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Sandra K. Knight, (Braille, large print, electronic files, tariffs electronically over the Internet, Deputy Associate Administrator for audio format), send an e-mail to using the Electronic Tariff Filing System Mitigation, Department of Homeland [email protected] or call the Consumer (ETFS). Additionally, the Commission Security, Federal Emergency Management and Governmental Affairs Bureau at clarifies and makes more consistent Agency. (202) 418–0530 (voice), (202) 418–0432 certain technical rules related to tariff [FR Doc. 2011–25871 Filed 10–5–11; 8:45 am] (TTY). filings. The Commission concludes that BILLING CODE 9110–12–P it is appropriate to apply the same Synopsis electronic filing requirements to all As required by the Paperwork tariff filers and expands the FEDERAL COMMUNICATIONS Reduction Act of 1995 (44 U.S.C. 3507), applicability of the Commission’s rules COMMISSION the FCC is notifying the public that it to include all tariff filers. The received OMB approval on July 20, Commission also concludes that the 47 CFR Parts 61 and 64 2011, for the information collection Commission’s rules, which require [WC Docket No. 10–141; FCC 11–92] requirements contained in the specific formatting and composition of modifications to the Commission’s rules tariffs, will now apply to all tariff filers. Electronic Tariff Filing System (ETFS) in 47 CFR parts 61 and 64. The Chief of the Wireline Competition Under 5 CFR part 1320, an agency Bureau will be responsible for AGENCY: Federal Communications may not conduct or sponsor a collection administering the adoption of electronic Commission. of information unless it displays a tariff filing requirements for all tariff ACTION: Final rule; announcement of current, valid OMB Control Number. filers. effective date. No person shall be subject to any Federal Communications Commission. penalty for failing to comply with a SUMMARY: In this document, the collection of information subject to the Marlene H. Dortch, Commission announces that the Office Paperwork Reduction Act that does not Secretary. of Management and Budget (OMB) has display a current, valid OMB Control [FR Doc. 2011–25801 Filed 10–5–11; 8:45 am] approved, for a period of three years, the Number. The OMB Control Number is BILLING CODE 6712–01–P information collection associated with 3060–1142. the Commission’s Electronic Tariff The foregoing notice is required by Filing System (ETFS), Report and Order the Paperwork Reduction Act of 1995, DEPARTMENT OF THE INTERIOR (Order). This notice is consistent with Public Law 104–13, October 1, 1995, the Order, which stated that the and 44 U.S.C. 3507. Fish and Wildlife Service Commission would publish a document The total annual reporting burdens in the Federal Register announcing the and costs for the respondents are as 50 CFR Part 17 effective date of those rules. follows: [Docket No. FWS–R3–ES–2009–0009; MO DATES: The rules published at 47 CFR in OMB Control Number: 3060–1142. 92210–0–0008–B2] parts 61 and 64 published at 76 FR OMB Approval Date: July 20, 2011. 43206, July 20, 2011, are effective OMB Expiration Date: September 30, RIN 1018–AV94 November 17, 2011. 2013. Endangered and Threatened Wildlife FOR FURTHER INFORMATION CONTACT: Title: Electronic Tariff Filing System, WC Docket No. 10–141. and Plants; Endangered Status for the Pamela Arluk, Pricing Policy Division, Ozark Hellbender Salamander Wireline Competition Bureau, at (202) Form Number: N/A. 418–1520, or email: Respondents: Business or other for- AGENCY: Fish and Wildlife Service, [email protected]. profit entities. Interior. Number of Respondents and ACTION: Final rule. SUPPLEMENTARY INFORMATION: This Responses: 1,500 respondents; 1,500 document announces that, on July 20, responses. SUMMARY: We, the U.S. Fish and 2011, OMB approved, for a period of Estimated Time per Response: 1 hour. Wildlife Service (Service), determine three years, the information collection Frequency of Response: Annual and endangered status under the requirements contained in the on-occasion reporting requirements. Endangered Species Act of 1973 (Act), Commission’s Order, FCC 11–92, Obligation to Respond: Required to as amended, for the Ozark Hellbender published at 76 FR 43206, July 20, 2011. obtain or retain benefits. The statutory (Cryptobranchus alleganiensis bishopi), The OMB Control Number is 3060– authority for this information collection a subspecies found in northern 1142. The Commission publishes this is found at sections 1, 2, 4(i), 201–205, Arkansas and southern Missouri. This notice as an announcement of the and 226(h)(1)(A) of the Communications final rule implements the Federal effective date of the rules. If you have Act of 1934, as amended (Act), 47 U.S.C. protections provided by the Act for this any comments on the burden estimates 151, 152, 154(i), 201–205, and species. We have also determined that listed below, or how the Commission 226(h)(1)(A). the designation of critical habitat for the can improve the collections and reduce Total Annual Burden: 1,500 hours. Ozark Hellbender is not prudent. The any burdens caused thereby, please Total Annual Cost: $1,222,500. final rule for the CITES Appendix III contact Cathy Williams, Federal Nature and Extent of Confidentiality: listing for the Ozark and Eastern Communications Commission, Room 1– An assurance of confidentiality is not Hellbender is being published C823, 445 12th Street, SW., Washington, offered because this information concurrently in today’s Federal DC 20554. Please include the OMB collection does not require the Register. Control Number, 3060–1142, in your collection of personally identifiable correspondence. The Commission will information (PII) from individuals. DATES: This final rule is effective also accept your comments via e-mail at Needs and Uses: In this document, November 7, 2011. [email protected]. the Federal Communications ADDRESSES: The final rule is available To request materials in accessible Commission (Commission) adopts rule on the Internet at http:// formats for people with disabilities revisions enabling all tariff filers to file www.regulations.gov and at the

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Columbia Missouri Ecological Services published concurrently in today’s in separate, nonoverlapping geographic Field Office. Comments and materials Federal Register. areas (Dundee 1971, p. 101.1). However, received, as well as supporting despite some phenotypic and genetic Species Description documentation used in the preparation differences between Ozark and Eastern of this rule, will be available for public The Ozark Hellbender is a large, hellbenders (Grobman 1943, pp. 6–9; inspection, by appointment, during strictly aquatic salamander endemic to Dundee and Dundee 1965, p. 370; normal business hours at: U.S. Fish and streams of the Ozark Plateau in southern Dundee 1971, p. 101.1; Routman 1993, Wildlife Service, Columbia Missouri Missouri and northern Arkansas. Its pp. 410–415; Kucuktas et al. 2001, p. Ecological Services Field Office, 101 dorso-ventrally flattened body form 127), the suggestion to elevate Ozark Park De Ville Dr., Suite A, Columbia, enables movements in the fast-flowing and Eastern hellbenders to species MO 65203; telephone: 573–234–2132; streams it inhabits (Nickerson and Mays status was never accepted by other facsimile: 573–234–2181. 1973a, p. 1). Ozark Hellbenders have a taxonomists (Crother et al. 2008, p. 15). large, keeled tail and tiny eyes. An adult FOR FURTHER INFORMATION CONTACT: We will continue to use the may attain a total length of 11.4 to 22.4 Charles Scott, Field Supervisor, at the nomenclature C. a. bishopi for the Ozark inches (in) (29 to 57 centimeters (cm)) U.S. Fish and Wildlife Service, Hellbender, which is the taxonomy (Dundee and Dundee 1965, pp. 369– Columbia Missouri Ecological Services currently recognized by the Committee 370; Johnson 2000, p. 41). Numerous Field Office (see ADDRESSES section). If on Standard English and Scientific fleshy folds along the sides of the body Names (Crother et al. 2008, p. 15). you use a telecommunications device provide surface area for respiration for the deaf (TDD), please call the Although discussion continues over the (Nickerson and Mays 1973a, pp. 26–28) taxonomic status of the Ozark Federal Information Relay Service and obscure their poorly developed (FIRS) at 800–877–8339. Hellbender, the designation of the Ozark costal grooves (grooves in the inner Hellbender as a species or subspecies SUPPLEMENTARY INFORMATION: border of the ribs; Dundee 1971, p. does not affect its qualification for Background 101.1). Ozark Hellbenders are listing under the Act (16 U.S.C. 1531 et distinguishable from Eastern seq.). The Endangered Species Act of 1973, Hellbenders (Cryptobranchus as amended (Act) (16 U.S.C. 1531 et alleganiensis alleganiensis) by their Habitat and Life History seq.) is a law that was passed to prevent smaller body size, dorsal blotches, Eastern and Ozark hellbenders are extinction of species by providing increased skin mottling, heavily similar in habitat selection, movement, measures to help alleviate the loss of pigmented lower lip, smooth surfaced and reproductive biology (Nickerson species and their habitats. Before a plant lateral line system, and reduced and Mays 1973a, pp. 44–55). Published or animal species can receive the spiracular openings (openings where works on the Eastern Hellbender protection provided by the Act, it must water is expelled out of the body) provide insights into Ozark Hellbender first be added to the Federal Lists of (Grobman 1943, p. 6; Dundee 1971, p. ecology. Adult Ozark Hellbenders are Threatened and Endangered Wildlife 101.3; Peterson et al. 1983, pp. 227–231; frequently found beneath large rocks, and Plants; section 4 of the Act and its LaClaire 1993, pp. 1–2). Despite these typically limestone or dolomite, and in implementing regulations at 50 CFR part distinguishing characteristics, the two moderate to deep (less than 3 feet (ft) to 424 set forth the procedures for adding subspecies are not easily or readily 9.8 ft (less than 1 meter (m) to 3 m)), species to these lists. We published a distinguishable absent the presence of rocky, fast-flowing streams in the Ozark proposed rule (75 FR 54561) to list the both subspecies or when encountered Plateau (Johnson 2000, p. 42; Fobes and Ozark Hellbender (Cryptobranchus outside of their subspecies’ range. Wilkinson 1995, pp. 5–7). In spring-fed alleganiensis bishopi) as endangered streams, Ozark Hellbenders will often Taxonomy under the Endangered Species Act, as concentrate downstream of the spring, amended (Act; 16 U.S.C. 1531 et seq.) The Ozark Hellbender was originally where there is little water temperature on September 8, 2010, with a 60-day described as Cryptobranchus bishopi by change throughout the year (Dundee public comment period. Grobman (1943, pp. 6–9) from a and Dundee 1965, p. 370). Adults are specimen collected from the Current Previous Federal Action nocturnal, remaining beneath cover River in Carter County, Missouri. Based during the day and emerging to forage Federal actions for this species prior on the slight morphological and at night, primarily on crayfish. They are to September 8, 2010, are outlined in ecological variation within the genus diurnal during the breeding season our proposed rule for this action (75 FR Cryptobranchus, Dundee and Dundee (Nickerson and Mays 1973a, pp. 40–41; 54561). We implemented the Service’s (1965, pp. 369–370) determined Noeske and Nickerson 1979, pp. 92, 94). peer review process and opened a 60- subspecific status for Ozark and Eastern Ozark Hellbenders are territorial and day comment period to solicit scientific hellbenders as within the hellbender, C. will defend occupied cover from other and commercial information on the alleganiensis complex sensu lato (which hellbenders (Nickerson and Mays 1973a, species from all interested parties means, ‘‘in the broad sense’’ and is used pp. 42–43). This species migrates little following publication of the proposed when two subspecies are derived from throughout its life. For example, one rule. Because collection for trade is a single species within a broader tagging study revealed that 70 percent of considered a primary threat, we context). Subsequent genetic analyses marked individuals moved less than 100 coordinated with our Division of by Merkle et al. (1977, pp. 550–552) and ft (30 m) from the site of original capture Management Authority to develop, Shaffer and Breden (1989, pp. 1017– (Nickerson and Mays 1973b, p. 1165). concurrent with that proposal, a 1022) supported the classification of the Home ranges average 91.9 square (sq) ft proposal to list the Ozark Hellbender as Ozark and Eastern hellbender as (28 sq m) for females and 265.7 sq ft (81 well as the Eastern Hellbender in subspecies. In 1991 Collins (1991, pp. sq m) for males (Peterson and Wilkinson Appendix III of the Convention on 42–43) attempted to revive the 1996, p. 126). International Trade in Endangered designation of C. bishopi, due to the Hellbenders are habitat specialists Species of Wild Fauna and Flora lack of intergradation between the that depend on consistent levels of (CITES) (75 FR 54579). The final rule for Eastern and Ozark Hellbenders, dissolved oxygen, temperature, and flow the CITES Appendix III listing is being primarily a result of the taxa occurring (Williams et al. 1981, p. 97). The lower

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dissolved-oxygen levels found in warm Eastern Hellbender from the Little River 2007, pp. 8, 80–86). The results of the or standing water do not provide for the in Tennessee exclusively contained model are presented in the river-specific hellbender’s respiratory needs. In fact, aquatic insects. population accounts below. hellbenders have been observed rocking During or shortly after eggs are laid, A description of what we know about or swaying in still, warm water males and females may prey upon their Ozark Hellbender populations follows, (Williams et al. 1981, p. 97) to increase own and other individuals’ clutches. including current population estimates their exposure to oxygen. Hutchison and Most hellbenders examined during the from the hellbender PHVA (Briggler et Hill (1976, p. 327) found that the breeding season contain between 15 and al. 2007, pp. 83–84). hellbender exhibits a preferred mean 25 eggs in their stomachs (Smith 1907, White River—There are only two water temperature of 52.9 °F (11.6 °C), p. 26). Males frequently regurgitate eggs Ozark Hellbender records from the main 63.9 °F (17.7 °C), and 71.1 °F (21.7 °C) (King 1939, p. 548; Pfingsten 1990, p. stem of the White River. In 1997, an for individuals acclimatized to 49), and females sometimes eat their Ozark Hellbender was recorded in temperatures of 41 °F (5 °C), 59 °F (15 own eggs while ovipositing (laying) Baxter County, Arkansas (Irwin 2008a, °C), and 77 °F (25 °C), respectively. them (Nickerson and Mays 1973a, p. pers. comm.). No hellbenders were Hutchison et al. (1973, p. 807) found the 46). Topping and Ingersol (1981, p. 875) found during a 2001 survey of the lower mean critical thermal maxima (the found that up to 24 percent of the gravid portion of the White River, but in 2003, temperature at which animals lose their (egg-bearing) females examined from the an angler caught a specimen in organized locomotory ability and are Niangua River in Missouri retained their Independence County, Arkansas (Irwin unable to escape from conditions that eggs and eventually reabsorbed them. 2008a, pers. comm.). We do not know whether a viable population exists (or would promptly lead to their death) of Range Ozark Hellbenders was 90.9 °F (32.7 °C) whether hellbenders are able to exist) in at 41 °F (5 °C) acclimation, 91.2 °F (32.9 Ozark Hellbenders are endemic to the the main stem of the White River or if °C) at 59 °F (15 °C), and 97.7 °F (36.5 White River drainage in northern the individuals captured are members of °C) at 77° F (25 °C). Arkansas and southern Missouri a relic population that was separated Hellbenders are long-lived, capable of (Johnson 2000, pp. 40–41), historically from the North Fork White River living 25 to 30 years in the wild occurring in portions of the Spring, population by Norfork Reservoir. Much (Peterson et al. 1983, p. 228). White, Black, Eleven Point, and Current of the potentially occupied hellbender Hellbenders may live up to 29 years in Rivers and their tributaries (North Fork habitat was destroyed by the series of captivity (Nigrelli 1954, p. 297). White River, Bryant Creek, and Jacks dams constructed in the 1940s and Individuals mature sexually at 5 to 8 Fork) (LaClaire 1993, p. 3). Currently, 1950s on the upper White River, years of age (Bishop 1941, pp. 49–50; populations of Ozark Hellbenders are including Beaver, Table Rock, Bull Dundee and Dundee 1965, p. 370), and known to occur in the North Fork of the Shoals, and Norfork Reservoirs. males normally mature at a smaller size White River, the Eleven Point River, and North Fork White River—The North and younger age than females. Female the Current River. Fork White River (North Fork) hellbenders are reported to be sexually The other subspecies of hellbender, historically contained a considerable mature at a total length of 14.6 to 15.4 the Eastern Hellbender, occurs in Ozark Hellbender population. In 1973, in (37 to 39 cm), or at an age of central and eastern Missouri (in results of a mark-recapture study approximately 6 to 8 years (Nickerson portions of the Missouri drainage in indicated that there were approximately and Mayes 1973a, p. 54; Peterson et al. south-central Missouri and the Meramec 1,150 hellbenders within a 1.7-mile (mi) 1983, p. 229; Taber et al. 1975, p. 638). (Mississippi drainage)), but its range (2.7-kilometer (km)) reach of the North Male hellbenders have been reported to does not overlap with that of the Ozark Fork in Ozark County, Missouri, with an reach sexual maturity at a total length of Hellbender. The Eastern Hellbender’s estimated density of one individual per 11.8 in (30 cm), or at an age of range extends eastward to New York, 26.2 to 32.8 sq ft (8 to 10 sq m; approximately 5 years (Taber et al. Georgia, and the States in between. Nickerson and Mays 1973b, p. 1165). 1975, p. 638). Ten years later, hellbender density in a Population Estimates and Status Breeding generally occurs between 2.9-mi (4.6-km) section of the North mid-September and early October Evidence indicates Ozark Hellbenders Fork in the same county remained high, (Johnson 2000, p. 42). Males prepare are declining throughout their range with estimated densities between one nests beneath large flat rocks or (Wheeler et al. 2003, pp. 153, 155), and per 19.7 sq ft (6 sq m) and one per 52.5 submerged logs. Ozark Hellbenders no populations appear to be stable. sq ft (16 sq m; Peterson et al. 1983, p. mate via external fertilization, and At the request of the Saint Louis Zoo’s 230). Individuals caught in this study males will guard the fertilized eggs from Wildcare Institute, the Conservation also represented a range of lengths from predation by other hellbenders Breeding Specialist Group (CBSG) 6.8 to 21.7 in (172 to 551 millimeters (Nickerson and Mays 1973a, pp. 42, 48). facilitated a Population and Habitat (mm)), indicating that reproduction was Clutch sizes vary from 138 to 450 eggs Viability Analysis (PHVA) for Ozark and occurring in this population, and most per nest (Dundee and Dundee 1965, p. Eastern Hellbenders in August 2006. individuals measured between 9.8 and 369), and eggs hatch after approximately Thirty workshop participants explored 17.7 in (250 and 449 mm). In a 1992 80 days (Bishop 1941, p. 47). Larvae and threats to hellbender populations and qualitative study in Ozark County, small individuals hide beneath small developed management actions aimed at Missouri, 122 hellbenders were caught stones in gravel beds or under large understanding and halting their decline. during 49 person-hours of searching the rocks, similar to those occupied by Using the software program Vortex North Fork (Ziehmer and Johnson 1992, adults (Nickerson and Mays 1973a, p. (v9.61), the CBSG team prepared and p. 2). Those individuals ranged in 12; LaClaire 1993, p. 2). Although there presented a baseline model for length from 10 to 18 in (254 to 457 mm), is little information on the diet of larval hellbender populations and worked and no average length was included in hellbenders, it is generally believed that through the input parameters with the that publication. aquatic insects comprise their primary participants to optimize the model and Until the 1992 study, the North Fork food source. In one of the few studies determine current and projected mean population appeared to be relatively on larval diet, Pitt and Nickerson (2006, population sizes for all current healthy. However, in a 1998 study of the p. 69) found that the stomach of a larval populations in 75 years (Briggler et al. same reach of river that was censused in

