[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Proposed Rules]
[Pages 64852-64865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17249]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2021-0065; FXES1111090FEDR-245-FF09E21000]
RIN 1018-BH40


Endangered and Threatened Wildlife and Plants; Endangered Species 
Status for the Long Valley Speckled Dace

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
list the Long Valley speckled dace (Rhinichthys nevadensis caldera), a 
fish native to California, as an endangered species under the 
Endangered Species Act of 1973, as amended (Act). This determination 
also serves as our 12-month finding on a petition to list the Long 
Valley speckled dace. After a review of the best available scientific 
and commercial information, we find that listing the subspecies is 
warranted. Accordingly, we propose to list the Long Valley speckled 
dace as an endangered species under the Act. If we finalize this rule 
as proposed, it would add this subspecies to the List of Endangered and 
Threatened Wildlife and extend the Act's protections to the subspecies. 
We have determined that designation of critical habitat for the Long 
Valley speckled dace is not determinable at this time.

DATES: We will accept comments received or postmarked on or before 
October 7, 2024. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 
p.m. eastern time on the closing date. We must receive requests for a 
public hearing, in writing, at the address shown in FOR FURTHER 
INFORMATION CONTACT by September 23, 2024.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R8-ES-2021-0065, 
which is the docket number for this rulemaking. Then, click on the 
Search button. On the resulting page, in the panel on the left side of 
the screen, under the Document Type heading, check the Proposed Rule 
box to locate this document. You may submit a comment by clicking on 
``Comment.''
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-R8-ES-2021-0065, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Information Requested, below, for more information).
    Availability of supporting materials: Supporting materials, such as 
the species status assessment report, are available at https://www.regulations.gov at Docket No. FWS-R8-ES-2021-0065.

[[Page 64853]]


FOR FURTHER INFORMATION CONTACT: Justin Barrett, Deputy Field 
Supervisor, Reno Fish and Wildlife Office, U.S. Fish and Wildlife 
Service, 1340 Financial Boulevard, Suite 234, Reno, NV 89502; telephone 
775-861-6338. 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 international calls to the point-of-contact in 
the United States. Please see Docket No. FWS-R8-ES-2021-0065 on https://www.regulations.gov for a document that summarizes this proposed rule.

SUPPLEMENTARY INFORMATION:

Executive Summary

    Why we need to publish a proposed rule. The Act (16 U.S.C. 1531 et 
seq.) defines the term ``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. 
Under the Act, a species warrants listing if it meets the definition of 
an endangered species (in danger of extinction throughout all or a 
significant portion of its range) or a threatened species (likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range). If we determine that a 
species warrants listing, we must list the species promptly and 
designate the species' critical habitat to the maximum extent prudent 
and determinable. We have determined that the Long Valley speckled dace 
meets the definition of an endangered species; therefore, we are 
proposing to list it as such. Listing a species as an endangered or 
threatened species can be completed only by issuing a proposed rule 
through the Administrative Procedure Act rulemaking process (5 U.S.C. 
551 et seq.).
    What this document does. We propose to list the Long Valley 
speckled dace as an endangered species under the Act.
    The basis for our action. Under the Act, we may determine that a 
species is an endangered or threatened species because of 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 Long Valley speckled 
dace is endangered due to the following threats: disease; introduced 
species; grazing; recreation; a trout hatchery; geothermal development; 
climate change; and effects of small population size.
    Section 4(a)(3) of the Act requires the Secretary of the Interior 
(Secretary), to the maximum extent prudent and determinable, 
concurrently with listing designate critical habitat for the species. 
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(b)(2) of the Act states that the Secretary must make the designation 
on the basis of the best scientific data available and after taking 
into consideration the economic impact, the impact on national 
security, and any other relevant impacts of specifying any particular 
area as critical habitat.
    We determined that designating critical habitat for the Long Valley 
speckled dace is prudent but not determinable at this time. We will 
coordinate with partners to obtain data sufficient to perform the 
required analysis of the impacts to inform our proposed critical 
habitat designation. When critical habitat is not determinable, the Act 
allows the Service an additional year to publish a critical habitat 
designation (16 U.S.C. 1533(b)(6)(C)(ii)).

Information Requested

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from other governmental agencies, Native 
American Tribes, the scientific community, industry, or any other 
interested parties concerning this proposed rule. We particularly seek 
comments concerning:
    (1) The Long Valley speckled dace's biology, range, and population 
trends, including:
    (a) Biological or ecological requirements of the subspecies, 
including habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range, including distribution patterns 
and the locations of any additional populations of this subspecies;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the subspecies, its 
habitat, or both.
    (2) Threats and conservation actions affecting the subspecies, 
including:
    (a) Factors that may be affecting the continued existence of the 
subspecies, which may include habitat modification or destruction, 
overutilization, disease, predation, the inadequacy of existing 
regulatory mechanisms, or other natural or manmade factors;
    (b) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to this subspecies; and
    (c) Existing regulations or conservation actions that may be 
addressing threats to this subspecies.
    (3) Additional information concerning the historical and current 
status of this subspecies.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for, or 
opposition to, the action under consideration without providing 
supporting information, although noted, do not provide substantial 
information necessary to support a determination. Section 4(b)(1)(A) of 
the Act directs that determinations as to whether any species is an 
endangered or a threatened species must be made solely on the basis of 
the best scientific and commercial data available.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit information via https://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the website. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we

[[Page 64854]]

used in preparing this proposed rule, will be available for public 
inspection on https://www.regulations.gov.
    Our final determination may differ from this proposal because we 
will consider all comments we receive during the comment period as well 
as any information that may become available after this proposal. Based 
on the new information we receive (and, if relevant, any comments on 
that new information), we may conclude that the Long Valley speckled 
dace is threatened instead of endangered, or we may conclude that the 
subspecies does not warrant listing as either an endangered species or 
a threatened species. In our final rule, we will clearly explain our 
rationale and the basis for our final decision, including why we made 
changes, if any, that differ from this proposal.

Public Hearing

    Section 4(b)(5) of the Act provides for a public hearing on this 
proposal, if requested. Requests must be received by the date specified 
in DATES. Such requests must be sent to the address shown in FOR 
FURTHER INFORMATION CONTACT. We will schedule a public hearing on this 
proposal, if requested, and announce the date, time, and place of the 
hearing, as well as how to obtain reasonable accommodations, in the 
Federal Register and local newspapers at least 15 days before the 
hearing. We may hold the public hearing in person or virtually via 
webinar. We will announce any public hearing on our website, in 
addition to the Federal Register. The use of virtual public hearings is 
consistent with our regulations at 50 CFR 424.16(c)(3).

Previous Federal Actions

    On June 24, 2020, the Service received a petition, dated June 8, 
2020, from the Center for Biological Diversity (CBD) requesting that 
the Long Valley speckled dace and two other speckled dace entities in 
the Death Valley region be listed as endangered or threatened species 
and critical habitat be designated under the Act. On September 29, 
2021, we published in the Federal Register (86 FR 53937) a 90-day 
finding that the petition presented substantial scientific or 
commercial information indicating that listing the Long Valley speckled 
dace may be warranted.

Peer Review

    A species status assessment (SSA) team prepared an SSA report for 
the Long Valley speckled dace (Service 2023, entire). The SSA team was 
composed of Service biologists, in consultation with other species 
experts. The SSA report represents a compilation of the best scientific 
and commercial data available concerning the status of the species, 
including the impacts of past, present, and future factors (both 
negative and beneficial) affecting the species.
    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), and our August 22, 
2016, memorandum updating and clarifying the role of peer review in 
listing and recovery actions under the Act, we solicited independent 
scientific review of the information contained in the Long Valley 
speckled dace SSA report. We sent the SSA report to four independent 
peer reviewers and received responses from all four reviewers. Results 
of this structured peer review process can be found at https://www.regulations.gov. In preparing this proposed rule, we incorporated 
the results of these reviews, as appropriate, into the SSA report, 
which is the foundation for this proposed rule.

