Proposed Rule2025-16933
Endangered and Threatened Wildlife and Plants; Five Species Not Warranted for Listing as Endangered or Threatened Species
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 4, 2025
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), announce findings that five species are not warranted for listing as endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial data available, we find that it is not warranted at this time to list the Jackson Prairie crayfish (Procambarus barbiger), Ozark shiner (Notropis ozarcanus), speckled burrowing crayfish (Creaserinus danielae), spiny scale crayfish (Cambarus jezerinaci), and spotted turtle (Clemmys guttata). However, we ask the public to submit to us at any time any new information relevant to the status of any of the species mentioned above or their habitats.
Full Text
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[Federal Register Volume 90, Number 169 (Thursday, September 4, 2025)]
[Proposed Rules]
[Pages 42725-42734]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16933]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FXES1111090FEDR-256-FF09E21000]
Endangered and Threatened Wildlife and Plants; Five Species Not
Warranted for Listing as Endangered or Threatened Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of findings.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce
findings that five species are not warranted for listing as endangered
or threatened species under the Endangered Species Act of 1973, as
amended (Act). After a thorough review of the best available scientific
and commercial data available, we find that it is not warranted at this
time to list the Jackson Prairie crayfish (Procambarus barbiger), Ozark
shiner (Notropis ozarcanus), speckled burrowing crayfish (Creaserinus
danielae), spiny scale crayfish (Cambarus jezerinaci), and spotted
turtle (Clemmys guttata). However, we ask the public to submit to us at
any time any new information relevant to the status of any of the
species mentioned above or their habitats.
DATES: The findings in this document were made on September 4, 2025.
ADDRESSES: Detailed descriptions of the bases for these findings are
available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under the
following docket numbers:
------------------------------------------------------------------------
Species Docket No.
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Jackson Prairie crayfish..................... FWS-R4-ES-2025-0341
Ozark shiner................................. FWS-R4-ES-2025-0342
Speckled burrowing crayfish.................. FWS-R4-ES-2025-0343
Spiny scale crayfish......................... FWS-R5-ES-2025-0344
Spotted turtle............................... FWS-R5-ES-2024-0108
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Those descriptions are also available by contacting the appropriate
person, as specified under FOR FURTHER INFORMATION CONTACT. Please
submit any new information, materials, comments, or questions
concerning these findings to the appropriate person, as specified under
FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
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Species Contact information
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Jackson Prairie crayfish & James Austin, Field Office Supervisor,
speckled burrowing crayfish. Mississippi Ecological Services Field
Office, 601-540-2576,
<a href="/cdn-cgi/l/email-protection#3e545f535b4d615f4b4d4a57507e58494d10595148"><span class="__cf_email__" data-cfemail="284249454d5b77495d5b5c4146684e5f5b064f475e">[email protected]</span></a>.
Ozark shiner................. Jason Hight, Field Supervisor, Arkansas
Ecological Services Field Office, 501-
513-4473, <a href="/cdn-cgi/l/email-protection#056f64766a6b5a6d6c626d71456372762b626a73"><span class="__cf_email__" data-cfemail="177d76647879487f7e707f635771606439707861">[email protected]</span></a>.
Spiny scale crayfish......... Troy Andersen, Field Office Supervisor,
Virginia Ecological Services Field
Office, 804-728-0695,
<a href="/cdn-cgi/l/email-protection#daaea8b5a385bbb4bebfa8a9bfb49abcada9f4bdb5ac"><span class="__cf_email__" data-cfemail="d8acaab7a187b9b6bcbdaaabbdb698beafabf6bfb7ae">[email protected]</span></a>.
[[Page 42726]]
Spotted turtle............... Genevieve LaRouche, Field Supervisor,
Chesapeake Bay Field Office, 410-573-
4573, <a href="/cdn-cgi/l/email-protection#d5b2b0bbb0a3bcb0a3b08ab9b4a7baa0b6bdb095b3a2a6fbb2baa3"><span class="__cf_email__" data-cfemail="6f080a010a19060a190a30030e1d001a0c070a2f09181c41080019">[email protected]</span></a>.
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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. 1533(b)(3)(B)), 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 these 12-month
findings 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 (16 U.S.C. 1532(6)) 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 (16 U.S.C. 1532(20)). Under section
4(a)(1) of the Act, the Secretary of the Interior (Secretary) may
determine whether any species is an endangered species or a threatened
species because of any of the following 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.
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
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 Jackson Prairie
crayfish, Ozark shiner, speckled burrowing crayfish, spiny scale
crayfish, and spotted turtle meet the Act's definition of an
``endangered species'' or a ``threatened species,'' we considered and
thoroughly evaluated the best scientific and commercial data 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.
[[Page 42727]]
In accordance with 50 CFR 424.14(h)(2)(i), this document announces
the not-warranted findings on petitions to list the five species. We
have also elected to include brief summaries of the analyses on which
these findings are based. We provide the full analyses, including the
reasons and data on which the findings are based, in the decisional
file for each of the actions included in this document. Below, we
describe the documents containing these analyses.
