81_FR_67460 81 FR 67270 - Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Kenk's Amphipod

81 FR 67270 - Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Kenk's Amphipod

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range67270-67287
FR Document2016-23103

We, the U.S. Fish and Wildlife Service (Service), propose to list the Kenk's amphipod (Stygobromus kenki), a ground water species from the District of Columbia, Maryland, and Virginia, as an endangered species under the Endangered Species Act (Act). If we finalize this rule as proposed, it would extend the Act's protections to this species. The effect of this regulation will be to add the species to the List of Endangered and Threatened Wildlife.

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Proposed Rules]
[Pages 67270-67287]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23103]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R5-ES-2016-0030; 4500030113]
RIN 1018-BB50


Endangered and Threatened Wildlife and Plants; Endangered Species 
Status for the Kenk's Amphipod

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
list the Kenk's amphipod (Stygobromus kenki), a ground water species 
from the District of Columbia, Maryland, and Virginia, as an endangered 
species under the Endangered Species Act (Act). If we finalize this 
rule as proposed, it would extend the Act's protections to this 
species. The effect of this regulation will be to add the species to 
the List of Endangered and Threatened Wildlife.

DATES: We will accept comments received or postmarked on or before 
November 29, 2016. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES below) must be received by 11:59 p.m. 
Eastern Time on the closing date. We must receive requests for public 
hearings, in writing, at the address shown in FOR FURTHER INFORMATION 
CONTACT by November 14, 2016.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R5-ES-2016-0030, 
which is the docket number for this rulemaking. Then, in the Search 
panel on the left side of the screen, under the Document Type heading, 
click on the Proposed Rules link to locate this document. You may 
submit a comment by clicking on ``Comment Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R5-ES-2016-0030; U.S. Fish and Wildlife 
Service Headquarters, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 
22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments below for more information).

FOR FURTHER INFORMATION CONTACT: Genevieve LaRouche, Field Supervisor, 
U.S. Fish and Wildlife Service, Chesapeake Bay Field Office, 177 
Admiral Cochrane Drive, Annapolis, MD 21401, by telephone 410-573-4577 
or by facsimile 410-269-0832. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    Why we need to publish a rule. Under the Act, if a species is 
determined to be an endangered or threatened species throughout all or 
a significant portion of its range, we are required to promptly publish 
a proposal in the Federal Register and make a determination on our 
proposal within 1 year. Critical habitat shall be designated, to the 
maximum extent prudent and determinable, for any species determined to 
be an endangered or threatened species under the Act. Listing a species 
as an endangered or threatened species and designating and revising 
critical habitat can be completed only by issuing a rule.
    What this document does. This document proposes the listing of the 
Kenk's amphipod (Stygobromus kenki) as an endangered species. The 
Kenk's amphipod is a candidate species for which we have on file 
sufficient information on its biological vulnerability and threats to 
support preparation of a listing proposal, but for which development of 
a listing regulation has been precluded by other higher priority 
listing activities. This proposed rule assesses the best available 
information and data regarding the status of and threats to the Kenk's 
amphipod.
    The basis for our action. Under the Act, we can determine that a 
species is an endangered or threatened species based on any of five 
factors: (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) Overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
Disease or predation; (D) The inadequacy of existing regulatory 
mechanisms; or (E) Other natural or manmade factors affecting its 
continued existence. We have determined that the Kenk's amphipod is in 
danger of extinction primarily due to poor water quality, erosion, and 
sedimentation resulting from urban runoff in Maryland and the District 
of Columbia (Factor A) and the effects of small population dynamics 
(Factor E) at all known locations.
    We will seek peer review. We will seek comments from independent 
specialists to ensure that our determination is based on scientifically 
sound data, assumptions, and analyses. We will invite these peer 
reviewers to comment on our listing proposal. Because we will consider 
all comments and information received during the comment period, our 
final determination may differ from this proposal.

Information Requested

Public Comments

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from the public, other concerned governmental 
agencies, Native American Tribes, the scientific community, industry, 
or any other interested parties concerning this proposed rule. We 
particularly seek comments concerning:
    (1) The Kenk's amphipod's biology, range, and population trends, 
including:
    (a) Biological or ecological requirements of the species, including 
habitat requirements for feeding, breeding, and sheltering;

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    (b) Genetics and taxonomy;
    (c) Historical and current range including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species, its 
habitat, or both.
    (2) Factors that may affect the continued existence of the species, 
which may include habitat modification or destruction, overutilization, 
disease, predation, the inadequacy of existing regulatory mechanisms, 
or other natural or manmade factors.
    (3) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to the species and existing regulations 
that may be addressing those threats.
    (4) Additional information concerning the historical and current 
status, range, distribution, and population size of this species, 
including the locations of any additional populations of the species.
    (5) Additional information on the hydrology (e.g., connectedness, 
size of recharge areas) of the known Kenk's amphipod sites.
    (6) Reliable methodology for estimating the total population size 
at an individual seep site (e.g., calculating the number of animals in 
the subsurface from the number of animals at the surface).
    (7) Additional information on the interspecific interactions of 
amphipods at the known Kenk's amphipod sites (e.g., predator/prey 
dynamics or competition for food or space resources).
    (8) The specific tolerance of the Kenk's amphipod or the Potomac 
groundwater amphipod (Stygobromus tenuis potomacus) to temperature, 
sewage effluent, chlorinated water, or other contaminants.
    Please include supporting documentation with your submission (such 
as scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although noted, will not be considered in 
making a determination, as section 4(b)(1)(A) of the Act directs that 
determinations as to whether any species is a threatened or endangered 
species must be made ``solely on the basis of the best scientific and 
commercial data available.''
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit information via http://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the Web site. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Chesapeake Bay Field Office (see FOR FURTHER 
INFORMATION CONTACT).

Public Hearing

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this proposal, if requested. Requests must be received within 45 
days after the date of publication of this proposed rule in the Federal 
Register. Such requests must be sent to the address shown in FOR 
FURTHER INFORMATION CONTACT. We will schedule public hearings on this 
proposal, if any are requested, and announce the dates, times, and 
places of those hearings, as well as how to obtain reasonable 
accommodations, in the Federal Register and local newspapers at least 
15 days before the hearing.

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), we will seek the expert 
opinions of at least three appropriate and independent specialists 
regarding this proposed rule. The purpose of peer review is to ensure 
that our listing determination is based on scientifically sound data, 
assumptions, and analyses. The peer reviewers have expertise in Kenk's/
Stygobromus amphipod biology, habitat, or stressors (factors negatively 
affecting the species) to the Kenk's amphipod species or its habitat. 
We invite comment from the peer reviewers during this public comment 
period.

Previous Federal Action

    In 2001, the Service received a petition to list the Kenk's 
amphipod and two other invertebrates. Higher priority workload that 
consumed the listing budget prevented the Service from making a 90-day 
finding until fiscal year (FY) 2006 when we found that the petition did 
not present substantial information (72 FR 51766, September 11, 2007) 
indicating that listing may be warranted. In 2010, the Service, under 
its own candidate assessment process, initiated a status review for the 
Kenk's amphipod, completed an analysis on the best available data, and 
determined that listing the species was warranted. However, we were 
precluded from moving forward with rulemaking for the species due to 
other higher priority listing actions. The Kenk's amphipod was added to 
the FY 2010 candidate list (75 FR 69222, November 10, 2010). The 
species' status was reviewed at least annually and continued to be 
found warranted but precluded for listing in all subsequent annual 
Candidate Notices of Review (76 FR 66370, October 26, 2011; 77 FR 
69994, November 21, 2012; 78 FR 70104, November 22, 2013; 79 FR72450, 
December 5, 2014; 80 FR 80584, December 24, 2015). For additional 
information see: http://ecos.fws.gov/tess_public/profile/speciesProfile?spcode=K04P (last accessed June 22, 2016). In 2011, the 
Service entered into a settlement agreement with the Center for 
Biological Diversity and WildEarth Guardians that specified a listing 
determination must be made for all species from the FY 2010 candidate 
list (Center for Biological Diversity v. Salazar 10-cv-0230 (D.D.C.); 
WildEarth Guardians v. Salazar Nos. 10-cv-0048; 10-cv-0421; 10-cv-1043; 
10-cv-1045; 10-cv-1048; 10-cv-1049; 10-cv-50; 10-cv-51; 10-cv-1068; 10-
cv-2299; 10-cv-2595; 10-cv-3366 (D.D.C.)). Per the settlement 
agreement, a not warranted finding or proposed listing rule for the 
Kenk's amphipod must be delivered to the Federal Register no later than 
September 30, 2016.

Background

Taxonomy and Species Description

    The Kenk's amphipod (Stygobromus kenki) was first collected in 1967 
by Roman Kenk from a spring in Rock Creek Park (Park), southeast of 
North National Capitol Parks' headquarters in the District of Columbia, 
and it was formally described by J.R. Holsinger (1978, pp. 39-42). We 
have carefully reviewed the best available taxonomic data and conclude 
that the Kenk's amphipod is a valid species.
    The Kenk's amphipod is a moderately small ground water crustacean, 
with the largest male and female specimens growing to 0.15 inch (in) 
(3.7 millimeters (mm)) and 0.22 in (5.5 mm) in length, respectively. 
The Kenk's

[[Page 67272]]

amphipod is a member of the Spinosus Group of Stygobromus, which 
includes two other closely related but separate species, Blue Ridge 
stygobromid (S. spinosus) and Luray Caverns amphipod (S. 
pseudospinosus), that are found only in Virginia, primarily in 
Shenandoah National Park. The Kenk's amphipod is distinguished from 
those two species, as well as other co-occurring amphipods, such as the 
Potomac groundwater amphipod and Hay's spring amphipod (S. hayi), on 
the basis of various morphological features (Holsinger 1978, p. 39). 
For additional morphological description details, please see the Kenk's 
amphipod's FY 2015 candidate assessment form here: http://ecos.fws.gov/docs/candidate/assessments/2015/r5/K04P_I01.pdf (last accessed on June 
22, 2016).
    Accurate identification of the Kenk's amphipod can occur only when 
a specimen is removed from the seepage spring site (hereafter referred 
interchangeably as seepage spring, seep, spring, or site depending upon 
the reference), and preserved in alcohol or other fixing agent for 
identification by a species expert who removes legs and other 
appendages from the specimen for microscopic examination. This 
identification method is the best scientific method available. Because 
the laboratory identification results in mortality, the Service has 
been judicious in limiting the frequency and number of specimens 
removed from known sites.

Reproduction and Longevity

    We have no reproductive or longevity information specific to the 
Kenk's amphipod, but assume those attributes are similar to other 
Stygobromus species. Like other amphipods, females of the genus 
Stygobromus deposit their eggs in a brood pouch on their underside 
(Foltz and Jepson 2009, p. 2). Young of the Potomac groundwater 
amphipod hatch from the egg and actively swim from the brood pouch, 
with days or even weeks passing between the hatching of the first and 
last young of a brood (Williams 2013, p. 10). The immature stages 
resemble the adults, and individuals undergo successive molts (usually 
between eight and nine) until maturity. Most surface amphipod species 
from the family Talitridae complete their life cycle (egg to adult) in 
1 year or less, but subterranean species like the Kenk's amphipod have 
a longer life span and may live for 4 to 6 years (Foltz and Jepson 
2009, p. 2).

Habitat

    Amphipods of the genus Stygobromus occur in ground water and ground 
water-related habitats (e.g., caves, seeps, small springs, wells, 
interstices, and rarely deep ground water lakes). Members of this genus 
occur only in freshwater and belong to the family Crangonyctidae, the 
largest family of freshwater amphipods in North America, and have 
modified morphology for survival in the subterranean ground water that 
is their primary habitat. These species are generally eyeless and 
unpigmented (without color), and frequently have attenuated (reduced in 
length and width) bodies (Holsinger 1978, pp. 1-2).
    The Kenk's amphipod is found in wooded areas where ground water 
emerges to form seepage springs (Holsinger 1978, p. 39). More 
specifically, this habitat is called the hypotelminorheic. 
Hypotelminorheic is described as habitats: (1) With a perched aquifer 
fed by subsurface water that creates a persistent wet spot; (2) 
underlain by a clay or other impermeable layer typically 5 to 50 
centimeters (cm) (2 to 20 in) below the surface; and (3) rich in 
organic matter compared with other aquatic subterranean habitats. The 
water supplying the springs infiltrates to the ground water from 
precipitation and runoff into the catchment (e.g., recharge or 
drainage) areas (see Factor A--Water Quality/Quantity Degradation Due 
to Chronic Pollution of Urban/Suburban Runoff section below for more 
details). The water exits these habitats at seepage springs. Seepage 
springs typically have a diffuse discharge of water where the flow 
cannot be immediately observed but the land surface is wet compared to 
the surrounding area (Culver et al. 2012, p. 2). The shading, 
hydrologic conditions, and organic matter found in these woodlands are 
considered important factors in maintaining suitable habitat for the 
species.
    The Kenk's amphipod has been found in the dead leaves or fine 
sediment submerged in the waters of its seepage spring outflows 
(Holsinger 1978, p. 130). The best available data indicate that the 
species will move between the surface and subterranean portions of the 
spring habitat, but it is unknown when or how often that movement 
occurs (Kavanaugh 2009, p. 3). Seepage springs typically have a 
drainage area of less than 10,000 square meters (2.5 acres (ac); 1 
hectare (ha)) and their water quality parameters differ from those 
parameters of small surface waters by having higher conductivity and 
dissolved oxygen, and lower pH and temperature (Culver et al. 2012, pp. 
5-6). For example, an unpublished study (Culver and Chestnut 2006, pp. 
1-3) found that sites supporting the genus Stygobromus had lower 
temperatures during spring and summer, higher dissolved oxygen, lower 
pH, and lower nitrate levels than other seepage springs (70 putative 
seepage springs) along the George Washington Memorial Parkway in 
Virginia. The Service has contracted with the Maryland Geological 
Survey to delineate the recharge areas and conduct electrical 
resistivity surveying to determine elevations of bedrock or clay that 
may be perching the water table, and to detect elevation of the water 
table of several seepage springs supporting the Kenk's amphipod; 
however, the results of this study will not be available until 2017.
    All Stygobromus species found in the hypotelminorheic habitats 
appear to have similar requirements--shallow ground water and springs 
with good water quality and persistent flow for most of the year in 
wooded habitats. Forest canopy cover appears to be necessary both for 
the shading and the food source its leaf litter provides. This food 
source consists of organic detritus and the microorganisms using the 
leaf litter as substrate.
    Springs currently known to support the Kenk's amphipod are found in 
forested areas with steep slopes, adjacent to streams, and overlying 
the Wissahickon geologic formation in the Piedmont of Maryland and the 
District of Columbia and in the Calvert formation just above the 
Nanjemoy formation in the upper Coastal Plain of Virginia. While the 
applicable areas containing the known appropriate geology in the 
Piedmont of Maryland and the District of Columbia have been extensively 
surveyed for Kenk's amphipod, the same is not true for areas in the 
Coastal Plain of Maryland and Virginia because information that these 
geological formations support occupied Kenk's amphipod habitat is new 
to the Service and species experts (see the Distribution and Relative 
Abundance--Current Range and Distribution Since 2016 section below for 
more information). The Service conducted a preliminary geographic 
information system (GIS) analysis to determine that the total amount of 
forested areas containing the appropriate geology in the Coastal Plain 
areas of Maryland and Virginia is approximately 20,500 ac (8,296 ha), 
with approximately 3,063 ac (1,240 ha) on public lands. However, the 
potential amount of suitable habitat for the Kenk's amphipod is less 
than 20,500 ac (8,296 ha). The Service will narrow the scope of 
potential habitat areas to

[[Page 67273]]

survey by evaluating slope, adjacent waterways, and other habitat 
quality parameters.

Distribution and Relative Abundance

Known Range and Distribution Prior to 2016
    Prior to 2016, all known occurrences of the Kenk's amphipod were 
from the Potomac River watershed in or near the District of Columbia. 
At the time of its description, this amphipod was known from two 
seepage springs (East Spring and Holsinger Spring) in Rock Creek Park 
in the District of Columbia and was initially thought to be identified 
from one shallow well in Fairfax County in northern Virginia (Holsinger 
1978, p. 39; Terwilliger 1991, p. 184). However, the single immature 
male specimen from this well was later reexamined by a taxonomic expert 
and determined not to be a Kenk's amphipod (Holsinger 2009, p. 266). 
Because of the difficulty in finding the small seepage area of 
Holsinger Spring, the location was surveyed only once (in 2003) between 
the Kenk's amphipod's original discovery at the site in 1967 and 
surveys conducted in 2015.
    The Kenk's amphipod was discovered in two additional springs 
(Sherrill Drive Spring and Kennedy Street Spring (this spring also 
supports the federally endangered Hay's Spring amphipod) in Rock Creek 
Park in 1995 and 2001 and in two springs (Coquelin Run Spring and Burnt 
Mill Spring #6) in Montgomery County, Maryland, in 2003 to 2004, 
bringing the total number of springs known to support the Kenk's 
amphipod to six. All of these sites are considered to be in the 
Washington metropolitan area because they are all within the Washington 
Beltway (i.e., the I-495 highway).
    Until 2016, the species was known only from six seepage spring 
sites in the District of Columbia and Montgomery County, MD (Culver and 
Sereg 2004, pp. 35-36; Feller 2005, p. 5) (see figure 1 below), despite 
extensive surveys for the species in the same area (Feller 1997, 
entire; Culver and Sereg 2004, entire; Feller 2005, entire). Ground 
water amphipod surveys on National Park Service (NPS) properties in 
Arlington and Fairfax Counties, VA, failed to detect the Kenk's 
amphipod (Hutchins and Culver 2008, entire). In addition, surveys in 
2014 in the vicinity of the proposed Purple Line light rail project in 
Montgomery County, MD, also failed to detect the species (Culver 2015, 
entire).
    Within the species' historical range, the District of Columbia and 
Maryland, it is plausible that urbanization of the Rock Creek and 
Northwest Branch watersheds (outside of the protected parklands) has 
reduced the range and distribution of the Kenk's amphipod because many 
large and small springs throughout these drainages have been lost as a 
result of urbanization (Williams 1977, entire; Feller 2005, p. 11). In 
particular, the southern Rock Creek watershed is where most of the 
natural tributaries and springs in the District of Columbia south of 
the National Zoo have been lost due to leveling and filling of the 
stream valleys, or conversion to covered sewers (Williams 1977, pp. 6, 
11). However, there is no available method to estimate to what extent 
the Kenk's amphipod may have been present in these areas. The best 
available data indicate that there were no ground water amphipod 
surveys at any of the springs prior to those habitat areas being filled 
or otherwise converted to unsuitable habitat.
Current Range and Distribution Since 2016
    Within the Washington metropolitan area, five of the known sites 
are within the Rock Creek drainage: Four are within Rock Creek Park in 
the District of Columbia (Holsinger Spring, Kennedy Street Spring, East 
Spring, and Sherrill Drive Spring), and the fifth (Coquelin Run Spring) 
is in Montgomery County, MD, not far from the District of Columbia 
border. A sixth known site (Burnt Mill Spring #6) is within the 
Northwest Branch Park in the Northwest Branch drainage in Montgomery 
County, MD, approximately 3 miles (mi) (4.8 kilometers (km)) from the 
District of Columbia border. Thus, the current range of this species in 
the Washington metropolitan area is limited to Federal land (four 
sites) and private property (one site) adjacent to approximately 4 
linear mi (6.4 km) of Rock Creek, and a single site to the east, on 
county parkland adjacent to the Northwest Branch. Both Rock Creek Park 
and the Northwest Branch Park are long, linear parks within heavily 
urbanized areas.
    In addition to the distribution described above for the Washington 
metropolitan area, a new area occupied by the Kenk's amphipod was 
identified in 2016--the U.S. Army's Fort A.P. Hill installation in 
Caroline County, VA, approximately 60 mi (97 km) south of all 
previously known sites (see figure 1 below). The species was collected 
during surveys conducted for another amphipod species in 2014, but not 
identified as the Kenk's amphipod until May 2016, when the Service was 
notified of the information. Out of a total of 21 surveyed sites on the 
installation, 4 were found to contain the Kenk's amphipod. Seven Kenk's 
amphipod individuals were identified from these four springs, which are 
along Mount and Mill Creeks, both tributaries of the Rappahannock River 
(J. Applegate, pers. comm., 05/02/2016; C. Hobson, pers. comm., 05/12/
2016) (see figure 1). The spring sites in the two creek systems are 
approximately 7.5 mi (12 km) apart. The area immediately surrounding 
Fort A.P. Hill is less developed than the Washington metropolitan area.
BILLING CODE 4333-15-P

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[GRAPHIC] [TIFF OMITTED] TP30SE16.000

BILLING CODE 4333-15-C
Relative Abundance
    There are no reliable total population numbers for Kenk's amphipod 
sites due to sampling difficulties (e.g., flow conditions) and the lack 
of information on the portion of the population that may remain in the 
springs' ground water supply (Feller 2005, p. 10). However, because 
surveying in the Washington metropolitan area has been conducted using 
systematic and consistent

[[Page 67275]]

methodology over many years, often by the same individuals, the numbers 
of Kenk's amphipod individuals observed and the number of conducted 
surveys required to find the species are considered to be the best 
available data and do provide a reliable indication of the species' 
relative abundance.
    The species is typically found in small numbers and then only when 
ground water levels are high and springs are flowing freely, conditions 
that cause the Kenk's amphipod to be transported to the surface. These 
conditions typically occur during the spring season, except during 
especially dry years. Given the small size of the shallow ground water 
aquifers supporting the sites occupied by this species, and the known 
characteristics of subterranean invertebrates, it is probable that each 
of the Kenk's amphipod populations has always been small (Hutchins and 
Culver 2008, pp. 3-6).
    Although specimens were not collected and identified to the species 
level, Stygobromus sp., including some in the right size range for 
Kenk's amphipod, were observed during site reconnaissance visits 
between 2004 and 2015 in several of the known Kenk's amphipod 
Washington metropolitan area spring habitats (B. Yeaman, pers. comm., 
05/04/2012). In addition, visual inspections during this same time 
period indicated that most of the sites continued to appear to be 
suitable habitat, leading us to conclude that the Kenk's amphipod was 
extant at least at Burnt Mill Spring #6, Kennedy Street Spring, and 
East Spring (D. Feller, pers. comm., 04/01/2015). However, actual 
identifications of specimens collected during surveys conducted in 2015 
and 2016 (D. Feller, pers. comm., 03/16/2016) suggest that the species 
may not be extant at those sites (see below).
    Prior to 2015, all Kenk's amphipod specimens were discovered on the 
first or second survey conducted at all known sites. In 2015 and 2016, 
Kenk's amphipod was confirmed at only one of the Washington 
metropolitan area spring sites, Coquelin Run Spring, despite all of the 
sites being sampled multiple times during these 2 years (see table 1 
below) (D. Feller, pers. comm., 03/16/2016; D. Feller, pers. comm., 04/
22/2016). It is unclear whether the species may be extirpated at Burnt 
Mill Spring #6, Kennedy Street Spring, and East Spring, but the best 
available data show a decrease in observed individuals at these sites.
    Although there have been no Kenk's amphipods (Stygobromus kenki) 
observed at five of the six District of Columbia/Maryland sites during 
the 2015-2016 survey efforts, increasing numbers of Potomac groundwater 
amphipod have been observed at several of the sites (Burnt Mill Spring 
#6, East Spring, Kennedy Street Spring, and Holsinger Spring) (D. 
Feller, pers. comm., 04/22/2016). At Sherrill Drive Spring, no 
Stygobromus species have been detected for 12 years, and the water 
quality at this site has been documented to be poor (see Factor A--
Water Quality/Quantity Degradation Due to Chronic Pollution of Urban/
Suburban Runoff section below for more details), leading us to conclude 
that the species is likely extirpated at this site. This conclusion is 
consistent with the earlier characterization of the population at this 
site by Culver and Sereg (2004, p. 73) over a decade ago as ``barely 
hanging on.''

[[Page 67276]]

[GRAPHIC] [TIFF OMITTED] TP30SE16.001

    At Fort A.P. Hill, all collections of the Kenk's amphipod were 
taken during surveys conducted in the spring of 2014; therefore, no 
trend data exist for the four occupied spring sites. Twenty-one sites 
were surveyed with 5 to 7 visits per site. The numbers of the Kenk's 
amphipod collected that year were low at all sites, ranging from 1 to 4 
individuals (see table 1 above). Other species of Stygobromus, 
including S. tenuis (no common name), Tidewater stygonectid amphipod 
(S. indentatus), and Rappahannock Spring amphipod (S. foliatus), were 
also found at several of these Virginia sites.
    Summary of Distribution and Relative Abundance: The above 
information represents the best available data on the Kenk's amphipod's 
known distribution and relative abundance. However, the habitat areas 
at Fort A.P. Hill occur in different river drainages and geological 
formations from those in the Washington metropolitan area, which 
suggests that additional surveys may identify additional locations and 
further expand the species' current known range. The Service plans to 
fund additional amphipod surveys to be conducted during suitable 
sampling conditions in late 2016 and early 2017 in accessible areas of 
Maryland and northeastern Virginia that have geology similar to that of 
the Fort A.P. Hill sites and other suitable habitat characteristics 
(e.g., forested slopes dissected by streams). The U.S. Army also plans 
to conduct additional amphipod surveys at Fort A.P. Hill in spring 
2017. Additional surveys for the known Maryland and the District of 
Columbia sites are also planned.

Summary of Biological Status and Threats

    The Act directs us to determine whether any species is an 
endangered species or a threatened species because of any factors 
affecting its continued existence. In this section, we review the 
biological condition of the species and its resources, and the 
influences on such to assess the species' overall viability and the 
risks to that viability.

