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DEPARTMENT OF THE INTERIOR 265, Frankfort, KY 40601; telephone have incorporated the comments into 502–695–0468, x108; facsimile 502– this final determination. Fish and Wildlife Service 695–1024. If you use a Peer review and public comment. We telecommunications device for the deaf sought comments from seven 50 CFR Part 17 (TDD), call the Federal Information independent specialists to ensure that [Docket No. FWS–R4–ES–2015–0133; Relay Service (FIRS) at 800–877–8339. our designation was based on 4500030113] SUPPLEMENTARY INFORMATION: scientifically sound data, assumptions, RIN 1018–BB05 Executive Summary and analyses. We received comments Why we need to publish a rule. Under from five of the seven peer reviewers. Endangered and Threatened Wildlife the Endangered Species Act of 1973, as The peer reviewers generally concurred and Plants; Designation of Critical amended (16 U.S.C. 1531 et seq.) (ESA with our methods and conclusions and Habitat for Kentucky Arrow Darter or Act), when we determine that a provided additional information, clarifications, and suggestions to AGENCY: Fish and Wildlife Service, species is threatened or endangered, we Interior. must designate critical habitat to the improve this final rule. Information we received from peer review is ACTION: Final rule. maximum extent prudent and determinable. Designations of critical incorporated into this final revised SUMMARY: We, the U.S. Fish and habitat can only be completed by designation. We also considered all Wildlife Service (Service), designate issuing a rule. comments and information received critical habitat for the Kentucky arrow On October 8, 2015, we published in from the public during the comment darter (Etheostoma spilotum) under the the Federal Register a proposed critical period. Endangered Species Act (Act). In total, habitat designation for the Kentucky Previous Federal Actions approximately 398 stream kilometers arrow darter (80 FR 61030). Section (skm) (248 stream miles (smi)) fall 4(b)(2) of the Act states that the We proposed listing the Kentucky within the boundaries of the critical Secretary shall designate critical habitat arrow darter as threatened under the Act habitat designation. on the basis of the best available (80 FR 60902) and designation of critical DATES: This rule becomes effective on scientific data after taking into habitat for the species (80 FR 61030) on November 4, 2016. consideration the economic impact, October 8, 2015. For a complete history national security impact, and any other ADDRESSES: This final rule is available of all Federal actions related to the relevant impact of specifying any on the internet at http:// Kentucky arrow darter, please refer to www.regulations.gov and http:// particular area as critical habitat. This document consists of a final rule the October 8, 2015, proposed listing www.fws.gov/frankfort/. Comments and to designate critical habitat for the rule (80 FR 60902). materials we received, as well as Kentucky arrow darter. We list the supporting documentation we used in Summary of Comments and Kentucky arrow darter as a threatened preparing this proposed rule, are Recommendations species elsewhere in this Federal available for public inspection at http:// Register. We requested written comments from www.regulations.gov in Docket No. Summary of the rule. The critical the public on the proposed designation FWS–R4–ES–2015–0133. All of the habitat areas we are designating in this of critical habitat for the Kentucky comments, materials, and rule constitute our current best arrow darter and associated DEA during documentation that we considered in assessment of the areas that meet the this rulemaking are available by a comment period that opened with the definition of critical habitat for publication of the proposed rule (80 FR appointment, during normal business Kentucky arrow darter. Here we are hours at: U.S. Fish and Wildlife Service, 60962) on October 8, 2015, and closed designating approximately 398 stream on December 7, 2015. We also contacted Kentucky Ecological Services Field kilometers (skm) (248 stream miles Office (see FOR FURTHER INFORMATION appropriate Federal, State, and local (smi)) in Breathitt, Clay, Harlan, agencies, scientific organizations, and CONTACT). Jackson, Knott, Lee, Leslie, Owsley, The coordinates, plot points, or both other interested parties, and invited Perry, and Wolfe Counties, Kentucky. them to comment on the proposed rule from which the maps are generated are Economic analysis. We have prepared and DEA during the comment period. included in the administrative record an economic analysis of the designation We did not receive any requests for a for this critical habitat designation and of critical habitat. In order to consider public hearing. are available at http://www.fws.gov/ economic impacts, we have prepared an frankfort/, at http://www.regulations.gov incremental effects memorandum (IEM) During the comment period, we at Docket No. FWS–R4–ES–2015–0133, and screening analysis which, together received 3,897 comment letters in and at the Kentucky Ecological Services with our narrative and interpretation of response to the proposed critical habitat Field Office) (see FOR FURTHER effects, constitute our draft economic designation: 5 from peer reviewers and INFORMATION CONTACT). Any additional analysis (DEA) of the proposed critical 3,892 from organizations or individuals. tools or supporting information that we habitat designation and related factors Of these, 3,882 were nonsubstantive may develop for this critical habitat (Abt Associates 2015). The analysis, form letters submitted by one designation will also be available at the dated September 11, 2015, was made nongovernmental organization in Fish and Wildlife Service Web site and available for public review from October support of the proposed critical habitat field office set out above, and may also 8, 2015, through December 7, 2015 (80 designation. None of the comment be included at http:// FR 61030). Following the close of the letters objected to the proposed www.regulations.gov. comment period, we reviewed and designation of critical habitat for the FOR FURTHER INFORMATION CONTACT: evaluated all information submitted Kentucky arrow darter. All substantive Virgil Lee Andrews, Jr., Field during the comment period that may information provided during the Supervisor, U.S. Fish and Wildlife pertain to our consideration of the comment period has either been Service, Kentucky Ecological Services probable incremental economic impacts incorporated directly into this final Field Office, 330 West Broadway, Suite of this critical habitat designation. We determination or is addressed below.

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Peer Review conditions. The best and most current darter locations, random locations, and In accordance with our peer review scientific data available to the Service locations associated with regulatory policy published on July 1, 1994 (59 FR indicate the species’ abundance permitting, such as mining or 34270), we solicited expert opinions decreases sharply as conductivities transportation. Nearly 245 surveys were from seven knowledgeable individuals exceed 261 mS/cm (Hitt et al. 2016, pp. conducted for the species between 2007 with scientific expertise that included 46–52), and the species is generally and 2015, and the results of these familiarity with the species, the absent when conductivities exceed 350 surveys provided an accurate depiction mS/cm (Service 2012, pp. 1–4). of the species’ current range and geographic region in which the species (3) Comment: One peer reviewer revealed a clear trend of habitat occurs, and conservation biology stated that the Service should include degradation and range curtailment for principles. We received responses from any new information on growth, the species. Kentucky arrow darters may five of the peer reviewers. feeding, reproduction, or spawning of have gone undetected in a few sampling We reviewed all comments received the Kentucky arrow darter obtained reaches, but the species’ overall decline from the peer reviewers for substantive from recent captive-propagation efforts and pattern of associated habitat issues and new information regarding by Conservation Fisheries, Inc. (CFI) in degradation (e.g., elevated conductivity) critical habitat for the Kentucky arrow Knoxville, Tennessee. was clear based on our review of darter. All of the peer reviewers Our Response: New observations on available survey data. generally concurred with our methods spawning behavior and the growth and (5) Comment: One peer reviewer and conclusions and provided viability of eggs and larvae were made commented that the Service should additional information, clarifications, by CFI during recent captive- recognize water clarity (turbidity) as a and suggestions to improve the final propagation efforts (2010 to present). factor under PCE (primary constituent critical habitat rule. Peer reviewer We have incorporated language element) 4 because the Kentucky arrow comments are addressed in the summarizing these findings under the darter is a visual feeder. following summary and incorporated Sites for Breeding, Reproduction, or Our Response: We concur with the into the final rule as appropriate. Rearing (or Development) of Offspring peer reviewer that the Kentucky arrow Peer Reviewer Comments section of this final rule. darter is a visual feeder, and water (4) Comment: Two peer reviewers clarity (or turbidity) may influence its (1) Comment: One peer reviewer recommended that we discuss the feeding behavior; however, we currently stated that the Service should detectability of the Kentucky arrow have no specific data demonstrating substantiate its claim in the Physical or darter during survey efforts and how how water clarity influences the Biological Features section of the this could affect our conclusions species’ feeding behavior. Increased preamble that the Kentucky arrow darter regarding its occurrence and stream turbidity is a common requires relatively clean, cool, flowing distribution and our delineation of occurrence across the species’ range, water to successfully complete its life critical habitat areas. The peer reviewers especially during and immediately after cycle. raised the issue of imperfect detection, high stream flow events. Even streams Our Response: We made this claim which is the inability of the surveyor to supporting the most robust populations based on the best and most current detect a species (even if present) due to of Kentucky arrow darters are subjected scientific data available, and we have surveyor error, low density or rareness to periods of high turbidity and poor added supporting references (Thomas of the target species, or confounding water clarity, yet these populations have 2008, entire; Service 2014, entire; Hitt et variables such as environmental been able to persist. Poor water clarity al. 2016, pp. 46–52) under the Food, conditions (e.g., stream flow). The peer may be important, but we have not Water, Air, Light, Minerals, or Other reviewers asked the Service to explain quantified the level at which turbidity Nutritional or Physiological how it accounted for imperfect can be detrimental to the species’ Requirements section of this final detection when evaluating the species’ feeding behavior. The Service must rely critical habitat determination. These current distribution and status. on the best and most current scientific references describe the general water Our Response: We recognize the data available when identifying the quality and habitat conditions of importance and significance of specific elements (PCEs) of the physical streams occupied by Kentucky arrow imperfect detection when conducting or biological features that provide for a darters. surveys for rare or low-density species, species’ life-history processes and are (2) Comment: One peer reviewer and we agree with the peer reviewer essential to the conservation of the commented that he had observed that it is possible a species can go species. Without specific data or more Kentucky arrow darters in streams with undetected within a particular survey detailed information on how water conductivities exceeding 980 reach when it is actually present, clarity influences the species, we cannot microsiemens (mS)/cm, even though the especially when a species is in low include it as an important factor under Service concluded that Kentucky arrow numbers. However, we are also PCE 4. darters are generally absent when required, by statute and regulation, to (6) Comment: One peer reviewer conductivity levels exceed 350 mS/cm. base our determinations solely on the commented on the importance of Our Response: We concur with the basis of the best scientific data available. riparian buffers and stated the peer reviewer that Kentucky arrow We are confident that the survey data designation of critical habitat for the darters are sometimes observed in available to us at the time we prepared Kentucky arrow darter should be streams with conductivity values greater our proposed critical habitat designation expanded to include areas outside of the than 350 mS/cm; however, we consider represented the best scientific and stream channel. all of these individuals to be transients commercial data available. Our Response: We concur with the that have simply migrated from a nearby These data were collected by well- peer reviewer that lands outside of source stream (or refugium) where trained, professional biologists, who designated critical habitat play an conductivity levels are lower. This is employed similar sampling techniques important role in the conservation of the not common and likely occurs as (single-pass electrofishing) across the species. Intact riparian buffers help dispersing individuals move through an entire potential range of the Kentucky support the PCEs and biological features area in search of better habitat arrow darter, which included historical by protecting against soil erosion and

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instream sedimentatiom and providing and Coles Fork watersheds. The robust Kentucky Arrow Darter and its Critical shade that lowers stream temperatures. populations of Kentucky arrow darters Habitat) of the Screening Memo. We limited our designation of critical in both watersheds indicate that these One of the agencies that the Service habitat to the stream channel (areas management activities are working to contacted was the U.S. Army Corps of within the ordinary high-water mark) protect the species and its habitats. Engineers (USACE), which is because this is where the species occurs Therefore, it is clear that these special responsible for distributing permits for and these areas contain one or more of management considerations are required a variety of land activities including the physical or biological features to maintain the features essential to the coal mining. Any coal mining projects essential to the species’ conservation. species’ conservation. that may be affected by the critical (7) Comment: One peer reviewer (9) Comment: One commenter stated habitat designation would be affected recommended that critical habitat unit 6 that the economic analysis did not only through incremental administrative be expanded by moving the downstream consider or discuss the possible costs associated with a section 7 terminus to the confluence of Middle economic effects on the local economy, consultation. USACE noted that adding Fork Quicksand Creek and Quicksand and in particular, the coal production critical habitat to a consultation already Creek. The peer reviewer provided new industry. considering the jeopardy standard does occurrence information that included Our Response: In the economic not substantially increase administrative observations of the Kentucky arrow screening analysis, we evaluated the costs (reported in Exhibit 4 of the darter approximately 100 m (328 ft) ‘‘without critical habitat’’ baseline Screening Memo: Summary of upstream of the mouth of Middle Fork versus the ‘‘with critical habitat’’ Estimated Incremental Administrative Quicksand Creek. scenario, to identify those effects Costs of Section 7 Consultations). Our Response: We concur with the expected to occur solely due to the Therefore, any activities that require a peer reviewer that Unit 6 should be designation of critical habitat and not USACE permit and consultation with modified, and we appreciate receipt of from the protections that are in place the Service, such as coal mining, should new collection data documenting the due to the species being listed under the experience minimal incremental species’ occurrence in downstream economic impacts from critical habitat Act. This method, known as the reaches of Middle Fork Quicksand designation for the Kentucky arrow ‘‘incremental effects’’ approach, focuses Creek. Based on collection data darter. on the incremental economic impact of provided by the peer reviewer, we have (10) Comment: One commenter stated expanded Unit 6 by moving the the regulatory change being considered. that the Service did not discuss how it downstream terminus 2.7 skm (1.7 smi) All of the proposed critical habitat units would regulate the protection of streams to the mouth of Middle Fork Quicksand for the Kentucky arrow darter are on private lands or specify whose Creek. The species’ total number of considered to be within the responsibility it was to inform the designated stream kilometers (miles) has geographical area occupied by the public of new regulations. been adjusted accordingly. species at the time of listing. As Our Response: Critical habitat described in our Incremental Effects receives protection under section 7 of Public Comments Memo, we do not anticipate differences the Act through the requirement that (8) Comment: One commenter in the outcome of section 7 Federal agencies ensure, in consultation questioned our assertion that activities consultations in occupied habitat with the Service, that any action they within Robinson Forest may require because actions that adversely affect authorize, fund, or carry out is not likely special management considerations or occupied habitat would typically also to result in the destruction or adverse protections to address minor siltation jeopardize the existence of the species. modification of critical habitat. The Act associated with management activities, Therefore, in the economic screening does not authorize the Service to road use, and limited off-road vehicle analysis, the Service concluded that the regulate private actions (i.e., actions use. The commenter stated that off-road only incremental costs anticipated are without a Federal nexus) on private vehicle use is not a potential threat in the administrative costs due to the lands or confiscate private property as a Robinson Forest as no off-road vehicle additional consideration of the adverse result of critical habitat designation. paths or trails are present. The modification of critical habitat during The designation of critical habitat commenter also explained that 40 years section 7 consultations. does not prevent access to any land, of forest management and research The Service took steps in its economic whether private, tribal, State, or Federal. activities in Robinson Forest are screening analysis to determine what, if The designation of critical habitat does consistent with the maintenance of any, industries would be affected by the not affect land ownership or establish a Kentucky arrow darter populations in designation of critical habitat. Any refuge, wilderness, reserve, preserve, or both the Clemons Fork and Coles Fork project with a Federal nexus (e.g., other conservation area. Such watersheds. The commenter suggested receiving Federal funding or requiring a designation does not allow the that if major increases in activities occur Federal permit) that may affect the government or public to access private in or around the riparian corridors, listed species or its designated habitat lands. Such designation does not special management considerations may requires Federal agencies to consult require implementation of restoration, be required to address minor siltation with the Service and could thus be recovery, or enhancement measures by associated with these activities. potentially impacted by the regulation. non-Federal landowners. Where a Our Response: We concur with the The Service gathered information on the landowner requests Federal agency commenter that off-road vehicle use is estimated number of section 7 funding or authorization for an action not a threat in Robinson Forest, and we consultations addressing the Kentucky that may affect a listed species or have modified this final rule arrow darter and its critical habitat from critical habitat, the consultation accordingly. We also agree with the various Federal agencies that distribute requirements of section 7(a)(2) of the commenter that management activities permits or fund projects within the Act apply, but even in the event of a and general use of the Forest over the proposed critical habitat units. These destruction or adverse modification last 40 years have been consistent with results are present in Exhibit 3 finding, the obligation of the Federal the maintenance of Kentucky arrow (Summary of Estimated Number of action agency and the landowner is not darter populations in the Clemons Fork Section 7 Consultations Addressing the to restore or recover the species, but to

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implement reasonable and prudent (e.g., elevated conductivity, ownership or establish a refuge, alternatives to avoid destruction or temperature), spawning behavior, wilderness, reserve, preserve, or other adverse modification of critical habitat. development and viability of eggs, and conservation area. Such designation The Service believes that restrictions special management considerations or does not allow the government or public alone are neither an effective nor a protection for Units 3 and 4. Under the to access private lands. Such desirable means for achieving the Final Critical Habitat Designation designation does not require conservation of listed species. We prefer section, we expanded Unit 6 (Middle implementation of restoration, recovery, to work collaboratively with private Fork Quicksand Creek) by extending its or enhancement measures by non- landowners, and strongly encourage downstream terminus 2.7 skm (1.7 smi) Federal landowners. Where a landowner individuals with listed species or to the mouth of Middle Fork Quicksand requests Federal agency funding or designated critical habitat on their Creek. The total number of designated authorization for an action that may property to work with us to develop stream kilometers (miles) were adjusted affect a listed species or critical habitat, incentive-based measures such as Safe accordingly. the consultation requirements of section Harbor Agreements or Habitat Based on further review and an effort 7(a)(2) of the Act would apply, but even Conservation Plans (HCPs), which have to clarify our descriptions of the in the event of a destruction or adverse the potential to provide conservation Primary Constituent Elements (PCEs), modification finding, the obligation of measures that effect positive results for we modified PCEs 1 and 4 by adding the Federal action agency and the the species and its habitat while additional descriptive information. landowner is not to restore or recover providing regulatory relief for the species, but to implement landowners. The conservation and Critical Habitat reasonable and prudent alternatives to recovery of endangered and threatened Background avoid destruction or adverse species, and the ecosystems upon which modification of critical habitat. they depend, is the ultimate objective of Critical habitat is defined in section 3 Under the first prong of the Act’s the Act, and the Service recognizes the of the Act as: definition of critical habitat, areas vital importance of voluntary, (1) The specific areas within the within the geographical area occupied nonregulatory conservation measures geographical area occupied by the by the species at the time it was listed that provide incentives for landowners species, at the time it is listed in are included in a critical habitat in achieving that objective. accordance with the Act, on which are designation if they contain physical or (11) Comment: One commenter stated found those physical or biological biological features (1) which are that the proposed critical habitat rule features essential to the conservation of the did not sufficiently discuss the threat (a) essential to the conservation of the species and (2) which may require posed by mountaintop coal mining or species, and special management considerations or acknowledge the presence of hydraulic (b) which may require special protection. For these areas, critical fracturing (fracking) within some critical management considerations or habitat designations identify, to the habitat units. protection; and extent known using the best scientific Our Response: The Service did not (2) Specific areas outside the and commercial data available, those specifically discuss mountaintop coal geographical area occupied by the physical or biological features that are mining or hydraulic fracking in the species at the time it is listed, upon a essential to the conservation of the proposed critical habitat rule; however, determination that such areas are species (such as space, food, cover, and we did identify these activities essential for the conservation of the protected habitat). In identifying those indirectly in the Special Management species. physical and biological features within Considerations or Protection section of Conservation, as defined under an area, we focus on the principal the proposed rule. In that section and in section 3 of the Act, means to use and biological or physical constituent several unit descriptions, we identified the use of all methods and procedures elements (primary constituent elements resource extraction (e.g., surface coal that are necessary to bring an such as roost sites, nesting grounds, mining, logging, natural gas and oil endangered or threatened species to the seasonal wetlands, water quality, tide, exploration) as a threat that may affect point at which the measures provided soil type) that are essential to the one or more of the physical or biological pursuant to the Act are no longer conservation of the species. Primary features essential to the Kentucky arrow necessary. Such methods and constituent elements are those specific darter and may require special procedures include, but are not limited elements of the physical or biological management considerations or to, all activities associated with features that provide for a species’ life- protection. Potential threats associated scientific resources management such as history processes and are essential to with surface coal mining and natural gas research, census, law enforcement, the conservation of the species. and oil exploration were discussed habitat acquisition and maintenance, Under the second prong of the Act’s thoroughly in the species’ proposed propagation, live trapping, and definition of critical habitat, we can listing rule (80 FR 60962, October 8, transplantation, and, in the designate critical habitat in areas 2015). extraordinary case where population outside the geographical area occupied pressures within a given ecosystem by the species at the time it is listed, Summary of Changes From Proposed cannot be otherwise relieved, may upon a determination that such areas Rule include regulated taking. are essential for the conservation of the We have considered all comments Critical habitat receives protection species. For example, an area currently and information received during the under section 7 of the Act through the occupied by the species but that was not open comment period for the proposed requirement that Federal agencies occupied at the time of listing may be designation of critical habitat for the ensure, in consultation with the Service, essential for the conservation of the Kentucky arrow darter. In the Critical that any action they authorize, fund, or species and may be included in the Habitat section of this document, we carry out is not likely to result in the critical habitat designation. We provide new or revised information and destruction or adverse modification of designate critical habitat in areas references on feeding behavior, the critical habitat. The designation of outside the geographical area occupied species’ water quality requirements critical habitat does not affect land by a species only when a designation

