[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Rules and Regulations]
[Pages 69417-69425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24138]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2015-0142; 4500030113]
RIN 1018-BB09
Endangered and Threatened Wildlife and Plants; Threatened Species
Status for Suwannee Moccasinshell
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine
threatened species status under the Endangered Species Act of 1973
(Act), as amended, for the Suwannee moccasinshell (Medionidus walkeri),
a freshwater mussel species from the Suwannee River Basin in Florida
and Georgia. The effect of this regulation will be to add this species
to the List of Endangered and Threatened Wildlife.
DATES: This rule becomes effective November 7, 2016.
ADDRESSES: This final rule is available on the internet at http://www.regulations.gov at Docket No. FWS-R4-ES-2015-0142 and the Panama
City Ecological Services Field Office. Comments and materials we
received, as well as supporting documentation we used in preparing this
rule, are available for public inspection at http://www.regulations.gov. Comments, materials, and documentation that we
considered in this rulemaking will be available by appointment, during
normal business hours at: U.S. Fish and Wildlife Service, Panama City
Ecological Services Field Office, 1601 Balboa Avenue, Panama City, FL
32405; by telephone 850-769-0552; or by facsimile at 850-763-2177.
FOR FURTHER INFORMATION CONTACT: Catherine T. Phillips, Project Leader,
U.S. Fish and Wildlife Service, Panama City Ecological Services Field
Office, 1601 Balboa Avenue, Panama City, FL 32405; by telephone 850-
769-0552; or by facsimile at 850-763-2177. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Endangered Species Act
(Act), a species may require protection through listing if it is
endangered or threatened throughout all or a significant portion of its
range. Listing a species as an endangered or threatened species can
only be completed by issuing a rule.
What this document does. This rule will finalize the listing of the
Suwannee moccasinshell (Medionidus walkeri) as a threatened species. In
the near future, we intend to publish a proposed rule in the Federal
Register to designate critical habitat for the Suwannee moccasinshell
under the Act.
The basis for our action. Under the Act, we may determine that a
species is an endangered or threatened species based on any of five
factors: (A) The present or threatened destruction, modification, or
curtailment of its habitat or range; (B) overutilization for
commercial, recreational, scientific, or educational purposes; (C)
disease or predation; (D) the inadequacy of existing regulatory
mechanisms; or (E) other natural or manmade factors affecting its
continued existence. We have determined that the Suwannee moccasinshell
is threatened by the degradation of its habitat due to polluted runoff
from agricultural lands, pollutants discharged or accidentally released
from industrial and municipal wastewater sources and mining operations,
decreased flows due to groundwater extraction and drought, stream
channel instability, and excessive sedimentation (Factor A); State and
Federal water quality standards that are inadequate to protect
sensitive aquatic organisms like mussels (Factor D); the potential of
contaminant spills as a result of transportation accidents (Factor E);
increased drought frequency and degraded water quality as a result of
changing climatic conditions (Factor E); greater vulnerability to
certain threats because of small population size and range (Factor E);
and competition and disturbance from the introduced Asian clam (Factor
E).
Peer review and public comment. We sought comments from independent
specialists to ensure that our listing rule is based on scientifically
sound data, assumptions, and analyses. We invited three peer reviewers
with expertise in Suwannee moccasinshell biology and ecology, and
freshwater mussel biology and conservation, to comment on our listing
proposal. We also considered all other comments and information
received during the public comment period. All comments and information
received are available on the internet at http://www.regulations.gov in
Docket No. FWS-R4-ES-2015-0142.
Previous Federal Action
Please refer to the proposed listing rule for the Suwannee
moccasinshell
[[Page 69418]]
(80 FR 60335; October 6, 2015) for a detailed description of previous
Federal actions concerning this species.
Background
For a more detailed discussion of the biology, status, and threats
affecting the species, please refer to the proposed listing rule for
the Suwannee moccasinshell published in the Federal Register on October
6, 2015 (80 FR 60335). In the proposed rule, we evaluated the
biological status of the species and factors affecting its continued
existence. Our assessment was based upon the best available scientific
and commercial data available on the status of the species, including
past, present, and future threats to the species.
Summary of Comments and Recommendations
In the proposed rule published on October 6, 2015 (80 FR 60335), we
requested that all interested parties submit written comments on the
proposal by December 7, 2015. We also contacted appropriate Federal and
State agencies, scientific experts and organizations, and other
interested parties and invited them to comment on the proposal.
Newspaper notices inviting general public comment were published in The
Lake City Reporter, Columbia County, FL; The Gainesville Sun, Alachua
County, FL; and The Valdosta Daily Times, Lowndes County, GA. During
the public comment period, we received public comments from 11
individuals or organizations, including 3 submissions by the
individuals asked to serve as peer reviewers. We did not receive any
requests for a public hearing. All substantive information provided
during the comment period is summarized below in the Summary of Changes
From the Proposed Rule and has either been incorporated directly into
this final determination or addressed in the more specific response to
comments below.
Comments From Peer Reviewers
In accordance with our peer review policy published on July 1, 1994
(59 FR 34270), we solicited expert opinion from three knowledgeable
individuals with scientific expertise in the species' biology, habitat,
and threats and stream ecology. We received responses from all of the
peer reviewers.
We reviewed all comments from the peer reviewers for substantive
issues and new information regarding the listing of the Suwannee
moccasinshell. In general, the peer reviewers concurred with our
methods and conclusions. Where appropriate, we incorporated new
information into the final rule as a result of the peer reviewer
comments, and any substantive comments are discussed below.
