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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations
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relevant impact of specifying any particular area as critical habitat.
Section 35A of the Act defines critical habitat as i the specific areas within the geographical area occupied by the species, at the time it is listed, on which are found those physical or biological features I essential to the conservation of the species and II
which may require special management considerations or protections; and ii specific areas outside the geographical area occupied by the species at the time it is listed, upon a determination by the Secretary that such areas are essential for the conservation of the species.
Economic analysis. In accordance with section 4b2 of the Act, we prepared a draft economic analysis of the impacts of designating critical habitat. We published an announcement of the completion of the draft and solicited public comments 83 FR
50582; October 9, 2018. We received no comments on the draft economic analysis. We adopt the draft economic analysis as final.
Peer review and public comment. We sought comments from independent specialists to ensure that our designation is based on scientifically sound data, assumptions, and analyses.
We invited these peer reviewers to comment on our species status assessment SSA report, which informed both the proposed rule and this final rule. We also considered all comments and information received from the public and peer reviewers during the comment period.
Supporting Documents We prepared an SSA report for the slenderclaw crayfish. Written in consultation with species experts, the SSA report represents the best scientific and commercial data available concerning the status of the slenderclaw crayfish, including the impacts of past, present, and future factors both adverse and beneficial affecting the species Service 2019, entire. The SSA report underwent independent peer review by scientists with expertise in crayfish biology, habitat management, and stressors factors negatively affecting the species to the slenderclaw crayfish. The SSA report, the proposed rule, this final rule, and other materials relating to this rulemaking can be found on the Services Southeast Region website at https www.fws.gov/southeast/ and at http www.regulations.gov under Docket No. FWSR4ES20180069.
Previous Federal Actions On October 9, 2018, we published in the Federal Register a proposed rule 83
FR 50582 to list the slenderclaw
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crayfish as a threatened species with provisions under section 4d of the Endangered Species Act of 1973, as amended 16 U.S.C. 1531 et seq. and to designate critical habitat. Please refer to that proposed rule for a detailed description of all previous Federal actions concerning this species.
Background The slenderclaw crayfish is a relatively small, cryptic freshwater crustacean, with an average lifespan of 2 to 3 years, that is endemic to streams on Sand Mountain within the Tennessee River Basin in DeKalb and Marshall Counties, Alabama. Primarily due to the invasion of nonnative virile crayfish Faxonius virilis that prey upon and compete with the slenderclaw crayfish, in addition to habitat degradation resulting in poor water quality, the species range is reduced with extirpation at some sites and low condition in both populations currently.
Please refer to the October 9, 2018, proposed listing and designation of critical habitat rule for the slenderclaw crayfish 83 FR 50582 and the SSA
report for a full summary of species information. Both are available on the Services Southeast Region website at https www.fws.gov/southeast/ and at http www.regulations.gov under Docket No. FWSR4ES20180069.
Summary of Comments and Recommendations In the October 9, 2018, proposed listing and critical habitat rule 83 FR
50582, we requested that all interested parties submit written comments on the proposal by December 10, 2018. We also contacted appropriate Federal and State agencies, scientific experts and organizations, and other interested parties and invited them to comment on the proposal. A newspaper notice inviting general public comment was published in the Guntersville Alabama Advertiser Gleam on October 17, 2018.
We did not receive any requests for a public hearing. All substantive information provided during the comment period has either been incorporated directly into the SSA
report or this final determination or is addressed below, as appropriate.
Peer Reviewer Comments In accordance with our joint policy on peer review published on July 1, 1994
59 FR 34270, and our August 22, 2016, memorandum updating and clarifying the role of peer review of listing actions under the Act, we solicited the expert opinions from six knowledgeable individuals with scientific expertise that included familiarity with slenderclaw
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crayfish and its habitat, biological needs, and threats. We received responses from two peer reviewers.
We reviewed all comments received from the peer reviewers for substantive issues and new information regarding the slenderclaw crayfish, and we updated the SSA report prior to the proposed rule. The peer reviewers generally concurred with our methods and conclusions and provided additional information, clarifications, and suggestions to improve the final SSA report. Peer reviewer comments were incorporated into the SSA report and this final rule as appropriate. In our response to peer reviewer comments, we only address issues that were not reflected in changes to the SSA report or this final rule.
Comment: One peer reviewer suggested that we project increased variability in rainfall instead of change in annual mean precipitation in our future condition projections. The reviewer noted that one historic drought could potentially eliminate one of these populations, and we do not understand the effects of flooding on the slenderclaw crayfish. In addition, the reviewer noted that considering climateinduced variability with urbanization could lead to a higher probability of occasional stream drying.
Our response: Although we did not use a model to project increased variability in rainfall as the commenter suggested, in the SSA, we did account for increased variability in rainfall and the hydrological impacts from precipitation change in our futurescenario projections and predictions of the slenderclaw crayfish. To assess the future condition of slenderclaw crayfish, we projected how precipitation can change in order to understand potential future hydrologic impacts within the system. Based on this information, we developed future scenarios on the plausible range in the hydrologic impacts from precipitation change as well as other factors influencing the viability of the slenderclaw crayfish.
Public Comments We received 10 public comments on the proposed listing rule and critical habitat rule. Where commenters provided substantive comments or new information concerning the proposed listing and species-specific section 4d rule for the slenderclaw crayfish, we incorporated this information into the final SSA report and this final rule as appropriate.
1 Comment: One commenter expressed concern about the presence of the virile crayfish in slenderclaw
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