81_FR_76048 81 FR 75837 - Endangered and Threatened Wildlife and Plants; Technical/Agency Draft Recovery Plan for the Chucky Madtom

81 FR 75837 - Endangered and Threatened Wildlife and Plants; Technical/Agency Draft Recovery Plan for the Chucky Madtom

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 211 (November 1, 2016)

Page Range75837-75838
FR Document2016-26330

We, the Fish and Wildlife Service (Service), announce the availability of the technical/agency draft recovery plan for the endangered chucky madtom, a fish. The draft recovery plan includes specific recovery objectives and criteria that must be met in order for us to reclassify this species to threatened status under the Endangered Species Act of 1973, as amended (Act). We request review and comment on this draft recovery plan from local, State, and Federal agencies, and the public.

Federal Register, Volume 81 Issue 211 (Tuesday, November 1, 2016)
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75837-75838]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26330]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2016-N152]; [FXES11130400000C2-167-FF04E00000]


Endangered and Threatened Wildlife and Plants; Technical/Agency 
Draft Recovery Plan for the Chucky Madtom

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability and request for public comment.

-----------------------------------------------------------------------

SUMMARY: We, the Fish and Wildlife Service (Service), announce the 
availability of the technical/agency draft recovery plan for the 
endangered chucky madtom, a fish. The draft recovery plan includes 
specific recovery objectives and criteria that must be met in order for 
us to reclassify this species to threatened status under the Endangered 
Species Act of 1973, as amended (Act). We request review and comment on 
this draft recovery plan from local, State, and Federal agencies, and 
the public.

DATES: In order to be considered, comments on the draft recovery plan 
must be received on or before January 3, 2017.

ADDRESSES: Reviewing documents: If you wish to review this technical/
agency draft recovery plan, you may obtain a copy by contacting Mary E. 
Jennings, Field Supervisor, U.S. Fish and Wildlife Service, Tennessee 
Ecological Services Field Office, 446 Neal Street, Cookeville, TN 
38501; tel. 931-528-6481; or by visiting the Service's Tennessee Field 
Office Web site at http://www.fws.gov/cookeville.
    Submitting comments: If you wish to comment, you may submit your 
comments by one of the following methods:
    1. You may submit written comments and materials to us, at the 
above address.
    2. You may hand-deliver written comments to our Tennessee Field 
Office, at the above address, or fax them to 931-528-7075.
    3. You may send comments by email to [email protected]. 
Please include ``Chucky Madtom Draft Recovery Plan Comments'' on the 
subject line.
    For additional information about submitting comments, see the 
``Request for Public Comments'' section below.

FOR FURTHER INFORMATION CONTACT: Mary E. Jennings (see ADDRESSES).

SUPPLEMENTARY INFORMATION: 

Background

    We listed the chucky madtom (Noturus crypticus; a small fish) as 
endangered under the Act (16 U.S.C. 1531 et seq.) on August 9, 2011 (76 
FR 48722). The chucky madtom grows to 2.9 inches (7.4 centimeters) 
total length and is endemic to the upper Tennessee River system in 
Tennessee. This fish is historically known from two creek systems, but 
only currently persists in Little Chucky Creek where only 14 
individuals have ever been collected. All 14 have been collected at 
this site since 1991; however, none have been captured since 2004.
    Chucky madtoms are currently known from a single tributary to the 
Nolichucky River in stream sections 5 to 7 meters (16 to 23 feet) wide 
in riffle and swim through streams lined by water willow (Justicia 
americana) beds with slow-to-moderate current over pea-sized gravel, 
cobble, or slab-rock substrates. In addition to habitat degradation, 
threats to the species include extreme curtailment of habitat and 
range, small population size and low numbers, inability to offset 
mortality with natural reproduction and recruitment, and their 
resulting vulnerability to natural or human induced catastrophic events 
(e.g., droughts, pollution spills, etc.). Surviving populations are 
threatened by water quality and habitat deterioration. Another 
potential threat is introduced crayfishes (Orconectes sp.), which are 
thought to compete with chucky madtoms for access to the little habitat 
that is available in Little Chucky Creek.
    Approximately 20 river miles (32 river kilometers) of stream 
channels in Little Chucky Creek, Greene County, Tennessee, have been 
designated as critical habitat for the chucky madtom (77 FR 63604). 
This fish has a recovery priority number of 5 which indicates the 
species faces a high degree of threat, but has a low recovery 
potential.
    Restoring an endangered or threatened animal or plant to the point 
where it is again a secure, self-sustaining member of its ecosystem is 
a primary goal of our endangered species program. To help guide the 
recovery effort, we prepare recovery plans for most listed species. 
Recovery plans describe actions considered necessary for conservation 
of the species, establish criteria for downlisting or delisting, and

