StacksVerified U.S. regulatory reference

50 CFR §17.95

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
  1. (a)Mammals.
  2. (b)Birds.
  3. (c)Reptiles.
  4. (d)Amphibians.
    1. (1)Critical habitat units are depicted for Craven, Durham, Edgecombe, Franklin, Granville, Greene, Halifax, Johnston, Jones, Lenoir, Nash, Orange, Person, Pitt, Wake, Warren, Wayne, and Wilson Counties, North Carolina, on the maps in this entry.
    2. (2)Within these areas, the physical or biological features essential to the conservation of Neuse River waterdog consist of the following components:
      1. (i)Suitable substrates and connected instream habitats, characterized by geomorphically stable stream channels and banks (i.e., channels that maintain lateral dimensions, longitudinal profiles, and sinuosity patterns over time without an aggrading or degrading bed elevation) with habitats that support a diversity of native aquatic fauna (such as stable riffle-run-pool habitats that provide flow refuges consisting of silt-free gravel, small cobble, coarse sand, and leaf litter substrates) as well as abundant cover and burrows used for nesting.
      2. (ii)Adequate flows, or a hydrologic flow regime (which includes the severity, frequency, duration, and seasonality of discharge over time), necessary to maintain instream habitats where the species is found and to maintain connectivity of streams with the floodplain, allowing the exchange of nutrients and sediment for maintenance of the waterdog's habitat, food availability, and ample oxygenated flow for spawning and nesting habitat.
      3. (iii)Water quality (including, but not limited to, conductivity, hardness, turbidity, temperature, pH, ammonia, heavy metals, and chemical constituents) necessary to sustain natural physiological processes for normal behavior, growth, and viability of all life stages.
      4. (iv)Invertebrate and fish prey items, which are typically hellgrammites, crayfish, mayflies, earthworms, snails, beetles, centipedes, slugs, and small fish.
    3. (3)Critical habitat does not include manmade structures (such as buildings, aqueducts, runways, roads, and other paved areas) and the land on which they are located existing within the legal boundaries on July 9, 2021.
    4. (4)Critical habitat map units. Data layers defining map units were created by overlaying Natural Heritage Element Occurrence data and U.S. Geological Survey (USGS) hydrologic data for stream reaches. The hydrologic data used in the critical habitat maps were extracted from the USGS 1:1M scale nationwide hydrologic layer (https://nationalmap.gov/small_scale/mld/1nethyd.html) with a projection of EPSG:4269-NAD83 Geographic. The North Carolina Natural Heritage program's species presence data were used to select specific stream segments for inclusion in the critical habitat layer. The maps in this entry, as modified by any accompanying regulatory text, establish the boundaries of the critical habitat designation. The coordinates or plot points or both on which each map is based are available to the public at http://www.regulations.gov under Docket No. FWS-R4-ES-2018-0092 and at the field office responsible for this designation. You may obtain field office location information by contacting one of the Service regional offices, the addresses of which are listed at 50 CFR 2.2.
    5. (5)Note: Index map follows:
    6. (6)Unit 1: TAR1-Upper Tar River, Granville County, North Carolina.
      1. (i)This unit consists of 12.3 river miles (19.8 river kilometers) of the Upper Tar River from approximately SR1004 (Old NC 75) downstream to SR1622 (Cannady's Mill Road). Unit 1 includes stream habitat up to bankfull height.
      2. (ii)Map of Unit 1 follows:
    7. (7)Unit 2: TAR2-Upper Fishing Creek, Warren County, North Carolina.
      1. (i)This unit consists of 10.5 miles (17 kilometers) of Upper Fishing Creek from SR1118 (No Bottom Drive) downstream to NC58. Unit 2 includes stream habitat up to bankfull height.
      2. (ii)Map of Unit 2 follows:
    8. (8)Unit 3: TAR3-Bens Creek, Warren County, North Carolina.
      1. (i)This unit consists of 2 miles (3.2 km) of Bens Creek beginning approximately one mile upstream and ending approximately one mile downstream of SR1509 (Odell-Littleton Road). Unit 3 includes stream habitat up to bankfull height.
