83 FR 55341 - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Spring Pygmy Sunfish

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 214 (November 5, 2018)

Page Range		55341-55345
FR Document		2018-24162

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our October 2, 2012, proposed rule to designate critical habitat for the spring pygmy sunfish (Elassoma alabamae), under the Endangered Species Act of 1973, as amended (Act). In this document, we propose to add one critical habitat unit (123 hectares (ha) (303 acres (ac)) in Madison County, Alabama, to the critical habitat designation. As a result, our proposed revised critical habitat designation for the species now includes three critical habitat units, totaling approximately 749 ha (1,852 ac), in Alabama. This reopened comment period will provide the public with an opportunity to submit written comments on both the revision described in this document and the October 2, 2012, proposed rule, as well as intervening relevant publications. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule.

Federal Register, Volume 83 Issue 214 (Monday, November 5, 2018)

[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Proposed Rules]
[Pages 55341-55345]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24162]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2013-0010; 4500030114]
RIN 1018-BD54


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Spring Pygmy Sunfish

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; revision and reopening of comment period.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the comment period on our October 2, 2012, proposed rule 
to designate critical habitat for the spring pygmy sunfish (Elassoma 
alabamae), under the Endangered Species Act of 1973, as amended (Act). 
In this document, we propose to add one critical habitat unit (123 
hectares (ha) (303 acres (ac)) in Madison County, Alabama, to the 
critical habitat designation. As a result, our proposed revised 
critical habitat designation for the species now includes three 
critical habitat units, totaling approximately 749 ha (1,852 ac), in 
Alabama. This reopened comment period will provide the public with an 
opportunity to submit written comments on both the revision described 
in this document and the October 2, 2012, proposed rule, as well as 
intervening relevant publications. Comments previously submitted need 
not be resubmitted, as they will be fully considered in preparation of 
the final rule.

DATES: The comment period for the proposed rule published October 2, 
2012, at 77 FR 60180 is reopened. We will consider comments received or 
postmarked on or before December 5, 2018. 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.

ADDRESSES: You may submit written 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-2013-0010, 
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 Rule box to locate this document. You may submit a comment by 
clicking on ``Comment Now!''
    (2) By hard copy: Submit your comments by U.S. mail or hand-
delivery to: Public Comments Processing, Attn: FWS-R4-ES-2013-0010, 
U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls 
Church, VA 22041-3803.
    We request that you send comments only by 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 details).

FOR FURTHER INFORMATION CONTACT: William Pearson, Field Supervisor, 
Alabama Ecological Services Field Office, 1208 Main Street, Daphne, AL 
36526; telephone 251-441-5181. If you use a telecommunications device 
for the deaf (TDD), please call the Federal Relay Service at 800-877-
8339.

SUPPLEMENTARY INFORMATION:

Public Comments

    We will accept written comments and information during this 
reopened comment period on our proposed designation of critical habitat 
for the spring pygmy sunfish that was published in the Federal Register 
on

[[Page 55342]]

October 2, 2012 (77 FR 60180); the revision to the proposed boundaries 
of Unit 1 described in our April 29, 2013, Federal Register publication 
(78 FR 25033); the potential exclusions to the designation that we 
described in our February 5, 2014, Federal Register publication (79 FR 
6871); and the new proposed Unit 3 that is described in this document. 
We will consider information and recommendations we receive from all 
interested parties. We intend that any final action resulting from this 
proposal will be based on the best scientific data available and be as 
accurate and effective as possible.
    We request comments or information from any interested party on any 
aspect of the proposed designation. However, we particularly seek 
comments concerning:
    (1) The reasons why we should or should not designate habitats as 
``critical habitat'' under section 4 of the Act, including whether 
there are threats to the species from human activity, the degree of 
which can be expected to increase due to the designation, and whether 
that increase in threat outweighs the benefit of designation such that 
the designation of critical habitat is not prudent.
    (2) Land use designation and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat.
    If you submitted comments or information on the proposed rule 
during the initial comment period from October 2, 2012, to December 3, 
2012; during the second comment period from April 29, 2013, to May 29, 
2013; or during the third comment period from February 5, 2014, to 
March 7, 2014, please do not resubmit them. We have incorporated them 
into the public record as part of the previous three comment periods, 
and we will fully consider them in the preparation of our final 
determination.
    You may submit your comments and materials by one of the methods 
listed in ADDRESSES. If you submit a comment via http://www.regulations.gov, your entire comment--including any personal 
identifying information--will be posted on the website. We will post 
all hardcopy comments on http://regulations.gov as well. If you submit 
a hardcopy comment 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.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed rule, are available for 
public inspection on http://www.regulations.gov at Docket No. FWS-R4-
ES-2013-0010, 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).

