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(d) Performance standard for seat deterioration exceptions to all ADDRESSES: Comments and materials automated inspection measurement persons designated as fully qualified received, as well as supporting system. The automated inspection under § 213.7 and whose territories are documentation used in the preparation measurement system must be capable of subject to the requirements of § 213.234. of this final rule, are available for public measuring and processing rail seat At a minimum, the training shall inspection, by appointment, during deterioration requirements that specify address the following: normal business hours at the Panama the following: (1) Interpretation and handling of the City Field Office, U.S. Fish and Wildlife (1) An accuracy, to within 1⁄8 of an exception reports generated by the Service, 1601 Balboa Avenue, Panama inch; automated inspection measurement City, FL 32405. (2) A distance-based sampling system; You may obtain copies of this final interval, which shall not exceed five (2) Locating and verifying exceptions rule from the address above, by calling feet; and in the field and required remedial 850/769–0552, or at the Federal (3) Calibration procedures and action; and eRulemaking Portal: http:// parameters assigned to the system, (3) Recordkeeping requirements. www.regulations.gov. which assure that measured and Issued in Washington, DC, on March 24, FOR FURTHER INFORMATION CONTACT: Don recorded values accurately represent rail 2011. Imm, Field Supervisor, at the Panama seat deterioration. City Field Office (see ADDRESSES) (e) Exception reports to be produced Joseph C. Szabo, (telephone 850/769–0552; facsimile by system; duty to field-verify Administrator. 850/763–2177). Individuals who are exceptions. The automated inspection [FR Doc. 2011–7666 Filed 3–31–11; 8:45 am] hearing-impaired or speech-impaired measurement system shall produce an BILLING CODE 4910–06–P may call the Federal Information Relay exception report containing a systematic Service at 800/877–8339 for TTY listing of all exceptions to assistance 24 hours a day, 7 days a § 213.109(d)(4), identified so that an DEPARTMENT OF THE INTERIOR week. appropriate person(s) designated as fully qualified under § 213.7 can field- Fish and Wildlife Service SUPPLEMENTARY INFORMATION: verify each exception. Previous Federal Actions (1) Each exception must be located 50 CFR Part 17 and field-verified no later than 48 hours We proposed listing the Okaloosa [Docket No. FWS–R4–ES–2008–0071; darter as endangered on January 15, after the automated inspection. 92220–1113–0000–C6] (2) All field-verified exceptions are 1973 (38 FR 1521) and listed the species subject to all the requirements of this RIN 1018—AW95 as endangered under the Act (16 U.S.C. part. 1531 et seq.) on June 4, 1973 (38 FR (f) Recordkeeping requirements. The Endangered and Threatened Wildlife 14678) due to its extremely limited track owner shall maintain and make and Plants; Reclassification of the range, habitat degradation, and apparent available to FRA a record of the Okaloosa Darter From Endangered to competition from a possibly introduced inspection data and the exception Threatened and Special Rule related species, the brown darter. We record for the track inspected in completed a recovery plan for the AGENCY: Fish and Wildlife Service, accordance with this paragraph for a species on October 23, 1981, and a Interior. minimum of two years. The exception revised recovery plan on October 26, reports must include the following: ACTION: Final rule. 1998. (1) Date and location of limits of the On June 21, 2005, we provided notice SUMMARY: We, the U.S. Fish and inspection; in the Federal Register that we were Wildlife Service (Service), are (2) Type and location of each initiating a 5-year status review under reclassifying the Okaloosa darter exception; the Act for the Okaloosa darter (70 FR (3) Results of field verification; and (Etheostoma okaloosae) from 35689).The 5-year status review was (4) Remedial action if required. endangered to threatened under the completed in July 2007, and is available (g) Procedures for integrity of data. authority of the Endangered Species Act on our Web site at http://www.fws.gov/ The track owner shall institute the of 1973, as amended (Act). The southeast/5yearReviews/5yearreviews/ necessary procedures for maintaining endangered designation no longer okaloosa_darterfinal.pdf. the integrity of the data collected by the correctly reflects the current status of On February 2, 2010, we published a measurement system. At a minimum, this fish due to a substantial proposed rule to reclassify the Okaloosa the track owner shall do the following: improvement in the species’ status. This darter from endangered to threatened (1) Maintain and make available to action is based on a thorough review of and a proposed special rule under FRA documented calibration procedures the best available scientific and section 4(d) of the Act (75 FR 5263). We of the measurement system that, at a commercial data, which indicate a requested that all interested parties minimum, specify an instrument substantial reduction in threats to the submit comments and information verification procedure that ensures species, a significant habitat restoration concerning the proposed reclassification correlation between measurements in most of the species’ range, and a of the Okaloosa darter. We provided made on the ground and those recorded stable or increasing trend of darters in notification of the publication of the by the instrumentation; and all darter stream systems. We also proposed rule through e-mail, facsimile, (2) Maintain each instrument used for establish a special rule under section telephone calls, letters, and news determining compliance with this 4(d) of the Act. This special rule allows releases sent to the appropriate Federal, section such that it accurately measures Eglin Air Force Base to continue State, and local agencies; county the depth of rail seat deterioration in activities with a reduced regulatory governments; elected officials; media accordance with paragraph (d)(1) of this burden and will provide a net benefit to outlets; local jurisdictions; scientific section. the Okaloosa darter. organizations; interest groups; and other (h) Training. The track owner shall DATES: This final rule is effective May 2, interested parties. We also posted the provide annual training in handling rail 2011. proposed rule on the Service’s Panama

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City Field Office Internet Web site (pondweed), Eleocharis sp. (spikerush), the species be removed from the list; following the rule’s publication. We and other aquatic and emergent plants. and accepted public comments on the Okaloosa darters typically inhabit the (3) Estimates of the time required and proposed rule for 60 days, ending April margins of moderate- to fast-flowing cost to carry out the plan. 5, 2010. streams where detritus, root mats, and However, revisions to the list (adding, removing, or reclassifying a species) Background vegetation are present. Historic densities averaged about two darters per meter must reflect determinations made in The Okaloosa darter, Etheostoma (3.28 feet) of stream length while more accordance with sections 4(a)(1) and okaloosae, is a member of the family recent abundance estimates show an 4(b) of the Act. Section 4(a)(1) requires Percidae. It is a small, perch-like fish increase to an average of 2.9 darters per that the Secretary determine whether a (maximum size is 49 millimeters (mm) meter (Jordan and Jelks 2004, p. 3; species is endangered or threatened (or (1.93 inches (in.)) Standard Length) that USAF 2006, p. 3–1). They are only not) because of one or more of five is characterized by a well-developed rarely collected in areas where there is threat factors. Therefore, recovery humeral spot, a series of five to eight no current or in open sandy areas in the criteria must indicate when a species is rows of small spots along the sides of middle of the stream channel. The no longer endangered or threatened by the body, and the first anal spine being creeks with Okaloosa darters are any of the five factors. In other words, longer than the second. General body generally shaded over most of their objective, measurable criteria, or coloration varies from red-brown to courses, with temperatures ranging from recovery criteria contained in recovery green-yellow dorsally, and lighter 7 to 22 degrees Celsius (°C) (44 to 72 plans, must indicate when we would ventrally, although breeding males have degrees Fahrenheit (°F)) in the winter anticipate an analysis of the five threat a bright orange submarginal stripe on (Tate 2008, pers. comm.; Jelks 2010, factors under 4(a)(1) would result in a the first dorsal fin (Burkhead et al. 1992, pers. comm.) to 22 to 29 °C (72 to 84 °F) determination that a species is no longer p. 23). in the summer (Mettee and Crittenden endangered or threatened. Section 4(b) The endemic Okaloosa darter is 1977, p. 5; Jelks 2010, pers. comm). of the Act requires the determination known to occur in only six clear stream made be ‘‘solely on the basis of the best Okaloosa darters feed primarily on fly systems that drain into two scientific and commercial data larvae (Diptera sp.), mayfly nymphs Choctawhatchee Bay bayous in Walton available.’’ and Okaloosa Counties in northwest (Ephemeroptera sp.), and caddis fly Thus, while recovery plans are Florida. Okaloosa darters are currently (Trichoptera sp.) larvae (Ogilvie 1980, intended to provide guidance to the found in the tributaries and the main as referenced in Burkhead et al. 1992, p. Service, States, and other partners on channels of the following six streams: 26). The breeding season extends from methods of minimizing threats to listed Toms, Turkey, Mill, Swift, East Turkey, late March through October, although it species and on criteria that may be used and Rocky Creeks. Approximately 90 usually peaks in April. Spawning pairs to determine when recovery is achieved, percent of the 457 square kilometer (176 have been videographed attaching one they are not regulatory documents and square mile) watershed drainage area or two eggs to vegetation, and observed cannot substitute for the determinations that historically supported the Okaloosa attaching eggs to woody debris and root and promulgation of regulations darter is under the management of Eglin mats (Collete and Yerger 1962, p. 226; required under section 4(a)(1) of the Air Force Base (AFB), and we estimate Burkhead et al. 1994, p. 81). Ogilvie Act. Determinations to remove a species that 98.7 percent of the stream length in (1980, as referenced in Burkhead et al. from the list made under section 4(a)(1) the darter’s current range is within the 1992, p. 26) found a mean of 76 ova of the Act must be based on the best boundaries of Eglin AFB. Eglin AFB (unfertilized eggs) and 29 mature ova in scientific and commercial data available encompasses the headwaters of all six of 201 female Okaloosa darters, although at the time of the determination, these drainages, and the remainder of these numbers may under-represent regardless of whether that information the these streams flow out of Eglin AFB annual fecundity as the prolonged differs from the recovery plan. into the urban complex of the Cities of spawning season is an indication of In the course of implementing Niceville and Valparaiso (USAF 2006, p. fractional spawning (eggs develop and conservation actions for a species, new 3–1). mature throughout the spawning information is often gained that requires Longleaf pine-wiregrass-red oak season). Estimates of longevity range recovery efforts to be modified sandhill communities dominate the from 2 to 5 years (Burkhead et al. 1992, accordingly. There are many paths to vegetation landscape in Okaloosa darter p. 27; Jordan 2010, pers. comm.). accomplishing recovery of a species, watershed basins. These areas are Recovery and recovery may be achieved without characterized by high sand ridges where all criteria being fully met. For example, soil nutrients are low and woodland fire Section 4(f) of the Act directs us to one or more recovery criteria may have is a regular occurrence. Where water develop and implement recovery plans been exceeded while other criteria may seeps from these hills, acid bog for the conservation and survival of not have been accomplished, yet the communities develop of Sphagnum sp. endangered and threatened species Service may judge that, overall, the (sphagnum moss), Sarracenia sp. unless we determine that such a plan threats have been minimized (pitcher plants), and other plants will not promote the conservation of the sufficiently, and the species is robust adapted to low nutrient soils. In other species. The Act directs that, to the enough, that the Service may reclassify areas, the water emerges from seepage maximum extent practicable, we the species from endangered to springs directly into clear flowing incorporate into each plan: threatened or perhaps delist the species. streams where variation of both (1) Site-specific management actions In other cases, recovery opportunities temperature and flow is moderated by that may be necessary to achieve the may have been recognized that were not the deep layers of sand. The streams plan’s goals for conservation and known at the time the recovery plan was support a mixture of Mayaca fluviatilis survival of the species; finalized. These opportunities may be (bog moss), Scirpus etuberculatus (2) Objective, measurable criteria, used instead of methods identified in (bulrush), Orontium aquaticum (golden which when met would result in a the recovery plan. club), Sparganium americanum (burr- determination, in accordance with the Likewise, information on the species weed), Potamogeton diversifolius provisions of section 4 of the Act, that may be learned that was not known at