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limited to its range would be inadequate their designated critical habitat areas Federal Register. To identify the to ensure the conservation of the may still result in jeopardy findings in physical or biological features essential species. some cases. If we list the Kentucky to the conservation of the species, we Section 4 of the Act requires that we arrow darter, these protections and have relied on current conditions at designate critical habitat on the basis of conservation tools would continue to locations where the species survives, the best scientific data available. contribute to recovery of this species. the limited information available on the Further, our Policy on Information Similarly, critical habitat designations species and its closest relatives, and Standards Under the Endangered made on the basis of the best available factors associated with the decline of Species Act (published in the Federal information at the time of designation other fishes that occupy similar habitats Register on July 1, 1994 (59 FR 34271)), will not control the direction and in the Southeast. We have determined the Information Quality Act (section 515 substance of future recovery plans, that the following physical or biological of the Treasury and General HCPs, or other species conservation features are essential to the Kentucky Government Appropriations Act for planning efforts if new information arrow darter. Fiscal Year 2001 (Pub. L. 106–554; H.R. available at the time of these planning 5658)), and our associated Information Space for Individual and Population efforts calls for a different outcome. Growth and for Normal Behavior Quality Guidelines provide criteria, On February 11, 2016, we published establish procedures, and provide a final rule in the Federal Register (81 Little is known about the specific guidance to ensure that our decisions FR 7413) to amend our regulations space requirements of the Kentucky are based on the best scientific data concerning the procedures and criteria arrow darter; however, the species is available. They require our biologists, to we use to designate and revise critical typically observed in moderate- to high- the extent consistent with the Act and habitat. That rule became effective on gradient, first- to third-order with the use of the best scientific data March 14, 2016, but, as stated in that geomorphically stable streams (Lotrich available, to use primary and original rule, the amendments it sets forth apply 1973, p. 382; Thomas 2008, p. 6). sources of information as the basis for to ‘‘rules for which a proposed rule was Geomorphically stable streams transport recommendations to designate critical published after March 14, 2016.’’ We sediment while maintaining their habitat. published our proposed critical habitat horizontal and vertical dimensions When we are determining which areas designation for the Kentucky arrow (width to depth ratio and cross-sectional should be designated as critical habitat, darter on October 8, 2015 (80 FR 61030); area), pattern (sinuosity), and our primary source of information is therefore, the amendments set forth in longitudinal profile (riffles, runs, and generally the information developed the February 11, 2016, final rule at 81 pools), thereby conserving the physical during the listing process for the FR 7413 do not apply to this final characteristics of the stream, including species. Additional information sources designation of critical habitat for the bottom features such as riffles, runs, and may include the recovery plan for the Kentucky arrow darter. pools and the transition zones between species, articles in peer-reviewed these features (Rosgen 1996, pp. 1–3). journals, conservation plans developed Physical or Biological Features The protection and maintenance of by States and counties, scientific status In accordance with section 3(5)(A)(i) these habitat features accommodate surveys and studies, biological of the Act and regulations in title 50 of spawning, rearing, growth, migration, assessments, other unpublished the Code of Federal Regulations at 50 and other normal behaviors of the materials, or experts’ opinions or CFR 424.12(b), in determining which species. personal knowledge. areas within the geographical area During most of the year (late spring Habitat is dynamic, and species may occupied by the species at the time of through winter), Kentucky arrow darters move from one area to another over listing to designate as critical habitat, occupy shallow pools between 10–45 time. We recognize that critical habitat we consider the physical or biological centimeters (cm) (4–18 inches (in)) or designated at a particular point in time features that are essential to the transitional areas between riffles and may not include all of the habitat areas conservation of the species and which pools (runs and glides) with cobble and that we may later determine are may require special management boulder substrates that are interspersed necessary for the recovery of the considerations or protection. These with clean (relatively silt free) sand and species. For these reasons, a critical include, but are not limited to: gravel (Lotrich 1973, p. 382; Thomas habitat designation does not signal that (1) Space for individual and 2008, p. 6). Most individuals are habitat outside the designated area is population growth and for normal encountered near some type of instream unimportant or may not be needed for behavior; cover: Large cobble, boulders, bedrock recovery of the species. Areas that are (2) Food, water, air, light, minerals, or ledges, or woody debris piles (Thomas important to the conservation of the other nutritional or physiological 2008, p. 6). During the spawning period listed species, both inside and outside requirements; (April through June), Kentucky arrow the critical habitat designation, will (3) Cover or shelter; darters utilize riffle habitats with continue to be subject to: (1) (4) Sites for breeding, reproduction, or relatively silt free, gravel, cobble, and Conservation actions implemented rearing (or development) of offspring; sand substrates (Kuehne and Barbour under section 7(a)(1) of the Act, (2) and 1983, p. 71). Streams inhabitated by regulatory protections afforded by the (5) Habitats that are protected from Kentucky arrow darters tend to be clear requirement in section 7(a)(2) of the Act disturbance or are representative of the and cool (generally less than or equal to for Federal agencies to ensure their historic, geographical, and ecological 24 degrees Celsius (°C) (75 degrees actions are not likely to jeopardize the distributions of a species. Fahrenheit (°F))), with shaded corridors continued existence of any endangered We derive the specific physical or and naturally vegetated, intact riparian or threatened species, and (3) section 9 biological features essential for the zones (Lotrich 1973, p. 378; Thomas of the Act’s prohibitions on taking any Kentucky arrow darter from studies of 2008, pp. 7, 23). individual of the species, including its habitat, ecology, and life history as Limited information exists about taking caused by actions that affect described below. Additional upstream or downstream movements of habitat. Federally funded or permitted information can be found in the final Kentucky arrow darters; however, there projects affecting listed species outside listing rule published elsewhere in this is evidence that the species can utilize

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relatively long stream reaches. Fork system, Breathitt County, conductivity (a measure of electrical Observations by Lowe (1979, pp. 26–27) Kentucky. The primary prey item was conductance in the water column that of potential dispersal behavior for a mayflies (Order Ephemeroptera), which increases as the concentration of related species (the Cumberland arrow comprised 77 percent of identifiable dissolved solids increases), that define darter (Etheostoma sagitta)) in food items (420 of 542 items) in 57 suitable habitat conditions for the Tennessee, preliminary findings from a Kentucky arrow darter stomachs Kentucky arrow darter have not been movement study at Eastern Kentucky (Lotrich 1973, p. 381). Large Kentucky determined; however, the species is University (EKU), and recent survey arrow darters (greater than 70 sensitive to elevated conductivity and is results by Kentucky Department of Fish milimeters (mm) (2.8 in) total length generally absent when levels exceed 350 and Wildlife Resources (KDFWR) (TL)) utilized small crayfishes, as 7 of 8 microsiemens (mS)/cm (Service 2012, suggest that Kentucky arrow darters can stomachs examined by Lotrich (1973, p. pp. 1–4; Hitt 2014, pp. 5–7, 11–13; Hitt utilize stream reaches of over 4 skm (2.5 381) contained crayfishes ranging in et al. 2016, pp. 46–52). Kentucky arrow smi) and disperse to other tributaries size from 11 to 24 mm (0.4 to 0.9 in). darters are sometimes observed in (Baxter 2015,entire; Thomas 2015, pers. Lotrich (1973, p. 381) considered this to streams with conductivity values greater comm.) (see ‘‘Habitat and Life History’’ be noteworthy because stomachs of than 350 mS/cm; however, we consider section of our final listing rule small Kentucky arrow darters (less than all of these individuals to be transients published elsewhere in this Federal 70 mm (2.8 in) TL) and stomachs of that have simply migrated from a nearby Register). other darter species did not contain source stream (or refugium) where The current range of the Kentucky crayfishes. Other food items reported by conductivity levels are lower. This is arrow darter has been reduced from 74 Lotrich (1973, p. 381) and Etnier and not common and likely occurs as historically occupied streams to 47 Starnes (1993, p. 523) included larval dispersing individuals move through an currently occupied streams due to blackflies (family Simuliidae) and area in search of better habitat destruction, modification, and midges (Chironomidae), with lesser conditions. The best and most current fragmentation of habitat. Fragmentation amounts of caddisfly larvae, stonefly scientific data available to the Service of the species’ habitat has subjected nymphs, and beetle larvae. Etnier and indicate the species’ abundance these small populations to genetic Starnes (1993, p. 523) reported that decreases sharply as conductivities isolation, reduced space for rearing and juvenile arrow darters feed on exceed 261 mS/cm (Hitt et al. 2016, pp. reproduction, reduced adaptive microcrustaceans and dipteran larvae. 46–52). capabilities, and an increased likelihood Observations by Lowe (1979, pp. 32– In general, optimal water quality of local extinctions (Burkhead et al. 34) for the closely related Cumberland conditions for fishes and other aquatic 1997, pp. 397–399; Hallerman 2003, pp. arrow darter indicated that feeding organisms are characterized by (1) 363–364). Genetic variation and strategies typically consisted of moderate stream temperatures diversity within a species are essential continuous prey searches, with little (generally less than or equal to 24 °C (75 to recovery, adaptation to dependence on drift items. The general °F) for the Kentucky arrow darter) environmental change, and long-term pattern observed by Lowe (1979, p. 34) (Thomas 2008, entire); (2) high viability (capability to live, reproduce, was movement by adults to mid-stream, dissolved-oxygen concentrations and develop) (Noss and Cooperrider followed by active searches that (generally greater than 6.0 mg/L); (3) 1994, pp. 282–297; Harris 1984, pp. 93– included probing underneath and moderate pH (generally 6.0–8.5), and (4) 107; Fluker et al. 2007, p. 2). The long- around rocks and chasing of prey. When low levels of pollutants, such as term viability of a species is founded on spotted, prey items were picked off inorganic contaminants (e.g., sulfate, the conservation of numerous local rocks, and pelvic and pectoral fins were iron, manganese, selenium, and populations throughout its geographic often used to aid in climbing over rocks. cadmium); organic contaminants such range (Harris 1984, pp. 93–104). Like most other darters, the Kentucky as human and animal waste products; Connectivity of these habitats is arrow darter depends on perennial pesticides and herbicides; nitrogen, essential in preventing further stream flows that create suitable habitat potassium, and phosphorus fertilizers; fragmentation and isolation of Kentucky conditions needed for successful and petroleum distillates. arrow darter populations and promoting completion of its life cycle. An ample Therefore, based on the information species movement and genetic flow supply of flowing water provides a above, we identify aquatic between populations. means of transporting nutrients and macroinvertebrate prey items, which are Therefore, based on the information food items, moderating water typically dominated by larval mayflies above, we identify connected riffle-pool temperatures and dissolved oxygen but also include larval black flies, complexes (with alternating runs and levels, removing fine sediments that midges, caddisflies, stoneflies, beetles, glides) of geomorphically stable, first- to could damage spawning or foraging and small crayfishes; permanent surface third-order streams to be physical or habitats, and diluting nonpoint-source flows, as measured during average biological features essential to the pollutants. Water withdrawals do not rainfall years; and adequate water conservation of the Kentucky arrow represent a significant threat to the quality to be physical or biological darter. The maintenance of these species, but the species is faced with features essential to the conservaton of habitats is essential in accommodating occasional low-flow conditions that the Kentucky arrow darter. feeding, breeding, growth, and other occur during periods of drought. Cover or Shelter normal behaviors of the Kentucky arrow Water quality is also important to the darter and in promoting gene flow persistence of the Kentucky arrow Kentucky arrow darters depend on within the species. darter. The species requires relatively specific habitats and bottom substrates clean (unpolluted), cool, flowing water for normal life processes such as Food, Water, Air, Light, Minerals, or to successfully complete its life cycle spawning, rearing, resting, and foraging. Other Nutritional or Physiological (Thomas 2008, entire; Service 2014, As described above, the species Requirements entire). Specific water quality typically inhabits shallow pools, riffles, Feeding habits of the Kentucky arrow requirements, such as temperature, runs, and glides dominated by cobble darter were documented by Lotrich dissolved oxygen, pH (a measure of the and boulder substrates and interspersed (1973, pp. 380–382) in the Clemons acidity or alkalinity of water), and with clean sand and gravel and low

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levels of siltation (Thomas 2008, p. 6; when water temperatures reach 13 °C drought), and other stochastic Service unpublished data). Kentucky (55 °F), typically in mid-April. As disturbances, such as loss of genetic arrow darters are typically observed mentioned above, substrates with low variation and inbreeding (Soule´ 1980, near some type of cover (boulders, rock levels of siltation are essential in pp. 157–158; Hunter 2002, pp. 97–101; ledges, large cobble, or woody debris accommodating the species’ normal Allendorf and Luikart 2007, pp. 117– piles) and at depths ranging from 10 to behaviors, including breeding, 146). In addition, the level of isolation 91 cm (4 to 36 in) (Thomas 2008, p. 6; reproduction, and rearing. The species seen in this species makes natural Service unpublished data). has suffered population declines and repopulation following localized Sedimentation (siltation) has been listed extirpations where sedimentation has extirpations virtually impossible repeatedly as a threat to the Kentucky been severe (Etnier and Starnes 1993, p. without human intervention. Greater arrow darter (Kuehne and Barbour 1983, 524; Thomas 2008, p. 7; Service 2012, connectivity within extant populations p. 71; Etnier and Starnes 1993, p. 523; p. 1). is needed to provide some protection Thomas 2008, pp. 3–7), and the species Juvenile arrow darters can be found against these threats and would be more has suffered population declines and throughout the channel but are often representative of the historic, extirpations where sedimentation has observed in shallow water along stream geographical distribution of the species. been severe (Etnier and Starnes 1993, p. margins near root mats, rock ledges, or Based on the biological information 524; Thomas 2008, p. 7; Service 2012, some other cover. As stream flow and needs discussed above, we identify p. 1). Substrates with low levels of lessens and riffles begin to shrink, most stable, undisturbed stream beds and siltation are essential in accommodating arrow darters move into pools and tend banks, and ability for populations to be the species’ feeding, breeding, growth, to remain there even when summer and distributed in multiple first- to third- and other normal behaviors. The term autumn rains restore stream flow order streams throughout the upper ‘‘low levels of siltation’’ is defined for (Kuehne and Barbour 1983, p. 71). Kentucky River drainage that are the purpose of this rule as silt or fine Therefore, based on the information protected from disturbance or are sand within interstitial spaces of above, we identify first- to third-order representative of the historic, substrates in amounts low enough to streams containing moderately flowing geographical, and ecological have minimal impact (i.e., that would riffle, pool, run, and glide habitats with distributions of the species to be have no appreciable reduction in gravel and cobble substrates, root mats physical or biological features essential spawning, breeding, growth, and along the bank, undercut banks, and low to the conservation of the Kentucky feeding) to the species. Increased levels levels of siltation to be physical or arrow darter. of siltation (interstitial spaces of biological features essential to the Primary Constituent Elements for the substrates filled with large amounts of conservation of the Kentucky arrow Kentucky Arrow Darter fine sediment) would reduce the darter. According to 50 CFR 424.12(b), we are species’ ability to feed (e.g., reduced Habitats Protected From Disturbance or required to identify the physical or abundance of prey items) and reproduce Representative of the Historic, biological features essential to the (e.g., lack of appropriate spawning sites, Geographical, and Ecological conservation of the Kentucky arrow smothering of eggs). Distributions of the Species Therefore, based on the information darter in areas occupied at the time of above, we identify stable, shallow pools, As described above, stable substrates listing, focusing on the features’ primary runs, and glides with boulder and with low levels of siltation, adequate constituent elements. We consider cobble substrates, relatively low levels water quality, and healthy aquatic insect primary constituent elements to be of siltation, and ample cover (e.g., slab populations are habitat features those specific elements of the physical rocks, bedrock ledges, woody debris essential to the Kentucky arrow darter. or biological features that provide for a piles) to be physical or biological Historically, first- to third-order streams species’ life-history processes and are features essential to the conservation of across the species’ range would have essential to the conservation of the the Kentucky arrow darter. contained these habitat features. species. All current and historical capture Based on our current knowledge of Sites for Breeding, Reproduction, or locations of the Kentucky arrow darter the physical or biological features and Rearing (or Development) of Offspring are from first- to third-order order, habitat characteristics required to Little information is available on the warmwater streams within the upper sustain the species’ life-history reproductive biology and early life Kentucky River drainage (Gilbert 1887, processes, we determine that the history of the Kentucky arrow darter; pp. 53–54; Woolman 1892, pp. 275–281; primary constituent elements specific to however, general details were provided Kuehne and Bailey 1961, pp. 3–4; the Kentucky arrow darter are: by Kuehne and Barbour (1983, p. 71), Kuehne 1962, pp. 608–609; Thomas (1) Primary Constituent Element 1— and more specific information can be 2008, entire; Service 2012, entire). The Riffle-pool complexes and transitional elucidated from research conducted by species was historically distributed in at areas (glides and runs) of Bailey (1948, pp. 82–84) and Lowe least six sub-basins of the Kentucky geomorphically stable, first- to third- (1979, pp. 44–50), both of whom studied River, but it is now extirpated from at order streams of the upper Kentucky the closely related Cumberland arrow least 36 historical streams within those River drainage with connectivity darter. Prior to spawning, male sub-basins. Most remaining populations between spawning, foraging, and resting Kentucky arrow darters establish are highly fragmented and restricted to sites to promote gene flow throughout territories over riffles from March to short stream reaches. Given the species’ the species’ range. May, when they are quite conspicuous reduced range and fragmented (2) Primary Constituent Element 2— in water 5 to 15 cm (2 to 6 in) deep. distribution, it is vulnerable to Stable bottom substrates composed of Males fan out a depression in the extirpation from intentional or gravel, cobble, boulders, bedrock ledges, substrate (typically a mixtue of cobble, accidental toxic chemical spills, habitat and woody debris piles with low levels gravel, and sand) and defend these sites modification, progressive degradation of siltation. vigorously. from runoff (nonpoint-source (3) Primary Constituent Element 3— The spawning period extends from pollutants), natural catastrophic changes An instream flow regime (magnitude, April to June, but peak activity occurs to their habitat (e.g., flood scour, frequency, duration, and seasonality of

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discharge over time) sufficient to in the College of Agriculture, Food, and springs and streams; regulation of off- provide permanent surface flows, as Environment. Management guidelines road vehicle use; and reduction of other measured during years with average approved by UK’s Board of Trustees in watershed and floodplain disturbances rainfall, and to maintain benthic 2004 provide general land use that release sediments, pollutants, or habitats utilized by the species. allocations, sustainable allowances for nutrients into the water. (4) Primary Constituent Element 4— active research and demonstration Criteria Used To Identify Critical Adequate water quality characterized by projects involving overstory Habitat seasonally moderate stream manipulation, allocations of net temperatures (generally ≤24 °C or 75 °F), revenues from research and As required by section 4(b)(2) of the high dissolved oxygen concentrations demonstration activities, and Act, we use the best scientific data (generally ≥6.0 mg/L), moderate pH management and oversight available to designate critical habitat. In (generally 6.0 to 8.5), low stream responsibilities (Stringer 2015, pers. accordance with the Act and our conductivity (species’ abundance comm.). Based on our knowledge of implementing regulations at 50 CFR decreases sharply as conductivities Kentucky arrow darter populations in 424.12(b) we review available exceed 261 mS/cm and species is Clemons Fork and Coles Fork, there is information pertaining to the habitat typically absent above 350 mS)/cm adequate evidence indicating that requirements of the species and identify (Service 2012, pp. 1–4; Hitt et al. 2016, forestry and hydrology research and occupied areas at the time of listing that pp. 46–52)), and low levels of management activities, including road contain the features essential to the pollutants. Adequate water quality is use, over the last 40 years at Robinson conservation of the species. The defined for the purpose of this rule as Forest are consistent with the following discussion describes how we the quality necessary for normal maintenance of these populations in identified and delineated those behavior, growth, and viability of all life both watersheds. The robust poulations occupied areas. stages of the Kentucky arrow darter. in both watersheds indicate that these We began our analysis by considering (5) Primary Constituent Element 5—A management activities are working to the historical and current ranges of the prey base of aquatic macroinvertebrates, protect the species and its habitats. Kentucky arrow darter. We used various including mayfly nymphs, midge larvae, Therefore, it is clear that these special sources including published literature, blackfly larvae, caddisfly larvae, management considerations are required museum collection databases, surveys, stonefly nymphs, and small crayfishes. to maintain the features essential to the reports, and collection records obtained species’ conservation. from the KDFWR, Kentucky State Special Management Considerations or Nature Preserves Commission, Kentucky Protection At least portions of 32 critical habitat units are located on private property (16 Division of Water, and our own files When designating critical habitat, we are located entirely on private property) (see ‘‘Historical Range and Distribution’’ assess whether the specific areas within and are not presently under the and ‘‘Current Range and Distribution’’ the geographical area occupied by the protection provided by DBNF’s LRMP or sections of our final listing rule species at the time of listing, and which the CCA developed by the DBNF and published elsewhere in this Federal contain features which are essential to the Service. Activities in or adjacent to Register). Within these ranges, we then the conservation of the species, may these areas of critical habitat may affect identified the specific areas that are require special management one or more of the physical or biological occupied by the species and that considerations or protection. The 38 features essential to the Kentucky arrow contain one or more of the physical or units we are designating as critical darter. For example, features in these biological features essential to the habitat for the Kentucky arrow darter critical habitat units may require special species’ conservation. We defined will require some level of management management due to threats associated occupied habitat as those stream reaches to address the current and future threats with resource extraction (coal surface known to be currently occupied by the to the physical or biological features of mining, logging, natural gas and oil species. the species. Due to their location on the exploration), agricultural runoff To identify these currently occupied Daniel Boone National Forest (DBNF), at (livestock, row crops), lack of adequate stream reaches, we used post-2006 least a portion of 20 critical habitat units riparian buffers, construction and survey data that provided information (Units 15–16, 18–32, and 36–38) are maintenance of State and county roads, on distribution and habitat condition being managed and protected under land development, off-road vehicle use, (Thomas 2008, entire; Service 2012, DBNF’s land and resource management and other nonpoint-source pollution. entire; Service unpublished data). plan (LRMP) (United States Forest These threats are in addition to adverse Generally, if the species was collected Service (USFS) 2004, pp. 1–14), and effects of drought, floods, or other or observed in a particular stream additional conservation measures will natural phenomena. Other activities that during our recent rangewide surveys be provided upon completion of a may affect physical and biological (2007–2014), the stream reach was candidate conservation agreement features in the critical habitat units considered to be occupied. A few (CCA) between DBNF and the Service include those listed in the Effects of transient individuals were observed in (see Available Conservation Measures Critical Habitat Designation section, streams with unsuitable habitat section of the final listing rule below. conditions (e.g., elevated conductivity), published elsewhere in this Federal Management activities that could but these streams were not considered Register). ameliorate these threats include, but are to be occupied due to the poor habitat Two of the 38 critical habitat units not limited to, the use of best conditions and the high likelihood that (Units 3 and 4) are located wholly (Unit management practices (BMPs) designed these individuals had simply migrated 3) or partially (Unit 4) on State property, to reduce sedimentation, erosion, and from a nearby source stream. To identify specifically Robinson Forest, a 4,047- stream bank destruction; development the unoccupied stream reaches, we hectare (10,000-acre) research, of alternatives that avoid and minimize evaluated historical data (late 1880s– education, and extension forest in stream bed disturbances; an increase of 2006) and the results of our recent Breathitt and Knott Counties owned by stormwater management and reduction surveys (2007–2014) (Thomas 2008, the University of Kentucky (UK) and of stormwater flows into stream entire; Service 2012, entire; Service managed by the Department of Forestry systems; preservation of headwater unpublished data). If the species was

