81_FR_69694 81 FR 69500 - Endangered and Threatened Wildlife and Plants; Endangered Species Status for Black Warrior Waterdog

81 FR 69500 - Endangered and Threatened Wildlife and Plants; Endangered Species Status for Black Warrior Waterdog

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 194 (October 6, 2016)

Page Range69500-69508
FR Document2016-24119

We, the U.S. Fish and Wildlife Service (Service), propose to list the Black Warrior waterdog (Necturus alabamensis), an aquatic salamander from the Black Warrior River Basin of Alabama, as an endangered species under the Endangered Species Act (Act) because of the severity and immediacy of threats currently impacting the species. If we finalize this rule as proposed, it would extend the Act's protections to this species.

Federal Register, Volume 81 Issue 194 (Thursday, October 6, 2016)
[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Proposed Rules]
[Pages 69500-69508]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24119]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2016-0029; 4500030113]
RIN 1018-BA78


Endangered and Threatened Wildlife and Plants; Endangered Species 
Status for Black Warrior Waterdog

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 Black Warrior waterdog (Necturus alabamensis), an aquatic 
salamander from the Black Warrior River Basin of Alabama, as an 
endangered species under the Endangered Species Act (Act) because of 
the severity and immediacy of threats currently impacting the species. 
If we finalize this rule as proposed, it would extend the Act's 
protections to this species.

DATES: We will accept comments received or postmarked on or before 
December 5, 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 21, 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-R4-ES-2016-0029, 
which is the docket number for this rulemaking. Then click on the 
Search button. On the resulting page, 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-R4-ES-2016-0029, U.S. Fish and Wildlife 
Service, 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: William Pearson, Field Supervisor, 
U.S. Fish and Wildlife Service, Alabama Ecological Services Field 
Office, 1208 Main Street, Daphne, AL 36526; by telephone 251-441-5184; 
or by facsimile 251-441-6222. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

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 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 Black Warrior waterdog's biology, range, and population 
trends, including:
    (a) Biological or ecological requirements of the species, including 
habitat requirements for feeding, breeding, and sheltering;
    (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 this 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 this species.
    Please include sufficient information 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 (16 U.S.C. 
1531 et seq.) 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, Alabama Ecological Services Field Office (see FOR 
FURTHER INFORMATION CONTACT).

Public Hearing

    Section 4(b)(5) of the Act requires us to hold 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 (see DATES, above). Such requests must be sent to 
the address shown in the FOR FURTHER INFORMATION CONTACT section. 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.

[[Page 69501]]

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 will inform our 
determination. We invite comments from the peer reviewers during this 
public comment period.

Previous Federal Actions

    The Black Warrior waterdog (then known as the Sipsey Fork waterdog) 
was first identified as a Category 2 species in our 1982 Review of 
Vertebrate Wildlife for Listing as Endangered or Threatened Species (47 
FR 58454, December 30, 1982). Category 2 candidates were defined as 
taxa for which we had information that proposed listing was possibly 
appropriate, but for which substantial data on biological vulnerability 
and threats were not available to support a proposed rule at the time. 
The species remained on subsequent annual candidate notices of review 
(CNORs) (56 FR 58804, November 21, 1991; 59 FR 58982, November 15, 
1994). In the February 28, 1996, CNOR (61 FR 7596), we discontinued the 
designation of Category 2 species as candidates; therefore, the Black 
Warrior waterdog was no longer a candidate species.
    In 1999, the Black Warrior waterdog was again added to the 
candidate list (64 FR 57534, October 25, 1999). At present, candidates 
are those fish, wildlife, and plants for which we have on file 
sufficient information on biological vulnerability and threats to 
support preparation of a listing proposal, but for which development of 
a listing rule is precluded by other higher priority listing 
activities. The Black Warrior waterdog was included in all of our 
subsequent annual CNORs (66 FR 54808, October 30, 2001; 67 FR 40657, 
June 13, 2002; 69 FR 24876, May 4, 2004; 70 FR 24870, May 11, 2005; 71 
FR 53756, September 12, 2006; 72 FR 69034, December 6, 2007; 73 FR 
75176, December 10, 2008; 74 FR 57804, November 9, 2009; 75 FR 69222, 
November 10, 2010; 76 FR 66370, October 26, 2011; 77 FR 69994, November 
21, 2012; 78 FR 70104, November 22, 2013; 79 FR 72450, December 5, 
2014; 80 FR 80584, December 24, 2015). On May 11, 2004, we were 
petitioned to list the Black Warrior waterdog. The petitioner provided 
information the Service already had in its files and had used to 
identify the species as warranted for listing. As a result, no further 
action was taken on the petition. The Black Warrior waterdog has a 
listing priority number of 2, which means that the candidate is a 
species with threats that are both imminent and high in magnitude.

Species Information

Taxonomy and Species Description

    The Black Warrior waterdog is a large, aquatic, nocturnal 
salamander that permanently retains a larval form and external gills 
throughout its life (Conant and Collins 1998, pp. 419-420). Its head 
and body are depressed; its tail is compressed laterally, and each of 
its four legs has a foot with four toes. Larval Black Warrior waterdogs 
(28 to 48 millimeters (mm) (1 to 2 inches (in) total length)) are dark 
brown or black on their dorsum (upper surfaces) and have two light 
stripes running along their sides (Bailey 2000, p. 1). Adults may reach 
a maximum of 240 mm (9.5 in) total length; subadults (40 to 100 mm (1.5 
to 4 in) total length) do not have the stripes that are present on 
larvae and are not conspicuously marked, although they do have a dark 
stripe extending from the nostril through the eye to the gills. Adults 
are usually brown, may be spotted or unspotted, and retain the dark eye 
stripe (Bailey 2000, p. 1). The ventral surface of all age classes is 
plain white.
    In 1937, Viosca (1937, pp. 120-138) described the Black Warrior 
waterdog as Necturus alabamensis. In subsequent years, the name N. 
alabamensis was mistakenly applied to other waterdogs within the peer-
reviewed literature. The taxonomy of the Black Warrior waterdog was 
clarified by Bart et al. (1997, pp. 192-201), and the original 
description by Viosca (1937, pp. 120-138) remains valid. The available 
taxonomic information on N. alabamensis has been carefully reviewed, 
and we conclude that this species is a valid taxon.

Distribution

    The Black Warrior waterdog (waterdog) is found only within streams 
within the Black Warrior River Basin (Basin) in Alabama. The waterdog 
inhabits streams above the Piedmont Fall Line (the contact between the 
Coastal Plain and the adjacent Upland provinces) within the Basin in 
Alabama, including parts of the North River, Locust Fork, Mulberry 
Fork, and Sipsey Fork drainages and their tributaries.
    Waterdog habitat is similar to that of the flattened musk turtle 
(Sternotherus depressus), a species listed as threatened under the Act 
(52 FR 22418; June 11, 1987) and which is restricted to permanent 
streams above the Fall Line in the Black Warrior Basin (Mount 1975, p. 
303). The waterdog received little attention between the time it was 
described in 1937 and the mid-1980s, when it was found during surveys 
in the Tennessee-Tombigbee Waterway (Ashton and Peavy 1985, pp. 1-15). 
During this time, reference to the species, beyond field guides and 
summary descriptions, could be found in only three scientific 
publications and one unpublished doctoral dissertation (Hecht 1958, pp. 
4, 17; Neil 1963, pp. 166-174; Gunter and Brode 1964, pp. 114-126; 
Brode 1969, pp. 21-22, 62-64, 132).
    There are a total of 11 historical records from sites in Blount, 
Tuscaloosa, Walker, and Winston Counties, Alabama. The historical 
waterdog records are sites from 10 streams or major segments: Sipsey 
Fork (two sites) of the Black Warrior River and Brushy Creek (a 
tributary to Sipsey Fork) in Winston County; Locust Fork and Blackburn 
Fork of the Little Warrior River in Blount County; Mulberry Fork, Lost 
Creek, and Blackwater Creek in Walker County; and Yellow Creek, North 
River, and Black Warrior River in Tuscaloosa County (Viosca 1937, pp. 
120-122, 137-138; Ashton and Peavy 1985, pp. 1-15; Bailey 1992, pp. 7-
9, 16-27; Bailey 1995, pp. 16-27; Bart et al. 1997, pp. 194-195, 198-
200; Guyer 1997, p. 9; Bailey 2000, pp. 3-5). Only two of these records 
(Black Warrior River ``near Tuscaloosa'' in 1914 and 1937, and Mulberry 
Fork ``at Cordova'' in 1938) were documented prior to the mid-1980s. 
These localities have since been inundated by impoundments.
    Bailey (2000, pp. 1-24) conducted a habitat assessment of the 11 
sites verified as Black Warrior waterdog localities prior to 1993. 
Bailey assessed the sites using subjective impressions of habitat 
suitability using parameters such as stream width and depth, water 
quality, substrate, structure (crevices, logs, etc.), and invertebrate 
fauna. Sites were stratified into four categories: Good to excellent, 
moderate, poor to unsuitable, and impounded. Bailey concluded that one 
(9 percent) of the sites was good to excellent, four (36 percent) were 
of moderate quality, two (18 percent) were poor to unsuitable, and four 
(36 percent) were in impoundments.

Current Range and Distribution

    At least 112 sites have been sampled for the Black Warrior 
waterdogs since 1990 (1990, 1991, 1992, 1994, 1996, 1997, 1998, 2008, 
2009, 2011, 2012, and

[[Page 69502]]

2013) (Bailey 1995, pp. 16-27; Guyer 1997, pp. 19-21 and 1998, pp. 6-7; 
Durflinger-Moreno et al. 2006, pp. 73-74; Stoops et al. 2010, p. 6; 
Alabama Natural Heritage Program 2011, p. 4; 78 FR 70104, November 22, 
2013, p. 70125; Godwin 2014, pers. comm.; Godwin 2013b, p. 1). Survey 
sites included all stream localities within the range of the species 
that approached or intersected roads and had appropriate habitat. Since 
1990, the species has been reported from only 14 sites. These sites are 
in Blount (Blackburn Fork of the Little Warrior River), Marshall (Slab 
Creek, tributary to Locust Fork), Tuscaloosa (Yellow Creek, North 
River, Carroll Creek, Lye Branch, Mulberry Fork), Walker (Lost Creek, 
Little Blackwater Creek), and Winston (Sipsey Fork, Blackwater Creek, 
Browns Creek, Brushy Creek, Capsey Creek) Counties, Alabama. Guyer 
(1997, pp. 3-4) did a statistical analysis of all waterdog field survey 
data. The relationship between cumulative number of site visits and the 
cumulative number of sites containing waterdogs indicated that 200 
additional surveys would be needed to discover a single new locality 
for the species (Guyer 1997, p. 4).
    No waterdogs were recently captured at any historic localities 
outside of William Bankhead National Forest (BNF). Therefore, we 
believe the populations are in decline outside of BNF. Only through the 
use of environmental DNA (eDNA) have we been able to determine that the 
species is still present at some historic locations. Environmental DNA 
is a surveillance tool used to monitor for the genetic presence of an 
aquatic species. According to Strickler (2015, p. 1),''Environmental 
DNA has proven to be a sensitive, accurate, and cost-efficient tool for 
species detection in aquatic environments and is especially attractive 
because it's non-invasive and poses no risk to aquatic animals. Even 
when an aquatic animal can't be seen or heard, it leaves traces of 
itself in the water by shedding skin, excreting waste, releasing 
gametes and decomposing. Investigators collect a water sample to detect 
the target species' DNA and determine whether the species has recently 
been in the water body.'' Field surveys conducted between 2008 and 2012 
at historical localities indicated only one population was still 
persisting in the BNF, Winston County (Stoops et al. 2010, p. 1-6; 
Godwin 2014, pers. comm.; Godwin 2013a, p. 1 and 2013b, p. 1). 
Additionally, the use of eDNA in 2013 and 2014 indicated that Black 
Warrior waterdogs were still present in Locust Fork, Gurley Creek, Rush 
Creek (BNF property), and Yellow Creek (Godwin 2014, pers. comm.), 
although no waterdogs were captured at the time.

Population Estimates and Status

    Each of the 14 sites verified as a Black Warrior waterdog locality 
(see above) represented individual populations. Very little is known 
about the status of these populations. Only one or two animals were 
captured at survey sites with the exception of Sipsey Fork, which was 
chosen for an indepth study because waterdogs were most common there 
(Durflinger-Moreno et al. 2006, pp. 70-71). Fifty-two waterdogs were 
captured at the Sipsey Fork site over a 3-year period representing 
173,160 trap hours (1 waterdog/3,330 trap hours). Thirty-five (67 
percent) animals were adults, 5 (10 percent) were subadults, and 12 (23 
percent) were larvae. The number of adult males and females captured 
was not significantly different from an expected 1:1 sex ratio 
(Durflinger-Moreno et al. 2006, p. 79). In the Sipsey Fork, the high 
number of sexually mature individuals indicates that recruitment and 
survival rates of the young age classes may be low (Durflinger-Moreno 
et al. 2006, p. 79).
    The viability of any Black Warrior waterdog population, including 
Sipsey Fork population, is unknown.

Habitat

    Rocks, submerged ledges, and other cover play important roles in 
determining habitat suitability for the Black Warrior waterdog (Ashton 
and Peavy 1986, p. 64). Semi-permanent leaf beds (where they exist) are 
visited frequently (Ashton and Peavy 1986, p. 64). Larvae and adult 
waterdogs are reliably found only in these submerged leaf beds, and 
they may use them for both shelter and foraging habitat (Bailey 2000, 
p. 3). Guyer (1997, pp. 1-21) analyzed habitats to distinguish sites 
with waterdogs from those lacking the species. He found that Black 
Warrior waterdogs were associated with clay substrates lacking silt, 
wide and shallow stream morphology, increased snail and dusky 
salamander (Desmognathus spp.) abundance, and decreased Asiatic clam 
(Corbicula fluminea) occurrence. Durflinger-Moreno et al. (2006, pp. 
70-80) completed an additional assessment of 112 localities surveyed 
for waterdogs. At a regional scale, Black Warrior waterdogs were 
associated with stream depths of 1 to 4 meters (m) (3.3 to 13.1 feet 
(ft)), reduced sedimentation, and large leaf packs (leaves that fall 
into streams accumulate in packs usually behind branches, rocks, and 
other obstructions) supporting mayfly (Ephemeroptera spp.) and 
caddisfly (Trichoptera spp.) larvae.

