchments, we expect
that habitat conditions will support
sufficient pristine crayfish abundance
and reproduction. Although projections
indicate low or very low future
resiliency in seven AUs, the remaining
stream catchments in high condition
indicate that the pristine crayfish in
these AUs will remain on the landscape
with sufficient viability. In addition,
although some declines in
representation and redundancy are
projected in the future, we expect that
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the pristine crayfish will have sufficient
adaptive capacity and ability to
withstand catastrophic change in the
foreseeable future. Accordingly, we
determined that the pristine crayfish is
not likely to become an endangered
species within a significant portion of
its range.
We found no portion of the pristine
crayfish’s range where the biological
condition of the species differs from its
condition elsewhere in its range such
that the status of the species in that
portion warrants listing under the Act.
Therefore, we find that the species is
not in danger of extinction now or likely
to become so in the foreseeable future in
any significant portion of its range.
After assessing the best available
information, we concluded that the
pristine crayfish is not in danger of
extinction or likely to become in danger
of extinction throughout all of its range
or in any significant portion of its range.
Therefore, we find that listing the
pristine crayfish as an endangered
species or threatened species under the
Act is not warranted. A detailed
discussion of the basis for this finding
can be found in the pristine crayfish
species assessment form and other
supporting documents at https://
www.regulations.gov under Docket No.
FWS–R4–ES–2023–0115.
Peer Review
In accordance with our July 1, 1994,
peer review policy (59 FR 34270; July 1,
1994) and the Service’s August 22, 2016,
Director’s Memo on the Peer Review
Process, we solicited independent
scientific reviews of the information
contained in the pristine crayfish SSA
report. The Service sent the SSA report
to four independent peer reviewers and
received one response. Results of this
structured peer review process can be
found at https://www.regulations.gov
under Docket No. FWS–R4–ES–2023–
0115. We incorporated the results of
these reviews, as appropriate, into the
SSA report, which is the foundation for
this finding.
Tennessee Heelsplitter
Previous Federal Actions
On April 20, 2010, we received a
petition from the Center for Biological
Diversity, Alabama Rivers Alliance,
Clinch Coalition, Dogwood Alliance,
Gulf Restoration Network, Tennessee
Forests Council, and West Virginia
Highlands to list 404 aquatic, riparian,
and wetland species, including
Tennessee heelsplitter (Lasmigona
holstonia), as endangered or threatened
species under the Act. On September
27, 2011, we published a 90-day finding
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(76 FR 59836) that the petition
contained substantial information
indicating that listing may be warranted
for the species. This document
constitutes our 12-month finding on the
April 20, 2010, petition to list the
Tennessee heelsplitter under the Act.
Summary of Finding
The Tennessee heelsplitter is a small
freshwater mussel usually less than 50
millimeters (2 inches) long. The species
is a freshwater mussel native to the
New, Cumberland, and Tennessee River
basins in Virginia, Tennessee, Georgia,
Alabama, and historically North
Carolina. The Tennessee heelsplitter
predominantly inhabits spring-fed
creeks and small headwater streams
with stable substrates and good water
quality. The species needs water with
low to moderate flow, appropriate
temperatures for life-history functions,
and presence of fish hosts for successful
reproduction.
Resources influencing the successful
completion of each life stage for
Tennessee heelsplitter individuals
include abundant host fish, stable
substrate, proximity to breeding
individuals, small or headwater streams,
water with neutral pH and little to no
contaminants, spring-fed streams with
low to moderate water flow, and a water
temperature range that allows for lifehistory functions (Service 2016a, p. 12).
Successful completion of each life stage
affects the ability of populations to
withstand stochastic events (resiliency)
and the species’ ability to withstand
catastrophic events (redundancy) as
well as adapt to changing environmental
conditions by way of genetic exchange
or respond to environmental diversity
between occupied streams
(representation).
The population- and species-level
resource needs of the Tennessee
heelsplitter include sufficient juvenile
and breeding adult abundances with
broad distributions, suitable and
abundant host fish, and habitat
connectivity. Resiliency of Tennessee
heelsplitter populations (which we
defined as occupied stream reaches
within analysis units (AUs)), as well as
representation and redundancy of the
species, are influenced by access to
necessary resources.
We have carefully assessed the best
scientific and commercial information
available regarding the past, present,
and future threats to the Tennessee
heelsplitter, and we evaluated all
relevant factors under the five listing
factors, including any regulatory
mechanisms and conservation measures
addressing these threats. The threats
affecting the Tennessee heelsplitter’s
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biological status include siltation and
sedimentation, pollution and toxic
spills, drought and floods, aquatic
nuisance species, and impoundments.
These threats appear to have mostly
localized extent and moderate impact.
The current risk of extinction is low.
Further, the Tennessee heelsplitter’s
current distribution has not
substantially changed from its known
historical distribution. Sixty percent of
AUs are categorized as ‘‘high’’ or ‘‘most’’
habitat suitability and these AUs are
distributed throughout each river basin.
Redundancy is high, as our analysis
indicates that suitable habitat exists
throughout the range of the Tennessee
heelsplitter. Representation is
maintained across the range of historical
and current occurrence in the
Cumberland, New, and Tennessee River
basins. Additionally, available
information indicates the species’
adaptive capacity will ensure survival
despite predicted climate impacts,
particularly because of the strong
association with spring-fed streams that
can act as cold-water and drought
refugia in the face of climate change.
Therefore, after assessing the best
available information, we conclude that
the Tennessee heelsplitter is not in
danger of extinction throughout all of its
range.
Based on projected habitat suitability
for the two future scenarios, future
resiliency for the Tennessee heelsplitter
is expected to decrease slightly, but
overall there will be 77 percent to 91
percent of suitable habitat available to
the species, depending on the modeled
scenario. Multiple AUs maintain
resiliency, or levels of suitable habitat,
in future-condition projections across
the range and are likely to help buffer
changes in environmental conditions
through 2040 and 2060. Further, the
concentration of AUs with high
resiliency in the southwestern Virginia
and northeastern Tennessee strongholds
are projected to remain intact.
Connectivity of these high resiliency
AUs within the upper Tennessee
representation unit (RU) bolster the
likelihood of persistence into the future.
In the future, stochastic events
associated with threats to the species
will likely affect population resilience
in parts of the range, and these are more
likely to occur or be observed in
developed areas. However, our future
condition projections indicate
Tennessee heelsplitter resiliency is
sufficient to withstand disturbance and
environmental stochasticity, due to
prevalent suitable habitat and lifehistory traits that reduce risk currently
and into the future. The Tennessee
heelsplitter has several life-history traits
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that allow it to adapt to changing
conditions, such as the capability to
transform on a wide variety of common
host fish species, occurring in varying
stream sizes, as well as tolerance of silty
and sandy substrates and depositional
areas with low flows. Spring-fed streams
where the Tennessee heelsplitter is most
frequently located are ubiquitous
throughout the species’ range and have
year-round groundwater contributions
with continuous flow and
comparatively stable temperature
regimes. These characteristics are
expected to bolster Tennessee
heelsplitter resilience in most AUs
throughout the range into the future and
withstand projected climate effects.
After assessing the best available
information, we conclude that the
Tennessee heelsplitter is not likely to
become an endangered species within
the foreseeable future throughout all of
its range.
We also evaluated the range of the
Tennessee heelsplitter to determine if
the species is in danger of extinction
now or likely to become so in the
foreseeable future in any significant
portion of its range. We identified the
three RUs—Cumberland, New, and
Tennessee drainages—for evaluation. As
described above, the threats are present
across all AUs within the range, but
some are localized in effect, though
most threats have a low to moderate
level of impact on the species. The New
and Cumberland RUs currently have
large percentages (100 percent and 75
percent, respectively) of suitable habitat,
thus these areas have high estimated
current resiliency. Our future conditions
analysis indicates that none of the AUs
in the New RU, and only one of the AUs
in the Cumberland RU, is projected to
no longer have suitable habitat to
support the species. As such, the
amount and distribution of suitable
habitat in high resiliency AUs are
projected to be maintained 40 years in
the future in both the New and
Cumberland RUs, and we determined
that the Tennessee heelsplitter is not in
danger of extinction now or likely to
become so in the foreseeable future in
the New or Cumberland RU.
The Tennessee RU comprises 132
AUs with varying levels of suitable
habitat; 57 percent of the AUs have a
current condition level of high or most
resilience, and 43 percent are in a
condition of moderate resilience. Our
future conditions analysis indicates that
4 to 14 percent of the AUs in the
Tennessee RU could lose habitat
suitability within the next 40 years.
Despite this potential loss of habitat
suitability, between 86 and 96 percent
of the AUs are projected to maintain
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suitable habitat, with widespread
distribution throughout the Tennessee
RU portion of the range. The Tennessee
heelsplitter is expected to have
sufficient resiliency in this RU for many
decades. Thus, we found that the
Tennessee heelsplitter is not in danger
of extinction now or likely to become so
in the foreseeable future in the
Tennessee RU.
After assessing the best available
information, we concluded that
Tennessee heelsplitter is not in danger
of extinction or likely to become in
danger of extinction throughout all of its
range or in any significant portion of its
range. Therefore, we find that listing the
Tennessee heelsplitter as an endangered
species or threatened species under the
Act is not warranted. A detailed
discussion of the basis for this finding
can be found in the Tennessee
heelsplitter species assessment form and
other supporting documents at https://
www.regulations.gov under Docket No.
FWS–R4–ES–2023–0116.
Peer Review
In accordance with our July 1, 1994,
peer review policy (59 FR 34270; July 1,
1994) and the Service’s August 22, 2016,
Director’s Memo on the Peer Review
Process we solicited independent
scientific reviews of the information
contained in the Tennessee heelsplitter
SSA report. The Service sent the SSA
report to five independent peer
reviewers and received two responses.
Results of this structured peer review
process can be found at https://
www.regulations.gov under Docket No.
FWS–R4–ES–2023–0116. We
incorporated the results of these
reviews, as appropriate, into the SSA
report, which is the foundation for this
finding.
