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SW., Washington, DC 20585–0121. information, we find that listing the of a regulation implementing the Telephone: (202) 287–6111. Email: Eagle Lake rainbow trout and the petitioned action is precluded by other [email protected]. Ichetucknee siltsnail is not warranted at pending proposals to determine whether SUPPLEMENTARY INFORMATION: On April this time. However, we ask the public to species are endangered or threatened 1, 2014, the U.S. Department of Energy submit to us at any time any new species, and expeditious progress is (DOE) published a rule proposing to information that becomes available being made to add or remove qualified amend the Department of Energy concerning the stressors to the Eagle species from the Federal Lists of Acquisition Regulation (DEAR) to define Lake rainbow trout and the Ichetucknee Endangered and Threatened Wildlife contractor business system as an siltsnail or their habitats. and Plants (warranted but precluded). accounting system, estimating system, DATES: The findings announced in this Section 4(b)(3)(C) of the Act requires purchasing system, earned value document were made on July 6, 2016. that we treat a petition for which the requested action is found to be management system (EVMS), and ADDRESSES: These findings are available warranted but precluded as though property management system (79 FR on the Internet at http:// resubmitted on the date of such finding, 18415). In the proposed rulemaking, www.regulations.gov at the following that is, requiring a subsequent finding to DOE proposed to implement docket numbers: compliance enforcement mechanisms in be made within 12 months. We must the form of a contractor business system Species Docket No. publish these 12-month findings in the clause and related clauses that included Federal Register. a provision that would allow Eagle Lake rainbow FWS–R8–ES–2012– Summary of Information Pertaining to trout. 0072 contracting officers to withhold a the Five Factors percentage of payments, under certain Ichetucknee siltsnail FWS–R4–ES–2011– 0049 Section 4 of the Act (16 U.S.C. 1533) conditions, when a contractor’s business and the implementing regulations in system contained significant Supporting information used in part 424 of title 50 of the Code of deficiencies. However, the Department preparing these findings is available for Federal Regulations (50 CFR part 424) has determined that it will not proceed public inspection, by appointment, set forth procedures for adding species with the rulemaking and, as such, is during normal business hours, by to, removing species from, or withdrawing the proposed rule. contacting the appropriate person, as reclassifying species on the Federal Issued in Washington, DC, on June 23, specified under FOR FURTHER Lists of Endangered and Threatened 2016. INFORMATION CONTACT. Please submit any Wildlife and Plants. The Act defines Berta Schreiber, new information, materials, comments, ‘‘endangered species’’ as any species Director, Office of Acquisition Management, or questions concerning these findings that is in danger of extinction Department of Energy. to the appropriate person, as specified throughout all or a significant portion of Joseph Waddell, under FOR FURTHER INFORMATION its range, section 3(6), and ‘‘threatened Deputy Associate Administrator, Acquisition CONTACT. species’’ as any species that is likely to and Project Management, National Nuclear FOR FURTHER INFORMATION CONTACT: become an endangered species within Security Administration. the foreseeable future throughout all or [FR Doc. 2016–15937 Filed 7–5–16; 8:45 am] Species Contact information a significant portion of its range, section BILLING CODE 6450–01–P 3(20). Under section 4(a)(1) of the Act, Eagle Lake Jen Norris, Field Supervisor, a species may be determined to be an rainbow Sacramento Fish and Wildlife endangered species or a threatened DEPARTMENT OF THE INTERIOR trout. Office, (916) 414–6600. species based on any of the following Ichetucknee Jay B. Herrington, Field Super- five factors: Fish and Wildlife Service siltsnail. visor, North Florida Ecologi- (A) The present or threatened cal Services Office, (904) destruction, modification, or 731–3191. 50 CFR Part 17 curtailment of its habitat or range; (B) Overutilization for commercial, [4500030113] If you use a telecommunications device recreational, scientific, or educational for the deaf (TDD), please call the Endangered and Threatened Wildlife purposes; Federal Information Relay Service (C) Disease or predation; and Plants; 12-Month Findings on (FIRS) at 800–877–8339. Petitions To List the Eagle Lake (D) The inadequacy of existing SUPPLEMENTARY INFORMATION: Rainbow Trout and the Ichetucknee regulatory mechanisms; or (E) Other natural or manmade factors Siltsnail as Endangered or Threatened Background affecting its continued existence. Species Section 4(b)(3)(B) of the Act (16 We summarize below the information AGENCY: Fish and Wildlife Service, U.S.C. 1531 et seq.) requires that, for on which we based our evaluation of the Interior. any petition to revise the Federal Lists five factors provided in section 4(a)(1) of ACTION: Notice of 12-month petition of Endangered and Threatened Wildlife the Act in determining whether the findings. and Plants that contains substantial Eagle Lake rainbow trout and the scientific or commercial information Ichetucknee siltsnail meet the definition SUMMARY: We, the U.S. Fish and indicating that listing an animal or plant of an endangered species or threatened Wildlife Service (Service), announce 12- species may be warranted, we make a species. More detailed information month findings on petitions to list the finding within 12 months of the date of about these species is presented in the Eagle Lake rainbow trout and the receipt of the petition (‘‘12-month species-specific assessment forms found Ichetucknee siltsnail as endangered finding’’). In this finding, we determine on http://www.regulations.gov under the species or threatened species under the whether listing the Eagle Lake rainbow appropriate docket number (see Endangered Species Act of 1973, as trout and the Ichetucknee siltsnail is: (1) ADDRESSES). In considering what amended (Act). After a review of the Not warranted; (2) warranted; or (3) stressors under the five factors might best available scientific and commercial warranted, but the immediate proposal constitute threats, we must look beyond