(1) Comment: One peer reviewer expressed concern that there has
been no modern taxonomic study to assess whether the Suwannee
moccasinshell is a distinct species from the Gulf moccasinshell. The
peer reviewer mentioned that shell morphological traits are notoriously
problematic taxonomic features that have led to the misclassification
of many freshwater mussel taxa, and that only with molecular data can
you be reasonably sure that you are dealing with separate species. The
reviewer also added that there was no reason to suspect that the
Suwannee moccasinshell is not a valid species.
Our Response: We relied on the best information currently available
regarding the taxonomy of the species. The Suwannee moccasinshell is
considered a distinct taxonomic entity by the general scientific
community, and we are aware of no contradicting views on the taxonomy
of this entity. However, in the final rule we have refined our
discussion of the species' taxonomy and added a recent publication by
Johnson et al. (in press) to the list of authors who recognize the
entity as a separate species.
(2) Comment: One peer reviewer expressed concerned about the lack
of surveys in the Withlacoochee drainage, and stated that this stream
still supports large populations of freshwater mussels. The reviewer
stated that there has apparently been very little recent work in the
system, and that intensive surveys should be done in the Withlacoochee
Drainage to determine the status of the Suwannee moccasinshell in this
system.
Our Response: We agree and stated in the proposed rule that
additional survey work is needed in the Withlacoochee River subbasin
(80 FR 60335, October 6, 2015; p. 60338). Since publishing the proposed
rule, some additional surveys were conducted in the lower Withlacoochee
drainage. Those surveys are included in Table 2 below. Surveyors using
snorkel gear searched seven locations in the lower basin in September
2015. Several mussel species were detected, but not Suwannee
moccasinshell. Likely contributing factors for non-detection include
the conditions noted at survey locations within this species'
historical range, including an odor of treated sewage and considerable
amounts of filamentous algae (an indicator of excess nutrients).
Also, since the proposed rule was published, the Service's Panama
City Field Office received two reports of mussel surveys conducted in
2005 and 2007 around the State Road 31 Bridge in Georgia, where the
Suwannee moccasinshell was collected in 1969. Comprehensive surveys
were conducted over several days using SCUBA gear to search a 1.5-
kilometer reach (approximately) of the Withlacoochee River (Bowers
2006, entire; Bowers 2007, entire). The species was not detected during
these dive surveys. These additional data support our conclusion that
the Suwannee moccasinshell may no longer occur in the Withlacoochee
subbasin.
(3) Comment: One peer reviewer commented that spate flows (e.g.,
sudden fast flows with high sediment loads) in the upper Santa Fe River
should be listed as a threat.
Our Response: We agree and have added this threat to the Factor A
discussion under the heading of Stream Channel Instability.
(4) Comment: One peer reviewer commented that deadhead logging,
though probably past its heyday, is still a potential threat to the
Suwannee moccasinshell as it can cause destabilization of microhabitat
occupied by freshwater mussels. The peer reviewer also stated that the
impact of constant and, in many cases, large boat wakes frequently
striking shore is a problem, especially in the lower Santa Fe River,
which is a relatively narrow channel frequented by large numbers of
boats.
Our Response: We appreciate this information, and we have added a
discussion of both activities to the Factor A discussion under the
heading of Stream Channel Instability.
(5) Comment: One peer reviewer suggested deleting flathead catfish
as a potential threat. The reviewer pointed out that there is only one
record from the Suwannee River of flathead catfish, which was collected
near Branford in 1989, and the species is not currently considered to
be extant in the basin. The reviewer believed that flathead catfish may
represent a future threat if they ever become successfully established
in the basin.
Our Response: Based on this information, we agree that flathead
catfish are not a significant concern at this time and have deleted the
discussion from the final rule.
Comments From States
The proposed rule was reviewed by the three members of the Florida
Fish and Wildlife Conservation Commission's (FWC) freshwater mussel
conservation program, one of which was asked to serve as a peer
reviewer. The
[[Page 69419]]
comments were combined into one document and submitted as a single peer
review. The FWC reviewers provided additional information and
clarification on threats, and provided updated information on surveys
conducted by the agency. Their comments are addressed in Comments 3, 4,
and 5 above, and are incorporated into the final rule as appropriate.
The FWC generally concurred with our methods and conclusions, and
supports the listing.
We also received comments from the Florida Department of
Transportation (FDOT). They are addressed below.
(6) Comment: The FDOT expressed concern about our use of the term
``transportation accidents'' with regard to possible contamination
spills. The agency stated that transportation agencies have protocols
in place to address and track these spills.
Our Response: We continue to maintain that accidents involving
vehicles transporting large volumes of hazardous materials are a
potential threat to the Suwannee moccasinshell. Accidental spills of
hazardous materials or organic materials into streams as a result of
transportation accidents have occurred in the past. Incidents in or
near streams that illustrate the potential risk include two train
derailments: one on September 12, 2006, that spilled four tank cars of
soybeans into a tributary of Yellow Leaf Creek in Alabama resulting in
a drastic decline in dissolved oxygen, killing fishes, mussels, and
snails (USFWS 2009); and another on January 28, 2014, that spilled up
to 30,000 gallons of phosphoric acid into a small tributary to the
Escambia River in Florida (NorthEscambia.com), and was contained before
reaching critical habitat in the mainstem.
(7) Comment: The FDOT expressed concerns regarding our discussion
of water quality degradation and increased sedimentation. The agency
commented that State DOTs abide by rigorous environmental permit
processes (both Federal and State) that address these matters including
requirements of the ESA. Specifically, roadway projects have to obtain
a State Water Quality Certification in order for the U.S. Army Corps to
issue a permit under section 404 of the Clean Water Act.
