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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
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pumping in order to recover aquifer levels and sustain base flows in the upper Santa Fe River sub-basin.
However, if implemented, water management strategies would improve physical or biological features 3 and 4.
The need for conservation efforts is recognized by our conservation partners, and methods for restoring natural flow regimes and reintroducing the species into unoccupied habitat are being advocated and developed.
Accordingly, we are reasonably certain this unit will contribute to the conservation of the species.
Unit 3: Withlacoochee River, Georgia and Florida Unit 3 consists of approximately 75.5
km 47 mi of the Withlacoochee River in Madison and Hamilton Counties, Florida, and Brooks and Lowndes Counties, Georgia. The unit includes the Withlacoochee River from its confluence with the Suwannee River in Madison and Hamilton Counties, FL, upstream 75.5 km 47 mi to the confluence of Okapilco Creek in Brooks and Lowndes Counties, GA. The riparian lands along stream channels in this unit are generally privately owned agricultural or silvicultural lands Table 1. Unit 3 is within the historical range of the Suwannee moccasinshell but is not currently occupied by the species.
Twenty-five percent of Unit 3 is also designated critical habitat for the Gulf sturgeon. Unit 3 retains the features of a natural stream channel and supports a diverse mussel fauna, including several mussel species known to cooccur with the Suwannee moccasinshell. This unit has at least one of the physical or biological features essential to the conservation of the species and we are reasonably certain that this area will contribute to the conservation of the species. Our specific rationale for this unit can be found below.
This area is essential for the conservation of the species because it would improve the resiliency and redundancy of the species, which is necessary to conserve and recover the Suwanee moccasinshell. Presently, nearly the entire population of the species is linearly distributed within the Suwannee River see Unit 1 above and vulnerable to catastrophic events for example, contaminant spills or severe floods as well as to random fluctuations in population size or environmental conditions Haag and Williams 2014, p.
48. Reestablishing populations in Withlacoochee River sub-basin would reduce its extinction risk by expanding its current range into areas beyond the mainstem by providing connectivity to
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already occupied areas, space for growth and population expansion in portions of historical habitat, and refugia areas from threats in the Suwannee River.
Although it is considered unoccupied, portions of this unit contain some or all of the physical or biological features essential for the conservation of the species. Specifically, Unit 3 possesses characteristics described by physical or biological features 1 and 2 as long reaches of stable stream channel with suitable substrates are present within the unit. Unit 3 retains the features of a natural stream channel and supports a diverse mussel fauna, including several mussel species that ordinarily co-occur with the Suwannee moccasinshell. Both fish species found to serve as larval hosts for the Suwannee moccasinshell occur within the unit Robins et al. 2018, pp. 317, 336.
Therefore, we find that the unit has the potential to support the species lifehistory functions.
Physical or biological feature 4 is in degraded condition, and pollution may have contributed to the Suwannee moccasinshells decline in Unit 3. The domestic wastewater treatment plant for the city of Valdosta, GA is approximately 14 river miles upstream of the unit and has a history of untreated sewage releases to the Withlacoochee River after heavy rain events. However, major renovations to the citys sewer system were completed in June 2016 with the construction of a new treatment plant. Additional projects to address continued problems with sewage spills are ongoing, and the construction of a large retention basin is planned. If these improvements are realized, water quality could be restored to levels necessary to support the species.
The need for conservation efforts is recognized by our conservation partners, and methods for restoring and reintroducing the species into unoccupied habitat are being developed.
The Florida Fish and Wildlife Conservation Commission and Georgia Department of Natural Resources have expressed support for including this area in a critical habitat designation Florida Fish and Wildlife Conservation Commission 2019; Georgia Department of Natural Resources 2018.
Accordingly, we are reasonably certain this unit will contribute to the conservation of the species.
Effects of Critical Habitat Designation Section 7 Consultation Section 7a2 of the Act requires Federal agencies, including the Service, to ensure that any action they fund,
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authorize, or carry out is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of designated critical habitat of such species. In addition, section 7a4 of the Act requires Federal agencies to confer with the Service on any agency action that is likely to jeopardize the continued existence of any species listed under the Act or result in the destruction or adverse modification of critical habitat.
We published a final regulation with a new definition of destruction or adverse modification on August 27, 2019 84 FR 45020. Destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat as a whole for the conservation of a listed species.
If a Federal action may affect a listed species or its critical habitat, the responsible Federal agency action agency must enter into consultation with us. Examples of actions that are subject to the section 7 consultation process are actions on State, Tribal, local, or private lands that require a Federal permit such as a permit from the U.S. Army Corps of Engineers under section 404 of the Clean Water Act 33
U.S.C. 1251 et seq. or a permit from the Service under section 10 of the Act or that involve some other Federal action such as funding from the Federal Highway Administration, Federal Aviation Administration, or the Federal Emergency Management Agency.
Federal actions not affecting listed species or critical habitat, and actions on State, Tribal, local, or private lands that are not federally funded or authorized, do not require section 7
consultation.
Compliance with the requirements of section 7a2, is documented through our issuance of:
1 A concurrence letter for Federal actions that may affect, but are not likely to adversely affect, listed species or critical habitat; or 2 A biological opinion for Federal actions that may affect and are likely to adversely affect, listed species or critical habitat.
When we issue a biological opinion concluding that a project is likely to jeopardize the continued existence of a listed species and/or destroy or adversely modify critical habitat, we provide reasonable and prudent alternatives to the project, if any are identifiable, that would avoid the likelihood of jeopardy and/or destruction or adverse modification of critical habitat. We define reasonable and prudent alternatives at 50 CFR

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