Summary of Peer Reviewer Comments

    As discussed above in Peer Review, we received comments from four 
peer reviewers on the draft SSA report. We reviewed all comments for 
substantive issues and new information regarding the material contained 
in the SSA report. Reviewers generally provided additional references, 
clarifications, and suggestions for the SSA report. We updated the SSA 
report based on the information we received and worked with researchers 
to update the current and future condition analyses. Peer reviewer 
comments are addressed in the following summary, and information 
provided was incorporated into the SSA report as appropriate (Service 
2023, entire).
    Comment 1: A reviewer commented on cattails and other vegetation 
being a present threat at Whitmore Marsh and that removal of plants 
from selected areas may be beneficial for improving Long Valley 
speckled dace habitat.
    Our Response: We added text to chapter 4.5.2.2 of the SSA report to 
describe the potential impacts of Typha spp. on the Long Valley 
speckled dace and its habitat.
    Comment 2: A reviewer asked whether Lahontan cutthroat trout 
(Oncorhynchus clarkii henshawi) in the translocation site, O'Harrel 
Canyon Creek, would prey upon Long Valley speckled dace when migrating 
downstream in the winter.
    Our Response: Lahontan cutthroat trout do have the potential to 
prey upon Long Valley speckled dace. We added text to chapter 3.1.5 of 
the SSA report discussing the potential for Lahontan cutthroat trout to 
move downstream as potential predators.
    Comment 3: A reviewer asked if the estimate of the refuge 
population was adults only or if juveniles were included. They 
expressed concern that the estimate may be overestimated if juveniles 
were included.
    Our Response: We added the range of sizes of collected individuals 
to clarify the information presented in chapter 4.6 of the SSA report, 
where we describe the refuge population in greater detail.
    Comment 4: A reviewer questioned what ``relatively stable'' meant 
in terms of survey results conducted by the California Department of 
Fish and Wildlife (CDFW) at Whitmore Marsh. The reviewer commented that 
a stable population with low abundance is still at risk of extirpation. 
They also questioned whether the negative effects of removing fish from 
Whitmore Marsh, a small population, were considered.
    Our Response: We added text to chapter 4.3.7 of the SSA report to 
clarify that the CDFW characterized the population as relatively stable 
during their 2002 and 2009 surveys, although CDFW did not define the 
term ``relatively stable'' and no abundance data or estimates were 
generated in those surveys. All available information is provided in 
chapter 4.3.7 of the SSA report.
    Comment 5: A reviewer requested clarification on how high snowpack 
prevents movement of Long Valley speckled dace.
    Our Response: We added text to chapter 4.3.7 of the SSA report to 
clarify that cold temperatures from meltwater could have contributed to 
Long Valley speckled dace concentrating in the upper reaches of 
Whitmore Marsh near the spring source and the pool discharge.
    Comment 6: Two reviewers questioned the genetic health of the 
Whitmore Marsh northeast pond refugium and questioned whether genetics 
were considered in the translocation of Long Valley speckled dace to 
O'Harrel Canyon Creek.
    Our Response: Fin clips of Long Valley speckled dace at White 
Mountain Research Center (WMRC) were collected for genetic analyses in 
2021, but we are not aware of any results or information on the genetic 
health of the population from this study. The O'Harrel Canyon Creek 
population was sourced from White Mountain Research Center and the 
White Mountain Research Center population was sourced from Whitmore 
Marsh; therefore, the genetics for all three populations are the same.

[[Page 64855]]

    Comment 7: A reviewer commented that the text describing 
populations not being significantly influenced by grazing is not true. 
They mentioned historical grazing impacts have substantially altered 
stream habitat, water levels, and riparian areas. The commenter 
clarified that while current grazing may not be impacting populations, 
contemporary grazing likely limits the abilities of these streams to 
recover. They also commented that restoring stream habitat may help 
offset climate impacts in the near term.
    Our Response: We made changes to the text in chapter 4.5.3 of the 
SSA report to clarify that while grazing appears to impact habitat, it 
may have less immediate impact to individuals and the local population 
when considered relative to other threats.
    Comment 8: A reviewer commented that the Hot Creek Trout Hatchery 
is not hydrologically connected to Whitmore Marsh and mentioned it is 
unclear why the hatchery is being considered a threat to this 
population.
    Our Response: We made changes to the text in the Executive Summary 
and in the body of the SSA report in sections discussing Hot Creek 
(Table 4) and Hot Creek Springs (section 4.3.1 and Table 4) historical 
locations: (1) to discuss how the trout hatchery has potentially played 
a role in the extirpation of historical populations of the Long Valley 
speckled dace at the Hot Creek and Hot Creek Springs historical 
locations; and (2) to remove associated text from the discussion of 
current threats to the subspecies at Whitmore Marsh.
    Comment 9: A reviewer commented that while Long Valley speckled 
dace are currently found in geothermal waters, there is no evidence 
that this is a habitat requirement. The reviewer mentioned that 
Whitmore Marsh is extremely cold in the winter, emphasizing that Long 
Valley speckled dace habitat associations are linked more closely to 
the absence of nonnative trout.
    Our Response: We made changes to the text in chapter 3.2.2 of the 
SSA report to remove the word ``thermal'' from ``thermal spring 
systems,'' although we do acknowledge there may be some geothermal 
influence on Whitmore Marsh, as its waters do not freeze even during 
extremely cold winters.
    Comment 10: A reviewer commented that absence of nonnative trout 
seems to be the single most important factor for the survival of Long 
Valley speckled dace. They clarified that Long Valley speckled dace are 
broadly tolerant of a range of water quality parameters, and this 
tolerance allows them to persist in marginal habitat where nonnative 
trout species cannot.
    Our Response: We made changes to the text in chapter 3.2.2.1 of the 
SSA report to emphasize that the presence of nonnative species has a 
greater impact on the quality of habitat for Long Valley speckled dace 
than water quality does.
    Comment 11: A reviewer questioned how the Hot Creek Trout Hatchery 
impacted Long Valley speckled dace populations given that other native 
minnows (tui chub (Siphateles bicolor)) persist in the spring brooks to 
this day. The reviewer noted that the spring brook habitat described by 
Sada (1989, p. 13) is still intact and not impacted by the hatchery.
    Our Response: We made changes to the text in chapter 4.5.5 of the 
SSA report to emphasize that there is not concrete evidence that the 
hatchery led to the extirpation of Long Valley speckled dace 
populations but also to acknowledge that the hatchery may have had an 
impact on the subspecies' habitat.
    Comment 12: A reviewer commented that the status of the O'Harrel 
Canyon Creek population is unknown, and it should not be described as 
``established.''
    Our Response: We removed the word ``established'' from the text in 
chapter 4.2 of the SSA report as a descriptor for the O'Harrel Canyon 
Creek population of Long Valley speckled dace.
    Comment 13: A reviewer commented that there is no evidence to 
support the claim that the Hot Creek Trout Hatchery played a role in 
the extirpation of Long Valley speckled dace at previously occupied 
historical sites. They mentioned that the Owens tui chub (Siphateles 
bicolor snyderi) persisted in both spring brooks from which Long Valley 
speckled dace disappeared between 1933 and 1989. Long Valley speckled 
dace were also extirpated from that portion of Hot Creek away from the 
hatchery's influence.
    Our Response: We made changes to the text in chapter 4.5.5 of the 
SSA report, adding a citation from Sada (1989, p. 3) that corroborates 
the potential impacts the Hot Creek Trout Hatchery may have had on the 
Long Valley speckled dace's habitat. In that discussion, we also 
removed the phrase ``likely led to extirpation'' and made other 
revisions to take the uncertainty into account.
    Comment 14: One reviewer commented that the danger from fire caused 
by climate change is underrated in our analysis.
    Our Response: We added a paragraph to chapter 4.5.7 of the SSA 
report addressing local fire risk and how precipitation may increase 
the risk of excessive sedimentation within local watersheds.

I. Proposed Listing Determination

Background

    A thorough review of the taxonomy, life history, and ecology of the 
Long Valley speckled dace is presented in the SSA report (Service 2023, 
pp. 6-8).
    The Long Valley speckled dace is a small freshwater fish with one 
remaining historical population within the 700,000 year old Long Valley 
volcanic caldera and one refugium population in Mono County, 
California. The subspecies previously occupied habitat in the Owens 
Basin in California ranging from cold-water streams to hot springs with 
water temperatures typically below 29 degrees Celsius ([deg]C) (84.2 
degrees Fahrenheit ([deg]F)) (Moyle et al. 2015, p. 3). This subspecies 
was found in 7 historical sites, including 6 spring sites and one small 
stream. While the stream population suggests the subspecies is capable 
of surviving in stream habitats, its disappearance from the historical 
stream location following development of a hydrologically-connected 
spring suggested the stream population relied on recruitment from 
spring-dwelling individuals (Sada 1989, p. 13). Population collapses in 
six historical sites that were modified and invaded by nonnative fish 
species indicates that the Long Valley speckled dace is highly 
susceptible to changes in its habitat. The remaining occupied habitat 
includes two populations: one native population at Whitmore Marsh and 
one translocated population at the three sites in O'Harrel Canyon 
Creek. The CDFW also maintains a refugium population in an artificial 
pond at the WMRC.
    The Long Valley speckled dace is a small minnow that typically 
measures less than 8 centimeters (cm) but can reach 11 cm standard 
length. This subspecies is distinguished by its small downfacing mouth, 
a thick caudal peduncle, small scales, and a pointed snout. The snout 
typically has a small barbel on each end of the maxilla (jaw) and a 
small patch of skin connects the snout to the upper lip. Adults usually 
have eight rays in their dorsal fin, which originates behind the 
beginning of the pelvic fins, whereas the anal fin has six to eight 
rays. Distinctive dark spots on the sides and upper parts of the body, 
as well as a dark lateral band running to the snout, usually occur once 
the fish becomes larger than 3 cm. The body is

