Proposed Rule2025-03671
Endangered and Threatened Wildlife and Plants; 12-Month Not-Warranted Finding for the Spinytail Crayfish
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Published
March 11, 2025
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the spinytail crayfish (Procambarus fitzpatricki) as an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). The spinytail crayfish is a small, burrowing freshwater crayfish endemic to southern Mississippi. After a thorough review of the best available scientific and commercial information, we find that listing the spinytail crayfish as an endangered or threatened species is not warranted at this time. However, we ask the public to submit to us at any time any new information relevant to the status of the spinytail crayfish or its habitat.
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<title>Federal Register, Volume 90 Issue 46 (Tuesday, March 11, 2025)</title>
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[Federal Register Volume 90, Number 46 (Tuesday, March 11, 2025)]
[Proposed Rules]
[Pages 11696-11698]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03671]
[[Page 11696]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2024-0146; FXES1111090FEDR-256-FF09E21000]
Endangered and Threatened Wildlife and Plants; 12-Month Not-
Warranted Finding for the Spinytail Crayfish
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of finding.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
12-month finding on a petition to list the spinytail crayfish
(Procambarus fitzpatricki) as an endangered or threatened species under
the Endangered Species Act of 1973, as amended (Act). The spinytail
crayfish is a small, burrowing freshwater crayfish endemic to southern
Mississippi. After a thorough review of the best available scientific
and commercial information, we find that listing the spinytail crayfish
as an endangered or threatened species is not warranted at this time.
However, we ask the public to submit to us at any time any new
information relevant to the status of the spinytail crayfish or its
habitat.
DATES: The finding in this document was made on March 11, 2025.
ADDRESSES: A detailed description of the basis for this finding is
available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket
No. FWS-R4-ES-2024-0146. Supporting information used to prepare this
finding is also available for public inspection, by appointment, during
normal business hours at the Mississippi Ecological Services Office.
Please submit any new information, materials, comments, or questions
concerning this finding to the person listed under FOR FURTHER
INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: James Austin, Field Supervisor,
Mississippi Ecological Services Field Office, 601-540-2576,
<a href="/cdn-cgi/l/email-protection#c4aea5a9a1b79ba5b1b7b0adaa84a2b3b7eaa3abb2"><span class="__cf_email__" data-cfemail="462c272b233519273335322f280620313568212930">[email protected]</span></a>. 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.
SUPPLEMENTARY INFORMATION:
Background
Under section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), we
are required to make a finding on whether or not a petitioned action is
warranted within 12 months after receiving any petition that we have
determined contains substantial scientific or commercial information
indicating that the petitioned action may be warranted (``12-month
finding''). We must make a finding that the petitioned action is: (1)
Not warranted; (2) warranted; or (3) warranted, but precluded by other
listing activity. We must publish a notification of the 12-month
finding in the Federal Register.
Summary of Information Pertaining to the Five Factors
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations at part 424 of title 50 of the Code of Federal Regulations
(50 CFR part 424) set forth procedures for adding species to, removing
species from, or reclassifying species on the Lists of Endangered and
Threatened Wildlife and Plants (Lists). The Act defines ``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. 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 <a href="https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/M-37021.pdf">https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/M-37021.pdf</a>).
The foreseeable future extends as far into the future as the U.S. Fish
and Wildlife Service and National Marine Fisheries Service 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
[[Page 11697]]
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.
In conducting our evaluation of the five factors provided in
section 4(a)(1) of the Act to determine whether the spinytail crayfish
meets the Act's definition of an ``endangered species'' or a
``threatened species,'' we considered and thoroughly evaluated the best
scientific and commercial information available regarding the past,
present, and future stressors and threats. We reviewed the petition,
information available in our files, and other available published and
unpublished information for the species. Our evaluation may include
information from recognized experts; Federal, State, and Tribal
governments; academic institutions; foreign governments; private
entities; and other members of the public.
In accordance with the regulations at 50 CFR 424.14(h)(2)(i), this
document announces the not-warranted finding on a petition to list the
spinytail crayfish. We have also elected to include a brief summary of
the analysis on which this finding is based. We provide the full
analysis, including the reasons and data on which the finding is based,
in the decisional file for the spinytail crayfish. The following is a
description of the documents containing this analysis.
The species assessment form for the spinytail crayfish contains
more detailed biological information, a thorough analysis of the
listing factors, a list of literature cited, and an explanation of why
we determined that the species does not meet the Act's definition of an
``endangered species'' or a ``threatened species.'' To inform our
status review, we completed a species status assessment (SSA) report
for the species. The SSA report contains a thorough review of the
taxonomy, life history, ecology, current status, and projected future
status for the spinytail crayfish. This supporting information can be
found on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under the Docket
No. FWS-R4-ES-2024-0146.