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the time the recovery plan was threatened has been met, as described landowners adjacent to Eglin AFB to finalized. The new information may below. recover the Okaloosa darter; change the extent that criteria need to be Downlisting Criterion (1): Instream flows (6) Identify and rehabilitate 150 soil met for recognizing recovery of the and historical habitat of stream systems have erosion sites that have the potential to species. Overall, recovery of species is been protected through management plans, impact endangered and threatened a dynamic process requiring adaptive conservation agreements, easements, or species (Gulf sturgeon (Acipenser management, planning, implementing, acquisitions (or a combination of these). oxyrhynchus desotoi) and Okaloosa and evaluating the degree of recovery of The management plans of several darter) habitat by 2011; and (7) Train and use Okaloosa darter a species that may, or may not, fully agencies apply to streams in the range monitoring crews and aquatic follow the guidance provided in a of the Okaloosa darter and are being monitoring crews to survey and report recovery plan. implemented to protect this fish’s water the presence of invasive, nonnative Thus, while the recovery plan quality and quantity and its overall plants and animals during their regular provides important guidance on the habitat. Probably the most influential of monitoring activities and treat invasive, direction and strategy for recovery, and these is Eglin’s integrated natural nonnative plants as necessary. indicates when a rulemaking process resources management plan (INRMP) may be initiated, the determination to Instream flows and historical habitat (USAF 2007; USAF 2009), including the have been protected through Eglin remove a species from the Federal List Threatened and Endangered Species of Endangered and Threatened Wildlife AFB’s removal of fish passage barriers Component Plan (USAF 2006). The (INRMP Objective 2) and rehabilitation is ultimately based on an analysis of INRMP is updated annually and re- whether a species is no longer of soil erosion sites that are impacting confirmed every 5 years in consultation endangered and threatened species endangered or threatened. The with the Service and the Florida Fish following discussion provides a brief (INRMP Objective 6). Further recovery and Wildlife Conservation Commission efforts to benefit stream flows and review of recovery planning for the (FWC) (see Factor D. under the Okaloosa darter as well as an analysis of historic habitat have been planned, Summary of Factors Affecting the including training darter monitoring the recovery criteria and goals as they Species section, below, for further detail relate to evaluating the status of the crews to report invasive species found and description of Department of during regular survey efforts (INRMP species. Defense (DOD) protections, and the The recovery plan for the Okaloosa Objective 7). Available Conservation Measures darter was approved on October 23, In 2005, the Service, Eglin’s Natural section, below, for Act protections). The 1981 (Service 1981, 18 pp.), and revised Resources Branch, The Nature INRMP defines goals and specific on October 26, 1998 (Service 1998, 42 Conservancy (TNC), and the FWC objectives for managing natural pp.). The recovery plan identifies a signed an agreement to cooperate in the resources on the base. The primary goal recovery objective of downlisting, and stewardship of aquatic systems on lands of Okaloosa darter management on Eglin eventually delisting, the Okaloosa darter of the Gulf Coastal Plain Ecosystem AFB is to provide the highest level of by enabling wild populations capable of Partnership (GCPEP) in western Florida. capability and flexibility to the military coping with natural habitat fluctuations GCPEP’s Aquatic Team agreed to testing and training mission while to persist indefinitely in the six stream initially assign priority to strategies and meeting the legal requirements of the systems they inhabit by restoring and projects that contribute to the recovery Act, the Clean Water Act (CWA; 33 protecting stream habitat, water quality, of the Okaloosa darter. We are working U.S.C. 1251 et seq.), and other and water quantity. The Okaloosa darter with GCPEP to use stream restoration applicable laws. Another goal of the may be considered for reclassification techniques and management actions 2009 INRMP is to maintain or restore from endangered to threatened that have been established for Okaloosa hydrologic processes in streams, (downlisted) when: darter watersheds on partner lands. (1) Instream flows and historical floodplains, and wetlands when The Three Rivers Resource habitat of stream systems have been feasible. The specific objectives of Conservation and Development Council protected through management plans, Okaloosa darter management on Eglin (Council) is a nonprofit organization set conservation agreements, easements, or AFB include: up to conserve the natural resources for, acquisitions (or a combination of these); (1) Downlist the Okaloosa darter from and to improve the overall economic (2) Eglin AFB has and is endangered to threatened by the end of condition of, rural and urban citizens. implementing an effective habitat 2010, and delist the darter by the end of The Council is composed of restoration program to control erosion 2015; representatives from the county from roads, clay pits, and open ranges; (2) Annually restore 2 fish passage Commissions and Soil and Water (3) The Okaloosa darter population is barriers from the 20 identified sites in Conservation Districts, and includes stable or increasing and comprised of Okaloosa darter drainages as funding three members at large from Escambia, two plus age-classes in all six stream allows; Santa Rosa, Okaloosa, Walton, Bay, systems for 5 consecutive years; (3) Develop a public information and Washington, and Holmes Counties in (4) The range of the Okaloosa darter awareness program for endangered and Florida. The Council has developed an has not decreased at all historical threatened species on Eglin AFB that Area Plan (2003–2008), which includes: monitoring sites; and have greater potential to be impacted by (1) A natural resources goal of (5) No foreseeable threats exist that public activities, such as Okaloosa encouraging proper management use would impact the survival of the darters; and protection of the natural resource species. (4) Complete a program by 2010 that base; For more information on the recovery would include an Air Armament (2) An objective to assist local military plan for the Okaloosa darter, a copy of Academy (A3) class (combined with bases in conservation planning efforts; the plan is posted on our Web site at Endangered Species Act class), (3) A strategy to continue a non-point http://ecos.fws.gov/docs/recovery_plan/ informational brochures, and portable project to control erosion with Eglin 970407.pdf. display boards; AFB; and Each of the above criteria for (5) Cooperate with the City of (4) A strategy for habitat restoration, downlisting the Okaloosa darter to Niceville, Okaloosa County, and private including four recently completed

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projects that replaced or rehabilitated The opportunities for easements or than in the Rocky Bayou drainages. undersized or improperly placed acquisitions or both to protect the Increases in darter numbers over the culverts as well as eliminated Okaloosa darter are limited, because past 10 years generally track the sedimentation from roadway runoff. over 90 percent of its historic range is cumulative area restored during that The Eglin golf course dominates land on Federal land. The Service is timeframe (Jordan and Jelks 2004, p. 9). use in the Mill Creek Basin. Along with currently working with FWC and a Many road crossing structures have West Long Creek in the Rocky Creek private landowner to secure a been eliminated as part of Eglin AFB’s Basin, these are the same drainages conservation easement for the portion of restoration activities. Of the 152 road where monitoring suggests darter East Turkey Creek between the Eglin crossings that previously existed in numbers have been declining in recent AFB boundary and Choctawhatchee Okaloosa darter drainages, 57 have been years. The Service and Eglin AFB have Bay. This easement would help to eliminated: 28 in Boggy Bayou streams, recently completed a habitat restoration secure nearly all of East Turkey Creek and 29 in Rocky Bayou streams. Most of project in the portion of Mill Creek that inhabited by Okaloosa darters outside these were likely barriers to fish passage runs through the Eglin golf course. Work the boundaries of Eglin AFB. Because or problems for stream channel stability, is ongoing to assess causes of declines Eglin AFB and others have and removing them has improved in East Turkey and West Long Creeks. demonstrated a commitment to recovery habitat and reduced population The Choctawhatchee Basin Alliance of the Okaloosa darter through natural fragmentation. We have determined that (a citizen’s group), along with resources management planning and 21 of the remaining road crossings are supporting State and Federal agencies, coordination with the Service, we barriers to fish passage. Many of these is implementing a program called consider this downlisting criterion to be are culverts with the downstream end ‘‘Breaking New Ground,’’ which is a set satisfied. perched above the stream bed, of place-based air and watershed action precluding the upstream movement of Downlisting Criterion (2): Eglin AFB has fish during normal and low-flow plans for the Choctawhatchee River and (and is implementing) an effective habitat Bay watershed. These plans address restoration program to control erosion from conditions. Ten of the 21 barriers are of little to no adverse consequence to water quality monitoring, point and roads, clay pits, and open ranges. darter habitat connectivity because they non-point source pollution, growth Accomplishments have been made in occur on the outskirts of the current management, water supply, education, recovering Okaloosa darter habitat, and range or are immediately adjacent to and citizen involvement in all the Service continues to work with another barrier or impoundment. Choctawhatchee Bay watersheds, Eglin AFB, the City of Niceville, and However, darters downstream of the 11 including the darter drainages. This Okaloosa and Walton Counties to remaining barriers cannot move planning effort has resulted in the restore additional habitat through the upstream during normal and low-flow funding of studies to assess point and removal and replacement of road conditions. To date, 7 of these have non-point source water pollution in the crossings and impoundments been removed or replaced with basin, including darter watersheds, and throughout the darter’s range. appropriate structures and the is expected to continue to assist in Eglin AFB is implementing an remaining 4 will be removed in 2011. identifying and addressing potential effective habitat restoration program to Impoundments may also fragment long-term water quality and supply control erosion from roads, borrow pits darter habitat and populations. As of issues in the watershed, which is a (areas where materials like sand or 2005, there were 32 impoundments positive step towards securing gravel are removed for use at another within the darter’s range. Most of these permanent protections for Okaloosa location), and cleared test ranges. Since are the result of beaver activity at road- darter water quality and quantity. 1995, Eglin AFB has restored 317 sites stream crossings, and some are located In addition, the Northwest Florida covering 196.2 hectares (ha) (484.8 acres within reaches from which darters are Water Management District (NWFWMD) (ac)) that were eroding into Okaloosa extirpated or in headwater regions of (in conjunction with the Florida darter streams. All 38 borrow pits streams where darters are typically Department of Environmental Protection within Okaloosa darter drainages are found only in low densities. As part of (DEP) has a Surface Water Improvement now stabilized (59.3 ha; 146.5 ac) the road-stream crossing rehabilitation and Management (SWIM) Plan that (USAF 2005, p. 3–18). The other 279 work, Eglin has prioritized restoration addresses water issues in the sites (136.9 ha; 338.3 ac) included in the or replacement of road-stream crossings Choctawhatchee River and Bay System, total area are characterized as non-point where beaver activity has impounded including the projected water supply sources (pollution created from larger stream flow. Major projects under this needs of the coastal portions of processes and not from one program include multi-partner stream Okaloosa and Walton Counties. concentrated point source, like excess restoration efforts in Little Rocky Creek Protecting water-dependent endangered sediment from a construction site and Toms Creek. These projects species and their habitats are integral washing into a stream after a rain) of required removal of historical railroad components of the SWIM Plan. In its stream sedimentation. Eglin AFB crossings that had been impounded by water supply plan for the counties that estimates that these efforts have reduced beavers and included greater than 100 encompass the range of the darter, the soil loss from roughly 69,000 tons per meters of natural channel design and NWFWMD examines the water sources year in darter watersheds in 1994, to construction. that could supply growing human water approximately 2,500 tons per year in Manmade structures accounted for 12 demands in the region (Bartel et al. 2010 (Pizzolato 2010, pers. comm.). As of the 32 impoundments in Okaloosa 2000). Depending on its magnitude and of 2006, Eglin AFB had completed about darter watersheds. Working with the spatial distribution, substantial new use 95 percent of the erosion control Service, the Council, FWC, and the Mid- of the Sand and Gravel Aquifer could projects identified for the darter Bay Bridge Authority (MBBA), Eglin diminish stream flow in the darter watersheds (USAF 2006, p. 3–5). AFB has removed six recreational streams; however, the potential well Restoration activities began earlier in impoundments, including all fields that the NWFWMD identified are the Boggy Bayou drainages. impoundments in the Turkey Creek located south and west of the darter Accordingly, darter numbers increased watershed. Two major stream drainages. in the Boggy Bayou drainages earlier restoration projects have been