[[Page 64856]]

an olive to darkish yellow, with the stomach area paler in color. 
During the breeding season, both males and females have orange- or red-
tipped fins, with males also exhibiting red snouts and lips. Males 
often develop tubercles on their head and pectoral fins (Moyle 2002, p. 
160).
    The Long Valley speckled dace is a minnow (family = Leuciscidae) in 
the genus Rhinichthys. In 1896, Jordan and Evermann divided Rhinichthys 
osculus into a complex of 10 species (Su et al. 2021, entire). Hubbs et 
al. (1974, entire) collapsed all of them into one species. In 2023, 
Moyle et al. (2023, entire) summarized the recent genomic findings and 
presented a revision of taxonomy for California dace populations. The 
new taxonomy consists of three species (Santa Ana speckled dace (R. 
gabrielino); desert speckled dace (R. nevadensis); and western speckled 
dace (R. klamathensis)) and six subspecies, including the Long Valley 
speckled dace (R. n. caldera).
    There is little information regarding the biology and life history 
of Long Valley speckled dace; therefore, the following description is 
based primarily on information for general speckled dace (Rhinichthys 
osculus) and historical and current collections of Long Valley speckled 
dace. General speckled dace lifespan is coarsely correlated with 
maximum size, with dace under 80 millimeters fork length living for 
roughly 3 years. Typically, females grow faster than males. Under 
stressful environmental conditions, limited food, or high population 
densities, growth rates can decrease. General speckled dace reach 
sexual maturity by the end of their second summer. Females produce 190-
800 eggs, depending on size and location, and release them underneath 
rocks or near gravel surfaces while males release sperm.
    General speckled dace's subterminal mouth and tooth structure make 
it ideal for consumption of small aquatic invertebrates most common in 
riffles (hydropsychid caddisflies, baetid mayflies, and chironomid and 
simuliid midges). Invertebrates generally make up the bulk of their 
diet; however, they may also eat filamentous algae (Moyle et al. 2015, 
p. 2). Speckled dace forage opportunistically, which varies their diet 
of invertebrates depending on available food sources that may change 
during the seasons. Speckled dace can be active both in the day and at 
night, with water temperatures influencing their level of activity. 
Speckled dace are active year-round when stream temperatures stay above 
4 [deg]C (39.2 [deg]F).
    Long Valley speckled dace likely originated during the late 
Pleistocene pluvial period when they colonized the upper Owens Valley 
region from Mono Lake Basin water that spilled into the Adobe Valley. 
The Adobe Valley drained into the Owens River and fish presumably swam 
upstream to Long Valley. The Owens River eventually down-vaulted and 
formed steep waterfalls in the gorge around 100,000 years ago, 
ultimately isolating Long Valley from Owens Valley. Long Valley 
speckled dace currently have limited ability to disperse between 
populations, as many of the springs they occupied historically are not 
hydrologically connected to other lakes or streams in the broader Death 
Valley region or are separated by unsuitable habitat.

Regulatory and Analytical Framework

Regulatory Framework

    Section 4 of the Act (16 U.S.C. 1533) and the implementing 
regulations in title 50 of the Code of Federal Regulations set forth 
the procedures for determining whether a species is an endangered 
species or a threatened species, issuing protective regulations for 
threatened species, and designating critical habitat for endangered and 
threatened species. On April 5, 2024, jointly with the National Marine 
Fisheries Service, we issued a final rule that revised the regulations 
in 50 CFR part 424 regarding how we add, remove, and reclassify 
endangered and threatened species and what criteria we apply when 
designating listed species' critical habitat (89 FR 24300). On the same 
day, we published a final rule revising our protections for endangered 
species and threatened species at 50 CFR 17 (89 FR 23919). These final 
rules are now in effect and are incorporated into the current 
regulations.
    The Act defines an ``endangered species'' as a species that is in 
danger of extinction throughout all or a significant portion of its 
range, and a ``threatened species'' as a species that is likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range. The Act requires that we 
determine whether any species is an endangered species or a threatened 
species because of any of the following 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 species' expected response 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 definition of an ``endangered species'' or a 
``threatened species'' only after conducting this cumulative analysis 
and describing the expected effect on the species.
    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, which is 
further described in the 2009 Memorandum Opinion on the foreseeable 
future from the Department of the Interior, Office of the Solicitor (M-
37021, January 16, 2009; ``M-Opinion,'' available online at https://

[[Page 64857]]

www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/M-37021.pdf).
    The foreseeable future extends as far into the future as the U.S. 
Fish and Wildlife Service and National Marine Fisheries Service 
(hereafter, the Services) can make reasonably reliable predictions 
about the threats to the species and the species' responses to those 
threats. We need not identify the foreseeable future in terms of a 
specific period of time. We will describe the foreseeable future on a 
case-by-case basis, using the best available data and taking into 
account considerations such as the species' life-history 
characteristics, threat projection timeframes, and environmental 
variability. In other words, the foreseeable future is the period of 
time over which we can make reasonably reliable predictions. 
``Reliable'' does not mean ``certain''; it means sufficient to provide 
a reasonable degree of confidence in the prediction, in light of the 
conservation purposes of the Act.

Analytical Framework

    The SSA report documents the results of our comprehensive 
biological review of the best scientific and commercial data regarding 
the status of the species, including an assessment of the potential 
threats to the species. The SSA report does not represent our decision 
on whether the species should be proposed for listing as an endangered 
or threatened species under the Act. However, it does provide the 
scientific basis that informs our regulatory decisions, which involve 
the further application of standards within the Act and its 
implementing regulations and policies.
    To assess the Long Valley speckled dace's viability, we used the 
three conservation biology principles of resiliency, redundancy, and 
representation (Shaffer and Stein 2000, pp. 306-310). Briefly, 
resiliency is the ability of the species to withstand environmental and 
demographic stochasticity (for example, wet or dry, warm or cold 
years); redundancy is the ability of the species to withstand 
catastrophic events (for example, droughts, large pollution events); 
and representation is the ability of the species to adapt to both near-
term and long-term changes in its physical and biological environment 
(for example, climate conditions, pathogens). In general, species 
viability will increase with increases in resiliency, redundancy, and 
representation (Smith et al. 2018, p. 306). Using these principles, we 
identified the Long Valley speckled dace's ecological requirements for 
survival and reproduction at the individual, population, and subspecies 
levels, and described the beneficial and risk factors influencing the 
subspecies' viability.
    The SSA process can be categorized into three sequential stages. 
During the first stage, we evaluated the individual subspecies' life-
history needs. The next stage involved an assessment of the historical 
and current condition of the subspecies' demographics and habitat 
characteristics, including an explanation of how the subspecies arrived 
at its current condition. The final stage of the SSA involved making 
predictions about the subspecies' responses to positive and negative 
environmental and anthropogenic influences. Throughout all of these 
stages, we used the best available information to characterize 
viability as the ability of the subspecies to sustain populations in 
the wild over time, which we then used to inform our regulatory 
decision.
    The following is a summary of the key results and conclusions from 
the SSA report; the full SSA report can be found at Docket No. FWS-R8-
ES-2021-0065 on https://www.regulations.gov.

Summary of Biological Status and Threats

    In this discussion, we review the biological condition of the 
subspecies and its resources, and the threats that influence the 
subspecies' current and future condition, in order to assess the 
subspecies' overall viability and the risks to that viability.

