Proposed Rule2024-17249
Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Long Valley Speckled Dace
Primary source
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Published
August 8, 2024
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), propose to list the Long Valley speckled dace (Rhinichthys nevadensis caldera), a fish native to California, as an endangered species under the Endangered Species Act of 1973, as amended (Act). This determination also serves as our 12-month finding on a petition to list the Long Valley speckled dace. After a review of the best available scientific and commercial information, we find that listing the subspecies is warranted. Accordingly, we propose to list the Long Valley speckled dace as an endangered species under the Act. If we finalize this rule as proposed, it would add this subspecies to the List of Endangered and Threatened Wildlife and extend the Act's protections to the subspecies. We have determined that designation of critical habitat for the Long Valley speckled dace is not determinable at this time.
Full Text
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[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Proposed Rules]
[Pages 64852-64865]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17249]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2021-0065; FXES1111090FEDR-245-FF09E21000]
RIN 1018-BH40
Endangered and Threatened Wildlife and Plants; Endangered Species
Status for the Long Valley Speckled Dace
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 Long Valley speckled dace (Rhinichthys nevadensis caldera), a
fish native to California, as an endangered species under the
Endangered Species Act of 1973, as amended (Act). This determination
also serves as our 12-month finding on a petition to list the Long
Valley speckled dace. After a review of the best available scientific
and commercial information, we find that listing the subspecies is
warranted. Accordingly, we propose to list the Long Valley speckled
dace as an endangered species under the Act. If we finalize this rule
as proposed, it would add this subspecies to the List of Endangered and
Threatened Wildlife and extend the Act's protections to the subspecies.
We have determined that designation of critical habitat for the Long
Valley speckled dace is not determinable at this time.
DATES: We will accept comments received or postmarked on or before
October 7, 2024. 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 a
public hearing, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by September 23, 2024.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-R8-ES-2021-0065,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, check the Proposed Rule
box to locate this document. You may submit a comment by clicking on
``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R8-ES-2021-0065, U.S. Fish and Wildlife Service,
MS: PRB/3W, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
Availability of supporting materials: Supporting materials, such as
the species status assessment report, are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-R8-ES-2021-0065.
[[Page 64853]]
FOR FURTHER INFORMATION CONTACT: Justin Barrett, Deputy Field
Supervisor, Reno Fish and Wildlife Office, U.S. Fish and Wildlife
Service, 1340 Financial Boulevard, Suite 234, Reno, NV 89502; telephone
775-861-6338. Individuals in the United States who are deaf, deafblind,
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States. Please see Docket No. FWS-R8-ES-2021-0065 on <a href="https://www.regulations.gov">https://www.regulations.gov</a> for a document that summarizes this proposed rule.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a proposed rule. The Act (16 U.S.C. 1531 et
seq.) defines the term ``species'' as including any subspecies of fish
or wildlife or plants, and any distinct population segment of any
species of vertebrate fish or wildlife which interbreeds when mature.
Under the Act, a species warrants listing if it meets the definition of
an endangered species (in danger of extinction throughout all or a
significant portion of its range) or a threatened species (likely to
become an endangered species within the foreseeable future throughout
all or a significant portion of its range). If we determine that a
species warrants listing, we must list the species promptly and
designate the species' critical habitat to the maximum extent prudent
and determinable. We have determined that the Long Valley speckled dace
meets the definition of an endangered species; therefore, we are
proposing to list it as such. Listing a species as an endangered or
threatened species can be completed only by issuing a proposed rule
through the Administrative Procedure Act rulemaking process (5 U.S.C.
551 et seq.).
What this document does. We propose to list the Long Valley
speckled dace as an endangered species under the Act.
The basis for our action. Under the Act, we may determine that a
species is an endangered or threatened species because of any of five
factors: (A) The present or threatened destruction, modification, or
curtailment of its habitat or range; (B) overutilization for
commercial, recreational, scientific, or educational purposes; (C)
disease or predation; (D) the inadequacy of existing regulatory
mechanisms; or (E) other natural or manmade factors affecting its
continued existence. We have determined that the Long Valley speckled
dace is endangered due to the following threats: disease; introduced
species; grazing; recreation; a trout hatchery; geothermal development;
climate change; and effects of small population size.
Section 4(a)(3) of the Act requires the Secretary of the Interior
(Secretary), to the maximum extent prudent and determinable,
concurrently with listing designate critical habitat for the species.
Section 3(5)(A) of the Act defines critical habitat as (i) the specific
areas within the geographical area occupied by the species, at the time
it is listed, on which are found those physical or biological features
(I) essential to the conservation of the species and (II) which may
require special management considerations or protection; and (ii)
specific areas outside the geographical area occupied by the species at
the time it is listed, upon a determination by the Secretary that such
areas are essential for the conservation of the species. Section
4(b)(2) of the Act states that the Secretary must make the designation
on the basis of the best scientific data available and after taking
into consideration the economic impact, the impact on national
security, and any other relevant impacts of specifying any particular
area as critical habitat.
We determined that designating critical habitat for the Long Valley
speckled dace is prudent but not determinable at this time. We will
coordinate with partners to obtain data sufficient to perform the
required analysis of the impacts to inform our proposed critical
habitat designation. When critical habitat is not determinable, the Act
allows the Service an additional year to publish a critical habitat
designation (16 U.S.C. 1533(b)(6)(C)(ii)).
Information Requested
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 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 Long Valley speckled dace's biology, range, and population
trends, including:
(a) Biological or ecological requirements of the subspecies,
including habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns
and the locations of any additional populations of this subspecies;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the subspecies, its
habitat, or both.
(2) Threats and conservation actions affecting the subspecies,
including:
(a) Factors that may be affecting the continued existence of the
subspecies, which may include habitat modification or destruction,
overutilization, disease, predation, the inadequacy of existing
regulatory mechanisms, or other natural or manmade factors;
(b) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to this subspecies; and
(c) Existing regulations or conservation actions that may be
addressing threats to this subspecies.
(3) Additional information concerning the historical and current
status of this subspecies.
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, do not provide substantial
information necessary to support a determination. Section 4(b)(1)(A) of
the Act directs that determinations as to whether any species is an
endangered or a threatened 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your
entire submission--including any personal identifying information--will
be posted on the website. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Comments and materials we receive, as well as supporting
documentation we
[[Page 64854]]
used in preparing this proposed rule, will be available for public
inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Our final determination may differ from this proposal because we
will consider all comments we receive during the comment period as well
as any information that may become available after this proposal. Based
on the new information we receive (and, if relevant, any comments on
that new information), we may conclude that the Long Valley speckled
dace is threatened instead of endangered, or we may conclude that the
subspecies does not warrant listing as either an endangered species or
a threatened species. In our final rule, we will clearly explain our
rationale and the basis for our final decision, including why we made
changes, if any, that differ from this proposal.
Public Hearing
Section 4(b)(5) of the Act provides for a public hearing on this
proposal, if requested. Requests must be received by the date specified
in DATES. Such requests must be sent to the address shown in FOR
FURTHER INFORMATION CONTACT. We will schedule a public hearing on this
proposal, if requested, and announce the date, time, and place of the
hearing, as well as how to obtain reasonable accommodations, in the
Federal Register and local newspapers at least 15 days before the
hearing. We may hold the public hearing in person or virtually via
webinar. We will announce any public hearing on our website, in
addition to the Federal Register. The use of virtual public hearings is
consistent with our regulations at 50 CFR 424.16(c)(3).
Previous Federal Actions
On June 24, 2020, the Service received a petition, dated June 8,
2020, from the Center for Biological Diversity (CBD) requesting that
the Long Valley speckled dace and two other speckled dace entities in
the Death Valley region be listed as endangered or threatened species
and critical habitat be designated under the Act. On September 29,
2021, we published in the Federal Register (86 FR 53937) a 90-day
finding that the petition presented substantial scientific or
commercial information indicating that listing the Long Valley speckled
dace may be warranted.
Peer Review
A species status assessment (SSA) team prepared an SSA report for
the Long Valley speckled dace (Service 2023, entire). The SSA team was
composed of Service biologists, in consultation with other species
experts. The SSA report represents a compilation of the best scientific
and commercial data available concerning the status of the species,
including the impacts of past, present, and future factors (both
negative and beneficial) affecting the species.
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), and our August 22,
2016, memorandum updating and clarifying the role of peer review in
listing and recovery actions under the Act, we solicited independent
scientific review of the information contained in the Long Valley
speckled dace SSA report. We sent the SSA report to four independent
peer reviewers and received responses from all four reviewers. Results
of this structured peer review process can be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In preparing this proposed rule, we incorporated
the results of these reviews, as appropriate, into the SSA report,
which is the foundation for this proposed rule.