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conducted on Eglin AFB, both utilizing We had no estimate of population size were transformed to local abundance natural channel design to eliminate at the time of listing, although the estimates based upon the Jordan et al. impoundments and fish passage barriers historic range of the Okaloosa darter is (2008, pp. 316–318) comparison of seine while promoting public recreation. fairly well documented. Relative versus visual counts and depletion In FY 2007, Eglin AFB restored abundance estimates were determined sampling. These surveys produced an portions of Mill Creek within the Falcon annually from 1987–88 to 1998 at Eglin overall density estimate of 1.28 darters and Eagle golf course. Staff from Eglin AFB. Bortone (1999, p.15) compared the per meter (or per 3.28 ft) and an Natural Resources, the Eglin golf course, relative abundance (number per abundance estimate of 259,355 mature and the Service determined that it was sampling hour) of darters at 16 to 18 individuals (Service 2007, Table 3). This feasible to restore all impoundments stations over 10 sampling seasons. The estimate is very conservative because upstream of Plew Lake, the largest mean number of Okaloosa darters per seining typically only recovers about a impoundment on the system, to free- sample (in those samples that yielded third of the Okaloosa darters detected flowing streams and to remove all but darters) was slightly lower in the earlier visually (Jordan et al. 2008, p. 318) For one of the culverts that convey the sampling period (1987 to1991), higher more information on sampling methods, stream underneath fairways on the golf during the middle sampling years (1992 see the Service’s 2007 5-year status course. Present in the smallest of the six to 1997), and distinctly lower in 1998 review of the Okaloosa darter (Service darter watersheds, the darter population and 1999. Bortone (1999, p. 9) 2007). in Mill Creek is probably most concluded that this may not have Standardized sampling since the vulnerable to extirpation. Within one indicated an overall trend in the status review continues to show robust year of completion, Okaloosa darters reduction in Okaloosa darters as much numbers of Okaloosa darters. A visual had colonized the entire restoration as it may be indicative of changes that survey conducted in 2009 showed an project and recruitment had been specifically reduced preferable habitat average density of 3.1 ± 2.3 Okaloosa observed. We anticipate that restoration and increased sampling effectiveness at darters per linear meter (Jelks pers. at Mill Creek will help maintain a viable certain sites, as several sites were comm. 2010). population in the Mill Creek system. altered by beaver activity while others Downlisting criterion number (3) is In 2009, a partnership including Eglin became more rooted with undergrowth. further defined in Appendix A of the AFB, the Service, FWC, and MBBA Generally, the data do not indicate any Okaloosa darter recovery plan to initiated a restoration of Anderson Pond overall major trends in decline or include a specific standardized and the adjacent campground and increase during the 10-year sampling sampling methodology. An operational recreation area. As part of this project, period (Bortone 1999, p.10). definition of a ‘‘stable’’ population is the impoundment was removed, and The U.S. Geological Survey (USGS) also provided in Appendix A of the over 1000 meters of stream channel and Loyola University New Orleans has recovery plan. The definition of a were constructed. A new pond was surveyed between 12 and 60 sites for ‘‘stable’’ population applies to 26 long- excavated in a portion of the original Okaloosa darters annually since 1995 term monitoring sites and has three impoundment to accommodate fishing (Jordan and Jelks 2004, p. 2). Their parts: and other recreational activities. This methodology has evolved into counting (1) Okaloosa darter numbers remain project has reconnected darters isolated darters in 20-m (66-ft) segments using above 1.75 standard deviations below in the headwater reaches of Anderson mask and snorkel visual surveys, and Branch with the Turkey Creek includes collection of habitat conditions the cumulative long-term average at population and re-established habitat such as water depth, stream discharge, each of the monitoring sites; for an estimated 1,500 to 2,000 darters. substrate type, and canopy cover. (2) The long-term trend in the average Both the Mill Creek and Anderson Pond Collectively, Jordan and Jelks’ data counts at each monitoring site is projects accomplished stream show an almost tripling of darter increasing, or neutral; and restoration while promoting outdoor numbers in a 10-year timeframe, from (3) The range that the species inhabits recreation and education opportunities an average of about 20 darters per 20- is not decreased by more than a 500- for the public. m (66-ft) segment sampled in 1995, to meter (1,640.4-ft) stream reach within Based on the observations shared about 55 darters per segment in 2004. any of the six stream systems. above, Eglin AFB has effectively Dips in Okaloosa darter densities Although the darter meets the implemented this downlisting criterion occurred in 2001–02 and in 2009, which criterion for a stable population, the and continues to make additional corresponded with years of regional validity of the criteria in the operational progress in reducing remaining erosion drought conditions. Even during these definition of ‘‘stable’’ has come into problems on the base. These actions years, however, darter numbers were question since 1998, when the recovery appear to be associated with identifiable almost double those of 1995 and 1996. plan was prepared. As identified in our increases in Okaloosa darter numbers The current rangewide total 2007 5-year status review of the and occupied range. We will continue to population estimate, estimated by Okaloosa darter (Service 2007, p. 6), partner with Eglin AFB to find similar applying Jordan and Jelks (2004, p. 3) monitoring has shown that natural opportunities like Mill Creek and study area-wide density estimate of 3.1 variation coupled with sampling Anderson Pond to restore habitat. darters per meter (m) (or per 3.28 feet) method (seining versus visual survey) Because Eglin AFB and others have to our estimates of occupied stream might result in a variation greater than demonstrated a commitment to recovery length in each of the six Okaloosa darter 1.75 standard deviations while still of the Okaloosa darter through natural basins, is 802,668 darters with an maintaining a stable or increasing trend. resources management planning and estimated 625,279 mature individuals Therefore, we have found that this coordination with the Service, we (Service 2007, Table 2). In order to operational definition may no longer consider this downlisting criterion to be expand the surveyed range of the reflect the true status of the species. We satisfied. species, 69 sites were seine surveyed in plan to revise the recovery criteria to Downlisting Criterion (3): Okaloosa darter 50-m (164-ft) segments by the Service in incorporate advances in population population is stable or increasing and 2004–05, with many of those being assessment that use variation at specific comprised of two plus age-classes in all six outside the area surveyed by Jordan and localities while incorporating stream systems for 5 consecutive years. Jelks (2004). Observed segment densities adjustments for sampling error.

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Current estimates of Okaloosa darter recovery criteria were based on data Okaloosa darters are established in this numbers were calculated using two collected in years with normal rainfall, tributary, this would represent a range different methods of standardizing variation associated with droughts expansion of about 2.25 kilometers (1.4 monitoring and survey data. The first could not be accounted for and strict miles). The Okaloosa darter has been method used visual surveys in 28 20-m interpretation of criteria is likely not extirpated from about 9 percent of the (66-ft) segments of stream encompassing biologically appropriate. 402 km (249.8 mi) of streams that the six principal basins; a study area- The range of the Okaloosa darter is comprise its total historical range. wide density estimate was applied to represented as the cumulative stream Nearly all of these impacts occurred the known occupied stream length for a length of occupancy in a basin. prior to the original recovery plan in 2004 total population estimate of However, the annual monitoring 1984, and most were likely prior to the 802,668 darters with 95 percent identified in the recovery plan is not species listing in 1973. The Swift Creek confidence interval (CI) ranging from specifically designed to measure the monitoring site is the only established 503,457 to 1,323,597 (Service 2007, length of a range reduction. Therefore, monitoring site where an extirpation Table 2). The second method we are unable to determine whether part appears to have occurred. This is transformed seine sample density (3) of the operational definition of evidenced by a single collection of 2 estimates to local abundance estimates, ‘‘stable’’ (A population will be individuals in 1987; otherwise Okaloosa based upon the Jordan et al. (2008) considered stable if * * * (3) the range darters have not been collected at this comparison of seine versus visual that the species inhabits is not site. Because local extirpation occurred counts and depletion sampling, to decreased by more than a 500-meter more than 20 years ago, the darter has calculate a 2004–05 population estimate (1,640.4-ft) stream reach within any of expanded its range in Mill Creek and of 259,355 with 95 percent CI ranging the six stream systems) has been met. Toms Creek, and we have not witnessed from 216,120 to 302,590 darters (Service Further, as noted previously, seining a reduction in range since the revision 2007, Table 3). Acknowledging the has been shown to detect only about 32 of the recovery plan in 1998, we greater error likely associated with the percent as many darters as visual consider this criterion to be met. seine-based calculations, they provide a surveys (Jordan et al. 2008, p. 313), Downlisting Criterion (5): No foreseeable more conservative population estimate; increasing the probability of incorrectly threats exist that would impact the survival however, both estimates are large given concluding that darters are absent when of the species. the naturally small range of the species. using this survey method. Therefore, we At this stage of the recovery of As identified in our 2007 5-year status do not feel that this aspect of the Okaloosa darter, threats remain under review (Service 2007, p. 6–7), the long- definition of ‘‘stable’’ is appropriate. Listing Factor A: the present or Okaloosa darters population numbers term trend in the average counts at each threatened destruction, modification, or have increased since 1995, and have monitoring site indicated that the four curtailment of the species’ habitat or remained consistently stable at all sites smallest darter watersheds (Toms, Swift, range. Resource stewardship on Eglin where current sampling techniques are Mill, and East Turkey), as well as West AFB is generally reducing the threat of utilized. Annual population monitoring Long Creek and East Long Creek, were habitat destruction and range reduction by USGS and Loyola University New decreasing while the watersheds of from sedimentation from unpaved roads Orleans has detected young-of-the-year Rocky Creek and Turkey Creek were and areas adjacent to poorly designed or and adult fish in all six stream systems increasing. However, sampling maintained paved roads. As of 2006, for the past 13 years (Service 2007). conducted since restoration activities on about 95 percent of the erosion control Okaloosa darters appear to have Mill Creek were completed indicates projects identified in darter watersheds expanded their range in Mill Creek that darter numbers are now increasing. had been completed (USAF 2007, pp. 3– following habitat restoration activities Using the estimated length of occupied 5). Eglin AFB is continuing to fund in 2007, and have been collected in the habitat for these creeks, darter numbers these projects to completely eliminate southern/western tributary of Toms are stable or increasing in 86 percent of the threat. We will continue to work Creek previously thought to be their current range and decreasing in 14 with Eglin AFB to remove remaining uninhabited. We have not observed percent of their current range. All of the erosion sources or point and non-point extirpation at any of the monitoring declining trends were sampled by pollution sources in Okaloosa darter sites since 1998, and sampling seining, not visual surveys, and may habitat. In addition, stream restoration conducted in 2009 continues to show reflect variable sampling efficiency over projects have been completed, and new robust numbers of Okaloosa darters. time. For example, one site has become projects are being considered on Eglin Acknowledging the limitations in the almost impossible to seine due to the AFB. We will work with Elgin AFB to criteria outlined in Appendix A of the exposure of tree roots resulting from ensure Okaloosa darter habitat is recovery plan, we consider this stream bed degradation. Because seining protected. detects only about 32 percent as many downlisting criterion to be satisfied. Although water quality issues Okaloosa darters as visual surveys Downlisting Criterion (4): The range of the associated with the Niceville landfill (Jordan et al. 2008, p. 313), the long- Okaloosa darter has not decreased at all and sprayfield continue to threaten the term trends in darter counts at sites historical monitoring sites. darter, they are being examined in a sampled by seine may not reflect actual As noted above, trends in the range of research project, which began in 2007. trends. Furthermore, there appears to be the Okaloosa darter are difficult to We recently worked with the City of a reduction in numbers at many of the interpret. Darters have expanded their Niceville to improve its wastewater sites in 1998 to 2000, prior to which range in Mill Creek as a result of habitat collection system and install more counts appear to be relatively consistent restoration. A recent collection of appropriate culverts at a number of road or generally increasing, which darters from the southern/western crossings. In addition, as stated above, correspond to a drought that began in tributary of Toms Creek may represent a few of the Okaloosa darter’s streams 1998. Following 1998, the darter counts an additional range expansion; however, have been indicated as potentially at these sites follow a stable or additional field surveys will be impaired due to biological indicators. increasing trend at reduced densities necessary to determine the extent and We will continue to work with Eglin (Service 2007, Figure 6). Because stability of the occupied habitat. If AFB and the city of Niceville to