Background

Species Information

    For information on the spring pygmy sunfish's biology, status, 
distribution, and habitat, refer to the October 12, 2012, proposed 
listing and critical habitat rule (77 FR 60180), and the October 2, 
2013, final listing rule (78 FR 60766).

Previous Federal Actions

    On October 2, 2012, we published a proposed rule (77 FR 60180) to 
list the spring pygmy sunfish as a threatened species and to designate 
critical habitat for the species. In that proposed rule, we proposed to 
designate two critical habitat units, totaling approximately 12.9 
kilometers (km) (8 stream miles (mi)) and 654.4 hectares (ha) (1,617 
acres (ac)) of spring system habitat and adjacent upland buffer in 
Limestone County, Alabama. Previous Federal actions occurring before 
October 2, 2012, are summarized in that proposed rule.
    On April 29, 2013, we published a document (78 FR 25033) reopening 
the comment period on the proposed listing and critical habitat for 30 
days. That document requested public comments on amendments to the 
required determinations section of the October 2, 2012, proposal, the 
draft economic analysis, and a proposed reduction in the size of the 
critical habitat designation based on information we received during 
the original public comment period. Specifically, we proposed to reduce 
the size of Unit 1 by 27.3 ha (67.6 ac), resulting in a proposed 
critical habitat designation totaling approximately 12.9 km (8 stream 
mi) and 627.02 ha (1,549.4 ac).
    On October 2, 2013, we published a final rule (78 FR 60766) listing 
the spring pygmy sunfish as a threatened species.
    On February 5, 2014, we again reopened the comment period, for an 
additional 30 days, on the proposed designation of critical habitat to 
announce exclusions we are considering to proposed critical habitat 
Unit 1 (79 FR 6871). In that document, we asked for public comments on 
excluding lands enrolled in candidate conservation agreements with 
assurances (CCAAs) in accordance with section 4(b)(2) of the Act. 
Specifically, we are considering excluding all areas covered by the 
Belle Mina Farms Ltd., McDonald Farm, and Horton Farm CCAAs based on 
our partnerships with the landowners and the conservation benefits that 
these agreements afford the spring pygmy sunfish. We will make the 
final determination on these exclusions in our final rule.

Critical Habitat

    It is our intent to discuss only those topics directly relevant to 
the designation of critical habitat for the spring pygmy sunfish in 
this document.
    Section 3 of the Act defines critical habitat as the specific areas 
within the geographical area occupied by a species, at the time it is 
listed in accordance with the Act, on which are found those physical or 
biological features (PBFs) essential to the conservation of the species 
and that may require special management considerations or protection, 
and specific areas outside the geographical area occupied by a species 
at the time it is listed, upon a determination that such areas are 
essential for the conservation of the species. If the proposed rule is 
made final, section 7 of the Act will prohibit destruction or adverse 
modification of critical habitat by any activity funded, authorized, or 
carried out by any Federal agency. Federal agencies proposing actions 
affecting critical habitat must consult with us on the effects of their 
proposed actions, under section 7(a)(2) of the Act.

Evaluation of a Documented New Population of Spring Pygmy Sunfish

    In November 2015, surveys conducted by the Geologic Survey of 
Alabama (GSA) and Service employees on Wheeler National Wildlife Refuge 
(NWR) in Madison County, Alabama, verified a new population of spring 
pygmy sunfish in Blackwell Swamp following the documentation of the 
species at the swamp in September 2015, by researchers from 
Jacksonville State University. The discovery of the new population is 
significant because it occurs outside the Beaverdam Spring complex, the 
only known occupied site on October 2, 2013, when we listed the spring 
pygmy sunfish as a threatened species under the Act, and increases the 
number of known metapopulations from one to two. Based on new 
information gathered during the November 2015 survey, we are revising 
the proposed designation of critical habitat to include a new unit 
(Unit 3) in Madison County, Alabama. This new unit contains all of the 
PBFs for the spring pygmy sunfish. Because of the limited range of the 
spring pygmy sunfish, we have determined that the new population in

[[Page 55343]]

Blackwell Swamp and its associated habitat is essential to the 
conservation of the species and may require special management 
considerations or protection. A map of proposed Unit 3 appears under 
Proposed Regulation Promulgation, below.