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known to occur in a stream prior to stream kilometers and equivalent miles, characteristics of the surrounding areas. 2007, but was not observed during our as measured tracing the course of the For each stream reach within a critical recent rangewide survey, the stream stream, not straight-line distance. The habitat unit, the upstream and reach was considered to be unoccupied. critical habitat areas were then mapped downstream boundaries are described Based on our review, we made a using ArcGIS software to produce the generally below. determination not to designate any critical habitat unit maps. When determining critical habitat unoccupied stream reaches as critical Because fishes are naturally restricted boundaries, we made every effort to habitat. We concluded that the by certain physical conditions within a avoid including developed areas such as designated units occupied by the stream reach (i.e., flow, substrate, lands covered by buildings, pavement, species at the time of listing are cover), they may be unevenly and other structures because such areas representative of the species’ historical distributed within these habitat units. usually lack physical and biological range and include both the core Uncertainty on some downstream features essential to the conservation of population areas of Kentucky arrow distributional limits for some the species. The scale of the maps we darters, as well as remaining peripheral populations (e.g., Frozen Creek) may prepared under the parameters for have resulted in small areas of occupied population areas. We further publication within the Code of Federal habitat not being included in, or areas determined that there was sufficient Regulations may not reflect the of unoccupied habitat included in, the area for the conservation of the species exclusion of such developed areas. Any designation. We recognize that both within the occupied areas. Therefore, such areas inadvertently left inside historical and recent collection records we are not designating any areas outside critical habitat boundaries shown on the upon which we relied are incomplete, the geographic area occupied by the maps of this final rule have been and that there may be stream segments species. excluded by text and are not designated Following the identification of or small tributaries not included in this as critical habitat. Therefore, a Federal occupied stream reaches, the next step designation that harbor small, limited action involving these areas would not was to delineate the probable upstream populations of the species considered in trigger section 7 consultation with and downstream extent of the species’ this designation, or that others may respect to critical habitat and the distribution within those reaches. We become suitable in the future. The requirement of no adverse modification used U.S. Geological Survey (USGS) omission of such areas does not unless the specific action would affect 1:100,000 digital stream maps to diminish their potential individual or the physical or biological features in the delineate these boundaries of the critical cumulative importance to the adjacent critical habitat. Further, the habitat units according to the criteria conservation of the Kentucky arrow designation of critical habitat does not explained below. We set the upstream darter. The habitat areas contained imply that lands outside of critical and downstream limits of each critical within the designated units described habitat do not play an important role in habitat unit by identifying landmarks below constitute our best evaluation of the conservation of the species. (bridges, confluences, and road areas needed for the conservation of this crossings), and in some instances species at this time. Final Critical Habitat Designation latitude and longitude coordinates and The critical habitat designation is section lines, above and below the defined by the map or maps, as We are designating approximately 398 upper and lowermost reported locations modified by any accompanying skm (248 smi) in 38 units in Kentucky of the Kentucky arrow darter in each regulatory text, presented at the end of as critical habitat in Kentucky for the stream reach to ensure incorporation of this document in the Regulation Kentucky arrow darter. These stream all potential sites of occurrence. Promulgation section. We include more reaches comprise the entire currently We considered stream order and detailed information on the boundaries known range of the species (and all watershed size to select the upstream of the critical habitat designation in the extant populations). All units are terminus. The species can occur in individual unit descriptions below. We considered to be occupied at the time of small, first-order reaches (Thomas 2008, will make the coordinates, plot points, listing and contain the physical or entire; Service 2012, entire), but recent or both on which each map is based biological features in the appropriate surveys have also demonstrated that the available to the public on http:// quantity and spatial arrangement species is typically absent in these www.regulations.gov at Docket No. essential to the conservation of this reaches once the watershed size (the FWS–R4–ES–2015–0133, on our species and support multiple life- upstream basin or catchment) falls Internet site at http://www.fws.gov/ history processes for the Kentucky below 1.3 square kilometers (km2) (0.5 frankfort/, and at the field office arrow darter. The 38 areas we designate square miles (mi2)). Consequently, we responsible for the designation (see FOR as critical habitat are listed in table 1 searched for this point within the FURTHER INFORMATION CONTACT, above). below. watershed and selected the nearest The areas designated as critical Critical habitat units are either in tributary confluence as the upstream habitat include only stream channels private, Federal (DBNF), or State (UK) terminus. When a tributary was not within the ordinary high-water mark ownership. In Kentucky, adjacent available, a road-crossing (bridge or and do not contain any developed areas landowners also own the land under ford) or dam was used to mark the or structures. As defined at 33 CFR streams (e.g., the stream channel or boundary. 329.11, the ordinary high-water mark on bottom), but the water is under State For the downstream boundary of a nontidal rivers is the line on the shore jurisdiction. Portions of the public-to- unit, we typically selected a stream established by the fluctuations of water private boundary for Units 16, 18, 19, confluence of a named tributary below and indicated by physical 21, 22, 24, 32, and 36 were located along the downstream-most occurrence record characteristics, such as a clear, natural the mid-line of the stream channel; and within a third-order or smaller line impressed on the bank; shelving; lengths for these segments were divided stream reach. In the unit descriptions, changes in the character of soil; equally between public and private distances between landmarks used to destruction of terrestrial vegetation; the ownership. Ownership and lengths of identify the upstream or downstream presence of litter and debris; or other Kentucky arrow darter critical habitat extent of a stream segment are given in appropriate means that consider the units are provided in table 1.

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TABLE 1—LOCATION, OWNERSHIP, AND LENGTHS FOR KENTUCKY ARROW DARTER CRITICAL HABITAT UNITS [In stream kilometers (skm) and stream miles (smi)]

Ownership—skm (smi) Unit Stream County Total length Private Federal State skm (smi)

1 ...... Buckhorn Creek and Prince Fork ...... Knott ...... 1.1 (0.7) 0 0 1.1 (0.7) 2 ...... Eli Fork ...... Knott ...... 1.0 (0.6) 0 0 1.0 (0.6) 3 ...... Coles Fork and Snag Ridge Fork ...... Breathitt, Knott ..... 0 0 11.0 (6.8) 11.0 (6.8) 4 ...... Clemons Fork ...... Breathitt ...... 0.1 (0.1) 0 6.9 (4.3) 7.0 (4.4) 5 ...... Laurel Fork Quicksand Creek and Knott ...... 19.8 (12.4) 0 0 19.8 (12.4) Tributaries. 6 ...... Middle Fork Quicksand Creek and Knott ...... 25.2 (15.6) 0 0 25.2 (15.6) Tributaries. 7 ...... Spring Fork Quicksand Creek ...... Breathitt ...... 2.2 (1.4) 0 0 2.2 (1.4) 8 ...... Hunting Creek and Tributaries ...... Breathitt ...... 15.6 (9.7) 0 0 15.6 (9.7) 9 ...... Frozen Creek and Tributaries ...... Breathitt ...... 26.4 (16.4) 0 0 26.4 (16.4) 10 ...... Holly Creek and Tributaries ...... Wolfe ...... 18.3 (11.5) 0 0 18.3 (11.5) 11 ...... Little Fork ...... Lee, Wolfe ...... 3.8 (2.3) 0 0 3.8 (2.3) 12 ...... Walker Creek and Tributaries ...... Lee, Wolfe ...... 25.0 (15.5) 0 0 25.0 (15.5) 13 ...... Hell Creek and Tributaries ...... Lee ...... 12.0 (7.4) 0 0 12.0 (7.4) 14 ...... Big Laurel Creek ...... Harlan ...... 9.1 (5.7) 0 0 9.1 (5.7) 15 ...... Laurel Creek ...... Leslie ...... 0.7 (0.5) 3.4 (2.1) 0 4.1 (2.6) 16 ...... Hell For Certain Creek and Tribu- Leslie ...... 11.4 (7.0) 4.4 (2.8) 0 15.8 (9.8) taries. 17 ...... Squabble Creek ...... Perry ...... 12.0 (7.5) 0 0 12.0 (7.5) 18 ...... Blue Hole Creek and Left Fork Blue Clay ...... 0 5.7 (3.5) 0 5.7 (3.5) Hole Creek. 19 ...... Upper Bear Creek and Tributaries ..... Clay ...... 0.2 (0.1) 6.6 (4.2) 0 6.8 (4.3) 20 ...... Katies Creek ...... Clay ...... 1.7 (1.0) 4.0 (2.5) 0 5.7 (3.5) 21 ...... Spring Creek and Little Spring Creek Clay ...... 3.6 (2.2) 5.6 (3.5) 0 9.2 (5.7) 22 ...... Bowen Creek and Tributaries ...... Leslie ...... 2.0 (1.2) 11.6 (7.3) 0 13.6 (8.5) 23 ...... Elisha Creek and Tributaries ...... Leslie ...... 3.0 (1.9) 6.6 (4.0) 0 9.6 (5.9) 24 ...... Gilberts Big Creek ...... Clay, Leslie ...... 2.0 (1.2) 5.2 (3.3) 0 7.2 (4.5) 25 ...... Sugar Creek ...... Clay, Leslie ...... 1.1 (0.7) 6.1 (3.8) 0 7.2 (4.5) 26 ...... Big Double Creek and Tributaries ...... Clay ...... 0 10.3 (6.4) 0 10.3 (6.4) 27 ...... Little Double Creek ...... Clay ...... 0 3.4 (2.1) 0 3.4 (2.1) 28 ...... Jacks Creek ...... Clay ...... 5.4 (3.4) 0.5 (0.3) 0 5.9 (3.7) 29 ...... Long Fork ...... Clay ...... 0 2.2 (1.4) 0 2.2 (1.4) 30 ...... Horse Creek ...... Clay ...... 3.0 (1.9) 2.0 (1.2) 0 5.0 (3.1) 31 ...... Bullskin Creek ...... Clay, Leslie ...... 21.3 (13.3) 0.4 (0.2) 0 21.7 (13.5) 32 ...... Buffalo Creek and Tributaries ...... Owsley ...... 23.2 (14.5) 14.9 (9.3) 0 38.1 (23.8) 33 ...... Lower Buffalo Creek ...... Lee, Owsley ...... 7.3 (4.6) 0 0 7.3 (4.6) 34 ...... Silver Creek ...... Lee ...... 6.2 (3.9) 0 0 6.2 (3.9) 35 ...... Travis Creek ...... Jackson ...... 4.1 (2.5) 0 0 4.1 (2.5) 36 ...... Wild Dog Creek ...... Jackson, Owsley .. 4.3 (2.7) 3.8 (2.4) 0 8.1 (5.1) 37 ...... Granny Dismal Creek ...... Lee, Owsley ...... 4.4 (2.7) 2.5 (1.6) 0 6.9 (4.3) 38 ...... Rockbridge Fork ...... Wolfe ...... 0 4.5 (2.8) 0 4.5 (2.8)

Total ...... 276.5 (172.0) 103.7 (64.7) 17.9 (11.1) 398.1 (247.8)

We present brief descriptions of all and low levels of pollutants (PCE 4). smi) of Buckhorn Creek from its units below. Each unit contains all the These conditions support abundant confluence with Prince Fork physical or biological features and PCEs populations of aquatic downstream to its confluence with identified above that are essential to the macroinvertebrates that serve as prey Emory Branch. Live Kentucky arrow conservation of the species. In general, items for Kentucky arrow darters (PCE darters have been collected from Unit 1 stream channels within these units are 5). in Prince Fork and just upstream of the stable, with ample pool, glide, riffle, and More precise definitions are provided confluence of Buckhorn Creek and run habitats (PCE 1) that maintain in the Regulation Promulgation section Emory Branch (ATS 2011, p. 6; Service surface flows year round (PCE 3) and at the end of this final rule. 2012, pp. 1–4). This unit is located contain gravel, cobble, and boulder Unit 1: Buckhorn Creek and Prince almost entirely on private land, except substrates with low levels of siltation Fork, Knott County, Kentucky for any small amount that is publicly (PCE 2). Such characteristics are Unit 1 is located off Buckhorn Road owned in the form of bridge crossings necessary for reproductive, foraging, in the headwaters of the Buckhorn and road easements. The watershed and sheltering requirements of Creek drainage and between Kentucky surrounding Unit 1 is dominated by Kentucky arrow darters. We consider Highway 1098 (KY 1098) and KY 1087. forest and remains relatively water quality in each of these units to It includes 0.7 skm (0.4 smi) of Prince undisturbed; however, downstream be characterized by moderate Fork from its confluence with Mart reaches of Buckhorn Creek have been temperatures, relatively high dissolved Branch downstream to its confluence degraded by siltation and nonpoint- oxygen concentrations, moderate pH, with Buckhorn Creek and 0.4 skm (0.3 source pollutants associated with

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surface coal mining, oil and gas Unit 3: Coles Fork and Snag Ridge Fork, conditions are excellent (very close to exploration, logging, and runoff from Breathitt and Knott Counties, Kentucky baseline levels), and instream habitats unpaved roads (Service 2012, pp. 1–4). This unit is located entirely within are ideal for the species. Clemons Fork Within Unit 1, the physical and Robinson Forest, a 4,047-hectare continues to be one of the species’ best biological features may require special (10,000-acre) research, education, and remaining habitats. Within Unit 4, the physical and management considerations or extension forest in Breathitt and Knott biological features may require special protection to address potential adverse Counties owned by UK and managed by management considerations or effects (e.g., water pollution, siltation) the Department of Forestry in the protection to address siltation College of Agriculture, Food, and associated with surface coal mining, associated with timber management (on Environment. Unit 3 includes 2.1 skm logging (timber harvests on private Robinson Forest) and stormwater runoff (1.3 smi) of Snag Ridge Fork from its land), natural gas and oil exploration, from unpaved roads; however, we construction and maintenance of county headwaters downstream to its consider these threats to be minor as roads (Buckhorn Road), the lack of confluence with Coles Fork and 8.9 skm management activities and general use adequate riparian buffers (near the (5.5 smi) of Coles Fork from its of Robinson Forest over the last 40 years confluence with Emory Branch), and confluence with Saddle Branch have been consistent with the off-road vehicle use. These threats are in downstream to its confluence with maintenance of Kentucky arrow darter addition to random effects of drought, Buckhorn Creek. Live Kentucky arrow populations in the Clemons Fork floods, or other natural phenomena. darters have been observed throughout watershed. These minor threats are in This unit provides habitat for Unit 3 (Thomas 2008, p. 5; Service 2012, addition to random effects of drought, reproduction and feeding, helps to pp. 1–4), and Coles Fork continues to be floods, or other natural phenomena. maintain the geographical range of the one of the species’ best remaining This unit provides habitat for species (adds population redundancy), habitats. This unit is located entirely on reproduction and feeding, represents a and provides opportunity for population lands owned by UK. The watershed stronghold for the species (core growth. surrounding Unit 3 is intact and densely population), and likely contributes to forested, water quality conditions are range expansion (source population). Unit 2: Eli Fork, Knott County, Kentucky excellent (very close to baseline levels), and instream habitats are ideal for the Unit 5: Laurel Fork Quicksand Creek This unit is located in the headwaters species. and Tributaries, Knott County, Kentucky of the Buckhorn Creek drainage between Within Unit 3, the physical and KY 1098 and KY 1087. It includes 1.0 Unit 5 generally runs parallel to KY biological features may require special skm (0.6 smi) of Eli Fork from its 1098 and Laurel Fork Road in northern management considerations or confluence with Stonecoal Branch Knott County. This unit includes 1.2 protection to address siltation skm (0.8 smi) of Fitch Branch from its downstream to its confluence with associated with timber management (on headwaters downstream to its Boughcamp Branch (of Buckhorn Robinson Forest) and stormwater runoff confluence with Laurel Fork Quicksand Creek). Live Kentucky arrow darters from unpaved roads; however, we Creek, 2.7 skm (1.7 smi) of Newman have been collected from Unit 2 near the consider these threats to be minor as Branch from its headwaters downstream confluence of Eli Fork and Boughcamp management activities and general use to its confluence with Laurel Fork Branch (ATS 2011, p. 6). This unit is of Robinson Forest over the last 40 years Quicksand Creek, 2.1 skm (1.3 smi) of located almost entirely on private land, have been consistent with the Combs Branch from its headwaters except for any small amount that is maintenance of Kentucky arrow darter downstream to its confluence with publicly owned in the form of bridge populations in the Clemons Fork Laurel Fork Quicksand Creek, and 13.8 crossings and road easements. The watershed. These minor threats are in skm (8.6 smi) of Laurel Fork Quicksand watershed surrounding Unit 2 is addition to random effects of drought, Creek from KY 80 downstream to its dominated by forest and remains floods, or other natural phenomena. confluence with Patten Fork. Live relatively undisturbed; however, its This unit provides habitat for Kentucky arrow darters have been receiving stream, Boughcamp Branch, reproduction and feeding, represents a captured within Unit 5 just upstream of and adjacent watersheds have been stronghold for the species (core the Laurel Fork and Patten Fork degraded by siltation and nonpoint- population), and likely contributes to confluence and farther upstream at the source pollutants associated with range expansion (source population). first Laurel Fork Road crossing (Thomas surface coal mining and logging (Service 2008, p. 5; Service 2012, pp. 1–4). This 2012, pp. 1–4). Unit 4: Clemons Fork, Breathitt County, unit is located almost entirely on private Within Unit 2, the physical and Kentucky land, except for any small amount that biological features may require special Unit 4 is located along Clemons Fork is publicly owned in the form of bridge management considerations or Road in southeastern Breathitt County. crossings and road easements. Hillsides protection to address potential adverse This unit includes 7.0 skm (4.4 smi) of and ridgetops above Unit 5 are forested, effects (e.g., water pollution, siltation) Clemons Fork from its confluence with but the valley is more developed with associated with surface coal mining, Maple Hollow downstream to its scattered residences along Laurel Fork logging, natural gas and oil exploration, confluence with Buckhorn Creek. Live Road. off-road vehicle use, and construction Kentucky arrow darters have been Within Unit 5, the physical and and maintenance of county roads. These observed throughout Unit 4 (Lotrich biological features may require special threats are in addition to random effects 1973, p. 380; Thomas 2008, p. 5; Service management considerations or of drought, floods, or other natural 2012, pp. 1–4). A portion of this unit protection to address adverse effects phenomena. This unit provides habitat near the mouth of Clemons Fork is (e.g., siltation, water pollution) for reproduction and feeding, helps to privately owned (0.1 skm (0.1 smi)), but associated with logging, inadequate maintain the geographical range of the the majority is located on lands owned sewage treatment, surface coal mining, species (adds population redundancy), by UK (see description for Unit 3). The natural gas and oil exploration and provides opportunity for population watershed surrounding Unit 4 is intact activities, inadequate riparian buffers, growth. and densely forested, water quality construction and maintenance of county