The species assessment forms for the Jackson Prairie crayfish,
Ozark shiner, speckled burrowing crayfish, spiny scale crayfish, and
spotted turtle each contain more detailed biological information, a
thorough analysis of the listing factors, a list of literature cited,
and an explanation of why we determined that these species do not meet
the Act's definition of an ``endangered species'' or a ``threatened
species.'' To inform our status reviews, we completed species status
assessment (SSA) reports for these five species. Each SSA report
contains a thorough review of the taxonomy, life history, ecology,
current status, and projected future status for each species. This
supporting information can be found on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under the appropriate docket number (see ADDRESSES,
above).
Jackson Prairie Crayfish
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 Conservancy to list 404 aquatic, riparian,
and wetland species, including Jackson Prairie crayfish (Procambarus
barbiger), as an 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 scientific or commercial information
indicating listing may be warranted for the species. This document
constitutes our 12-month finding on the April 20, 2010, petition to
list Jackson Prairie crayfish under the Act.
Summary of Finding
The Jackson Prairie crayfish is a small (approximately 1.4 inches
(3.6 centimeters) in length), primarily 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 confined primarily to the
Jackson and Blackland Prairie ecoregions of south-central Mississippi
and extreme western Alabama, although there is some uncertainty about
the validity of the Alabama records as potential misidentifications.
The distribution of the species is within Scott, Rankin, Smith, Jasper,
Newton, and Lauderdale Counties in Mississippi and Sumter County in
Alabama. Occurrences noted from Perry County, Mississippi, were
determined to be erroneous and are not included in our analysis.
The Jackson Prairie crayfish occupies a wide range of environments,
including upland prairies, old prairie remnants, and grassland
openings; wet roadside ditches; mown utility rights-of-way (i.e., parts
of private lands designated for use by public utility, such as a road,
railway, pipeline, or powerline); pastures and managed hayfields;
sparsely wooded upland lawns and other managed suburban landscapes
(e.g., gardens); grassy habitats at/adjacent to the forest edge (up to
approximately 50 meters); and occasionally on trails within wooded
areas that are isolated from permanent water sources. Of the 21
analyzed populations of Jackson Prairie crayfish, there are 9 post-2014
(``current'') populations and 12 pre-2014 (``historical'') populations.
Note, the pre-2014/''historical'' designation does not indicate that
these populations no longer exist; most of the historical locations
have not been surveyed during recent efforts. We also note that 2025
surveys have discovered 32 additional populations; these populations
were discovered after analyses had been completed, and thus, we did not
analyze those populations in the SSA report, which we finalized in
2024. Based on the short lifespans (approximately 3-5 years) and
generation times of burrowing crayfish, we used 2014 as the cutoff
between historical and current timeframes. Observations across a wide
array of open, wet, grassy areas suggests the Jackson Prairie crayfish
occupies differing habitats with similar structural condition (i.e.,
open-canopy with low-statured, herbaceous vegetation) within the
broader matrix of land covers that dominate the ecoregions within which
it occurs.
Habitat elements that support a stable environment important to an
individual Jackson Prairie 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
(e.g., ephemeral waterbody, wetland) 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 of the aforementioned elements as well
as the presence of shallow, ephemeral waterbodies to serve as nursery
and foraging habitat. In addition, substrate composition in both
environments is an important component because 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 Jackson Prairie
crayfish to have sufficient food and shelter resources to grow, reach
maturity, and reproduce. For populations to maintain resiliency, 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 (i.e., physical connectivity between
suitable habitat) and dispersal ability (i.e., 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 data
available regarding the past, present, and future threats to the
Jackson Prairie crayfish. We evaluated all relevant factors under the
Act's five listing factors, including any regulatory mechanisms and
conservation measures addressing these threats. The primary threats
affecting the Jackson Prairie crayfish's biological status now and in
the foreseeable future include habitat modification from development
and row crop agriculture, and drought.
We first assessed whether the Jackson Prairie crayfish is in danger
of extinction throughout all of its range. Our analysis indicates that
effects of drought and contemporary land uses (e.g., agriculture,
urbanization, development) are not currently affecting the species at a
population level and thus do not pose an imminent threat to the
species. While the species' range is
[[Page 42728]]
restricted because it is a narrow endemic, threats are not of a
magnitude to have impacts on the species' viability. Furthermore, the
21 moderately-to-highly resilient Jackson Prairie crayfish populations
are distributed across the known range of the species. Thus, the number
and distribution of populations are likely to continue to enable the
species to withstand catastrophic events, and we do not anticipate
changes in the species' response to catastrophic events such as
drought. 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). Thus, the
Jackson Prairie crayfish has high estimated viability across its narrow
range. After assessing the best scientific and commercial data
available, we conclude that the Jackson Prairie crayfish is not in
danger of extinction throughout all of its range.
Our analyses using projections from two future scenarios at 2040
and 2060, representing high and low landscape suitability based on
potential changes in development and agriculture, indicate that
conditions will be mostly static and thus are not expected to decline
to a level where the species' viability will be impacted. Regarding the
effects of drought (e.g., precipitation and temperature), we anticipate
minimal impacts on the species and therefore do not expect any
population-level extirpations out to 2069. Thus, in a foreseeable
future of approximately 45 years, we can make reasonable predictions
that the Jackson Prairie crayfish viability will not be affected by the
threat of development, row crop agriculture, or drought.
