**Number range CHAPTERQUESTIONS AND ANSWERS ABOUT THE PROPOSED**

**CRITICAL HABITAT DESIGNATION FOR THE ARKANSAS RIVER SHINER**

*Last update: 9-30 -2004*

**Q: What is the** **Arkansas River shiner?**

**A:** The Arkansas River shiner is a small, robust minnow with a small,
dorsally flattened head, rounded snout, and small subterminal mouth.
Dorsal coloration tends to be light tan, with silvery sides gradually
grading to white on the belly. There is usually a small, dark chevron
located at the base of the caudal fin. The Arkansas River Basin
population of the Arkansas River shiner was listed as threatened in
1998.

**Q: What is** **Arkansas River shiner habitat?**

**A:** The Arkansas River shiner historically inhabited the main
channels of wide, shallow, sandy-bottomed rivers and larger streams of
the Arkansas River basin. Adults are uncommon in quiet pools or
backwaters, and almost never occur in tributaries having deep water and
bottoms of mud or stone. Like most fishes occurring in the highly
variable environments of plains streams, they use a broad range of
microhabitat features. Recurrent natural flooding is important in
maintaining their habitat and also helps them maintain a competitive
edge over invading non-native aquatic species. The species needs more
than 130 miles of unimpounded, flowing water to successfully complete
its reproductive cycle.

**Q: What is critical habitat?**

**A:** Critical habitat is defined as areas of land and water with
physical and biological features essential to the conservation of a
threatened or endangered species, and which may require special
management considerations or protection.

**Q: How does critical habitat affect my private land?**

**A:** Consultation requirements triggered by designation of critical
habitat do [not]{.underline} apply to private actions on private lands
that do not require a Federal permit or are not Federally funded or
implemented. Critical habitat designations only apply to Federal lands
or federally funded or permitted activities on non-federal lands.

**Q: Does a \'critical habitat\' designation mean an area is considered
a wildlife refuge or sanctuary?**

**A:** No. Critical habitat was not designated to stop development or to
establish a nature preserve. Critical habitat designation identifies
areas that are important to the conservation of federally listed
threatened or endangered species. Section 7 of the ESA requires Federal
agencies to consult with the Fish and Wildlife Service on any of their
actions that may affect areas designated as critical habitat. The
Service can then recommend ways to minimize or compensate for any
adverse effects.

**Q: What has the Service proposed for designation as critical habitat
for the Arkansas River shiner?**

**A:** The Service is proposing to designate as critical habitat a total
of approximately 1,244 miles of linear distance of rivers, including 300
feet of adjacent riparian areas measured laterally from each bank. The
areas that we have determined to be essential to the conservation of the
Arkansas River shiner include portions of the Canadian River (often
referred to as the South Canadian River) in New Mexico, Texas, and
Oklahoma, the Beaver/North Canadian River of Oklahoma, the Cimarron
River in Kansas and Oklahoma, and the Arkansas River in Arkansas,
Kansas, and Oklahoma.

> In developing this proposal, we evaluated those lands determined to be
> essential to the conservation of the Arkansas River shiner to
> ascertain if any specific areas would be appropriate for exclusion
> from the final critical habitat designation pursuant to section
> 4(b)(2) of the Act. On the basis of our preliminary evaluation, we
> believe that the benefits of excluding the Beaver/North Canadian River
> of Oklahoma (Unit 2) and the Arkansas River in Arkansas, Kansas, and
> Oklahoma (Unit 4), from the final critical habitat for the Arkansas
> River shiner outweigh the benefits of their inclusion.
>
> Specific critical habitat areas are identified and mapped in the
> October 6, 2004, *Federal Register* Proposed Rule.

**Q: How does the Service determine what areas to designate?**

**A:** The Service considers the physical or biological features needed
for survival, conservation and recovery of a species. These include but
are not limited to:

-   space for individual and population growth, and for normal behavior;

-   cover, food, water, and other nutritional/physiological
    requirements; and

-   sites for breeding and rearing offspring.

> Such habitats have been determined to be essential to the conservation
> of the species and often may require special management considerations
> or protection. The Service also determined where significant threats
> exist and therefore which areas would benefit most from protection
> provided by critical habitat designation.

**Q: What habitat considerations has the Service evaluated in the
determination to designate critical habitat for the Arkansas River
shiner?**

**A:** Critical habitat should be in river reaches of sufficient size to
provide appropriate habitat so that Arkansas River shiner populations
large enough to be self-sustaining over time, despite fluctuations in
habitat conditions. These reaches must exhibit sufficient connectivity
so that the Arkansas River shiner can move between areas, at least
during certain flows or seasons, and permit successful development of
eggs, larvae, and juveniles of the species.