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roads, and off-road vehicle use. These Unit 7: Spring Fork Quicksand Creek, the watershed is relatively intact and threats are in addition to random effects Breathitt County, Kentucky dominated by forest. of drought, floods, or other natural Within Unit 8, the physical and phenomena. This unit provides habitat Unit 7 is located off KY 2465 in biological features may require special for reproduction and feeding, helps to southeastern Breathitt County and management considerations or maintain the geographical range of the includes 2.2 skm (1.4 smi) of Spring protection to address adverse effects Fork Quicksand Creek from its species (adds population redundancy), (e.g., siltation, water pollution) headwaters downstream to its and likely serves as a source population associated with natural gas and oil confluence with an unnamed tributary. within the Quicksand Creek watershed. exploration activities, logging, surface Live Kentucky arrow darters have been coal mining, inadequate sewage Unit 6: Middle Fork Quicksand Creek captured within Unit 7 (Service treatment, inadequate riparian buffers, and Tributaries, Knott County, Kentucky unpublished data). This unit is located construction and maintenance of county almost entirely on private land, except roads, and off-road vehicle use. These Unit 6 is located along Middle Fork of for any small amount that is publicly threats are in addition to random effects Quicksand Creek Road in northeastern owned in the form of bridge crossings of drought, floods, or other natural Knott County. This unit includes 0.8 and road easements. Most of the phenomena. This unit provides habitat skm (0.5 smi) of Big Firecoal Branch watershed surrounding Unit 7 is for reproduction and feeding, helps to from its headwaters downstream to its forested, but mine reclamation activities maintain the geographical range of the confluence with Middle Fork Quicksand have created open, pasture-like habitats species within the Quicksand Creek Creek, 2.1 skm (1.3 smi) of Bradley along ridgetops and slopes to the north. watershed (adds population Branch from its headwaters downstream Within Unit 7, the physical and redundancy), and provides opportunity to its confluence with Middle Fork biological features may require special for population growth. Quicksand Creek, 2.0 skm (1.2 smi) of management considerations or Unit 9: Frozen Creek and Tributaries, Lynn Log Branch from its headwaters protection to address adverse effects Breathitt County, Kentucky downstream to its confluence with (e.g., siltation, water pollution) Unit 9 is located along KY 378 in Middle Fork Quicksand Creek, and 20.3 associated with surface coal mining, northern Breathitt County. This unit skm (12.6 smi) of Middle Fork natural gas and oil exploration includes 4.7 skm (2.9 smi) of Clear Fork Quicksand Creek from its headwaters activities, logging, and off-road vehicle from its headwaters downstream to its use. These threats are in addition to downstream to its confluence with confluence with Frozen Creek, 3.6 skm random effects of drought, floods, or Quicksand Creek. Live Kentucky arrow (2.3 smi) of Negro Branch from its darters have been captured within Unit other natural phenomena. This unit headwaters downstream to its 6 near the confluence of Middle Fork provides habitat for reproduction and confluence with Frozen Creek, 4.2 skm and Jack Branch, the confluence of feeding, helps to maintain the (2.6 smi) of Davis Creek from its Middle Fork and Upper Bear Pen geographical range of the species within headwaters downstream to its Branch, and near the confluence of the Quicksand Creek watershed (adds confluence with Frozen Creek, and 13.9 Middle Fork and Quicksand Creek population redundancy), and provides skm (8.6 smi) of Frozen Creek from its (Thomas 2008, p. 5; Service 2012, pp. 1– opportunity for population growth. headwaters downstream to its 4; Eisenhour pers. comm. 2015). This Unit 8: Hunting Creek and Tributaries, confluence with Morgue Fork. Live unit is located almost entirely on private Breathitt County, Kentucky Kentucky arrow darters have been land, except for any small amount that captured within Unit 9 upstream of is publicly owned in the form of bridge Unit 8 is located along KY 1094 in Rock Lick in the headwaters of Frozen crossings and road easements. The eastern Breathitt County and includes Creek (Thomas 2008, p. 5; Service watershed surrounding Unit 6 is 0.9 skm (0.5 smi) of Wolf Pen Branch unpublished data). This unit is located dominated by forest and continues to be from its headwaters downstream to its almost entirely on private land, except relatively undisturbed. An unpaved confluence with Hunting Creek, 2.3 skm for any small amount that is publicly road traverses the length of the unit, but (1.4 smi) of Fletcher Fork from its owned in the form of bridge crossings the rough condition of the road limits its headwaters downstream to its and road easements. The individual use to off-road vehicles. confluence with Hunting Creek, 1.6 skm valleys surrounding Unit 9 are relatively (1.0 smi) of Negro Fork from its narrow (approximately 100–160 meters Within Unit 6, the physical and headwaters downstream to its (m) (328–525 feet (ft)) at their widest) biological features may require special confluence with Hunting Creek, 3.1 skm and composed of small farms and management considerations or (1.9 smi) of Licking Fork from its scattered residences. The ridgetops and protection to address adverse effects headwaters downstream to its hillsides are relatively undisturbed and (e.g., siltation, water pollution) confluence with Hunting Creek, and 7.7 dominated by forest. associated with natural gas and oil skm (4.8 smi) of Hunting Creek from its Within Unit 9, the physical and exploration activities, logging, surface confluence with Wells Fork downstream biological features may require special coal mining, inadequate riparian to its confluence with Quicksand Creek. management considerations or buffers, construction and maintenance Live Kentucky arrow darters have been protection to address adverse effects of county roads, and off-road vehicle captured within Unit 8 near the (e.g., siltation, water pollution) use. These threats are in addition to confluence with Winnie Branch (Service associated with inadequate sewage random effects of drought, floods, or unpublished data). This unit is located treatment, canopy loss, agricultural other natural phenomena. This unit almost entirely on private land, except runoff, inadequate riparian buffers, provides habitat for reproduction and for any small amount that is publicly construction and maintenance of county feeding, helps to maintain the owned in the form of bridge crossings roads, logging, natural gas and oil geographical range of the species (adds and road easements. The narrow valley exploration activities, surface coal population redundancy), and likely surrounding Unit 8 contains a few mining (legacy effects), and off-road serves as a source population within the scattered residences and fields along vehicle use. These threats are in Quicksand Creek watershed. Hunting Creek Road, but the majority of addition to random effects of drought,

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floods, or other natural phenomena. phenomena. This unit provides habitat Cave Branch from its headwaters This unit provides habitat for for reproduction and feeding, helps to downstream to its confluence with reproduction and feeding, helps to maintain the geographical range of the Walker Creek, and 12.6 skm (7.8 smi) of maintain the geographical range of the species, and provides opportunity for Walker Creek from its headwaters species (adds population redundancy), population growth. (reservoir) downstream to its confluence contributes to genetic exchange between with North Fork Kentucky River. Live Unit 11: Little Fork, Lee and Wolfe several streams in the Frozen Creek Kentucky arrow darters have been Counties, Kentucky watershed, and likely serves as an captured at several locations within important source population in the This unit is located between KY 2016 Unit 12 (Thomas 2008, p. 5; Service northern limits of the species’ range. and Booth Ridge Road in southern 2012, pp. 1–4), including the Old Wolfe County and includes 3.8 skm (2.3 Fincastle Road low-water crossing, a site Unit 10: Holly Creek and Tributaries, smi) of Little Fork from its headwaters upstream near the confluence with Wolfe County, Kentucky downstream to its confluence with Boonesboro Fork, and in the headwaters Unit 10 is located along KY 1261 in Lower Devil Creek. Live Kentucky arrow just upstream of the confluence of southern Wolfe County and includes 2.8 darters have been captured within Unit Walker Creek with Hell For Certain skm (1.8 smi) of Spring Branch from its 11 just upstream of the confluence of Creek. This unit is located almost headwaters downstream to its Little Fork and Lower Devil Creek entirely on private land, except for any confluence with Holly Creek, 2.0 skm (Thomas 2008, p. 5; Service 2012, pp. 1– small amount that is publicly owned in (1.3 smi) of Pence Branch from its 4). This unit is located almost entirely the form of bridge crossings and road headwaters downstream to its on private land, except for any small easements. confluence with Holly Creek, 4.0 skm amount that is publicly owned in the Land use surrounding this unit is (2.5 smi) of Cave Branch from its form of bridge crossings and road similar to that of Little Fork (Unit 11) headwaters downstream to its easements. The valley bottom and Hell Creek (Unit 13). The valley confluence with Holly Creek, and 9.5 surrounding this unit is densely bottom is densely forested, but skm (5.9 smi) of Holly Creek from KY forested, but a network of unpaved numerous unpaved roads, oil and gas 1261 (first bridge crossing north of KY roads and oil and gas well sites are well sites, and scattered residences 15) downstream to its confluence with located along the ridgetops to the east occur along the ridgetops to the east and the North Fork Kentucky River. Live and west of the stream. west of the stream. A narrow, Kentucky arrow darters have been Within Unit 11, the physical and unmaintained dirt road (Walker Creek captured within Unit 10 near the biological features may require special Road) runs parallel to and east of this confluence of Holly Creek and Spring management considerations or unit for its entire length; off-road Branch (Thomas 2008, p. 5). This unit protection to address adverse effects vehicle use is common. is located almost entirely on private (e.g., siltation, water pollution) Within Unit 12, the physical and land, except for any small amount that associated with oil and gas exploration biological features may require special is publicly owned in the form of bridge activities, off-road vehicle use, road management considerations or crossings and road easements. runoff, canopy loss, logging, and surface protection to address adverse effects The valley bottom surrounding Unit coal mining (legacy effects). These (e.g., siltation, water pollution) 10 is consistently wider (approximately threats are in addition to random effects associated with oil and gas exploration 320 m (1,050 ft) at its widest) than other of drought, floods, or other natural activities, off-road vehicle use, road occupied stream valleys (e.g., Frozen phenomena. This unit provides habitat runoff, canopy loss, and legacy effects of Creek), and agricultural land use is more for reproduction and feeding, helps to previous oil and gas well development. extensive. Multiple small farms (e.g., maintain the geographical range of the These threats are in addition to random pasture, row crops, hayfields) and species (population redundancy), and effects of drought, floods, or other residences are scattered along KY 1261, provides opportunity for population natural phenomena. This unit provides while the ridgetops and hillsides are growth. habitat for reproduction and feeding, dominated by forest. We are not helps to maintain the geographical range Unit 12: Walker Creek and Tributaries, designating critical habitat in upstream of the species (adds population Lee and Wolfe Counties, Kentucky reaches of the drainage (e.g., Kelse redundancy), contributes to genetic Holland Fork, Mandy Holland Fork, Unit 12 is located between KY 11 and exchange between several streams in the Terrell Fork) because these streams do Shumaker Road to the west and KY Walker Creek watershed, and likely not contain the PCEs essential to the 2016 to the east in northern Lee County serves as an important source species’ conservation. Habitat and southwestern Wolfe County. This population in the northern limits of the conditions in these upstream reaches unit includes 3.9 skm (2.4 smi) of an species’ range. are poor, as characterized by unnamed tributary of Walker Creek from straightened, incised channels; a lack of its headwaters downstream to its Unit 13: Hell Creek and Tributaries, Lee canopy cover; and unstable substrates. confluence with Walker Creek, 2.4 skm County, Kentucky Within Unit 10, the physical and (1.5 smi) of Cowan Fork from its Unit 13 is located between KY 11 and biological features may require special headwaters downstream to its Shumaker Road in northern Lee County. management considerations or confluence with Hell for Certain Creek, This unit includes 2.3 skm (1.4 smi) of protection to address adverse effects 2.0 skm (1.2 smi) of Hell for Certain Miller Fork from its headwaters (e.g., siltation, water pollution) Creek from the outflow of an unnamed downstream to its confluence with Hell associated with agricultural runoff, reservoir downstream to its confluence Creek, 0.7 skm (0.4 smi) of Bowman canopy loss, inadequate riparian buffers, with Walker Creek, 0.8 skm (0.5 smi) of Fork from its headwaters downstream to construction and maintenance of county Boonesboro Fork from its headwaters its confluence with Hell Creek, 1.9 skm roads, inadequate sewage treatment, downstream to its confluence with (1.2 smi) of an unnamed tributary of logging, surface coal mining (legacy Walker Creek, 2.2 skm (1.4 smi) of Hell Creek from its headwaters effects), and off-road vehicle use. These Peddler Creek from its headwaters downstream to its confluence with Hell threats are in addition to random effects downstream to its confluence with Creek, and 7.1 skm (4.4 smi) of Hell of drought, floods, or other natural Walker Creek, 1.1 skm (0.7 smi) of Huff Creek from the outflow of an unnamed

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reservoir downstream to its confluence Within Unit 14, the physical and Kentucky arrow darters have been with North Fork Kentucky River. Live biological features may require special captured from Unit 16 at multiple Kentucky arrow darters have been management considerations or locations upstream of its confluence captured within Unit 13 from the Hell protection to address adverse effects with Big Fork (Thomas 2008, p. 4; Creek mainstem near the Hell Creek (e.g., siltation, water pollution) Service unpublished data). A portion of Road low-water crossing and from an associated with historical surface coal this unit is in Federal ownership unnamed triburary of Hell Creek near mining, off-road vehicle use, road (administered by DBNF) (4.4 skm (2.8 the Hell Creek Road low-water crossing runoff, logging, and canopy loss. These smi)), but the majority of the unit is in (Thomas 2008, p. 5; Service 2012, pp. 1– threats are in addition to random effects private ownership. For the portion of 4). This unit is located almost entirely of drought, floods, or other natural the unit in Federal ownership, land and on private land, except for any small phenomena. This unit provides habitat resource management decisions and amount that is publicly owned in the for reproduction and feeding and adds activities within the DBNF are guided form of bridge crossings and road population redundancy at the by DBNF’s LRMP (USFS 2004, pp. 1– easements. southeastern edge of the species’ range. 14). The valley bottom surrounding Unit 16 is narrow (approximately 100 m (328 Land use surrounding this unit is Unit 15: Laurel Creek, Leslie County, ft) at its widest) and composed of a similar to that of Little Fork (Unit 11) Kentucky and Walker Creek (Unit 12). The valley mixture of small farms (e.g., pasture, bottom surrounding this unit is forested, Unit 15 is located south of US 421/KY hayfields) and scattered residences 80 in western Leslie County and but numerous unpaved roads, oil and along Hell For Certain Road. The includes 4.1 skm (2.6 smi) of Laurel gas well sites, and scattered residences ridgetops and hillsides are relatively Creek from its confluence with Sandlick occur along the ridgetops to the east and undisturbed and dominated by forest. Branch downstream to its confluence west of the stream. A narrow, Within Unit 16, the physical and with Left Fork Rockhouse Creek. A unmaintained dirt road runs parallel to biological features may require special single live Kentucky arrow darter has and east of Unit 13 upstream of the Hell management considerations or been captured from this unit, Creek Road crossing; off-road vehicle protection to address adverse effects approximately 0.48 skm (0.3 smi) from use is common. (e.g., siltation, water pollution) the confluence with Left Fork associated with road runoff, inadequate Within Unit 13, the physical and Rockhouse Creek (Thomas 2013, pers. sewage treatment, inadequate riparian biological features may require special comm.). A small portion of this unit is buffers, construction and maintenance management considerations or privately owned (0.7 skm (0.5 smi)), but of county roads, agricultural runoff, protection to address adverse effects the remainder of the unit is in Federal illegal off-road vehicle use, logging, and (e.g., siltation, water pollution) ownership (administered by DNBF). timber management (on DBNF). These associated with oil and gas exploration Land and resource management threats are in addition to random effects activities, off-road vehicle use, road decisions and activities within the of drought, floods, or other natural runoff, canopy loss, and legacy effects of DBNF are guided by DBNF’s LRMP phenomena. This unit provides habitat previous oil and gas well development. (USFS 2004, pp. 1–14). The watershed for reproduction and feeding, represents These threats are in addition to random surrounding Unit 15 is entirely forested, a stronghold for the species within the effects of drought, floods, or other with no private residences or other Middle Fork Kentucky River sub-basin, natural phenomena. This unit provides structures. and likely acts as a source population. habitat for reproduction and feeding, Within Unit 15, the physical and This unit is also important for helps to maintain the geographical range biological features may require special maintaining the distribution and genetic of the species (population redundancy), management considerations or diversity of the species within the and provides opportunity for population protection to address adverse effects Middle Fork sub-basin. growth. (e.g., siltation, water pollution) associated with illegal off-road vehicle Unit 17: Squabble Creek, Perry County, Unit 14: Big Laurel Creek, Harlan Kentucky County, Kentucky use, road runoff, and timber management. These threats are in This unit is located south of KY 28, Unit 14 is located off KY 221 and Big addition to random effects of drought, just downstream of Buckhorn Lake Dam Laurel Creek Road in northern Harlan floods, or other natural phenomena. and near the community of Buckhorn in County and includes 9.1 skm (5.7 smi) This unit provides habitat for northwestern Perry County. Unit 17 of Big Laurel Creek from its confluence reproduction and feeding, adds includes 12.0 skm (7.5 smi) of Squabble with Combs Fork downstream to its population redundancy, and provides Creek from its confluence with Long confluence with Greasy Creek. Live opportunity for population growth. Fork downstream to its confluence with Kentucky arrow darters have been Middle Fork Kentucky River. Live captured from this unit near its Unit 16: Hell For Certain Creek and Kentucky arrow darters have been confluence with White Oak Branch Tributaries, Leslie County, Kentucky captured from this unit near its (Thomas 2008, p. 5; Service 2012, pp. 1– Unit 16 is located off Hell For Certain confluence with Big Branch (Service 4). This unit is located almost entirely Road between KY 1482 and KY 257 in unpublished data). This unit is located on private land, except for any small northern Leslie County. This unit almost entirely on private land, except amount that is publicly owned in the includes 1.3 skm (0.8 smi) of Cucumber for any small amount that is publicly form of bridge crossings and road Branch from its headwaters downstream owned in the form of bridge crossings easements. The valley bottom and to its confluence with Hell For Certain and road easements. hillsides surrounding Unit 14 are Creek, 3.1 skm (1.9 smi) of Big Fork The valley surrounding Unit 17 is densely forested, but extensive surface from its headwaters downstream to its narrow (approximately 113 m (370 ft) at coal mining within the watershed has confluence with Hell For Certain Creek, its widest) and composed of a mixture created clearings along the ridgetops and 11.4 skm (7.1 smi) of Hell For of residences (many in clusters) and and has resulted in five valley (hollow) Certain Creek from its headwaters small farms (e.g., pasture, hayfields) fills that are located within tributaries of downstream to its confluence with scattered along KY 2022, which Big Laurel Creek. Middle Fork Kentucky River. Live parallels Squabble Creek for much of its

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length. Ridgetops and hillsides in most substrates (Thomas 2008, p. 4; Service natural phenomena. This unit provides of the Squabble Creek valley are 2014, p. 6). habitat for reproduction and feeding, relatively undisturbed and dominated Within Unit 18, the physical and comprises a portion of the species’ core by forest; however, surface coal mining biological features may require special population within the Red Bird River has occurred along ridgetops (to the management considerations or watershed, and contributes to north and south of Squabble Creek) in protection to address adverse effects connectivity of streams within the the downstream half of the drainage. (e.g., siltation, water pollution) watershed. Within Unit 17, the physical and associated with road runoff, illegal off- road vehicle use, and timber Unit 20: Katies Creek, Clay County, biological features may require special Kentucky management considerations or management (on DBNF). These threats protection to address adverse effects are in addition to random effects of Unit 20 is located along Katies Creek (e.g., siltation, water pollution) drought, floods, or other natural Road in southeastern Clay County and associated with road runoff, inadequate phenomena. This unit provides habitat includes 5.7 skm (3.5 smi) of Katies sewage treatment, agricultural runoff, for reproduction and feeding, comprises Creek from its confluence with Cave inadequate riparian buffers, a portion of the species’ core population Branch downstream to its confluence construction and maintenance of county within the Red Bird River watershed, with the Red Bird River. Live Kentucky roads, illegal off-road vehicle use, and contributes to connectivity of arrow darters have been captured from logging, and historical surface coal streams within the watershed. this unit approximately 0.2 skm (0.12 smi) upstream of the mouth of Katies mining. These threats are in addition to Unit 19: Upper Bear Creek and Creek (Thomas 2008, p. 4). A small random effects of drought, floods, or Tributaries, Clay County, Kentucky portion of this unit is privately owned other natural phenomena. This unit Unit 19 is located along KY 1524 and (1.7 skm (1 smi)), but the majority of the provides habitat for reproduction and Upper Bear Creek Road in southeastern unit is in Federal ownership feeding, helps to maintain the Clay County. This unit includes 1.5 skm (administered by DNBF). Land and geographical range of the species, and (1.0 smi) of Left Fork Upper Bear Creek resource management decisions and provides opportunity for population from its headwaters downstream to its activities within the DBNF are guided growth. confluence with Upper Bear Creek, 0.8 by DBNF’s LRMP (USFS 2004, pp. 1– Unit 18: Blue Hole Creek and Left Fork skm (0.5 smi) of Right Fork Upper Bear 14). Blue Hole Creek, Clay County, Kentucky Creek from its headwaters downstream The watershed surrounding Unit 20 is to its confluence with Upper Bear Creek, entirely forested, with no private Unit 18 is located along KY 1524 in and 4.5 skm (2.8 smi) of Upper Bear residences or other structures. The only southeastern Clay County. This unit Creek from its confluence with Left Fork interruption in the canopy is the Katies includes 1.8 skm (1.1 smi) of Left Fork and Right Fork Upper Bear Creek Creek Road corridor, which traverses from its headwaters downstream to its downstream to its confluence with the the valley. Katies Creek is 1 of 11 Red confluence with Blue Hole Creek and Red Bird River. Live Kentucky arrow Bird River tributaries (Units 18–28) that 3.9 skm (2.4 smi) of Blue Hole Creek darters have been captured from Unit 19 support Kentucky arrow populations from its confluence with Dry Branch in two locations downstream of the Left (Thomas 2008, entire; Service 2012, downstream to its confluence with the and Right Forks (Thomas 2008, p. 4). A entire). See the description of Unit 18 Red Bird River. Live Kentucky arrow small portion of this unit is privately for more information regarding the darters have been captured from Unit 18 owned (0.2 skm (0.1 smi)), but the characterization of the streams within near the mouth of Cow Hollow (Thomas majority of the unit is in Federal this drainage. 2008, p. 4). This unit is entirely in ownership (administered by DNBF). Within Unit 20, the physical and Federal ownership (administered by Land and resource management biological features may require special DNBF). Land and resource management decisions and activities within the management considerations or decisions and activities within the DBNF are guided by DBNF’s LRMP protection to address adverse effects DBNF are guided by DBNF’s LRMP (USFS 2004, pp. 1–14). (e.g., siltation, water pollution) (USFS 2004, pp. 1–14). The watershed surrounding Unit 19 is associated with road runoff, illegal off- The watershed surrounding Unit 18 is primarily forested, but a few scattered road vehicle use, logging (on private entirely forested, with no private residences and small farms are located land), and timber management (on residences or other structures. The only along KY 1524 in the upstream DBNF). These threats are in addition to interruption in the canopy is the KY (western) half of the watershed. Upper random effects of drought, floods, or 1525 corridor, which traverses most of Bear Creek is 1 of 11 Red Bird River other natural phenomena. This unit the valley. One additional road, Blue tributaries (Units 18–28) that support provides habitat for reproduction and Hole School Road, is located at the Kentucky arrow populations (Thomas feeding, comprises a portion of the headwaters of Blue Hole Creek, leading 2008, entire; Service 2012, entire). See species’ core population within the Red to a small cemetery site. Blue Hole the description of Unit 18 for more Bird River watershed, and contributes to Creek is 1 of 11 Red Bird River information regarding the connectivity of streams within the tributaries (Units 18–28) that support characterization of the streams within watershed. Kentucky arrow populations (Thomas this drainage. 2008, entire; Service 2012, entire). Within Unit 19, the physical and Unit 21: Spring Creek and Little Spring Collectively, these streams represent the biological features may require special Creek, Clay County, Kentucky largest, most significant cluster of management considerations or Unit 21 is located west of KY 66 in occupied streams and are characterized protection to address adverse effects southeastern Clay County. This unit by intact riparian zones with negligible (e.g., siltation, water pollution) includes 1.0 skm (0.6 smi) of Little residential development, high gradients associated with road runoff, illegal off- Spring Creek from its headwaters with abundant riffles, cool road vehicle use, agricultural runoff, downstream to its confluence with temperatures, low conductivities (less and timber management (on DBNF). Spring Creek and 8.2 skm (5.1 smi) of than 100 mS/cm), and stable channels These threats are in addition to random Spring Creek from its headwaters with clean cobble and boulder effects of drought, floods, or other downstream to its confluence with the