Proposed Critical Habitat Designation

    Based on the above information, we are proposing to revise the 
proposed critical habitat designation to include Blackwell Swamp as 
Unit 3. We provide occupancy and ownership tables below that include 
information on all three proposed critical habitat units.

Table 1--Occupancy of the Proposed Critical Habitat Units for the Spring
                              Pygmy Sunfish
------------------------------------------------------------------------
       Unit                   Location                  Occupied?
------------------------------------------------------------------------
1.................  Beaverdam Spring/Creek.....  Yes.
2.................  Pryor Spring/Branch........  No.
3.................  Blackwell Swamp/Run........  Yes.
------------------------------------------------------------------------


                                 Table 2--Ownership of the Proposed Critical Habitat Units for the Spring Pygmy Sunfish
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                   Total
         Unit                  Location           Private ownership km (mi); ha (ac)      Federal ownership km (mi); ha (ac)     length km    Total area
                                                                                                                                    (mi)       ha (ac)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1....................  Beaverdam Spring/Creek.  5.9 (3.7); 210 (518)..................  3.5 (2.21); 344 (849).................    9.5 (5.9)  553 (1,367)
2....................  Pryor Spring/Branch....  0.2 (0.15); 8.1 (20)..................  3.1 (1.95); 65 (162)..................    3.4 (2.1)     73 (182)
3....................  Blackwell Swamp/Run....  0; 0..................................  2.3 (1.4); 123 (303)..................    2.3 (1.4)    123 (303)
                                               ---------------------------------------------------------------------------------------------------------
    Total............  .......................  6.1 (3.85); 218 (538).................  8.8 (5.56); 532 (1,314)...............   15.2 (9.4)  749 (1,852)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.

    We present a brief description of Unit 3, and reasons why it meets 
the definition of critical habitat, below.

Unit 3: Blackwell Swamp/Run, Madison County, Alabama

    Unit 3 includes a total of 123 ha (303 ac) of Federal land and 2.3 
stream km (1.4 mi), all of which is federally owned within the Wheeler 
NWR in Madison County, Alabama. This unit is located about 4.3 km (2.7 
mi) due west of the town of Triana. This unit is 0.96 km (0.6 mi) north 
of Blackwell Run's confluence with the Tennessee River; approximately 1 
km (0.5 mi) south of Swancott Road SW; about 1 km (0.5 mi) west of 
Landess Circle; and just to the east of B. Road/County Line Road SW. 
Unit 3 is currently occupied by spring pygmy sunfish and contains all 
the PBFs essential to the species' survival and eventual recovery. Unit 
3 provides habitat for the spring pygmy sunfish via the spring systems 
of Blackwell Swamp, which include spring runs and a large spring-fed 
pool that was enlarged after Blackwell Spring Run was impounded (PBF 
1).
    There is adequate water quality (PBF 2), water quantity and flow 
(PBF 3), and a diversity of emergent vegetation (PBF 4) to support the 
normal life stages and behavior of the spring pygmy sunfish and its 
prey sources (PBF 4).
    Wheeler NWR actively manages water levels in proposed Unit 3 to 
enhance use by waterfowl. The water in the unit is replenished by 
surface flow from runoff, a small stream in the northeast corner, and 
numerous spring seeps of the Blackwell Spring system. The Tennessee 
River does not influence the spring pool unless allowed to enter the 
pool through the water control structure, which may occur in the course 
of waterfowl management. During flood conditions, water inundates and 
enters secondary channels and sloughs located to the south and 
southeastern portion of the unit and flows in a southerly direction 
with the spring run, sometimes overtopping the roads on the west and 
east side of the unit.
    Threats to the spring pygmy sunfish and its habitat in Unit 3 that 
may require special management or protection of the PBFs include 
structures, such as boat ramps; an unpaved, gravel-maintained, refuge 
road (11.7 km; 7.3 mi) circling the unit; and sewer, gas, and water 
easements, including a City of Huntsville sewer line right-of-way to 
the east. Additional threats outside and adjacent to the unit include 
increased agriculture, urbanization, and industrialization activities 
(such as channel modification for flood control, construction of 
impoundments, and water extraction) that significantly alter spring 
flow regime and water quality and quantity; inadequate stormwater 
management; water diversion; significant changes in streambed material 
composition and quality as a result of construction projects and 
maintenance activities that damage or destroy aquatic vegetation and 
vegetation in the riparian zone; off-road vehicle use; bridge and road 
construction and maintenance, and culvert and pipe placement; and other 
watershed and floodplain disturbances that release sediments or 
nutrients into the water. Many threats that result in decreased water 
quality and quantity are likely to be amplified during drought events.