[[Page 67277]]

Factor A. The Present or Threatened Destruction, Modification, or 
Curtailment of Its Habitat or Range

Water Quality/Quantity Degradation Due to Chronic Pollution of Urban/
Suburban Runoff

    Habitat modification, in the form of degraded water quality and 
quantity, is one of the primary drivers of Kenk's amphipod viability. 
While the species' specific tolerances to parameters affecting water 
quality and quantity is not yet known, we do know that the Kenk's 
amphipod is at increased risk to parameters that negatively affect 
water quality and quantity because these freshwater amphipods spend 
their entire life cycle in water and are, therefore, continually 
exposed to changes in the aquatic habitat. Water quality degradation of 
ground water at spring sites located in the Washington metropolitan 
area has been previously cited as a top concern in several studies and 
reports (Feller 1997, pp. 12-13; Culver and Sereg 2004, p. 13; Feller 
2005, p. 9; Hutchins and Culver 2008, p. 6; Kavanaugh 2009, p. 60; 
Culver et al. 2012, p. 37; Culver and Pipan 2014, p. 219).
    The amount of forested buffer surrounding the seep influences the 
species' vulnerability and exposure to negative effects, and the 
smaller the buffer, the greater the risk of exposure. Buffer distance 
is important because the buffer helps filter sediment and other 
contaminants from the surface water entering the catchment areas and, 
therefore, the ground water that supports the Kenk's amphipod. The 
Washington metropolitan area amphipod sites have narrow riparian 
buffers (94 feet (ft) to 1,000 ft) (29 m to 305 m) separating them from 
the surrounding urban landscape. This urban land is characterized by 
impervious surface cover, which includes paved roads, sidewalks, 
parking lots, and buildings (Sexton et al. 2013, p. 42). The general 
percentage of impervious surface inside the Capitol Beltway (I-495) 
(i.e., where all the District of Columbia and Maryland Kenk's amphipod 
sites are located) increased from 22 percent in 1984 to 26 percent in 
2010. The annual rate of increase in impervious cover within the 
Washington Beltway has also doubled since the 1980s, from 2 to 4 square 
(sq.) miles (6 to 12 sq. km) (Sexton et al. 2013, pp. 42-53; Song et 
al. 2016, pp. 1-13; http://www.earthobservatory.nasa.gov/IOTD/view.php?id=87731, last accessed 07/07/2016).
    Urban impervious surfaces can result in increased surface water 
flow after storm events due to decreased opportunity for immediate or 
proximal infiltration. The surface flow waters have higher 
temperatures, higher sediment loads, and higher levels of heavy metals 
(zinc, cadmium), nitrogen, phosphorus, and fecal coliform bacteria 
(Walsh et al. 2005, pp. 706-723). In addition to affecting water 
quality, urban impervious surfaces can affect water quantity; decreased 
infiltration can result in depletion of ground water reserves and 
ultimately cause springs to dry up over time (Frazer 2005, p. 3).
    It is well documented that impervious cover from urbanization 
affects biological communities in streams. For example, a review of 
more than 30 studies by the Center for Watershed Protection (2003, pp. 
101-102) found that sensitive aquatic insect species were absent or 
less abundant in streams that drain from urban areas, and aquatic 
insect diversity decreased when imperviousness reached 10 to 15 
percent. The Maryland Department of Natural Resources (MDDNR) found 
that, in Maryland when the general percentage of watershed 
imperviousness exceeds 15 percent, stream health is never rated as 
``good,'' based on a combined fish and benthic macroinvertebrate Index 
of Biotic Integrity. The Potomac Washington metropolitan basin, which 
incorporates the area surrounding Kenk's amphipod sites, has the 
smallest percentage of stream miles rated as ``good'' (less than 1 
percent) (Boward et al. 1999, p. 45).
    Hyporheic habitat, which is a transition area between surface and 
shallow ground water, is found within the interstitial spaces within 
the sediments of a stream bed but also can be found in spring runs 
(Culver and Sereg 2004, pp. 70-71) that support the Kenk's amphipod. 
Hancock (2002, pp. 766-775) evaluated human activities that affect the 
hyporheic zone. Pesticide pollution, heavy metal and chemical pollution 
from industrial and urban sources, increased salinity, and acidity were 
all cited as stressors that may make this habitat unsuitable for 
invertebrates. In addition to documenting lethal effects on individuals 
from these stressors, researchers have documented changes in 
macroinvertebrate diversity and abundance that include an increase in 
species that are tolerant to elevated levels of the stressors and a 
decrease in species sensitive to elevated levels of those stressors 
(Hancock 2002, pp. 768-770).
    The hypotelminorheic zone, which is described as the main habitat 
required by the Kenk's amphipod, may be more vulnerable to the effects 
of urban runoff than streams or the hyporheic zone with respect to 
pollutants, erosion, and sedimentation because of the small size and 
shallow nature of the habitat. In addition, the aforementioned narrow 
buffer zones around the hypotelminorheic sites increase the habitat's 
and species' exposure to urban runoff.
    Storm water runoff in urban areas is commonly transported through 
Municipal Separate Storm Sewer Systems (MS4s), from which it is often 
discharged untreated into local waterbodies. Storm water is regulated 
to prevent harmful discharges of pollutants into MS4s. The Clean Water 
Act's (CWA's) National Pollutant Discharge Elimination System program 
requires permits for discharges into MS4s and development of storm 
water management programs. Despite these regulatory requirements, poor 
water quality has been documented in the past at several springs in 
Rock Creek Park (Culver and Sereg 2004, p. 69).
    In the Washington metropolitan area, water quality degradation from 
urban runoff is believed to have affected the Kenk's amphipod's 
Sherrill Drive Spring population (Culver and Sereg 2004, p. 69). 
Sherrill Drive Spring is close (approximately 115 ft (35 m)) to the 
edge of Rock Creek Park where there is an abrupt change from forested 
habitat to an urban landscape along 16th Street Northwest, which 
parallels the park boundary. There is a significant amount of 
impervious cover that routes runoff into the catchment area surrounding 
the Sherrill Drive Spring.
    While there have been no laboratory studies conducted to evaluate 
the effects and tolerance of the Kenk's amphipod or the more common 
Potomac groundwater amphipod to chemical, nutrient, pesticide, or heavy 
metal pollution, we do know from published studies that amphipods may 
be one of the most vulnerable groups of organisms to chemical pollution 
due to their high sensitivity to toxicants and contaminant accumulation 
(Borgmann et al. 1989, p. 756; Brumec-Turc 1989, p. 40). Culver and 
Sereg (2004, pp. 30-31) collected water samples from the East Spring, 
Kennedy Spring, and Sherrill Drive Spring sites on four occasions 
(October 2000, April 2001, July 2001, and March 2003) to measure 
temperature, pH, conductivity, dissolved oxygen, and nitrates. Sediment 
samples surrounding the springs were also collected in September 2001 
at East Spring and Sherrill Drive Spring to analyze metal and organic 
contaminants. From these samples, Sherrill Drive Spring showed evidence 
of water quality degradation via the presence of heavy metals and 
higher nitrate and conductivity levels as

[[Page 67278]]

compared to the other sampled spring sites; East Spring also had 
evidence of heavy metals (see below) (Culver and Sereg 2004, pp. 30-
31).
    Heavy metals were found in sediment samples taken from Sherrill 
Drive Spring and East Spring in Rock Creek Park. Values were similar 
for the two sites, although East Spring had the highest values for all 
heavy metals, with the exception of zinc (Culver and Sereg 2004, p. 
65). Because the spring sediments instead of water samples were 
collected for heavy metal analysis, it is difficult to know whether the 
value of the heavy metals measured in the sediments exceed aquatic life 
standards in water or any published values for freshwater amphipod 
species. Sources of trace metals in an urban environment may include 
vehicles, streets, parking lots, snowpacks, and rooftops (Center for 
Watershed Protection 2003, p. 73).
    Nitrate levels as high as 30.8 milligrams per liter (mg/L) were 
also found at Sherrill Drive Spring. There are no aquatic life 
standards for nitrates issued by the Maryland Department of the 
Environment, the District of Columbia Department of the Environment, or 
the U.S. Environmental Protection Agency (EPA). Therefore, we reviewed 
the best available and relevant guidance values from Minnesota, Canada, 
and New Zealand (Minnesota Pollution Control Agency 2010, p. 9; 
Canadian Council of Ministers of the Environment 2012, p. 1; Hickey and 
Martin 2009, p. 20). Based on the comparison with available guidance, 
the nitrate concentrations collected at Sherrill Drive Spring (up to 
30.8 mg/L) exceeded the chronic aquatic life exposure criterion for 
nitrate (e.g., 2.4 mg/L to 4.9 mg/L) based on Minnesota, New Zealand, 
and Canada guidance values on three of the four sampling events. It is 
not known how typical these concentrations are and if chronic exposure 
is occurring. The source of the nitrate is unknown; nitrate could come 
from runoff containing fertilizers or animal waste or from sanitary 
sewer leaks. There is a sanitary sewer line that runs adjacent to the 
spring, and this sewer line has leaked in the past (Feller 1997, p. 37; 
B. Yeaman, pers. comm., 06/02/2014).
    Chloride levels as high as 207 mg/L were detected at Sherrill Drive 
Spring. Chronic concentrations of chloride as low as 250 mg/L have been 
recognized as harmful to freshwater life (Canadian Council of Ministers 
of the Environment 2011, p. 1; https://www.epa.gov/wqc/national-recommended-water-quality-criteria-aquatic-life-criteria-table, last 
accessed 07/19/2016). Although we do not know the exact source of the 
elevated chloride levels at Sherrill Drive Spring, one potential source 
could be road salt. The Washington metropolitan area receives, on 
average depending on where it was measured and the time series, 
approximately 15 inches of snow annually (https://www.sercc.com/climateinfo/historical/avgsnowfall.html, last accessed August 10, 2016; 
https://www.currentresults.com/Weather/US/washington-dc-snowfall-totals-snow-accumulation-averages.php, last accessed 8/10/2106). The 
District of Columbia Department of Public Works uses road salt and 
other salt products to pre- and post-treat road surfaces before and 
after ice and snowfall events (http://dpw.dc.gov/service/dc-snow-removal, last accessed 8/10/2016). Studies have shown that the 
widespread use of salt to deice roadways has led to regionally elevated 
chloride levels equivalent to 25 percent of the chloride concentration 
in seawater during winter. The chloride levels can remain high 
throughout the summer even in less urbanized watersheds due to long-
term (e.g., decades) accumulation of chloride in ground water (Kaushal 
et al. 2005, pp. 13518-13519).
    At Coquelin Run Spring, ground water pollution from yard chemicals 
and road runoff (e.g., road salts, oil) could be a concern for the 
species' long-term viability. U.S. Geological Survey (USGS) research on 
water quality degradation in other urban areas indicates that chemicals 
enter waterways and ground water primarily through runoff from rain 
events and these chemicals have commonly been detected in streams and 
shallow ground water (USGS 1999a, pp. 1-3; USGS 1999b, p. 1; USGS 2001, 
p. 2; http://pubs.usgs.gov/fs/1998/fs007-98/index.html, last accessed 
07/19/2016). Although no water samples have been taken at the Coquelin 
Run Spring site, it is separated from backyards in this neighborhood by 
a narrow, wooded riparian strip (less than 100 ft) (30 m) that slopes 
steeply down to the site. Therefore, the Coquelin Run Spring may be at 
increased risk of exposure to chemical pollutants from the surrounding 
urban development.
    The other four Washington metropolitan area sites (Burnt Mill 
Spring #6, Holsinger Spring, East Spring, and Kennedy Spring) have 
wider buffers than Sherrill Drive Spring and Coquelin Run Spring, with 
buffer distances ranging from approximately 272 ft (83 m) to 1,000 ft 
(305 m). East Spring and Kennedy Spring had much lower conductivity and 
nitrate levels than Sherrill Drive Spring (Culver and Sereg 2004, pp. 
55-58). Surveys conducted in 2015 and 2016 did not re-confirm the 
Kenk's amphipod at any of these sites but consistently found the more 
common Potomac groundwater amphipod at all the sites in higher numbers 
(e.g., greater than 40 observed at Burnt Mill Spring #6 during 1 
sampling event). As discussed previously, urban runoff can decrease 
biotic richness and favor more pollution-tolerant species in urban 
streams (Center for Watershed Protection 2003, pp. 101-102). If the 
Potomac groundwater amphipod has a higher tolerance than Kenk's 
amphipod to poor water quality parameters, the change in species' 
composition discussed above in the Relative Abundance section and below 
in Factor E--Changes in Species Composition could indicate that urban 
runoff is negatively affecting the Kenk's populations at these spring 
sites. Water quality samples will be collected at these sites in 2016 
and 2017 to better assess whether water quality parameters exceed 
general EPA guidance values for aquatic life.
    The NPS manages the surrounding habitat at the four seepage spring 
sites supporting the Kenk's amphipod in Rock Creek Park. Conservation 
of park resources is mandated by the National Park Service Organic Act 
of 1916, which requires the NPS ``to conserve the scenery and the 
natural and historic objects and the wildlife therein and to provide 
for the enjoyment of the same in such manner and by such means as will 
leave them unimpaired for the enjoyment of future generations.'' It is 
also mandated by section 7 of the Rock Creek Park enabling legislation 
of 1890, which states that ``such regulations shall provide for the 
preservation from injury and spoilation of all timber, animals, or 
curiosities within said park, and their retention in their natural 
condition, as nearly as possible.'' These laws are implemented through 
the NPS's formal management policy that requires that management of 
candidate species should, to the greatest extent possible, parallel the 
management of federally listed species (D. Pavek, pers. comm., 05/12/
2011). While the NPS is utilizing its regulatory authority to manage 
water quality concerns for the species within Rock Creek Park, the 
agency has little influence over the protection of or effects to any 
seep recharge areas occurring outside park boundaries, and over 
maintenance or repair of city-owned infrastructure such as storm water 
and sewer systems located near the spring sites.
    The NPS worked with the District of Columbia Department of 
Transportation (DCDOT) to incorporate the construction of a storm sewer 
under

[[Page 67279]]

Sherrill Drive into the design of the 16th Street road reconstruction 
and storm drainage project (B. Yeaman, pers. comm., 05/19/2015), 
resulting in the elimination of a major outfall at the Sherrill Drive 
Spring site. However, as discussed above, this effort has not 
completely eliminated the documented erosion and poor water quality 
concerns at the site.
    The NPS is communicating with DCDOT on the need to move the 
sanitary sewer line adjacent to the Sherrill Drive Spring out of Rock 
Creek Park and into the neighborhood on the other side of 16th Street. 
If the line cannot be moved, the alternative is to reline the existing 
pipe to prevent further leakage (B. Yeaman, pers. comm., 07/11/2016). 
In addition, the Service, NPS, and the District of Columbia Department 
of the Environment have worked cooperatively to obtain funding for best 
management practices (reducing erosion and increasing infiltration) on 
two tributaries flowing into the drainage of Kennedy Street Spring, 
which supports both the Kenk's amphipod and the federally endangered 
Hay's Spring amphipod. Project funding was approved in January of 2015, 
and implementation, which includes construction of bioretention basins 
and infiltration berms, is to be completed by November 2017.
    In Virginia, poor water quality may not be affecting the species at 
the Fort A.P. Hill because the sites are substantially buffered by 
currently undeveloped property.
    Summary of Water Quality--In total, poor water quality is believed 
to be a significant or contributing stressor at all six of the 
Washington metropolitan area sites (i.e., 60 percent of the total known 
sites). Water quality in this area is expected to worsen due to 
significant runoff events from anticipated increases in both winter and 
spring precipitation and the frequency of high intensity storms. See 
Factor A--Excessive Storm Water Flows and Factor E--Effects of Climate 
Change sections below for more details.

Excessive Storm Water Flows

    Runoff from impervious surfaces after heavy rain events can result 
in flooding (Frazer 2005, p. 4; http://www.nbcwashington.com/traffic/transit/Metro-Station-Flooding-Nearby-Parking-Lot-Expansion-Could-Be-Part-of-Cause-384015451.html; last accessed 06/24/16). Flash flooding 
can also result in erosion and sedimentation (Center for Center for 
Watershed Protection 2003, pp. 30-33), which, if it occurs in the 
catchment area, can subsequently degrade a spring site's value as 
habitat for the Kenk's amphipod.
    In the Washington metropolitan area, excessive storm water flows 
are causing significant habitat degradation at two sites--Sherrill 
Drive Spring and Coquelin Run Spring. A washout at Sherrill Drive 
Spring from 16th Street was observed in 2016 making it difficult to 
find a seep to survey (D. Feller, pers. comm., 06/15/2016). Coquelin 
Run Spring is severely degraded by runoff from the surrounding Chevy 
Chase Lake Subdivision, where severe erosion was first observed at this 
site in 2006 (D. Feller, pers. comm., 07/01/2016). When the site was 
first re-surveyed in 2016, a plastic underground pipe several inches in 
diameter was observed less than 1 ft (0.3 m) from the original seep (D. 
Feller, pers. comm., 02/27/2016; D. Feller, pers. comm., 05/27/2016), 
which may have been an attempt to address water flow and erosion at the 
site. Erosion was still evident during the 2016 surveys and it was 
difficult for MDDNR to find a flowing seep (D. Feller, pers. comm., 02/
27/2016). A small flow was observed in May 2016, but was located 
several feet above the original seep documented in 2006. Plastic sheet 
material was also observed under this uphill seep (D. Feller, pers. 
comm., 05/25/2016), which may have been an attempt to address water 
flow and erosion at the site. It is unknown what affect the pipe or 
plastic may have on the long-term hydrology of the site.
    Erosion from storm water flows has also been observed at the other 
four springs in Rock Creek Park, but not to the extent that it has been 
observed at Sherrill Drive and Coquelin Run springs. It is unknown how 
much chronic or acute erosion and sedimentation causes a site to become 
unsuitable for the Kenk's amphipod; however, Culver and Sereg (2004, p. 
69) found that sediment transported by storm runoff results in the 
degradation of ground water animals' habitat by clogging the 
interstices of gravels in the spring seep, thereby preventing the 
species from using those interstitial spaces for shelter. It is 
uncertain to what extent Kenk's amphipod uses those interstitial 
spaces, but if they do, then it is plausible that this type of 
sedimentation would cause the habitat to become unsuitable for the 
species.
    At the Virginia sites, we have no information indicating excessive 
storm water flows may affect the species.
    Summary of Excessive Storm Water Flows--Excessive storm water flows 
are a concern at 60 percent (6 of 10) of the species' sites.

Sewer Line Breaks and Spills

    The same riparian areas that contain the habitats of the Kenk's 
amphipod are among the principal areas where sewer lines are located in 
the Washington metropolitan area (Feller 2005, p. 2). Most of these 
sewer lines are old (most installed between 1900 and 1930 in the 
District of Columbia, and between 1941 and 1971 in Montgomery County, 
MD) and subject to periodic breakage and leakage (Shaver 2011, entire; 
Kiely 2013, entire). While there have been no laboratory or field 
studies evaluating the effect of sewage leaks or spills on the Kenk's 
amphipod or the Potomac groundwater amphipod, adverse effects of sewage 
contamination on amphipods and other invertebrates have been documented 
by several researchers. For instance, Simon and Buikema (1977, entire) 
studied a karst ground water system and found that amphipods were 
absent from ground water pools polluted by septic system effluent. The 
authors reported that the highest densities of Virginia cave isopods 
were found in pools that were slightly and moderately polluted from 
septic systems, whereas an amphipod, Stygobromus makini (southwestern 
Virginia cave amphipod), was absent from all polluted pools. de-la-
Ossa-Carretero et al. (2012, p. 137) stated that, as an Order, 
amphipods were generally sensitive to sewage pollution, but that there 
are substantial differences in sensitivity between amphipod species 
(de-La-Ossa-Carretero et al. 2012, p. 129).
    Releases of large volumes of sewage (up to 2 million gallons (gal)) 
from sanitary sewer leaks have occurred in the District of Columbia and 
Montgomery County, MD. Distances of seep sites to nearby upslope sewer 
lines are shown in table 2 below. Based on these distances, Coquelin 
Run Spring, Burnt Mill Spring #6, and Sherrill Drive Spring are most 
vulnerable to sewage spills (see table 2 below). As mentioned above, a 
sanitary sewer line located nearby Sherrill Drive Spring has been 
described as structurally unsound and is subject to leakage (Feller 
1997, p. 37; B. Yeaman, pers. comm., 06/02/2014; B. Yeaman, pers. 
comm., 02/24/15).
    Over the 10-year period from 2005 through 2015, the Washington 
Suburban Sanitary Commission (WSSC) has documented approximately 38 
leaks of more than 1,000 gal in the Rock Creek drainage and 15 leaks of 
more than 1,000 gal in the Northwest Branch in Montgomery County. 
During the same period there were 136 leaks of more than 100 gal in the 
Rock Creek drainage and 51 leaks of more than 100 gal in the

[[Page 67280]]

Northwest Branch in Montgomery County (WSSC 2015). The District of 
Columbia does not have such detailed records, but the District of 
Columbia Water Chief Executive Officer has stated that half the 
District's 1,800 mi (2,896 km) of sewer lines are at least 84 years old 
and has estimated that faulty pipes result in two dozen sewer spills 
every year (Olivio 2015). The frequency of spills is likely to increase 
in the future as the sewer lines continue to age.

                                               Table 2--Sewer and Water Lines Near Kenk's Amphipod Springs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                           Distance from
            Site name                    Location              Pipe type         Diameter in      Year installed        Pipe material     spring in feet
                                                                                 inches ('')                                                    (')
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sherrill Drive Spring............  Rock Creek Park.....  Sanitary Sewer......              12  1924................  unknown............              10
Sherrill Drive Spring............  Rock Creek Park.....  Sanitary Sewer......              12  1926................  unknown............             200
Sherrill Drive Spring............  Rock Creek Park.....  Storm Sewer.........              30  1958................  unknown............              30
Sherrill Drive Spring............  Rock Creek Park.....  Storm Sewer.........              24  1933................  unknown............              60
Sherrill Drive Spring............  Rock Creek Park.....  Storm Sewer.........              15  1949................  unknown............             120
Sherrill Drive Spring............  Rock Creek Park.....  Water Transmission                30  1955................  PCCP Lined Cylinder             130
                                                          Main.
Sherrill Drive Spring............  Rock Creek Park.....  Water Distribution                12  1919................  cast iron..........             155
                                                          Main.
East Spring......................  Rock Creek Park.....  Storm Sewer.........              18  unknown.............  unknown............             475
East Spring......................  Rock Creek Park.....  Sanitary Sewer......              10  1925................  unknown............             658
East Spring......................  Rock Creek Park.....  Sanitary Sewer......              10  1911................  unknown............             750
East Spring......................  Rock Creek Park.....  Water Distribution                 6  1921................  cast iron..........             560
                                                          Main.
East Spring......................  Rock Creek Park.....  Water Distribution                 8  1911................  cast iron..........             740
                                                          Main.
Kennedy Street Spring............  Rock Creek Park.....  Sanitary Sewer......              10  1911................  unknown............             900
Kennedy Street Spring............  Rock Creek Park.....  Storm Sewer.........              21  1931................  unknown............            1300
Kennedy Street Spring............  Rock Creek Park.....  Sanitary Sewer......              10  1911................  unknown............            1350
Kennedy Street Spring............  Rock Creek Park.....  Water Distribution                 8  1911................  cast iron..........             860
                                                          Main.
Kennedy Street Spring............  Rock Creek Park.....  Water Distribution                 8  1912................  cast iron..........            1357
                                                          Main.
Coquelin Run Spring..............  Montgomery County,    Gravity sewer pipe..               8  1954................  unknown............             220
                                    MD.
Coquelin Run Spring..............  Montgomery County,    Water pipe..........               8  1954 (lined 1995)...  cast iron or sand               205
                                    MD.                                                                               spun.
Coquelin Run Spring..............  Montgomery County,    Water pipe..........               4  unknown.............  ductile iron.......             213
                                    MD.
Coquelin Run Spring..............  Montgomery County,    Water pipe..........               8  1954 (lined 1995)...  cast iron or sand               232
                                    MD.                                                                               spun.
Burnt Mill Spring #6.............  Montgomery County,    Gravity sewer pipe..               6  unknown.............  cast iron..........             186
                                    MD.
Burnt Mill Spring #6.............  Montgomery County,    Gravity sewer pipe..               8  unknown.............  unknown............             383
                                    MD.
Burnt Mill Spring #6.............  Montgomery County,    Water pipe..........               6  1959................  cast iron or sand               394
                                    MD.                                                                               spun.
Holsinger Spring.................  Rock Creek Park.....  Storm Sewer.........              36  1931................  unknown............            1875
Holsinger Spring.................  Rock Creek Park.....  Sanitary Sewer......              18  1908................  unknown............            1925
Holsinger Spring.................  Rock Creek Park.....  Water Distribution                 6  1898................  cast iron..........            1885
                                                          Main.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    At the Virginia sites, we have no information indicating sewer 
pipelines may affect the species.
    Summary of Sewer Line Spills--In total, sewer line breaks and 
spills are a concern at 30 percent (3 of 10) of the species' sites.