Given the species' current condition and the lack of threats that
the species is expected to experience under future scenarios over the
next 45 years, negligible reductions in resilience, redundancy, or
representation are anticipated, and viability is expected to be
maintained in the future. Under both future scenarios and timesteps
analyzed, all current populations and nearly all pre-2014 populations
are projected to be in high or moderate resiliency condition. Thus, the
overall estimate of the future viability of Jackson Prairie crayfish is
high across the majority of its geographic range. While not analyzed,
the 32 newly discovered populations indicate further redundancy across
the range. The results of our analyses highlight that Jackson Prairie
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 scientific and commercial
data available, we conclude that the Jackson Prairie crayfish is not
likely to become endangered within the foreseeable future throughout
all of its range.
We also evaluated whether the Jackson Prairie crayfish is
endangered or threatened throughout a significant portion of its range.
We did not find any portion of the Jackson Prairie crayfish's range for
which both (1) the portion is ``significant,'' and (2) the species is
in danger of extinction in that portion or likely to become so within
the foreseeable future. We found that threats are not
disproportionately affecting the Jackson Prairie crayfish in any
portion of its range and we found no portion of the Jackson Prairie
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 either in the near term or within the foreseeable
future. Thus, after assessing the best scientific and commercial data
available, we conclude that the Jackson Prairie crayfish is not in
danger of extinction throughout a significant portion of its range or
likely to become so within the foreseeable future.
Based on the best scientific and commercial data available, we
determine that the Jackson Prairie crayfish does not meet the
definition of an endangered species or a threatened species in
accordance with sections 3(6) and 3(20) of the Act. Therefore, we find
that listing the Jackson Prairie crayfish is not warranted at this
time. A detailed discussion of the basis for this finding can be found
in the Jackson Prairie 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-2025-0341 (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 SSA report for the Jackson
Prairie crayfish. We sent the SSA report to seven independent peer
reviewers and received two 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-2025-0341. We incorporated the results of these reviews,
as appropriate, into the SSA report, which is the foundation for this
finding.
Ozark Shiner
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 Ozark shiner (Notropis ozarcanus), 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 Ozark shiner under the Act.
Summary of Finding
The Ozark shiner is a fish endemic to the Ozark Plateaus
Physiographic Province (i.e., the ``Ozarks'') in northern Arkansas and
southern Missouri, where it occurs in the drainages of the White,
Black, and St. Francis River. The Ozark shiner is slender-bodied, pale
yellow, with silver sides containing a dusky stripe, and a silvery-
white belly. Lengths of adults commonly reach 45.7 to 63.5 millimeters
(1.8 to 2.5 inches).
The needs of the Ozark shiner are likely akin to those common among
other North American freshwater shiners. At the individual level, all
life stages of Ozark shiner likely require medium- to large-sized
upland rivers with appropriate flow and velocity, as well as
appropriate water quality conditions, to support breeding, feeding,
sheltering, and dispersal. The egg life stage requires mature males and
mature females to become fertilized, and coarse substrate or aquatic
vegetation in adequate supply is needed to provide refuge from
predators and high-velocity water flow. The juvenile and adult life
stages also require such substrate or vegetation for overwintering. In
addition, juveniles and adults need appropriate food sources in
adequate supply--particularly Ephemeropteran nymphs, but also other
aquatic insects such as trichopteran larvae, dipteran pupae, and
odonate nymphs.
We have carefully assessed the best scientific and commercial data
available regarding the past, present, and future threats to the Ozark
shiner. We evaluated all relevant factors under the Act's five listing
factors, including any
[[Page 42729]]
regulatory mechanisms and conservation measures addressing these
threats. The primary threats affecting the Ozark shiner's biological
status include hydrologic alteration, sedimentation, and chemical
contaminants. Dams, reservoirs, and urbanization contribute to
hydrologic alteration and sedimentation. In addition to urbanization,
agricultural or other developed land types are sources of chemical
contaminants.
Suitability of habitat was divided by watersheds at the 8-digit
hydrologic unit code (HUC 8) level, called analytical units (AUs), for
resiliency and redundancy assessment. The 12 AUs aligned with the 12
medium-sized rivers from which Ozark shiner have been collected. To
evaluate representation, we used the three major river drainages, or
representation units (RUs) of occurrence, that encompass all identified
AUs. In each AU, we assessed current resiliency through four metrics:
extent of occurrence, watershed condition, riparian corridor condition,
and connectivity. These metrics indicate how primary threats impact the
habitat suitability for Ozark shiner within its range.
We first assessed whether the Ozark shiner is in danger of
extinction throughout all of its range. Currently, the best scientific
and commercial data available indicate that the Ozark shiner is present
throughout its historical range. The species has adequate resiliency to
withstand stochastic events, as a vast majority of AUs through its
range (75%) are in moderate or high condition, meaning there are
sufficient resources to sustain populations into the immediate future.
The distribution of these moderate and high resiliency AUs throughout
the range of the Ozark shiner provides sufficient redundancy for the
species to withstand catastrophic events (e.g., droughts, large
pollution events). The occurrence of moderate and high resiliency AUs
in each RU will allow Ozark shiner to adapt to biological or physical
changes in its environment (e.g. increased precipitation or water
temperature). However, because many of the medium-sized streams and
rivers used by Ozark shiner are spring fed, this abundant and reliable
source of cool water may indicate that increased precipitation or water
temperature is of less concern for this Ozark endemic fish species.
After assessing the best scientific and commercial data available, we
conclude that the Ozark shiner is not in danger of extinction
throughout all of its range.
