Endangered Species Listing for Bay-Delta Longfin Smelt
Summary
We, the U.S. Fish and Wildlife Service (Service), determine endangered species status under the Endangered Species Act of 1973, as amended (Act), for the San Francisco Bay-Delta distinct population segment (DPS) of longfin smelt (Spirinchus thaleichthys), a fish species of the Pacific Coast. This rule extends the protections of the Act to this DPS and adds it to the List of Endangered and Threatened Wildlife.
Compliance Requirements
- #1
List the Bay-Delta longfin smelt as an endangered species under the Endangered Species Act and add the Bay-Delta longfin smelt to the List of Endangered and Threatened Wildlife in title 50 of the Code of Federal Regulations at 50 CFR 17.11(h).; Designate critical habitat for the Bay-Delta longfin smelt DPS to the maximum extent prudent and determinable concurrent with listing.; Extend the protections of the Endangered Species Act to the San Francisco Bay-Delta distinct population segment of longfin smelt.
Deadline: 2024-08-29(30 days after date of publication in the Federal Register (07/30/2024))
Market Impacts
Endangered species listing imposes restrictions on water diversions, operations, and management activities that may adversely affect the longfin smelt DPS, potentially limiting water availability for agricultural, municipal, and industrial uses; Development projects requiring federal permits or funding must undergo Section 7 consultation to ensure no adverse effects on the listed species, potentially delaying or restricting construction and land development activities; Increased demand for environmental consulting services, habitat restoration projects, and ecological monitoring programs required for compliance with Endangered Species Act provisions; Increased regulatory scrutiny on water export operations from the Delta, potentially limiting water transfers to southern regions and creating barriers to inter-regional water marketing; Mandated ongoing research into population dynamics, entrainment impacts, and habitat requirements creates sustained demand for scientific research and monitoring technologies
Validated Company Impacts
American Water Works Company, Inc.
American Water Works operates water and wastewater utilities, including in California where the San Francisco Bay-Delta is a critical water source. The rule's restrictions on water diversions and operations directly impact water management activities that could affect the longfin smelt habitat, making AWK's core water supply operations subject to ESA compliance requirements. The company's 'Environmental Regulations' risk factor shows minimal alignment with this specific endangered species rule, as the rule targets water management and development activities in the San Francisco Bay-Delta region, which may not directly impact the company's operations unless they are specifically involved in those activities or locations. Other risk factors like infrastructure failure, pricing constraints, cybersecurity, and capital expenditure show no meaningful connection to the rule's focus on habitat protection and water diversion restrictions.
CALIFORNIA WATER SERVICE GROUP
California Water Service Group operates water utility services directly within the San Francisco Bay-Delta region, making it subject to Endangered Species Act restrictions on water diversions and management activities that could affect the longfin smelt. As a water utility managing water resources in the affected ecosystem, the company would face significant compliance requirements for water operations and infrastructure projects. The rule focuses on environmental compliance, water management restrictions, and habitat protection impacts, while the company's sole identified risk category is technology cybersecurity with IT/OT system disruptions. There is no overlap between the regulatory requirements for endangered species protection and the company's technology-focused risk profile.