Water Pipe Breaks

    Bursting of large-diameter water pipes can cause significant 
erosion of surrounding areas as a result of the large volume of fast-
moving water that exits the pipe at the break point. Bursting water 
pipes and the resulting erosion has been documented within the 
Washington metropolitan area, including at areas near but not directly 
at a specific Kenk's amphipod seep site. For example, a 60-in (152.4-
cm) water main broke at the Connecticut Avenue crossing of Coquelin Run 
in 2013, releasing 60 million gal of water and scouring out a 500-ft 
(152.4-m) length of the creek (Dudley et al. 2013, entire). The 
Coquelin Run Spring site is on a small tributary that flows into 
Coquelin Run, about a quarter mile downstream of the aforementioned 
severely damaged section of the creek bed and, due to its elevation 
above Coquelin Run, was not affected by the flood and subsequent 
erosion caused by this burst pipe.
    The exposure risk of bursting water pipes at locations that could 
affect Kenk's amphipod sites is increasing given the age of the water 
pipe infrastructure (see table 2 above). As an example, there is one 
very-large-diameter (30-in (76-cm)) water pipe within 130 ft (39.6 m) 
of Sherrill Drive Spring that was installed more than 60 years ago. The 
significant erosion resulting from a large break, should the break 
occur near Kenk's amphipod habitat, could eliminate the seep and all 
associated amphipods.

[[Page 67281]]

    The best available data indicate that there are smaller pipes near 
three of the sites (Sherrill Drive Spring, Burnt Mill #6 Spring, 
Coquelin Run Spring) (WSSC GIS Web site, http://gisweb.wsscwater.com/WERI/Account/Login?ReturnUrl=%2fweri, last accessed 12/21/2015) (see 
table 2 above). Although less likely to eliminate habitat of springs, 
breakage of smaller pipes (less than 1 ft (0.3 m) in diameter) is even 
more frequent (Water Research Foundation 2016, p. 2) and still may 
result in erosion or sedimentation at the spring site. Coquelin Run 
Spring is within 250 ft of a 6- to 8-in (15- to 20-cm) water pipe 
installed in 1954 (WSSC GIS Web site). Given the overall age of the 
infrastructure and the District of Columbia and Maryland utilities' 
inability to keep up with the needed replacements (Shaver 2011, entire; 
Kiely 2013, entire), additional breaks are predicted to occur.
    At the Virginia sites, we have no information indicating water 
pipeline breaks may affect the species.
    Summary of Water Pipe Breaks--In total, large water pipeline breaks 
are a concern at 10 percent (1 of 10) of the species' sites, while 
smaller water pipeline breaks are a concern for 30 percent (3 of 10) of 
the sites.

Other Habitat Considerations

    Compared to the stressors to the Kenk's amphipod habitat in the 
Washington metropolitan area, the stressors to the species' habitat at 
Fort A.P. Hill are likely minimal. Little or no development is expected 
to occur near the spring sites (J. Applegate, pers. comm., 05/5/2016). 
However, military training exercises may be conducted in areas 
surrounding the springs, which may result in disturbance of the spring 
recharge areas. Live-fire exercises may result in uncontrolled burns 
that reduce canopy cover that shades the seep sites, moderates water 
temperature, and provides leaf litter for food. Timber harvests and 
other forest management activities such as timber stand improvement, 
prescribed burns, and possible pesticide application for forest-
destroying pests such as gypsy moths may occur in the general vicinity 
of the springs (Fort A.P. Hill 2016, pp. 751-754). Fort A.P. Hill has 
included a 100-ft (30.5-m) buffer around the springs in the 
installation's Integrated Natural Resources Management Plan (INRMP) 
(2016, pp. 9-22), but it is unknown whether this buffer distance is 
sufficient to protect the sites and recharge areas from all of the 
activities (e.g., forest management, live-fire exercises) outlined in 
the INRMP. However, staff at Fort A.P. Hill have indicated a 
willingness to work with the Service to delineate recharge areas based 
on topography, and, if needed, institute more protective buffers (J. 
Applegate, pers. comm., 06/15/2016).
    Summary of Factor A--Habitat modification, in the form of degraded 
water quality and quantity, is one of the primary drivers affecting 
Kenk's amphipod viability, despite the discussed ongoing conservation 
measures. Reductions in water quality are occurring primarily as a 
result of urbanization, which increases the amount of impervious cover 
in the watersheds surrounding Kenk's amphipod sites. Impervious cover 
increases storm water flow velocities and increases erosion and 
sedimentation. Impervious cover can also increase the transport of 
contaminants and nutrients common in urban environments, such as heavy 
metals (zinc, cadmium), nitrogen, phosphorus, and fecal coliform 
bacteria. The Washington metropolitan area sites have narrow riparian 
buffers separating them from the surrounding development, increasing 
the sites' exposure to poor water quality runoff. Poor water quality 
has been documented at Sherrill Drive Spring but is likely affecting 
all six sites in the Washington metropolitan area, whereas the Virginia 
sites are not thought to be affected by poor water quality because of 
the larger forested buffers on Fort A.P. Hill.
    Excessive storm water runoff from heavy rain events can result in 
flooding, which can cause erosion and sedimentation. Habitat 
degradation due to excessive storm water flows is having significant 
effects at two sites--Sherrill Drive Spring and Coquelin Run Spring--
but has also been observed at the other four springs in Rock Creek 
Park, and may increase in the future. At the Virginia sites, we have no 
information indicating excessive storm water flows may affect the 
species.
    Sewer and water line breaks and leaks are a concern at the 
Washington metropolitan area sites because most of them are located in 
the same riparian areas that contain the habitats of the Kenk's 
amphipod. While leaks and breaks of these pipelines have not yet been 
known to directly affect the species or its habitat, the pipeline 
systems are subjected to chronic leaks and breaks, the frequency of 
which is likely to increase given the age of the infrastructure, and 
thus the exposure risk of the species to this stressor will continue to 
increase. Coquelin Run Spring, Burnt Mill Spring #6, and Sherrill Drive 
Spring are most vulnerable to sewage spills and water pipe breaks due 
to the pipe's proximity to each site and the age of the pipes. At the 
Virginia sites, we have no information indicating sewer or water 
pipeline breaks may affect the species.
    Potential stressors to Kenk's amphipod habitat are lesser in scope 
and severity at Fort A.P. Hill, as opposed to the Washington 
metropolitan area habitat, and are associated with disturbance to the 
surface habitat.

                      Table 3--Relative Vulnerability of Kenk's Amphipod Seep Habitat Sites
----------------------------------------------------------------------------------------------------------------
                                                                                       Current biological status
             Site name                     Location            Current seep status       of the Kenk's amphipod
----------------------------------------------------------------------------------------------------------------
Sherrill Drive Spring.............  Rock Creek Park,       Approximately 50' to road,  Extirpated? Not found in
                                     Washington, DC.        documented decrease in      recent surveys. No other
                                                            water quality (chemical     Stygobromus present.
                                                            and sedimentation),         Last detected 2001 (8
                                                            within 10' of 1924 sewer    surveys since and none
                                                            pipe and 130' of 1955       found).
                                                            30'' water pipe.
East Spring.......................  Rock Creek Park,       Approximately 300-500'      Unknown. Not found in
                                     Washington, DC.        buffer of protected         recent surveys but other
                                                            forest, within 560' of 6-   Stygobromus present.
                                                            8'' 1921 water pipe.        Last detected 2001 (7
                                                                                        surveys in 2015-2016 and
                                                                                        none found).
Kennedy Street Spring.............  Rock Creek Park,       Approximately 500' buffer   Unknown. Not found in
                                     Washington, DC.        of protected forest,        recent surveys but other
                                                            within 860' of 6-8'' 1911   Stygobromus present.
                                                            water pipe.                 Last detected 2001 (5
                                                                                        surveys since and none
                                                                                        found).
Holsinger Spring..................  Rock Creek Park,       Approximately 700-1,000'    Historical? Not
                                     Washington, DC.        buffer of protected         documented since 1967. 1
                                                            forest.                     survey in 2003 and 3
                                                                                        surveys in 2015 and none
                                                                                        found.
Burnt Mill Spring #6..............  Northwest Branch       In county park protected    Unknown. Not found in
                                     Park, Montgomery       from further development,   recent surveys but other
                                     County, MD.            within 186' of unknown      Stygobromus present.
                                                            age sewer pipe and 394'     Last detected in 2005
                                                            of 6-8'' 1959 water pipe.   (10 surveys since and
                                                                                        none found).

[[Page 67282]]

 
Coquelin Run Spring...............  Private land,          Erosion problems are        Present in upslope
                                     Montgomery County,     already apparent, site      portion of seep (1
                                     MD.                    has been modified with a    individual found in last
                                                            plastic pipe and plastic    survey); lower portion
                                                            material, and riparian      has some erosion and
                                                            forest is very narrow,      species absent in recent
                                                            within 220' of 1952 sewer   surveys (3 surveys and
                                                            pipe and 250' of 6-8''      none found).
                                                            1954 water pipe.
Fort A.P. Hill....................  Department of          Good habitat quality,       Recently discovered. 1
(4 seeps).........................   Defense, Caroline      sites unaffected by         individual each found at
                                     County, VA.            urbanization. Military      Upper Mill 2, Mill 4,
                                                            exercises and forest        and Mount 2; 4
                                                            management could affect     individuals found at
                                                            surface habitat if          Mill 5.
                                                            protective areas
                                                            encompassing the recharge
                                                            area are not established
                                                            and implemented.
----------------------------------------------------------------------------------------------------------------

Factor B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    Overutilization is not known to be a factor affecting the Kenk's 
amphipod. The Kenk's amphipod is a Maryland State endangered species 
under its Nongame and Endangered Species Conservation Act (Section 10-
2A-01-09 of the Maryland Code). This designation makes ``taking, 
possession, transportation, exportation, processing, sale, offer for 
sale, or shipment within the State'' of a State-listed species 
unlawful. Kenk's amphipod is considered a species of greatest 
conservation need in the District of Columbia's State Wildlife Action 
Plan (http://doee.dc.gov/sites/default/files/dc/sites/ddoe/service_content/attachments/03%202015%20WildlifeActionPlan%20%20Ch2%20SGCN.pdf; last accessed 8/10/
2016), but this status does not confer any regulatory protection; the 
species is not State-listed in Virginia.
    Distribution surveys for the species are coordinated with the 
Service and, where required, collection is permitted through the 
Service, NPS, and the MDDNR. Whether specifically permitted or not, all 
amphipod surveys are conducted using consistent methodology and 
collection protocols. The target species of Stygobromus is collected 
based on size, and the number of individuals collected at each spring 
has been limited to 10 or fewer individuals in the target species' size 
range. However, the Service has allowed larger numbers to be collected 
during 2016 surveys in the Washington metropolitan area since none of 
the specimens of appropriate size collected in the 2015 surveys have 
been identified to be Kenk's amphipod. These protocols are followed to 
minimize effects to the species. Because the occurrence of subterranean 
invertebrates at spring emergence sites likely represents only a 
portion of the actual underground population, the Service has 
considered the collecting procedures (Feller 1997, p. 2) to be 
nondetrimental to the populations.

Factor C. Disease or Predation

    We have no information that indicates that either disease or 
predation is affecting the Kenk's amphipod.

Factor D. The Inadequacy of Existing Regulatory Mechanisms

    The following existing regulatory mechanisms were specifically 
considered and discussed as they relate to the stressors, under the 
applicable Factors, affecting the Kenk's amphipod: The CWA's National 
Pollutant Discharge Elimination System, Rock Creek Park enabling 
legislation of 1890, and National Park Service Organic Act of 1916 
(Factor A) and Nongame and Endangered Species Conservation Act (Factor 
B). In Factor A we conclude that habitat modification, in the form of 
degraded water quality and quantity, is one of the primary drivers 
affecting Kenk's amphipod viability. In Factor B we conclude that 
overutilization is not known to be affecting the species. There are no 
existing regulatory mechanisms to address the stressors affecting the 
species under Factor E (see below).

Factor E. Other Natural or Manmade Factors Affecting Its Continued 
Existence

Small Population Dynamics

    The observed small size of each of the 10 Kenk's amphipod 
populations makes each one vulnerable to natural environmental 
stochasticity and human-caused habitat disturbance, including 
relatively minor impacts in their spring recharge areas. Each 
population is also vulnerable to demographic stochasticity, including 
loss of genetic variability and adaptive capacity. Unless the 
populations are larger than we know or are hydrologically connected 
such that individuals can move between sites, we conclude that these 
small populations are vulnerable to the effects of small population 
dynamics.
    Species that are restricted in range and population size are more 
likely to suffer loss of genetic diversity due to genetic drift, 
potentially increasing their susceptibility to inbreeding depression, 
and reducing the fitness of individuals (Soule 1980, pp. 157-158; 
Hunter 2002, pp. 162-163; Allendorf and Luikart 2007, pp. 117-146). 
Small population sizes and inhibited gene flow between populations may 
increase the likelihood of local extirpation (Gilpin and Soul[eacute] 
1986, pp. 32-34). With the exception for the Mount Creek #2 and Mount 
Creek #5 populations at Fort A.P. Hill, which are separated by only 
approximately 360 ft (110 m), all the other populations of the Kenk's 
amphipod are isolated from other existing populations and known 
historical habitats by long distances, inhospitable upland habitat, and 
terrain that creates barriers to amphipod movement. The level of 
isolation and the restricted range seen in this species, based on our 
current knowledge of known habitat, make natural repopulation of 
historical habitats (e.g., the District of Columbia sites and Burnt 
Mill Spring #6 where the species' presence has not been recently 
confirmed) and other potentially suitable habitat virtually impossible 
without human intervention.

Effects of Climate Change

    Climate change may result in changes in the amount and timing of 
precipitation, the frequency and intensity of storms, and air 
temperatures. All of these changes could affect the Kenk's amphipod and 
its habitat. The amount and timing of precipitation influence spring 
flow, which is an important feature of the habitat of this groundwater 
species. Also, the frequency and intensity of storms affects the 
frequency, duration, and intensity of runoff events, and runoff 
transport of sediment and contaminants (see Factor A above) into 
catchment areas of Kenk's amphipod sites, especially in the Washington 
metropolitan area, where there is a substantial amount of impervious 
cover in close proximity to the habitat. Below we discuss the best 
available climate predictions for the areas supporting the Kenk's 
amphipod.

[[Page 67283]]

    The 2014 National Climate Assessment (Melillo et al. 2014, entire) 
predicts increasing ambient temperatures, increasing winter and spring 
precipitation, increasing frequency of heavy downpours, and increasing 
summer and fall drought risk as higher temperatures lead to greater 
evaporation and earlier winter and spring snowmelt (Horton et al. 2014, 
p. 374 In Melillo et al. 2014). These droughts may result in the drying 
up of springs and mortality of the Kenk's amphipod, while the increase 
in heavy downpours will likely result in increased runoff and resulting 
erosion of surface features at spring sites, based on previously 
documented events. The 2014 National Climate Assessment further 
indicates that overall warming in the Northeast, including Maryland and 
the District of Columbia, but not Virginia, will be from 3 to 10 
degrees Fahrenheit ([deg]F) (1.7 to 5.6 degrees Celsius ([deg]C)) by 
the 2080s (Horton et al. 2014, p. 374 In Melillo et al. 2014).
    Data specific to the District of Columbia from NOAA's National 
Climate Data Center (http://www.ncdc.noaa.gov/cag/time-series/us/49/USW00093738/tavg/1/5/1895-2016?base_prd=true&firstbaseyear=1901&lastbaseyear=2000&trend=true&trend_base=10&firsttrendyear=1895&lasttrendyear=2016, last accessed 07/20/
2016) shows that the average annual air temperature in the District of 
Columbia area has already increased by approximately 3[emsp14][deg]F 
(1.7 [deg]C) from 1960, the decade corresponding to the first Kenk's 
amphipod surveys, to 2015. This higher rate of change in the District 
of Columbia area may be due to the urban heat island effect (Oke 1995, 
p. 187), which is an increase in ambient temperature due to heating of 
impervious surfaces. This activity also results in an increase in 
temperature of rainwater that falls on heat-absorbing roads and parking 
lots. A sudden thunderstorm striking a parking lot that has been 
sitting in hot sunshine can easily result in a 10[emsp14][deg]F (5.6 
[deg]C) increase in the rainfall temperature. Menke et al. (2010, pp. 
147-148) showed that these temporary increases in temperature of storm 
water can still result in a shift in the biotic community composition 
and even accelerate changes in species distributions. Based on the work 
of Menberg et al. (2014, entire), we expect these changes in air 
temperature to be reflected in the temperature of the shallow ground 
water within a few years, but at a lower magnitude. While we do not 
have specific temperature tolerance information for the Kenk's 
amphipod, there are studies of other amphipod species that indicate 
sensitivity to elevated temperatures, exhibited by reduced or 
eliminated egg survival at water temperatures above 75[emsp14][deg]F 
(24 [deg]C) to 79[emsp14][deg]F (26 [deg]C) (Pockl and Humpesch 1990, 
pp. 445-449).
    In summary, it is highly probable that by the 2080s some increase 
in ground water temperatures will occur at sites occupied by the Kenk's 
amphipod, but the magnitude and significance of these changes is 
difficult to predict.

Change in Species Composition

    At most of the Washington metropolitan area sites supporting the 
Kenk's amphipod, numbers of the Potomac groundwater amphipod, which is 
the most widely distributed and abundant Stygobromus species in the 
lower Potomac drainage (Kavanaugh 2009, p. 6), have increased as 
numbers of observed Kenk's amphipod have declined (D. Feller, pers. 
comm., 03/16/2016; D. Feller, pers. comm., 04/22/2016). The exact cause 
of this change is not known, but it may be an indication that some 
stressor has led to a competitive advantage for the Potomac groundwater 
amphipod (Culver et al. 2012, p. 29). Other than at Coquelin Run 
Spring, there are no obvious physical changes at these sites indicating 
a cause for the decline. However, as described above in Factor A, 
impaired water quality could favor a more common species over a rare 
species. Culver and Sereg (2004, pp. 72-73) indicated that there is a 
possibility that the Kenk's amphipod is a poor competitor with other 
Stygobromus species, which may be a factor promoting the Kenk's 
amphipod's natural rarity, and that in cave locations Stygobromus 
species strongly compete with each other. While the Kenk's amphipod may 
have always been naturally rare, we conclude that the species may be 
getting rarer due to the stressors discussed above.
    Summary of Factor E--Small population size at all of the sites 
makes each one of them vulnerable to natural environmental 
stochasticity and human-caused habitat disturbance, including 
relatively minor impacts in their spring recharge areas. The small size 
and isolation of sites also make each population vulnerable to 
demographic stochasticity, including loss of genetic variability and 
adaptive capacity.
    The best available climate data indicate that the areas supporting 
the Kenk's amphipod will see increasing ambient temperatures, 
increasing winter and spring precipitation, increasing frequency of 
heavy downpours, and increasing summer and fall drought risk as higher 
temperatures lead to greater evaporation and earlier winter and spring 
snowmelt. Droughts could result in drying up of spring sites, while the 
increase in heavy downpours could result in erosion and sedimentation 
of sites. Ambient air temperature has increased by 3 [deg]F (1.7 
[deg]C) since 1960, and is expected to increase by 10[emsp14][deg]F 
(5.6 [deg]C) by the 2080s. It is highly probable that by the 2080s some 
increase in ground water temperatures will occur at sites occupied by 
the Kenk's amphipod, but the magnitude and significance of these 
changes is difficult to predict.

Cumulative Effects

    Many of the factors discussed above are cumulatively and 
synergistically affecting the Kenk's amphipod. For example, Kenk's 
amphipod habitat can be degraded by storm water runoff, which is likely 
to increase with more frequent and intense storms and precipitation 
levels in the future. Species with larger populations are naturally 
more resilient to the stressors affecting individuals or local 
occurrences, while smaller populations or individuals are more 
susceptible to demographic or stochastic events. Below we discuss the 
Kenk's amphipod's viability as expressed through the conservation 
biology principles of representation, redundancy, and resiliency, which 
illustrate how the cumulative and synergistic effects are affecting the 
species as a whole.
    Redundancy--The species has some redundancy given its known 
distribution is 10 sites across 3 municipal jurisdictions and multiple 
streams. For example, the isolation of the two Montgomery County, MD, 
populations from other Washington metropolitan area populations and 
their occurrence along different tributary streams make it unlikely 
that a single catastrophic adverse event (e.g., a spill) will eliminate 
more than one occurrence at a time. In addition, the Virginia sites 
occur in two stream areas, Mill Creek and Mount Creek, making it 
unlikely that a single military training event or other catastrophic 
event will eliminate more than one occurrence at a time.
    Representation--Based on the information about historical changes 
to the landscape across the Washington metropolitan area, we conclude 
it is likely that the species' historical distribution was larger than 
the current distribution; therefore, the species may have previously 
experienced a significant loss in representation. Also, because we do 
not yet have any information on the genetics of these populations, we 
cannot determine

[[Page 67284]]

whether the species possesses a single genetic identity or has genetic 
variability across populations. Therefore, we conclude that the 
species' representation has likely been reduced, and may currently be 
limited.
    Resiliency--Given the range of the species, the small number of 
seeps and individuals at those seeps, and each seep's vulnerability to 
stressors, the Kenk's amphipod's overall resiliency is low. Based on 
the best available data, we conclude that the stressors to the species 
are not decreasing and, in most cases, are expected to increase in the 
future. Furthermore, the small size of each of the 10 habitat areas 
makes each population vulnerable to natural environmental stochasticity 
and human-caused habitat disturbance, including relatively minor 
effects in the spring recharge area. As a result of habitat 
fragmentation/isolation there is a lack of connectivity and genetic 
exchange between populations and, we assume, a lack of ability to 
recolonize extirpated sites, leading to an overall reduced resiliency 
for the species.

Determination

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations in title 50 of the Code of Federal Regulations at 50 CFR 
part 424, set forth the procedures for adding species to the Federal 
Lists of Endangered and Threatened Wildlife and Plants. Under section 
4(a)(1) of the Act, we may list a species based on (A) The present or 
threatened destruction, modification, or curtailment of its habitat or 
range; (B) Overutilization for commercial, recreational, scientific, or 
educational purposes; (C) Disease or predation; (D) The inadequacy of 
existing regulatory mechanisms; or (E) Other natural or manmade factors 
affecting its continued existence. Listing actions may be warranted 
based on any of the above threat factors, singly or in combination.
    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future stressors 
to the Kenk's amphipod and find that several of those stressors rise to 
the level of threats to the species as a whole. Habitat loss and 
degradation (Factor A) from poor water quality parameters associated 
with urban runoff in Maryland and the District of Columbia has 
decreased water quality and increased erosion and sedimentation at 
several shallow ground water habitat sites. These parameters are likely 
to be exacerbated in the future by the increasing risk of exposure to 
breaks and leaks from the aging sewer and water pipe infrastructure 
(Factor A), as well as more frequent and intense rainfall events, due 
to the effects of climate change (Factor E). In addition, all 10 sites 
are characterized by small numbers of the Kenk's amphipod that appear 
to be declining and affected by the inherent vulnerabilities associated 
with small population dynamics (Factor E). Overutilization (Factor B), 
disease (Factor C), and predation (Factor C) are not considered threats 
to the Kenk's amphipod. The existing regulatory mechanisms (Factor D) 
for the stressors and threats affecting the species have been evaluated 
under Factors A, B, and E. While the Kenk's amphipod has some 
redundancy and representation, the resiliency of each individual site 
is compromised, making the species' overall resiliency low.
    The Act defines an endangered species as any species that is ``in 
danger of extinction throughout all or a significant portion of its 
range'' and a threatened species as any species ``that is likely to 
become endangered throughout all or a significant portion of its range 
within the foreseeable future.'' We find that the Kenk's amphipod is 
presently in danger of extinction throughout its entire range based on 
the severity and immediacy of threats currently affecting the species. 
The best available data indicate that, while the species may have 
always been represented by small numbers of individuals found at the 
surface of each seep site, the species' abundance appears to be 
declining. In addition, each of the 10 known seep sites are vulnerable 
to varying levels of stressors and threats: 1 Seep (Sherrill Drive 
Spring), based on repeated negative survey results combined with 
documented poor water quality, may be extirpated, and another seep 
(Coquelin Run Spring) has visible erosion and sedimentation. The Kenk's 
amphipod has some redundancy and representation, but those two 
conservation parameters are compromised due to each site's low 
resiliency, all of which makes the species' overall resiliency low. The 
primary drivers affecting the species' viability (water quality and 
habitat degradation and small population dynamics) are difficult to 
manage because either they are caused by factors outside the control of 
the landowner's jurisdiction (e.g., poor water quality or risk of 
sewer/water line spills at NPS-controlled sites) or there are no 
apparent management actions to minimize or control them (e.g., small 
population dynamics), and some of those threats and additional 
stressors are likely to increase in the future.
    Therefore, on the basis of the best available scientific and 
commercial information, we propose listing the Kenk's amphipod as 
endangered in accordance with sections 3(6) and 4(a)(1) of the Act. We 
find that a threatened species status is not appropriate for the Kenk's 
amphipod based on the high magnitude and imminence of the threats 
across the species' range. If additional Kenk's amphipod sites are 
found and those sites are individually resilient and add to the 
species' overall representation, redundancy, and resiliency, then a 
threatened species status may be appropriate at that time.
    Under the Act and our implementing regulations, a species may 
warrant listing if it is endangered or threatened throughout all or a 
significant portion of its range. Because we have determined that the 
Kenk's amphipod is an endangered species throughout all of its range, 
no portion of its range can be ``significant'' for purposes of the 
definitions of ``endangered species'' and ``threatened species.'' See 
the Final Policy on Interpretation of the Phrase ``Significant Portion 
of Its Range'' in the Endangered Species Act's Definitions of 
``Endangered Species'' and ``Threatened Species'' (79 FR 37578; July 1, 
2014).

