Threatened Species Status for the Pearl Darter
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Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 43885 Required Determinations Internet at http://www.regulations.gov at Code of Federal Regulations, as set forth Docket No. FWS–R1–ES–2016–0057 and below: National Environmental Policy Act (42 upon request from the Pacific Islands U.S.C. 4321 et seq.) Fish and Wildlife Office (see FOR PART 17—ENDANGERED AND We have determined that FURTHER INFORMATION CONTACT). THREATENED WILDLIFE AND PLANTS environmental assessments and environmental impact statements, as Authors ■ 1. The authority citation for part 17 defined under the authority of the The primary authors of this final rule continues to read as follows: National Environmental Policy Act are the staff members of the Pacific Authority: 16 U.S.C. 1361–1407; 1531– (NEPA; 42 U.S.C. 4321 et seq.), need not Islands Fish and Wildlife Office. 1544; 4201–4245; unless otherwise noted. be prepared in connection with listing a species as an endangered or List of Subjects in 50 CFR Part 17 ■ 2. In § 17.11(h), add an entry for ‘‘Iiwi threatened species under the (honeycreeper)’’ to the List of Endangered Species Act. We published Endangered and threatened species, Endangered and Threatened Wildlife in a notice outlining our reasons for this Exports, Imports, Reporting and alphabetical order under BIRDS to read determination in the Federal Register recordkeeping requirements, as set forth below: on October 25, 1983 (48 FR 49244). Transportation. § 17.11 Endangered and threatened References Cited Regulation Promulgation wildlife. A complete list of references cited in Accordingly, we amend part 17, * * * * * this rulemaking is available on the subchapter B of chapter I, title 50 of the (h) * * * Listing citations and Common name Scientific name Where listed Status applicable rules ******* BIRDS ******* Iiwi (honeycreeper) ......... Drepanis coccinea ........ Wherever found ............ T 82 FR [Insert Federal Register page where the document begins], 9/20/2017. ******* Dated: August 23, 2017. this species to the List of Endangered Executive Summary James W. Kurth and Threatened Wildlife. Why we need to publish a rule. Under Acting Director, U.S. Fish and Wildlife DATES: This rule becomes effective the Endangered Species Act of 1973, as Service. October 20, 2017. amended (Act, 16 U.S.C. 1531 et seq.), [FR Doc. 2017–20074 Filed 9–19–17; 8:45 am] if we determine that a species is an ADDRESSES: BILLING CODE 4333–15–P This final rule is available endangered or threatened species on the internet at http:// throughout all or a significant portion of www.regulations.gov in Docket No. its range, we are required to promptly DEPARTMENT OF THE INTERIOR FWS–R4–ES–2016–0037 and on the publish a proposal in the Federal Mississippi Field Office Web site at Fish and Wildlife Service Register and make a determination on https://www.fws.gov/mississippiES/. our proposal within 1 year. Listing a Comments and materials we received, as 50 CFR Part 17 species as an endangered or threatened well as supporting documentation we species can only be completed by [Docket No. FWS–R4–ES–2016–0037; used in preparing this rule, are available issuing a rule. We published a proposed 4500030113] for public inspection at http:// rule to add the pearl darter (Percina www.regulations.gov and by aurora) to the List of Endangered and RIN 1018–BB55 appointment, during normal business Threatened Wildlife in title 50 of the hours at: U.S. Fish and Wildlife Service, Code of Federal Regulations (50 CFR Endangered and Threatened Wildlife Mississippi Ecological Services Field 17.11(h)) as threatened on September and Plants; Threatened Species Status Office, 6578 Dogwood View Parkway, 21, 2016 (81 FR 64857). for Pearl Darter Jackson, Mississippi 39213, by What this document does. This rule AGENCY: Fish and Wildlife Service, telephone 601–321–1122 or by facsimile will finalize the listing of the pearl Interior. 601–965– 4340. darter as a threatened species. ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: The basis for our action. Under the Stephen Ricks, Field Supervisor, U.S. Act, we may determine that a species is SUMMARY: We, the U.S. Fish and Fish and Wildlife Service, Mississippi an endangered or threatened species Wildlife Service (Service), determine Ecological Services Field Office, 601– based on any of five factors: (A) The threatened species status under the 321–1122. Persons who use a present or threatened destruction, Endangered Species Act of 1973 (Act), telecommunications device for the deaf modification, or curtailment of its as amended, for the pearl darter (Percina habitat or range; (B) overutilization for (TDD) may call the Federal Relay aurora), a fish whose historical