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the mere exposure of the species to the comment on the first petition received. on occasion, other small tributaries to factor to determine whether the species In our February 24, 2004, response letter Eagle Lake, such as Merrill and Papoose responds to the factor in a way that to Mr. Bosta, we explained that we had Creeks. Past cumulative impacts from causes actual impacts to the species. If reviewed the petition and determined improper land management, there is exposure to a factor, but no that an emergency listing was not introduction of nonnative fishes, response, or only a positive response, warranted, and that because of other overharvesting, and lowering lake levels that factor is not a threat. If there is court-ordered listing and critical habitat during the late 1800s and the early exposure and the species responds actions and settlements, we would not 1900s resulted in the degradation of negatively, the factor may be a threat. In be able to otherwise address the petition habitat within the Pine Creek watershed that case, we determine if that stressor to list the ELRT at that time, but would and a sharply declining ELRT rises to the level of a threat, meaning complete the action when workload and population. To ensure the persistence of that it may drive or contribute to the funding allowed. the subspecies and to sustain a trophy risk of extinction of the species such In a settlement agreement with fishery in Eagle Lake, a hatchery that the species warrants listing as an WildEarth Guardians dated May 10, program for the ELRT was created by endangered or threatened species as 2011 [WildEarth Guardians v. Salazar, the California Department of Fish and those terms are defined by the Act. This No. 10–377 (EGS) MDL Docket No. Wildlife (CDFW) in 1950. In 1959, the does not necessarily require empirical 2165], we agreed to complete our 90-day Pine Creek Fish Trap and barrier weir proof of a threat. The combination of finding on the 2003 petition to list the (Trap) was constructed at the mouth of exposure and some corroborating ELRT on or before September 30, 2012. Pine Creek to assist in the collection of evidence of how the species is likely On September 5, 2012, we published adult spawners for the hatchery affected could suffice. The mere our 90-day finding in the Federal program. The barrier weir blocked all identification of stressors that could Register (77 FR 54548), in which we fish passage except during high flow affect a species negatively is not determined that the petition presented events; then, in 1995, the weir was sufficient to compel a finding that substantial information indicating that modified further to block all fish listing is appropriate; we require the ELRT may be warranted for listing passage, even in high flow events. In evidence that these stressors are as an endangered or threatened species, addition to the barrier weir, past land operative threats that act on the species and initiated a status review and use practices had degraded stream to the point that the species meets the solicited information on the stressors conditions in the Pine Creek watershed. definition of an endangered species or a potentially affecting the ELRT. While the hatchery program threatened species under the Act. Specifically, we found that the petition substantially increased the ELRT In making our 12-month findings, we and information in our files indicated population from historic lows observed considered and evaluated the best that the habitat in Pine Creek, a in the 1930s–1940s, the blockage of available scientific and commercial tributary to Eagle Lake and the major natural stream spawning opportunities, information. stream spawning habitat for ELRT, was in combination with the degraded degraded and that access to the stream watershed conditions, prevented natural Eagle Lake Rainbow Trout was blocked by a weir used for lake-to-stream spawning and resulted in (Oncorhynchus mykiss aquilarum) collecting fish for hatchery purposes. an increased dependence on hatchery Previous Federal Actions We also found that the ELRT population propagation. in Pine Creek was subject to predation Stream-resident ELRT have been The Service has been petitioned three pressure from introduced nonnative observed spawning in the intermittent times to add the Eagle Lake rainbow brook trout (Salvelinus fontinalis). and perennial sections of Pine Creek, trout (Oncorhynchus mykiss aquilarum) On May 13, 2014, Western which may be contributing to the (ELRT) to the List of Endangered and Watersheds Project (WWP) submitted a natural reproductive population. There Threatened Wildlife under the authority notice of intent to sue the Service for was an observation of spawning within of the Act. On April 28, 1994, we failure to complete a 12-month finding the intermittent portions of Pine Creek received a petition from John F. Bosta, on the 2003 petition and determine the and the subsequent downstream of Susanville, California, requesting that listing status of the ELRT under the Act. migration of fry in 2011. There were we list the ELRT as an endangered or On September 23, 2014, WWP filed a also observations of spawning within threatened species, designate critical complaint (Western Watersheds Project the perennial portions of Pine Creek in habitat, and develop a recovery plan for v. Jewell et al.; Case 2:14–CV–02205– 2009, and fry were observed the the species. On August 7, 1995, we MCE–KJN) to compel the Service to following spring in Pine Creek. Some published our 90-day finding in the issue the 12-month finding. spawning activity has also been Federal Register (60 FR 40149) stating On March 17, 2015, the Service observed along the gravelly shores of that the petition did not present entered into a stipulated settlement Eagle Lake, but it is unknown if substantial information to indicate that agreement with WWP agreeing that no spawning was successful or if it listing the ELRT as an endangered or later than June 30, 2016, the Service contributed to recruitment of the threatened species under the Act may be would submit to the Federal Register a population. There has been recent warranted. 12-month finding as to whether listing successful spawning of ELRT in an On August 15, 2003, we received a the ELRT under the Act is warranted, aquarium at the Turtle Bay Museum in second petition from Mr. John Bosta, not warranted, or warranted but Redding, California, which suggests that requesting that we list the ELRT as an precluded. spawning outside of the stream habitat endangered or threatened species under is possible. the Act. On October 6, 2003, we Background received a similar petition from Mr. The ELRT is a subspecies of rainbow Summary of Status Review Chuck Sanford, of Loomis, California, trout endemic to the highly alkaline At the time of our 90-day finding in dated September 28, 2003. Mr. Sanford’s Eagle Lake and its main tributary, Pine 2012, we found that the petition petition repeated the same information Creek. Its range is restricted to Eagle presented substantial information that provided earlier in the Bosta 2003 Lake, Pine and Bogard Spring Creeks the ELRT may warrant listing due to the petition and was therefore treated as a within the Pine Creek watershed, and, present or threatened destruction,