Biology

    Very little is known about the life history of the Black Warrior 
waterdog. Additionally, data are generally limited for other species of 
the southeastern Necturus waterdogs, as well.
    Reproduction in the Black Warrior waterdog is aquatic. Egg 
disposition sites and clutch sizes are unknown. However, in the closely 
related Gulf Coast waterdog (Necturus beyeri), females attach their 
eggs singly to the undersides of underwater substrate (summarized in 
Guyer 2005, p. 868). Sexually active Black Warrior waterdog adults have 
been found in rock crevices (Bailey 2005, p. 867), and thus egg 
deposition may occur at these sites. Clutch sizes ranging from 4 to 40 
eggs were reported in a summary of research conducted on the Gulf Coast 
waterdog (Guyer 2005, p. 868). Ashton and Peavy (1986, p. 64) collected 
post hatchling Black Warrior waterdog larvae in December; this suggests 
that nesting may occur in late spring or summer. Reproductive maturity 
is probably attained in the third winter or at 2.5 years of age (Bailey 
2005, p. 867).
    Aestivation (spending the summer in a state of inactivity) in Black 
Warrior waterdogs is suspected, as no specimens have been collected 
during the summer (Bailey 2005, p. 867). A similar seasonal pattern of 
activity primarily in winter and spring is also seen in other species 
of Necturus (Dundee 2005, p. 872; Guyer 2005, p. 868).
    Larval and adult Black Warrior waterdogs are assumed to be 
opportunistic carnivores, but prey taken in the wild has not been 
described. Adults are attracted to traps baited with fish-flavored cat 
food (Bailey 2005, p. 867). Captive Black Warrior waterdogs have eaten 
small fish and earthworms (Bailey 2005, p. 867). Crayfish, isopods, 
amphipods, freshwater clams, and insects (including mayflies, 
caddisflies, dragonfly naiads, dytiscid beetles, and midges) have been 
reported as prey items in Gulf Coast waterdogs (Guyer 2005, p. 868).
    Home ranges of Black Warrior waterdogs are likely small as in other 
species of the southeastern Necturus. As much more is known about the 
Gulf Coast waterdog, we are basing our analysis on its mark-recapture 
study where all recaptures were within 64 m (210 ft) of the original 
capture and release site (summarized in Guyer 2005, p. 868).

[[Page 69503]]

Summary of Factors Affecting the Species

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
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. Each of these 
factors is discussed below.

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

    Water quality degradation is the primary threat to the continued 
existence of the Black Warrior waterdog. Bailey (2000, pp. 19-20) 
considered water quality degradation to be the primary reason for the 
extirpation of this species over much of its historical range in the 
upper Black Warrior River system. Changes in water chemistry and flow 
patterns, resulting in a decrease in water quality and quantity have 
detrimental effects on salamander ecology because they can render 
aquatic habitat unsuitable for salamanders. Substrate modification is 
also a major concern for aquatic salamander species (Geismar 2005, p. 
2; O'Donnell et al. 2006, p. 34). Unobstructed interstitial space 
(pertaining to being between things, especially between things that are 
normally close) is a critical component of the habitat for the Black 
Warrior waterdog, because it provides cover from predators and habitat 
for their macroinvertebrate prey items within the sites. When the 
interstitial spaces become compacted or filled with fine sediment, the 
amount of available foraging habitat and protective cover for 
salamanders with these behaviors is reduced, resulting in population 
declines (Welsh and Ollivier 1998, pp. 1, 128; Geismar 2005, p. 2; 
O'Donnell et al. 2006, p. 34). Most streams surveyed for the Black 
Warrior waterdog showed evidence of water quality degradation, and many 
appeared biologically depauperate (limited aquatic species diversity) 
(Bailey 1992, p. 2 and 1995, p. 11; Durflinger-Moreno et al. 2006, p. 
78).
Discharges
    Sources of point (point source discharge) and nonpoint (land 
surface runoff) pollution in the Basin have been numerous and 
widespread. Point pollution is generated from inadequately treated 
effluent from industrial plants, sanitary landfills, sewage treatment 
plants, and drain fields from individual private homes (Service 2000, 
pp. 12-13). Nonpoint pollution originates from agricultural activities, 
poultry and cattle feedlots, abandoned mine runoff, construction, 
silviculture, failing septic tanks, and contaminated runoff from urban 
areas (Deutsch et al. 1990, pp. 1-62, Upper Black Warrior Technical 
Task Force 1991, p. 1; O'Neil and Sheppard 2001, p. 2). These sources 
contribute pollution to the Basin via sediments, fertilizers, 
herbicides, pesticides, animal wastes, septic tank and gray water 
leakage, and oils and greases. Water quality and native aquatic fauna 
have declined as a result of this pollution, which causes 
nitrification, decreases in dissolved oxygen concentration, and 
increases in acidity and conductivity. These alterations have a direct 
effect on the survival of Black Warrior waterdogs, which, due to their 
highly permeable skin (Duellman and Trueb 1986, p. 197) and external 
gills, are very sensitive to declines in water quality and oxygen 
concentration.
    Urbanization is a significant source of water quality degradation 
that can reduce the survival of aquatic organisms, such as the Black 
warrior waterdog (Bowles et al. 2006, p. 119; Chippindale and Price 
2005, pp. 196-197). Urban development leads to various stressors on 
aquatic systems, including increased frequency and magnitude of high 
flows in streams, increased sedimentation, increased contamination and 
toxicity, and changes in stream morphology and water chemistry (Coles 
et al. 2012, pp. 1-3, 24, 38, 50-51). Urbanization can also impact 
aquatic species by negatively affecting their invertebrate prey base 
(Coles et al. 2012, p. 4). Urbanization also increases the sources and 
risks of an acute or catastrophic contamination event, such as a leak 
from an underground storage tank or a hazardous materials spill on a 
highway. Several researchers have examined the negative impact of 
urbanization on stream salamander habitat by making connections between 
salamander abundances and levels of development within the watershed. 
In a 1972 study on the dusky salamander (Desmognathus fuscus) in 
Georgia, Orser and Shure (p. 1,150) found a decrease in stream 
salamander density with increasing urban development. A similar 
relationship between salamander populations and urbanization was found 
in another study on the dusky salamander, two-lined salamander (Eurycea 
bislineata), southern two-lined salamander (Eurycea cirrigera), and 
other species in North Carolina (Price et al. 2006, pp. 437-439; Price 
et al. 2012a, p. 198), Maryland, and Virginia (Grant et al. 2009, pp. 
1,372-1,375). Willson and Dorcas (2003, pp. 768-770) demonstrated the 
importance of examining disturbance within the entire watershed as 
opposed to areas just adjacent to the stream by showing that salamander 
abundance in the dusky and two-lined salamanders is most closely 
related to the amount and type of habitat within the entire watershed.
    The large population centers such as Birmingham, Tuscaloosa, and 
Jasper contribute substantial runoff to the Basin. The watershed 
occupied by these three cities contains more industrial and residential 
land area than other river basins in Alabama. Streams draining these 
areas have a history of serious water quality problems, as described 
above. Species of fish, mussels, and snails (Mettee et al. 1989, pp. 
14-16; Hartfield 1990, pp. 1-8), and populations of the flattened musk 
turtle (Service 1990, p. 3), have been extirpated from large areas of 
the watershed primarily due to water quality degradation. For example, 
Mettee et al. (1989, pp. 14-16) noted the absence of at least nine fish 
species from streams draining the Birmingham metropolitan area where 
they had previously been common, and Hartfield (1990, pp. 1-8) 
documented the extirpation of 39 to 40 species of mussels from 
individual tributaries of the Black Warrior River. In addition, highway 
construction may reroute streams or change their shape.
Forest Management
    Forestry operations and road construction are also sources of 
nonpoint pollution when best management practices (BMPs) are not 
followed to protect streamside management zones (Hartfield 1990, pp. 4-
6; Service 2000, p. 13). Logging can cause erosion, siltation, and 
streambed structural changes from the introduction of tree slash. 
Forestry road construction, stream crossings, and bridge replacements 
can also result in increased sedimentation, and runoff may introduce 
toxic chemicals into streams. According to Alabama's BMPs for forestry, 
stream management zones (SMZs) should be 35 ft (50 ft for

[[Page 69504]]

sensitive areas). Recently, the forest industry has begun to self-
regulate SMZs through a certification program in which mills will not 
accept timber from foresters who do not comply with SMZs.
Surface Mining
    Surface mining represents another threat to the biological 
integrity of streams in the Basin and has undoubtedly, in the past, 
affected the distribution of the Black Warrior waterdog (Bailey 1995, 
p. 10). Strip mining for coal results in hydrologic problems (i.e., 
erosion, sedimentation, decline in groundwater levels, and general 
degradation of water quality) that affect many aquatic organisms 
(Service 2000, p. 12). Runoff from coal surface mining generates 
pollution through acidification, increased mineralization, and sediment 
loading. Impacts are generally associated with past activities and 
abandoned mines, since presently operating mines are required to employ 
environmental safeguards established by the Federal Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) and the 
Clean Water Act of 1972 (33 U.S.C. 1251 et seq.) (Service 2000, p. 12). 
Old, abandoned mines will continue to contribute pollutants to streams 
into the future.
    Recently, new coal mines, which have the potential of discharging 
additional pollutants into the waters within the range of the Black 
Warrior waterdog, have been proposed in the Sipsey Fork and the 
Mulberry Fork (Dillard 2011, pers. comm.; Alabama Surface Mining 
Commission 2012, pp. 1-4).
Sedimentation
    Sedimentation has probably caused similar declines for Black 
Warrior waterdogs as it has for the flattened musk turtle, which also 
occurs in the upper Basin. Sedimentation in this system has negatively 
affected the flattened musk turtle by: (1) Reduction of mollusks and 
other invertebrates used as food; (2) physical alteration of rocky 
habitats where animals forage and take cover, and (3) accumulation of 
substrate in which chemicals toxic to animals and their prey persist 
(Dodd et al. 1988, pp. 1-61). The Sipsey Fork of the Black Warrior 
River is the best remaining locality for the Black Warrior waterdog 
(Guyer 1998, p. 2). Bailey and Guyer (1998, pp. 77-83) completed a 
study of the flattened musk turtle at this site. They found that the 
turtle population was declining and suggested that habitat quality is 
also deteriorating. Because of similar habitat use, deteriorating 
habitat quality may likewise affect the Black Warrior waterdog.
    Black Warrior waterdogs are vulnerable to sedimentation, and the 
associated pollution concentrated in sediments, as they spend virtually 
all of their lives at the stream bottom and would be in almost constant 
contact with any toxic substances that may be present (Bailey 1995, p. 
10). The skin of amphibians is highly permeable, and water is exchanged 
readily with the environment. As a result, the respiration (breathing) 
and osmoregulation (balance of body fluids) of Black Warrior waterdogs 
would be negatively affected by toxic sediments. Excessive sediments 
also impact the hard stream and river bottoms by making the habitat 
unsuitable for feeding or reproduction of Black Warrior waterdogs. For 
example, sediments have been shown to affect respiration, growth, 
reproductive success, and survival of aquatic insects and fish (Waters 
1995, pp. 173-175) that serve as food sources for the waterdog (Bailey 
2005, p. 867). Potential sources of pollution and associated 
sedimentation within a watershed include virtually all activities that 
disturb the land surface, and all localities currently occupied by the 
Black Warrior waterdog are affected by varying degrees by sedimentation 
(O'Neil and Sheppard 2001, Appendix B, p. 5). Sedimentation or 
siltation is one of the most severe threats to the Black Warrior River 
(Black Warrior Riverkeeper 2012, p. 1). The Black Warrior River 
watershed receives significant pollutant loading from activities 
related to the human population and land-use activities, including 
sedimentation from construction, forestry, mining, agriculture, and 
channelization of stream segments (Black Warrior River Watershed 
Management Plan n.d., p. 4.3).
Impoundments
    Creation of large impoundments, behind Bankhead, Lewis, and Holt 
dams, within the Basin has flooded thousands of square hectares (acres) 
of habitat previously considered appropriate for the Black Warrior 
waterdog. Hartfield (1990, p. 7) summarized the number of miles of 
streams affected by impoundments in the Basin. He found that the entire 
main channel of the Black Warrior River, over 272 kilometers (km) (170 
miles (mi)), has been affected. Impoundments do not have the shallow, 
flowing water preferred by the species. As a result, they are likely 
marginal or unsuitable habitat for the salamander. The abundance of 
predatory fish in impoundments further renders these lakes unsuitable 
for the Black Warrior waterdog. Impoundments have been entrapments for 
waterdogs.
    Two historical populations of the Black Warrior waterdog have been 
lost due to impoundments. Of the remaining historical populations, only 
one appears to be holding on in numbers sufficient enough to be 
captured regularly (Sipsey Fork on BNF). A second population is present 
on Locust Fork, but the numbers of waterdogs present appears low, based 
on the erratic capture success at the site. Through the use of eDNA, 
Godwin (2014, pers. comm.) identified a historical site on Yellow Creek 
as having Black Warrior waterdogs present. A couple years later, in 
2016, a Black Warrior waterdog was indeed captured in Yellow Creek. 
Further, Godwin also identified two new sites in the Basin through the 
eDNA method, but as of yet, no waterdogs have been captured (recently) 
at any of the eDNA sites. Based on evolution biology, the current known 
and suspected populations are isolated and fragmented by human-made 
barriers, further compounding the effects of inbreeding and 
contributing to the species' decline.
Summary of Factor A
    The historical loss of habitat is currently, and projected to 
continue to be, a threat to the Black Warrior waterdog. Habitat loss 
also amplifies the threat from point and nonpoint source water and 
habitat quality degradation, accidental spills, and violation of 
permitted discharges. Due to the limited extent of the habitat 
currently occupied by the species and the severity and magnitude of 
this threat, we consider that the present or threatened destruction, 
modification, or curtailment of habitat and range represents a threat 
to the Black Warrior waterdog. While changes to management and 
operating procedures have reduced impacts to the river system, ongoing 
activities continue to impact water quality.

