Fish and Wildlife Service, Interior.
Proposed rule.
We, the U.S. Fish and Wildlife Service (Service), propose to list the Kentucky arrow darter (
We will accept comments received or postmarked on or before December 7, 2015. Comments submitted electronically using the Federal eRulemaking Portal (see
You may submit comments by one of the following methods:
(1)
(2)
We request that you send comments only by the methods described above. We will post all comments on
Virgil Lee Andrews, Jr., Field Supervisor, U.S. Fish and Wildlife Service, Kentucky Ecological Services Field Office, 330 West Broadway, Suite 265, Frankfort, KY 40601; telephone 502–695–0468, x108; facsimile 502–695–1024. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339.
We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from other concerned governmental agencies, Native American tribes, the scientific community, industry, or any other interested parties concerning this proposed rule. We particularly seek comments concerning:
(1) The Kentucky arrow darter's biology, range, and population trends, including:
(a) Biological or ecological requirements of the species, including habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
(d) Historical and current population levels, and current and projected trends; and
(e) Past and ongoing conservation measures for the species, its habitat, or both.
(2) Factors that may affect the continued existence of the species, which may include habitat modification or destruction, overutilization, disease, predation, the inadequacy of existing regulatory mechanisms, or other natural or manmade factors.
(3) Biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to this species and existing regulations that may be addressing those threats.
(4) Additional information concerning the historical and current status, range, distribution, and population size of this species, including the locations of any additional populations of this species.
(4) Whether measures outlined in the proposed species-specific rule under section 4(d) of the Act are necessary and advisable for the conservation and management of the Kentucky arrow darter.
(5) Additional provisions that may be appropriate to except incidental take as a result of other categories of activities beyond those covered by this proposed species-specific rule and, if so, under what conditions and with what conservation measures, in order to conserve, recover, and manage the Kentucky arrow darter.
(6) Comments and suggestions, particularly from Federal agencies and other interested stakeholders that may be affected by the 4(d), regarding additional guidance and methods that
Please include sufficient information with your submission (such as scientific journal articles or other publications) to allow us to verify any scientific or commercial information you include.
Please note that submissions merely stating support for or opposition to the action under consideration without providing supporting information, although noted, will not be considered in making a determination, as section 4(b)(1)(A) of the Act (16 U.S.C. 1531
You may submit your comments and materials concerning this proposed rule by one of the methods listed in the
If you submit information via
Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on
Section 4(b)(5) of the Act provides for one or more public hearings on this proposal, if requested. Requests for a public hearing must be received within 45 days after the date of publication of this proposed rule in the
In accordance with our joint policy on peer review published in the
The Kentucky arrow darter was first identified as a candidate for protection under the Act in the November 10, 2010,
The Kentucky arrow darter,
The Kentucky arrow darter belongs to the Class Actinopterygii (ray-finned fishes), Order Perciformes, and Family Percidae (perches) (Etnier and Starnes 1993, pp. 18–25; Page and Burr 2011, p. 569). The species was described from the Kentucky River basin (Sturgeon Creek, Owsley County) as
Kentucky arrow darters typically inhabit pools or transitional areas between riffles and pools (glides and runs) in moderate- to high-gradient, first- to third-order streams with rocky substrates (Thomas 2008, p. 6). The species is most often observed near some type of cover—boulders, rock ledges, large cobble, or woody debris piles. During spawning (April to June), the species will utilize riffle habitats with moderate flow (Kuehne and Barbour 1983, p. 71). Thomas (2008, p. 6) observed Kentucky arrow darters at depths ranging from 10 to 45 centimeters (cm) (4 to 18 in) and in streams ranging from 1.5 to 20 meters (m) (4.9 to 65.6 feet (ft)) wide. Kentucky arrow darters typically occupy streams with watersheds of 25.9 square kilometers (km
Male Kentucky arrow darters establish territories over riffles from March to May, when they are quite conspicuous in water 5 to 15 cm (2 to 6 in) deep (Kuehne and Barbour 1983, p. 71). Males fan out a depression in the substrate and defend these sites vigorously. Initial courtship behavior involves rapid dashes, fin-flaring, nudging, and quivering motions by the male followed by similar quivering responses of the female, who then precedes the male to the nest. The female partially buries herself in the substrate, is mounted by the male, and spawning occurs (Etnier and Starnes 1993, p. 523). It is assumed that the male continues to defend the nest until the eggs have hatched. The spawning period extends from April to June, but peak activity occurs when water temperatures reach 13 degrees Celsius (°C) (55 degrees Fahrenheit (°F)), typically in mid-April (Bailey 1948, pp. 82–84; Lowe 1979, p. 44). Females produce between 200 and 600 eggs per season, with tremendous variation resulting from size, age, condition of females, and stream temperature (Rakes 2014, pers. comm.).
Young Kentucky arrow darters can exceed 25 mm (1 in) TL by mid-June and can reach 50 mm (2 in) in length by the end of the first year (Lotrich 1973, pp. 384–385; Lowe 1979, pp. 44–48; Kuehne and Barbour 1983, p. 71). One-year olds are generally sexually mature and participate in spawning with older age classes (Etnier and Starnes 1993, p. 523). Lotrich (1973, p. 384) reported a mean length at age 2 of about 65 mm (2.6 in) but was unable to differentiate between older age classes (age 3+). Lowe (1979, p. 38) reported four age classes for the closely related Cumberland arrow darter, but growth was variable after age 1. Juvenile Kentucky arrow darters can be found throughout the channel but are often observed in shallow water along stream margins near root mats, rock ledges, or some other cover. As stream flow lessens and riffles begin to shrink, most Kentucky arrow darters move into pools and tend to remain there even when summer and autumn rains restore stream flow (Kuehne and Barbour 1983, p. 71).
Limited information exists with regard to upstream or downstream movements of Kentucky arrow darters; however, preliminary findings from a movement study at Eastern Kentucky University (EKU) and a reintroduction project on the Daniel Boone National Forest (DBNF) suggest that Kentucky arrow darters can move considerable distances (Baxter 2014, pers. comm.; Thomas 2015a, pers. comm.).
The EKU study is using PIT-tags (electronic tags placed under the skin) and placed antenna systems (installed in the stream bottom) to monitor intra- and inter-tributary movement of Kentucky arrow darters in Gilberts Big Creek and Elisha Creek, two second-order tributaries of Red Bird River in Clay and Leslie Counties (Baxter 2014, pers. comm.). PIT-tags have been placed in a total of 126 individuals, and Kentucky arrow darter movements have been tracked since December 2013. Recorded movements have ranged from 134 m (439 ft) (upstream movement) to 4,078 m (13,379 ft or 2.5 mi) (downstream movement by a female in Elisha Creek). Intermediate recorded movements have included 328 m (1,076 ft) (downstream), 351 m (1,151 ft) (upstream), 900 m (2,952 ft) (upstream/downstream), 950 m (3,116 ft) (downstream), 1,282 m (4,028 ft) (downstream), and 1,708 m (5,603 ft) (downstream).
