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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Rules and Regulations
considerations or protection. Essential physical and biological features are the features that occur in specific areas and that are essential to support the lifehistory needs of the species.
Appropriate cover rocks or other crevices are necessary features to fulfill the life-cycle needs of the eastern hellbender because they provide protection and nesting habitat. Stream reaches with suitable habitat for the eastern hellbender are not continuous, and areas with suitable habitat are often separated by miles kilometers of unsuitable habitat data from markrecapture studies indicate that hellbenders rarely move between sites.
Therefore, by mapping the critical habitat and describing the physical and biological features essential to the conservation of the species, the Service would disclose the specific location of occupied sites and subject the Missouri DPS of eastern hellbenders to collection.
5 Comment: The commenters stated that designating critical habitat would provide significant benefits to the eastern hellbender because the Act imposes an additional consultation requirement where an action will result in the destruction or adverse modification of critical habitat.
Our Response: In consultations for species with critical habitat, Federal agencies are required to ensure that their activities do not destroy or adversely modify critical habitat.
However, once a species is listed under the Act, the provisions prohibiting take come into effect where the species is present. In most cases, take refers to a direct effect on an individual of the species. Take may also apply to actions that result in modification of the habitat of the species where such modification may be considered to constitute harm to the listed species.
These prohibitions are completely independent of the designation of critical habitat. That is, the prohibition against take of the listed species applies regardless of whether critical habitat is designated. Although eastern hellbenders are considered functionally extirpated in one population within the Missouri DPS, species experts believe that a small number of individuals may still be present. Thus, there are no areas within the eastern hellbender range in the Missouri DPS that are considered unoccupied and for which section 7
consultation would not apply.
6 Comment: The commenters stated that given the predicted future impacts to habitat throughout the MACU, the benefits of critical habitat designation far outweigh any concerns about additional collection pressure in the MACU. Even when there is no Federal
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nexus requiring consultation, critical habitat has value because it educates landowners, State and local governments, and the public about the conservation value of an area.
Our Response: The benefits provided by the designation of critical habitat can duplicate those already provided to the species without the designation of critical habitat by the jeopardy standard, especially in the cases of species with smaller ranges. The Service recognizes that, in some instances, designation of critical habitat could provide some benefits to the Missouri DPS of the eastern hellbender. However, these benefits do not outweigh the increased illegal collection that is likely to occur if critical habitat maps are published and the specific locations of currently occupied sites are disclosed.
Comments From States We received a comment letter from the State of Missouri Department of Conservation that supported our decision to seek Federal listing of the Missouri DPS of the eastern hellbender.
The State also expressed agreement with our finding that the designation of critical habitat was not prudent. They did not provide further substantive information during the comment period that would influence a change in the Services decision from the proposed rule.
Summary of Changes From the Proposed Rule As discussed above, we made no changes to this final rule after consideration of the comments we received.
Distinct Population Segment DPS
Analysis Please see our proposed listing rule for the Missouri DPS of the eastern hellbender published on April 4, 2019, for the full description of our DPS
analysis 84 FR 13223. We did not receive substantive additional information during the open comment period regarding whether or not the Missouri DPS of eastern hellbender is a valid distinct population segment.
Determination of Missouri DPS of Eastern Hellbender Status Section 4 of the Act 16 U.S.C. 1533
and its implementing regulations 50
CFR part 424 set forth the procedures for determining whether a species meets the definition of endangered species or threatened species. The Act defines an endangered species as a species that is in danger of extinction throughout all or a significant portion of its range, and a threatened species as
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a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. The Act requires that we determine whether a species meets the definition of endangered species or threatened species because of any of the following factors: A The present or threatened destruction, modification, or curtailment of its habitat or range; B
Overutilization for commercial, recreational, scientific, or educational purposes; C Disease or predation; D
The inadequacy of existing regulatory mechanisms; or E Other natural or manmade factors affecting its continued existence. For a more detailed discussion on the factors considered when determining whether a species meets the definition of endangered species or threatened species and our analysis on how we determine the foreseeable future in making these decisions, please see the Regulatory Framework section above.
Status Throughout All of Its Range After evaluating threats to the species and assessing the cumulative effect of the threats under the section 4a1
factors, we have carefully assessed the best scientific and commercial information available regarding the past, present, and future threats to the Missouri DPS of the eastern hellbender.
Our analysis of this information indicates that the most important risk factors affecting the eastern hellbenders current and future status and trends in Missouri are habitat destruction and modification from sedimentation and water quality degradation Factor A, disease and pathogens Factor C, and habitat disturbance Factor A, and these factors are the primary causes of the decrease in the population health within the Missouri DPS of eastern hellbender now and into the future. The unauthorized collection of eastern hellbenders, especially for the pet trade Factor B, remains a concern. Other factors, such as an overabundance of predators Factor C or population isolation Factor E, are also affecting the Missouri DPS of eastern hellbenders but to a lesser degree. Although conservation efforts, such as population augmentation, artificial nest boxes, and listing under the Convention on International Trade in Endangered Species of Fauna and Flora, are being implemented, it is unclear if they will improve population viability in the long term.
Populations of Missouri DPS eastern hellbender have declined as much as 77
percent over a twenty year period in the Big Piney River, Gasconade River and
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