[[Page 75838]]

estimate time and cost for implementing recovery measures.
    The Act requires the development of recovery plans for listed 
species, unless such a plan would not promote the conservation of a 
particular species. Section 4(f) of the Act requires us to provide 
public notice and an opportunity for public review and comment during 
recovery plan development. We will consider all information presented 
during a public comment period prior to approval of each new or revised 
recovery plan. We and other Federal agencies will take these comments 
into account in the course of implementing approved recovery plans.

Recovery Plan Components

    The recovery objectives are to work to reduce threats in order to 
downlist the chucky madtom to threatened status. Defining reasonable 
delisting criteria is not possible at this time given the current low 
number of individuals, extreme curtailment of the species' range, 
extensive modification and fragment of habitat with the species' 
historical range, lack of information about the species' biology, and 
magnitude of other existing threats. Therefore, this recovery plan 
establishes only downlisting criteria for this catfish. Criteria will 
be reevaluated as new information becomes available.
    Downlisting of chucky madtom will be considered when:
    1. Suitable instream and riparian habitat, flows, and water quality 
for chucky madtom as defined by the best available science (to be 
refined by recovery actions), exist in occupied streams (addresses 
Factor A).
    2. Population studies show that a viable chucky madtom population 
in Little Chucky Creek and at least 1 other stream (Dunn Creek, Jackson 
Branch; e.g., the only known stream representing the historical range 
of the species) are naturally recruiting (consisting of two year 
classes in the fall months) and sustainable over a period of 20-30 
years (10 generations) (addresses Factors A, C, and E).

Request for Public Comments

    We request written comments on the draft recovery plan. We will 
consider all comments we receive by the date specified in DATES prior 
to final approval of the plan.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Authority

    The authority for this action is section 4(f) of the Endangered 
Species Act, 16 U.S.C. 1533(f).

    Dated: September 6, 2016.
Mike Oetker,
Acting Regional Director, Southeast Region.
[FR Doc. 2016-26330 Filed 10-31-16; 8:45 am]
 BILLING CODE 4310-55-P



                                                                               Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices                                            75837

