192 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Rules and Regulations DEPARTMENT OF THE INTERIOR and Plants due to recovery. A species is critical habitat comprising the lower 4.9 an ‘‘endangered species’’ for purposes of miles (mi) (7.8 kilometers (km)) of the Fish and Wildlife Service the Act if it is in danger of extinction Provo River in Utah County, Utah. throughout all or a significant portion of On November 13, 2001, we published 50 CFR Part 17 its range and is a ‘‘threatened species’’ in the Federal Register (66 FR 56840) a notice formally declaring our intention [Docket No. FWS–R6–ES–2019–0026; if it is likely to become an endangered FXES11130900000–201–FF09E22000] species within the foreseeable future to participate in the multi-agency June throughout all or a significant portion of Sucker Recovery Implementation RIN 1018–BD48 its range. The Act does not define the Program (JSRIP) in partnership with the term ‘‘foreseeable future.’’ However, we U.S. Bureau of Reclamation (USBR), Endangered and Threatened Wildlife consider ‘‘foreseeable future’’ as that Utah Reclamation Mitigation and and Plants; Reclassification of the period of time within which a Conservation Commission (URMCC), Endangered June Sucker to reasonable prediction can be relied the Department of the Interior (DOI), Threatened With a Section 4(d) Rule upon in making a determination about State of Utah Department of Natural AGENCY: Fish and Wildlife Service, the future conservation status of a Resources (UDNR), the Central Utah Interior. species. We are reclassifying June Water Conservancy District (CUWCD), ACTION: Final rule. sucker from endangered to threatened Provo River Water Users Association, (i.e., ‘‘downlisting’’) because we have Provo Reservoir Water Users Company, SUMMARY: We, the U.S. Fish and determined that the species is no longer and outdoor interest groups. The JSRIP Wildlife Service (Service), are in danger of extinction throughout all or was designed to implement recovery reclassifying the June sucker a significant portion of its range. actions for the June sucker and facilitate (Chasmistes liorus) from endangered to Downlisting a species can only be resolution of conflicts associated with threatened under the Endangered completed by issuing a rule. June sucker recovery in the Utah Lake Species Act of 1973, as amended (Act), The basis for our action. Under the and Provo River basins in Utah. We due to substantial improvements in the Act, we can determine that a species is have participated in the JSRIP since this species’ overall status since its original an endangered or threatened species time and remain an active program listing as endangered in 1986. This based on any one or more of the member. action is based on a thorough review of following five factors or the cumulative On November 26, 2019, we published the best scientific and commercial data effects thereof: (A) The present or in the Federal Register (84 FR 65080) a available, which indicates that the June threatened destruction, modification, or proposed rule to reclassify June sucker sucker no longer meets the definition of curtailment of its habitat or range; (B) from ‘‘endangered’’ to ‘‘threatened’’ (i.e., an endangered species under the Act. overutilization for commercial, to ‘‘downlist’’ the species) on the List of The June sucker will remain protected recreational, scientific, or educational Endangered and Threatened Wildlife as a threatened species under the Act. purposes; (C) disease or predation; (D) (List). Please refer to that proposed rule We are also finalizing a rule under the inadequacy of existing regulatory for a detailed description of the Federal section 4(d) of the Act that provides for mechanisms; or (E) other natural or actions concerning this species that the conservation of the June sucker. manmade factors affecting its continued occurred prior to November 26, 2019. DATES: This rule is effective February 3, existence. Based on an assessment of the Species Information 2021. best available information regarding the status of and threats to June sucker, we It is our intent to discuss only those ADDRESSES: This final rule, supporting have determined that the species no topics directly related to downlisting documents we used in preparing this longer meets the definition of June sucker in this rule. The citations rule, and public comments we received endangered under the Act, but does represent only the sources required to are available on the internet at http:// meet the definition of threatened. The support this action or to provide context www.regulations.gov at Docket No. 4(d) rule provides exceptions to take for it, and are not the sum total of all FWS–R6–ES–2019–0026. Persons who prohibitions for activities that will literature pertaining to the species. For use a telecommunications device for the further recovery of the species. more information on the description, deaf (TDD) may call the Federal Relay This final rule recognizes that based biology, ecology, and habitat of the Service