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1983 (Peterson et al. 1983, pp. 225–231) In 2006, hellbender experts estimated Black River—There is one and that used the same collection the current population in the North Fork documented record of an Ozark methods, only 50 hellbenders were to be 200 individuals (Briggler et al. Hellbender in the Black River above its captured (Wheeler et al. 1999, p. 18). 2007, p. 83). The North Fork had been confluence with the Strawberry River on These individuals ranged in length from considered the stronghold of the species the Independence-Jackson County line 7.9 to 20.0 in (200 to 507 mm), with in Missouri, and the populations (Arkansas) in 1978 (Irwin 2008a, pers. most measuring between 15.7 and 19.7 inhabiting this river were considered comm.). Portions of the Black River in in (400 and 500 mm), and the average stable by Ziehmer and Johnson (1992, p. Missouri were surveyed in 1999 by length was significantly greater than the 3) and LaClaire (1993, pp. 3–4). researchers at Arkansas State average length of those collected 20 However, the studies cited above University, but no hellbenders were years earlier (Wheeler 1999, p. 15). This indicate that these populations now observed (Wheeler et al. 1999, p. 18). shift in length distribution was not a appear to be experiencing declines Currently, the Black River does not result of an increase in maximum length similar to those in other streams. The appear to have conditions suitable for of individuals; instead, there were fewer collection of young individuals has Ozark Hellbenders, although it may individuals collected in the smaller size become rare, indicating that there is have been occupied before intensive classes. little recruitment. Although Briggler agriculture was initiated in the area As a way to compare relative (2011c, pers. comm.) occasionally found (Irwin 2008b, pers. comm.). The Black abundance of hellbenders in the late some younger hellbenders in this river River is presumed to be part of the 1990s to historic numbers, Wheeler et during surveys between 2005 and 2010, historical range of the subspecies, al. (2003, pp.152–153) obtained raw no larvae have been found despite because Ozark Hellbenders have been data used in the Peterson et al. (1983) extensive effort. In species such as the documented in several of its tributaries, study to calculate numbers of hellbender, which are long lived and including the Spring, Current, and individuals caught per day. Other Ozark mature at a relatively late age, detecting Eleven Point rivers (Firschein 1951, p. Hellbender population studies not declines related to insufficient 456; Trauth et al. 1992, p. 83). In 2004, included in that conversion are recruitment can take many years, as MDC surveyed areas in Missouri that converted here for further comparison of recruitment under healthy population had been searched in 1999 (Wheeler et relative abundance between historic and conditions is typically low (Nickerson al. 1999, p. 18), as well as areas not more recent studies (Ziehmer and and Mays 1973a, p. 54). Based on the searched in 1999 that had anecdotal Johnson 1992, pp. 1–5). For comparison comparisons of relative abundance and reports of hellbenders. No hellbenders purposes, one search day is defined as lack of observed recruitment, it appears were found during this 2-day survey. 8 hours of searching by 3 people (or 24 that a severe decline has occurred in the The habitat was considered less than person-hours). However, converting North Fork. ideal because it was predominantly person-hours to a search day metric may composed of igneous rocks, which lack underestimate actual search effort and Bryant Creek— Bryant Creek is a tributary of the North Fork in Ozark the cracks and crevices necessary for overestimate relative hellbender hellbender inhabitance. Parts of the abundance as person-hours usually only County, Missouri, which flows into Norfork Reservoir. Ziehmer and Johnson Black River, with suitable dolomite include time spent in the water rock, might have contained a small searching (as opposed to total number of (1992, p. 2) expected to find Ozark Hellbenders in this stream during an population at one time (Briggler 2008b, hours spent on the river). It should also pers. comm.). be noted that because search effort was initial survey, but none were captured not standardized among all studies, or observed after 22 person-hours (0.9 Spring River—The Spring River, a comparison of hellbender captures per search days). This apparent absence of tributary of the Black River, flows from search day is a general, rather than a the species conflicted with previous Oregon County, Missouri, south into quantitative, comparison. Using this reports from Missouri Department of Arkansas. Ozark Hellbender populations metric for the North Fork, Conservation (MDC) personnel and an have been found in the Spring River approximately 55 hellbenders were angler who reported observations of near Mammoth Spring in Fulton caught per search day in 1983 (Peterson fairly high numbers of hellbenders in County, Arkansas (LaClaire 1993, p. 3). et al. 1983, pp. 225–231). In 1992, 60 Bryant Creek during the winter months In the early 1980s, 370 individuals were hellbenders per search day were caught (Ziehmer and Johnson 1992, p. 3). A captured during a mark-recapture study (Ziehmer and Johnson 1992, p. 2), and subsequent survey of the creek resulted along 4.4-mi (7-km) of stream south of in 1998, 17 hellbenders per search day in the capture of six hellbenders Mammoth Spring (Peterson et al. 1988, were caught (Wheeler 2003, p. 153). (Wheeler et al. 1999, p. 7) and p. 293). Hellbender density at each of Another comparison of Ozark confirmed the existence of a population the two surveyed sites was fairly high Hellbenders captures between historic in this tributary, at least through 1998. (approximately one per 75.5 square (sq) and recent years provides further This population, however, is isolated ft (23 sq m) and one per 364 sq ft (111 evidence of a decline. A 16.2-mi (25-km) from the other North Fork White River sq m), respectively). These individuals section of stream in the North Fork populations by the Norfork Reservoir, were considerably larger than (overlapping with some sites sampled in which could contribute to this hellbenders captured from other streams the previous studies) was surveyed population’s apparent small size due to during the same time period, with 74 during 1969–1979 and again during fragmentation of habitat. During MDC percent of Spring River hellbenders 2005–2006 (Nickerson and Briggler surveys conducted in 2007, no having a total length of more than 17.7 2007, pp. 212–213). Between 1969 and individuals were found in areas where in (450 mm), with a maximum length of 1979, researchers caught 8 to 12 the six individuals were found in 1998. 23.6 in (600 mm) (Peterson et al. 1988, hellbenders per hour (64 to 96 However, five individuals were found in p. 294). Although other factors may be hellbenders per search day); whereas in areas of Bryant Creek that were not involved in the observed length 2005 and 2006 researchers averaged 0.5 surveyed in 1998. This population has differences, it has been hypothesized hellbenders per hour (4 hellbenders per been historically low and is not that Spring River populations are search day) (Nickerson and Briggler considered to be viable (Briggler 2008b, genetically distinct from other 2007, p. 213). pers. comm.). hellbender populations. This

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speculation was upheld by the captured in the same area in 9 collection numbers were recorded. In 1992, conclusions of a genetic study of the days, yielding an average of 35 Ziehmer and Johnson (1992, p. 2) found populations in the Spring, Current, and hellbenders per search day; hellbender 12 hellbenders in 60 person-hours in Eleven Point rivers (Kucuktas et al. body lengths over that period ranged Shannon County, Missouri, or 2001, pp. 131–135). In 1991, surveyors from 4.7 to 17.8 in (119 to 451 mm) approximately 5 hellbenders per search searched 10 sites for hellbenders along (Wheeler 1999, p. 10). In 1988, Peterson day (using the same search day a 16.2-mi (26-km) stream reach but et al. (1988, p. 293) captured 211 conversion as presented in the North observed only 20 individuals during 41 hellbenders from the Eleven Point River Fork White River discussion). These person-hours (11.7 hellbenders per and estimated hellbender density to be individuals ranged in length from 4.5 in search day) over a 6-month period approximately one per 65.6 sq ft (20 sq (115 mm) to more than 15.0 in (380 mm; (Trauth et al. 1992, pp. 84–85). This 6- m). Total lengths of these individuals maximum length was not reported), month survey included the two sites ranged from 4.7 to 17.7 in (120 to 450 with most between 13.0 and 15.0 in (330 surveyed in the early to mid-1980s in mm), with most between 9.8 and 13.8 in and 380 mm). In 1999, 14 hellbenders which surveyors captured 370 (250 and 350 mm). The average number were collected over 3 collection days hellbenders, along with eight additional of hellbenders captured per hour was (approximately 5 hellbenders per search sites upstream and downstream 8.4 and 8.8 for the two sites sampled, or day), also in Shannon County, Missouri, (Peterson et al. 1988, pp. 291–303; 67 and 70 hellbenders captured per and the individuals ranged from 14.8 to Trauth et al. 1992, p. 83). No size class search day (using the search day 20.3 in (375 to 515 mm) in length, with information is available, although the conversion method presented in the most between 17.7 to 19.7 in (450 to 499 large sizes of captures reported in North Fork White River discussion). As mm) (Wheeler 1999, p. 12). The average Peterson et al. (1988, p. 294) may be noted previously, the abundance of size of individuals increased by nearly indicative of a population experiencing hellbenders per search day is likely an 4 in (100 mm), and the reported increase little recruitment. overestimate, and may be better in length suggests that recruitment may Researchers with Arkansas State approximated as 35–40 hellbenders per be absent in this population. In 2005 University surveyed the Spring River search day since the reported capture and 2006, researchers found 22 from autumn 2003 through winter 2004, rates do not appear to be relative to the hellbenders throughout the Current performing 74 hours of search effort and number of surveyors. River in 100 hours of searching found only 12 Ozark Hellbenders (3.9 In 1998, Wheeler (1999, p. 10) (equivalent to 5.2 hellbenders per search hellbenders per search day) (Hiler 2005, captured 36 Ozark Hellbenders over 4 day). In 2006, hellbender experts p. 186). Nine of these animals exhibited days from the same localities as estimated the current population in the severe physical abnormalities and were Peterson et al. (1988, p. 292), for an Current River to be 80 individuals removed from the river to be housed at average of nine hellbenders per search (Briggler et al. 2007, p. 83). the Mammoth Spring National Fish day. These hellbenders were larger than Jacks Fork—Jacks Fork, a tributary of Hatchery but have since died. All nine those captured previously, with total the Current River, was initially surveyed have since died, however, possibly due lengths of 12.8 to 18.0 in (324 to 457 for Ozark Hellbenders in 1992 (Ziehmer to water quality issues at the hatchery mm), and there were considerably fewer and Johnson 1992, p. 2). Four or from health issues that were observed individuals in the smaller size classes. hellbenders were collected over 66 when they were captured (i.e., lesions, For comparison, a survey of localities in person-hours, equating to roughly 1.5 raw limbs). Arkansas State University 2005 by Peterson et al. (1988, p. 293) hellbenders per search day. The researchers found four and one resulted in a total of 31 hellbenders individuals were large, ranging from individual during 2005 and 2006 captured and yielded an average of 2.6 13.0 to 16.9 in (330 to 430 mm) in surveys, respectively. Hellbenders have hellbenders captured per search day. length. No hellbenders were found declined in this stream from unknown Population declines and reduced during investigations of Jacks Fork in causes. Possible reasons for the decline recruitment in the Eleven Point River in 2003 nor were any found in 2006 during include water quality degradation, Missouri are indicated by the results of 7 person-hours of searching (Phillips aquatic vegetation encroachment, survey data (Briggler 2011b, pers. 2010, pers. comm.). collection for scientific purposes, and comm.), although hellbenders are Summary of Comments and illegal commercial collection (Irwin consistently reported during surveys in Recommendations 2008b, pers. comm.). Experts estimated the Eleven Point River in Arkansas the population in the Spring River to be (Irwin 2011a, pers. comm.). In the proposed rule published on at most 10 individuals, considered the Recently in Arkansas (2005 and 2007), September 8, 2010 (75 FR 54561), we population in this river to be however, no more than two or three requested that all interested parties functionally extirpated, and considered individuals were caught per search day. submit written comments on the there to be minimal possibility of this Specifically, the catch per person-hour proposal by November 8, 2010. We also stream being reinhabited under present in 2005 was 1.1 hellbenders and in 2007 contacted appropriate Federal, State, conditions because of the magnitude of the capture rate was 0.9 hellbenders per and local agencies; scientific experts; habitat degradation (Briggler et al. 2007, person-hour for surveys conducted on and other interested parties and invited p. 83; Irwin 2008b, pers. comm.). the Eleven Point River in Arkansas them to comment on the proposal. Eleven Point River—The Eleven Point (Irwin 2008a, pers. comm.). In 2006, Newspaper notices inviting general River, a tributary of the Black River that hellbender experts estimated the current comments were published in the West occurs in Missouri and Arkansas, has Eleven Point River population to be 200 Plains Daily Quill (West Plains, been surveyed several times since the individuals in Arkansas and 100 Missouri), The Times Dispatch (Walnut 1970s. Wheeler (1999, p. 10) analyzed individuals in Missouri (Briggler et al. Ridge, Arkansas), and The News-Leader historical data and reported that in 2007, p. 83). (Springfield, Missouri). We did not 1978, 87 Ozark Hellbenders were Current River—The Current River was receive any requests for a public captured in Oregon County, Missouri, not surveyed extensively until the hearing. over a 3-day period, yielding an average 1990s. Nickerson and Mays (1973a, p. Between October 21, 2010, and of 29 hellbenders per search day. From 63) reported a large Ozark Hellbender October 28, 2010, the Service received 1980 to 1982, 314 hellbenders were population in this stream, but no five requests to extend the public

