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Endangered Species Status for Black Warrior Waterdog

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Endangered Species Status for Black Warrior Waterdog Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations 257 Public Notice in this proceeding are 29. For further information The coordinates or plot points or both hereby incorporated by reference. concerning the MF–II Challenge Process from which the maps are generated are Comment Public Notice, contact included in the administrative record 6. Steps Taken To Minimize the Jonathan McCormack, Auctions and for the critical habitat designation and Significant Economic Impact on Small Spectrum Access Division, Wireless are available at http:// Entities, and Significant Alternatives Telecommunications Bureau, at (202) www.regulations.gov at Docket No. Considered 418–0660. FWS–R4–ES–2016–0031, and at the 25. The RFA requires an agency to Federal Communications Commission. Alabama Ecological Services Field describe any significant alternatives that Office (https://www.fws.gov/alabama) William W. Huber, it has considered in reaching its (see FOR FURTHER INFORMATION CONTACT). proposed approach, which may include Associate Chief, Auctions and Spectrum Any additional tools or supporting the following four alternatives (among Access Division, WTB. information that we developed for this others): (1) The establishment of [FR Doc. 2017–28421 Filed 1–2–18; 8:45 am] final rule will also be available at the differing compliance or reporting BILLING CODE 6712–01–P U.S. Fish and Wildlife Service website requirements or timetables that take into and Field Office set out above, and may account the resources available to small also be included in the preamble and at entities; (2) the clarification, DEPARTMENT OF THE INTERIOR http://www.regulations.gov. consolidation, or simplification of FOR FURTHER INFORMATION CONTACT: compliance or reporting requirements Fish and Wildlife Service William Pearson, Field Supervisor, U.S. under the rule for small entities; (3) the Fish and Wildlife Service (see use of performance, rather than design, 50 CFR Part 17 ADDRESSES above). Persons who use a standards; and (4) and exemption from telecommunications device for the deaf coverage of the rule, or any part thereof, [Docket Nos. FWS–R4–ES–2016–0029 and FWS–R4–ES–2016–0031; 4500030113] (TDD) may call the Federal Relay for small entities. Service at 800–877–8339. 26. The analysis of the Commission’s RIN 1018–BA78; RIN 1018–BA79 SUPPLEMENTARY INFORMATION: efforts to minimize the possible This document consists of: (1) A final significant economic impact on small Endangered and Threatened Wildlife rule to list the Black Warrior waterdog entities as described in the previous and Plants; Endangered Species as endangered and (2) a final critical MF–II Order FRFAs are hereby Status for Black Warrior Waterdog and habitat designation for the Black incorporated by reference. As discussed Designation of Critical Habitat Warrior waterdog. above, the requirements and procedures AGENCY: Fish and Wildlife Service, established in the MF–II Challenge Executive Summary Interior. Process Handset Public Notice are Why we need to publish a rule. Under intended to provide small entities with ACTION: Final rule. the Endangered Species Act, a species sufficient flexibility to choose a device SUMMARY: We, the U.S. Fish and may warrant protection through listing that fits their needs and budgets thereby Wildlife Service (Service), determine if it is endangered or threatened minimizing significant economic impact endangered species status under the throughout all or a significant portion of on small entities. Endangered Species Act of 1973 (Act), its range. Listing a species as an 7. Report to Congress as amended for the Black Warrior endangered or threatened species can waterdog (Necturus alabamensis) and only be completed by issuing a rule. 27. The Commission will send a copy designate critical habitat. The effect of What this rule does. This rule will of the MF–II Challenge Process Handset this regulation will be to add this finalize the listing of the Black Warrior Public Notice, including this SFRFA, in species to the List of Endangered and waterdog (Necturus alabamensis) as an a report to Congress pursuant to the Threatened Wildlife and designate endangered species and will finalize Congressional Review Act. In addition, critical habit for this species. In total, designation of critical habitat for the the Commission will send a copy of the approximately 673 kilometers (420 species under the Act. We are MF–II Challenge Process Handset Public miles) of streams and rivers in Blount, designating critical habitat for the Notice, including this SFRFA, to the Etowah, Jefferson, Lawrence, Marshall, species in four units, on public and Chief Counsel for Advocacy of the SBA. Tuscaloosa, Walker, and Winston private property totaling 673 kilometers A copy of the MF–II Challenge Process Counties, Alabama, fall within the (420 miles) of streams and rivers in Handset Public Notice, and SFRFA (or boundaries of the critical habitat Blount, Etowah, Jefferson, Lawrence, summaries thereof) will also