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modification, or curtailment of its stressor—which historically had severe, for the ELRT, since it went from no habitat or range based on the presence high-level impacts—currently has only ability at all for natural spawning from of a hatchery weir on Pine Creek low-level impacts on the ELRT reflects Eagle Lake to significantly increased impeding fish passage, predation from a significant change in conditions that opportunities throughout the watershed. introduced nonnative brook trout on the has reduced the stressors on the ELRT Two of the stressors—predation from remnant ELRT population in the and improved its status. and competition with brook trout, and headwaters of Pine Creek, and because As noted above, beginning in 1959 the the potential effects from climate of the ongoing hatchery program and Pine Creek Fish Trap and barrier weir change—may result in moderate-level hatchery practices potentially causing prevented any migrations between Eagle effects. The populations of nonnative genotypic and phenotypic genetic shift Lake and suitable spawning habitat in brook trout that occur within the Pine in ELRT populations. Since our 90-day the upper Pine Creek watershed. Creek watershed have impeded the finding was issued on September 5, However, a fishway was installed in the ability of the ELRT to establish a large 2012, numerous conservation efforts Trap in 2012, which now fully allows stream population within the perennial have been implemented or are ongoing, upstream spawning migration runs. A portions of Pine and Bogard Spring and these conservation efforts have few other fish passage barriers still Creeks. The large brook trout population reduced the level of impact on the ELRT currently exist, higher up in the not only competes with the ELRT for from identified stressors. watershed upstream of the Trap, but resources, but also preys on ELRT eggs Stressors Impacting ELRT: In these are only barriers under extreme and juveniles. The presence of brook completing our status review for the low flow conditions and only have the trout likely precludes a robust ELRT, we reviewed the best scientific potential to be minor impediments to population of stream-dwelling ELRT, and commercial data available and habitat access by stream-resident fish in both those resident now and those compiled this information in the 2016 some locations. Currently, the only expected to migrate there now that Species Report for the Eagle Lake significant barrier to spawning passage barriers have been removed. Rainbow Trout (Oncorhynchus mykiss migration is the lack of consistent However, there have been observations aquilarum) (Service, 2016). For our annual flow within the lower, of individual ELRT and ELRT-spawning finding, we evaluated potential stressors intermittent portions of the Pine Creek in the perennial sections of the related to the ELRT and its habitat. The watershed. Past land use management watershed with brook trout present, different levels of impact of each practices, which have now been demonstrating an ability to withstand stressor or combination of stressors are discontinued, likely exacerbated the some level of co-occurrence. During a 3- defined as follows: (1) Low-level year electrofishing study in Bogard impacts are those that result in a minor effects of inconsistent flows by Spring Creek from 2007–2009, ELRT loss of individuals and/or habitat degrading habitat conditions, which in made up 3 percent of the fish caught, currently or expected in the future; (2) turn would have reduced the amount of and brook trout made up 92 percent moderate-level impacts are those that suitable migration opportunities. (Carmona-Catot et al. 2011, p. 331). result in more than a minor loss, but not However, this inconsistent flow barrier Competition with and predation from a widespread loss, of individuals and/or appears to be a natural condition of the nonnative brook trout will continue to habitat currently or expected in the system in which the ELRT has evolved. be a source of loss of individuals within future; and (3) high-level impacts are With the removal of the Trap as a barrier the Pine Creek watershed into the those that result in a widespread loss of and discontinuation of harmful land use future, for as long as brook trout are individuals and/or habitat currently or management practices that occurred in expected in the future. the past, the ELRT are now returned to present. However, this stressor does not The stressors we analyzed were the natural condition, including the rise to the level of a threat for the grazing, roads and railroads, water inconsistency of adequate annual flows. subspecies for several reasons: (1) Brook impoundments, fish passage barriers, As a result of this natural condition of trout only affect a small portion of the recreational fishing, predation from and inconsistent annual flows, there remains overall ELRT population, since brook competition with brook trout, disease, a potential that ELRT individuals during trout only occur in the perennial effects from artificial propagation, and the spring attempting to migrate into the portions of the Pine Creek Watershed effects from climate change. The full Pine Creek watershed to spawn may be and not in the lake, where the main analysis for all of these stressors can be either completely precluded from population of ELRT are found; (2) there found in the ELRT 12-Month Petition making spawning runs in any given is some evidence that ELRT may Finding’s Supporting Document at year, or get stranded before reaching successfully spawn apart from the upper http://www.regulations.gov (see spawning habitat. There is no watershed streams; (3) ELRT are able to ADDRESSES, above). As discussed in information to indicate these conditions co-occur at low levels in streams where greater detail in that document, we have will change (e.g., more frequent brook trout are present; and (4) the concluded, based on the best adequate annual flows) in the future, sustainable hatchery operations are information available at this time, that and therefore we believe this condition continuing to provide robust, healthy the effects from grazing, roads and will continue to result in a minor loss populations of ELRT throughout the railroads, water impoundments, fish of both individuals and habitat. entire watershed. passage barriers, recreational fishing, However, while remaining barriers may The effects of climate change will disease, and effects from artificial result in reduced habitat opportunities result in low- to moderate-level impacts propagation (all of the stressors in some locations, and inconsistent into the foreseeable future, depending analyzed, other than predation from and annual flows may result in reduced on various projected climate conditions. competition with brook trout and spawning opportunities or stranded Future climate trends and projected climate change, which, as discussed individuals, conservation efforts climate models show a range of further below, have moderate-level (including installation of the fishway in conditions that may occur in the future. impacts) are currently low-level impacts the Pine Creek fish trap) have Therefore, the degree to which climate to ELRT and will continue at a low level significantly improved the overall change acts on the subspecies may vary into the future. With respect to fish condition relative to passage barriers (within the low to moderate range) passage barriers, the fact that this and have greatly improved the outlook under each projected modeled scenario.