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comment period for an additional 90 Peer Reviewer Comments hellbenders is not solely a function of days. The reasons for requesting an (1) Comment: In the proposed listing, survey technique but most likely reflects extension centered on the Service’s the Service states that Dundee and an actual reduction or lack of proposed determination that it was not Dundee (1965) recommended changing recruitment in the populations. prudent to designate critical habitat for the taxonomic status of the Ozark Information provided by the peer the Ozark Hellbender. While the Hellbender from species to subspecies reviewers and other supporting requests cited complexities of the issues due to the small amount of genetic references have been incorporated into involved and concerns regarding the variation between Ozark and Eastern this final rule. (4) Comment: The Service should water quality in the streams as the basis Hellbenders. Dundee and Dundee (1965) consider listing pesticides as a potential for an extension, no new information recommended changing the taxonomic direct threat to the Ozark Hellbender. was provided that was not already status based on morphology and outlined in the proposed rule. The peer reviewer supports this ecology, not genetic variation. recommendation with several Therefore, we did not extend the public Our Response: We corrected this references, including statements in the comment period and further delay the statement and clarified the remaining proposed rule indicating that listing. We did, however, host a section on taxonomy to reflect that hellbenders would be vulnerable to conference call with the requesters to subsequent genetic analyses further provide information and answer multiple chemicals. The peer reviewer supported the subspecies designation by also states that pesticide registration and questions regarding the Service’s Dundee and Dundee (1965). proposal. usage is listed as a potential Federal (2) Comment: The pathogen agency action that may require We received 65 written comments, Batrachochytrium dendrobatidis has conference or consultation under including comments from 3 peer now been confirmed in all continents, Available Conservation Measures. reviewers. Fifty-seven comments including Asia (Goka et al. 2009). Our Response: In testing water supported the proposed listing; while Our Response: We reviewed the samples collected from the North Fork, six comments expressed neither support reference provided by the peer reviewer White, and Eleven Point rivers from for, nor opposition to, the proposal. and have made the correction in this 2003–2004, Solis et al. (2007; pp. Eight comments supported a ‘‘similarity final rule to reflect the entire range of 430,432) detected only two pesticides: of appearance’’ listing for the Eastern this pathogen. metolachlor and tebuthiuron. Median Hellbender, with three commenters also (3) Comment: Two peer reviewers concentrations of both chemicals were supporting a separate listing for the provided comments regarding the lower than median concentrations Eastern Hellbender. reference in the proposed rule to detected from 1992–1995 at various Pfingsten’s (1990) caution that the We reviewed all comments we sites throughout the Ozark Plateau failure to detect larvae could be (Petersen et al. 1998; p. 24). Metolachlor received from the public and peer interpreted to mean that larvae could reviewers for substantive issues and and tebuthiuron concentrations in occur in areas not surveyed. One peer 2003–2004 were also lower than the new information regarding the listing of reviewer relayed that two Eastern the Ozark Hellbender. All substantive Environmental Protection Agency (EPA) Hellbender larvae had been captured in aquatic life benchmarks for the information provided during the Ohio in habitat similar to that occupied comment period has either been protection of aquatic species (U.S. EPA by adults. The peer reviewer also 2011). Atrazine, which can interfere incorporated into this final commented that a ‘‘retrospective’’ determination or is addressed below. with normal gonadal development and analysis of the data collected by adversely affect fertility (PARC 2007), Peer Review Pfingsten for Eastern Hellbender was not detected in water samples populations in Ohio provides strong collected during 2003 and 2004 (Solis et In accordance with our peer review evidence that the lack of detection of a al. 2007; pp. 430, 432). While it is policy published on July 1, 1994 (59 FR younger size class (i.e. larvae) was due possible that atrazine may be present at 34270), we solicited expert opinions to the lack of recruitment in most Ohio concentrations below detectable limits from three individuals with scientific populations rather than Pfingsten’s and thus potentially affect hellbenders, expertise that included familiarity with failure to survey sites occupied by available data do not support the the species and its habitat, the larvae (Lipps 2010, pers. comm.). The recommendation that pesticides are a geographic region in which the species peer reviewer suggested that a similar direct threat. occurs, and conservation biology situation or phenomenon was likely (5) Comment: The Service states in principles. We received responses from responsible for the lack of recruitment the proposed rule that predation by all three peer reviewers from whom we in Ozark Hellbender populations (Lipps introduced trout cannot be ruled out as requested comments. The peer 2010, pers. comm.). A second peer a factor affecting the Ozark Hellbender reviewers generally agreed that the reviewer provided two arguments and that it possibly contributes to the description of the biology and habitat supporting the explanation that lack of observed population declines. However, for the species was accurate and based larvae detection in surveys is due to an nonnative fish stocking is not included on the best available information. Peer actual lack of recruitment and not in the actions that would be reviewable reviewer comments are addressed in the survey technique. He noted that under section 7(a)(2) of the Act or under following summary and incorporated researchers have searched in several actions that may require consultation into the final rule as appropriate. New microhabitats (for example, gravel beds, with the Service. The Service should and additional information on the smaller tributaries) in excess of 100 clarify if they lack the authority to biology of the species and its threats person-hours without detecting the review fish stocking in Ozark was provided and incorporated into the presence of larvae, and that others have Hellbender habitat or explain why this rulemaking as appropriate. In some found larvae and juveniles of the action is not included. cases, it has been indicated in the Eastern Hellbender in the same Our Response: Section 7(a)(2) of the citations by ‘‘personal communication’’ microhabitats as adults. Act requires that each Federal agency (pers. comm.); while in other cases, the Our Response: We concur that the insure that any action they authorize, research citation is provided. inability to detect larval and juvenile fund, or carry out is not likely to

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jeopardize the continued existence of rocks used by hellbenders, even when Public Comments any endangered or threatened species or returned to their original side down, (9) Comment: Several commenters result in the destruction or adverse may make the space beneath the rock provided supporting data and modification of critical habitat of such unsuitable for hellbenders (personal information regarding the biology, species. If an agency receives Federal observation by peer reviewer). Despite ecology, life history, population funding for stocking nonnative fish taking great effort to return rocks to their estimates, threat factors affecting the (such as from the Service’s Wildlife and original positions, disturbing the ‘‘seal’’ Ozark Hellbender, and current Sport Fish Restoration Program), or if of sedimentation around hellbender conservation efforts. this action is authorized by a Federal shelter rocks may result in the space Our Response: We thank all of the agency, the Service would work closely being abandoned by hellbenders and commenters for their interest in the with our partners during the section becoming occupied by rock bass and conservation of this species and thank 7(a)(2) consultation process to assess other fish, thereby reducing the amount those commenters who provided impacts to Ozark Hellbenders and avoid of suitable habitat available for information for our consideration in or minimize these impacts. In the hellbenders (Horchler 2010, p. 20). The making this listing determination. Much proposed rule we provided a limited list Service should replace the word of the information submitted was of agency actions that may require ‘‘flipping’’ with ‘‘disturbing.’’ duplicative of information contained in conference or consultation for the Ozark Furthermore, under 50 CFR 17.21 and the proposed rule; however, some Hellbender (see Available Conservation 17.31, it is illegal to pursue or attempt comments contained information that Measures). We have modified the list to to pursue an endangered species and provided additional clarity or support also include federally funded activities. this language should be included in the to, but did not substantially change, Because federally funded or authorized list of likely violations of section 9. information already contained in the activities can include numerous actions, Our Response: Manipulation of proposed rule. This information has we did not provide a comprehensive list shelter rocks to locate or capture been incorporated into this final rule, of all actions that may require section 7 hellbenders would in most cases be in where appropriate. consultation. the form of flipping (overturning) rocks. (6) Comment: One reviewer However, within the context of (10) Comment: There was no mention interpreted the Service’s ‘‘not prudent’’ unauthorized destruction or alteration in the proposed rule of other emerging finding to indicate that the Service has of hellbender habitat (for reasons other bacterial and viral infections which may determined that sections 7(a)(1) and than to locate hellbenders), the cause significant mortality and 7(a)(2) of the Act can sufficiently microhabitat under or around the rock contribute rangewide to the decline of contribute to the conservation and may be altered by disturbances other Ozark Hellbenders. To support this recovery of the Ozark Hellbender than just flipping. Therefore, we have concern, the commenter noted that a without protecting areas outside the replaced the word ‘‘flipping’’ with flesh-eating bacterium (Citrobacter sp.) geographical area occupied at the time ‘‘disturbing.’’ In response to the second had been identified on an Ozark of listing (through designation of critical part of the peer reviewer’s comment, in Hellbender in Missouri, and that habitat). The reviewer requested that the this final rule, we have specifically symptoms present on the Missouri Service explain how we will protect identified ‘‘pursuing, or attempting to specimen are present on the majority of areas outside the currently occupied pursue’’ within those actions likely to hellbenders captured in Arkansas. The locations if those areas are considered result in a violation of section 9. commenter also stated that animals essential to the recovery of the species (8) Comment: One reviewer noted that infected with Batrachochytrium and critical habitat is not designated. many of the factors potentially dendrobatidis (the pathogen which Our Response: As detailed under contributing to hellbender declines may causes amphibian chytrid fungus) may Benefits to the Species from Critical be operating synergistically to reduce become immunosuppressed and thus Habitat Designation, the Service survival. The reviewer provides the more susceptible to these secondary recognizes that in some instances the following examples: (1) Higher water infections. designation of critical habitat can temperatures due to siltation may lead Our Response: During the provide additional protection beyond to an environment favorable for development of the proposed rule, that which is already provided through pathogens; (2) poor water quality could factors causing the severe abnormalities the section 7(a)(2) consultation process contribute to lowered immune observed in Ozark Hellbenders were (see response to Comment 13a for capabilities of hellbenders and make unknown. Since that time, personnel additional information). One of these them more susceptible to infection from from the Saint Louis Zoo and other benefits is the protection of unoccupied pathogens; and (3) reduced body hellbender experts have postulated that habitat considered essential to the condition due to water quality issues or the abnormalities are likely caused by recovery of the species. It is necessary, pathogen infection could result in secondary bacterial and fungal however, to weigh this benefit against individuals becoming more vulnerable infections (Briggler 2011a, pers. comm.). the increased threat of illegal collection to predation (similar linkages with Therefore, we have incorporated this to the taxa by designating critical pesticides have been shown in other information into this final rule under habitat. In doing so, the Service believes aquatic amphibians). Factor C (Disease or Predation). that the conservation and recovery of Our Response: Although we lack Although evidence is lacking to Ozark Hellbenders can best be achieved definitive data to support this assertion, conclude that Batrachochytrium by preventing the illegal removal of it is likely that effects of some factors dendrobatidis (Bd) suppresses the animals from the populations, a threat may enhance the effects of other immune response of animals (and directly resulting from the publication impacts. Because this interaction could thereby increases their vulnerability to of critical habitat maps and disclosure further contribute to the Ozark secondary infections), we believe that of specific locations of occupied sites. Hellbender’s decline, we have Bd may be contributing to some of the (7) Comment: The Service includes referenced synergistic effects and abnormalities exhibited by hellbenders. ‘‘flipping large rocks within streams’’ as cumulative effects under Factor E (Other Not all hellbenders with abnormalities, an action likely to result in violation of Natural or Manmade Factors Affecting such as lesions and appendage loss, section 9 of the Act. Moving shelter Its Continued Existence). however, test positive for infection with

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Bd (Briggler 2011a, pers. comm.). habitat, the species protection benefits occupy separate habitats from adults, Therefore, we believe there are factors provided by the designation of critical designating critical habitat for all life other than amphibian chytrid fungus habitat largely duplicate those already stages will not increase the threat of that cause increased vulnerability of provided to the species without the illegal collection. hellbenders to secondary infections and designation of critical habitat by the Our Response: The Service is unaware result in abnormalities. ‘‘jeopardy standard.’’ This is because of any reasons for which nonadult (11) Comment: The Service needs to when the Service evaluates the impacts Ozark Hellbenders would not be subject further investigate the threat of trout to of activities, we also look at impacts to to illegal collection or of any larval hellbenders. the species habitat. Despite this overlap, information supporting this assertion. Our Response: Concern regarding the the Service recognizes that, in some The contention that hellbender larvae potential effect of nonnative trout was instances, designation of critical habitat drift downstream with the current and expressed by multiple commenters. could provide some benefits to the occupy different habitats than adults Because nonnative trout are stocked in Ozark Hellbender (as described under was expressed by several commenters all rivers that historically and currently Benefits to the Species from Critical who opposed the Service’s proposed contain hellbenders, and because data Habitat Designation). These benefits, determination that designating critical from Gall (2008, pp. 48–49) indicate that however, do not outweigh the increased habitat for this species is not prudent. larval Ozark Hellbenders do not illegal collection that will likely occur if We are not aware of information recognize trout as predators, we agree critical habitat maps are published and indicating that larval hellbenders drift that this topic warrants further the specific locations of currently downstream or that they occupy investigation. Future conservation and occupied sites are disclosed (see separate habitats from adults. On the recovery efforts for the Ozark discussion under Increased Threat to contrary, the best available information Hellbender will include identifying and the Species Outweighs the Benefits of indicates that, while larval hellbenders implementing research projects that will Critical Habitat Designation). may occupy different microhabitats than address the role of nonnative trout as a (12b) Comment: Multiple commenters adults (interstices of gravel rather than potential factor contributing to the questioned the degree of threat posed by large cover rocks), larvae occupy the decline of this subspecies. Should illegal collection and believed that the same stream reach segments as adults results from research studies indicate publication of critical habitat maps (Bishop 1941, pp. 48, 52; Nickerson and that nonnative trout are a threat to would not increase the risk of Mays 1973a, p. 12; Nickerson et al. Ozark Hellbender populations, the unauthorized collection. 2003, pp. 624–625, 627; Briggler 2010c, Service will work with the States to Our Response: Although the black pers. comm.; Horchler 2010, pers. avoid or minimize these effects. market for smuggling and illegally comm.; Lipps 2010, pers. comm.; (12) Comment: Several commenters selling protected reptiles and Phillips 2010, pers. comm.). Therefore, concurred with the Service’s decision amphibians is widely recognized by designating critical habitat for all not to designate critical habitat, citing herpetofauna experts and law hellbender life stages would not prevent the threat posed by illegal collection enforcement officials, we realize that it unauthorized collecting. and the pet trade. However, 12 may be necessary to provide additional commenters expressed opposition to the information to support our concern. (12d) Comment: The locations of Service’s proposed determination not to Therefore, we provided instances in this hellbender sites are already available to designate critical habitat for the Ozark final rule under Factor B the public; therefore, publishing critical Hellbender. These comments generally (Overutilization for Commercial, habitat maps would not increase the centered on five main topics and are Recreational, Scientific, or Educational threat of illegal collection. addressed individually below. Purposes) to further evidence the threat Our Response: Information currently (12a) Comment: The Service cannot of illegal collection, including: (1) A available to the public is limited and protect the Ozark Hellbender without testimonial from an individual who reveals only a small proportion of the designating critical habitat. collected more than 100 Ozark total number of sites occupied by Ozark Our Response: Listed species and Hellbenders from the North Fork of the Hellbenders. The designation of critical their habitat are protected by the White River in the 1980s to sell for the habitat would result in publishing in the Endangered Species Act whether or not pet trade; (2) the citation of two Federal Register precise information they are in an area designated as critical individuals in 1985 by Missouri about the species and its habitat habitat. To understand the additional Department of Conservation Agents for requirements, where it is found, and protection that critical habitat may illegally collecting Ozark Hellbenders; maps with geographic coordinates for provide to an area, it is necessary to (3) information referencing the all occupied locations. The Service is understand the protection afforded to unauthorized removal of more than 100 already aware of instances in which the any endangered or threatened species, Ozark Hellbenders from the Spring publication of locality information for even if critical habitat is not designated. River in the 1980s, and (4) recent occupied sites resulted in the removal of Section 7(a)(2) of the Act requires information demonstrating that a almost all individuals from the location. Federal agencies to consult with the demand for hellbenders still exists. Thus, publishing locations of the Service to ensure that any action they Because Ozark Hellbenders are not remaining occupied sites would only authorize, fund, or carry out is not likely uniformly distributed throughout further facilitate illegal collection. to jeopardize the continued existence of streams in which they occur, collecting (12e) Comment: The habitat of the any listed species or result in the is often focused on a known source or Ozark Hellbender does not comprise destruction or adverse modification of site, thereby threatening extirpation of discrete points along the streams, but critical habitat (referred to as the subpopulations at the site. Publication rather its habitat comprises stream consultation process). In consultations of critical habitat maps would disclose reaches. Therefore, the Service can for species with critical habitat, Federal these sites and facilitate removal by avoid disclosing exact locations to the agencies are required to ensure that collectors. public by designating large segments as their activities do not destroy or (12c) Comment: Because only adult critical habitat in streams occupied by adversely modify critical habitat. In hellbenders are subject to illegal Ozark Hellbenders. One commenter most instances, particularly in occupied collection and larval hellbenders further noted that the Service has