Previous Federal Actions
On April 20, 2010, we received a petition from the Center for
Biological Diversity, Alabama Rivers Alliance, Clinch Coalition,
Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council,
and West Virginia Highlands to list 404 aquatic, riparian, and wetland
species, including the spinytail crayfish, as endangered or threatened
species under the Act. On September 27, 2011, we published a 90-day
finding (76 FR 59836) that the petition contained substantial
information indicating listing may be warranted for the species. This
document constitutes our 12-month finding on the April 20, 2010,
petition to list the spinytail crayfish under the Act.
Summary of Finding
The spinytail crayfish is a small (approximately 1.67 inches (4.24
centimeters) in length) burrowing crayfish species that can be
differentiated from other crayfishes through rostral (a stiff beaklike
projection on the head), claw, hook, and carapace morphology. The
species is a narrow-ranging endemic to southern Mississippi; its range
is restricted to areas between the Wolf River (to the west) and
Pascagoula River (to the east). The distribution of the species is
within Forrest, George, Jackson, Pearl River, Perry, and Stone
Counties, Mississippi. The spinytail crayfish occupies a wide range of
environments, including wet pine savannas and pitcher plant bogs,
roadside ditches and other developed/disturbed settings, as well as in
shallow ephemeral/seasonal waterbodies. Of the 29 known populations of
spinytail crayfish, there are 18 current populations and 11 historical
populations. Observations across a wide array of open, wet, grassy
areas suggests the species occupies differing habitats with similar
structural condition (open canopy with low-statured, herbaceous
vegetation) within the broader matrix of land cover(s) that dominate
the ecoregions within which it occurs (Gulf Coast Flatwoods; Southern
Pine Plains and Hills; Barrier Islands and Coastal Marshes; and
Floodplains and Low Terraces). Ephemeral wetlands lacking fish
predators are also a universal aspect of the species' habitat.
Habitat elements that support a stable environment important to an
individual spinytail crayfish are divided into two ecological
conditions--within the burrow and outside of the burrow. A stable
environment is defined herein as a burrow and surrounding habitat
(i.e., pitcher plant bogs) that have the ability to support life
history functions within a natural range of variation. Elements inside
the burrow habitat include sufficient water, soil moisture, and ambient
temperature to prevent desiccation and to support egg incubation and
post-embryonic development; dissolved oxygen content adequate to
support crayfish respiration or access to air/water interface to
prevent gills from drying out; water quality suitable for survival, and
sufficient food sources. Important elements outside of the burrow
habitat include all the above plus the presence of shallow, ephemeral
waterbodies to serve as nursery and foraging habitat. In addition,
substrate composition in both environments is an important component
since burrowing crayfish depend on relatively fine substrate particles
(e.g., silt, sand, clay) that enhance the ease of burrowing to provide
shelter and cover from predators, and to engineer chimney structures to
facilitate burrow ventilation. Collectively, these elements allow for
spinytail crayfish to have sufficient food and shelter resources to
grow, reach maturity, and reproduce. For populations to be resilient,
they need healthy demography (i.e., stable or positive growth rates of
individuals of both sexes), sufficient functional connectivity of
physical habitats to allow for gene flow among subpopulations,
successful dispersal opportunity (physical connectivity between
suitable habitat) and dispersal ability (species vagility, or ability
to move), and sufficient habitat quality and quantity to support
healthy individuals.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the spinytail crayfish, and we evaluated all relevant factors under
the five listing factors, including any regulatory mechanisms and
conservation measures addressing these threats. The primary threats
affecting the spinytail crayfish's biological status now and in the
foreseeable future include habitat modification from development and
climate change (particularly associated with potential future changes
to hydrology), including sea level rise (SLR).
After evaluating threats to the species and assessing the
cumulative effect of the threats under the section 4(a)(1) factors, our
analysis indicates effects of drought and contemporary land uses (e.g.,
agriculture, urbanization, development) are not currently affecting
populations and thus do not pose an imminent threat to the species. The
18 moderately to highly resilient spinytail crayfish populations are
distributed across the known range of the species. Thirteen of these
resilient populations were recently discovered, and the known range of
the species has expanded since 2017. While this
[[Page 11698]]
species' range is restricted because it is a narrow endemic (thus
catastrophes pose an inherent risk to the species), threats are not of
a magnitude to have large impacts on the species. Furthermore, we do
not anticipate changes in the magnitude or frequency or type of
catastrophic events such as extreme drought; therefore, the number and
distribution of sufficiently resilient populations are likely to
continue to enable the species to withstand catastrophic events.