New Information
We request that you submit any new
information concerning the taxonomy,
biology, ecology, or status of, or
stressors to, the Alexander Archipelago
wolf, Chihuahua catfish, Cooper’s cave
amphipod, Georgia blind salamander,
minute cave amphipod, Morrison’s cave
amphipod, narrow-foot hygrotus diving
beetle, pristine crayfish, or Tennessee
heelsplitter to the appropriate person, as
specified under FOR FURTHER
INFORMATION CONTACT, whenever it
becomes available. New information
will help us monitor these species and
make appropriate decisions about their
conservation and status. We encourage
local agencies and stakeholders to
continue cooperative monitoring and
conservation efforts.
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References Cited
A list of the references cited in each
petition finding is available in the
relevant species assessment form, which
is available on the internet at https://
www.regulations.gov in the appropriate
docket (see ADDRESSES, above) and upon
request from the appropriate person (see
FOR FURTHER INFORMATION CONTACT,
above).
Authors
The primary authors of this document
are the staff members of the Species
Assessment Team, Ecological Services
Program.
Authority
The authority for this action is section
4 of the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et
seq.).
Wendi Weber,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2023–18260 Filed 8–22–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[RTID 0648–XC971]
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery
Management Plan; Amendment 31
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of
proposed fishery management plan
amendment; request for comments.
AGENCY:
NMFS announces that the
Pacific Fishery Management Council
has submitted Amendment 31 to the
Pacific Coast Groundfish Fishery
Management Plan to the Secretary of
Commerce for review. If approved,
Amendment 31 would define stocks that
are in need of conservation and
management, consistent with the
provisions and guidelines of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Amendment 31 would define stocks for
14 species within the fishery
management unit. These species were
prioritized because they had stock
assessments in 2021 or will have
assessments in 2023. Amendment 31 is
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SUMMARY:
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necessary for NMFS to make stock
status determinations, which in turn
will help prevent overfishing, rebuild
overfished stocks, and achieve optimum
yield. Amendment 31 is administrative
in nature and does not change harvest
levels or timing and location of fishing,
nor does it revise the goals and
objectives or the management
frameworks of the Pacific Coast
Groundfish Fishery Management Plan.
DATES: Comments on Amendment 31
must be received no later than October
22, 2023.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2023–0066, by the following
method:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2023–0066 in the Search
box. Click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: Comments must be
submitted by the above method to
ensure that the comments are received,
documented, and considered by NMFS.
Comments sent by any other method, to
any other address or individual, or
received after the end of the comment
period, may not be considered. All
comments received are a part of the
public record and NMFS will post for
public viewing on https://
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender is publicly
accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Electronic Access
This rule is accessible via the internet
at the Office of the Federal Register
website at https://
www.federalregister.gov. Background
information and documents including
an analysis for this action (Analysis),
which addresses the statutory
requirements of the Magnuson Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) are
available from the Pacific Fishery
Management Council’s website at
https://www.pcouncil.org.
FOR FURTHER INFORMATION CONTACT:
Gretchen Hanshew, Fishery
Management Specialist, at 206–526–
6147 or gretchen.hanshew@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fisheries in the
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
exclusive economic zone (EEZ) seaward
of Washington, Oregon, and California
under the Pacific Coast Groundfish
fishery management plan (PCGFMP).
The Council prepared and NMFS
implemented the PCGFMP under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), 16 U.S.C.
1801 et seq. and by regulations at 50
CFR parts 600 and 660. The MagnusonStevens Act requires that each regional
fishery management council submit any
fishery management plan (FMP) or plan
amendment it prepares to NMFS for
review and approval, disapproval, or
partial approval by the Secretary of
Commerce. The Magnuson-Stevens Act
also requires that NMFS, upon receiving
an FMP or amendment, immediately
publish a notification that the FMP or
amendment is available for public
review and comment. This notice of
availability announces that the
proposed Amendment 31 to the FMP is
available for public review and
comment. NMFS will consider the
public comments received during the
comment period described above in
determining whether to approve,
partially approve, or disapprove
Amendment 31 to the FMP.
Background
Amendment 31 would define stocks
that are in need of conservation and
management. Amendment 31 would
define stocks for 14 species within the
fishery management unit (FMU; the
jurisdiction of the FMP from 3–200
nautical miles offshore between the U.S.
border with Canada and the U.S. border
with Mexico, which may also be
referred to as ‘‘coastwide’’).
At its June 20–27, 2023 meeting in
Vancouver, Washington, the Council
recommended stock definitions for 14
species of Pacific Coast groundfish after
NMFS was unable to make stock status
determinations in 2021. NMFS was
unable to make stock status
determinations because the ‘‘stocks’’ for
which the Council was expecting status
determinations did not exist in the FMP.
Currently, the FMP has a list of 80+
species to which it pertains, and does
not describe whether each species is a
single stock within the fishery
management unit or if it is multiple
(e.g., regional) stocks.
NMFS requested that the Council
undertake Amendment 31 to define
stocks at its March 8–14, 2022 meeting
in San Jose, California. NMFS advised
the Council that it should define the
stocks for which stock status
determinations were changing in 2021
and 2023, and to add those definitions
to the FMP. In particular, NMFS was
E:\FR\FM\23AUP1.SGM
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Agencies
[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Proposed Rules]
[Pages 57388-57400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18260]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES1111090FEDR 234]
Endangered and Threatened Wildlife and Plants; Nine Species Not
Warranted for Listing as Endangered or Threatened Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of findings.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce
findings that nine species are not warranted for listing as endangered
or threatened species under the Endangered Species Act of 1973, as
amended (Act). After a thorough review of the best available scientific
and commercial information, we find that it is not warranted at this
time to list the Alexander Archipelago wolf (Canis lupus ligoni),
Chihuahua catfish (Ictalurus sp. 1), Cooper's cave amphipod
(Stygobromus cooperi), Georgia blind salamander (Eurycea wallacei),
minute cave amphipod (Stygobromus parvus), Morrison's cave amphipod
(Stygobromus morrisoni), narrow-foot hygrotus diving beetle (Hygrotus
diversipes), pristine crayfish (Cambarus pristinus), and Tennessee
heelsplitter (Lasmigona holstonia). However, we ask the public to
submit to us at any time any new information relevant to the status of
any of the species mentioned above or their habitats.
DATES: The findings in this document were made on August 23, 2023.
ADDRESSES: Detailed descriptions of the bases for these findings are
available on the internet at https://www.regulations.gov under the
following docket numbers:
------------------------------------------------------------------------
Species Docket No.
------------------------------------------------------------------------
Alexander Archipelago wolf... FWS-R7-ES-2023-0109
Chihuahua catfish............ FWS-R2-ES-2023-0110
Cooper's cave amphipod....... FWS-R5-ES-2023-0120
Georgia blind salamander..... FWS-R4-ES-2023-0117
Minute cave amphipod......... FWS-R5-ES-2023-0121
Morrison's cave amphipod..... FWS-R5-ES-2023-0122
Narrow-foot hygrotus diving FWS-R6-ES-2023-0111
beetle.
Pristine crayfish............ FWS-R4-ES-2023-0115
Tennessee heelsplitter....... FWS-R4-ES-2023-0116
------------------------------------------------------------------------
Those descriptions are also available by contacting the appropriate
person as specified under FOR FURTHER INFORMATION CONTACT. Please
submit any new information, materials, comments, or questions
concerning this finding to the appropriate person, as specified under
FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
------------------------------------------------------------------------
Species Contact information
------------------------------------------------------------------------
Alexander Archipelago wolf.... Stewart Cogswell, Field Supervisor,
Anchorage Field Office,
[email protected], 907-271-2888.
Chihuahua catfish............. Michael Warriner, Supervisory Fish and
Wildlife Biologist, Austin Ecological
Services Field Office,
[email protected], 512-490-0057.
Cooper's cave amphipod, minute Jennifer Norris, Field Supervisor, West
cave amphipod, Morrison's Virginia Field Office,
cave amphipod. [email protected], 304-704-
0655.
Georgia blind salamander...... Peter Maholland, Field Supervisor,
Georgia Ecological Services Field
Office, [email protected], 706-
208-7512.
Narrow-foot hygrotus diving Tyler Abbott, Field Supervisor, Wyoming
beetle. Field Office, [email protected], 307-
757-3707.
Pristine crayfish............. Dan Elbert, Field Supervisor, Tennessee
Field Office, [email protected],
571-461-8964.
Tennessee heelsplitter........ Janet Mizzi, Field Supervisor, Asheville
Ecological Services Field Office,
[email protected], 828-258-
3939x42223.
------------------------------------------------------------------------
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make
[[Page 57389]]
international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
Under section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), we
are required to make a finding on whether or not a petitioned action is
warranted within 12 months after receiving any petition that we have
determined contains substantial scientific or commercial information
indicating that the petitioned action may be warranted (hereafter a
``12-month finding''). We must make a finding that the petitioned
action is: (1) Not warranted; (2) warranted; or (3) warranted but
precluded by other listing activity. We must publish a notification of
these 12-month findings in the Federal Register.
Summary of Information Pertaining to the Five Factors
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations at part 424 of title 50 of the Code of Federal Regulations
(50 CFR part 424) set forth procedures for adding species to, removing
species from, or reclassifying species on the Lists of Endangered and
Threatened Wildlife and Plants (Lists). The Act defines ``species'' as
including any subspecies of fish or wildlife or plants, and any
distinct population segment of any species of vertebrate fish or
wildlife which interbreeds when mature (16 U.S.C. 1532(16)). The Act
defines ``endangered species'' as any species that is in danger of
extinction throughout all or a significant portion of its range (16
U.S.C. 1532(6)), and ``threatened species'' as any species that is
likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range (16 U.S.C.
1532(20)). Under section 4(a)(1) of the Act, a species may be
determined to be an endangered species or a threatened species because
of any of the following 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.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself. However, the mere
identification of any threat(s) does not necessarily mean that the
species meets the statutory definition of an ``endangered species'' or
a ``threatened species.'' In determining whether a species meets either
definition, we must evaluate all identified threats by considering the
expected response by the species, and the effects of the threats--in
light of those actions and conditions that will ameliorate the
threats--on an individual, population, and species level. We evaluate
each threat and its expected effects on the species, then analyze the
cumulative effect of all of the threats on the species as a whole. We
also consider the cumulative effect of the threats in light of those
actions and conditions that will have positive effects on the species,
such as any existing regulatory mechanisms or conservation efforts. The
Secretary determines whether the species meets the Act's definition of
an ``endangered species'' or a ``threatened species'' only after
conducting this cumulative analysis and describing the expected effect
on the species now and in the foreseeable future.
