Quiero saber acerca de...

jbell on DSKJLSW7X2PROD with RULES

50266

Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations
crayfish habitat and provided additional information and references on research of the effects of virile crayfish on other crayfish species. The commenter noted the virile crayfish has been attributed to decline of other native crayfish species in rivers and streams in West Virginia, Idaho, Wyoming, and Utah.
Our response: We appreciate the additional information and references provided regarding the virile crayfish effects to other native crayfish species.
We incorporated the information from the additional studies of virile crayfish into the appropriate section of the SSA
report Service 2019, pp. 1617. We further considered the additional information about the invasion of virile crayfish and what the impact is to the current condition of the slenderclaw crayfish. After further consideration of the invasion of virile crayfish, coupled with the low abundance of slenderclaw crayfish, we determined the risk of extinction for the slenderclaw crayfish is higher see Determination of Slenderclaw Status, below than we characterized in the proposal to list the slenderclaw crayfish as a threatened species. Based on the documented past expansion of the virile crayfish, current invasion and expansion into the slenderclaw crayfishs range in both populations will occur. Therefore, the slenderclaw crayfish is currently at risk of extinction as a result of the virile crayfish expansion. We reassessed the best available scientific and commercial data available regarding the slenderclaw crayfish to evaluate its status under the Act see Determination of Slenderclaw Crayfish Status, below.
2 Comment: Several other commenters expressed their opinion that the Service should list the species as endangered, rather than threatened, and stated reasons including degradation of its habitat, inadequacy of existing regulatory mechanisms, small population size, competition with virile crayfish, and climate change. One commenter specifically identified kudzu Pueraria montana, an invasive plant, as a current and future threat to the riparian habitat in the range of the slenderclaw crayfish. In addition, the commenter noted that degradation of habitat for the slenderclaw crayfish is ongoing despite existing regulatory mechanisms.
Our response: When we evaluated the best available information, we concluded that kudzu was not a threat to the slenderclaw crayfish. Although we recognize that kudzu can alter habitat, this plant has not been documented to impact the slenderclaw crayfish. As to habitat degradation, as discussed under the Summary of
VerDate Sep<11>2014

16:25 Sep 07, 2021

Jkt 253001

Biological Status and Threats and Determination sections of the preamble of this final listing rule, we determined that existing regulatory mechanisms currently address the threat of habitat degradation. Other than identifying kudzu as a potential threat, the commenters did not provide any new information regarding current threats to the slenderclaw crayfish or its current status that was not already considered in the SSA report or proposed rule.
However, as stated above under Our Response to 1 Comment, based on new information about the invasive virile crayfish, coupled with known information about slenderclaw crayfish abundance, we determined the slenderclaw crayfish meets the definition of an endangered species see Determination of Slenderclaw Crayfish Status, below.
3 Comment: Two commenters stated that the slenderclaw crayfish has been extirpated from 80 percent of its historical range, citing information from a status survey for three rare crayfishes, including the slenderclaw crayfish Kilburn et al. 2012, entire.
Our response: As discussed in Kilburn et al. 2012, entire, the slenderclaw crayfish was only ever known to occur at five historical sites within two watersheds, Short and Town Creeks, and the authors did not find the slenderclaw crayfish outside these two watersheds. Since the publication of Kilburn et al. 2012, entire, recent surveys conducted in 2015 through 2017 identified the slenderclaw crayfish occurring at three new sites within this historical range. Although there is evidence of reduced abundance and presumed extirpation at four historical sites within this range, there are currently two populations of slenderclaw crayfish occurring across the range in Alabama, and the slenderclaw crayfish occurs within the two watersheds where it historically was known to occur. In short, at this time, the slenderclaw crayfish has not been extirpated from 80 percent of its historical range. Please refer to section 2.5 Range and Distribution in the SSA
report for additional information on the historical and current range of the species.
4 Comment: The Tennessee Valley Authority TVA recommended that the planting of bare-root seedlings as a method to revegetate and stabilize streambanks be included in the 4d rule. TVA has found this method to be successful for establishing a diversity of vegetation within riparian zones.
Our response: We agree that the planting of bare-root seedlings as a method to revegetate and stabilize
PO 00000

Frm 00054

Fmt 4700

Sfmt 4700

streambanks would be beneficial to slenderclaw crayfish. However, in this final rule, the Service has determined that the slenderclaw crayfish meets the definition of an endangered species, and the Act does not allow issuance of a 4d rule for a species listed as endangered.
Summary of Changes From the Proposed Rule The final rule incorporates changes to our proposed listing rule and SSA
Report based on the comments we received, as discussed in the Summary of Comments and Recommendations.
Based on comments received and our further consideration of the invasion of virile crayfish coupled with low abundance of slenderclaw crayfish, we determined the risk of extinction is higher see Determination, below than we characterized in the proposal to list the slenderclaw crayfish as a threatened species 83 FR 50582; October 9, 2018.
We reassessed our analysis and found that the documented expansion and invasion of the virile crayfish in the slenderclaw crayfishs range, along with additional information regarding impacts to other native crayfish species and known low abundance in both populations of the slenderclaw crayfish, places the slenderclaw crayfish at a high risk for extinction throughout its range.
Thus, after evaluating the best available information and the Acts regulation and policies, we determined that the slenderclaw crayfish meets the definition of an endangered species, and such status is more appropriate than that of a threatened species as originally proposed. Because we determined that the slenderclaw crayfish meets the definition of an endangered species, a 4d rule is inapplicable; consequently, the proposed special rule under the authority of section 4d of the Act was removed from the final rule. We received no substantive comments on the proposed critical habitat designation; accordingly, there are no changes in the final designation. Lastly, we made minor editorial and nonsubstantive corrections throughout the SSA report and this final rule.
Summary of Biological Status and Threats We completed a comprehensive assessment of the biological status of the slenderclaw crayfish and prepared an SSA report Service 2019, entire, which provides a thorough account of the species overall viability. Below, we summarize the key results and conclusions of the SSA report.
To evaluate the current and future viability of the slenderclaw crayfish, we assessed the three conservation biology
E:FRFM08SER1.SGM

08SER1