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened species under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition, through listing, results in public awareness 
and conservation by Federal, State, Tribal, and local agencies, private 
organizations, and individuals. The Act encourages cooperation with the 
States and other countries and calls for recovery actions to be carried 
out for listed species. The protection required by Federal agencies and 
the prohibitions against certain activities are discussed, in part, 
below.
    The primary purpose of the Act is the conservation of endangered 
and threatened species and the ecosystems upon which they depend. The 
ultimate goal of such conservation efforts is the recovery of these 
listed species, so that they no longer need the protective measures of 
the Act. Subsection 4(f) of the Act calls for the Service to develop 
and implement recovery plans for the conservation of endangered and 
threatened species. The recovery planning process involves the 
identification of actions that are necessary to halt or reverse the 
species' decline by addressing the threats to its survival and 
recovery. The goal of this process is to restore listed species to a 
point where they are secure, self-

[[Page 67285]]

sustaining, and functioning components of their ecosystems.
    Recovery planning includes the development of a recovery outline 
shortly after a species is listed and preparation of a draft and final 
recovery plan. The recovery outline guides the immediate implementation 
of urgent recovery actions and describes the process to be used to 
develop a recovery plan. Revisions of the plan may be done to address 
continuing or new threats to the species, as new substantive 
information becomes available. The recovery plan also identifies 
recovery criteria for review of when a species may be ready for 
downlisting or delisting, and methods for monitoring recovery progress. 
Recovery plans also establish a framework for agencies to coordinate 
their recovery efforts and provide estimates of the cost of 
implementing recovery tasks. Recovery teams (composed of species 
experts, Federal and State agencies, nongovernmental organizations, and 
stakeholders) are often established to develop recovery plans. When 
completed, the recovery outline, draft recovery plan, and the final 
recovery plan will be available on our Web site (http://www.fws.gov/endangered), or from our Chesapeake Bay Field Office (see FOR FURTHER 
INFORMATION CONTACT).
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States, Tribes, nongovernmental organizations, businesses, 
and private landowners. Examples of recovery actions include habitat 
restoration (e.g., restoration of native vegetation), research, captive 
propagation and reintroduction, and outreach and education. The 
recovery of many listed species cannot be accomplished solely on 
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires 
cooperative conservation efforts on private, State, and Tribal lands. 
If this species is listed, funding for recovery actions will be 
available from a variety of sources, including Federal budgets, State 
programs, and cost share grants for non-Federal landowners, the 
academic community, and nongovernmental organizations. In addition, 
pursuant to section 6 of the Act, the State of Maryland, Commonwealth 
of Virginia, and the District of Columbia would be eligible for Federal 
funds to implement management actions that promote the protection or 
recovery of the Kenk's amphipod. Information on our grant programs that 
are available to aid species recovery can be found at: http://www.fws.gov/grants.
    Although the Kenk's amphipod is only proposed for listing under the 
Act at this time, please let us know if you are interested in 
participating in recovery efforts for this species. Additionally, we 
invite you to submit any new information on this species whenever it 
becomes available and any information you may have for recovery 
planning purposes (see FOR FURTHER INFORMATION CONTACT).
    Section 7(a), and in particular section 7(a)(1), of the Act 
requires Federal agencies to evaluate their actions with respect to any 
species that is proposed or listed as an endangered or threatened 
species and with respect to its critical habitat, if any is designated. 
Regulations implementing this interagency cooperation provision of the 
Act are codified at 50 CFR part 402. Section 7(a)(4) of the Act 
requires Federal agencies to confer with the Service on any action that 
is likely to jeopardize the continued existence of a species proposed 
for listing or result in destruction or adverse modification of 
proposed critical habitat. If a species is listed subsequently, section 
7(a)(2) of the Act requires Federal agencies to ensure that activities 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of the species or destroy or adversely modify its 
critical habitat. If a Federal action may affect a listed species or 
its critical habitat, the responsible Federal agency must enter into 
consultation with the Service.
    Federal agency actions within the species' habitat that may require 
conference or consultation or both as described in the preceding 
paragraph include management and any other landscape-altering 
activities on Federal lands administered by the National Park Service 
(Rock Creek Park) and U.S. Army (Fort A.P. Hill); issuance of section 
404 CWA permits by the Army Corps of Engineers; and construction and 
maintenance of roads or highways by the Federal Highway Administration.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to endangered wildlife. 
The prohibitions of section 9(a)(1) of the Act, codified at 50 CFR 
17.21 make it illegal for any person subject to the jurisdiction of the 
United States to take (which includes harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture, or collect; or to attempt any of 
these) endangered wildlife within the United States or on the high 
seas. In addition, it is unlawful to import; export; deliver, receive, 
carry, transport, or ship in interstate or foreign commerce in the 
course of commercial activity; or sell or offer for sale in interstate 
or foreign commerce any listed species. It is also illegal to possess, 
sell, deliver, carry, transport, or ship any such wildlife that has 
been taken illegally. Certain exceptions apply to employees of the 
Service, the National Marine Fisheries Service, other Federal land 
management agencies, and State conservation agencies.
    We may issue permits to carry out otherwise prohibited activities 
involving endangered wildlife under certain circumstances. Regulations 
governing permits are codified at 50 CFR 17.22. With regard to 
endangered wildlife, a permit may be issued for the following purposes: 
For scientific purposes, to enhance the propagation or survival of the 
species, and for incidental take in connection with otherwise lawful 
activities. There are also certain statutory exemptions from the 
prohibitions, which are found in sections 9 and 10 of the Act.
    It is our policy, as published in the Federal Register on July 1, 
1994 (59 FR 34272), to identify to the maximum extent practicable at 
the time a species is listed, those activities that would or would not 
constitute a violation of section 9 of the Act. The intent of this 
policy is to increase public awareness of the effect of a proposed 
listing on proposed and ongoing activities within the range of the 
species proposed for listing. At this time, we are unable to identify 
specific activities that would not be considered to result in a 
violation of section 9 of the Act because the Kenk's amphipod occurs in 
seep habitats that are influenced by the surrounding environment and it 
is likely that site-specific conservation measures may be needed for 
activities that may directly or indirectly affect the species.
    Based on the best available information, the following activities 
may potentially result in a violation of section 9 of the Act; this 
list is not comprehensive:
    (1) Unauthorized handling or collecting of the species;
    (2) Destruction/alteration of the species' habitat by discharge of 
fill material, use of motorized vehicles such as all-terrain vehicles 
or creation of trails that would increase foot traffic through the 
spring area, draining, or diversion or alteration of surface or ground 
water flow into or out of the seepage springs or catchment basins;
    (3) Forest management practices that alter the seepage spring sites 
or remove canopy cover from above the seepage spring sites;

[[Page 67286]]

    (4) Discharge of chemicals, storm water, or runoff into the seepage 
springs or catchment basins.
    Questions regarding whether specific activities would constitute a 
violation of section 9 of the Act should be directed to the Chesapeake 
Bay Field Office (see FOR FURTHER INFORMATION CONTACT).

Critical Habitat for the Kenk's amphipod (Stygobromus Kenki)

Background

    Critical habitat is defined in section 3 of the Act as:
    (1) The specific areas within the geographical area occupied by the 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features:
    (a) Essential to the conservation of the species, and
    (b) Which may require special management considerations or 
protection; and
    (2) Specific areas outside the geographical area occupied by the 
species at the time it is listed, upon a determination that such areas 
are essential for the conservation of the species.
    Conservation, as defined under section 3 of the Act, means to use 
and the use of all methods and procedures that are necessary to bring 
an endangered or threatened species to the point at which the measures 
provided pursuant to the Act are no longer necessary. Such methods and 
procedures include, but are not limited to, all activities associated 
with scientific resources management such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, and transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot be otherwise 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the requirement that Federal agencies ensure, in consultation 
with the Service, that any action they authorize, fund, or carry out is 
not likely to result in the destruction or adverse modification of 
critical habitat. The designation of critical habitat does not affect 
land ownership or establish a refuge, wilderness, reserve, preserve, or 
other conservation area. Such designation does not allow the government 
or public to access private lands. Such designation does not require 
implementation of restoration, recovery, or enhancement measures by 
non-Federal landowners. Where a landowner requests Federal agency 
funding or authorization for an action that may affect a listed species 
or critical habitat, the consultation requirements of section 7(a)(2) 
of the Act would apply, but even in the event of a destruction or 
adverse modification finding, the obligation of the Federal action 
agency and the landowner is not to restore or recover the species, but 
to implement reasonable and prudent alternatives to avoid destruction 
or adverse modification of critical habitat.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific data available. Further, our Policy on 
Information Standards Under the Endangered Species Act (published in 
the Federal Register on July 1, 1994 (59 FR 34271)), the Information 
Quality Act (section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)), 
and our associated Information Quality Guidelines, provide criteria, 
establish procedures, and provide guidance to ensure that our decisions 
are based on the best scientific data available. They require our 
biologists, to the extent consistent with the Act and with the use of 
the best scientific data available, to use primary and original sources 
of information as the basis for recommendations to designate critical 
habitat.

Prudency Determination

    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12), require that, to the maximum extent 
prudent and determinable, the Secretary designate critical habitat at 
the time the species is determined to be endangered or threatened. Our 
regulations (50 CFR 424.12(a)(1)) state that the designation of 
critical habitat is not prudent when one or both of the following 
situations exist: (1) The species is threatened by taking or other 
human activity, and identification of critical habitat can be expected 
to increase the degree of threat to the species, or (2) such 
designation of critical habitat would not be beneficial to the species.
    There is currently no imminent threat of take attributed to 
collection or vandalism under Factor B for the Kenk's amphipod. 
Identification and mapping of critical habitat is not likely to 
increase any such threat. In the absence of finding that the 
designation of critical habitat would increase threats to a species, if 
there are any benefits to a critical habitat designation, then a 
prudent finding is warranted. The potential benefits of designation 
include: (1) Triggering consultation under section 7 of the Act, in new 
areas for actions in which there may be a Federal nexus where it would 
not otherwise occur because, for example, it is or has become 
unoccupied or the occupancy is in question; (2) focusing conservation 
activities on the most essential features and areas; (3) providing 
educational benefits to State or county governments or private 
entities; and (4) preventing people from causing inadvertent harm to 
the species. Therefore, because we have determined that the designation 
of critical habitat will not likely increase the degree of threat to 
this species and may provide some measure of benefit, we find that 
designation of critical habitat is prudent for the Kenk's amphipod.

Critical Habitat Determinability

    Having determined that designation is prudent, under section 
4(a)(3) of the Act we must find whether critical habitat for the 
species is determinable. Our regulations at 50 CFR 424.12(a)(2) state 
that critical habitat is not determinable when one or both of the 
following situations exist: (i) Information sufficient to perform 
required analyses of the impacts of the designation is lacking, or (ii) 
The biological needs of the species are not sufficiently well known to 
permit identification of an area as critical habitat.
    As discussed above, we have reviewed the available information 
pertaining to the biological needs of the Kenk's amphipod and habitat 
characteristics where the species is located. Because we are awaiting 
the results of hydrology studies that support the species' physical and 
biological features, and additional surveys in new habitat areas (e.g., 
accessible areas within steep, sloped, forested habitat overlaying the 
Calvert formation in Maryland and Virginia), we conclude that the 
designation of critical habitat is not determinable for the Kenk's 
amphipod at this time. We will make a determination on critical habitat 
no later than 1 year following any final listing determination.

Required Determinations

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;

[[Page 67287]]

    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), need not be 
prepared in connection with listing a species as an endangered or 
threatened species under the Endangered Species Act. We published a 
notice outlining our reasons for this determination in the Federal 
Register on October 25, 1983 (48 FR 49244).

References Cited

    A complete list of references cited in this rulemaking is available 
on the Internet at http://www.regulations.gov and upon request from the 
Chesapeake Bay Field Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Chesapeake Bay Field Office and the Northeast Regional Office.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245; unless 
otherwise noted.

0
2. In Sec.  17.11(h), add an entry for ``Amphipod, Kenk's'' to the List 
of Endangered and Threatened Wildlife in alphabetical order under 
CRUSTACEANS to read as set forth below:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                              Listing citations
           Common name               Scientific name        Where listed         Status        and  applicable
                                                                                                    rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
           Crustaceans
 
                                                  * * * * * * *
Amphipod, Kenk's.................  Stygobromus kenki..  Wherever found.....  E               [Federal Register
                                                                                              citation when
                                                                                              published as a
                                                                                              final rule]
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: September 7, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-23103 Filed 9-29-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                      67270                 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules

                                                      —Use lists and table wherever possible.                 Federal eRulemaking Portal (see                       as an endangered species. The Kenk’s
                                                                                                              ADDRESSES    below) must be received by               amphipod is a candidate species for
                                                      List of Subjects in 43 CFR Part 2
                                                                                                              11:59 p.m. Eastern Time on the closing                which we have on file sufficient
                                                        Administrative practice and                           date. We must receive requests for                    information on its biological
                                                      procedure, Confidential information,                    public hearings, in writing, at the                   vulnerability and threats to support
                                                      Courts, Freedom of Information Act,                     address shown in FOR FURTHER                          preparation of a listing proposal, but for
                                                      Privacy Act.                                            INFORMATION CONTACT by November 14,                   which development of a listing
                                                        Dated: September 7, 2016.                             2016.                                                 regulation has been precluded by other
                                                      Kristen J. Sarri,                                       ADDRESSES: You may submit comments                    higher priority listing activities. This
                                                      Principal Deputy Assistant Secretary for                by one of the following methods:                      proposed rule assesses the best available
                                                      Policy, Management and Budget.                             (1) Electronically: Go to the Federal              information and data regarding the
                                                        For the reasons stated in the                         eRulemaking Portal: http://                           status of and threats to the Kenk’s
                                                      preamble, the Department of the Interior                www.regulations.gov. In the Search box,               amphipod.
                                                      proposes to amend 43 CFR part 2 as                      enter FWS–R5–ES–2016–0030, which is                      The basis for our action. Under the
                                                      follows:                                                the docket number for this rulemaking.                Act, we can determine that a species is
                                                                                                              Then, in the Search panel on the left                 an endangered or threatened species
                                                      PART 2—FREEDOM OF INFORMATION                           side of the screen, under the Document                based on any of five factors: (A) The
                                                      ACT; RECORDS AND TESTIMONY                              Type heading, click on the Proposed                   present or threatened destruction,
                                                                                                              Rules link to locate this document. You               modification, or curtailment of its
                                                      ■ 1. The authority citation for part 2                  may submit a comment by clicking on                   habitat or range; (B) Overutilization for
                                                      continues to read as follows:                           ‘‘Comment Now!’’                                      commercial, recreational, scientific, or
                                                        Authority: 5 U.S.C. 301, 552, 552a, 553;                 (2) By hard copy: Submit by U.S. mail              educational purposes; (C) Disease or
                                                      31 U.S.C. 3717; 43 U.S.C. 1460, 1461.                   or hand-delivery to: Public Comments                  predation; (D) The inadequacy of
                                                      ■ 2. Amend § 2.254 to add paragraph                     Processing, Attn: FWS–R5–ES–2016–                     existing regulatory mechanisms; or (E)
                                                      (b)(18) to read as follows:                             0030; U.S. Fish and Wildlife Service                  Other natural or manmade factors
                                                                                                              Headquarters, MS: BPHC, 5275 Leesburg                 affecting its continued existence. We
                                                      § 2.254   Exemptions.                                   Pike, Falls Church, VA 22041–3803.                    have determined that the Kenk’s
                                                      *     *    *     *     *                                   We request that you send comments                  amphipod is in danger of extinction
                                                        (b) * * *                                             only by the methods described above.                  primarily due to poor water quality,
                                                        (18) Investigations Case Management                   We will post all comments on http://                  erosion, and sedimentation resulting
                                                      System (CMS), BSEE–01.                                  www.regulations.gov. This generally                   from urban runoff in Maryland and the
                                                      [FR Doc. 2016–23707 Filed 9–29–16; 8:45 am]             means that we will post any personal                  District of Columbia (Factor A) and the
                                                      BILLING CODE 4310–VH–P
                                                                                                              information you provide us (see Public                effects of small population dynamics
                                                                                                              Comments below for more information).                 (Factor E) at all known locations.
                                                                                                              FOR FURTHER INFORMATION CONTACT:                         We will seek peer review. We will seek
                                                      DEPARTMENT OF THE INTERIOR                              Genevieve LaRouche, Field Supervisor,                 comments from independent specialists
                                                                                                              U.S. Fish and Wildlife Service,                       to ensure that our determination is
                                                      Fish and Wildlife Service                               Chesapeake Bay Field Office, 177                      based on scientifically sound data,
                                                                                                              Admiral Cochrane Drive, Annapolis,                    assumptions, and analyses. We will
                                                      50 CFR Part 17                                          MD 21401, by telephone 410–573–4577                   invite these peer reviewers to comment
                                                      [Docket No. FWS–R5–ES–2016–0030;                        or by facsimile 410–269–0832. Persons                 on our listing proposal. Because we will
                                                      4500030113]                                             who use a telecommunications device                   consider all comments and information
                                                                                                              for the deaf (TDD) may call the Federal               received during the comment period,
                                                      RIN 1018–BB50                                           Information Relay Service (FIRS) at                   our final determination may differ from
                                                      Endangered and Threatened Wildlife                      800–877–8339.                                         this proposal.
                                                      and Plants; Endangered Species                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                    Information Requested
                                                      Status for the Kenk’s Amphipod                          Executive Summary
                                                                                                                                                                    Public Comments
                                                      AGENCY:    Fish and Wildlife Service,                      Why we need to publish a rule. Under
                                                      Interior.                                               the Act, if a species is determined to be               We intend that any final action
                                                                                                              an endangered or threatened species                   resulting from this proposed rule will be
                                                      ACTION: Proposed rule.
                                                                                                              throughout all or a significant portion of            based on the best scientific and
                                                      SUMMARY:    We, the U.S. Fish and                       its range, we are required to promptly                commercial data available and be as
                                                      Wildlife Service (Service), propose to                  publish a proposal in the Federal                     accurate and as effective as possible.
                                                      list the Kenk’s amphipod (Stygobromus                   Register and make a determination on                  Therefore, we request comments or
                                                      kenki), a ground water species from the                 our proposal within 1 year. Critical                  information from the public, other
                                                      District of Columbia, Maryland, and                     habitat shall be designated, to the                   concerned governmental agencies,
                                                      Virginia, as an endangered species                      maximum extent prudent and                            Native American Tribes, the scientific
                                                      under the Endangered Species Act (Act).                 determinable, for any species                         community, industry, or any other
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      If we finalize this rule as proposed, it                determined to be an endangered or                     interested parties concerning this
                                                      would extend the Act’s protections to                   threatened species under the Act.                     proposed rule. We particularly seek
                                                      this species. The effect of this regulation             Listing a species as an endangered or                 comments concerning:
                                                      will be to add the species to the List of               threatened species and designating and                  (1) The Kenk’s amphipod’s biology,
                                                      Endangered and Threatened Wildlife.                     revising critical habitat can be                      range, and population trends, including:
                                                      DATES: We will accept comments                          completed only by issuing a rule.                       (a) Biological or ecological
                                                      received or postmarked on or before                        What this document does. This                      requirements of the species, including
                                                      November 29, 2016. Comments                             document proposes the listing of the                  habitat requirements for feeding,
                                                      submitted electronically using the                      Kenk’s amphipod (Stygobromus kenki)                   breeding, and sheltering;


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                                                                            Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules                                       67271

                                                         (b) Genetics and taxonomy;                           ADDRESSES. We request that you send                   (FY) 2006 when we found that the
                                                         (c) Historical and current range                     comments only by the methods                          petition did not present substantial
                                                      including distribution patterns;                        described in ADDRESSES.                               information (72 FR 51766, September
                                                         (d) Historical and current population                  If you submit information via http://               11, 2007) indicating that listing may be
                                                      levels, and current and projected trends;               www.regulations.gov, your entire                      warranted. In 2010, the Service, under
                                                      and                                                     submission—including any personal                     its own candidate assessment process,
                                                         (e) Past and ongoing conservation                    identifying information—will be posted                initiated a status review for the Kenk’s
                                                      measures for the species, its habitat, or               on the Web site. If your submission is                amphipod, completed an analysis on the
                                                      both.                                                   made via a hardcopy that includes                     best available data, and determined that
                                                         (2) Factors that may affect the                      personal identifying information, you                 listing the species was warranted.
                                                      continued existence of the species,                     may request at the top of your document               However, we were precluded from
                                                      which may include habitat modification                  that we withhold this information from                moving forward with rulemaking for the
                                                      or destruction, overutilization, disease,               public review. However, we cannot                     species due to other higher priority
                                                      predation, the inadequacy of existing                   guarantee that we will be able to do so.              listing actions. The Kenk’s amphipod
                                                      regulatory mechanisms, or other natural                 We will post all hardcopy submissions                 was added to the FY 2010 candidate list
                                                      or manmade factors.                                     on http://www.regulations.gov.                        (75 FR 69222, November 10, 2010). The
                                                         (3) Biological, commercial trade, or                   Comments and materials we receive,                  species’ status was reviewed at least
                                                      other relevant data concerning any                      as well as supporting documentation we                annually and continued to be found
                                                      threats (or lack thereof) to the species                used in preparing this proposed rule,                 warranted but precluded for listing in
                                                      and existing regulations that may be                    will be available for public inspection               all subsequent annual Candidate
                                                      addressing those threats.                               on http://www.regulations.gov, or by                  Notices of Review (76 FR 66370,
                                                         (4) Additional information concerning                appointment, during normal business                   October 26, 2011; 77 FR 69994,
                                                      the historical and current status, range,               hours, at the U.S. Fish and Wildlife                  November 21, 2012; 78 FR 70104,
                                                      distribution, and population size of this               Service, Chesapeake Bay Field Office                  November 22, 2013; 79 FR72450,
                                                      species, including the locations of any                 (see FOR FURTHER INFORMATION CONTACT).                December 5, 2014; 80 FR 80584,
                                                      additional populations of the species.                                                                        December 24, 2015). For additional
                                                         (5) Additional information on the                    Public Hearing
                                                                                                                                                                    information see: http://ecos.fws.gov/
                                                      hydrology (e.g., connectedness, size of                    Section 4(b)(5) of the Act provides for            tess_public/profile/
                                                      recharge areas) of the known Kenk’s                     one or more public hearings on this                   speciesProfile?spcode=K04P (last
                                                      amphipod sites.                                         proposal, if requested. Requests must be              accessed June 22, 2016). In 2011, the
                                                         (6) Reliable methodology for                         received within 45 days after the date of             Service entered into a settlement
                                                      estimating the total population size at                 publication of this proposed rule in the              agreement with the Center for Biological
                                                      an individual seep site (e.g., calculating              Federal Register. Such requests must be               Diversity and WildEarth Guardians that
                                                      the number of animals in the subsurface                 sent to the address shown in FOR                      specified a listing determination must
                                                      from the number of animals at the                       FURTHER INFORMATION CONTACT. We will
                                                                                                                                                                    be made for all species from the FY
                                                      surface).                                               schedule public hearings on this
                                                         (7) Additional information on the                                                                          2010 candidate list (Center for
                                                                                                              proposal, if any are requested, and                   Biological Diversity v. Salazar 10–cv–
                                                      interspecific interactions of amphipods                 announce the dates, times, and places of
                                                      at the known Kenk’s amphipod sites                                                                            0230 (D.D.C.); WildEarth Guardians v.
                                                                                                              those hearings, as well as how to obtain              Salazar Nos. 10–cv–0048; 10–cv–0421;
                                                      (e.g., predator/prey dynamics or                        reasonable accommodations, in the
                                                      competition for food or space                                                                                 10–cv–1043; 10–cv–1045; 10–cv–1048;
                                                                                                              Federal Register and local newspapers                 10–cv–1049; 10–cv–50; 10–cv–51; 10–
                                                      resources).                                             at least 15 days before the hearing.
                                                         (8) The specific tolerance of the                                                                          cv–1068; 10–cv–2299; 10–cv–2595; 10–
                                                      Kenk’s amphipod or the Potomac                          Peer Review                                           cv–3366 (D.D.C.)). Per the settlement
                                                      groundwater amphipod (Stygobromus                         In accordance with our joint policy on              agreement, a not warranted finding or
                                                      tenuis potomacus) to temperature,                       peer review published in the Federal                  proposed listing rule for the Kenk’s
                                                      sewage effluent, chlorinated water, or                  Register on July 1, 1994 (59 FR 34270),               amphipod must be delivered to the
                                                      other contaminants.                                     we will seek the expert opinions of at                Federal Register no later than
                                                         Please include supporting                            least three appropriate and independent               September 30, 2016.
                                                      documentation with your submission                      specialists regarding this proposed rule.             Background
                                                      (such as scientific journal articles or                 The purpose of peer review is to ensure
                                                      other publications) to allow us to verify               that our listing determination is based               Taxonomy and Species Description
                                                      any scientific or commercial                            on scientifically sound data,                           The Kenk’s amphipod (Stygobromus
                                                      information you include.                                assumptions, and analyses. The peer                   kenki) was first collected in 1967 by
                                                         Please note that submissions merely                  reviewers have expertise in Kenk’s/                   Roman Kenk from a spring in Rock
                                                      stating support for or opposition to the                Stygobromus amphipod biology, habitat,                Creek Park (Park), southeast of North
                                                      action under consideration without                      or stressors (factors negatively affecting            National Capitol Parks’ headquarters in
                                                      providing supporting information,                       the species) to the Kenk’s amphipod                   the District of Columbia, and it was
                                                      although noted, will not be considered                  species or its habitat. We invite                     formally described by J.R. Holsinger
                                                      in making a determination, as section                   comment from the peer reviewers                       (1978, pp. 39–42). We have carefully
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      4(b)(1)(A) of the Act directs that                      during this public comment period.                    reviewed the best available taxonomic
                                                      determinations as to whether any                                                                              data and conclude that the Kenk’s
                                                      species is a threatened or endangered                   Previous Federal Action                               amphipod is a valid species.
                                                      species must be made ‘‘solely on the                      In 2001, the Service received a                       The Kenk’s amphipod is a moderately
                                                      basis of the best scientific and                        petition to list the Kenk’s amphipod and              small ground water crustacean, with the
                                                      commercial data available.’’                            two other invertebrates. Higher priority              largest male and female specimens
                                                         You may submit your comments and                     workload that consumed the listing                    growing to 0.15 inch (in) (3.7
                                                      materials concerning this proposed rule                 budget prevented the Service from                     millimeters (mm)) and 0.22 in (5.5 mm)
                                                      by one of the methods listed in                         making a 90-day finding until fiscal year             in length, respectively. The Kenk’s


