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Federal Register/Vol. 86, No. 109/Wednesday, June 9, 2021 30688 Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Rules and Regulations DEPARTMENT OF THE INTERIOR from which the maps are generated are present or threatened destruction, included in the administrative record modification, or curtailment of its Fish and Wildlife Service and are available at http:// habitat or range; (B) overutilization for www.regulations.gov at Docket No. commercial, recreational, scientific, or 50 CFR Part 17 FWS–R4–ES–2018–0092, and at the educational purposes; (C) disease or [Docket No. FWS–R4–ES–2018–0092; Raleigh Ecological Services Field Office predation; (D) the inadequacy of FF09E21000 FXES11110900000 212] (https://www.fws.gov/raleigh; street existing regulatory mechanisms; or (E) address provided above). Any other natural or manmade factors RIN 1018–BC28 additional tools or supporting affecting its continued existence. We have determined that habitat Endangered and Threatened Wildlife information that we developed for this degradation (Factor A), resulting from and Plants; Threatened Species Status critical habitat designation will also be available at the Fish and Wildlife the cumulative impacts of land use With Section 4(d) Rule for Neuse River change and associated watershed-level Waterdog, Endangered Species Status Service website and Field Office identified above, and may also be effects on water quality, water quantity, for Carolina Madtom, and Designations habitat connectivity, and instream of Critical Habitat included in the preamble and at http:// www.regulations.gov. habitat suitability, poses the largest risk AGENCY: Fish and Wildlife Service, FOR FURTHER INFORMATION CONTACT: Pete to the future viability of both species. Interior. Benjamin, Field Supervisor, U.S. Fish This stressor is primarily related to ACTION: Final rule. and Wildlife Service, Raleigh Ecological habitat changes: The buildup of fine Services Field Office, 551F Pylon Drive, sediments, the loss of flowing water, SUMMARY: We, the U.S. Fish and Raleigh, NC 27606; telephone 919–816– instream habitat fragmentation, and Wildlife Service (Service), list two 6408. Persons who use a impairment of water quality, and it is North Carolina species, the Carolina telecommunications device for the deaf exacerbated by the effects of climate madtom (Noturus furiosus) as (TDD) may call the Federal Relay change (Factor E). The Carolina madtom endangered, and the Neuse River Service at 800–877–8339. is also impacted by predation from waterdog (Necturus lewisi) as flathead catfish (Factor C). There are no SUPPLEMENTARY INFORMATION: threatened, under the Endangered existing regulatory mechanisms that Species Act of 1973 (Act), as amended. Executive Summary ameliorate or reduce these threats such that the species do not warrant listing We also issue a rule under section 4(d) Why we need to publish a rule. Under (Factor D). of the Act for the Neuse River waterdog, the Act, if we determine that a species to provide for the conservation of this Section 4(a)(3) of the Act requires the is an endangered or threatened species Secretary of the Interior (Secretary) to species. In addition, we designate throughout all or a significant portion of critical habitat for both species under designate critical habitat concurrent its range, we are required to promptly with listing to the maximum extent the Act. For the Carolina madtom, publish a proposal in the Federal approximately 257 river miles (mi) (414 prudent and determinable. Section Register and make a determination on 3(5)(A) of the Act defines critical habitat river kilometers (km)) fall within 7 units our proposal within one year. To the of critical habitat in Durham, as (i) the specific areas within the maximum extent prudent and geographical area occupied by the Edgecombe, Franklin, Granville, determinable, we must designate critical Halifax, Johnston, Jones, Nash, Orange, species, at the time it is listed, on which habitat for any species that we are found those physical or biological Vance, Warren, and Wilson Counties, determine to be an endangered or North Carolina. For the Neuse River features (I) essential to the conservation threatened species under the Act. of the species and (II) which may waterdog, approximately 779 river mi Whenever any species is listed as a (1,254 river km) fall within 18 units of require special management threatened species, the Secretary shall considerations or protections; and (ii) critical habitat in Craven, Durham, issue such regulations as he or she Edgecombe, Franklin, Granville, Greene, specific areas outside the geographical deems necessary and advisable to area occupied by the species at the time Halifax, Johnston, Jones, Lenoir, Nash, provide for the conservation of such