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determine the causes of impairment and included the FWC and TNC. We Mid-Bay Bridge Connector Road is not remove them. received no public hearing requests. In likely to jeopardize the continued Proposed plans to assign additional accordance with our peer review policy existence of the Okaloosa darter. There military forces to Eglin AFB may alter published on July 1, 1994 (59 FR are many conservation measures in the military mission and could 34270), we solicited independent place to minimize the impacts of the potentially impact Okaloosa darter opinions from three knowledgeable roadway, and the potential secondary populations; however, we do not individuals who have expertise with the and cumulative effects will be anticipate any increase in threats from species and the geographic region where minimized through efforts to work with this action as the new ranges have been the species occurs and are familiar with with private property owners to protect moved outside of Okaloosa darter conservation biology principles. We floodplain and riparian habitat and habitat. Eglin AFB has also agreed to received comments from all three of the reduce threats along Okaloosa darter provide a 300-ft. buffer along all darter peer reviewers. The reviewers were streams. Given the specific extensive streams when conducting any troop affiliated with the State of Florida, a conservation measures included in the maneuvers. On the smaller creeks, Louisiana university, and a Federal project, we do not consider the Mid-Bay where we noted a general long-term Government agency. Reviewers Bridge Connector Road to be a decline in average counts, we will provided additional factual information, significant threat to Okaloosa darters. continue to investigate using survey as well as minor corrections and input (3) Comment: Although the sand and protocols whether habitat attributes at on our interpretation of existing gravel aquifer that feeds the darter these sites are the cause. information. In general, all peer drainages is not currently used for The Okaloosa darter was listed in reviewers concurred with the human consumption, one reviewer 1973 as an endangered species. At the downlisting of the Okaloosa darter to expressed concern that plans for time of listing, the species faced threatened status and the special rule. wellfields have been proposed within significantly greater threats than it does We reviewed all comments received Okaloosa darter drainages. today, as evidenced by the numerous from the peer reviewers and the public Response: We are not aware of any recovery actions to date that have for substantive issues and new proposals to directly use the sand and improved and restored its habitat information regarding the proposed gravel aquifer for human consumption. conditions. These recovery actions reclassification. Substantive comments The NWFWMD has recently announced include completing 95 percent of the we received during the comment period plans for an offline reservoir in the erosion control projects identified in have been addressed below and, where Shoal River (Yellow River watershed) to darter watersheds, thereby significantly appropriate, incorporated directly into supply drinking water to Okaloosa reducing the most intense threat to the this final rule. The comments are County. This action will use surface species (see the Summary of Factors grouped below according to peer review water and is outside the primary Affecting the Species section below for or public comments. recharge area for streams inhabited by further details). Now, more than 35 the Okaloosa darter; therefore, we years after it was listed under the Act, Peer Review/State Comments believe there will be little to no impact the Okaloosa darter’s overall status has (1) Comment: One reviewer expressed on Okaloosa darters related to this improved. Given that the threats to the concern for the population of Okaloosa offline reservoir. Eglin AFB, the cities of species have been significantly reduced, darters in Shaw Still Branch, a tributary Niceville and Valparaiso, and Okaloosa we have determined that the Okaloosa to Swift Creek, due to isolation resulting County have not indicated plans to darter has recovered to the point where from College Pond and habitat establish wellfields in the foreseeable it now meets the definition of a degradation. future. threatened species—one that is ‘‘likely Response: We agree that the (4) Comment: One reviewer expressed to become an endangered species within population in Shaw Still Branch should concern that the proposed rule the foreseeable future throughout all or be closely monitored and that recommended delisting by 2012. a significant portion of its range.’’ In restoration of College Pond should be Response: The proposed rule actually other words, although some threats to considered; however, the Okaloosa noted that Eglin AFB’s INRMP goals for the Okaloosa darter continue to exist, darter population and suitable habitat darter management recommended these threats are not likely to cause the persist in this stream. In addition, there delisting by 2012. The proposed rule species to become extinct throughout all has been a stable or increasing trend of was updated to reflect the most recent or a significant portion of its range darters in all darter stream systems, annual update of the INRMP, which within the foreseeable future. Data including Swift Creek. We do not feel now recommends delisting by 2015. In collected on the distribution and that the genetic isolation of the Shaw any case, this is Eglin AFB’s abundance of the species indicate that Still Branch darter population precludes recommendation, and does not reflect the species’ range has expanded and reclassification from endangered to the views of the Service. A overall population numbers are threatened, which is based on an determination to remove a species from increasing. The Okaloosa darter has met assessment of the species’ status and the Federal List of Endangered and all five downlisting criteria in its threats as a whole. Threatened Wildlife is made by the recovery plan. (2) Comment: Two reviewers Service and is based on an analysis of expressed concern over the Mid-Bay whether a species is no longer Summary of Comments and Responses Bridge Connector Road and long-term endangered or threatened. During the 60-day comment period on secondary and cumulative effects to the (5) Comment: One reviewer was the proposed rule, which began on Okaloosa darter. concerned that our population estimate February 2, 2010, and ended on April 5, Response: We recently completed was inflated because we assumed that 2010 (75 FR 5263), we received only consultation under section 7(a)(2) of the all stream segments within the six darter two written comments, both of which Act on this road project and have drainages are suitable for Okaloosa supported both reclassification of the updated the discussion of this project in darters. Okaloosa darter from endangered to this rule (see Summary of Factors Response: We did not assume that all threatened and the special rule. The Affecting the Species; Factor A. stream segments within the six proponents of the reclassification discussion). We found that the proposed Okaloosa darter drainages are suitable

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for Okaloosa darters when we derived recovery criteria is not a prerequisite for decision to reclassify the Okaloosa the population estimate of 802,668 downlisting. In addition, within each darter to threatened. darters. A complete description of the recovery criterion, the reviewer believes Based on the subtly different genetic methods we used to derive the amount we have redefined the Okaloosa darter characteristics of these six streams, it is of suitable habitat can be found in population to be those darters on Eglin conceivable that extirpation of Okaloosa Service 2007, pages 16–18. In general, AFB and thereby implied that the 1.3 darters in any of the six streams would we calculated the total stream length percent of the current geographic range result in a loss of genetic variation. within the Okaloosa darter drainages that is outside of Eglin AFB is of While we acknowledge there have been and then subtracted the impoundments marginal importance. We do not agree localized declines in the populations in and the segments that we believe no with this comment because we manage Mill, Swift, and East Turkey creeks, we longer support Okaloosa darters from the Okaloosa darter as a whole across its do not agree that darters are in danger total stream length. However, we still range and have to address its status and of extirpation from these creeks. Darter believed that not all portions of the threats it faces across its range. A populations in Mill Creek have been remaining stream length were determination to reclassify a species’ increasing since restoration was necessarily suited for Okaloosa darters. status on the Federal List of Endangered completed, and we expect this To correct for this bias, we applied and Threatened Wildlife is ultimately restoration will result in a viable, darter/habitat relationships to estimate based on an analysis of whether a sustainable population. In addition, the proportion of potential habitat that species is no longer endangered or no significant parts of all three of these may be occupied. We estimated that for longer threatened. Based on the best streams are located on Eglin AFB, where the roughly 365 km of potential darter available scientific information, the resource stewardship and protection is habitat, about 261 km would be population as a whole has increased, generally reducing the threat of habitat occupied, and estimated the population and its threats have decreased within destruction and range reduction. accordingly. 98.7 percent of its current range and 90 Outside of Eglin’s borders, we are (6) Comment: One reviewer noted that percent of its historic range. We agree working with the City of Niceville and the fixed station sampling methodology with the reviewer that the populations private landowners to reduce threats to may only be capturing a localized of Okaloosa darters outside of Eglin AFB Okaloosa darters. The status of the density increase, not a true population are important to the overall population species as a whole has improved and increase. resiliency and for full recovery and threats have decreased in all six Response: We agree with the reviewer delisting of the species. streams. We will continue to work with that alternative study designs to fixed (8) Comment: One reviewer expressed the authors as we work towards station sampling, such as random site concern that we did not use the best recovery of the Okaloosa darter. selection, can provide more robust conclusions about population trends. scientific data available because we did (9) Comment: One reviewer disagreed The critique of fixed site sampling is not rely on a recent unpublished study with how we defined ‘‘significant that nonrepresentative data may be on the degree of genetic distinction in portion of the range,’’ noting that if we collected, thereby increasing the chance Okaloosa darters among streams. The considered the six drainages separately of incorrect conclusions. In the case of study found that each of the six based on genetic differences noted in fixed station sampling of Okaloosa Okaloosa darter drainages support Austin et al. (2010, unpublished data), darters, we believe the chances of genetically unique populations. The there is considerable likelihood that collecting nonrepresentative data are reviewer felt that the populations Okaloosa darter is in danger of fairly low. The fixed stations occur outside Eglin AFB in Mill, Swift, and extinction in a significant portion of its across multiple sites in all six darter East Turkey creeks are in danger of range due to the more pronounced drainages. The number of sites has been extinction and recommended that the threat in the areas outside of Eglin AFB. high, with anywhere from 12 to 60 sites Service consider reclassifying only Response: The Okaloosa darter was sampled annually since 1995, and populations of Okaloosa darters in the listed due to threats across its entire collectively these data show an almost Toms, Turkey, and Rocky creek range. In our evaluation of significant tripling of darter numbers in a 10-year drainages and leave populations in the portion of the range for this species, we timeframe. In addition, Okaloosa darters Mill, Swift, and East Turkey creek assessed threats across the landscape to appear to have expanded their range in drainages as endangered. determine if any areas were Mill Creek and possibly in a tributary of Response: We did not include the experiencing unique impacts. We then Toms Creek previously thought to be findings of this study in our analysis determined if those areas were uninhabited. Therefore, we believe it is because at the time the proposed rule significant to the species as a whole as reasonable to conclude that the overall was published, this study was not further described below in the increasing trend in the fixed station available. The authors only very Significant Portion of the Range section sampling data is likely reflecting an recently completed a final report and of this rule. In evaluating this comment, increase in the Okaloosa darter submitted it for publication in a peer- we determined that, although each population as a whole. reviewed journal (Austin et al. 2010, drainage may possess slightly different (7) Comment: One reviewer was unpublished data). In summary, the genetics (Austin et al. 2010, concerned that the Service redefined authors conducted mitochondrial and unpublished data), the drainages are all recovery criteria so as to minimize the nuclear DNA analyses to determine the subject to similar threats. The area importance of population declines and degree of genetic distinction among outside of the Eglin AFB was not extirpations in areas outside of Eglin streams. They found that Toms Bayou, considered a significant portion of the AFB in order to expedite the Boggy Bayou, and Rocky Bayou are range, because this area is small and is reclassification process. three evolutionarily significant units similar in structure to habitat found Response: This comment was first and, to a lesser extent than the bayous, throughout the rest of the species’ range. directed at the language under the all six streams are genetically unique. We have determined that there are no Recovery section of the proposed rule They also found that robust historical portions of the range that qualify as a (75 FR 5265; February 2, 2010) that genetic estimates of abundance and significant portion of the range for the describes how precise attainment of all recent census estimates support the darter.