> Critical habitat areas by definition require \"special management
> considerations and protections.\" A relatively intact riparian zone,
> along with periodic flooding in a relatively natural pattern, is
> important for long-term survival and recovery of the Arkansas River
> shiner. Among other factors, the riparian zone and associated
> vegetation provide space for natural flooding patterns, latitude for
> necessary natural channel adjustments to maintain appropriate channel
> morphology and geometry. They also provide nutrient input and
> buffering from sediment and pollutants, store water for slow release
> to maintain base flows, and provide protected side channel and
> backwater habitats for larval and juvenile Arkansas River shiners.

**Q: Has the Service proposed designation of all historically occupied
habitat as Arkansas River shiner critical habitat?**

**A**: No. It has only designated a portion of the habitat that the
Service considers essential for the conservation and recovery of the
species and in need of special management or protection. The 1998
listing rule for the Arkansas River shiner conservatively estimated that
at least 2,450 miles of habitat within the species' range was occupied
historically. This proposal involves approximately 50 percent of that
total and likely is a conservative estimate considering this figure does
not take into account probable occupancy of smaller tributaries in the
Arkansas River Basin. In addition, we anticipate excluding the
Beaver/North Canadian River of Oklahoma and the Arkansas River in
Arkansas, Kansas, and Oklahoma from the final proposed designation.
Considering the amount of historically occupied habitat that occurred in
the smaller tributaries, the amount being considering for the final
critical habitat designation is much less than 50 percent of the
historic total. Although the proposed designation encompasses about half
of the historical range of the species, we believe that conservation
within the proposed areas can secure the long-term survival and recovery
of this species.

**Q: Do all listed species have critical habitat designated for them?**

**A:** No. The Service does not designate critical habitat if doing so
would jeopardize the species or make it susceptible to collection. To
qualify as critical habitat, an area must contain the physical and
biological elements essential to the species, and be in need of special
management or protection. Any final critical habitat decision will be
the result of reevaluation of the habitat needs of the Arkansas River
shiner, National Environmental Policy Act review, compliance with
Executive Orders, public and industry comments, and local and regional
economic analyses.

**Q: Where does the Arkansas River shiner occur today?**

**A:** Current known distribution for Arkansas River shiner is almost
entirely restricted to about 508 miles of the Canadian/South Canadian
River in New Mexico, Texas and Oklahoma. A small population still
persists in the Cimarron River, based on the recent collection of eight
individuals in 2004. A remnant population also may persist in the
Beaver/North Canadian River of Oklahoma, based on collection of only
four individuals since 1990.

> A non-native, introduced population occurs in the Pecos River in New
> Mexico; however, this population is not protected under the Endangered
> Species Act. Critical habitat is not being considered for the Arkansas
> River shiner in the Pecos River.

**Q: What was the historic range of the Arkansas River shiner?**

**A:** The Arkansas River shiner was know to inhabit most of the major
rivers in the Arkansas River Basin, including several of the larger and
smaller tributaries in Arkansas, Kansas, New Mexico, and Texas. Arkansas
River shiners were fairly common throughout most of this system, with
the possible exception of Arkansas. The species is no longer believed to
occur in Arkansas.

**Q: Has a recovery plan been prepared for the Arkansas River shiner?**

**A:** No. A plan has not been developed due to funding and personnel
constraints related largely to unanticipated litigation support
activities; however, the Service intends to begin preparing a draft
recovery plan soon. Service policy encourages active participation from
the scientific community, local, State, and Federal agencies, Tribal
governments, organizations, landowners and other interested parties in
the development and implementation of recovery plans. Local community
support and the cooperation of private landowners is essential to fully
conserve and recover listed species, and we will work closely with
stakeholders in the management and recovery of the Arkansas River shiner
to ensure that the concerns of local governments, citizens, and others
are considered.

> The recovery plan will contain reasonable actions to conserve and
> recover listed species. It may also address measures specifically
> mentioned during the comment period.