Orange, Person, Pitt, Wake, Warren, it is listed, upon a determination by the species. In addition, the Secretary may Secretary that such areas are essential Wayne, and Wilson Counties, North by regulation prohibit with respect to Carolina. This rule extends the Act’s for the conservation of the species. any threatened species any act Section 4(b)(2) of the Act states that protections to these species and their prohibited under section 9(a)(1) of the designated critical habitats. the Secretary shall designate critical Act for endangered species. Listing a habitat on the basis of the best available DATES: This rule is effective July 9, species as an endangered or threatened scientific data after taking into 2021. species and designation of critical consideration the economic impact, ADDRESSES: This final rule is available habitat can only be completed by national security impact, and any other on the internet at http:// issuing a rule. relevant impact of specifying any www.regulations.gov. Comments and What this document does. This final particular area as critical habitat. materials we received, as well as some rule: (1) Lists the Carolina madtom as Economic analysis. In accordance supporting documentation we used in endangered, (2) designates critical with section 4(b)(2) of the Act, we preparing this rule, are available for habitat for the Carolina madtom, (3) lists prepared an economic analysis of the public inspection at http:// the Neuse River waterdog as threatened, impacts of designating critical habitat www.regulations.gov. All of the (4) issues a rule under section 4(d) of for the Carolina madtom and the Neuse comments, materials, and the Act for the Neuse River waterdog, River waterdog. We published the documentation that we considered in and (5) designates critical habitat for the announcement of, and solicited public this rulemaking are available at http:// Neuse River waterdog. comments on, the draft economic www.regulations.gov at Docket No. The basis for our action. Under the analyses (84 FR 23644; May 22, 2019). FWS–R4–ES–2018–0092. Act, we may determine that a species is We received no comments on the draft For the critical habitat designation, an endangered or threatened species economic analyses and adopted the the coordinates or plot points or both because of any of five factors: (A) The draft economic analyses as final. VerDate Sep<11>2014 18:54 Jun 08, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\09JNR2.SGM 09JNR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Rules and Regulations 30689 Peer review and public comments. Carolina madtom is an endangered substance of the prohibitions and the During the proposed rule stage, we species and the Neuse River waterdog is exceptions to those prohibitions, as sought the expert opinions of 11 a threatened species. included in the May 22, 2019, proposed appropriate specialists regarding the We received substantive comments on rule (84 FR 23644), has not changed. species status assessment report. We the proposed rule issued under section Summary of Comments and received responses from five specialists, 4(d) of the Act (‘‘4(d) rule’’) for the Recommendations which informed our determinations. Neuse River waterdog and the critical Information we received from peer habitat designations for both species. In the proposed rule published on review is incorporated into this final We have made changes to this rule as May 22, 2019 (84 FR 23644), and in the rule. We also considered all comments a result of the public comments we document published on July 30, 2020 and information we received from the received. We modified the language in (85 FR 45839) that reopened the public during two comment periods. the Neuse River waterdog 4(d) rule for comment period on the May 22, 2019, each exception for incidental take. In proposed rule, we requested that all Previous Federal Actions summary, we modified the exception for interested parties submit written Please refer to the proposed listing species restoration efforts by State comments on the proposals. We also and critical habitat rule (84 FR 23644; wildlife agencies to include monitoring, contacted appropriate Federal and State May 22, 2019) for the Carolina madtom which is necessary to determine the agencies, scientific experts and and Neuse River waterdog, and the success of captive propagation and organizations, and other interested document reopening the May 22, 2019, stocking efforts; for channel restoration parties and invited them to comment on proposed rule’s public comment period projects to add language that would the proposals. Newspaper notices (85 FR 45839; July 30, 2020), for require surveys for and relocation of inviting general public comment were detailed descriptions of previous Neuse
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