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

    Based on best available data, there is no evidence that 
overutilization for commercial, recreational, scientific, or 
educational purposes is a threat to the Black Warrior waterdog.

Factor C. Disease or Predation

    No diseases or incidences of predation have been reported for the 
Black Warrior waterdog. Also, Bart and Holzenthal (1985, p. 406) found 
that there is no natural evidence of predation

[[Page 69505]]

on Necturus spp. by fish in creeks and streams. Therefore, the best 
available data do not indicate that disease or predation is a threat to 
the Black Warrior waterdog.

Factor D. The Inadequacy of Existing Regulatory Mechanisms

    Under this factor, we examine whether existing regulatory 
mechanisms are inadequate to address the threats to the Black Warrior 
waterdog discussed under other factors. Section 4(b)(1)(A) of the Act 
requires the Service to take into account, ``those efforts, if any, 
being made by any State or foreign nation, or any political subdivision 
of a State or foreign nation, to protect such species.'' In relation to 
Factor D under the Act, we interpret this language to require the 
Service to consider relevant Federal, State, and Tribal laws and 
regulations, and other such mechanisms that may minimize any of the 
threats we describe in threat analyses under the other four factors, or 
otherwise enhance conservation of the species. We give strongest weight 
to statutes and their implementing regulations and to management 
direction that stems from those laws and regulations. An example would 
be State governmental actions enforced under a State statute or 
constitution, or Federal action under statute.
    The Federal Surface Mining Control and Reclamation Act of 1977, as 
amended December 22, 1987, requires all permitted mining operations to 
minimize disturbances and adverse impacts to fish, wildlife, and 
related environmental values, as well as implement enhancement measures 
where practicable. It further recognizes the importance of land and 
water resources restoration as a high priority in reclamation planning. 
The continued decline of many species, including the flattened musk 
turtle, fish, and a number of mussels in the Black Warrior Basin (Dodd 
et al. 1988, pp. 55-61; Mettee et al. 1989, pp. 12-13; Hartfield 1990, 
pp. 1-8; Bailey and Guyer 1998, pp. 77-83; Service 2000, pp. 12-13), is 
often attributed to mining activities, even though this law in effect.
    The Alabama Department of Conservation and Natural Resources 
(ADCNR) recently added the Black Warrior waterdog to its list of non-
game State protected species (ADCNR 2012, pp. 1-4). Although this 
change will make it more difficult to obtain a collecting permit for 
the species, it does not offer any additional protection for habitat 
loss and degradation. The ADCNR also recognizes the Black Warrior 
waterdog as a Priority 2 species of high conservation concern in its 
State Wildlife Action Plan due to its rarity and restricted 
distribution (ADCNR 2005, p. 298). However, this designation also does 
not offer any regulatory protections.
    Stream segments within the Black Warrior River drainage currently 
occupied by the Black Warrior waterdog have been assigned water-use 
classifications of fish and wildlife (F&W) by the Alabama Department of 
Environmental Management (ADEM) under the authority of the Clean Water 
Act of 1972. The F&W designation establishes minimum water quality 
standards that are believed to be protective of aquatic species. In the 
Locust Fork, Mulberry Fork, and other tributaries of the Black Warrior 
River occupied by the Black Warrior waterdog, a combined total of 275 
km (171 mi) have been identified on the Alabama 303(d) List (a list of 
water bodies failing to meet their designated water-use 
classifications) as impaired by siltation and nutrients (ADEM 2010, pp. 
1-3). The sources of these impairments have been identified as runoff 
from agricultural fields, abandoned surface mines, and industrial or 
municipal sites. Multiple stream reaches within the occupied habitat of 
the Black Warrior waterdog (Locust Fork, Mulberry Fork, Yellow Creek, 
and North River) fail to meet current regulatory standards.
    Similarly, even with current regulations, surviving populations are 
negatively affected by discharges, highway construction, mining 
(current and unreclaimed sites), and other activities with a Federal 
nexus (see discussion under Factor A, above).
Summary of Factor D
    Black Warrior waterdogs and their habitats are partially protected 
by Federal and State laws and regulations. However, after evaluating 
the information available on the implementation of these authorities, 
we determined that these regulatory mechanisms do not address the 
threats to the species.

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

    The remaining Black Warrior waterdog populations are isolated from 
each other by unsuitable habitat created by impoundments, pollution, 
and other factors as described under the Factor A discussion, above. 
Waterdog population densities are low even in the best localities, and 
factors related to low population compound these threats.
Inbreeding
    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, 
decreasing their ability to adapt to environmental changes, and 
reducing the fitness of individuals (Soule 1980, pp. 157-158; Hunter 
2002, pp. 97-101; Allendorf and Luikart 2007, pp. 117-146). It is 
likely that some of the Black Warrior waterdog populations are below 
the effective population size required to maintain long-term genetic 
and population viability (Soule 1980, pp. 162-164; Hunter 2002, pp. 
105-107). The long-term viability of a species is based on the 
conservation of numerous local populations throughout its geographic 
range (Harris 1984, pp. 93-104). These separate populations are 
essential for the species to recover and adapt to environmental change 
(Noss and Cooperrider 1994, pp. 264-297; Harris 1984, pp. 93-104). The 
level of isolation and fragmentation seen in this species makes natural 
repopulation following localized extirpations virtually impossible 
without human intervention.
Drought
    Droughts cause decreases in water flow and dissolved oxygen levels 
and increases in temperature in the river system. Studies of other 
aquatic salamander species have reported decreased occupancy, loss of 
eggs, decreased egg-laying, and extirpation from sites during periods 
of drought (Camp et al. 2000, p. 166; Miller et al. 2007, pp. 82-83; 
Price et al. 2012b, pp. 317-319).
Spills
    Associated with urbanization is the development of transportation 
system, including roads, rails, airports, locks, and docks. Accidents, 
crashes, and derailments, resulting in spills, occur along these 
transportation corridors. Since 1990, there have been over 1,200 spills 
reported, to the U.S. Coast Guard National Response Center, in the 
Basin area. One of several spills that have occurred in the Blackwater 
Basin was an event in the Black Warrior River in 2013. Approximately 
164 gallons of crude oil were accidently pumped into the river. 
Emergency response teams cleaned the river, but a sheen of crude oil 
remained visible (Taylor 2013, pers. comm.) (http://www.tuscaloosanews.com/article/20130617/NEWS/130619792). Today, the 
threat from spills remains unchanged.

[[Page 69506]]

Climate Change
    Our analyses under the Act include consideration of ongoing and 
projected changes in climate.
    According to the IPCC (2013, p. 4), ``Warming of the climate system 
is unequivocal, and since the 1950s, many of the observed changes are 
unprecedented over decades to millennia. The atmosphere and ocean have 
warmed, the amounts of snow and ice have diminished, sea level has 
risen, and the concentrations of greenhouse gases have increased.'' 
Average Northern Hemisphere temperatures during the second half of the 
20th century were very likely higher than during any other 50-year 
period in the last 500 years and likely the highest in at least the 
past 1,300 years (IPCC 2007b, p. 1). It is very likely that from 1950 
to 2012, cold days and nights have become less frequent and hot days 
and hot nights have become more frequent on a global scale (IPCC 2013, 
p. 4). It is likely that the frequency and intensity of heavy 
precipitation events has increased over North America (IPCC 2013, p. 
4).
    The IPCC (2013, pp. 15-16) predicts that changes in the global 
climate system during the 21st century are very likely to be larger 
than those observed during the 20th century. For the next two decades 
(2016 to 2035), a warming of 0.3 degrees Celsius ([deg]C) (0.5 degrees 
Fahrenheit ([deg]F)) to 0.7 [deg]C (1.3 [deg]F) per decade is projected 
(IPCC 2013, p. 15). Afterwards, temperature projections increasingly 
depend on specific emission scenarios (IPCC 2007b, p. 6). Various 
emissions scenarios suggest that by the end of the 21st century, 
average global temperatures are expected to increase 0.3 [deg]C to 4.8 
[deg]C (0.5 [deg]F to 8.6 [deg]F), relative to 1986 to 2005 (IPCC 2013, 
p. 15). By the end of 2100, it is virtually certain that there will be 
more frequent hot and fewer cold temperature extremes over most land 
areas on daily and seasonal timescales, and it is very likely that heat 
waves and extreme precipitation events will occur with a higher 
frequency and intensity (IPCC 2013, pp. 15-16).
    Climate change has the potential to increase the vulnerability of 
the Black Warrior waterdog to random catastrophic events (e.g., 
McLaughlin et al. 2002; Thomas et al. 2004). Climate change is expected 
to result in increased frequency and duration of droughts and the 
strength of storms (e.g., Cook et al. 2004). Thomas et al. (2009, p. 
112) report that the frequency, duration, and intensity of droughts are 
likely to increase in the Southeast as a result of global climate 
change.
Summary of Factor E
    We consider the Black Warrior waterdog vulnerable to other natural 
or manmade factors, because low population densities combined with 
fragmentation of habitat renders the Black Warrior waterdog populations 
extremely vulnerable to inbreeding depression (negative genetic effects 
of small populations) (Wright et al. 2008, p. 833) and catastrophic 
events such as flood, drought, or chemical spills (Black Warrior River 
Watershed Management Plan n.d., p. 4.4).

Cumulative Effects of Threats

    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to the Black Warrior waterdog. Threats to the remaining Black Warrior 
waterdog populations exist primarily from two of the five threat 
factors (Factors A and E), and existing laws and regulations provide 
only minimal protection against habitat loss (Factor D). Threats also 
occur in combination, resulting in synergistically greater effects. For 
instance, in combination with the other threats identified in this 
proposed rule, a catastrophic hazardous materials spill could increase 
the species' risk of extinction by reducing its overall probability of 
persistence. Therefore, we consider hazardous material spills to be an 
ongoing significant threat to the Black Warrior waterdog due to the 
species' limited distribution, the abundance of potential sources of 
spills, and the number of salamanders that could be killed during a 
single spill event (Factor E).

Proposed Determination

    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 Black Warrior 
waterdog is presently in danger of extinction throughout its entire 
range based on the severity and immediacy of threats currently 
impacting the species. The overall range has been significantly 
reduced, and the remaining habitat and populations face threats from a 
variety of factors (Factors A and E) acting in combination to reduce 
the overall viability of the species. The risks of extinction are high 
because the remaining populations are small, isolated, and have limited 
potential for recolonization (Factor E). Therefore, on the basis of the 
best available scientific and commercial information, we propose to 
list the Black Warrior waterdog as an endangered species 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 
Black Warrior waterdog because of the species' contracted range, loss 
of habitat due to water quality degradation (sedimentation, toxins, and 
nutrients), fragmentation of the populations caused by impoundments, 
rangewide (not localized) threats, and ongoing threats expected to 
continue into the future.

Significant Portion of the Range

    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 Black 
Warrior waterdog is endangered 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 under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing actions 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. Section 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'

[[Page 69507]]

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-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. If this 
species is listed, 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 Alabama Ecological Services 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 Alabama would be 
eligible for Federal funds to implement management actions that promote 
the protection or recovery of the Black Warrior waterdog. Information 
on our grant programs that are available to aid species recovery can be 
found at: http://www.fws.gov/grants.
    Although the Black Warrior waterdog 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) 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 Service, U.S. Forest 
Service, and Bureau of Land Management; issuance of section 404 Clean 
Water Act permits by the U.S. Army Corps of Engineers; construction and 
maintenance of gas pipeline and power line rights-of-way by the Federal 
Energy Regulatory Commission; construction and maintenance of roads or 
highways by the Federal Highway Administration; land management 
practices supported by programs administered by the U.S. Department of 
Agriculture; Environmental Protection Agency pesticide registration; 
and projects funded through Federal loan programs which include, but 
are not limited to, roads and bridges, utilities, recreation sites, and 
other forms of development.
    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 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 species 
proposed for listing. Based on the best available information, the 
following actions are unlikely to result in a violation of section 9, 
if these activities are carried out in accordance with existing 
regulations and permit requirements; this list is not comprehensive:
    (1) Normal agricultural and silvicultural practices, including 
herbicide and pesticide use, which are carried out in accordance with 
any existing regulations, permit, and label requirements, and best 
management practices; and
    (2) Normal residential development and landscape activities, which 
are carried out in accordance with any existing regulations, permit

[[Page 69508]]

requirements, and best management practices.
    Based on the best available information, the following activities 
may potentially result in a violation of section 9 the Act; this list 
is not comprehensive:
    (1) Unauthorized introduction of nonnative species that compete 
with or prey upon the Black Warrior waterdog;
    (2) Unauthorized collecting, handling, possessing, selling, 
delivering, carrying, or transporting of the species, including import 
or export across State lines and international boundaries, except for 
properly documented antique specimens of this taxa, as defined by 
section 10(h)(1) of the Act;
    (3) Unauthorized destruction or alteration of Black Warrior 
waterdog habitat that results in destruction or loss of leaf packs and 
rocky substrate (rock crevices in the creek or stream);
    (4) Unauthorized discharge of chemicals or fill material into any 
waters in which the Black Warrior waterdog is known to occur; and
    (5) Actions, intentional or otherwise, that would result in the 
destruction of eggs or cause mortality or injury to hatchling, 
juvenile, or adult Black Warrior waterdogs.
    Questions regarding whether specific activities would constitute a 
violation of section 9 of the Act should be directed to the Alabama 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
    Section 4(a)(3) of the Act requires the Secretary, at the time a 
species is listed as endangered or threatened, to designate critical 
habitat to the maximum extent prudent and determinable. Elsewhere in 
this issue of the Federal Register, we propose to designate critical 
habitat for the Black Warrior waterdog.

