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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules
Chickamauga Creek in Chattanooga, Tennessee; Flint River in Huntsville, Alabama; and Little River in Maryville, Tennessee. Based on the SLEUTH
Slope, Land use, Excluded area, Urban area, Transportation, Hillside area model, these areas are anticipated to have increased suburban and urban growth in the next 30 years, which might further impact South Chickamauga Creek, Flint River, and Little River; there is also the potential for increased urban impacts to the Sequatchie River and Paint Rock River watersheds associated with the growth of Chattanooga and suburban development from Huntsville, respectively Terando et al. 2014, pp. 1
3. However, based on the persistence of snail darters in South Chickamauga Creek, which scored moderate in our analysis see Table 1, above, it appears that there is some evidence to support a conclusion that the species is resilient to the impacts of urbanization.
Additionally, the Thrive Regional Partnership is a group working to promote responsible growth in a 16county region in the Greater Chattanooga area. The partnerships goal is to improve communities while maintaining healthy ecosystems. Thrive has identified portions of streams and surrounding land that are key to preserving and enhancing water quality in the region of interest, with the goals of conserving 50 percent of unprotected forest and improving water quality in at least 50 percent of polluted streams by 2055. The area covered by this initiative includes portions of the Big Sewee Creek, South Chickamauga Creek, Sequatchie River, and Paint Rock River watersheds Thrive Regional Partnership 2019, entire.
The threat of chemical and industrial spills was raised as a potential threat in the downlisting rule 49 FR 27510; July 5, 1984. The range of the snail darter is crossed by several major highways and railroad lines, making the possibility of a spill during transport an ongoing risk. Such spills have occurred as recently as 1991 in the Hiwassee River, but while spills may have severe impacts locally, they are unlikely to affect the species as a whole given its wide range in the mainstem of the Tennessee River and several tributaries Service 2013, p. 18. Furthermore, the Ocoee River has suffered from industrial and mine runoff from the historical copper extraction in the watershed.
Within the Ocoee River watershed, concerted efforts have been made to clean up industrial and mine-related pollution, resulting in much improved water quality and a healthier ecosystem, which may have contributed to the
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increased numbers of snail darters seen in that river since the Services 2013 5year review Service 2013, p. 12;
Simmons 2019, unpublished data.
The threat to snail darters from coal mining in the Sequatchie Valley has been greatly reduced since the recovery plan was completed. Mining for coal in the Sequatchie Valley ceased in the 1990s, and since that time, there have been efforts to remediate acid mine drainage in the area. Currently, there are no active coal mining permits in the Sequatchie Valley OSMRE 2016, p. 34;
ITRC 2010, entire.
The Tennessee River is a major inland shipping corridor, and in the downlisting rule 49 FR 27510; July 5, 1984, activities associated with barge traffic were considered to potentially threaten snail darters through habitat alterations in the mainstem Tennessee River reservoirs. Barge and large boat wakes can result in significant bank erosion along the river. Within the mainstem reservoirs, bank stabilization efforts have occurred in some significantly impacted areas and have reduced sedimentation at those locations, but there is no concerted plan to address this source of sediment across the Tennessee River basin.
However, there is some evidence that areas of consistent traffic, such as barge mooring cells, may provide areas of siltfree habitat swept clean by tug engines Matthews 2017, pers. comm.; Walker and Alford 2016, p. 1101.
In summary, while effects to snail darter habitat Factor A associated with continued urbanization and agriculture are certain to persist into the foreseeable future, efforts are being made to reduce the impact to many of the tributaries inhabited by snail darters. Additionally, snail darters appear to be resilient to urbanization and agriculture, including practices such as channelization, in certain tributaries such as South Chickamauga Creek and Sequatchie River. In the Sequatchie River, the threat from coal mining is reduced with the cessation of mining in the valley and ongoing reclamation efforts. The mainstem populations are less susceptible to sedimentation and runoff associated with agriculture and urbanization due to the buffering capacity of the larger river, but they still may be affected by bank erosion and industrial transport along the Tennessee River. However, population persistence and the apparent expansion in the mainstem since the 1970s demonstrate the resiliency of the snail darter within these habitats, especially with the implementation of TVAs RRIP.
At the time of the downlisting rule 49
FR 27510; July 5, 1984, the Service
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projected that the notoriety of the snail darter could result in an increase in illegal collection Factor B; however, no such activities have been observed or documented since that rule was published. Snail darters receive some protection against collection from the States. The species is listed as threatened in Tennessee, endangered in Georgia, and protected as a non-game species in Alabama and Mississippi.
These protections require State permits for the collection of the species.
The snail darters habitat is also protected by State water quality laws that require the use of best management practices, such as leaving a riparian buffer, when clearing or building near a stream Factor D. In Tennessee, any waterway with a State-listed species is designated an Exceptional Tennessee Waterway, and projects impacting these streams are required to undergo additional review before receiving the necessary State permits. While agriculture is typically exempt from many of the provisions in State laws, various efforts described above, such as those in the Paint Rock River and South Chickamauga Creek, are working to reduce the impact of sedimentation from agriculture on the snail darter.
Additionally, the snail darters range overlaps with the ranges of more than 10 federally endangered mussels. This provides some protection, as entities implementing projects with a Federal nexus, such as infrastructure repair and construction and dam operation, are required to consult with the Service to reduce the impacts to listed species and designated critical habitat. These consultations may result in changes to the project to reduce sedimentation or limit the time of year when construction can take place to reduce disruption to the life history of a species. The protection, restoration, conservation, and management of ecological resources within the snail darters range have been broadly enhanced through Executive Orders and Federal regulations since the species was listed. These include provisions emphasizing the protection and restoration of ecosystem function and quality in compliance with existing Federal environmental statutes and regulations e.g., National Environmental Policy Act NEPA; 42
U.S.C. 4321 et seq. and Clean Water Act CWA; 33 U.S.C. 1251 et seq. and endorsing Federal efforts to advance environmental goals. Recent water resources authorizations have also enhanced opportunities for the involvement of the U.S. Army Corps of Engineers and other Federal agencies in studies and projects to specifically
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