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Designation of Critical Habitat for the Cumberland Darter, Rush Darter, Yellowcheek Darter, Chucky Madtom, and Laurel Dace; Final Rule

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Designation of Critical Habitat for the Cumberland Darter, Rush Darter, Yellowcheek Darter, Chucky Madtom, and Laurel Dace; Final Rule Vol. 77 Tuesday, No. 200 October 16, 2012 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Cumberland Darter, Rush Darter, Yellowcheek Darter, Chucky Madtom, and Laurel Dace; Final Rule VerDate Mar<15>2010 17:42 Oct 15, 2012 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16OCR2.SGM 16OCR2 tkelley on DSK3SPTVN1PROD with RULES2 63604 Federal Register / Vol. 77, No. 200 / Tuesday, October 16, 2012 / Rules and Regulations DEPARTMENT OF THE INTERIOR designation will also be available at the designated as critical habitat for the Fish and Wildlife Service Web site and rush darter in Etowah, Jefferson, and Fish and Wildlife Service Field Office set out above, and may also Winston Counties, Alabama; 164 rkm be included in the preamble and/or at (102 rmi) are being designated as critical 50 CFR Part 17 http://www.regulations.gov. habitat for the yellowcheek darter in [Docket No. FWS–R4–ES–2011–0074; FOR FURTHER INFORMATION CONTACT: For Cleburne, Searcy, Stone, and Van Buren 4500030114] information regarding the Cumberland Counties, Arkansas; 32 rkm (20 rmi) are darter, contact Lee Andrews, Field being designated as critical habitat for RIN 1018–AX76 Supervisor, U.S. Fish and Wildlife the Chucky madtom in Greene County, Tennessee; and 42 rkm (26 rmi) are Endangered and Threatened Wildlife Service, Kentucky Fish and Wildlife Office, J.C. Watts Federal Building, 330 being designated as critical habitat for and Plants; Designation of Critical the laurel dace in Bledsoe, Rhea, and Habitat for the Cumberland Darter, W. Broadway, Room 265, Frankfort, KY 40601; telephone 502–695–0468; Sequatchie Counties, Tennessee. Rush Darter, Yellowcheek Darter, The basis for our action. The Act Chucky Madtom, and Laurel Dace facsimile 502–695–1024. For information regarding the rush darter, requires that the Service designate AGENCY: Fish and Wildlife Service, contact Stephen Ricks, Field Supervisor, critical habitat at the time of listing to Interior. U.S. Fish and Wildlife Service, the extent prudent and determinable. We have determined that designation is ACTION: Final rule. Mississippi Fish and Wildlife Office, 6578 Dogwood View Parkway, Suite A, prudent and critical habitat is SUMMARY: We, the U.S. Fish and Jackson, MS 39213; telephone 601–965– determinable (see Critical Habitat Wildlife Service, designate critical 4900; facsimile 601–965–4340 or Bill section below). We prepared an economic analysis. habitat for the Cumberland darter Pearson, Field Supervisor, U.S. Fish and To ensure that we consider the (Etheostoma susanae), rush darter Wildlife Service, Alabama Fish and (Etheostoma phytophilum), yellowcheek economic impacts, we prepared an Wildlife Office, 1208–B Main Street, economic analysis of the designation of darter (Etheostoma moorei), Chucky Daphne, AL 36526; telephone 251–441– madtom (Noturus crypticus), and laurel critical habitat. We published an 5181; facsimile 251–441–6222. For announcement and solicited public dace (Chrosomus saylori) under the information regarding the yellowcheek Endangered Species Act of 1973, as comments on the draft economic darter, contact Jim Boggs, Field analysis. The analysis found that the amended. In total, approximately 86 Supervisor, U.S. Fish and Wildlife river kilometers (rkm) (54 river miles present value of the total direct Service, Arkansas Fish and Wildlife (administrative) incremental cost of (rmi)) are being designated as critical Office, 110 South Amity Road, Suite habitat for the Cumberland darter, 44 critical habitat designation is $644,000 300, Conway, AR 72032; telephone 501– over the next 20 years assuming a seven rkm (27 rmi) and 12 hectares (ha) (29 513–4470; facsimile 501–513–4480. For acres (ac)) for the rush darter, 164 rkm percent discount rate. Primarily these information regarding the Chucky costs are associated with consultation (102 rmi) for the yellowcheek darter, 32 madtom or laurel dace, contact Mary rkm (20 rmi) for the Chucky madtom, for water quality management activities, Jennings, Field Supervisor, U.S. Fish transportation; coal mining; oil and and 42 rkm (26 rmi) for the laurel dace. and Wildlife Service, Tennessee Fish The effect of this regulation is to natural gas development; agriculture, and Wildlife Office, 446 Neal Street, ranching, and silviculture; dredging, conserve the five species’ habitat under Cookeville, TN 38501; telephone 931– the Endangered Species Act. channelization, impoundments, dams, 525–4973; facsimile 931–528–7075. If and diversions; and recreation at DATES: This rule becomes effective on you use a telecommunications device $10,000 (Industrial Economics, Inc. November 15, 2012. for the deaf (TDD), call the Federal 2012). ADDRESSES: This final rule and the Information Relay Service (FIRS) at Peer review and public comment. We associated final economic analysis are 800–877–8339. sought comments from independent available on the Internet at