Summary of Peer Reviewer Comments
As discussed above in Peer Review, we received comments from four
peer reviewers on the draft SSA report. We reviewed all comments for
substantive issues and new information regarding the material contained
in the SSA report. Reviewers generally provided additional references,
clarifications, and suggestions for the SSA report. We updated the SSA
report based on the information we received and worked with researchers
to update the current and future condition analyses. Peer reviewer
comments are addressed in the following summary, and information
provided was incorporated into the SSA report as appropriate (Service
2023, entire).
Comment 1: A reviewer commented on cattails and other vegetation
being a present threat at Whitmore Marsh and that removal of plants
from selected areas may be beneficial for improving Long Valley
speckled dace habitat.
Our Response: We added text to chapter 4.5.2.2 of the SSA report to
describe the potential impacts of Typha spp. on the Long Valley
speckled dace and its habitat.
Comment 2: A reviewer asked whether Lahontan cutthroat trout
(Oncorhynchus clarkii henshawi) in the translocation site, O'Harrel
Canyon Creek, would prey upon Long Valley speckled dace when migrating
downstream in the winter.
Our Response: Lahontan cutthroat trout do have the potential to
prey upon Long Valley speckled dace. We added text to chapter 3.1.5 of
the SSA report discussing the potential for Lahontan cutthroat trout to
move downstream as potential predators.
Comment 3: A reviewer asked if the estimate of the refuge
population was adults only or if juveniles were included. They
expressed concern that the estimate may be overestimated if juveniles
were included.
Our Response: We added the range of sizes of collected individuals
to clarify the information presented in chapter 4.6 of the SSA report,
where we describe the refuge population in greater detail.
Comment 4: A reviewer questioned what ``relatively stable'' meant
in terms of survey results conducted by the California Department of
Fish and Wildlife (CDFW) at Whitmore Marsh. The reviewer commented that
a stable population with low abundance is still at risk of extirpation.
They also questioned whether the negative effects of removing fish from
Whitmore Marsh, a small population, were considered.
Our Response: We added text to chapter 4.3.7 of the SSA report to
clarify that the CDFW characterized the population as relatively stable
during their 2002 and 2009 surveys, although CDFW did not define the
term ``relatively stable'' and no abundance data or estimates were
generated in those surveys. All available information is provided in
chapter 4.3.7 of the SSA report.
Comment 5: A reviewer requested clarification on how high snowpack
prevents movement of Long Valley speckled dace.
Our Response: We added text to chapter 4.3.7 of the SSA report to
clarify that cold temperatures from meltwater could have contributed to
Long Valley speckled dace concentrating in the upper reaches of
Whitmore Marsh near the spring source and the pool discharge.
Comment 6: Two reviewers questioned the genetic health of the
Whitmore Marsh northeast pond refugium and questioned whether genetics
were considered in the translocation of Long Valley speckled dace to
O'Harrel Canyon Creek.
Our Response: Fin clips of Long Valley speckled dace at White
Mountain Research Center (WMRC) were collected for genetic analyses in
2021, but we are not aware of any results or information on the genetic
health of the population from this study. The O'Harrel Canyon Creek
population was sourced from White Mountain Research Center and the
White Mountain Research Center population was sourced from Whitmore
Marsh; therefore, the genetics for all three populations are the same.
[[Page 64855]]
Comment 7: A reviewer commented that the text describing
populations not being significantly influenced by grazing is not true.
They mentioned historical grazing impacts have substantially altered
stream habitat, water levels, and riparian areas. The commenter
clarified that while current grazing may not be impacting populations,
contemporary grazing likely limits the abilities of these streams to
recover. They also commented that restoring stream habitat may help
offset climate impacts in the near term.
Our Response: We made changes to the text in chapter 4.5.3 of the
SSA report to clarify that while grazing appears to impact habitat, it
may have less immediate impact to individuals and the local population
when considered relative to other threats.
Comment 8: A reviewer commented that the Hot Creek Trout Hatchery
is not hydrologically connected to Whitmore Marsh and mentioned it is
unclear why the hatchery is being considered a threat to this
population.
Our Response: We made changes to the text in the Executive Summary
and in the body of the SSA report in sections discussing Hot Creek
(Table 4) and Hot Creek Springs (section 4.3.1 and Table 4) historical
locations: (1) to discuss how the trout hatchery has potentially played
a role in the extirpation of historical populations of the Long Valley
speckled dace at the Hot Creek and Hot Creek Springs historical
locations; and (2) to remove associated text from the discussion of
current threats to the subspecies at Whitmore Marsh.
Comment 9: A reviewer commented that while Long Valley speckled
dace are currently found in geothermal waters, there is no evidence
that this is a habitat requirement. The reviewer mentioned that
Whitmore Marsh is extremely cold in the winter, emphasizing that Long
Valley speckled dace habitat associations are linked more closely to
the absence of nonnative trout.
Our Response: We made changes to the text in chapter 3.2.2 of the
SSA report to remove the word ``thermal'' from ``thermal spring
systems,'' although we do acknowledge there may be some geothermal
influence on Whitmore Marsh, as its waters do not freeze even during
extremely cold winters.
Comment 10: A reviewer commented that absence of nonnative trout
seems to be the single most important factor for the survival of Long
Valley speckled dace. They clarified that Long Valley speckled dace are
broadly tolerant of a range of water quality parameters, and this
tolerance allows them to persist in marginal habitat where nonnative
trout species cannot.
Our Response: We made changes to the text in chapter 3.2.2.1 of the
SSA report to emphasize that the presence of nonnative species has a
greater impact on the quality of habitat for Long Valley speckled dace
than water quality does.
Comment 11: A reviewer questioned how the Hot Creek Trout Hatchery
impacted Long Valley speckled dace populations given that other native
minnows (tui chub (Siphateles bicolor)) persist in the spring brooks to
this day. The reviewer noted that the spring brook habitat described by
Sada (1989, p. 13) is still intact and not impacted by the hatchery.
Our Response: We made changes to the text in chapter 4.5.5 of the
SSA report to emphasize that there is not concrete evidence that the
hatchery led to the extirpation of Long Valley speckled dace
populations but also to acknowledge that the hatchery may have had an
impact on the subspecies' habitat.
Comment 12: A reviewer commented that the status of the O'Harrel
Canyon Creek population is unknown, and it should not be described as
``established.''
Our Response: We removed the word ``established'' from the text in
chapter 4.2 of the SSA report as a descriptor for the O'Harrel Canyon
Creek population of Long Valley speckled dace.
Comment 13: A reviewer commented that there is no evidence to
support the claim that the Hot Creek Trout Hatchery played a role in
the extirpation of Long Valley speckled dace at previously occupied
historical sites. They mentioned that the Owens tui chub (Siphateles
bicolor snyderi) persisted in both spring brooks from which Long Valley
speckled dace disappeared between 1933 and 1989. Long Valley speckled
dace were also extirpated from that portion of Hot Creek away from the
hatchery's influence.
Our Response: We made changes to the text in chapter 4.5.5 of the
SSA report, adding a citation from Sada (1989, p. 3) that corroborates
the potential impacts the Hot Creek Trout Hatchery may have had on the
Long Valley speckled dace's habitat. In that discussion, we also
removed the phrase ``likely led to extirpation'' and made other
revisions to take the uncertainty into account.
Comment 14: One reviewer commented that the danger from fire caused
by climate change is underrated in our analysis.
Our Response: We added a paragraph to chapter 4.5.7 of the SSA
report addressing local fire risk and how precipitation may increase
the risk of excessive sedimentation within local watersheds.
I. Proposed Listing Determination
Background
A thorough review of the taxonomy, life history, and ecology of the
Long Valley speckled dace is presented in the SSA report (Service 2023,
pp. 6-8).
The Long Valley speckled dace is a small freshwater fish with one
remaining historical population within the 700,000 year old Long Valley
volcanic caldera and one refugium population in Mono County,
California. The subspecies previously occupied habitat in the Owens
Basin in California ranging from cold-water streams to hot springs with
water temperatures typically below 29 degrees Celsius ([deg]C) (84.2
degrees Fahrenheit ([deg]F)) (Moyle et al. 2015, p. 3). This subspecies
was found in 7 historical sites, including 6 spring sites and one small
stream. While the stream population suggests the subspecies is capable
of surviving in stream habitats, its disappearance from the historical
stream location following development of a hydrologically-connected
spring suggested the stream population relied on recruitment from
spring-dwelling individuals (Sada 1989, p. 13). Population collapses in
six historical sites that were modified and invaded by nonnative fish
species indicates that the Long Valley speckled dace is highly
susceptible to changes in its habitat. The remaining occupied habitat
includes two populations: one native population at Whitmore Marsh and
one translocated population at the three sites in O'Harrel Canyon
Creek. The CDFW also maintains a refugium population in an artificial
pond at the WMRC.