Our Response: FDOT's standard Best Management Practices (BMPs) for
erosion and sediment control are a good baseline measure to protect
water quality. However, the success of these measures is highly
dependent on their contractors to meticulously implement, monitor, and
repair erosion control measures. In instances where endangered and
threatened species are present in combination with highly erodible
soils, a higher level of protection may be needed. While not frequent,
instances of erosion control failures that have impacted waterways
during road construction in Florida have been documented.
(8) Comment: The FDOT commented that the following activities
listed in the proposed rule (80 FR 60335, October 6, 2015; p. 60347) as
potentially harming the Suwannee moccasinshell and, therefore,
resulting in take, could impact State DOT projects: destruction or
alteration of the species' habitat by discharge of fill material;
dredging or modification of stream channels or banks; and discharge of
pollutants into a stream or into areas hydrologically connected to a
stream occupied by the species.
Our Response: The majority of the stream channels currently
occupied by the Suwannee moccasinshell, including the Suwannee River
mainstem and the lower Withlacoochee River, are also occupied by, or
designated as critical habitat for, the federally threatened Gulf
sturgeon. The lower Santa Fe River is the only area occupied by
Suwannee moccasinshell, but not by Gulf sturgeon. Therefore, because
activities that affect the Suwannee moccasinshell would also affect the
Gulf sturgeon or its habitat (for example, dredging, filling,
modification of stream channels or banks, and discharge of pollutants),
in the majority of the Suwannee moccasinshell's current range, the FDOT
already consults on such activities. When formal section 7 consultation
is required, we will work with the FDOT to find solutions that will
reduce impacts to all listed species and aquatic habitats, while
allowing the activity to proceed.
Public Comments
(9) Comment: One commenter expressed concern about our finding that
forestry is a contributing threat to the Suwannee moccasinshell. The
commenter provided information on the implementation rates and
effectiveness of forestry BMPs and cited various studies purported to
demonstrate that forestry BMPs minimize erosion and sediment transport
to streams below levels that degrade aquatic habitats and/or harm
aquatic species, including the Suwannee moccasinshell.
Response: We appreciate the commenters' support of forestry BMPs as
a means of protecting water quality and we concur that, when properly
implemented, forestry BMPs can reduce erosion and sedimentation levels,
especially as compared to past forestry practices. However, the best
available data indicate that, even when forestry BMPs are properly
implemented, erosion rates at harvested sites, skid trails, unpaved
haul roads, and stream crossings are significantly higher than from
undisturbed sites. We consider sediment from silvicultural activities
to be one of many potential sediment sources within the Suwannee River
watershed.
Summary of Changes From the Proposed Rule
After consideration of the comments we received during the public
comment period (refer to Summary of Comments and Recommendations
above), and new information published or obtained since the proposed
rule was published, we made changes to the final listing rule. Many
small, nonsubstantive changes and corrections, not affecting the
determination (e.g., updating the Background section in response to
comments, minor clarifications) were made throughout the document.
Below is a summary of substantive changes made to the final rule.
(1) The Taxonomy discussion was refined slightly. The
distinctiveness of Suwannee moccasinshell as a separate species was
further bolstered by a recent study (Johnson et al. in Press).
(2) Table 2 was added to provide a clear and updated summary of all
recent survey information.
(3) The flathead catfish (Pylodictis olivaris) was removed as a
threat to reflect information provided by the Florida FWC indicating
that flathead catfish have not become established in the Suwannee River
Basin.
(4) Stream Channel Instability was added as a threat under Factor
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range. The new discussion adds threats identified by
a peer reviewer that include scouring flows, boat wakes, and deadhead
logging.
Summary of Biological Status
Below we present a summary of the biological and distributional
information discussed in the proposed listing rule. We also present new
information published or obtained since the proposed rule was
published, including a study by Johnson et al. (in Press), additional
survey data, and information received during the comment period.
The Suwannee moccasinshell (Medionidus walkeri) is a small
freshwater mussel of the family Unionidae. The species was originally
described by B.H. Wright in 1897. It was briefly considered a synonym
of Medionidus penicillatus (Clench and
[[Page 69420]]
Turner 1956), but subsequently was recognized as a valid species by
Johnson (1977, pp. 176-177), who described walkeri as being ``quite
distinct'' from the other members of the genus. Its sharp posterior
ridge and generally dark, rayless shell distinguishes it from other
species of Medionidus in Gulf drainages (Johnson 1977, p. 177; Williams
and Butler 1994, p. 86). Its distinctiveness as a separate species is
recognized by recent authors (Williams and Butler 1994, pp. 85-86;
Williams et al. 2014, pp. 278-280; Johnson et al. in Press).
The Suwannee moccasinshell typically inhabits larger streams where
it is found in substrates composed of muddy sand or sand with some
gravel, and in areas with slow to moderate current (Williams and Butler
1994, p. 86; Williams 2015, p. 2). The species is also associated with
large woody material, and individuals are often found near embedded
logs. Like other freshwater mussels, the Suwannee moccasinshell
requires a fish host to complete its life cycle. Reproduction in
freshwater mussels is unique in that they require specific fish species
to serve as hosts for their larvae (called glochidia); the larval
mussel must attach to the gills or fins of a suitable host fish in
order to transform into a juvenile mussel. Parasitism serves as a means
of upstream dispersal for this relatively sedentary group of organisms
(Haag 2012, p. 145). A recent study examining the early life history of
the Suwannee moccasinshell has provided information about its
reproductive biology. Females were found gravid with mature glochidia
from October to May (Johnson et al. in Press). In laboratory trials,
Suwannee moccasinshell glochidia transformed only on darters--primarily
on the blackbanded darter (Percina nigrofasciata) and to a lesser
extent on the brown darter (Etheostoma edwini)--indicating that the
mussel is a host specialist and dependent on darters for reproduction
(Johnson et al. in Press). Darters are small, bottom-dwelling fish that
generally do not move considerable distances (Freeman 1995, pp. 363-
365; Holt 2013, p. 657). Thus, the exclusive use of darters as a host
may limit the Suwannee moccasinshell's ability to disperse and to
recolonize some areas from which it has become extirpated.
