Determination of Endangered Status for the Georgia Pigtoe Mussel, Interrupted Rocksnail, and Rough Hornsnail and Designation of Critical Habitat; Final Rule
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Tuesday, November 2, 2010 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the Georgia Pigtoe Mussel, Interrupted Rocksnail, and Rough Hornsnail and Designation of Critical Habitat; Final Rule VerDate Mar<15>2010 19:34 Nov 01, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02NOR2.SGM 02NOR2 srobinson on DSKHWCL6B1PROD with RULES2 67512 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Rules and Regulations DEPARTMENT OF THE INTERIOR rule to designate critical habitat for each reddish-brown and may have concentric of these three species. green rings. The beak cavity is shallow, Fish and Wildlife Service and the shell interior is white to dull Previous Federal Action bluish-white (Parmalee and Bogan 1998, 50 CFR Part 17 Federal actions for these species prior p. 185; Williams et al. 2008, p. 533). to June 29, 2009 are outlined in our Little is known about the habitat [Docket No. FWS–R4–ES–2008–0104; MO proposed rule for these actions (74 FR requirements or life history of the 92210–0–0008–B2] 31113). Publication of the proposed rule Georgia pigtoe; however, it is found in RIN 1018–AU88 opened a 60-day comment period, shallow runs and riffles with strong to which closed on August 28, 2009. We moderate current and coarse sand- Endangered and Threatened Wildlife reopened the comment period from gravel-cobble bottoms. Unionid mussels, and Plants; Determination of February 10, 2010, through March 12, such as the Georgia pigtoe, filter-feed on Endangered Status for the Georgia 2010, in order to announce the algae, detritus, and bacteria from the Pigtoe Mussel, Interrupted Rocksnail, availability of and receive comments on water column. The larvae of most and Rough Hornsnail and Designation a draft economic analysis (DEA), and to unionid mussels are parasitic, requiring of Critical Habitat extend the comment period on the a period of encystment on a fish host proposed listing and designation to before they can develop into juvenile AGENCY: Fish and Wildlife Service, accommodate a public hearing (75 FR mussels. The fish hosts for glochidia Interior. 6613). (parasitic larvae) of Georgia pigtoe are ACTION: Final rule. currently unknown. Public Comments The Georgia pigtoe was historically SUMMARY: We, the U.S. Fish and We received comments from the found in large creeks and rivers of the Wildlife Service (Service), list the public on the proposed listing action Coosa River drainage of Alabama, Georgia pigtoe mussel (Pleurobema and proposed critical habitat Georgia, and Tennessee (Johnson and hanleyianum), interrupted rocksnail designation, and, in this rule, we Evans 2000, p. 106; Williams et al., (Leptoxis foremani), and rough respond to these issues in a single 2008, p. 534). There are historical hornsnail (Pleurocera foremani) as comments section. Below, we present reports or museum records of the endangered under the Endangered the listing analysis first, followed by the Georgia pigtoe from Tennessee Species Act of 1973, as amended (Act). analysis for designation of critical (Conasauga River in Polk and Bradley We also designate approximately 258 habitat. Counties), Georgia (Conasauga River in kilometers (km) (160 miles (mi)) of Murray and Whitfield Counties, stream and river channels as critical Background Chatooga River in Chatooga County, habitat for the three species, in It is our intent to discuss only those Coosa River in Floyd County, and Cherokee, Clay, Coosa, Elmore, and topics directly relevant to the listing and Etowah River in Floyd County), and Shelby Counties, Alabama; Gordon, designation of critical habitat for the Alabama (Coosa River in Cherokee Floyd, Murray, and Whitfield Counties, Georgia pigtoe mussel (Pleurobema County, Terrapin Creek in Cherokee Georgia; and Bradley and Polk Counties, hanleyianum), interrupted rocksnail County, Little Canoe and Shoal Creeks Tennessee. (Leptoxis foremani), and rough in St. Clair County, Morgan Creek in DATES: This rule becomes effective on hornsnail (Pleurocera foremani). For Shelby County, and Hatchet Creek in December 2, 2010. information on our proposed Coosa County) (Florida Museum of ADDRESSES: This final rule and final determination, refer to the proposed Natural History Malacology Database economic analysis are available on the rule published in the Federal Register (FLMNH) in litt. 2006; Gangloff 2003, p. Internet at http://www.regulations.gov. on June 29, 2009 (74 FR 31113). 