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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Proposed Rules range during some years. However, significant ongoing conservation actions are protecting the species.
Currently, 47% of Black Creek crayfish habitat is protected, including Camp Blanding Joint Training Center Camp Blanding conservation agreements. The range of the Black Creek crayfish largely overlaps public lands managed by the Florida Army National Guard, Camp Blanding, and the Florida Forest Service, specifically 2
state forests: Jennings and Etoniah Creek. These lands are wildlife management areas wherein wildlife is managed by the Florida Wildlife Conservation Commission and the Florida Forest Service. Additional conservation lands with occurrence records for Black Creek crayfish include parcels owned by the St. Johns River Water Management District District and mitigation banks. Management of the upland habitat adjacent to Black Creek crayfish habitat is provided by Camp Blanding and the Florida Forest Service, while the District has regulatory authority regarding water quality.
Upon examining the current trends and future forecast scenarios, we expect that the primary threatswater quality and water quantity degradation due to land conversion, and SLR from climate changemay impact the Black Creek crayfish. But a substantial portion 47
percent of the habitat is protected Camp Blanding conservation agreements, Florida Forest Service, and the District, alleviating many of the primary threats to the crayfish. Habitat protection and conservation measures, including measures to manage and protect water quality and water quantity degradation, maintain adequate water conditions and flows that will keep a sufficient number of populations viable to ensure overall species viability into the foreseeable future 3050 years. In addition, protection of special management zones SMZs may reduce its contribution to nonpoint source water pollution. SMZs are meant to provide shade for temperature regulation, a natural vegetation strip, intact ground cover, large and small woody debris, leaf litter, and a variety of tree species and age classes, most of these benefitting Black Creek crayfish.
Also, monitoring of SLR by Camp Blanding and the District in protected habitat areas will help inform the Service on the status of the SLR threat.
All 19 extant Black Creek crayfish populations are expected to maintain resiliency, redundancy, and representation under examined future scenarios out to 2050 and 10 out to 2070
with conservation measures. We
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examined the interactions of the white tubercled crayfish Procambarus spiculifer, and while uncertainty still exists, the possibility remains that white tubercled crayfish may have the potential to decrease occupancy and abundance of Black Creek crayfish;
however, the best available information indicates that it is likely that the two species co-exist at sites where Black Creek crayfish occur Service 2020, p.37, 39, Fig. 46. We expect that existing regulatory mechanisms and conservation measures are adequate and would continue to help ameliorate or reduce impacts of threats to the species and protect the Black Creek crayfish and its habitat which would also help the Black Creek crayfish continue to maintain an adequate level of resiliency, representation, and redundancy now and into the foreseeable future 30 to 50
years. For Black Creek crayfish, we considered whether the threats are geographically concentrated in any portion of the species range at a biologically meaningful scale. We examined the following threats: Land use conversion impacts and climate change, including cumulative effects.
Based on the species response to threats, current resiliency, and predicted future resiliency throughout its range, we found no concentration of threats in any portion of the Black Creek crayfishs range at a biologically meaningful scale. We found that the identified threats act uniformly throughout the range, because it occurs in four northeastern Florida counties Clay, Duval, Putnam, and St. Johns in the Lower St. Johns River Basin that are geographically close to each other.
Thus, there are no portions of the species range where the species has a different status from its range-wide status.
After evaluating the best available scientific and commercial information on potential threats acting individually or in combination, we found that all 19
extant Black Creek crayfish populations are expected to maintain resiliency, redundancy, and representation, under examined future scenarios out to 2050, and 10 out to 2070 with conservation measures, in all or a significant portion of the species range.
Our review of the best available scientific and commercial information regarding the past, present, and future threats to the species indicates that the Black Creek crayfish is not in danger of extinction nor likely to become endangered within the foreseeable future throughout all or a significant portion of its range, and that the Black Creek crayfish does not meet the definition of an endangered species or a
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threatened species under the Act.
Therefore, we find that listing the Black Creek crayfish as an endangered or threatened species under the Act is not warranted at this time. A detailed discussion of the basis for this finding can be found in the Black Creek crayfish species assessment form and other supporting documents see ADDRESSES, above.
Hairy-Peduncled Beakrush Previous Federal Actions On April 20, 2010, the Service received a petition from CBD, Alabama Rivers Alliance, Clinch Coalition, Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council, and West Virginia Highlands Conservancy to list 404 aquatic, riparian, and wetland species, including hairy-peduncled beakrush Rhynchospora crinipes, from the southeastern United States as endangered or threatened species under the Act CDB 2010, entire. On September 27, 2011, we published a 90day finding 76 FR 59836 for 374 of the 404 petitioned species, including hairypeduncled beakrush, stating that the petition presented substantial information indicating that listing hairypeduncled beakrush may be warranted, due to the threats of present or threatened destruction, modification, or curtailment of the species habitat or range and inadequacy of existing regulatory mechanisms. The finding solicited information on, and initiated status reviews for, the 374 species, including hairy-peduncled beakrush.
Hairy-peduncled beakrush is on the Services National Workplan for a 12month finding in Fiscal Year 2021.
On February 27, 2020, CBD filed a complaint alleging, among other things, that the Service failed to make statutorily required 12-month findings for 241 species, including the hairypeduncled beakrush. The Service moved to dismiss most of the actions, including the 12-month finding claim for the hairy-peduncled beakrush, on May 4, 2020. The motion is fully briefed, and the court has not ruled on it as of July 12, 2021. However, we are effectively mooting the claim by publishing this notification, which fulfils our statutory duty to make a 12month finding for the hairy-peduncled beakrush.
Summary of Finding A member of the sedge family Cyperaceae, hairy-peduncled beakrush is a perennial grass-like herb that occurs solitary or as clumps to dense mats of plants typically 2314 feet 60100

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