Since 2012, the Kentucky Department of Fish and Wildlife Resources (KDFWR) has been releasing captive-bred Kentucky arrow darters into Long Fork, a DBNF stream and first-order tributary to Hector Branch in eastern Clay County, Kentucky, where the species had been extirpated. A total of 1,447 captive-spawned KADs (about 50–55 mm TL) have been tagged and reintroduced within a 1.5-km (0.9 mi) reach of Long Fork. Monitoring has been conducted on multiple occasions since the initial release using visual searches and seining methods. Tagged darters have been observed during each monitoring event, with numbers increasing since the reintroduction began in 2012. Untagged individuals began to appear in Long Fork in 2013, indicating natural reproduction in Long Fork. In 2015, KDFWR observed five untagged individuals (47–58 mm TL) and one tagged individual (90 mm TL) in Hector Branch, approximately 0.6 km (0.4 mi) upstream of its confluence with Long Fork, and they also observed four untagged individuals (44–52 mm TL) in Deerlick Branch, a first-order tributary of Hector Branch, approximately 1.0 km (0.6 mi) downstream of the confluence of Long Fork and Hector Branch (Thomas 2015a, pers. comm.). Based on these results, it is evident that at least some Kentucky arrow darters have moved out of Long Fork into other parts of the Hector Creek drainage. It is impossible to determine if the untagged fish were spawned in Long Fork or Hector Branch; however, the former scenario is most likely given the poor water quality and habitat conditions in Hector Branch and the lack of collection records in Hector Branch prior to reintroduction efforts. Considering the water quality and habitat conditions in Hector Branch, it is also plausible that the individuals captured in Hector Branch were in transit seeking higher quality habitat (
Additional insight into possibility of interstream dispersal can be gained from the closely related Cumberland arrow darter. Lowe (1979, pp. 26–27) observed potential movement behavior for the Cumberland arrow darter in Tennessee. During field observations in January and February 1975, no Cumberland arrow darters were observed near the mouth of No Business Creek, a tributary of Hickory Creek in Campbell County, Tennessee, and downstream of a perched culvert. During a subsequent survey at this location, Lowe observed a total of 34 Cumberland arrow darters, a dramatic increase compared to previous surveys. Lowe (1979, pp. 26–27) considered it unlikely that the Cumberland arrow darters originated from upstream reaches of No Business Creek because no individuals were observed upstream of the culvert during the length of the study and no individuals had been observed at the site during the previous week. The only plausible explanation for the sudden increase was that the Cumberland arrow darters had migrated from Hickory Creek or a nearby tributary of Hickory Creek (
Kentucky arrow darters feed primarily on mayflies (Order Ephemeroptera), which comprised 77 percent of identifiable food items (420 of 542 items) in 57 Kentucky arrow darter stomachs from Clemons Fork, Breathitt County (Lotrich 1973, p. 381). The families Heptageniidae (genera
Common associates of the Kentucky arrow darter include creek chub (
The Kentucky arrow darter occurred historically in at least 74 streams in the upper Kentucky River basin of eastern Kentucky (Gilbert 1887, pp. 53–54; Woolman 1892, pp. 275–281; Kuehne and Bailey 1961, pp. 3–4; Kuehne 1962, pp. 608–609; Branson and Batch 1972, pp. 507–514; Lotrich 1973, p. 380; Branson and Batch 1974, pp. 81–83; Harker
The Kentucky arrow darter was first reported from the upper Kentucky River basin by Gilbert (1887, pp. 53–54), who collected 12 specimens from Sturgeon Creek near Travelers Rest, Owsley County. Woolman (1892, pp. 275–281) conducted more extensive surveys throughout the basin in the summer of 1890, reporting the species from seven additional streams: Big Creek, Cutshin Creek, Hector Branch, Lotts Creek, Middle Fork Kentucky River, Red Bird River, and Troublesome Creek. Kuehne and Bailey (1961, pp. 3–4) and Kuehne (1962, pp. 608–614) surveyed additional portions of the basin from 1954–1959, observing the species in Sexton Creek, Troublesome Creek (mainstem), and nine smaller streams in the Troublesome Creek watershed: Bear Branch, Buckhorn Creek, Clemons Fork, Coles Fork, Laurel Fork, Lewis Fork, Long Fork, Millseat Branch, and Snag Ridge Fork. From 1969–1978, biologists from EKU and KSNPC documented the species from an additional eight streams: Buck Creek, Buffalo Creek, Greasy Creek, Horse Creek, Jacks Creek, Laurel Creek, Leatherwood Creek, and Raccoon Creek (Branson and Batch 1972, pp. 507–514; Branson and Batch 1974, pp. 81–83; Harker
Based on surveys completed since 2006, extant populations of the Kentucky arrow darter are known from 47 streams in the upper Kentucky River basin in eastern Kentucky. These populations are scattered across 6 sub-basins (North Fork Kentucky River, Middle Fork Kentucky River, South Fork Kentucky River, Silver Creek, Sturgeon Creek, and Red River) in 10 Kentucky counties: Breathitt, Clay, Harlan, Jackson, Knott, Lee, Leslie, Owsley, Perry, and Wolfe Counties (Thomas 2008, pp. 3–6; Service unpublished data). Populations in nine of these streams have been discovered or established since 2006. Current populations occur in the following Kentucky River sub-basins (and smaller watersheds):
• North Fork Kentucky River (Troublesome, Quicksand, Frozen, Holly, Lower Devil, Walker, and Hell Creek watersheds);
• Middle Fork Kentucky River (Big Laurel, Rockhouse, Hell For Certain Creek, and Squabble Creek watersheds);
• South Fork Kentucky River (Red Bird River, Hector Branch, and Goose, Bullskin, Buffalo, and Lower Buffalo Creek watersheds);
• Silver Creek;
• Sturgeon Creek (Travis, Wild Dog, and Granny Dismal Creek watersheds); and
• Red River (Rock Bridge Fork of Swift Camp Creek).
The species' status in all streams of historical or recent occurrence is summarized in Table 1, below, which is organized by sub-basin, beginning at the southeastern border (upstream end) of the basin (North Fork Kentucky River) and moving downstream. In this proposed rule, the term “population” is
We are using the following generalized sets of criteria to categorize the relative status of populations of 83 streams (74 historical and 9 non-historical discovered or established since 2006) included in Table 1. The status of a population is considered “stable” if: (1) There is little evidence of significant habitat loss or degradation, (2) darter abundance has remained relatively constant or increased during recent surveys, or (3) evidence of relatively recent recruitment has been documented since 2006. The status of a population is considered “vulnerable” if: (1) There is ample evidence of significant habitat loss or degradation since the species' original capture, (2) there is an obvious decreasing trend in abundance since the historical collection, or (3) no evidence of relatively recent recruitment (since 2006) has been documented. The status of a population is considered “extirpated” if: (1) All known suitable habitat has been destroyed or severely degraded; (2) no live individuals have been observed since 2006; or (3) live individuals have been observed since 2006, but habitat conditions do not appear to be suitable for reproduction to occur (
From 2007–2012, the Service, KSNPC, and KDFWR conducted a status review for the Kentucky arrow darter (Thomas 2008, pp. 1–33; Service 2012, pp. 1–4). Surveys were conducted qualitatively using single-pass electrofishing techniques (Smith-Root backpack electrofishing unit) within an approximate 100-m (328-ft) reach. During these efforts, fish surveys were conducted at 69 of 74 historical streams, 103 of 119 historical sites, and 40 new (non-historical) sites (sites correspond to individual sampling reaches and more than one may be present on a given stream). Kentucky arrow darters were observed at 36 of 69 historical streams (52 percent), 53 of 103 historical sites (52 percent), and 4 of 40 new sites (10 percent). New sites were specifically selected based on habitat suitability and the availability of previous collection records (sites lacking previous collections were chosen).
From June to September 2013, KSNPC and the Service initiated a study that included quantitative surveys at 80 randomly chosen sites within the species' historical range (Service unpublished data). Kentucky arrow darters were observed at only seven sites, including two new localities (Granny Dismal Creek in Owsley County and Spring Fork Quicksand Creek in Breathitt County) and one historical stream (Hunting Creek, Breathitt County) where the species was not observed during status surveys by Thomas (2008, pp. 1–33) and Service (2012, pp. 1–4).