be designation. Marshall, Tuscaloosa, Walker, and published in the Federal Register. Winston Counties, Alabama. This rule DATES: This rule is effective February 2, adds the Black Warrior waterdog to the IV. Contact Information 2018. List of Endangered and Threatened 28. For information on the one-time ADDRESSES: This final rule is available Wildlife in title 50 of the Code of 4G LTE coverage data collection, see 4G on the internet at http:// Federal Regulations at 50 CFR 17.11(h) LTE Collection Instructions Public www.regulations.gov and http:// and adds critical habitat for this species Notice, or consult the Commission’s www.fws.gov/daphne/. Comments, to 50 CFR 17.95(d). MF–II 4G LTE Data Collection web page materials, and documentation that we The basis for our action. Under the at www.fcc.gov/MF2-LTE-Collection. considered in this rulemaking will be Act, we may determine that a species is Please note that responses to the MF–II available by appointment, during endangered or threatened based on any 4G LTE data collection are due by normal business hours, at: U.S. Fish and of the following five factors: (A) The January 4, 2018. Parties with questions Wildlife Service, Alabama Ecological present or threatened destruction, about the collection should email Services Field Office, 1208 Main Street, modification, or curtailment of its [email protected] or contact Ken Lynch at Daphne, AL 36526; by telephone 251– habitat or range; (B) overutilization for (202) 418–7356 or Ben Freeman at (202) 441–5184; or by facsimile 251–441– commercial, recreational, scientific, or 418–0628. 6222. educational purposes; (C) disease or VerDate Sep<11>2014 15:15 Jan 02, 2018 Jkt 244001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\03JAR1.SGM 03JAR1 jstallworth on DSKBBY8HB2PROD with RULES 258 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations predation; (D) the inadequacy of parties submit written comments on the addition of Turkey Creek (Jefferson existing regulatory mechanisms; or (E) proposals by December 5, 2016. We also County) to the critical habitat other natural or manmade factors contacted appropriate Federal and State designation. One peer reviewer affecting its continued existence. We agencies, scientific experts and recommended ‘‘other headwater have determined that the Black Warrior organizations, and other interested streams, as not to overlook streams waterdog is endangered by habitat loss parties and invited them to comment on potentially important to the recovery.’’ and water quality degradation resulting the proposal. Newspaper notices All three peer reviewers noted that these from point source and non-point source inviting general public comment were other areas have suitable habitat and pollution, urbanization, legacy effects of published in the following: AL.com; The potentially support (or may in the future past forestry and other land use Blount Countian; The Cullman Times; support) the species and would be practices, surface coal mining, Daily Mountain Eagle; Decatur Daily; crucial to the recovery of the Black sedimentation, and impoundments. Moulton Advertiser; Northwest Warrior waterdog. Under the Act, if we determine that Alabamian; and The Times Record. We Our Response: The streams any species is a threatened or did not receive any requests for a public mentioned by the commenters are endangered species we must, to the hearing. encompassed within the species’ maximum extent prudent and historical range, the upper Black determinable, designate critical habitat. Peer Reviewer Comments Warrior Basin. However, the Black Section 4(b)(2) of the Act states that the In accordance with our peer review Warrior waterdog has never been Secretary shall designate and make policy published in the Federal Register documented in these headwater streams revisions to critical habitat on the basis on July 1, 1994 (59 FR 34270), and our this far up in the basin, although some of the best available scientific data after August 22, 2016, memorandum lower segments of these streams may taking into consideration the economic updating and clarifying the role of peer contain suitable habitat. Since they do impact, national security impact, and review of listing actions under the Act, not provide connectivity between any other relevant impact of specifying we solicited expert opinions from five occupied sites for genetic exchange, and any particular area as critical habitat. knowledgeable individuals with therefore it is unknown if a population The Secretary may exclude an area from scientific expertise that included of the species could be successfully critical habitat if he determines that the familiarity with the species and the reestablished in an area that never had benefits of such exclusion outweigh the geographic region in which the species waterdogs, we determined that these benefits of specifying such area as part occurs, the species’ habitat and sites were not essential to the of the critical habitat, unless he biological needs, and conservation conservation of the species (see determines, based on the best scientific biology principles. We received response to comment 11 below).
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