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Red Bird River. Live Kentucky arrow River. Live Kentucky arrow darters have DBNF are guided by DBNF’s LRMP darters have been captured within Unit been captured from Unit 22 near its (USFS 2004, pp. 1–14). 21 approximately 0.2 skm (0.1 smi) confluence with Blevins Branch and The watershed surrounding Unit 23 is upstream of the mouth of Spring Creek Hurricane Branch (Service unpublished relatively undisturbed and dominated (Thomas 2008, p. 4). A portion of this data). A portion of this unit is privately by forest. A few scattered residences are unit is privately owned (3.6 skm (2.2 owned (2.0 skm (1.2 smi)), but the located along Elisha Creek Road at the smi)), but the majority of the unit is in majority of the unit is in Federal downstream end of the Elisha Creek Federal ownership (administered by ownership (administered by DNBF). valley (near the mouth of Elisha Creek). DNBF). Land and resource management Land and resource management A few oil and gas wells are scattered decisions and activities within the decisions and activities within the throughout the drainage. Elisha Creek is DBNF are guided by DBNF’s LRMP DBNF are guided by DBNF’s LRMP 1 of 11 Red Bird River tributaries (Units (USFS 2004, pp. 1–14). (USFS 2004, pp. 1–14). 18–28) that support Kentucky arrow The watershed surrounding Unit 21 is The watershed surrounding this unit populations (Thomas 2008, entire; relatively undisturbed and dominated is relatively undisturbed and dominated Service 2012, entire). See the by forest; however, a few scattered by forest. A few scattered residences are description of Unit 18 for more residences are located along a short located along Bowen Creek Road near information regarding the segment (approximately 0.8 skm (0.5 the mid-point of the valley, and others characterization of the streams within smi)) of Lower Spring Creek Road near are located further upstream along KY this drainage. its junction with KY 66 and along Sand 406. Bowen Creek is 1 of 11 Red Bird Within Unit 23, the physical and Hill Road and Spring Creek Road at the River tributaries (Units 18–28) that biological features may require special western (upstream) end of the drainage. support Kentucky arrow darter management considerations or protection to address adverse effects The stream corridor between these two populations (Thomas 2008, entire; (e.g., siltation, water pollution) areas, an approximate 6.4-skm (4-smi) Service 2012, entire). See the associated with road runoff, illegal off- segment, is inaccessible except by off- description of Unit 18 for more road vehicle use, logging (on private road vehicle. About 10 oil wells are information regarding the land), timber management (on DBNF), located along ridgetops and hillsides characterization of the streams within inadequate sewage treatment, and near the mouth of Spring Creek, and this drainage. these sites are connected by a network natural gas and oil exploration Within Unit 22, the physical and of unpaved roads. Spring Creek is 1 of activities. These threats are in addition 11 Red Bird River tributaries (Units 18– biological features may require special to random effects of drought, floods, or 28) that support Kentucky arrow management considerations or other natural phenomena. This unit populations (Thomas 2008, entire; protection to address adverse effects provides habitat for reproduction and Service 2012, entire). See the (e.g., siltation, water pollution) feeding, comprises a portion of the description of Unit 18 for more associated with road runoff, illegal off- species’ core population within the Red information regarding the road vehicle use, inadequate sewage Bird River watershed, and contributes to characterization of the streams within treatment, logging (on private land), and connectivity of streams within the this drainage. timber management (on DBNF). These watershed. Within Unit 21, the physical and threats are in addition to random effects Unit 24: Gilberts Big Creek, Clay and biological features may require special of drought, floods, or other natural Leslie Counties, Kentucky management considerations or phenomena. This unit provides habitat protection to address adverse effects for reproduction and feeding, comprises Unit 24 is located east of KY 66 and (e.g., siltation, water pollution) a portion of the species’ core population generally parallel to Gilberts Creek Road associated with road runoff, off-road within the Red Bird River watershed, in southeastern Clay County and vehicle use, inadequate sewage and contributes to connectivity of western Leslie County. This unit treatment, logging (on private land), streams within the watershed. includes 7.2 skm (4.5 smi) of Gilberts timber management (on DBNF), and oil Unit 23: Elisha Creek and Tributaries, Big Creek from its headwaters and gas exploration activities. These Leslie County, Kentucky downstream to its confluence with the threats are in addition to random effects Red Bird River. Live Kentucky arrow of drought, floods, or other natural Unit 23 is located east of KY 66 and darters have been captured throughout phenomena. This unit provides habitat adjacent to Elisha Creek Road in this unit. A portion of this unit is for reproduction and feeding, comprises western Leslie County. This unit privately owned (2.0 skm (1.2 smi)), but a portion of the species’ core population includes 4.4 skm (2.7 smi) of Right Fork the majority of the unit is in Federal within the Red Bird River watershed, Elisha Creek from its headwaters ownership (administered by DNBF). and contributes to connectivity of downstream to its confluence with Land and resource management streams within the watershed. Elisha Creek, 2.3 skm (1.4 smi) of Left decisions and activities within the Fork Elisha Creek from its headwaters DBNF are guided by DBNF’s LRMP Unit 22: Bowen Creek and Tributaries, downstream to its confluence with (USFS 2004, pp. 1–14). Leslie County, Kentucky Elisha Creek, and 2.9 skm (1.8 smi) of The watershed surrounding Unit 24 is Unit 22 is located east of KY 66 and Elisha Creek from its confluence with relatively undisturbed and dominated adjacent to Bowen Creek Road in Right Fork Elisha Creek downstream to by forest. A few scattered residences western Leslie County. This unit its confluence with the Red Bird River. and small farms are located along includes 2.2 skm (1.4 smi) of Laurel Live Kentucky arrow darters have been Gilberts Creek Road at the downstream Fork from its headwaters downstream to captured throughout Unit 23 (Service end of the valley near the mouth of its confluence with Bowen Creek, 1.8 unpublished data). A portion of this Gilberts Big Creek. Several gas and oil skm (1.1 smi) of Amy Branch from its unit is privately owned (3.0 skm (1.9 wells are also scattered throughout the headwaters downstream to its smi)), but the majority of the unit is in valley. Gilberts Big Creek is 1 of 11 Red confluence with Bowen Creek, and 9.6 Federal ownership (administered by Bird River tributaries (Units 18–28) that skm (6.0 smi) of Bowen Creek from its DNBF). Land and resource management support Kentucky arrow darter headwaters downstream to the Red Bird decisions and activities within the populations (Thomas 2008, entire;

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Service 2012, entire). See the agricultural runoff, and natural gas and management considerations or description of Unit 18 for more oil exploration activities. These threats protection to address adverse effects information regarding the are in addition to random effects of (e.g., siltation) associated with road characterization of the streams within drought, floods, or other natural runoff, off-road vehicle use, and timber this drainage. phenomena. This unit provides habitat management (on DBNF). These threats Within Unit 24, the physical and for reproduction and feeding, comprises are in addition to random effects of biological features may require special a portion of the species’ core population drought, floods, or other natural management considerations or within the Red Bird River watershed, phenomena. This unit provides habitat protection to address adverse effects and contributes to connectivity of for reproduction and feeding, comprises (e.g., siltation, water pollution) streams within the watershed. a portion of the species’ core population associated with road runoff, off-road vehicle use, logging (on private land), Unit 26: Big Double Creek and within the Red Bird River watershed, timber management (on DBNF), Tributaries, Clay County, Kentucky and contributes to connectivity of inadequate sewage treatment, Unit 26 is located adjacent to Big streams within the watershed. agricultural runoff, and natural gas and Double Creek Road in southeastern Clay Unit 27: Little Double Creek, Clay oil exploration activities. These threats County. This unit includes 1.4 skm (0.9 County, Kentucky are in addition to random effects of smi) of Left Fork Big Double Creek from drought, floods, or other natural its headwaters downstream to its Unit 27 is located adjacent to Little phenomena. This unit provides habitat confluence with Big Double Creek, 1.8 Double Creek Road in southeastern Clay for reproduction and feeding, comprises skm (1.1 smi) of Right Fork Big Double County. This unit includes 3.4 skm (2.1 a portion of the species’ core population Creek from its headwaters downstream smi) of Little Double Creek from its within the Red Bird River watershed, to its confluence with Big Double Creek, headwaters downstream to its and contributes to connectivity of and 7.1 skm (4.4 smi) of Big Double confluence with the Red Bird River. Creek from its headwaters downstream streams within the watershed. Live Kentucky arrow darters have been to its confluence with the Red Bird captured from two localities in Unit 27 Unit 25: Sugar Creek, Clay and Leslie River. Live Kentucky arrow darters have Counties, Kentucky been captured from numerous localities (Thomas 2008, p. 4; Service Unit 25 is located off Sugar Creek in Unit 26, which has been surveyed unpublished data). One hundred Road in southeastern Clay County and regularly by KDFWR and Service percent of this unit is in Federal western Leslie County and includes 7.2 personnel (Thomas 2008, p. 4; Thomas ownership (administered by DBNF), and skm (4.5 smi) of Sugar Creek from its et al. 2014, p. 23; Service unpublished the DBNF’s Redbird Ranger District headwaters downstream to its data). This unit is entirely in Federal headquarters is located off KY 66 at the confluence with the Red Bird River. ownership (administered by DNBF). mouth of Little Double Creek. Land and Live Kentucky arrow darters have been Land and resource management resource management decisions and captured throughout this unit (Thomas decisions and activities within the activities within the DBNF are guided 2008, p. 4; Thomas et al. 2014, p. 23). DBNF are guided by DBNF’s LRMP by DBNF’s LRMP (USFS 2004, pp. 1– A portion of this unit is privately owned (USFS 2004, pp. 1–14). 14). (1.1 skm (0.7 smi)), but the majority of The watershed surrounding Unit 26 is The watershed surrounding Unit 27 is the unit is in Federal ownership relatively undisturbed and dominated entirely forested, with no private (administered by DNBF). Land and by forest, with about 90 percent in resource management decisions and Federal ownership (administered by residences or other structures. The only activities within the DBNF are guided DBNF). The only residential interruption in the canopy of the by DBNF’s LRMP (USFS 2004, pp. 1– development is concentrated along watershed is the Little Double Creek 14). Arnett Fork Road, which parallels Road corridor, which traverses the The watershed surrounding Unit 25 is Arnett Fork, a first order tributary of Big length of the valley. Little Double Creek relatively undisturbed and dominated Double Creek. A USFS public use area is 1 of 11 Red Bird River tributaries by forest. A few scattered residences (Big Double Creek Recreational Area) is (Units 18–28) that support Kentucky and small farms are located along Sugar located adjacent to Unit 26, arrow darter populations (Thomas 2008, Creek Road at the downstream end of approximately 1.6 skm (1.0 smi) entire; Service 2012, entire). See the the valley near the mouth of Sugar upstream of Arnett Fork. This area description of Unit 18 for more Creek. Several gas and oil wells are also consists of a gravel road and parking lot, information regarding the scattered throughout the valley. Sugar a bathroom facility, several picnic characterization of the streams within Creek is 1 of 11 Red Bird River tables, and two maintained fields this drainage. tributaries (Units 18–28) that support connected by a pedestrian bridge over Within Unit 27, the physical and Kentucky arrow darter populations Big Double Creek. Upstream of the biological features may require special (Thomas 2008, entire; Service 2012, public use area, Big Double Creek can be management considerations or entire). See the description of Unit 18 accessed via USFS Road 1501, which for more information regarding the extends upstream to the confluence of protection to address adverse effects characterization of the streams within the Left and Right Forks. Big Double (e.g., siltation) associated with road this drainage. Creek is 1 of 11 Red Bird River runoff, illegal off-road vehicle use, and Within Unit 25, the physical and tributaries (Units 18–28) that support timber management (on DBNF). These biological features may require special Kentucky arrow darter populations threats are in addition to random effects management considerations or (Thomas 2008, entire; Service 2012, of drought, floods, or other natural protection to address adverse effects entire). See the description of Unit 18 phenomena. This unit provides habitat (e.g., siltation, water pollution) for more information regarding the for reproduction and feeding, comprises associated with road runoff, off-road characterization of the streams within a portion of the species’ core population vehicle use, logging (on private land), this drainage. within the Red Bird River watershed, timber management (on DBNF), Within Unit 26, the physical and and contributes to connectivity of inadequate sewage treatment, biological features may require special streams within the watershed.

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Unit 28: Jacks Creek, Clay County, darters have been captured throughout and hillsides in most of the valley are Kentucky Unit 29 as a result of a reintroduction relatively undisturbed and dominated This unit is located along Jacks Creek effort by KDFWR and Conservation by forest. Within Unit 30, the physical and Road, north of Hal Rogers Parkway and Fisheries, Inc. (CFI) of Knoxville, biological features may require special east of KY 66 in eastern Clay County. Tennessee (Thomas et al. 2014, p. 23) management considerations or Unit 28 includes 5.9 skm (3.7 smi) of (see Available Conservation Measures protection to address adverse effects Jacks Creek from its headwaters section of our final listing rule (e.g., siltation, water pollution) downstream to its confluence with the published elsewhere in this Federal Register). One hundred percent of this associated with road runoff, agricultural Red Bird River. Live Kentucky arrow unit is in Federal ownership runoff, inadequate sewage treatment, darters have been captured from Unit 28 (administered by DBNF). Land and lack of riparian buffers, construction just downstream of the Crib Branch resource management decisions and and maintenance of county roads, illegal confluence (Service 2012, entire). A activities within the DBNF are guided off-road vehicle use, and logging on small portion of this unit is in Federal by DBNF’s LRMP (USFS 2004, pp. 1– private land and timber management on ownership (0.5 skm (0.3 smi)), but the 14). DBNF. These threats are in addition to majority of the unit is privately owned. The watershed surrounding Unit 29 is random effects of drought, floods, or For the portion of the unit in Federal entirely forested, with no private other natural phenomena. This unit ownership (administered by DBNF), residences or other structures. The only provides habitat for reproduction and land and resource management minor interruption in the canopy of the feeding, helps to maintain the decisions and activities within the watershed is the USFS Road 1633 geographical range of the species, and DBNF are guided by DBNF’s LRMP corridor, which parallels Long Fork for represents the only occupied habitat (USFS 2004, pp. 1–14). part of its length. Habitats in Long Fork within the Goose Creek watershed. The valley bottom surrounding Unit are similar to other occupied streams Unit 31: Bullskin Creek, Clay and Leslie 28 is composed of a mixture of (Units 18–28) in the Red Bird River Counties, Kentucky residences (many in clusters) and small drainage. See the description of Unit 18 farms (e.g., pasture, hayfields) scattered for more information regarding the Unit 31 is located along KY 1482, east along Jacks Creek Road, which parallels characterization of the streams within of the town of Oneida, Kentucky, in Jacks Creek for most of its length. the Red Bird drainage. eastern Clay County and northwestern Ridgetops and hillsides in most of the Within Unit 29, the physical and Leslie County. It includes 21.7 skm valley are relatively undisturbed and biological features may require special (13.5 smi) of Bullskin Creek from its dominated by forest. Jacks Creek is 1 of management considerations or confluence with Old House Branch 11 Red Bird River tributaries (Units 18– protection to address adverse effects downstream to its confluence with the 28) that support Kentucky arrow darter (e.g., siltation) associated with road South Fork Kentucky River. Live populations (Thomas 2008, entire; runoff, illegal off-road vehicle use, and Kentucky arrow darters have been Service 2012, entire). See the timber management (on DBNF). These captured from Unit 31 at the confluence description of Unit 18 for more threats are in addition to random effects of Long Branch and just upstream of the information regarding the of drought, floods, or other natural confluence of Barger Branch (Thomas characterization of the streams within phenomena. This unit provides habitat 2008, p. 4; Service 2012, entire). A small this drainage. for reproduction and feeding, comprises portion of this unit is in Federal Within Unit 28, the physical and a portion of the species’ core population ownership (0.4 skm (0.2 smi)), but the biological features may require special within the Red Bird River watershed, majority of the unit is privately owned. management considerations or and contributes to connectivity of For the portion of the basin in Federal protection to address adverse effects streams within the watershed. ownership (administered by DBNF), (e.g., siltation, water pollution) land and resource management associated with road runoff, inadequate Unit 30: Horse Creek, Clay County, decisions and activities within the sewage treatment, agricultural runoff, Kentucky DBNF are guided by DBNF’s LRMP inadequate riparian buffers, Unit 30 is located adjacent to (USFS 2004, pp. 1–14). construction and maintenance of county Reynolds Road and Elijah Feltner Road The valley bottom surrounding Unit roads, illegal off-road vehicle use, in southwestern Clay County. It 31 is composed of a mixture of logging (on private land), and timber includes 5.0 skm (3.1 smi) of Horse residences (many in clusters) and small management (on DBNF). These threats Creek from its headwaters downstream farms (e.g., pasture, hayfields) scattered are in addition to random effects of to its confluence with Pigeon Roost along KY 1482, which parallels Bullskin drought, floods, or other natural Branch. Live Kentucky arrow darters Creek for its entire length. Ridgetops phenomena. This unit provides habitat have been captured within this unit and hillsides in most of the valley are for reproduction and feeding, comprises approximately 1.9 skm (1.2 smi) relatively undisturbed and dominated a portion of the species’ core population downstream of the confluence of Horse by forest, but a few watersheds show within the Red Bird River watershed, Creek and Tuttle Branch (Service signs of active or recent disturbance. and contributes to connectivity of unpublished data). A portion of Unit 30 Surface coal mining is currently ongoing streams within the watershed. is in Federal ownership (2.0 skm (1.2 in the watersheds of Wiles Branch smi)), but the majority of the unit is (Permit #826–0649), Barger Branch Unit 29: Long Fork, Clay County, privately owned. For the portion of the (Permit #826–0664), and a few unnamed Kentucky basin in Federal ownership tributaries of Bullskin Creek (Permit Unit 29 is located along USFS Road (administered by DBNF), land and #826–0664). Recent logging activities 1633, which is west of KY 149 and the resource management decisions and have occurred in the watershed of Panco Hal Rogers Parkway in eastern Clay activities within the DBNF are guided Branch. County. Unit 29 includes 2.2 skm (1.4 by DBNF’s LRMP (USFS 2004, pp. 1– Within Unit 31, the physical and smi) of Long Fork from its headwaters 14). The valley bottom surrounding Unit biological features may require special downstream to its confluence with 30 is composed of a mixture of forest, management considerations or Hector Branch. Live Kentucky arrow small farms, and residences. Ridgetops protection to address adverse effects

