Comment on FR Doc # 2012-17950

The Diamond Darter, a recently-described darter of the Ohio River drainage, has a geographically-restricted range, with the only known extant population in the lower 37 km of the Elk River, Kanawha County, WV. The species occurred previously over a wider range within the Ohio River drainage, but populations are thought to be extirpated from Kentucky, Ohio, and Tennessee. In November 2009, the Diamond Darter was included as a candidate for listing as endangered or threatened. Subsequently, the U.S. Fish and Wildlife Service published a rule in 2012 (hereafter referred to as the proposed rule) in the Federal Register proposing the Diamond Darter for listing as endangered with critical habitat under the U.S. Endangered Species Act. I have conducted several research studies on habitat and fishes of Elk River. These research efforts have resulted in 6 peer-reviewed publications, including the species description of the Diamond Darter in 2008. Currently, the only known extant Diamond Darter population occurs in the lower 37 km of Elk River, thus the possibility for species extinction associated with destruction, modification, or curtailment of habitat is relatively high given the limited geographic range of this species. The proposed rule provides an accurate and adequate review of the threats affecting the Diamond Darter. Based on current information, the proposed rule appropriately designates the lower 45 km of Elk River as critical habitat. The scientific evidence, as presented and cited in the proposed rule, supports the need for protection of this rare species.