Therefore, we proceed with determining whether Ozark shiner is
likely to become endangered within the foreseeable future throughout
all of its range. Predictions on future condition of the Ozark shiner,
which were determined at the 2040 and 2060 timesteps, are based on
models incorporating information related to future changes in habitat
suitability for the species. These models were used as a surrogate for
impacts to water quality (i.e., sedimentation and chemical
contaminants) and are more accurate in the nearer term. Given models
project either no change in percentage of developed land types or a
slight increase under both levels of urbanization by 2060, no changes
are expected in future resiliency from overall current resiliency for
any AU. This means the species will retain adequate resiliency to
withstand stochastic events with 75% of AUs in moderate or high
condition, the distribution of these AUs throughout the range will
continue to provide sufficient redundancy for the species to withstand
catastrophic events, and the representation provided by their
occurrence in each RU will allow Ozark shiner to adapt to biological
and physical changes in its environment. After assessing the best
scientific and commercial data available, we conclude that Ozark shiner
is not likely to become endangered within the foreseeable future
throughout all of its range.
We also evaluated whether the Ozark shiner is endangered or
threatened throughout a significant portion of its range. We did not
find any portion of the Ozark shiner's range for which both (1) the
portion is ``significant,'' and (2) the species is in danger of
extinction in that portion or likely to become so within the
foreseeable future. We found a portion of the range (the St. Francis
River RU) where the regulatory status may be different than the rest of
the range; however, this portion is not a significant portion of the
Ozark shiner's range because it does not represent a large proportion
of the current range of the species. In addition, it does not provide
habitat for a large proportion of individuals or populations compared
to the rest of the range, does not include important habitat features
for species conservation, and does not contain unique habitat of high
value. The St. Francis River RU contains 6.25 occupied river miles
(10.06 river km) representing less than one percent of the species'
occupied river miles range wide. This RU also has fewer species records
both historically and currently compared to the White River and Black
River RUs, which is likely a reflection of its smaller size. Thus,
after assessing the best scientific and commercial data available, we
conclude that the Ozark shiner is not in danger of extinction
throughout a significant portion of its range or likely to become so
within the foreseeable future.
Based on the best scientific and commercial data available, we
determine that the Ozark shiner does not meet the definition of an
endangered species or a threatened species in accordance with sections
3(6) and 3(20) of the Act. Therefore, we find that listing the Ozark
shiner is not warranted at this time. A detailed discussion of the
basis for this finding can be found in the Ozark shiner species
assessment form and other supporting documents on <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R4-ES-2025-0342 (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 SSA report for the Ozark
shiner. We sent the SSA report to five 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-2025-0342. We incorporated the results of these reviews, as
appropriate, into the SSA report, which is the foundation for this
finding.
Speckled Burrowing Crayfish
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 Conservancy to list 404 aquatic, riparian,
and wetland species, including speckled burrowing crayfish (Creaserinus
danielae), 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 scientific or commercial information
indicating listing may be warranted for the species. This document
constitutes our 12-month finding on the April 20, 2010, petition to
list speckled burrowing crayfish under the Act.
[[Page 42730]]
Summary of Finding
The speckled burrowing crayfish is a small (approximately 1.5
inches (3.8 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 and
Alabama near the coast; its range is restricted to areas just west of
the Pascagoula River and to the Mobile River (to the east), with two
records on Dauphin Island. The distribution of the species is within
Jackson and George Counties, Mississippi, and Mobile County, Alabama.
The speckled burrowing 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 25 known populations of speckled
burrowing crayfish, there are 18 post-2014 (``current'') populations
and 7 pre-2014 (``historical'') populations. Based on the short
lifespans (approximately 2.5 years) and generation times of burrowing
crayfish, we used 2014 as the cutoff between historical and current
timeframes. Observations across a wide array of open, wet, grassy areas
suggests the species occupies differing habitats with similar
structural condition (e.g., open-canopy with low-statured, herbaceous
vegetation) within the broader matrix of land cover(s) that dominate
the ecoregions within which it occurs (i.e., Gulf Coast Flatwoods,
Southern Pine Plains and Hills, and Gulf Barrier Islands and Coastal
Marshes). 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 speckled burrowing crayfish are divided into two ecological
conditions--within the burrow and outside of the burrow. A stable
environment is defined herein as a burrow (including all excavated
channels, tunnels, and chambers) and associated non-burrow surrounding
habitat (e.g., impermanent water bodies) that can 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 of the aforementioned elements as well as 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 speckled burrowing
crayfish to have sufficient food and shelter resources to grow, reach
maturity, and reproduce. For populations to maintain resiliency, 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 (i.e., physical connectivity between
suitable habitat) and dispersal ability (i.e., 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 data
available regarding the past, present, and future threats to the
speckled burrowing crayfish. We evaluated all relevant factors under
the Act's five listing factors, including any regulatory mechanisms and
conservation measures addressing these threats. The primary threats
affecting the speckled burrowing crayfish's biological status now and
in the foreseeable future include habitat modification from development
and changes to coastal hydrology through sea level rise.
We first assessed whether the speckled burrowing crayfish is in
danger of extinction throughout all of its range. Our analysis
indicates the 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 speckled burrowing crayfish
populations are distributed across the known range of the species.