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designated large stream reaches for the captive-reared individuals are planned curtailment of its habitat or range; (B) Niangua darter and the Topeka shiner. only for those rivers from which eggs overutilization for commercial, Our Response: When designating have been collected (North Fork White recreational, scientific, or educational critical habitat, the Service must River and Eleven Point River). Specific purposes; (C) disease or predation; (D) determine—based on the best available areas where augmentation or the inadequacy of existing regulatory scientific information—the physical and reintroductions will occur, however, mechanisms; or (E) other natural or biological features that are essential to have yet to be identified. Such manmade factors affecting its continued the conservation of a species and which propagation efforts will be identified in existence. Listing actions may be may require special management the development of a future approved warranted based on any of the above considerations or protection. Essential Federal recovery plan for the species threat factors, singly or in combination. physical and biological features are that will be developed through Each of these factors is discussed below. specific habitat components that enable cooperative partnerships with the Ozark A. The Present or Threatened a species to fulfill its life cycle needs. Hellbender Work Group and other Destruction, Modification, or Appropriate cover rocks or other potentially affected Federal, State, and Curtailment of Its Habitat or Range crevices are necessary features to fulfill private entities. the life cycle needs of the Ozark Regarding the predicted success of One of the most likely causes of the Hellbender because they provide propagation efforts, the Service believes decline of the Ozark Hellbender in the protection and nesting habitat. that captive propagation efforts will White River system in Missouri and However, unlike the habitat for Niangua likely be necessary to conserve and Arkansas is habitat degradation darters and the Topeka shiner, stream recover the Ozark Hellbender, until resulting from impoundments, ore and reaches containing suitable habitat for causes for the lack of recruitment in the gravel mining, sedimentation, nutrient the Ozark Hellbender are not wild can be definitively identified and runoff, and nest site disturbance from continuous. Areas with suitable habitat addressed. When eggs are collected in recreational uses of the rivers (Williams typically range from 100 to 400 yards the wild, larvae can be hatched and et al. 1981, p. 99; LaClaire 1993, pp. 4– (91 to 366 meters (m)) in length, and reared at significantly higher 5). Both hellbender subspecies are subpopulations within each river survivorship rates than those estimated habitat specialists that depend on system are often separated by miles from the wild. When individuals are consistent levels of dissolved oxygen, (kilometers) of unsuitable habitat (data reared to larger sizes and then released, temperature, and flow (Williams et al. from mark-recapture studies indicate substantially more hellbenders can 1981, p. 97). Therefore, even minor that hellbenders rarely move between survive to maturity and contribute to the alterations to stream habitat are likely to sites (Irwin 2009, pers. comm., Briggler population. be detrimental to hellbender 2010b, pers. comm.)). Therefore, by populations. Summary of Changes From Proposed mapping the critical habitat and Rule Impoundments describing the physical and biological features essential to the conservation of We fully considered comments from Impoundments impact stream habitat the species, the Service would disclose the public and peer reviewers on the in many ways. When a dam is built on the specific location of occupied sites proposed rule to develop this final a free-flowing stream, riffle and run and subject the hellbenders to listing of the Ozark Hellbender. This habitats are converted to lentic (still), collection. final rule incorporates changes to our deep-water habitat. As a result, surface (13) Comment: It is our understanding proposed listing based on comments water temperatures tend to increase, and that the Saint Louis Zoo is currently received that are discussed above and dissolved oxygen levels tend to decrease engaged in propagation efforts and that on newly available scientific and (Allan and Castillo 2007, pp. 97–98, the Missouri Department of commercial information. Reviewers 323–324). Hellbenders depend upon Conservation plans to release captive- generally commented that the proposed highly vascularized lateral skin folds for reared hellbenders into the Eleven Point rule was thorough and comprehensive. respiration. Therefore, lakes and River. This effort only addresses the We made some technical corrections reservoirs are unsuitable habitat for Eleven Point River and not the Current based on new, although limited, Ozark Hellbenders, because these areas River or the North Fork of the White information. Based on comments we have lower oxygen levels and higher River. In addition, we are concerned received during the public comment water temperatures (Williams et al. that these augmentation efforts will not period, we also included additional 1981, p. 97; LaClaire 1993, p. 5) than do be successful. information to provide further evidence fast-flowing, cool-water stream habitats. Our Response: Results from genetic of the threat of illegal collection. Impoundments also fragment hellbender studies (Crowhurst et al. 2011; pp. 640– Information received supports the habitat, blocking the flow of 643; Sabatino and Routman 2009; pp. Service’s decision to list the Ozark immigration and emigration between 1239–1240, 1244) indicate that mixing Hellbender as endangered. populations (Dodd 1997, p. 178). The Ozark Hellbenders among rivers could resulting small, isolated populations are cause an outbreeding depression, or the Summary of Factors Affecting the more susceptible to environmental reduction in fitness of offspring because Species perturbation and demographic of the genetic differences between Section 4 of the Act and its stochasticity, both of which can lead to parents. For this reason, it is unlikely implementing regulations (50 CFR part local extinction (Wyman 1990, p. 351). that captive-reared individuals will be 424) set forth the procedures for adding In the upper White River, released into rivers other than those species to the Federal Lists of construction of Beaver, Table Rock, Bull from which the eggs were collected. To Endangered and Threatened Wildlife Shoals, and Norfork dams in the 1940s date, the Missouri Department of and Plants. A species may be and 1950s destroyed the potential Conservation has collected Ozark determined to be an endangered or hellbender habitat downstream of the Hellbender eggs from the North Fork threatened species due to one or more impoundments and effectively isolated White River and the Eleven Point River, of the five factors described in section Ozark Hellbender populations. Norfork but has been unable to locate eggs from 4(a)(1) of the Act: (A) The present or Dam was constructed on the North Fork the Current River. Therefore, releases of threatened destruction, modification, or in 1944 and has isolated Ozark

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Hellbender populations in Bryant Creek dredged stream causes severe erosion degrade over time; therefore, it is likely from those in the North Fork. and degradation upstream, results in that lead and zinc concentrations found Furthermore, populations downstream extensive bank erosion and increased more than 10 years ago in these rivers of Beaver, Table Rock, Bull Shoals, and turbidity (Allan and Castillo 2007, p. would remain at similar concentrations Norfork dams were likely extirpated due 331). Reaches downstream of the today (Mosby 2008, pers. comm.). In to hypolimnetic releases from the dredged stream reach often experience addition, there are historical lead and reservoir. Hypolimnetic releases are aggradation (raised stream bed from zinc mining sites that are near Ozark cooler than normal stream temperatures sediment build up) as the sediment Hellbender populations on the North because they are from a layer of water transport capacity of the stream is Fork in Ozark County, Missouri (Mosby that is below the thermocline, and the reduced (Box and Mossa 1999, p. 104). 2008, pers. comm.). water from this layer typically has Gravel mining physically disturbs Increased lead and zinc reduced oxygen levels because it is hellbender habitat in dredged areas, and contamination input to the Current noncirculating or does not ‘‘turn over’’ associated silt plumes can impact River by way of the active Sweetwater to the surface. The tailwater zones various aspects of the hellbender’s life Mine on Adair Creek in Reynolds below dams also experience extreme requisites (nesting habitat, prey, County, Missouri, is a potential future water level fluctuations and scouring for dissolved oxygen for egg development). risk. Adair Creek is a tributary of Logan several miles downstream. This can In addition, these effects reduce crayfish Creek, a losing stream (loses water as it impact hellbender populations by populations, which are the primary prey flows downhill) connected to Blue washing out the pebbles and cobbles species for Ozark Hellbenders. Because Spring, which discharges to the Current used as cover by juveniles and by noncommercial gravel mining is not River. Although lead and zinc creating unpredictable habitat regulated by the States or by the U.S. contaminants have been found in Logan conditions outside the Ozark Army Corps of Engineers, it is difficult Creek, there is no evidence that Hellbender’s normal range of tolerance. to determine the extent of gravel mining contaminants from Sweetwater Mine Impoundments can also affect within southern Missouri and northern have migrated to Blue Spring. However, hellbender habitat upstream by Arkansas. However, an aerial survey if the Sweetwater Mine’s current tailings increasing sedimentation during periods conducted in 2001 reported an dam on Adair Creek were to fail, large of heavy rain because the flow of water estimated 12 and 41 active mining sites concentrations of lead and zinc would is impeded by the presence of the in the North Fork of the White River and be added to Blue Spring and the Current reservoir. In 2008 and 2011, heavy rains Current River watersheds, respectively River (Mosby 2008, pers. comm.). and flooding resulted in an increase in (no data were reported for watersheds of Although not common, failures of water levels in excess of 10 to 15 feet the Eleven Point or Spring rivers) (Noell tailings mines have occurred on six (ft) (3 to 5 meters (m)) and significantly 2003, p. 7). occasions in Missouri since 1940, with reduced flow velocity (Briggler 2011d, several releasing tailings into nearby pers. comm.; Crabill 2011b, pers. obs.). Portions of the Ozark Plateau have a drainages or creeks (USCOLD 1994, pp. Deposition of gravel from the 2008 flood history of being major producers of lead 99–144). event removed an estimated 30 percent and zinc, and some mining activity still Water Quality of the available cover rocks and habitat occurs in the southeastern Ozarks, at one of the most abundant Ozark although at levels that are lower than Despite the claim by some that many Hellbender sites; while flooding in 2011 those recorded historically. Results of a Ozark streams outwardly appear removed an additional 50 percent of the U.S. Geological Survey (USGS) water pristine, Harvey (1980, pp. 53–60) habitat at this site (Briggler 2011d, pers. quality study conducted from 1992 to clearly demonstrated that various comm.). During high water levels, Ozark 1995 in the Ozark Plateau (Peterson et sources of pollution exist in the ground Hellbenders at sites upstream of the al. 1998, pp. 12–13) revealed that water in the Springfield and Salem reservoirs are also exposed to increased concentrations of lead and zinc in bed plateaus of southern Missouri. Water in predation pressure by large predatory sediment and fish tissue were the Ozark Plateaus is contaminated by fishes. The increased water levels allow substantially higher at sites with nutrients from increased human waste fish to expand upstream of the reservoir historical or active mining activity. (in part due to rapid urbanization and and have been observed in large These concentrations were high enough increased numbers of septic systems), numbers at upstream Ozark Hellbender to suggest adverse biological effects, fertilizers (including land application of sites (Roberts 2011, pers. comm.). The such as reduced enzyme activity or chicken litter (poultry manure, bedding increased abundance of large predatory death of aquatic organisms. Because material, and wasted feed)), logging, and fish, such as brown trout and striped hellbenders have highly permeable skin expanded industrial agricultural bass, at sites upstream of Norfork and obtain most of their oxygen through practices such as concentrated animal Reservoir has even been noted by subcutaneous respiration, they are feeding operations (Petersen et al. 1998, private landowners near these sites particularly susceptible to absorbing p. 6). This contamination was evidenced (Anon. 2010, pers. comm.). contaminants such as lead and zinc. when water samples from the North Furthermore, because Ozark Fork White and Eleven Point rivers in Mining Hellbenders are long lived, they may be 2003–2004 contained concentrations of Gravel mining, which continues to at higher risk of bioaccumulation of total phosphorus and total nitrogen occur in a number of streams within the harmful chemicals (Peterson et al. 1998, exceeding the U.S. Environmental range of the Ozark Hellbender, has pp. 12–13). Although mining for lead Protection Agency (EPA) recommended directly contributed to Ozark and zinc no longer occurs within the criteria two-thirds of the time (Solis et Hellbender habitat alteration and loss. range of the Ozark Hellbender, Petersen al. 2007, pp. 430–431). Agricultural Gravel mining, also referred to as et al. (1998, p. 12) determined that land and livestock production dredging, results in stream instability, elevated concentrations of lead and zinc comprises a large percentage of the land both up and downstream of the dredged were still present in the streams where use within the Ozark Hellbender range portion (Box and Mossa 1999, pp. 103– mining occurred historically. Although and is a continuing source of 104). Head cutting, in which the it is possible for these metals to be contamination (Wheeler et al. 2003, p. increase in transport capacity of a transported and diluted, they will not 155). Missouri is the second largest beef

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cattle-producing State in the nation, Nevertheless, this evidence indicates activities, due in part to compacted soils with the majority of animal units that hellbenders in the North Fork resulting from construction of roads and produced in the Ozarks. Both Arkansas White and Eleven Point Rivers in landings (where products are sorted and and Missouri are leading States in Missouri are exposed to a variety of loaded for transportation) and poultry production. The National Water- organic chemicals with potential vegetation removal (Allan and Castillo Quality Assessment data collected in estrogenic activity, and the total effect of 2007, p. 332; Box and Mossa 1999, pp. the Ozarks in 1992–1995 from wells and these chemicals remains unknown. The 102–103). The cumulative effects of springs indicated that nitrate Spring River has also suffered from timber harvest on sedimentation rates concentrations were strongly associated many water quality perturbations over may last for a couple of decades, even with the percentage of mostly recent decades. In the late 1980s, the after harvest practices have ceased in agricultural land near the wells or West Plains (Missouri) wastewater the area (Frissell 1997, pp. 102–104). springs (Petersen et al. 1998, p. 8). treatment plant failed, depositing all In addition to those constructed for Although nitrogen and phosphorus stored waste into the recharge area for timber harvest, other roads which are are essential plant nutrients that are the Spring River. In addition, the improperly designed and maintained found naturally in streams, elevated majority of the Ozarks region in can cause marginally stable slopes to concentrations of these nutrients can Missouri and Arkansas is composed of fail, and also capture surface runoff and cause increased growth of algae and karst topography (caves, springs, channel it directly into streams (Allan aquatic plants in many streams and are sinkholes, and losing streams), which and Castillo 2007, pp. 321–322, 340). detrimental to aquatic biota (Petersen et can further facilitate the transport of Erosion from roads contributes more al. 1998, p. 6). Increased levels of potential contaminants. sediment than the land harvested for nitrates (nitrate is a compound of timber (Box and Mossa 1999, p. 102). nitrogen and oxygen and usually the Siltation Unrestricted cattle access to streams most abundant form of nitrogen in the Sediment inputs from land use increases erosion and subsequent water) can also affect amphibians by activities have contributed to, and sediment loads (Clary and Kinney 2002, inhibiting growth, decreasing continue to contribute to, habitat p. 145). This is particularly a concern survivability, and impairing their degradation. Hellbenders are intolerant for the Eleven Point River in Arkansas immune systems (Marco et al. 1999, p. of sedimentation and turbidity (Irwin 2008b, pers. comm.). 2837; Rouse et al. 1999, p. 801; Ortiz et (Nickerson and Mays 1973a, pp. 55–56), Disturbance al. 2004, pp. 235–236; Earl and which can impact them in several ways: Whiteman 2009, 1334–1335). (1) Sediment deposition on cover Habitat disturbance affects hellbender Increased recreational use (such as rocks reduces or removes suitable survival in multiple rivers. Most rivers from canoeing, kayaking, rafting, inner habitat for adults and can cover and and streams inhabited by hellbenders tube floating, and small horsepower suffocate eggs. are extremely popular with canoeists, motor boating) also impacts the water (2) Sediment fills interstitial spaces in kayakers, rafters, inner tube floaters, or and habitat quality in rivers inhabited pebble or cobble beds, reducing suitable operators of low-horsepower by the Ozark Hellbender. From 2003 to habitat for larvae and subadults motorboats. Canoe, kayak, and motor 2008, the Missouri Department of (FISRWG 1998, chapter 3, pp. 19, 25). and jet boat traffic continues to increase Natural Resources included an 8-mi (13- (3) Suspended sediment loads can on the Jacks Fork, Current, Eleven Point, km) stretch of the Jacks Fork River in cause water temperatures to increase, and North Fork Rivers. On the North the U.S. EPA’s 303(d) list of impaired and cause more particles to absorb heat, Fork River, an average of five canoes per waters not meeting water quality thereby reducing dissolved oxygen weekday were observed in 1998, and in standards for organic wastes (fecal levels (Allan and Castillo 2007, pp. 323– 2004, that figure increased to 21 canoes coliform). Likely sources of the 324). per weekday (Pitt 2005, pers. comm.). contamination include runoff from a (4) Sedimentation can impede the Hellbenders encountered with gashes in commercial horse trail ride outfitter, movement of individuals and their heads suggest that watercraft traffic horse stream crossings, and effluent colonization of new habitat (Routman likely impacts these animals. New from campground pit-toilets (Davis and 1993, p. 412). roads, boat ramps, and other river access Richards 2002, pp. 1, 3, and 36). (5) The Ozark Hellbender’s highly points have been constructed, which The 303(d) list included additional permeable skin causes them to be lead to increased river access and rivers inhabited by Ozark Hellbenders. negatively affected by sedimentation. increased disturbance to hellbenders A 21-mi (34-km) stretch of the Eleven Various chemicals, such as pesticides, (Briggler et al. 2007, p. 64). Off-road Point River was listed as impaired due bind to silt particles and become vehicle (ORV) recreation is also to unacceptable levels of chlorine and suspended in the water column when widespread throughout the Ozarks atmospheric deposition of mercury. flushed into a stream. The hellbender’s region. ORVs frequently cross rivers Increased mercury levels have been permeable skin can allow direct inhabited by hellbenders and are driven implicated as a potential cause in the exposure to these chemicals, which can in riverbeds where the water is shallow decline of other aquatic amphibians, be toxic (Wheeler et al. 1999, pp. 1–2). enough to enable this form of recreation. such as the northern dusky salamander (6) Sedimentation may result in a The force delivered by a boat or ORV (Desmognathus fuscus fuscus; Bank et decline of prey abundance by hitting a rock could easily injure or kill al. 2006, pp. 234–236). Water quality embedding cover rocks. a hellbender, in addition to displacing monitoring on both the North Fork Timber harvest and associated or disrupting cover rocks. ORV activity White and Eleven Point Rivers in activities (construction and increased also increases erosion and Missouri detected estrogenic use of unpaved roads, skid trails, and sedimentation by exposing bare erodible compounds that have been fire breaks) are prominent in many areas soils in areas with frequent activity. demonstrated to adversely impact within the range of the Ozark The practice of removing large rocks aquatic organisms, although Hellbender and increase terrestrial and boulders (by hand, machinery, or concentrations were lower than those erosion and sedimentation into streams. dynamite) to reduce damage to canoes is shown to adversely affect aquatic Peak stream flows often rise in common on many hellbender streams organisms (Solis et al. 2007, p. 430). watersheds with timber harvesting (Nickerson and Mays 1973a, p. 56;

