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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Rules and Regulations 8 Maintain shade over the waterway similar to that observed prior to the forestry-related activity.
9 Prohibit discharge of any solid waste, petroleum, pesticide, fertilizer, or other chemical into the waterway.
v Possess and engage in other acts with unlawfully taken wildlife, as set forth at 17.21d2 for endangered wildlife.
4. Amend 17.95 by:
a. Adding to paragraph d an entry for Neuse River Waterdog Necturus lewisi following the entry for Black Warrior Waterdog Necturus alabamensis; and b. Adding to paragraph e an entry for Carolina Madtom Noturus furiosus following the entry for Conasauga Logperch Percina jenkinsi.
The additions read as follows.
17.95

Critical habitatfish and wildlife.

d Amphibians.

NEUSE RIVER WATERDOG Necturus lewisi 1 Critical habitat units are depicted for Craven, Durham, Edgecombe, Franklin, Granville, Greene, Halifax, Johnston, Jones, Lenoir, Nash, Orange, Person, Pitt, Wake, Warren, Wayne, and Wilson Counties, North Carolina, on the maps in this entry.
2 Within these areas, the physical or biological features essential to the conservation of Neuse River waterdog consist of the following components:

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i Suitable substrates and connected instream habitats, characterized by geomorphically stable stream channels and banks i.e., channels that maintain lateral dimensions, longitudinal profiles, and sinuosity patterns over time without an aggrading or degrading bed elevation with habitats that support a diversity of native aquatic fauna such as stable riffle-run-pool habitats that provide flow refuges consisting of siltfree gravel, small cobble, coarse sand, and leaf litter substrates as well as abundant cover and burrows used for nesting.
ii Adequate flows, or a hydrologic flow regime which includes the severity, frequency, duration, and seasonality of discharge over time, necessary to maintain instream habitats where the species is found and to maintain connectivity of streams with the floodplain, allowing the exchange of nutrients and sediment for maintenance of the waterdogs habitat, food availability, and ample oxygenated flow for spawning and nesting habitat.
iii Water quality including, but not limited to, conductivity, hardness, turbidity, temperature, pH, ammonia, heavy metals, and chemical constituents necessary to sustain natural physiological processes for normal behavior, growth, and viability of all life stages.
iv Invertebrate and fish prey items, which are typically hellgrammites, crayfish, mayflies, earthworms, snails,
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beetles, centipedes, slugs, and small fish.
3 Critical habitat does not include manmade structures such as buildings, aqueducts, runways, roads, and other paved areas and the land on which they are located existing within the legal boundaries on July 9, 2021.
4 Critical habitat map units. Data layers defining map units were created by overlaying Natural Heritage Element Occurrence data and U.S. Geological Survey USGS hydrologic data for stream reaches. The hydrologic data used in the critical habitat maps were extracted from the USGS 1:1M scale nationwide hydrologic layer https
nationalmap.gov/small_scale/mld/
1nethyd.html with a projection of EPSG:4269NAD83 Geographic. The North Carolina Natural Heritage programs species presence data were used to select specific stream segments for inclusion in the critical habitat layer.
The maps in this entry, as modified by any accompanying regulatory text, establish the boundaries of the critical habitat designation. The coordinates or plot points or both on which each map is based are available to the public at http www.regulations.gov under Docket No. FWSR4ES20180092 and at the field office responsible for this designation. You may obtain field office location information by contacting one of the Service regional offices, the addresses of which are listed at 50 CFR
2.2.
5 Note: Index map follows:

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