Thirteen of these 18 resilient populations were recently discovered,
and the known range of the species has expanded since 2017. While the
species' range is restricted because it is a narrow endemic, and thus
catastrophes pose an inherent risk, threats are not of a magnitude to
have large impacts on the species. Furthermore, we do not anticipate
major changes in the species' response to catastrophic events, such as
hurricanes, that the species has previously weathered; 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 speckled burrowing
crayfish has high estimated viability across its narrow range. The
current condition analysis indicates that resiliency, representation,
and redundancy are sufficient to support the overall viability of the
species. Thus, after assessing the best scientific and commercial data
available, we conclude that the speckled burrowing crayfish is not in
danger of extinction throughout all of its range.
Our analyses using projections 20 to 75 years into the future,
representing high and low landscape suitability, sea level rise, or
both, indicate that conditions are not expected to decline to a level
where the species' viability is impacted, and environmental conditions
are expected to continue to meet life history requirements. Thus, in a
foreseeable future of up to 75 years, we can make reasonable
predictions that the speckled burrowing crayfish will not be affected
significantly by the threat of development or sea level rise. Future
sea level rise projections indicate that up to three populations may be
impacted by sea level rise/inundation by 2100. Due to speckled
burrowing crayfish having some potential tolerance to salinity and to
not all areas of habitat experiencing inundation, we do not expect sea
level rise to result in any 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 75 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
the speckled burrowing crayfish exhibits a high degree of resistance to
disturbance from habitat change, indicating the species has a low
susceptibility to threats and a high degree of stability. After
assessing the best scientific and commercial data available, we
conclude that the speckled burrowing crayfish is not likely to become
endangered within the
[[Page 42731]]
foreseeable future throughout all of its range.
We also evaluated whether the speckled burrowing crayfish is
endangered or threatened throughout a significant portion of its range.
We did not find any portion of the speckled burrowing crayfish's range
for which both (1) the portion is ``significant,'' and (2) the species
is in danger of extinction in that portion or likely to become so
within the foreseeable future. We found that threats are not currently
disproportionately affecting the speckled burrowing crayfish in any
portion of its range and we found no portion of the speckled burrowing
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 either in the near term or within the foreseeable
future. Thus, after assessing the best scientific and commercial data
available, we conclude that the speckled burrowing crayfish is not in
danger of extinction throughout a significant portion of its range or
likely to become so within the foreseeable future.
Based on the best scientific and commercial data available, we
determine that the speckled burrowing crayfish does not meet the
definition of an endangered species or a threatened species in
accordance with sections 3(6) and 3(20) of the Act. Therefore, we find
that listing the speckled burrowing crayfish is not warranted at this
time. A detailed discussion of the basis for this finding can be found
in the speckled burrowing 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-2025-0343 (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 SSA report for speckled
burrowing crayfish. 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-2025-0343. We incorporated the results of these reviews,
as appropriate, into the SSA report, which is the foundation for this
finding.
Spiny Scale Crayfish
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 spiny scale crayfish (Cambarus jezerinaci), 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 spiny scale crayfish under the Act.
Summary of Finding
The spiny scale crayfish is a small crayfish with a pigmented body.
Two color morphs, red and blue, are noted. This species was first
described in 2000 and is recognized as a unique species within a
complex of species that inhabit the Cumberland Thrust Block region and
Kentucky River Basin of the Appalachian Mountains. The spiny scale
crayfish is currently found in five major drainages across northern
Tennessee, southwestern Virginia, and southern Kentucky: the Powell
River, Upper Cumberland River, and the North, Middle, and South Forks
of the Kentucky River.
To ensure populations are able to persist, individual needs must be
met through sufficient habitat parameters, including suitable water
quality, temperature, and substrate, which must be available over long
enough stream segments in close proximity to support a viable number of
individuals for genetic exchange and recruitment. For the spiny scale
crayfish to maintain viability, there must be adequate redundancy of
populations (i.e., a suitable number and distribution to allow the
species to withstand catastrophic events) and representation (i.e.,
genetic and environmental diversity to allow the species to adapt to
changing environmental conditions). Redundancy improves with higher
numbers of populations. Representation improves with increased genetic
diversity and ability to persist in diverse environmental conditions
within and among populations.
The spiny scale crayfish is associated with first- and second-
order, clean, silt-free, cold-water spring-fed streams of high altitude
and high gradient with coarse, rocky substrates that provide
interstitial spaces, where the species is found, including the upper
reaches of streams, all the way to the mouth of a spring and
potentially into associated caves. Sites with the spiny scale crayfish
are associated with primary or secondary growth forests, rhododendron
or hemlocks, and often have aquatic mosses present. Additionally, spiny
scale crayfish are assumed to require habitats with rock or rubble
substrates and low sediment, as the species uses the interstitial
spaces within the substrate. The spiny scale crayfish appears to prefer
consuming insect larvae and small amounts of plant material, but may
eat other things in the wild.
We have carefully assessed the best scientific and commercial data
available regarding the past, present, and future threats to the spiny
scale crayfish. We evaluated all relevant factors under the Act's five
listing factors, including any regulatory mechanisms and conservation
measures addressing these threats. The primary threats affecting the
spiny scale crayfish's biological status include habitat loss and
degradation, and impacts from changing precipitation patterns and
increased temperatures.