Consideration of Economic Impacts

    The spring pygmy sunfish occurs in Unit 3, which is entirely within 
Wheeler NWR. In areas where the spring pygmy sunfish is present, 
Federal agencies already are required to consult with the Service under 
section 7 of the Act on activities they authorize, fund, or carry out 
that may affect the species. If we finalize the proposed critical 
habitat designation, measures to avoid the destruction or adverse 
modification of critical habitat would be incorporated into the 
existing consultation process for refuge activities. Therefore, the 
draft economic analysis prepared for Unit 1 and Unit 2 (78 FR 25033) is 
not significantly affected by the addition of Unit 3 in proposed 
critical habitat.

Authors

    The primary authors of this document 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 further amend part 17, subchapter B of 
chapter I, title 50 of the Code of Federal Regulations, as proposed to 
be amended at 77 FR 60180 (October 2, 2012) 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.  17.95(e) by revising paragraph (5) in, and adding a 
paragraph (8) to, the entry proposed at 77 FR 60180 for ``Spring Pygmy 
Sunfish

[[Page 55344]]

(Elassoma alabamae)'' as set forth below:


Sec.  17.95   Critical habitat--fish and wildlife.

* * * * *
    (e) Fishes.
* * * * *
    Spring Pygmy Sunfish (Elassoma alabamae)
* * * * *
    (5) Index map of critical habitat for the spring pygmy sunfish 
follows:
 BILLING CODE 4333-15-P
[GRAPHIC] [TIFF OMITTED] TP05NO18.008

* * * * *
    (8) Unit 3: Blackwell Swamp/Run, Madison County, Alabama.
    (i) General Description: Unit 3 includes a total of 123 ha (303 ac) 
of land and 2.3 stream km (1.4 stream mi), all which is federally owned 
within the Wheeler National Wildlife Refuge. Unit 3 is located 
approximately 4.3 km (2.7 mi) due west of the town of Triana. This unit 
is 0.96 km (0.6 mi) north of Blackwell Run's confluence with the 
Tennessee River; approximately 1 km (0.5 mi) south of Swancott Road SW; 
about 1 km (0.5 mi) west of Landess Circle; and just to the east of B. 
Road/County Line Road SW.
    (ii) Map of Unit 3 follows:

[[Page 55345]]

[GRAPHIC] [TIFF OMITTED] TP05NO18.009

* * * * *

    Dated: August 14, 2018.
 James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, Exercising the 
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-24162 Filed 11-2-18; 8:45 am]
 BILLING CODE 4333-15-C

