KANSAS DEPARTMENT OF WILDLIFE, PARKS AND TOURISM Petition for Species Review (submit by May 31, 2018) Endangered/ Threatened/Species-in-Need-of-Conservation Status

Kansas recognizes rare or declining species by state listing to categories of Endangered*, Threatened**, or Species-in-Need-of-Conservation (SINC)*** (K.A.R. 115-15-1 and 2). Every 5 years these lists are reviewed as required by statute (K.S.A. 32-960). A Threatened and Endangered Species Task Committee oversees the process and makes listing recommendations to the Secretary of Kansas Department of Wildlife, Parks & Tourism (KDWPT) based on best available science. Any changes to these lists must be approved by the KDWPT Commission.

A review regarding a listing, delisting, uplisting or downlisting of Kansas wildlife regarding the above categories is initiated via a petitioning process. To submit a petition for review, please fully complete the requested information attached below. Petitioners are strongly encouraged to provide all substantive biological information with cited references to aid in the review. A completed petition is no guarantee that the listing request will merit a full review unless the scientific information in the petition is deemed sufficient to merit a full review.

At the request of the KDWPT Secretary, the Threatened and Endangered Species Task Committee will evaluate all completed petitions and determine if there is sufficient information to justify a full review of the petitioned status change. If the species is accepted for further review, there will be public information meetings conducted in regard to the listing change.

All petitioning documents pertaining to the species under full review will be made available to the public at a local repository, regional KDWPT office and KDWPT website. A notice of the proposed action will also be sent to federal and state agencies and local and tribal governments that may be affected by the petitioned species, and to all individuals and organizations that have requested notification. KDWPT will issue news releases concerning the proposed species listing change. In addition, individual petitions and substantiating data will be distributed to and evaluated by: 1) academia, 2) wildlife agency personnel, 3) other professionals, 4) other resource agencies (state and federal) and 5) nonprofessionals who have known expertise/experience with the petitioned species. This entire process, from petition to final vote by the commission, has taken as long as 18 months.

Questions concerning the petitioning and review process should be directed to Edwin J. Miller, Endangered Species Specialist, KDWPT, 5089 CR 2925, Independence, KS 67301 ([email protected]).

Completed “Petition for Species Review” forms should be sent to the Office of the Secretary of Kansas Department of Wildlife, Parks and Tourism (see page 4).

Current members of Threatened and Endangered Species Task Committee: Mark Eberle, Elmer Finck, David Haukos, Bill Jensen, Edwin Miller, Mark Shaw, and Sarah Zukoff

* Endangered Species: any species of wildlife whose continued existence as a viable component of the state’s wild fauna is determined to be in jeopardy (KSA 32-958c).

**Threatened Species: any species of wildlife which appears likely, within the foreseeable future, to become an endangered species (KSA 32- 958f).

***Species-in-Need-of-Conservation: (SINC) any species which are highly specialized, whose habitat is very limited in Kansas, or shows a population decline that warrants data collection concerning its status in Kansas. Conservation efforts focused on this species can prevent future listing as threatened or endangered. This listing is not defined in the Kansas Statutes.

Species Common Name: Darter

Species Scientific Name: cragini

Currently listed as: ___ Endangered ___X Threatened ___Species-In-Need-of-Conservation (SINC) ___ not listed Petitioned to: ___ Endangered ___ Threatened ___SINCX ___ not listed

Note to petitioner: Feel free to expand the blanks below to add sufficient information. When completed, please convert Word document to a pdf prior to submitting.

1) List the survey/research information that has occurred since the last 5-year review (2013) that has prompted your petition to change the listing category of this species.

2015 KDWPT conducted a statewide survey regarding the status of the Arkansas Darter after the 2010-2012 drought conditions. This was concurrent with data compilation from other states occurring within the range of the Arkansas Darter for the Species Status Assessment conducted by the USFWS.

2) a. Provide a map of the species’ current distribution in Kansas and range wide. See attached below b. Is the Kansas population considered connected with the population in an adjoining state? Yes ______X No ______Don’t know ______except

c. If no, what is the distance to the nearest out-of-state population? ______

d. Is the Kansas population genetically distinct from the core population in other states? Yes _____ No ______Don’t know ______X See attachment below

Cite references:

-2015 Arkansas Darter Survey Database. KDWPT, Ecological Services Section -1994-2017 Stream Survey Program Database. KDWPT, Ecological Services Section -Preliminary Arkansas Darter Genetic Analyses, Sarah Fitzpatrick PhD, Michigan State University. -U.S. Fish and Wildlife Service. 2016. Species Status Assessment for Arkansas Darter (Etheostoma cragini) 98pp

3) How and to what magnitude has the species’ distribution changed within Kansas during the past 35 years?