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                                                      67272                 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules

                                                      amphipod is a member of the Spinosus                    Habitat                                               temperature (Culver et al. 2012, pp. 5–
                                                      Group of Stygobromus, which includes                       Amphipods of the genus Stygobromus                 6). For example, an unpublished study
                                                      two other closely related but separate                  occur in ground water and ground                      (Culver and Chestnut 2006, pp. 1–3)
                                                      species, Blue Ridge stygobromid (S.                     water-related habitats (e.g., caves, seeps,           found that sites supporting the genus
                                                      spinosus) and Luray Caverns amphipod                    small springs, wells, interstices, and                Stygobromus had lower temperatures
                                                      (S. pseudospinosus), that are found only                rarely deep ground water lakes).                      during spring and summer, higher
                                                      in Virginia, primarily in Shenandoah                    Members of this genus occur only in                   dissolved oxygen, lower pH, and lower
                                                      National Park. The Kenk’s amphipod is                   freshwater and belong to the family                   nitrate levels than other seepage springs
                                                      distinguished from those two species, as                Crangonyctidae, the largest family of                 (70 putative seepage springs) along the
                                                      well as other co-occurring amphipods,                   freshwater amphipods in North                         George Washington Memorial Parkway
                                                      such as the Potomac groundwater                         America, and have modified                            in Virginia. The Service has contracted
                                                                                                              morphology for survival in the                        with the Maryland Geological Survey to
                                                      amphipod and Hay’s spring amphipod
                                                                                                                                                                    delineate the recharge areas and
                                                      (S. hayi), on the basis of various                      subterranean ground water that is their
                                                                                                                                                                    conduct electrical resistivity surveying
                                                      morphological features (Holsinger 1978,                 primary habitat. These species are
                                                                                                                                                                    to determine elevations of bedrock or
                                                      p. 39). For additional morphological                    generally eyeless and unpigmented
                                                                                                                                                                    clay that may be perching the water
                                                      description details, please see the                     (without color), and frequently have
                                                                                                                                                                    table, and to detect elevation of the
                                                      Kenk’s amphipod’s FY 2015 candidate                     attenuated (reduced in length and
                                                                                                                                                                    water table of several seepage springs
                                                      assessment form here: http://                           width) bodies (Holsinger 1978, pp. 1–2).
                                                                                                                 The Kenk’s amphipod is found in                    supporting the Kenk’s amphipod;
                                                      ecos.fws.gov/docs/candidate/                                                                                  however, the results of this study will
                                                      assessments/2015/r5/K04P_I01.pdf (last                  wooded areas where ground water
                                                                                                                                                                    not be available until 2017.
                                                      accessed on June 22, 2016).                             emerges to form seepage springs
                                                                                                                                                                       All Stygobromus species found in the
                                                                                                              (Holsinger 1978, p. 39). More                         hypotelminorheic habitats appear to
                                                        Accurate identification of the Kenk’s                 specifically, this habitat is called the
                                                      amphipod can occur only when a                                                                                have similar requirements—shallow
                                                                                                              hypotelminorheic. Hypotelminorheic is                 ground water and springs with good
                                                      specimen is removed from the seepage                    described as habitats: (1) With a perched
                                                      spring site (hereafter referred                                                                               water quality and persistent flow for
                                                                                                              aquifer fed by subsurface water that                  most of the year in wooded habitats.
                                                      interchangeably as seepage spring, seep,                creates a persistent wet spot; (2)
                                                      spring, or site depending upon the                                                                            Forest canopy cover appears to be
                                                                                                              underlain by a clay or other                          necessary both for the shading and the
                                                      reference), and preserved in alcohol or                 impermeable layer typically 5 to 50                   food source its leaf litter provides. This
                                                      other fixing agent for identification by a              centimeters (cm) (2 to 20 in) below the               food source consists of organic detritus
                                                      species expert who removes legs and                     surface; and (3) rich in organic matter               and the microorganisms using the leaf
                                                      other appendages from the specimen for                  compared with other aquatic                           litter as substrate.
                                                      microscopic examination. This                           subterranean habitats. The water                         Springs currently known to support
                                                      identification method is the best                       supplying the springs infiltrates to the              the Kenk’s amphipod are found in
                                                      scientific method available. Because the                ground water from precipitation and                   forested areas with steep slopes,
                                                      laboratory identification results in                    runoff into the catchment (e.g., recharge             adjacent to streams, and overlying the
                                                      mortality, the Service has been                         or drainage) areas (see Factor A—Water                Wissahickon geologic formation in the
                                                      judicious in limiting the frequency and                 Quality/Quantity Degradation Due to                   Piedmont of Maryland and the District
                                                      number of specimens removed from                        Chronic Pollution of Urban/Suburban                   of Columbia and in the Calvert
                                                      known sites.                                            Runoff section below for more details).               formation just above the Nanjemoy
                                                                                                              The water exits these habitats at seepage             formation in the upper Coastal Plain of
                                                      Reproduction and Longevity                              springs. Seepage springs typically have               Virginia. While the applicable areas
                                                                                                              a diffuse discharge of water where the                containing the known appropriate
                                                        We have no reproductive or longevity
                                                                                                              flow cannot be immediately observed                   geology in the Piedmont of Maryland
                                                      information specific to the Kenk’s
                                                                                                              but the land surface is wet compared to               and the District of Columbia have been
                                                      amphipod, but assume those attributes
                                                                                                              the surrounding area (Culver et al. 2012,             extensively surveyed for Kenk’s
                                                      are similar to other Stygobromus
                                                                                                              p. 2). The shading, hydrologic                        amphipod, the same is not true for areas
                                                      species. Like other amphipods, females                  conditions, and organic matter found in               in the Coastal Plain of Maryland and
                                                      of the genus Stygobromus deposit their                  these woodlands are considered                        Virginia because information that these
                                                      eggs in a brood pouch on their                          important factors in maintaining                      geological formations support occupied
                                                      underside (Foltz and Jepson 2009, p. 2).                suitable habitat for the species.                     Kenk’s amphipod habitat is new to the
                                                      Young of the Potomac groundwater                           The Kenk’s amphipod has been found                 Service and species experts (see the
                                                      amphipod hatch from the egg and                         in the dead leaves or fine sediment                   Distribution and Relative Abundance—
                                                      actively swim from the brood pouch,                     submerged in the waters of its seepage                Current Range and Distribution Since
                                                      with days or even weeks passing                         spring outflows (Holsinger 1978, p.                   2016 section below for more
                                                      between the hatching of the first and                   130). The best available data indicate                information). The Service conducted a
                                                      last young of a brood (Williams 2013, p.                that the species will move between the                preliminary geographic information
                                                      10). The immature stages resemble the                   surface and subterranean portions of the              system (GIS) analysis to determine that
                                                      adults, and individuals undergo                         spring habitat, but it is unknown when                the total amount of forested areas
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                                                      successive molts (usually between eight                 or how often that movement occurs                     containing the appropriate geology in
                                                      and nine) until maturity. Most surface                  (Kavanaugh 2009, p. 3). Seepage springs               the Coastal Plain areas of Maryland and
                                                      amphipod species from the family                        typically have a drainage area of less                Virginia is approximately 20,500 ac
                                                      Talitridae complete their life cycle (egg               than 10,000 square meters (2.5 acres                  (8,296 ha), with approximately 3,063 ac
                                                      to adult) in 1 year or less, but                        (ac); 1 hectare (ha)) and their water                 (1,240 ha) on public lands. However, the
                                                      subterranean species like the Kenk’s                    quality parameters differ from those                  potential amount of suitable habitat for
                                                      amphipod have a longer life span and                    parameters of small surface waters by                 the Kenk’s amphipod is less than 20,500
                                                      may live for 4 to 6 years (Foltz and                    having higher conductivity and                        ac (8,296 ha). The Service will narrow
                                                      Jepson 2009, p. 2).                                     dissolved oxygen, and lower pH and                    the scope of potential habitat areas to


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                                                      survey by evaluating slope, adjacent                    35–36; Feller 2005, p. 5) (see figure 1               Drive Spring), and the fifth (Coquelin
                                                      waterways, and other habitat quality                    below), despite extensive surveys for the             Run Spring) is in Montgomery County,
                                                      parameters.                                             species in the same area (Feller 1997,                MD, not far from the District of
                                                                                                              entire; Culver and Sereg 2004, entire;                Columbia border. A sixth known site
                                                      Distribution and Relative Abundance                     Feller 2005, entire). Ground water                    (Burnt Mill Spring #6) is within the
                                                      Known Range and Distribution Prior to                   amphipod surveys on National Park                     Northwest Branch Park in the Northwest
                                                      2016                                                    Service (NPS) properties in Arlington                 Branch drainage in Montgomery
                                                                                                              and Fairfax Counties, VA, failed to                   County, MD, approximately 3 miles (mi)
                                                         Prior to 2016, all known occurrences
                                                                                                              detect the Kenk’s amphipod (Hutchins                  (4.8 kilometers (km)) from the District of
                                                      of the Kenk’s amphipod were from the                    and Culver 2008, entire). In addition,
                                                      Potomac River watershed in or near the                                                                        Columbia border. Thus, the current
                                                                                                              surveys in 2014 in the vicinity of the                range of this species in the Washington
                                                      District of Columbia. At the time of its                proposed Purple Line light rail project
                                                      description, this amphipod was known                                                                          metropolitan area is limited to Federal
                                                                                                              in Montgomery County, MD, also failed                 land (four sites) and private property
                                                      from two seepage springs (East Spring                   to detect the species (Culver 2015,
                                                      and Holsinger Spring) in Rock Creek                                                                           (one site) adjacent to approximately 4
                                                                                                              entire).                                              linear mi (6.4 km) of Rock Creek, and a
                                                      Park in the District of Columbia and was                   Within the species’ historical range,
                                                      initially thought to be identified from                                                                       single site to the east, on county
                                                                                                              the District of Columbia and Maryland,                parkland adjacent to the Northwest
                                                      one shallow well in Fairfax County in                   it is plausible that urbanization of the
                                                      northern Virginia (Holsinger 1978, p. 39;                                                                     Branch. Both Rock Creek Park and the
                                                                                                              Rock Creek and Northwest Branch                       Northwest Branch Park are long, linear
                                                      Terwilliger 1991, p. 184). However, the                 watersheds (outside of the protected
                                                      single immature male specimen from                                                                            parks within heavily urbanized areas.
                                                                                                              parklands) has reduced the range and
                                                      this well was later reexamined by a                     distribution of the Kenk’s amphipod                      In addition to the distribution
                                                      taxonomic expert and determined not to                  because many large and small springs                  described above for the Washington
                                                      be a Kenk’s amphipod (Holsinger 2009,                   throughout these drainages have been                  metropolitan area, a new area occupied
                                                      p. 266). Because of the difficulty in                   lost as a result of urbanization (Williams            by the Kenk’s amphipod was identified
                                                      finding the small seepage area of                       1977, entire; Feller 2005, p. 11). In                 in 2016—the U.S. Army’s Fort A.P. Hill
                                                      Holsinger Spring, the location was                      particular, the southern Rock Creek                   installation in Caroline County, VA,
                                                      surveyed only once (in 2003) between                    watershed is where most of the natural                approximately 60 mi (97 km) south of
                                                      the Kenk’s amphipod’s original                          tributaries and springs in the District of            all previously known sites (see figure 1
                                                      discovery at the site in 1967 and surveys               Columbia south of the National Zoo                    below). The species was collected
                                                      conducted in 2015.                                      have been lost due to leveling and                    during surveys conducted for another
                                                         The Kenk’s amphipod was discovered                   filling of the stream valleys, or                     amphipod species in 2014, but not
                                                      in two additional springs (Sherrill Drive               conversion to covered sewers (Williams                identified as the Kenk’s amphipod until
                                                      Spring and Kennedy Street Spring (this                  1977, pp. 6, 11). However, there is no                May 2016, when the Service was
                                                      spring also supports the federally                      available method to estimate to what                  notified of the information. Out of a
                                                      endangered Hay’s Spring amphipod) in                    extent the Kenk’s amphipod may have                   total of 21 surveyed sites on the
                                                      Rock Creek Park in 1995 and 2001 and                    been present in these areas. The best                 installation, 4 were found to contain the
                                                      in two springs (Coquelin Run Spring                     available data indicate that there were               Kenk’s amphipod. Seven Kenk’s
                                                      and Burnt Mill Spring #6) in                            no ground water amphipod surveys at                   amphipod individuals were identified
                                                      Montgomery County, Maryland, in 2003                    any of the springs prior to those habitat             from these four springs, which are along
                                                      to 2004, bringing the total number of                   areas being filled or otherwise converted             Mount and Mill Creeks, both tributaries
                                                      springs known to support the Kenk’s                     to unsuitable habitat.                                of the Rappahannock River (J.
                                                      amphipod to six. All of these sites are                                                                       Applegate, pers. comm., 05/02/2016; C.
                                                      considered to be in the Washington                      Current Range and Distribution Since                  Hobson, pers. comm., 05/12/2016) (see
                                                      metropolitan area because they are all                  2016                                                  figure 1). The spring sites in the two
                                                      within the Washington Beltway (i.e., the                  Within the Washington metropolitan                  creek systems are approximately 7.5 mi
                                                      I–495 highway).                                         area, five of the known sites are within              (12 km) apart. The area immediately
                                                         Until 2016, the species was known                    the Rock Creek drainage: Four are                     surrounding Fort A.P. Hill is less
                                                      only from six seepage spring sites in the               within Rock Creek Park in the District                developed than the Washington
                                                      District of Columbia and Montgomery                     of Columbia (Holsinger Spring, Kennedy                metropolitan area.
                                                      County, MD (Culver and Sereg 2004, pp.                  Street Spring, East Spring, and Sherrill              BILLING CODE 4333–15–P
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                                                      67274                 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules




                                                                                                                                                                                          N
                                                                                       Kenks amphipod
                                                                                                                                    0          5         10                  20
                                                                                                                                                                                  Miles   A

                                                                   Figure 1. Current distribution of the 10 known Kenk's amphipod seep sites. Due to
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                                                                   scale, some sites are obscured by the symbols of others.

                                                      BILLING CODE 4333–15–C
                                                                                                              to sampling difficulties (e.g., flow                  supply (Feller 2005, p. 10). However,
                                                      Relative Abundance                                      conditions) and the lack of information               because surveying in the Washington
                                                                                                              on the portion of the population that                 metropolitan area has been conducted
                                                        There are no reliable total population                may remain in the springs’ ground water               using systematic and consistent
                                                                                                                                                                                                            EP30SE16.000</GPH>




                                                      numbers for Kenk’s amphipod sites due


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                                                                            Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules                                         67275

                                                      methodology over many years, often by                   reconnaissance visits between 2004 and                species may be extirpated at Burnt Mill
                                                      the same individuals, the numbers of                    2015 in several of the known Kenk’s                   Spring #6, Kennedy Street Spring, and
                                                      Kenk’s amphipod individuals observed                    amphipod Washington metropolitan                      East Spring, but the best available data
                                                      and the number of conducted surveys                     area spring habitats (B. Yeaman, pers.                show a decrease in observed individuals
                                                      required to find the species are                        comm., 05/04/2012). In addition, visual               at these sites.
                                                      considered to be the best available data                inspections during this same time                        Although there have been no Kenk’s
                                                      and do provide a reliable indication of                 period indicated that most of the sites               amphipods (Stygobromus kenki)
                                                      the species’ relative abundance.                        continued to appear to be suitable                    observed at five of the six District of
                                                        The species is typically found in                     habitat, leading us to conclude that the              Columbia/Maryland sites during the
                                                      small numbers and then only when                        Kenk’s amphipod was extant at least at                2015–2016 survey efforts, increasing
                                                      ground water levels are high and springs                Burnt Mill Spring #6, Kennedy Street                  numbers of Potomac groundwater
                                                      are flowing freely, conditions that cause               Spring, and East Spring (D. Feller, pers.             amphipod have been observed at several
                                                      the Kenk’s amphipod to be transported                   comm., 04/01/2015). However, actual                   of the sites (Burnt Mill Spring #6, East
                                                      to the surface. These conditions                        identifications of specimens collected                Spring, Kennedy Street Spring, and
                                                      typically occur during the spring                       during surveys conducted in 2015 and                  Holsinger Spring) (D. Feller, pers.
                                                      season, except during especially dry                    2016 (D. Feller, pers. comm., 03/16/                  comm., 04/22/2016). At Sherrill Drive
                                                      years. Given the small size of the                      2016) suggest that the species may not                Spring, no Stygobromus species have
                                                      shallow ground water aquifers                           be extant at those sites (see below).                 been detected for 12 years, and the
                                                      supporting the sites occupied by this                     Prior to 2015, all Kenk’s amphipod                  water quality at this site has been
                                                      species, and the known characteristics                  specimens were discovered on the first                documented to be poor (see Factor A—
                                                      of subterranean invertebrates, it is                    or second survey conducted at all                     Water Quality/Quantity Degradation
                                                      probable that each of the Kenk’s                        known sites. In 2015 and 2016, Kenk’s                 Due to Chronic Pollution of Urban/
                                                      amphipod populations has always been                    amphipod was confirmed at only one of                 Suburban Runoff section below for more
                                                      small (Hutchins and Culver 2008, pp. 3–                 the Washington metropolitan area                      details), leading us to conclude that the
                                                      6).                                                     spring sites, Coquelin Run Spring,                    species is likely extirpated at this site.
                                                        Although specimens were not                           despite all of the sites being sampled                This conclusion is consistent with the
                                                      collected and identified to the species                 multiple times during these 2 years (see              earlier characterization of the
                                                      level, Stygobromus sp., including some                  table 1 below) (D. Feller, pers. comm.,               population at this site by Culver and
                                                      in the right size range for Kenk’s                      03/16/2016; D. Feller, pers. comm., 04/               Sereg (2004, p. 73) over a decade ago as
                                                      amphipod, were observed during site                     22/2016). It is unclear whether the                   ‘‘barely hanging on.’’
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                                                        At Fort A.P. Hill, all collections of the             and relative abundance. However, the                  surveys for the known Maryland and the
                                                      Kenk’s amphipod were taken during                       habitat areas at Fort A.P. Hill occur in              District of Columbia sites are also
                                                      surveys conducted in the spring of 2014;                different river drainages and geological              planned.
                                                      therefore, no trend data exist for the four             formations from those in the
                                                      occupied spring sites. Twenty-one sites                 Washington metropolitan area, which                   Summary of Biological Status and
                                                      were surveyed with 5 to 7 visits per site.              suggests that additional surveys may                  Threats
                                                      The numbers of the Kenk’s amphipod                      identify additional locations and further
                                                                                                                                                                       The Act directs us to determine
                                                      collected that year were low at all sites,              expand the species’ current known
                                                      ranging from 1 to 4 individuals (see                    range. The Service plans to fund                      whether any species is an endangered
                                                      table 1 above). Other species of                        additional amphipod surveys to be                     species or a threatened species because
                                                      Stygobromus, including S. tenuis (no                    conducted during suitable sampling                    of any factors affecting its continued
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      common name), Tidewater stygonectid                     conditions in late 2016 and early 2017                existence. In this section, we review the
                                                      amphipod (S. indentatus), and                           in accessible areas of Maryland and                   biological condition of the species and
                                                      Rappahannock Spring amphipod (S.                        northeastern Virginia that have geology               its resources, and the influences on such
                                                      foliatus), were also found at several of                similar to that of the Fort A.P. Hill sites           to assess the species’ overall viability
                                                      these Virginia sites.                                   and other suitable habitat characteristics            and the risks to that viability.
                                                        Summary of Distribution and Relative                  (e.g., forested slopes dissected by
                                                      Abundance: The above information                        streams). The U.S. Army also plans to
                                                      represents the best available data on the               conduct additional amphipod surveys at
                                                                                                                                                                                                                EP30SE16.001</GPH>




                                                      Kenk’s amphipod’s known distribution                    Fort A.P. Hill in spring 2017. Additional


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                                                                            Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules                                        67277

                                                      Factor A. The Present or Threatened         storm events due to decreased                                     respect to pollutants, erosion, and
                                                      Destruction, Modification, or               opportunity for immediate or proximal                             sedimentation because of the small size
                                                      Curtailment of Its Habitat or Range         infiltration. The surface flow waters                             and shallow nature of the habitat. In
                                                                                                  have higher temperatures, higher                                  addition, the aforementioned narrow
                                                      Water Quality/Quantity Degradation
                                                                                                  sediment loads, and higher levels of                              buffer zones around the
                                                      Due to Chronic Pollution of Urban/
                                                                                                  heavy metals (zinc, cadmium), nitrogen,                           hypotelminorheic sites increase the
                                                      Suburban Runoff
                                                                                                  phosphorus, and fecal coliform bacteria                           habitat’s and species’ exposure to urban
                                                         Habitat modification, in the form of     (Walsh et al. 2005, pp. 706–723). In                              runoff.
                                                      degraded water quality and quantity, is     addition to affecting water quality,                                 Storm water runoff in urban areas is
                                                      one of the primary drivers of Kenk’s        urban impervious surfaces can affect                              commonly transported through
                                                      amphipod viability. While the species’      water quantity; decreased infiltration                            Municipal Separate Storm Sewer
                                                      specific tolerances to parameters           can result in depletion of ground water                           Systems (MS4s), from which it is often
                                                      affecting water quality and quantity is     reserves and ultimately cause springs to                          discharged untreated into local
                                                      not yet known, we do know that the          dry up over time (Frazer 2005, p. 3).                             waterbodies. Storm water is regulated to
                                                      Kenk’s amphipod is at increased risk to        It is well documented that impervious                          prevent harmful discharges of pollutants
                                                      parameters that negatively affect water     cover from urbanization affects                                   into MS4s. The Clean Water Act’s
                                                      quality and quantity because these          biological communities in streams. For                            (CWA’s) National Pollutant Discharge
                                                      freshwater amphipods spend their            example, a review of more than 30                                 Elimination System program requires
                                                      entire life cycle in water and are,         studies by the Center for Watershed                               permits for discharges into MS4s and
                                                      therefore, continually exposed to           Protection (2003, pp. 101–102) found                              development of storm water
                                                      changes in the aquatic habitat. Water       that sensitive aquatic insect species                             management programs. Despite these
                                                      quality degradation of ground water at      were absent or less abundant in streams                           regulatory requirements, poor water
                                                      spring sites located in the Washington      that drain from urban areas, and aquatic                          quality has been documented in the past
                                                      metropolitan area has been previously       insect diversity decreased when                                   at several springs in Rock Creek Park
                                                      cited as a top concern in several studies imperviousness reached 10 to 15                                     (Culver and Sereg 2004, p. 69).
                                                      and reports (Feller 1997, pp. 12–13;        percent. The Maryland Department of                                  In the Washington metropolitan area,
                                                      Culver and Sereg 2004, p. 13; Feller        Natural Resources (MDDNR) found that,                             water quality degradation from urban
                                                      2005, p. 9; Hutchins and Culver 2008,       in Maryland when the general                                      runoff is believed to have affected the
                                                      p. 6; Kavanaugh 2009, p. 60; Culver et      percentage of watershed imperviousness                            Kenk’s amphipod’s Sherrill Drive
                                                      al. 2012, p. 37; Culver and Pipan 2014,     exceeds 15 percent, stream health is                              Spring population (Culver and Sereg
                                                      p. 219).                                    never rated as ‘‘good,’’ based on a                               2004, p. 69). Sherrill Drive Spring is
                                                         The amount of forested buffer            combined fish and benthic                                         close (approximately 115 ft (35 m)) to
                                                      surrounding the seep influences the         macroinvertebrate Index of Biotic                                 the edge of Rock Creek Park where there
                                                      species’ vulnerability and exposure to      Integrity. The Potomac Washington                                 is an abrupt change from forested
                                                      negative effects, and the smaller the       metropolitan basin, which incorporates                            habitat to an urban landscape along 16th
                                                      buffer, the greater the risk of exposure.   the area surrounding Kenk’s amphipod                              Street Northwest, which parallels the
                                                      Buffer distance is important because the sites, has the smallest percentage of                                park boundary. There is a significant
                                                      buffer helps filter sediment and other      stream miles rated as ‘‘good’’ (less than                         amount of impervious cover that routes
                                                      contaminants from the surface water         1 percent) (Boward et al. 1999, p. 45).                           runoff into the catchment area
                                                      entering the catchment areas and,              Hyporheic habitat, which is a                                  surrounding the Sherrill Drive Spring.
                                                      therefore, the ground water that            transition area between surface and                                  While there have been no laboratory
                                                      supports the Kenk’s amphipod. The           shallow ground water, is found within                             studies conducted to evaluate the effects
                                                      Washington metropolitan area                the interstitial spaces within the                                and tolerance of the Kenk’s amphipod
                                                      amphipod sites have narrow riparian         sediments of a stream bed but also can                            or the more common Potomac
                                                      buffers (94 feet (ft) to 1,000 ft) (29 m to be found in spring runs (Culver and                               groundwater amphipod to chemical,
                                                      305 m) separating them from the             Sereg 2004, pp. 70–71) that support the                           nutrient, pesticide, or heavy metal
                                                      surrounding urban landscape. This           Kenk’s amphipod. Hancock (2002, pp.                               pollution, we do know from published
                                                      urban land is characterized by              766–775) evaluated human activities                               studies that amphipods may be one of
                                                      impervious surface cover, which             that affect the hyporheic zone. Pesticide                         the most vulnerable groups of organisms
                                                      includes paved roads, sidewalks,            pollution, heavy metal and chemical                               to chemical pollution due to their high
                                                      parking lots, and buildings (Sexton et al. pollution from industrial and urban                                sensitivity to toxicants and contaminant
                                                      2013, p. 42). The general percentage of     sources, increased salinity, and acidity                          accumulation (Borgmann et al. 1989, p.
                                                      impervious surface inside the Capitol       were all cited as stressors that may make                         756; Brumec-Turc 1989, p. 40). Culver
                                                      Beltway (I–495) (i.e., where all the        this habitat unsuitable for invertebrates.                        and Sereg (2004, pp. 30–31) collected
                                                      District of Columbia and Maryland           In addition to documenting lethal                                 water samples from the East Spring,
                                                      Kenk’s amphipod sites are located)          effects on individuals from these                                 Kennedy Spring, and Sherrill Drive
                                                      increased from 22 percent in 1984 to 26 stressors, researchers have documented                                Spring sites on four occasions (October
                                                      percent in 2010. The annual rate of         changes in macroinvertebrate diversity                            2000, April 2001, July 2001, and March
                                                      increase in impervious cover within the and abundance that include an increase                                2003) to measure temperature, pH,
                                                      Washington Beltway has also doubled         in species that are tolerant to elevated                          conductivity, dissolved oxygen, and
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      since the 1980s, from 2 to 4 square (sq.)   levels of the stressors and a decrease in                         nitrates. Sediment samples surrounding
                                                      miles (6 to 12 sq. km) (Sexton et al.       species sensitive to elevated levels of                           the springs were also collected in
                                                      2013, pp. 42–53; Song et al. 2016, pp.      those stressors (Hancock 2002, pp. 768–                           September 2001 at East Spring and
                                                      1–13; http://                               770).                                                             Sherrill Drive Spring to analyze metal
                                                      www.earthobservatory.nasa.gov/IOTD/            The hypotelminorheic zone, which is                            and organic contaminants. From these
                                                      view.php?id=87731, last accessed 07/07/ described as the main habitat required                                samples, Sherrill Drive Spring showed
                                                      2016).                                      by the Kenk’s amphipod, may be more                               evidence of water quality degradation
                                                         Urban impervious surfaces can result     vulnerable to the effects of urban runoff                         via the presence of heavy metals and
                                                      in increased surface water flow after       than streams or the hyporheic zone with                           higher nitrate and conductivity levels as