55342 Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules

October 2, 2012 (77 FR 60180); the FWS–R4–ES–2013–0010, or by Mina Farms Ltd., McDonald Farm, and
revision to the proposed boundaries of appointment, during normal business Horton Farm CCAAs based on our
Unit 1 described in our April 29, 2013, hours, at the U.S. Fish and Wildlife partnerships with the landowners and
Federal Register publication (78 FR Service, Alabama Ecological Services the conservation benefits that these
25033); the potential exclusions to the Field Office (see FOR FURTHER agreements afford the spring pygmy
designation that we described in our INFORMATION CONTACT). sunfish. We will make the final
February 5, 2014, Federal Register determination on these exclusions in
publication (79 FR 6871); and the new Background our final rule.
proposed Unit 3 that is described in this Species Information Critical Habitat
document. We will consider
For information on the spring pygmy It is our intent to discuss only those
information and recommendations we
sunfish’s biology, status, distribution, topics directly relevant to the
receive from all interested parties. We
and habitat, refer to the October 12, designation of critical habitat for the
intend that any final action resulting
2012, proposed listing and critical spring pygmy sunfish in this document.
from this proposal will be based on the
habitat rule (77 FR 60180), and the Section 3 of the Act defines critical
best scientific data available and be as
October 2, 2013, final listing rule (78 FR habitat as the specific areas within the
accurate and effective as possible.
We request comments or information 60766). geographical area occupied by a species,
from any interested party on any aspect Previous Federal Actions at the time it is listed in accordance
of the proposed designation. However, with the Act, on which are found those
On October 2, 2012, we published a physical or biological features (PBFs)
we particularly seek comments
proposed rule (77 FR 60180) to list the essential to the conservation of the
concerning:
(1) The reasons why we should or spring pygmy sunfish as a threatened species and that may require special
should not designate habitats as species and to designate critical habitat management considerations or
‘‘critical habitat’’ under section 4 of the for the species. In that proposed rule, protection, and specific areas outside
Act, including whether there are threats we proposed to designate two critical the geographical area occupied by a
to the species from human activity, the habitat units, totaling approximately species at the time it is listed, upon a
degree of which can be expected to 12.9 kilometers (km) (8 stream miles determination that such areas are
increase due to the designation, and (mi)) and 654.4 hectares (ha) (1,617 essential for the conservation of the
whether that increase in threat acres (ac)) of spring system habitat and species. If the proposed rule is made
outweighs the benefit of designation adjacent upland buffer in Limestone final, section 7 of the Act will prohibit
such that the designation of critical County, Alabama. Previous Federal destruction or adverse modification of
habitat is not prudent. actions occurring before October 2, critical habitat by any activity funded,
(2) Land use designation and current 2012, are summarized in that proposed authorized, or carried out by any
or planned activities in the subject areas rule. Federal agency. Federal agencies
and their possible impacts on proposed On April 29, 2013, we published a proposing actions affecting critical
critical habitat. document (78 FR 25033) reopening the habitat must consult with us on the
If you submitted comments or comment period on the proposed listing effects of their proposed actions, under
information on the proposed rule during and critical habitat for 30 days. That section 7(a)(2) of the Act.
the initial comment period from October document requested public comments
on amendments to the required Evaluation of a Documented New
2, 2012, to December 3, 2012; during the
determinations section of the October 2, Population of Spring Pygmy Sunfish
second comment period from April 29,
2013, to May 29, 2013; or during the 2012, proposal, the draft economic In November 2015, surveys conducted
third comment period from February 5, analysis, and a proposed reduction in by the Geologic Survey of Alabama
2014, to March 7, 2014, please do not the size of the critical habitat (GSA) and Service employees on
resubmit them. We have incorporated designation based on information we Wheeler National Wildlife Refuge
them into the public record as part of received during the original public (NWR) in Madison County, Alabama,
the previous three comment periods, comment period. Specifically, we verified a new population of spring
and we will fully consider them in the proposed to reduce the size of Unit 1 by pygmy sunfish in Blackwell Swamp
preparation of our final determination. 27.3 ha (67.6 ac), resulting in a proposed following the documentation of the
You may submit your comments and critical habitat designation totaling species at the swamp in September
materials by one of the methods listed approximately 12.9 km (8 stream mi) 2015, by researchers from Jacksonville
in ADDRESSES. If you submit a comment and 627.02 ha (1,549.4 ac). State University. The discovery of the
via http://www.regulations.gov, your On October 2, 2013, we published a new population is significant because it
entire comment—including any final rule (78 FR 60766) listing the occurs outside the Beaverdam Spring
personal identifying information—will spring pygmy sunfish as a threatened complex, the only known occupied site
be posted on the website. We will post species. on October 2, 2013, when we listed the
all hardcopy comments on http:// On February 5, 2014, we again spring pygmy sunfish as a threatened
regulations.gov as well. If you submit a reopened the comment period, for an species under the Act, and increases the
hardcopy comment that includes additional 30 days, on the proposed number of known metapopulations from
personal identifying information, you designation of critical habitat to one to two. Based on new information
may request at the top of your document announce exclusions we are considering gathered during the November 2015
that we withhold this information from to proposed critical habitat Unit 1 (79 survey, we are revising the proposed
public review. However, we cannot FR 6871). In that document, we asked designation of critical habitat to include
guarantee that we will be able to do so. for public comments on excluding lands a new unit (Unit 3) in Madison County,
Comments and materials we receive, enrolled in candidate conservation Alabama. This new unit contains all of
as well as supporting documentation we agreements with assurances (CCAAs) in the PBFs for the spring pygmy sunfish.
used in preparing the proposed rule, are accordance with section 4(b)(2) of the Because of the limited range of the
available for public inspection on http:// Act. Specifically, we are considering spring pygmy sunfish, we have
www.regulations.gov at Docket No. excluding all areas covered by the Belle determined that the new population in

