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Determination of Endangered Status for the Sharpnose Shiner and Smalleye Shiner; Final Rule

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Determination of Endangered Status for the Sharpnose Shiner and Smalleye Shiner; Final Rule Vol. 79 Monday, No. 149 August 4, 2014 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the Sharpnose Shiner and Smalleye Shiner; Final Rule VerDate Mar<15>2010 18:01 Aug 01, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\04AUR3.SGM 04AUR3 mstockstill on DSK4VPTVN1PROD with RULES3 45274 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations DEPARTMENT OF THE INTERIOR Executive Summary warranted, but precluded, 12-month Why we need to publish a rule. Under finding (67 FR 40657, June 13, 2002). Fish and Wildlife Service the Endangered Species Act (Act), a Through the annual candidate review species or subspecies may warrant process (69 FR 24876, May 4, 2004; 70 50 CFR Part 17 protection through listing if it is FR 24870, May 11, 2005; 71 FR 53756, endangered or threatened throughout all September 12, 2006; 72 FR 69034, [Docket No. FWS–R2–ES–2013– or a significant portion of its range. December 6, 2007; 73 FR 75176, 0083;4500030113] Listing a species as an endangered or December 10, 2008; 74 FR 57804, threatened species can only be November 9, 2009; 75 FR 69222, RIN 1018–AY55 completed by issuing a rule. On August November 10, 2010; 76 FR 66370, 6, 2013 (78 FR 47582; 78 FR 47612), we October 26, 2011; 77 FR 69994, Endangered and Threatened Wildlife proposed to list the sharpnose shiner November 21, 2012), the U.S. Fish and and Plants; Determination of and smalleye shiner as endangered Wildlife Service (Service) continued to Endangered Status for the Sharpnose species and proposed to designate solicit information from the public Shiner and Smalleye Shiner critical habitat under the Act. Elsewhere regarding these species. On August 6, 2013 (78 FR 47582; 78 in today’s Federal Register, we finalize AGENCY: Fish and Wildlife Service, FR 47612), we proposed to list the designation of critical habitat for the Interior. sharpnose shiner and smalleye shiner sharpnose shiner and smalleye shiner under the Act as endangered species ACTION: Final rule. under the Act. This rule will finalize the listing of the and proposed to designate critical SUMMARY: We, the U.S. Fish and sharpnose shiner and smalleye shiner as habitat. We held a public hearing on Wildlife Service, determine endangered endangered species. September 4, 2013, in Abilene, Texas. species status under the Endangered The basis for our action. Under the On March 4, 2014 (79 FR 12138), we Species Act of 1973, as amended, for the Act, a species may be determined to be requested comments on the draft sharpnose shiner (Notropis an endangered or threatened species economic analysis of critical habitat oxyrhynchus) and smalleye shiner (N. based on any of five factors: (A) The designation for the shiners, as well as buccula), two fish species from Texas. present or threatened destruction, the proposed rule to designate critical The effect of this regulation will be to modification, or curtailment of its habitat. This comment period closed on add these species to the List of habitat or range; (B) overutilization for April 3, 2014 (79 FR 12138). Endangered and Threatened Wildlife. commercial, recreational, scientific, or Background We have also determined that critical educational purposes; (C) disease or habitat for the sharpnose shiner and Species Information predation; (D) the inadequacy of smalleye shiner is prudent and existing regulatory mechanisms; and (E) The April 2014 Species Status determinable. Elsewhere in today’s other natural or manmade factors Assessment Report (SSA Report) Federal Register, we designate critical affecting its continued existence. We (Service 2014, entire), available online habitat for the sharpnose shiner and have determined that the sharpnose and at www.regulations.gov under Docket smalleye shiner under the Act. smalleye shiners meet the definition of Number FWS–R2–ES–2013–0083, DATES: This rule becomes effective an endangered species primarily provides a thorough assessment of September 3, 2014. because of the present or threatened sharpnose shiner and smalleye shiner ADDRESSES: This final rule is available destruction, modification, or biology and natural history, and on the Internet at http:// curtailment of its habitat or range assesses demographic risks, threats, and www.regulations.gov and at http://www. resulting mainly from impoundments limiting factors in the context of fws.gov/southwest/es/ArlingtonTexas. and alterations of natural stream flow. determining viability and risk of Comments and materials received, as Peer review and public comment. We extinction for the species. The SSA well as supporting documentation