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations at 50 CFR 424.11(d) set forth a framework for
evaluating the foreseeable future on a case-by-case basis. The term
``foreseeable future'' extends only so far into the future as we can
reasonably determine that both the future threats and the species'
responses to those threats are likely. In other words, the foreseeable
future is the period of time in which we can make reliable predictions.
``Reliable'' does not mean ``certain''; it means sufficient to provide
a reasonable degree of confidence in the prediction. Thus, a prediction
is reliable if it is reasonable to depend on it when making decisions.
It is not always possible or necessary to define foreseeable future
as a particular number of years. Analysis of the foreseeable future
uses the best scientific and commercial data available and should
consider the timeframes applicable to the relevant threats and to the
species' responses to those threats in view of its life-history
characteristics. Data that are typically relevant to assessing the
species' biological response include species-specific factors such as
lifespan, reproductive rates or productivity, certain behaviors, and
other demographic factors.
In conducting our evaluation of the five factors provided in
section 4(a)(1) of the Act to determine whether the Alexander
Archipelago wolf, Cooper's cave amphipod, Georgia blind salamander,
minute cave amphipod, Morrison's cave amphipod, narrow-foot hygrotus
diving beetle, pristine crayfish, and Tennessee heelsplitter meet the
Act's definition of ``endangered species'' or ``threatened species,''
we considered and thoroughly evaluated the best scientific and
commercial information available regarding the past, present, and
future stressors and threats. In conducting our evaluation of the
Chihuahua catfish, we determined that it does not meet the definition
of a ``species'' under the Act, and, as a result, we conclude that it
is not a listable entity. We reviewed the petitions, information
available in our files, and other available published and unpublished
information for all these species. Our evaluation may include
information from recognized experts; Federal, State, and Tribal
governments; academic institutions; foreign governments; private
entities; and other members of the public.
In accordance with the regulations at 50 CFR 424.14(h)(2)(i), this
document announces the not-warranted findings on petitions to list nine
species. We have also elected to include brief summaries of the
analyses on which these findings are based. We provide the full
analyses, including the reasons and data on which the findings are
based, in the decisional file for each of the nine actions included in
this document. The following is a description of the documents
containing these analyses:
The species assessment forms for Alexander Archipelago wolf,
Cooper's cave amphipod, Georgia blind salamander, minute cave amphipod,
Morrison's cave amphipod, narrow-foot hygrotus diving beetle, pristine
crayfish, and Tennessee heelsplitter contain more detailed biological
information, a thorough analysis of the listing factors, a list of
literature cited, and an explanation of why we determined that
[[Page 57390]]
each species does not meet the Act's definition of an ``endangered
species'' or a ``threatened species.'' To inform our status reviews, we
completed species status assessment (SSA) reports for the Alexander
Archipelago wolf, Cooper's cave amphipod, Georgia blind salamander,
minute cave amphipod, Morrison's cave amphipod, narrow-foot hygrotus
diving beetle, pristine crayfish, and Tennessee heelsplitter. Each SSA
report contains a thorough review of the taxonomy, life history,
ecology, current status, and projected future status for each species.
The species assessment form for the Chihuahua catfish contains more
detailed taxonomic information, a list of literature cited, and an
explanation of why we determined that the species does not meet the
Act's definition of a ``species.'' This supporting information can be
found on the internet at https://www.regulations.gov under the
appropriate docket number (see ADDRESSES, above).
Alexander Archipelago Wolf
Previous Federal Actions
On July 15, 2020, we received a petition from the Center for
Biological Diversity, Alaska Rainforest Defenders, and Defenders of
Wildlife, requesting that the Alexander Archipelago wolf subspecies in
Southeast Alaska be listed as a threatened species or an endangered
species and critical habitat be designated for this species under the
Act. The petitioners requested that we recognize Alexander Archipelago
wolves in Southeast Alaska as a distinct population segment (DPS), and
evaluate this DPS for listing as threatened or endangered. The
petitioners also requested that we evaluate the Alexander Archipelago
wolf subspecies for listing where Southeast Alaska constitutes a
significant portion of the range. On July 27, 2021, we published a 90-
day finding (86 FR 40186) that the petition contained substantial
information indicating that listing may be warranted for the species.
This document constitutes our 12-month finding on the July 15, 2020,
petition to list the Alexander Archipelago wolf under the Act.
We evaluated the Southeast Alaska population of AA wolf under our
1996 DPS policy (61 FR 4722) and found that it met both the
discreteness and significance criteria. The population is discrete
based on the international governmental boundary between the United
States (Alaska) and Canada (British Columbia) within which significant
differences in control of exploitation, management of habitat, and
regulatory mechanisms exist. The population meets the significance
criteria because the loss of the Alexander Archipelago wolves in
Southeast Alaska would result in a significant gap in the range of the
taxon because an extensive area would be without Alexander Archipelago
wolves if the Southeast Alaska population were lost. For a more
detailed discussion of our DPS analysis, please see the species
assessment form.
Given the best available information related to the DPS Policy's
discreteness and significance criteria, we determined that the
Southeast Alaska segment of the Alexander Archipelago wolf population
meets the DPS Policy criteria for both the discreteness criteria and
the significance criteria. Thus, in addition to our listing evaluation
and finding on the Alexander Archipelago wolf range-wide, we also
evaluated the Southeast Alaska DPS, as requested by the petition.
Summary of Finding for the Alexander Archipelago Wolf
The Alexander Archipelago wolf is a subspecies of gray wolf that
occurs along the coastal mainland and islands of Southeast Alaska and
British Columbia. Based on the best available information, the current
distribution of the species is similar to its historical distribution.
There are gaps in our understanding of the life history of the
Alexander Archipelago wolf; thus, when appropriate, we have applied
information from gray wolves and other gray wolf subspecies. Alexander
Archipelago wolves breed between 22 to 34 months of age, and litters
range from 1 to 8 pups. Denning typically occurs from mid-April through
early July; throughout the rest of the year Alexander Archipelago
wolves are traveling, hunting, or dispersing. Alexander Archipelago
wolves are capable of dispersing long distances, both on land and
water, although there are many examples of these wolves avoiding water
crossings. Pack sizes typically range between 2 and 12 wolves, although
much larger groups have been observed. Alexander Archipelago wolves are
opportunistic predators that eat a variety of prey species, yet, like
gray wolves, ungulates compose most of their diet. Across the range of
the species, Sitka black-tailed deer (Odocoileus hemionus sitkensis)
and moose (Alces americanus) make up 75 percent of the wolf's diet.
Alexander Archipelago wolves are habitat generalists, typically
utilizing whatever habitat their preferred prey use and avoiding areas
of intense human activity. Old-growth forests, which Alexander
Archipelago wolves select for, make up a majority of home range areas,
and areas near freshwater are also selected by wolves during denning.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Alexander Archipelago wolf, and we evaluated all relevant
factors under the five listing factors, including any regulatory
mechanisms and conservation measures addressing these threats. The
primary threats affecting the Alexander Archipelago wolf's biological
status include timber harvest and associated road development, harvest
of wolves, and genetic inbreeding. Although disease and climate change
may not be currently impacting the species, the best available
information indicates that these factors could have impacts on the
species' viability in the future.
After evaluating threats to the species and assessing the
cumulative effect of the threats under the section 4(a)(1) factors, we
assessed the current status of the Alexander Archipelago wolf to
determine if it meets the definition of an endangered species or
threatened species. Our assessment of Alexander Archipelago wolf
current viability included the primary threats of timber harvest and
associated road development, harvest of wolves, and genetic inbreeding.
To evaluate overall current population resiliency of the Alexander
Archipelago wolf, we ranked each population into a current condition
category (i.e., high, moderately-high, moderate, moderately-low, low,
or functionally extirpated) based on estimates of population growth,
and the species' needs which include dietary diversity, area of old-
growth forest available, and remoteness (i.e., space from human
activity; Table 3 of the SSA Report). Despite past and ongoing threats,
Alexander Archipelago wolf currently occupies five analysis units that
span its historical range, three of which exhibit high resiliency
(Northern and Southern Coastal British Columbia and Northern Southeast
Alaska), one with moderately high resiliency (Southern Southeast
Alaska), and one with moderately low resiliency (Prince of Wales Island
Complex). Currently, Alexander Archipelago wolves appear to have high
adaptive capacity, and we expect most populations to be able to adapt
to near-term changes in their physical and biological environments. The
exception to this is the Prince of Wales Island Complex analysis unit.
Within the Prince of Wales Island Complex analysis unit, high
levels of inbreeding have been documented, and
[[Page 57391]]
ungulate prey is limited compared to the rest of the range. These
characteristics limit the adaptive capacity of wolves within this
analysis unit. Nonetheless, based on the best available information,
the Prince of Wales Island Complex analysis unit demonstrates stable
population trends. Overall, the Alexander Archipelago wolf is widely
distributed across its current and historical range indicating that it
has high redundancy (ability to withstand catastrophic events) and
overall high representation (adaptive capacity), contributing to its
overall viability. Thus, after assessing the best available
information, we conclude that the Alexander Archipelago wolf is not in
danger of extinction throughout all of its range.
To assess future viability of the Alexander Archipelago wolf, we
considered the foreseeable future out approximately 30 years (to 2050)
and projected the influence of three future scenarios that included
disease and climate change and the other primary threats included in
the assessment of current viability. The Alexander Archipelago wolf is
projected to retain high to moderate levels of resiliency within four
of the five analysis units, and no significant loss in distribution is
predicted across its range. The exception is the Prince of Wales Island
Complex analysis unit, which is projected to decline in resiliency
under most scenarios, and under one scenario, projections indicate
possible extirpation. However, the Prince of Wales Island Complex
analysis unit represents a relatively small area (approximately 4.5
percent; Service 2023, p. 110) compared to the overall geographic range
of the species, and a relatively small proportion of the rangewide
population estimate (17 percent; Service 2023, pp. 90-91). Thus, after
assessing the best available information, we conclude that the
Alexander Archipelago wolf is not likely to become endangered within
the foreseeable future throughout all of its range.