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;
    (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

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act (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 proposed rule is 
available on the Internet at http://www.regulations.gov and upon 
request from the Alabama Ecological Services Field Office (see FOR 
FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Alabama Ecological Services Field 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; and 4201-4245, 
unless otherwise noted.

0
2. Amend Sec.  17.11(h) by adding an entry for ``Waterdog, Black 
Warrior'' to the List of Endangered and Threatened Wildlife in 
alphabetical order under AMPHIBIANS to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                              Listing citations
           Common name               Scientific name        Where listed         Status         and applicable
                                                                                                    rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
            Amphibians
 
                                                  * * * * * * *
     Waterdog, Black Warrior       Necturus             Wherever found.....  E               [Federal Register
                                    alabamensis.                                              citation of the
                                                                                              final rule]
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: September 26, 2016.
Stephen Guertin
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-24119 Filed 10-5-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                  69500                 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules

                                                  *      *     *       *      *                           0029, U.S. Fish and Wildlife Service,                    (4) Additional information concerning
                                                    Dated: September 26, 2016.                            MS: BPHC, 5275 Leesburg Pike, Falls                   the historical and current status, range,
                                                  Karen Hyun,
                                                                                                          Church, VA 22041–3803.                                distribution, and population size of this
                                                                                                            We request that you send comments                   species, including the locations of any
                                                  Acting Principal Deputy Assistant Secretary
                                                  for Fish and Wildlife and Parks.                        only by the methods described above.                  additional populations of this species.
                                                                                                          We will post all comments on http://                     Please include sufficient information
                                                  [FR Doc. 2016–24118 Filed 10–5–16; 8:45 am]
                                                                                                          www.regulations.gov. This generally                   with your submission (such as scientific
                                                  BILLING CODE 4333–15–C                                                                                        journal articles or other publications) to
                                                                                                          means that we will post any personal
                                                                                                          information you provide us (see Public                allow us to verify any scientific or
                                                                                                          Comments, below, for more                             commercial information you include.
                                                  DEPARTMENT OF THE INTERIOR                                                                                       Please note that submissions merely
                                                                                                          information).
                                                                                                                                                                stating support for or opposition to the
                                                  Fish and Wildlife Service                               FOR FURTHER INFORMATION CONTACT:                      action under consideration without
                                                                                                          William Pearson, Field Supervisor, U.S.               providing supporting information,
                                                  50 CFR Part 17                                          Fish and Wildlife Service, Alabama                    although noted, will not be considered
                                                  [Docket No. FWS–R4–ES–2016–0029;                        Ecological Services Field Office, 1208                in making a determination, as section
                                                  4500030113]                                             Main Street, Daphne, AL 36526; by                     4(b)(1)(A) of the Act (16 U.S.C. 1531 et
                                                                                                          telephone 251–441–5184; or by                         seq.) directs that determinations as to
                                                  RIN 1018–BA78                                           facsimile 251–441–6222. Persons who                   whether any species is a threatened or
                                                                                                          use a telecommunications device for the               endangered species must be made
                                                  Endangered and Threatened Wildlife                      deaf (TDD) may call the Federal
                                                  and Plants; Endangered Species                                                                                ‘‘solely on the basis of the best scientific
                                                                                                          Information Relay Service (FIRS) at                   and commercial data available.’’
                                                  Status for Black Warrior Waterdog                       800–877–8339.                                            You may submit your comments and
                                                  AGENCY:   Fish and Wildlife Service,                    SUPPLEMENTARY INFORMATION:                            materials concerning this proposed rule
                                                  Interior.                                                                                                     by one of the methods listed in
                                                                                                          Information Requested                                 ADDRESSES. We request that you send
                                                  ACTION: Proposed rule.
                                                                                                          Public Comments                                       comments only by the methods
                                                  SUMMARY:    We, the U.S. Fish and                                                                             described in ADDRESSES.
                                                                                                            We intend that any final action                        If you submit information via http://
                                                  Wildlife Service (Service), propose to
                                                                                                          resulting from this proposed rule will be             www.regulations.gov, your entire
                                                  list the Black Warrior waterdog
                                                                                                          based on the best scientific and                      submission—including any personal
                                                  (Necturus alabamensis), an aquatic
                                                                                                          commercial data available and be as                   identifying information—will be posted
                                                  salamander from the Black Warrior
                                                                                                          accurate and as effective as possible.                on the Web site. If your submission is
                                                  River Basin of Alabama, as an
                                                                                                          Therefore, we request comments or                     made via a hardcopy that includes
                                                  endangered species under the
                                                                                                          information from other concerned                      personal identifying information, you
                                                  Endangered Species Act (Act) because
                                                                                                          governmental agencies, Native                         may request at the top of your document
                                                  of the severity and immediacy of threats
                                                                                                          American tribes, the scientific                       that we withhold this information from
                                                  currently impacting the species. If we
                                                                                                          community, industry, or any other                     public review. However, we cannot
                                                  finalize this rule as proposed, it would
                                                                                                          interested parties concerning this                    guarantee that we will be able to do so.
                                                  extend the Act’s protections to this
                                                                                                          proposed rule. We particularly seek                   We will post all hardcopy submissions
                                                  species.
                                                                                                          comments concerning:                                  on http://www.regulations.gov.
                                                  DATES:  We will accept comments                           (1) The Black Warrior waterdog’s                       Comments and materials we receive,
                                                  received or postmarked on or before                     biology, range, and population trends,                as well as supporting documentation we
                                                  December 5, 2016. Comments submitted                    including:                                            used in preparing this proposed rule,
                                                  electronically using the Federal                          (a) Biological or ecological                        will be available for public inspection
                                                  eRulemaking Portal (see ADDRESSES,                      requirements of the species, including                on http://www.regulations.gov, or by
                                                  below) must be received by 11:59 p.m.                   habitat requirements for feeding,                     appointment, during normal business
                                                  Eastern Time on the closing date. We                    breeding, and sheltering;                             hours, at the U.S. Fish and Wildlife
                                                  must receive requests for public                          (b) Genetics and taxonomy;                          Service, Alabama Ecological Services
                                                  hearings, in writing, at the address                      (c) Historical and current range,                   Field Office (see FOR FURTHER
                                                  shown in FOR FURTHER INFORMATION                        including distribution patterns;                      INFORMATION CONTACT).
                                                  CONTACT by November 21, 2016.                             (d) Historical and current population
                                                  ADDRESSES: You may submit comments                      levels, and current and projected trends;             Public Hearing
                                                  by one of the following methods:                        and                                                      Section 4(b)(5) of the Act requires us
                                                    (1) Electronically: Go to the Federal                   (e) Past and ongoing conservation                   to hold one or more public hearings on
                                                  eRulemaking Portal: http://                             measures for the species, its habitat, or             this proposal, if requested. Requests
                                                  www.regulations.gov. In the Search box,                 both.                                                 must be received within 45 days after
                                                  enter FWS–R4–ES–2016–0029, which is                       (2) Factors that may affect the                     the date of publication of this proposed
                                                  the docket number for this rulemaking.                  continued existence of the species,                   rule in the Federal Register (see DATES,
                                                  Then click on the Search button. On the                 which may include habitat modification                above). Such requests must be sent to
                                                  resulting page, in the Search panel on                  or destruction, overutilization, disease,             the address shown in the FOR FURTHER
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                                                  the left side of the screen, under the                  predation, the inadequacy of existing                 INFORMATION CONTACT section. We will
                                                  Document Type heading, click on the                     regulatory mechanisms, or other natural               schedule public hearings on this
                                                  Proposed Rules link to locate this                      or manmade factors.                                   proposal, if any are requested, and
                                                  document. You may submit a comment                        (3) Biological, commercial trade, or                announce the dates, times, and places of
                                                  by clicking on ‘‘Comment Now!’’                         other relevant data concerning any                    those hearings, as well as how to obtain
                                                    (2) By hard copy: Submit by U.S. mail                 threats (or lack thereof) to this species             reasonable accommodations, in the
                                                  or hand-delivery to: Public Comments                    and existing regulations that may be                  Federal Register and local newspapers
                                                  Processing, Attn: FWS–R4–ES–2016–                       addressing those threats.                             at least 15 days before the hearing.


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                                                                        Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules                                          69501

                                                  Peer Review                                             provided information the Service                      threatened under the Act (52 FR 22418;
                                                     In accordance with our joint policy on               already had in its files and had used to              June 11, 1987) and which is restricted
                                                  peer review published in the Federal                    identify the species as warranted for                 to permanent streams above the Fall
                                                  Register on July 1, 1994 (59 FR 34270),                 listing. As a result, no further action was           Line in the Black Warrior Basin (Mount
                                                  we will seek the expert opinions of at                  taken on the petition. The Black Warrior              1975, p. 303). The waterdog received
                                                  least three appropriate and independent                 waterdog has a listing priority number                little attention between the time it was
                                                  specialists regarding this proposed rule.               of 2, which means that the candidate is               described in 1937 and the mid-1980s,
                                                  The purpose of peer review is to ensure                 a species with threats that are both                  when it was found during surveys in the
                                                                                                          imminent and high in magnitude.                       Tennessee-Tombigbee Waterway
                                                  that our listing determination is based
                                                                                                                                                                (Ashton and Peavy 1985, pp. 1–15).
                                                  on scientifically sound data,                           Species Information                                   During this time, reference to the
                                                  assumptions, and analyses. The peer
                                                                                                          Taxonomy and Species Description                      species, beyond field guides and
                                                  reviewers will inform our
                                                                                                                                                                summary descriptions, could be found
                                                  determination. We invite comments                          The Black Warrior waterdog is a large,
                                                                                                                                                                in only three scientific publications and
                                                  from the peer reviewers during this                     aquatic, nocturnal salamander that
                                                                                                                                                                one unpublished doctoral dissertation
                                                  public comment period.                                  permanently retains a larval form and
                                                                                                                                                                (Hecht 1958, pp. 4, 17; Neil 1963, pp.
                                                                                                          external gills throughout its life (Conant
                                                  Previous Federal Actions                                                                                      166–174; Gunter and Brode 1964, pp.
                                                                                                          and Collins 1998, pp. 419–420). Its head
                                                     The Black Warrior waterdog (then                                                                           114–126; Brode 1969, pp. 21–22, 62–64,
                                                                                                          and body are depressed; its tail is                   132).
                                                  known as the Sipsey Fork waterdog)                      compressed laterally, and each of its                    There are a total of 11 historical
                                                  was first identified as a Category 2                    four legs has a foot with four toes.                  records from sites in Blount,
                                                  species in our 1982 Review of                           Larval Black Warrior waterdogs (28 to                 Tuscaloosa, Walker, and Winston
                                                  Vertebrate Wildlife for Listing as                      48 millimeters (mm) (1 to 2 inches (in)               Counties, Alabama. The historical
                                                  Endangered or Threatened Species (47                    total length)) are dark brown or black on             waterdog records are sites from 10
                                                  FR 58454, December 30, 1982). Category                  their dorsum (upper surfaces) and have                streams or major segments: Sipsey Fork
                                                  2 candidates were defined as taxa for                   two light stripes running along their                 (two sites) of the Black Warrior River
                                                  which we had information that                           sides (Bailey 2000, p. 1). Adults may                 and Brushy Creek (a tributary to Sipsey
                                                  proposed listing was possibly                           reach a maximum of 240 mm (9.5 in)                    Fork) in Winston County; Locust Fork
                                                  appropriate, but for which substantial                  total length; subadults (40 to 100 mm                 and Blackburn Fork of the Little Warrior
                                                  data on biological vulnerability and                    (1.5 to 4 in) total length) do not have the           River in Blount County; Mulberry Fork,
                                                  threats were not available to support a                 stripes that are present on larvae and are            Lost Creek, and Blackwater Creek in
                                                  proposed rule at the time. The species                  not conspicuously marked, although                    Walker County; and Yellow Creek,
                                                  remained on subsequent annual                           they do have a dark stripe extending                  North River, and Black Warrior River in
                                                  candidate notices of review (CNORs) (56                 from the nostril through the eye to the               Tuscaloosa County (Viosca 1937, pp.
                                                  FR 58804, November 21, 1991; 59 FR                      gills. Adults are usually brown, may be               120–122, 137–138; Ashton and Peavy
                                                  58982, November 15, 1994). In the                       spotted or unspotted, and retain the                  1985, pp. 1–15; Bailey 1992, pp. 7–9,
                                                  February 28, 1996, CNOR (61 FR 7596),                   dark eye stripe (Bailey 2000, p. 1). The              16–27; Bailey 1995, pp. 16–27; Bart et
                                                  we discontinued the designation of                      ventral surface of all age classes is plain           al. 1997, pp. 194–195, 198–200; Guyer
                                                  Category 2 species as candidates;                       white.                                                1997, p. 9; Bailey 2000, pp. 3–5). Only
                                                  therefore, the Black Warrior waterdog                      In 1937, Viosca (1937, pp. 120–138)                two of these records (Black Warrior
                                                  was no longer a candidate species.                      described the Black Warrior waterdog as               River ‘‘near Tuscaloosa’’ in 1914 and
                                                     In 1999, the Black Warrior waterdog                  Necturus alabamensis. In subsequent                   1937, and Mulberry Fork ‘‘at Cordova’’
                                                  was again added to the candidate list                   years, the name N. alabamensis was                    in 1938) were documented prior to the
                                                  (64 FR 57534, October 25, 1999). At                     mistakenly applied to other waterdogs                 mid-1980s. These localities have since
                                                  present, candidates are those fish,                     within the peer-reviewed literature. The              been inundated by impoundments.
                                                  wildlife, and plants for which we have                  taxonomy of the Black Warrior waterdog                   Bailey (2000, pp. 1–24) conducted a
                                                  on file sufficient information on                       was clarified by Bart et al. (1997, pp.               habitat assessment of the 11 sites
                                                  biological vulnerability and threats to                 192–201), and the original description                verified as Black Warrior waterdog
                                                  support preparation of a listing                        by Viosca (1937, pp. 120–138) remains                 localities prior to 1993. Bailey assessed
                                                  proposal, but for which development of                  valid. The available taxonomic                        the sites using subjective impressions of
                                                  a listing rule is precluded by other                    information on N. alabamensis has been                habitat suitability using parameters such
                                                  higher priority listing activities. The                 carefully reviewed, and we conclude                   as stream width and depth, water
                                                  Black Warrior waterdog was included in                  that this species is a valid taxon.                   quality, substrate, structure (crevices,
                                                  all of our subsequent annual CNORs (66                                                                        logs, etc.), and invertebrate fauna. Sites
                                                  FR 54808, October 30, 2001; 67 FR                       Distribution
                                                                                                                                                                were stratified into four categories:
                                                  40657, June 13, 2002; 69 FR 24876, May                    The Black Warrior waterdog                          Good to excellent, moderate, poor to
                                                  4, 2004; 70 FR 24870, May 11, 2005; 71                  (waterdog) is found only within streams               unsuitable, and impounded. Bailey
                                                  FR 53756, September 12, 2006; 72 FR                     within the Black Warrior River Basin                  concluded that one (9 percent) of the
                                                  69034, December 6, 2007; 73 FR 75176,                   (Basin) in Alabama. The waterdog                      sites was good to excellent, four (36
                                                  December 10, 2008; 74 FR 57804,                         inhabits streams above the Piedmont                   percent) were of moderate quality, two
                                                  November 9, 2009; 75 FR 69222,                          Fall Line (the contact between the
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                                                                                                                                                                (18 percent) were poor to unsuitable,
                                                  November 10, 2010; 76 FR 66370,                         Coastal Plain and the adjacent Upland                 and four (36 percent) were in
                                                  October 26, 2011; 77 FR 69994,                          provinces) within the Basin in Alabama,               impoundments.
                                                  November 21, 2012; 78 FR 70104,                         including parts of the North River,
                                                  November 22, 2013; 79 FR 72450,                         Locust Fork, Mulberry Fork, and Sipsey                Current Range and Distribution
                                                  December 5, 2014; 80 FR 80584,                          Fork drainages and their tributaries.                   At least 112 sites have been sampled
                                                  December 24, 2015). On May 11, 2004,                      Waterdog habitat is similar to that of              for the Black Warrior waterdogs since
                                                  we were petitioned to list the Black                    the flattened musk turtle (Sternotherus               1990 (1990, 1991, 1992, 1994, 1996,
                                                  Warrior waterdog. The petitioner                        depressus), a species listed as                       1997, 1998, 2008, 2009, 2011, 2012, and