The Suwannee moccasinshell is endemic to the Suwannee River Basin
in Florida and Georgia. Its historical range includes the lower and
middle Suwannee River mainstem, and two large tributary rivers--the
Santa Fe River subbasin and the lower Withlacoochee River mainstem
(Williams 2015, p. 7). An evaluation of historical and recent
collection data show that its range has declined in recent decades, and
the species is presently known only from the middle Suwannee River and
lower Santa Fe River in Florida. In the Suwannee River mainstem, the
species occurs intermittently throughout a 75-mile (121-kilometer)
reach of the middle river, and sporadically in a 28-mile (45-kilometer)
segment of the lower Santa Fe River. The species was not detected in
recent surveys in the Withlacoochee River or in the upper Santa Fe
River subbasin. A summary of Suwannee moccasinshell occurrence and
distribution by waterbody are shown in Table 1 below.
In addition to a reduction of range, recent surveys targeting the
Suwannee moccasinshell show that its numbers are very low. Florida FWC
and Georgia Department of Natural Resources biologists surveyed 144
sites during 2013-2015, covering nearly all of its historical range
(FFWCC 2015 unpub. data; USFWS 2015 unpub. data). Suwannee
moccasinshell densities were found to be exceedingly low in comparison
to other mussel species, particularly in the lower Santa Fe River. A
summary of survey results are shown in Table 2 below.
Table 1--Summary of Suwannee Moccasinshell Populations by Waterbody
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Distribution and
Water body State and county Occurrence * abundance
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Suwannee River mainstem.................... FL: Madison Suwannee, Recent............ Occurs in a 75-mile
Lafayette, Gilchrist, reach of middle
Dixie, Levy. river; abundance low
but population
stable. May be
extirpated from the
lower river.
Lower Santa Fe River....................... FL: Suwannee, Recent............ Occurs in 28-mile
Gilchrist, Columbia, reach in lower river;
Alachua, Union, drastic decline and
Bradford. abundance very low.
Upper Santa Fe and New Rivers.............. FL: Union, Alachua, Historical........ May be extirpated;
Bradford. last collected in
system in 1996.
Withlacoochee River........................ GA: Brooks, Lowndes;... Historical........ May be extirpated;
FL: Madison, Hamilton.. last collected in
system in 1969.
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* Recent occurrence is based on collections made from 2000 to 2015; historical occurrence is based on
collections made prior to 2000.
Table 2--Summary of 2013-2015 Suwannee Moccasinshell Surveys by Waterbody
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Number of Live suwannee
Water body Survey year sites Total mussels moccasinshells
----------------------------------------------------------------------------------------------------------------
Suwannee River mainstem......................... 2013-2015 103 15,195 73
Lower Santa Fe River............................ 2015 15 7,044 1
Upper Santa Fe and New Rivers................... 2015 19 1,969 0
Withlacoochee River............................. 2014-2015 17 4,377 0
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Historical mussel collection data are often limited, making it
difficult to compare trends in abundance over time. However, it does
seem clear from museum collections that Suwannee moccasinshell numbers
have declined over time, especially in the Santa Fe River subbasin
where it has declined dramatically in recent decades (see our
discussion on page 60339 of the proposed rule (80 FR 60335, October 6,
2015). Despite its low abundance, populations in the Suwannee River
mainstem presently appear to be stable. We attribute its persistence in
the mainstem to the stability of habitat and the attenuation of certain
threats by larger flow volumes (threats are summarized below).
Summary of Threats
Below we present a summary of the threats information discussed in
the proposed listing rule. We also present new information published or
obtained since the proposed rule was published
[[Page 69421]]
and information received during the comment period.
Factor A. The Present or Threatened Destruction, Modification, or
Curtailment of Its Habitat or Range
The stream habitats of freshwater mussels are vulnerable to
degradation and modification from a number of threats associated with
modern civilization. Within the Suwannee River Basin, a rapidly growing
human population and changing land use represent significant threats to
the aquatic ecosystem, primarily through pollution and water withdrawal
(Katz and Raabe 2005, p. 14). The Suwannee moccasinshell's habitat is
subject to degradation as a result of pollutants discharged from
industries, mines, and sewage treatment facilities, polluted runoff
from agricultural lands, reduced flows as a result of groundwater
extraction and drought, and stream channels destabilized by scouring
floods and other perturbations.
Two pollutants of particular concern to the Suwannee moccasinshell
are ammonia and pesticides. Both are highly toxic to freshwater
mussels, particularly juveniles, and both are widely used on
agricultural lands within the basin. Ammonia is also a common pollutant
in wastewater discharged into streams of the basin by numerous
permitted wastewater treatment facilities. Another concern is that
nitrogen and phosphorus levels have increased within the range of the
Suwannee moccasinshell. In excess, these two plant nutrients may
indirectly affect the species by causing algal blooms that deplete
oxygen and cause dense mats of filamentous algae that entrain
juveniles.