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(10) Comment: One reviewer (12) Comment: One reviewer Summary of Factors Affecting the disagrees that almost all of the human expressed concern regarding the Species activities that may affect the existing enforcement of the Act as it relates to Section 4 of the Act and its darter population are Federal actions. Okaloosa darter in areas that occur implementing regulations (50 CFR part Response: Of the darter’s current outside of Eglin AFB. 424) set forth the procedures for listing, range, 98.7 percent is on Federal lands, Response: All State, local, and private reclassifying, or removing species from and the remaining 1.3 percent occurs projects outside of Eglin AFB that use the Federal Lists of Endangered and downstream of the boundaries of Eglin Federal funds or require Federal permits Threatened Wildlife and Plants. AFB. We agree that there are human (for example CWA section 404 dredge- ‘‘Species’’ is defined by the Act as activities that impact the darter in the and-fill permits) must undergo section 7 including any species or subspecies of 1.3 percent of the darter’s range outside fish or wildlife or plants, and any of Eglin AFB; however, almost all of the consultation under the Act. In addition, under section 9 of the Act, ‘‘take’’ distinct vertebrate population segment darter’s range is within Federal lands of fish or wildlife that interbreeds when and subject to Federal statutes and (defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, mature (16 U.S.C. 1532(16)). Once the regulations, including the Sikes Act and ‘‘species’’ is determined, we then or collect, or to attempt to engage in any Sikes Improvement Act, the Act, and the evaluate whether that species may be such conduct in section 3(19) of the Act) CWA, as well as other applicable State endangered or threatened because of laws. Furthermore, any State, local, and will still be prohibited on private lands one or more of the five factors described private projects outside of Eglin AFB as it was when the species was listed as in section 4(a)(1) of the Act. Those that use Federal funds or require endangered. The special rule under factors are: (1) Habitat modification, Federal permits must undergo section 7 section 4(d) of the Act does not remove destruction, or curtailment; (2) consultation under the Act. the prohibitions against take outside of overutilization of the species for (11) Comment: One reviewer Eglin AFB’s habitat restoration projects. commercial, recreational, scientific, or expressed concern for delisting by The Service also works proactively with educational purposes; (3) disease or asking how the Okaloosa darter can be the Florida Fish and Wildlife predation; (4) inadequacy of existing delisted given that the species was Conservation Commission and private regulatory mechanisms; or (5) other primarily listed due to a restricted landowners to facilitate darter habitat natural or manmade factors affecting its geographic range and that will never restoration off of Eglin AFB. continued existence. We must consider change. these same five factors in reclassifying Public Comments Response: The Service is not or delisting a species. Listing, considering delisting the species at this The following public comment reclassifying, or delisting may be time. The determination to remove a addresses issues that were not raised by warranted based on any of the above species from the Federal List of the peer reviewers. If an issue brought threat factors, either singly or in Endangered and Threatened Wildlife is up by a peer reviewer was also raised combination. based on an analysis of whether a by the public, it is discussed above in For species that are already listed as species is no longer endangered or the peer review comment section rather endangered or threatened, this analysis threatened by any of the five factors: (1) than below. of threats is an evaluation of both the Habitat modification, destruction, or threats currently facing the species and curtailment; (2) overutilization of the (13) Comment: In relation to the threats that are reasonably likely to species for commercial, recreational, additional subpopulations of Okaloosa affect the species in the foreseeable scientific, or educational purposes; (3) darters, one commenter suggested we future following the delisting or disease or predation; (4) inadequacy of conduct an assessment of other stream downlisting. existing regulatory mechanisms; or (5) systems within the Rocky Bayou The following threats analysis other natural or manmade factors drainage that may have historically examines the five factors currently affecting its continued existence. The contained the Okaloosa darter. The affecting, or that are likely to affect, the Okaloosa darter was initially listed not commenter also described a stream Okaloosa darter within the foreseeable only due to its restricted range but also restoration project in Puddin Head Lake, future. For the purposes of this analysis, because of habitat degradation from a steephead stream system adjacent to we will first evaluate whether the roads, dams, and land clearing, and the the Rocky Creek watershed, noting that currently listed species, the Okaloosa threat of competition with brown this stream may have historically darter, should be considered darters. Delisting the species would contained Okaloosa darters and endangered or threatened throughout its involve a full assessment of these and recommended that the Service consider range. Then we will consider whether other threats impacting the Okaloosa this stream restoration project as a there are any portions of the species’ darter in consideration of its restricted current activity that may benefit the range where it is in danger of extinction range. As discussed throughout this Okaloosa darter. or likely to become endangered within rule, there has been a substantial the foreseeable future. reduction in threats to the species’ Response: We agree and plan to habitat, and brown darters do not evaluate other streams within all three Factor A. The Present or Threatened appear to be a significant threat to its bayous that may have historically Destruction, Modification, or recovery. There are still actions needed contained Okaloosa darters to locate Curtailment of Its Habitat or Range for the Okaloosa darter to continue to suitable habitat and possible additional The Okaloosa darter was listed under recover, including cooperative populations. Okaloosa darters do not the Act in 1973, because of its extremely agreements to protect and restore occur in Puddin Head Lake, but we plan limited range and potential problems habitat, water quality, and water to evaluate restored habitat within the resulting from erosion, water quantity outside of Eglin AFB, and the Puddin Head stream and other locations impoundment, and competition with continued improvement and that may have historically contained brown darters. The Okaloosa darter has maintenance of water quality and Okaloosa darters as potential sites for been extirpated from about 9 percent of riparian habitat on Eglin AFB. reintroduction. the 402 km (249.8 mi) of streams that

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comprise its total historical range. This permits, and all are scheduled for project to expand SR 123 from two to historic loss of range is most likely due construction in 2011. four lanes across Toms and Turkey to physical and chemical habitat Of the 153 road crossings that creeks. However, the roads would not degradation from sediment and previously existed in Okaloosa darter prevent implementation of management pollutant loading and the urbanization drainages, 57 have been eliminated: 28 actions for the Okaloosa darter in Eglin of the City of Niceville coupled with in Boggy Bayou streams, and 29 in AFB’s INRMP, which will continue to historic impacts originating on what is Rocky Bayou streams. Eglin AFB provide a benefit to the darter. estimates that these and other now Eglin AFB. Recent surveys in a Eglin AFB has granted the MBBA southern/western tributary of Toms restoration efforts have reduced soil loss conceptual agreement for the Mid-Bay Creek, however, have established the from roughly 69,000 tons per year in Bridge Connector Road, and darter’s presence in a stretch of stream darter watersheds in 1994, to construction of Phase I of the project has previously thought to be uninhabited. approximately 2,500 tons per year in begun. Although the remaining phases At present, all but 5 km (3.1 mi), or 1.3 2010 (Pizzolato 2010, pers. comm.). percent, of the current range is also Borrow pits were a major source of of the project cross darter drainages, the currently within Eglin AFB. sediment loading to darter streams cited agreement includes 19 stipulations that in the 1998 darter recovery plan. At that will minimize impacts to darter Sedimentation and Erosion time, 29 of 39 borrow pits located drainages. For example, the project will Sediment loading is perhaps the most within or immediately adjacent to use environmentally-sensitive bridge intense and uniform factor continuing to Okaloosa darter drainages had been construction techniques, and threaten the Okaloosa darter. A report restored so that they no longer posed conservation measures that minimize (Rainer et al. 2005, pp. 3–13) identified sedimentation threats. As of 2004, all of erosion and ground disturbance at each the following primary sources of the remaining borrow pits within stream crossing and that maintain sediment to aquatic ecosystems on Eglin Okaloosa darter drainages have been stream channel stability. By designing AFB: accelerated streamside erosion, restored and no longer pose the bridges to maintain natural stream borrow pits, developed areas, land test sedimentation threats (Rainer et al. geomorphology, and with the use of areas, silviculture, and roads. Of these, 2005, pp. 3–18). appropriate methods to stabilize stream the stream crossings of unpaved roads While sedimentation and erosion banks and erosion control measures and subsequent bank erosion probably problems still exist on Eglin AFB, they along the stream, we do not anticipate have the greatest impact because of their have been significantly reduced through long-term erosion and degradation of distribution on Eglin AFB, relative improvements such as bottomless darter habitat. permanence as base infrastructure, and culverts, bridges over streams, and bank The project also includes specific long-term soil disturbance restoration and revegetation. There are stream restoration projects to improve characteristics. The largest remaining other areas where sedimentation currently degraded habitat conditions in source of sediment input to darter remains a higher magnitude threat to the Okaloosa darter basins including Mill streams is the unpaved road network. continued existence of the Okaloosa Creek, Swift Creek, East Turkey Creek, As of 2005, 87 percent (4,348 km or darter. Primarily in the downstream- Turkey Creek, and Toms Creek. 2,701.7 mi) of Eglin’s road network was most portion of the darter’s range, urban Importantly, the potential secondary development and construction activity unpaved. and cumulative effects of a new As of 2010, Eglin AFB had completed pose a threat to the darter due to poor roadway, including threats to Okaloosa about 95 percent of the erosion control stormwater runoff control and darter from new development, will be projects identified in darter watersheds, ineffective pollution prevention addressed through discussions with substantially reducing runoff and measures that degrade habitat and may private property owners regarding sedimentation within the road network pose potential barriers to movement easements and agreements to protect (USAF 2006, pp. 3–5; Pizzolato 2010, between basins. This threat is present floodplain and riparian habitat and pers. comm.). From 1995 to 2004, 317 primarily in the 5 km (3.1 mi) of historic reduce threats along Okaloosa darter borrow pits and non-point erosion sites habitat located outside of Eglin AFB. streams. (485 ac) were rehabilitated and With improvement and reduction of maintained. Although most of the sediment erosion on Eglin AFB (98.7 We recently completed consultation erosion control projects have already percent of the darter’s current range), we under the Act on this project and found been completed, Eglin has a continuing believe that we can continue to work that the proposed Mid-Bay Bridge objective of identifying and with off-base partners in recovery efforts Connector Road is not likely to rehabilitating an additional 150 soil that will enable delisting of this fish. jeopardize the continued existence of erosion sites beyond the 317 sites that the Okaloosa darter. Most direct and have already been restored. These soil Road Development Projects indirect effects will occur within the erosion sites have the potential to Additionally, road development 122-meter (400-foot) study corridor and impact endangered and threatened projects present new potential threats are considered temporary and species like the listed Okaloosa darter. that may negatively impact the Okaloosa reversible. Given the specific extensive These remaining soil erosion sites pose darter. The Northwest Florida conservation measures included in the a continuing threat to the darter and its Transportation Corridor Authority has project, we do not consider the Mid-Bay habitat. For example, five road crossings proposed a new, high-speed, toll bypass Bridge Connector Road to be a in the Turkey Creek drainage have road that crosses Eglin AFB, extending significant threat to Okaloosa darters. As repeatedly exceeded State water quality from U.S. 331 in Walton County to SR plans progress for the other road standards for turbidity. Recent funding 87 in Santa Rosa County. It includes the projects, the applicants will need to has been secured to replace or eliminate MBBA’s Mid-Bay Bridge Connector consult with the Service under section the remaining road-stream crossings Road, a new road from the northern 7 of the Act to avoid and minimize identified as impairing waterways terminus of the Mid-Bay Bridge to SR 85 impacts to the Okaloosa darter and other within the range of the Okaloosa darter north of Niceville. In addition, the federally protected species, and assure on Eglin AFB. These projects are Florida Department of Transportation is that the species’ continued existence currently being designed or awaiting planning a capacity improvement and recovery is not jeopardized.