We evaluated the range of the Alexander Archipelago wolf to
determine if the species is in danger of extinction now or likely to
become so in the foreseeable future in any portion of its range. The
Prince of Wales Island Complex analysis unit has moderately low
resiliency now and ranges from moderate resiliency to functionally
extirpated into the future. We found that this analysis unit may have a
different status compared to the rest of the range. Within the Prince
of Wales Island Complex analysis unit, high levels of old-growth timber
harvest, road development, and inbreeding have been documented, and
wolf harvest rates (reported and unreported) may also exceed
sustainable levels in some years (Service 2023, p. 62). Additionally,
ungulate prey is limited to just one species, the Sitka black-tailed
deer, limiting adaptive capacity for wolves in this analysis unit.
Although other analysis units may also face one or two threats from
timber harvest, road development, inbreeding, wolf harvest, or prey
availability, the Prince of Wales Island Complex is the only analysis
unit that experiences all of these threats.
However, we did not find that the Prince of Wales Island Complex
analysis unit represents a significant portion of the range for the
Alexander Archipelago wolf. The Prince of Wales Island Complex analysis
unit represents approximately 4.5 percent of the overall geographic
range of the species (Service 2023, p. 110). Additionally, the Prince
of Wales Island Complex analysis unit does not have high-quality
habitat relative to the rest of the range. Contiguous patches of old-
growth forest (at least 75 square kilometers) have been identified as
the preferred habitat for this species and are considered high-quality
habitat. The Prince of Wales Island Complex analysis unit contains 10.9
percent of the total preferred old-growth habitat that is available to
the species rangewide (Service 2023, p. 110). Lastly, the habitat
within the Prince of Wales Island Complex analysis unit is not
considered unique for any specific life-history functions (e.g.,
availability of denning habitat or ungulate prey); the species'
preferred denning habitat is found in all other analysis units, and
ungulate prey diversity is greater in the other analysis units. Thus,
we do not consider the Prince of Wales Island Complex analysis unit to
represent a large geographic area relative to the range of the species
as a whole, to have higher quality habitat relative to the remaining
portions of the range, or to represent uniquely valuable habitat for
the species. We do not find that the Prince of Wales Island Complex
analysis unit is significant. Therefore, the Prince of Wales Island
Complex analysis unit does not represent a significant portion of its
range, and we find that the Alexander Archipelago wolf is not in danger
of extinction now or likely to become so in the foreseeable future in
any significant portion of its range.
After assessing the best available information, we conclude that
the Alexander Archipelago wolf is not in danger of extinction or likely
to become in danger of extinction throughout all of its range or in any
significant portion of its range. Therefore, we find that listing the
Alexander Archipelago wolf as an endangered species or threatened
species under the Act is not warranted.
Summary of Finding for the Southeast Alaska Alexander Archipelago Wolf
DPS
The Southeast Alaska Alexander Archipelago wolf DPS occurs along
the coastal mainland and islands of Southeast Alaska. Based on the best
available information, the current distribution of the species is
similar to its historical distribution.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Southeast Alaska Alexander Archipelago wolf DPS, and we
evaluated all relevant factors under the five listing factors,
including any regulatory mechanisms and conservation measures
addressing these threats. The primary threats affecting the Southeast
Alaska Alexander Archipelago wolf DPS's biological status include
timber harvest and associated road development, harvest of wolves, and
genetic inbreeding. Although disease and climate change may not be
currently impacting the species, the best available information
indicates that these factors could have impacts on the species'
viability in the future.
Our assessment of the current viability of the Southeast Alaska
Alexander Archipelago wolf DPS included the primary threats of timber
harvest and associated road development, harvest of wolves, and genetic
inbreeding. Currently, one analysis unit exhibits high resiliency
(Northern Southeast), one analysis unit exhibits moderately high
resiliency (Southern Southeast), and one analysis unit exhibits
moderately low resiliency (Prince of Wales Island Complex). Alexander
Archipelago wolves in the Northern Southeast Alaska analysis unit and
the Southern Southeast Alaska analysis unit appear to have high
adaptive capacity, and we expect wolves in these analysis units to be
able to adapt to near-term changes in their physical and biological
environments. Even though the Southern Southeast Alaska analysis unit
exhibits signs of recent and historical inbreeding, there is no
evidence of a reduction in fitness related to inbreeding. Additionally,
the Southern Southeast Alaska analysis unit has a greater potential for
connectivity and therefore, gene flow, with other analysis units on the
mainland, and it has a greater diversity of ungulate prey. Within the
Prince of Wales Island Complex analysis unit, high levels of
[[Page 57392]]
inbreeding have been documented and ungulate prey is limited compared
to the rest of the range of the DPS. These characteristics limit the
current adaptive capacity of wolves within the Prince of Wales Island
Complex analysis unit. However, even with this additional stress, the
population estimates for Prince of Wales Island Complex analysis unit
indicate it is currently stable. Within the Southeast Alaska Alexander
Archipelago wolf DPS, the species is distributed across its current and
historical range, indicating that it has high redundancy (ability to
withstand catastrophic events) and high representation (adaptive
capacity), contributing to its overall viability. Thus, after assessing
the best available information, we conclude that the Southeast Alaska
Alexander Archipelago wolf DPS is not in danger of extinction
throughout its range.
To assess future viability of the Southeast Alaska Alexander
Archipelago wolf DPS, we considered the foreseeable future out
approximately 30 years (to 2050) and projected the influence of three
future scenarios that included disease and climate change, and the
other primary threats included in the assessment of current viability.
The Southeast Alaska Alexander Archipelago wolf DPS is projected to
have high to moderate resiliency within the Northern Southeast Alaska
analysis unit, moderately high resiliency in the Southern Southeast
Alaska analysis unit, and moderate resiliency to a functionally
extirpated status within the Prince of Wales Island Complex analysis
unit. However, the Prince of Wales Island Complex analysis unit
represents a relatively small percentage of the total geographic area
of the Southeast Alaska Alexander Archipelago wolf DPS (approximately
13.2 percent) and approximately 30 percent of the overall Southeast
Alexander Archipelago wolf DPS population. Thus, after assessing the
best available information, we conclude that the Southeast Alaska
Alexander Archipelago wolf DPS is not likely to become endangered
within the foreseeable future throughout all of its range.
We then evaluated the range of the Southeast Alaska Alexander
Archipelago wolf DPS to determine if the species is in danger of
extinction now or likely to become so in the foreseeable future in any
significant portion of its range. We looked at the entire range of the
Southeast Alaska Alexander Archipelago wolf DPS and found that the
Prince of Wales Island Complex analysis unit has moderately low
resiliency now and ranges from moderately resilient to functionally
extirpated into the future. We found that the Prince of Wales Island
Complex may have a different status compared to the rest of the DPS
range. Within the Prince of Wales Island Complex analysis unit, high
levels of old-growth timber harvest, road development, and inbreeding
have been documented, and wolf harvest rates (reported and unreported)
may exceed sustainable levels in some years (Service 2023, p. 62).
Additionally, ungulate prey is limited to just one species, Sitka
black-tailed deer, limiting adaptive capacity for wolves in this
analysis unit. Although the other analysis units may also face one or
two threats from either timber harvest, road development, inbreeding,
wolf harvest, or prey availability, the Prince of Wales Island Complex
is the only analysis unit that experiences all of these threats.
However, we did not find the Prince of Wales Island Complex analysis
unit to represent a significant portion of the range of the Southeast
Alaska Alexander Archipelago wolf. The Prince of Wales Island Complex
analysis unit represents a relatively small portion of the geographic
area of the Southeast Alaska Alexander Archipelago wolf DPS
(approximately 13.2 percent). Additionally, the Prince of Wales Island
Complex analysis unit does not have high-quality habitat relative to
the rest of the range. Contiguous patches of old-growth forest have
been identified as the preferred habitat for this species and are
considered high-quality habitat. The Prince of Wales Island Complex
analysis unit contains approximately 22.8 percent of high-quality
habitat compared to the rest of the DPS range (Service 2023, p. 110).
Lastly, the habitat on the Prince of Wales Island Complex analysis unit
is not considered unique for any specific life-history functions (e.g.,
denning habitat or prey diversity); denning habitat is found in the
other analysis units within the DPS, and the other two analysis units
have greater ungulate prey diversity compared to the Prince of Wales
Island Complex. Thus, we do not consider the Prince of Wales Island
Complex analysis unit to represent a large geographic area relative to
the range of the DPS, to have higher quality habitat relative to the
rest of the DPS, or to represent uniquely valuable habitat for the DPS.
Therefore, the Prince of Wales Island Complex analysis unit does not
represent a significant portion of the Southeast Alaska Alexander
Archipelago wolf DPS range, and the Southeast Alaska Alexander
Archipelago wolf DPS is not in danger of extinction now or likely to
become so in the foreseeable future in any significant portion of its
range.
After assessing the best available information, we concluded that
the Southeast Alaska Alexander Archipelago wolf DPS is not in danger of
extinction or likely to become in danger of extinction throughout all
of its range or in any significant portion of its range. Therefore, we
find that listing the Southeast Alaska Alexander Archipelago wolf DPS
as an endangered species or threatened species under the Act is not
warranted. A detailed discussion of the basis for this finding can be
found in the Alexander Archipelago wolf species assessment form and
other supporting documents at https://www.regulations.gov under Docket
No. FWS-R7-ES-2023-0109.
Peer Review
In accordance with our July 1, 1994, peer review policy (59 FR
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo
on the Peer Review Process we solicited independent scientific reviews
of the information contained in the Alexander Archipelago wolf SSA
report. The Service sent the SSA report to 10 independent peer
reviewers and received 4 responses. Results of this structured peer
review process can be found at https://www.regulations.gov under Docket
No. FWS-R7-ES-2023-0109 and https://www.fws.gov/library/categories/peer-review-plans. We incorporated the results of these reviews, as
appropriate, into the SSA report, which is the foundation for this
finding.