Perhaps the most significant threat to Suwannee moccasinshell
populations is flow reduction due to the withdrawal of groundwater.
Groundwater pumping for agricultural purposes in neighboring basins,
along with periods of extreme drought conditions, has caused
unprecedented declines in groundwater levels, resulting in decreases in
the amount of groundwater entering streams of the basin. Flow declines
of approximately 30 percent have been observed in the lower Santa Fe
and lower Suwannee Rivers; the upper Santa Fe River, once a perennial
system, has gone dry multiple times since 2000 (Johnson et al. in
Press). Reduced flows may exacerbate drought conditions (elevating
temperature, pH, and pollutant concentrations (causing biotic die-off,
and reducing dissolved oxygen), which in turn may have lethal or other
harmful effects (prematurely aborting glochidia, reduced growth rates)
to the species, or may cause stranding mortality.
Stream Channel Instability
In the following paragraphs, we include a full discussion of stream
channel instability, a threat identified by a peer reviewer and not
discussed in the proposed rule.
The Suwannee moccasinshell requires geomorphically stable stream
channels to maintain its habitats. Channel instability occurs when the
natural erosion process is accelerated, leading to erosion
(degradation) and sediment deposition (aggradation). Channel
instability can cause profound changes to mussel habitats due to
scouring and sediment deposition (Hartfield 1993, p. 138). Channels can
become destabilized as a result of physical alterations to the stream
channel (such as dredging, straightening, impounding, and hardening),
and because of alterations to the flow regime. Changes to land use that
accelerate surface runoff (for example, croplands and development) can
increase the amount and rate in which stormwater runoff enters stream
channels, causing increases in flow volume and velocity. These more
forceful flows can scour the streambed and banks and eventually lead to
channel incision (lowering of the streambed) (Booth 1990, p. 407; Wood
and Armitage 1997, pp. 204-205; Doyle et al. 2000, pp. 156-157, 175).
Disturbance to riparian areas (particularly the removal of vegetation)
can also lead to bank erosion (Rosgen 1996, pp. 8-11). This accelerated
erosion process can also cause sedimentation in downstream areas
(Waters 1995, pp. 44-47, 172; Rosgen 1996, pp. 6-31, 8-32-33; Doyle et
al. 2000, p. 156). Sampling conducted in 2015 by FWC biologists in a
reach of the Santa Fe River in Alachua County revealed the river has
highly eroded banks and an incised channel with much unconsolidated
sand substrates (FFWCC 2015 unpub. data). Increased stormwater runoff
from a nearby town and surrounding agricultural lands are likely
responsible for these changes in channel geomorphology (M. Rowe, in
litt.).
Other sources of physical disturbance to mussel habitat include
motorboat wakes frequently striking shores and the removal of large
woody material. Boat wakes have been shown to cause significant bank
erosion and sediment resuspension in river systems (Bauer et al. 2002,
pp. 156-161). This problem appears to be especially severe in the lower
Santa Fe River, which is a relatively narrow channel and is frequented
by large numbers of motorboats (M. Rowe, in litt.). The removal of
large woody material, especially wood embedded in the substrate, can
cause the destabilization of microhabitat occupied by the Suwannee
moccasinshell. Suwannee moccasinshell individuals are often found near
embedded logs, which may stabilize the habitat and provide refuge for
its host fishes. Over 7,200 pre-cut submerged (deadhead) logs have been
removed from the Suwannee River, more than any other river in Florida
(FDEP 2014 unpub. data). The removal of deadhead logs and snags can
compromise habitat stability and affect channel morphology (Watters
1999, p. 269; Linohss et al. 2012, p. 160).
Many of the threats discussed above are greater in the two
tributary systems, as evidenced by the species' possible disappearance
from the Withlacoochee River and upper Santa Fe River subbasins.
Currently, nearly the entire population resides in the middle reach of
the Suwannee River mainstem. In the mainstem, flows are generally
sustained, and pollutant concentrations may be diluted by larger flow
volumes. In addition, geomorphically stable limestone and reduced
surface runoff contribute to habitat stability in the mainstem Suwannee
River.
While there are programs in place that may indirectly alleviate
some detrimental impacts on aquatic habitats, there currently are no
conservation efforts designed specifically to protect or recover
Suwannee moccasinshell populations. Therefore, we conclude that habitat
degradation is presently a significant threat to Suwannee moccasinshell
populations in the Withlacoochee and Santa Fe River subbasins, and a
moderate threat to populations in the Suwannee River main channel. This
threat is expected to continue into the future and, because it is
linked to human activities, is expected to increase as the human
population within the Suwannee River Basin grows.
Factor B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
The Suwannee moccasinshell is not a commercially valuable species,
and collecting is not considered a factor in its decline. Therefore, we
do not consider overutilization to be a threat to the Suwannee
moccasinshell at this time.
Factor C. Disease or Predation
We have no specific information indicating that disease or
predation is negatively impacting Suwannee moccasinshell populations.
Therefore,
[[Page 69422]]
we do not consider these to be threats to the Suwannee moccasinshell at
this time.
Factor D. The Inadequacy of Existing Regulatory Mechanisms
Despite existing authorities such as the Clean Water Act,
pollutants continue to impair water quality throughout the range of the
Suwannee moccasinshell. State and Federal regulatory mechanisms have
helped reduce the negative effects of point source discharges since the
1970s, yet these regulations are difficult to implement and regulate,
and may not provide adequate protection for sensitive aquatic organisms
like freshwater mussels. While new water quality criteria are being
developed that take into account more sensitive aquatic species, most
criteria currently do not. Thus, we conclude that existing regulatory
mechanisms do not adequately protect the Suwannee moccasinshell.