      2. (ii)Map of Unit 3 follows:
    9. (9)Unit 4: TAR4a-Fishing Creek Subbasin, Edgecombe, Halifax, Nash, and Warren Counties, North Carolina; Unit 5: TAR4b-Sandy/Swift Creek, Edgecombe, Franklin, Nash, and Warren Counties, North Carolina; Unit 6: TAR4c-Middle Tar River Subbasin, Edgecombe, Franklin, and Nash Counties, North Carolina; and Unit 7: TAR4d-Lower Tar River Subbasin, Edgecombe and Pitt Counties, North Carolina.
      1. (i)Units 4, 5, 6, and 7 include stream habitat up to bankfull height.
      2. (ii)Unit 4 consists of 82.8 miles (133.3 km) of lower Little Fishing Creek approximately 1.6 miles (2.6 km) upstream of SR1214 (Silvertown Rd) downstream to the confluence with Fishing Creek, and including the mainstem of Fishing Creek from the Warren/Halifax County line to the confluence with the Tar River in Edgecombe County.
      3. (iii)Unit 5 consists of 72.5 miles (116.8 kilometers) of Sandy Creek downstream of SR 1451 (Leonard Road) to the confluence with the Tar River, including Red Bud Creek downstream of the Franklin/Nash county line to the confluence with Swift Creek.
      4. (iv)Unit 6 consists of 111 miles (179 kilometers) of the Middle Tar River from upstream of Highway 401 downstream to the confluence with Fishing Creek, including Stony Creek below SR1300 (Boddies' Millpond Rd), downstream to the confluence with the Tar River.
      5. (v)Unit 7 consists of 59.9 miles (96.3 kilometers) in the Lower Tar River Subbasin from the confluence with Fishing Creek downstream to the confluence with Barber Creek near SR1533 (Port Terminal Road). This unit includes portions of Town Creek below NC111 to the confluence with the Tar River, Otter Creek below SR1251 to the confluence with the Tar River, and Tyson Creek below SR1258 to the confluence with the Tar River.
      6. (vi)Map of Units 4, 5, 6, and 7 follows:
    10. (10)Unit 8: NR1-Eno River, Durham and Orange Counties, North Carolina.
      1. (i)This unit consists of 43.9 miles (70.6 kilometers) of the Eno River from NC86 downstream to the inundated portion of Falls Lake. Unit 8 includes stream habitat up to bankfull height.
      2. (ii)Map of Unit 8 follows:
    11. (11)Unit 9: NR2-Flat River, Durham and Person Counties, North Carolina.
      1. (i)This unit consists of 15.2 miles (24.5 kilometers) of the Flat River from SR1739 (Harris Mill Road) downstream to the inundated portion of Falls Lake. Unit 9 includes stream habitat up to bankfull height.
      2. (ii)Map of Unit 9 follows:
    12. (12)Unit 10: NR3-Middle Creek, Johnston and Wake Counties, North Carolina.
      1. (i)This unit consists of 30.8 miles (49.6 km) of Middle Creek from Southeast Regional Park downstream to the confluence with Swift Creek. Unit 10 includes stream habitat up to bankfull height.
      2. (ii)Map of Unit 10 follows:
    13. (13)Unit 11: NR4-Swift Creek, Johnston County, North Carolina.
      1. (i)This unit consists of 24 miles (38.6 kilometers) of Swift Creek from NC42 downstream to the confluence with the Neuse River. Unit 11 includes stream habitat up to bankfull height.
      2. (ii)Map of Unit 11 follows:
    14. (14)Unit 12: NR5a-Little River, Franklin, Johnston, Wake, and Wayne Counties, North Carolina; Unit 13: NR5b-Mill Creek, Johnston and Wayne Counties, North Carolina; and Unit 14: NR5c-Middle Neuse River, Wayne County, North Carolina.
      1. (i)Units 12, 13, and 14 include stream habitat up to bankfull height.
