Vol. 78 Thursday, No. 163 August 22, 2013 Part V Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Diamond Darter (Crystallaria cincotta); Final Rule VerDate Mar<15>2010 17:23 Aug 21, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\22AUR3.SGM 22AUR3 tkelley on DSK3SPTVN1PROD with RULES3 52364 Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Rules and Regulations DEPARTMENT OF THE INTERIOR Virginia Field Office (see ADDRESSES conclusions, and they provided section). If you use a additional information, clarifications, Fish and Wildlife Service telecommunications device for the deaf and suggestions to improve this final (TDD), call the Federal Information rule. The information we received from 50 CFR Part 17 Relay Service (FIRS) at 800–877–8339. the peer review process is incorporated [Docket No. FWS–R5–ES–2013–0019; SUPPLEMENTARY INFORMATION: in this final revised designation. We 4500030114] also considered all comments and Executive Summary information received from the public RIN 1018–AZ40 Why we need to publish a rule. This during the comment periods and is a final rule to designate critical incorporated those comments, as Endangered and Threatened Wildlife habitat for the diamond darter. Under appropriate, into this final rule. and Plants; Designation of Critical the Endangered Species Act of 1973, as Previous Federal Actions Habitat for the Diamond Darter amended (16 U.S.C. 1531 et seq.) (Act), (Crystallaria cincotta) we must designate critical habitat, to the The diamond darter was first AGENCY: Fish and Wildlife Service, maximum extent prudent and identified as a candidate for protection Interior. determinable, for any species we under the Act in the November 9, 2009, Federal Register (74 FR 57804). As a ACTION: Final rule. determine to be endangered or threatened. Designation of critical candidate, it was assigned a listing SUMMARY: We, the U.S. Fish and habitat can only be completed by priority number (LPN) of 2. Candidate Wildlife Service (Service), designate issuing a rule. species are assigned LPNs based on the critical habitat for the diamond darter We listed the diamond darter as an magnitude and immediacy of threats (Crystallaria cincotta), a small fish in endangered species on July 26, 2013 (78 and their taxonomic status. The lower West Virginia, under the Endangered FR 45074). On July 26, 2012, we the LPN, the higher the priority is for Species Act (Act). In total, published in the Federal Register a determining appropriate action for the approximately 197.1 river kilometers proposed critical habitat designation for species using our available resources. (122.5 river miles) in Kanawha and Clay the diamond darter (77 FR 43906). An LPN of 2 reflects that the threats to Counties, West Virginia, and Edmonson, This rule consists of: A final rule to the diamond darter are both imminent Hart, and Green Counties, Kentucky, are designate critical habitat for the and high in magnitude. It also reflects being designated as critical habitat. The diamond darter. Section 4(b)(2) of the the taxonomic classification of the effect of this regulation is to designate Act states that the Secretary shall diamond darter as a full species. We critical habitat for the diamond darter designate critical habitat on the basis of retained the LPN of 2 in our subsequent under the Act. the best available scientific data after Notices of Review dated November 10, DATES: This rule becomes effective on taking into consideration the economic 2010 (75 FR 69222), and October 26, September 23, 2013. impact, national security impact, and 2011 (76 FR 66370). On July 26, 2012 any other relevant impact of specifying (77 FR 43906), we published a proposed ADDRESSES: This final rule is available any particular area as critical habitat. rule to list the diamond darter as on the Internet at http:// Here we are designating, in total, endangered. On July 26, 2013 (78 FR www.regulations.gov and at the West approximately 197.1 river kilometers 45074), we published a final rule to list Virginia Field Office. Comments and (km) (122.5 river miles (mi)) as critical the diamond darter as endangered. materials received, as well as supporting habitat for the species. The critical documentation used in the preparation habitat is located in Kanawha and Clay Background of this rule, are available for public Counties, West Virginia, and in The diamond darter is a small fish inspection, by appointment, during Edmonson, Hart, and Green Counties, that is a member of the perch family normal business hours at: U.S. Fish and Kentucky. (Percidae). The diamond darter is Wildlife Service, West Virginia Field We have prepared an economic overall translucent and is a silvery Office, 694 Beverly Pike, Elkins, West analysis of the designation of critical white on the underside of the body and Virginia 26241. The Field Office can be habitat. We have prepared an analysis head. It has four wide, olive-brown