Subspecies Needs

    For Long Valley speckled dace to have high viability, the 
subspecies needs to maintain its representation (adaptive capacity) by 
having multiple, sufficiently resilient populations (redundancy). Long 
Valley speckled dace is a narrow endemic and inherently has low 
redundancy; however, it is still important that multiple, adequately 
resilient populations exist throughout its range. This allows the 
subspecies to retain some redundancy and representation, which help 
mitigate impacts from threats and stochastic events. Having multiple 
populations helps maintain genetic diversity and adaptive capacity, 
which is increasingly important due to the impacts of climate change.
    To have high viability, the Long Valley speckled dace would need 
consistent clean cold water (water temperatures that stay below 29 
[deg]C (84.2 [deg]F) in the summer months) with access to aquatic 
invertebrates as a food source. Fertilized eggs and larvae utilize 
gravel substrates during development, and later larvae use rocks and 
emergent vegetation for cover. Adults typically inhabit springs but 
have also existed in creek systems. Populations need abundant 
individuals within habitat patches of adequate quality to maintain 
survival and reproduction despite disturbance. For Long Valley speckled 
dace, this revolves around having adequate aquifer-fed thermal spring 
systems or creeks that stay above 4 [deg]C (39.2 [deg]F). Having enough 
water in each spring or creek is important to allow dace within the 
population to disperse throughout the connected habitat during 
different seasons for reproductive purposes. Having multiple 
populations connected within the watershed is important to mitigate 
impacts from localized threats. Population size varies greatly based on 
the annual conditions of the habitat and will rebound in numbers when 
conditions are favorable.
    The amount of habitat is mainly driven by snowmelt from the Sierra 
Nevada highlands on the western edge of the caldera (U.S. Geological 
Survey, undated). The subspecies inhabits a relatively small area, 
making adequate amounts of suitable habitat important for the 
resiliency of the subspecies. Quality of habitat revolves around water 
quality. For the subspecies, the water quality priorities are having 
water temperatures stay below 29 [deg]C (84.2 [deg]F) and limiting the 
amount of pollution and sedimentation in the waterways. Invasive 
species can also negatively impact habitat suitability directly by 
changing dissolved oxygen and pH levels of the water or by increasing 
predation and competition levels.
    Capacity for population growth, particularly from low numbers, is 
important for the Long Valley speckled dace's resiliency. The Long 
Valley speckled dace currently occurs in low numbers, making it 
especially vulnerable to stochastic events. Having populations large 
enough to be self-sustaining and to be able to repopulate habitat in a 
highly variable and unpredictable environment is important for the Long 
Valley speckled dace's resiliency. In response to introduced species, 
disease, grazing, recreation, a trout hatchery, geothermal development, 
climate change, and small population size effects in the occupied 
habitat, Long Valley speckled dace populations must be resilient enough 
to repopulate habitat as environmental conditions change.
    Although surveys have been completed at Whitmore Marsh as recently 
as 2023, the six extirpated historical sites have not been revisited as 
recently and assessed for current

[[Page 64858]]

habitat conditions because of previous surveys deeming them 
inhabitable. An overall population estimate, and subsequent population 
trends, are unknown for the subspecies outside of the Whitmore Marsh 
population. O'Harrel Canyon Creek was surveyed in 2023 and 2024 
(Buckmaster 2023, pers. comm.; Buckmaster 2024, pers. Comm.), with 
documented evidence of survival and reproduction. However, it is 
currently unknown how effectively translocated Long Valley speckled 
dace can establish in a wild environment. Robust monitoring would be 
needed to estimate population levels as the total number of Long Valley 
speckled dace fluctuates year-to-year based on habitat conditions.

Factors Influencing Subspecies Viability

    The following discussion provides a summary of the primary factors 
that affect or may affect the current and future condition of the Long 
Valley speckled dace. For our analysis, we evaluated impacts from the 
following primary threats to the subspecies: (1) disease; (2) nonnative 
species; (3) grazing; (4) recreation; (5) water diversion; (6) 
geothermal development; (7) climate change; and (8) effects of small 
population size.
Disease
    Growth and health status of fish may be negatively affected by 
parasites (Raissy and Ansari 2012, p. 74). In general, parasites may 
cause stress, reduced growth, increased risk of infection or secondary 
disease, and possibly death of individual fish (Hejna et al. 2023, 
entire). For example, in 1988, Long Valley speckled dace found in 
Whitmore Marsh were in poor condition due to a heavy parasite 
infestation of yellow grub (Clinostomum marginatum) (Bogan et al. 2002, 
p. 4). Because of the documented negative impacts to Long Valley 
speckled dace, and because there is only one historical population of 
Long Valley speckled dace remaining, we consider disease to pose a 
threat to the viability of the Long Valley speckled dace.
Nonnative Species
    The introduction of nonnative species may stress indigenous fish 
populations via increased predation, competitive interactions, 
transmission of pathogens, or hybridization (Cucherousset and Olden 
2011, pp. 216-221; Mills et al. 2004, pp. 719-720). Western 
mosquitofish are the most common nonnative fish species that have led 
to the extirpation of isolated general speckled dace populations. 
Nonnative Lahontan tui chub (Gila bicolor) are also found in the range 
of the Long Valley speckled dace. Nonnative species can compete with or 
prey upon Long Valley speckled dace and may introduce parasites and 
disease into the freshwater ecosystems they inhabit (Stone et al. 2007, 
p. 131). Long Valley speckled dace have rarely been found in springs 
where other nonnative fish species are present, suggesting their 
ability to compete with or avoid predation from nonnatives is limited 
(Sada 1989, p. 10). For example, one Long Valley speckled dace 
population collapsed within a year of western mosquitofish and Lahontan 
tui chub (Gila bicolor) being recorded at the site, and the population 
is currently considered extirpated (Greene 2006, pers. comm., p. 4). 
Therefore, we consider nonnative species to pose a significant threat 
to the viability of Long Valley speckled dace populations.
Grazing
    Cattle access is known to increase bank erosion, increasing 
turbidity and sedimentation in the springs. Long Valley speckled dace 
require clear water for their spawning and clean vegetation for egg 
laying. Sedimentation from cattle also has the potential to fill in 
spring pools and runs, reducing habitat area (American Fisheries 
Society, undated, entire). The increased turbidity and reduced riparian 
vegetation lead to increased water temperatures, which reduce dissolved 
oxygen levels and can stress Long Valley speckled dace and increase the 
competitive advantage for mosquitofish. Influxes of large amounts of 
cattle waste increase the amount of nutrients in the water and further 
reduce visibility, which can impact the spawning of Long Valley 
speckled dace. Higher levels of nutrients result in higher biological 
oxygen demand and reduce the dissolved oxygen levels in the water. 
Increased bacterial levels may also reduce egg viability and increase 
the risk of infection. Grazing has been occurring in Long Valley since 
before the discovery of Long Valley speckled dace, and historical 
grazing has altered stream habitat and riparian areas, such that it is 
less suitable habitat for the species. While historical grazing levels 
may have had detrimental impacts to Long Valley speckled dace habitat, 
the best available information indicates that while Whitmore Marsh and 
Little Alkali were historically heavily impacted by cattle grazing, 
both populations appeared to be stable at the time grazing impacts were 
observed (Sada, 1989, p. 12). Grazing still occurs at low levels around 
Whitmore Marsh and any impacts to habitat do not appear to be adversely 
affecting the population there. Thus, we do not consider grazing to be 
a significant threat to Long Valley speckled dace populations.
Recreation
    Recreation activities in general may impact water quality, 
substrate and vegetation, and free-flowing water. The spring source 
that supplies Whitmore Marsh also feeds a public swimming pool. 
Historically, the pool has discharged lightly chlorinated water into 
the marsh from May to September (Cox 2023, p. 1), however chlorinated 
water is no longer discharged into the marsh. While the effluent from 
the spring is undiminished by pool operations and has maintained 
sufficient flows to support this Long Valley speckled dace population, 
the potential for an accidental spill of chlorinated water into the 
spring still exists. There is also potential for structural damage to 
the pool to result in leaks because of the age of the pool or by events 
such as seismic activity. Because of the proximity of the swimming pool 
to Whitmore Marsh we consider recreation to be a significant threat to 
the viability of this population.
Water Diversion
    Surface water diversions have the potential to affect fish survival 
directly or indirectly. Water diversions reduce the amount of water 
available to stream resources and return the remaining water far from 
the intake. Flow alterations directly impact fish by blocking migration 
routes (e.g., trapping fish in dewatered sections) and by disrupting 
breeding habits. Diversions indirectly affect fish by removing stream 
habitat, degrading water quality parameters, and introducing competing 
nonnative species (American Fisheries Society, undated, p. 2). For 
example, Long Valley speckled dace individuals disappeared from Hot 
Creek shortly following the development of the Hot Creek Trout Hatchery 
(a CDFW-owned facility) and associated water diversions in the 1960s.
Geothermal Development
    Prior to geothermal development of a particular area, the flow path 
of water underneath the land surface is usually not known with 
sufficient detail to understand and prevent surface impacts that may be 
caused by such development (Sorey 2000, p. 705). Changes associated 
with surface expression of thermal waters from geothermal production 
are common and are expected. Typical changes seen in geothermal fields 
across the globe include, but are not limited to, changes in water 
temperature, flow, and quality (Bonte et al. 2011, pp. 4-8; Chen et al.