      2. (ii)Unit 12 consists of 90.8 miles (146.1 kilometers) of the Little River from near NC96 in Wake County downstream to the confluence with the Neuse River, including Buffalo Creek from NC39 to the confluence with the Little River.
      3. (iii)Unit 13 consists of 20.8 miles (33.5 kilometers) of Mill Creek from upstream of US701 downstream to the confluence with the Neuse River.
      4. (iv)Unit 14 consists of 43.2 miles (69.5 kilometers) of the Middle Neuse River from the confluence with Mill Creek downstream to the Wayne/Lenoir County line.
      5. (v)Map of Units 12, 13, and 14 follows:
    15. (15)Unit 15: NR6-Contentnea Creek/Lower Neuse River Subbasin, Craven, Greene, Lenoir, Pitt, Wayne, and Wilson Counties, North Carolina.
      1. (i)This unit consists of 114.8 miles (184.8 kilometers) of Contentnea Creek from NC581 downstream to its confluence with the Neuse River, Nahunta Swamp from the Wayne/Greene County line to the confluence with Contentnea Creek, and the Neuse River from the confluence with Contentnea Creek to the confluence with Pinetree Creek. Unit 15 includes stream habitat up to bankfull height.
      2. (ii)Map of Unit 15 follows:
    16. (16)Unit 16: NR7-Swift Creek (Lower Neuse), Craven County, North Carolina.
      1. (i)This unit consists of 10.3 miles (16.5 rier kilometers) of Swift Creek from SR1931 (Beaver Camp Rd) downstream to SR1440 (Streets Ferry Rd). Unit 16 includes stream habitat up to bankfull height.
      2. (ii)Map of Unit 16 follows:
    17. (17)Unit 17: TR1-Trent River, Jones County, North Carolina.
      1. (i)This unit consists of 32.5 miles (52.4 kilometers) of Beaver Creek from SR1316 (McDaniel Fork Rd) to the confluence with the Trent River, and Trent River from the confluence with Poplar Branch downstream to SR1121 (Oak Grove Rd) crossing at the Marine Corps Cherry Point property. Unit 17 includes stream habitat up to bankfull height.
      2. (ii)Map of Unit 17 follows:
    18. (18)Unit 18: TR2-Tuckahoe Swamp, Jones County, North Carolina.
      1. (i)This unit consists of 2 miles (3.2 km) of Tuckahoe Swamp in Jones County, North Carolina. Unit 18 begins upstream of SR1142 (Weyerhaeuser Road) to the confluence with the Trent River. Unit 18 includes stream habitat up to bankfull height.
      2. (ii)Map of Unit 18 follows:
  5. (e)Fishes.
  6. (f)Clams and Snails.
    1. (1)The critical habitat unit is depicted for Maui County, Hawaii, on the map below.
    2. (2)Primary constituent elements. In unit 1, the primary constituent elements of critical habitat for the Newcomb's tree snail are:
      1. (i)Elevation: Less than 3,300 ft (1,000 m).
      2. (ii)Annual precipitation: Greater than 75 in (190 cm).
      3. (iii)Substrate: Clays; ashbeds; deep, well-drained soils; lowland bogs.
      4. (iv)Canopy: Antidesma, Metrosideros, Myrsine, Pisonia, Psychotria.
      5. (v)Subcanopy: Cibotium, Claoxylon, Kadua, Melicope.
      6. (vi)Understory: Alyxia, Cyrtandra, Dicranopteris, Diplazium, Machaerina, Microlepia.
    3. (3)Existing manmade features and structures, such as buildings, roads, railroads, airports, runways, other paved areas, lawns, and other urban landscaped areas, do not contain one or more of the physical or biological features. Federal actions limited to those areas, therefore, would not trigger a consultation under section 7 of the Act unless they may affect the species or physical or biological features in adjacent critical habitat.
    4. (4)Critical habitat map. Map was created in GIS, with coordinates in UTM Zone 4, units in meters using North American datum of 1983 (NAD 83).