reached by telephone 304–636–6586 or of the economic impacts of the critical saddles on the back and upper side by facsimile 304–636–7824. habitat designation and related factors. (Welsh et al. 2008, p. 1). Diamond The coordinates or plot points or both We announced the availability of the darters are most active during the night from which the critical habitat maps are draft economic analysis (DEA) in the and may stay partially buried in the generated are included in the Federal Register on March 29, 2013 (78 stream substrates during the day (Welsh administrative record for this critical FR 19172), allowing the public to 2008, p. 10; Welsh 2009c, p. 1). Adult habitat designation and are available at provide comments on our analysis. We diamond darters are benthic http://www.fws.gov/ have incorporated the comments and invertivores, feeding primarily on westvirginiafieldoffice, have completed the final economic stream bottom-dwelling invertebrates www.regulations.gov at Docket No. analysis (FEA) concurrently with this (NatureServe 2008, p. 8). The diamond FWS–R5–ES–2013–0019, and at the final determination. darter was historically distributed West Virginia Field Office (see FOR Peer review and public comment. We throughout the Ohio River Basin FURTHER INFORMATION CONTACT). Any sought comments from independent including the Muskingum River in additional tools or supporting specialists to ensure that our Ohio; the Ohio River in Ohio, Kentucky, information that we developed for this designation is based on scientifically and Indiana; the Green River in critical habitat designation are also sound data and analyses. We asked Kentucky; and the Cumberland River available at the U.S. Fish and Wildlife knowledgeable individuals with the Drainage in Kentucky and Tennessee. Service Web site and Field Office set out scientific expertise to review our The diamond darter has been extirpated above, and may also be included at technical assumptions, analysis, and from all these streams and is now www.regulations.gov. whether we had used the best available known to occur only within the lower FOR FURTHER INFORMATION CONTACT: John data. These peer reviewers generally Elk River in West Virginia. More Schmidt, Acting Field Supervisor, West concurred with our methods and detailed information on the diamond VerDate Mar<15>2010 17:23 Aug 21, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\22AUR3.SGM 22AUR3 tkelley on DSK3SPTVN1PROD with RULES3 Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Rules and Regulations 52365 darter, including its taxonomy, species (1) They concurred with the proposed Section 3(5) of the Act requires the description, and current and historical critical habitat designation; (2) the Service to specify the ‘‘specific areas’’ distribution, and a summary of its life proposed rule appropriately designated within the geographical area occupied history and habitat can be found in the the lower 45 km (28 mi) of the Elk River by the species at the time of listing that final listing rule published on July 26, as critical habitat; and (3) scientific are essential to the species’ conservation 2013 (78 FR 45074). evidence provided in the proposed rule or those areas outside the geographical supported our conclusion that this reach areas occupied by the species at the Summary of Comments and of river is needed to protect the only time of listing that are essential for the Recommendations remaining population of the diamond species’ conservation. Therefore, we We requested written comments from darter. One peer reviewer also have designated critical habitat based on the public on the proposed designation commented that the reach of the Green the best available data at this time. of critical habitat for the diamond darter River proposed for unoccupied critical In both our proposed and final critical during two comment periods. The first habitat was a logical choice for habitat designation for the Elk River, we comment period opened with the designation, in that it was more likely included some areas upstream and publication of the proposed rule (77 FR than any other historical habitat to offer downstream of known capture locations 43906) on July 26, 2012, and closed on the potential for reestablishment of a that have suitable habitat for the September 25, 2012. In a notice second population of the diamond species. These areas are contiguous with published on March 29, 2013 (78 FR darter. Another peer reviewer suggested known and documented capture sites, 19172), we also requested comments on that additional areas should be have similar habitat characteristics, the proposed critical habitat designation designated as critical habitat. have no barriers to dispersal, and are and associated DEA during a comment (1) Comment: The only known within general darter dispersal period that opened March 29, 2013, and collection of a young diamond darter capabilities.