                                                    paying an annual premium may be a                         Dated: October 24, 2016.                              For additional information about
                                                    hardship for some potential borrowers,                  Lourdes Castro Ramirez,                               submitting comments, see the ‘‘Request
                                                    HUD believes it will have a limited                     Principal Deputy Assistant Secretary for              for Public Comments’’ section below.
                                                    impact on the demand for the program,                   Public and Indian Housing.                            FOR FURTHER INFORMATION CONTACT:
                                                    and the new annual premium will allow                   [FR Doc. 2016–26331 Filed 10–31–16; 8:45 am]          Mary E. Jennings (see ADDRESSES).
                                                    HUD to continue to meet the demand                      BILLING CODE 4210–67–P                                SUPPLEMENTARY INFORMATION:
                                                    for mortgage lending transactions in
                                                    fiscal year 2017 so that more Indian and                                                                      Background
                                                    Alaska Native families have the                         DEPARTMENT OF THE INTERIOR                               We listed the chucky madtom
                                                    opportunity to become homeowners.                                                                             (Noturus crypticus; a small fish) as
                                                                                                            Fish and Wildlife Service                             endangered under the Act (16 U.S.C.
                                                       To reduce some of the impact
                                                                                                            [FWS–R4–ES–2016–N152];                                1531 et seq.) on August 9, 2011 (76 FR
                                                    accompanying the annual premium, the
                                                                                                            [FXES11130400000C2–167–FF04E00000]                    48722). The chucky madtom grows to
                                                    payment of the annual premium can be
                                                                                                                                                                  2.9 inches (7.4 centimeters) total length
                                                    made through monthly payments, to                                                                             and is endemic to the upper Tennessee
                                                                                                            Endangered and Threatened Wildlife
                                                    spread out the cost for borrowers, or                   and Plants; Technical/Agency Draft                    River system in Tennessee. This fish is
                                                    annual and lump sum payments, to                        Recovery Plan for the Chucky Madtom                   historically known from two creek
                                                    keep a borrower’s monthly payment                                                                             systems, but only currently persists in
                                                    lower.                                                  AGENCY:   Fish and Wildlife Service,                  Little Chucky Creek where only 14
                                                       This notice increases the Section 184                Interior.                                             individuals have ever been collected.
                                                    program annual premium to 0.25                          ACTION: Notice of availability and                    All 14 have been collected at this site
                                                    percent of the remaining loan balance                   request for public comment.                           since 1991; however, none have been
                                                    for all new case numbers assigned on or                                                                       captured since 2004.
                                                                                                            SUMMARY:    We, the Fish and Wildlife                    Chucky madtoms are currently known
                                                    after December 1, 2016 until the unpaid                 Service (Service), announce the
                                                    principal balance, excluding the upfront                                                                      from a single tributary to the
                                                                                                            availability of the technical/agency draft            Nolichucky River in stream sections 5 to
                                                    loan guarantee fee, reaches 78 percent of               recovery plan for the endangered
                                                    the lower of the initial sales price or                                                                       7 meters (16 to 23 feet) wide in riffle
                                                                                                            chucky madtom, a fish. The draft                      and swim through streams lined by
                                                    appraised value based on the initial                    recovery plan includes specific recovery
                                                    amortization schedule.                                                                                        water willow (Justicia americana) beds
                                                                                                            objectives and criteria that must be met              with slow-to-moderate current over pea-
                                                       This notice does not supersede HUD’s                 in order for us to reclassify this species            sized gravel, cobble, or slab-rock
                                                    guidance on the cancellation of the                     to threatened status under the                        substrates. In addition to habitat
                                                    annual premium when the loan reaches                    Endangered Species Act of 1973, as                    degradation, threats to the species
                                                    the 78 percent loan-to-value ratio that                 amended (Act). We request review and                  include extreme curtailment of habitat
                                                    was provided in the October 7, 2014                     comment on this draft recovery plan                   and range, small population size and
                                                    Notice (79 FR 60492).                                   from local, State, and Federal agencies,              low numbers, inability to offset
                                                                                                            and the public.                                       mortality with natural reproduction and
                                                    IV. Tribal Consultation                                 DATES: In order to be considered,                     recruitment, and their resulting
                                                                                                            comments on the draft recovery plan                   vulnerability to natural or human
                                                      HUD’s policy is to consult with
                                                                                                            must be received on or before January 3,              induced catastrophic events (e.g.,
                                                    Indian tribes early in the process on
                                                                                                            2017.                                                 droughts, pollution spills, etc.).
                                                    matters that have tribal implications.
                                                                                                            ADDRESSES: Reviewing documents: If                    Surviving populations are threatened by
                                                    Accordingly, on June 26, 2016, HUD
                                                    sent letters to all tribal leaders                      you wish to review this technical/                    water quality and habitat deterioration.
                                                                                                            agency draft recovery plan, you may                   Another potential threat is introduced
                                                    participating in the Section 184
                                                                                                            obtain a copy by contacting Mary E.                   crayfishes (Orconectes sp.), which are
                                                    program, informing them of the nature
                                                                                                            Jennings, Field Supervisor, U.S. Fish                 thought to compete with chucky
                                                    of the forthcoming notice and soliciting                and Wildlife Service, Tennessee                       madtoms for access to the little habitat
                                                    comments. A summary of comments                         Ecological Services Field Office, 446                 that is available in Little Chucky Creek.
                                                    received and responses can be found on                  Neal Street, Cookeville, TN 38501; tel.                  Approximately 20 river miles (32
                                                    HUD’s Web site at: http://                              931–528–6481; or by visiting the                      river kilometers) of stream channels in
                                                    portal.hud.gov/hudportal/HUD?src=/                      Service’s Tennessee Field Office Web                  Little Chucky Creek, Greene County,
                                                    program_offices/public_indian_                          site at http://www.fws.gov/cookeville.                Tennessee, have been designated as
                                                    housing/ih/homeownership/184.                              Submitting comments: If you wish to                critical habitat for the chucky madtom
                                                    V. Environmental Impact                                 comment, you may submit your                          (77 FR 63604). This fish has a recovery
                                                                                                            comments by one of the following                      priority number of 5 which indicates the
                                                      This notice involves the                              methods:                                              species faces a high degree of threat, but
                                                    establishment of a rate or cost                            1. You may submit written comments                 has a low recovery potential.
                                                    determination that does not constitute a                and materials to us, at the above                        Restoring an endangered or
                                                    development decision affecting the                      address.                                              threatened animal or plant to the point
                                                                                                               2. You may hand-deliver written                    where it is again a secure, self-
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    physical condition of specific project
                                                    areas or building sites. Accordingly,                   comments to our Tennessee Field                       sustaining member of its ecosystem is a
                                                    under 24 CFR 50.19(c)(6), this notice is                Office, at the above address, or fax them             primary goal of our endangered species
                                                    categorically excluded from                             to 931–528–7075.                                      program. To help guide the recovery
                                                    environmental review under the                             3. You may send comments by email                  effort, we prepare recovery plans for
                                                                                                            to mary_e_jennings@fws.gov. Please                    most listed species. Recovery plans
                                                    National Environmental Policy Act of
                                                                                                            include ‘‘Chucky Madtom Draft                         describe actions considered necessary
                                                    1969 (U.S.C. 4321).
                                                                                                            Recovery Plan Comments’’ on the                       for conservation of the species, establish
                                                                                                            subject line.                                         criteria for downlisting or delisting, and