    5. (5)Newcombia cumingi—Unit 1—Lowland Wet-Maui, Maui County, Hawaii (65 ac, 26 ha). This unit is critical habitat for the Newcomb's tree snail, Newcombia cumingi. Map of Newcombia cumingi—Unit 1—Lowland Wet-Maui follows:
  7. (g)Arachnids.
  8. (h)Crustaceans.
  9. (i)Insects.
    1. (1)Critical habitat units are designated for Cerro Gordo, Dickinson, Emmet, Howard, Kossuth, and Osceola Counties in Iowa; in Hilsdale, Jackson, Lenawee, Livingston, Oakland, and Washtenaw Counties in Michigan; Chippewa, Clay, Cottonwood, Douglas, Kittson, Lac Qui Parle, Lincoln, Lyon, Mahnomen, Murray, Norman, Pipestone, Polk, Pope, Swift, and Wilkin Counties in Minnesota; Richland County in North Dakota; Brookings, Day, Deuel, Grant, Marshall, Moody, and Roberts Counties in South Dakota; and Green Lake and Waukesha Counties in Wisconsin, on the maps below.
    2. (2)Within these areas, the primary constituent elements of the physical or biological features essential to the conservation of Poweshiek skipperling consist of four components:
      1. (i)Primary Constituent Element 1—Wet-mesic to dry tallgrass remnant untilled prairies or remnant moist meadows containing:
        1. (A)A predominance of native grasses and native flowering forbs;
        2. (B)Undisturbed (untilled) glacial soil types including, but not limited to, loam, sandy loam, loamy sand, gravel, organic soils (peat), or marl that provide the edaphic features conducive to Poweshiek skipperling larval survival and native-prairie vegetation;
        3. (C)If present, depressional wetlands or low wet areas, within or adjacent to prairies that provide shelter from high summer temperatures and fire;
        4. (D)If present, trees or large shrub cover less than 5 percent of area in dry prairies and less than 25 percent in wet-mesic prairies and prairie fens; and
        5. (E)If present, nonnative invasive plant species occurring in less than 5 percent of area.
      2. (ii)Primary Constituent Element 2—Prairie fen habitats containing:
        1. (A)A predominance of native grasses and native flowering forbs;
        2. (B)Undisturbed (untilled) glacial soil types including, but not limited to, organic soils (peat), or marl that provide the edaphic features conducive to Poweshiek skipperling larval survival and native-prairie vegetation;
        3. (C)Depressional wetlands or low wet areas, within or adjacent to prairies that provide shelter from high summer temperatures and fire;
        4. (D)Hydraulic features necessary to maintain prairie fen groundwater flow and prairie fen plant communities;
        5. (E)If present, trees or large shrub cover less than 25 percent of the unit; and
        6. (F)If present, nonnative invasive plant species occurring in less than 5 percent of area.
      3. (iii)Primary Constituent Element 3—Native grasses and native flowering forbs for larval and adult food and shelter, specifically:
        1. (A)At least one of the following native grasses available to provide larval food and shelter sources during Poweshiek skipperling larval stages: Prairie dropseed (Sporobolus heterolepis), little bluestem (Schizachyrium scoparium), sideoats grama (Bouteloua curtipendula), or mat muhly (Muhlenbergia richardsonis); and
        2. (B)At least one of the following forbs in bloom to provide nectar and water sources during the Poweshiek skipperling flight period: Purple coneflower (Echinacea angustifolia), black-eyed Susan (Rudbeckia hirta), smooth ox-eye (Heliopsis helianthoides), stiff tickseed (Coreopsis palmata), palespike lobelia (Lobelia spicata), sticky tofieldia (Triantha glutinosa), or shrubby cinquefoil (Dasiphora fruticosa ssp. floribunda).