The Arkansas Darter is found in all HUC 12 watersheds that it occurred in 1983 except two of these HUC 12 watersheds. These two watersheds are dry so all fish species have disappeared from these watersheds. Before 1983, 98 site records, after 1983, 903 site records. Before 1983 found in 43 HUC12 watersheds, after 1983 found in 156 HUC12 watersheds. A significant range extension was discovered in 2006 in the North Fork Walnut Creek of Ness County.

Globally?

Missouri – consistent, Arkansas – a couple historical sites not found, several new locations discovered, – some historical sites no longer found in northeast, northwest populations are moving from drying tributaries and utilizing the now smaller Cimarron River as habitat. Colorado – historical sites lost due to no water, increased and maintained locations due to repatriation and reintroduction efforts.

Cite references:

U.S. Fish and Wildlife Service. 2016. Species Status Assessment for Arkansas Darter (Etheostoma cragini) 98pp

4) Describe the species’ population (not distribution) trend within Kansas during the past 35 years.

Populations have disappeared where there is no longer any groundwater base flow. Populations have maintained redundancy where there is refugia areas to utilize. Populations have increased in higher order streams that have connectivity to tributaries containing Arkansas Darters.

Globally?

Missouri – stable, Arkansas – maintaining, increasing at some sites with BMPs. Oklahoma – (northeast) found in low numbers (northwest) maintaining with low sample numbers. Colorado – Native populations have decreased although repatriation and reintroductions from native fish hatchery have maintained or increased populations in certain areas.

Cite references:

U.S. Fish and Wildlife Service. 2016. Species Status Assessment for Arkansas Darter (Etheostoma cragini) 98pp

5) a. What is the Global Rank of this species from NatureServe? (http://natureserve.org/) G3G4 b. What is species status and trend on ICUN Red List? (http://www.iucnredlist.org/) Near Threatened c. What proportion of the species’ global population is currently found within Kansas? 60%

6) What is the species’ current residency status within Kansas (vagrant, migrant, wintering, or year-round)? Year-round

7) Describe the species’ current breeding status within Kansas. Age-1 fish are reproductively viable, spawning occurs in April-May before water temperature reaches 17-18 degrees Celsius. Eggs will be buried in open areas of sand or silt and then hatched in nine days in water temps of 15-16 degrees Celsius. Second spawns have been known to occur.

Cite references:

-Kansas Fishes Committee. 2014. Kansas Fishes. University Press of Kansas, Lawrence -U.S. Fish and Wildlife Service. 2016. Species Status Assessment for Arkansas Darter (Etheostoma cragini) 98pp

8) Describe the species’ habitat requirements:

This species occurs most often in shallow sand or pebble bottom glides of small spring fed streams with visible velocity and marshes in contact with cool water from groundwater sources. Other observed habitats include slight undercut banks with overhanging, submerged, or floating aquatic vegetation with little to no overhead canopy cover. This species is also tolerant to periods of poor water quality conditions such as high water temperatures, low dissolved oxygen, high turbidity, hyper-eutrophication, and silt substrates.

Cite references:

-Kansas Fishes Committee. 2014. Kansas Fishes. University Press of Kansas, Lawrence -U.S. Fish and Wildlife Service. 2016. Species Status Assessment for Arkansas Darter (Etheostoma cragini) 98pp

9) Discuss the species’ degree of specialization with regard to habitat, food, or other life history factors.

None

10) Discuss the species’ sensitivity to environmental contaminants and disease, if any, including known potential problems:

None

11) To what degree is this species currently vulnerable to consumptive and/or commercial use in Kansas, and what relationship does that use have on its total population?

None

12) What are the current and imminent threats to the species in Kansas? Please list in priority order with the highest-ranked threat first.

1. Lack of water (loss of base flow and groundwater connectivity) 2. Woody encroachment and lack of riparian management (fire or mechanical) 3. Instream structures (dams, perched box culverts/bridges, perched tube culverts, improper grade structures) restrict downstream movement during drought conditions and then restrict upstream movement after drought conditions have returned to normal seasonal conditions. 4. Non-native and native piscivorous predator species occupying deeper refugia areas in times of drought conditions.