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                                                  69502                 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules

                                                  2013) (Bailey 1995, pp. 16–27; Guyer                    (BNF property), and Yellow Creek                      (Ephemeroptera spp.) and caddisfly
                                                  1997, pp. 19–21 and 1998, pp. 6–7;                      (Godwin 2014, pers. comm.), although                  (Trichoptera spp.) larvae.
                                                  Durflinger-Moreno et al. 2006, pp. 73–                  no waterdogs were captured at the time.
                                                  74; Stoops et al. 2010, p. 6; Alabama                                                                         Biology
                                                                                                          Population Estimates and Status
                                                  Natural Heritage Program 2011, p. 4; 78                                                                          Very little is known about the life
                                                  FR 70104, November 22, 2013, p. 70125;                    Each of the 14 sites verified as a Black            history of the Black Warrior waterdog.
                                                  Godwin 2014, pers. comm.; Godwin                        Warrior waterdog locality (see above)                 Additionally, data are generally limited
                                                  2013b, p. 1). Survey sites included all                 represented individual populations.                   for other species of the southeastern
                                                  stream localities within the range of the               Very little is known about the status of              Necturus waterdogs, as well.
                                                  species that approached or intersected                  these populations. Only one or two
                                                  roads and had appropriate habitat. Since                animals were captured at survey sites                    Reproduction in the Black Warrior
                                                  1990, the species has been reported                     with the exception of Sipsey Fork,                    waterdog is aquatic. Egg disposition
                                                  from only 14 sites. These sites are in                  which was chosen for an indepth study                 sites and clutch sizes are unknown.
                                                  Blount (Blackburn Fork of the Little                    because waterdogs were most common                    However, in the closely related Gulf
                                                  Warrior River), Marshall (Slab Creek,                   there (Durflinger-Moreno et al. 2006, pp.             Coast waterdog (Necturus beyeri),
                                                  tributary to Locust Fork), Tuscaloosa                   70–71). Fifty-two waterdogs were                      females attach their eggs singly to the
                                                  (Yellow Creek, North River, Carroll                     captured at the Sipsey Fork site over a               undersides of underwater substrate
                                                  Creek, Lye Branch, Mulberry Fork),                      3-year period representing 173,160 trap               (summarized in Guyer 2005, p. 868).
                                                  Walker (Lost Creek, Little Blackwater                   hours (1 waterdog/3,330 trap hours).                  Sexually active Black Warrior waterdog
                                                  Creek), and Winston (Sipsey Fork,                       Thirty-five (67 percent) animals were                 adults have been found in rock crevices
                                                  Blackwater Creek, Browns Creek,                         adults, 5 (10 percent) were subadults,                (Bailey 2005, p. 867), and thus egg
                                                  Brushy Creek, Capsey Creek) Counties,                   and 12 (23 percent) were larvae. The                  deposition may occur at these sites.
                                                  Alabama. Guyer (1997, pp. 3–4) did a                    number of adult males and females                     Clutch sizes ranging from 4 to 40 eggs
                                                  statistical analysis of all waterdog field              captured was not significantly different              were reported in a summary of research
                                                  survey data. The relationship between                   from an expected 1:1 sex ratio                        conducted on the Gulf Coast waterdog
                                                  cumulative number of site visits and the                (Durflinger-Moreno et al. 2006, p. 79). In            (Guyer 2005, p. 868). Ashton and Peavy
                                                  cumulative number of sites containing                   the Sipsey Fork, the high number of                   (1986, p. 64) collected post hatchling
                                                  waterdogs indicated that 200 additional                 sexually mature individuals indicates                 Black Warrior waterdog larvae in
                                                  surveys would be needed to discover a                   that recruitment and survival rates of                December; this suggests that nesting
                                                  single new locality for the species                     the young age classes may be low                      may occur in late spring or summer.
                                                  (Guyer 1997, p. 4).                                     (Durflinger-Moreno et al. 2006, p. 79).               Reproductive maturity is probably
                                                     No waterdogs were recently captured                    The viability of any Black Warrior                  attained in the third winter or at 2.5
                                                  at any historic localities outside of                   waterdog population, including Sipsey                 years of age (Bailey 2005, p. 867).
                                                  William Bankhead National Forest                        Fork population, is unknown.                             Aestivation (spending the summer in
                                                  (BNF). Therefore, we believe the                                                                              a state of inactivity) in Black Warrior
                                                                                                          Habitat
                                                  populations are in decline outside of                                                                         waterdogs is suspected, as no specimens
                                                  BNF. Only through the use of                               Rocks, submerged ledges, and other                 have been collected during the summer
                                                  environmental DNA (eDNA) have we                        cover play important roles in                         (Bailey 2005, p. 867). A similar seasonal
                                                  been able to determine that the species                 determining habitat suitability for the               pattern of activity primarily in winter
                                                  is still present at some historic                       Black Warrior waterdog (Ashton and                    and spring is also seen in other species
                                                  locations. Environmental DNA is a                       Peavy 1986, p. 64). Semi-permanent leaf               of Necturus (Dundee 2005, p. 872;
                                                  surveillance tool used to monitor for the               beds (where they exist) are visited                   Guyer 2005, p. 868).
                                                  genetic presence of an aquatic species.                 frequently (Ashton and Peavy 1986, p.                    Larval and adult Black Warrior
                                                  According to Strickler (2015, p.                        64). Larvae and adult waterdogs are
                                                                                                                                                                waterdogs are assumed to be
                                                  1),’’Environmental DNA has proven to                    reliably found only in these submerged
                                                                                                                                                                opportunistic carnivores, but prey taken
                                                  be a sensitive, accurate, and cost-                     leaf beds, and they may use them for
                                                                                                                                                                in the wild has not been described.
                                                  efficient tool for species detection in                 both shelter and foraging habitat (Bailey
                                                                                                                                                                Adults are attracted to traps baited with
                                                  aquatic environments and is especially                  2000, p. 3). Guyer (1997, pp. 1–21)
                                                                                                                                                                fish-flavored cat food (Bailey 2005, p.
                                                  attractive because it’s non-invasive and                analyzed habitats to distinguish sites
                                                                                                                                                                867). Captive Black Warrior waterdogs
                                                  poses no risk to aquatic animals. Even                  with waterdogs from those lacking the
                                                                                                                                                                have eaten small fish and earthworms
                                                  when an aquatic animal can’t be seen or                 species. He found that Black Warrior
                                                                                                                                                                (Bailey 2005, p. 867). Crayfish, isopods,
                                                  heard, it leaves traces of itself in the                waterdogs were associated with clay
                                                                                                                                                                amphipods, freshwater clams, and
                                                  water by shedding skin, excreting waste,                substrates lacking silt, wide and shallow
                                                                                                                                                                insects (including mayflies, caddisflies,
                                                  releasing gametes and decomposing.                      stream morphology, increased snail and
                                                                                                          dusky salamander (Desmognathus spp.)                  dragonfly naiads, dytiscid beetles, and
                                                  Investigators collect a water sample to
                                                  detect the target species’ DNA and                      abundance, and decreased Asiatic clam                 midges) have been reported as prey
                                                  determine whether the species has                       (Corbicula fluminea) occurrence.                      items in Gulf Coast waterdogs (Guyer
                                                  recently been in the water body.’’ Field                Durflinger-Moreno et al. (2006, pp. 70–               2005, p. 868).
                                                  surveys conducted between 2008 and                      80) completed an additional assessment                   Home ranges of Black Warrior
                                                  2012 at historical localities indicated                 of 112 localities surveyed for waterdogs.             waterdogs are likely small as in other
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                                                  only one population was still persisting                At a regional scale, Black Warrior                    species of the southeastern Necturus. As
                                                  in the BNF, Winston County (Stoops et                   waterdogs were associated with stream                 much more is known about the Gulf
                                                  al. 2010, p. 1–6; Godwin 2014, pers.                    depths of 1 to 4 meters (m) (3.3 to 13.1              Coast waterdog, we are basing our
                                                  comm.; Godwin 2013a, p. 1 and 2013b,                    feet (ft)), reduced sedimentation, and                analysis on its mark-recapture study
                                                  p. 1). Additionally, the use of eDNA in                 large leaf packs (leaves that fall into               where all recaptures were within 64 m
                                                  2013 and 2014 indicated that Black                      streams accumulate in packs usually                   (210 ft) of the original capture and
                                                  Warrior waterdogs were still present in                 behind branches, rocks, and other                     release site (summarized in Guyer 2005,
                                                  Locust Fork, Gurley Creek, Rush Creek                   obstructions) supporting mayfly                       p. 868).