Chihuahua Catfish
Previous Federal Actions
On June 25, 2007, the U.S. Fish and Wildlife Service (Service)
received a petition dated June 18, 2007, from Forest Guardians (now
WildEarth Guardians) requesting that the Service list 475 species,
including the Chihuahua catfish, as threatened or endangered species
and designate critical habitat under the Act. All 475 species occur
within the Southwest Region and were ranked as G1 or G1G2 species by
NatureServe at the time. In a July 11, 2007, letter to the petitioner,
the Service acknowledged receipt of the petition and stated that the
petition was under review by staff in the Southwest Regional Office. On
December 16, 2009, the Service published a partial 90[hyphen]day
finding on the petition, including the Chihuahua catfish and 191 other
species, stating that the petition presented substantial scientific
information indicating that listing may be warranted for 67 of the 192
species (74 FR 66866).
[[Page 57393]]
Summary of Finding
In assessing the best available scientific information for the
status of a species, the Service generally relies on information
published in peer-reviewed journals and other reports. Particularly
related to taxonomic determinations, we defer to the scientific
literature and to professional authorities for taxonomical assignments.
However, when that information is in question, the Service conducts its
own analysis, and we exercise our best scientific judgment.
For a taxon to be listed under the Act, it must be a listable
entity; that is, it must be either formally described and accepted as a
species or subspecies or there must be credible scientific evidence
that the entity should qualify as a valid species or subspecies. The
Chihuahua catfish has never been formally described in peer-reviewed
literature as a valid taxonomic entity. A draft species description
from 1998 proposed to describe the species as distinct but was never
finalized. Recent morphological and genetic analyses found no evidence
that this putative species exists in New Mexico and Texas.
To date, no peer-reviewed publications have supported a distinct
species status of the Chihuahua catfish or provided evidence of its
existence. We have reviewed the best available information regarding
the taxonomic status of the putative Chihuahua catfish and conclude
that there is insufficient credible scientific evidence that the entity
qualifies as a valid species or subspecies. Therefore, it is not
warranted for listing because we find that there is not credible
scientific evidence that the Chihuahuan catfish is a listable entity
under Act. A detailed discussion of the basis for this finding can be
found in the Chihuahua catfish species assessment form and other
supporting documents at https://www.regulations.gov under Docket No.
FWS-R2-ES-2023-0110.
Peer Review
In accordance with our July 1, 1994, peer review policy (59 FR
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo
on the Peer Review Process, we solicited independent scientific reviews
of the information contained in our report titled ``Review of the
Chihuahua catfish (Ictalurus sp. 1)''. The Service sent the report to
seven independent peer reviewers and received four responses. We
incorporated the results of these reviews, as appropriate, into the
report, which is the foundation for this finding. Results of this
structured peer review process can be found at https://www.regulations.gov under Docket No. FWS-R2-ES-2023-0110.
Cooper's Cave Amphipod, Minute Cave Amphipod, and Morrison's Cave
Amphipod
Previous Federal Actions
On April 20, 2010, we received a petition from the Center for
Biological Diversity, Alabama Rivers Alliance, Clinch Coalition,
Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council,
and West Virginia Highlands to list 404 aquatic, riparian, and wetland
species, including Stygobromus cooperi, S. parvus, and S. morrisoni
(referred to by the common names ``Cooper's cave amphipod,'' ``minute
cave amphipod,'' and ``Morrison's cave amphipod,'' respectively, in the
petition), as endangered or threatened species under the Act. On
September 27, 2011, we published a 90-day finding in which we announced
that the petition contained substantial information indicating that
listing may be warranted for the species (76 FR 59836). This document
constitutes our 12-month finding on the April 20, 2010, petition to
list Cooper's, minute, and Morrison's cave amphipods under the Act.
Summary of Finding
Cooper's, minute, and Morrison's cave amphipods are specialized for
subterranean karst habitat characterized by relatively stable
physiochemical conditions compared to surface environments and have
limited or patchily distributed food resources. Karst landscapes are
geologic features or landforms characterized by distinctive permeable
underground drainage systems, caves, and sinkholes that have been
formed through the dissolving of soluble rock, particularly limestone
(Simms 2005, p. 678). Due to the absence of light and primary producers
in subterranean environments, these species are likely detritivores or
omnivores that feed on organic matter (i.e., dead plant and animal
material) originating from the surface. Morrison's cave amphipod is
restricted to Virginia and West Virginia, and Cooper's cave and minute
cave amphipods are restricted to West Virginia, with limited
distributions.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Cooper's, minute, and Morrison's cave amphipods, and we
evaluated all relevant factors under the five listing factors,
including any regulatory mechanisms and conservation measures
addressing these threats. The primary threats affecting Cooper's,
minute, and Morrison's cave amphipods are: (1) groundwater
contamination by sediments and toxic compounds, (2) disruption of food
supply due to deforestation/surface alteration, and (3) direct
modification of habitats due to cave visitation and urban development
of karst areas. Protection, management, and conservation measures that
may improve the species' viability are summarized below.
After evaluating the best available scientific and commercial
information on potential stressors acting individually or in
combination, we found no indication that the combined effects are
currently causing a population-level decline or degrading the habitat
of the Cooper's, minute, or Morrison's cave amphipod, or that the
combined effects are likely to do so within a foreseeable future of 20
years, based on the projected species' response to future stressors.
Despite impacts from the primary threats, the best data and
information available indicate Cooper's, minute, and Morrison's cave
amphipod species have maintained resilient populations throughout their
respective ranges. Although we predict some continued impacts from
these threats in the future, we anticipate each species will continue,
in the foreseeable future (that is roughly 20 years), to maintain
resilient populations throughout their ranges that are distributed
throughout each of their representative units.
After evaluating threats to the species under the section 4(a)(1)
factors listed above and assessing the cumulative effect of the threats
of these factors, we evaluated Cooper's, minute, and Morrison's cave
amphipod viability to determine if these species meet the definition of
an endangered or threatened species. The Cooper's, minute, and
Morrison's cave amphipod redundancy and representation are limited due
to their narrow ranges; however, this situation is likely similar to
historical conditions. We find that the Cooper's, minute, and
Morrison's cave amphipods have sufficient resiliency, redundancy, and
representation in light of the best available potential stressor data
and information, both currently and into the foreseeable future, such
that they do not meet the definition of an endangered or threatened
species throughout their range.
We evaluated the range of the Cooper's cave amphipod to determine
if the species is in danger of extinction now or likely to become so in
the foreseeable future in any portion of its
[[Page 57394]]
range. The Cooper's cave amphipod is a narrow endemic that functions as
a single, contiguous population and occurs within a very small area of
27 square kilometers (km\2\) (10.5 square miles [mi\2\]). Thus, there
is no biologically meaningful way to break this limited range into
portions, and the threats that the species faces affect the species
comparably throughout its entire range. As a result, there are no
portions of the species' range where the species has a different
biological status from its rangewide biological status. Therefore, we
conclude that there are no portions of the species' range that warrant
further consideration, and the species is not in danger of extinction
or likely to become so in the foreseeable future in any significant
portion of its range.
We evaluated the range of the minute and Morrison's cave amphipods
to determine if the species are in danger of extinction now or likely
to become so in the foreseeable future in any portion of their ranges
(1,467 km\2\ or 566 mi\2\ and 2,266 km\2\ or 876 mi\2\, respectively).
The range of a species can theoretically be divided into portions in an
infinite number of ways. We focused our analysis on portions of the
species' range that may meet the definition of an endangered species or
a threatened species. For minute and Morrison's cave amphipods, we
considered whether the threats or their effects on the species are
greater in any biologically meaningful portion of the species' range
than in other portions such that the species is in danger of extinction
now or likely to become so in the foreseeable future in that portion.
We examined the following threats: (1) groundwater contamination, (2)
disruption of food supply due to deforestation or surface alteration,
and (3) direct modification of habitat due to cave visitation and urban
development.
After evaluating the best available scientific and commercial
information on potential stressors acting individually or in
combination, we found no indication that the combined effects are
currently causing a population-level decline or degrading the habitat
of the minute or the Morrison's cave amphipods. These factors are not
occurring at a substantial level in any portion for either the minute
or Morrison's cave amphipods to contribute to the risk of extinction.
We found no biologically meaningful portion of the minute or Morrison's
cave amphipod ranges where threats are impacting individuals
differently from how they are affecting the species elsewhere in its
range, or where the biological condition of the species differs from
its condition elsewhere in its range such that the status of the
species in that portion differs from its status in any other portion of
the species' range. Refer to the species assessment form in the docket
for this action for additional details.
After assessing the best available information, we concluded that
Cooper's, minute, and Morrison's cave amphipods are not in danger of
extinction or likely to become in danger of extinction throughout all
of their ranges or in any significant portion of their ranges.
Therefore, we find that listing the Cooper's, minute, or Morrison's
cave amphipods as endangered species or threatened species under the
Act is not warranted. A detailed discussion of the basis for this
finding can be found in the Cooper's, minute, and Morrison's cave
amphipods species assessment form and other supporting documents on
https://www.regulations.gov under Docket Nos. FWS-R5-ES-2023-0120
(Cooper's cave amphipod), FWS-R5-ES-2023-0121 (minute cave amphipod),
and FWS-R5-ES-2023-0122 (Morrison's cave amphipod.
Peer Review
In accordance with our July 1, 1994, peer review policy (59 FR
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo
on the Peer Review Process we solicited independent scientific reviews
of the information contained in the Cooper's, minute, and Morrison's
cave amphipod SSA report. The Service sent the SSA report to four
independent peer reviewers and received four responses. Results of this
structured peer review process can be found at https://www.regulations.gov under Docket Nos. FWS-R5-ES-2023-0120 (Cooper's
cave amphipod), FWS-R5-ES-2023-0121 (minute cave amphipod), and FWS-R5-
ES-2023-0122 (Morrison's cave amphipod). We incorporated the results of
these reviews, as appropriate, into the SSA report, which is the
foundation for this finding.
Georgia Blind Salamander
Previous Federal Actions
On April 20, 2010, we received a petition from the Center for
Biological Diversity, Alabama Rivers Alliance, Clinch Coalition,
Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council,
and West Virginia Highlands to list 404 aquatic, riparian, and wetland
species, including Eurycea wallacei (formerly known as, and identified
by petitioners as, Haideotriton wallacei), as an endangered or
threatened species under the Act. On September 27, 2011, we published a
90-day finding (76 FR 59836) that the petition contained substantial
information indicating that listing may be warranted for the species.
This document constitutes our 12-month finding on the April 20, 2010,
petition to list the Georgia blind salamander under the Act.