[[Page 64859]]

2020, pp. 2-6; Kaya et al. 2011, pp. 55-64; Sorey 2000, entire), which 
are all needs of Long Valley speckled dace.
    Changes in surface-expressed water temperature and flow from 
geothermal production areas have been documented within the Long Valley 
Caldera at historical localities where Long Valley speckled dace 
previously occurred and near the remaining population of the subspecies 
(Sorey 2000, entire). Geothermal pumping between 1985-1998 at Casa 
Diablo Geothermal Plant, part of Ormat Technologies, Inc., Mammoth 
Geothermal Complex, resulted in flow ceasing at Colton Spring and 
declines in water level at Hot Bubbling Pool (Sorey 2000, p. 706), 
which are located roughly 6.4 kilometers (km) (4 miles (mi)) and 4.8 km 
(3 mi) from Whitmore Marsh, respectively. Based on historical 
operations of the Casa Diablo Geothermal Plant and surface water 
monitoring at Whitmore Marsh, the remaining historical population of 
Long Valley speckled dace is outside of the range where detectable 
changes in surface features have occurred. However, the Casa Diablo-IV 
power plant that was put into service in 2022 nearly doubles the 
capacity of the geothermal facility, and future impacts from the 
operation of the expanded plant may extend farther into the Long Valley 
speckled dace's range. The doubled capacity plant has only been in 
service since July 2022. Monitoring of spring flow, temperature, and 
stage is not taking place at Whitmore Marsh, so the data required for 
an analysis of the condition of, or possible effects from local 
geothermal development to, the springs and surface water there are 
currently not available. Additionally, if the operation does cause 
effects to the geothermally sourced springs at Whitmore Marsh, 
propagation and expression of those effects may take time. Therefore, 
the best available information used to consider the impacts of 
geothermal development does not indicate that it is currently a threat 
to the species; however, we recognize the potential for population-
level impacts should the effects of groundwater and geothermal 
extraction be realized at Whitmore Marsh.
Climate Change
    Changes in climate, such as increasing temperatures, shifts in 
precipitation patterns, drought, and increases in wildfire have already 
been observed in California where Long Valley speckled dace occur, and 
such changes are expected to continue. Current climate change forecasts 
for terrestrial areas in the Northern Hemisphere predict warmer air 
temperatures, more intense precipitation events (both drought and 
flooding), and increased summer continental drying by the year 2100 
(Intergovernmental Panel on Climate Change (IPCC) 2014, entire). Little 
is known about how and when spring flows may be affected by changes in 
climate. Direct hydrological connections have not been established in 
most cases, and for many areas, these connections remain difficult to 
make. Increased variations in temperature and precipitation in the 
range of the Long Valley speckled dace may result in effects on the 
life history of the subspecies. Thermal springs that comprise a major 
part of Long Valley are fed by aquifers dependent on snowmelt for 
recharge. Long Valley speckled dace are currently found in a hot-
spring-fed marsh and a creek, with temperatures that stay below 29 
[deg]C (84.2 [deg]F). Long Valley speckled dace are capable of 
withstanding elevated water temperatures (Moyle et al. 2015, p. 11), 
but the lethal upper temperature limit is unknown. Fish are generally 
more stressed at the upper extremes of their temperature range, and 
although they may be able to survive, elevated temperature is an 
example of a stressor that may affect them through reduced disease 
resistance (Moyle et al. 2015, p. 11). Average annual temperatures have 
increased almost 1.1 [deg]C (1.9 [deg]F) over the last century (Garfin 
et al. 2014, p. 464), and an additional increase of 1.9 to 5.3 [deg]C 
(3.5 to 9.5 [deg]F) is predicted to occur by the year 2100 (Walsh et 
al. 2014, p. 23). In recent decades, reductions in precipitation and 
winter snowpack have been observed, and this pattern is expected to 
continue (Garfin et al. 2014, p. 465). The frequency and intensity of 
these reductions have increased on a global scale (IPCC 2014, p. 77), 
and climate change is projected to reduce surface and groundwater 
resources in most subtropical deserts (IPCC 2014, p. 14).
    Climate change is also predicted to increase fire frequency and 
severity. Whitmore Marsh, O'Harrel Canyon Creek, and certain historical 
sites (Little Alkali and Hot Creek Springs) are located within a 
moderate fire hazard severity zone. Other historical sites (Unnamed 
Spring and Sulfur Spring) are located within a high fire hazard 
severity zone. In the southern California mountains, debris flows can 
occur in both burned and unburned terrain. Wildfires greatly increase 
the likelihood of debris flows within the burned area by removing 
vegetation and temporarily elevating soil hydrophobicity (Staley et al. 
2017, entire). Excess overland flow from intense precipitation events 
caused by climate change may exacerbate the effects of debris flows in 
areas affected by wildfire. When debris flows occur, they can cause 
significant erosion to hillslopes and channels, resulting in large 
amounts of sediment being carried downstream. This excessive sediment 
can have profound negative impacts on local wildlife, including fish 
such as the Long Valley speckled dace. Wildfire also eliminates 
vegetation that shades the water and moderates water temperature and 
may further impact water transport, sediment transport, water quality, 
and flow regime. Burned uplands in the watersheds may affect Long 
Valley speckled dace habitat by producing silt-and-ash-laden runoff 
that can fill in pools and significantly increase turbidity of rivers. 
Large wildfires have caused local extirpations in isolated Long Valley 
speckled dace occurrences (Expert Working Group 2023, p. 23). Wildfire 
may impact the Long Valley speckled dace throughout its remaining 
range, although the location, frequency, and size of these events 
cannot be precisely predicted.
    Increased frequency of snow drought induced by climate change may 
also affect the flow rates and temperatures of hydrologic features 
inhabited by the Long Valley speckled dace (Hatchett and McEvoy 2018, 
pp. 11-12). Particularly due to the historical impacts of wildfire on 
Long Valley speckled dace habitat, and the potential effects a single 
large fire could have on the remaining historical population at 
Whitmore Marsh, we consider climate change to pose a significant threat 
to the subspecies.
Effects of Small Population Size
    Historically, Long Valley speckled dace mostly occurred in small, 
isolated populations throughout the subspecies' range. The subspecies 
currently consists of a single wild population at Whitmore Marsh. 
Small, isolated populations are vulnerable to a number of deleterious 
effects, including: (1) demographic fluctuation due to random variation 
in birth and death rates and sex ratio; (2) environmental fluctuation 
in resource or habitat availability, predation, competitive 
interactions, and catastrophes; (3) reduction in cooperative 
interactions and subsequent decline in fertility and survival (i.e., 
Allee effects); (4) inbreeding depression reducing reproductive 
fitness; and (5) loss of genetic diversity reducing the ability to 
evolve and cope with environmental change (Traill et al. 2010, p. 29).
    For example, small populations of Long Valley speckled dace are 
more

[[Page 64860]]

vulnerable to extirpation during environmental fluctuation, such as 
flooding (which can physically wash dace away), fire (and its 
subsequent impacts on Long Valley speckled dace habitat and water 
quality), or sustained drought (which can result in the loss or 
reduction of surface flows and concomitant increases in water 
temperature). Habitat fragmentation has subjected the small populations 
to genetic isolation, reduced space for rearing and reproduction, and 
reduced adaptive capabilities, and has increased the subspecies' 
likelihood of extinction. Isolation means that any remnant populations 
following these types of events caused by environmental fluctuation or 
habitat fragmentation are unlikely to benefit from demographic or 
genetic rescue, further elevating risks of inbreeding depression, loss 
of genetic diversity, and reductions in evolutionary potential that can 
contribute to population extirpation. These small population effects 
interact with other factors to pose a threat across the Long Valley 
speckled dace's current range. Thus, because the Long Valley speckled 
dace currently occurs in small, isolated populations, the magnitude of 
the threat posed by environmental stochasticity and inbreeding 
depression is elevated.

Conservation Efforts and Regulatory Mechanisms

    At this time, Long Valley speckled dace is not listed under the 
California Endangered Species Act (CESA). Due to concerns over the 
future viability of the last remaining historical population of Long 
Valley speckled dace, CDFW staff deemed it necessary to establish a 
refugium population in an artificial pond at the White Mountain 
Research Center (WMRC) outside of the native range (Cox, 2021, p. 1). 
This population was sourced from individuals at Whitmore Marsh and a 
previous refuge population known as Becky's Pond, also sourced from 
Whitmore Marsh, which has since been extirpated. Although the refuge 
population appears stable, CDFW recommends continued monitoring for 
disease that may have been present in source individuals from Whitmore 
Marsh and management of water quality and water levels to maintain this 
population. Monitoring the genetic health of the refuge population will 
also be important for understanding and managing its long-term 
viability. The refugium population at WMRC represents a critical 
component of Long Valley speckled dace conservation and has already 
been used in translocation efforts.
    Similar efforts to mitigate threats have also been initiated for 
the last remaining historical population. The public swimming pool 
operated by the town of Mammoth Lakes historically discharged 
chlorinated water into Whitmore Marsh, possibly contributing to the 
population decline occurring around 2017 (Cox, 2023, p. 1). The town 
has since made changes to the way the pool is managed and operated in 
order to limit the risk of introducing chlorinated water into the marsh 
in the future. A storage tank was constructed in 2022 to store 
discharged pool water until it can be transported off site to a sewage 
treatment plant (Cox, 2023, p. 2). This effort reduces the risk of 
chronic release events. In addition, the town of Mammoth Lakes has been 
coordinating with the Service to develop a management plan to implement 
response actions in the event of an accidental spill.
    CDFW monitored the habitat at O'Harrel Canyon Creek in 2015-2016 
and determined that drought did not have an effect on the creek despite 
the creek's size and watershed. These factors influenced CDFW to create 
a plan to translocate Long Valley speckled dace and create another wild 
population to supplement the Whitmore Marsh population. CDFW collected 
413 Long Valley speckled dace from the Whitmore Marsh Complex Northeast 
pond refugium population on June 30, 2022. Collected Long Valley 
speckled dace were transported and released at three locations within 
O'Harrel Canyon Creek. Monitoring of these locations in 2023 and 2024 
(Buckmaster 2023, pers. comm.; Buckmaster 2024, pers. comm.) indicated 
survival and reproduction; however, multiple years of monitoring will 
be needed to determine if this population successfully establishes.

