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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Rules and Regulations include, but are not limited to, excessive sedimentation from livestock grazing, road construction, channel alteration, incompatible forestry activities, off-road vehicle use, and other watershed and floodplain disturbances. These activities could eliminate or reduce the habitat necessary for the growth and reproduction of the Carolina madtom and Neuse River waterdog by increasing the sediment deposition to levels that would adversely affect the species abilities to complete their life cycles.
4 Actions that would significantly increase the filamentous algal community within the stream channel.
Such activities could include, but are not limited to, release of nutrients into the surface water or connected groundwater at a point source or by dispersed release non-point source.
These activities can result in excessive filamentous algae filling streams and reducing habitat for the Carolina madtom and Neuse River waterdog, degrading water quality during algal decay, and decreasing oxygen levels at night from algal respiration to levels below the tolerances of the fish or amphibian.
5 Actions that would significantly alter channel morphology or geometry.
Such activities could include, but are not limited to, channelization, impoundment, road and bridge construction, mining, dredging, and destruction of riparian vegetation. These activities may lead to changes in water flows and levels that would degrade or eliminate the Carolina madtom and Neuse River waterdog and/or their habitats. These actions can also lead to increased sedimentation and degradation in water quality to levels that are beyond the tolerances of the Carolina madtom or Neuse River waterdog.
6 Actions that result in the introduction, spread, or augmentation of nonnative aquatic species in occupied stream segments, or in stream segments that are hydrologically connected to occupied stream segments, even if those segments are occasionally intermittent, or introduction of other species that compete with or prey on the Carolina madtom or Neuse River waterdog.
Possible actions could include, but are not limited to, stocking of nonnative fishes or other related actions. These activities can introduce parasites or disease to fish and amphibians; result in direct predation; or affect the growth, reproduction, and survival of madtoms and waterdogs.
Finally, we note that for any of the six categories of actions outlined above, we and the relevant Federal agency may find that the agencys anticipated
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actions affecting critical habitat may be appropriate to consider programmatically in section 7
consultation. Programmatic consultations can be an efficient method for streamlining the consultation process, addressing an agencys multiple similar, frequently occurring, or routine actions expected to be implemented in a given geographic area.
Programmatic section 7 consultation can also be conducted for an agencys proposed program, plan, policy, or regulation that provides a framework for future proposed actions. We are committed to responding to any agencys request for a programmatic consultation, when appropriate and subject to the approval of the Service Director, as a means to streamline the regulatory process and avoid timeconsuming and inefficient multiple individual consultations.
Exemptions Application of Section 4a3 of the Act The Sikes Act Improvement Act of 1997 Sikes Act 16 U.S.C. 670a required each military installation that includes land and water suitable for the conservation and management of natural resources to complete an integrated natural resources management plan INRMP by November 17, 2001. An INRMP
integrates implementation of the military mission of the installation with stewardship of the natural resources found on the base. Each INRMP
includes:
1 An assessment of the ecological needs on the installation, including the need to provide for the conservation of listed species;
2 A statement of goals and priorities;
3 A detailed description of management actions to be implemented to provide for these ecological needs;
and 4 A monitoring and adaptive management plan.
Among other things, each INRMP
must, to the extent appropriate and applicable, provide for fish and wildlife management; fish and wildlife habitat enhancement or modification; wetland protection, enhancement, and restoration where necessary to support fish and wildlife; and enforcement of applicable natural resource laws.
The National Defense Authorization Act for Fiscal Year 2004 Pub. L. 108
136 amended the Act to limit areas eligible for designation as critical habitat. Specifically, section 4a3Bi of the Act 16 U.S.C. 1533a3Bi provides that the Secretary shall not designate as critical habitat any lands or
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other geographical areas owned or controlled by the Department of Defense, or designated for its use, that are subject to an INRMP prepared under section 101 of the Sikes Act 16 U.S.C.
670a, if the Secretary determines in writing that such plan provides a benefit to the species for which critical habitat is proposed for designation.
We consult with the military on the development and implementation of INRMPs for installations with listed species. We analyzed INRMPs developed by military installations located within the ranges of the critical habitat designations for the Carolina madtom and Neuse River waterdog to determine if they meet the criteria for exemption from critical habitat under section 4a3 of the Act. The following areas are Department of Defense DoD
lands with completed, Service-approved INRMPs within the critical habitat designation for the Neuse River waterdog.
Approved INRMPs We identified two areas within the critical habitat designation that consists of DoD lands with a completed, Serviceapproved INRMP. They are the Seymour Johnson Air Force Base SJAFB, which is located on 3,220 acres in Goldsboro, North Carolina, and the Marine Corps Air Station Cherry Point Oak Grove Outlying Landing Field MCAS Cherry Point OLF, which is located near Pollocksville, in Jones County, North Carolina.
SJAFB is federally owned land that is managed by the Air Force and is subject to all Federal laws and regulations. The SJAFB INRMP was updated in September 2020, covers fiscal years 20212026, and serves as the principal management plan governing all natural resource activities on the installation.
Among the goals and objectives listed in the INRMP is prohibiting the introduction of exotic species, the preparation of a fish and wildlife management plan, the enforcement of game laws, the conservation of wildlife and migratory waterfowl, licenses and permits, regulating the use of chemical toxicants for controlling nuisance species, the protection of endangered and threatened species, and allowing public access to military property.
Management actions that benefit the Neuse River waterdog include: Analyze the adequacy of existing stormwater facilities and BMPs; collect effluent data from each drainage basin within the context of an ecosystem goal for surface and ground water discharges from SJAFB to make it easier to evaluate the scientific, ecological, and economic value of current and proposed BMPs;

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