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                                                    75838                      Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Notices

                                                    estimate time and cost for implementing                 personal identifying information—may                     We, the U.S. Fish and Wildlife
                                                    recovery measures.                                      be made publicly available at any time.               Service (‘‘the Service’’), hereby
                                                      The Act requires the development of                   While you can ask us in your comment                  announce that information related to
                                                    recovery plans for listed species, unless               to withhold your personal identifying                 records for the import and export of all
                                                    such a plan would not promote the                       information from public review, we                    wildlife specimens to and from the
                                                    conservation of a particular species.                   cannot guarantee that we will be able to              United States may be disclosed under
                                                    Section 4(f) of the Act requires us to                  do so.                                                FOIA (43 CFR 2.27(b)).
                                                    provide public notice and an                                                                                     Submitters of this type of information
                                                    opportunity for public review and                       Authority                                             can contact the Service to review
                                                    comment during recovery plan                              The authority for this action is section            records subject to possible release. If
                                                    development. We will consider all                       4(f) of the Endangered Species Act, 16                you are a submitter of this information,
                                                    information presented during a public                   U.S.C. 1533(f).                                       the Service will presume that you do
                                                    comment period prior to approval of                      Dated: September 6, 2016.                            not object to the disclosure of your
                                                    each new or revised recovery plan. We                                                                         information if a response to this notice
                                                                                                            Mike Oetker,
                                                    and other Federal agencies will take                                                                          is not received by the date specified
                                                                                                            Acting Regional Director, Southeast Region.           above in DATES.
                                                    these comments into account in the
                                                                                                            [FR Doc. 2016–26330 Filed 10–31–16; 8:45 am]
                                                    course of implementing approved                                                                               I. Background
                                                                                                            BILLING CODE 4310–55–P
                                                    recovery plans.
                                                                                                                                                                     The Department is soliciting views
                                                    Recovery Plan Components                                                                                      from submitters with respect to whether
                                                       The recovery objectives are to work to               DEPARTMENT OF THE INTERIOR                            certain records constitute ‘‘trade secrets
                                                    reduce threats in order to downlist the                                                                       and commercial or financial information
                                                                                                            Fish and Wildlife Service                             obtained from a person [that are]
                                                    chucky madtom to threatened status.
                                                    Defining reasonable delisting criteria is               [FWS–HQ–LE–2016–N156; FF09L00200–FX–
                                                                                                                                                                  privileged or confidential’’ information
                                                    not possible at this time given the                     LE18110900000]                                        under the FOIA, 5 U.S.C. 552(b)(4). The
                                                    current low number of individuals,                                                                            records at issue concern information in
                                                    extreme curtailment of the species’                     Freedom of Information Act; Notice of                 the Service’s Law Enforcement
                                                    range, extensive modification and                       Lawsuit                                               Management Information System
                                                    fragment of habitat with the species’                                                                         (LEMIS) relating to the import and
                                                                                                            AGENCY:   Fish and Wildlife Service,                  export of all wildlife specimens to and
                                                    historical range, lack of information
                                                                                                            Interior.                                             from the United States:
                                                    about the species’ biology, and
                                                    magnitude of other existing threats.                    ACTION: Notice; request for comments.                    a. For the years 2002 through 2010,
                                                    Therefore, this recovery plan establishes                                                                     2013, and 2014;
                                                                                                            SUMMARY:   The U.S. Fish and Wildlife                    b. of any taxonomic class, whether