VerDate Sep<11>2014 17:06 Nov 02, 2018 Jkt 247001 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 E:\FR\FM\05NOP1.SGM 05NOP1

Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules 55343

Blackwell Swamp and its associated Proposed Critical Habitat Designation TABLE 1—OCCUPANCY OF THE PRO-
habitat is essential to the conservation POSED CRITICAL HABITAT UNITS FOR
of the species and may require special Based on the above information, we
are proposing to revise the proposed THE SPRING PYGMY SUNFISH
management considerations or
critical habitat designation to include Unit Location Occupied?
protection. A map of proposed Unit 3
Blackwell Swamp as Unit 3. We provide
appears under Proposed Regulation occupancy and ownership tables below 1 ....... Beaverdam Spring/Creek ....... Yes.
Promulgation, below. that include information on all three 2 ....... Pryor Spring/Branch ............... No.
3 ....... Blackwell Swamp/Run ............ Yes.
proposed critical habitat units.
TABLE 2—OWNERSHIP OF THE PROPOSED CRITICAL HABITAT UNITS FOR THE SPRING PYGMY SUNFISH
Private ownership km Federal ownership km Total length Total area
Unit Location (mi); ha (ac) (mi); ha (ac) km (mi) ha (ac)

1 ............. Beaverdam Spring/Creek ................................... 5.9 (3.7); 210 (518) ........ 3.5 (2.21); 344 (849) ...... 9.5 (5.9) 553 (1,367)
2 ............. Pryor Spring/Branch ........................................... 0.2 (0.15); 8.1 (20) ......... 3.1 (1.95); 65 (162) ........ 3.4 (2.1) 73 (182)
3 ............. Blackwell Swamp/Run ........................................ 0; 0 ................................. 2.3 (1.4); 123 (303) ........ 2.3 (1.4) 123 (303)

Total ............................................................................. 6.1 (3.85); 218 (538) ...... 8.8 (5.56); 532 (1,314) ... 15.2 (9.4) 749 (1,852)
* Totals may not sum due to rounding.