Cite references:

Ryan Waters personal observation range-wide (2015)

13) a. What is the recovery potential of this species?

Excellent ______Good ______X Fair ______Poor _____ Unlikely _____ Explain: From observations in 2015, after the drought of 2010-2012, the Arkansas Darter was collected in long segments of stream that had gone dry for a few months annually during those years and continues to this day. Both adults and juveniles were collected in these segments. With minimal refugia, this species is able to recolonize if the habitat, which is water, is available. Within streams that had gone dry, the Arkansas Darter was usually the first native species to recolonize a stretch of creek when water returned. The initial species to appear was the Western Mosquitofish Gambusia affinis. The Best Management Practice of removing trees along a small order urban stream in Arkansas indicated a substantial increases of Arkansas Darter numbers. Colorado Division of Wildlife has had success propagating and repatriation of the Arkansas Darter. Kansas has built the Kansas Aquatic Biodiversity Center, therefore propagation of this species is available if necessary.

b. List any conservation actions that are currently addressing the needs of this species.

See attachment at end of this document

c. List any pending conservation actions that might improve the status of this species. -Finalization of the Kansas Aquatic Biodiversity Center -Modification of the Kingman City dam on the South Fork Ninnescah River -Removal of the Camp Mennoscah Dam on the South Fork Ninnescah River -Modification of the perched sewer lines in south Wichita on the Arkansas River -Removal of the 21st Street Dam in Wichita on the Arkansas River -Study of fish movement through the I-235 tubes, Arkansas River in Wichita -Future landowner incentives for red cedar removal projects, Red Hills ecoregion region -Landowner incentive programs for riparian management with emphasis on small order streams. -Beals Healthy Streams Initiative, The Nature Conservancy, Rattlesnake Creek and Red Hills ecoregion

14) Summarize your reasons for requesting a review of this species:

At the time of listing of this species in 1978 there were 76 recorded collections of the Arkansas Darter. Since 1978 there have been over 1,066 recorded collections. The Arkansas Darter is found in all HUC12 watersheds where it occurred in 1983 except two. These two watersheds are now dry so all fish species have disappeared from these watersheds. Before 1983, 98 site records, after 1983, 1,031 site records. Before 1983, found in 43 HUC12 watersheds, after 1983 found in 156 HUC12 watersheds. The Species Status Assessment conducted by the USFWS in 2016 determined that the Arkansas Darter population was stable in Kansas and across its range so it did not warrant federal listing. Stream Survey Program data indicates that the Arkansas Darter is the sixth most abundant native species where it is observed in its HUC10 watershed area in South-central Kansas. Through the efforts of the Ecological Services Stream Survey Program, universities, and other entities research and documentation, there is substantial data to scientifically down-list the Arkansas Darter.

From 1994-2017 the KDWPT Stream Survey Program surveys have collected 16,092 Arkansas Darters. The Species Status Assessment survey of the Arkansas Darter by the Stream Survey Program in 2015 collected 7,173 individuals. As by-catch from a Pelagic Species target survey the Stream Survey Program conducted in 2016-2017, 630 Arkansas Darters were collected. Total collections of the Arkansas Darter by KDWPT Stream Survey Program is 23,895 individuals.

15) Describe your expertise/experience with the species you are petitioning.

I have been part of the KDWPT Stream Survey Program for 25 years surveying all species of fish statewide. Since it’s a survey of the entire fish community, you have to be able to recognize and become familiar with the species best, marginal, and worse habitats. Anywhere this darter was historically found and there is water currently present, this fish has always been part of our surveys.

In 2015, after the historic drought, we surveyed approximately six months and many long days traveling statewide collecting presence, absence, abundance, and genetic data of the Arkansas Darter. Knowledge gained in the six months was utilized to help find Arkansas Darter in areas that hadn’t been found in 40 years. We learned that it was necessary to survey stream reaches in late spring before they went dry to collect age-0 Arkansas Darters. We were able to determine the best areas to look for Arkansas Darters on the High Plains of Ness County, as well as how to collect them in the smallest of micro-habitats available in big rivers such as the Arkansas River. Additionally, we were able to collect them in totally different habitats from the sandy streams in South-central Kansas to the rocky Ozark region of Southeast Kansas streams. Also, observed the Arkansas Darter and how they exhibit generalist types of behaviors in marginal habitats and are tolerant of many environmental conditions. Utilizing this knowledge enabled us to look for Arkansas Darters in areas where the species was not normally observed nor had been documented.