                                                    only downlisting criteria for this catfish.
                                                                                                            Service seeks information about                       live, dead, parts, or products; and
                                                    Criteria will be reevaluated as new
                                                                                                            potential objections to the public release               c. with the following variables to be
                                                    information becomes available.
                                                                                                            of possibly confidential information                  included in the records: Control
                                                       Downlisting of chucky madtom will be
                                                                                                            regarding import and export activities                Number, Species Code, Class, Genus,
                                                    considered when:
                                                       1. Suitable instream and riparian                    tracked via the Service’s Law                         Species, Subspecies, Generic Name,
                                                    habitat, flows, and water quality for                   Enforcement Management Information                    Specific Name, Wildlife Description,
                                                    chucky madtom as defined by the best                    System. We issue this notice and solicit              Quantity, Unit, Value, Country of
                                                    available science (to be refined by                     this information in response to a lawsuit             Origin, Country Import/Export, Purpose,
                                                    recovery actions), exist in occupied                    under the Freedom of Information Act.                 Source, Act, Disposition Code,
                                                    streams (addresses Factor A).                           DATES: You must submit comments on                    Disposition Date, Shipment Date,
                                                       2. Population studies show that a                    or before November 22, 2016.                          Import/Export, Port Code, U.S.
                                                    viable chucky madtom population in                      ADDRESSES: You may submit comments                    Importer/Exporter, and Foreign
                                                    Little Chucky Creek and at least 1 other                by one of the following methods:                      Importer/Exporter.
                                                    stream (Dunn Creek, Jackson Branch;                        • Email: lawenforcement@fws.gov.                      This notice relates to FOIA requests
                                                    e.g., the only known stream representing                   • Fax: (703) 358–2271.                             by Humane Society International (HSI)
                                                    the historical range of the species) are                   • U.S. mail or hand-delivery: U.S.                 of June 2, 2014; August 21, 2014; June
                                                    naturally recruiting (consisting of two                 Fish and Wildlife Service, Office of Law              3, 2015; and November 3, 2015. In
                                                    year classes in the fall months) and                    Enforcement (FOIA), 5275 Leesburg                     response to these FOIA requests, the
                                                    sustainable over a period of 20–30 years                Pike (MS: OLE), Falls Church, VA                      Service withheld the ‘‘Declared Value of
                                                    (10 generations) (addresses Factors A, C,               22041.                                                Wildlife’’ and ‘‘Foreign Importer/
                                                    and E).                                                                                                       Exporter’’ columns in their entirety
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      under FOIA Exemption 4. The Service
                                                    Request for Public Comments                             Michael Jenkins, Management Analyst                   withheld additional information under
                                                      We request written comments on the                    Specialist, USFWS, Office of Law                      Exemptions 6 and 7(C). The Service’s
                                                    draft recovery plan. We will consider all               Enforcement, 5275 Leesburg Pike, Falls                response to these FOIA requests is now
                                                    comments we receive by the date                         Church, VA 22041; telephone (703)                     the subject of a lawsuit, Humane Society
                                                                                                            358–1949.                                             Int’l v. U.S. FWS, No. 16–720 (D.D.C.,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    specified in DATES prior to final
                                                    approval of the plan.                                   SUPPLEMENTARY INFORMATION: This                       filed Apr. 18, 2016). A copy of HSI’s
                                                                                                            notice is issued under part 2 of title 43             three FOIA requests, as well as the
                                                    Public Availability of Comments                         of the Code of Federal Regulations                    complaint filed in the United States
                                                      Before including your address, phone                  (CFR), which sets forth regulations for               District Court for the District of
                                                    number, email address, or other                         administration of the Freedom of                      Columbia, has been posted on: https://
                                                    personal identifying information in your                Information Act (FOIA) by the U.S.                    www.fws.gov/le/
                                                    comment, you should be aware that                       Department of the Interior (‘‘the                     businesses.html#FOIAMatters. Upon
                                                    your entire comment—including your                      Department’’).                                        request, the Service will provide


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Document Created: 2016-11-01 02:35:30
Document Modified: 2016-11-01 02:35:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability and request for public comment.
DatesIn order to be considered, comments on the draft recovery plan must be received on or before January 3, 2017.
FR Citation81 FR 75837 

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