Factor E. Other Natural or Manmade Factors Affecting Its Continued
Existence
Several other natural and manmade factors are negatively impacting
the Suwannee moccasinshell. The Gulf coastal region is prone to extreme
hydrologic events including droughts and flooding. Extended droughts
(along with groundwater extraction) can cause severely reduced flows,
exposing mussels to higher water temperatures, lower dissolved oxygen
levels, and predators. Heavy rainfall events can cause scouring floods
that dislodge mussels and alter stream channels, especially in smaller
streams. Although floods and droughts are a natural part of the
hydrologic processes that occur in river systems, these events may
exacerbate the decline of mussel populations suffering the effects of
other threats.
Accidental contaminant releases from industrial and municipal
facilities and mining operations are a constant threat to the Suwannee
moccasinshell as numerous potential sources are present throughout the
basin, and these spills have occurred in the past. Spills as a result
of transportation accidents are a potential threat as numerous
railroads and highways traverse the basin. Because of the linear nature
of the Suwannee moccasinshell's habitat and its reduced range, a major
contaminant spill has the potential to impact a large portion of the
population.
The introduced Asian clam (Corbicula fluminea) is widespread in the
Suwannee River Basin, and can be found in high densities within the
range of the Suwannee moccasinshell. Although the specific interaction
between the Asian clam and native mussels is not well understood,
enough information exists to conclude that dense Asian clam populations
would negatively affect native mussels.
Numerous impacts associated with changing climatic patterns may
amplify stressors currently impacting the Suwannee moccasinshell,
including the prospect of more frequent and intense droughts and
increased temperatures. These changes would further exacerbate current
problems associated with reduced flows and degraded water quality.
Saltwater encroachment also has the potential to impact moccasinshell
populations in the lower river, especially during low flow conditions.
The variables related to climate change are complex, and it is
difficult to predict all of the possible ways climate change will
affect Suwannee moccasinshell populations. However, information
available is sufficient to indicate that climate change is a
significant threat in the future, as it will likely exacerbate certain
stressors already affecting the species.
Finally, the Suwannee moccasinshell's small population size and
restricted range make it more vulnerable to threats associated with
habitat degradation and catastrophic events. Therefore, we find that
other natural or manmade factors, as a whole, pose a significant threat
to the Suwannee moccasinshell, both now and continuing into the future.
Determination
Section 4 of the Act (16 U.S.C. 1533), and its implementing
regulations at 50 CFR part 424, set forth the procedures for adding
species to the Federal Lists of Endangered and Threatened Wildlife and
Plants. Under section 4(a)(1) of the Act, we may list a species based
on (A) The present or threatened destruction, modification, or
curtailment of its habitat or range; (B) Overutilization for
commercial, recreational, scientific, or educational purposes; (C)
Disease or predation; (D) The inadequacy of existing regulatory
mechanisms; or (E) Other natural or manmade factors affecting its
continued existence. Listing actions may be warranted based on any of
the above threat factors, singly or in combination.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Suwannee moccasinshell. The primary reason for the Suwannee
moccasinshell's decline is the degradation of its habitat due to
polluted runoff from agricultural lands, polluted discharges from
industrial and municipal facilities and mining operations, decreased
flows due to groundwater extraction and drought, and stream channel
instability (Factor A). These threats occur throughout its range, but
are more intense in the two tributaries, the Withlacoochee and Santa Fe
River systems. In portions of its range, sedimentation has also
impacted its habitat.
Other threats to the species include State and Federal water
quality standards that are inadequate to protect sensitive aquatic
organisms like mussels (Factor D); accidental contaminant releases from
industrial, municipal, and mining sources, and as a result of
transportation accidents (Factor E); increased drought frequency and
higher temperatures as a result of changing climatic conditions (Factor
E); greater vulnerability to certain threats because of small
population size and range (Factor E); and competition and disturbance
from the introduced Asian clam (Factor E). These threats have resulted
in the decline of the species throughout its range, and pose the
highest risk to populations in the two tributary systems, as evidenced
by the species' decline and possible disappearance in the Withlacoochee
River, and its decline in the Santa Fe River subbasin. In addition, the
species likely has a limited ability to disperse and, therefore, may
not be able recolonize areas from which it has been extirpated.
Currently, nearly the entire population resides in the middle and
lower reach of the Suwannee River main channel, where the two greatest
threats, pollutants and reduced flows, are attenuated by higher flow
volumes. Therefore, Suwannee moccasinshell populations in the
Withlacoochee and Santa Fe River subbasins are presently facing threats
that are high in magnitude, and populations in the Suwannee River main
channel are presently facing threats that are moderate in magnitude.
Most of these threats, including reduced flows, pollution, degraded
water quality, and channel instability, are expected to increase in the
future due to human population growth and climate change.
The Act defines an endangered species as any species that is ``in
danger of extinction throughout all or a significant portion of its
range'' and a threatened species as any species ``that is likely to
become endangered throughout all or a significant portion of its range
within the foreseeable future.'' We find that the Suwannee
moccasinshell presently is likely to
[[Page 69423]]
become endangered throughout all or a significant portion of its range
within the foreseeable future based on the severity and immediacy of
threats currently impacting the species. The Suwannee moccasinshell's
range and abundance have been reduced, and its remaining habitat and
populations are threatened by a variety of factors acting in
combination to reduce the overall viability of the species. The risk of
becoming endangered is high because remaining populations are small,
linearly distributed within the mainstem Suwannee River, and numerous
threats can impact those populations.