The Long Valley speckled dace is a small minnow that typically
measures less than 8 centimeters (cm) but can reach 11 cm standard
length. This subspecies is distinguished by its small downfacing mouth,
a thick caudal peduncle, small scales, and a pointed snout. The snout
typically has a small barbel on each end of the maxilla (jaw) and a
small patch of skin connects the snout to the upper lip. Adults usually
have eight rays in their dorsal fin, which originates behind the
beginning of the pelvic fins, whereas the anal fin has six to eight
rays. Distinctive dark spots on the sides and upper parts of the body,
as well as a dark lateral band running to the snout, usually occur once
the fish becomes larger than 3 cm. The body is
[[Page 64856]]
an olive to darkish yellow, with the stomach area paler in color.
During the breeding season, both males and females have orange- or red-
tipped fins, with males also exhibiting red snouts and lips. Males
often develop tubercles on their head and pectoral fins (Moyle 2002, p.
160).
The Long Valley speckled dace is a minnow (family = Leuciscidae) in
the genus Rhinichthys. In 1896, Jordan and Evermann divided Rhinichthys
osculus into a complex of 10 species (Su et al. 2021, entire). Hubbs et
al. (1974, entire) collapsed all of them into one species. In 2023,
Moyle et al. (2023, entire) summarized the recent genomic findings and
presented a revision of taxonomy for California dace populations. The
new taxonomy consists of three species (Santa Ana speckled dace (R.
gabrielino); desert speckled dace (R. nevadensis); and western speckled
dace (R. klamathensis)) and six subspecies, including the Long Valley
speckled dace (R. n. caldera).
There is little information regarding the biology and life history
of Long Valley speckled dace; therefore, the following description is
based primarily on information for general speckled dace (Rhinichthys
osculus) and historical and current collections of Long Valley speckled
dace. General speckled dace lifespan is coarsely correlated with
maximum size, with dace under 80 millimeters fork length living for
roughly 3 years. Typically, females grow faster than males. Under
stressful environmental conditions, limited food, or high population
densities, growth rates can decrease. General speckled dace reach
sexual maturity by the end of their second summer. Females produce 190-
800 eggs, depending on size and location, and release them underneath
rocks or near gravel surfaces while males release sperm.
General speckled dace's subterminal mouth and tooth structure make
it ideal for consumption of small aquatic invertebrates most common in
riffles (hydropsychid caddisflies, baetid mayflies, and chironomid and
simuliid midges). Invertebrates generally make up the bulk of their
diet; however, they may also eat filamentous algae (Moyle et al. 2015,
p. 2). Speckled dace forage opportunistically, which varies their diet
of invertebrates depending on available food sources that may change
during the seasons. Speckled dace can be active both in the day and at
night, with water temperatures influencing their level of activity.
Speckled dace are active year-round when stream temperatures stay above
4 [deg]C (39.2 [deg]F).
Long Valley speckled dace likely originated during the late
Pleistocene pluvial period when they colonized the upper Owens Valley
region from Mono Lake Basin water that spilled into the Adobe Valley.
The Adobe Valley drained into the Owens River and fish presumably swam
upstream to Long Valley. The Owens River eventually down-vaulted and
formed steep waterfalls in the gorge around 100,000 years ago,
ultimately isolating Long Valley from Owens Valley. Long Valley
speckled dace currently have limited ability to disperse between
populations, as many of the springs they occupied historically are not
hydrologically connected to other lakes or streams in the broader Death
Valley region or are separated by unsuitable habitat.
Regulatory and Analytical Framework
Regulatory Framework
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations in title 50 of the Code of Federal Regulations set forth
the procedures for determining whether a species is an endangered
species or a threatened species, issuing protective regulations for
threatened species, and designating critical habitat for endangered and
threatened species. On April 5, 2024, jointly with the National Marine
Fisheries Service, we issued a final rule that revised the regulations
in 50 CFR part 424 regarding how we add, remove, and reclassify
endangered and threatened species and what criteria we apply when
designating listed species' critical habitat (89 FR 24300). On the same
day, we published a final rule revising our protections for endangered
species and threatened species at 50 CFR 17 (89 FR 23919). These final
rules are now in effect and are incorporated into the current
regulations.
The Act defines an ``endangered species'' as a species that is in
danger of extinction throughout all or a significant portion of its
range, and a ``threatened species'' as a species that is likely to
become an endangered species within the foreseeable future throughout
all or a significant portion of its range. The Act requires that we
determine whether any species is an endangered species or a threatened
species because of any of the following factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself.
However, the mere identification of any threat(s) does not
necessarily mean that the species meets the statutory definition of an
``endangered species'' or a ``threatened species.'' In determining
whether a species meets either definition, we must evaluate all
identified threats by considering the species' expected response and
the effects of the threats--in light of those actions and conditions
that will ameliorate the threats--on an individual, population, and
species level. We evaluate each threat and its expected effects on the
species, then analyze the cumulative effect of all of the threats on
the species as a whole. We also consider the cumulative effect of the
threats in light of those actions and conditions that will have
positive effects on the species, such as any existing regulatory
mechanisms or conservation efforts. The Secretary determines whether
the species meets the definition of an ``endangered species'' or a
``threatened species'' only after conducting this cumulative analysis
and describing the expected effect on the species.
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations at 50 CFR 424.11(d) set forth a framework for
evaluating the foreseeable future on a case-by-case basis, which is
further described in the 2009 Memorandum Opinion on the foreseeable
future from the Department of the Interior, Office of the Solicitor (M-
37021, January 16, 2009; ``M-Opinion,'' available online at https://
[[Page 64857]]
www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/M-37021.pdf).
The foreseeable future extends as far into the future as the U.S.
Fish and Wildlife Service and National Marine Fisheries Service
(hereafter, the Services) can make reasonably reliable predictions
about the threats to the species and the species' responses to those
threats. We need not identify the foreseeable future in terms of a
specific period of time. We will describe the foreseeable future on a
case-by-case basis, using the best available data and taking into
account considerations such as the species' life-history
characteristics, threat projection timeframes, and environmental
variability. In other words, the foreseeable future is the period of
time over which we can make reasonably reliable predictions.
``Reliable'' does not mean ``certain''; it means sufficient to provide
a reasonable degree of confidence in the prediction, in light of the
conservation purposes of the Act.
Analytical Framework
The SSA report documents the results of our comprehensive
biological review of the best scientific and commercial data regarding
the status of the species, including an assessment of the potential
threats to the species. The SSA report does not represent our decision
on whether the species should be proposed for listing as an endangered
or threatened species under the Act. However, it does provide the
scientific basis that informs our regulatory decisions, which involve
the further application of standards within the Act and its
implementing regulations and policies.
To assess the Long Valley speckled dace's viability, we used the
three conservation biology principles of resiliency, redundancy, and
representation (Shaffer and Stein 2000, pp. 306-310). Briefly,
resiliency is the ability of the species to withstand environmental and
demographic stochasticity (for example, wet or dry, warm or cold
years); redundancy is the ability of the species to withstand
catastrophic events (for example, droughts, large pollution events);
and representation is the ability of the species to adapt to both near-
term and long-term changes in its physical and biological environment
(for example, climate conditions, pathogens). In general, species
viability will increase with increases in resiliency, redundancy, and
representation (Smith et al. 2018, p. 306). Using these principles, we
identified the Long Valley speckled dace's ecological requirements for
survival and reproduction at the individual, population, and subspecies
levels, and described the beneficial and risk factors influencing the
subspecies' viability.
The SSA process can be categorized into three sequential stages.
During the first stage, we evaluated the individual subspecies' life-
history needs. The next stage involved an assessment of the historical
and current condition of the subspecies' demographics and habitat
characteristics, including an explanation of how the subspecies arrived
at its current condition. The final stage of the SSA involved making
predictions about the subspecies' responses to positive and negative
environmental and anthropogenic influences. Throughout all of these
stages, we used the best available information to characterize
viability as the ability of the subspecies to sustain populations in
the wild over time, which we then used to inform our regulatory
decision.
The following is a summary of the key results and conclusions from
the SSA report; the full SSA report can be found at Docket No. FWS-R8-
ES-2021-0065 on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Summary of Biological Status and Threats
In this discussion, we review the biological condition of the
subspecies and its resources, and the threats that influence the
subspecies' current and future condition, in order to assess the
subspecies' overall viability and the risks to that viability.