Summary of Finding
The Georgia blind salamander is a relatively small, pinkish-white,
blind salamander with visible external gills. Eyes are entirely
lacking, except for dark eyespots. The bodies of juveniles exhibit many
small pigment spots uniformly distributed along the dorsal and lateral
surfaces but are otherwise translucent. Adults are similar in
appearance but lack body pigmentation, leaving them almost pure white
apart from their gills. Lungs are also absent. Common prey items of the
Georgia blind salamander mainly include crustaceans (ostracods,
amphipods, copepods, and isopods), though insects and arachnids have
also been found in salamander digestive tracts. Habitat of the Georgia
blind salamander consists primarily of caves within the Upper Floridan
Aquifer System, an extensively karstified aquifer system. Currently,
locations where Georgia blind salamander have been found include
Jackson County, Florida, as well as Dougherty and Decatur Counties,
Georgia, in the Marianna Lowlands-Dougherty Plain physiographic region.
The best available science indicates there is a high likelihood of
Georgia blind salamander co-occurring with the Dougherty Plain cave
crayfish (Cambarus cryptodytes), resulting in up to 58 extant sites. It
is important to note that the identified sites are only those that are
accessible to humans and do not necessarily represent the entire
distribution of the species. Also, many sites of co-occurrence are
isolated wells, indicating that both species are likely more widely
distributed throughout the aquifer and associated springsheds than is
evidenced by direct sightings alone. It is likely the species is
present in the Dougherty Plain portion of the Upper FAS.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Georgia blind salamander, and we evaluated all relevant factors
under the five listing factors, including any regulatory mechanisms and
conservation measures addressing these threats. Existing threats
related to water quality and water quantity are present, though there
are extant sites. In addition, water quantity
[[Page 57395]]
currently does not appear to have a large impact on this aquifer, as
drawdowns even in drought conditions were not impacting water levels in
the aquifer. Since aquifers have relatively stable conditions over
space and time, particularly compared to other terrestrial or even
aquatic habitats, the species' broad occurrence across the 4.4-million-
acre aquifer likely ensures it has adequate representation and
redundancy currently.
After evaluating threats to the species and assessing the
cumulative effect of the threats under the section 4(a)(1) factors, we
assessed the current status of the Georgia blind salamander to
determine if it meets the definition of an endangered species or
threatened species. The Georgia blind salamander currently has moderate
to high resilience (78 percent of sites); water quality and quantity
are the primary factors influencing the species rangewide, although the
underlying aquifer has exhibited relatively stable conditions over
time, and the species is presumed to occur across the aquifer. There
are extant sites where existing threats related to water quality and
water quantity still occur, and drawdowns in drought conditions were
not impacting water levels in the aquifer. Thus, the threats appear to
have low imminence and magnitude such that they are not significantly
affecting the species' current viability. Accordingly, we determined
that the Georgia blind salamander is not in danger of extinction
throughout its range.
We then considered whether the species is likely to become in
danger of extinction within the foreseeable future throughout its
range. The analysis of future condition to 2070, considered in the SSA
report, encompasses the best available information for future
projections of land-use change under two different scenarios (worst
case--A1B and best case--B2), as well as pollutant discharge permits
and effects of climate change (for example, sea level rise and
drought). The timeframe considered enabled us to analyze the threats/
stressors acting on the species and draw reliable predictions about the
species' response to these factors. Land use changes may impact water
quality, and thus could influence species viability.
Given the future scenarios, the resiliency of the Georgia blind
salamander population is predicted to decline or remain approximately
the same in the future. However, given the vast size (4,400,162 acres
of surface area) and stability of habitat, as well as the species'
broad occurrence across the aquifer, and projected limited future
threats, we determined that the scale of impacts projected in the
future will not impact the species such that the species is likely to
become in danger of extinction within the foreseeable future. Thus,
after assessing the best available information, we determined that the
Georgia blind salamander is not in danger of extinction now or likely
to become so in the foreseeable future throughout all of its range.
We next considered whether the species may be in danger of
extinction or likely to become so in the foreseeable future in a
significant portion of its range--that is, whether there is any portion
of the species' range for which it is true that both (1) the portion is
significant and (2) the species is in danger of extinction now or
likely to become so in the foreseeable future in that portion. Because
the range of a species can theoretically be divided into portions in an
infinite number of ways, we focused our analysis on portions of the
species' range that contribute to the conservation of the species in a
biologically meaningful way. For the Georgia blind salamander, we
considered whether the threats or their effects on the species are
greater in any portion of the species' range than in other portions
such that the species is in danger of extinction now or likely to
become so in the foreseeable future in that portion.
Because this species occupies a habitat that is not easily
accessible or sampled, with few existing records, it is assumed to be
well distributed evenly across its interconnected 4.4 million-acre
range. While it is considered one population, we identified sinkhole
hotspots around Albany, Georgia, and Marianna, Florida, to be most
vulnerable to the threats due to their close proximity to developed
areas and potential lingering effects from Superfund sites. These
portions of the range are also vulnerable to potential catastrophic
chemical spills compared to the overall range. The fact that spills
have occurred and the salamander remains in high to moderate condition
in these areas indicates that the threats to water quality and quantity
are not impacting the species such that it has a different status in
these portions compared to the rest of the range. For these reasons,
the sinkhole hotspot portions around Albany, GA, and Marianna, FL, were
not determined to have a different status now or in the foreseeable
future. Further, these portions also comprise a small portion of the
total range, and therefore we conclude that these areas are not
significant.
After assessing the best available information, we concluded that
Georgia blind salamander is not in danger of extinction or likely to
become in danger of extinction throughout all of its range or in any
significant portion of its range. Therefore, we find that listing the
Georgia blind salamander as an endangered species or threatened species
under the Act is not warranted. A detailed discussion of the basis for
this finding can be found in the Georgia blind salamander species
assessment form and other supporting documents at https://www.regulations.gov under Docket No. FWS-R4-ES-2023-0117.
Peer Review
In accordance with our July 1, 1994, peer review policy (59 FR
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo
on the Peer Review Process, we solicited independent scientific reviews
of the information contained in the Georgia blind salamander SSA
report. The Service sent the SSA report to eight independent peer
reviewers and received three responses. Results of this structured peer
review process can be found at https://www.regulations.gov under Docket
No. FWS-R4-ES-2023-0117. We incorporated the results of these reviews,
as appropriate, into the SSA report, which is the foundation for this
finding.
Narrow-Foot Hygrotus Diving Beetle
Previous Federal Actions
On July 17, 2013, we received a petition from WildEarth Guardians
to list the narrow-foot hygrotus diving beetle, henceforth ``diving
beetle,'' as an endangered or threatened species under the Act. On
January 12, 2016, we published a 90-day finding (81 FR 1368) that the
petition contained substantial information indicating that listing may
be warranted for the species. On April 21, 2020, WildEarth Guardians
filed suit (Case No. 1:20-cv-1035) to compel us to complete a 12-month
finding. We subsequently agreed to submit a 12-month finding for the
diving beetle to the Federal Register by August 15, 2023. This document
constitutes our 12-month finding on the July 17, 2013, petition to list
the diving beetle under the Act.
Summary of Finding
Narrow-foot hygrotus diving beetles are small aquatic beetles found
in central Wyoming within a specific geology of Cody Shale substrates
or soils derived from Cody Shale in Fremont, Johnson, Natrona, and
Washakie Counties. This beetle has likely never
[[Page 57396]]
had a wider distribution than the narrow range it currently occupies.
Diving beetles develop through egg, larval, pupal, and adult stages
and rely on small, transitory, saline pools that form during the drying
down of ephemeral streams in summer, with all life stages either
occurring in or adjacent to these pools. Diving beetles require refugia
and prey in pools and hydrologically intact areas surrounding pools,
which support higher water quality and seasonally appropriate timing
and quantities of water in pools. Diving beetle sites appear to
function as a metapopulation, and as such, connectivity among pools is
essential for diving beetles. Pools need to be near enough to each
other so that, when local conditions in one pool become unsuitable,
either adults can fly overland to another pool or individuals at any
life stage can flow downstream to another pool with suitable habitat.
The frequency across years with which pools are occupied by diving
beetles is also important for diving beetles' resiliency. More
frequently occupied pools reliably provide for the needs of diving
beetles, and while infrequently occupied pools do not support diving
beetles in most years, they do support diving beetles in years with
extreme weather conditions that make other sites unsuitable.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the diving beetle, and we evaluated all relevant factors under the
five listing factors, including any regulatory mechanisms and
conservation measures addressing these threats. After evaluating
threats to the species and assessing the cumulative effect of the
threats under the section 4(a)(1) factors, we assessed the current
status of the diving beetle to determine if it meets the definition of
an endangered species or threatened species. The primary threats
affecting the diving beetle's biological status include climate change,
inadequate water availability, flooding, anthropogenic disturbance, and
insecticide spraying.
Our assessment of current viability included all primary threats to
the diving beetle. Despite past and ongoing stressors, the diving
beetle has multiple populations in high and moderate condition. To
assess future viability of this species, we considered the foreseeable
future out to 2050 and projected the influence under three future
scenarios of stressors that included climate change, inadequate water
availability, flooding, anthropogenic disturbance, and insecticide
spraying. Within the SSA, we evaluated the viability of diving beetles,
including a review of ongoing and future threats. The best available
information indicates that this species' life-history traits are
conducive to surviving projected climate changes and other increases in
evaluated stressors now and into the foreseeable future.
Diving beetles also have a metapopulation structure with
connectivity between sites that supports resiliency among all sites
throughout the entire range, and the distribution of the species across
three different river basins within central Wyoming helps support
redundancy. Therefore, we expect all diving beetle sites to be
maintained into the foreseeable future.
We then evaluated the range of the diving beetle to determine if
the species is in danger of extinction now or likely to become so in
the foreseeable future in any portion of its range. The range of a
species can theoretically be divided into portions in an infinite
number of ways. We focused our analysis on portions of the species'
range that may meet the definition of an endangered species or a
threatened species. For the diving beetle, we considered whether the
threats or their effects on the species are greater in any biologically
meaningful portion of the species' range than in other portions such
that the species is in danger of extinction now or likely to become so
in the foreseeable future in that portion. We found no portion of the
diving beetle's range where threats are impacting individuals
differently from how they are affecting the species elsewhere in its
range, or where the biological condition of the species differs from
its condition elsewhere in its range such that the status of the
species in that portion differs from its status in any other portion of
the species' range. Therefore, we find that the species is not in
danger of extinction now or likely to become so in the foreseeable
future in any significant portion of its range; refer to the species
assessment form in the docket for this action for additional details.