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Elgin AFB and Its Programs ‘‘severely limited by pollutants from the have sufficient data to determine that Eglin AFB is a military training landfill.’’ climate change poses a significant threat Using comparable aquatic insect facility and is divided into 37 land test to the Okaloosa darter. Streams within sampling methods, the Service (Thom areas where weapons testing and the Okaloosa darter’s range are spring- and Herod 2005, Table 4–1) found 12 training operations are conducted, 12 of fed, and thus many are thermally out of the 42 sites sampled within the which are wholly or partially within moderated. However, thermal mediation darter’s range to be impaired. An darter drainages (SAIC 2001, pp. 2 and varies considerably among nearby impaired water body is one where the Okaloosa darter streams (Jordan 2010, 7). Eglin AFB maintains large portions biological integrity of the system as pers. comm.), and some streams that of the test areas in an early stage of plant determined through indicators has been support Okaloosa darters may be succession with few mature trees and compromised because of pollutants, affected by increases in air temperature. varying degrees of soil disturbance as a indicating that Okaloosa darter habitat We lack the data to evaluate whether result of maintenance or military is degraded. Based on these data, it increased temperatures in some streams missions. Since 1998, only one section appears likely that the wastewater will adversely affect Okaloosa darters. 7 consultation with Eglin AFB (related treatment sprayfields located near the The information currently available on to test area activities) has resulted in the headwaters of East Turkey Creek and the effects of climate change and the issuance of an incidental take statement. Swift Creek are adversely affecting available climate change models do not There is a proposal to increase the water quality. Although water quality make sufficiently accurate estimates of military personnel and use at Eglin AFB issues associated with the Niceville location and magnitude of effects at a through the 2005 Defense Base landfill and sprayfield continue to scale small enough to apply to the range Realignment and Closure (BRAC). The threaten the darter, they are being of the Okaloosa darter. At present, we BRAC action involves establishing the examined in a research project. have insufficient data to determine that Joint Strike Fighter Integrated Training Water Withdrawals climate changes observed to date have Center and relocating the Army 7th had any adverse impact on the Okaloosa Special Forces Group (Airborne) to Water withdrawals for human darter or its habitat. Eglin AFB, increasing the number of consumption in and around the range of personnel present on base, the number the Okaloosa darter are presently served Summary of Factor A of test ranges, and the frequency of test by wells that tap the Floridan Aquifer, About 51,397 hectares (127,000 acres), area activities. The Service has provided which is declining substantially in the or 457 square kilometers (176 square preliminary comments on the military’s most populated areas near the coast. miles), of the darter’s drainage basins Notice of Intent to Prepare an However, at this time, there is no (90 percent) are managed by Eglin AFB, Environmental Impact Statement under evidence that pumping from the while 485.6 hectares or 12,000 acres (10 the National Environmental Policy Act Floridan Aquifer has reduced flows in percent) of the drainage basins are (NEPA; 42 U.S.C. 4321 et seq.) and darter streams. The darter drainages are situated within the Niceville-Valparaiso completed a formal consultation for spring-fed from a shallow sand and urban complex. Urban runoff continues other species but not the Okaloosa gravel aquifer that is not used for human to degrade darter habitat in 1.3 percent darter. We do not anticipate any consumption. Additionally, the low of the linear stream distance that occurs increase in threats to the Okaloosa permeability of the Pensacola Clay outside of Eglin AFB through pollution darter from this action, as the new confining bed probably severely limits and sedimentation. Additionally, there ranges have been moved outside of hydraulic connectivity between the two is a continued threat of further Okaloosa darter habitat and Eglin AFB aquifers (Fisher et al. 1994, p. 86). development in the darter’s drainages has agreed to provide a 300-ft. buffer Therefore, we do not anticipate that outside of Elgin AFB. along all darter streams when local population growth would The military mission or mandate of conducting any troop maneuvers. adversely affect water flows in the Eglin AFB, which holds 98.7 percent of While poorly designed silvicultural darter’s drainages. the darter’s current range and 90 percent programs can result in accelerated soil of the drainage basins for the darter, will erosion and stream sedimentation, Eglin Climate Change lead to foreseeable actions that could AFB has designed its silviculture The Intergovernmental Panel on impact the darter’s range. Potential program within darter habitat to avoid Climate Change (IPCC) concluded that impacts resulting from a road and minimize impacts to the aquatic warming of the climate system is development project within the darter’s ecosystems such that the program is not unequivocal (IPCC 2007a, p. 30). range have been minimized, and that likely to adversely affect the Okaloosa Numerous long-term changes have been project is not considered a significant darter. observed including changes in arctic threat to the species. However, the temperatures and ice, and widespread growing coastline human population in Pollution changes in precipitation amounts, ocean Florida that is pressing into the Pollution other than sedimentation salinity, wind patterns, and aspects of boundaries of Eglin AFB will have poses a potential threat to darters in six extreme weather including droughts, foreseeable needs that could cross Eglin stream segments. While no streams in heavy precipitation, heat waves, and the AFB’s boundaries and impact the the darter’s range are designated by DEP intensity of tropical cyclones (IPCC darter’s range. as impaired, 6 of the 13 segments 2007b, p. 7). While continued change is Stream sedimentation and erosion sampled using three biological certain, the magnitude and rate of control problems still exist on Eglin indicators were considered potentially change is unknown in many cases. AFB, and we will continue to impaired and are on the ‘‘3c planning The currently occupied range of the cooperatively work with our partner to list,’’ which means that ‘‘enough data darter is restricted to approximately 402 resolve these. Habitat restoration efforts and information are present to km (249.8 mi) of streams in Walton and completed on the base to date have determine that one or more designated Okaloosa Counties, Florida. While we reduced 95 percent of the sedimentation uses may not be attained according to acknowledge the general scientific into streams occupied by the Okaloosa the Planning List methodology.’’ One consensus that global scale increases in darter, nearly eliminating the largest stream site has been characterized as temperatures have occurred, we do not threat to the species.

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At present, we do not have data to degradation. However, apart from this Department of Defense Instruction indicate that climate change poses a potential association, we do not (DODI) 4715.3, Environmental significant threat to the Okaloosa darter. otherwise suspect that disease or Conservation Program, is the Okaloosa darter populations are stable predation unduly limits the distribution overarching instruction for DOD natural or increasing in the majority of the or abundance of the darter. Therefore, and cultural resources management, and species’ range. The current rangewide we find that this factor is not likely to is the primary agent for implementing population is estimated at 802,668 cause the Okaloosa darter to become an policy (including the Sikes Act), darters with an estimated 625,279 endangered species within the assigning responsibility, and prescribing mature individuals (Service 2007, Table foreseeable future throughout all or a procedures for the integrated 2). Therefore, we believe the rangewide significant portion of its range. We do management of natural and cultural threat of habitat destruction, not have any data to suggest that this resources on DOD properties. In modification, or fragmentation over this threat will increase in any portion of the compliance with these programs, Eglin large area from sources like darter’s range now or within the AFB has taken a proactive role in the sedimentation and pollution has been foreseeable future; however, vigilance recovery of the Okaloosa darter by reduced to a point where the Okaloosa for nonindigenous predators is needed managing its lands to provide for the darter no longer meets the definition of as potential introductions of flathead recovery of the darter and assuring that an endangered species. We find that the catfish or cichlids might prove to be the species’ recovery is integrated with present or threatened destruction, problems for the Okaloosa darter in the the military training purposes of the modification, or curtailment of its future. base. habitat or range is not likely to place the Air Force Policy Directive (AFPD) 32– Okaloosa darter in danger of extinction Factor D. The Inadequacy of Existing 70, Environmental Quality, establishes throughout all or a significant portion of Regulatory Mechanisms policy to responsibly manage natural its range. However, although the threats The Act requires that any State, local, and cultural resources on Air Force under this factor have been reduced, and private project outside of Eglin AFB properties, clean up past environmental they have not been entirely eliminated. that uses Federal funds or requires a damage, meet current environmental Accordingly we find that the Okaloosa Federal permit must undergo section 7 standards, plan future activities to darter meets the definition of a consultation to ensure that the species minimize impacts, and eliminate threatened species because it is likely to is not jeopardized. In addition, the State pollution from Air Force activities become an endangered species within of Florida has listed the Okaloosa darter whenever possible. Under this the foreseeable future throughout all or as an endangered species under its Directive, an Air Force Environmental a significant portion of its range. protected species statute since 1976. Quality Program was developed. This program includes the following Factor B. Overutilization for Recently, the FWC incorporated the activities: Cleanup, compliance, Commercial, Recreational, Scientific, or IUCN Red List Criteria (http:// conservation, and pollution prevention. Educational Purposes www.iucnredlist.org) in its procedures Additionally, this directive states that for classifying species (Florida Overutilization for commercial, the Air Force will pursue adequate Administrative Code 68A–27.0012), but recreational, scientific, or educational funding to meet environmental legal the FWC has not yet evaluated the purposes is not, nor has it ever been, a obligations. Compliance with this Okaloosa darter using the new significant threat to the Okaloosa darter directive has resulted in funding and procedures (Knight 2010, pers. comm.). anywhere within the species’ range. implementation of considerable erosion Our application of the Red List Criteria Any utilization for recreational control measures and fish barrier classifies the darter as ‘‘near threatened’’ purposes is limited to the occasional removals, which have significantly (Service 2007, p. 43). mistaken use as a bait fish. Therefore, reduced runoff and sedimentation in we find that this factor is not likely to In addition, land management on Okaloosa darter streams and expanded cause the Okaloosa darter to become an DOD lands is governed by the Sikes Act the range of the species. endangered species within the (16 U.S.C. 670 et seq.) and the Sikes Air Force Instruction (AFI) 32–7064, foreseeable future throughout all or a Improvement Act, which provide for the Integrated Natural Resources significant portion of its range. We do conservation and rehabilitation of Management, implements AFPD 32–70 not have any data to suggest that this natural resources and require DOD to and DODI 4715.3. This instruction threat will increase in any portion of the periodically prepare an INRMP in provides details on how to manage darter’s range now or within the consultation with the Service and the natural resources on Air Force foreseeable future. applicable State wildlife agency. installations to comply with applicable Because the Okaloosa darter’s current Federal, State, and local laws and Factor C. Disease or Predation range occurs almost exclusively on regulations. The current INRMP and Neither disease nor predation is Eglin AFB, the species is afforded Threatened and Endangered Species considered a threat to the Okaloosa considerable protections from large- Component Plan for Eglin AFB identify darter. The six basins of the darter’s scale habitat disturbance. Its habitat is management practices to benefit the range are relatively free of introduced further conserved and rehabilitated, Okaloosa darter. The purpose of the aquatic predators, and the native through fish and wildlife and land INRMP for Eglin AFB is to provide predators, such as the largemouth bass, management actions, consistent with interdisciplinary strategic guidance for are relatively low in numbers due to the the use of the military installation, as the management of the base’s natural generally low productivity of the required by the Sikes Act, as amended resources, while the primary objective groundwater-fed streams. We have no by the Sikes Act Improvement Act. of the Air Force Natural Resources indications that terrestrial predation is a Federal actions must also comply with Program is to ensure continued access to problem. It is possible that diseases or the National Environmental Policy Act, land and air space required to parasites were indirectly associated the CWA, and applicable State laws. accomplish the Air Force mission while with the extirpation of the darter from These laws also help with avoiding or maintaining these resources in a healthy various stream segments as a result of minimizing impacts to the Okaloosa condition. The INRMP for Eglin AFB physical or chemical habitat darter and its habitat. facilitates compliance with Federal,

