The Panama City Crayfish and the Endangered Species Act

political perspective

The Panama City Crayfish andthe Endangered Species Act

by: Brandi DeRuiter, Vice President of Governmental Affairs, Bay County Chamber of Commerce

At just 2 inches long, this little crustacean is creating quite the stir in Bay County. Many can remember the Panama City Crayfish (PC Crayfish) issue surfacing throughout the years; but this time, regulations may be here to stay.

State Status

Rediscovered in 1986, the Panama City crayfish was thought to be extinct. A year later, conservation efforts resulted in it becoming a state listed Species of Special Concern (SSC). This listing brought some protections, created public awareness campaigns and generated guidelines to help conserve the species and its habitat. The Florida Fish and Wildlife Commission issues permits at this level on the basis that the action will not be detrimental to the survival potential of the species.

However, in 2006, a biological status review recommended a reclassification for the PC Crayfish. Attempts sought to state list as Threatened due to its limited geographic distribution

and continuing decline. This listing action sat idle for several years as officials worked to revise the listing process. Completed in 2010, the newly revised listing process phased out the SSC status and proposed to up list all species to a threatened status, if they met the criteria. Draft management plans were developed for this species but have yet to be finalized. Once management practices are approved, the listing status of Threatened, along with new regulations and permitting requirements, will be in full force and effect.

Federal Status

The PC Crayfish was not on the federal worklist until 2010 when the Center for Biological Diversity petitioned the U.S. Fish and Wildlife Service to list 404 aquatic, riparian, and wetland species in the Southeastern region under the Endangered Species Act. The PC crayfish was one of the species petitioned and studies ensued. The Center for Biological Diversity again filed a complaint in 2015 stating the Service had not completed a 12-month finding in the timeframe required by law.

The Service entered into a court-approved settlement agreement stating the 12-month finding would be completed and submitted by September 2017, later extended to December 2017. As part of this process, comments were accepted to the Federal Register from January to March 2018. According to U.S. Fish and Wildlife, final determinations are largely driven by the number and types of comments the agency receives during the public comment period. Consideration is given to comments based on biological or commercial data. A final listing status is anticipated before the end of the year.

PC Crayfish Characteristics

Not much is known about this species, but it is believed its original habitat consisted of open pine flatwoods that predominated the area before human development occurred. Today, the PC Crayfish is found in human-altered settings including utility rights-of-way, shallow sloping ditches, planted pine plantations and natural settings such as wet-prairie marshes. Its habitat is limited to a 56-square mile area in Bay County with about 90 percent living on private property.

One of the reasons the PC Crayfish is located in a relatively small area and has failed to expand its habitat range is its preference for soil types. Primary soils include Pamlico-Dorovan complex, Rutledge sand, Plummer sand, Pelham sand, Pantego sandy loam and Rutledge-Pamlico complex. These soils typically have a high water table that is one-foot below the surface.

This small semi-terrestrial crayfish is brown with a dark brown and light brown stripe that stretches from its head down to its tail. It has a 1.5 to 3 year lifespan. Eight crayfish species occur in the same area and two other species are “superficially identical” to the PC Crayfish, but may be distinguished by male reproductive organs.

Impacts/Identified Threats

Federal protections would restrict and result in expenses associated with mitigating loss of habitat. These additional costs are generally passed on to taxpayers on all levels of government-funded projects, resulting in lessened services or additional taxes as mitigation expenses drive up the cost of project plans.

There are several approved infrastructure developments and roadway expansions (widening of Star Avenue, Kern Avenue, Tram Road) that are expected to affect several crayfish sites. The type of impact and the amount of land involved will determine whether on-site or off-site mitigation or payment into a PC Crayfish Conservation Fund would apply.

Activities that result in the loss of population include development, silviculture (timber cultivation), bait, off-road vehicle use and drought. Infrastructure improvements remove specific soil and vegetation requirements, and can isolate populations. Off-road vehicles may rut and crush. Silviculture practices can affect PC Crayfish habitat through ditching, bedding, and roller chopping. Several crayfish sites are

utilized by fishermen for harvesting bait. In drought, the PC Crayfish may burrow up to three feet down to reach the water table. However, extreme drought causing the water table to drop below the burrow depth could lead to largescale mortality.

Species Conservation

Currently, voluntary draft guidelines developed by the FWC can help guide development projects that may impact the PC Crayfish and its habitat, but these are not regulatory in nature. If the PC Crayfish were to be federally listed, the U.S. Fish and Wildlife Service would be required to work to protect and recover it. Recovery means that the PC Crayfish would no longer need protection.

About 220 acres are in protection, however, the U.S. Fish and Wildlife states that the PC Crayfish needs 2,150 acres in specific areas, managed in perpetuity, for conservation. According to a cost assessment analysis prepared by the Center for Economic Forecasting and Analysis at Florida State University, the cost for this acreage would be approximately $20 million. This does not include recurring costs to manage the lands.

Other conservation actions proposed include establishing partnerships, voluntary conservation management practices and funding opportunities.

The Service is working on a 4(d) rule which focuses on specific conservation efforts. In order to craft this rule, the Service wants to better understand activities that commonly occur in PC Crayfish habitat such as ditch maintenance. The Service proposes possible exemptions under this rule will be sheds, driveways, and pools for current residents, but new land clearings or developments will require a special permit, increasing the cost of affordable housing.

For further information, please visit the Federal eRulemaking Portal at http://www.regulations.gov.

Docket Number: FWS-R4-ES-2017-0016