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                                                                        Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules                                          69503

                                                  Summary of Factors Affecting the                        Discharges                                            decrease in stream salamander density
                                                  Species                                                    Sources of point (point source                     with increasing urban development. A
                                                                                                          discharge) and nonpoint (land surface                 similar relationship between
                                                     Section 4 of the Act (16 U.S.C. 1533),                                                                     salamander populations and
                                                  and its implementing regulations at 50                  runoff) pollution in the Basin have been
                                                                                                          numerous and widespread. Point                        urbanization was found in another
                                                  CFR part 424, set forth the procedures                                                                        study on the dusky salamander, two-
                                                                                                          pollution is generated from
                                                  for adding species to the Federal Lists                                                                       lined salamander (Eurycea bislineata),
                                                                                                          inadequately treated effluent from
                                                  of Endangered and Threatened Wildlife                                                                         southern two-lined salamander (Eurycea
                                                                                                          industrial plants, sanitary landfills,
                                                  and Plants. Under section 4(a)(1) of the                                                                      cirrigera), and other species in North
                                                                                                          sewage treatment plants, and drain
                                                  Act, we may list a species based on: (A)                                                                      Carolina (Price et al. 2006, pp. 437–439;
                                                                                                          fields from individual private homes
                                                  The present or threatened destruction,                                                                        Price et al. 2012a, p. 198), Maryland,
                                                                                                          (Service 2000, pp. 12–13). Nonpoint
                                                  modification, or curtailment of its                                                                           and Virginia (Grant et al. 2009, pp.
                                                                                                          pollution originates from agricultural
                                                  habitat or range; (B) overutilization for                                                                     1,372–1,375). Willson and Dorcas (2003,
                                                                                                          activities, poultry and cattle feedlots,
                                                  commercial, recreational, scientific, or                abandoned mine runoff, construction,                  pp. 768–770) demonstrated the
                                                  educational purposes; (C) disease or                    silviculture, failing septic tanks, and               importance of examining disturbance
                                                  predation; (D) the inadequacy of                        contaminated runoff from urban areas                  within the entire watershed as opposed
                                                  existing regulatory mechanisms; or (E)                  (Deutsch et al. 1990, pp. 1–62, Upper                 to areas just adjacent to the stream by
                                                  other natural or manmade factors                                                                              showing that salamander abundance in
                                                                                                          Black Warrior Technical Task Force
                                                  affecting its continued existence. Listing                                                                    the dusky and two-lined salamanders is
                                                                                                          1991, p. 1; O’Neil and Sheppard 2001,
                                                  actions may be warranted based on any                                                                         most closely related to the amount and
                                                                                                          p. 2). These sources contribute pollution
                                                  of the above threat factors, singly or in                                                                     type of habitat within the entire
                                                                                                          to the Basin via sediments, fertilizers,
                                                  combination. Each of these factors is                                                                         watershed.
                                                                                                          herbicides, pesticides, animal wastes,                   The large population centers such as
                                                  discussed below.                                        septic tank and gray water leakage, and               Birmingham, Tuscaloosa, and Jasper
                                                  Factor A. The Present or Threatened                     oils and greases. Water quality and                   contribute substantial runoff to the
                                                  Destruction, Modification, or                           native aquatic fauna have declined as a               Basin. The watershed occupied by these
                                                  Curtailment of Its Habitat or Range                     result of this pollution, which causes                three cities contains more industrial and
                                                                                                          nitrification, decreases in dissolved                 residential land area than other river
                                                     Water quality degradation is the                     oxygen concentration, and increases in                basins in Alabama. Streams draining
                                                  primary threat to the continued                         acidity and conductivity. These                       these areas have a history of serious
                                                  existence of the Black Warrior waterdog.                alterations have a direct effect on the               water quality problems, as described
                                                  Bailey (2000, pp. 19–20) considered                     survival of Black Warrior waterdogs,                  above. Species of fish, mussels, and
                                                  water quality degradation to be the                     which, due to their highly permeable                  snails (Mettee et al. 1989, pp. 14–16;
                                                  primary reason for the extirpation of                   skin (Duellman and Trueb 1986, p. 197)                Hartfield 1990, pp. 1–8), and
                                                  this species over much of its historical                and external gills, are very sensitive to             populations of the flattened musk turtle
                                                  range in the upper Black Warrior River                  declines in water quality and oxygen                  (Service 1990, p. 3), have been
                                                  system. Changes in water chemistry and                  concentration.                                        extirpated from large areas of the
                                                  flow patterns, resulting in a decrease in                  Urbanization is a significant source of            watershed primarily due to water
                                                  water quality and quantity have                         water quality degradation that can                    quality degradation. For example,
                                                  detrimental effects on salamander                       reduce the survival of aquatic                        Mettee et al. (1989, pp. 14–16) noted the
                                                  ecology because they can render aquatic                 organisms, such as the Black warrior                  absence of at least nine fish species from
                                                  habitat unsuitable for salamanders.                     waterdog (Bowles et al. 2006, p. 119;                 streams draining the Birmingham
                                                  Substrate modification is also a major                  Chippindale and Price 2005, pp. 196–                  metropolitan area where they had
                                                  concern for aquatic salamander species                  197). Urban development leads to                      previously been common, and Hartfield
                                                  (Geismar 2005, p. 2; O’Donnell et al.                   various stressors on aquatic systems,                 (1990, pp. 1–8) documented the
                                                  2006, p. 34). Unobstructed interstitial                 including increased frequency and                     extirpation of 39 to 40 species of
                                                  space (pertaining to being between                      magnitude of high flows in streams,                   mussels from individual tributaries of
                                                  things, especially between things that                  increased sedimentation, increased                    the Black Warrior River. In addition,
                                                  are normally close) is a critical                       contamination and toxicity, and changes               highway construction may reroute
                                                  component of the habitat for the Black                  in stream morphology and water                        streams or change their shape.
                                                  Warrior waterdog, because it provides                   chemistry (Coles et al. 2012, pp. 1–3, 24,
                                                  cover from predators and habitat for                    38, 50–51). Urbanization can also                     Forest Management
                                                  their macroinvertebrate prey items                      impact aquatic species by negatively                     Forestry operations and road
                                                  within the sites. When the interstitial                 affecting their invertebrate prey base                construction are also sources of
                                                  spaces become compacted or filled with                  (Coles et al. 2012, p. 4). Urbanization               nonpoint pollution when best
                                                  fine sediment, the amount of available                  also increases the sources and risks of               management practices (BMPs) are not
                                                  foraging habitat and protective cover for               an acute or catastrophic contamination                followed to protect streamside
                                                  salamanders with these behaviors is                     event, such as a leak from an                         management zones (Hartfield 1990, pp.
                                                  reduced, resulting in population                        underground storage tank or a                         4–6; Service 2000, p. 13). Logging can
                                                  declines (Welsh and Ollivier 1998, pp.                  hazardous materials spill on a highway.               cause erosion, siltation, and streambed
                                                  1, 128; Geismar 2005, p. 2; O’Donnell et                Several researchers have examined the                 structural changes from the introduction
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                                                  al. 2006, p. 34). Most streams surveyed                 negative impact of urbanization on                    of tree slash. Forestry road construction,
                                                  for the Black Warrior waterdog showed                   stream salamander habitat by making                   stream crossings, and bridge
                                                  evidence of water quality degradation,                  connections between salamander                        replacements can also result in
                                                  and many appeared biologically                          abundances and levels of development                  increased sedimentation, and runoff
                                                  depauperate (limited aquatic species                    within the watershed. In a 1972 study                 may introduce toxic chemicals into
                                                  diversity) (Bailey 1992, p. 2 and 1995,                 on the dusky salamander                               streams. According to Alabama’s BMPs
                                                  p. 11; Durflinger-Moreno et al. 2006, p.                (Desmognathus fuscus) in Georgia,                     for forestry, stream management zones
                                                  78).                                                    Orser and Shure (p. 1,150) found a                    (SMZs) should be 35 ft (50 ft for


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                                                  69504                 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules

                                                  sensitive areas). Recently, the forest                  quality may likewise affect the Black                 impoundments further renders these
                                                  industry has begun to self-regulate                     Warrior waterdog.                                     lakes unsuitable for the Black Warrior
                                                  SMZs through a certification program in                    Black Warrior waterdogs are                        waterdog. Impoundments have been
                                                  which mills will not accept timber from                 vulnerable to sedimentation, and the                  entrapments for waterdogs.
                                                  foresters who do not comply with                        associated pollution concentrated in                     Two historical populations of the
                                                  SMZs.                                                   sediments, as they spend virtually all of             Black Warrior waterdog have been lost
                                                                                                          their lives at the stream bottom and                  due to impoundments. Of the remaining
                                                  Surface Mining                                          would be in almost constant contact                   historical populations, only one appears
                                                     Surface mining represents another                    with any toxic substances that may be                 to be holding on in numbers sufficient
                                                  threat to the biological integrity of                   present (Bailey 1995, p. 10). The skin of             enough to be captured regularly (Sipsey
                                                  streams in the Basin and has                            amphibians is highly permeable, and                   Fork on BNF). A second population is
                                                  undoubtedly, in the past, affected the                  water is exchanged readily with the                   present on Locust Fork, but the numbers
                                                  distribution of the Black Warrior                       environment. As a result, the respiration             of waterdogs present appears low, based
                                                  waterdog (Bailey 1995, p. 10). Strip                    (breathing) and osmoregulation (balance               on the erratic capture success at the site.
                                                  mining for coal results in hydrologic                   of body fluids) of Black Warrior                      Through the use of eDNA, Godwin
                                                  problems (i.e., erosion, sedimentation,                 waterdogs would be negatively affected                (2014, pers. comm.) identified a
                                                  decline in groundwater levels, and                      by toxic sediments. Excessive sediments               historical site on Yellow Creek as
                                                  general degradation of water quality)                   also impact the hard stream and river                 having Black Warrior waterdogs present.
                                                  that affect many aquatic organisms                      bottoms by making the habitat                         A couple years later, in 2016, a Black
                                                  (Service 2000, p. 12). Runoff from coal                 unsuitable for feeding or reproduction                Warrior waterdog was indeed captured
                                                  surface mining generates pollution                      of Black Warrior waterdogs. For                       in Yellow Creek. Further, Godwin also
                                                  through acidification, increased                        example, sediments have been shown to                 identified two new sites in the Basin
                                                  mineralization, and sediment loading.                   affect respiration, growth, reproductive              through the eDNA method, but as of yet,
                                                  Impacts are generally associated with                   success, and survival of aquatic insects              no waterdogs have been captured
                                                  past activities and abandoned mines,                    and fish (Waters 1995, pp. 173–175) that              (recently) at any of the eDNA sites.
                                                  since presently operating mines are                     serve as food sources for the waterdog                Based on evolution biology, the current
                                                  required to employ environmental                        (Bailey 2005, p. 867). Potential sources              known and suspected populations are
                                                  safeguards established by the Federal                   of pollution and associated                           isolated and fragmented by human-
                                                  Surface Mining Control and                              sedimentation within a watershed                      made barriers, further compounding the
                                                  Reclamation Act of 1977 (30 U.S.C. 1201                 include virtually all activities that                 effects of inbreeding and contributing to
                                                  et seq.) and the Clean Water Act of 1972                disturb the land surface, and all                     the species’ decline.
                                                  (33 U.S.C. 1251 et seq.) (Service 2000,                 localities currently occupied by the
                                                                                                          Black Warrior waterdog are affected by                Summary of Factor A
                                                  p. 12). Old, abandoned mines will
                                                  continue to contribute pollutants to                    varying degrees by sedimentation                        The historical loss of habitat is
                                                                                                          (O’Neil and Sheppard 2001, Appendix                   currently, and projected to continue to
                                                  streams into the future.
                                                                                                          B, p. 5). Sedimentation or siltation is               be, a threat to the Black Warrior
                                                     Recently, new coal mines, which have                 one of the most severe threats to the                 waterdog. Habitat loss also amplifies the
                                                  the potential of discharging additional                 Black Warrior River (Black Warrior                    threat from point and nonpoint source
                                                  pollutants into the waters within the                   Riverkeeper 2012, p. 1). The Black                    water and habitat quality degradation,
                                                  range of the Black Warrior waterdog,                    Warrior River watershed receives                      accidental spills, and violation of
                                                  have been proposed in the Sipsey Fork                   significant pollutant loading from                    permitted discharges. Due to the limited
                                                  and the Mulberry Fork (Dillard 2011,                    activities related to the human                       extent of the habitat currently occupied
                                                  pers. comm.; Alabama Surface Mining                     population and land-use activities,                   by the species and the severity and
                                                  Commission 2012, pp. 1–4).                              including sedimentation from                          magnitude of this threat, we consider
                                                  Sedimentation                                           construction, forestry, mining,                       that the present or threatened
                                                                                                          agriculture, and channelization of                    destruction, modification, or
                                                     Sedimentation has probably caused                    stream segments (Black Warrior River                  curtailment of habitat and range
                                                  similar declines for Black Warrior                      Watershed Management Plan n.d., p.                    represents a threat to the Black Warrior
                                                  waterdogs as it has for the flattened                   4.3).                                                 waterdog. While changes to
                                                  musk turtle, which also occurs in the                                                                         management and operating procedures
                                                  upper Basin. Sedimentation in this                      Impoundments
                                                                                                                                                                have reduced impacts to the river
                                                  system has negatively affected the                         Creation of large impoundments,                    system, ongoing activities continue to
                                                  flattened musk turtle by: (1) Reduction                 behind Bankhead, Lewis, and Holt                      impact water quality.
                                                  of mollusks and other invertebrates used                dams, within the Basin has flooded
                                                  as food; (2) physical alteration of rocky               thousands of square hectares (acres) of               Factor B. Overutilization for
                                                  habitats where animals forage and take                  habitat previously considered                         Commercial, Recreational, Scientific, or
                                                  cover, and (3) accumulation of substrate                appropriate for the Black Warrior                     Educational Purposes
                                                  in which chemicals toxic to animals and                 waterdog. Hartfield (1990, p. 7)                        Based on best available data, there is
                                                  their prey persist (Dodd et al. 1988, pp.               summarized the number of miles of                     no evidence that overutilization for
                                                  1–61). The Sipsey Fork of the Black                     streams affected by impoundments in                   commercial, recreational, scientific, or
                                                  Warrior River is the best remaining                     the Basin. He found that the entire main
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                                                                                                                                                                educational purposes is a threat to the
                                                  locality for the Black Warrior waterdog                 channel of the Black Warrior River, over              Black Warrior waterdog.
                                                  (Guyer 1998, p. 2). Bailey and Guyer                    272 kilometers (km) (170 miles (mi)),
                                                  (1998, pp. 77–83) completed a study of                  has been affected. Impoundments do not                Factor C. Disease or Predation
                                                  the flattened musk turtle at this site.                 have the shallow, flowing water                         No diseases or incidences of
                                                  They found that the turtle population                   preferred by the species. As a result,                predation have been reported for the
                                                  was declining and suggested that habitat                they are likely marginal or unsuitable                Black Warrior waterdog. Also, Bart and
                                                  quality is also deteriorating. Because of               habitat for the salamander. The                       Holzenthal (1985, p. 406) found that
                                                  similar habitat use, deteriorating habitat              abundance of predatory fish in                        there is no natural evidence of predation


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                                                                        Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules                                           69505