range commercial, recreational, scientific, or Service at 800–877–8339. includes Mississippi and Louisiana. The educational purposes; (C) disease or effect of this regulation will be to add SUPPLEMENTARY INFORMATION: predation; (D) the inadequacy of VerDate Sep<11>2014 17:10 Sep 19, 2017 Jkt 241001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM 20SER1 sradovich on DSKBBY8HB2PROD with RULES 43886 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations existing regulatory mechanisms; or (E) into this final determination or is (3) Comment: One peer reviewer other natural or manmade factors addressed in the more specific response stated that increased demand for water affecting its continued existence. We to comments below. withdrawal by industry and have determined that water quality municipalities should be considered an Peer Reviewer Comments decline from point and nonpoint source additional threat to the species in the pollution continues to impact portions In accordance with our peer review Pascagoula drainage. The reviewer of this species’ habitat. In addition, policy published on July 1, 1994 (59 FR stated that this activity will be a geomorphology changes attributed to 34270), we solicited expert opinion continuing threat for all aquatic historical sand and gravel mining from three individuals with scientific resources as coastal populations grow operations within the drainage are expertise that included familiarity with and industrial needs expand. The considered an ongoing threat. This pearl darter and its habitat, biological commenter cited the 2006 proposed species has been extirpated from the needs, and threats. We received Richton Salt Dome as an example of Pearl River watershed and is confined responses from all three of the peer water withdrawal posing a threat to the today to the Pascagoula River basin reviewers. pearl darter. where the species’ small population We reviewed all comments received Our Response: We agree that water size, scattered locations, and low from the peer reviewers for new withdrawal from the Pascagoula genetic (allelic) diversity increase its substantive information regarding the drainages could have an impact on the vulnerability to extirpation from listing of the pearl darter. The peer ecological health of the system and catastrophic events. reviewers generally concurred with our potentially impact the pearl darter. Peer review and public comment. We methods and conclusions and provided However, at this time, we have no sought comments from independent additional information, clarifications, information to indicate that increased specialists to ensure that our and suggestions to improve the final demand for water withdrawal by determination was based on rule. Where appropriate, we industry and municipalities currently scientifically sound data, assumptions, incorporated new information into the poses a threat to the pearl darter, and we and analyses. We invited these peer final rule as a result of the peer reviewer note that the peer reviewer did not reviewers to comment on our listing comments, including new survey identify any specific active projects. The proposal. We also considered all information. Other substantive peer Richton Salt Dome project cited by the comments and information received reviewer comments are below. peer reviewer, which at one time was a from the public during the comment (1) Comment: One peer reviewer concern, was terminated and removed period. suggested our statement that the species from the Department of Energy’s budget was extirpated from the Pearl River in 2011. Previous Federal Action drainage was premature, since surveys (4) Comment: One peer reviewer Please refer to the September 21, in that system were ongoing, and stated that there was no information to 2016, proposed listing rule (81 FR cautioned that a final listing decision indicate there has been a decline in 64857) for a detailed description of should be withheld until surveys were pearl darter abundance in the Bouie previous Federal actions concerning this completed. River and Black Creek and, particularly, species. Our Response: While upper Pearl no information attributing any declines River basin surveys for the pearl darter to sedimentation and unstable banks. Background were completed in 2011 (Schaefer and These areas have historically had few For a more detailed discussion of the Mickle 2011), surveys for the darter in specimens of darter and have not been taxonomy, biology, status, and threats the lower Pearl River drainage were thoroughly surveyed. affecting the species, please refer to the only completed by the Mississippi Our Response: We agree that there are proposed listing rule. In the proposed Department of Wildlife, Fisheries, and inadequate data and a lack of thorough