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Climate change may change the flow has been unable to migrate from Eagle each subsequent stressor, and all effects regime of the Pine Creek watershed, Lake to Pine Creek at all. This are combined in an overall impact on which may in turn influence the ELRT’s effectively means that, even if there is the species. Synergistic effects go ability to reach spawning habitat during some slight impact from a shift in the beyond a straightforward additive the typical spawning migration flow regime resulting from climate approach; instead a synergistic timeframe. Climate change models change, there will be a net increase in approach describes when multiple predict that winter temperatures would natural stream spawning, now and into stressors, interacting on a species or its increase, and that winter precipitation the future. For a more in-depth habitat at the same time, actually would shift from snow to rain. Under discussion of the potential effects from increase the intensity of one or more of the lower emission scenario, April climate change relative to ELRT those stressors. snowpack would be reduced 65 to 87 spawning, please see the ELRT 12- Past cumulative effects to habitat percent in the 5,740-foot (1,750-meter) Month Petition Finding’s Supporting within the Pine Creek watershed elevation range of Pine Creek, and under Document (see ADDRESSES). In addition, reduced the quality and quantity of the higher emission scenario, the while we have determined that the spawning and rearing habitat within the reduction would be from 95 to 97 potential effects from various climate Pine Creek watershed, and in percent. In either scenario, Pine Creek change scenarios are not likely to rise to conjunction with overharvesting, would be likely to flow more during the the level of impact on the ELRT such introduction of nonnative fish, and winter, due to winter rain events, but that it is in danger of extinction or likely lowering of the lake level, the flows from snowmelt during the spring to become so in the foreseeable future, population of ELRT declined. The population decline prompted the season would be lower. This has the based solely on projected conditions construction of the Trap and barrier potential to ‘‘shift’’ the flow regime that and conservation efforts that have weir to prevent the loss of adult is suitable for migration backwards in already been implemented and/or are individuals trying to migrate upstream the year toward the winter months. already ongoing and likely to continue and to collect adult spawners for Such a change would be likely to affect into the future. Planned conservation hatchery purposes. As a result of that ELRT’s spawning timing into upper (see below), including restoration of construction, the past cumulative Pine Creek. However, historically stream habitat, channel function, and hydrology, will further improve the impacts have been greatly reduced. (before climate change was a factor) Under the current conditions, we runoff timing and stream flow duration watershed’s hydrologic function and help make the watershed more resilient found that it would be reasonable to have always been a limiting anticipate cumulative effects on the environmental factor in successful to the effects of drought, potentially improving flow duration and volume. ELRT from climate change altering the spawning migrations of ELRT, and flow regime and the presence of brook Increasing the robustness of the stream observations have shown that ELRT has trout. These stressors combined may population will ensure natural a large variability in spawning timing. result in additional individuals being production will take place at times ELRT have been observed entering lost; however, this loss would still be when successful spawning migration is streams during spawning migrations considered a moderate-level impact: not possible, as the stream resident from early February through late May. More than a minor, but not widespread population will be capable of spawning The earliest spawning migration is loss of individuals, particularly when and rearing within Pine Creek, and then recorded as February 9 through 12, the installation of the fishway is likely migrate to Eagle Lake in subsequent 2015, when adult ELRT were seen to significantly improve the ability of years when conditions allow. Finally, entering Papoose Creek. The latest ELRT to spawn. We found no recorded spawning migration is within any improvements to the artificial information indicating a potential for Pine Creek, where adults were observed spawning program as a result of genetic synergistic effects between any of the spawning on May 23, 1975, and on May studies will potentially improve the stressors. Moreover, any such moderate- 22, 1995. Because of ELRT’s ability genetic variability of the subspecies, level impacts—even when combined historically to withstand stressful, making it more likely the ELRT will be with low-level impacts from other varying conditions, and their plasticity able to withstand environmental stressors—would not cause the ELRT to in spawning timing, the potential changes into the future. be in danger of extinction or likely to change in Pine Creek’s flow regime is In addition to evaluating the effect of become so in the foreseeable future. not likely to impede their spawning individual stressors, we also looked to Conservation Efforts: In addition to migrations significantly. However, one see whether multiple stressors may act evaluating the stressors, we also possible consequence of an earlier concurrently on the species, and considered and evaluated conservation spawning migration may be a reduction whether any synergistic effects were efforts that have been implemented and in the duration of the spawning season. likely. Multiple stressors may act on the shown to be effective in ameliorating Since spawning migrations are triggered same individuals of a species or their the effects of stressors on the ELRT. We by increasing water temperatures, habitat at the same time, which can describe below the sources of these earlier runoff will narrow the amount of result in impacts that are not accounted completed conservation efforts time when there is adequate runoff at for when stressors are analyzed (including some future conservation the appropriate temperature for the separately. Stressors that appear minor efforts yet to be implemented, although spawning migration. This may result in when considered alone may have we did not rely on those future fewer individuals migrating and, greater impacts on individuals or habitat conservation efforts for the ultimately, fewer individuals when analyzed cumulatively with other determination in this finding). To view contributing to the reproductive stressors. Furthermore, some stressors the complete suite of all conservation population. It is important to note that may act synergistically to cause impacts efforts, please see Tables 2 and 3 of the this discussion about potential effects to that are greater than the cumulative sum ELRT Species Report (Service, 2016, pp. spawning timing is in the context of a of the individual stressors. Cumulative 50–54, 57–60). newly re-established migratory effects can be described as additive, CRMP Group: In 1987, the connection between Eagle Lake and with the effects from each individual Coordinated Resource Management Pine Creek. For many years prior, ELRT stressor being added to the effect from Planning (CRMP) group was formed to