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Wheeler et al. 1999, p. 4). It has been substantially on an annual basis, museum collections, zoological exhibits, reported that rocks are possibly directly disturbing the habitat. Most and the pet trade has undoubtedly been removed from streams for home hellbender rivers are popular with a contributing factor to hellbender landscaping projects (Briggler et al. canoeists, kayakers, rafters, inner tube declines. Nickerson and Briggler (2007, 2007, p. 62), although data to support floaters, and motorboat operators. pp. 208–211) documented the removal this assertion is lacking. Rock turning Removing large rocks and boulders to of 558 hellbenders (approximately 300 and flipping is also done by crayfish reduce damage to canoes is a common animals illegally) from the North Fork hunters, herpetofauna enthusiasts, and practice. Gardeners remove rocks for use White River from 1969 to 1989. At least researchers (Briggler et al. 2007, pp. 61 in landscaping. Crayfish hunters, 100 of these were collected in the mid- and 66). The areas under these large herpetofauna enthusiasts, and 1980s by individuals from Alabama rocks are important habitat for cover independent researchers (without (Figg 1992, pers. comm.). One of these and nest sites; therefore, overturning or scientific permits) turn and flip rocks. collectors contacted the Missouri removing these rocks can diminish This disturbance is significant because Department of Conservation in 1992 out available cover and nest sites for areas under large rocks are important of remorse and provided details about hellbenders. habitat for cover and nest sites; collecting the hellbenders (Figg 1992, therefore, overturning and removing pers. comm.). According to the Summary of Habitat Destruction and these rocks reduces available cover and individual, animals were exported to Modification nest sites for hellbenders. The threats of Japan and labeled as Eastern The threats to the Ozark Hellbender rock removal and overturning are Hellbenders because Ozark Hellbenders from habitat destruction and expected to continue or even increase as were protected. The individual also modification are occurring throughout these recreational activities grow in relayed that he knew where to search for the entire range of the subspecies. These popularity. hellbenders by reading the published threats include impoundments, mining, literature. In 1985, Missouri Department B. Overutilization for Commercial, water quality degradation, siltation, and of Conservation agents apprehended Recreational, Scientific, or Educational disturbance from recreational activities. two other individuals illegally Purposes The effects of impoundments on collecting Ozark Hellbenders, among Ozark Hellbenders are significant Anecdotal reports and other other protected species, from the North because impoundments alter both information indicate that Ozark Fork White River (McNair 2011, pers. upstream and downstream habitat Hellbenders have been collected for comm.). The two individuals were cited directly, isolate populations, change commercial and scientific purposes and fined for ‘‘possession of a protected water temperatures and flows below (Trauth et al. 1992, p. 85; Nickerson and species.’’ reservoirs, and increase exposure to Briggler 2007, pp. 208–209). Although Anecdotal information suggests predatory fish immediately upstream of commercial collecting of Ozark unauthorized collection of Ozark the impoundments. Remaining Ozark Hellbenders has never been permitted Hellbenders on the Spring River in Hellbender populations are small and by the Arkansas Game and Fish Arkansas contributed to the recent isolated, in part due to increased Commission (Irwin 2011b, pers. comm.) population crash, as reaches of the impoundments over time, making nor by the Missouri Department of Spring River that formerly contained 35 hellbenders vulnerable to individual Conservation (Briggler 2011a, pers. to 40 hellbenders have had no catastrophic events and reducing the comm.), Nickerson and Briggler (2007, individuals present for more than 10 likelihood of recolonization after pp. 207–212) determined that large years (Irwin 2008b, pers. comm.). The localized extirpations. numbers of Ozark Hellbenders have decline is linked to unauthorized Habitat destruction and modification been sold for the pet trade. Because of collecting because Ozark Hellbenders from siltation and water quality their protected status in Missouri and were located in one small, easily degradation present a significant and Arkansas, any actions involving accessible area of the Spring River, and immediate threat to the Ozark interstate or foreign commerce of Ozark no other event (such as a storm or Hellbender. Siltation and water quality Hellbenders collected from these States chemical spill) had occurred in that area degradation are caused by human and would also be prohibited by the Federal that would explain such a rapid decline livestock wastes, agricultural runoff, Lacey Act (16 U.S.C. 3371–3378). (Irwin 2008b, pers. comm.). At another mine waste, and activities related to In Arkansas, hellbenders may be Spring River site, personnel from a local timber harvesting. Increased siltation collected with a scientific collecting canoe rental reported that commercial may affect hellbenders in a variety of permit from the AGFC; however, no collectors took more than 100 Ozark ways, such as suffocating eggs, permits are being issued currently or are Hellbenders in 2 days (Trauth et al. eliminating suitable habitat for all life anticipated to be issued in the future 1992, p. 85), which also likely impacted stages, reducing dissolved oxygen because the State acknowledges the the population. Amphibians such as the levels, increasing contaminants (that severely imperiled status of the hellbender, a relatively slow-moving, bind to sediments), and reducing prey subspecies (Irwin 2008b, pers. comm.). aquatic species, may be collected with populations. Increased nitrate levels, Missouri imposed a moratorium on little effort, making them even more along with other contaminants from hellbender scientific collecting from susceptible to this threat. agricultural runoff and increased 1991 to 1996 and has since issued only While large collecting events appear urbanization, have been detected in limited numbers of scientific collecting to have occurred primarily in the 1980s, hellbender streams. These contaminants permits for research (Horner 2008, pers. the unauthorized collection of not only pose a threat directly to the comm.). Despite these restrictions, hellbenders for the pet trade remains a Ozark Hellbender but also to the aquatic unauthorized collecting for the pet trade major concern. In 2001, an ecosystems upon which this species remains a threat throughout the range advertisement in a Buffalo, New York, depends. because of the willingness of newspaper was selling hellbenders for Pressure from recreational uses (for individuals to collect hellbenders $50 each (Mayasich et al. 2003, p. 20). example, boat traffic, horseback riding, illegally (Briggler 2011a, pers. comm.). In 2003, a pet dealer in Florida posted and ORV use) in streams inhabited by The illegal and legal collection of an Internet ad that offered ‘‘top dollar’’ Ozark Hellbenders has increased hellbenders for research purposes, for large numbers of hellbenders,

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wanted in groups of at least 100 2007, pp. 209, 212). The MDC reports illegal commercial sale in the pet trade, (Briggler 2007, pers. comm.). Also in that gigging popularity and pressure however, continues to be a significant 2003, a person in Pennsylvania had an have increased, which increases the threat. Internet posting stating specifically that threat to hellbenders during the C. Disease or Predation an Ozark Hellbender was wanted, no breeding season when they tend to matter the price or regulatory move greater distances and congregate Disease (Chytridiomycosis) consequence (Briggler 2007, pers. in small groups where they are an easy Background—Chytridiomycosis is a comm.); while in 2010 a person posted target for giggers (Nickerson and highly infectious amphibian disease an Internet ad looking for wholesale lots Briggler 2007, p. 212). The gigging caused by the pathogen of hellbenders (Briggler 2010a, pers. season for various species of suckers Batrachochytrium dendrobatidis (Bd, or comm.). At the 2005 Hellbender spans the reproductive season of the amphibian chytrid fungus), and has Symposium, it was announced that U.S. Ozark Hellbender in the North Fork been demonstrated to infect and kill all hellbenders were found for sale in White River and also overlaps that of life stages of an increasing number of Japanese pet stores, which is likely the the hellbender in other river basins. The amphibian species worldwide (Berger et largest market for this species (Briggler sucker gigging season opens September al. 1998, pp. 9031–9036). The Ozark 2005, pers. comm.). Further evidence of 15, during the peak breeding period Hellbender is now included on the ever- the current demand for hellbenders when hellbenders are most active and, increasing global list of amphibian overseas includes an Eastern Hellbender therefore, most exposed. species potentially affected by this fatal declared for export to Europe in 2010 Gigging is popular in hellbender pathogen (Speare and Berger 2011, pp. (Tabor 2010, pers. comm.) and a streams to such a degree that marks are 1–9). hellbender (subspecies not specified) often noticed on the bedrock and the The chytrid fungus attacks the declared in 2005 for export to Japan river bottom from giggers’ spears keratinized tissue of amphibians’ skin, (LEMIS 2008). The Law Enforcement (Briggler 2007, pers. comm.). Although which can lead to clinical signs of Management Information System the chance of finding a gigged disease presence, such as thickened (LEMIS) is the Service’s law hellbender can be limited (due to epidermis, lesions, body swelling, enforcement data system and includes presence of scavengers, the fast information on imported and exported decomposition rate of amphibians, and lethargy, abnormal posture, loss of wildlife. Numbers provided by LEMIS the possibility of giggers removing the righting reflex, and death (Daszak et al. declarations reports, however, can differ specimen), two gigged hellbenders were 1999, pp. 737–738; Bosch et al. 2001, p. greatly from actual export numbers found along the stream bank on the 331; Carey et al. 2003, p. 130). It is when animals are collected illegally and North Fork White River in 2004 (Huang believed that the fungus originated from not declared. As Ozark Hellbenders 2007, pers. comm.). In their studies of Africa with the African clawed frog become rarer, their market value is Missouri hellbenders, Nickerson and (Xenopus laevis), used throughout the likely to increase. In fact, listing the Mays (1973a, p. 56) found dead gigged United States in the 1930s and 1940s for subspecies as endangered may also specimens, and they reference data pregnancy testing. This pathogen is now enhance the subspecies potential showing how susceptible the species is found on all continents including Asia, commercial value as the rarity of the to this threat. Ozark Hellbenders are where it was recently documented subspecies is made public. sometimes unintentionally caught by (Weldon et al. 2004, pp. 2100–2105; Unlike many U.S. species listed under anglers. However, catching hellbenders Speare and Berger 2005, pp. 1–9; Goka the Act, the Ozark Hellbender has while fishing is not a frequent et al. 2009, pp. 4765–4767). commercial trade value. Due to the occurrence and is not believed to be a Currently, there are two theories on market demand and the apparent significant threat to the species, the development of the Bd as a global willingness of individuals to collect especially if anglers follow instructions amphibian pathogen. One theory is that hellbenders illegally, we believe that posted by the Missouri Department of the fungus is not a new pathogen, but any action that publicly discloses the Conservation to remove the hook or cut has increased in virulence or in host location of hellbenders (such as the fishing line and return the susceptibility caused by other factors publication of specific critical habitat hellbender to the stream (Briggler 2009, (Berger et al. 1998, p. 9036). The other, maps or locations) puts the species in pers. comm.). more widely supported theory is that Bd further peril. For example, due to the is an introduced species whose spread Summary of Overutilization for threat of unauthorized collection and has been described as an epidemic Commercial, Recreational, Scientific, or trade, the Missouri Department of ‘wave-like’ front (Lips et al. 2006, pp. Educational Purposes Conservation and Arkansas Game and 3166–3169; Morehouse et al. 2003, p. Fish Commission have implemented The Ozark Hellbender is a rare and 400). extraordinary measures to control and unique amphibian that has experienced B. dendrobatidis lives in aquatic restrict information on the locations of extensive collection from the wild for systems in which it ‘swims’ (using Ozark Hellbenders and thus no longer various reasons. Due to the continued spores) through the water and make location and survey information decline of the Ozark Hellbender and the reproduces asexually. The fungus readily available to the public. history of its collection, State agencies develops most rapidly at 73.4 °F (23 °C) Recreational fishing may also in Missouri and Arkansas have in culture, with slower growth rate at negatively impact Ozark Hellbender implemented measures to reduce the 82.4 °F (28 °C) and reversible stop of populations due to animosity towards threat of collection. These measures growth at 84.2 °F (29 °C; Daszak et al. hellbenders, which some anglers believe include moratoriums on issuance of 1999, p. 741). The temperatures in to be poisonous and to interfere with scientific collecting permits; prohibiting Ozark streams are ideal for the spread fish production (Gates et al. 1985, p. 18). the collection, possession, and sale of and persistence of this pathogen. Based In addition, there are unpublished hellbenders under appropriate State on U.S. Geological Survey water data reports of hellbenders accidentally wildlife statutes; and controlling from 1996–2006, the maximum killed by frog or fish gigging (spearing), information on the location of temperature of these hellbender streams when a hellbender may get speared hellbenders. The unauthorized is 77.0 to 80.6 °F (25 to 27 °C), although inadvertently (Nickerson and Briggler collection of Ozark Hellbenders for the average water temperature over one

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year (for Eleven Point, Current, and extirpations, sustained population localized in different tissues than were North Fork White River) is declines, and possibly species analyzed (Beard and O’Neill 2005, p. approximately 59.0 to 60.8 °F (15 to 16 extinctions for many amphibian species 594). The only Ozark Hellbender river °C)(Barr 2007, pers. comm.). (Berger et al. 1998, pp. 9031–9036; not surveyed for the pathogen was the Persistence of Bd may be further Bosch et al. 2001, pp. 331–337). Chytrid Spring River, where the subspecies is enhanced by saprophytic development fungi are the best supported pathogens considered functionally extirpated (obtaining nourishment from dead or related to amphibian declines, with (Irwin 2008a, pers. comm.). During decaying material in water; Daszak et al. more than 93 species worldwide future surveys, all animals encountered 1999, p. 740). Johnson and Speare affected as of 2005 (Collins and Storfer (new and recaptures) will be tested for (2003, pp. 923–924) concluded that the 2003, pp. 89–98; Daszak et al. 2003, pp. the presence of B. dendrobatidis. fungus can survive saprophytically 141–150; Speare and Berger 2005, p. 1). The immediacy of the threat from outside the amphibian host for up to 7 For example, in surveys conducted by chytridiomycosis has been significantly weeks in lake water and up to 3 to 4 Lips et al. (2006, pp. 3165–3166) in heightened since the Bd pathogen has weeks in tap water. Further, Carey et al. Costa Rica and Panama, during only a been found to occur in all known extant (2003, p. 130) stated that amphibians few months of surveying, frog and populations of the Ozark Hellbender. can be infected when placed either in salamander species richness and Exact effects of the fungus on Ozark water containing zoospores that were amphibian density declined by more Hellbender populations remains placed specifically in the water, or in than 60 percent and 90 percent, unknown, but infected individuals of water from which infected animals have respectively. The declines were other amphibian species have been recently removed. The possibility attributed to the prevalence of chytrid experienced decreased growth rates that Bd can develop for even a short fungus in amphibian habitats (Lips et al. (Davidson et al. 2007, p. 1773) and period of time outside the amphibian 2006, pp. 3165–3166). reduced survivability (Pilliod et al. host may greatly increase its impact and Disease in captive hellbenders—The 2010, pp. 1264–1265). Hellbenders may accelerate host population declines St. Louis Zoo maintains a captive be particularly sensitive to thickening of (Carey et al. 2003, p. 130). Also, the population of Ozark and Eastern the epidermis caused by Bd (Daszak et possibility of long-term survival of the Hellbenders. In March 2006, there was al. 1999, pp. 737–738) as more than 90 pathogen as a saprophyte may explain a power outage in the Zoo’s percent of their oxygen is obtained the lack of recolonization of streams herpetarium, including the area where through cutaneous respiration from which amphibians, such as the the hellbenders are held. Soon after the (Guimond and Hutchison, p. 1263). Ozark Hellbender, have been extirpated power outage, which may have stressed Abnormalities (Daszak et al. 1999, p. 740). Moreover, the hellbenders, possibly reducing their hellbenders that are not already infected immunity, several hellbenders were Wheeler et al. (2002, pp. 250–251) with Bd are continually at risk because observed ‘‘with substrate (rocks) investigated morphological aberrations temperatures are ideal for the sticking to the skin and many were in the Ozark Hellbender over a 10-year persistence of the fungus in the water floating’’ (Duncan 2007, pers. comm.). period. They obtained deformity data (without a host) for a long period. More than 75 percent of the captive from salamanders that were examined Habitat specializations and a variety population whose death occurred from during population and distributional of underlying predisposing March 2006 through April 2007 (59 surveys in the Eleven Point River, North environmental factors may make an individuals) likely resulted either Fork of the White River, and Spring animal more vulnerable to exposure to directly or indirectly from Bd (Duncan River dating back to 1990. They the pathogen, especially for species 2007, pers. comm.). reported a variety of abnormal limb such as the Ozark Hellbender that carry Disease in wild hellbenders—As a structures, including missing toes, feet, out their life cycle in aquatic rather than result of the mortalities in the St. Louis and limbs. Additional abnormalities terrestrial habitats (Carey et al. 2003, p. Zoo hellbender population, in 2006 the encountered include epidermal lesions, 131). Since the Ozark Hellbender lives Missouri Department of Conservation blindness, missing eyes, and bifurcated in an aquatic system throughout its began testing wild hellbenders in limbs. Three hellbenders were entire life, there is no possibility for Missouri for infection by the pathogen. documented with tumors on their relief from this fungus. Climate change All Ozark Hellbender streams surveyed bodies in the Spring River in Arkansas. is one of the environmental factors that had individual hellbenders that tested Briggler (2011b, pers. comm.) is has been indicated as a key promoter in positive for the pathogen (Briggler evaluating and compiling additional the spread of the Bd pathogen (Pounds 2008b, pers. comm.). Data from 2006 information on these abnormalities and et al. 2006, pp. 161–167). Rachowicz et and 2007 show that, for the presence of lesions, including the frequency of al. (2006, pp. 1676–1682) found that B. dendrobatidis within the Current occurrence. Several hellbenders with chytridiomycosis was implicated in the River, 20 percent of the population was these abnormalities were x-rayed and local extirpations of two species of frog, positive (heavily positive in a few are being analyzed by Jeff Briggler, and they conclude with high confidence locations, indicating higher Missouri Department of Conservation. that large-scale warming was the key concentrations of the fungus); within One hellbender with extreme factor in the disappearances of these the Eleven Point River (Missouri and abnormalities (all limbs missing) was two species. Although environmental Arkansas), 16 percent was positive euthanized and sent to the USGS factors (for example, increased UV–B, (positives spread throughout river); and National Wildlife Health Center for chemical pollution, climate change) within the North Fork of the White necropsy, where the conclusive cause may predispose amphibian populations River, 15 percent was positive (positives for the individual’s missing limbs and to pathogens, evidence suggests that spread throughout river) (Briggler digits could not be determined. cofactors are not required for 2008b, pers. comm.). These results In 2004, 72 percent of Ozark chytridiomycosis to cause mass indicate the minimum number of Hellbenders captured had abnormalities amphibian deaths (Daszak et al. 1999, p. infected individuals because present. For reference, 49 percent of 741). polymerase chain reaction (PCR) tests Eastern Hellbenders captured in Overall, chytridiomycosis has been for B. dendrobatidis may produce false Missouri had abnormalities (Briggler implicated in local population negative results if the infection is 2007, pers. comm.). In 2006, 90 percent

