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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Proposed Rules
required resources stressors. The term threat may encompasseither together or separatelythe source of the action or condition or the action or condition itself. However, the mere identification of any threats does not necessarily mean that the species meets the statutory definition of an endangered species or a threatened species. In determining whether a species meets either definition, we must evaluate all identified threats by considering the expected response by the species, and the effects of the threatsin light of those actions and conditions that will ameliorate the threatson an individual, population, and species level. We evaluate each threat and its expected effects on the species, then analyze the cumulative effect of all of the threats on the species as a whole. We also consider the cumulative effect of the threats in light of those actions and conditions that will have positive effects on the species, such as any existing regulatory mechanisms or conservation efforts. The Secretary determines whether the species meets the definition of an endangered species or a threatened species only after conducting this cumulative analysis and describing the expected effect on the species now and in the foreseeable future.
The Act does not define the term foreseeable future, which appears in the statutory definition of threatened species. Our implementing regulations at 50 CFR 424.11d set forth a framework for evaluating the foreseeable future on a case-by-case basis. The term foreseeable future extends only so far into the future as the Service can reasonably determine that both the future threats and the species responses to those threats are likely. In other words, the foreseeable future is the period of time in which we can make reliable predictions. Reliable does not mean certain; it means sufficient to provide a reasonable degree of confidence in the prediction. Thus, a prediction is reliable if it is reasonable to depend on it when making decisions.
It is not always possible or necessary to define foreseeable future as a particular number of years. Analysis of the foreseeable future uses the best scientific and commercial data available and should consider the timeframes applicable to the relevant threats and to the species likely responses to those threats in view of its life-history characteristics. Data that are typically relevant to assessing the species biological response include speciesspecific factors such as lifespan, reproductive rates or productivity,
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certain behaviors, and other demographic factors.
In conducting our evaluation of the five factors provided in section 4a1 of the Act to determine whether Black Creek crayfish or hairy-peduncled beakrush meet the definition of endangered species or threatened species, we considered and thoroughly evaluated the best scientific and commercial information available regarding the past, present, and future stressors and threats. We reviewed the petitions, information available in our files, and other available published and unpublished information. Our evaluation may include information from recognized experts; Federal, State, and Tribal governments; academic institutions; foreign governments;
private entities; and other members of the public.
The species assessment forms for these species contain more detailed biological information, a thorough analysis of the listing factors, a list of literature cited, and an explanation of why we determined that the species does not meet the Acts definition of an endangered species or a threatened species. A thorough review of the taxonomy, life history, and ecology of the Black Creek crayfish and the hairypeduncled beakrush is presented in the species Species Status Assessment reports. This supporting information can be found on the internet at http
www.regulations.gov under the appropriate docket number see ADDRESSES, above. The following are informational summaries for the findings in this document.
Black Creek Crayfish Previous Federal Actions On April 20, 2010, the Service received a petition from the Center for Biological Diversity CBD, Alabama Rivers Alliance, Clinch Coalition, Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council, and West Virginia Highlands Conservancy to list 404 aquatic, riparian, and wetland species, including the Black Creek crayfish Procambarus pictus, from the southeastern United States as endangered or threatened species under the Act CDB 2010, entire. On September 27, 2011, we published a 90-day finding 76 FR
59836 for 374 of the 404 petitioned species, including the Black Creek crayfish, stating the petition presented substantial information that listing the Black Creek crayfish may be warranted, due to the threats of present or threatened destruction, modification, or curtailment of the species habitat or
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range and inadequacy of existing regulatory mechanisms. The finding solicited information on, and initiated status reviews for, the 374 species, including the Black Creek crayfish.
On February 27, 2020, CBD filed a complaint alleging, among other things, that the Service failed to make statutorily required 12-month findings for 241 species, including the Black Creek crayfish. The Service moved to dismiss most of the actions, including the 12-month finding claim for the Black Creek crayfish, on May 4, 2020.
The motion is fully briefed, and the court has not ruled on it as of July 12, 2021. However, we are effectively mooting the claim by publishing this notification, which fulfils our statutory duty to make a 12-month finding for the Black Creek crayfish.
Summary of Finding The Black Creek crayfish is endemic to four northeastern Florida counties Clay, Duval, Putnam, and St. Johns in the Lower St. Johns River Basin. This small to medium-sized crayfish has dark claws and a dark carapace with a white or yellowish mid-dorsal stripe, white spots or streaks on its sides, and a rustcolored abdomen. The Black Creek crayfish lives about 16 months and reproduces once during its life cycle.
The Black Creek crayfish occurs in flowing, sand-bottomed, tannic-stained streams that contain cool, unpolluted water, and maintain a constant flow of highly oxygenated water 5 to 8 parts per million. Within these streams, Black Creek crayfish require aquatic vegetation and debris for shelter with alternating shaded and open canopy cover where they eat aquatic plants, dead plant and animal material, and detritus.
We have carefully assessed the best scientific and commercial information available regarding the past, present, and future threats to the Black Creek crayfish, and we evaluated all relevant factors under the five listing factors, including any regulatory mechanisms and conservation measures addressing these threats. The potential threats affecting the Black Creek crayfish are due to land conversion impacts and from climate change. The threat of land conversion impacts includes water quality and water quantity degradation from urbanization mining, logging, and agriculture, and the threat of climate change primarily is from sea level rise SLR, and combined effects. These threats can impact the Black Creek crayfish by degrading or inundating its habitat. The effects from these impacts may result in a decrease in habitat quality and quantity across the species
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