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(e.g., siltation, water pollution) Joyce Fork of Laurel Fork (Permit #895– provides habitat for reproduction and associated with road runoff, surface coal 0175). feeding, helps to maintain the mining, inadequate sewage treatment, Within Unit 32, the physical and geographical range of the species, and agricultural runoff, lack of riparian biological features may require special provides opportunity for population buffers, construction and maintenance management considerations or growth. of county roads, illegal off-road vehicle protection to address adverse effects (e.g., siltation, water pollution) Unit 34: Silver Creek, Lee County, use, and logging. These threats are in Kentucky addition to random effects of drought, associated with road runoff, surface coal floods, or other natural phenomena. mining, inadequate sewage treatment, Unit 34 is located along along Silver This unit provides habitat for inadequate riparian buffers, agricultural Creek Road, partially within the city reproduction and feeding, helps to runoff, construction and maintenance of limits of Beattyville in central Lee maintain the geographical range of the roads, illegal off-road vehicle use, County. This unit includes 6.2 skm (3.9 species, and provides opportunity for logging (on private land), and timber smi) of Silver Creek from its headwaters population growth. management (on DBNF). These threats downstream to its confluence with the are in addition to random effects of Kentucky River. Live Kentucky arrow Unit 32: Buffalo Creek and Tributaries, drought, floods, or other natural darters have been captured within Unit Owsley County, Kentucky phenomena. This unit provides habitat 34 approximately 1.4 skm (0.9 smi) Unit 32 is located north of Oneida, for reproduction and feeding, represents upstream of the mouth of Silver Creek Kentucky, and east of KY 11 in a stronghold for the species within the (Thomas 2008, p. 5). This unit is located southeastern Owsley County. This unit lower half of the South Fork Kentucky almost entirely on private land, except includes 2.0 skm (1.2 smi) of Cortland River sub-basin, and likely acts as a for any small amount that is publicly Fork from its headwaters downstream to source population. owned in the form of bridge crossings its confluence with Laurel Fork, 6.4 skm and road easements. Unit 33: Lower Buffalo Creek, Lee and The valley surrounding Unit 34 is (4.0 smi) of Laurel Fork from its Owsley Counties, Kentucky unusual among occupied watersheds headwaters downstream to its Unit 33 is located along KY 1411 and because it is not located in a rural area. confluence with Left Fork Buffalo Creek, Straight Fork-Zeke Branch Road in The mouth of Silver Creek (downstream 4.6 skm (2.9 smi) of Lucky Fork from its southern Lee and northern Owsley terminus of Unit 34) is located within headwaters downstream to its Counties. This unit includes 2.2 skm the city limits of Beattyville, and the confluence with Left Fork Buffalo (1.4 smi) of Straight Fork from its downstream half of the watershed is Crfeek, 5.1 skm (3.2 smi) of Left Fork headwaters downstream to its moderately developed, with numerous Buffalo Creek from its headwaters confluence with Lower Buffalo Creek residences along Silver Creek Road. The downstream to its confluence with and 5.1 skm (3.2 smi) of Lower Buffalo upstream half of the watershed is less Buffalo Creek, 17.3 skm (10.8 smi) of Creek from its confluence with Straight developed and dominated by forest. Right Fork Buffalo Creek from its Fork downstream to its confluence with Within this unit, the physical and headwaters downstream to its the South Fork Kentucky River. Live biological features may require special confluence with Buffalo Creek, and 2.7 Kentucky arrow darters have been management considerations or skm (1.7 smi) of Buffalo Creek from its captured within Unit 33 at the protection to address adverse effects confluence with Left Fork Buffalo Creek, confluence of Lower Buffalo Creek and (e.g., siltation, water pollution) and Right Fork Buffalo Creek Straight Fork (Thomas 2008, p. 4). This associated with road runoff, downstream to its confluence with the unit is located almost entirely on private construction and maintenance of roads, South Fork Kentucky River. Live land, except for any small amount that inadequate sewage treatment, Kentucky arrow darters have been is publicly owned in the form of bridge inadequate riparian buffers, and illegal captured from multiple locations crossings and road easements. off-road vehicle use. These threats are in throughout Unit 32 (Thomas 2008, p. 4; Ridgetops and hillsides in most of the addition to random effects of drought, Service 2012, entire). A portion of this valley surrounding Unit 33 are floods, or other natural phenomena. unit is in Federal ownership relatively undisturbed and dominated This unit provides habitat for (administered by DBNF) (14.9 skm (9.3 by forest, but large portions of the valley reproduction and feeding, helps to smi)), but the majority of the unit is in bottom surrounding Unit 33 have been maintain the geographical range of the private ownership. For the portion in cleared and consist of a mixture of species, and provides opportunity for Federal ownership, land and resource residences (many in clusters) and small population growth. management decisions and activities are farms (e.g., pasture, hayfields, row guided by DBNF’s LRMP (USFS 2004, crops). Extensive logging has occurred Unit 35: Travis Creek, Jackson County, pp. 1–14). recently (within the last 7 years) within Kentucky Ridgetops and hillsides in most of the Jerushia Branch, a first-order tributary of Unit 35 is located along Travis Creek valley surrounding Unit 32 are Lower Buffalo Creek. Road in eastern Jackson County. This relatively undisturbed and dominated Within this unit, the physical and unit includes 4.1 skm (2.5 smi) of Travis by forest, but portions of the valley biological features may require special Creek from its headwaters downstream bottom surrounding Unit 32 have been management considerations or to its confluence with Hector Branch. cleared and consist of a mixture of protection to address adverse effects Live Kentucky arrow darters have been residences (many in clusters) and small (e.g., siltation, water pollution) captured within Unit 35 approximately farms (e.g., pasture, hayfields, row associated with road runoff, 1.8 skm (1.1 smi) upstream of the mouth crops) scattered along roadways. Surface construction and maintenance of roads, of Travis Creek. This unit is located coal mining has been conducted inadequate sewage treatment, almost entirely on private land, except recently or is currently ongoing in the inadequate riparian buffers, agricultural for any small amount that is publicly headwaters of Left Fork Buffalo Creek, runoff, illegal off-road vehicle use, and owned in the form of bridge crossings specifically Stamper Branch of Lucky logging. These threats are in addition to and road easements. A few agricultural Fork (Permit #895–0175), Cortland Fork random effects of drought, floods, or fields are located near the mouth of of Laurel Fork (Permit #813–0271), and other natural phenomena. This unit Travis Creek, but most of the watershed

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surrounding Unit 35 is forested, with no Unit 37: Granny Dismal Creek, Lee and but a few scattered residences and small private residences or other structures. Owsley Counties, Kentucky farms occur in the headwaters of Some of the forest is early successional Unit 37 is located west of Sturgeon Rockbridge Fork near the Mountain due to recent logging in the watershed. Creek in western Lee and eastern Parkway (KY 402). Within Unit 38, the physical and Within Unit 35, the physical and Owsley Counties. This unit includes 6.9 biological features may require special biological features may require special skm (4.3 smi) of Granny Dismal Creek management considerations or management considerations or from its confluence with Harris Branch downstream to its confluence with protection to address adverse effects protection to address adverse effects (e.g., siltation, water pollution) (e.g., siltation, water pollution) Sturgeon Creek. Live Kentucky arrow darters have been captured within Unit associated with road runoff, illegal off- associated with road runoff, off-road road vehicle use, agricultural runoff, vehicle use, inadequate riparian buffers, 37 approximately 1.1 skm (0.7 smi) upstream of the mouth of Granny timber management (on DBNF), and construction and maintenance of county inadequate sewage treatment. These roads, agricultural runoff, and logging. Dismal Creek. A portion (2.5 skm (1.6 smi)) of this unit is in Federal threats are in addition to random effects These threats are in addition to random of drought, floods, or other natural effects of drought, floods, or other ownership (administered by DBNF), but the majority of the unit is privately phenomena. This unit provides habitat natural phenomena. This unit provides for reproduction and feeding, increases habitat for reproduction and feeding, owned. Land and resource management decisions and activities within the population redundancy within the increases population redundancy within species’ range, and provides the the species’ range, and provides the DBNF are guided by DBNF’s LRMP (USFS 2004, pp. 1–14). The watershed opportunity for population growth at opportunity for population growth at the western extent of the species’ range. the western extent of the species’ range. surrounding Unit 37 is relatively undisturbed and dominated by forest, Effects of Critical Habitat Designation Unit 36: Wild Dog Creek, Jackson and but a few scattered residences and small Owsley Counties, Kentucky farms occur in the headwaters just east Section 7 Consultation of KY 587. Section 7(a)(2) of the Act requires Unit 36 is located west of Sturgeon Within Unit 37, the physical and Federal agencies, including the Service, Creek in eastern Jackson and biological features may require special to ensure that any action they fund, northwestern Owsley Counties. This management considerations or authorize, or carry out is not likely to unit includes 8.1 skm (5.1 smi) of Wild protection to address adverse effects jeopardize the continued existence of Dog Creek from its headwaters (e.g., siltation, water pollution) any endangered species or threatened downstream to its confluence with associated with road runoff, species or result in the destruction or Sturgeon Creek. Live Kentucky arrow construction and maintenance of roads, adverse modification of designated darters have been captured within Unit illegal off-road vehicle use, inadequate critical habitat of such species. In 36 just upstream of the mouth of Wild riparian buffers, agricultural runoff, addition, section 7(a)(4) of the Act Dog Creek. A portion of this unit is in logging (on private land), timber requires Federal agencies to confer with Federal ownership (3.8 skm (2.4 smi)), management (on DBNF), and inadequate the Service on any agency action that is but the majority of the unit is in private sewage treatment. These threats are in likely to jeopardize the continued ownership. For the portion of the unit addition to random effects of drought, existence of any species proposed to be in Federal ownership (administered by floods, or other natural phenomena. listed under the Act or result in the DBNF), land and resource management This unit provides habitat for destruction or adverse modification of decisions and activities are guided by reproduction and feeding, increases proposed critical habitat. DBNF’s LRMP (USFS 2004, pp. 1–14). population redundancy within the We published a final rule that sets The watershed surrounding Unit 36 is species’ range, and provides the forth a new definition of ‘‘destruction or relatively undisturbed and dominated opportunity for population growth at adverse modification’’ on February 11, by forest, but a few scattered residences the western extent of the species’ range. 2016 (81 FR 7214); that final rule became effective on March 14, 2016. and small farms occur in the headwaters Unit 38: Rockbridge Fork, Wolfe County, just east of KY 587. ‘‘Destruction or adverse modification’’ Kentucky means a direct or indirect alteration that Within Unit 36, the physical and Unit 38 is located within the Red appreciably diminishes the value of biological features may require special River Gorge region in northwestern critical habitat for the conservation of a management considerations or Wolfe County and represents the only listed species. Such alterations may protection to address adverse effects occupied habitat within the Red River include, but are not limited to, those (e.g., siltation, water pollution) drainage. This unit includes 4.5 skm that alter the physical or biological associated with road runoff, (2.8 smi) of Rockbridge Fork from its features essential to the conservation of construction and maintenance of roads, confluence with Harris Branch a species or that preclude or illegal off-road vehicle use, inadequate downstream to its confluence with significantly delay development of such riparian buffers, agricultural runoff, Sturgeon Creek. Live Kentucky arrow features. logging (on private land), timber darters have been captured within Unit If a Federal action may affect a listed management (on DBNF), and inadequate 38 approximately 0.2 skm (0.1 smi) species or its critical habitat, the sewage treatment. These threats are in upstream of the mouth of Rockbridge responsible Federal agency (action addition to random effects of drought, Fork. This unit is entirely in Federal agency) must enter into consultation floods, or other natural phenomena. ownership (administered by DBNF). with us. Examples of actions that are This unit provides habitat for Land and resource management subject to the section 7 consultation reproduction and feeding, increases decisions and activities within the process are actions on State, tribal, population redundancy within the DBNF are guided by DBNF’s LRMP local, or private lands that require a species’ range, and provides the (USFS 2004, pp. 1–14). The watershed Federal permit (such as a permit from opportunity for population growth at surrounding Unit 38 is relatively the U.S. Army Corps of Engineers under the western extent of the species’ range. undisturbed and dominated by forest, section 404 of the Clean Water Act (33

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U.S.C. 1251 et seq.) or a permit from the discretionary involvement or control is could eliminate or reduce the habitat Service under section 10 of the Act) or authorized by law). Consequently, necessary for growth and reproduction that involve some other Federal action Federal agencies sometimes may need to of this species. (such as funding from the Federal request reinitiation of consultation with (3) Actions that would significantly Highway Administration, Federal us on actions for which formal alter water quality (for example, Aviation Administration, or the Federal consultation has been completed, if temperature, pH, contaminants, and Emergency Management Agency). those actions with discretionary excess nutrients). Such activities could Federal actions not affecting listed involvement or control may affect include, but are not limited to, the species or critical habitat, and actions subsequently listed species or release of chemicals, biological on State, tribal, local, or private lands designated critical habitat. pollutants, or heated effluents into that are not federally funded or Application of the ‘‘Adverse surface water or connected groundwater authorized, do not require section 7 Modification’’ Standard at a point source or by dispersed release consultation. (non-point source). These activities As a result of section 7 consultation, The key factor related to the adverse could alter water conditions to levels we document compliance with the modification determination is whether, that are beyond the tolerances of the requirements of section 7(a)(2) through with implementation of the proposed Kentucky arrow darter (e.g., elevated our issuance of: Federal action, the affected critical conductivity) and result in direct or (1) A concurrence letter for Federal habitat would continue to serve its cumulative adverse effects to the species actions that may affect, but are not intended conservation role for the and its life cycle. likely to adversely affect, listed species species. Activities that may destroy or (4) Actions that would significantly or critical habitat; or adversely modify critical habitat are alter stream bed material composition (2) A biological opinion for Federal those that alter the physical or and quality by increasing sediment actions that may affect and are likely to biological features to an extent that deposition or filamentous algal growth. adversely affect, listed species or critical appreciably reduces the conservation Such activities could include, but are habitat. value of critical habitat for the Kentucky not limited to, construction projects, When we issue a biological opinion arrow darter. Such alterations may channel alteration, livestock grazing, concluding that a project is likely to include, but are not limited to, those timber harvests, off-road vehicle use, jeopardize the continued existence of a that alter the physical or biological and other watershed and floodplain listed species and/or destroy or features essential to the conservation of disturbances that release sediments or adversely modify critical habitat, we this subspecies or that preclude or nutrients into the water. These activities provide reasonable and prudent significantly delay development of such could eliminate or degrade habitats alternatives to the project, if any are features. As discussed above, the role of necessary for the growth and identifiable, that would avoid the critical habitat is to support life-history reproduction of the Kentucky arrow likelihood of jeopardy and/or needs of the species and provide for the darter by increasing the sediment destruction or adverse modification of conservation of the species. deposition to levels that would Section 4(b)(8) of the Act requires us critical habitat. We define ‘‘reasonable adversely affect its ability to complete to briefly evaluate and describe, in any and prudent alternatives’’ (at 50 CFR its life cycle. 402.02) as alternative actions identified proposed or final regulation that during consultation that: designates critical habitat, activities Exemptions involving a Federal action that may (1) Can be implemented in a manner Application of Section 4(a)(3) of the Act consistent with the intended purpose of destroy or adversely modify such the action, habitat, or that may be affected by such Section 4(a)(3)(B)(i) of the Act (2) Can be implemented consistent designation. provides that: ‘‘The Secretary shall not with the scope of the Federal agency’s Activities that may affect critical designate as critical habitat any lands or legal authority and jurisdiction, habitat, when carried out, funded, or other geographical areas owned or (3) Are economically and authorized by a Federal agency, should controlled by the Department of technologically feasible, and result in consultation for the Kentucky Defense, or designated for its use, that (4) Would, in the Director’s opinion, arrow darter. These activities include, are subject to an integrated natural avoid the likelihood of jeopardizing the but are not limited to: resources management plan [INRMP] continued existence of the listed species (1) Actions that would alter the prepared under section 101 of the Sikes and/or avoid the likelihood of geomorphology of stream habitats. Such Act (16 U.S.C. 670a), if the Secretary destroying or adversely modifying activities could include, but are not determines in writing that such plan critical habitat. limited to, instream excavation or provides a benefit to the species for Reasonable and prudent alternatives dredging, impoundment, which critical habitat is proposed for can vary from slight project channelization, road and bridge designation.’’ There are no Department modifications to extensive redesign or construction, surface coal mining, and of Defense lands with a completed relocation of the project. Costs discharge of fill materials. These INRMP within the critical habitat associated with implementing a activities could cause aggradation or designation. reasonable and prudent alternative are degradation of the channel bed Consideration of Impacts Under Section similarly variable. elevation or significant bank erosion 4(b)(2) of the Act Regulations at 50 CFR 402.16 require that would degrade or eliminate habitats Federal agencies to reinitiate necessary for growth and reproduction Section 4(b)(2) of the Act states that consultation on previously reviewed of the Kentucky arrow darter. the Secretary shall designate and make actions in instances where we have (2) Actions that would significantly revisions to critical habitat on the basis listed a new species or subsequently alter the existing flow regime or water of the best available scientific data after designated critical habitat that may be quantity. Such activities could include, taking into consideration the economic affected and the Federal agency has but are not limited to, impoundment, impact, national security impact, and retained discretionary involvement or water diversion, water withdrawal, and any other relevant impact of specifying control over the action (or the agency’s hydropower generation. These activities any particular area as critical habitat.

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The Secretary may exclude an area from this portion of Unit 6. Any section 7- or Department of Homeland Security, critical habitat if she determines that the related incremental impacts of the and, therefore, we anticipate no impact benefits of such exclusion outweigh the designation will be limited to on national security. Consequently, the benefits of specifying such area as part administrative costs only. With respect Secretary is not exercising her of the critical habitat, unless she to indirect impacts, this critical habitat discretion to exclude any areas from the determines, based on the best scientific designation is unlikely to trigger other final designation based on impacts on data available, that the failure to regulatory requirements or economic national security. designate such area as critical habitat impacts outside of the ESA. That is, the will result in the extinction of the rule is not expected to result in Exclusions Based on Other Relevant species. In making that determination, additional or different State or local Impacts the statute on its face, as well as the regulations or permitting and land use Under section 4(b)(2) of the Act, we legislative history, are clear that the management practices. also consider any other relevant impacts Secretary has broad discretion regarding Because all of the units proposed as resulting from the designation of critical which factor(s) to use and how much critical habitat for the Kentucky arrow habitat. We consider a number of weight to give to any factor. darter are currently occupied by the factors, including whether the species, any actions that may affect the landowners have developed any HCPs Consideration of Economic Impacts species or its habitat would also affect or other management plans for the area, Under section 4(b)(2) of the Act, we critical habitat and it is unlikely that or whether there are conservation consider the economic impacts of any additional conservation efforts partnerships that would be encouraged specifying any particular area as critical would be recommended to address the by designation of, or exclusion from, habitat. In order to consider economic adverse modification standard over and critical habitat. In addition, we look at impacts, we prepared an incremental above those recommended as necessary any tribal issues, and consider the effects memorandum (IEM) and to avoid jeopardizing the continued government-to-government relationship screening analysis which, together with existence of the Kentucky arrow darter. of the United States with tribal entities. our narrative and interpretation of Any anticipated incremental costs of the We also consider any social impacts that effects, constitutes our draft economic critical habitat designation will might occur because of the designation. analysis (DEA) of the proposed critical predominantly be administrative in In preparing this final rule, we have habitat designation and related factors nature and would not be significant. determined that there are currently no (Abt Associates 2015). The analysis, Critical habitat may impact property HCPs or other management plans for the dated September 11, 2015, was made values indirectly if developers assume Kentucky arrow darter, and the final available for public review from October the designation will limit the potential designation does not include any tribal 8, 2015, through December 7, 2015 (80 use of that land. However, the lands or trust resources. We anticipate FR 61030, October 8, 2015). Following designation of critical habitat is not no impact on partnerships from this the close of the comment period, we likely to result in an increase of critical habitat designation. reviewed and evaluated all information consultations, but rather only the Accordingly, the Secretary is not submitted during the comment period additional administrative effort within exercising her discretion to exclude any that may pertain to our consideration of each consultation to address the effects areas from this final designation based the probable incremental economic of each proposed agency action on on other relevant impacts. impacts of this critical habitat critical habitat. designation. Additional information A copy of the IEM and screening Required Determinations relevant to the probable incremental analysis with supporting documents Regulatory Planning and Review economic impacts of critical habitat may be obtained by contacting the (Executive Orders 12866 and 13563) designation for the Kentucky arrow Kentucky Ecological Services Field darter was summarized in the proposed Office (see FOR FURTHER INFORMATION Executive Order (E.O.) 12866 provides critical habitat designation (80 FR CONTACT) or by downloading from the that the Office of Information and 61030, October 8, 2015) and is also Internet at http://www.regulations.gov Regulatory Affairs (OIRA) will review available in the screening analysis for in Docket No. FWS–R4–ES–2015–0133. all significant rules. The Office of the Kentucky arrow darter (Abt Information and Regulatory Affairs has Associates 2015, entire), available at Exclusion Based on Economic Impacts determined that this rule is not http://www.regulations.gov in Docket Based on the Service’s consideration significant. No. FWS–R4–ES–2015–0133. of the economic impacts of the critical E.O. 13563 reaffirms the principles of The 2.7–km (1.7–mi) extension of habitat designation above, the Secretary E.O. 12866 while calling for Unit 6 was not evaluated in our original is not exercising her discretion to improvements in the nation’s regulatory screeing analysis (Abt Associates 2015, exclude any areas from this designation system to promote predictability, to entire), so we completed a review of the of critical habitat for the Kentucky reduce uncertainty, and to use the best, probable economic impacts associated arrow darter based on economic most innovative, and least burdensome with this area. Land use within this impacts. tools for achieving regulatory ends. The reach is similar to the rest of Unit 6 that executive order directs agencies to was evaluated in our screening analysis Exclusions Based on National Security consider regulatory approaches that (Abt Associates 2015, entire). Land Impacts reduce burdens and maintain flexibility ownership is almost entirely private, Under section 4(b)(2) of the Act, we and freedom of choice for the public except for a small amount that is consider whether there are areas where where these approaches are relevant, publicly owned in the form of bridge designation of critical habitat might feasible, and consistent with regulatory crossings and road easements. The have an impact on national security. In objectives. E.O. 13563 emphasizes watershed surrounding this area is preparing this final rule, we have further that regulations must be based dominated by forest, with a few determined that no lands within the on the best available science and that scattered residences, hayfields, and gas designation of critical habitat for the the rulemaking process must allow for wells. Based on our analysis, significant Kentucky arrow darter are owned or public participation and an open economic impacts are not expected in managed by the Department of Defense exchange of ideas. We have developed