For the spiny scale crayfish, we divided the range into five major
basins (8-digit HUC watersheds; representation units) across northern
Tennessee, southwestern Virginia, and southern Kentucky: the Powell,
Upper Cumberland, and the North, Middle, and South Forks of the
Kentucky River. Within these basins, the species has been identified in
78 12-digit HUC watersheds, referred to as analysis units. The major
basins (representation units) are the units that provide the
appropriate scale to assess extinction risk for the spiny scale
crayfish.
After evaluating threats to the species and assessing the
cumulative effect of the threats under the section 4(a)(1) factors, our
analysis indicates that populations with recent and historical
detections are likely still present unless there has been a major land
use change in the area. Of the 216 detections, 169 detections are
current (2005 to 2024), 34 are recent (1985 to 2004), and 13 are
historical (prior to1985). These detections occur at 205 unique
locations and occupy 78 analysis units; 75 of these units have current
detections (assumed present), 2 are recent (assumed likely present),
and 1 is historical (unknown presence). The current, average forest
cover within the range of the spiny scale crayfish is generally high
(83.1 percent), with the Powell River basin having less forest cover on
average (61.1 percent)
[[Page 42732]]
compared to other major basins. Between 1985 and 2021, land cover
change has been minimal, with only 2 analysis units losing over 10
percent of their forest. This suggests that any forest loss in the
Powell River basin likely occurred before 1985, as current land uses
have remained stable since then. Additionally, experts suggest that
populations with recent and historical detections are likely still
present unless there has been a major land use change in the area. This
would suggest that populations are likely resilient to most impacts
that have occurred over time, other than direct habitat loss. Thus, we
assume populations have high levels of resiliency to most stochastic
events.
Although there may have been some losses of populations over time
due to land use changes and mining operations, the species currently
has relatively high redundancy given its presence in many analysis
units within the expected range. While a potential catastrophic impact,
such as a wildfire or heavy rainfall event, could impact all or parts
of several analysis units at once, the impacts would be unlikely to
impact the entirety of a major basin or the entire species.
Additionally, the species is somewhat insulated from the broader-
ranging impacts of climate change, such as temperature increases and
droughts due to streams being spring-fed and the species' ability to
burrow. Representation, likewise, has probably also declined from
historical levels, but we do not expect much genetic diversity has been
lost given the species still occurs across many analysis units across
all of the major watersheds within its expected historical range. As
such, it was determined that there is similar near-term extinction risk
in each representation unit.
In summary, we find that the spiny scale crayfish is not in danger
of extinction in any areas (i.e., representation units). Thus, there is
no portion of the range where the spiny scale crayfish may be
endangered. After assessing the best scientific and commercial data
available, we conclude that the spiny scale crayfish is not in danger
of extinction throughout all or a significant portion of its range.
Therefore, we proceed with determining whether spiny scale crayfish is
likely to become endangered within the foreseeable future throughout
all or a significant portion of its range.
As mentioned above, spiny scale crayfish need multiple healthy,
resilient populations distributed across the species' range to reduce
the risk of extinction. After evaluating threats to the species and
assessing the cumulative effect of the threats under the Act's section
4(a)(1) factors, we found that habitat loss and degradation (i.e., land
cover change), and changes to rainfall and increased temperature are
the threats with the greatest potential to affect the species'
viability within the foreseeable future. Based on the species life
history, generation time, and the uncertainty of the species responses,
projections for future condition were made using 20- and 50-year
timesteps. These timesteps were not only within the temporal scope of
model projections for assessing land use and changing rainfall and
temperature levels, but also represented a timeframe over which we
could make reasonably reliable predictions of the species' response
based on our limited knowledge of the species' natural history. At each
timestep, we forecasted changes in resiliency under two climate
scenarios, a moderate scenario representing a lower trajectory for
climate effects, and a high scenario, representing a higher trajectory
for climate effects.
In the future, the biggest risk to the species is loss of forest
cover around occupied areas. Areas that retain forest cover are less
likely to experience impacts from changing rainfall patterns and rising
temperatures. This is due to the role of forest cover in preserving
stream habitat conditions by buffering against erosion from heavy
rainfall events and filtering runoff from nearby incompatible land
uses, thereby protecting the temperature regimes of streams. While
species-specific responses to changes to rainfall and temperature are
unknown, the expected potential impacts are assumed to worsen over time
(e.g., global temperatures, with the potential to raise stream
temperatures, are projected to increase between 0.3 [deg]C to 4.8
[deg]C (0.5 [deg]F to 8.6 [deg]F) degrees over the next 75years);
however, we expect that the maintenance of forest cover around
populations will buffer most of these potential impacts. The greatest
projected risks are concentrated in the Powell River basin, where
current forest cover and protected lands are generally lower and
projected forest loss is higher compared to the rest of the range. As
such, we identified that there is a different future extinction risk in
the Powell River basin unit when compared to the other major basins
(i.e., representation units). With increased forest loss, there is a
higher likelihood of decreased resiliency and more severe species
response to catastrophic flooding events in the Powell River basin
unit. Alternatively, the Upper Cumberland River basin and the North,
Middle, and South Forks of the Kentucky River basin units within the
major basins are projected to be resilient into the future.
Overall, while habitat loss, habitat degradation, and the impacts
of changes to rainfall and temperature are affecting the spiny scale
crayfish, the presence of sufficiently resilient populations,
relatively high redundancy, and stable representation within the Upper
Cumberland River basin and the North, Middle, and South Forks of the
Kentucky River basin units indicate that the threats are not
significant enough to substantially increase the risk of extinction.