Under the Act and our implementing regulations, a species may
warrant listing if it is endangered or threatened throughout all or a
significant portion of its range. Because we have determined that the
Suwannee moccasinshell is threatened throughout all of its range, no
portion of its range can be ``significant'' for purposes of the
definitions of ``endangered species'' and ``threatened species.'' See
the Final Policy on Interpretation of the Phrase ``Significant Portion
of Its Range'' in the Endangered Species Act's Definitions of
``Endangered Species'' and ``Threatened Species'' (79 FR 37577, July 1,
2014).
Therefore, on the basis of the best available scientific and
commercial information, we are listing the Suwannee moccasinshell as
threatened in accordance with sections 3(6) and 4(a)(1) of the Act. We
find that endangered species status is not appropriate, because despite
low population densities and numerous threats, the populations in the
mainstem presently appear to be stable, which has been attributed to
the threats being attenuated and the streambed habitat being stable.
Critical Habitat
Section 3(5)(A) of the Act defines critical habitat as: (i) The
specific areas within the geographical area occupied by the species, at
the time it is listed on which are found those physical or biological
features (I) essential to the conservation of the species and (II)
which may require special management considerations or protection; and
(ii) specific areas outside the geographical area occupied by the
species at the time it is listed upon a determination by the Secretary
that such areas are essential for the conservation of the species.
Section 4(a)(3) of the Act and implementing regulations (50 CFR
424.12) require that we designate critical habitat at the time a
species is determined to be an endangered or threatened species, to the
maximum extent prudent and determinable. Our regulations (50 CFR
424.12(a)(1)) state that designation of critical habitat is not prudent
when one or both of the following situations exist: (1) The species is
threatened by taking or other activity and the identification of
critical habitat can be expected to increase the degree of threat to
the species; or (2) such designation of critical habitat would not be
beneficial to the species. As discussed above (see Factor B
discussion), there is currently no imminent threat of take or other
overutilization for this species, and identification and mapping of
critical habitat is not expected to initiate any such threat. In the
absence of finding that the designation of critical habitat would
increase threats to a species, if there are any benefits to a critical
habitat designation, a finding that designation is prudent is
warranted. Here, the potential benefits of designation include: (1)
Triggering consultation under section 7 of the Act, in new areas for
action in which there may be a Federal nexus where it would not
otherwise occur because, for example, it is unoccupied; (2) focusing
conservation activities on the most essential features and areas; (3)
providing educational benefits to State or county governments or
private entities; and (4) preventing inadvertent harm to the species.
Accordingly, because we have determined that the designation of
critical habitat will not likely increase the degree of threat to the
species and may provide some measure of benefit, we determine that
designation of critical habitat is prudent for the Suwannee
moccasinshell.
Having determined that designation is prudent, under section
4(a)(3) of the Act we must find whether critical habitat for the
species is determinable. Our regulations at 50 CFR 424.12(a)(2) state
that critical habitat is not determinable when one or both of the
following situations exist: (i) Information sufficient to perform
required analyses of the impacts of the designation is lacking, or (ii)
the biological needs of the species are not sufficiently well known to
permit identification of an area as critical habitat.
As discussed above, we have reviewed the available information
pertaining to the biological needs of the species and habitat
characteristics where this species is located. On the basis of a review
of available information, we find that critical habitat for the
Suwannee moccasinshell is not determinable because the specific
information sufficient to perform the required analysis of the impacts
of the designation is currently lacking, such as information on areas
to be proposed for designation and the potential economic impacts
associated with designation of these areas. We are in the process of
obtaining this information, and we intend to publish a proposed rule in
the Federal Register to designate critical habitat for the Suwannee
moccasinshell in the near future.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened species under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness, and
conservation by Federal, State, Tribal, and local agencies, private
organizations, and individuals. The Act encourages cooperation with the
States and requires that recovery actions be carried out for all listed
species. The protection required by Federal agencies and the
prohibitions against certain activities are discussed, in part, below.
The primary purpose of the Act is the conservation of endangered
and threatened species and the ecosystems upon which they depend. The
ultimate goal of such conservation efforts is the recovery of these
listed species, so that they no longer need the protective measures of
the Act. Subsection 4(f) of the Act requires the Service to develop and
implement recovery plans for the conservation of endangered and
threatened species. The recovery planning process involves the
identification of actions that are necessary to halt or reverse the
species' decline by addressing the threats to its survival and
recovery. The goal of this process is to restore listed species to a
point where they are secure, self-sustaining, and functioning
components of their ecosystems.
Recovery planning includes the development of a recovery outline
shortly after a species is listed and preparation of a draft and final
recovery plan. The recovery outline guides the immediate implementation
of urgent recovery actions and describes the process to be used to
develop a recovery plan. Revisions of the plan may be done to address
continuing or new threats to the species, as new substantive
information becomes available. The recovery plan identifies site-
specific management actions that set a trigger for review of the five
factors that control whether a species remains endangered or may be
downlisted or delisted, and methods for monitoring recovery progress.
Recovery plans also establish a framework for agencies to coordinate
[[Page 69424]]
their recovery efforts and provide estimates of the cost of
implementing recovery tasks. Recovery teams (composed of species
experts, Federal and State agencies, nongovernmental organizations, and
stakeholders) are often established to develop recovery plans. When
completed, the recovery outline, draft recovery plan, and the final
recovery plan will be available on our Web site (http://www.fws.gov/endangered) or from our Panama City Ecological Services Field Office
(see FOR FURTHER INFORMATION CONTACT).