During 2014–2015, additional qualitative surveys (single-pass electrofishing) were completed at over 20 sites within the basin. Kentucky arrow darters were observed in Bear Branch, Big Double Creek, Big Laurel Creek, Bullskin Creek, Clemons Fork, Coles Fork, Cortland Fork, Laurel Fork Buffalo Creek, and Squabble Creek. Based on the poor habitat conditions observed in Bear Branch (
Based on historical records and survey data collected at over 200 sites since 2006, the Kentucky arrow darter has declined significantly rangewide and has been eliminated from large portions of its former range, including 36 of 74 historical streams (Figure 2) and large portions of the basin that would have been occupied historically by the species (Figure 3). Forty-four percent of the species' extirpations (16 streams) have occurred since the mid-1990s, and the species has disappeared completely from several watersheds (
A synopsis of the Kentucky arrow darter's current range and status is provided below and is arranged by sub-basin, starting at the southeastern border (upstream end) of the basin and moving downstream. Within each sub-basin, smaller watersheds and streams are addressed in a hierarchical fashion (follows the order used in Table 1).
The North Fork Kentucky River arises in eastern Letcher County, Kentucky, near Pine Mountain and flows generally northwest for approximately 270 km (168 mi) to its confluence with the South Fork Kentucky River. Its watershed encompasses approximately 4,877 km
The Middle Fork Kentucky River arises in southern Leslie County, Kentucky, near Pine Mountain and flows generally north for approximately 169 km (105 mi) to its confluence with the North Fork Kentucky River. Its watershed encompasses approximately 1,448 km
The South Fork Kentucky River is formed by the confluence of Goose Creek and the Red Bird River in northern Clay County, Kentucky, and flows north for approximately 72 km (45 mi) to its confluence with the North Fork Kentucky River. Its watershed encompasses approximately 1,937 km
Silver Creek is a tributary to the Kentucky River that drains approximately 8.5 km
Sturgeon Creek is a tributary to the Kentucky River that flows northerly through Jackson, Lee, and Owsley Counties, draining approximately 287 km
The Red River is a tributary of the Kentucky River that arises in eastern Wolfe County, Kentucky, and flows generally west for approximately 156 km (97 mi) through portions of Clark, Estill, Menifee, Powell, and Wolfe Counties. The Red River watershed encompasses approximately 1,261 km
Our recent survey data (Thomas 2008, pp. 25–27; Service 2012, pp. 1–4) indicate that Kentucky arrow darters occur in low densities. Sampling reaches where arrow darters were observed had an average of only 3 individuals per 100-m (328-ft) reach and a median of 2 individuals per reach (range of 1 to 10 individuals). Surveys in 2011 by the DBNF from Laurel Fork and Cortland Branch of Left Fork Buffalo Creek (South Fork Kentucky River sub-basin) produced slightly higher capture rates (an average of 5 darters per 100-m (328-ft) sampling reach) (Mulhall 2014, pers. comm.). The low abundance values (compared to other darters) are not surprising since Kentucky arrow darters generally occur in low densities, even in those streams where disturbance has been minimal (Thomas 2015b, pers. comm.).
Detailed information on population size is generally lacking for the species, but estimates have been completed for three streams: Clemons Fork (Breathitt County), Elisha Creek (Clay and Leslie Counties), and Gilberts Big Creek (Clay and Leslie Counties) (Service unpublished data). Based on field surveys completed in 2013 by EKU, KSNPC, and the Service, population estimates included 986–2,113 individuals (Clemons Fork), 592–1,429 individuals (Elisha Creek), and 175–358 individuals (Gilberts Big Creek) (ranges reflect 95 percent confidence intervals).
Based on observed catch rates and habitat conditions throughout the upper Kentucky River basin, the most stable and largest populations of the Kentucky arrow darter appear to be located in the following streams:
• Hell For Certain Creek, Leslie County;
• Laurel and Middle Forks of Quicksand Creek, Knott County;
• Frozen and Walker Creeks, Breathitt and Lee Counties;
• Clemons Fork and Coles Fork, Breathitt and Knott Counties;
• Several direct tributaries (
• Wild Dog Creek, Jackson and Owsley Counties.
The Kentucky arrow darter is considered “threatened” by the State of Kentucky and has been ranked by KSNPC as a G2G3/S2S3 species (imperiled or vulnerable globally and imperiled or vulnerable within the State) (KSNPC 2014, p. 40). Kentucky's Comprehensive Wildlife Conservation Strategy (KDFWR 2013, pp. 9–11) identified the Kentucky arrow darter as a Species of Greatest Conservation Need (rare or declining species that requires conservation actions to improve its status).
Section 4 of the Act (16 U.S.C. 1533), and its implementing regulations at 50 CFR part 424, set forth the procedures for adding species to the Federal Lists of Endangered and Threatened Wildlife and Plants. Under section 4(a)(1) of the Act, we may list a species based on (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. Listing actions may be warranted based on any of the above threat factors, singly or in combination.
The Kentucky arrow darter's habitat and range have been destroyed, modified, and curtailed due to a variety of anthropogenic activities in the upper Kentucky River drainage. Resource extraction (
A threat to the Kentucky arrow darter is water quality degradation caused by a variety of nonpoint-source pollutants (contaminants from many diffuse and unquantifiable sources). Within the upper Kentucky River drainage, coal mining has been the most significant historical source of these pollutants, and it continues to be practiced throughout the drainage. As of January 2015, 318 mining permits were associated with coal removal and production activities within the upper Kentucky River drainage (Laird 2015, pers. comm.). Of these, 136 permits were associated with active coal removal, encompassing a combined area of 777 km
Annual coal production in eastern Kentucky (including counties in the upper Kentucky River drainage) has declined over the past 2 decades, but annual production in eastern Kentucky continues to be relatively high (over 37 million tons produced in 2014) (KEEC 2014, pp. 1–5), recoverable reserves for the eastern Kentucky portion of the Appalachian Basin are estimated at 5.8 billion tons (Milici and Dennen 2009, pp. 8–11), and the species' distribution continues to be fragmented and reduced as a result of previous (legacy) mining activities within the drainage. Consequently, the potential remains for Kentucky arrow darters to continue to be adversely affected by water quality degradation associated with surface coal mining activities.