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State, and local environmental Brown Darter However, Jordan and Jelks (2004, p. 29) requirements. These requirements deal In 1964, a potential competitor of the also observed that darters returned to with analysis of: Potential Okaloosa darter, the brown darter these locations within a year following environmental impacts, water and air (Etheostoma edwini), was found in the removal of the beaver dam and the quality, wetlands, endangered species, lower reaches of Swift Creek. The brown culvert, the former by Eglin AFB marine mammals, migratory birds, other darter is a widespread species in resource managers and the latter by a wildlife, forest and fire management, drainages that surround the streams hurricane. Because beavers often alter areas in a and public access and recreation. The containing the Okaloosa darter, but had manner contrary to human intentions INRMP and Threatened and Endangered not previously been documented in any for those areas, and also because beaver Species Component Plan also identify Okaloosa darter drainages. Early ponds displace Okaloosa darter habitat, conservation objectives for the Okaloosa indications were that the brown darter darter as described under Downlisting resource managers, with the assistance may have been introduced into of the U.S. Department of Agriculture’s Criterion 1 under item (2) in the Okaloosa darter drainages from releases Recovery section above. Wildlife Services, control beaver from bait buckets by fishermen or by numbers in some areas on Eglin AFB Summary of Factor D incidental stocking with game fish from (USAF 2007, pp. 1–6). Although a fish hatcheries (Burkhead et al. 1992, nuisance in the urban environment, We estimate that 98.7 percent of the pp. 23–30). Others thought that brown beavers are a natural feature of the darter’s current range is within the darters dispersed from Eagle Creek landscape in the range of the Okaloosa boundaries of Eglin AFB; the remaining along the shoreline of Choctawhatchee darter. It is possible that impacts from 1.3 percent of the range is downstream Bay and were simply overlooked in beavers may be more pronounced than of Eglin AFB. For this reason, almost all early collections (Jelks 2010, pers. they were historically given that the human activities that may affect the comm.). Recent genetics analyses of the natural predators of beavers may be existing darter population are Federal brown darter shows high genetic greatly reduced. Beaver dams are also actions, including actions implemented, structure, and little support for problematic when they are constructed funded, or approved by the DOD. The introductions from eastern Florida upstream of poorly designed river INRMP prepared for Eglin AFB under (Austin 2007, pers. comm.), supporting crossings and culverts because they the Sikes Act and Sikes Improvement the theory that they were overlooked in result in more permanent Act requires habitat improvements that early collections. impoundments. will continue to benefit the darter. Although annual monitoring (1995– While the waters impounded behind Federal actions must also comply with 2004) of Okaloosa and brown darter a beaver dam do not support Okaloosa the National Environmental Policy Act, populations shows a weak negative darters, darter densities in ‘‘beaver the CWA, and applicable State laws. correlation between the abundance of meadows’’ were among the highest These regulatory mechanisms will the two species, the relative abundance observed in monitoring surveys. Beaver remain in place when the Okaloosa of Okaloosa darters at sites where both meadows occur in the vicinity of beaver darter is downlisted to threatened. species occur has generally increased or ponds where the dam and pond induces Therefore, the existing regulatory remained constant in this timeframe, the stream to assume a braided (multi- mechanisms are substantial, and they and the range of the brown darter has channel) form, sometimes in the pond will be adequate to protect the darter not expanded (Jordan and Jelks 2004, p. itself following dam blowout or and its habitat in the majority of its 3). Earlier comparisons of microhabitat removal. Floodplain trees are killed by range now and within the foreseeable use found little evidence of competitive the year-round high water level future. We do not have any data to displacement (Burkhead et al. 1994, p. maintained near the pond and by the suggest that this threat will increase in 60). Therefore, at this time, we do not beavers themselves, and herbaceous any portion of the darter’s range now or believe the brown darter is an vegetation thrives in the resulting open within the foreseeable future. introduced species or that it poses a canopy, which apparently creates significant threat to the recovery of the favorable habitat conditions for the Factor E. Other Natural or Manmade Okaloosa darter because it has not been darter as aquatic macrophytes thrive Factors Affecting The Species’ shown to impair Okaloosa darter under the open canopy and in higher Continued Existence populations. nutrient substrates. We suspect that a beaver meadow supports as many or Okaloosa darters were not adversely Beavers more darters than were displaced from affected by the active hurricane and Okaloosa darters do not appear to the beaver pond itself. storm seasons of 2004 and 2005, which tolerate impounded conditions and are Beaver dams are not permanent brought numerous severe storm events generally absent in the relatively still structures and may be broken by the to the southern boundaries of Eglin AFB water upstream of manmade dams, high flows associated with hurricanes (Jordan and Jelks 2009, p. 9). Darter beaver dams, culverts, and other and other major storm events. The numbers declined slightly during the instream obstructions that act like dams. organic matter that accumulates in a recent 2007–2008 drought affecting Jordan and Jelks (2004, p. 29) observed beaver pond is suddenly released when much of Florida; however survey data the effects of a beaver dam and a culvert the dam blows out, which provides a from previous droughts suggest at two locations on Rogue Creek that pulse of nutrients in the otherwise resilience to these events with elevated supported Okaloosa darters before these nutrient-poor darter streams. The pond recruitment during wet years (Jordan structures were placed in the stream. is gone immediately, of course, and over and Jelks 2009, p. 2). Both structures had similar effects on time the braided channel through the Two natural factors are identified in darters and important darter habitat beaver meadow returns to a single the recovery plan as possibly affecting features, including increased water channel form. This channel is the Okaloosa darter: the brown darter as temperature, accumulation of flocculent eventually shaded by riparian trees and an introduced competitor species, and substrate, loss of typical microhabitat shrubs, and the concentrated patch of the beaver as an agent adversely features, and virtual elimination of darter habitat that the meadow provided modifying darter habitat. darters in the impounded areas. is also gone. Given the balance of the

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effects beavers have on their habitats, the threat of sedimentation from water quantity for the Okaloosa darter we do not know at this time whether unpaved roads and from areas adjacent outside of Eglin AFB to protect the their numbers pose a threat to Okaloosa to poorly designed and maintained species in the foreseeable future; and darters. However, even if they do pose paved roads. Similarly, restoration of (2) Improved and maintained water localized impacts, we do not believe Mill Creek on the Eglin Golf Course, quality and riparian habitat on Eglin these to be significant to the Okaloosa which had been substantially altered by AFB, minimizing erosion at clay pits, darter rangewide. culverts and manmade impoundments, road crossings, and steep slopes to the has been completed. As the smallest of extent that resembles historic, Summary of Factor E the six darter watersheds, the darter predisturbance conditions. Okaloosa darters appear not to be population in Mill Creek is probably Significant Portion of the Range affected by hurricanes and seem to be most vulnerable to extirpation. We resilient to droughts. While brown anticipate that restoration at Mill Creek Having determined that the Okaloosa darters may not impact the Okaloosa will secure a viable population in this darter is no longer endangered darter and beavers may pose only system. Eglin has worked diligently to throughout its range as a consequence of localized impacts, there is no evidence generally improve habitat quality within the threats evaluated under the five indicating that these impacts are its boundaries. Outside of Eglin’s factors in the Act, we must next significantly affecting the species on a borders, we have been working with the consider whether there are any rangewide or population level. City of Niceville to improve their significant portions of its range where Therefore, we find that this factor is not wastewater collection system and install the species is currently endangered. A likely to cause the Okaloosa darter to more appropriate culverts at a number portion of a species’ range is significant become an endangered species within of road crossings. However, additional if it is part of the current range of the the foreseeable future throughout all or improvements are necessary before this species and is important to the a significant portion of its range. We do threat of sedimentation and pollution is conservation of the species because it not have any data to suggest that this completely removed. contributes meaningfully to the threat will increase in any portion of the Brown darters and habitat loss from representation, resiliency, or darter’s range now or within the beaver activity were identified as other redundancy of the species. The foreseeable future. natural and manmade factors affecting contribution must be at a level such that its loss would result in a decrease in the Conclusion of the 5-Factor Analysis the continued existence of darters. After several years of monitoring and recent ability to conserve the species. In developing this rule, we have genetics work, it does not appear that The first step in determining whether carefully assessed the best scientific and the brown darter is either expanding its a species is endangered in a significant commercial data available regarding the range or displacing Okaloosa darters in portion of its range is to identify any threats facing this species, as well as the most sympatric areas. The overall effect portions of the range that warrant ongoing conservation efforts. of beaver activity on the darter is poorly further consideration. The range of a Under section 3 of the Act, a species understood. However, even if brown species can theoretically be divided into is ‘‘endangered’’ if it is in danger of darters and habitat loss from beaver portions in an infinite number of ways. extinction throughout all or a significant activity do pose localized threats, we do However, there is no purpose to portion of its range and is ‘‘threatened’’ not believe these to be significant to the analyzing portions of the range that are if it is likely to become an endangered Okaloosa darter rangewide. not reasonably likely to be significant species within the foreseeable future The 1998 Recovery Plan for the and endangered. To identify only those throughout all or a significant portion of Okaloosa darter identifies five portions that warrant further its range. For the purposes of this rule, downlisting criteria. We believe that the consideration, we determine whether the word ‘‘range’’ refers to the range in intent of all five of the downlisting there is substantial information which the species currently exists, and criteria have been fulfilled; however, the indicating that: (1) The portions may be the word ‘‘significant’’ refers to the value delisting criteria have not been met at significant, and (2) the species may be of that portion of the range being this time. Specifically, while in danger of extinction there. In considered to the conservation of the significantly reduced, sedimentation practice, a key part of this analysis is species. The ‘‘foreseeable future’’ is the and pollution, as well as development, whether the threats are geographically period of time over which events or remain a threat in portions of the concentrated in some way. If the threats effects reasonably can or should be darter’s range. to the species are essentially uniform anticipated, or trends extrapolated. Based on the analysis above and given throughout its range, no portion is likely As identified above, only one of the the substantial reduction in threats to its to warrant further consideration. five listing factors currently poses a habitat, the Okaloosa darter does not Moreover, if any concentration of known threat to the Okaloosa darter, currently meet the definition of threats applies only to portions of the namely, Factor A—the present or endangered in that it is not ‘‘in danger range that are not significant to the threatened destruction, modification, or of extinction throughout all or a conservation of the species, such curtailment of its habitat or range. Eglin significant portion of its range.’’ Instead, portions will not warrant further AFB manages the vast majority of the it meets the definition of threatened in consideration. Okaloosa darter’s current range, 98.7 that it is ‘‘likely to become endangered If we identify any portions that percent. We have seen substantial in the foreseeable future throughout all warrant further consideration, we then progress on Eglin AFB addressing or a significant portion of its range.’’ determine whether in fact the species is threats to the darter’s habitat under the Actions still needed for the Okaloosa endangered in any significant portion of base’s INRMP and general ongoing darter to continue to recover (for its range. Depending on the biology of habitat restoration. Resource example, actions to remove threats to the species, its range, and the threats it stewardship on Eglin AFB is generally the point that the species no longer faces, it may be more efficient for the reducing the threat of habitat meets the definition of threatened) Service to address the significance destruction and range reduction (for include: question first, and in others the status example, restoring erosive, near-stream (1) Cooperative agreements to protect question first. Thus, if the Service borrow pits). Eglin AFB is addressing and restore habitat, water quality, and determines that a portion of the range is