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of Ozark Hellbenders surveyed from the the overall stress imposed on affected America due to stocked nonnative trout Eleven Point River (Missouri), 73 individuals has the potential to reduce (Pilliod and Peterson 2001, p. 330). percent from the Current River, and 67 breeding activities and thus decrease Preliminary data suggest that larval percent from the North Fork of the recruitment. hellbenders from declining populations White River had abnormalities (Briggler Predation in Missouri do not recognize brown 2007, pers. comm.). In general, trout as dangerous predators. In abnormalities in Ozark Hellbenders are Trout stocking has increased in recent contrast, larvae from more stable becoming increasingly common and years both in Missouri and Arkansas. southeastern (U.S.) populations that co- severe, often to a level that the animals While no trout are native to Missouri, occur with native trout show ‘‘fright’’ are near death (for example, missing both nonnative brown trout (Salmo responses to brown trout (Mathis 2008a, digits on all or most limbs, missing all trutta) and nonnative rainbow trout pers. comm.). The failure of hellbender or most limbs; Briggler 2007, pers. (Oncorhynchus mykiss) have been larvae to recognize trout as a threat is comm.). Most, if not all, hellbenders sporadically introduced into Ozark area likely a nonadaptive response the makes collected in the past decade from the waters for recreational fishing purposes this amphibian more susceptible to Spring River have had some type of since the 1800s. The 2003 MDC Trout predation. A recent study conducted by major malformity or lesions (Davidson Management Plan calls for increased Gall (2008, pp. 1–86) confirmed results 2008, pers. comm.). In fact, a hellbender levels of stocking as well as increasing found with this preliminary data on found in the Spring River in 2004 was the length of cold-water-stream stretches Missouri hellbender populations. that will be stocked with brown and missing all four feet and was covered in Gall (2008, p. 3) examined hellbender rainbow trout (Missouri Department of lesions and a fungal growth externally (Ozark and eastern) predator-prey Conservation 2003, pp. 31–32). and inside its mouth; this animal died interactions by (1) studying the foraging Nonnative trout are stocked in all rivers within 15 minutes of capture (Davidson behavior of predatory fish species that historically and currently contain 2008, pers. comm.). (native and nonnative (trout)) in Ozark Hellbenders ((MDC 2003, pp. 24– The current belief is that secondary response to the presence of hellbender 26, AGFC 2004, p. 4). In Arkansas, the bacterial and fungal infections are secretion (a potentially noxious causing the observed abnormalities on Arkansas Game and Fish Commission is chemical cue produced by stressed Ozark Hellbenders (Briggler 2011a, pers. currently working with the U.S. Army hellbenders), (2) comparing the number comm.). While these pathogens likely Corps of Engineers to improve cold of secretion-soaked food pellets naturally occur on the animals, it water releases from mainstem dams consumed by rainbow and brown trout, appears that some unknown factor is along the White River, to improve and (3) comparing the response of larval increasing the hellbenders’ conditions for trout below the reservoirs hellbenders to chemical stimuli between susceptibility to these infections. In (U.S. Army Corps of Engineers 2008, pp. native predatory fishes and nonnative hellbenders infected with Bd, there may 1–40). In addition, highly predacious trout. Gall (2008, pp. 23, 30–31) be a connection between the chytrid tiger muskies (hybrids between determined that brown trout were fungus and presence of abnormalities Northern pike and muskellunge (Esox such as lesions, digit and appendage masquinogy x E.lucius) were introduced attracted to the secretion emitted by loss, and epidermal sloughing. Although into the Spring River in Arkansas in hellbenders, and hellbender secretions evidence is lacking to conclude that 1989. were more palatable to brown trout than infection by Bd causes Introduced fishes have had dramatic to rainbow trout. Also, although immunosuppression, it has been negative effects on populations of hellbenders in Missouri exhibited only hypothesized that the pathogen amphibians throughout North America weak fright responses when exposed to increases the vulnerability of (Bradford 1989, pp. 776–778; Funk and trout stimuli, they responded with hellbenders to secondary bacterial and Dunlap 1999, pp. 1760–1766; Gillespie strong fright responses to other native fungal infections and thus is associated 2001, pp. 192–196; Pilliod and Peterson predatory fish. with the abnormalities (Irwin 2010, 2001, pp. 326–331; Vredenburg 2004, Gall (2008, p. 63) suggested that the pers. comm.). However, not all pp. 7648–7649). Rainbow trout and limited evolutionary history between hellbenders exhibiting the abnormalities brown trout are considered opportunists salmonids (brown and rainbow trout) described above test positive for in diet, varying their diet with what is and hellbenders in Missouri is likely infection by the fungus. Therefore, available, including larval amphibians responsible for the weak fright behavior while the Bd pathogen may cause some (Smith 1985, p. 231; Pflieger 1997, pp. exhibited by hellbenders in response to hellbenders to be more susceptible to 224–225). Brown trout grow bigger and trout stimuli. Although brown and other infections, including those tolerate a wider range of habitats than rainbow trout are a threat to responsible for lesions and appendage do rainbow trout and, therefore, may be hellbenders, results from this study loss, it appears that additional unknown a more serious threat to hellbenders, indicate that rainbow trout are less of an factors are underlying the increased particularly at the larval stage. Dunham immediate concern than brown trout vulnerability. et al. (2004, pp. 19–24) assessed the (Gall 2008, pp. 63–64). This may be due While the cause of the observed impacts of nonnative trout in headwater to the difference in diet of the two abnormalities is uncertain, the presence ecosystems in western North America. species; rainbow trout maintain a of these physical impairments (and the The authors documented at least eight predominately invertebrate diet frequency with which they occur) is amphibian species that exhibited throughout their lives and brown trout likely contributing to Ozark Hellbender negative associations with nonnative switch from predominately invertebrate declines by reducing survivorship and trout in mountain lakes, specifically prey to predominately vertebrate prey reproduction. Lesions on the feet and regarding the occurrence or abundance (including salamanders) at about 8.7 in absence of appendages altogether of larval life stages of native (22 cm) in length (Gall 2008, p. 60). Gall seemingly would reduce motility and amphibians. Also, salamander species, (2008, p. 63) provided evidence that foraging ability, and possibly increase such as the long-toed salamander predation by introduced trout cannot be vulnerability of hellbenders to (Ambystoma macrodactylum), have ruled out as a factor affecting the Ozark predators. Blindness or missing eyes been extirpated from waterbodies in Hellbender and possibly contributes to may also decrease survivability; while high-elevation lakes in western North their decline.

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In addition to brown trout and four the species without a permit. MDC in streams and rivers. Nonpoint other native predatory fish, walleye placed a moratorium on hellbender pollution sources (for example, animal (Stizostedion vitreum) have been scientific collecting from 1991 to 1996 and human waste, agricultural practices, stimulated to approach prey more often and has since allowed only limited increased road construction) may be and faster in the presence of hellbender numbers of scientific collecting permits, causing much of the degraded water secretions (Gall 2008, pp. 23–24). and only for those projects contributing quality throughout the Ozark Although walleye are native, stocking to conservation and recovery efforts Hellbender’s range. The degradation is the species at greater densities than (Briggler 2011d, pers. comm.). Despite more apparent in stretches of rivers that those occurring naturally may increase receiving maximum protection by both are not within federally or State predation pressures on hellbender States, continued unauthorized protected lands, such as in the Eleven larvae stocked in hellbender streams, collecting for the pet trade has been Point River in Arkansas (Irwin 2008b, because walleye share similar activity documented and remains a threat pers. comm.). While portions of the periods with hellbenders (Mathis 2008b, throughout the range. Eleven Point River watershed in pers. comm.). State regulations for gigging and for Missouri are owned by the Federal trout stocking do not protect the Ozark Government and managed to protect Summary of Disease or Predation Hellbender. The gigging season for stream and riparian areas from erosion, The discovery of the presence of various species of suckers spans the the entire watershed in Arkansas is Batrachochytrium dendrobatidis (Bd, or reproductive season of the Ozark privately owned with increased threat amphibian chytrid fungus) in 2006 Hellbender in the North Fork White from stream bank clearing and within all remaining populations of the River and overlaps that of the unrestricted livestock access, which Ozark Hellbender has made increased hellbender in other river basins as well. have an increased effect on remaining protection even more important to the The sucker gigging season opens Ozark Hellbender populations (Irwin persistence of this subspecies (Utrup annually on September 15, during the 2008b, pers. comm.). 2007, pers. comm.). The threat from peak breeding period when hellbenders The court’s decision in American chytridiomycosis is significant and are most active and, therefore, most Mining Congress v. U.S. Army Corps of immediate because: (1) It is proven to be exposed. The 2003 MDC Trout Engineers (D.D.C. 1997) resulted in the a fatal pathogen to Ozark Hellbenders in Management Plan calls for increased U.S. Army Corps of Engineers captivity, and (2) in the wild, all streams levels of stocking as well as increasing deregulating gravel removal activities with extant Ozark Hellbender the length of cold water streams that under section 404 of the CWA. The populations have individuals that tested will be stocked with brown and rainbow court found that ‘‘de-minimus’’ or positive for the pathogen (Briggler trout (MDC 2003, pp. 31–32). In incidental fallback of sand and gravel 2008b, pers. comm.). In addition, Arkansas, the Arkansas Game and Fish into the stream from which it was being although it is unclear if there is a Commission is currently working with excavated did not constitute the connection to chytridiomycosis, the U.S. Army Corps of Engineers to placement of fill by the mining abnormalities found on Ozark improve cold water releases from operation. Hence, the court ruled that Hellbenders are increasingly severe, mainstem dams along the White River to the Army Corps of Engineers had often to a level short of mortality improve conditions for trout below the exceeded their authority in requiring a (Briggler 2008a, pers. comm.). reservoirs (U.S. Army Corps of permit for this activity. Although these Nonnative trout are stocked in all Engineers 2008, pp. 1–40). activities no longer require a Clean rivers that historically and currently Water Act 404 permit, commercial Clean Water Act contain hellbenders in Missouri. operations in Missouri must apply for a Predation of larval hellbenders by Although the Clean Water Act of 1972 State permit through the Missouri nonnative trout and other piscivorous (CWA (Pub. L. 92–500)) resulted in an Department of Natural Resources Land fish possibly contributes to the decline overall gain in water quality in streams, Reclamation Program. Modifications of of Ozark Hellbender populations in degraded water quality still is a stream channels associated with gravel Missouri and may be a growing concern significant factor affecting highly mining, as well as the removal of if predatory fish continue to be stocked sensitive aquatic organisms such as the pebbles and cobble that are important (or are stocked in larger numbers) in Ozark Hellbender because a number of microhabitat for larvae and subadults, hellbender streams. activities responsible for habitat possibly contribute to the decline of degradation are outside of regulatory Ozark Hellbenders in these systems. D. The Inadequacy of Existing oversight. There are no regulatory Regulatory Mechanisms requirements to implement Best Lacey Act In Arkansas, hellbenders may be Management Practices (BMPs) to protect Under section 3372(a)(1) of the Lacey collected with a scientific collecting water quality from timber management Act Amendments of 1981 (16 U.S.C. permit from the AGFC; however, no actions. Existing BMPs by the Arkansas 3371–3378), it is unlawful to import, permits are anticipated to be issued now Forestry Commission and Missouri export, transport, sell, receive, acquire, or in the future because the State Department of Conservation lack or purchase any wildlife taken, acknowledges the severely imperiled mandatory requirements for possessed, transported, or sold in status of the subspecies (Irwin 2008b, implementing methods to reduce violation of any law, treaty, or pers. comm.). Although Arkansas does aquatic resource impacts associated regulation of the United States. This not have a State endangered and with timber management. Timber prohibition of the Lacey Act would threatened species list, the State harvest activities (for example, logging apply in instances where a person considers the Ozark Hellbender a decks, increased use of unpaved roads, engages in a prohibited act with an nongame species and prohibits improperly designed and maintained Ozark Hellbender unlawfully collected collection without a permit. The Ozark roads, skid trails, fire breaks) may result from Federal lands, such as those Hellbender is a State-endangered in erosion and sedimentation. Federal lands within the range of the species in Missouri, which prohibits Additionally, there are no laws or Ozark Hellbender that are owned and importation, exportation, transportation, regulations that preclude livestock from managed by the U.S. Forest Service or sale, purchase, taking, and possession of grazing in riparian corridors and wading the National Park Service. It is unlawful

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under section 3372(a)(2)(A) of the Lacey restrict exploitation; under Appendix make it vulnerable to extinction due to Act Amendments of 1981 to import, III, that Party country requests the help genetic drift, inbreeding depression, and export, transport, sell, receive, acquire, of other Parties to monitor and control random or chance events (Smith 1990, or purchase in interstate or foreign the trade of that species. Based on the pp. 311–321). Inbreeding depression can commerce any wildlife taken, criteria described in 50 CFR 23.90, the result in death, decreased fertility, possessed, transported, or sold in Eastern and the Ozark hellbenders smaller body size, loss of vigor, reduced violation of any law or regulation of any qualify for listing in CITES Appendix fitness, and various chromosome State. III. Listing all hellbenders in Appendix abnormalities (Smith 1990, pp. 311– Because it is a violation of Missouri III is necessary to allow us to adequately 321). Despite any evolutionary and Arkansas wildlife codes and monitor international trade in the taxa; adaptations for rarity, habitat loss and regulations to sell, purchase, or engage to determine whether exports are degradation increase a species’ in any actions relating to the occurring legally, with respect to State vulnerability to extinction (Noss and commercial trade of Ozark Hellbenders law; and to determine whether further Cooperrider 1994, pp. 58–62). (for example, import, export, ship, or measures under CITES or other laws are Numerous authors (such as Noss and transport), any interstate or foreign required to conserve this species and its Cooperrider 1994, pp. 58–62; Thomas commerce of the Ozark Hellbender subspecies. Appendix III listings will 1994, p. 374) have indicated that the would result in a violation of the Lacey lend additional support to State wildlife probability of extinction increases with Act Amendments of 1981. However, if agencies in their efforts to regulate and decreasing habitat availability. Although an illegally obtained hellbender is not manage hellbenders, improve data changes in the environment may cause identified to the Ozark subspecies, it gathering to increase our knowledge of populations to fluctuate naturally, small would be difficult for a wildlife trade in hellbenders, and strengthen and low-density populations are more inspector to identify it as the prohibited State and Federal wildlife enforcement likely to fluctuate below a minimum taxon. Although the prohibitions and activities to prevent poaching and viable population (the minimum or penalties of the Lacey Act Amendments illegal trade. The final rule for the threshold number of individuals needed of 1981 provide some protection for the CITES Appendix III listing is being in a population to persist in a viable Ozark Hellbender, this law, by itself, published concurrently in today’s state for a given interval) (Gilpin and does not adequately prevent or reduce Federal Register. Soule 1986, pp. 25–33; Shaffer 1981, p. the illegal commercial trade of 131; Shaffer and Samson 1985, pp. 148– Summary of the Inadequacy of Existing hellbenders. 150). Regulatory Mechanisms The loss of genetic diversity in Ozark Convention on International Trade in Some existing regulatory mechanisms Hellbenders is illustrated by Routman’s Endangered Species of Wild Fauna and provide protection for the Ozark (1993, pp. 410–415) study, in which Flora (CITES) Hellbender and its habitat. Existing hellbender populations from different The unauthorized collection and trade Federal and State water quality laws can rivers demonstrated very little within- of Ozark Hellbenders within the United be applied to protect water quality in population variability, and relatively States and internationally is of growing streams occupied by the hellbender, but high between-population variability. concern, particularly as the subspecies’ several factors contributing to Due to this population fragmentation, rarity increases and, consequently, degradation of water quality remain local extirpations cannot be naturally commercial value increases. Therefore, outside government regulatory repopulated. Current factors negatively concurrent with the proposal to list the authority. The requirement for a U.S. affecting the habitat of the Ozark Ozark Hellbender as endangered, the Army Corps of Engineers dredge and fill Hellbender may exacerbate potential Service proposed on September 8, 2010, permit under section 404 of the Clean problems associated with its low to include both hellbender subspecies in Water Act has resulted in an overall population numbers and the isolation of Appendix III of CITES. CITES is an gain in water quality. However, ongoing those small populations from each international agreement between gravel mining in hellbender streams is other, which increases the chances of governments with the purpose of no longer regulated by the Corps of this subspecies going extinct or making ensuring that international trade in wild Engineers under section 404 of the it less able to recover or adapt to animals and plants does not threaten Clean Water Act. Although the Lacey catastrophic events. their survival. CITES listing of the Ozark Act provides some protection, the Genetic studies have repeatedly Hellbender would aid in curbing current regulatory mechanisms are not demonstrated very low genetic diversity unauthorized international trade of adequate to protect Ozark Hellbenders in hellbender populations, which could hellbenders. from unauthorized collection for contribute to the decline of the species CITES can list species in one of three commercial sale in the pet trade. The through inbreeding depression appendices. Appendix I includes Service also finalized listing the Eastern (Kucuktas et al. 2001, p. 135). The species threatened with extinction that and Ozark hellbender in Appendix III of current combination of population are or may be affected by international CITES concurrently in today’s Federal fragmentation, disease, and habitat trade. Appendix II includes species that, Register. Nonetheless, the CITES listing degradation will prohibit this species although not necessarily threatened applies only to the export of hellbenders from recovering without the with extinction now, may become so from the United States. Current intervention of conservation measures unless the trade is strictly controlled. regulations also do not protect Ozark designed to facilitate hellbender Appendix II also includes species that Hellbenders from gigging by anglers or recovery. CITES must regulate so that trade in potential predation by introduced Recruitment and Reproductive other listed species may be brought nonnative trout. Capability—The hellbender’s late sexual under effective control (for example, maturity leads to a higher risk of death because of similarity of appearance E. Other Natural or Manmade Factors prior to reproduction and to lengthened between listed species and other Affecting Its Continued Existence generation times (Congdon et al. 1993, species). Appendix III includes native Small, Isolated Populations—The pp. 831–832). Hellbender specimens species identified by any Party country small size and isolation of remaining less than 5 years of age are uncommon that needs to be regulated to prevent or populations of the Ozark Hellbender (Taber et al. 1975, pp. 636–637;

