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<PRORULE> <PREAMB> DEPARTMENT of the INTERIOR This document is scheduled to be published in the Federal Register on 04/07/2015 and available online at http://federalregister.gov/a/2015-07625, and on FDsys.gov <PRORULE> <PREAMB> DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R5–ES–2015–0015; 4500030113] RIN 1018–BA85 Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Big Sandy Crayfish and the Guyandotte River Crayfish AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; 12-month finding and status review. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the Big Sandy crayfish (known at the time of the petition as Cambarus veteranus, but now known as two distinct species: Guyandotte River crayfish, C. veteranus, and Big Sandy crayfish, C. callainus) as endangered or threatened under the Endangered Species Act, as amended (Act), and to designate critical habitat. After review of the best available scientific and commercial information, we find that listing the Big Sandy crayfish and the Guyandotte River crayfish is warranted. Accordingly, we propose to list both the Big Sandy crayfish (C. callainus), a freshwater crustacean from Kentucky, Virginia, and West Virginia, and the Guyandotte River crayfish (C. veteranus), a freshwater crustacean from West Virginia, as endangered species under the Act. If we finalize this rule as proposed, it would extend the Act’s protections to both species and would add both species to the Federal List of Endangered and Threatened Wildlife. The Service seeks data and comments from the public on this proposed listing rule. DATES: We will accept comments received or postmarked on or before [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date. We must receive requests for public hearings, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by [INSERT DATE 45 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. 2 ADDRESSES: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS–R5–ES–2015–0015, which is the docket number for this rulemaking. Then, in the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rules link to locate this document. You may submit a comment by clicking on “Comment Now!” (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS–R5–ES–2015–0015; U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803. We request that you send comments only by the methods described above. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see Public Comments below for more information). FOR FURTHER INFORMATION CONTACT: Martin Miller, Chief, Endangered Species, U.S. Fish and Wildlife Service, Northeast Regional Office, 300 Westgate Center Drive, Hadley, MA 01035; telephone 413–253–8615; facsimile 413–253–8482. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: 3 Executive Summary Why we need to publish a rule. Under the Act, if we find that a species may be an endangered or threatened species throughout all or a significant portion of its range, we are required to promptly publish a proposed rule to list the species in the Federal Register and make a final determination on our proposal within 1 year. Critical habitat shall be designated, to the maximum extent prudent and determinable, for any species determined to be an endangered or threatened species under the Act. Listing a species as an endangered or threatened species and designations and revisions of critical habitat can only be completed by issuing a rule. This document consists of: Our 12-month finding that listing is warranted for the petitioned Big Sandy crayfish. Our status review finding that listing is warranted for the nonpetitioned Guyandotte River crayfish. A proposed rule to list the Big Sandy crayfish (Cambarus callainus) and the Guyandotte River crayfish (C. veteranus) as endangered species. The basis for our action. Under the Act, we may determine that a species is an endangered or threatened species based on any of five factors: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) 4 disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence. We have determined that the Big Sandy crayfish and Guyandotte River crayfish are in danger of extinction primarily due to the threats of land-disturbing activities that increase erosion and sedimentation, which degrades the stream habitat required by both species (Factor A), and the effects of small population size (Factor E). We will seek peer review. We will seek comments from independent specialists to ensure that our listing determination is based on scientifically sound data, assumptions, and analyses. We will invite these peer reviewers to comment on our listing proposal. Because we will consider all comments and information we receive during the comment period, our final determinations may differ from this proposal. Information Requested Public Comments We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from other concerned governmental agencies, Native American tribes, the scientific community, industry, or any other interested parties concerning this proposed rule. We particularly seek comments concerning: 5 (1) The Big Sandy and Guyandotte River crayfishes’ biology, ranges, and population trends, including: (a) Biological or ecological requirements of these species, including habitat requirements for feeding, breeding, and sheltering. (b) Genetics and taxonomy. (c) Historical and current ranges, including distribution and abundance patterns, and quantitative evidence of the species’ occurrence, especially in lower elevation sites within the known watersheds. (d) Historical and current population levels and current and projected population trends. (e) Past and ongoing conservation measures for these species, their habitats, or both. (2) Factors that may affect the continued existence of these species, which may include habitat modification or destruction, overutilization, disease, predation, the inadequacy of existing regulatory mechanisms, or other natural or manmade factors. Particularly: (a) Information regarding current conditions and future trends of managing residential and commercial wastewater and how those conditions and trends may affect the Big Sandy and Guyandotte River crayfishes. 6 (b) Information on total number of stream miles monitored within the Big Sandy and Upper Guyandotte watershed for compliance with Clean Water Act of 1977 (CWA; 33 U.S.C. 1251 et seq.). (c) Quantitative water quality parameters (e.g., conductivity) at historical and current Big Sandy and Guyandotte River crayfish occurrence and sampling sites. (d) Trends in Big Sandy and Guyandotte River crayfish population estimates or abundance as it relates to water quality parameters. (3) Biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to these species and existing regulations that may be addressing those threats. (4) Additional information concerning the historical and current status, range, distribution and abundance, and population size of each of these species, including the locations and habitat conditions of any additional populations. (5) Information concerning dispersal mechanisms and distances for these species. (6) Locations of likely suitable habitat where previously unknown populations of either species may occur. 7 (7) Information related to climate change within the ranges of the Big Sandy and Guyandotte River crayfish and how it may affect the species’ habitat. (8) The reasons why areas should or should not be designated as critical habitat as provided by section 4 of the Act (16 U.S.C. 1531 et seq.), including the possible risks associated with publication of maps designating any area on which these species may be located, now or in the future, as critical habitat. (9) The following specific information on: (a) The amount and distribution of habitat for the Big Sandy and Guyandotte River crayfishes. (b) What areas, that are currently occupied and that contain the physical and biological features essential to the conservation of these species, should be included in a critical habitat designation and why. (c) Special management considerations or protection that may be needed for the essential features in potential critical habitat area, including managing for the potential effects of climate change. (d) What areas not occupied at the time of listing are essential for the conservation of these species and why. Please include sufficient information with your submission (such as scientific journal articles or other publications)
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