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this rule in a manner consistent with impacts to indirectly regulated entities. cost compared with overall project costs these requirements. The regulatory mechanism through and are already being implemented by which critical habitat protections are oil and gas companies. Regulatory Flexibility Act (5 U.S.C. 601 realized is section 7 of the Act, which Surface coal mining occurs or could et seq.) requires Federal agencies, in potentially occur in all critical habitat Under the Regulatory Flexibility Act consultation with the Service, to ensure units for the Kentucky arrow darter. (RFA; 5 U.S.C. 601 et seq.), as amended that any action authorized, funded, or Incidental take for listed species by the Small Business Regulatory carried out by the agency is not likely associated with surface coal mining Enforcement Fairness Act of 1996 to destroy or adversely modify critical activities is currently covered under a (SBREFA; 5 U.S.C. 801 et seq.), habitat. Therefore, under section 7, only programmatic, non-jeopardy biological whenever an agency is required to Federal action agencies are directly opinion between the Office of Surface publish a notice of rulemaking for any subject to the specific regulatory Mining Reclamation and Enforcement proposed or final rule, it must prepare requirement (avoiding destruction and and the Service completed in 1996 and make available for public comment adverse modification) imposed by a (Service 1996, entire). The biological a regulatory flexibility analysis that critical habitat designation. opinion covers existing, proposed, and describes the effects of the rule on small Consequently, it is our position that future endangered and threatened entities (i.e., small businesses, small only Federal action agencies will be species that may be affected by the organizations, and small government directly regulated by this designation. implementation and administration of jurisdictions). However, no regulatory There is no requirement under the RFA surface coal mining programs under the flexibility analysis is required if the to evaluate the potential impacts to Surface Mining Control and head of the agency certifies the rule will entities not directly regulated. Reclamation Act (30 U.S.C. 1201 et not have a significant economic impact Moreover, Federal agencies are not seq.). Through its analysis, the Service on a substantial number of small small entities. Therefore, because no concluded that the proposed action entities. The SBREFA amended the RFA small entities are directly regulated by (surface coal mining and reclamation to require Federal agencies to provide a this rulemaking, the Service certifies activities) was not likely to jeopardize certification statement of the factual that the final critical habitat designation the continued existence of any basis for certifying that the rule will not will not have a significant economic endangered or threatened species, or have a significant economic impact on impact on a substantial number of small any species proposed for listing as an a substantial number of small entities. entities. endangered or threatened species, or According to the Small Business During the development of this final result in adverse modification of Administration, small entities include rule we reviewed and evaluated all designated or proposed critical habitat. small organizations such as information submitted during the Therefore, this action is not a significant independent nonprofit organizations; comment period that may pertain to our energy action, and no Statement of small governmental jurisdictions, consideration of the probable Energy Effects is required. including school boards and city and incremental economic impacts of this Unfunded Mandates Reform Act (2 town governments that serve fewer than critical habitat designation. Based on U.S.C. 1501 et seq.) 50,000 residents; and small businesses this information, we affirm our (13 CFR 121.201). Small businesses certification that this final critical In accordance with the Unfunded include manufacturing and mining habitat designation will not have a Mandates Reform Act (2 U.S.C. 1501 et concerns with fewer than 500 significant economic impact on a seq.), we make the following findings: employees, wholesale trade entities substantial number of small entities, (1) This rule will not produce a with fewer than 100 employees, retail and a regulatory flexibility analysis is Federal mandate. In general, a Federal and service businesses with less than $5 not required. mandate is a provision in legislation, million in annual sales, general and statute, or regulation that would impose heavy construction businesses with less Energy Supply, Distribution, or Use— an enforceable duty upon State, local, or than $27.5 million in annual business, Executive Order 13211 tribal governments, or the private sector, special trade contractors doing less than E.O. 13211 (Actions Concerning and includes both ‘‘Federal $11.5 million in annual business, and Regulations That Significantly Affect intergovernmental mandates’’ and agricultural businesses with annual Energy Supply, Distribution, or Use) ‘‘Federal private sector mandates.’’ sales less than $750,000. To determine requires agencies to prepare Statements These terms are defined in 2 U.S.C. if potential economic impacts to these of Energy Effects when undertaking 658(5)–(7). ‘‘Federal intergovernmental small entities are significant, we certain actions. In our economic mandate’’ includes a regulation that considered the types of activities that analysis, we found that the designation ‘‘would impose an enforceable duty might trigger regulatory impacts under of critical habitat for the Kentucky upon State, local, or tribal governments’’ this designation as well as types of arrow darter will not significantly affect with two exceptions. It excludes ‘‘a project modifications that may result. In energy supplies, distribution, or use. condition of Federal assistance.’’ It also general, the term ‘‘significant economic Natural gas and oil exploration and excludes ‘‘a duty arising from impact’’ is meant to apply to a typical development activities occur or could participation in a voluntary Federal small business firm’s business potentially occur in all of the critical program,’’ unless the regulation ‘‘relates operations. habitat units for the Kentucky arrow to a then-existing Federal program The Service’s current understanding darter; however, compliance with State under which $500,000,000 or more is of the requirements under the RFA, as regulatory requirements or voluntary provided annually to State, local, and amended, and following recent court BMPs would be expected to minimize tribal governments under entitlement decisions, is that Federal agencies are impacts of natural gas and oil authority,’’ if the provision would only required to evaluate the potential exploration and development in the ‘‘increase the stringency of conditions of incremental impacts of rulemaking on areas of critical habitat for the species. assistance’’ or ‘‘place caps upon, or those entities directly regulated by the The measures for natural gas and oil otherwise decrease, the Federal rulemaking itself and, therefore, not exploration and development are Government’s responsibility to provide required to evaluate the potential generally not considered a substantial funding,’’ and the State, local, or tribal

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governments ‘‘lack authority’’ to adjust assessment. The Act does not authorize information does not alter where and accordingly. At the time of enactment, the Service to regulate private actions what federally sponsored activities may these entitlement programs were: on private lands or confiscate private occur. However, it may assist these local Medicaid; Aid to Families with property as a result of critical habitat governments in long-range planning Dependent Children work programs; designation. Designation of critical (because these local governments no Child Nutrition; Food Stamps; Social habitat does not affect land ownership, longer have to wait for case-by-case Services Block Grants; Vocational or establish any closures, or restrictions section 7 consultations to occur). Rehabilitation State Grants; Foster Care, on use of or access to the designated Where State and local governments Adoption Assistance, and Independent areas. Furthermore, the designation of require approval or authorization from a Living; Family Support Welfare critical habitat does not affect Federal agency for actions that may Services; and Child Support landowner actions that do not require affect critical habitat, consultation Enforcement. ‘‘Federal private sector Federal funding or permits, nor does it under section 7(a)(2) would be required. mandate’’ includes a regulation that preclude development of habitat While non-Federal entities that receive ‘‘would impose an enforceable duty conservation programs or issuance of Federal funding, assistance, or permits, upon the private sector, except (i) a incidental take permits to permit actions or that otherwise require approval or condition of Federal assistance or (ii) a that do require Federal funding or authorization from a Federal agency for duty arising from participation in a permits to go forward. However, Federal an action, may be indirectly impacted voluntary Federal program.’’ agencies are prohibited from carrying by the designation of critical habitat, the The designation of critical habitat out, funding, or authorizing actions that legally binding duty to avoid does not impose a legally binding duty would destroy or adversely modify destruction or adverse modification of on non-Federal Government entities or critical habitat. A takings implications critical habitat rests squarely on the private parties. Under the Act, the only assessment has been completed and Federal agency. regulatory effect is that Federal agencies concludes that this designation of Civil Justice Reform—Executive Order must ensure that their actions do not critical habitat for Kentucky arrow 12988 destroy or adversely modify critical darter does not pose significant takings habitat under section 7. While non- implications for lands within or affected In accordance with E.O. 12988 (Civil Federal entities that receive Federal by the designation. Justice Reform), the Office of the funding, assistance, or permits, or that Solicitor has determined that the rule otherwise require approval or Federalism—Executive Order 13132 does not unduly burden the judicial authorization from a Federal agency for In accordance with E.O. 13132 system and that it meets the an action, may be indirectly impacted (Federalism), this final rule does not requirements of sections 3(a) and 3(b)(2) by the designation of critical habitat, the have significant Federalism effects. A of the Order. We are designating critical legally binding duty to avoid federalism summary impact statement is habitat in accordance with the destruction or adverse modification of not required. In keeping with provisions of the Act. To assist the critical habitat rests squarely on the Department of the Interior and public in understanding the habitat Federal agency. Furthermore, to the Department of Commerce policy, we needs of the species, the rule identifies extent that non-Federal entities are requested information from, and the elements of physical or biological indirectly impacted because they coordinated development of the features essential to the conservation of receive Federal assistance or participate proposed critical habitat designation the species. The designated areas of in a voluntary Federal aid program, the with, appropriate State resource critical habitat are presented on maps, Unfunded Mandates Reform Act would agencies in Kentucky. We received and the rule provides several options for not apply, nor would critical habitat comments from one State agency, the the interested public to obtain more shift the costs of the large entitlement Kentucky State Nature Preserves detailed location information, if desired. programs listed above onto State Commission, and have addressed them governments. in the Summary of Comments and Paperwork Reduction Act of 1995 (44 (2) We do not believe that this rule Recommendations section of this U.S.C. 3501 et seq.) would significantly or uniquely affect document. This rule does not contain any new small governments because this species From a federalism perspective, the collections of information that require occurs primarily in Federally owned designation of critical habitat directly approval by the Office of Management river channels or in remote privately affects only the responsibilities of and Budget (OMB) under the Paperwork owned stream channels. Also, this rule Federal agencies. The Act imposes no Reduction Act of 1995 (44 U.S.C. 3501 would not produce a Federal mandate of other duties with respect to critical et seq.). This rule will not impose $100 million or greater in any year, that habitat, either for States and local recordkeeping or reporting requirements is, it is not a ‘‘significant regulatory governments, or for anyone else. As a on State or local governments, action’’ under the Unfunded Mandates result, the rule does not have substantial individuals, businesses, or Reform Act. The designation of critical direct effects either on the States, or on organizations. An agency may not habitat imposes no obligations on State the relationship between the Federal conduct or sponsor, and a person is not or local governments and, as such, a Government and the States, or on the required to respond to, a collection of Small Government Agency Plan is not distribution of powers and information unless it displays a required. responsibilities among the various currently valid OMB control number. levels of government. The designation Takings—Executive Order 12630 may have some benefit to these National Environmental Policy Act (42 In accordance with E.O. 12630 governments because the areas that U.S.C. 4321 et seq.) (Government Actions and Interference contain the features essential to the It is our position that, outside the with Constitutionally Protected Private conservation of the species are more jurisdiction of the U.S. Court of Appeals Property Rights), we have analyzed the clearly defined, and the physical or for the Tenth Circuit, we do not need to potential takings implications of biological features of the habitat prepare environmental analyses designating critical habitat for Kentucky necessary to the conservation of the pursuant to the National Environmental arrow darter in a takings implications species are specifically identified. This Policy Act in connection with

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designating critical habitat under the recordkeeping requirements, °F), high dissolved oxygen Act. We published a notice outlining Transportation. concentrations (generally ≥ 6.0 mg/L), our reasons for this determination in the Regulation Promulgation moderate pH (generally 6.0 to 8.5), low Federal Register on October 25, 1983 stream conductivity (species’ abundance (48 FR 49244). This position was upheld Accordingly, we amend part 17, decreases sharply as conductivities by the U.S. Court of Appeals for the subchapter B of chapter I, title 50 of the exceed 261 mS/cm and species is Ninth Circuit (Douglas County v. Code of Federal Regulations, as set forth typically absent above 350 mS)/cm, and Babbitt, 48 F.3d 1495 (9th Cir. 1995), below: low levels of pollutants. Adequate water cert. denied 516 U.S. 1042 (1996)). PART 17—ENDANGERED AND quality is the quality necessary for Government-to-Government THREATENED WILDLIFE AND PLANTS normal behavior, growth, and viability Relationship With Tribes of all life stages of the Kentucky arrow In accordance with the President’s ■ 1. The authority citation for part 17 darter. memorandum of April 29, 1994 continues to read as follows: (v) Primary Constituent Element 5—A (Government-to-Government Relations Authority: 16 U.S.C. 1361–1407; 1531– prey base of aquatic macroinvertebrates, with Native American Tribal 1544; and 4201–4245, unless otherwise including mayfly nymphs, midge larvae, Governments; 59 FR 22951), E.O. 13175 noted. blackfly larvae, caddisfly larvae, (Consultation and Coordination With ■ 2. In § 17.95, amend paragraph (e) by stonefly nymphs, and small crayfishes. Indian Tribal Governments), and the adding the entry ‘‘Kentucky Arrow (3) Critical habitat does not include Department of the Interior’s manual at Darter (Etheostoma spilotum)’’ after the manmade structures (such as buildings, 512 DM 2, we readily acknowledge our entry for ‘‘Fountain Darter (Etheostoma aqueducts, runways, roads, and other responsibility to communicate fonticola)’’ to read as follows: paved areas) and the land on which they meaningfully with recognized Federal are located existing within the legal Tribes on a government-to-government § 17.95 Critical habitat—fish and wildlife. basis. In accordance with Secretarial * * * * * boundaries on November 4, 2016. Order 3206 of June 5, 1997 (American (e) Fishes. (4) Critical habitat map units. Data Indian Tribal Rights, Federal-Tribal * * * * * layers defining map units were created Trust Responsibilities, and the on a base of U.S. Geological Survey Endangered Species Act), we readily Kentucky Arrow Darter (Etheostoma (USGS) National Hydrography Dataset acknowledge our responsibilities to Spilotum) (NHD+) GIS data. The 1:100,000 river work directly with tribes in developing (1) Critical habitat units are depicted reach (route) files were used to calculate programs for healthy ecosystems, to on the maps below for Breathitt, Clay, river kilometers and miles. ESRIs acknowledge that tribal lands are not Harlan, Jackson, Knott, Lee, Leslie, ArcGIS 10.0 software was used to subject to the same controls as Federal Owsley, Perry, and Wolfe Counties, determine longitude and latitude public lands, to remain sensitive to Kentucky. coordinates using decimal degrees. The Indian culture, and to make information (2) Within these areas, the primary projection used in mapping all units available to tribes. constituent elements of the physical or was USA Contiguous Albers Equal Area We determined that there are no tribal biological features essential to the Conic USGS version, NAD 83, meters. lands occupied by the Kentucky arrow conservation of the Kentucky arrow The following data sources were darter at the time of listing that contain darter consist of five components: referenced to identify features (like the physical or biological features (i) Primary Constituent Element 1— roads and streams) used to delineate the essential to conservation of the species, Riffle-pool complexes and transitional upstream and downstream extents of and no tribal lands unoccupied by the areas (glides and runs) of critical habitat units: NHD+ flowline Kentucky arrow darter that are essential geomorphically stable, first- to third- and waterbody data, 2011 Navteq roads for the conservation of the species. order streams of the upper Kentucky data, USA Topo ESRI online basemap Therefore, we are not designating River drainage with connectivity service, DeLorme Atlas and Gazetteers, critical habitat for the Kentucky arrow between spawning, foraging, and resting darter on tribal lands. and USGS 7.5 minute topographic sites to promote gene flow throughout maps. The maps in this entry, as References Cited the species’ range. modified by any accompanying (ii) Primary Constituent Element 2— A complete list of references cited in regulatory text, establish the boundaries Stable bottom substrates composed of this rulemaking is available on the of the critical habitat designation. The Internet at http://www.regulations.gov gravel, cobble, boulders, bedrock ledges, coordinates, plot points, or both on in Docket No. FWS–R4–ES–2015–0133 and woody debris piles with low levels which each map is based are available and upon request from the Kentucky of siltation. to the public at the Service’s Internet (iii) Primary Constituent Element 3— Ecological Services Field Office (see FOR site, (http://fws.gov/frankfort/), at http:// An instream flow regime (magnitude, FURTHER INFORMATION CONTACT). www.regulations.gov at Docket No. frequency, duration, and seasonality of FWS–R4–ES–2015–0133, and at the Authors discharge over time) sufficient to field office responsible for this provide permanent surface flows, as The primary authors of this final designation. You may obtain field office measured during years with average rulemaking are the staff members of the location information by contacting one rainfall, and to maintain benthic Kentucky Ecological Services Field of the Service regional offices, the Office. habitats utilized by the species. (iv) Primary Constituent Element 4— addresses of which are listed at 50 CFR List of Subjects in 50 CFR Part 17 Adequate water quality characterized by 2.2. Endangered and threatened species, seasonally moderate stream (5) Note: Index map follows: Exports, Imports, Reporting and temperatures (generally ≤ 24 °C or 75 BILLING CODE 4333–15–P

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(6) Unit 1: Buckhorn Creek and Prince smi) of Buckhorn Creek from its its confluence with Boughcamp Branch Fork, and Unit 2: Eli Fork, Knott headwaters at (37.41825, ¥83.07341) (37.43259, ¥83.05591) in Knott County, County, Kentucky. downstream to its confluence with Kentucky. (i) Unit 1 includes 0.7 skm (0.4 smi) ¥ Emory Branch (37.42006, 83.07738) in (iii) Map of Units 1 and 2 follows: of Prince Fork from Mart Branch Knott County, Kentucky. (37.41291, ¥83.07000) downstream to (ii) Unit 2 includes 1.0 skm (0.6 smi) BILLING CODE 4333–15–P its confluence with Buckhorn Creek of Eli Fork from its headwaters at (37.41825, ¥83.07341), and 0.4 skm (0.3 (37.44078, ¥83.05884), downstream to

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(7) Unit 3: Coles Fork and Snag Ridge to its confluence with Coles Fork (37.45720, ¥83.13468) in Knott County, Fork, Breathitt and Knott Counties, (37.46391, ¥83.13468) in Knott County; Kentucky. Kentucky. and 8.9 skm (5.5 smi) of Coles Fork from (ii) Map of Unit 3 follows: (i) Unit 3 includes 2.1 skm (1.3 smi) its headwaters at (37.45096, BILLING CODE 4333–15–P of Snag Ridge Fork from its headwaters ¥83.07124), downstream to its at (37.47746, ¥83.11139), downstream confluence with Buckhorn Creek

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Critical Habitat for Kentucky Arrow Darter (Etheostoma spilotum) Unit 3 - Coles Fork and Snag Ridge Branch: Knott and Breathitt Counties, Kentucky u~/ Clemons Fork

"'-' Critical Habitat

~ ::Boondanes ~ 0 1 Miles Nf

I I 0 1 Kilometers

(8) Unit 4: Clemons Fork, Breathitt (37.49772, ¥83.13390), downstream to (ii) Map of Unit 4 follows: County, Kentucky. its confluence with Buckhorn Creek BILLING CODE 4333–15–P (i) Unit 4 includes 7.0 skm (4.4 smi) (37.45511, ¥83.16582) in Breathitt of Clemons Fork from its headwaters at County, Kentucky.

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(9) Unit 5: Laurel Fork Quicksand Newman Branch from its headwaters at ¥82.99476); and 13.8 skm (8.6 smi) of Creek and Tributaries, Knott County, (37.44120, ¥82.95810), downstream to Laurel Fork Quicksand Creek from its Kentucky. its confluence with Laurel Fork headwaters at (37.43001, ¥82.93016), (i) Unit 5 includes 1.2 skm (0.8 smi) Quicksand Creek (37.45893, downstream to its confluence with of Fitch Branch from its headwaters at ¥82.97417); 2.1 skm (1.3 smi) of Combs Quicksand Creek (37.45100, ¥83.02303) ¥ (37.46745, 82.95373), downstream to Branch from its headwaters at in Knott County, Kentucky. its confluence with Laurel Fork (37.43848, ¥82.97731), downstream to Quicksand Creek (37.45855, its confluence with Laurel Fork (ii) Map of Unit 5 follows: ¥82.96089); 2.7 skm (1.7 smi) of Quicksand Creek (37.44758, BILLING CODE 4333–15–P

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Critical Habitat for Kentucky Arrow Darter (Etheostoma spilotum) Unit 5 • laurel Fork Quicksand Creek and Tributaries: Knott County, Kentucky

Knott Co.

""-' Critical Habitat ;,•"'"'--" Roads C:3 County Boundaries 0 1 Miles

I I I I 0 1 Kilometers

(10) Unit 6: Middle Fork Quicksand (37.48990, ¥82.97148); 2.1 skm (1.3 Middle Fork Quicksand Creek Creek and Tributaries, Knott County, smi) of Bradley Branch from its (37.49286. ¥83.03524); and 20.3 skm and Unit 7: Spring Fork Quicksand headwaters at (37.47180, ¥82.99819), (12.6 smi) of Middle Fork Quicksand Creek, Breathitt County, Kentucky. downstream to its confluence with Creek from its headwaters at (37.48562, ¥ (i) Unit 6 includes 0.8 skm (0.5 smi) Middle Fork Quicksand Creek 82.93667), downstream to its ¥ of Big Firecoal Branch from its (37.47899, 83.01823); 2.0 skm (1.2 confluence with Quicksand Creek ¥ headwaters at (37.49363, ¥82.96426), smi) of Lynn Log Branch from its (37.498281, 83.092946) in Knott ¥ downstream to its confluence with headwaters at (37.50190, 83.01921), County, Kentucky. Middle Fork Quicksand Creek downstream to its confluence with

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(ii) Unit 7 includes 2.2 skm (1.4 smi) downstream to its confluence with (iii) Map of Units 6 and 7 follows: of Spring Fork Quicksand Creek from its Laurel Fork (37.51597, ¥82.98436) in BILLING CODE 4333–15–P headwaters at (37.50746, ¥82.96647), Breathitt County, Kentucky.

Crilic81 Habitat for Kentucky AlfOW .Darter (Etheostoma.spilotum) I,Jtllt 6 - P4id~le Fork Qui~and Cteek and Tril)utanes; .Kn;C)tt. Oollt:ttY. Kentu~kY Unit 7 - Spring Fork Quicksand Or:eek: Breathitt County; Kentuck)'

·~ Critical Habitat , ... ,'""""·" R()ad~ C3 ·Co~nty aou;ndarres 9 1 Miles j I I I I I fTITl 9 1 Kil!)rn~ters

(11) Unit 8: Hunting Creek and smi) of Negro Fork from its headwaters Hunting Creek (37.61956, ¥83.24370); Tributaries, Breathitt County, Kentucky. at (37.62992, ¥83.25760), downstream 3.1 skm (1.9 smi) of Licking Fork from ¥ (i) Unit 8 includes 0.9 skm (0.5 smi) to its confluence with Hunting Creek its headwaters at (37.63553, 83.21754, ¥ ¥ of Wolf Pen Branch from its headwaters (37.62121, 83.24433); 2.3 skm (1.4 83.21754), downstream to its at (37.64580, ¥83.23885), downstream smi) of Fletcher Fork from its confluence with Hunting Creek ¥ ¥ to its confluence with Hunting Creek headwaters at (37.61315, 83.26521), (37.61794, 83.23938); and 7.7 skm (4.8 (37.64023, ¥83.24424); 1.6 skm (1.0 downstream to its confluence with smi) of Hunting Creek from its

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confluence with Wells Fork (37.64629, (37.59235, ¥83.22803) in Breathitt (ii) Map of Unit 8 follows: ¥83.24708), downstream to its County, Kentucky. BILLING CODE 4333–15–P confluence with Quicksand Creek

Critical Habitat for Kentucky Arrow Darter (Etheostoma spilotum) Unit 8 - Hunting Creek and Tributaries: Breathitt County, Kentucky

""'-' Critical Habitat

'~ ::Bouodaries ~ 0 1 Miles Nl

I I 0 1 Kilometers

(12) Unit 9: Frozen Creek and (37.64109, ¥83.31969); 3.6 skm (2.3 its headwaters at (37.66644, Tributaries, Breathitt County, Kentucky. smi) of Negro Branch from its ¥83.34599), downstream to its (i) Unit 9 includes 4.7 skm (2.9 smi) headwaters at (37.67146, ¥83.31971), confluence with Frozen Creek of Clear Fork from its headwaters at downstream to its confluence with (37.63402, ¥83.34953); and 13.9 skm (37.63899, ¥83.27706), downstream to Frozen Creek (37.64319, ¥83.33068); (8.6 smi) of Frozen Creek from its its confluence with Frozen Creek 4.2 skm (2.6 smi) of Davis Creek from headwaters at (37.66115, ¥83.26945),

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downstream to its confluence with (ii) Map of Unit 9 follows: Morgue Fork (37.62761, ¥83.37622) in BILLING CODE 4333–15–P Breathitt County, Kentucky.