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identify goals and implement a course impacts. These conservation efforts Species Report (Service 2016, pp. 45– of action for habitat and ecosystem included: 54). Through the conservation strategy, restoration for Pine Creek. The CRMP —Removal of natural passage barriers; CDFW has successfully implemented group includes membership by the U.S. —Modified spawning practices to ELRT health monitoring for disease Forest Service (USFS), the University of increase genetic diversity; and control at the hatcheries, and adjusted California Cooperative Extension for —Marking hatchery-raised fish to hatchery operations, propagation efforts, Lassen County, the California monitor the ‘‘natural’’ population. fish stocking practices, and fish passage Department of Fish and Wildlife Role of CDFW Fish Hatcheries: Since strategies to benefit natural populations (CDFW), and local landowners and the 1950s, CDFW has been raising ELRT and spawning runs of ELRT in Pine interested parties. The initial goals for for fish stocking in Eagle Lake and Pine Creek. Based on the successful track restoring Pine Creek included: (1) Creek. In addition to other hatcheries record of numerous parties Improve streambank stability; (2) that raise ELRT for fish stocking implementing these conservation improve vegetation cover in the throughout the nation, there are actions together, we conclude that watershed; (3) raise the streambed and currently two CDFW fish hatcheries ongoing implementation of those water table in the drainage, and spread (Darrah Springs and Crystal Lake State actions is removing or reducing identified stressors to the subspecies or out peak flows of Pine Creek; (4) restore Fish Hatcheries) that raise ELRT for its habitat. the natural ELRT fishery in Pine Creek; stocking into Eagle Lake and Pine Creek. (5) improve wildlife habitat along Pine Both of these hatcheries have completed Finding Creek; (6) reduce nutrient and sediment conservation efforts recommended by Based on our review of the best loading into Eagle Lake from Pine Creek; the CRMP group and are currently available scientific and commercial (7) maintain grazing and timber participating in conservation efforts in information pertaining to the five management; and (8) meet goals in a support of the 2015 conservation factors, we find that the stressors acting coordinated effort with all affected agreement and conservation strategy. on the subspecies and its habitat, either parties. The Service has been The CDFW has been an active member singly or in combination, are not of occasionally involved in the planning in planning and implementing ELRT sufficient imminence, intensity, or efforts of the CRMP group since 1995. restoration actions since 1989 as part of magnitude to indicate that ELRT the CRMP group. CDFW assisted in the (Oncorhynchus mykiss aquilarum) is in The CRMP group has completed development of the conservation numerous successful restoration actions danger of extinction throughout all of its strategy and is a signatory agency on the range (an endangered species), or likely since 1989 to improve habitat conservation agreement. conditions and re-establish natural to become endangered within the The two CDFW fish hatcheries are foreseeable future (a threatened species). populations and spawning runs of ELRT being operated in a manner to provide within the Pine Creek watershed. Populations of ELRT are improving due conservation benefits to the subspecies to past conservation actions and Restoration actions have included, by: (1) Producing a large number of among other things, replacing culverts ongoing efforts to re-establish and stocked ELRT annually, with no increase naturally occurring to increase fish passage and improving indication or reason to stop doing so in grazing practices. A summary of the populations. Current and ongoing the future; (2) monitoring naturally habitat management and restoration restoration actions, both completed and produced fish; (3) managing for genetic activities for ELRT have made planned, is shown in Table 2 of the diversity and disease outbreak control; substantial progress since their Service’s ELRT Species Report (Service (4) providing access to upstream creek inception and are continuing into the 2016, pp. 49–54). As stated above, our reaches for spawning by installation of future. determination in this finding only relied the fishway at the Trap; and (5) We also considered whether the ELRT on those conservation efforts that have planning to remove predatory nonnative is threatened or endangered throughout been implemented and shown effective brook trout. In evaluating the a significant portion of its range. We at reducing or removing stressor conservation benefits from hatchery evaluated the current range of the ELRT impacts. 2015 ELRT Conservation operations, we did not rely on the to determine if there is any apparent Agreement and Conservation Strategy: A potential for brook trout removal. geographic concentration of potential 2015 conservation agreement for ELRT Instead, we focused on those actions threats for the ELRT. The ranges for and the associated conservation strategy already undertaken (removal of the Trap naturally occurring populations of ELRT were developed to expedite the as a passage barrier) and operations that are relatively small and limited to the implementation of conservation are already in place (propagation, watershed for where they are found, measures for the ELRT as a collaborative genetic practices, disease control), have unless they are stocked by CDFW in and cooperative effort among the CDFW, already provided conservation benefits, Eagle Lake and other areas due to the USFS, and the Service. The and will continue to do so into the artificial propagation. We also examined conservation strategy was created to future. potential stressors throughout the range serve as a framework for the The CRMP group has completed of the ELRT. Because the distribution of conservation and protection of the ELRT numerous successful restoration actions the subspecies is generally limited to and to contribute to the species’ to improve habitat conditions and Eagle Lake and the Pine Creek persistence into the future. Conservation reestablish natural populations and watershed, and the stressors are similar actions described in the conservation spawning runs of ELRT within the Pine and essentially uniform throughout the strategy are currently being Creek watershed since 1989. Restoration range, we found no portion of the range implemented by CDFW and USFS, or actions include, but are not limited to: that could qualify as a significant are being planned for future Improving grazing practices, replacing portion of the ELRT’s range and no implementation. As stated above, our culverts to increase fish passage, and concentration of stressors that suggests determination in this finding only relied attempting to remove nonnative brook that the ELRT may be in danger of on those conservation efforts that have trout from Bogard Spring Creek. A extinction, or likely to become in danger been implemented and shown effective summary of the restoration actions is of extinction, in any portion of its range. at reducing or removing stressor shown in Table 2 of the Services ELRT Therefore, we find that listing the ELRT