We present a brief description of Unit During flood conditions, water sunfish is present, Federal agencies
3, and reasons why it meets the inundates and enters secondary already are required to consult with the
definition of critical habitat, below. channels and sloughs located to the Service under section 7 of the Act on
south and southeastern portion of the activities they authorize, fund, or carry
Unit 3: Blackwell Swamp/Run, Madison
unit and flows in a southerly direction out that may affect the species. If we
County, Alabama
with the spring run, sometimes finalize the proposed critical habitat
Unit 3 includes a total of 123 ha (303 overtopping the roads on the west and designation, measures to avoid the
ac) of Federal land and 2.3 stream km east side of the unit. destruction or adverse modification of
(1.4 mi), all of which is federally owned Threats to the spring pygmy sunfish critical habitat would be incorporated
within the Wheeler NWR in Madison and its habitat in Unit 3 that may into the existing consultation process
County, Alabama. This unit is located require special management or for refuge activities. Therefore, the draft
about 4.3 km (2.7 mi) due west of the protection of the PBFs include economic analysis prepared for Unit 1
town of Triana. This unit is 0.96 km (0.6 structures, such as boat ramps; an and Unit 2 (78 FR 25033) is not
mi) north of Blackwell Run’s confluence unpaved, gravel-maintained, refuge road significantly affected by the addition of
with the Tennessee River; (11.7 km; 7.3 mi) circling the unit; and Unit 3 in proposed critical habitat.
approximately 1 km (0.5 mi) south of sewer, gas, and water easements,
Swancott Road SW; about 1 km (0.5 mi) including a City of Huntsville sewer line Authors
west of Landess Circle; and just to the right-of-way to the east. Additional The primary authors of this document
east of B. Road/County Line Road SW. threats outside and adjacent to the unit are the staff members of the Alabama
Unit 3 is currently occupied by spring include increased agriculture, Ecological Services Field Office.
pygmy sunfish and contains all the urbanization, and industrialization
PBFs essential to the species’ survival activities (such as channel modification List of Subjects in 50 CFR Part 17
and eventual recovery. Unit 3 provides for flood control, construction of Endangered and threatened species,
habitat for the spring pygmy sunfish via impoundments, and water extraction) Exports, Imports, Reporting and
the spring systems of Blackwell Swamp, that significantly alter spring flow recordkeeping requirements,
which include spring runs and a large regime and water quality and quantity; Transportation.
spring-fed pool that was enlarged after inadequate stormwater management; Proposed Regulation Promulgation
Blackwell Spring Run was impounded water diversion; significant changes in
(PBF 1). streambed material composition and Accordingly, we propose to further
There is adequate water quality (PBF quality as a result of construction amend part 17, subchapter B of chapter
2), water quantity and flow (PBF 3), and projects and maintenance activities that I, title 50 of the Code of Federal
a diversity of emergent vegetation (PBF damage or destroy aquatic vegetation Regulations, as proposed to be amended
4) to support the normal life stages and and vegetation in the riparian zone; off- at 77 FR 60180 (October 2, 2012) as set
behavior of the spring pygmy sunfish road vehicle use; bridge and road forth below:
and its prey sources (PBF 4). construction and maintenance, and
Wheeler NWR actively manages water culvert and pipe placement; and other PART 17—ENDANGERED AND
levels in proposed Unit 3 to enhance watershed and floodplain disturbances THREATENED WILDLIFE AND PLANTS
use by waterfowl. The water in the unit that release sediments or nutrients into ■ 1. The authority citation for part 17
is replenished by surface flow from the water. Many threats that result in continues to read as follows:
runoff, a small stream in the northeast decreased water quality and quantity are
corner, and numerous spring seeps of likely to be amplified during drought Authority: 16 U.S.C. 1361–1407; 1531–
the Blackwell Spring system. The 1544; and 4201–4245, unless otherwise
events. noted.
Tennessee River does not influence the
spring pool unless allowed to enter the Consideration of Economic Impacts ■ 2. Amend § 17.95(e) by revising
pool through the water control The spring pygmy sunfish occurs in paragraph (5) in, and adding a
structure, which may occur in the Unit 3, which is entirely within Wheeler paragraph (8) to, the entry proposed at
course of waterfowl management. NWR. In areas where the spring pygmy 77 FR 60180 for ‘‘Spring Pygmy Sunfish

VerDate Sep<11>2014 17:06 Nov 02, 2018 Jkt 247001 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\05NOP1.SGM 05NOP1

Document Created: 2018-11-03 00:28:10
Document Modified: 2018-11-03 00:28:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule; revision and reopening of comment period.
Dates		The comment period for the proposed rule published October 2, 2012, at 77 FR 60180 is reopened. We will consider comments received or postmarked on or before December 5, 2018. Comments submitted
Contact		William Pearson, Field Supervisor, Alabama Ecological Services Field Office, 1208 Main Street, Daphne, AL 36526; telephone 251-441-5181. If you use a telecommunications device for the deaf (TDD), please call the Federal Relay Service at 800-877- 8339.
FR Citation		83 FR 55341
RIN Number		1018-BD54
CFR Associated		Endangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation

83 FR 55341 - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Spring Pygmy Sunfish

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 83, Issue 214 (November 5, 2018)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service