used sought comments from independent Report has been updated since the in the preparation of this rule, are specialists to ensure that our August 6, 2013, publication of the available for public inspection at http:// designation is based on scientifically proposed rules with data received www.regulations.gov. All of the sound data, assumptions, and analyses. during the peer review and public comments, materials, and We invited these peer reviewers to comment processes. In the SSA Report, documentation that we considered in comment on our listing proposal. We we compile biological data and a this rulemaking are available for public also considered all comments and description of past, present, and likely inspection, by appointment, during information received during the public future threats (causes and effects) facing normal business hours at: U.S. Fish and comment period. the sharpnose shiner and smalleye shiner. Because data in these areas of Wildlife Service, Arlington, Texas, Previous Federal Actions Ecological Services Field Office, 2005 science are limited, some uncertainties NE Green Oaks Blvd., Suite 140, On June 13, 2002 (67 FR 40657), the are associated with this assessment. Arlington, TX 76006; by telephone 817– sharpnose shiner and smalleye shiner Where we have substantial uncertainty, 277–1100; or by facsimile 817–277– were made candidates for listing under we have attempted to make our 1129. the Act. On May 11, 2004, we received necessary assumptions explicit in the a petition to list the sharpnose shiner SSA Report. We base our assumptions FOR FURTHER INFORMATION CONTACT: and smalleye shiner. We published our in these areas on the best available Debra Bills, Field Supervisor, Arlington, petition finding on May 11, 2005 (70 FR scientific and commercial data. Texas, Ecological Services Field Office, 24899). Because the sharpnose shiner Importantly, the SSA Report does not (see ADDRESSES). If you use a and smalleye shiner were previously represent a decision by the Service on telecommunications device for the deaf identified through our candidate whether these taxa should be listed as (TDD), call the Federal Information assessment process, the species had endangered or threatened species under Relay Service (FIRS) at 800–877–8339. already received the equivalent of a the Act. The SSA Report does, however, SUPPLEMENTARY INFORMATION: substantial 90-day finding and a provide the scientific basis that informs VerDate Mar<15>2010 18:01 Aug 01, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\04AUR3.SGM 04AUR3 mstockstill on DSK4VPTVN1PROD with RULES3 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 45275 our decisions (see Summary of as indicators of genetic and ecological reproduction are lacking for more than Biological Status and Threats in this diversity. one season. final rule), which involve the further Our assessment found that both The current conditions of both species application of standards within the Act species of shiners have an overall low indicate that they do not have the and its regulations and policies (see viability (or low probability of necessary resources for persistence in Determination) in this final rule). persistence) in the near term (over about the immediate future. Both species have the next 10 years) and a decreasing experienced range reduction, with both Summary of Biological Status and viability (increasing risk of extinction) fish having lost at least half of their Threats in the long-term future (over the next 11 historical range. Both species are now Our SSA Report documents the to 50 years). For the shiners to be restricted to one population in the results of the comprehensive biological considered viable, individual fish need upper Brazos River basin. As a result, status review for the sharpnose and specific vital resources for survival and sharpnose and smalleye shiners smalleye shiners and provides a completion of their life cycles. Both currently lack redundancy, which is thorough account of the species’ overall species need wide, shallow, flowing reducing the viability of these species as viability and, conversely, extinction risk waters generally less than 0.5 meters (m) a whole. In addition, streamflows (Service 2014, entire). The SSA Report (1.6 feet (ft)) deep with sandy substrates, within their current extant range are contains the data on which this final which are found in mainstem rivers in insufficient during some years to rule is based. The following is a the arid prairie region of Texas. Both support successful reproduction, such summary of the results and conclusions species broadcast-spawn eggs and sperm as occurred in 2011. These fish have from the SSA Report. into open water asynchronously (fish been resilient to past stressors that occur The sharpnose shiner
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