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as an endangered or a threatened it is endemic to Coffee Springs, a small development and land use, nonnative species throughout all of or a significant spring located within Ichetucknee species, and the effects of climate portion of its range is not warranted at Springs State Park along the west bank change as potential stressors to this this time. of the Ichetucknee River about 1.6 species. After examining these potential This document constitutes the kilometers (1.0 mile) northeast of U.S. stressors under a five-factor analysis, we Service’s 12-month finding on the Highway 27 in Suwannee County, found that they are not actual stressors petition to list the ELRT as an Florida. Coffee Springs is a third to the Ichetucknee siltsnail at this time. endangered or threatened species and magnitude spring with a flow of 2.83 CBD indicated that recreation was the fulfills our settlement obligation. A cubic feet per second (cfs) and a pool biggest threat, as recreational activities detailed discussion of the basis for this area between 364 square meters (m2; on the adjacent Ichetucknee River will finding can be found in the ELRT 3,918 square feet (ft2)) and 19 m2 (205 cause habitat degradation and Petition Finding’s Supporting Document ft2). The spring is open and continuous destruction. However, the Ichetucknee (see ADDRESSES, above). with the Ichetucknee River. The siltsnail State Park (Park) has fenced off Coffee exists throughout the entire spring in Springs from the Ichetucknee River to Ichetucknee Siltsnail (Floridobia mica) varying densities, and they are found in prevent any such disturbance to snail Previous Federal Actions nearly all habitat types within the habitat. The Park also is implementing spring. Little is known about the a management plan that includes On April 20, 2010, we received a Ichetucknee siltsnail’s biology and monitoring and protecting this species. petition from the Center for Biological behavior, as there has not been a Under this plan, Coffee Springs is Diversity (CBD), Alabama Rivers comprehensive study of the species. periodically monitored and inspected to Alliance, Clinch Coalition, Dogwood However, some of the life history of the ensure that no damage to the habitat Alliance, Gulf Restoration Network, genus Floridobia has been described. occurs and that there have been no Tennessee Forests Council, West Most Floridobia snails have a lifespan of changes to the habitat of the siltsnail or Virginia Highlands Conservancy, Tierra 1 to 2 years, and the sexes are dioecious the surrounding areas. Protective Curry, and Noah Greenwald (referred to (separate). Reproduction is sexual and fencing and signage in the area of Coffee as the ‘‘CBD petition’’) requesting that occurs throughout the year, and females Springs is also being maintained. the Service consider for listing as either may be either oviparous (egg-laying) or Groundwater depletion was identified endangered or threatened 404 species in ovoviviparous (live birth after eggs by CBD as a threat; however, it is not the southeastern United States, hatch inside the body). The females are expected to affect the population of including the Ichetucknee siltsnail, that larger than the males, and the ratio of siltsnails despite a flow deficit on the were ranked as G1 or G2 by the females to males tends to be greater. Ichetucknee River. In addition, organization NatureServe; as near Floridobia are found in greater minimum flows and levels (MFLs) for threatened or worse by the International abundance closer to spring heads, where the Lower Santa Fe and Ichetucknee Union for Conservation of Nature; or as the water temperature and flow are Rivers and priority springs areas, a species of concern, threatened, or steady and where dissolved oxygen including Coffee Springs, have been endangered by the American Fisheries levels are low. Abundance decreases established by the Suwannee River Society. The Service issued 90-day farther from the spring head, and Water Management District (SRWMD) findings on September 27, 2011 (76 FR population size seems to be influenced and an MFL recovery or prevention 59836), in response to the petition and by the substrates available in the springs strategy has been put into place that is concluded that the petition presented as well as by spring velocity, presence expected to raise the flows and levels so substantial information indicating that of macrophytes and algae mats, and that they will not fall below the the listing of 374 species (including the flood frequency. Abundance is established minimums and, therefore, Ichetucknee siltsnail) under the Act positively associated with the amount of we do not anticipate future negative ‘‘may be warranted.’’ On June 17, 2014, available shading. Floridobia are prey to effects on the species that would rise to CBD filed a complaint against the some small fishes; however, the role of the population level. Although Service to compel the Service to issue predators on the population size is identified by CBD, there is no evidence a 12-month finding as to whether the unknown. Floridobia graze on detritus of saltwater intrusion occurring in listing of the Ichetucknee siltsnail is and periphyton/biofilm. While a Coffee Springs or on the Ichetucknee warranted, not warranted, or warranted toxicity test has not been performed on River that would affect the Ichetucknee but precluded. The complaint was the Ichetucknee siltsnail, it is likely it siltsnail. There is a concern for resolved on September 22, 2014, when would be sensitive to contaminants, as groundwater contamination and water the U.S. District Court approved a studies on other Hydrobiidae snails pollution through increasing nitrate settlement agreement between the have shown low tolerance to levels in the Ichetucknee spring system Service and CBD, including a contaminants. based on samples taken within the commitment for the Service to submit a springs since the 1940s. However, these 12-month finding for the Ichetucknee Summary of Status Review changes have been very gradual, and siltsnail to the Federal Register by June The CBD petition identified recreation any future changes are also expected to 30, 2016. as the primary threat to the Ichetucknee occur very slowly. Currently, exposure siltsnail and also identified aquifer to increased nitrate levels does not Background withdrawal (groundwater depletion), appear to be having a negative effect on The Ichetucknee siltsnail (Floridobia saltwater intrusion within karst habitats, the Ichetucknee siltsnail. Additionally, mica) is a freshwater snail in the groundwater contamination and water Florida Department of Environmental phylum Mollusca, order pollution, small population size effects, Protection (FDEP) has been Littorinimorpha, and family and lack of regulatory mechanisms in implementing a basin management Hydrobiidae and is a distinct species. place to protect this snail as potential action plan (BMAP) since February of This snail is small with a shell that is stressors to the species. The Service 2012, for the management of total between 2.0 and 2.3 millimeters (0.08 to examined these potential stressors maximum daily load (TMDL) for 0.09 inches) in length. The Ichetucknee indicated by CBD, as well as the nitrates in the water systems of the siltsnail is known in only one locality; potential for contaminant spills, Ichetucknee River and Santa Fe River