Implementation of recovery actions generally requires the
participation of a broad range of partners, including other Federal
agencies, States, Tribal, nongovernmental organizations, businesses,
and private landowners. Examples of recovery actions include habitat
restoration (e.g., restoration of native vegetation), research,
captive-propagation and reintroduction, and outreach and education. The
recovery of many listed species cannot be accomplished solely on
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires
cooperative conservation efforts on private, State, and Tribal lands.
Following publication of this final listing rule, funding for
recovery actions will be available from a variety of sources, including
Federal budgets, State programs, and cost-share grants for non-Federal
landowners, the academic community, and nongovernmental organizations.
In addition, pursuant to section 6 of the Act, the States of Florida
and Georgia will be eligible for Federal funds to implement management
actions that promote the protection or recovery of the Suwannee
moccasinshell. Information on our grant programs that are available to
aid species recovery can be found at: http://www.fws.gov/grants.
Please let us know if you are interested in participating in
recovery efforts for the Suwannee moccasinshell. Additionally, we
invite you to submit any new information on this species whenever it
becomes available and any information you may have for recovery
planning purposes (see FOR FURTHER INFORMATION CONTACT).
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is listed as an endangered or
threatened species and with respect to its critical habitat, if any is
designated. Regulations implementing this interagency cooperation
provision of the Act are codified at 50 CFR part 402. Section 7(a)(2)
of the Act requires Federal agencies to ensure that activities they
authorize, fund, or carry out are not likely to jeopardize the
continued existence of any endangered or threatened species or destroy
or adversely modify its critical habitat. If a Federal action may
affect a listed species or its critical habitat, the responsible
Federal agency must enter into consultation with the Service.
Federal agency actions within the species' habitat that may require
consultation as described in the preceding paragraph include issuance
of section 404 Clean Water Act permits by the U.S. Army Corps of
Engineers; construction and maintenance of roads, highways, or bridges
by the U.S. Department of Transportation's Federal Highway
Administration; funding of various projects administered by the U.S.
Department of Agriculture's Natural Resources Conservation Service and
the Federal Emergency Management Agency; and management and any other
landscape-altering activities on Federal lands administered by the U.S.
Fish and Wildlife Service or the U.S. Forest Service.
Under section 4(d) of the Act, the Service has discretion to issue
regulations that we find necessary and advisable to provide for the
conservation of threatened species. The Act and its implementing
regulations set forth a series of general prohibitions and exceptions
that apply to threatened wildlife. The prohibitions of section 9(a)(1)
of the Act, as applied to threatened wildlife through regulations
codified at 50 CFR 17.31, make it illegal for any person subject to the
jurisdiction of the United States to take (which includes harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect; or to
attempt any of these) threatened wildlife within the United States or
on the high seas. In addition, it is unlawful to import; export;
deliver, receive, carry, transport, or ship in interstate or foreign
commerce in the course of commercial activity; or sell or offer for
sale in interstate or foreign commerce any listed species. It is also
illegal to possess, sell, deliver, carry, transport, or ship any such
wildlife that has been taken illegally. Certain exceptions apply to
employees of the Service, the National Marine Fisheries Service, other
Federal land management agencies, and State conservation agencies.
We may issue permits to carry out otherwise prohibited activities
involving threatened wildlife under certain circumstances. Regulations
governing permits are codified at 50 CFR 17.32. With regard to
threatened wildlife, a permit may be issued for scientific purposes, to
enhance the propagation or survival of the species, and for incidental
take in connection with otherwise lawful activities. There are also
certain statutory exemptions from the prohibitions, which are found in
sections 9 and 10 of the Act.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), to identify to the maximum extent practicable at
the time a species is listed, those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of a final listing
on proposed and ongoing activities within the range of a listed
species. Based on the best available information, the following actions
may result in a violation of section 9 of the Act; this list is not
comprehensive:
(1) Unauthorized handling or collecting of the species;
(2) Destruction or alteration of the species' habitat by discharge
of fill material, dredging, snagging, impounding, channelization, or
modification of stream channels or banks;
(3) Discharge of pollutants into a stream or into areas
hydrologically connected to a stream occupied by the species; and
(4) Diversion or alteration of surface or ground water flow.
Questions regarding whether specific activities would constitute a
violation of section 9 of the Act should be directed to the Panama City
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
Required Determinations
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act need not be prepared in connection with
listing a species as an endangered or threatened species under the
Endangered Species Act. We published a notice outlining our reasons for
this determination in the Federal Register on October 25, 1983 (48 FR
49244).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175 (Consultation and
Coordination With Indian Tribal Governments), and the Department of
[[Page 69425]]
the Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
tribes in developing programs for healthy ecosystems, to acknowledge
that tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to tribes. The Suwannee moccasinshell is not
known to occur within any tribal lands or waters.
References Cited
A complete list of references cited in this rulemaking is available
on the Internet at http://www.regulations.gov and upon request from the
Panama City Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
Authors
The primary authors of this final rule are the staff members of the
Panama City Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as follows:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245; unless
otherwise noted.
0
2. Amend Sec. 17.11(h) by adding an entry for ``Moccasinshell,
Suwannee'' to the List of Endangered and Threatened Wildlife in
alphabetical order under CLAMS to read as set forth below:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations and
Common name Scientific name Where listed Status applicable rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
CLAMS
* * * * * * *
Moccasinshell, Suwannee........ Medionidus walkeri Wherever found.... T 81 FR [Insert Federal
Register page where
the document begins];
October 6, 2016.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: September 26, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-24138 Filed 10-5-16; 8:45 am]
BILLING CODE 4333-15-P