Of the 23,895 Arkansas Darters observed by the KDWPT Stream Survey Program, I have probably been part of handling 23,616 of them.

The Stream Survey Program has 24 years of protocoled stream survey data on the Arkansas Darter consisting of many basin and rare fish surveys conducted within the Arkansas Darter range. We also have collection permit data from other entities who have submitted Arkansas Darter data in their final reports. There is also countless anecdotal Arkansas Darter data from permit review sites, aquatic education, or basic encounters.

Note on citations: It is not necessary to provide extensive literature citations, however, any pertinent data is helpful in determining species status. Feel free to attach any information you may have pertaining to the status or biology of this species that will help in its review.

If there is insufficient space for your reply to any of the informational requests, attach extra sheets. Be sure to reference your attached material to the appropriate numbered questions.

The currently-listed Kansas species can be found at: http://ksoutdoors.com/Services/Threatened-and-Endangered-Wildlife/Kansas-Threatened-and- Endangered-Species-Statewide (threatened and endangered list)

http://ksoutdoors.com/Services/Threatened-and-Endangered-Wildlife (SINC list)

Petitioner(s):

Name: Ryan Waters – KDWPT - Ecological Services Section – Stream Survey Program Address: 512 SE 25th Ave. City: Pratt State Kansas Zip 67124 Phone: 620-672-5911 e-mail: [email protected]

Send fully completed petition to (deadline is May 31, 2018): [email protected] or

Kansas Department of Wildlife, Parks & Tourism Attn: ESS 512 SE 25th Ave Pratt, KS 67124-8174

2) a. Provide a map of the species’ current distribution in Kansas and range wide.

Kansas Current Arkansas Darter Range 2013 – 2017 Records Arkansas Darter Range Wide Distribution

2) d. Is the Kansas population genetically distinct from the core population in other states? Preliminary genetic results

13) b. List any conservation actions that are currently addressing the needs of this species.

Occurred: • Originally Listed as a Threatened Species in Kansas in 1978 • Recovery Plan for the Arkansas Darter (2002) Critical Habitat Designation: Main stem of the North Fork Ninnescah River on the Stafford/Reno County line (Sec. 31-T24S-R10W) to its confluence with South Fork Ninnescah River in Sedgwick County (Sec. 36-T28S-R4W).

The main stem of the South Fork Ninnescah River on the Sedgwick/Kingman County line (Sec. 19-T28S-R4W) to the confluence with the North Fork Ninnescah River (Sec. 36- T34S-R4W) in Sedgwick County.

That reach of the main stem of the Spring River from the Kansas-Missouri border in Cherokee County (Sec. 1-T33S- R25E) to where it crosses SE Lostine Road (Sec. 3-T34S- R25E).

Numerous perennial spring-fed reaches of named and unnamed streams south of the Arkansas River within Barber, Clark, Comanche, Cowley, Harper, Kingman, Kiowa, Meade, Pratt, Reno, Rice, Sedgwick, Seward, and Stafford counties

• Lincoln Street Dam fish ladder (2012) When the Lincoln Street bridge and dam was being replaced, KDWPT advocated and provided some funding for a fish passage in the new dam to promote habitat-enhancing efforts on the Arkansas River. A functional fish passage design was developed, with critical swimming speeds of imperiled fishes in mind, to allow passage of the Arkansas Darter and four other listed fishes.

• Private Landowner Incentive Programs Landowner Incentive Program and State Wildlife Grant Programs Provided cost share incentives for the removal of invasive eastern red cedar trees in riparian and upland areas within watersheds where Arkansas Darter critical habitat occurs. The removal of trees has helped increase stream flow in these areas. The rapid transformation of grassland to woodland alters the hydrological function and has potential to reduce soil water, streamflow and flow duration of ephemeral streams in Southern Great Plains (Zou et al, 2014).

• Ecological Review of proposed projects for impacts to the Arkansas Darter Per the KNESCA mentioned above, the department has provided recommendations or required permits to avoid, minimize, or mitigate any impacts to Arkansas Darter critical habitat.