                                                  on Necturus spp. by fish in creeks and                  Wildlife Action Plan due to its rarity                Inbreeding
                                                  streams. Therefore, the best available                  and restricted distribution (ADCNR                      Species that are restricted in range
                                                  data do not indicate that disease or                    2005, p. 298). However, this designation              and population size are more likely to
                                                  predation is a threat to the Black                      also does not offer any regulatory                    suffer loss of genetic diversity due to
                                                  Warrior waterdog.                                       protections.                                          genetic drift, potentially increasing their
                                                  Factor D. The Inadequacy of Existing                       Stream segments within the Black                   susceptibility to inbreeding depression,
                                                  Regulatory Mechanisms                                   Warrior River drainage currently                      decreasing their ability to adapt to
                                                     Under this factor, we examine                        occupied by the Black Warrior waterdog                environmental changes, and reducing
                                                  whether existing regulatory mechanisms                  have been assigned water-use                          the fitness of individuals (Soule 1980,
                                                  are inadequate to address the threats to                classifications of fish and wildlife                  pp. 157–158; Hunter 2002, pp. 97–101;
                                                  the Black Warrior waterdog discussed                    (F&W) by the Alabama Department of                    Allendorf and Luikart 2007, pp. 117–
                                                  under other factors. Section 4(b)(1)(A) of              Environmental Management (ADEM)                       146). It is likely that some of the Black
                                                  the Act requires the Service to take into               under the authority of the Clean Water                Warrior waterdog populations are below
                                                  account, ‘‘those efforts, if any, being                 Act of 1972. The F&W designation                      the effective population size required to
                                                  made by any State or foreign nation, or                 establishes minimum water quality                     maintain long-term genetic and
                                                  any political subdivision of a State or                 standards that are believed to be                     population viability (Soule 1980, pp.
                                                  foreign nation, to protect such species.’’              protective of aquatic species. In the                 162–164; Hunter 2002, pp. 105–107).
                                                  In relation to Factor D under the Act, we               Locust Fork, Mulberry Fork, and other                 The long-term viability of a species is
                                                  interpret this language to require the                  tributaries of the Black Warrior River                based on the conservation of numerous
                                                  Service to consider relevant Federal,                   occupied by the Black Warrior                         local populations throughout its
                                                  State, and Tribal laws and regulations,                 waterdog, a combined total of 275 km                  geographic range (Harris 1984, pp. 93–
                                                  and other such mechanisms that may                      (171 mi) have been identified on the                  104). These separate populations are
                                                  minimize any of the threats we describe                 Alabama 303(d) List (a list of water                  essential for the species to recover and
                                                  in threat analyses under the other four                 bodies failing to meet their designated               adapt to environmental change (Noss
                                                  factors, or otherwise enhance                           water-use classifications) as impaired by             and Cooperrider 1994, pp. 264–297;
                                                  conservation of the species. We give                    siltation and nutrients (ADEM 2010, pp.               Harris 1984, pp. 93–104). The level of
                                                  strongest weight to statutes and their                  1–3). The sources of these impairments                isolation and fragmentation seen in this
                                                  implementing regulations and to                         have been identified as runoff from                   species makes natural repopulation
                                                  management direction that stems from                                                                          following localized extirpations
                                                                                                          agricultural fields, abandoned surface
                                                  those laws and regulations. An example                                                                        virtually impossible without human
                                                                                                          mines, and industrial or municipal sites.
                                                  would be State governmental actions                                                                           intervention.
                                                                                                          Multiple stream reaches within the
                                                  enforced under a State statute or                       occupied habitat of the Black Warrior                 Drought
                                                  constitution, or Federal action under                   waterdog (Locust Fork, Mulberry Fork,
                                                  statute.                                                                                                         Droughts cause decreases in water
                                                                                                          Yellow Creek, and North River) fail to                flow and dissolved oxygen levels and
                                                     The Federal Surface Mining Control
                                                  and Reclamation Act of 1977, as                         meet current regulatory standards.                    increases in temperature in the river
                                                  amended December 22, 1987, requires                        Similarly, even with current                       system. Studies of other aquatic
                                                  all permitted mining operations to                      regulations, surviving populations are                salamander species have reported
                                                  minimize disturbances and adverse                       negatively affected by discharges,                    decreased occupancy, loss of eggs,
                                                  impacts to fish, wildlife, and related                  highway construction, mining (current                 decreased egg-laying, and extirpation
                                                  environmental values, as well as                        and unreclaimed sites), and other                     from sites during periods of drought
                                                  implement enhancement measures                          activities with a Federal nexus (see                  (Camp et al. 2000, p. 166; Miller et al.
                                                  where practicable. It further recognizes                discussion under Factor A, above).                    2007, pp. 82–83; Price et al. 2012b, pp.
                                                  the importance of land and water                                                                              317–319).
                                                  resources restoration as a high priority                Summary of Factor D
                                                                                                                                                                Spills
                                                  in reclamation planning. The continued                    Black Warrior waterdogs and their
                                                  decline of many species, including the                                                                          Associated with urbanization is the
                                                                                                          habitats are partially protected by
                                                  flattened musk turtle, fish, and a                                                                            development of transportation system,
                                                                                                          Federal and State laws and regulations.
                                                  number of mussels in the Black Warrior                                                                        including roads, rails, airports, locks,
                                                                                                          However, after evaluating the                         and docks. Accidents, crashes, and
                                                  Basin (Dodd et al. 1988, pp. 55–61;
                                                                                                          information available on the                          derailments, resulting in spills, occur
                                                  Mettee et al. 1989, pp. 12–13; Hartfield
                                                                                                          implementation of these authorities, we               along these transportation corridors.
                                                  1990, pp. 1–8; Bailey and Guyer 1998,
                                                                                                          determined that these regulatory                      Since 1990, there have been over 1,200
                                                  pp. 77–83; Service 2000, pp. 12–13), is
                                                                                                          mechanisms do not address the threats                 spills reported, to the U.S. Coast Guard
                                                  often attributed to mining activities,
                                                                                                          to the species.                                       National Response Center, in the Basin
                                                  even though this law in effect.
                                                     The Alabama Department of                            Factor E. Other Natural or Manmade                    area. One of several spills that have
                                                  Conservation and Natural Resources                      Factors Affecting Its Continued                       occurred in the Blackwater Basin was an
                                                  (ADCNR) recently added the Black                        Existence                                             event in the Black Warrior River in
                                                  Warrior waterdog to its list of non-game                                                                      2013. Approximately 164 gallons of
                                                  State protected species (ADCNR 2012,                      The remaining Black Warrior                         crude oil were accidently pumped into
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                                                  pp. 1–4). Although this change will                     waterdog populations are isolated from                the river. Emergency response teams
                                                  make it more difficult to obtain a                      each other by unsuitable habitat created              cleaned the river, but a sheen of crude
                                                  collecting permit for the species, it does              by impoundments, pollution, and other                 oil remained visible (Taylor 2013, pers.
                                                  not offer any additional protection for                 factors as described under the Factor A               comm.) (http://
                                                  habitat loss and degradation. The                       discussion, above. Waterdog population                www.tuscaloosanews.com/article/
                                                  ADCNR also recognizes the Black                         densities are low even in the best                    20130617/NEWS/130619792). Today,
                                                  Warrior waterdog as a Priority 2 species                localities, and factors related to low                the threat from spills remains
                                                  of high conservation concern in its State               population compound these threats.                    unchanged.


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                                                  69506                 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules

                                                  Climate Change                                          Summary of Factor E                                   the basis of the best available scientific
                                                     Our analyses under the Act include                      We consider the Black Warrior                      and commercial information, we
                                                  consideration of ongoing and projected                  waterdog vulnerable to other natural or               propose to list the Black Warrior
                                                  changes in climate.                                     manmade factors, because low                          waterdog as an endangered species in
                                                     According to the IPCC (2013, p. 4),                  population densities combined with                    accordance with sections 3(6) and
                                                  ‘‘Warming of the climate system is                                                                            4(a)(1) of the Act.
                                                                                                          fragmentation of habitat renders the
                                                  unequivocal, and since the 1950s, many                                                                           We find that a threatened species
                                                                                                          Black Warrior waterdog populations
                                                                                                                                                                status is not appropriate for the Black
                                                  of the observed changes are                             extremely vulnerable to inbreeding                    Warrior waterdog because of the
                                                  unprecedented over decades to                           depression (negative genetic effects of               species’ contracted range, loss of habitat
                                                  millennia. The atmosphere and ocean                     small populations) (Wright et al. 2008,               due to water quality degradation
                                                  have warmed, the amounts of snow and                    p. 833) and catastrophic events such as               (sedimentation, toxins, and nutrients),
                                                  ice have diminished, sea level has risen,               flood, drought, or chemical spills (Black             fragmentation of the populations caused
                                                  and the concentrations of greenhouse                    Warrior River Watershed Management                    by impoundments, rangewide (not
                                                  gases have increased.’’ Average                         Plan n.d., p. 4.4).                                   localized) threats, and ongoing threats
                                                  Northern Hemisphere temperatures
                                                                                                          Cumulative Effects of Threats                         expected to continue into the future.
                                                  during the second half of the 20th
                                                  century were very likely higher than                      We have carefully assessed the best                 Significant Portion of the Range
                                                  during any other 50-year period in the                  scientific and commercial information                    Under the Act and our implementing
                                                  last 500 years and likely the highest in                available regarding the past, present,                regulations, a species may warrant
                                                  at least the past 1,300 years (IPCC                     and future threats to the Black Warrior               listing if it is endangered or threatened
                                                  2007b, p. 1). It is very likely that from               waterdog. Threats to the remaining                    throughout all or a significant portion of
                                                  1950 to 2012, cold days and nights have                 Black Warrior waterdog populations                    its range. Because we have determined
                                                  become less frequent and hot days and                   exist primarily from two of the five                  that Black Warrior waterdog is
                                                  hot nights have become more frequent                    threat factors (Factors A and E), and                 endangered throughout all of its range,
                                                  on a global scale (IPCC 2013, p. 4). It is              existing laws and regulations provide                 no portion of its range can be
                                                  likely that the frequency and intensity                 only minimal protection against habitat               ‘‘significant’’ for purposes of the
                                                  of heavy precipitation events has                       loss (Factor D). Threats also occur in                definitions of ‘‘endangered species’’ and
                                                  increased over North America (IPCC                      combination, resulting in synergistically             ‘‘threatened species.’’ See the Final
                                                  2013, p. 4).                                            greater effects. For instance, in                     Policy on Interpretation of the Phrase
                                                     The IPCC (2013, pp. 15–16) predicts                  combination with the other threats                    ‘‘Significant Portion of Its Range’’ in the
                                                  that changes in the global climate                      identified in this proposed rule, a                   Endangered Species Act’s Definitions of
                                                  system during the 21st century are very                 catastrophic hazardous materials spill                ‘‘Endangered Species’’ and ‘‘Threatened
                                                  likely to be larger than those observed                 could increase the species’ risk of                   Species’’ (79 FR 37578, July 1, 2014).
                                                  during the 20th century. For the next                   extinction by reducing its overall
                                                  two decades (2016 to 2035), a warming                   probability of persistence. Therefore, we             Available Conservation Measures
                                                  of 0.3 degrees Celsius (°C) (0.5 degrees                consider hazardous material spills to be                 Conservation measures provided to
                                                  Fahrenheit (°F)) to 0.7 °C (1.3 °F) per                 an ongoing significant threat to the                  species listed as endangered or
                                                  decade is projected (IPCC 2013, p. 15).                 Black Warrior waterdog due to the                     threatened under the Act include
                                                  Afterwards, temperature projections                     species’ limited distribution, the                    recognition, recovery actions,
                                                  increasingly depend on specific                         abundance of potential sources of spills,             requirements for Federal protection, and
                                                  emission scenarios (IPCC 2007b, p. 6).                  and the number of salamanders that                    prohibitions against certain practices.
                                                  Various emissions scenarios suggest that                could be killed during a single spill                 Recognition through listing actions
                                                  by the end of the 21st century, average                 event (Factor E).                                     results in public awareness and
                                                  global temperatures are expected to                                                                           conservation by Federal, State, Tribal,
                                                                                                          Proposed Determination
                                                  increase 0.3 °C to 4.8 °C (0.5 °F to 8.6                                                                      and local agencies; private
                                                  °F), relative to 1986 to 2005 (IPCC 2013,                  The Act defines an endangered                      organizations; and individuals. The Act
                                                  p. 15). By the end of 2100, it is virtually             species as any species that is ‘‘in danger            encourages cooperation with the States
                                                  certain that there will be more frequent                of extinction throughout all or a                     and other countries and calls for
                                                  hot and fewer cold temperature                          significant portion of its range’’ and a              recovery actions to be carried out for
                                                  extremes over most land areas on daily                  threatened species as any species ‘‘that              listed species. The protection required
                                                  and seasonal timescales, and it is very                 is likely to become endangered                        by Federal agencies and the prohibitions
                                                  likely that heat waves and extreme                      throughout all or a significant portion of            against certain activities are discussed,
                                                  precipitation events will occur with a                  its range within the foreseeable future.’’            in part, below.
                                                  higher frequency and intensity (IPCC                    We find that the Black Warrior waterdog                  The primary purpose of the Act is the
                                                  2013, pp. 15–16).                                       is presently in danger of extinction                  conservation of endangered and
                                                     Climate change has the potential to                  throughout its entire range based on the              threatened species and the ecosystems
                                                  increase the vulnerability of the Black                 severity and immediacy of threats                     upon which they depend. The ultimate
                                                  Warrior waterdog to random                              currently impacting the species. The                  goal of such conservation efforts is the
                                                  catastrophic events (e.g., McLaughlin et                overall range has been significantly                  recovery of these listed species, so that
                                                  al. 2002; Thomas et al. 2004). Climate                  reduced, and the remaining habitat and                they no longer need the protective
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                                                  change is expected to result in increased               populations face threats from a variety               measures of the Act. Section 4(f) of the
                                                  frequency and duration of droughts and                  of factors (Factors A and E) acting in                Act calls for the Service to develop and
                                                  the strength of storms (e.g., Cook et al.               combination to reduce the overall                     implement recovery plans for the
                                                  2004). Thomas et al. (2009, p. 112)                     viability of the species. The risks of                conservation of endangered and
                                                  report that the frequency, duration, and                extinction are high because the                       threatened species. The recovery
                                                  intensity of droughts are likely to                     remaining populations are small,                      planning process involves the
                                                  increase in the Southeast as a result of                isolated, and have limited potential for              identification of actions that are
                                                  global climate change.                                  recolonization (Factor E). Therefore, on              necessary to halt or reverse the species’