With regard to specific pollutants, activities associated with coal mining
Elevated levels of metals and other dissolved solids (
Studies in the upper Kentucky River basin by Branson and Batch (1974, pp. 81–83), Dyer and Curtis (1977, pp. 1–13), Kuehne (1962, pp. 608–609), Thomas (2008, pp. 3–6), Pond (2010, pp. 189–198), and the Service (2012, pp. 1–4) have clearly demonstrated that surface coal mining activities have contributed to water quality degradation (
There is a pattern of increasing conductivity and loss of arrow darter populations that is evident in the fish and water quality data from the Buckhorn Creek basin (1962 to present) in Breathitt and Knott Counties. Kentucky arrow darters and other fish species were first reported from the basin in 1962 by Kuehne (1962, pp. 608–609), who surveyed sites on the Buckhorn Creek mainstem and numerous tributaries: Bear Branch, Clemons Fork, Coles Fork, Laurel Fork,
ATS (2011, pp. 1–17) surveyed 27 sites in the Buckhorn Creek headwaters in 2008, observing similar patterns with respect to conductivity and Kentucky arrow darter distributions. ATS (2011, pp. 1–17) observed a few Kentucky arrow darters in high conductivity reaches (
As demonstrated above, Kentucky arrow darters tend to be less abundant in streams with elevated conductivity levels (Service 2012, pp. 1–4; Service 2013, p. 9), and are typically excluded from these streams as conductivity increases (Branson and Batch 1972, pp. 507–512; Branson and Batch 1974, pp. 81–83; Thomas 2008, p. 3–6). Recent range-wide surveys of historical sites by Thomas (2008, pp. 3–6) and the Service (2012, pp. 1–4) demonstrated that Kentucky arrow darters are excluded from watersheds when conductivity levels exceed about 250 μS/cm. The species was observed at only two historical sites where conductivity values exceeded 250 μS/cm, and average conductivity values were much lower at sites where Kentucky arrow darters were observed (115 μS/cm) than at sites where the species was not observed (689 μS/cm). A similar phenomenon was reported by Black
Mine drainage can also cause chemical (and some physical) impacts to streams as a result of the precipitation of entrained metals and sulfate, which become unstable in solution (USEPA 2003, pp. 24–65; Pond 2004, p. 7). Hydroxide precipitants are formed from iron and aluminum, creating orange or white sludge (“yellow boy”) that forms a thick coating on stream substrates (Pond 2004, p. 7). Most affected streams have elevated levels of calcium in solution, and if pH is elevated, calcium sulfate (CaSO
Oil and gas exploration and drilling activities represent another significant source of harmful pollutants in the upper Kentucky River basin (KDOW 2013a, 189–214). Since January 2010, over 500 oil and gas wells have been permitted in counties where the species was known historically (KGS 2015, pp. 1–2), and demand for natural gas production in Kentucky is expected to increase in future years (KGS 2002, p. 4; KGS 2015, pp. 1–2; Weisenfluh 2014, pp. 1–2). Alternative methods (
A variety of chemicals (
Other nonpoint-source pollutants that are common within the upper Kentucky River drainage and have the potential to affect the Kentucky arrow darter include domestic sewage (through septic tank leakage or straight pipe discharges) and agricultural pollutants such as animal waste, fertilizers, pesticides, and herbicides (KDOW 2013a, pp. 189–214). Nonpoint-source pollutants can cause increased levels of nitrogen and phosphorus, excessive algal growths, oxygen deficiencies, and other changes in water chemistry that can seriously impact aquatic species (KDOW 2010, pp. 70–84; KDOW 2013a, pp. 189–214; KDOW 2013b, pp. 88–94). Nonpoint-source pollution from land surface runoff can originate from virtually any land use activity and may be correlated with impervious surfaces and storm water runoff (Allan 2004, pp. 266–267). Pollutants may include sediments, fertilizers, herbicides, pesticides, animal wastes, septic tank and gray water leakage, pharmaceuticals, and petroleum products. These pollutants tend to increase concentrations of nutrients and toxins in the water and alter the chemistry of affected streams such that the habitat and food sources for species like the Kentucky arrow darter are negatively impacted.
Sedimentation (siltation) has been listed repeatedly by KDOW as the most common stressor of aquatic communities in the upper Kentucky River basin (KDOW 2010, pp. 70–84; KDOW 2013a, pp. 189–214; KDOW 2013b, pp. 88–94). Sedimentation comes from a variety of sources, but KDOW identified the primary sources of sediment as loss of riparian habitat, surface coal mining, legacy coal extraction, logging, and land development (KDOW 2010, pp. 70–84; KDOW 2013b, pp. 88–94). All of these activities can result in canopy removal, channel disturbance, and increased siltation, thereby degrading habitats used by Kentucky arrow darters for both feeding and reproduction. The reduction or loss of riparian vegetation results in the elevation of stream temperatures, destabilization of stream banks and siltation, and removal of submerged root systems that provide habitat for fishes and macroinvertebrates (the food source for Kentucky arrow darters) (Minshall and Rugenski 2006, pp. 721–723). Channelization of streams associated with residential development and agriculture has been widespread within the upper Kentucky River drainage. Generally, streams are relocated to one side of the stream valley to provide space for home sites, livestock, hay production, or row crops. Channelization dramatically alters channel dimensions, gradient, stream flow, and instream habitats, and these modified channels are often managed through vegetation removal and dredging to improve flood conveyance (Allan and Castillo 2007, p. 327) and through placement of quarried stone or gabion baskets to protect against bank erosion. All of these activities create unstable stream segments with shifting substrates, heavy sedimentation, eroding banks, and poor to marginal habitat conditions for the species. Twenty-one streams within the species' historical and current range have been identified as impaired (primarily due to siltation from mining, logging, agricultural activities, and land development) and have been included on Kentucky's 303(d) list of impaired waters (Table 2). The species has been extirpated from most of these streams (or watersheds) and is considered to be stable in only one (Frozen Creek).
Resource extraction activities (
Similarly, logging activities can adversely affect Kentucky arrow darters and other fishes through removal of riparian vegetation, direct channel disturbance, and sedimentation of instream habitats (Allan and Castillo 2007, pp. 332–333). During logging activities, sedimentation occurs as soils are disturbed, the overlying leaf or litter layer is removed, and sediment is carried overland from logging roads, stream crossings, skid trails, and riparian zones during storm events. Logging impacts on sediment production can be considerable, but access and haul roads often produce more sediment than the land harvested for timber (Brim Box and Mossa 1999, p. 102). Excess sediment can bury in-stream habitats used by the species for foraging, reproduction, and sheltering, and it can disrupt the dynamic equilibrium of channel width, depth, flow velocity, discharge, channel slope, roughness, sediment load, and sediment size that maintains stable channel morphology (Allan 2004, p. 262). The lack of stream-side vegetation also promotes bank erosion that alters stream courses and introduces large quantities of sediment into the channel. This can lead to channel instability and further degradation of in-stream habitats. Reductions in riparian vegetation can adversely affect the species through increased solar radiation, elevated stream temperatures, loss of allochthonous (organic material originating from outside the channel) food material, and bank instability/erosion (Allan 2004, p. 262; Hauer and Lamberti 2006, pp. 721–723). Direct channel disturbance occurs primarily at stream crossings during culvert, log, or rock placement. Severe impacts can occur when loggers use stream channels illegally as skid trails (M. Floyd pers. obs. 2009).
Stormwater runoff from unpaved roads, all-terrain vehicle (ATV) trails,
The hemlock woolly adelgid (HWA) (
In summary, habitat loss and modification represent threats to the Kentucky arrow darter. Severe degradation from contaminants, sedimentation, and physical habitat disturbance have contributed to extirpations of Kentucky arrow darter populations, and these threats continue to impact water quality and habitat conditions across the species' range. Contaminants associated with surface coal mining (metals, other dissolved solids), domestic sewage (bacteria, nutrients), and agriculture (fertilizers, pesticides, herbicides, and animal waste) cause degradation of water quality and habitats through increased conductivity and sulfates, instream oxygen deficiencies, excess nutrification, and excessive algal growths. Sedimentation from surface coal mining, logging, agriculture, and land development negatively affect the Kentucky arrow darter by burying or covering instream habitats used by the species for foraging, reproduction, and sheltering. These impacts can cause reductions in growth rates, disease tolerance, and gill function; reductions in spawning habitat, reproductive success, and egg, larval, and juvenile development; modifications of migration patterns; decreased food availability through reductions in prey; and reduction of foraging efficiency. Furthermore, these threats faced by the Kentucky arrow are the result of ongoing land uses that are expected to continue indefinitely.
The Kentucky arrow darter is not believed to be utilized for commercial, recreational, scientific, or educational purposes. Individuals may be collected occasionally in minnow traps by recreational anglers and used as live bait, but we believe these activities are practiced infrequently and do not represent a threat to the species. Our review of the available information does not indicate that overutilization is a threat to the Kentucky arrow darter now or likely to become so in the future.