Critical Habitat for Kentucky Arrow Darter (Etheostoma spilotum) Unit 9 - Frozen Creek and Tributaries: Breathitt County, Kentucky

"'-' Critical Habitat

·'""""'·-'? Roads c::3 County Boundaries 0 1 Miles I I I I I I 0 1 Kilometers

(13) Unit 10: Holly Creek and 2.0 skm (1.3 smi) of Pence Branch from downstream to its confluence with Tributaries, Wolfe County, Kentucky. its headwaters at (37.64048, Holly Creek (37.63149, ¥83.48725) in (i) Unit 10 includes 2.8 skm (1.8 smi) ¥83.45703), downstream to its Wolfe County; 9.5 skm (5.9 smi) of of Spring Branch from its headwaters at confluence with Holly Creek (37.63413, Holly Creek from KY 1261 (37.67758, (37.67110, ¥83.44406), downstream to ¥83.47608) in Wolfe County; 4.0 skm ¥83.46792) in Wolfe County, its confluence with Holly Creek (2.5 mi) of Cave Branch from its downstream to its confluence with the (37.66384, ¥83.46780) in Wolfe County; headwaters at (37.66023, ¥83.49916),

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North Fork Kentucky River (37.62289, (ii) Map of Unit 10 follows: ¥83.49948) in Wolfe County, Kentucky. BILLING CODE 4333–15–P

Critical Habitat for Kentucky Arrow Darter (Etheostoma spilotum) Unit 10 -Holly Creek and ltlbutaries: Wolfe County, Kentucky

"'""-' Critical Habitat '?''\.,., Roads j C::3 County.Boundaries · 0 1 Miles N I I I I I I I 0 1 Kilometers

(14) Unit 11: Little Fork, Lee and (37.68456, ¥83.62465) in Wolfe County, ¥83.64553) in Wolfe County, Wolfe Counties; Unit 12: Walker Creek downstream to its confluence with downstream to its confluence with and Tributaries, Lee and Wolfe Lower Devil Creek (37.66148, Walker Creek (37.68567, ¥83.65045) in Counties; and Unit 13: Hell Creek and ¥83.59961) in Lee County, Kentucky. Lee County; 2.4 skm (1.5 smi) of Cowan Tributaries, Lee County, Kentucky. (ii) Unit 12 includes 3.9 skm (2.4 smi) Fork from its headwaters at (37.69624, (i) Unit 11 includes 3.8 skm (2.3 smi) of an unnamed tributary of Walker ¥83.66366) in Wolfe County, of Little Fork from its headwaters at Creek from its headwaters at (37.71373, downstream to its confluence with Hell

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for Certain Creek (37.67718, ¥83.65931) 1.1 skm (0.7 smi) of Huff Cave Branch headwaters at (37.64142, ¥83.68594), in Lee County; 2.0 skm (1.2 smi) of Hell from its headwaters at (37.65664, downstream to its confluence with Hell for Certain Creek from an unnamed ¥83.66033), downstream to its Creek (37.64070, ¥83.67848); 1.9 skm reservoir at (37.68377, ¥83.66804), confluence with Walker Creek (1.2 smi) of an unnamed tributary of downstream to its confluence with (37.65138, ¥83.65034) in Lee County; Hell Creek from its headwaters at Walker Creek (37.67340, ¥83.65449) in and 12.6 skm (7.8 smi) of Walker Creek (37.63199, ¥83.83.68064), downstream Lee County; 0.8 skm (0.5 smi) of from an unnamed reservoir (37.70502, to its confluence with Hell Creek ¥ Boonesboro Fork from its headwaters at 83.65490) in Wolfe County, (37.62516, ¥83.66246); and 7.1 skm (4.4 (37.66706, ¥83.66053), downstream to downstream to its confluence with smi) of Hell Creek from an unnamed North Fork Kentucky River (37.60678, ¥ its confluence with Walker Creek ¥ reservoir (37.64941, 83.68907), ¥ 83.64652) in Lee County, Kentucky. downstream to its confluence with (37.66377, 83.65408) in Lee County; (iii) Unit 13 includes 2.3 skm (1.4 2.2 skm (1.4 smi) of Peddler Creek from North Fork Kentucky River (37.60480. smi) of Miller Fork from its headwaters ¥ its headwaters at (37.67054, at (37.66074, ¥83.68005), downstream 83.65440) in Lee County, Kentucky. ¥ 83.63456), downstream to its to its confluence with Hell Creek (iv) Map of Units 11, 12, and 13 confluence with Walker Creek (37.64261, ¥83.67912); 0.7 skm (0.4 follows: ¥ (37.65696, 83.64879) in Lee County; smi) of Bowman Fork from its BILLING CODE 4333–15–P

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Critical Habitat for Kentucky Arrow Darter (Etheostoma spilotum) Unit 11- Little Fork: lee and Wolfe Counties, Kentucky Unit 12-Walker Creek and Tributaries: Wolfe and lee Counties, Kentucky Unit 13- Hell Creek and Tributaries: lee County, Kentucky

""-' Critical Habitat ·';-."\.,.,?Roads C::3 County Boundaries 0 1 Miles I I I I I I I I I 0 1 Kilometers

(15) Unit 14: Big Laurel Creek, Harlan with Combs Fork (36.99520, (36.97893, ¥83.21907) in Harlan County, Kentucky. ¥83.14086), downstream to its County, Kentucky. (i) Unit 14 includes 9.1 skm (5.7 smi) confluence with Greasy Creek (ii) Map of Unit 14 follows: of Big Laurel Creek from its confluence BILLING CODE 4333–15–P

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(16) Unit 15: Laurel Creek, Leslie Sandlick Branch (37.10825, Creek (37.13085, ¥83.43699) in Leslie County, Kentucky. ¥83.45036), downstream to its County, Kentucky. (i) Unit 15 includes 4.1 skm (2.6 smi) confluence with Left Fork Rockhouse (ii) Map of Unit 15 follows: of Laurel Creek from its confluence with BILLING CODE 4333–15–P

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(17) Unit 16: Hell For Certain Creek For Certain Creek (37.21929, its headwaters at (37.20904, and Tributaries, Leslie County, ¥83.44355); 3.1 skm (1.9 smi) of Big ¥83.47489), downstream to its Kentucky. Fork from its headwaters at (37.20930, confluence with the Middle Fork (i) Unit 16 includes 1.3 skm (0.8 smi) ¥83.42356), downstream to its Kentucky River (37.24611, ¥83.38192) of Cucumber Branch from its confluence with Hell For Certain Creek in Leslie County, Kentucky. headwaters at (37.20839, ¥83.44644), (37.23082, ¥83.40720); and 11.4 skm (ii) Map of Unit 16 follows: downstream to its confluence with Hell (7.1 smi) of Hell For Certain Creek from BILLING CODE 4333–15–P

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(18) Unit 17: Squabble Creek, Perry with Long Fork (37.29162, ¥83.54202), (ii) Map of Unit 17 follows: County, Kentucky. downstream to its confluence with the BILLING CODE 4333–15–P (i) Unit 17 includes 12.0 skm (7.5 smi) Middle Fork Kentucky River (37.34597, of Squabble Creek from its confluence ¥83.46883) in Perry County, Kentucky.

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(19) Unit 18: Blue Hole Creek and Left (36.98297, ¥83.55687); and 3.9 skm (2.4 ¥83.57354); 0.8 skm (0.5 smi) of Right Fork Blue Hole Creek, Unit 19: Upper smi) of Blue Hole Creek from its Fork Upper Bear Creek from its Bear Creek and Tributaries, Unit 20: headwaters at (36.98254, ¥83.57376), headwaters at (37.00858, ¥83.58013), Katies Creek, and Unit 21: Spring Creek downstream to its confluence with the downstream to its confluence with and Little Spring Creek, Clay County; Red Bird River (36.99288, ¥83.53672) Upper Bear Creek (37.00448, and Unit 22: Bowen Creek and in Clay County, Kentucky. ¥83.57354); and 4.5 skm (2.8 smi) of Tributaries, Leslie County, Kentucky. (ii) Unit 19 includes 1.5 skm (1.0 smi) Upper Bear Creek from its confluence (i) Unit 18 includes 1.8 skm (1.1 smi) of Left Fork Upper Bear Creek from its with Left Fork and Right Fork Upper of Left Fork from its headwaters at headwaters at (36.99519, ¥83.58446), Bear Creek (37.02109, ¥83.53423), (36.97278, ¥83.56898), downstream to downstream to its confluence with downstream to its confluence with the its confluence with Blue Hole Creek Upper Bear Creek (37.00448,

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Red Bird River (37.00448, ¥83.57354) Spring Creek (37.05555, ¥83.56339); smi) of Amy Branch from its headwaters in Clay County, Kentucky. and 8.2 skm (5.1 smi) of Spring Creek at (37.05979, ¥83.50083), downstream (iii) Unit 20 includes 5.7 skm (3.5 from its headwaters at (37.02874, to its confluence with Bowen Creek smi) of Katies Creek from its confluence ¥83.59815), downstream to its (37.05031, ¥83.51498); and 9.6 skm (6.0 with Cave Branch (37.01837, confluence with the Red Bird River smi) of Bowen Creek from its ¥ 83.58848), downstream to its (37.06189, ¥83.54134) in Clay County, headwaters at (37.03183, ¥83.46124), confluence with the Red Bird River Kentucky. downstream to its confluence with the (37.03527, ¥83.53999) in Clay County, ¥ (v) Unit 22 includes 2.2 skm (1.4 smi) Red Bird River (37.06777, 83.53840) Kentucky. in Leslie County, Kentucky. (iv) Unit 21 includes 1.0 skm (0.6 smi) of Laurel Fork from its headwaters at of Little Spring Creek from its (37.05536, ¥83.47452), downstream to (vi) Map of Units 18, 19, 20, 21, and headwaters at (37.05452, ¥83.57483), its confluence with Bowen Creek 22 follows: downstream to its confluence with (37.04702, ¥83.49641); 1.8 skm (1.1 BILLING CODE 4333–15–P

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Critical Habitat for Kentucky Arrow Darter (Etheostoma spilotum) Unit 18 - Blue Hole Creek and Left Fork Blue Hole Creek: Clay County, Kentucky Unit 19-Upper Bear Creek and Tributaries: Clay County, Kentucky Unit 20 - Katies Creek: Clay County, Kentucky Unit 21 - Spring Creek and Little Spring Creek: Clay County, Kentucky Unit 22- Bowen Creek and Tributaries: Leslie County, Kentucky

"'""' Critical Habitat ·''""'\.,.,,Roads <:::::3 County Boundaries 0 1 Miles I I I I I rrrr1 0 1 Kilometers

(20) Unit 23: Elisha Creek and downstream to its confluence with Right Fork Elisha Creek (37.08165, Tributaries, Leslie County; and Unit 24: Elisha Creek (37.08165, ¥83.51802); 2.3 ¥83.51802), downstream to its Gilberts Big Creek, and Unit 25: Sugar skm (1.4 smi) of Left Fork Elisha Creek confluence with the Red Bird River Creek, Clay and Leslie Counties, from its headwaters at (37.09632, (37.08794, ¥83.54676) in Leslie County, Kentucky. ¥83.51108), downstream to its Kentucky. (i) Unit 23 includes 4.4 skm (2.7 smi) confluence with Elisha Creek (37.08528, (ii) Unit 24 includes 7.2 skm (4.5 smi) of Right Fork Elisha Creek from its ¥83.52645); and 2.9 skm (1.8 smi) of of Gilberts Big Creek from its headwaters at (37.07255, ¥83.47839), Elisha Creek from its confluence with headwaters at (37.10825, ¥83.49164) in

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Leslie County, downstream to its (iii) Unit 25 includes 7.2 skm (4.5 with the Red Bird River (37.11804, confluence with the Red Bird River smi) of Sugar Creek from its headwaters ¥83.55952) in Clay County, Kentucky. (37.10784, ¥83.55590) in Clay County, at (37.12446, ¥83.49420) in Leslie (iv) Map of Units 23, 24, and 25 Kentucky. County, downstream to its confluence follows: BILLING CODE 4333–15–P

Critical Habitat for Kentucky Arrow Darter (Etheostoma spilotum) Unit 23 - Elisha Creek and Tributaries: Leslie County, Kentucky Unit 24 - Gilberts Big Creek: Clay and Leslie Counties, Kentucky Unit 25 - Sugar Creek: Clay and Leslie Counties, Kentucky

"'-' Critical Habitat ~~9 ::::Y Boundanes 1 0 1 Miles N

I I I I I 0 1 Kilometers

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(21) Unit 26: Big Double Creek and (37.09021, ¥83.62010), downstream to (ii) Unit 27 includes 3.4 skm (2.1 smi) Tributaries, and Unit 27: Little Double its confluence with Big Double Creek of Little Double Creek from its Creek, Clay County, Kentucky. (37.09053, ¥83.60245); and 7.1 skm (4.4 headwaters at (37.11816, ¥83.61251), (i) Unit 26 includes 1.4 skm (0.9 smi) smi) of Big Double Creek from its downstream to its confluence with the of Left Fork Big Double Creek from its confluence with the Left and Right Red Bird River (37.14025, ¥83.59197) ¥ headwaters at (37.07967, 83.60719), Forks (37.09053, ¥83.60245), in Clay County, Kentucky. downstream to its confluence with Big ¥ downstream to its confluence with the (iii) Map of Units 26 and 27 follows: Double Creek (37.09053, 83.60245); Red Bird River (37.14045, ¥83.58768) 1.8 skm (1.1 smi) of Right Fork Big BILLING CODE 4333–15–P in Clay County, Kentucky. Double Creek from its headwaters at

Critical Habitat for Kentucky Arrow Darter (Etheostoma spilotum) Unit 26 - Big Double Creek and Tributaries: Clay County, Kentucky Unit 27 - Little Double Creek: Clay County, Kentucky

_.,.,,,;:::.' ;( 1----~ "'-~ Clay Co.

""'-' Critical Habitat

"'""'''·'-"' Roads c::3 County Boundaries 0 1 Miles

I I 0 1 Kilometers

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(22) Unit 28: Jacks Creek, and Unit 29: (37.19113, ¥83.59185) in Clay County, (37.17752, ¥83.63464) in Clay County, Long Fork, Clay County, Kentucky. Kentucky. Kentucky. (i) Unit 28 includes 5.9 skm (3.7 smi) (ii) Unit 29 includes 2.2 skm (1.4 smi) (iii) Map of Units 28 and 29 follows: of Jacks Creek from its headwaters at of Long Fork from its headwaters at (37.21472, ¥83.54108), downstream to (37.16889, ¥83.65490), downstream to BILLING CODE 4333–15–P its confluence with the Red Bird River its confluence with Hector Branch

Critical Habitat for Kentucky Arrow Darter (Etheostoma spilotum) Unit 28 -Jacks Creek: Clay County, Kentucky Unit 29 - Long Fork: Clay County, Kentucky

"""" Critical Habitat ,;""'''"'""~ Roads C3 County Boundaries 0 1 Miles I I I I I I I I I 0 1 Kilometers

(23) Unit 30: Horse Creek, Clay (i) Unit 30 includes 5.0 skm (3.1 smi) its confluence with Pigeon Roost Branch County, Kentucky. of Horse Creek from its headwaters at (37.09926, ¥83.84582) in Clay County, (37.07370, ¥83.87756), downstream to Kentucky.

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(ii) Map of Unit 30 follows: BILLING CODE 4333–15–P

Critical Habitat for Kentucky Arrow Darter (Etheostoma spilotum) Unit 30 - Horse Creek: Clay County, Kentucky

'Whites Br Rd

"'-' Critical Habitat

~ ::: Bo"ndari., ~ o 1 Miles Nl

I I 0 1 Kilometers

(24) Unit 31: Bullskin Creek, Clay and confluence with Old House Branch South Fork Kentucky River (37.27322, Leslie Counties, Kentucky. (37.21218, ¥83.48798) in Leslie County, ¥83.64441) in Clay County, Kentucky. (i) Unit 31 includes 21.7 skm (13.5 downstream to its confluence with the (ii) Map of Unit 31 follows: smi) of Bullskin Creek from its BILLING CODE 4333–15–P

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(25) Unit 32: Buffalo Creek and (2.9 smi) of Lucky Fork from its headwaters at (37.26972, ¥83.53646), Tributaries, Owsley County, Kentucky. headwaters at (37.37682, ¥83.55711), downstream to its confluence with ¥ (i) Unit 32 includes 2.0 skm (1.2 smi) downstream to its confluence with Left Buffalo Creek (37.35197, 83.63583); of Cortland Fork from its headwaters at Fork Buffalo Creek (37.35713, and 2.7 skm (1.7 smi) of Buffalo Creek ¥ (37.35052, ¥83.54570), downstream to 83.59367); 5.1 skm (3.2 smi) of Left from its confluence with the Left and ¥ its confluence with Laurel Fork Fork Buffalo Creek from its confluence Right Forks (37.35197, 83.63583), (37.34758, ¥83.56466); 6.4 skm (4.0 with Lucky Fork and Left Fork downstream to its confluence with the ¥ smi) of Laurel Fork from its headwaters (37.35713, 83.59367), downstream to South Fork Kentucky River (37.35051, ¥ at (37.32708, ¥83.56450), downstream its confluence with Buffalo Creek 83.65233) in Owsley County, ¥ to its confluence with Left Fork Buffalo (37.35197, 83.63583); 17.3 skm (10.8 Kentucky. Creek (37.347758, ¥83.56466); 4.6 skm smi) of Right Fork Buffalo Creek from its

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(ii) Map of Unit 32 follows: BILLING CODE 4333–15–P

Critical Habitat for Kentucky Arrow Darter (Etheostoma spilotum) Unit 32 - Buffalo Creek and Tributaries: Owsley County, Kentucky

"'-' Critical Habitat ,,.. "'-"~ Roads C::3 County Boundaries 0 1 Miles I I I I I I I I I 0 1 Kilometers

(26) Unit 33: Lower Buffalo Creek, Lee (37.50980, ¥83.65015) in Owsley Kentucky River (37.53164, ¥83.68732) and Owsley Counties, Kentucky. County; and 5.1 skm (3.2 smi) of Lower in Lee County, Kentucky. (i) Unit 33 includes 2.2 skm (1.4 smi) Buffalo Creek from its confluence with (ii) Map of Unit 33 follows: of Straight Fork from its headwaters at Straight Fork (37.50980, ¥83.65015) in BILLING CODE 4333–15–P (37.49993, ¥83.62996), downstream to Owsley County, downstream to its its confluence with Lower Buffalo Creek confluence with the South Fork

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(27) Unit 34: Silver Creek, Lee (37.61857, ¥83.72442), downstream to (ii) Map of Unit 34 follows: County, Kentucky. its confluence with the Kentucky River BILLING CODE 4333–15–P (i) Unit 34 includes 6.2 skm (3.9 smi) (37.57251, ¥83.71264) in Lee County, of Silver Creek from its headwaters at Kentucky.

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(28) Unit 35: Travis Creek, Jackson (37.43600, ¥83.84609) in Jackson (iii) Unit 37 includes 6.9 skm (4.3 County; Unit 36: Wild Dog Creek, County, Kentucky. smi) of Granny Dismal Creek from its ¥ Jackson and Owsley Counties; and Unit (ii) Unit 36 includes 8.1 skm (5.1 smi) headwaters at (37.49862, 83.88435) in 37: Granny Dismal Creek, Owsley and of Wild Dog Creek from its headwaters Owsley County, downstream to its Lee Counties, Kentucky. at (37.47081, ¥83.89329) in Jackson confluence with Sturgeon Creek (37.49586, ¥83.81629) in Lee County, (i) Unit 35 includes 4.1 skm (2.5 smi) County, downstream to its confluence Kentucky. of Travis Creek from its headwaters at with Sturgeon Creek (37.48730, ¥ ¥ (iv) Map of Units 35, 36, and 37 (37.43039, 83.88516), downstream to 83.82319) in Owsley County, follows: its confluence with Sturgeon Creek Kentucky. BILLING CODE 4333–15–P

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Critical Habitat for Kentucky Arrow Darter (Etheostoma spilotum) Unit 35 - Travis Creek: Jackson CountyJ Kentucky Unit 36 -Wild Dog Creek: Jackson and Owsley Counties, Kentucky Unit 37 -Granny Dismal Creek: Owsley and Lee Counties, Kentucky

Unit 36- Wild Dog creek J

""""' Critical Habitat

'~ ::Boondane• ~ 0 1~~ Nl

I I I I I 0 1 Kilometers

(29) Unit 38: Rockbridge Fork, Wolfe at (37.76228, ¥83.59553), downstream (ii) Map of Unit 38 follows: County, Kentucky. to its confluence with Swift Camp Creek BILLING CODE 4333–15–P (i) Unit 38 includes 4.5 skm (2.8 smi) (37.76941, ¥83.56134) in Wolfe County, of Rockbridge Fork from its headwaters Kentucky.

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* * * * * Dated: September 20, 2016. Karen Hyun, Acting Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2016–23539 Filed 10–4–16; 8:45 am] BILLING CODE 4333–15–P

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