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                                                      compared to the other sampled spring                    elevated chloride levels at Sherrill Drive            confirm the Kenk’s amphipod at any of
                                                      sites; East Spring also had evidence of                 Spring, one potential source could be                 these sites but consistently found the
                                                      heavy metals (see below) (Culver and                    road salt. The Washington metropolitan                more common Potomac groundwater
                                                      Sereg 2004, pp. 30–31).                                 area receives, on average depending on                amphipod at all the sites in higher
                                                         Heavy metals were found in sediment                  where it was measured and the time                    numbers (e.g., greater than 40 observed
                                                      samples taken from Sherrill Drive                       series, approximately 15 inches of snow               at Burnt Mill Spring #6 during 1
                                                      Spring and East Spring in Rock Creek                    annually (https://www.sercc.com/                      sampling event). As discussed
                                                      Park. Values were similar for the two                   climateinfo/historical/avgsnowfall.html,              previously, urban runoff can decrease
                                                      sites, although East Spring had the                     last accessed August 10, 2016; https://               biotic richness and favor more
                                                      highest values for all heavy metals, with               www.currentresults.com/Weather/US/                    pollution-tolerant species in urban
                                                      the exception of zinc (Culver and Sereg                 washington-dc-snowfall-totals-snow-                   streams (Center for Watershed
                                                      2004, p. 65). Because the spring                        accumulation-averages.php, last                       Protection 2003, pp. 101–102). If the
                                                      sediments instead of water samples                      accessed 8/10/2106). The District of                  Potomac groundwater amphipod has a
                                                      were collected for heavy metal analysis,                Columbia Department of Public Works                   higher tolerance than Kenk’s amphipod
                                                      it is difficult to know whether the value               uses road salt and other salt products to             to poor water quality parameters, the
                                                      of the heavy metals measured in the                     pre- and post-treat road surfaces before              change in species’ composition
                                                      sediments exceed aquatic life standards                 and after ice and snowfall events (http://            discussed above in the Relative
                                                      in water or any published values for                    dpw.dc.gov/service/dc-snow-removal,                   Abundance section and below in Factor
                                                      freshwater amphipod species. Sources                    last accessed 8/10/2016). Studies have                E—Changes in Species Composition
                                                      of trace metals in an urban environment                 shown that the widespread use of salt to              could indicate that urban runoff is
                                                      may include vehicles, streets, parking                  deice roadways has led to regionally                  negatively affecting the Kenk’s
                                                      lots, snowpacks, and rooftops (Center                   elevated chloride levels equivalent to 25             populations at these spring sites. Water
                                                      for Watershed Protection 2003, p. 73).                  percent of the chloride concentration in              quality samples will be collected at
                                                         Nitrate levels as high as 30.8                       seawater during winter. The chloride                  these sites in 2016 and 2017 to better
                                                      milligrams per liter (mg/L) were also                   levels can remain high throughout the                 assess whether water quality parameters
                                                      found at Sherrill Drive Spring. There are               summer even in less urbanized                         exceed general EPA guidance values for
                                                      no aquatic life standards for nitrates                  watersheds due to long-term (e.g.,                    aquatic life.
                                                      issued by the Maryland Department of                    decades) accumulation of chloride in                     The NPS manages the surrounding
                                                      the Environment, the District of                        ground water (Kaushal et al. 2005, pp.                habitat at the four seepage spring sites
                                                      Columbia Department of the                              13518–13519).                                         supporting the Kenk’s amphipod in
                                                      Environment, or the U.S. Environmental                     At Coquelin Run Spring, ground                     Rock Creek Park. Conservation of park
                                                      Protection Agency (EPA). Therefore, we                  water pollution from yard chemicals                   resources is mandated by the National
                                                      reviewed the best available and relevant                and road runoff (e.g., road salts, oil)               Park Service Organic Act of 1916, which
                                                      guidance values from Minnesota,                         could be a concern for the species’ long-             requires the NPS ‘‘to conserve the
                                                      Canada, and New Zealand (Minnesota                      term viability. U.S. Geological Survey                scenery and the natural and historic
                                                      Pollution Control Agency 2010, p. 9;                    (USGS) research on water quality                      objects and the wildlife therein and to
                                                      Canadian Council of Ministers of the                    degradation in other urban areas                      provide for the enjoyment of the same
                                                      Environment 2012, p. 1; Hickey and                      indicates that chemicals enter                        in such manner and by such means as
                                                      Martin 2009, p. 20). Based on the                       waterways and ground water primarily                  will leave them unimpaired for the
                                                      comparison with available guidance, the                 through runoff from rain events and                   enjoyment of future generations.’’ It is
                                                      nitrate concentrations collected at                     these chemicals have commonly been                    also mandated by section 7 of the Rock
                                                      Sherrill Drive Spring (up to 30.8 mg/L)                 detected in streams and shallow ground                Creek Park enabling legislation of 1890,
                                                      exceeded the chronic aquatic life                       water (USGS 1999a, pp. 1–3; USGS                      which states that ‘‘such regulations shall
                                                      exposure criterion for nitrate (e.g., 2.4               1999b, p. 1; USGS 2001, p. 2; http://                 provide for the preservation from injury
                                                      mg/L to 4.9 mg/L) based on Minnesota,                   pubs.usgs.gov/fs/1998/fs007-98/                       and spoilation of all timber, animals, or
                                                      New Zealand, and Canada guidance                        index.html, last accessed 07/19/2016).                curiosities within said park, and their
                                                      values on three of the four sampling                    Although no water samples have been                   retention in their natural condition, as
                                                      events. It is not known how typical                     taken at the Coquelin Run Spring site,                nearly as possible.’’ These laws are
                                                      these concentrations are and if chronic                 it is separated from backyards in this                implemented through the NPS’s formal
                                                      exposure is occurring. The source of the                neighborhood by a narrow, wooded                      management policy that requires that
                                                      nitrate is unknown; nitrate could come                  riparian strip (less than 100 ft) (30 m)              management of candidate species
                                                      from runoff containing fertilizers or                   that slopes steeply down to the site.                 should, to the greatest extent possible,
                                                      animal waste or from sanitary sewer                     Therefore, the Coquelin Run Spring may                parallel the management of federally
                                                      leaks. There is a sanitary sewer line that              be at increased risk of exposure to                   listed species (D. Pavek, pers. comm.,
                                                      runs adjacent to the spring, and this                   chemical pollutants from the                          05/12/2011). While the NPS is utilizing
                                                      sewer line has leaked in the past (Feller               surrounding urban development.                        its regulatory authority to manage water
                                                      1997, p. 37; B. Yeaman, pers. comm.,                       The other four Washington                          quality concerns for the species within
                                                      06/02/2014).                                            metropolitan area sites (Burnt Mill                   Rock Creek Park, the agency has little
                                                         Chloride levels as high as 207 mg/L                  Spring #6, Holsinger Spring, East                     influence over the protection of or
                                                      were detected at Sherrill Drive Spring.                 Spring, and Kennedy Spring) have                      effects to any seep recharge areas
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Chronic concentrations of chloride as                   wider buffers than Sherrill Drive Spring              occurring outside park boundaries, and
                                                      low as 250 mg/L have been recognized                    and Coquelin Run Spring, with buffer                  over maintenance or repair of city-
                                                      as harmful to freshwater life (Canadian                 distances ranging from approximately                  owned infrastructure such as storm
                                                      Council of Ministers of the Environment                 272 ft (83 m) to 1,000 ft (305 m). East               water and sewer systems located near
                                                      2011, p. 1; https://www.epa.gov/wqc/                    Spring and Kennedy Spring had much                    the spring sites.
                                                      national-recommended-water-quality-                     lower conductivity and nitrate levels                    The NPS worked with the District of
                                                      criteria-aquatic-life-criteria-table, last              than Sherrill Drive Spring (Culver and                Columbia Department of Transportation
                                                      accessed 07/19/2016). Although we do                    Sereg 2004, pp. 55–58). Surveys                       (DCDOT) to incorporate the
                                                      not know the exact source of the                        conducted in 2015 and 2016 did not re-                construction of a storm sewer under


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                                                                            Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules                                           67279

                                                      Sherrill Drive into the design of the 16th              degrade a spring site’s value as habitat              Sewer Line Breaks and Spills
                                                      Street road reconstruction and storm                    for the Kenk’s amphipod.                                 The same riparian areas that contain
                                                      drainage project (B. Yeaman, pers.                         In the Washington metropolitan area,               the habitats of the Kenk’s amphipod are
                                                      comm., 05/19/2015), resulting in the                    excessive storm water flows are causing               among the principal areas where sewer
                                                      elimination of a major outfall at the                   significant habitat degradation at two                lines are located in the Washington
                                                      Sherrill Drive Spring site. However, as                 sites—Sherrill Drive Spring and                       metropolitan area (Feller 2005, p. 2).
                                                      discussed above, this effort has not                    Coquelin Run Spring. A washout at                     Most of these sewer lines are old (most
                                                      completely eliminated the documented                    Sherrill Drive Spring from 16th Street                installed between 1900 and 1930 in the
                                                      erosion and poor water quality concerns                 was observed in 2016 making it difficult              District of Columbia, and between 1941
                                                      at the site.                                            to find a seep to survey (D. Feller, pers.            and 1971 in Montgomery County, MD)
                                                         The NPS is communicating with
                                                                                                              comm., 06/15/2016). Coquelin Run                      and subject to periodic breakage and
                                                      DCDOT on the need to move the
                                                                                                              Spring is severely degraded by runoff                 leakage (Shaver 2011, entire; Kiely 2013,
                                                      sanitary sewer line adjacent to the
                                                                                                              from the surrounding Chevy Chase Lake                 entire). While there have been no
                                                      Sherrill Drive Spring out of Rock Creek
                                                                                                              Subdivision, where severe erosion was                 laboratory or field studies evaluating the
                                                      Park and into the neighborhood on the
                                                                                                              first observed at this site in 2006 (D.               effect of sewage leaks or spills on the
                                                      other side of 16th Street. If the line
                                                                                                              Feller, pers. comm., 07/01/2016). When                Kenk’s amphipod or the Potomac
                                                      cannot be moved, the alternative is to
                                                                                                              the site was first re-surveyed in 2016, a             groundwater amphipod, adverse effects
                                                      reline the existing pipe to prevent
                                                                                                              plastic underground pipe several inches               of sewage contamination on amphipods
                                                      further leakage (B. Yeaman, pers.
                                                      comm., 07/11/2016). In addition, the                    in diameter was observed less than 1 ft               and other invertebrates have been
                                                      Service, NPS, and the District of                       (0.3 m) from the original seep (D. Feller,            documented by several researchers. For
                                                      Columbia Department of the                              pers. comm., 02/27/2016; D. Feller, pers.             instance, Simon and Buikema (1977,
                                                      Environment have worked cooperatively                   comm., 05/27/2016), which may have                    entire) studied a karst ground water
                                                      to obtain funding for best management                   been an attempt to address water flow                 system and found that amphipods were
                                                      practices (reducing erosion and                         and erosion at the site. Erosion was still            absent from ground water pools
                                                      increasing infiltration) on two                         evident during the 2016 surveys and it                polluted by septic system effluent. The
                                                      tributaries flowing into the drainage of                was difficult for MDDNR to find a                     authors reported that the highest
                                                      Kennedy Street Spring, which supports                   flowing seep (D. Feller, pers. comm., 02/             densities of Virginia cave isopods were
                                                      both the Kenk’s amphipod and the                        27/2016). A small flow was observed in                found in pools that were slightly and
                                                      federally endangered Hay’s Spring                       May 2016, but was located several feet                moderately polluted from septic
                                                      amphipod. Project funding was                           above the original seep documented in                 systems, whereas an amphipod,
                                                      approved in January of 2015, and                        2006. Plastic sheet material was also                 Stygobromus makini (southwestern
                                                      implementation, which includes                          observed under this uphill seep (D.                   Virginia cave amphipod), was absent
                                                      construction of bioretention basins and                 Feller, pers. comm., 05/25/2016), which               from all polluted pools. de-la-Ossa-
                                                      infiltration berms, is to be completed by               may have been an attempt to address                   Carretero et al. (2012, p. 137) stated that,
                                                      November 2017.                                          water flow and erosion at the site. It is             as an Order, amphipods were generally
                                                         In Virginia, poor water quality may                  unknown what affect the pipe or plastic               sensitive to sewage pollution, but that
                                                      not be affecting the species at the Fort                may have on the long-term hydrology of                there are substantial differences in
                                                      A.P. Hill because the sites are                         the site.                                             sensitivity between amphipod species
                                                      substantially buffered by currently                        Erosion from storm water flows has                 (de-La-Ossa-Carretero et al. 2012, p.
                                                      undeveloped property.                                   also been observed at the other four                  129).
                                                         Summary of Water Quality—In total,                   springs in Rock Creek Park, but not to                   Releases of large volumes of sewage
                                                      poor water quality is believed to be a                  the extent that it has been observed at               (up to 2 million gallons (gal)) from
                                                      significant or contributing stressor at all             Sherrill Drive and Coquelin Run                       sanitary sewer leaks have occurred in
                                                      six of the Washington metropolitan area                 springs. It is unknown how much                       the District of Columbia and
                                                      sites (i.e., 60 percent of the total known              chronic or acute erosion and                          Montgomery County, MD. Distances of
                                                      sites). Water quality in this area is                   sedimentation causes a site to become                 seep sites to nearby upslope sewer lines
                                                      expected to worsen due to significant                   unsuitable for the Kenk’s amphipod;                   are shown in table 2 below. Based on
                                                      runoff events from anticipated increases                however, Culver and Sereg (2004, p. 69)               these distances, Coquelin Run Spring,
                                                      in both winter and spring precipitation                 found that sediment transported by                    Burnt Mill Spring #6, and Sherrill Drive
                                                      and the frequency of high intensity                     storm runoff results in the degradation               Spring are most vulnerable to sewage
                                                      storms. See Factor A—Excessive Storm                    of ground water animals’ habitat by                   spills (see table 2 below). As mentioned
                                                      Water Flows and Factor E—Effects of                     clogging the interstices of gravels in the            above, a sanitary sewer line located
                                                      Climate Change sections below for more                  spring seep, thereby preventing the                   nearby Sherrill Drive Spring has been
                                                      details.                                                species from using those interstitial                 described as structurally unsound and is
                                                                                                              spaces for shelter. It is uncertain to what           subject to leakage (Feller 1997, p. 37; B.
                                                      Excessive Storm Water Flows                                                                                   Yeaman, pers. comm., 06/02/2014; B.
                                                                                                              extent Kenk’s amphipod uses those
                                                        Runoff from impervious surfaces after                 interstitial spaces, but if they do, then             Yeaman, pers. comm., 02/24/15).
                                                      heavy rain events can result in flooding                it is plausible that this type of                        Over the 10-year period from 2005
                                                      (Frazer 2005, p. 4; http://                                                                                   through 2015, the Washington Suburban
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                                                                              sedimentation would cause the habitat
                                                      www.nbcwashington.com/traffic/transit/                  to become unsuitable for the species.                 Sanitary Commission (WSSC) has
                                                      Metro-Station-Flooding-Nearby-Parking-                                                                        documented approximately 38 leaks of
                                                      Lot-Expansion-Could-Be-Part-of-Cause-                      At the Virginia sites, we have no                  more than 1,000 gal in the Rock Creek
                                                      384015451.html; last accessed 06/24/                    information indicating excessive storm                drainage and 15 leaks of more than
                                                      16). Flash flooding can also result in                  water flows may affect the species.                   1,000 gal in the Northwest Branch in
                                                      erosion and sedimentation (Center for                      Summary of Excessive Storm Water                   Montgomery County. During the same
                                                      Center for Watershed Protection 2003,                   Flows—Excessive storm water flows are                 period there were 136 leaks of more
                                                      pp. 30–33), which, if it occurs in the                  a concern at 60 percent (6 of 10) of the              than 100 gal in the Rock Creek drainage
                                                      catchment area, can subsequently                        species’ sites.                                       and 51 leaks of more than 100 gal in the


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                                                      67280                      Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules

                                                      Northwest Branch in Montgomery                                   Water Chief Executive Officer has stated                    result in two dozen sewer spills every
                                                      County (WSSC 2015). The District of                              that half the District’s 1,800 mi (2,896                    year (Olivio 2015). The frequency of
                                                      Columbia does not have such detailed                             km) of sewer lines are at least 84 years                    spills is likely to increase in the future
                                                      records, but the District of Columbia                            old and has estimated that faulty pipes                     as the sewer lines continue to age.

                                                                                             TABLE 2—SEWER AND WATER LINES NEAR KENK’S AMPHIPOD SPRINGS
                                                                                                                                              Diameter in                                                                          Distance from
                                                             Site name                       Location                    Pipe type              inches              Year installed                     Pipe material               spring in feet
                                                                                                                                                  (″)                                                                                    (′)

                                                      Sherrill   Drive   Spring       Rock   Creek   Park   ...    Sanitary Sewer ......                  12    1924    .......................    unknown ................                   10
                                                      Sherrill   Drive   Spring       Rock   Creek   Park   ...    Sanitary Sewer ......                  12    1926    .......................    unknown ................                  200
                                                      Sherrill   Drive   Spring       Rock   Creek   Park   ...    Storm Sewer ..........                 30    1958    .......................    unknown ................                   30
                                                      Sherrill   Drive   Spring       Rock   Creek   Park   ...    Storm Sewer ..........                 24    1933    .......................    unknown ................                   60
                                                      Sherrill   Drive   Spring       Rock   Creek   Park   ...    Storm Sewer ..........                 15    1949    .......................    unknown ................                  120
                                                      Sherrill   Drive   Spring       Rock   Creek   Park   ...    Water Transmission                     30    1955    .......................    PCCP Lined Cyl-                           130
                                                                                                                     Main.                                                                           inder.
                                                      Sherrill Drive Spring           Rock Creek Park ...          Water Distribution                     12    1919 .......................       cast iron .................               155
                                                                                                                     Main.
                                                      East   Spring   .............   Rock   Creek   Park   ...    Storm Sewer ..........                 18    unknown ................           unknown      ................             475
                                                      East   Spring   .............   Rock   Creek   Park   ...    Sanitary Sewer ......                  10    1925 .......................       unknown      ................             658
                                                      East   Spring   .............   Rock   Creek   Park   ...    Sanitary Sewer ......                  10    1911 .......................       unknown      ................             750
                                                      East   Spring   .............   Rock   Creek   Park   ...    Water Distribution                      6    1921 .......................       cast iron   .................             560
                                                                                                                     Main.
                                                      East Spring .............       Rock Creek Park ...          Water Distribution                       8   1911 .......................       cast iron .................               740
                                                                                                                     Main.
                                                      Kennedy Street                  Rock Creek Park ...          Sanitary Sewer ......                  10    1911 .......................       unknown ................                  900
                                                        Spring.
                                                      Kennedy Street                  Rock Creek Park ...          Storm Sewer ..........                 21    1931 .......................       unknown ................                 1300
                                                        Spring.
                                                      Kennedy Street                  Rock Creek Park ...          Sanitary Sewer ......                  10    1911 .......................       unknown ................                 1350
                                                        Spring.
                                                      Kennedy Street                  Rock Creek Park ...          Water Distribution                       8   1911 .......................       cast iron .................               860
                                                        Spring.                                                      Main.
                                                      Kennedy Street                  Rock Creek Park ...          Water Distribution                       8   1912 .......................       cast iron .................              1357
                                                        Spring.                                                      Main.
                                                      Coquelin Run                    Montgomery Coun-             Gravity sewer pipe                       8   1954 .......................       unknown ................                  220
                                                        Spring.                        ty, MD.
                                                      Coquelin Run                    Montgomery Coun-             Water pipe .............                 8   1954 (lined 1995) ...              cast iron or sand                         205
                                                        Spring.                        ty, MD.                                                                                                       spun.
                                                      Coquelin Run                    Montgomery Coun-             Water pipe .............                 4   unknown ................           ductile iron .............                213
                                                        Spring.                        ty, MD.
                                                      Coquelin Run                    Montgomery Coun-             Water pipe .............                 8   1954 (lined 1995) ...              cast iron or sand                         232
                                                        Spring.                        ty, MD.                                                                                                       spun.
                                                      Burnt Mill Spring #6            Montgomery Coun-             Gravity sewer pipe                       6   unknown ................           cast iron .................               186
                                                                                       ty, MD.
                                                      Burnt Mill Spring #6            Montgomery Coun-             Gravity sewer pipe                       8   unknown ................           unknown ................                  383
                                                                                       ty, MD.
                                                      Burnt Mill Spring #6            Montgomery Coun-             Water pipe .............                 6   1959 .......................       cast iron or sand                         394
                                                                                       ty, MD.                                                                                                       spun.
                                                      Holsinger Spring .....          Rock Creek Park ...          Storm Sewer ..........                 36    1931 .......................       unknown ................                 1875
                                                      Holsinger Spring .....          Rock Creek Park ...          Sanitary Sewer ......                  18    1908 .......................       unknown ................                 1925
                                                      Holsinger Spring .....          Rock Creek Park ...          Water Distribution                      6    1898 .......................       cast iron .................              1885
                                                                                                                     Main.



                                                        At the Virginia sites, we have no                              Washington metropolitan area,                               affected by the flood and subsequent
                                                      information indicating sewer pipelines                           including at areas near but not directly                    erosion caused by this burst pipe.
                                                      may affect the species.                                          at a specific Kenk’s amphipod seep site.                       The exposure risk of bursting water
                                                        Summary of Sewer Line Spills—In                                For example, a 60-in (152.4-cm) water                       pipes at locations that could affect
                                                      total, sewer line breaks and spills are a                        main broke at the Connecticut Avenue                        Kenk’s amphipod sites is increasing
                                                      concern at 30 percent (3 of 10) of the                           crossing of Coquelin Run in 2013,                           given the age of the water pipe
                                                      species’ sites.                                                  releasing 60 million gal of water and                       infrastructure (see table 2 above). As an
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                                                                                       scouring out a 500-ft (152.4-m) length of                   example, there is one very-large-
                                                      Water Pipe Breaks
                                                                                                                       the creek (Dudley et al. 2013, entire).                     diameter (30-in (76-cm)) water pipe
                                                        Bursting of large-diameter water pipes                         The Coquelin Run Spring site is on a                        within 130 ft (39.6 m) of Sherrill Drive
                                                      can cause significant erosion of                                 small tributary that flows into Coquelin                    Spring that was installed more than 60
                                                      surrounding areas as a result of the large                       Run, about a quarter mile downstream                        years ago. The significant erosion
                                                      volume of fast-moving water that exits                           of the aforementioned severely damaged                      resulting from a large break, should the
                                                      the pipe at the break point. Bursting                            section of the creek bed and, due to its                    break occur near Kenk’s amphipod
                                                      water pipes and the resulting erosion                            elevation above Coquelin Run, was not                       habitat, could eliminate the seep and all
                                                      has been documented within the                                                                                               associated amphipods.