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                                                                        Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules                                            69507

                                                  decline by addressing the threats to its                Warrior waterdog. Information on our                     The Act and its implementing
                                                  survival and recovery. The goal of this                 grant programs that are available to aid              regulations set forth a series of general
                                                  process is to restore listed species to a               species recovery can be found at: http://             prohibitions and exceptions that apply
                                                  point where they are secure, self-                      www.fws.gov/grants.                                   to endangered wildlife. The prohibitions
                                                  sustaining, and functioning components                     Although the Black Warrior waterdog                of section 9(a)(1) of the Act, codified at
                                                  of their ecosystems.                                    is only proposed for listing under the                50 CFR 17.21, make it illegal for any
                                                     Recovery planning includes the                       Act at this time, please let us know if               person subject to the jurisdiction of the
                                                  development of a recovery outline,                      you are interested in participating in                United States to take (which includes
                                                  shortly after a species is listed, and                  recovery efforts for this species.                    harass, harm, pursue, hunt, shoot,
                                                  preparation of a draft and final recovery               Additionally, we invite you to submit                 wound, kill, trap, capture, or collect; or
                                                  plan. The recovery outline guides the                   any new information on this species                   to attempt any of these) endangered
                                                  immediate implementation of urgent                      whenever it becomes available and any                 wildlife within the United States or on
                                                  recovery actions and describes the                      information you may have for recovery                 the high seas. In addition, it is unlawful
                                                  process to be used to develop a recovery                planning purposes (see FOR FURTHER                    to import; export; deliver, receive, carry,
                                                  plan. Revisions of the plan may be done                 INFORMATION CONTACT).                                 transport, or ship in interstate or foreign
                                                  to address continuing or new threats to                    Section 7(a) of the Act requires                   commerce in the course of commercial
                                                  the species, as new substantive                         Federal agencies to evaluate their                    activity; or sell or offer for sale in
                                                  information becomes available. The                      actions with respect to any species that              interstate or foreign commerce any
                                                  recovery plan also identifies recovery                  is proposed or listed as an endangered                listed species. It is also illegal to
                                                  criteria for review of when a species                   or threatened species and with respect                possess, sell, deliver, carry, transport, or
                                                  may be ready for downlisting or                         to its critical habitat, if any is                    ship any such wildlife that has been
                                                  delisting, and methods for monitoring                   designated. Regulations implementing                  taken illegally. Certain exceptions apply
                                                  recovery progress. Recovery plans also                  this interagency cooperation provision                to employees of the Service, the
                                                  establish a framework for agencies to                   of the Act are codified at 50 CFR part                National Marine Fisheries Service, other
                                                  coordinate their recovery efforts and                   402. Section 7(a)(4) of the Act requires              Federal land management agencies, and
                                                  provide estimates of the cost of                                                                              State conservation agencies.
                                                                                                          Federal agencies to confer with the
                                                  implementing recovery tasks. Recovery                                                                            We may issue permits to carry out
                                                                                                          Service on any action that is likely to
                                                  teams (composed of species experts,                                                                           otherwise prohibited activities
                                                                                                          jeopardize the continued existence of a
                                                  Federal and State agencies,                                                                                   involving endangered wildlife under
                                                                                                          species proposed for listing or result in
                                                  nongovernmental organizations, and                                                                            certain circumstances. Regulations
                                                                                                          destruction or adverse modification of
                                                  stakeholders) are often established to                                                                        governing permits are codified at 50
                                                                                                          proposed critical habitat. If a species is
                                                  develop recovery plans. If this species is                                                                    CFR 17.22. With regard to endangered
                                                                                                          listed subsequently, section 7(a)(2) of
                                                  listed, the recovery outline, draft                                                                           wildlife, a permit may be issued for
                                                                                                          the Act requires Federal agencies to
                                                  recovery plan, and the final recovery                                                                         scientific purposes, to enhance the
                                                                                                          ensure that activities they authorize,                propagation or survival of the species,
                                                  plan will be available on our Web site
                                                  (http://www.fws.gov/endangered), or                     fund, or carry out are not likely to                  and for incidental take in connection
                                                  from our Alabama Ecological Services                    jeopardize the continued existence of                 with otherwise lawful activities. There
                                                  Field Office (see FOR FURTHER                           the species or destroy or adversely                   are also certain statutory exemptions
                                                  INFORMATION CONTACT).
                                                                                                          modify its critical habitat. If a Federal             from the prohibitions, which are found
                                                     Implementation of recovery actions                   action may affect a listed species or its             in sections 9 and 10 of the Act.
                                                  generally requires the participation of a               critical habitat, the responsible Federal                It is our policy, as published in the
                                                  broad range of partners, including other                agency must enter into consultation                   Federal Register on July 1, 1994 (59 FR
                                                  Federal agencies, States, Tribes,                       with the Service.                                     34272), to identify to the maximum
                                                  nongovernmental organizations,                             Federal agency actions within the                  extent practicable at the time a species
                                                  businesses, and private landowners.                     species’ habitat that may require                     is listed, those activities that would or
                                                  Examples of recovery actions include                    conference or consultation or both as                 would not constitute a violation of
                                                  habitat restoration (e.g., restoration of               described in the preceding paragraph                  section 9 of the Act. The intent of this
                                                  native vegetation), research, captive                   include management and any other                      policy is to increase public awareness of
                                                  propagation and reintroduction, and                     landscape-altering activities on Federal              the effect of a proposed listing on
                                                  outreach and education. The recovery of                 lands administered by the Service, U.S.               proposed and ongoing activities within
                                                  many listed species cannot be                           Forest Service, and Bureau of Land                    the range of species proposed for listing.
                                                  accomplished solely on Federal lands                    Management; issuance of section 404                   Based on the best available information,
                                                  because their range may occur primarily                 Clean Water Act permits by the U.S.                   the following actions are unlikely to
                                                  or solely on non-Federal lands. To                      Army Corps of Engineers; construction                 result in a violation of section 9, if these
                                                  achieve recovery of these species                       and maintenance of gas pipeline and                   activities are carried out in accordance
                                                  requires cooperative conservation efforts               power line rights-of-way by the Federal               with existing regulations and permit
                                                  on private, State, and Tribal lands.                    Energy Regulatory Commission;                         requirements; this list is not
                                                     If this species is listed, funding for               construction and maintenance of roads                 comprehensive:
                                                  recovery actions will be available from                 or highways by the Federal Highway                       (1) Normal agricultural and
                                                  a variety of sources, including Federal                 Administration; land management                       silvicultural practices, including
                                                  budgets, State programs, and cost share                 practices supported by programs                       herbicide and pesticide use, which are
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                                                  grants for non-Federal landowners, the                  administered by the U.S. Department of                carried out in accordance with any
                                                  academic community, and                                 Agriculture; Environmental Protection                 existing regulations, permit, and label
                                                  nongovernmental organizations. In                       Agency pesticide registration; and                    requirements, and best management
                                                  addition, pursuant to section 6 of the                  projects funded through Federal loan                  practices; and
                                                  Act, the State of Alabama would be                      programs which include, but are not                      (2) Normal residential development
                                                  eligible for Federal funds to implement                 limited to, roads and bridges, utilities,             and landscape activities, which are
                                                  management actions that promote the                     recreation sites, and other forms of                  carried out in accordance with any
                                                  protection or recovery of the Black                     development.                                          existing regulations, permit


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                                                  69508                  Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Proposed Rules

                                                  requirements, and best management                         designate critical habitat for the Black                  References Cited
                                                  practices.                                                Warrior waterdog.
                                                     Based on the best available                                                                                        A complete list of references cited in
                                                                                                            Required Determinations                                   this proposed rule is available on the
                                                  information, the following activities
                                                  may potentially result in a violation of                  Clarity of the Rule                                       Internet at http://www.regulations.gov
                                                  section 9 the Act; this list is not                                                                                 and upon request from the Alabama
                                                                                                               We are required by Executive Orders                    Ecological Services Field Office (see FOR
                                                  comprehensive:                                            12866 and 12988 and by the                                FURTHER INFORMATION CONTACT).
                                                     (1) Unauthorized introduction of                       Presidential Memorandum of June 1,
                                                  nonnative species that compete with or                    1998, to write all rules in plain                         Authors
                                                  prey upon the Black Warrior waterdog;                     language. This means that each rule we
                                                     (2) Unauthorized collecting, handling,                                                                             The primary authors of this proposed
                                                                                                            publish must:
                                                  possessing, selling, delivering, carrying,                   (1) Be logically organized;                            rule are the staff members of the
                                                  or transporting of the species, including                    (2) Use the active voice to address                    Alabama Ecological Services Field
                                                  import or export across State lines and                   readers directly;                                         Office.
                                                  international boundaries, except for                         (3) Use clear language rather than                     List of Subjects in 50 CFR Part 17
                                                  properly documented antique                               jargon;
                                                  specimens of this taxa, as defined by                        (4) Be divided into short sections and                   Endangered and threatened species,
                                                  section 10(h)(1) of the Act;                              sentences; and                                            Exports, Imports, Reporting and
                                                     (3) Unauthorized destruction or                           (5) Use lists and tables wherever                      recordkeeping requirements,
                                                  alteration of Black Warrior waterdog                      possible.                                                 Transportation.
                                                                                                               If you feel that we have not met these
                                                  habitat that results in destruction or loss                                                                         Proposed Regulation Promulgation
                                                                                                            requirements, send us comments by one
                                                  of leaf packs and rocky substrate (rock
                                                                                                            of the methods listed in ADDRESSES. To                      Accordingly, we propose to amend
                                                  crevices in the creek or stream);
                                                                                                            better help us revise the rule, your                      part 17, subchapter B of chapter I, title
                                                     (4) Unauthorized discharge of                          comments should be as specific as
                                                  chemicals or fill material into any                                                                                 50 of the Code of Federal Regulations,
                                                                                                            possible. For example, you should tell                    as set forth below:
                                                  waters in which the Black Warrior                         us the numbers of the sections or
                                                  waterdog is known to occur; and                           paragraphs that are unclearly written,                    PART 17—ENDANGERED AND
                                                     (5) Actions, intentional or otherwise,                 which sections or sentences are too                       THREATENED WILDLIFE AND PLANTS
                                                  that would result in the destruction of                   long, the sections where you feel lists or
                                                  eggs or cause mortality or injury to                      tables would be useful, etc.                              ■ 1. The authority citation for part 17
                                                  hatchling, juvenile, or adult Black
                                                                                                            National Environmental Policy Act                         continues to read as follows:
                                                  Warrior waterdogs.
                                                     Questions regarding whether specific                     We have determined that                                   Authority: 16 U.S.C. 1361–1407; 1531–
                                                  activities would constitute a violation of                                                                          1544; and 4201–4245, unless otherwise
                                                                                                            environmental assessments and
                                                                                                                                                                      noted.
                                                  section 9 of the Act should be directed                   environmental impact statements, as
                                                  to the Alabama Ecological Services                        defined under the authority of the                        ■ 2. Amend § 17.11(h) by adding an
                                                  Field Office (see FOR FURTHER                             National Environmental Policy Act (42                     entry for ‘‘Waterdog, Black Warrior’’ to
                                                  INFORMATION CONTACT).                                     U.S.C. 4321 et seq.), need not be                         the List of Endangered and Threatened
                                                     Section 4(a)(3) of the Act requires the                prepared in connection with listing a                     Wildlife in alphabetical order under
                                                  Secretary, at the time a species is listed                species as an endangered or threatened                    AMPHIBIANS to read as follows:
                                                  as endangered or threatened, to                           species under the Endangered Species
                                                  designate critical habitat to the                         Act. We published a notice outlining                      § 17.11 Endangered and threatened
                                                  maximum extent prudent and                                our reasons for this determination in the                 wildlife.
                                                  determinable. Elsewhere in this issue of                  Federal Register on October 25, 1983                      *        *    *        *     *
                                                  the Federal Register, we propose to                       (48 FR 49244).                                                 (h) * * *

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


                                                            *                        *                        *                          *                       *                       *                    *
                                                                AMPHIBIANS

                                                          *                   *                           *                         *                        *                           *                    *
                                                      Waterdog, Black Warrior              Necturus alabamensis .............     Wherever found .......................    E            [Federal Register citation of
                                                                                                                                                                                           the final rule]

                                                            *                        *                        *                          *                       *                       *                    *



                                                    Dated: September 26, 2016.
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                                                  Stephen Guertin
                                                  Acting Director, U.S. Fish and Wildlife
                                                  Service.
                                                  [FR Doc. 2016–24119 Filed 10–5–16; 8:45 am]
                                                  BILLING CODE 4333–15–P




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Document Created: 2016-10-06 02:37:20
Document Modified: 2016-10-06 02:37:20
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 December 5, 2016. Comments submitted electronically using the Federal
ContactWilliam Pearson, Field Supervisor, U.S. Fish and Wildlife Service, Alabama Ecological Services Field Office, 1208 Main Street, Daphne, AL 36526; by telephone 251-441-5184; or by facsimile 251-441-6222. 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 69500 
RIN Number1018-BA78
CFR AssociatedEndangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation

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