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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Rules and Regulations Our Response: The Service acknowledges that there are multiple sources of sedimentation and other pollutants; we have removed the statements about silvicultural runoff as a source of pollution and replaced it with language about management activities that will benefit habitat for the species in the description of critical habitat units. In addition, we agree that the best available science indicates that proper implementation of forestry BMPs reduces negative effects on water quality outcomes compared to historical silvicultural practices or those that do not apply or properly implement BMPs.
Although BMPs generally are implemented at high rates, they are not universally applied or always properly implemented, and forest management activities can still contribute to sediment pollution in a watershed. As noted in our response to 22 Comment, above, the most recent assessment of BMP implementation by the NCFS
reported that the majority of risks to water quality identified during the assessment were associated with forest managers failure to use or properly apply BMPs related to SMZs, stream crossings, and post-harvest restoration Coats 2017, pp. 834. Moreover, as noted in our response to 23 Comment, above, metrics for BMP effectiveness are often associated with responses of macroinvertebrate insects; while such metrics are useful, there is no evidence to support that insect metrics capture the responses of benthic vertebrates, such as the Neuse River waterdog, to the effects of sedimentation on their habitat.
One study examining the effects of silvicultural practices on salamanders reported that larval salamander abundance was negatively associated with stream embeddedness, as a result of sedimentation, at the reach scale, and overall, larval salamander abundance decreased with increasing harvested timber volume and increased with time after harvests Moseley et al. 2008, pp.
303305.
I. Final Listing Determinations
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Background Carolina Madtom A thorough review of the taxonomy, life history, and ecology of the Carolina madtom is presented in the SSA report Service 2021a, pp. 58.
The Carolina madtom Noturus furiosus is a moderate-sized catfish with a short, chunky body and a distinct color pattern of three dark saddles and a wide black stripe along its side.
Furiosus means mad or raging, as the Carolina madtom is the most strongly armed of the North American
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catfishes with stinging spines containing a potent poison in their pectoral fins. They are found in medium to large flowing streams of moderate gradient in both the Piedmont and Coastal Plain physiographic regions in the Neuse and Tar River basins. Suitable instream habitats are described as riffles, runs, and pools with current, and during the warm months the madtoms are found in or near swift current at depths of 1.0 to 3.0 feet 0.3 to 0.9
meters. Stream bottom substrate composition is important for benthic Carolina madtoms; leaf litter, sand, gravel, and small cobble are all common substrates associated with the species, although it is most often found over sand mixed with pea-sized gravel and leaf litter. During the breeding season, Carolina madtoms shift to areas of moderate to slow flow with abundant cover used for nesting.
The nesting season extends from about mid-May to late July. Nest sites are often found under or in relic freshwater mussel shells, under large pieces of water-logged tree bark, or in discarded beverage bottles and cans partially buried on the stream bottom.
The female produces about 80 to 300
eggs, and the male guards the nest until the eggs hatch. Clutch sizes average 152
larvae, and life expectancy for these fish is at least 4 years.
The Carolina madtom is a bottomdwelling insectivore that feeds primarily during the night, with peaks at dawn and dusk. More than 95 percent of the food organisms in the Carolina madtom stomachs were larval midges, mayflies, caddisflies, dragonflies, and beetle larvae Burr et al. 1989, p. 78.
Neuse River Waterdog A thorough review of the taxonomy, life history, and ecology of the Neuse River waterdog is presented in the SSA
report Service 2021b, pp. 510.
The Neuse River waterdog Necturus lewisi is a permanently aquatic salamander species endemic to the Neuse and Tar-Pamlico River drainages in North Carolina. The species occurs in riffles, runs, and pools in medium to large streams and rivers with moderate gradient in both the Piedmont and Coastal Plain physiographic regions.
Neuse River waterdogs are from an ancient lineage of permanently aquatic salamanders in the genus Necturus, and one of three species of Necturus in North Carolina. Similar to the endangered Black Warrior waterdog Necturus alabamensis and several other permanently aquatic salamanders with similar life history and ecology, stream bottom substrate composition is also important for Neuse River
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waterdogs: Gravel, cobble, or coarse sand substrates, with ample cover, that are free of fine sediments are commonly associated with the species.
Neuse River waterdogs have a reddish-brown skin with black spots, reaching up to 9 inches in in length as adults. Their underside is brownishgrey, and they have external bushy dark red gills. They eat large aquatic arthropods, aquatic and terrestrial invertebrates, and even some vertebrates like small fish. Like most waterdogs, they are opportunistic feeders who lie in wait for a small organism to swim or float by. All prey are ingested whole, and larger items are sometimes regurgitated and then re-swallowed.
Neuse River waterdogs are found in streams ranging from larger headwater streams in the Piedmont to coastal streams up to the point of saltwater intrusion. None have been found in lakes or ponds. They are usually found in streams wider than 15 meters m, deeper than 100 centimeters cm, and with a main channel flow rate greater than 10 cm per second. Further, they need clean, flowing water characterized by high dissolved oxygen concentrations. The preferred habitats vary with the season, temperature, dissolved oxygen content, flow rate, and precipitation; however, the waterdogs maintain home retreat areas under rocks, in burrows, or under substantial cover in backwater or eddy areas. As with other permanently aquatic salamanders, when interstitial spaces between substrates become compacted or filled with fine sediment, the amount of available foraging habitat and protective cover for salamanders is reduced, resulting in population declines 83 FR 257; January 3, 2018.
The longevity of Neuse River waterdogs is not known; however, their close relative N. maculosus may live for 30 or more years. Like many long-lived animals, breeding is delayed until a minimum body size is reached, and they tend to grow slowly. Generation time for Neuse River waterdogs is 10 to 15 years.
They breed once per year, with mating in the fall or winter and spawning in the spring. Females lay a clutch of about 2590 eggs, typically under large rocks with sand and gravel beneath them, or under similar cover e.g., logs, holes in banks in coastal rivers where rocky habitat is limited, and then guard the rudimentary nest.
Regulatory and Analytical Framework Regulatory Framework Section 4 of the Act 16 U.S.C. 1533
and its implementing regulations 50
CFR part 424 set forth the procedures
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