Cumulative and Synergistic Effects

    We note that, by using the SSA framework to guide our analysis of 
the scientific information documented in the SSA report, we have 
analyzed the cumulative effects of identified threats and conservation 
actions on the subspecies. To assess the current and future condition 
of the subspecies, we evaluate the effects of all the relevant factors 
that may be influencing the subspecies, including threats and 
conservation efforts. Because the SSA framework considers not just the 
presence of the factors, but to what degree they collectively influence 
risk to the entire subspecies, our assessment integrates the cumulative 
effects of the factors and replaces a standalone cumulative-effects 
analysis.

Current Condition

    As mentioned previously, the Long Valley speckled dace is a narrow 
endemic subspecies known from seven historical sites within the Long 
Valley Caldera in Mono County, California. All but one of the seven 
historical sites are now thought to be extirpated (Moyle et al. 2015, 
p. 3). Because of the small spatial scale, few extant sites, limited 
survey data, and localized nature of the threats, we assessed the 
current conditions qualitatively by discussing rangewide factors 
affecting viability and by summarizing the available demographic and 
habitat information for each population. We then supplement the 
demographic and habitat quality data with a threats analysis for the 
extant wild population. We provide qualitative descriptions of the 
factors influencing viability and summarize these influences using a 
risk matrix approach to highlight major threats and their expected 
impacts.
Resiliency
    Of seven known historical populations of Long Valley speckled dace, 
Whitmore Marsh is the sole remaining population and covers roughly 
4,000-8,000 square meters (1-2 acres), based on accounts by Moyle et 
al. (2015, p. 3) and Geographic Information System calculations using 
satellite imagery of wetland vegetation over multiple years. In 2022, a 
population was translocated to O'Harrel Canyon Creek from the refuge 
population at White Mountain Research Center (Cox 2022, p. 2); however, 
it is uncertain whether this population will maintain viability over 
time.
    The Long Valley speckled dace population in Whitmore Marsh was 
discovered in 1988 (Sada 1989, p. 10). Sada (1989, p. 11) visited this 
site four times between July 31 and December 12, 1988, to collect 
population size and habitat quality data. The habitat was supported by 
spring discharge that flowed through a chlorinated swimming pool owned 
and maintained by the Town of Mammoth Lakes on Los Angeles Department 
of Water and Power property. CDFW surveyed Whitmore Marsh again in 2002 
and 2009, and found the population to be relatively stable. In 2011, 
Long Valley speckled dace were translocated from this site to a private 
pond (``Becky's Pond''), which was originally constructed in 2006. No 
population estimates were recorded at the time of the 2011 
translocation. Individuals from Becky's Pond were later moved to a 
refuge population established at White Mountain Research Center. The 
Becky's Pond population

[[Page 64861]]

was supplemented with individuals from Whitmore Marsh in 2011 and then 
subsequently confirmed to be extirpated (Cox 2022, p. 2).
    Low numbers at Whitmore Marsh over the past 7 years, including as 
few as two individuals being observed in 2021, have been attributed to 
a die-off that likely occurred in the spring of 2017. While the cause 
of the population crash is unknown, there are several threats in the 
area that may have led to the decline. One hypothesis is that an 
unusually heavy snowpack during the previous winter may have prevented 
the majority of Long Valley speckled dace from dispersing to colder 
reaches of the marsh. Long Valley speckled dace concentrating near the 
warm pool outlet stream could have also been exposed to chlorine from 
the public swimming pool upstream that historically discharged lightly 
chlorinated water into the marsh during the summer operating season. As 
mentioned previously, the swimming pool no longer discharges 
chlorinated water into the marsh. Other possible explanations for the 
population die-off include parasites, or unprecedented winter kill (Cox 
2023, pp. 1-2). Although we do not have direct population estimates, 
such large decreases in the number of fish caught, suggest that the 
population has experienced dramatic declines that may limit its ability 
to persist.
    O'Harrel Canyon Creek is a spring-fed creek situated at 2,083 
meters (6,834 feet) of elevation in Mono County, California, near 
Benton Crossing. This creek originates in the Glass Mountains and 
terminates before reaching the Owens River. Introduced Lahontan 
cutthroat trout occupy the upper 0.8 km (0.5 mi) of the creek but are 
not found in the lower reaches that provide suitable habitat and water 
temperature for Long Valley speckled dace.
    Monitoring efforts will be used to determine success of population 
establishment at O'Harrel Canyon Creek; however, heavy snowpack from 
the 2022/2023 winter season prevented staff members from accessing the 
site until later in 2023. Young of year were observed during that 
survey and surviving adults, including gravid females were observed in 
2024. The initial success is encouraging, however more data across 
multiple years will be needed to determine if this population 
successfully establishes. Thus, the information available for these 
populations indicates that the overall resiliency for the Long Valley 
speckled dace is currently low.
Representation
    Representation, or adaptive capacity, is maximized in a species 
with healthy populations distributed across the breadth of its 
evolutionary lineages and ecological niches that is capable of moving 
to new, suitable environments or capable of altering its physical or 
behavioral traits (phenotypes) to match changing environmental 
conditions through either plasticity or genetic change (Nicotra et al. 
2015, p. 1270; Beever et al. 2016, p. 132). Although the general 
speckled dace complex appears to have inherent adaptive capacity, the 
Long Valley speckled dace's limited range, lack of dispersal 
opportunities, and presumed small population size likely limit this 
capacity for the subspecies. The wild and translocated populations of 
Long Valley speckled dace are not connected hydrologically, limiting 
any potential for dispersal in response to localized threats, as well 
as any ability for recolonization following catastrophic events. In 
addition, the lack of genetic exchange is concerning given the 
population decline at Whitmore Marsh that occurred in 2017. Managing 
genetic diversity both within the wild population and the translocated 
population will be critical to conservation efforts for the Long Valley 
speckled dace and maintenance of the subspecies' adaptive capacity.
Redundancy
    The Long Valley speckled dace has lost roughly 83-99 percent of its 
historical extent of occurrence. Such a dramatic reduction in range for 
a narrowly distributed subspecies suggests that the Long Valley 
speckled dace currently has little if any redundancy to withstand the 
impact of the threats present within the Long Valley Caldera, which 
have led to extirpations of six historical populations.
Summary of Current Condition
    The available data suggest that the remaining historical population 
has recently experienced a decline and may be persisting at extremely 
low densities relative to previous surveys. The declines observed at 
Whitmore Marsh are concerning because multiple threats exist on the 
landscape that are not part of the historical environmental variation 
experienced by this population. These are also the threats that likely 
caused impacts leading to the extirpation of six of seven historical 
populations of Long Valley speckled dace. The threats still posing a 
high risk to the subspecies' overall viability include nonnative 
species, recreation, water diversion, climate change, and small 
population size effects. Reduced abundance at the Whitmore Marsh may 
limit the ability of the population to withstand the synergistic 
effects of multiple threats and is a concern for the viability of the 
subspecies.
    Any decrease in the resiliency of the Whitmore Marsh population 
places a large burden on the refuge population at the White Mountain 
Research Center for maintaining the viability of the subspecies. 
Although the population at the White Mountain Research Center appears 
to be currently stable, other populations in private/artificial ponds 
have failed (Cox 2022, p. 2), and maintaining the refuge population in 
more than one pond would decrease the chances of a catastrophic event 
affecting this entire population. Additionally, we do not know if the 
recently translocated population at O'Harrel Canyon Creek has survived 
and successfully reproduced. While translocation will likely be a key 
conservation action for this subspecies, evidence of successful 
reproduction would be required to meaningfully increase resiliency or 
redundancy across the subspecies' range.

Future Condition

    As part of the SSA, we also developed several future-condition 
scenarios to forecast the condition of the subspecies under different 
projections of threats. We used our existing assessment of current 
habitat as the starting point for our future scenarios. We then 
incorporated projections of factors likely to impact the viability of 
the Long Valley speckled dace into the future. Although there are 
several factors that may influence the condition of the subspecies in 
the future, we focused on (1) introduced species; (2) disease; (3) 
grazing; (4); water diversion; (5) recreation; (6) geothermal 
development; (7) climate change; and (8) effects of small population 
size as the threats most likely to impact the Long Valley speckled 
dace's habitat and long-term viability. Because we determined that the 
current condition of the Long Valley speckled dace is consistent with 
an endangered species (see Determination of Long Valley Speckled Dace's 
Status, below), we are not presenting the results of the future 
scenarios in this proposed rule. Please refer to the SSA report 
(Service 2023, pp. 38-43) for the full analysis of future scenarios.