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                                                                                   Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules                                                        67281

                                                         The best available data indicate that                          provides leaf litter for food. Timber                     documented at Sherrill Drive Spring but
                                                      there are smaller pipes near three of the                         harvests and other forest management                      is likely affecting all six sites in the
                                                      sites (Sherrill Drive Spring, Burnt Mill                          activities such as timber stand                           Washington metropolitan area, whereas
                                                      #6 Spring, Coquelin Run Spring) (WSSC                             improvement, prescribed burns, and                        the Virginia sites are not thought to be
                                                      GIS Web site, http://                                             possible pesticide application for forest-                affected by poor water quality because
                                                      gisweb.wsscwater.com/WERI/Account/                                destroying pests such as gypsy moths                      of the larger forested buffers on Fort
                                                      Login?ReturnUrl=%2fweri, last accessed                            may occur in the general vicinity of the                  A.P. Hill.
                                                      12/21/2015) (see table 2 above).                                  springs (Fort A.P. Hill 2016, pp. 751–                       Excessive storm water runoff from
                                                      Although less likely to eliminate habitat                         754). Fort A.P. Hill has included a 100-                  heavy rain events can result in flooding,
                                                      of springs, breakage of smaller pipes                             ft (30.5-m) buffer around the springs in                  which can cause erosion and
                                                      (less than 1 ft (0.3 m) in diameter) is                           the installation’s Integrated Natural                     sedimentation. Habitat degradation due
                                                      even more frequent (Water Research                                Resources Management Plan (INRMP)                         to excessive storm water flows is having
                                                      Foundation 2016, p. 2) and still may                              (2016, pp. 9–22), but it is unknown                       significant effects at two sites—Sherrill
                                                      result in erosion or sedimentation at the                         whether this buffer distance is sufficient                Drive Spring and Coquelin Run
                                                      spring site. Coquelin Run Spring is                               to protect the sites and recharge areas                   Spring—but has also been observed at
                                                      within 250 ft of a 6- to 8-in (15- to 20-                         from all of the activities (e.g., forest                  the other four springs in Rock Creek
                                                      cm) water pipe installed in 1954 (WSSC                            management, live-fire exercises)                          Park, and may increase in the future. At
                                                      GIS Web site). Given the overall age of                           outlined in the INRMP. However, staff                     the Virginia sites, we have no
                                                      the infrastructure and the District of                            at Fort A.P. Hill have indicated a                        information indicating excessive storm
                                                      Columbia and Maryland utilities’                                  willingness to work with the Service to                   water flows may affect the species.
                                                      inability to keep up with the needed                              delineate recharge areas based on                            Sewer and water line breaks and leaks
                                                      replacements (Shaver 2011, entire; Kiely                          topography, and, if needed, institute                     are a concern at the Washington
                                                      2013, entire), additional breaks are                              more protective buffers (J. Applegate,                    metropolitan area sites because most of
                                                      predicted to occur.                                               pers. comm., 06/15/2016).                                 them are located in the same riparian
                                                         At the Virginia sites, we have no                                 Summary of Factor A—Habitat                            areas that contain the habitats of the
                                                      information indicating water pipeline                             modification, in the form of degraded                     Kenk’s amphipod. While leaks and
                                                      breaks may affect the species.                                    water quality and quantity, is one of the                 breaks of these pipelines have not yet
                                                         Summary of Water Pipe Breaks—In                                primary drivers affecting Kenk’s                          been known to directly affect the
                                                      total, large water pipeline breaks are a                          amphipod viability, despite the                           species or its habitat, the pipeline
                                                      concern at 10 percent (1 of 10) of the                            discussed ongoing conservation                            systems are subjected to chronic leaks
                                                      species’ sites, while smaller water                               measures. Reductions in water quality                     and breaks, the frequency of which is
                                                      pipeline breaks are a concern for 30                              are occurring primarily as a result of                    likely to increase given the age of the
                                                      percent (3 of 10) of the sites.                                   urbanization, which increases the                         infrastructure, and thus the exposure
                                                                                                                        amount of impervious cover in the                         risk of the species to this stressor will
                                                      Other Habitat Considerations                                      watersheds surrounding Kenk’s                             continue to increase. Coquelin Run
                                                         Compared to the stressors to the                               amphipod sites. Impervious cover                          Spring, Burnt Mill Spring #6, and
                                                      Kenk’s amphipod habitat in the                                    increases storm water flow velocities                     Sherrill Drive Spring are most
                                                      Washington metropolitan area, the                                 and increases erosion and                                 vulnerable to sewage spills and water
                                                      stressors to the species’ habitat at Fort                         sedimentation. Impervious cover can                       pipe breaks due to the pipe’s proximity
                                                      A.P. Hill are likely minimal. Little or no                        also increase the transport of                            to each site and the age of the pipes. At
                                                      development is expected to occur near                             contaminants and nutrients common in                      the Virginia sites, we have no
                                                      the spring sites (J. Applegate, pers.                             urban environments, such as heavy                         information indicating sewer or water
                                                      comm., 05/5/2016). However, military                              metals (zinc, cadmium), nitrogen,                         pipeline breaks may affect the species.
                                                      training exercises may be conducted in                            phosphorus, and fecal coliform bacteria.                     Potential stressors to Kenk’s
                                                      areas surrounding the springs, which                              The Washington metropolitan area sites                    amphipod habitat are lesser in scope
                                                      may result in disturbance of the spring                           have narrow riparian buffers separating                   and severity at Fort A.P. Hill, as
                                                      recharge areas. Live-fire exercises may                           them from the surrounding                                 opposed to the Washington
                                                      result in uncontrolled burns that reduce                          development, increasing the sites’                        metropolitan area habitat, and are
                                                      canopy cover that shades the seep sites,                          exposure to poor water quality runoff.                    associated with disturbance to the
                                                      moderates water temperature, and                                  Poor water quality has been                               surface habitat.
                                                                                              TABLE 3—RELATIVE VULNERABILITY OF KENK’S AMPHIPOD SEEP HABITAT SITES
                                                                 Site name                            Location                            Current seep status                       Current biological status of the Kenk’s amphipod

                                                      Sherrill Drive Spring ...........        Rock Creek Park, Wash-     Approximately 50′ to road, documented decrease in       Extirpated? Not found in recent surveys. No other
                                                                                                 ington, DC.                water quality (chemical and sedimentation), within      Stygobromus present. Last detected 2001 (8 sur-
                                                                                                                            10′ of 1924 sewer pipe and 130′ of 1955 30″             veys since and none found).
                                                                                                                            water pipe.
                                                      East Spring .........................    Rock Creek Park, Wash-     Approximately 300–500′ buffer of protected forest,      Unknown. Not found in recent surveys but other
                                                                                                ington, DC.                 within 560′ of 6–8″ 1921 water pipe.                    Stygobromus present. Last detected 2001 (7 sur-
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                                                                                                                                                    veys in 2015–2016 and none found).
                                                      Kennedy Street Spring .......            Rock Creek Park, Wash-     Approximately 500′ buffer of protected forest, within   Unknown. Not found in recent surveys but other
                                                                                                 ington, DC.                860′ of 6–8″ 1911 water pipe.                           Stygobromus present. Last detected 2001 (5 sur-
                                                                                                                                                                                    veys since and none found).
                                                      Holsinger Spring .................       Rock Creek Park, Wash-     Approximately 700–1,000′ buffer of protected forest     Historical? Not documented since 1967. 1 survey in
                                                                                                 ington, DC.                                                                        2003 and 3 surveys in 2015 and none found.
                                                      Burnt Mill Spring #6 ............        Northwest Branch Park,     In county park protected from further development,      Unknown. Not found in recent surveys but other
                                                                                                 Montgomery County,         within 186′ of unknown age sewer pipe and 394′          Stygobromus present. Last detected in 2005 (10
                                                                                                 MD.                        of 6–8″ 1959 water pipe.                                surveys since and none found).




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                                                      67282                         Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules

                                                                                TABLE 3—RELATIVE VULNERABILITY OF KENK’S AMPHIPOD SEEP HABITAT SITES—Continued
                                                                  Site name                            Location                             Current seep status                        Current biological status of the Kenk’s amphipod

                                                      Coquelin Run Spring ..........           Private land, Montgomery     Erosion problems are already apparent, site has          Present in upslope portion of seep (1 individual
                                                                                                 County, MD.                  been modified with a plastic pipe and plastic ma-        found in last survey); lower portion has some ero-
                                                                                                                              terial, and riparian forest is very narrow, within       sion and species absent in recent surveys (3 sur-
                                                                                                                              220′ of 1952 sewer pipe and 250′ of 6–8″ 1954            veys and none found).
                                                                                                                              water pipe.
                                                      Fort A.P. Hill .......................   Department of Defense,       Good habitat quality, sites unaffected by urbaniza-      Recently discovered. 1 individual each found at
                                                      (4 seeps) ............................     Caroline County, VA.         tion. Military exercises and forest management           Upper Mill 2, Mill 4, and Mount 2; 4 individuals
                                                                                                                              could affect surface habitat if protective areas en-     found at Mill 5.
                                                                                                                              compassing the recharge area are not estab-
                                                                                                                              lished and implemented.



                                                      Factor B. Overutilization for                                       p. 2) to be nondetrimental to the                          genetic drift, potentially increasing their
                                                      Commercial, Recreational, Scientific, or                            populations.                                               susceptibility to inbreeding depression,
                                                      Educational Purposes                                                                                                           and reducing the fitness of individuals
                                                                                                                          Factor C. Disease or Predation
                                                                                                                                                                                     (Soule 1980, pp. 157–158; Hunter 2002,
                                                         Overutilization is not known to be a                                We have no information that indicates                   pp. 162–163; Allendorf and Luikart
                                                      factor affecting the Kenk’s amphipod.                               that either disease or predation is                        2007, pp. 117–146). Small population
                                                      The Kenk’s amphipod is a Maryland                                   affecting the Kenk’s amphipod.                             sizes and inhibited gene flow between
                                                      State endangered species under its                                                                                             populations may increase the likelihood
                                                                                                                          Factor D. The Inadequacy of Existing
                                                      Nongame and Endangered Species                                                                                                 of local extirpation (Gilpin and Soulé
                                                                                                                          Regulatory Mechanisms
                                                      Conservation Act (Section 10–2A–01–09                                                                                          1986, pp. 32–34). With the exception for
                                                      of the Maryland Code). This designation                               The following existing regulatory                        the Mount Creek #2 and Mount Creek #5
                                                      makes ‘‘taking, possession,                                         mechanisms were specifically                               populations at Fort A.P. Hill, which are
                                                      transportation, exportation, processing,                            considered and discussed as they relate                    separated by only approximately 360 ft
                                                      sale, offer for sale, or shipment within                            to the stressors, under the applicable                     (110 m), all the other populations of the
                                                      the State’’ of a State-listed species                               Factors, affecting the Kenk’s amphipod:                    Kenk’s amphipod are isolated from
                                                      unlawful. Kenk’s amphipod is                                        The CWA’s National Pollutant                               other existing populations and known
                                                      considered a species of greatest                                    Discharge Elimination System, Rock                         historical habitats by long distances,
                                                      conservation need in the District of                                Creek Park enabling legislation of 1890,                   inhospitable upland habitat, and terrain
                                                      Columbia’s State Wildlife Action Plan                               and National Park Service Organic Act                      that creates barriers to amphipod
                                                      (http://doee.dc.gov/sites/default/files/                            of 1916 (Factor A) and Nongame and                         movement. The level of isolation and
                                                      dc/sites/ddoe/service_content/                                      Endangered Species Conservation Act                        the restricted range seen in this species,
                                                                                                                          (Factor B). In Factor A we conclude that                   based on our current knowledge of
                                                      attachments/03%202015%
                                                                                                                          habitat modification, in the form of                       known habitat, make natural
                                                      20WildlifeActionPlan%20%20Ch2%
                                                                                                                          degraded water quality and quantity, is                    repopulation of historical habitats (e.g.,
                                                      20SGCN.pdf; last accessed 8/10/2016),
                                                                                                                          one of the primary drivers affecting                       the District of Columbia sites and Burnt
                                                      but this status does not confer any
                                                                                                                          Kenk’s amphipod viability. In Factor B                     Mill Spring #6 where the species’
                                                      regulatory protection; the species is not                           we conclude that overutilization is not
                                                      State-listed in Virginia.                                                                                                      presence has not been recently
                                                                                                                          known to be affecting the species. There                   confirmed) and other potentially
                                                         Distribution surveys for the species                             are no existing regulatory mechanisms                      suitable habitat virtually impossible
                                                      are coordinated with the Service and,                               to address the stressors affecting the                     without human intervention.
                                                      where required, collection is permitted                             species under Factor E (see below).
                                                      through the Service, NPS, and the                                                                                              Effects of Climate Change
                                                                                                                          Factor E. Other Natural or Manmade
                                                      MDDNR. Whether specifically permitted                                                                                             Climate change may result in changes
                                                                                                                          Factors Affecting Its Continued
                                                      or not, all amphipod surveys are                                                                                               in the amount and timing of
                                                                                                                          Existence
                                                      conducted using consistent                                                                                                     precipitation, the frequency and
                                                      methodology and collection protocols.                               Small Population Dynamics                                  intensity of storms, and air
                                                      The target species of Stygobromus is                                  The observed small size of each of the                   temperatures. All of these changes could
                                                      collected based on size, and the number                             10 Kenk’s amphipod populations makes                       affect the Kenk’s amphipod and its
                                                      of individuals collected at each spring                             each one vulnerable to natural                             habitat. The amount and timing of
                                                      has been limited to 10 or fewer                                     environmental stochasticity and human-                     precipitation influence spring flow,
                                                      individuals in the target species’ size                             caused habitat disturbance, including                      which is an important feature of the
                                                      range. However, the Service has allowed                             relatively minor impacts in their spring                   habitat of this groundwater species.
                                                      larger numbers to be collected during                               recharge areas. Each population is also                    Also, the frequency and intensity of
                                                      2016 surveys in the Washington                                      vulnerable to demographic stochasticity,                   storms affects the frequency, duration,
                                                      metropolitan area since none of the                                 including loss of genetic variability and                  and intensity of runoff events, and
                                                      specimens of appropriate size collected                             adaptive capacity. Unless the                              runoff transport of sediment and
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      in the 2015 surveys have been identified                            populations are larger than we know or                     contaminants (see Factor A above) into
                                                      to be Kenk’s amphipod. These protocols                              are hydrologically connected such that                     catchment areas of Kenk’s amphipod
                                                      are followed to minimize effects to the                             individuals can move between sites, we                     sites, especially in the Washington
                                                      species. Because the occurrence of                                  conclude that these small populations                      metropolitan area, where there is a
                                                      subterranean invertebrates at spring                                are vulnerable to the effects of small                     substantial amount of impervious cover
                                                      emergence sites likely represents only a                            population dynamics.                                       in close proximity to the habitat. Below
                                                      portion of the actual underground                                     Species that are restricted in range                     we discuss the best available climate
                                                      population, the Service has considered                              and population size are more likely to                     predictions for the areas supporting the
                                                      the collecting procedures (Feller 1997,                             suffer loss of genetic diversity due to                    Kenk’s amphipod.


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                                                                            Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules                                         67283

                                                         The 2014 National Climate                            amphipod, there are studies of other                  evaporation and earlier winter and
                                                      Assessment (Melillo et al. 2014, entire)                amphipod species that indicate                        spring snowmelt. Droughts could result
                                                      predicts increasing ambient                             sensitivity to elevated temperatures,                 in drying up of spring sites, while the
                                                      temperatures, increasing winter and                     exhibited by reduced or eliminated egg                increase in heavy downpours could
                                                      spring precipitation, increasing                        survival at water temperatures above                  result in erosion and sedimentation of
                                                      frequency of heavy downpours, and                       75 °F (24 °C) to 79 °F (26 °C) (Pockl and             sites. Ambient air temperature has
                                                      increasing summer and fall drought risk                 Humpesch 1990, pp. 445–449).                          increased by 3 °F (1.7 °C) since 1960,
                                                      as higher temperatures lead to greater                    In summary, it is highly probable that              and is expected to increase by 10 °F
                                                      evaporation and earlier winter and                      by the 2080s some increase in ground                  (5.6 °C) by the 2080s. It is highly
                                                      spring snowmelt (Horton et al. 2014, p.                 water temperatures will occur at sites                probable that by the 2080s some
                                                      374 In Melillo et al. 2014). These                      occupied by the Kenk’s amphipod, but                  increase in ground water temperatures
                                                      droughts may result in the drying up of                 the magnitude and significance of these               will occur at sites occupied by the
                                                      springs and mortality of the Kenk’s                     changes is difficult to predict.                      Kenk’s amphipod, but the magnitude
                                                      amphipod, while the increase in heavy                   Change in Species Composition                         and significance of these changes is
                                                      downpours will likely result in                                                                               difficult to predict.
                                                      increased runoff and resulting erosion of                  At most of the Washington
                                                                                                              metropolitan area sites supporting the                Cumulative Effects
                                                      surface features at spring sites, based on
                                                      previously documented events. The                       Kenk’s amphipod, numbers of the                          Many of the factors discussed above
                                                      2014 National Climate Assessment                        Potomac groundwater amphipod, which                   are cumulatively and synergistically
                                                      further indicates that overall warming in               is the most widely distributed and                    affecting the Kenk’s amphipod. For
                                                      the Northeast, including Maryland and                   abundant Stygobromus species in the                   example, Kenk’s amphipod habitat can
                                                                                                              lower Potomac drainage (Kavanaugh                     be degraded by storm water runoff,
                                                      the District of Columbia, but not
                                                                                                              2009, p. 6), have increased as numbers                which is likely to increase with more
                                                      Virginia, will be from 3 to 10 degrees
                                                                                                              of observed Kenk’s amphipod have                      frequent and intense storms and
                                                      Fahrenheit (°F) (1.7 to 5.6 degrees
                                                                                                              declined (D. Feller, pers. comm., 03/16/              precipitation levels in the future.
                                                      Celsius (°C)) by the 2080s (Horton et al.
                                                                                                              2016; D. Feller, pers. comm., 04/22/                  Species with larger populations are
                                                      2014, p. 374 In Melillo et al. 2014).
                                                                                                              2016). The exact cause of this change is              naturally more resilient to the stressors
                                                         Data specific to the District of                     not known, but it may be an indication                affecting individuals or local
                                                      Columbia from NOAA’s National                           that some stressor has led to a                       occurrences, while smaller populations
                                                      Climate Data Center (http://                            competitive advantage for the Potomac                 or individuals are more susceptible to
                                                      www.ncdc.noaa.gov/cag/time-series/us/                   groundwater amphipod (Culver et al.                   demographic or stochastic events.
                                                      49/USW00093738/tavg/1/5/1895-                           2012, p. 29). Other than at Coquelin Run              Below we discuss the Kenk’s
                                                      2016?base_prd=true&firstbase                            Spring, there are no obvious physical                 amphipod’s viability as expressed
                                                      year=1901&lastbase                                      changes at these sites indicating a cause             through the conservation biology
                                                      year=2000&trend=true&trend_                             for the decline. However, as described                principles of representation,
                                                      base=10&firsttren                                       above in Factor A, impaired water                     redundancy, and resiliency, which
                                                      dyear=1895&lasttrendyear=2016, last                     quality could favor a more common                     illustrate how the cumulative and
                                                      accessed 07/20/2016) shows that the                     species over a rare species. Culver and               synergistic effects are affecting the
                                                      average annual air temperature in the                   Sereg (2004, pp. 72–73) indicated that                species as a whole.
                                                      District of Columbia area has already                   there is a possibility that the Kenk’s                   Redundancy—The species has some
                                                      increased by approximately 3 °F (1.7 °C)                amphipod is a poor competitor with                    redundancy given its known
                                                      from 1960, the decade corresponding to                  other Stygobromus species, which may                  distribution is 10 sites across 3
                                                      the first Kenk’s amphipod surveys, to                   be a factor promoting the Kenk’s                      municipal jurisdictions and multiple
                                                      2015. This higher rate of change in the                 amphipod’s natural rarity, and that in                streams. For example, the isolation of
                                                      District of Columbia area may be due to                 cave locations Stygobromus species                    the two Montgomery County, MD,
                                                      the urban heat island effect (Oke 1995,                 strongly compete with each other. While               populations from other Washington
                                                      p. 187), which is an increase in ambient                the Kenk’s amphipod may have always                   metropolitan area populations and their
                                                      temperature due to heating of                           been naturally rare, we conclude that                 occurrence along different tributary
                                                      impervious surfaces. This activity also                 the species may be getting rarer due to               streams make it unlikely that a single
                                                      results in an increase in temperature of                the stressors discussed above.                        catastrophic adverse event (e.g., a spill)
                                                      rainwater that falls on heat-absorbing                     Summary of Factor E—Small                          will eliminate more than one occurrence
                                                      roads and parking lots. A sudden                        population size at all of the sites makes             at a time. In addition, the Virginia sites
                                                      thunderstorm striking a parking lot that                each one of them vulnerable to natural                occur in two stream areas, Mill Creek
                                                      has been sitting in hot sunshine can                    environmental stochasticity and human-                and Mount Creek, making it unlikely
                                                      easily result in a 10 °F (5.6 °C) increase              caused habitat disturbance, including                 that a single military training event or
                                                      in the rainfall temperature. Menke et al.               relatively minor impacts in their spring              other catastrophic event will eliminate
                                                      (2010, pp. 147–148) showed that these                   recharge areas. The small size and                    more than one occurrence at a time.
                                                      temporary increases in temperature of                   isolation of sites also make each                        Representation—Based on the
                                                      storm water can still result in a shift in              population vulnerable to demographic                  information about historical changes to
                                                      the biotic community composition and                    stochasticity, including loss of genetic              the landscape across the Washington
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      even accelerate changes in species                      variability and adaptive capacity.                    metropolitan area, we conclude it is
                                                      distributions. Based on the work of                        The best available climate data                    likely that the species’ historical
                                                      Menberg et al. (2014, entire), we expect                indicate that the areas supporting the                distribution was larger than the current
                                                      these changes in air temperature to be                  Kenk’s amphipod will see increasing                   distribution; therefore, the species may
                                                      reflected in the temperature of the                     ambient temperatures, increasing winter               have previously experienced a
                                                      shallow ground water within a few                       and spring precipitation, increasing                  significant loss in representation. Also,
                                                      years, but at a lower magnitude. While                  frequency of heavy downpours, and                     because we do not yet have any
                                                      we do not have specific temperature                     increasing summer and fall drought risk               information on the genetics of these
                                                      tolerance information for the Kenk’s                    as higher temperatures lead to greater                populations, we cannot determine


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                                                      67284                 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules