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Pfingsten 1990, p. 49), and recent recruitment. The present distribution threats affecting the hellbender, such as research has indicated that the age and status of Ozark Hellbender of habitat loss, water quality structure has shifted, resulting in the populations in the White River system degradation, chytridiomycosis, and prevalence of older individuals in Arkansas and Missouri are exhibiting unauthorized collection and trade. In (Pfingsten 1990, p. 49; Wheeler et al. such a decline (Wheeler et al. 2003, addition, effects from some threats 2003, pp. 153, 155). p. 155). likely interact synergistically to enhance Because hellbenders are long-lived, a Climate Change—Because the Ozark effects from other factors (for example, population may seemingly not be highly Hellbender is an aquatic salamander compromised health from water quality dependent on recruitment to remain totally dependent upon an adequate or pathogen issues may increase extant (Mayasich et al. 2003, p. 22). water supply and has specific habitat predation risks). Empirical and theoretical evidence requirements (i.e., dissolved oxygen and suggests, however, that overlapping low water temperatures); we expect that Determination for the Ozark Hellbender generations within a population (high climate change could significantly alter Although no clear estimates exist for survivorship among juveniles) is the quantity and quality of hellbender how many Ozark Hellbenders necessary to maintain stable habitat and thus impact the species in historically inhabited Missouri and populations (Congdon et al. 1993, pp. the future. Potential adverse effects from Arkansas, surveys over recent years 830–832) and maintain genetic diversity climate change include increased have documented a severe decline in all by facilitating gene flow among older frequency and duration of droughts populations. To illustrate this decline, and younger individuals (Ellner and (Rind et al. 1990, p. 9983; Seager et al. consider the current total range-wide Hairston 1994, pp. 413–415). Wheeler et 2007, pp. 1181–1184; Rahel and Olden population estimate of 590 (Briggler et al. (2003, p. 155) postulated that the 2008, p. 526) and an increased virulence al. 2007, p. 83) compared to the results lack of sufficient recruitment may have of nonnative parasites and pathogens to of one 1973 study indicating impeded the population stability of native species from warming approximately 1,150 hellbenders within Ozark Hellbenders and the ability of the temperatures (Rahel and Olden 2008, less than 1.2 mi (2 km) of one occupied populations to maintain genetic p. 525). If the health of hellbenders is river (Nickerson and Mays 1973b, diversity. already compromised by other p. 1165). Pfingsten (1990, p. 49) cautioned that environmental stressors, elevated water In addition to the severe population lack of larvae detection could mean that temperatures could increase declines, the known factors negatively larvae occupy a microhabitat that has susceptibility to bacterial and fungal affecting and subsequent threats to the yet to be surveyed. However recent infections, especially for those Ozark Hellbender have continued to information indicates that the lack of hellbenders infected with Bd (Wanner increase since we elevated the species to larvae and juveniles in populations is 2011, pers. comm.). candidate status in 2001 (66 FR 54808; not a function of survey technique, but Climate warming may also decrease October 30, 2001). In particular, the instead reflects a true reduction in groundwater levels (Schindler 2001, p. discovery of the presence of recruitment (Lipps 2010, pers. comm.; 22) or significantly reduce annual Batrachochytrium dendrobatidis Phillips 2010, pers. comm.). stream flows (Moore et al. 1997, p. 925; (chytridiomycosis) in 2006 within all Unger (2003, pp. 30–36) compared Hu et al. 2005, p. 9); while the increased remaining populations of the Ozark several measures of sperm production drought conditions and prolonged low Hellbender has made increased between male Ozark and Eastern flows associated with climate change protection even more important to hellbenders in Missouri and Eastern may favor the establishment and spread persistence of this subspecies (Utrup Hellbender males from more stable of nonnative species (Rahel and Olden 2007, pers. comm.). populations in North Carolina and 2008, pp. 526, 529–530). Low or The decrease in Ozark Hellbender Georgia. Sperm counts were interrupted stream flows could have population size and the shift in age significantly lower for males from both devastating effects on Ozark structure are likely caused in part by a tested Missouri populations than for Hellbenders populations by causing variety of historical and ongoing males from southeastern populations. direct mortality from desiccation activities. It is believed that one of the Populations were not significantly (during periods of interrupted flows) primary causes of these trends is habitat different with respect to sperm viability and reduced fitness and reproduction destruction and modification from and motility. The sperm of Missouri due to stress, decreased prey siltation and water quality degradation. males had proportionally smaller heads availability, and lower dissolved The sources include industrialization, for their tail lengths; this difference was oxygen. Additionally, it is projected that agricultural runoff from livestock relatively small, but was statistically stream basin discharges may be further production and pasture land, mine significant. Because motility and impacted by synergistic effects of waste, and activities related to timber viability appeared unaffected, artificial changes in land cover and climate harvesting. Increased siltation affects fertilization might be a viable change in the Missouri Ozarks (Hu et al. hellbenders in a variety of ways, such as conservation technique, however, 2005, p. 9). suffocating eggs, eliminating suitable limited efforts to date have been habitat for all life stages, reducing successful (Unger 2003, pp. 65–66). Summary of Other Natural or Manmade dissolved oxygen levels, increasing The extremely low number or lack of Factors Affecting Its Continued contaminants (that bind to sediments), juveniles in most Ozark Hellbender Existence and reducing prey populations. Trout populations is a significant sign that The small size and isolation of Ozark stocking continues to occur on little reproduction has occurred in these Hellbender populations, loss of genetic hellbender streams both in Missouri and populations for several years. Late age of diversity, lack of recruitment, and Arkansas. The reduced numbers of reproductive maturity, when paired potential effects from climate change larval and subadult hellbenders with a long lifespan, can disguise could exacerbate other factors observed may be attributed to predation population declines resulting from negatively affecting the subspecies and by nonnative trout. Increased nitrate activities that occurred years earlier increase the risk of extinction. These levels, along with a variety of other until the adults begin dying and additional factors are particularly contaminants from agricultural runoff numbers begin declining from lack of detrimental when combined with other and increased urbanization, have been

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detected in hellbender streams, which estimates and assume that hellbender Critical Habitat not only negatively affects hellbenders populations within each river system Prudency Determination directly but also the Ozark aquatic are continuous, and the prevalence of ecosystems in general. Impoundments chytrid fungus and its possible effects Background alter habitat directly, isolate on hellbenders was not taken into Section 4(a)(3) of the Act, as populations, change water temperatures consideration. Hellbenders do not travel amended, and implementing regulations and flows below reservoirs, and increase great distances, however, and (50 CFR 424.12), require that, to the predation at sites immediately above subpopulations within each river maximum extent prudent and reservoirs. Remaining Ozark Hellbender system are often separated by miles determinable, we designate critical populations are small and isolated, in (kilometers) of unsuitable habitat habitat at the time the species is part due to reservoir construction that resulting in fragmented populations. determined to be endangered or makes hellbenders vulnerable to These models projected the Ozark threatened. Our regulations (50 CFR individual catastrophic events and Hellbender subspecies to be 424.12(a)(1)) state that the designation reduces the likelihood of recolonization functionally extinct within 20 years of critical habitat is not prudent when after localized extirpations. Recreational pressure (for example, (Briggler et al. 2007, pp. 88–90 and 97). one or both of the following boat traffic, horseback riding, and ORV We determine foreseeable future on a circumstances exist: (1) The species is use) in streams inhabited by Ozark case-by-case basis, taking into threatened by taking or other human activity, and identification of critical Hellbenders has increased substantially consideration a variety of species- habitat can be expected to increase the on an annual basis, directly disturbing specific factors such as lifespan, degree of threat to the species, or (2) the habitat. Fish and frog gigging genetics, breeding behavior, such designation of critical habitat popularity and pressure continue to demography, threat-projection would not be beneficial to the species. increase, presenting a threat to timeframes, and environmental hellbenders during the breeding season We have determined that both variability. Based on the observed circumstances apply to the Ozark (Nickerson and Briggler 2007, pp. 209– population decline in the subspecies 211). The increase in number or size of Hellbender. This determination involves and the threats as discussed, we find a weighing of the expected increase in recreational boats and inner tubes, that the Ozark Hellbender is currently in commercial horse trail ride outfitters, threats associated with a critical habitat danger of extinction throughout all of its designation against the benefits gained and ORV use has increased disturbance range. and contamination (for example, fecal by a critical habitat designation. An coliform). We have carefully assessed the best explanation of this ‘‘balancing’’ The unauthorized collection of scientific and commercial information evaluation follows. hellbenders, especially for the pet trade, available regarding the past, present, Increased Threat to the Taxon by remains a major concern, particularly and future threats to the Ozark Designating Critical Habitat with market values continually Hellbender. Section 3 of the Endangered increasing. Existing regulations targeting Species Act defines an endangered The unauthorized collection of Ozark this significant threat, including State species as ‘‘* * * any species which is Hellbenders for the pet trade is a factor laws, have not been completely in danger of extinction throughout all or contributing to hellbender declines successful in preventing the a significant portion of its range’’ and a (Nickerson and Briggler 2007, p. 214) unauthorized collection and trade of threatened species as ‘‘* * * any and remains a significant threat today, Ozark Hellbenders. species which is likely to become an particularly with increasing international market values. For a The combined impact of degraded endangered species within the detailed discussion on the threat of environmental conditions, along with foreseeable future throughout all or a commercial collection, see factor B the possible increased susceptibility to significant portion of its range.’’ Due to (Overutilization for commercial, chytridiomycosis due to these threats, multiple threats to the Ozark Hellbender recreational, scientific, or educational has created a situation in which the and the ongoing population decline, this purposes). Ozark Hellbender is currently in danger subspecies is increasingly threatened of extinction throughout all of its range. The process of designating critical with extinction. Based on the immediate Researchers and managers agree that, habitat would increase human threats to and ongoing significant threats to the while a solution will hopefully be the Ozark Hellbender by increasing the subspecies throughout its entire range, reached to directly address the presence vulnerability of this species to of the chytrid fungus within Ozark we find the subspecies to be in danger unauthorized collection and trade Hellbender populations, all other factors of extinction throughout all of its range. through public disclosure of its significantly affecting the hellbender Therefore, the Ozark Hellbender meets locations. Designation of critical habitat must be ameliorated to prevent the the definition of an endangered species requires the publication of maps, and a imminent extinction of this subspecies. under the Act, rather than a threatened very specific narrative description of Based on an August 2006 PHVA species because the threats are occurring critical habitat areas in the Federal model, hellbender experts concluded now, making the subspecies in danger of Register. The degree of detail in those that the Ozark Hellbender extinction at the present time. Because maps and boundary descriptions is far metapopulations are expected to decline threats extend throughout the entire greater than the general location by more than 50 percent in 12 to 16 range, it is unnecessary to determine if descriptions provided in this final rule years, the viability of all individual the Ozark Hellbender is in danger of to list the species as endangered. populations will be significantly extinction throughout a significant Furthermore, a critical habitat reduced within 20 to 25 years with portion of its range. Therefore, on the designation normally results in the estimates of fewer than 100 individuals, basis of the best scientific and news media publishing articles in local and a reduction in genetic diversity by commercial information available, we newspapers and special interest Web as much as 90 percent will occur. These are listing the Ozark Hellbender as an sites, usually with maps outlining projections may be optimistic because endangered species throughout its entire critical habitat. We believe that the they are based on best-case density range. publication of maps and descriptions

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outlining the locations of this critically Ozark Hellbenders, and those reports agency action not jeopardize the imperiled taxon will further facilitate only disclose locations for a small continued existence of listed species, unauthorized collection and trade, as portion of the total number of Federal agencies have the responsibility collectors will know the exact locations hellbender sites. not to implement actions that would where Ozark Hellbenders occur. Due to the threat of unauthorized destroy or adversely modify designated Supporting our concern is an instance of collection and trade, the Missouri critical habitat. Critical habitat illegal collection of a federally listed Department of Conservation and the designation alone, however, does not North Carolina mountain plant Arkansas Game and Fish Commission require that a Federal action agency immediately following the publication have implemented extraordinary implement specific steps toward species of critical habitat maps (USFWS 2001; measures to control and restrict recovery. pp. 51448–51449). With critical habitat information on the locations of Ozark The species occurs exclusively on maps in hand, collectors visited local Hellbenders. These agencies have private lands in Arkansas. In Missouri, Forest Service district offices and asked expressed to the Service serious Ozark Hellbenders occur primarily on directions to the sites. Because the plant concerns with publishing maps and lands managed by the National Park was not previously known to be desired boundary descriptions of Ozark Service (Ozark National Scenic by rare plant collectors and had never Hellbender areas associated with critical Riverways) and U.S. Forest Service been offered for sale in commercial habitat designation (Briggler and Irwin (Mark Twain National Forest). We trade, there was no likely cause for 2008, pers. comm.; Ziehmer 2010, pers. anticipate that some actions on non- concern. However, following the visit by comm.). State hellbender experts believe Federal lands will have a Federal nexus collectors, several plants were that designating critical habitat could (for example, requirement for a permit discovered missing. The actual removal negate their efforts to restrict access to to discharge dredge and fill material of the plants could be documented locality data that could significantly from the U.S. Army Corps of Engineers) because each individual plant had affect future efforts to control the threat for an action that may adversely affect previously been mapped, and the of unauthorized collection and trade of the hellbender. There is also the carefully covered excavations where Ozark Hellbenders. potential that some proposed actions by the National Park Service and U.S. plants had been removed could be Benefits to the Species From Critical Forest Service may adversely affect the discerned. Habitat Designation Given that the current population hellbender. However, both of these estimate for Ozark Hellbenders is very Section 7(a)(2) of the Act requires Federal agencies are implementing small, the removal of even a few Federal agencies, including the Service, measures to ensure the conservation and individuals from a particular habitat to ensure that actions they fund, recovery of the hellbender on lands they patch could cause local extirpations in authorize, or carry out are not likely to manage, including active involvement those patches. If individual patches are destroy or adversely modify critical in the Ozark Hellbender Working lost, populations within each river habitat. Decisions by the 5th and 9th Group. become more fragmented, and the Circuit Court of Appeals have In those circumstances where it has likelihood of gene flow is reduced. invalidated our definition of been determined that a Federal action Ozark Hellbenders are easily collected ‘‘destruction or adverse modification’’ (including actions involving non- because they are slow moving and have (50 CFR 402.02) (see Gifford Pinchot Federal lands) may affect the extremely small home ranges. Therefore, Task Force v. U.S. Fish and Wildlife hellbender, the action would be publishing specific location information Service, 378 F. 3d 1059 (9th Cir. 2004) reviewed under section 7(a)(2) of the would provide a high level of assurance and Sierra Club v. U.S. Fish and Act. We anticipate that the following that any person going to a specific Wildlife Service et al., 245 F.3d 434, Federal actions are some of the actions location would be able to successfully 442F (5th Cir. 2001)), and we do not rely that could adversely impact the Ozark locate and collect specimens. In on this regulatory definition when Hellbender: Instream dredging, addition, the majority of past collecting analyzing whether an action is likely to channelizing, impounding water, events have involved individuals destroy or adversely modify critical streambank clearing, moving large rocks travelling from other States to collect habitat. Under the statutory provisions within or from streams, discharging fill Ozark Hellbenders. Publication of of the Act, we determine destruction or material into the stream, or discharging critical habitat maps would allow these adverse modification on the basis of or dumping toxic chemicals or other individuals to more efficiently and whether, with implementation of the pollutants into a hellbender stream effectively target collecting sites by proposed Federal action, the affected system. Under section 7(a)(2) of the Act, delineating all the occupied areas critical habitat would remain functional project impacts would be analyzed, and within the Ozark Hellbender range. It is (or retain those physical and biological the Service would determine if the commonly known that hellbenders are features that relate to the ability of the Federal action would jeopardize the found by surveying specific habitats and area to periodically support the species) continued existence of the hellbender. over-turning rocks of certain to serve its intended conservation role The designation of critical habitat dimensions. In designating critical for the species. would require a Federal agency to habitat, those specific habitat features Critical habitat only provides determine if their proposed action would be described in detail, and maps protections where there is a Federal would likely result in the destruction or would disclose the specific sections of nexus, that is, those actions that come adverse modification of critical habitat. streams where collectors could look to under the purview of section 7 of the Consultation with respect to critical capture hellbenders. Furthermore, the Act. Critical habitat designation has no habitat will provide additional detailed information in a critical habitat application to actions that do not have protection to a species only if the designation would provide collectors a Federal nexus. Section 7(a)(2) of the agency action would result in the with more information than is currently Act mandates that Federal agencies, in destruction or adverse modification of available to them through previously consultation with the Service, evaluate the critical habitat but would not published reports. Those previously the effects of their proposed action on jeopardize the continued existence of published reports no longer contain any designated critical habitat. Similar the species. In the absence of critical current information on the location of to the Act’s requirement that a Federal habitat, areas that support the Ozark