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not significant, the Service need not prohibitions against taking and harm are scale habitat disturbance. Those determine whether the species is discussed, in part, below. protections have already been discussed endangered there. Conversely, if the Section 7(a) of the Act, as amended, under Factor D. above, and are added Service determines that the species is requires Federal agencies to evaluate here by reference. not endangered in a portion of its range, their actions with respect to the Questions regarding whether specific the Service need not determine if that Okaloosa darter. Regulations activities will constitute a violation of portion is significant. implementing this interagency section 9 of the Act and applicable The threats identified above are fairly cooperation provision of the Act are regulations should be directed to Don uniform throughout the range of the codified at 50 CFR part 402. If a Federal Imm, Field Supervisor, Panama City Okaloosa darter. In a small percentage of action may affect the Okaloosa darter or Field Office (see FOR FURTHER the range that occurs outside the Eglin its habitat, the responsible Federal INFORMATION CONTACT). Requests for AFB (10 percent of the drainage area, agency must consult with the Service to copies of the regulations regarding listed and 1.3 percent of the instream habitat), ensure that any action authorized, species and inquiries about prohibitions the threat of urbanization is more funded, or carried out by such agency is and permits may be addressed to the pronounced. However, this is a small not likely to jeopardize the continued U.S. Fish and Wildlife Service, portion of the total range of the species, existence of the Okaloosa darter. Federal Ecological Services Division, 1875 is similar to the rest of the species’ agency actions that may require Century Boulevard, Suite 200, Atlanta, habitat, and does not appear in other consultation include: Eglin AFB mission GA 30345; telephone (404) 679–7313; ways to have a significant impact on the activities, new construction, culvert facsimile (404) 679–7081. overall status of the species. Therefore, replacements, stream restoration, Special Rule we have determined that there are no sediment control projects, vegetation portions of the range that qualify as a control, and right-of-way permitting for The information presented above significant portion of the range in which pipelines and cables; U.S. Army Corps generally applies to threatened species the darter is in danger of extinction. of Engineers involvement in projects of fish and wildlife. However, the In summary, the threats to Okaloosa such as dredge-and-fill permits for Service has the discretion under section darter habitat have been significantly roads, bridges, and culverts; and Federal 4(d) of the Act to issue special reduced as a result of Eglin AFB Highway Administration road projects. regulations for a threatened species that implementing habitat improvement The Act and its implementing are necessary and advisable for the measures on the AFB’s lands. Okaloosa regulations set forth a series of general conservation of the species. Threatened darter populations remain stable prohibitions and exceptions that apply species implementing regulations at 50 throughout most of their range, and to all endangered and threatened CFR 17.31 incorporate the prohibitions have even expanded their range in some wildlife. These prohibitions, codified at of section 9 of the Act for endangered areas. Based on the darter’s improved 50 CFR 17.21 and 50 CFR 17.31, in part, species, except when a ‘‘special rule’’ is status throughout its range and the make it illegal for any person subject to promulgated under section 4(d) of the reduction in threats, we have the jurisdiction of the United States to Act for a particular threatened species. determined that none of the threats take (includes harm, harass, pursue, A special rule for a particular threatened result in the darter being in danger of hunt, shoot, wound, kill, trap, capture, species defines the specific take extinction throughout all or a significant or collect, or to attempt to engage in any prohibitions and exceptions that apply portion of its range. However, certain such conduct), import or export, ship in for that species rather than threats to the darter and its habitat interstate commerce in the course of incorporating all of the prohibitions of remain. We have determined that, based commercial activity, or sell or offer for section 9 of the Act. The prohibitions on the status of the species and these sale in interstate or foreign commerce under section 9 of the Act currently remaining threats, the Okaloosa darter any listed species. It is also illegal to make it illegal to import, export, take, meets the definition of threatened in possess, sell, deliver, carry, transport, or possess, deliver, receive, carry, that it is likely to become endangered ship any such wildlife that has been transport, ship in interstate commerce, within the foreseeable future throughout taken in violation of the Act. Certain or sell or offer for sale in interstate or all or a significant portion of its range. exceptions apply to Service agents and foreign commerce species listed under Therefore, we are reclassifying the agents of State conservation agencies. the Act. Take, as defined in section 3 of darter’s status from endangered to We may issue permits to carry out the Act, means to harass, harm, pursue, threatened under the Act. otherwise prohibited activities hunt, shoot, wound, kill, trap, capture, involving endangered and threatened or collect, or to attempt to engage in any Available Conservation Measures species under certain circumstances. such conduct. Threatened species that Conservation measures provided to Regulations governing permits are have special rules under section 4(d) of species listed as endangered or codified at 50 CFR part 13 and at 50 the Act are listed in our regulations at threatened under the Act include CFR 17.32 for threatened wildlife 50 CFR 17.40 through 17.48. recognition, recovery actions, species. Such permits are available for Because we originally listed the requirements for Federal protection, and scientific purposes, to enhance the Okaloosa darter as endangered, we did prohibitions against certain practices. propagation or survival of the species, not promulgate a special rule. However, Recognition through listing increases and for incidental take in the course of now that we are reclassifying the darter public awareness of threats to the otherwise lawful activities. For to threatened status, a special rule is Okaloosa darter, and promotes threatened species, permits are also appropriate to provide for the continued conservation actions by Federal, State, available for zoological exhibition, conservation of the species. Therefore, a and local agencies; private educational purposes, or special special rule is included as part of this organizations; and individuals. The Act purposes consistent with the purposes reclassification from endangered to provides for possible land acquisition of the Act. threatened status. and cooperation with the State, and Because the Okaloosa darter’s extant Although the range of the species is provides for recovery planning and range occurs almost exclusively on small, it is almost entirely (98.7 percent) implementation. The protection Eglin AFB, the species is afforded on Eglin AFB Federal lands. Darter required of Federal agencies and the considerable protections from large- drainages comprise 24 percent of Eglin

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AFB, subjecting almost all actions Effects of This Rule Determining what prohibitions and undertaken on 24 percent of the base to This rule will revise our regulations at authorizations are necessary to conserve the interagency cooperation 50 CFR 17.11(h) to reclassify the the species, like the listing requirements of section 7 of the Act, Okaloosa darter from endangered to determination of whether the species including habitat management and threatened throughout its range on the meets the definition of endangered or restoration specifically targeted at darter Federal List of Endangered and threatened, is not a decision that conservation and as required by the Threatened Wildlife. This rule formally Congress intended to undergo section 7 Sikes Act and Sikes Improvement Act recognizes that this species is no longer consultation. through the Eglin INRMP. This special in imminent danger of extinction National Environmental Policy Act rule: throughout all or a significant portion of (1) Recognizes the positive recovery its range. However, this reclassification We have determined that we do not efforts and accomplishments of Eglin does not significantly change the need to prepare an Environmental AFB and the DOD in recovering the protection afforded this species under Assessment, or an Environmental Okaloosa darter to the extent that the the Act. The regulatory protections of Impact Statement, as defined under the darter no longer meets the definition of section 9 and section 7 of the Act authority of the National Environmental endangered; remain in place. Anyone taking, Policy Act of 1969 (42 U.S.C. 4321 et (2) Provides increased regulatory and attempting to take, or otherwise seq.), in connection with regulations mission flexibility for Eglin AFB; possessing an Okaloosa darter, or parts adopted under section 4(a) of the Act. (3) Helps streamline or eliminate thereof, in violation of section 9 of the We published a notice outlining our review and permitting requirements for Act is still subject to a penalty under reasons for this determination in the habitat management and restoration section 11 of the Act, unless their action Federal Register on October 25, 1983 activities, thus providing a net benefit to is covered under a special rule under (48 FR 49244). the Okaloosa darter; and section 4(d) of the Act. Under section 7 (4) Enables the Service and Eglin AFB References Cited of the Act, Federal agencies must ensure to better target limited resources to that any actions they authorize, fund, or A complete list of the references used other, more vulnerable areas or species. to develop this rule is available upon Therefore, under section 4(d) of the carry out are not likely to jeopardize the continued existence of the Okaloosa request from Don Imm, Field Act, we determine, through this special Supervisor, Panama City Field Office rule, that it is necessary and advisable darter. Recovery actions directed at the darter (see FOR FURTHER INFORMATION CONTACT). to provide for the conservation of the will continue to be implemented as Okaloosa darter by allowing the take in Author outlined in the recovery plan for the accordance with applicable Federal, Okaloosa darter (Service 1998), The primary author of this document State, and local laws, during the including: is Karen Herrington of the Panama City following activities on Eglin AFB that (1) Restoring and protecting habitat in Field Office (see ADDRESSES). are consistent with a Service-approved the six Okaloosa darter stream INRMP and the Threatened and List of Subjects in 50 CFR Part 17 watersheds; Endangered Species Component Plan: (2) Protecting water quality and Endangered and Threatened species, (1) Prescribed fire for land quantity in the six Okaloosa darter Exports, Imports, Reporting and management to promote a healthy streams; recordkeeping requirements, ecosystem; (3) Monitoring and annually assessing Transportation. (2) Instream habitat restoration; populations and habitat conditions of (3) Unpaved range road stabilization; Regulation Promulgation (4) Removal or replacement of Okaloosa and brown darters, and water culverts for the purpose of road quality and quantity in the streams; and We amend part 17, subchapter B of (4) Establishing a public information decommissioning, improving fish chapter I, title 50 of the Code of Federal and education program and evaluating passage, or enhancing stream habitat; Regulations, as set forth below: its effectiveness. and PART 17—[AMENDED] (5) Scientific research and monitoring Required Determinations activities consistent with an approved Section 7 Consultation ■ 1. The authority citation for part 17 Okaloosa darter recovery plan, or continues to read as follows: otherwise approved by the Service, both A special rule under section 4(d) of on and off of Eglin AFB. the Act is included in this downlisting All other activities resulting in take of rule. The Service is not required to Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Okaloosa darter remain prohibited. consult on this rule under section 1531–1544; 16 U.S.C. 4201–4245; Public Law This special rule provides for the 7(a)(2) of the Act. The development of 99–625, 100 Stat. 3500; unless otherwise continued conservation of Okaloosa protective regulations for a threatened noted. darter by reducing the regulatory burden species are an inherent part of the ■ 2. Amend § 17.11(h) by revising the under the Act, and thereby encouraging section 4 listing process. The Service entry for ‘‘Darter, Okaloosa’’ under further recovery efforts on DOD lands. must make this determination ‘‘FISHES’’ in the List of Endangered and Minor adverse impacts to the Okaloosa considering only the ‘‘best scientific and Threatened Wildlife to read as follows: darter that are consistent with commercial data available.’’ A necessary provisions of this final 4(d) special rule part of this listing decision is also § 17.11 Endangered and threatened will not appreciably diminish the determining what protective regulations wildlife. likelihood of recovery of the Okaloosa are ‘‘necessary and advisable to provide * * * * * darter. for the conservation of [the] species.’’ (h) * * *

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Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

******* FISHES ......

******* Darter, Okaloosa ..... Etheostoma U.S.A. (FL) ...... Entire ...... T 6, 787 NA 17.44(bb) okaloosae.

*******

■ 3. Amend § 17.44 by adding a commit, or cause to be committed, any decommissioning, improving fish paragraph (bb) to read as follows: offense listed in this special rule. passage, or enhancing stream habitat. (2) The following activities, which (3) Scientific research and monitoring § 17.44 Special rules—fishes. may result in incidental take of the activities that may result in incidental * * * * * Okaloosa darter, are allowed on Eglin (bb) Okaloosa darter (Etheostoma Air Force Base (AFB), provided that the take of the Okaloosa darter are allowed, okaloosae). activities occur in accordance with provided these activities are consistent (1) Except as noted in paragraphs applicable Federal, State, and local with a Service-approved Okaloosa (bb)(2) and (bb)(3) of this section, all laws, and are consistent with a Service- darter recovery plan, or otherwise prohibitions of 50 CFR 17.31 and approved Integrated Natural Resources approved by the Service, whether those exemptions of 50 CFR 17.32 apply to the Management Plan by Eglin AFB and activities occur on or off of Eglin AFB. Okaloosa darter. with Eglin AFB’s Threatened and (4) Take caused by any activities not (i) No person may possess, sell, Endangered Species Component Plan: listed in paragraph (bb)(2) and (bb)(3) of deliver, carry, transport, ship, import, or (i) Prescribed fire for land this section is prohibited. export, by any means whatsoever, any management to promote a healthy Okaloosa darters taken in violation of ecosystem; Dated: March 21, 2011. this section or in violation of applicable (ii) Instream habitat restoration; Rowan W. Gould, State fish and wildlife conservation (iii) Unpaved range road stabilization; Acting Director, Fish and Wildlife Service. laws or regulations. and [FR Doc. 2011–7668 Filed 3–31–11; 8:45 am] (ii) It is unlawful for any person to (iv) Removal or replacement of attempt to commit, solicit another to culverts for the purpose of road BILLING CODE 4310–55–P

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