Subspecies Needs
For Long Valley speckled dace to have high viability, the
subspecies needs to maintain its representation (adaptive capacity) by
having multiple, sufficiently resilient populations (redundancy). Long
Valley speckled dace is a narrow endemic and inherently has low
redundancy; however, it is still important that multiple, adequately
resilient populations exist throughout its range. This allows the
subspecies to retain some redundancy and representation, which help
mitigate impacts from threats and stochastic events. Having multiple
populations helps maintain genetic diversity and adaptive capacity,
which is increasingly important due to the impacts of climate change.
To have high viability, the Long Valley speckled dace would need
consistent clean cold water (water temperatures that stay below 29
[deg]C (84.2 [deg]F) in the summer months) with access to aquatic
invertebrates as a food source. Fertilized eggs and larvae utilize
gravel substrates during development, and later larvae use rocks and
emergent vegetation for cover. Adults typically inhabit springs but
have also existed in creek systems. Populations need abundant
individuals within habitat patches of adequate quality to maintain
survival and reproduction despite disturbance. For Long Valley speckled
dace, this revolves around having adequate aquifer-fed thermal spring
systems or creeks that stay above 4 [deg]C (39.2 [deg]F). Having enough
water in each spring or creek is important to allow dace within the
population to disperse throughout the connected habitat during
different seasons for reproductive purposes. Having multiple
populations connected within the watershed is important to mitigate
impacts from localized threats. Population size varies greatly based on
the annual conditions of the habitat and will rebound in numbers when
conditions are favorable.
The amount of habitat is mainly driven by snowmelt from the Sierra
Nevada highlands on the western edge of the caldera (U.S. Geological
Survey, undated). The subspecies inhabits a relatively small area,
making adequate amounts of suitable habitat important for the
resiliency of the subspecies. Quality of habitat revolves around water
quality. For the subspecies, the water quality priorities are having
water temperatures stay below 29 [deg]C (84.2 [deg]F) and limiting the
amount of pollution and sedimentation in the waterways. Invasive
species can also negatively impact habitat suitability directly by
changing dissolved oxygen and pH levels of the water or by increasing
predation and competition levels.
Capacity for population growth, particularly from low numbers, is
important for the Long Valley speckled dace's resiliency. The Long
Valley speckled dace currently occurs in low numbers, making it
especially vulnerable to stochastic events. Having populations large
enough to be self-sustaining and to be able to repopulate habitat in a
highly variable and unpredictable environment is important for the Long
Valley speckled dace's resiliency. In response to introduced species,
disease, grazing, recreation, a trout hatchery, geothermal development,
climate change, and small population size effects in the occupied
habitat, Long Valley speckled dace populations must be resilient enough
to repopulate habitat as environmental conditions change.
Although surveys have been completed at Whitmore Marsh as recently
as 2023, the six extirpated historical sites have not been revisited as
recently and assessed for current
[[Page 64858]]
habitat conditions because of previous surveys deeming them
inhabitable. An overall population estimate, and subsequent population
trends, are unknown for the subspecies outside of the Whitmore Marsh
population. O'Harrel Canyon Creek was surveyed in 2023 and 2024
(Buckmaster 2023, pers. comm.; Buckmaster 2024, pers. Comm.), with
documented evidence of survival and reproduction. However, it is
currently unknown how effectively translocated Long Valley speckled
dace can establish in a wild environment. Robust monitoring would be
needed to estimate population levels as the total number of Long Valley
speckled dace fluctuates year-to-year based on habitat conditions.
Factors Influencing Subspecies Viability
The following discussion provides a summary of the primary factors
that affect or may affect the current and future condition of the Long
Valley speckled dace. For our analysis, we evaluated impacts from the
following primary threats to the subspecies: (1) disease; (2) nonnative
species; (3) grazing; (4) recreation; (5) water diversion; (6)
geothermal development; (7) climate change; and (8) effects of small
population size.
Disease
Growth and health status of fish may be negatively affected by
parasites (Raissy and Ansari 2012, p. 74). In general, parasites may
cause stress, reduced growth, increased risk of infection or secondary
disease, and possibly death of individual fish (Hejna et al. 2023,
entire). For example, in 1988, Long Valley speckled dace found in
Whitmore Marsh were in poor condition due to a heavy parasite
infestation of yellow grub (Clinostomum marginatum) (Bogan et al. 2002,
p. 4). Because of the documented negative impacts to Long Valley
speckled dace, and because there is only one historical population of
Long Valley speckled dace remaining, we consider disease to pose a
threat to the viability of the Long Valley speckled dace.
Nonnative Species
The introduction of nonnative species may stress indigenous fish
populations via increased predation, competitive interactions,
transmission of pathogens, or hybridization (Cucherousset and Olden
2011, pp. 216-221; Mills et al. 2004, pp. 719-720). Western
mosquitofish are the most common nonnative fish species that have led
to the extirpation of isolated general speckled dace populations.
Nonnative Lahontan tui chub (Gila bicolor) are also found in the range
of the Long Valley speckled dace. Nonnative species can compete with or
prey upon Long Valley speckled dace and may introduce parasites and
disease into the freshwater ecosystems they inhabit (Stone et al. 2007,
p. 131). Long Valley speckled dace have rarely been found in springs
where other nonnative fish species are present, suggesting their
ability to compete with or avoid predation from nonnatives is limited
(Sada 1989, p. 10). For example, one Long Valley speckled dace
population collapsed within a year of western mosquitofish and Lahontan
tui chub (Gila bicolor) being recorded at the site, and the population
is currently considered extirpated (Greene 2006, pers. comm., p. 4).
Therefore, we consider nonnative species to pose a significant threat
to the viability of Long Valley speckled dace populations.
Grazing
Cattle access is known to increase bank erosion, increasing
turbidity and sedimentation in the springs. Long Valley speckled dace
require clear water for their spawning and clean vegetation for egg
laying. Sedimentation from cattle also has the potential to fill in
spring pools and runs, reducing habitat area (American Fisheries
Society, undated, entire). The increased turbidity and reduced riparian
vegetation lead to increased water temperatures, which reduce dissolved
oxygen levels and can stress Long Valley speckled dace and increase the
competitive advantage for mosquitofish. Influxes of large amounts of
cattle waste increase the amount of nutrients in the water and further
reduce visibility, which can impact the spawning of Long Valley
speckled dace. Higher levels of nutrients result in higher biological
oxygen demand and reduce the dissolved oxygen levels in the water.
Increased bacterial levels may also reduce egg viability and increase
the risk of infection. Grazing has been occurring in Long Valley since
before the discovery of Long Valley speckled dace, and historical
grazing has altered stream habitat and riparian areas, such that it is
less suitable habitat for the species. While historical grazing levels
may have had detrimental impacts to Long Valley speckled dace habitat,
the best available information indicates that while Whitmore Marsh and
Little Alkali were historically heavily impacted by cattle grazing,
both populations appeared to be stable at the time grazing impacts were
observed (Sada, 1989, p. 12). Grazing still occurs at low levels around
Whitmore Marsh and any impacts to habitat do not appear to be adversely
affecting the population there. Thus, we do not consider grazing to be
a significant threat to Long Valley speckled dace populations.
Recreation
Recreation activities in general may impact water quality,
substrate and vegetation, and free-flowing water. The spring source
that supplies Whitmore Marsh also feeds a public swimming pool.
Historically, the pool has discharged lightly chlorinated water into
the marsh from May to September (Cox 2023, p. 1), however chlorinated
water is no longer discharged into the marsh. While the effluent from
the spring is undiminished by pool operations and has maintained
sufficient flows to support this Long Valley speckled dace population,
the potential for an accidental spill of chlorinated water into the
spring still exists. There is also potential for structural damage to
the pool to result in leaks because of the age of the pool or by events
such as seismic activity. Because of the proximity of the swimming pool
to Whitmore Marsh we consider recreation to be a significant threat to
the viability of this population.
Water Diversion
Surface water diversions have the potential to affect fish survival
directly or indirectly. Water diversions reduce the amount of water
available to stream resources and return the remaining water far from
the intake. Flow alterations directly impact fish by blocking migration
routes (e.g., trapping fish in dewatered sections) and by disrupting
breeding habits. Diversions indirectly affect fish by removing stream
habitat, degrading water quality parameters, and introducing competing
nonnative species (American Fisheries Society, undated, p. 2). For
example, Long Valley speckled dace individuals disappeared from Hot
Creek shortly following the development of the Hot Creek Trout Hatchery
(a CDFW-owned facility) and associated water diversions in the 1960s.
Geothermal Development
Prior to geothermal development of a particular area, the flow path
of water underneath the land surface is usually not known with
sufficient detail to understand and prevent surface impacts that may be
caused by such development (Sorey 2000, p. 705). Changes associated
with surface expression of thermal waters from geothermal production
are common and are expected. Typical changes seen in geothermal fields
across the globe include, but are not limited to, changes in water
temperature, flow, and quality (Bonte et al. 2011, pp. 4-8; Chen et al.