No information is available suggesting that disease is a threat to the Kentucky arrow darter; therefore, we do not consider disease to be a factor in the decline of the species. As to predation, although the Kentucky arrow darter is undoubtedly consumed by native predators (
Up to 1,000 rainbow trout are stocked annually by KDFWR within Big Double Creek, with releases occurring in March, April, May, and October in habitats occupied by Kentucky arrow darters. KDFWR has no specific information on the feeding habits of rainbow trout in Big Double Creek, but KDFWR supported a research project (Brandt 2006, pp. 1–59) investigating the impact of stocked rainbow trout on native fishes in Rock Creek, McCreary County, Kentucky. Brandt (2006, pp 1–59) examined the guts of 11 introduced rainbow trout obtained from 32 sampling sites within the Rock Creek watershed. The majority of stomachs were empty or contained remains of macroinvertebrates; however, gut contents from two individuals included remains of two native fishes, telescope shiner (
Within Big Double Creek, stockings of rainbow trout have occurred for over 30 years (Williams 2014, pers. comm.), but the Kentucky arrow darter population in this stream continues to persist and appears to be stable (Table 1, above) based on recent surveys (Thomas 2008, p. 4; Thomas
The Kentucky arrow darter has been identified as a threatened species within Kentucky (KSNPC 2014, p. 40), but this State designation conveys no legal protection for the species or its habitat. Kentucky law prohibits the collection of the Kentucky arrow darter (or other fishes) for scientific purposes without a valid State-issued collecting permit (Kentucky Revised Statutes (KRS) sec. 150.183). Enforcement of this permit requirement is difficult, but as discussed above under Factor B, we do not believe that these activities represent a threat to the species. Kentucky regulations (301 KAR 1:130, sec. 1(3)) also allow persons who hold a valid Kentucky fishing license (obtained from KDFWR) to collect up to 500 minnows per day (a minnow is defined as any non-game fish less than 6 inches in length, with the exception of federally listed species). This regulation allows for the capture, holding, and potential use of the Kentucky arrow darter as a bait species; however, again as discussed under Factor B, we believe these activities are practiced infrequently and do not represent a threat to the species. Because activities associated with these laws and regulations do not represent threats to the Kentucky arrow darter, we find that these existing regulatory mechanisms have been adequate in protecting the species.
Streams within UK's Robinson Forest (Coles Fork, Snag Ridge Fork, and Clemons Fork) are currently protected from the effects of surface coal mining due to a 1990 “lands unsuitable for mining” designation (405 KAR 24:040). The Secretary of the Kentucky Energy and Environment Cabinet (KEEC) has the authority to designate certain lands as unsuitable for mining if these activities will: (1) Be incompatible with existing State and local land use plans; (2) affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific, and aesthetic values, and natural systems; (3) affect renewable resource lands in which such operations could results in a substantial loss or reduction of long-range productivity of water supply or food or fiber products, and such lands to include aquifers and aquifer recharge areas; or (4) affect natural hazard lands in which such operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology. The designation was made by the Secretary of the KEEC in response to a petition from the Sierra Club, Kentucky Resources Council, Inc., and Kentucky Conservation Foundation. The Secretary concluded that surface coal mining and reclamation operations were incompatible with UK's existing land use management plan and that these activities would significantly damage important scientific resources within the petition area.
Portions of 22 of the 47 streams with extant Kentucky arrow darter populations are located on the DBNF and receive management and protection through DBNF's land and resource management plan (LRMP) (USFS 2004, pp. 7–16). Public ownership in these watersheds ranges from about 50 to 100 percent. The LRMP is implemented through a series of project-level decisions based on appropriate site-specific analysis and disclosure. It does not contain a commitment to select any specific project; rather, it sets up a framework of desired future conditions with goals, objectives, and standards to guide project proposals. Projects are proposed to solve resource management problems, move the forest environment toward desired future conditions, and supply goods and services to the public (USFS 2004, pp. 7–16). The LRMP contains a number of protective standards that in general are designed to avoid and minimize potential adverse effects to the Kentucky arrow darter and other sensitive species; however, the DBNF will continue to consult with the Service when their activities may adversely affect streams supporting Kentucky arrow darters. In addition to conservation benefits provided by the LRMP, the Service and DBNF signed a candidate conservation agreement (CCA) for the Kentucky arrow darter in August 2015. The CCA is intended to conserve the Kentucky arrow darter on the DBNF by (a) protecting known populations and habitat, (b) reducing threats to its survival, (c) conserving the watersheds and ecosystems on which it depends, and (d) enhancing and/or restoring degraded habitat (USFWS and USFS 2015). The DBNF's ownership and management under the LRMP contributes substantially to the conservation of the Kentucky arrow darter. A significant portion (about 38 percent) of the species' remaining populations occurs within the DBNF, and these populations have benefited from management goals, objectives, and protective standards included in the LRMP. Collectively, these streams contain some of the best remaining habitats for the species and support some of the species' most robust populations.
The Kentucky arrow darter and its habitats are afforded some protection from water quality and habitat degradation under the Federal Water Pollution Control Act of 1977, commonly referred to as the Clean Water Act (33 U.S.C. 1251
Although water quality has generally improved since the Clean Water Act and SMCRA were enacted or amended in 1977, there is continuing, ongoing degradation of water quality within the range of the Kentucky arrow darter. The species has been extirpated from 36 of its 74 historical streams (49 percent), and 16 of these extirpations (16 streams) have occurred since the mid-1990s. A total of 21 streams (335.8 stream km (208.7 stream mi)) within the species' historical range have been identified as impaired by the KDOW and placed on the State's 303(d) list of impaired waters. Of these 21 streams, only 5 continue to be occupied by Kentucky arrow darter (see Table 2), 4 of which are considered “vulnerable” (see Table 1). Resource extraction (
Nonpoint-source pollution, originating from mine sites, unpaved roads, all-terrain vehicle (ATV) trails, driveways, logging skid trails, and other disturbed habitats is considered to be a continuing threat to Kentucky arrow darter habitats. Nonpoint-source pollution is caused by rainfall or snowmelt moving over and through the ground as runoff and transporting natural (sediment) and human-made pollutants to lakes, rivers, wetlands, coastal waters, and ground waters. Current laws do not adequately protect the Kentucky arrow darter and its habitats from nonpoint-source pollution because there is limited compliance with existing laws to prevent sediment and other pollutants from entering waterways. For example, forestry operations do not have permitting requirements under the Clean Water Act because there is a silvicultural exemption as long as best management practices (BMPs) are used to help control nonpoint-source pollution (Ryder and Edwards 2006, entire). The Kentucky Forest Conservation Act of 1998 (KRS 149.330–149.355) was developed to regulate timber harvesting operations in Kentucky. It requires that a Master Logger be on-site and in charge of commercial logging operations, and it also requires that all timber harvesting operators use appropriate best management practices (BMPs) for protection of water quality (Stringer and Thompson 2000, pp. 2–3). Without properly installed BMPs, sedimentation occurs as soils are disturbed, the overlying leaf or litter layer is removed, and sediment is carried overland from logging roads, stream crossings, skid trails, and riparian zones during storm events.
Compliance monitoring from May 2014 to May 2015 within counties located in the upper Kentucky River basin indicated that approximately 19 percent of inspected sites (47 sites out of a total of 246 inspected sites) had some kind of compliance issue (
Kentucky State laws and regulations regarding oil and gas drilling are generally designed to protect fresh water resources like the Kentucky arrow darter's habitat, but these regulatory mechanisms do not contain specific provisions requiring an analysis of project impacts to fish and wildlife resources (Kentucky Division of Oil and Gas
In July of 2015, the Office of Surface Mining Reclamation and Enforcement (OSM) published in the
In summary, degradation of habitat for the Kentucky arrow darter is ongoing despite existing regulatory mechanisms. These regulatory mechanisms have been inadequate to reduce or remove the threats to the Kentucky arrow darter.
