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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules
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CFR part 424 set forth the procedures for determining whether a species meets the definition of an endangered species or a 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 a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. For a more detailed discussion on the factors considered when determining whether a species meets the definition of an endangered species or a threatened species and our analysis on how we determine the foreseeable future in making these decisions, see Regulatory and Analytical Framework, 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 found that snail darter representation and redundancy has increased, with extant populations in 7
mainstem reservoirs of the Tennessee River and 10 tributaries in the Tennessee River watershed. Of the mainstem reservoirs, six populations showed multiple age classes, and for these six, we have observed direct evidence of reproduction in three populations, indicating moderate or high resilience. Collection efforts in two mainstem reservoirs, Wilson and Kentucky reservoirs, failed to find snail darters during our analysis period. Of the tributaries, nine populations demonstrated moderate to high resilience; one population is considered to have low resilience with no evidence of reproduction; three tributary populations Citico Creek, Flint River, and Shoal Creek lack sufficient collections during our analysis period to consider them established.
Additionally, the species is now known to be present in four physiographic regions, indicating increased representation, and the multiple, resilient populations indicate an increase in redundancy since the species was reclassified to threatened in 1984. Because the snail darter has increased in representation and redundancy generally, and in particular with respect to numbers of resilient, self-sustaining populations, we expect this species to be able to sustain populations into the foreseeable future.
We have carefully assessed the best scientific and commercial information regarding the threats faced by the snail darter in developing this proposed rule.
Threats reported at the time of listing 1975 and when we downlisted the
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species to threatened status 1984
related to habitat loss and curtailment of range Factor A have been reduced in many locations, and available data indicate the species possesses greater resilience to the negative effects of dams than was determined at the time of listing. Further, beneficial dam operations i.e., RRIP are expected to continue into the foreseeable future.
At the time of the downlisting rule 49
FR 27510; July 5, 1984, it was thought that the notoriety of the snail darter would result in an increase in illegal collection Factor B; however, no such activities have been seen, and we do not consider this a threat to the current or future viability of the species. State water quality and wildlife laws provide some protections to the snail darter and its habitat, and its range overlaps with other federally protected aquatic animals Factor D. In addition, we have evaluated potential effects of climate change Factor E and determined that it is not a primary threat to the species.
Thus, after assessing the best available information, we conclude that the snail darter is not in danger of extinction or likely to become so within the foreseeable future throughout all of its range.
Status Throughout a Significant Portion of Its Range Under the Act and our implementing regulations, a species may warrant listing if it is in danger of extinction or likely to become so in the foreseeable future throughout all or a significant portion of its range. Having determined that the snail darter is not in danger of extinction or likely to become so in the foreseeable future throughout all of its range, we now consider whether it may be in danger of extinction or likely to become so in the foreseeable future in a significant portion of its rangethat is, whether there is any portion of the species range for which it is true that both 1 the portion is significant; and 2 the species is in danger of extinction now or likely to become so in the foreseeable future in that portion.
Depending on the case, it might be more efficient for us to address the significance question or the status question first. We can choose to address either question first. Regardless of which question we address first, if we reach a negative answer with respect to the first question that we address, we do not need to evaluate the other question for that portion of the species range.
In undertaking this analysis for the snail darter, we choose to address the status question firstwe consider information pertaining to the geographic distribution of both the species and the
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threats that the species faces to identify any portions of the range where the species may be endangered or threatened. For the snail darter, 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: Habitat modification, curtailment of range, climate change, and illegal collection, including cumulative effects.
Threats related to habitat modification or curtailment of range affect snail darters throughout their range. With the implementation of TVAs RRIP, conditions around the large dams on the mainstem of the Tennessee River have improved. Our analysis of the species resiliency see above, Analytical Framework, which integrated information on demographics and threats, determined that six out of nine reservoir populations showed multiple age classes, and for these six, we have observed direct evidence of reproduction in three of these reservoirs. These reservoirs with resilient populations are distributed across the snail darters range and multiple geographic provinces. Of the 10 resilient tributary populations, 9
populations demonstrated moderate to high resiliency. In tributary watersheds such as the Ocoee and Sequatchie where water quality was impacted by localized mining threats, conditions have improved due in part to the cessation of mining and efforts to clean up the mine sites. In watersheds with higher levels of agriculture and urbanization such as the South Chickamauga Creek and Paint Rock River watersheds, conservation programs are in place to reduce the impact of these activities on the instream habitat used by the snail darter. Based on the distribution of resilient populations and the conservation efforts put in place, we have determined that threats related to habitat modification or curtailment of range are not concentrated in any portion of the species range.
We have reviewed other potential threats, including climate change, illegal collection, and cumulative effects, and we concluded that none of them is concentrated in any portion of the species range at a biologically meaningful scale. Therefore, no portion of the species range can provide a basis for determining that the species is in danger of extinction now or likely to become so in the foreseeable future in a significant portion of its range, and we find the species is not in danger of extinction now or likely to become so in the foreseeable future in any significant portion of its range. This is consistent
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