Determination of Long Valley Speckled Dace's Status

    The Act defines the term ``species'' as including any subspecies of 
fish or wildlife or plants, and any distinct

[[Page 64862]]

population segment of any species of vertebrate fish or wildlife which 
interbreeds when mature (16 U.S.C. 1532(16)). Section 4 of the Act (16 
U.S.C. 1533) and its implementing regulations (50 CFR part 424) set 
forth the procedures for determining whether a species meets the 
definition of an endangered species or a threatened species. The Act 
defines an ``endangered species'' as a species in danger of extinction 
throughout all or a significant portion of its range, and a 
``threatened species'' as a species likely to become an endangered 
species within the foreseeable future throughout all or a significant 
portion of its range. The Act requires that we determine whether a 
species meets the definition of an endangered species or a threatened 
species because of any of the following 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.

Status Throughout All of Its Range

    We have determined that the Long Valley speckled dace is likely 
extirpated in six of seven known historical populations, with recent 
declines in the only known extant population possibly caused by a 
number of factors, including: impacts associated with a recreational 
swimming pool (Factor E), parasites and disease (Factor C, or 
unprecedented winter kill (Factor E). We anticipate that nonnative 
species will pose an additional threat to the persistence of the 
existing population (Factor C). Further, it is unknown whether the 
recently translocated population at O'Harrel Canyon Creek will 
establish and reproduce and be able to contribute to overall viability. 
Representation for the subspecies is low due to limited range, lack of 
dispersal opportunities between the remaining historic population and 
translocated population, and small population size. Redundancy for the 
Long Valley speckled dace is extremely low following the loss of 
historical populations.
    After evaluating threats to the subspecies and assessing the 
cumulative effect of the threats under the Act's section 4(a)(1) 
factors, the Long Valley speckled dace does not have sufficient 
resiliency, representation, and redundancy to sustain viability. Recent 
declines at the only known extant population at Whitmore Marsh likely 
limit the ability of the subspecies to persist. A catastrophic event, 
such as a severe storm or wildfire, affecting one or both of the 
populations could result in the extinction of the subspecies. Other 
threats that may impact the sole remaining historical population, and 
uncertainty over the viability of the translocated population, place 
the subspecies at risk of extinction. Thus, after assessing the best 
available information, we determine that the Long Valley speckled dace 
is in danger of extinction throughout all of its range.

Status Throughout a Significant Portion of Its Range

    Under the Act and our implementing regulations, a species may 
warrant listing if it is in danger of extinction or likely to become so 
within the foreseeable future throughout all or a significant portion 
of its range. We have determined that the Long Valley speckled dace is 
in danger of extinction throughout all of its range and accordingly did 
not undertake an analysis of any significant portions of its range. 
Because the Long Valley speckled dace warrants listing as endangered 
throughout all of its range, our determination does not conflict with 
the decision in Center for Biological Diversity v. Everson, 435 F. 
Supp. 3d 69 (D.D.C. 2020), because that decision related to significant 
portion of the range analyses for species that warrant listing as 
threatened, not endangered, throughout all of their range.

Determination of Status

    Our review of the best available scientific and commercial 
information indicates that the Long Valley speckled dace meets the 
Act's definition of an endangered species. Therefore, we are proposing 
to list the Long Valley speckled dace as an endangered species in 
accordance with sections 3(6) and 4(a)(1) of the Act.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened species under the Act include recognition as a listed 
species, planning and implementation of 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, foreign 
governments, private organizations, and individuals. The Act encourages 
cooperation with the States and other countries and calls for recovery 
actions to be carried out for listed species. The protection required 
by Federal agencies, including the Service, 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. Section 4(f) of the Act calls for the Service to develop and 
implement recovery plans for the conservation of endangered and 
threatened species. 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.
    The recovery planning process begins with development of a recovery 
outline made available to the public soon after a final listing 
determination. The recovery outline guides the immediate implementation 
of urgent recovery actions while a recovery plan is being developed. 
Recovery teams (composed of species experts, Federal and State 
agencies, nongovernmental organizations, and stakeholders) may be 
established to develop and implement recovery plans. The recovery 
planning process involves the identification of actions that are 
necessary to halt and reverse the species' decline by addressing the 
threats to its survival and recovery. The recovery plan identifies 
recovery criteria for review of when a species may be ready for 
reclassification from endangered to threatened (``downlisting'') or 
removal from protected status (``delisting''), and methods for 
monitoring recovery progress. Recovery plans also establish a framework 
for agencies to coordinate their recovery efforts and provide estimates 
of the cost of implementing recovery tasks. Revisions of the plan may 
be done to address continuing or new threats to the species, as new 
substantive information becomes available. The recovery outline, draft 
recovery plan, final recovery plan, and any revisions will be available 
on our website as they are completed (https://www.fws.gov/program/endangered-species), or from our Reno Fish and Wildlife Office (see FOR 
FURTHER INFORMATION CONTACT).
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States, Tribes, nongovernmental organizations, businesses, 
and private landowners. Examples of recovery actions include habitat 
restoration (e.g., restoration of native vegetation), research, captive 
propagation and reintroduction, and

[[Page 64863]]

outreach and education. The recovery of many listed species cannot be 
accomplished solely on Federal lands because their ranges may occur 
primarily or solely on non-Federal lands. To achieve recovery of these 
species requires cooperative conservation efforts on private, State, 
and Tribal lands.
    If the Long Valley speckled dace is listed, funding for recovery 
actions will be available from a variety of sources, including Federal 
budgets, State programs, and cost-share grants for non-Federal 
landowners, the academic community, and nongovernmental organizations. 
In addition, pursuant to section 6 of the Act, the State of California 
would be eligible for Federal funds to implement management actions 
that promote the protection or recovery of the Long Valley speckled 
dace. Information on our grant programs that are available to aid 
species recovery can be found at: https://www.fws.gov/service/financial-assistance.
    Although the Long Valley speckled dace is only proposed for listing 
under the Act at this time, please let us know if you are interested in 
participating in recovery efforts for this subspecies. Additionally, we 
invite you to submit any new information on this subspecies whenever it 
becomes available and any information you may have for recovery 
planning purposes (see FOR FURTHER INFORMATION CONTACT).
    Section 7 of the Act is titled Interagency Cooperation, and it 
mandates all Federal action agencies to use their existing authorities 
to further the conservation purposes of the Act and to ensure that 
their actions are not likely to jeopardize the continued existence of 
listed species or adversely modify critical habitat. Regulations 
implementing section 7 are codified at 50 CFR part 402.
    Section 7(a)(2) states that each Federal action agency shall, in 
consultation with the Secretary, ensure that any action they authorize, 
fund, or carry out is not likely to jeopardize the continued existence 
of a listed species or result in the destruction or adverse 
modification of designated critical habitat. Each Federal agency shall 
review its action at the earliest possible time to determine whether it 
may affect listed species or critical habitat. If a determination is 
made that the action may affect listed species or critical habitat, 
formal consultation is required (50 CFR 402.14(a)), unless the Service 
concurs in writing that the action is not likely to adversely affect 
listed species or critical habitat. At the end of a formal 
consultation, the Service issues a biological opinion, containing its 
determination of whether the Federal action is likely to result in 
jeopardy or adverse modification.
    In contrast, section 7(a)(4) of the Act requires Federal agencies 
to confer with the Service on any action which is likely to jeopardize 
the continued existence of any species proposed to be listed under the 
Act or result in the destruction or adverse modification of critical 
habitat proposed to be designated for such species. Although the 
conference procedures are required only when an action is likely to 
result in jeopardy or adverse modification, action agencies may 
voluntarily confer with the Service on actions that may affect species 
proposed for listing or critical habitat proposed to be designated. In 
the event that the subject species is listed or the relevant critical 
habitat is designated, a conference opinion may be adopted as a 
biological opinion and serve as compliance with section 7(a)(2) of the 
Act.
    Examples of discretionary actions for the Long Valley speckled dace 
that may be subject to conference and consultation procedures under 
section 7 of the Act are land management or other landscape-altering 
activities on Federal lands administered by the U.S. Forest Service and 
Bureau of Land Management, as well as actions on State, Tribal, local, 
or private lands that require a Federal permit (such as a permit from 
the U.S. Army Corps of Engineers under section 404 of the Clean Water 
Act (33 U.S.C. 1251 et seq.) or a permit from the Service under section 
10 of the Act) or that involve some other Federal action (such as 
funding from the Federal Highway Administration, Federal Aviation 
Administration, or the Federal Emergency Management Agency). Federal 
actions not affecting listed species or critical habitat--and actions 
on State, Tribal, local, or private lands that are not federally 
funded, authorized, or carried out by a Federal agency--do not require 
section 7 consultation. Federal agencies should coordinate with the 
Reno Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT) 
with any specific questions on section 7 consultation and conference 
requirements.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to endangered wildlife. 
The prohibitions of section 9(a)(1) of the Act, codified at 50 CFR 
17.21, make it illegal for any person subject to the jurisdiction of 
the United States to commit, to attempt to commit, to solicit another 
to commit, or to cause to be committed any of the following acts with 
regard to endangered wildlife: (1) import into, or export from, the 
United States; (2) take (which includes harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture, or collect, or to attempt to engage 
in any such conduct) within the United States, within the territorial 
sea of the United States, or on the high seas; (3) possess, sell, 
deliver, carry, transport, or ship, by any means whatsoever, any such 
wildlife that has been taken illegally; (4) deliver, receive, carry, 
transport, or ship in interstate or foreign commerce, by any means 
whatsoever and in the course of commercial activity; or (5) sell or 
offer for sale in interstate or foreign commerce. Certain exceptions to 
these prohibitions apply to employees or agents 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 endangered wildlife under certain circumstances. Regulations 
governing permits for endangered wildlife are codified at 50 CFR 17.22 
and general Service permitting regulations are codified at 50 CFR part 
13. With regard to endangered wildlife, a permit may be issued: for 
scientific purposes, for enhancing the propagation or survival of the 
species, or for take incidental to otherwise lawful activities. The 
statute also contains certain exemptions from the prohibitions, which 
are found in sections 9 and 10 of the Act.