The disjunct nature of some Kentucky arrow darter populations (Figures 2 and 3, above) restricts the natural exchange of genetic material between populations and makes natural repopulation following localized extirpations of the species arduous without human intervention. The localized nature and small size of many populations also makes them vulnerable to extirpation from intentional or accidental toxic chemical spills, habitat modification, progressive degradation from runoff (nonpoint-source pollutants), natural catastrophic changes to their habitat (
Species that are restricted in range and population size are more likely to suffer loss of genetic diversity due to genetic drift, potentially increasing their susceptibility to inbreeding depression, decreasing their ability to adapt to environmental changes, and reducing the fitness of individuals (Soulé 1980, pp. 157–158; Hunter 2002, pp. 97–101; Allendorf and Luikart 2007, pp. 117–146). It is likely that some of the Kentucky arrow darter populations are below the effective population size required to maintain long-term genetic and population viability (Soulé 1980, pp. 162–164; Hunter 2002, pp. 105–107). The long-term viability of a species is founded on the conservation of numerous local populations throughout its geographic range (Harris 1984, pp. 93–104). These separate populations are essential for the species to recover and adapt to environmental change (Noss and Cooperrider 1994, pp. 264–297; Harris 1984, pp. 93–104). The level of isolation seen in this species makes natural repopulation following localized extirpations virtually impossible without human intervention.
The Intergovernmental Panel on Climate Change (IPCC) concluded that warming of the climate system is unequivocal (IPCC 2014, p. 3). Numerous long-term climate changes have been observed including changes in arctic temperatures and ice, widespread changes in precipitation amounts, ocean salinity, wind patterns and aspects of extreme weather including droughts, heavy precipitation, heat waves, and the intensity of tropical cyclones (IPCC 2014, p. 4). Species that are dependent on specialized habitat types, limited in distribution, or at the extreme periphery of their range may be most susceptible to the impacts of climate change (see 75 FR 48911, August 12, 2010); however, while continued change is certain, the magnitude and rate of change is unknown in many cases.
Climate change has the potential to increase the vulnerability of the Kentucky arrow darter to random catastrophic events (McLaughlin
Estimates of the effects of climate change using available climate models typically lack the geographic precision needed to predict the magnitude of effects at a scale small enough to discretely apply to the range of a given species. However, data on recent trends and predicted changes for Kentucky (Girvetz
There is uncertainty about the specific effects of climate change (and their magnitude) on the Kentucky arrow darter; however, climate change is almost certain to affect aquatic habitats in the upper Kentucky River drainage of Kentucky through increased water temperatures and more frequent droughts (Alder and Hostetler 2013, entire), and species with limited ranges, fragmented distributions, and small population size are thought to be especially vulnerable to the effects of climate change (Byers and Norris 2011, p. 18). Thus, we consider climate change to be a threat to the Kentucky arrow darter.
In summary, we have determined that other natural and manmade factors, such as geographical isolation, small population size, and climate change, are threats to remaining populations of the Kentucky arrow darter across its range. The severity of these threats is high because of the species' reduced range and population size, which result in a reduced ability to adapt to environmental change. Further, our review of the best available scientific and commercial information indicates that these threats are likely to continue or increase in the future.
We have carefully assessed the best scientific and commercial information available regarding the past, present, and future threats to the Kentucky arrow darter. As described in detail above, the Kentucky arrow darter has been extirpated from about 49 percent of its historical range (36 of 74 historical streams), 16 of these extirpations have occurred since the mid-1990s, populations in nearly half of the species' occupied streams are ranked as vulnerable (see Table 1, above), remaining populations are fragmented and isolated, and the species continues to be at risk throughout all of its range due to the immediacy, severity, and scope of threats from three of the five threat factors: habitat degradation and range curtailment (Factor A), inadequacy of existing regulatory mechanisms (Factor D), and other natural or manmade factors affecting its continued existence (Factor E).
Anthropogenic activities such as surface coal mining, logging, oil/gas development, land development, agriculture, and inadequate sewage treatment have all contributed to the degradation of stream habitats within the species' range (Factor A). These land use activities have led to chemical and physical changes to stream habitats that continue to affect the species. Specific stressors include inputs of dissolved solids and elevation of instream conductivity, sedimentation/siltation of stream substrates, turbidity, and inputs of nutrients and organic enrichment. These high magnitude stressors, especially the inputs of dissolved solids and sedimentation, have had profound negative effects on Kentucky arrow darter populations and have been the primary factor in the species' decline. Existing regulatory mechanisms (
The Act defines an endangered species as any species that is “in danger of extinction throughout all or a significant portion of its range” and a threatened species as any species “that is likely to become endangered throughout all or a significant portion of its range within the foreseeable future.” We find that the Kentucky arrow darter meets the definition of a threatened species based on the immediacy, severity, and scope of the threats identified above. The species' overall range has been reduced substantially, most of the species' historical habitat has been degraded, and much of the remaining habitat exists primarily in fragmented patches. Current Kentucky
We find that endangered status is not appropriate for the Kentucky arrow darter because we do not consider the species' threats to be so severe that extinction is imminent. Although threats to the species are ongoing, often severe, and occurring across the range, populations continue to occupy 47 scattered streams, 23 of which appear to support stable populations (see Table 1, above). Additionally, a significant number of extant Kentucky arrow darter populations (49 percent) occur primarily on public lands (
Under the Act and our implementing regulations, a species may warrant listing if it is an endangered or threatened species throughout all or a significant portion of its range. Because we have determined that the Kentucky arrow darter is a threatened species throughout all of its range, no portion of its range can be “significant” for purposes of the definitions of “endangered species” and “threatened species.” See the Final Policy on Interpretation of the Phrase “Significant Portion of Its Range” in the Endangered Species Act's Definitions of “Endangered Species” and “Threatened Species” (79 FR 37577, July 1, 2014).
Conservation measures provided to species listed as endangered or threatened under the Act include recognition, recovery actions, requirements for Federal protection, and prohibitions against certain practices. Recognition through listing results in public awareness and conservation by Federal, State, Tribal, and local agencies; private organizations; and individuals. The Act encourages cooperation with the States and other countries and calls for recovery actions to be carried out for listed species. The protection required by Federal agencies and the prohibitions against certain activities are discussed, in part, below.
The primary purpose of the Act is the conservation of endangered and threatened species and the ecosystems upon which they depend. The ultimate goal of such conservation efforts is the recovery of these listed species, so that they no longer need the protective measures of the Act. Subsection 4(f) of the Act calls for the Service to develop and implement recovery plans for the conservation of endangered and threatened species. The recovery planning process involves the identification of actions that are necessary to halt or reverse the species' decline by addressing the threats to its survival and recovery. The goal of this process is to restore listed species to a point where they are secure, self-sustaining, and functioning components of their ecosystems.
Recovery planning includes the development of a recovery outline shortly after a species is listed and preparation of a draft and final recovery plan. The recovery outline guides the immediate implementation of urgent recovery actions and describes the process to be used to develop a recovery plan. The plan may be revised to address continuing or new threats to the species, as new substantive information becomes available. The recovery plan also identifies recovery criteria for review of when a species may be ready for reclassification from endangered to threatened or for delisting and methods for monitoring recovery progress. Recovery plans also establish a framework for agencies to coordinate their recovery efforts and provide estimates of the cost of implementing recovery tasks. Recovery teams (composed of species experts, Federal and State agencies, nongovernmental organizations, and stakeholders) are often established to develop recovery plans. If the species is listed, a recovery outline, draft recovery plan, and the final recovery plan will be available on our Web site (
Implementation of recovery actions generally requires the participation of a broad range of partners, including other Federal agencies, States, Tribes, nongovernmental organizations, businesses, and private landowners. Examples of recovery actions include habitat restoration (
Although the Kentucky arrow darter is only proposed for listing under the Act at this time, please let us know if you are interested in participating in conservation efforts for this species. Additionally, we invite you to submit any new information on this species whenever it becomes available and any information you may have for conservation planning purposes (see
Section 7(a) of the Act requires Federal agencies to evaluate their actions with respect to any species that is proposed or listed as an endangered or threatened species and with respect to its critical habitat, if any is designated. Regulations implementing this interagency cooperation provision of the Act are codified at 50 CFR part 402. Section 7(a)(4) of the Act requires Federal agencies to confer with the Service on any action that is likely to jeopardize the continued existence of a species proposed for listing or result in destruction or adverse modification of proposed critical habitat. If a species is listed subsequently, section 7(a)(2) of the Act requires Federal agencies to ensure that activities they authorize, fund, or carry out are not likely to
Federal agency actions within the species' habitat that may require conference or consultation or both as described in the preceding paragraph include management and any other landscape-altering activities on Federal lands administered by the USFS; issuance of section 404 Clean Water Act permits by the U.S. Army Corps of Engineers; construction and maintenance of gas pipeline and power line rights-of-way by the Federal Energy Regulatory Commission; Environmental Protection Agency pesticide registration; construction and maintenance of roads or highways by the Federal Highway Administration; and projects funded through Federal loan programs which may include, but are not limited to, roads and bridges, utilities, recreation sites, and other forms of development.