The adaptive capacity evaluation suggests that the species' current
representation, while naturally low because it is a narrow endemic, has
not been diminished from historical representation (i.e., through range
contraction or extirpation of populations). The spinytail crayfish has
high estimated viability across its narrow range. The current condition
analysis indicates that the ``3Rs''--resiliency, representation, and
redundancy--are sufficient to support the overall viability of the
species. Thus, after assessing the best available information, we
conclude that the spinytail crayfish is not in danger of extinction
throughout all of its range.
Our analyses using projections 20 to 40 years into the future,
representing high and low landscape suitability, indicate that
conditions are not expected to decline to a level where the species'
viability is impacted. Even a changing climate is not expected to pose
increased risks in the future, and environmental conditions are
expected to continue to meet life history requirements. Thus, in a
foreseeable future of up to 40 years, we can make reasonable
predictions that the spinytail crayfish will not be affected
significantly by the threat of development or a changing climate. Best
available future SLR projections even beyond our future scenario
timeframes indicate that one population will have between 8 and 20
percent of its habitat area inundated by 2100, while another population
will have 1.7-4.2 percent of its habitat area inundated by 2100 (see
Chapter 5 of the SSA Report, pp. 41-49). Due to spinytail crayfish
having some potential tolerance to salinity and the small areas of each
population's habitat that could potentially be inundated, we do not
expect SLR to result in population-level extirpation.
Given the species' current condition and the lack of threats that
the species is expected to experience under future scenarios over the
next 40 years, no reductions in resilience, redundancy, or
representation are anticipated, and viability is expected to be
maintained in the future. The results of our analyses highlight that
spinytail crayfish exhibits a high degree of resistance to disturbance,
indicating the species has a low susceptibility to threats and a high
degree of stability. After assessing the best available information, we
conclude that the spinytail crayfish is not likely to become endangered
within the foreseeable future throughout all of its range.
For the spinytail crayfish, we considered whether the threats or
their effects on the species are greater in any portion of the species'
range than in other portions such that the species is in danger of
extinction now or likely to become so within the foreseeable future in
that portion. We examined the following threats: habitat modification
from development, climate change and projected SLR, including
cumulative effects. As discussed in our rangewide analysis, these
threats are not posing an imminent threat to the species anywhere
within the range. Additionally, we found that these threats are not
disproportionately affecting the spinytail crayfish in any portion of
its range. All populations have high to moderate resiliency in the near
term and are distributed such that the species is at low risk from
catastrophic events such as severe drought. Therefore, we found no
portion of the spinytail crayfish's range where the biological
condition of the species differs from its condition elsewhere in its
range such that the status of the species in that portion differs from
its status in any other portion of the species' range. As a result of
our finding that the spinytail crayfish is not in danger of extinction
or likely to become so within the foreseeable future throughout any
portion of its range, we do not need to determine whether any portion
of its range is ``significant.'' Therefore, no portion of the species'
range provides a basis for determining that the species is in danger of
extinction or likely to become so within the foreseeable future
throughout a significant portion of its range.
After assessing the best available information, we concluded that
the spinytail crayfish is not in danger of extinction or likely to
become in danger of extinction within the foreseeable future throughout
all of its range or in any significant portion of its range. Therefore,
we find that listing the spinytail crayfish as an endangered species or
threatened species under the Act is not warranted. A detailed
discussion of the basis for this finding can be found in the spinytail
crayfish species assessment form, SSA report, and other supporting
documents on <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R4-ES-
2024-0146 (see ADDRESSES, above).
Peer Review
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 actions under the Act, we solicited independent scientific
reviews of the information contained in the spinytail crayfish SSA
report. We sent the SSA report to six independent peer reviewers and
received three responses. Results of this structured peer review
process can be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No.
FWS-R4-ES-2024-0146. We incorporated the results of these reviews, as
appropriate, into the SSA report, which is the foundation for this
finding.
New Information
We request that you submit any new information concerning the
taxonomy of, biology of, ecology of, status of, or stressors to the
spinytail crayfish to the person specified above under FOR FURTHER
INFORMATION CONTACT, whenever it becomes available. New information
will help us monitor the species and make appropriate decisions about
its conservation and status. We encourage local agencies and
stakeholders to continue cooperative monitoring and conservation
efforts.
References
A complete list of the references used in this petition finding is
available in the species assessment form, which is available on the
internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R4-ES-
2024-0146 (see ADDRESSES, above) and upon request from the field office
(see FOR FURTHER INFORMATION CONTACT, above).
Authors
The primary authors of this document are the staff members of the
Species Assessment Team, Ecological Services Program.
Authority
The authority for this action is section 4 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Paul Souza,
Regional Director, Region 8, Exercising the Delegated Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2025-03671 Filed 3-10-25; 8:45 am]
BILLING CODE 4333-15-P
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