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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Rules and Regulations streams contribution to future recovery of the slenderclaw crayfish;
2 whether the area is and could be maintained or restored to contain the necessary habitat water quantity, substrate, interstitial space, and connectivity to support the slenderclaw crayfish;
3 whether the site provides connectivity between occupied sites for genetic exchange;
4 whether a population of the species could be reestablished in the location; and 5 whether the virile crayfish is currently present in the stream.
For the one subunit containing areas outside the geographical area occupied by the species at the time of listing, we delineated critical habitat unit boundaries by evaluating stream segments not known to have been occupied at listing i.e., outside of the geographical area occupied by the species but that are within the historical range of the species to determine if they are essential for the survival and recovery of the species.
Essential areas are those that:
a Expand the geographical distribution within areas not occupied at the time of listing across the historical range of the species;
b Were determined to be of suitable habitat and contain the primary habitat elements water quantity, substrate, interstitial space, and connectivity that support the viability of the slenderclaw crayfish; and c Are connected to other occupied areas, which will enhance genetic exchange between populations.
Based on this analysis, ScarhamLaurel Creek was identified as meeting the criteria for areas outside the geographical area occupied at the time of listing that are essential for the
conservation of the species see Subunit 2b unit description below.
General Information on the Maps of the Critical Habitat Designation When determining critical habitat boundaries, we made every effort to avoid including developed areas such as lands covered by buildings, pavement, and other structures because such lands lack physical or biological features necessary for slenderclaw crayfish. The scale of the maps we prepared under the parameters for publication within the Code of Federal Regulations may not reflect the exclusion of such developed lands. Any such lands inadvertently left inside critical habitat boundaries shown on the maps of this final rule have been excluded by text in the rule and are not included for designation as critical habitat. Therefore, a Federal action involving these lands would not trigger section 7 consultation under the Act with respect to critical habitat and the requirement of no adverse modification unless the specific action would affect the physical or biological features in the adjacent critical habitat.
We are designating critical habitat in areas within the geographical area occupied by the species at the time of listing. We also are designating areas outside the geographical area occupied by the species at the time of listing that were historically occupied but are presently unoccupied, because we have determined that such areas are essential for the conservation of the species see description of Subunit 2b below for explanation.
The two occupied units were designated based on one or more of the elements of physical or biological features being present to support slenderclaw crayfish life processes.
Some stream segments within the units
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contained all of the identified elements of physical or biological features and supported multiple life processes. Some stream segments contained only some elements of the physical or biological features necessary to support the slenderclaw crayfishs particular use of that habitat.
The critical habitat designation is defined by the map or maps, as modified by any accompanying regulatory text, presented at the end of this document in the rule portion. We include more detailed information on the boundaries of the critical habitat designation in the discussion of individual units below. We will make the coordinates or plot points or both on which each map is based available to the public on http
www.regulations.gov under Docket No.
FWSR4ES20180069, and at the field office responsible for the designation see FOR FURTHER
INFORMATION CONTACT, above.
Final Critical Habitat Designation We are designating approximately 78
river mi 126 river km in two units as critical habitat for the slenderclaw crayfish. The critical habitat areas, described below, constitute our current best assessment of areas that meet the definition of critical habitat for the slenderclaw crayfish. The two units are:
1 Town Creek Unit, and 2 Short Creek Unit. Unit 2 is subdivided into two subunits: 2a Shoal Creek and Short Creek subunit, and 2b ScarhamLaurel Creek subunit. Table 2 shows the name, occupancy of the unit, land ownership of the riparian areas surrounding the units, and approximate river miles of the designated critical habitat units for the slenderclaw crayfish.

TABLE 2DESIGNATED CRITICAL HABITAT UNITS FOR THE SLENDERCLAW CRAYFISH
Streams
Occupied at the time of listing
Ownership
Length of unit in river miles kilometers
Unit 1Town Creek Bengis and Town Creeks

Yes

Private

42 67

Yes

Private

10 17

No

Private

26 42
78 126

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Unit 2Short Creek Subunit 2aShoal Creek and Short Creek:
Scarham, Shoal, Short, and Whippoorwill Creeks
Subunit 2bScarham-Laurel Creek:
Scarham-Laurel Creek
Total
Note: Area sizes may not sum due to rounding.

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