Several conservation efforts are already being undertaken for the Kentucky arrow darter. The Service, in cooperation with KDFWR, KSNPC, U.S. Geological Survey (USGS), KDOW, DBNF, CFI, and The Appalachian Wildlife Foundation, Inc., completed a conservation strategy for the Kentucky arrow darter in 2014 (Service 2014, entire). The strategy was developed as a guidance document that would assist the Service and its partners in their conservation efforts for the species. The strategy is divided into four major sections: (1) Biology and status, (2) listing factors/current threats, (3) current conservation efforts, and (4) conservation objectives/actions. The strategy's first conservation objective addresses current informational needs on the species' biology, ecology, viability, and survey methods, while the remaining three conservation objectives address specific threats facing the species (Factors A, D, and E, respectively).
With respect to the conservation strategy's first objective, several research projects have been initiated that will provide new information on the species' biology and threats (see descriptions in the following paragraphs). These projects include studies on the species' distribution, status, and population size; movement and microhabitat characteristics; genetics; and response to changes in water quality (
As stated above, the Service and USFS recently signed a CCA for the Kentucky arrow darter on the DBNF. About half of the species' extant streams occur on lands owned and managed by the DBNF, so conservation of these populations is essential to the species' recovery, and a DBNF-specific conservation plan is needed to guide those efforts. The CCA is intended to conserve the Kentucky arrow darter on the DBNF by (a) protecting known populations and habitat, (b) reducing threats to its survival, (c) conserving the watersheds and ecosystems on which it depends, and (d) enhancing and/or restoring degraded habitat.
In 2005, KDFWR identified the Kentucky arrow darter as 1 of 251 Species of Greatest Conservation Need (SGCN) in its State Wildlife Action Plan (KDFWR 2005, entire). The species remains a SGCN in the most recent version of the plan (KDFWR 2013, pp. 61–62), which identifies conservation issues (threats), conservation actions, and monitoring strategies for 301 animal species belonging to 1 of 20 terrestrial and aquatic habitat guilds (collection of species that occur in the same habitat). In the original plan, KDFWR developed a priority list of research and survey needs for Kentucky's SGCN. In 2008, KDFWR attempted to address two of these needs by initiating a propagation and reintroduction study for the Kentucky arrow darter through the Service's State Wildlife Program (Ruble
From 2009 to 2011, a total of 145 captive-spawned, juvenile Kentucky arrow darters (originating from brood stock taken from Big Double Creek) were produced by CFI, tagged (Northwest Marine Technologies elastomer tag), and introduced into Sugar Creek, Leslie County, a tributary of the Red Bird River in the DBNF, Redbird District (Thomas and Brandt 2012, pp. 57–64). Attempts to relocate tagged darters in August 2009, October 2009, March 2010, January 2012, and February 2012, were unsuccessful, so KDFWR and CFI made the decision to abandon efforts at Sugar Creek and begin another reintroduction effort at Long Fork, another DBNF stream and tributary of Hector Branch in Clay County.
Since August 2012, a total of 1,447 captive-spawned KADs (about 50–55 mm TL) have been tagged and reintroduced within a 1.5-km (0.9 mi) reach of Long Fork. Monitoring has been conducted on 14 occasions since the initial release using visual searches and seining methods. Tagged darters have been observed during each monitoring event, with numbers increasing from 18 (October 2012) to 86 (August 2013) (Thomas
The Service and KDFWR are working with EKU on a study that is investigating Kentucky arrow darter movements, habitat characteristics, and population size in two DBNF streams, Gilberts Big Creek and Elisha Creek, in Clay and Leslie Counties (Harrel and Baxter 2013, entire). EKU is using PIT-tags and placed antenna systems to monitor intra- and inter-tributary movement patterns in both streams, and they have collected seasonal (Spring, Summer, and Fall of 2013) biotic and abiotic data from 20 100-m (328-ft) reaches to determine habitat use and population density/size for both
• 126 individuals pit-tagged;
• Population estimates for Elisha Creek: 592–1,429 individuals (summer) and 661–1,359 (fall) (range here and below reflects 95 percent confidence intervals);
• Population estimate for Gilberts Big Creek: 175–358 (summer);
• Maximum observed movement: 4,078 m (2.5 mi) (female, downstream in Gilberts Big Creek); and
• Other observed movements (7 individuals): 134 m (439 ft) (upstream), 328 m (1,076 ft) (downstream), 351 (1,151 ft) (upstream), 900 m (2,952 ft) (upstream/downstream), 950 m (3,116 ft) (downstream), 1,282 m (4,028 ft) (downstream) and 1,708 m (5,603 ft) (downstream).
In 2013, KSNPC and the Service initiated a study to investigate the distribution, status, population size, and habitat use of the Kentucky arrow darter within the upper Kentucky River basin. One important aspect of the study was to account for imperfect detection when surveying for the species. Studies that do not account for imperfect detection can often lead to an underestimation of the true proportion of sites occupied by a species and can bias assessments and sampling efforts (MacKenzie
In July 2013, EKU, the Service, and KSNPC initiated a population estimate and microhabitat characterization study on Clemons Fork, Breathitt County. The study was designed to estimate the Kentucky arrow darter's current population size and average density within Clemons Fork and to compare current densities with historical densities reported by Lotrich (1973). Additionally, population densities and habitat parameters will be compared to data from Gilberts Big Creek and Elisha Creek (both DBNF) to aid in delineation of essential habitat characteristics and development and implementation of conservation efforts. Field surveys were completed in August 2013. Data analyses are incomplete, but initial results include a mean density of 9.69 Kentucky arrow darters per sampling reach and a population estimate of 986 to 2,113 darters in Clemons Fork (95 percent confidence intervals). Preliminary findings of this study were presented at the 2013 Southeastern Fishes Council Meeting, Lake Guntersville, Alabama (November 14–15, 2013).
Austin Peay State University is currently working with KDFWR and the Service on the first comprehensive assessment of genetic variation and gene flow patterns across the range of the Kentucky arrow darter (Johansen
Through Service-USGS Quick Response funding, the USGS Leetown Science Center evaluated the relationship between Kentucky arrow darter abundance and stream conductivity in the upper Kentucky River basin (Hitt 2014, entire). Nonlinear regression techniques were used to evaluate significant thresholds and associated confidence intervals for Kentucky arrow darter abundance related to conductivity levels. As a contrast to Kentucky arrow darter, Dr. Hitt also evaluated blackside dace occurrence in this regard. Data for the study were supplied by the Service's Kentucky and Tennessee Field Offices, KDFWR, and KSNPC. Nonlinear regressions indicated a distinct decline in Kentucky arrow darter abundance at 258 µS/cm (95 percent confidence intervals 155–590 µS/cm), above which abundances were negligible. Nonlinear threshold declines for blackside dace were observed at 343 µS/cm, and 95 percent confidence intervals bounded this relationship between 123–632 µS/cm. Boosted regression results indicated that stream conductivity was the strongest predictor in separate analyses of Kentucky arrow darter and blackside dace abundance. Hitt (2014, pp. 7–8) concluded that the similar responses of these ecologically distinct taxa suggest the general importance of this water quality attribute for stream fish ecology in central Appalachia.