at 800–877–8339. on the best available science, June species, please refer to the final listing FOR FURTHER INFORMATION CONTACT: sucker no longer meets the definition of rule published in the Federal Register Yvette Converse, Field Supervisor, an endangered species, but will remain on March 31, 1986 (51 FR 10851), and telephone: 801–975–3330. Direct all protected as a threatened species under the species’ recovery plan (Service questions or requests for additional the Act. This progress towards recovery 1999), as well as the materials cited in information to: JUNE SUCKER is a result of conservation efforts this rule. These documents will be QUESTIONS, U.S. Fish and Wildlife implemented by stakeholders. available as supporting materials on Service, Utah Ecological Services Field Collaborative conservation efforts have http://www.regulations.gov under Office, 2369 Orton Circle, Suite 50, West reduced the intensity of threats to the Docket No. FWS–R6–ES–2019–0026. Valley City, UT 84119. Persons who use species and improved its population In our analysis, we identify the a TDD may call the Federal Relay numbers. The 4(d) rule will species’ ecological requirements for Service at 800–877–8339. accommodate recovery activities such as survival and reproduction using the SUPPLEMENTARY INFORMATION: non-native control efforts, habitat concepts of resiliency, redundancy, and restoration, monitoring, research, representation (the 3Rs). Resiliency is Executive Summary stocking, and refuge maintenance. the ability of a species to withstand Why we need to publish a rule. Under environmental and demographic the Act, if a species is determined to no Previous Federal Actions stochastic events (the natural range of longer be an endangered or threatened On March 31, 1986, we published in favorable and unfavorable conditions). It species, we may reclassify the species or the Federal Register (51 FR 10851) the is associated with population size, remove it from the Federal Lists of final rule listing June sucker as an growth rate, and habitat quality. Endangered and Threatened Wildlife endangered species and designating Redundancy is the ability of a species to VerDate Sep<11>2014 18:06 Dec 31, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\04JAR2.SGM 04JAR2 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Rules and Regulations 193 withstand catastrophic events for which suckers reach reproductive maturity at Shallow lakes, such as Utah Lake, are adaptation is unlikely. It is associated 5–10 years of age. They exhibit rapid typically characterized as having one of with the number, distribution, and growth for the first 3–5 years, with two ecological states: A clear water state resilience of individual populations intermediate growth rates between ages or a turbid water state (Scheffer 1998, p. throughout the current range of the 8–10, and a further reduced growth rate 10). The clear water state is often species. Representation is the ability of after age 10. Growth between sexes does dominated by rooted aquatic a species to adapt to novel changes in not differ within the first 10 years macrophytes (aquatic plants) that can its environment, as measured by its (Scoppettone and Vinyard 1991, p. 9). greatly reduce turbidity by securing ecological and genetic diversity and its bottom sediments (Carpenter and Lodge Distribution and Habitat ability to disperse and colonize new 1986, p. 4; Madsen et al. 2001, p. 6) and areas. The June sucker is native and preventing excessive phytoplankton endemic to Utah Lake and its (algae) production through a suite of Taxonomy and Description tributaries, which are the primary mechanisms (Timms and Moss 1984, The June sucker, a unique lake sucker spawning habitat for the species. The pp. 3–5). Alternatively, a shallow lake named for the month in which it June sucker is not found outside of its in a turbid water state contains little or spawns, was first collected and native range except in two populations no aquatic vegetation to secure bottom described by David S. Jordan in 1878, in established for conservation purposes. A sediments (Madsen et al. 2001, p. 9). As Utah Lake, Utah County, Utah (Jordan refuge population was created as part of a result, fish movement and wave action 1878, entire). However, taxonomic the JSRIP stocking program to enhance can easily suspend lake-bottom questions regarding hybridization of the and secure the species’ population in sediments (Madsen et al. 2001, p. 9). In June sucker and co-occurring Utah Utah Lake at the Fisheries Experiment addition, fish can promote algal sucker (Catostomus ardens) ultimately Station (FES) hatchery in Logan, Utah production by recycling nutrients (both resulted in reclassification of the species (Service 2015, entire). An additional through feeding activity and excretion). as described below. population was established in Red Butte Fish can also suppress zooplankton The two species likely evolved Reservoir, Salt Lake County, Utah, in densities through predation, and the together in Utah Lake.