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basins, which includes the Ichetucknee The existing regulatory mechanisms and commercial information, we found River and spring system, and water we examined are reducing, and likely to no evidence that these potential quality is expected to improve over continue reducing, the stressors. There stressors are acting on, or having a time. There is a buffer of State park land are a number of laws that set standards negative impact on, the Ichetucknee ranging from 500 to 1,700 m (5,381.96 for clean water generally such as the siltsnail. In addition, the State continues to 18,298.65 ft) wide surrounding both Clean Water Act of 1972 (CWA; 33 to manage the site to protect both the sides of the river at and upstream of U.S.C. 1251 et seq.) and the Safe habitat and the species. Drinking Water Act of 1974 (SDWA; 42 Coffee Springs. Therefore, contaminant Because the Ichetucknee siltsnail is U.S.C. 300f et seq.). The CWA and spills are unlikely to occur on the only known from one location (Coffee protected State park property and are SDWA are in place to protect water Springs), there is no portion of the therefore not considered a likely stressor quality such that it will be supportive of species’ range where potential threats to the Ichetucknee siltsnail or its aquatic wildlife. State regulatory are significantly concentrated or habitat. Development and land use are mechanisms in place include substantially greater than in other also not stressors, because Coffee protections of the Ichetucknee River and portions of its range. Therefore, we find Springs is located entirely within a springs under designation as class III protected zone in the State park land waters and as Outstanding Florida that factors affecting the Ichetucknee where development and other uses are Waters. Both of these designations siltsnail are essentially uniform excluded. ensure protection of water quality in the throughout its range, indicating no groundwater, springs, and surface portion of the range is likely to be in While nonnative species can danger of extinction or likely to become sometimes result in the loss and decline waters of the Ichetucknee River and so. Therefore, no portion warrants of a native species, and two nonnative spring system and are therefore also further consideration to determine species were identified in the protective of the habitat used by the whether the species may be endangered Ichetucknee River, neither of the Ichetucknee siltsnail. The SRWMD has or threatened in a significant portion of nonnative species was identified within included consideration of the its range. Coffee Springs, nor were they shown to Ichetucknee siltsnail within its established MFLs, and the Park has be colonizing the adjacent Ichetucknee Based on our review of the best included the management and River in high numbers. The best available scientific and commercial protection of snail habitat within its available information indicates that information pertaining to the five park management plan. FDEP has nonnative species are not affecting the factors, we find that the stressors, even enacted a BMAP for the management of Ichetucknee siltsnail at the species level when considered cumulatively, are not TMDLs for nitrates in the water systems now, nor do we have indication that of sufficient imminence, intensity, or of the Ichetucknee River and Santa Fe they will in the future. While climate magnitude to indicate that the River basins. While this is not change has the potential to affect habitat Ichetucknee siltsnail is in danger of specifically designed to alleviate used by this species, much uncertainty stressors on the Ichetucknee siltsnail, its extinction (endangered), or likely to remains regarding which habitat purpose is to ensure that TMDLs within become endangered within the attributes may be affected, and the the Ichetucknee River and spring system foreseeable future (threatened), timing, magnitude, and rate of change. are monitored and managed. throughout all of its range or any Based on this variability and In making our 12-month finding on significant portion of its range. uncertainty of the effects of climate the petition, we consider and evaluate Therefore, we find that listing the change on the Ichetucknee siltsnail the best available scientific and Ichetucknee siltsnail as an endangered within its range, we cannot reasonably commercial information. This or threatened species under the Act is determine that the effects of climate evaluation includes information from all not warranted at this time. change are likely to be a threat to the sources, including State, Federal, tribal, This document constitutes the species now or in the foreseeable future. academic, and private entities and the Service’s 12-month finding on the April Small population size effects are one of public. After evaluating the best 20, 2010, petition to list the Ichetucknee the reasons the Ichetucknee siltsnail available scientific and commercial siltsnail as an endangered or threatened was identified under the CBD petition information on all potential stressors species and fulfills our settlement as a species at risk for extinction. acting individually or in combination, obligation. A detailed discussion of the However, the known distribution of the we found no information to indicate basis for this finding can be found in the species has always been limited and that the combined effects are causing a Ichetucknee Siltsnail Petition Finding’s small, and the population within the population-level decline or currently spring appears to be healthy and Supporting Document (see ADDRESSES, degrading habitat of the species or that above). abundant, has persisted in this location, they are likely to do so in the and does not appear to be negatively foreseeable future. New Information affected at the population level by the potential stressors identified in the CBD Finding We request that you submit any new petition or by the potential stressors we We examined potential threats to the information concerning the status of, or identified. In addition, measures are in Ichetucknee siltsnail from development, stressors to, the Eagle Lake rainbow place to protect or monitor both the recreation, groundwater withdrawal, trout or the Ichetucknee siltsnail to the habitat and the population. The CBD nonnative species, environmental appropriate person, as specified under petition did not identify overutilization, contaminants, overutilization, disease or FOR FURTHER INFORMATION CONTACT, disease, or predation as threats to the predation, the inadequacy of existing whenever it becomes available. New species, and the best available scientific regulatory mechanisms, small information will help us monitor these and commercial information does not population size, and the effects of species and encourage their indicate that these stressors are climate change. The population is now conservation. If an emergency situation negatively affecting the Ichetucknee the largest it has ever been and appears develops for either of these species, we siltsnail, or that they are likely to do so to have been stable since 1968. After will act to provide immediate in the foreseeable future. evaluating the best available scientific protection.