Under section 4(d) of the Act, the Service has discretion to issue regulations that we find necessary and advisable to provide for the conservation of threatened wildlife. We may also prohibit by regulation, with respect to threatened wildlife, any act that is prohibited by section 9(a)(1) of the Act for endangered wildlife. Exercising this discretion, the Service has developed general prohibitions that are appropriate for most threatened species at 50 CFR 17.31 and exceptions to those prohibitions at 50 CFR 17.32. While most of the prohibitions of 17.31 and 17.32 are appropriate for the Kentucky arrow darter, we find that some activities that would normally be prohibited under 17.31 and 17.32 are necessary for the conservation of this species because the species could benefit from habitat improvements in first- to third-order streams that are physically degraded (
The 4(d) rule, if approved, will not remove or alter in any way the consultation requirement under section 7 of the Act. However, we expect the 4(d) rule to provide greater certainty to Federal agencies and any third parties (
This proposed 4(d) rule would except from the general prohibitions in 50 CFR 17.32 take incidental to the following activities when conducted within habitats currently occupied by the Kentucky arrow darter. All of the activities listed below must be conducted in a manner that (1) maintains connectivity of suitable Kentucky arrow darter habitats, allowing for dispersal between streams; (2) minimizes instream disturbance by conducting activities during low-flow periods when possible; and (3) maximizes the amount of instream cover that is available for the species:
(1) Channel reconfiguration or restoration projects that create natural, physically stable, ecologically functioning streams (or stream and wetland systems) that are reconnected with their groundwater aquifers (Parola and Biebighauser 2011, pp. 8–13; Parola and Hansen 2011, pp. 2–7; Floyd
(2) Bank stabilization projects that utilize bioengineering methods outlined in Kentucky Environmental and Public Protection Cabinet and Kentucky Transportation Cabinet (2005, pp. 116–128) to replace pre-existing, bare, eroding stream banks with vegetated, stable stream banks, thereby reducing bank erosion and instream sedimentation and improving habitat conditions for the species. Following these methods, stream banks may be stabilized using live stakes (live, vegetative cuttings inserted or tamped into the ground in a manner that allows the stake to take root and grow), live fascines (live branch cuttings, usually willows, bound together into long, cigar shaped bundles), or brush layering (cuttings or branches of easily rooted tree species layered between successive lifts of soil fill). These methods would not include the sole use of quarried rock (rip-rap) or the use of rock baskets or gabion structures.
(3) Bridge and culvert replacement/removal projects that remove migration barriers (
(4) Repair and maintenance of USFS concrete plank stream crossings on the DBNF that allow for safe vehicle passage while maintaining instream habitats, reducing bank and stream bed erosion and instream sedimentation, and improving habitat conditions for the species. These concrete plank crossings have been an effective stream crossing structure on the DBNF and have been used for decades. Over time, the planks can be buried by sediment, undercut during storm events, or simply break down and decay. If these situations occur, the DBNF must make repairs or replace the affected plank.
We believe these actions and activities, while they may have some minimal level of mortality, harm, or disturbance to the Kentucky arrow darter, are not expected to adversely affect the species' conservation and recovery efforts. In fact, we expect they would have a net beneficial effect on the species. Across the species' range, instream habitats have been degraded physically by sedimentation and by direct channel disturbance. The activities proposed in this rule will correct some of these problems, creating more favorable habitat conditions for the species. Like the proposed listing rule, this proposed 4(d) rule will not be finalized until we have reviewed comments from the public and peer reviewers.
Based on the rationale above, the provisions included in this proposed 4(d) rule are necessary and advisable to provide for the conservation of the Kentucky arrow darter. Nothing in this proposed 4(d) rule would change in any way the recovery planning provisions of section 4(f) of the Act, the consultation requirements under section 7 of the Act, or the ability of the Service to enter into partnerships for the management and protection of the Kentucky arrow darter.
We may issue permits to carry out otherwise prohibited activities involving threatened wildlife under certain circumstances. Regulations governing permits are codified at 50 CFR 17.32. With regard to threatened wildlife, a permit may be issued for scientific purposes, to enhance the propagation or survival of the species, economic hardship, zoological exhibition, educational purposes, and for incidental take in connection with otherwise lawful activities. There are also certain statutory exemptions from the prohibited activities, which are found in sections 9 and 10 of the Act.
It is our policy, as published in the
(1) Normal agricultural and silvicultural practices, including herbicide and pesticide use, which are carried out in accordance with any existing regulations, permit and label
(2) Surface coal mining and reclamation activities conducted in accordance with the 1996 Biological Opinion between the Service and OSM.
However, we believe the following activities may potentially result in a violation of section 9 of the Act, although this list is not comprehensive:
(1) Unauthorized collecting or handling of the species.
(2) Destruction or alteration of the habitat of the Kentucky arrow darter (
(3) Discharges or dumping of toxic chemicals, contaminants, or other pollutants into waters supporting the Kentucky arrow darter that kills or injures individuals, or otherwise impairs essential life-sustaining behaviors such as breeding, feeding, or sheltering.
Questions regarding whether specific activities would constitute a violation of section 9 of the Act should be directed to the Kentucky Ecological Services Field Office (see
We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us comments by one of the methods listed in the
We have determined that environmental assessments and environmental impact statements, as defined under the authority of the National Environmental Policy Act, need not be prepared in connection with listing a species as an endangered or threatened species under the Endangered Species Act. We published a notice outlining our reasons for this determination in the
A complete list of references cited in this rulemaking is available on the Internet at
The primary authors of this proposed rule are the staff members of the Kentucky Ecological Services Field Office.
Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation.
Accordingly, we propose to amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below:
16 U.S.C. 1361–1407; 1531–1544; and 4201–4245, unless otherwise noted.
(h) * * *
(p) Kentucky arrow darter (
(1)
(2)
(ii) Incidental take of the Kentucky arrow darter will not be considered a violation of section 9 of the Act if the take results from any of the following when conducted within habitats currently occupied by the Kentucky arrow darter:
(A) Channel reconfiguration or restoration projects that create natural, physically stable, ecologically functioning streams (or stream and
(B) Bank stabilization projects that utilize bioengineering methods outlined in Kentucky Environmental and Public Protection Cabinet and Kentucky Transportation Cabinet (2005, pp. 116–128) to replace pre-existing, bare, eroding stream banks with vegetated, stable stream banks, thereby reducing bank erosion and instream sedimentation and improving habitat conditions for the species. Following these methods, stream banks may be stabilized using live stakes (live, vegetative cuttings inserted or tamped into the ground in a manner that allows the stake to take root and grow), live fascines (live branch cuttings, usually willows, bound together into long, cigar shaped bundles), or brush layering (cuttings or branches of easily rooted tree species layered between successive lifts of soil fill). These methods would not include the sole use of quarried rock (rip-rap) or the use of rock baskets or gabion structures.
(C) Bridge and culvert replacement/removal projects that remove migration barriers (
(D) Repair and maintenance of USFS concrete plank stream crossings on the DBNF that allow for safe vehicle passage while maintaining instream habitats, reducing bank and stream bed erosion and instream sedimentation, and improving habitat conditions for the species. These concrete plank crossings have been an effective stream crossing structure on the DBNF and have been used for decades. Over time, the planks can be buried by sediment, undercut during storm events, or simply break down and decay. If these situations occur, the DBNF must make repairs or replace the affected plank.