[[Page 64859]]
2020, pp. 2-6; Kaya et al. 2011, pp. 55-64; Sorey 2000, entire), which
are all needs of Long Valley speckled dace.
Changes in surface-expressed water temperature and flow from
geothermal production areas have been documented within the Long Valley
Caldera at historical localities where Long Valley speckled dace
previously occurred and near the remaining population of the subspecies
(Sorey 2000, entire). Geothermal pumping between 1985-1998 at Casa
Diablo Geothermal Plant, part of Ormat Technologies, Inc., Mammoth
Geothermal Complex, resulted in flow ceasing at Colton Spring and
declines in water level at Hot Bubbling Pool (Sorey 2000, p. 706),
which are located roughly 6.4 kilometers (km) (4 miles (mi)) and 4.8 km
(3 mi) from Whitmore Marsh, respectively. Based on historical
operations of the Casa Diablo Geothermal Plant and surface water
monitoring at Whitmore Marsh, the remaining historical population of
Long Valley speckled dace is outside of the range where detectable
changes in surface features have occurred. However, the Casa Diablo-IV
power plant that was put into service in 2022 nearly doubles the
capacity of the geothermal facility, and future impacts from the
operation of the expanded plant may extend farther into the Long Valley
speckled dace's range. The doubled capacity plant has only been in
service since July 2022. Monitoring of spring flow, temperature, and
stage is not taking place at Whitmore Marsh, so the data required for
an analysis of the condition of, or possible effects from local
geothermal development to, the springs and surface water there are
currently not available. Additionally, if the operation does cause
effects to the geothermally sourced springs at Whitmore Marsh,
propagation and expression of those effects may take time. Therefore,
the best available information used to consider the impacts of
geothermal development does not indicate that it is currently a threat
to the species; however, we recognize the potential for population-
level impacts should the effects of groundwater and geothermal
extraction be realized at Whitmore Marsh.
Climate Change
Changes in climate, such as increasing temperatures, shifts in
precipitation patterns, drought, and increases in wildfire have already
been observed in California where Long Valley speckled dace occur, and
such changes are expected to continue. Current climate change forecasts
for terrestrial areas in the Northern Hemisphere predict warmer air
temperatures, more intense precipitation events (both drought and
flooding), and increased summer continental drying by the year 2100
(Intergovernmental Panel on Climate Change (IPCC) 2014, entire). Little
is known about how and when spring flows may be affected by changes in
climate. Direct hydrological connections have not been established in
most cases, and for many areas, these connections remain difficult to
make. Increased variations in temperature and precipitation in the
range of the Long Valley speckled dace may result in effects on the
life history of the subspecies. Thermal springs that comprise a major
part of Long Valley are fed by aquifers dependent on snowmelt for
recharge. Long Valley speckled dace are currently found in a hot-
spring-fed marsh and a creek, with temperatures that stay below 29
[deg]C (84.2 [deg]F). Long Valley speckled dace are capable of
withstanding elevated water temperatures (Moyle et al. 2015, p. 11),
but the lethal upper temperature limit is unknown. Fish are generally
more stressed at the upper extremes of their temperature range, and
although they may be able to survive, elevated temperature is an
example of a stressor that may affect them through reduced disease
resistance (Moyle et al. 2015, p. 11). Average annual temperatures have
increased almost 1.1 [deg]C (1.9 [deg]F) over the last century (Garfin
et al. 2014, p. 464), and an additional increase of 1.9 to 5.3 [deg]C
(3.5 to 9.5 [deg]F) is predicted to occur by the year 2100 (Walsh et
al. 2014, p. 23). In recent decades, reductions in precipitation and
winter snowpack have been observed, and this pattern is expected to
continue (Garfin et al. 2014, p. 465). The frequency and intensity of
these reductions have increased on a global scale (IPCC 2014, p. 77),
and climate change is projected to reduce surface and groundwater
resources in most subtropical deserts (IPCC 2014, p. 14).
Climate change is also predicted to increase fire frequency and
severity. Whitmore Marsh, O'Harrel Canyon Creek, and certain historical
sites (Little Alkali and Hot Creek Springs) are located within a
moderate fire hazard severity zone. Other historical sites (Unnamed
Spring and Sulfur Spring) are located within a high fire hazard
severity zone. In the southern California mountains, debris flows can
occur in both burned and unburned terrain. Wildfires greatly increase
the likelihood of debris flows within the burned area by removing
vegetation and temporarily elevating soil hydrophobicity (Staley et al.
2017, entire). Excess overland flow from intense precipitation events
caused by climate change may exacerbate the effects of debris flows in
areas affected by wildfire. When debris flows occur, they can cause
significant erosion to hillslopes and channels, resulting in large
amounts of sediment being carried downstream. This excessive sediment
can have profound negative impacts on local wildlife, including fish
such as the Long Valley speckled dace. Wildfire also eliminates
vegetation that shades the water and moderates water temperature and
may further impact water transport, sediment transport, water quality,
and flow regime. Burned uplands in the watersheds may affect Long
Valley speckled dace habitat by producing silt-and-ash-laden runoff
that can fill in pools and significantly increase turbidity of rivers.
Large wildfires have caused local extirpations in isolated Long Valley
speckled dace occurrences (Expert Working Group 2023, p. 23). Wildfire
may impact the Long Valley speckled dace throughout its remaining
range, although the location, frequency, and size of these events
cannot be precisely predicted.
Increased frequency of snow drought induced by climate change may
also affect the flow rates and temperatures of hydrologic features
inhabited by the Long Valley speckled dace (Hatchett and McEvoy 2018,
pp. 11-12). Particularly due to the historical impacts of wildfire on
Long Valley speckled dace habitat, and the potential effects a single
large fire could have on the remaining historical population at
Whitmore Marsh, we consider climate change to pose a significant threat
to the subspecies.
Effects of Small Population Size
Historically, Long Valley speckled dace mostly occurred in small,
isolated populations throughout the subspecies' range. The subspecies
currently consists of a single wild population at Whitmore Marsh.
Small, isolated populations are vulnerable to a number of deleterious
effects, including: (1) demographic fluctuation due to random variation
in birth and death rates and sex ratio; (2) environmental fluctuation
in resource or habitat availability, predation, competitive
interactions, and catastrophes; (3) reduction in cooperative
interactions and subsequent decline in fertility and survival (i.e.,
Allee effects); (4) inbreeding depression reducing reproductive
fitness; and (5) loss of genetic diversity reducing the ability to
evolve and cope with environmental change (Traill et al. 2010, p. 29).
For example, small populations of Long Valley speckled dace are
more
[[Page 64860]]
vulnerable to extirpation during environmental fluctuation, such as
flooding (which can physically wash dace away), fire (and its
subsequent impacts on Long Valley speckled dace habitat and water
quality), or sustained drought (which can result in the loss or
reduction of surface flows and concomitant increases in water
temperature). Habitat fragmentation has subjected the small populations
to genetic isolation, reduced space for rearing and reproduction, and
reduced adaptive capabilities, and has increased the subspecies'
likelihood of extinction. Isolation means that any remnant populations
following these types of events caused by environmental fluctuation or
habitat fragmentation are unlikely to benefit from demographic or
genetic rescue, further elevating risks of inbreeding depression, loss
of genetic diversity, and reductions in evolutionary potential that can
contribute to population extirpation. These small population effects
interact with other factors to pose a threat across the Long Valley
speckled dace's current range. Thus, because the Long Valley speckled
dace currently occurs in small, isolated populations, the magnitude of
the threat posed by environmental stochasticity and inbreeding
depression is elevated.
Conservation Efforts and Regulatory Mechanisms
At this time, Long Valley speckled dace is not listed under the
California Endangered Species Act (CESA). Due to concerns over the
future viability of the last remaining historical population of Long
Valley speckled dace, CDFW staff deemed it necessary to establish a
refugium population in an artificial pond at the White Mountain
Research Center (WMRC) outside of the native range (Cox, 2021, p. 1).
This population was sourced from individuals at Whitmore Marsh and a
previous refuge population known as Becky's Pond, also sourced from
Whitmore Marsh, which has since been extirpated. Although the refuge
population appears stable, CDFW recommends continued monitoring for
disease that may have been present in source individuals from Whitmore
Marsh and management of water quality and water levels to maintain this
population. Monitoring the genetic health of the refuge population will
also be important for understanding and managing its long-term
viability. The refugium population at WMRC represents a critical
component of Long Valley speckled dace conservation and has already
been used in translocation efforts.