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Hellbender will continue to be subject Increased Threat to the Species from unauthorized collection and illegal to conservation actions implemented Outweighs the Benefits of Critical trade outweighs any benefit to the under section 7(a)(1) of the Act and to Habitat Designation taxon. A determination not to designate the regulatory protections afforded by Upon reviewing the available critical habitat also supports the the section 7(a)(2) jeopardy standard, as information, we have determined that measures taken by the States to control appropriate. Federal actions affecting the designation of critical habitat would and restrict information on Ozark the hellbender even in the absence of increase the threat to Ozark Hellbenders Hellbender and no longer to make designated critical habitat areas will still from unauthorized collection and trade. locality data and survey information readily available to the public. We have, benefit from consultation pursuant to We believe that the risk of increasing therefore, determined that it is not section 7(a)(2) of the Act and may still this significant threat by publishing prudent to designate critical habitat for result in jeopardy findings. location information in a critical habitat the Ozark Hellbender, because the designation outweighs the benefits of Another potential benefit to the Ozark species is threatened by taking or other designating critical habitat. Hellbender from designating critical human activity, and identification of A limited number of U.S. species habitat is that such a designation serves critical habitat can be expected to listed under the Act have commercial to provide technical assistance and increase the degree of threat to the value in trade. The Ozark Hellbender information to landowners, State and species. would be one of them. Due to the local governments, and the public market demand and willingness of Available Conservation Measures regarding the potential conservation individuals to collect hellbenders Conservation measures provided to value of an area. Generally, providing without authorization, we believe that this information helps focus and species listed as endangered or any action that publicly discloses the threatened under the Act include promote conservation efforts by other location of hellbenders (such as critical recognition of the species and its status parties by clearly delineating areas of habitat) puts the species in further peril. by the public, landowners, and other high conservation value for the affected Because Ozark Hellbenders are in agencies; recovery actions; requirements species. Simply publicizing the danger of extinction, a focused and for Federal protection; and prohibitions proposed listing of the species also comprehensive approach to reducing against certain practices. Recognition serves to notify and provide technical threats is required. Several measures are through listing results in public assistance and information to currently being implemented to address awareness of the conservation status of landowners, State and local the threat of unauthorized collection the species and encourages conservation governments, and the public regarding and trade of hellbenders, and additional actions by Federal and State important conservation values. measures will be implemented once this governments, private agencies and However, the Ozark Hellbender listing determination is in effect. One of groups, and individuals. The Act Working Group has developed a the basic measures to protect provides for possible land acquisition comprehensive outreach and education hellbenders from unauthorized and cooperation with the States and program that targets a diverse audience, collection and trade is restricting access calls for recovery actions to be carried including public and private to information pertaining to the location out. The protection required of Federal landowners, organizations, and the of Ozark Hellbenders. Publishing maps agencies and the prohibitions against media (OHWG 2010, pp. 11–12). and narrative descriptions of Ozark taking and harm are discussed, in part, Hellbender critical habitat would below. The Ozark Hellbender Working significantly affect our ability to reduce Section 7(a) of the Act, as amended, Group, formed in 2001, is composed of the threat of unauthorized collection requires Federal agencies to evaluate personnel from Federal and State and trade. their actions with respect to any species agencies, academia, zoos, nonprofit Therefore, based on our determination that is listed as endangered or organizations, and private individuals. that critical habitat designation would threatened and with respect to its The Ozark Hellbender outreach actions facilitate an increased threat of illegal critical habitat, if any is designated. implemented to date include producing take and collection of the Ozark Regulations implementing this and distributing stickers, posters, and Hellbender, we find that the potential interagency cooperation provision of the videos; publishing magazine articles; negative impacts associated with the Act are codified at 50 CFR part 402. If working with media outlets (newspaper designation of critical habitat outweigh a species is listed subsequently, section and television) on hellbender stories; any benefit of designation. 7(a)(2) requires Federal agencies, including the Service, to ensure that giving presentations to local County Summary of Prudency Determination Commissioners and other community activities they authorize, fund, or carry groups; providing a profile of the Ozark We have determined that the out are not likely to jeopardize the Hellbender in the Missouri Department designation of critical habitat could continued existence of the species or to of Conservation’s Fishing Regulations facilitate unauthorized collection and destroy or adversely modify its critical subsequent illegal trade of the Ozark Pamphlet; and providing annual habitat if any has been designated. If a Hellbender. The Ozark Hellbender is technical assistance to volunteers like Federal action may affect a listed valued in the pet trade, and that value species or its critical habitat, the the Missouri Department of is likely to increase as the species responsible Federal agency must enter Conservation’s Stream Teams working becomes rarer. Although critical habitat into formal consultation with us. in hellbender streams. In view of the designation may provide some benefits Federal agency actions that may extensive, ongoing efforts to outreach to the conservation of the Ozark require conference or consultation for and promote Ozark Hellbender Hellbender by highlighting areas the Ozark Hellbender as described in conservation, we believe that the important for conservation, such the preceding paragraph include, but are designation of critical habitat would benefits would be minimal. We have not limited to: stream alterations, provide limited additional outreach concluded that, even though some development of new waste water value. benefit from designation may exist, the facilities that may impact water quality, increased threat to the Ozark Hellbender stream bank clearing, timber harvesting,

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construction of recreational trails and possess, sell, deliver, carry, transport, or shipping any Ozark Hellbender in facilities adjacent to streams, water ship any such wildlife that has been interstate or foreign commerce and in withdrawal projects, pesticide taken illegally. Further, it is illegal for the course of a commercial activity; registration and usage, agricultural any person to attempt to commit, to (3) Unauthorized destruction or assistance programs, mining, road and solicit another person to commit, or to alteration of the species habitat (for bridge construction, Federal loan cause to be committed, any of these acts. example, instream dredging, programs, and any federally funded Certain exceptions apply to our agents channelizing, impounding of water, activities. Activities will trigger and State conservation agencies. streambank clearing, removing large consultation under section 7 of the Act We may issue permits to carry out rocks from or disturbing large rocks if they may affect the Ozark Hellbender otherwise prohibited activities within streams, or discharging fill as addressed in this rule. Under Section involving threatened and endangered material) that actually kills or injures 7(a)(1) and during formal consultation wildlife under certain circumstances. individual Ozark Hellbenders by procedures under Section 7(a)(2), the We codified the regulations governing significantly impairing their essential Service, in cooperation with Federal permits for endangered and threatened behavioral patterns, including breeding, agencies, may outline conservation species at 50 CFR 17.22 and 17.32. Such feeding, or sheltering; permits are available for scientific measures that can provide benefits to (4) Violation of any discharge or water purposes, to enhance the propagation or the Ozark Hellbender. withdrawal permit within the species’ The listing of the Ozark Hellbender survival of the species, and for occupied range that results in the death initiates the development and incidental take in the course of or injury of individual Ozark implementation of a rangewide recovery otherwise lawful activities. Hellbenders by significantly impairing plan for this species. A recovery plan It is our policy, published in the establishes a framework for interested Federal Register on July 1, 1994 (59 FR their essential behavioral patterns, parties to coordinate activities and to 34272), to identify, to the maximum including breeding, feeding, or cooperate with each other in extent practicable at the time a species sheltering; and conservation efforts. The plan will set is listed, those activities that would or (5) Discharge or dumping of toxic recovery priorities, outline future would not constitute a violation of chemicals or other pollutants into research needs, identify possible section 9 of the Act and associated waters supporting the species that partners, and estimate the costs of the regulations at 50 CFR 17.31. The intent actually kills or injures individual tasks necessary to accomplish the of this policy is to increase public Ozark Hellbenders by significantly priorities. It will also describe site- awareness of the effect of this listing on impairing their essential behavioral specific management actions necessary proposed and ongoing activities within patterns, including breeding, feeding, or to conserve the Ozark Hellbender. a species’ range. We believe that the sheltering. Additionally, under section 6 of the Act, following activities are unlikely to result We will review other activities not we will be able to grant funds to the in a violation of section 9 of the Act: identified above on a case-by-case basis States of Missouri and Arkansas for (1) Activities authorized, funded, or to determine whether they may be likely management actions, research studies, carried out by Federal agencies, when to result in a violation of section 9 of the or propagation needs that may be such activities are conducted in Act. We do not consider these lists to be necessary for the conservation of the accordance with an incidental take exhaustive and provide them as Ozark Hellbender. During State statement issued by us under section 7 information to the public. environmental review processes in of the Act; You should direct questions regarding Missouri and Arkansas, BMPs can be (2) Any action carried out for whether specific activities may provided to reduce any potential scientific research or to enhance the constitute a future violation of section 9 impacts to Ozark Hellbenders and Ozark propagation or survival of Ozark of the Act to the Field Supervisor of the Hellbender habitat. Finalizing the rule Hellbenders that is conducted in Service’s Columbia Field office (see to add Ozark and Eastern Hellbenders to accordance with the conditions of a 50 ADDRESSES). You may request copies of Appendix III of CITES will contribute to CFR 17.22 permit; the regulations regarding listed wildlife the conservation of Ozark Hellbender by (3) Any incidental take of Ozark from and address questions about discouraging the unauthorized Hellbenders resulting from an otherwise prohibitions and permits to the U.S. collection and illegal trade of lawful activity conducted in accordance Fish and Wildlife Service, Ecological hellbenders. with the conditions of an incidental take Services, 5600 American Blvd. West, The Act and its implementing permit issued under 50 CFR 17.22. Non- Suite 990, Bloomington, MN 55437; regulations found at 50 CFR 17.21 and Federal applicants may design a habitat Phone 612–713–5350; Fax 612–713– 17.31 set forth a series of general conservation plan (HCP) for the species 5292. prohibitions and exceptions that apply and apply for an incidental take permit. to all endangered and threatened HCPs may be developed for listed Required Determinations wildlife. As such, these prohibitions species and are designed to minimize Paperwork Reduction Act of 1995 (44 will be applicable to the Ozark and mitigate impacts to the species to U.S.C. 3501 et seq.) Hellbender. The prohibitions, in part, the maximum extent practicable. make it illegal for any person subject to We believe the following activities This rule does not contain any new the jurisdiction of the United States to will likely be considered a violation of collections of information that require take (includes harass, harm, pursue, section 9; however, possible violations approval by the Office of Management hunt, shoot, wound, kill, trap, capture, are not limited to these actions alone: and Budget (OMB) under the Paperwork or collect; or to attempt any of these), (1) Unauthorized pursuing, or Reduction Act. This rule will not import or export, deliver, receive, carry attempting to pursue, killing, collecting, impose recordkeeping or reporting transport, or ship in interstate or foreign handling, or harassing of individual requirements on State or local commerce in the course of commercial Ozark Hellbenders at any life stage; governments, individuals, businesses, or activity, or sell or offer for sale in (2) Sale or offer for sale of any Ozark organizations. An agency may not interstate or foreign commerce any Hellbender as well as delivering, conduct or sponsor, and a person is not listed species. It also is illegal to receiving, carrying, transporting, or required to respond to, a collection of

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information unless it displays a at http://www.regulations.gov or upon PART 17—[AMENDED] currently valid OMB control number. request from the Field Supervisor, Columbia, Missouri Ecological Services ■ National Environmental Policy Act 1. The authority citation for part 17 Field Office (see ADDRESSES). (NEPA) continues to read as follows: We have determined that Authors Authority: 16 U.S.C. 1361–1407; 16 U.S.C. environmental assessments and The primary author of this final rule 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– environmental impact statements, as is staff of the Columbia (Missouri) 625, 100 Stat. 3500; unless otherwise noted. defined under the authority of the Ecological Services Field Office (see FOR ■ National Environmental Policy Act of FURTHER INFORMATION CONTACT). 2. Amend § 17.11(h) by adding an 1969 (42 U.S.C. 4321 et seq.), need not entry for ‘‘Hellbender, Ozark’’ in be prepared in connection with List of Subjects in 50 CFR Part 17 alphabetical order under AMPHIBIANS regulations adopted under section 4(a) Endangered and threatened species, to the List of Endangered and of the Act. We published a notice Exports, Imports, Reporting and Threatened Wildlife as follows: outlining our reasons for this recordkeeping requirements, determination in the Federal Register Transportation. § 17.11 Endangered and threatened on October 25, 1983 (48 FR 49244). wildlife. Regulation Promulgation * * * * * References Cited Accordingly, we amend part 17, (h) * * * A complete list of all references cited subchapter B of chapter I, title 50 of the in this rule is available on the Internet Code of Federal Regulations, as follows:

Species Vertebrate population Historic where en- Status When Critical Special Common name Scientific name range dangered or listed habitat rules threatened

******* AMPHIBIANS

******* Hellbender, Ozark ...... Cryptobranchus alleganiensis bishopi AR, MO .. Entire ...... E 795 NA NA

*******

Dated: September 26, 2011. salamander, including its two 800–358–2104; facsimile: 703–358– Rowan W. Gould, subspecies, the eastern hellbender 2281; e-mail: Acting Director, U.S. Fish and Wildlife (Cryptobranchus alleganiensis [email protected]; Web Service. alleganiensis) and the Ozark hellbender site: http://www.fws.gov/international/ [FR Doc. 2011–25690 Filed 10–5–11; 8:45 am] (Cryptobranchus alleganiensis bishopi), index.html. BILLING CODE 4310–55–P in Appendix III of the Convention on FOR FURTHER INFORMATION CONTACT: International Trade in Endangered Robert R. Gabel, Chief, Division of Species of Wild Fauna and Flora (CITES Management Authority, U.S. Fish and DEPARTMENT OF THE INTERIOR or Convention). This listing includes Wildlife Service, 4401 N. Fairfax Drive, live and dead whole specimens, and all Room 212, Arlington, VA 22203; Fish and Wildlife Service readily recognizable parts, products, telephone 703–358–2104; facsimile and derivatives of this species and its 703–358–2280. If you use a 50 CFR Part 23 subspecies. Listing hellbenders in telecommunications device for the deaf [Docket No. FWS–R9–IA–2009–0033; 96300– Appendix III of CITES is necessary to (TDD), call the Federal Information 1671–0000–R4] allow us to adequately monitor Relay Service (FIRS) at 800–877–8339. international trade in the taxon; to SUPPLEMENTARY INFORMATION: RIN 1018–AW93 determine whether exports are occurring legally, with respect to State Background Inclusion of the Hellbender, Including law; and to determine whether further On September 8, 2010, we published the Eastern Hellbender and the Ozark measures under CITES or other laws are Hellbender, in Appendix III of the in the Federal Register (75 FR 54579) a required to conserve this species and its document proposing the listing of the Convention on International Trade in subspecies. Endangered Species of Wild Fauna hellbender (Cryptobranchus DATES: This listing will become effective and Flora (CITES) alleganiensis), including its two April 3, 2012. subspecies, the eastern hellbender AGENCY: Fish and Wildlife Service, ADDRESSES: You may obtain information (Cryptobranchus alleganiensis Interior. about permits for international trade in alleganiensis) and the Ozark hellbender ACTION: Final rule. this species and its subspecies by (Cryptobranchus alleganiensis bishopi), contacting the U.S. Fish and Wildlife in Appendix III of CITES. We accepted SUMMARY: We, the U.S. Fish and Service, Division of Management public comments on that proposal for 60 Wildlife Service (Service), are listing the Authority, Branch of Permits, 4401 N. days, ending November 8, 2010. We hellbender (Cryptobranchus Fairfax Drive, Room 212, Arlington, VA have reviewed and considered all public alleganiensis), a large aquatic 22203; telephone: 703–358–2104 or comments we received on the proposed

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