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In Process: A permit and review system is administered by the Kansas Department of Wildlife, Parks and Tourism Ecological Services Section. This allows the critical review of projects potentially affecting Arkansas Darter habitats and the project described in applications may be accepted, modified or revoked. The section provides recommendations or require permits to avoid, minimize, or mitigate any impacts to Arkansas Darter critical habitat from publicly funded or permitted projects. Other actions may trigger various permit requirements of other agencies, especially actions allowing for discharge, dam construction, stream alteration or flood plain development. Most significant of agencies involved is the Division of Water Resources of the State Board of Agriculture. Permit applications through this office are sent out to be reviewed by KDWPT as a result of the Water Projects Coordination Act, which was designed to simplify the state overall permitting systems and allow fish and wildlife interest review. Projects identified as potentially impacting a threatened or endangered species would require appropriate permits as well from KDWPT.

State Wildlife Action Plan (SWAP) Within each ecoregion of the SWAP plan, geographically explicit areas have been defined to address conservation. These Ecological Focus Areas (EFA) represent landscapes that can be applied for maximum benefits to wildlife. These areas also contain aquatic habitats and includes all of the Arkansas Darter range in Kansas. The Arkansas Darter will be included as a Tier I species in this action plan.

Bluff Creek Fish Passage in Comanche County USFWS and KDWPT are providing technical assistance as well as financial assistance to Comanche County for a fish passage project with potential to impact Arkansas Darter critical habitat. The county designed a stream crossing consisting of 3 culverts; however, with the FWS and KDWPT assistance they are redesigning the crossing by removing the culvert design and replacing the crossing with a span bridge structure. Should be completed in 2017

KDWPT has several MOU’s with other agencies, notably the Kansas Department of Transportation, which aids in the identification of road and bridge projects in areas with threatened or endangered species.

Cheney Lake Watershed WRAPS group working to improve water quality and implement watershed restoration in the North Fork Ninnescah River HUCs have identified benefits through their actions to the Arkansas Darter. BMP’s such as alternative watering sources and keeping land in CRP out of row crop production by having cost share for fencing are a couple examples of conservation action to benefit the darter.

The Conservation Reserve Enhancement Program (CREP) is working to conserve ground water resources along the entire Arkansas River corridor in western Kansas through the retirement of some water rights in the hopes of returning minimum desirable stream flows to the Great Bend and Kinsley gauging stations. These conservation efforts along with an identified area of priority along the Rattlesnake Creek could potentially have effects to return base stream flows to facilitate the conservation of the Arkansas Darter.

An ongoing twenty-three year stream survey and assessment program and stream survey database with data all conducted with the same REMAP sampling protocols currently consisting of 347 surveys within the Arkansas Darter HUC12 range with 239 survey locations containing Arkansas Darter records.

Planned: •Kingman City dam renovation. •Continuous rotational monitoring of specific survey sites across Kansas including some within the Arkansas Darter range. •Construction of the Kansas Aquatic Biodiversity Center hatchery in Farlington, Kansas to propagate species in need of conservation, and Kansas threatened and endangered species.

A synopsis of any standardized, or recent monitoring/sampling activities that occur on a periodic or occasional basis.

Arkansas Darters have been monitored for nine continuous years as part of bridge, highway, and bank modification project involving a new four-lane highway construction. Standardized REMAP fish sampling protocols are being used to examine the fish community at six locations. Summer of 2016 will be the last year.

As part of the CREP initiative, monitoring of a location on the Arkansas River in Barton County for the last seven years and in the last two years we have collected for the first time, four Arkansas Darters in 2014, then 48 in 2015. There will be seven more years of an annual survey at this location using REMAP standardized protocols.

Summer of 2015 Kansas Wildlife, Parks and Tourism collected 7,178 Arkansas Darters at 222 locations across their Kansas range.

Arkansas Darter data available from scientific and educational collection reports submitted annually.

Anecdotal data collected from aquatic education classes annually and project site review assessments.

Three year basin studies in both the Upper Arkansas River/Cimarron River Basin (1999-2001) and the Lower Arkansas River Basin (2002-2004) covered much of the Arkansas Darters western and south-central core range. These surveys have a set REMAP protocols that are easily repeatable if need be. We are also able to determine population densities by a timed catch per unit effort or by densities per square meter catch per unit effort. These protocols also examine physical habitat, fish cover, water quality, and human disturbances.