Similar efforts to mitigate threats have also been initiated for
the last remaining historical population. The public swimming pool
operated by the town of Mammoth Lakes historically discharged
chlorinated water into Whitmore Marsh, possibly contributing to the
population decline occurring around 2017 (Cox, 2023, p. 1). The town
has since made changes to the way the pool is managed and operated in
order to limit the risk of introducing chlorinated water into the marsh
in the future. A storage tank was constructed in 2022 to store
discharged pool water until it can be transported off site to a sewage
treatment plant (Cox, 2023, p. 2). This effort reduces the risk of
chronic release events. In addition, the town of Mammoth Lakes has been
coordinating with the Service to develop a management plan to implement
response actions in the event of an accidental spill.
CDFW monitored the habitat at O'Harrel Canyon Creek in 2015-2016
and determined that drought did not have an effect on the creek despite
the creek's size and watershed. These factors influenced CDFW to create
a plan to translocate Long Valley speckled dace and create another wild
population to supplement the Whitmore Marsh population. CDFW collected
413 Long Valley speckled dace from the Whitmore Marsh Complex Northeast
pond refugium population on June 30, 2022. Collected Long Valley
speckled dace were transported and released at three locations within
O'Harrel Canyon Creek. Monitoring of these locations in 2023 and 2024
(Buckmaster 2023, pers. comm.; Buckmaster 2024, pers. comm.) indicated
survival and reproduction; however, multiple years of monitoring will
be needed to determine if this population successfully establishes.
Cumulative and Synergistic Effects
We note that, by using the SSA framework to guide our analysis of
the scientific information documented in the SSA report, we have
analyzed the cumulative effects of identified threats and conservation
actions on the subspecies. To assess the current and future condition
of the subspecies, we evaluate the effects of all the relevant factors
that may be influencing the subspecies, including threats and
conservation efforts. Because the SSA framework considers not just the
presence of the factors, but to what degree they collectively influence
risk to the entire subspecies, our assessment integrates the cumulative
effects of the factors and replaces a standalone cumulative-effects
analysis.
Current Condition
As mentioned previously, the Long Valley speckled dace is a narrow
endemic subspecies known from seven historical sites within the Long
Valley Caldera in Mono County, California. All but one of the seven
historical sites are now thought to be extirpated (Moyle et al. 2015,
p. 3). Because of the small spatial scale, few extant sites, limited
survey data, and localized nature of the threats, we assessed the
current conditions qualitatively by discussing rangewide factors
affecting viability and by summarizing the available demographic and
habitat information for each population. We then supplement the
demographic and habitat quality data with a threats analysis for the
extant wild population. We provide qualitative descriptions of the
factors influencing viability and summarize these influences using a
risk matrix approach to highlight major threats and their expected
impacts.
Resiliency
Of seven known historical populations of Long Valley speckled dace,
Whitmore Marsh is the sole remaining population and covers roughly
4,000-8,000 square meters (1-2 acres), based on accounts by Moyle et
al. (2015, p. 3) and Geographic Information System calculations using
satellite imagery of wetland vegetation over multiple years. In 2022, a
population was translocated to O'Harrel Canyon Creek from the refuge
population at White Mountain Research Center (Cox 2022, p. 2); however,
it is uncertain whether this population will maintain viability over
time.
The Long Valley speckled dace population in Whitmore Marsh was
discovered in 1988 (Sada 1989, p. 10). Sada (1989, p. 11) visited this
site four times between July 31 and December 12, 1988, to collect
population size and habitat quality data. The habitat was supported by
spring discharge that flowed through a chlorinated swimming pool owned
and maintained by the Town of Mammoth Lakes on Los Angeles Department
of Water and Power property. CDFW surveyed Whitmore Marsh again in 2002
and 2009, and found the population to be relatively stable. In 2011,
Long Valley speckled dace were translocated from this site to a private
pond (``Becky's Pond''), which was originally constructed in 2006. No
population estimates were recorded at the time of the 2011
translocation. Individuals from Becky's Pond were later moved to a
refuge population established at White Mountain Research Center. The
Becky's Pond population
[[Page 64861]]
was supplemented with individuals from Whitmore Marsh in 2011 and then
subsequently confirmed to be extirpated (Cox 2022, p. 2).
Low numbers at Whitmore Marsh over the past 7 years, including as
few as two individuals being observed in 2021, have been attributed to
a die-off that likely occurred in the spring of 2017. While the cause
of the population crash is unknown, there are several threats in the
area that may have led to the decline. One hypothesis is that an
unusually heavy snowpack during the previous winter may have prevented
the majority of Long Valley speckled dace from dispersing to colder
reaches of the marsh. Long Valley speckled dace concentrating near the
warm pool outlet stream could have also been exposed to chlorine from
the public swimming pool upstream that historically discharged lightly
chlorinated water into the marsh during the summer operating season. As
mentioned previously, the swimming pool no longer discharges
chlorinated water into the marsh. Other possible explanations for the
population die-off include parasites, or unprecedented winter kill (Cox
2023, pp. 1-2). Although we do not have direct population estimates,
such large decreases in the number of fish caught, suggest that the
population has experienced dramatic declines that may limit its ability
to persist.
O'Harrel Canyon Creek is a spring-fed creek situated at 2,083
meters (6,834 feet) of elevation in Mono County, California, near
Benton Crossing. This creek originates in the Glass Mountains and
terminates before reaching the Owens River. Introduced Lahontan
cutthroat trout occupy the upper 0.8 km (0.5 mi) of the creek but are
not found in the lower reaches that provide suitable habitat and water
temperature for Long Valley speckled dace.
Monitoring efforts will be used to determine success of population
establishment at O'Harrel Canyon Creek; however, heavy snowpack from
the 2022/2023 winter season prevented staff members from accessing the
site until later in 2023. Young of year were observed during that
survey and surviving adults, including gravid females were observed in
2024. The initial success is encouraging, however more data across
multiple years will be needed to determine if this population
successfully establishes. Thus, the information available for these
populations indicates that the overall resiliency for the Long Valley
speckled dace is currently low.
Representation
Representation, or adaptive capacity, is maximized in a species
with healthy populations distributed across the breadth of its
evolutionary lineages and ecological niches that is capable of moving
to new, suitable environments or capable of altering its physical or
behavioral traits (phenotypes) to match changing environmental
conditions through either plasticity or genetic change (Nicotra et al.
2015, p. 1270; Beever et al. 2016, p. 132). Although the general
speckled dace complex appears to have inherent adaptive capacity, the
Long Valley speckled dace's limited range, lack of dispersal
opportunities, and presumed small population size likely limit this
capacity for the subspecies. The wild and translocated populations of
Long Valley speckled dace are not connected hydrologically, limiting
any potential for dispersal in response to localized threats, as well
as any ability for recolonization following catastrophic events. In
addition, the lack of genetic exchange is concerning given the
population decline at Whitmore Marsh that occurred in 2017. Managing
genetic diversity both within the wild population and the translocated
population will be critical to conservation efforts for the Long Valley
speckled dace and maintenance of the subspecies' adaptive capacity.
Redundancy
The Long Valley speckled dace has lost roughly 83-99 percent of its
historical extent of occurrence. Such a dramatic reduction in range for
a narrowly distributed subspecies suggests that the Long Valley
speckled dace currently has little if any redundancy to withstand the
impact of the threats present within the Long Valley Caldera, which
have led to extirpations of six historical populations.
Summary of Current Condition
The available data suggest that the remaining historical population
has recently experienced a decline and may be persisting at extremely
low densities relative to previous surveys. The declines observed at
Whitmore Marsh are concerning because multiple threats exist on the
landscape that are not part of the historical environmental variation
experienced by this population. These are also the threats that likely
caused impacts leading to the extirpation of six of seven historical
populations of Long Valley speckled dace. The threats still posing a
high risk to the subspecies' overall viability include nonnative
species, recreation, water diversion, climate change, and small
population size effects. Reduced abundance at the Whitmore Marsh may
limit the ability of the population to withstand the synergistic
effects of multiple threats and is a concern for the viability of the
subspecies.
Any decrease in the resiliency of the Whitmore Marsh population
places a large burden on the refuge population at the White Mountain
Research Center for maintaining the viability of the subspecies.
Although the population at the White Mountain Research Center appears
to be currently stable, other populations in private/artificial ponds
have failed (Cox 2022, p. 2), and maintaining the refuge population in
more than one pond would decrease the chances of a catastrophic event
affecting this entire population. Additionally, we do not know if the
recently translocated population at O'Harrel Canyon Creek has survived
and successfully reproduced. While translocation will likely be a key
conservation action for this subspecies, evidence of successful
reproduction would be required to meaningfully increase resiliency or
redundancy across the subspecies' range.
