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34994

Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
designating critical habitat under the Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983
48 FR 49244. This position was upheld by the U.S. Court of Appeals for the Ninth Circuit Douglas County v.
Babbitt, 48 F.3d 1495 9th Cir. 1995, cert. denied 516 U.S. 1042 1996.
Government-to-Government Relationship With Tribes In accordance with the Presidents memorandum of April 29, 1994
Government-to-Government Relations with Native American Tribal Governments; 59 FR 22951, Executive Order 13175 Consultation and Coordination With Indian Tribal Governments, and the Department of the Interiors manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. In accordance with Secretarial Order 3206
of June 5, 1997 American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act, we readily acknowledge our responsibilities to work directly with Tribes in developing programs for healthy ecosystems, to acknowledge that Common name

Moccasinshell, Suwannee

Critical habitatfish and wildlife.

f

khammond on DSKJM1Z7X2PROD with RULES

Suwannee Moccasinshell Medionidus walkeri 1 Critical habitat units are depicted on the maps in this entry for Alachua, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Lafayette, Madison, Suwannee, and Union Counties, Florida; and Brooks and Lowndes Counties, Georgia.
2 Within these areas, the physical or biological features essential to the conservation of Suwannee
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15:54 Jun 30, 2021

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Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation.

Authors
PART 17ENDANGERED AND
THREATENED WILDLIFE AND PLANTS

The primary authors of this rulemaking are staff of the Panama City Ecological Services Field Office.

1. The authority citation for part 17
continues to read as follows:

The Director, U.S. Fish and Wildlife Service, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the U.S. Fish and Wildlife Service.
Martha Williams, Principal Deputy Director Exercising the Delegated Authority of the Director, U.S. Fish and Wildlife Service, approved this Where listed
Status

Fmt 4700

2. Amend 17.11 in paragraph h by revising the entry for Moccasinshell, Suwannee under Clams in the List of Endangered and Threatened Wildlife to read as follows:

17.11 Endangered and threatened wildlife.

h

Wherever found

Frm 00090

Authority: 16 U.S.C. 13611407; 1531
1544; 42014245; unless otherwise noted.

T

81 FR 69417, 10/6/2016; 50 CFR 17.95f.CH

Sfmt 4700

Listing citations and applicable rules
moccasinshell consist of the following components:
i Geomorphically stable stream channels channels that maintain lateral dimensions, longitudinal profiles, and sinuosity patterns over time without an aggrading or degrading bed elevation.
ii Stable substrates of muddy sand or mixtures of sand and gravel, and with little to no accumulation of unconsolidated sediments and low amounts of filamentous algae.
iii A natural hydrologic flow regime magnitude, frequency, duration, and seasonality of discharge over time necessary to maintain benthic habitats where the species is found, and connectivity of stream channels with the floodplain, allowing the exchange of nutrients and sediment for habitat maintenance, food availability, and spawning habitat for native fishes.

PO 00000

Accordingly, we amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below:

Signing Authority

3. Amend 17.95 in paragraph f by adding an entry for Suwannee Moccasinshell Medionidus walkeri immediately after the entry for Fluted Kidneyshell Ptychobranchus subtentum, to read as follows:

List of Subjects in 50 CFR Part 17

Regulation Promulgation

Medionidus walkeri

document on June 23, 2021, for publication.

A complete list of references cited in this rulemaking is available on the internet at http www.regulations.gov and upon request from the Panama City Ecological Services Field Office see FOR
FURTHER INFORMATION CONTACT.

References Cited
Scientific name

CLAMS

17.95

Tribal lands are not subject to the same controls as Federal public lands, to remain sensitive to Indian culture, and to make information available to Tribes.
We have determined that no Tribal lands would be affected by the designation.

iv Water quality conditions needed to sustain healthy Suwannee moccasinshell populations, including low pollutant levels not less than State criteria, a natural temperature regime, pH between 6.0 to 8.5, adequate oxygen content not less than State criteria, hardness, turbidity, and other chemical characteristics necessary for normal behavior, growth, and viability of all life stages.
v The presence of fish hosts necessary for recruitment of the Suwannee moccasinshell. The presence of blackbanded darters Percina nigrofasciata and brown darters Etheostoma edwini will serve as an indication of fish host presence.
3 Critical habitat does not include manmade structures such as buildings, aqueducts, dams, roads, and other paved areas and the land on which they
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