After assessing the best available information, we concluded that
the diving beetle is not in danger of extinction or likely to become in
danger of extinction throughout all of its range or in any significant
portion of its range. Therefore, we find that listing the diving beetle
as an endangered species or threatened species under the Act is not
warranted. A detailed discussion of the basis for this finding can be
found in the diving beetle species assessment form and other supporting
documents at https://www.regulations.gov under Docket No. FWS-R6-ES-
2023-0111.
Peer Review
In accordance with our July 1, 1994, peer review policy (59 FR
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo
on the Peer Review Process, we solicited independent scientific reviews
of the information contained in the diving beetle SSA report. The
Service solicited review of the SSA report from six potential peer
reviewers and received one review. Results of this structured peer
review process can be found at https://www.regulations.gov under Docket
No. FWS-R6-ES-2023-0111. We incorporated the results of the review, as
appropriate, into the SSA report, which is the foundation for this
finding.
Pristine Crayfish
Previous Federal Actions
On April 20, 2010, we received a petition from the Center for
Biological Diversity, Alabama Rivers Alliance, Clinch Coalition,
Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council,
and West Virginia Highlands Conservancy to list 404 aquatic, riparian,
and wetland species, including the pristine crayfish, as an endangered
or threatened species under the Act. On September 27, 2011, we
published a 90-day finding in the Federal Register (76 FR 59836)
concluding that the petition presented substantial scientific or
commercial information indicating that listing may be warranted. This
document constitutes our 12-month finding on the April 20, 2010,
petition to list pristine crayfish under the Act.
Summary of Finding
The pristine crayfish is a small, freshwater crayfish endemic to
the Cumberland Plateau in Tennessee. The species occurs in small- to
medium-sized streams and rivers in the Caney Fork and Sequatchie River
systems in central Tennessee. Pristine crayfish are known to occur in
27 streams in 8 subwatersheds (HUC12) in the region. Two distinct forms
of the pristine crayfish are recognized based on body characteristics
and genetics: the Caney Fork form and the Sequatchie form. The Caney
Fork form of pristine crayfish occurs in five northern subwatersheds
(17 streams), and the Sequatchie form occurs in three southern
subwatersheds (10 streams). The pristine crayfish requires good water
quality in first- to fourth-order perennial streams with cool water,
shallow pools with slow to moderate flow, slab rock substrate with
cobble, and low levels of sedimentation.
We have carefully assessed the best scientific and commercial
information
[[Page 57397]]
available regarding the past, present, and future threats to the
pristine crayfish, and we evaluated all relevant factors under the five
listing factors, including any regulatory mechanisms and conservation
measures addressing these threats. After evaluating threats to the
species and assessing the cumulative effect of the threats under the
section 4(a)(1) factors, we assessed the current status of the pristine
crayfish to determine if it meets the definition of an endangered
species or threatened species. The threats affecting the pristine
crayfish's biological status include habitat destruction or
modification, future effects of climate change, disease, and the effect
of small, isolated populations. Of these threats, habitat destruction
or modification and the future effects of climate change were
identified as key drivers of the species' viability. Habitat
destruction or modification is currently the primary threat to pristine
crayfish viability. Impacts to the pristine crayfish's habitat
rangewide are caused by sedimentation, decreased water quality, and the
effects of impoundments. These impacts occur at the individual and
population levels across the species' distribution, but the best
available information indicates that these localized impacts have not
affected pristine crayfish at the species level. Climate change has the
potential to impact the species through increased magnitude and
frequency of drought and increased temperature, and this threat is
ongoing and projected to increase in the future. Although drought and
increased temperatures may result in a decrease or lack of recruitment
in some portions of its range during some years, there have been no
documented species-level declines as a result of consecutive years of
drought. The threats of disease and small population size may
exacerbate the effects of the primary threats but are not expected to
affect population resiliency, representation, and redundancy alone.
The best available information indicates that the range of the
pristine crayfish has not contracted since described in 1965 and, in
fact, its range was recently expanded into an additional river system.
The species is naturally patchily distributed within its range and is
known to occur in 27 streams across 8 HUC12 analysis units (AUs). Seven
of the eight AUs exhibit moderate current resiliency. Although we
identified habitat destruction or modification and climate change as
the key drivers of species' viability, the species' current condition
does not indicate species-level impacts from these or other cumulative
factors that have led to reductions in AU resiliency. The species'
representation and redundancy are moderate, and the species occurs in
multiple analysis units with sufficient resiliency across its
historical and current range. Overall, no current threat is acting at
an extent or severity such that the pristine crayfish is at risk of
extinction throughout all of its range. Thus, after assessing the best
available information, we conclude that the pristine crayfish is not in
danger of extinction throughout all of its range.
Therefore, we proceed with determining whether the pristine
crayfish is likely to become an endangered species within the
foreseeable future throughout all of its range. To evaluate the future
viability of the pristine crayfish, we considered the relevant threats
currently acting on the species, those threats expected to act on the
species in the foreseeable future, and the species' response to those
threats. The primary threats to the pristine crayfish in the future are
habitat destruction or modification and climate change. The three
plausible future scenarios we examined included projections of
urbanization, land use change (evergreen forest cover), impoundments,
the effects of climate change, and the cumulative effect of these
threats. Our analysis of the species' condition under future scenarios
at two time steps (2036 and 2051) encompasses the best available
information for future projections of modeled parameters under a range
of plausible threat levels. We selected these time steps based on the
pristine crayfish's lifespan of approximately 4 years and the
reliability of the data and models used in the future threat
projections and analyses. Therefore, we determined 30 years to be the
foreseeable future for which we can reasonably predict the threats to
the pristine crayfish and the species' response to those threats.
In this timeframe, there are minor projected increases in some
threats that may affect the availability of suitable habitat across the
species' range. Urbanization is projected to increase an average of 6
to 11 percent over current levels and evergreen forest cover
(representing land use change) is projected to decrease by 1 percent in
the same timeframes. The pristine crayfish is distributed across eight
AUs (HUC12 subwatersheds) and is expected to remain extant in all
future scenarios across the AUs. Our future condition analysis
projected declines in resiliency in six or seven of the AUs in all
scenarios except the increased impact scenario in 2051, when all eight
AUs are projected to decline in resiliency. Based on our analysis, the
projected effects of climate change and impoundments may have a greater
effect on species' resiliency compared to current impacts, but the
magnitude and imminence of the threats and the species' responses are
more uncertain.
We expect that the species' representation and redundancy will
decline slightly but will largely be maintained in moderate condition
in the future with all AUs remaining on the landscape in all scenarios.
We projected future redundancy as moderate with no AUs projected to be
extirpated, and the distribution of the species across the range is
projected to remain at the current level. Likewise, representation is
expected to remain moderate as both forms of the pristine crayfish are
present on the landscape, although some parameters used to assess
representation are projected to decline as resiliency declines. Impacts
from current and ongoing threats will reduce population resiliency and
affect the species' representation and redundancy in the foreseeable
future but are not projected to lead to the species' decline such that
the pristine crayfish is likely to become in danger of extinction in
the modeled scenarios. The best available information does not indicate
that the pristine crayfish's viability will decline so much that the
species is likely to become an endangered species within the
foreseeable future throughout its range.
We then evaluated the range of the pristine crayfish to determine
if the species is in danger of extinction now or likely to become so in
the foreseeable future in any significant portion of its range.
Although threats are similar throughout the range of the species, the
species' response is more pronounced in the Piney Creek AU. Due to
lower current resiliency, threats are having a greater impact in the
Piney Creek AU than elsewhere in the range. The Piney Creek AU exhibits
low current resiliency driven primarily by a low extent of occupancy
(few sites known within the stream) and lack of information regarding
reproduction in the species. Given the species' condition within the
Piney Creek AU, we have identified the unit as an area that may be in
danger of extinction due to the low extent of occupancy and low
reproduction/recruitment.
We then proceeded to the significance question, asking whether this
portion of the range is significant. Although the Piney Creek AU
contributes to the overall species-level representation and redundancy,
it does not contain any high-quality or high-value habitat or any
habitat or resources unique to that area
[[Page 57398]]
and necessary to the pristine crayfish's life history. In addition,
only 1 of the 27 known streams with species occurrence is located in
the Piney Creek AU. So this area does not contribute substantively to
the species' viability. This portion does not make up a large
geographic area of the range or contain a high proportion of the
species' habitat or populations. Accordingly, we do not find this
portion to be a significant portion of its range. Therefore, we find
the pristine crayfish is not currently in danger of extinction in a
significant portion of its range.
We next considered whether the pristine crayfish may be likely to
become an endangered species within the foreseeable future in a
significant portion of its range. As discussed above, we determined 30
years to be the foreseeable future for which we can reasonably predict
the threats to the pristine crayfish and the species' response to those
threats.
Habitat destruction or modification and climate change are the
primary factors currently acting on or expected to act on the species
in the future at a rangewide scale. The species currently exhibits
moderate resiliency in seven of eight AUs and moderate species' level
representation and redundancy. Although threats are projected to impact
the species similarly across the range, the species' response is more
pronounced in some AUs due to lower resiliency where threats are having
a greater impact than elsewhere in the range. One AU (Caney Fork River-
Clifty Creek) is projected to remain in moderate resiliency in all but
the increased impact scenario in 2051. The remaining seven AUs are
projected to exhibit low or very low resiliency under scenarios 2 and 3
in 2036 and 2051. We considered whether the seven AUs that are
projected to exhibit low or very low resiliency in future scenarios may
be a portion of the range that could become in danger of extinction
within the foreseeable future. Although the future condition analyses
projects overall declines in AU resiliency, stream catchments with
species' occurrences are projected to remain in good condition within
each AU. Within the high-condition catchments, we expect that habitat
conditions will support sufficient pristine crayfish abundance and
reproduction. Although projections indicate low or very low future
resiliency in seven AUs, the remaining stream catchments in high
condition indicate that the pristine crayfish in these AUs will remain
on the landscape with sufficient viability. In addition, although some
declines in representation and redundancy are projected in the future,
we expect that the pristine crayfish will have sufficient adaptive
capacity and ability to withstand catastrophic change in the
foreseeable future. Accordingly, we determined that the pristine
crayfish is not likely to become an endangered species within a
significant portion of its range.