                                                      whether the species possesses a single                  rainfall events, due to the effects of                information, we propose listing the
                                                      genetic identity or has genetic                         climate change (Factor E). In addition,               Kenk’s amphipod as endangered in
                                                      variability across populations.                         all 10 sites are characterized by small               accordance with sections 3(6) and
                                                      Therefore, we conclude that the species’                numbers of the Kenk’s amphipod that                   4(a)(1) of the Act. We find that a
                                                      representation has likely been reduced,                 appear to be declining and affected by                threatened species status is not
                                                      and may currently be limited.                           the inherent vulnerabilities associated               appropriate for the Kenk’s amphipod
                                                         Resiliency—Given the range of the                    with small population dynamics (Factor                based on the high magnitude and
                                                      species, the small number of seeps and                  E). Overutilization (Factor B), disease               imminence of the threats across the
                                                      individuals at those seeps, and each                    (Factor C), and predation (Factor C) are              species’ range. If additional Kenk’s
                                                      seep’s vulnerability to stressors, the                  not considered threats to the Kenk’s                  amphipod sites are found and those
                                                      Kenk’s amphipod’s overall resiliency is                 amphipod. The existing regulatory                     sites are individually resilient and add
                                                      low. Based on the best available data,                  mechanisms (Factor D) for the stressors               to the species’ overall representation,
                                                      we conclude that the stressors to the                   and threats affecting the species have                redundancy, and resiliency, then a
                                                      species are not decreasing and, in most                 been evaluated under Factors A, B, and                threatened species status may be
                                                      cases, are expected to increase in the                  E. While the Kenk’s amphipod has some                 appropriate at that time.
                                                      future. Furthermore, the small size of                  redundancy and representation, the                       Under the Act and our implementing
                                                      each of the 10 habitat areas makes each                 resiliency of each individual site is                 regulations, a species may warrant
                                                      population vulnerable to natural                        compromised, making the species’                      listing if it is endangered or threatened
                                                      environmental stochasticity and human-                  overall resiliency low.                               throughout all or a significant portion of
                                                      caused habitat disturbance, including                      The Act defines an endangered                      its range. Because we have determined
                                                      relatively minor effects in the spring                  species as any species that is ‘‘in danger            that the Kenk’s amphipod is an
                                                      recharge area. As a result of habitat                   of extinction throughout all or a                     endangered species throughout all of its
                                                      fragmentation/isolation there is a lack of              significant portion of its range’’ and a              range, no portion of its range can be
                                                      connectivity and genetic exchange                       threatened species as any species ‘‘that              ‘‘significant’’ for purposes of the
                                                      between populations and, we assume, a                   is likely to become endangered                        definitions of ‘‘endangered species’’ and
                                                      lack of ability to recolonize extirpated                throughout all or a significant portion of            ‘‘threatened species.’’ See the Final
                                                      sites, leading to an overall reduced                    its range within the foreseeable future.’’            Policy on Interpretation of the Phrase
                                                      resiliency for the species.                             We find that the Kenk’s amphipod is                   ‘‘Significant Portion of Its Range’’ in the
                                                                                                              presently in danger of extinction                     Endangered Species Act’s Definitions of
                                                      Determination
                                                                                                              throughout its entire range based on the              ‘‘Endangered Species’’ and ‘‘Threatened
                                                         Section 4 of the Act (16 U.S.C. 1533),               severity and immediacy of threats                     Species’’ (79 FR 37578; July 1, 2014).
                                                      and its implementing regulations in title               currently affecting the species. The best
                                                      50 of the Code of Federal Regulations at                                                                      Available Conservation Measures
                                                                                                              available data indicate that, while the
                                                      50 CFR part 424, set forth the                          species may have always been                            Conservation measures provided to
                                                      procedures for adding species to the                    represented by small numbers of                       species listed as endangered or
                                                      Federal Lists of Endangered and                         individuals found at the surface of each              threatened species under the Act
                                                      Threatened Wildlife and Plants. Under                   seep site, the species’ abundance                     include recognition, recovery actions,
                                                      section 4(a)(1) of the Act, we may list a               appears to be declining. In addition,                 requirements for Federal protection, and
                                                      species based on (A) The present or                     each of the 10 known seep sites are                   prohibitions against certain practices.
                                                      threatened destruction, modification, or                vulnerable to varying levels of stressors             Recognition, through listing, results in
                                                      curtailment of its habitat or range; (B)                and threats: 1 Seep (Sherrill Drive                   public awareness and conservation by
                                                      Overutilization for commercial,                         Spring), based on repeated negative                   Federal, State, Tribal, and local
                                                      recreational, scientific, or educational                survey results combined with                          agencies, private organizations, and
                                                      purposes; (C) Disease or predation; (D)                 documented poor water quality, may be                 individuals. The Act encourages
                                                      The inadequacy of existing regulatory                   extirpated, and another seep (Coquelin                cooperation with the States and other
                                                      mechanisms; or (E) Other natural or                     Run Spring) has visible erosion and                   countries and calls for recovery actions
                                                      manmade factors affecting its continued                 sedimentation. The Kenk’s amphipod                    to be carried out for listed species. The
                                                      existence. Listing actions may be                       has some redundancy and                               protection required by Federal agencies
                                                      warranted based on any of the above                     representation, but those two                         and the prohibitions against certain
                                                      threat factors, singly or in combination.               conservation parameters are                           activities are discussed, in part, below.
                                                         We have carefully assessed the best                  compromised due to each site’s low                      The primary purpose of the Act is the
                                                      scientific and commercial information                   resiliency, all of which makes the                    conservation of endangered and
                                                      available regarding the past, present,                  species’ overall resiliency low. The                  threatened species and the ecosystems
                                                      and future stressors to the Kenk’s                      primary drivers affecting the species’                upon which they depend. The ultimate
                                                      amphipod and find that several of those                 viability (water quality and habitat                  goal of such conservation efforts is the
                                                      stressors rise to the level of threats to               degradation and small population                      recovery of these listed species, so that
                                                      the species as a whole. Habitat loss and                dynamics) are difficult to manage                     they no longer need the protective
                                                      degradation (Factor A) from poor water                  because either they are caused by factors             measures of the Act. Subsection 4(f) of
                                                      quality parameters associated with                      outside the control of the landowner’s                the Act calls for the Service to develop
                                                      urban runoff in Maryland and the                        jurisdiction (e.g., poor water quality or             and implement recovery plans for the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      District of Columbia has decreased                      risk of sewer/water line spills at NPS-               conservation of endangered and
                                                      water quality and increased erosion and                 controlled sites) or there are no apparent            threatened species. The recovery
                                                      sedimentation at several shallow ground                 management actions to minimize or                     planning process involves the
                                                      water habitat sites. These parameters are               control them (e.g., small population                  identification of actions that are
                                                      likely to be exacerbated in the future by               dynamics), and some of those threats                  necessary to halt or reverse the species’
                                                      the increasing risk of exposure to breaks               and additional stressors are likely to                decline by addressing the threats to its
                                                      and leaks from the aging sewer and                      increase in the future.                               survival and recovery. The goal of this
                                                      water pipe infrastructure (Factor A), as                   Therefore, on the basis of the best                process is to restore listed species to a
                                                      well as more frequent and intense                       available scientific and commercial                   point where they are secure, self-


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                                                                            Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules                                           67285

                                                      sustaining, and functioning components                  species recovery can be found at: http://             commerce in the course of commercial
                                                      of their ecosystems.                                    www.fws.gov/grants.                                   activity; or sell or offer for sale in
                                                         Recovery planning includes the                          Although the Kenk’s amphipod is                    interstate or foreign commerce any
                                                      development of a recovery outline                       only proposed for listing under the Act               listed species. It is also illegal to
                                                      shortly after a species is listed and                   at this time, please let us know if you               possess, sell, deliver, carry, transport, or
                                                      preparation of a draft and final recovery               are interested in participating in                    ship any such wildlife that has been
                                                      plan. The recovery outline guides the                   recovery efforts for this species.                    taken illegally. Certain exceptions apply
                                                      immediate implementation of urgent                      Additionally, we invite you to submit                 to employees of the Service, the
                                                      recovery actions and describes the                      any new information on this species                   National Marine Fisheries Service, other
                                                      process to be used to develop a recovery                whenever it becomes available and any                 Federal land management agencies, and
                                                      plan. Revisions of the plan may be done                 information you may have for recovery                 State conservation agencies.
                                                      to address continuing or new threats to                 planning purposes (see FOR FURTHER                       We may issue permits to carry out
                                                      the species, as new substantive                         INFORMATION CONTACT).                                 otherwise prohibited activities
                                                      information becomes available. The                         Section 7(a), and in particular section            involving endangered wildlife under
                                                      recovery plan also identifies recovery                  7(a)(1), of the Act requires Federal                  certain circumstances. Regulations
                                                      criteria for review of when a species                   agencies to evaluate their actions with               governing permits are codified at 50
                                                      may be ready for downlisting or                         respect to any species that is proposed               CFR 17.22. With regard to endangered
                                                      delisting, and methods for monitoring                   or listed as an endangered or threatened              wildlife, a permit may be issued for the
                                                      recovery progress. Recovery plans also                  species and with respect to its critical              following purposes: For scientific
                                                      establish a framework for agencies to                   habitat, if any is designated. Regulations            purposes, to enhance the propagation or
                                                      coordinate their recovery efforts and                   implementing this interagency                         survival of the species, and for
                                                      provide estimates of the cost of                        cooperation provision of the Act are                  incidental take in connection with
                                                                                                              codified at 50 CFR part 402. Section                  otherwise lawful activities. There are
                                                      implementing recovery tasks. Recovery
                                                                                                              7(a)(4) of the Act requires Federal                   also certain statutory exemptions from
                                                      teams (composed of species experts,
                                                                                                              agencies to confer with the Service on                the prohibitions, which are found in
                                                      Federal and State agencies,
                                                                                                              any action that is likely to jeopardize               sections 9 and 10 of the Act.
                                                      nongovernmental organizations, and
                                                                                                              the continued existence of a species
                                                      stakeholders) are often established to                                                                           It is our policy, as published in the
                                                                                                              proposed for listing or result in
                                                      develop recovery plans. When                                                                                  Federal Register on July 1, 1994 (59 FR
                                                                                                              destruction or adverse modification of
                                                      completed, the recovery outline, draft                                                                        34272), to identify to the maximum
                                                                                                              proposed critical habitat. If a species is
                                                      recovery plan, and the final recovery                                                                         extent practicable at the time a species
                                                                                                              listed subsequently, section 7(a)(2) of
                                                      plan will be available on our Web site                                                                        is listed, those activities that would or
                                                                                                              the Act requires Federal agencies to
                                                      (http://www.fws.gov/endangered), or                                                                           would not constitute a violation of
                                                                                                              ensure that activities they authorize,
                                                      from our Chesapeake Bay Field Office                                                                          section 9 of the Act. The intent of this
                                                                                                              fund, or carry out are not likely to
                                                      (see FOR FURTHER INFORMATION CONTACT).                  jeopardize the continued existence of                 policy is to increase public awareness of
                                                        Implementation of recovery actions                    the species or destroy or adversely                   the effect of a proposed listing on
                                                      generally requires the participation of a               modify its critical habitat. If a Federal             proposed and ongoing activities within
                                                      broad range of partners, including other                action may affect a listed species or its             the range of the species proposed for
                                                      Federal agencies, States, Tribes,                       critical habitat, the responsible Federal             listing. At this time, we are unable to
                                                      nongovernmental organizations,                          agency must enter into consultation                   identify specific activities that would
                                                      businesses, and private landowners.                     with the Service.                                     not be considered to result in a violation
                                                      Examples of recovery actions include                       Federal agency actions within the                  of section 9 of the Act because the
                                                      habitat restoration (e.g., restoration of               species’ habitat that may require                     Kenk’s amphipod occurs in seep
                                                      native vegetation), research, captive                   conference or consultation or both as                 habitats that are influenced by the
                                                      propagation and reintroduction, and                     described in the preceding paragraph                  surrounding environment and it is
                                                      outreach and education. The recovery of                 include management and any other                      likely that site-specific conservation
                                                      many listed species cannot be                           landscape-altering activities on Federal              measures may be needed for activities
                                                      accomplished solely on Federal lands                    lands administered by the National Park               that may directly or indirectly affect the
                                                      because their range may occur primarily                 Service (Rock Creek Park) and U.S.                    species.
                                                      or solely on non-Federal lands. To                      Army (Fort A.P. Hill); issuance of                       Based on the best available
                                                      achieve recovery of these species                       section 404 CWA permits by the Army                   information, the following activities
                                                      requires cooperative conservation efforts               Corps of Engineers; and construction                  may potentially result in a violation of
                                                      on private, State, and Tribal lands. If                 and maintenance of roads or highways                  section 9 of the Act; this list is not
                                                      this species is listed, funding for                     by the Federal Highway Administration.                comprehensive:
                                                      recovery actions will be available from                    The Act and its implementing                          (1) Unauthorized handling or
                                                      a variety of sources, including Federal                 regulations set forth a series of general             collecting of the species;
                                                      budgets, State programs, and cost share                 prohibitions and exceptions that apply                   (2) Destruction/alteration of the
                                                      grants for non-Federal landowners, the                  to endangered wildlife. The prohibitions              species’ habitat by discharge of fill
                                                      academic community, and                                 of section 9(a)(1) of the Act, codified at            material, use of motorized vehicles such
                                                      nongovernmental organizations. In                       50 CFR 17.21 make it illegal for any                  as all-terrain vehicles or creation of
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      addition, pursuant to section 6 of the                  person subject to the jurisdiction of the             trails that would increase foot traffic
                                                      Act, the State of Maryland,                             United States to take (which includes                 through the spring area, draining, or
                                                      Commonwealth of Virginia, and the                       harass, harm, pursue, hunt, shoot,                    diversion or alteration of surface or
                                                      District of Columbia would be eligible                  wound, kill, trap, capture, or collect; or            ground water flow into or out of the
                                                      for Federal funds to implement                          to attempt any of these) endangered                   seepage springs or catchment basins;
                                                      management actions that promote the                     wildlife within the United States or on                  (3) Forest management practices that
                                                      protection or recovery of the Kenk’s                    the high seas. In addition, it is unlawful            alter the seepage spring sites or remove
                                                      amphipod. Information on our grant                      to import; export; deliver, receive, carry,           canopy cover from above the seepage
                                                      programs that are available to aid                      transport, or ship in interstate or foreign           spring sites;


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                                                      67286                 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules

                                                        (4) Discharge of chemicals, storm                     requests Federal agency funding or                    under section 7 of the Act, in new areas
                                                      water, or runoff into the seepage springs               authorization for an action that may                  for actions in which there may be a
                                                      or catchment basins.                                    affect a listed species or critical habitat,          Federal nexus where it would not
                                                        Questions regarding whether specific                  the consultation requirements of section              otherwise occur because, for example, it
                                                      activities would constitute a violation of              7(a)(2) of the Act would apply, but even              is or has become unoccupied or the
                                                      section 9 of the Act should be directed                 in the event of a destruction or adverse              occupancy is in question; (2) focusing
                                                      to the Chesapeake Bay Field Office (see                 modification finding, the obligation of               conservation activities on the most
                                                      FOR FURTHER INFORMATION CONTACT).                       the Federal action agency and the                     essential features and areas; (3)
                                                                                                              landowner is not to restore or recover                providing educational benefits to State
                                                      Critical Habitat for the Kenk’s                         the species, but to implement                         or county governments or private
                                                      amphipod (Stygobromus Kenki)                            reasonable and prudent alternatives to                entities; and (4) preventing people from
                                                      Background                                              avoid destruction or adverse                          causing inadvertent harm to the species.
                                                                                                              modification of critical habitat.                     Therefore, because we have determined
                                                         Critical habitat is defined in section 3
                                                                                                                 Section 4 of the Act requires that we              that the designation of critical habitat
                                                      of the Act as:                                          designate critical habitat on the basis of
                                                         (1) The specific areas within the                                                                          will not likely increase the degree of
                                                                                                              the best scientific data available.                   threat to this species and may provide
                                                      geographical area occupied by the
                                                                                                              Further, our Policy on Information                    some measure of benefit, we find that
                                                      species, at the time it is listed in                    Standards Under the Endangered
                                                      accordance with the Act, on which are                                                                         designation of critical habitat is prudent
                                                                                                              Species Act (published in the Federal                 for the Kenk’s amphipod.
                                                      found those physical or biological                      Register on July 1, 1994 (59 FR 34271)),
                                                      features:                                               the Information Quality Act (section 515              Critical Habitat Determinability
                                                         (a) Essential to the conservation of the             of the Treasury and General
                                                      species, and                                                                                                     Having determined that designation is
                                                                                                              Government Appropriations Act for                     prudent, under section 4(a)(3) of the Act
                                                         (b) Which may require special                        Fiscal Year 2001 (Pub. L. 106–554; H.R.
                                                      management considerations or                                                                                  we must find whether critical habitat for
                                                                                                              5658)), and our associated Information                the species is determinable. Our
                                                      protection; and                                         Quality Guidelines, provide criteria,
                                                         (2) Specific areas outside the                                                                             regulations at 50 CFR 424.12(a)(2) state
                                                                                                              establish procedures, and provide                     that critical habitat is not determinable
                                                      geographical area occupied by the                       guidance to ensure that our decisions
                                                      species at the time it is listed, upon a                                                                      when one or both of the following
                                                                                                              are based on the best scientific data                 situations exist: (i) Information
                                                      determination that such areas are                       available. They require our biologists, to
                                                      essential for the conservation of the                                                                         sufficient to perform required analyses
                                                                                                              the extent consistent with the Act and                of the impacts of the designation is
                                                      species.                                                with the use of the best scientific data
                                                         Conservation, as defined under                                                                             lacking, or (ii) The biological needs of
                                                                                                              available, to use primary and original                the species are not sufficiently well
                                                      section 3 of the Act, means to use and                  sources of information as the basis for
                                                      the use of all methods and procedures                                                                         known to permit identification of an
                                                                                                              recommendations to designate critical                 area as critical habitat.
                                                      that are necessary to bring an                          habitat.
                                                      endangered or threatened species to the                                                                          As discussed above, we have
                                                      point at which the measures provided                    Prudency Determination                                reviewed the available information
                                                      pursuant to the Act are no longer                                                                             pertaining to the biological needs of the
                                                                                                                Section 4(a)(3) of the Act, as
                                                      necessary. Such methods and                                                                                   Kenk’s amphipod and habitat
                                                                                                              amended, and implementing regulations
                                                      procedures include, but are not limited                                                                       characteristics where the species is
                                                                                                              (50 CFR 424.12), require that, to the
                                                      to, all activities associated with                                                                            located. Because we are awaiting the
                                                                                                              maximum extent prudent and
                                                      scientific resources management such as                                                                       results of hydrology studies that support
                                                                                                              determinable, the Secretary designate
                                                      research, census, law enforcement,                                                                            the species’ physical and biological
                                                                                                              critical habitat at the time the species is
                                                      habitat acquisition and maintenance,                                                                          features, and additional surveys in new
                                                                                                              determined to be endangered or
                                                      propagation, live trapping, and                                                                               habitat areas (e.g., accessible areas
                                                                                                              threatened. Our regulations (50 CFR
                                                      transplantation, and, in the                            424.12(a)(1)) state that the designation              within steep, sloped, forested habitat
                                                      extraordinary case where population                     of critical habitat is not prudent when               overlaying the Calvert formation in
                                                      pressures within a given ecosystem                      one or both of the following situations               Maryland and Virginia), we conclude
                                                      cannot be otherwise relieved, may                       exist: (1) The species is threatened by               that the designation of critical habitat is
                                                      include regulated taking.                               taking or other human activity, and                   not determinable for the Kenk’s
                                                         Critical habitat receives protection                 identification of critical habitat can be             amphipod at this time. We will make a
                                                      under section 7 of the Act through the                  expected to increase the degree of threat             determination on critical habitat no later
                                                      requirement that Federal agencies                       to the species, or (2) such designation of            than 1 year following any final listing
                                                      ensure, in consultation with the Service,               critical habitat would not be beneficial              determination.
                                                      that any action they authorize, fund, or                to the species.                                       Required Determinations
                                                      carry out is not likely to result in the                  There is currently no imminent threat
                                                      destruction or adverse modification of                  of take attributed to collection or                   Clarity of the Rule
                                                      critical habitat. The designation of                    vandalism under Factor B for the Kenk’s                  We are required by Executive Orders
                                                      critical habitat does not affect land                   amphipod. Identification and mapping                  12866 and 12988 and by the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      ownership or establish a refuge,                        of critical habitat is not likely to                  Presidential Memorandum of June 1,
                                                      wilderness, reserve, preserve, or other                 increase any such threat. In the absence              1998, to write all rules in plain
                                                      conservation area. Such designation                     of finding that the designation of critical           language. This means that each rule we
                                                      does not allow the government or public                 habitat would increase threats to a                   publish must:
                                                      to access private lands. Such                           species, if there are any benefits to a                  (1) Be logically organized;
                                                      designation does not require                            critical habitat designation, then a                     (2) Use the active voice to address
                                                      implementation of restoration, recovery,                prudent finding is warranted. The                     readers directly;
                                                      or enhancement measures by non-                         potential benefits of designation                        (3) Use clear language rather than
                                                      Federal landowners. Where a landowner                   include: (1) Triggering consultation                  jargon;


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                                                                             Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules                                                              67287

                                                        (4) Be divided into short sections and                    a species as an endangered or                             Proposed Regulation Promulgation
                                                      sentences; and                                              threatened species under the
                                                        (5) Use lists and tables wherever                         Endangered Species Act. We published                        Accordingly, we propose to amend
                                                      possible.                                                   a notice outlining our reasons for this                   part 17, subchapter B of chapter I, title
                                                                                                                  determination in the Federal Register                     50 of the Code of Federal Regulations,
                                                        If you feel that we have not met these                                                                              as set forth below:
                                                      requirements, send us comments by one                       on October 25, 1983 (48 FR 49244).
                                                      of the methods listed in ADDRESSES. To                      References Cited                                          PART 17—ENDANGERED AND
                                                      better help us revise the rule, your                                                                                  THREATENED WILDLIFE AND PLANTS
                                                                                                                    A complete list of references cited in
                                                      comments should be as specific as
                                                                                                                  this rulemaking is available on the
                                                      possible. For example, you should tell                                                                                ■ 1. The authority citation for part 17
                                                                                                                  Internet at http://www.regulations.gov
                                                      us the numbers of the sections or                           and upon request from the Chesapeake                      continues to read as follows:
                                                      paragraphs that are unclearly written,                      Bay Field Office (see FOR FURTHER
                                                      which sections or sentences are too                                                                                     Authority: 16 U.S.C. 1361–1407; 1531–
                                                                                                                  INFORMATION CONTACT).                                     1544; 4201–4245; unless otherwise noted.
                                                      long, the sections where you feel lists or
                                                      tables would be useful, etc.                                Authors                                                   ■ 2. In § 17.11(h), add an entry for
                                                                                                                    The primary authors of this proposed                    ‘‘Amphipod, Kenk’s’’ to the List of
                                                      National Environmental Policy Act (42
                                                                                                                  rule are the staff members of the                         Endangered and Threatened Wildlife in
                                                      U.S.C. 4321 et seq.)
                                                                                                                  Chesapeake Bay Field Office and the                       alphabetical order under
                                                        We have determined that                                   Northeast Regional Office.                                CRUSTACEANS to read as set forth
                                                      environmental assessments and                                                                                         below:
                                                      environmental impact statements, as                         List of Subjects in 50 CFR Part 17
                                                      defined under the authority of the                            Endangered and threatened species,                      § 17.11 Endangered and threatened
                                                                                                                                                                            wildlife.
                                                      National Environmental Policy Act                           Exports, Imports, Reporting and
                                                      (NEPA; 42 U.S.C. 4321 et seq.), need not                    recordkeeping requirements,                               *         *    *        *       *
                                                      be prepared in connection with listing                      Transportation.                                                 (h) * * *

                                                                                                                                                                                                        Listing citations and
                                                               Common name                                  Scientific name                         Where listed                    Status                applicable rules


                                                                *                        *                          *                       *                        *                          *                       *
                                                                CRUSTACEANS

                                                              *                          *                    *                           *                        *                             *                   *
                                                      Amphipod, Kenk’s .....................    Stygobromus kenki ...................   Wherever found ........................    E            [Federal Register citation
                                                                                                                                                                                                   when published as a final
                                                                                                                                                                                                   rule]

                                                                 *                       *                          *                       *                        *                          *                       *



                                                        Dated: September 7, 2016.                                 SUMMARY:   NMFS announces that the                        Point Way NE., Seattle, WA 98115–
                                                      Stephen Guertin,                                            Pacific Fishery Management Council                        0070.
                                                      Acting Director, U.S. Fish and Wildlife                     (Council) has submitted Amendment 27                         Instructions: NMFS may not consider
                                                      Service.                                                    to the Pacific Coast Groundfish Fishery                   comments if they are sent by any other
                                                      [FR Doc. 2016–23103 Filed 9–29–16; 8:45 am]                 Management Plan (PCGFMP) for                              method, to any other address or
                                                      BILLING CODE 4333–15–P                                      Secretarial review. Amendment 27                          individual, or received after the
                                                                                                                  would add deacon rockfish to the FMP,                     comment period ends. All comments
                                                                                                                  reclassifies big skate as an actively                     received are a part of the public record
                                                                                                                  managed stock, add a new inseason                         and NMFS will post for public viewing
                                                      DEPARTMENT OF COMMERCE
                                                                                                                  management process for commercial                         on www.regulations.gov without change.
                                                      National Oceanic and Atmospheric                            and recreational in California, and                       All personal identifying information
                                                      Administration                                              several clarifications.                                   (e.g., name, address, etc.), confidential
                                                                                                                  DATES: Comments on Amendment 27                           business information, or otherwise
                                                      50 CFR Part 660                                             must be received on or before November                    sensitive information submitted
                                                                                                                  29, 2016.                                                 voluntarily by the sender is publicly
                                                      RIN 0648–BG17                                               ADDRESSES: You may submit comments                        accessible. NMFS will accept
                                                                                                                  on this document, identified by NOAA–                     anonymous comments (enter ‘‘N/A’’ in
                                                      Fisheries Off West Coast States;                                                                                      the required fields if you wish to remain
                                                                                                                  NMFS–2016–0094, by any of the
                                                      Amendment 27 to the Pacific Coast                                                                                     anonymous).
                                                                                                                  following methods:
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Groundfish Fishery Management Plan                            • Federal e-Rulemaking Portal: Go to                       Information relevant to Amendment
                                                      AGENCY:  National Marine Fisheries                          www.regulations.gov/                                      27, which includes a draft
                                                      Service (NMFS), National Oceanic and                        #!docketDetail;D=NOAA-NMFS-2016-                          environmental assessment (EA), a
                                                      Atmospheric Administration (NOAA),                          0094, click the ‘‘Comment Now!’’ icon,                    regulatory impact review (RIR), and an
                                                      Commerce.                                                   complete the required fields, and enter                   initial regulatory flexibility analysis
                                                                                                                  or attach your comments.                                  (IRFA) are available for public review
                                                      ACTION: Notice of availability of
                                                                                                                    • Mail: Submit written comments to                      during business hours at the NMFS
                                                      proposed fishery management plan
                                                                                                                  William Stelle, Regional Administrator,                   West Coast Regional Office at 7600 Sand
                                                      amendment; request for comments.
                                                                                                                  West Coast Region, NMFS, 7600 Sand                        Point Way NE., Seattle, WA 98115.


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Document Created: 2018-02-09 13:34:18
Document Modified: 2018-02-09 13:34:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWe will accept comments received or postmarked on or before November 29, 2016. Comments submitted electronically using the Federal
ContactGenevieve LaRouche, Field Supervisor, U.S. Fish and Wildlife Service, Chesapeake Bay Field Office, 177 Admiral Cochrane Drive, Annapolis, MD 21401, by telephone 410-573-4577 or by facsimile 410-269-0832. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.
FR Citation81 FR 67270 
RIN Number1018-BB50
CFR AssociatedEndangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation

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