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References Cited Georgia Basin canary rockfish otherwise sensitive information Lists of the references cited in the population does not meet the DPS submitted voluntarily by the sender will petition findings are available on the criteria and therefore does not qualify be publicly accessible. We will accept Internet at http://www.regulations.gov for listing under the ESA. anonymous comments (enter ‘‘N/A’’ in We also propose to update and amend and upon request from the appropriate the required fields if you wish to remain the listing description for the Puget person, as specified under FOR FURTHER anonymous). Sound/Georgia Basin yelloweye rockfish INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Dan (S. ruberrimus) DPS based on a Tonnes, NMFS, West Coast Region, Authors geographic description to include fish Protected Resources Division, 206–526– The primary authors of this document within specified boundaries. Further, 4643; or Chelsey Young, NMFS, Office are the staff members of the Unified although the current listing description of Protected Resources, 301–427–8403. Listing Team, Ecological Services is not based on boundaries, with this SUPPLEMENTARY INFORMATION: Program. proposal we are also correcting a descriptive boundary for the DPS Background Authority depicted on maps to include an area in We have been petitioned several times The authority for this section is the northern Johnstone Strait and Queen to list various ‘‘DPSs’’ of rockfish in the section 4 of the Endangered Species Act Charlotte Channel in waters of Canada Puget Sound region. In response to a of 1973, as amended (16 U.S.C. 1531 et consistent with newly obtained genetic petition in 1999, we conducted a status seq.). information on yelloweye rockfish review of brown rockfish, copper population grouping. rockfish, and quillback rockfish (Stout Dated: June 24, 2016. We also propose to update and amend Stephen Guertin, et al. 2001). During this status review, the listing description for the bocaccio the Biological Review Team (BRT) that Acting Director, U.S. Fish and Wildlife DPS based on a geographic description Service. we established determined that the and to include fish within specified available genetic information for each [FR Doc. 2016–15935 Filed 7–5–16; 8:45 am] boundaries. species demonstrated population BILLING CODE 4333–15–P DATES: Information and comments on structure and supported a determination the subject action must be received by of discreteness as defined by the joint September 6, 2016. NMFS and U.S. Fish and Wildlife DEPARTMENT OF COMMERCE ADDRESSES: Reference materials Service (USFWS) 1996 DPS Policy (61 FR 4722; February 7, 1996). Based on National Oceanic and Atmospheric supporting this rulemaking can be this examination, the BRT identified a Administration obtained via the Internet at: http:// www.westcoast.fisheries.noaa.gov/ or by DPS for each of the three rockfish species in Puget Sound proper that can 50 CFR Parts 223 and 224 submitting a request to Dan Tonnes, Protected Resources Division, West be considered a species under the ESA, [Docket No. 160524463–6544–01] Coast Region, National Marine Fisheries and concluded that none of the Service, 7600 Sand Point Way NE., identified DPSs were at risk of RIN 0648–XE657 Seattle WA, 98115. extinction (Stout et al. 2001). Endangered and Threatened Species; You may submit comments, identified On April 9, 2007, we received a Removal of the Puget Sound/Georgia by the code: NOAA–NMFS–2016–0070 petition from Mr. Sam Wright (Olympia, by either of the following methods: Washington) to list DPSs of five rockfish Basin Distinct Population Segment of • Canary Rockfish From the Federal List Electronic Submissions: Submit all species (yelloweye, canary, bocaccio, of Threatened and Endangered electronic public comments via the greenstriped and redstripe) in Puget Species, and Removal of Designated Federal eRulemaking Portal. Go to Sound, as endangered or threatened Critical Habitat, and Update and www.regulations.gov/ species under the ESA and to designate Amend the Listing Descriptions for the #!docketDetail;D=NOAA-NMFS-2016- critical habitat. We found that this Yelloweye Rockfish DPS and Bocaccio 0070. Click the ‘‘Comment Now’’ icon, petition did not present substantial DPS complete the required fields, and enter scientific or commercial information to or attach your comments. suggest that the petitioned actions may AGENCY: National Marine Fisheries • Mail: Send comments to Chris be warranted (72 FR 56986; October 5, Service (NMFS), National Oceanic and Yates, Assistant Regional Administrator, 2007). On October 29, 2007, we received Atmospheric Administration (NOAA), Protected Resources Division, NMFS, a letter from Mr. Wright presenting Commerce. West Coast Regional Office, Attn: Dan information that was not included in the ACTION: Proposed rule; request for Tonnes, 7600 Sand Point Way NE., April 2007 petition, and requesting comments. Seattle, WA 98115. reconsideration of the decision not to Instructions: You must submit initiate a review of the species’ status. SUMMARY: We, NMFS, are issuing a comments by one of the above methods We considered the supplemental proposed rule to remove the Puget to ensure that we receive, document, information as a new petition and Sound/Georgia Basin canary rockfish and consider them. Comments sent by concluded that there was enough (Sebastes pinniger) Distinct Population any other method, to any other address information in this new petition to Segment (DPS) from the Federal List of or individual, or received after the end warrant conducting status reviews of Threatened and Endangered Species of the comment period, may not be these five rockfish species. The status and remove its critical habitat considered. All comments received are review was initiated on March 17, 2008 designation as recommended in the a part of the public record and will (73 FR 14195) and completed in 2010 recent five-year review under the generally be posted for public viewing (Drake et al. 2010). Endangered Species Act (ESA). We on http://www.regulations.gov without In the 2010 status review, the BRT propose these actions based on newly change. All personal identifying used the best scientific and commercial obtained genetic information that information (e.g., name, address, etc.), data available at that time, including demonstrates that the Puget Sound/ confidential business information, or environmental and ecological features of

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