II. Critical Habitat

Background

    Critical habitat is defined in section 3 of the Act as:
    (1) The specific areas within the geographical area occupied by the 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features
    (a) Essential to the conservation of the species, and
    (b) Which may require special management considerations or 
protection; and
    (2) Specific areas outside the geographical area occupied by the 
species at the time it is listed, upon a determination that such areas 
are essential for the conservation of the species.
    Our regulations at 50 CFR 424.02 define the geographical area 
occupied by the species as an area that may generally be delineated 
around species' occurrences, as determined by the Secretary (i.e., 
range). Such areas may include those areas used throughout all

[[Page 64864]]

or part of the species' life cycle, even if not used on a regular basis 
(e.g., migratory corridors, seasonal habitats, and habitats used 
periodically, but not solely by vagrant individuals).
    Conservation, as defined under section 3 of the Act, means to use 
and the use of all methods and procedures that are necessary to bring 
an endangered or threatened species to the point at which the measures 
provided pursuant to the Act are no longer necessary. Such methods and 
procedures include, but are not limited to, all activities associated 
with scientific resources management such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, and transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot be otherwise 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the requirement that each Federal action agency ensure, in 
consultation with the Service, that any action they authorize, fund, or 
carry out is not likely to result in the destruction or adverse 
modification of designated critical habitat. The designation of 
critical habitat does not affect land ownership or establish a refuge, 
wilderness, reserve, preserve, or other conservation area. Such 
designation also does not allow the government or public to access 
private lands. Such designation does not require implementation of 
restoration, recovery, or enhancement measures by non-Federal 
landowners. Rather, designation requires that, where a landowner 
requests Federal agency funding or authorization for an action that may 
affect an area designated as critical habitat, the Federal agency 
consult with the Service under section 7(a)(2) of the Act. If the 
action may affect the listed species itself (such as for occupied 
critical habitat), the Federal agency would have already been required 
to consult with the Service even absent the designation because of the 
requirement to ensure that the action is not likely to jeopardize the 
continued existence of the species. Even if the Service were to 
conclude after consultation that the proposed activity is likely to 
result in destruction or adverse modification of the critical habitat, 
the Federal action agency and the landowner are not required to abandon 
the proposed activity, or to restore or recover the species; instead, 
they must implement ``reasonable and prudent alternatives'' to avoid 
destruction or adverse modification of critical habitat.
    Under the first prong of the Act's definition of critical habitat, 
areas within the geographical area occupied by the species at the time 
it was listed are included in a critical habitat designation if they 
contain physical or biological features (1) which are essential to the 
conservation of the species and (2) which may require special 
management considerations or protection. For these areas, critical 
habitat designations identify, to the extent known using the best 
scientific data available, those physical or biological features that 
are essential to the conservation of the species (such as space, food, 
cover, and protected habitat).
    Under the second prong of the Act's definition of critical habitat, 
we can designate critical habitat in areas outside the geographical 
area occupied by the species at the time it is listed, upon a 
determination that such areas are essential for the conservation of the 
species.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific data available. Further, our Policy on 
Information Standards Under the Endangered Species Act (published in 
the Federal Register on July 1, 1994 (59 FR 34271)), the Information 
Quality Act (section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)), 
and our associated Information Quality Guidelines provide criteria, 
establish procedures, and provide guidance to ensure that our decisions 
are based on the best scientific data available. They require our 
biologists, to the extent consistent with the Act and with the use of 
the best scientific data available, to use primary and original sources 
of information as the basis for recommendations to designate critical 
habitat.
    When we are determining which areas should be designated as 
critical habitat, our primary source of information is generally the 
information from the SSA report and information developed during the 
listing process for the species. Additional information sources may 
include any generalized conservation strategy, criteria, or outline 
that may have been developed for the species; the recovery plan for the 
species; articles in peer-reviewed journals; conservation plans 
developed by States and counties; scientific status surveys and 
studies; biological assessments; other unpublished materials; or 
experts' opinions or personal knowledge.
    Habitat is dynamic, and species may move from one area to another 
over time. We recognize that critical habitat designated at a 
particular point in time may not include all of the habitat areas that 
we may later determine are necessary for the recovery of the species. 
For these reasons, a critical habitat designation does not signal that 
habitat outside the designated area is unimportant or may not be needed 
for recovery of the species. Areas that are important to the 
conservation of the species, both inside and outside the critical 
habitat designation, will continue to be subject to: (1) Conservation 
actions implemented under section 7(a)(1) of the Act; (2) regulatory 
protections afforded by the requirement in section 7(a)(2) of the Act 
for Federal agencies to ensure their actions are not likely to 
jeopardize the continued existence of any endangered or threatened 
species; and (3) the prohibitions found in section 9 of the Act. 
Federally funded or permitted projects affecting listed species outside 
their designated critical habitat areas may still result in jeopardy 
findings in some cases. These protections and conservation tools will 
continue to contribute to recovery of the species. Similarly, critical 
habitat designations made on the basis of the best available 
information at the time of designation will not control the direction 
and substance of future recovery plans, habitat conservation plans, or 
other species conservation planning efforts if new information 
available at the time of those planning efforts calls for a different 
outcome.

Critical Habitat Determinability

    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) Data sufficient to perform required analyses are lacking, or
    (ii) The biological needs of the species are not sufficiently well 
known to identify any area that meets the definition of ``critical 
habitat.''
    When critical habitat is not determinable, the Act allows the 
Service an additional year to publish a critical habitat designation 
(16 U.S.C. 1533(b)(6)(C)(ii)).
    We reviewed the available information pertaining to the biological 
needs of the Long Valley speckled dace and habitat characteristics 
where this subspecies is located. A careful assessment of the economic 
impacts that may occur due to a critical habitat designation is still 
ongoing, and we are in the process of acquiring the complex information 
needed to perform that assessment. Therefore, due to the current lack 
of data sufficient to perform

[[Page 64865]]

required analyses, we conclude that the designation of critical habitat 
for the Long Valley speckled dace is not determinable at this time.

Required Determinations

Clarity of the Rule

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

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, May 4, 1994), E.O. 13175 (Consultation and 
Coordination with Indian Tribal Governments), the President's 
memorandum of November 30, 2022 (Uniform Standards for Tribal 
Consultation; 87 FR 74479, December 5, 2022), and the Department of the 
Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with federally recognized 
Tribes and Alaska Native Corporations (ANCs) on a government-to-
government basis. In accordance with Secretary's 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. We will continue to coordinate with Tribal entities 
throughout the rulemaking process to list the Long Valley speckled dace 
as an endangered species.

References Cited

    A complete list of references cited in this rulemaking is available 
on the internet at https://www.regulations.gov and upon request from 
the Reno Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Fish and Wildlife Service's Species Assessment Team and the Reno 
Fish and Wildlife Office.

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

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

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

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

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

0
2. In Sec.  17.11, in paragraph (h), amend the List of Endangered and 
Threatened Wildlife by adding an entry for ``Dace, Long Valley 
speckled'' in alphabetical order under FISHES to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                          Listing citations and
           Common name              Scientific name        Where listed        Status        applicable rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                     FISHES
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Dace, Long Valley speckled......  Rhinichthys          Wherever found.....            E  [Federal Register
                                   nevadensis caldera.                                    citation when
                                                                                          published as a final
                                                                                          rule].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-17249 Filed 8-7-24; 8:45 am]
BILLING CODE 4333-15-P