45). Based on these historical records, the range of the Georgia pigtoe included Comments and materials received, as Georgia Pigtoe Mussel well as supporting documentation used more than 480 km (300 mi) of river and The Georgia pigtoe (Pleurobema in preparing this final rule are available stream channels. Additional historical hanleyianum) is a freshwater mussel in for public inspection, by appointment, Coosa River tributary records credited to the family Unionidae. It was described during normal business hours, at the Hurd (1974, p. 64) (for example, Big in 1852 by Lea as Unio hanleyianum U.S. Fish and Wildlife Service, Jackson Wills, Little Wills, Big Canoe, from the Coosawattee River in Georgia. Ecological Services Field Office, 6578 Oothcalooga, Holly Creeks) have been The species was placed in the genus Dogwood View Parkway, Suite A, found to be misidentifications of other Pleurobema by Simpson in 1900. The species (Gangloff in litt. 2006). Jackson, MS 39213 (telephone 601–321– uniqueness of the Georgia pigtoe has In 1990, the Service initiated a status 1122; facsimile 601–965–4340). been verified both morphologically survey and reviewed the molluscan FOR FURTHER INFORMATION CONTACT: (Williams et al. 2008, p. 533) and fauna of the Mobile River Basin Stephen Ricks, Field Supervisor, U.S. genetically (Campbell et al. 2008, pp. (Hartfield 1991, p. 1). This led to Fish and Wildlife Service, Jackson 719–721). extensive mollusk surveys and Ecological Services Field Office (see The shell of the Georgia pigtoe collections throughout the Coosa River ADDRESSES section). If you use a reaches about 50 to 65 millimeters (mm) drainage (Bogan and Pierson 1993a, pp. telecommunications device for the deaf (2 to 2.5 inches (in)) in length. It is oval 1–27; Hartfield in litt. 1990–2001). At (TDD), call the Federal Information to elliptical and somewhat inflated. The all localities surveyed in the Coosa Relay Service (FIRS) at 800–877–8339. posterior ridge is low and evenly River drainage, the freshwater mussel SUPPLEMENTARY INFORMATION: This rounded, when evident. The anterior fauna had declined from historical document consists of: (1) A final rule to end is rounded, while the posterior levels, and at all but a few localized list as endangered the Georgia pigtoe margin is bluntly pointed below. Dorsal areas, the fauna proved to be completely mussel (Pleurobema hanleyianum), and ventral margins are curved, and the eliminated or severely reduced due to a interrupted rocksnail (Leptoxis beaks rise slightly above the hinge line. variety of impacts, including point and foremani), and rough hornsnail The periostracum (membrane on the nonpoint source pollution, and channel (Pleurocera foremani); and (2) a final surface of the shell) is yellowish-tan to modifications such as impoundment. VerDate Mar<15>2010 19:34 Nov 01, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\02NOR2.SGM 02NOR2 srobinson on DSKHWCL6B1PROD with RULES2 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Rules and Regulations 67513 Following a review of these efforts and included the Georgia rocksnail (Leptoxis Clair County), and Terrapin Creek observations, the Service reported 14 downei (Lea 1868)). L. foremani was (Cherokee County) in Alabama; and the species of mussels in the genus considered to inhabit the Lower Coosa Coosa and Lower Etowah Rivers (Floyd Pleurobema, including the Georgia River, with L. downei inhabiting the County), the Oostanaula River (Floyd pigtoe, as presumed extinct, based on Upper Coosa drainage (Goodrich 1922, and Gordon Counties), the Coosawattee their absence from collection records, pp. 18–19, 21–23). When a rocksnail River (Gordon County), and the technical reports, or museum population was rediscovered surviving Conasauga River (Gordon, Whitfield, collections for a period of 20 years or in the Oostanaula River, Georgia, in and Murray Counties) in Georgia more (Hartfield 1994, p. 1). 1997, it was initially identified as L. (Goodrich 1922, pp. 19, 21; Johnson The Service and others continued to downei (Williams and Hughes 1998, p. 2004, p. 116; FLMNH in litt. 2006). conduct surveys in the Coosa River 9; Johnson and Evans 2000, pp. 45–46); Snail surveys conducted within the drainage for mollusks (Hartfield in litt. however, Burch (1989, p. 155) had historical range of the interrupted 2004; Williams and Hughes 1998, pp. 2– previously placed L. downei within L. rocksnail (Bogan and Pierson 1993a, pp. 6; Johnson and Evans 2000, p. 106; foremani as an ecological variant. 1–27; Williams and Hughes 1998, pp. 1– Herod et al. 2001, pp. i–ii; Gangloff Therefore, L. downei is currently 21) resulted in the collection of only a 2003, pp. 11–12; McGregor and Garner considered an upstream phenotype of single live specimen from the 2004, pp. 1–18; Johnson et al. 2005, p. the interrupted rocksnail, and L. Oostanaula River, Floyd County, 1). Several freshly dead and live foremani is recognized as the valid Georgia, during 1997 (Williams and individuals of the Georgia pigtoe were name for the interrupted rocksnail Hughes 1998, p. 9). Intensive surveys of collected during these mussel surveys in (Turgeon et al. 1998, p. 67; Johnson the Oostanaula, Coosa, Coosawattee, the Upper Conasauga River, Murray and 2004, p. 116). Etowah, and Conasauga Rivers since Whitfield Counties, Georgia (Williams Rocksnails live in shoals, riffles, and 1999 have located the species in about and Hughes 1998, p. 10; Johnson and reefs (bedrock outcrops) of small to large 12 km (7.5 mi) of the Oostanaula River Evans 2000, p.