We found no portion of the pristine crayfish's range where the
biological condition of the species differs from its condition
elsewhere in its range such that the status of the species in that
portion warrants listing under the Act. Therefore, we find that the
species is not in danger of extinction now or likely to become so in
the foreseeable future in any significant portion of its range.
After assessing the best available information, we concluded that
the pristine crayfish is not in danger of extinction or likely to
become in danger of extinction throughout all of its range or in any
significant portion of its range. Therefore, we find that listing the
pristine crayfish as an endangered species or threatened species under
the Act is not warranted. A detailed discussion of the basis for this
finding can be found in the pristine crayfish species assessment form
and other supporting documents at https://www.regulations.gov under
Docket No. FWS-R4-ES-2023-0115.
Peer Review
In accordance with our July 1, 1994, peer review policy (59 FR
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo
on the Peer Review Process, we solicited independent scientific reviews
of the information contained in the pristine crayfish SSA report. The
Service sent the SSA report to four independent peer reviewers and
received one response. Results of this structured peer review process
can be found at https://www.regulations.gov under Docket No. FWS-R4-ES-
2023-0115. We incorporated the results of these reviews, as
appropriate, into the SSA report, which is the foundation for this
finding.
Tennessee Heelsplitter
Previous Federal Actions
On April 20, 2010, we received a petition from the Center for
Biological Diversity, Alabama Rivers Alliance, Clinch Coalition,
Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council,
and West Virginia Highlands to list 404 aquatic, riparian, and wetland
species, including Tennessee heelsplitter (Lasmigona holstonia), as
endangered or threatened species under the Act. On September 27, 2011,
we published a 90-day finding (76 FR 59836) that the petition contained
substantial information indicating that listing may be warranted for
the species. This document constitutes our 12-month finding on the
April 20, 2010, petition to list the Tennessee heelsplitter under the
Act.
Summary of Finding
The Tennessee heelsplitter is a small freshwater mussel usually
less than 50 millimeters (2 inches) long. The species is a freshwater
mussel native to the New, Cumberland, and Tennessee River basins in
Virginia, Tennessee, Georgia, Alabama, and historically North Carolina.
The Tennessee heelsplitter predominantly inhabits spring-fed creeks and
small headwater streams with stable substrates and good water quality.
The species needs water with low to moderate flow, appropriate
temperatures for life-history functions, and presence of fish hosts for
successful reproduction.
Resources influencing the successful completion of each life stage
for Tennessee heelsplitter individuals include abundant host fish,
stable substrate, proximity to breeding individuals, small or headwater
streams, water with neutral pH and little to no contaminants, spring-
fed streams with low to moderate water flow, and a water temperature
range that allows for life-history functions (Service 2016a, p. 12).
Successful completion of each life stage affects the ability of
populations to withstand stochastic events (resiliency) and the
species' ability to withstand catastrophic events (redundancy) as well
as adapt to changing environmental conditions by way of genetic
exchange or respond to environmental diversity between occupied streams
(representation).
The population- and species-level resource needs of the Tennessee
heelsplitter include sufficient juvenile and breeding adult abundances
with broad distributions, suitable and abundant host fish, and habitat
connectivity. Resiliency of Tennessee heelsplitter populations (which
we defined as occupied stream reaches within analysis units (AUs)), as
well as representation and redundancy of the species, are influenced by
access to necessary resources.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Tennessee heelsplitter, and we evaluated all relevant factors
under the five listing factors, including any regulatory mechanisms and
conservation measures addressing these threats. The threats affecting
the Tennessee heelsplitter's
[[Page 57399]]
biological status include siltation and sedimentation, pollution and
toxic spills, drought and floods, aquatic nuisance species, and
impoundments. These threats appear to have mostly localized extent and
moderate impact. The current risk of extinction is low. Further, the
Tennessee heelsplitter's current distribution has not substantially
changed from its known historical distribution. Sixty percent of AUs
are categorized as ``high'' or ``most'' habitat suitability and these
AUs are distributed throughout each river basin. Redundancy is high, as
our analysis indicates that suitable habitat exists throughout the
range of the Tennessee heelsplitter. Representation is maintained
across the range of historical and current occurrence in the
Cumberland, New, and Tennessee River basins. Additionally, available
information indicates the species' adaptive capacity will ensure
survival despite predicted climate impacts, particularly because of the
strong association with spring-fed streams that can act as cold-water
and drought refugia in the face of climate change. Therefore, after
assessing the best available information, we conclude that the
Tennessee heelsplitter is not in danger of extinction throughout all of
its range.
Based on projected habitat suitability for the two future
scenarios, future resiliency for the Tennessee heelsplitter is expected
to decrease slightly, but overall there will be 77 percent to 91
percent of suitable habitat available to the species, depending on the
modeled scenario. Multiple AUs maintain resiliency, or levels of
suitable habitat, in future-condition projections across the range and
are likely to help buffer changes in environmental conditions through
2040 and 2060. Further, the concentration of AUs with high resiliency
in the southwestern Virginia and northeastern Tennessee strongholds are
projected to remain intact. Connectivity of these high resiliency AUs
within the upper Tennessee representation unit (RU) bolster the
likelihood of persistence into the future.
In the future, stochastic events associated with threats to the
species will likely affect population resilience in parts of the range,
and these are more likely to occur or be observed in developed areas.
However, our future condition projections indicate Tennessee
heelsplitter resiliency is sufficient to withstand disturbance and
environmental stochasticity, due to prevalent suitable habitat and
life-history traits that reduce risk currently and into the future. The
Tennessee heelsplitter has several life-history traits that allow it to
adapt to changing conditions, such as the capability to transform on a
wide variety of common host fish species, occurring in varying stream
sizes, as well as tolerance of silty and sandy substrates and
depositional areas with low flows. Spring-fed streams where the
Tennessee heelsplitter is most frequently located are ubiquitous
throughout the species' range and have year-round groundwater
contributions with continuous flow and comparatively stable temperature
regimes. These characteristics are expected to bolster Tennessee
heelsplitter resilience in most AUs throughout the range into the
future and withstand projected climate effects. After assessing the
best available information, we conclude that the Tennessee heelsplitter
is not likely to become an endangered species within the foreseeable
future throughout all of its range.
We also evaluated the range of the Tennessee heelsplitter to
determine if the species is in danger of extinction now or likely to
become so in the foreseeable future in any significant portion of its
range. We identified the three RUs--Cumberland, New, and Tennessee
drainages--for evaluation. As described above, the threats are present
across all AUs within the range, but some are localized in effect,
though most threats have a low to moderate level of impact on the
species. The New and Cumberland RUs currently have large percentages
(100 percent and 75 percent, respectively) of suitable habitat, thus
these areas have high estimated current resiliency. Our future
conditions analysis indicates that none of the AUs in the New RU, and
only one of the AUs in the Cumberland RU, is projected to no longer
have suitable habitat to support the species. As such, the amount and
distribution of suitable habitat in high resiliency AUs are projected
to be maintained 40 years in the future in both the New and Cumberland
RUs, and we determined that the Tennessee heelsplitter is not in danger
of extinction now or likely to become so in the foreseeable future in
the New or Cumberland RU.
The Tennessee RU comprises 132 AUs with varying levels of suitable
habitat; 57 percent of the AUs have a current condition level of high
or most resilience, and 43 percent are in a condition of moderate
resilience. Our future conditions analysis indicates that 4 to 14
percent of the AUs in the Tennessee RU could lose habitat suitability
within the next 40 years. Despite this potential loss of habitat
suitability, between 86 and 96 percent of the AUs are projected to
maintain suitable habitat, with widespread distribution throughout the
Tennessee RU portion of the range. The Tennessee heelsplitter is
expected to have sufficient resiliency in this RU for many decades.
Thus, we found that the Tennessee heelsplitter is not in danger of
extinction now or likely to become so in the foreseeable future in the
Tennessee RU.
After assessing the best available information, we concluded that
Tennessee heelsplitter is not in danger of extinction or likely to
become in danger of extinction throughout all of its range or in any
significant portion of its range. Therefore, we find that listing the
Tennessee heelsplitter as an endangered species or threatened species
under the Act is not warranted. A detailed discussion of the basis for
this finding can be found in the Tennessee heelsplitter species
assessment form and other supporting documents at https://www.regulations.gov under Docket No. FWS-R4-ES-2023-0116.
Peer Review
In accordance with our July 1, 1994, peer review policy (59 FR
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo
on the Peer Review Process we solicited independent scientific reviews
of the information contained in the Tennessee heelsplitter SSA report.
The Service sent the SSA report to five independent peer reviewers and
received two responses. Results of this structured peer review process
can be found at https://www.regulations.gov under Docket No. FWS-R4-ES-
2023-0116. We incorporated the results of these reviews, as
appropriate, into the SSA report, which is the foundation for this
finding.
New Information
We request that you submit any new information concerning the
taxonomy, biology, ecology, or status of, or stressors to, the
Alexander Archipelago wolf, Chihuahua catfish, Cooper's cave amphipod,
Georgia blind salamander, minute cave amphipod, Morrison's cave
amphipod, narrow-foot hygrotus diving beetle, pristine crayfish, or
Tennessee heelsplitter to the appropriate person, as specified under
FOR FURTHER INFORMATION CONTACT, whenever it becomes available. New
information will help us monitor these species and make appropriate
decisions about their conservation and status. We encourage local
agencies and stakeholders to continue cooperative monitoring and
conservation efforts.
[[Page 57400]]
References Cited
A list of the references cited in each petition finding is
available in the relevant species assessment form, which is available
on the internet at https://www.regulations.gov in the appropriate
docket (see ADDRESSES, above) and upon request from the appropriate
person (see FOR FURTHER INFORMATION CONTACT, above).
Authors
The primary authors of this document are the staff members of the
Species Assessment Team, Ecological Services Program.
Authority
The authority for this action is section 4 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Wendi Weber,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-18260 Filed 8-22-23; 8:45 am]
BILLING CODE 4333-15-P