**Q: Of what lasting value is the Arkansas River shiner?**

**A:** Congress passed the Endangered Species Act as a means of
safeguarding fish and wildlife resources for the public good. Congress
found that fish, wildlife, and plants are intrinsically valuable to the
Nation and its people for reasons of aesthetic, economic, ecological,
educational, historical, recreational, and scientific value. Aldo
Leopold, an originator of modern natural resources management, may have
articulated the best response to a similar question: "The first rule of
intelligent tinkering is to not discard any of the parts. In fact, these
parts \-- our natural resources \-- are valuable indicators of the
health of the environment. Rare, threatened, and endangered species are
symptoms of an unhealthy environment, and they forewarn us that our
health and future well-being may be in danger from some of the same
threats."

**Q: Hasn't critical habitat for the Arkansas River Basin population of
the Arkansas River shiner already been designated?**

**A:** Yes. The final rule listing the Arkansas River Basin population
of the Arkansas River shiner was published in the *Federal Register* on
April 4, 2001. However, per a September 2003, order ([New Mexico Cattle
Growers Association *et al*. v. Norton]{.underline}, Civ. No. 02-461
LH/RHS D.N.M) critical habitat was vacated and the Service was ordered
to complete a proposed rulemaking to redesignate critical habitat by
September 30, 2004.

**Q: In the final rule listing the Arkansas River Basin population of
the Arkansas River shiner, critical habitat was not designated for the
species, why was it designated in 2001?**

**A:** Per a settlement agreement approved by the court on February 16,
2000, ([Center for Biological Diversity v. Bruce Babbitt, et
al.]{.underline}, C99-3202 SC (N.D. Cal.)), the Service agreed to
reconsider the question of whether critical habitat would be prudent;
and, if designation of critical habitat was found to be prudent, we
would subsequently propose designation of critical habitat for the
Arkansas River Basin population of the Arkansas River shiner by June 23,
2000. Upon further consideration, the Service determined that
designation of critical habitat could be beneficial to the conservation
and recovery of the species.

**Q:** **Will livestock grazing be affected by critical habitat
designation?**

**A:** No. Critical habitat does not apply to private actions that do
not require Federal funds, permits or actions.

While the Service may recommend fencing of certain riparian zones to
avoid potential water quality degradation, implementation or
construction would be voluntary. Best grazing management practices are
compatible with many natural resource objectives and likely do not
degrade the riparian zone. Excluding livestock from riparian zones is
but one means of conserving water quality. The Service and other Federal
and State agencies offer programs to assist ranchers and other
landowners in implementing measures for habitat restoration and
improvement. These programs provide funding and technical assistance to
interested landowners wanting to restore degraded areas through such
activities as fencing to facilitate rotational grazing systems and
exclude livestock from streams, providing alternative water sources, and
planting filter strips\--measures that many landowners may not otherwise
be able to afford.

**Q: Will designation of critical habitat force regulation of surface or
groundwater?**

**A:** No. Authority or jurisdiction over the regulation of surface or
groundwater belongs to various State agencies. The Service supports and
encourages the States in their efforts to increase water use efficiency
and improve conservation of surface and groundwater. Voluntary
conservation of water resources is believed to be more effective in
recovery efforts for the shiner than additional restrictions on
withdrawals. Groundwater management districts in the Texas High Plains
have aggressively encouraged implementation of water-saving technologies
that have minimized annual depletion. Conservation of the High Plains
aquifer, and the resulting benefits to stream flow within the Arkansas
River Basin, cannot occur without the full participation of the States.
Management of invasive plant species such as salt cedar also can result
in the conservation of stream flow and shiner habitat.

**Q:** **Why was the Arkansas River basin population of the Arkansas
River shiner listed as threatened species?**

**A:** The Arkansas River shiner is in danger of extinction in the
foreseeable future. Survival of the species is threatened by habitat
destruction and modification from stream dewatering or depletion due to
diversion of surface water and groundwater pumping, construction of
impoundments, and water quality degradation. Competition with the
non-indigenous Red River shiner *Notropis bairdi* also contributed to
diminished distribution and abundance in the Cimarron River. Incidental
capture of the Arkansas River shiner during pursuit of commercial bait
fish species also may contribute to reduced population sizes. Drought
and other natural factors also threaten the existence of the species.

**Q: What can a landowner do to enhance habitat for the** **Arkansas
River shiner?**

**A:** The Service provides assistance to landowners who want to improve
or restore habitat on their property through the Partners for Fish and
Wildlife Program. Other State and Federal agencies also offer financial
and technical assistance programs to landowners for habitat improvement
projects. Restoration of prairie stream characteristics, adequate flows
and management of invasive plant and animal species are key to providing
and maintaining suitable shiner habitat.