Future Condition
As part of the SSA, we also developed several future-condition
scenarios to forecast the condition of the subspecies under different
projections of threats. We used our existing assessment of current
habitat as the starting point for our future scenarios. We then
incorporated projections of factors likely to impact the viability of
the Long Valley speckled dace into the future. Although there are
several factors that may influence the condition of the subspecies in
the future, we focused on (1) introduced species; (2) disease; (3)
grazing; (4); water diversion; (5) recreation; (6) geothermal
development; (7) climate change; and (8) effects of small population
size as the threats most likely to impact the Long Valley speckled
dace's habitat and long-term viability. Because we determined that the
current condition of the Long Valley speckled dace is consistent with
an endangered species (see Determination of Long Valley Speckled Dace's
Status, below), we are not presenting the results of the future
scenarios in this proposed rule. Please refer to the SSA report
(Service 2023, pp. 38-43) for the full analysis of future scenarios.
Determination of Long Valley Speckled Dace's Status
The Act defines the term ``species'' as including any subspecies of
fish or wildlife or plants, and any distinct
[[Page 64862]]
population segment of any species of vertebrate fish or wildlife which
interbreeds when mature (16 U.S.C. 1532(16)). Section 4 of the Act (16
U.S.C. 1533) and its implementing regulations (50 CFR part 424) set
forth the procedures for determining whether a species meets the
definition of an endangered species or a threatened species. The Act
defines an ``endangered species'' as a species in danger of extinction
throughout all or a significant portion of its range, and a
``threatened species'' as a species likely to become an endangered
species within the foreseeable future throughout all or a significant
portion of its range. The Act requires that we determine whether a
species meets the definition of an endangered species or a threatened
species because of any of the following factors: (A) The present or
threatened destruction, modification, or curtailment of its habitat or
range; (B) overutilization for commercial, recreational, scientific, or
educational purposes; (C) disease or predation; (D) the inadequacy of
existing regulatory mechanisms; or (E) other natural or manmade factors
affecting its continued existence.
Status Throughout All of Its Range
We have determined that the Long Valley speckled dace is likely
extirpated in six of seven known historical populations, with recent
declines in the only known extant population possibly caused by a
number of factors, including: impacts associated with a recreational
swimming pool (Factor E), parasites and disease (Factor C, or
unprecedented winter kill (Factor E). We anticipate that nonnative
species will pose an additional threat to the persistence of the
existing population (Factor C). Further, it is unknown whether the
recently translocated population at O'Harrel Canyon Creek will
establish and reproduce and be able to contribute to overall viability.
Representation for the subspecies is low due to limited range, lack of
dispersal opportunities between the remaining historic population and
translocated population, and small population size. Redundancy for the
Long Valley speckled dace is extremely low following the loss of
historical populations.
After evaluating threats to the subspecies and assessing the
cumulative effect of the threats under the Act's section 4(a)(1)
factors, the Long Valley speckled dace does not have sufficient
resiliency, representation, and redundancy to sustain viability. Recent
declines at the only known extant population at Whitmore Marsh likely
limit the ability of the subspecies to persist. A catastrophic event,
such as a severe storm or wildfire, affecting one or both of the
populations could result in the extinction of the subspecies. Other
threats that may impact the sole remaining historical population, and
uncertainty over the viability of the translocated population, place
the subspecies at risk of extinction. Thus, after assessing the best
available information, we determine that the Long Valley speckled dace
is in danger of extinction throughout all of its range.
Status Throughout a Significant Portion of Its Range
Under the Act and our implementing regulations, a species may
warrant listing if it is in danger of extinction or likely to become so
within the foreseeable future throughout all or a significant portion
of its range. We have determined that the Long Valley speckled dace is
in danger of extinction throughout all of its range and accordingly did
not undertake an analysis of any significant portions of its range.
Because the Long Valley speckled dace warrants listing as endangered
throughout all of its range, our determination does not conflict with
the decision in Center for Biological Diversity v. Everson, 435 F.
Supp. 3d 69 (D.D.C. 2020), because that decision related to significant
portion of the range analyses for species that warrant listing as
threatened, not endangered, throughout all of their range.
Determination of Status
Our review of the best available scientific and commercial
information indicates that the Long Valley speckled dace meets the
Act's definition of an endangered species. Therefore, we are proposing
to list the Long Valley speckled dace as an endangered species in
accordance with sections 3(6) and 4(a)(1) of the Act.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened species under the Act include recognition as a listed
species, planning and implementation of recovery actions, requirements
for Federal protection, and prohibitions against certain practices.
Recognition through listing results in public awareness, and
conservation by Federal, State, Tribal, and local agencies, foreign
governments, 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, including the Service, 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 goal of this process is to restore listed
species to a point where they are secure, self-sustaining, and
functioning components of their ecosystems.
The recovery planning process begins with development of a recovery
outline made available to the public soon after a final listing
determination. The recovery outline guides the immediate implementation
of urgent recovery actions while a recovery plan is being developed.
Recovery teams (composed of species experts, Federal and State
agencies, nongovernmental organizations, and stakeholders) may be
established to develop and implement recovery plans. The recovery
planning process involves the identification of actions that are
necessary to halt and reverse the species' decline by addressing the
threats to its survival and recovery. The recovery plan identifies
recovery criteria for review of when a species may be ready for
reclassification from endangered to threatened (``downlisting'') or
removal from protected status (``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. Revisions of the plan may
be done to address continuing or new threats to the species, as new
substantive information becomes available. The recovery outline, draft
recovery plan, final recovery plan, and any revisions will be available
on our website as they are completed (<a href="https://www.fws.gov/program/endangered-species">https://www.fws.gov/program/endangered-species</a>), or from our Reno Fish and Wildlife 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
[[Page 64863]]
outreach and education. The recovery of many listed species cannot be
accomplished solely on Federal lands because their ranges 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 the Long Valley speckled dace 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 California
would be eligible for Federal funds to implement management actions
that promote the protection or recovery of the Long Valley speckled
dace. Information on our grant programs that are available to aid
species recovery can be found at: <a href="https://www.fws.gov/service/financial-assistance">https://www.fws.gov/service/financial-assistance</a>.
Although the Long Valley speckled dace 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 subspecies. Additionally, we
invite you to submit any new information on this subspecies whenever it
becomes available and any information you may have for recovery
planning purposes (see FOR FURTHER INFORMATION CONTACT).
Section 7 of the Act is titled Interagency Cooperation, and it
mandates all Federal action agencies to use their existing authorities
to further the conservation purposes of the Act and to ensure that
their actions are not likely to jeopardize the continued existence of
listed species or adversely modify critical habitat. Regulations
implementing section 7 are codified at 50 CFR part 402.
Section 7(a)(2) states that each Federal action agency shall, in
consultation with the Secretary, ensure that any action they authorize,
fund, or carry out is not likely to jeopardize the continued existence
of a listed species or result in the destruction or adverse
modification of designated critical habitat. Each Federal agency shall
review its action at the earliest possible time to determine whether it
may affect listed species or critical habitat. If a determination is
made that the action may affect listed species or critical habitat,
formal consultation is required (50 CFR 402.14(a)), unless the Service
concurs in writing that the action is not likely to adversely affect
listed species or critical habitat. At the end of a formal
consultation, the Service issues a biological opinion, containing its
determination of whether the Federal action is likely to result in
jeopardy or adverse modification.
In contrast, section 7(a)(4) of the Act requires Federal agencies
to confer with the Service on any action which is likely to jeopardize
the continued existence of any species proposed to be listed under the
Act or result in the destruction or adverse modification of critical
habitat proposed to be designated for such species. Although the
conference procedures are required only when an action is likely to
result in jeopardy or adverse modification, action agencies may
voluntarily confer with the Service on actions that may affect species
proposed for listing or critical habitat proposed to be designated. In
the event that the subject species is listed or the relevant critical
habitat is designated, a conference opinion may be adopted as a
biological opinion and serve as compliance with section 7(a)(2) of the
Act.
Examples of discretionary actions for the Long Valley speckled dace
that may be subject to conference and consultation procedures under
section 7 of the Act are land management or other landscape-altering
activities on Federal lands administered by the U.S. Forest Service and
Bureau of Land Management, as well as actions on State, Tribal, local,
or private lands that require a Federal permit (such as a permit from
the U.S. Army Corps of Engineers under section 404 of the Clean Water
Act (33 U.S.C. 1251 et seq.) or a permit from the Service under section
10 of the Act) or that involve some other Federal action (such as
funding from the Federal Highway Administration, Federal Aviation
Administration, or the Federal Emergency Management Agency). Federal
actions not affecting listed species or critical habitat--and actions
on State, Tribal, local, or private lands that are not federally
funded, authorized, or carried out by a Federal agency--do not require
section 7 consultation. Federal agencies should coordinate with the
Reno Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT)
with any specific questions on section 7 consultation and conference
requirements.