Therefore, the species is unlikely to become endangered within the
foreseeable future in those units.
However, the spiny scale crayfish may be threatened throughout a
portion of the range--the Powell River basin unit.
Although some of the analysis units within the Powell River basin
unit face an elevated risk of forest loss, the overall resiliency of
the unit is projected to remain high under both moderate and high
climate scenarios through the 2074 timeframe. While the Powell River
basin unit could potentially be at an elevated risk for a catastrophic
impact, such as a heavy rainfall event, it is unlikely that impacts
would threaten the entirety of the unit given the species inhabits the
upper reaches of streams, providing geographical distance via stream
branching that limits the impacts of many single catastrophic impacts.
Similarly, the species has the ability to persist in place with
changing environmental conditions through its ability to burrow,
insulating individuals from impacts of changing precipitation and
temperature patterns. As such, the spiny scale crayfish maintains
sufficient representation and redundancy across this unit. Thus, we
determined that the spiny scale crayfish does not have a different
status throughout the Power River basin unit than the remainder of the
range. As a result of our finding that the spiny scale crayfish is not
likely to become in danger of extinction within the foreseeable future
throughout this portion of the range, we do not need to determine
whether this portion of the range is ``significant.'' Therefore, no
portion of the species' range provides a basis for determining that the
species is likely to become in danger of extinction within the
foreseeable future throughout a significant portion of its range.
Based on the best scientific and commercial data available, we
determine that the spiny scale crayfish does not meet the definition of
an endangered species or a threatened species in accordance with
sections 3(6) and 3(20) of the Act. Therefore, we find that listing the
spiny scale crayfish is
[[Page 42733]]
not warranted at this time. A detailed discussion of the basis for this
finding can be found in the spiny scale crayfish species assessment
form and other supporting documents on <a href="https://www.regulations.gov">https://www.regulations.gov</a>
under Docket No. FWS-R5-ES-2025-0344 (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 SSA report for the spiny
scale crayfish. We sent the SSA report to five 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-R5-ES-2025-0344. We incorporated the results of these reviews,
as appropriate, into the SSA report, which is the foundation for this
finding.
Spotted Turtle
Previous Federal Actions
On July 11, 2012, we received a petition from the Center for
Biological Diversity to list 53 amphibian and reptile species,
including the spotted turtle (Clemmys guttata), as endangered or
threatened species under the Act. On July 1, 2015, we published a 90-
day finding (80 FR 37568) that the petition contained substantial
information indicating listing may be warranted for the species. This
document constitutes our 12-month finding on the July 11, 2012,
petition to list spotted turtle under the Act.
Summary of Finding
The spotted turtle is a small semiaquatic turtle found throughout
the eastern coast of the United States and the Great Lakes region, from
Maine south along the Atlantic Coastal Plain and Piedmont to Florida,
and west to northeastern Illinois and Michigan. Although broadly
distributed, the species is fairly uncommon in much of its range.
Populations at the northern and southern extremes appear small, and the
spotted turtle occurs in very low densities in Florida.
Generally, spotted turtles require wetland habitats with clear,
clean water, soft substrate, and aquatic vegetation adjacent to
accessible upland habitats. Throughout the year, spotted turtles can
exploit a wide variety of mostly freshwater, shallow, wetland habitats,
including sphagnum swamps, wooded swamps, small ephemeral and permanent
pools, bogs, fens, wet meadows, cattail marshes, sedge meadows, small
woodland streams, and artificial drainage ditches, as well as the edges
of bays, ponds, and tidally influenced brackish streams. They often use
different wetlands in different parts of the year, moving to new areas
depending on the season and local conditions. Their activity patterns
are somewhat temperature dependent, and spotted turtles have
temperature dependent sex determination, with more females produced at
higher temperatures. Although individual clutch sizes decrease from
north to south, total annual reproductive output may be consistent
across the range because southern populations are able to lay multiple
clutches due to the extended active period. Alternatively, southern
populations may be capable of exceeding reproductive output of the
northern populations. Additionally, spotted turtles, like other turtle
species, have high egg and juvenile mortality, iteroparity (i.e.,
repeated reproductive events over the lifespan), low adult mortality,
and a long life, typically living at least 30 years, potentially up to
65 to 110 years old. Generation time has not been calculated for the
spotted turtle, but it is likely 20 to 30 years. Because spotted
turtles are long-lived with high egg and hatchling mortality,
population persistence relies on high adult and subadult survivorship,
and increases in adult mortality can have large, lasting negative
impacts on populations.
We have carefully assessed the best scientific and commercial data
available regarding the past, present, and future threats to the
spotted turtle. We evaluated all relevant factors under the Act's five
listing factors, including any regulatory mechanisms and conservation
measures addressing these threats. The primary threats affecting the
spotted turtle's biological status are habitat loss, fragmentation, and
alteration, followed by illegal collection, the latter of which can
impact individual populations. We also examined other factors including
land use and management (e.g., hydrology, invasive species), disease,
parasites, predation, and direct loss of individuals from vehicle
collisions and agricultural/mowing equipment; however, these factors
did not rise to such a level that they affected the species as a whole.