      4. (iv)Primary Constituent Element 4—Dispersal grassland habitat that is within 1 km (0.6 mi) of native high-quality remnant prairie (as defined in Primary Constituent Element 1) that connects high-quality wet-mesic to dry tallgrass prairies, moist meadows, or prairie fen habitats. Dispersal grassland habitat consists of the following physical characteristics appropriate for supporting Poweshiek skipperling dispersal: Undeveloped open areas dominated by perennial grassland with limited or no barriers to dispersal including tree or shrub cover less than 25 percent of the area and no row crops such as corn, beans, potatoes, or sunflowers.
    3. (3)Critical habitat does not include manmade structures (such as buildings, aqueducts, runways, roads, and other paved areas) and the land on which they are located existing within the legal boundaries on November 2, 2015.
    4. (4)Critical habitat map units. Data layers defining map units were created and digitized using ESRI's ArcMap (version 10.0) and comparing USGS NAIP/FSA high-resolution orthophotography from 2010 or later and previously mapped skipper habitat polygons submitted by contracted researchers or prairie habitat polygons made available from Minnesota Department of Natural Resources' County Biological Survey. Critical habitat units then were mapped in Geographic Coordinate System WGS84. The maps in this entry, as modified by any accompanying regulatory text, establish the boundaries of the critical habitat designation. The coordinates or plot points or both on which each map is based are available to the public at the Service's internet site (http://www.fws.gov/midwest/Endangered/), at http://www.regulations.gov at Docket No. FWS-R3-ES-2013-0017, and at the field office responsible for this designation. You may obtain field office location information by contacting one of the Service regional offices, the addresses of which are listed at 50 CFR 2.2.
    5. (5)Iowa, Minnesota, North Dakota, and South Dakota index map follows:
    6. (6)Michigan and Wisconsin index map follows:
    7. (7)PS Iowa Unit 1, Howard County, Iowa. Map of PS Iowa Unit 1 follows:
    8. (8)PS Iowa Unit 2, Cerro Gordo County, Iowa. Map of PS Iowa Unit 2 follows:
    9. (9)PS Iowa Units 3, 4, and 7, Dickinson County, Iowa. Map of PS Iowa Units 3, 4, and 7 follows:
    10. (10)PS Iowa Unit 5, Osceola County, Iowa. Map of PS Iowa Unit 5 follows:
    11. (11)PS Iowa Unit 6, Dickinson County, Iowa. Map of PS Iowa Unit 6 follows:
    12. (12)PS Iowa Unit 8, Osceola County, Iowa. Map of PS Iowa Unit 8 follows:
    13. (13)PS Iowa Unit 9, Dickinson County, Iowa. Map of PS Iowa Unit 9 follows:
    14. (14)PS Iowa Unit 10, Kossuth County, Iowa. Map of PS Iowa Unit 10 follows:
    15. (15)PS Iowa Unit 11, Emmet County, Iowa. Map of PS Iowa Unit 11 follows:
    16. (16)PS Michigan Unit 1, Oakland County, Michigan. Map of PS Michigan Unit 1 follows:
    17. (17)PS Michigan Units 2 and 3, Oakland County, Michigan. Map of PS Michigan Units 2 and 3 follows:
    18. (18)PS Michigan Unit 4, Oakland County, Michigan. Map of PS Michigan Unit 4 follows:
    19. (19)PS Michigan Unit 5, Livingston County, Michigan. Map of PS Michigan Unit 5 follows:
    20. (20)PS Michigan Unit 6, Washtenah County, Michigan. Map of PS Michigan Unit 6 follows:
    21. (21)PS Michigan Unit 7, Lenawee County, Michigan. Map of PS Michigan Unit 7 follows:
    22. (22)PS Michigan Units 8 and 9, Jackson and Hillsdale Counties, Michigan. Map of PS Michigan Units 8 and 9 follows:
    23. (23)PS Minnesota Unit 1, Pope County, Minnesota. Map of PS Minnesota Unit 1 follows:
    24. (24)PS Minnesota Units 2 and 3, Murray County, Minnesota. Map of PS Minnesota Units 2 and 3 follows:
    25. (25)PS Minnesota Units 4 and 18, Clay County, Minnesota. Map of PS Minnesota Units 4 and 18 follows:
    26. (26)PS Minnesota Unit 5, Clay County, Minnesota. Map of PS Minnesota Unit 5 follows:
    27. (27)PS Minnesota Unit 6, Norman County, Minnesota. Map of PS Minnesota Unit 6 follows:
    28. (28)PS Minnesota Unit 7, Lincoln and Pipestone Counties, Minnesota. Map of PS Minnesota Unit 7 follows:
    29. (29)PS Minnesota Units 8 and 9, Pipestone County, Minnesota. Map of PS Minnesota Units 8 and 9 follows:
    30. (30)PS Minnesota Unit 10, Swift and Chippewa Counties, Minnesota. Map of PS Minnesota Unit 10 follows:
    31. (31)PS Minnesota Unit 11, Wilkin County, Minnesota. Map of PS Minnesota Unit 11 follows:
    32. (32)PS Minnesota Unit 12, Lyon County, Minnesota. Map of PS Minnesota Unit 12 follows:
    33. (33)PS Minnesota Unit 13, Lac Qui Parle County, Minnesota. Map of PS Minnesota Unit 13 follows:
    34. (34)PS Minnesota Unit 14, Douglas County, Minnesota. Map of PS Minnesota Unit 14 follows:
    35. (35)PS Minnesota Unit 15, Mahnomen County, Minnesota. Map of PS Minnesota Unit 15 follows:
    36. (36)PS Minnesota Unit 16, Cottonwood County, Minnesota. Map of PS Minnesota Unit 16 follows:
    37. (37)PS Minnesota Unit 17, Pope County, Minnesota. Map of PS Minnesota Unit 17 follows:
    38. (38)PS Minnesota Unit 19, Kittson County, Minnesota. Map of PS Minnesota Unit 19 follows:
    39. (39)PS Minnesota Unit 20, Polk County, Minnesota. Map of PS Minnesota Unit 20 follows:
    40. (40)PS North Dakota Units 1 and 2, Richland County, North Dakota. Map of PS North Dakota Units 1 and 2 follows:
    41. (41)PS South Dakota Unit 1, Marshall County, South Dakota. Map of PS South Dakota Unit 1 follows:
    42. (42)PS South Dakota Unit 2, Brookings County, South Dakota. Map of PS South Dakota Unit 2 follows:
    43. (43)PS South Dakota Units 3 and 5, Deuel County, South Dakota. Map of PS South Dakota Units 3 and 5 follows:
    44. (44)PS South Dakota Unit 4, Grant County, South Dakota. Map of PS South Dakota Unit 4 follows:
    45. (45)PS South Dakota Unit 6, Roberts County, South Dakota. Map of PS South Dakota Unit 6 follows:
    46. (46)PS South Dakota Unit 7, Roberts County, South Dakota. Map of PS South Dakota Unit 7 follows:
    47. (47)PS South Dakota Unit 8, Roberts County, South Dakota. Map of PS South Dakota Unit 8 follows:
    48. (48)PS South Dakota Units 15 and 16, Day County, South Dakota. Map of PS South Dakota Units 15 and 16 follows:
    49. (49)PS South Dakota Unit 17, Moody County, South Dakota. Map of PS South Dakota Unit 17 follows:
    50. (50)PS South Dakota Unit 18, Marshall County, South Dakota. Map of PS South Dakota Unit 18 follows:
    51. (51)PS Wisconsin Unit 1, Waukesha County, Wisconsin. Map of PS Wisconsin Unit 1 follows:
    52. (52)PS Wisconsin Unit 2, Green Lake County, Wisconsin. Map of PS Wisconsin Unit 2 follows:
Michigan. Isle Royale National Park. Minnesota. Areas of land, water, and airspace in Beltrami, Cook, Itasca, Koochiching, Lake, Lake of the Woods, Roseau, and St. Louis Counties, with boundaries (4th and 5th Principal meridians) identical to those of zones 1, 2, and 3, as delineated in 50 CFR 17.40(d)(l).