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 commit, to attempt to commit, to solicit another
to commit, or to cause to be committed any of the following acts with
regard to endangered wildlife: (1) import into, or export from, the
United States; (2) take (which includes harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect, or to attempt to engage
in any such conduct) within the United States, within the territorial
sea of the United States, or on the high seas; (3) possess, sell,
deliver, carry, transport, or ship, by any means whatsoever, any such
wildlife that has been taken illegally; (4) deliver, receive, carry,
transport, or ship in interstate or foreign commerce, by any means
whatsoever and in the course of commercial activity; or (5) sell or
offer for sale in interstate or foreign commerce. Certain exceptions to
these prohibitions apply to employees or agents 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 for endangered wildlife are codified at 50 CFR 17.22
and general Service permitting regulations are codified at 50 CFR part
13. With regard to endangered wildlife, a permit may be issued: for
scientific purposes, for enhancing the propagation or survival of the
species, or for take incidental to otherwise lawful activities. The
statute also contains certain exemptions from the prohibitions, which
are found in sections 9 and 10 of the Act.
II. Critical Habitat
Background
Critical habitat is defined in section 3 of the Act as:
(1) The specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the Act, on which
are found those physical or biological features
(a) Essential to the conservation of the species, and
(b) Which may require special management considerations or
protection; and
(2) Specific areas outside the geographical area occupied by the
species at the time it is listed, upon a determination that such areas
are essential for the conservation of the species.
Our regulations at 50 CFR 424.02 define the geographical area
occupied by the species as an area that may generally be delineated
around species' occurrences, as determined by the Secretary (i.e.,
range). Such areas may include those areas used throughout all
[[Page 64864]]
or part of the species' life cycle, even if not used on a regular basis
(e.g., migratory corridors, seasonal habitats, and habitats used
periodically, but not solely by vagrant individuals).
Conservation, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided pursuant to the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the requirement that each Federal action agency ensure, in
consultation with the Service, that any action they authorize, fund, or
carry out is not likely to result in the destruction or adverse
modification of designated critical habitat. The designation of
critical habitat does not affect land ownership or establish a refuge,
wilderness, reserve, preserve, or other conservation area. Such
designation also does not allow the government or public to access
private lands. Such designation does not require implementation of
restoration, recovery, or enhancement measures by non-Federal
landowners. Rather, designation requires that, where a landowner
requests Federal agency funding or authorization for an action that may
affect an area designated as critical habitat, the Federal agency
consult with the Service under section 7(a)(2) of the Act. If the
action may affect the listed species itself (such as for occupied
critical habitat), the Federal agency would have already been required
to consult with the Service even absent the designation because of the
requirement to ensure that the action is not likely to jeopardize the
continued existence of the species. Even if the Service were to
conclude after consultation that the proposed activity is likely to
result in destruction or adverse modification of the critical habitat,
the Federal action agency and the landowner are not required to abandon
the proposed activity, or to restore or recover the species; instead,
they must implement ``reasonable and prudent alternatives'' to avoid
destruction or adverse modification of critical habitat.
Under the first prong of the Act's definition of critical habitat,
areas within the geographical area occupied by the species at the time
it was listed are included in a critical habitat designation if they
contain physical or biological features (1) which are essential to the
conservation of the species and (2) which may require special
management considerations or protection. For these areas, critical
habitat designations identify, to the extent known using the best
scientific data available, those physical or biological features that
are essential to the conservation of the species (such as space, food,
cover, and protected habitat).
Under the second prong of the Act's definition of critical habitat,
we can designate critical habitat in areas outside the geographical
area occupied by the species at the time it is listed, upon a
determination that such areas are essential for the conservation of the
species.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific data available. Further, our Policy on
Information Standards Under the Endangered Species Act (published in
the Federal Register on July 1, 1994 (59 FR 34271)), the Information
Quality Act (section 515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)),
and our associated Information Quality Guidelines provide criteria,
establish procedures, and provide guidance to ensure that our decisions
are based on the best scientific data available. They require our
biologists, to the extent consistent with the Act and with the use of
the best scientific data available, to use primary and original sources
of information as the basis for recommendations to designate critical
habitat.
When we are determining which areas should be designated as
critical habitat, our primary source of information is generally the
information from the SSA report and information developed during the
listing process for the species. Additional information sources may
include any generalized conservation strategy, criteria, or outline
that may have been developed for the species; the recovery plan for the
species; articles in peer-reviewed journals; conservation plans
developed by States and counties; scientific status surveys and
studies; biological assessments; other unpublished materials; or
experts' opinions or personal knowledge.
Habitat is dynamic, and species may move from one area to another
over time. We recognize that critical habitat designated at a
particular point in time may not include all of the habitat areas that
we may later determine are necessary for the recovery of the species.
For these reasons, a critical habitat designation does not signal that
habitat outside the designated area is unimportant or may not be needed
for recovery of the species. Areas that are important to the
conservation of the species, both inside and outside the critical
habitat designation, will continue to be subject to: (1) Conservation
actions implemented under section 7(a)(1) of the Act; (2) regulatory
protections afforded by the requirement in section 7(a)(2) of the Act
for Federal agencies to ensure their actions are not likely to
jeopardize the continued existence of any endangered or threatened
species; and (3) the prohibitions found in section 9 of the Act.
Federally funded or permitted projects affecting listed species outside
their designated critical habitat areas may still result in jeopardy
findings in some cases. These protections and conservation tools will
continue to contribute to recovery of the species. Similarly, critical
habitat designations made on the basis of the best available
information at the time of designation will not control the direction
and substance of future recovery plans, habitat conservation plans, or
other species conservation planning efforts if new information
available at the time of those planning efforts calls for a different
outcome.
Critical Habitat Determinability
Our regulations at 50 CFR 424.12(a)(2) state that critical habitat
is not determinable when one or both of the following situations exist:
(i) Data sufficient to perform required analyses are lacking, or
(ii) The biological needs of the species are not sufficiently well
known to identify any area that meets the definition of ``critical
habitat.''
When critical habitat is not determinable, the Act allows the
Service an additional year to publish a critical habitat designation
(16 U.S.C. 1533(b)(6)(C)(ii)).
We reviewed the available information pertaining to the biological
needs of the Long Valley speckled dace and habitat characteristics
where this subspecies is located. A careful assessment of the economic
impacts that may occur due to a critical habitat designation is still
ongoing, and we are in the process of acquiring the complex information
needed to perform that assessment. Therefore, due to the current lack
of data sufficient to perform
[[Page 64865]]
required analyses, we conclude that the designation of critical habitat
for the Long Valley speckled dace is not determinable at this time.
Required Determinations
Clarity of the Rule
We are required by E.O.s 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.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951, May 4, 1994), E.O. 13175 (Consultation and
Coordination with Indian Tribal Governments), the President's
memorandum of November 30, 2022 (Uniform Standards for Tribal
Consultation; 87 FR 74479, December 5, 2022), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with federally recognized
Tribes and Alaska Native Corporations (ANCs) on a government-to-
government basis. In accordance with Secretary's Order 3206 of June 5,
1997 (American Indian Tribal Rights, Federal-Tribal Trust
Responsibilities, and the Endangered Species Act), we readily
acknowledge our responsibilities to work directly with Tribes in
developing programs for healthy ecosystems, to acknowledge that Tribal
lands are not subject to the same controls as Federal public lands, to
remain sensitive to Indian culture, and to make information available
to Tribes. We will continue to coordinate with Tribal entities
throughout the rulemaking process to list the Long Valley speckled dace
as an endangered species.
References Cited
A complete list of references cited in this rulemaking is available
on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and upon request from
the Reno Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT).
Authors
The primary authors of this proposed rule are the staff members of
the Fish and Wildlife Service's Species Assessment Team and the Reno
Fish and Wildlife Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Plants,
Reporting and recordkeeping requirements, Transportation, Wildlife.
Proposed Regulation Promulgation
Accordingly, FWS proposes 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. In Sec. 17.11, in paragraph (h), amend the List of Endangered and
Threatened Wildlife by adding an entry for ``Dace, Long Valley
speckled'' in alphabetical order under FISHES to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations and
Common name Scientific name Where listed Status applicable rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
FISHES
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Dace, Long Valley speckled...... Rhinichthys Wherever found..... E [Federal Register
nevadensis caldera. citation when
published as a final
rule].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-17249 Filed 8-7-24; 8:45 am]
BILLING CODE 4333-15-P
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</html>Indexed from Federal Register on August 8, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.