The diamond darter, a freshwater fish native to West Virginia, is threatened by coal mining, oil and gas development, erosion, timber harvesting and poor wastewater treatment, federal officials announced Wednesday.
The U.S. Fish and Wildlife Service proposed Friday that the diamond darter be protected as endangered under the Endangered Species Act. The USFWS said that 123 miles of river in West Virginia and Kentucky would be established as critical habitat.
"This small fish, named for its sparkling reflections, could once be found along the southern Appalachians, but years of changes from dams and channeling restricted this native fish to one stream along the Elk River in West Virginia," an e-mail from the USFWS states. "Coal mining, oil and gas development, erosion, timber harvesting and poor wastewater treatment could make river waters unlivable for the diamond darter. The designation of critical habitat is for purposes of consultation with other federal agencies."
The fish is a member of the perch family and has apparently been restricted to one stream along the Elk River in West Virginia. The USFWS says fewer than 50 of the fish have collected from the river in the past 30 years.
"The protection of the diamond darter under the Endangered Species Act would help keep the extraordinary abundance of native life flowing through West Virginia's Elk River," said Deb Carter, the Service's West Virginia Field Office supervisor. "The river is one of the state's most ecologically diverse, but its waters face pervasive threats from coal mining, oil and gas development, erosion, timber harvesting and poor wastewater treatment."
The fish, the agency says, is an indicator species and could signal healthy waters for the proliferation of other fish such as bass or musky. Several factors go into the Endangered Species Act classification, but according to the USFWS, the darter is most threatened by the "destruction, change or limitation of its habitat."
The areas proposed to be designated as critical habitats include areas of Kanawha and Clay counties and Edmonson, Hart and Green counties in Kentucky. The designation would require other federal agencies, such as the Environmental Protection Agency or the U.S. Army Corps of Engineers, both involved in coal mining permits, to consider protection of the species.
The designation, the news release states, would not set up a preserve, but it would affect any project where federal funding, permitting or federal authorization is involved.
According to the USFWS definition of critical habitats, it would appear that any permitting in the area in which federal agencies are involved, such as surface mine permits, would require consultation with the USFWS.
"Only activities that involve a federal permit, license or funding and are likely to destroy or adversely modify the area of a critical habitat will be affected," material from USFWS states. "If this is this case, we will work with the federal agency, and where appropriate, private or other landowners to amend their project to allow it to proceed without adversely affecting the critical habitat."
Federal agencies are supposed to consult with the USFWS, even in areas not designated as critical habitats. The USFWS states economic impact of the designation is typically minimal.
"Most activities that require a Federal agency to consult with us can proceed," material from the USFWS states. "If modification of the project is necessary, it is likely that those changes would have been needed anyway, in order to avoid jeopardy. However, in areas where the species is not currently present, there may be some project modifications that would not have occurred without the critical habitat designation."
Designating an area as a critical habitat will require an economic analysis of the impact of doing so. If economics outweigh benefits of protection, the project will be given authority to proceed by the USFWS unless that project results in the extinction of the species.
The proposal is open to public comment on the proposal through September 24. The Fish and Wildlife Service will consider all comments prior to publishing a final determination.
A map of proposed critical habitat is available here: http://www.fws.gov/westvirginiafieldoffice/PDF/20120720_DiamondDarter_PLCH_MapCoordinates.pdf
Comments may be submitted through the following methods:
- Federal Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting information on docket number FWS–R5–ES–2012–0045.
- U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS–R5–ES–2012–0045; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, Virginia 22203.
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