We first assessed whether the spotted turtle is in danger of
extinction throughout all of its range. The spotted turtle exists in
restricted occurrences across a broad range that includes the Midwest
and eastern United States, inhabiting many types of wetland habitats
adjacent to accessible upland habitats that are used for nesting,
basking, foraging, and overwintering sites. Approximately 83 percent of
the species' range is ranked as highly or moderately resilient with
abundant or somewhat abundant populations, abundant or widespread
habitat availability, habitat connectivity, and stable or varied
population trajectories. This level of resiliency across most of the
spotted turtle's range contributes to its ability to withstand
stochastic events. Redundancy is also robust, with many analysis units
(containing multiple populations) distributed throughout a wide
geographic extent, including multiple high resiliency units occurring
from North Carolina to Maine. Despite threats acting on the species,
there are also many moderately resilient units spread throughout the
species' range, thus lending to the species' ability to withstand
catastrophic events. At this time, there is no evidence of discrete
genetic units within the spotted turtle's range. As a measure of
representation and given the spotted turtle's use of various wetland
types, upland habitats, and ecoregions across the landscape, the
species is assumed to have some amount of adaptive capacity to persist
under broad ranges of conditions (recognizing there are limitations,
especially given its long generational time of likely 20 to 30 years).
Thus, after assessing the best scientific and commercial data
available, we conclude that the spotted turtle is not in danger of
extinction throughout all of its range.
In considering the status of the spotted turtle in the foreseeable
future, we considered the relevant risk factors (threats) acting on the
species and whether we could draw reliable predictions about the
species' response to these factors. For the spotted turtle, we
considered future condition under a high impact and a moderate impact
scenario at two timesteps: 2050 and 2100. Our estimated future
resiliency of spotted turtles is that more than half of the species'
range (varying from 53.4 to 57.2 percent) is likely to maintain
viability, with populations occurring within an average of 15.4 percent
(varying from 14.3 to 16.6 percent) of the species' range exposed to
the highest risk of extirpation. The projected viable populations
(i.e., those with high and in some cases moderate resiliency, as well
as low magnitude of future habitat impacts) that are largely inland
(i.e., not in coastal or marsh migration areas), but otherwise
distributed throughout the
[[Page 42734]]
range with the exception of the southern limits of the species current
distribution. The spotted turtle's future redundancy will be similar to
the species' current ability to withstand catastrophes because we do
not project entire analysis units being extirpated under either of the
two scenarios at either timestep, although some population losses are
possible, especially in highly developed analysis units and regions
near the southern extent of the range. Representation for the spotted
turtle is likely to decline an unknown degree as a result of loss of
populations in specific habitat types, such as those available in
predominantly the southern portion of the Southeast Coastal Plain L2
ecoregion, which is the area of greatest risk of extirpation under a
high emissions scenario by 2100. However, the best scientific and
commercial data available suggest that the spotted turtle has some
ability to both adapt in place and shift its distribution, indicating
it is capable of some undetermined level of change over time. Although
redundancy and representation for the species is expected to decrease
an unknown degree, under the most likely future scenario and timesteps,
the species would continue to occupy a wide variety of natural and
artificial wetland and upland habitat types across its range, and under
the high scenario and later timestep, would persist in a more limited
area into the foreseeable future. After assessing the best scientific
and commercial data available, we conclude that the spotted turtle is
not likely to become endangered within the foreseeable future
throughout all of its range.
We also evaluated whether the spotted turtle is endangered or
threatened throughout a significant portion of its range. We did not
find any portion of the spotted turtle's range for which both (1) the
portion is ``significant,'' and (2) the species is in danger of
extinction in that portion or likely to become so within the
foreseeable future. We found no portion of the spotted turtle's range
where it is in danger of extinction. We found a portion of the range
(SE Coastal Plain L2 ecoregion) where the spotted turtle may become in
danger of extinction within the foreseeable future; however, this
portion is not a significant portion of the spotted turtle's range
given this portion does not contain unique or high quality habitat, nor
does it constitute a large geographic area relative to the extensive
range of the species as a whole. Thus, after assessing the best
scientific and commercial data available, we conclude that the spotted
turtle is not in danger of extinction throughout a significant portion
of its range or likely to become so within the foreseeable future.
Based on the best scientific and commercial data available, we
determine that the spotted turtle does not meet the definition of an
endangered species or a threatened species in accordance with sections
3(6) and 3(20) of the Act. Therefore, we find that listing the spotted
turtle is not warranted at this time. A detailed discussion of the
basis for this finding can be found in the spotted turtle species
assessment form and other supporting documents on <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R5-ES-2024-0108 (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 SSA report for the spotted
turtle. We sent the SSA report to seven independent peer reviewers and
received two 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-R5-ES-
2024-0108. 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
Jackson Prairie crayfish, Ozark shiner, speckled burrowing crayfish,
spiny scale crayfish, and spotted turtle to the appropriate person, as
specified under FOR FURTHER INFORMATION CONTACT, whenever it becomes
available. New information will help us monitor these species and make
appropriate decisions about their 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 these petition findings
is available in the relevant species assessment form, which is
available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> in the
appropriate docket (see ADDRESSES, above) and upon request from the
appropriate person (see FOR FURTHER INFORMATION CONTACT, above).
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.).
Brian R. Nesvik,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2025-16933 Filed 9-3-25; 8:45 am]
BILLING CODE 4333-15-P
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