http:// SUPPLEMENTARY INFORMATION: specialists to ensure that our www.regulations.gov. Comments and Executive Summary designation is based on scientifically materials received, as well as supporting sound data and analyses. We invited documentation used in preparing this Why we need to publish a rule. Under these peer reviewers to comment on our final rule, are available for public the Endangered Species Act, any species conclusions in the critical habitat inspection, by appointment, during that is determined to be an endangered proposal. We also considered all normal business hours, at the U.S. Fish or threatened species requires critical comments and information received and Wildlife Service, Tennessee habitat to be designated, to the during the comment period. Ecological Services Field Office, 446 maximum extent prudent and Neal Street, Cookeville, TN 38501; determinable. Designations and Background telephone 931–528–6481; facsimile revisions of critical habitat can only be It is our intent to discuss in this final 931–528–7075. completed by issuing a rule. rule only those topics directly relevant The coordinates or plot points or both This rule will designate critical to the development and designation of from which the maps are generated are habitat for the Cumberland Darter, Rush critical habitat for the Cumberland included in the administrative record Darter, Yellowcheek Darter, Chucky darter, rush darter, yellowcheek darter, for this critical habitat designation and Madtom, and Laurel Dace. In total, Chucky madtom, and laurel dace under are available at http://www.fws.gov/ approximately 86 river kilometers (rkm) the Endangered Species Act of 1973, as cookeville, http://www.regulations.gov (54 river miles (rmi)) are being amended (Act; 16 U.S.C. 1531 et seq.). at Docket No. FWS–R4–ES–2011–0074, designated as critical habitat for the For more information on the biology and at the Tennessee Fish and Wildlife Cumberland darter in McCreary and and ecology of these five fishes, refer to Office (see FOR FURTHER INFORMATION Whitley Counties, Kentucky, and the final listing rule published in the CONTACT). Any additional tools or Campbell and Scott Counties, Federal Register on August 9, 2011 (76 supporting information that we may Tennessee; 44 rkm (27 rmi) and 12 FR 48722). For information on the five develop for this critical habitat hectares (ha) (29 acres (ac)) are being fishes’ critical habitat, refer to the VerDate Mar<15>2010 17:42 Oct 15, 2012 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\16OCR2.SGM 16OCR2 tkelley on DSK3SPTVN1PROD with RULES2 Federal Register / Vol. 77, No. 200 / Tuesday, October 16, 2012 / Rules and Regulations 63605 proposed rule to designate critical and Youngs Creek), which are storm water management; inappropriate habitat published in the Federal geographically separated from one placement of culverts, pipes, and Register on October 12, 2011 (76 FR another by an average distance of 30.5 bridges; road maintenance; inadequate 63360). Information on the associated stream km (19 stream mi) (O’Bara 1988, protection of groundwater recharge draft economic analysis for the p. 12; O’Bara 1991, p. 10; Thomas 2007, zones and aquifers; and haphazard proposed rule was published in the p. 3). silvicultural and agricultural practices. Federal Register on May 24, 2012 (77 The primary threat to the Cumberland The persistence of a constant flow of FR 30988). darter is physical habitat destruction or clean groundwater from various springs modification resulting from a variety of has somewhat offset the destruction of Previous Federal Actions human-induced impacts such as the species’ habitat, water quality, and The Cumberland darter, rush darter, siltation, disturbance of riparian water quantity; however, the species’ yellowcheek darter, Chucky madtom, corridors, and changes in channel status still appears to be declining. and laurel dace were listed as morphology (Waters 1995, pp. 2–3; Yellowcheek Darter endangered species under the Act on Skelton 1997, pp. 17, 19; Thomas 2007, August 9, 2011 (76 FR 48722). For the p. 5). The most significant of these The yellowcheek darter (Etheostoma full history of previous Federal actions impacts is siltation (excess sediments moorei) is endemic to the Devil’s, regarding these five species, please refer suspended or deposited in a stream) Middle, South, and Archey forks of the to the final listing rule (76 FR 48722). caused by excessive releases of Little Red River in Cleburne, Searcy, In the June 24, 2010, proposed listing sediment from activities such as Stone, and Van Buren Counties in rule (75 FR 36035) we determined that resource extraction (e.g., coal mining, Arkansas (Robison and Buchanan 1988, designation of critical habitat was silviculture, natural gas development), p. 429). These streams are located prudent for all five species. However, agriculture, road construction, and primarily within the Boston Mountains we found that critical habitat was not urban development (Waters 1995, pp. 2– subdivision of the Ozark Plateau. In determinable at the time and set forth 3; Skelton 1997, pp. 17, 19; KDOW 1962, the construction of a dam on the the steps we would undertake to obtain 2006, pp.
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