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 and Designation of Critical Habitat; Final Rule

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DEPARTMENT OF THE INTERIOR rule to designate critical habitat for each reddish-brown and may have concentric of these three . 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 drainage of , Georgia pigtoe mussel ( 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., ( foremani), and rough respond to these issues in a single 2008, p. 534). There are historical hornsnail ( 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 . 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 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.

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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. 106). Gangloff (2003, pp. rivers. Their habitats are generally upstream of the Gordon and Floyd 11–12, 45) conducted mussel surveys of subject to moderate currents during low County line (Johnson and Evans 2000, Coosa River tributaries in Alabama, flows and strong currents during high pp. 45–46; Johnson and Evans 2001, pp. including all known historical flows. These snails live attached to 2, 25). A captive colony was maintained collection sites for the Georgia pigtoe, bedrocks, boulders, cobbles, and gravel at the Tennessee Aquarium Research without relocating the species. and tend to move little, except in Institute (TNARI) from 2000 through McGregor and Garner (2004, p. 8) response to changes in water level. They 2005 for study and propagation. In surveyed the Coosa River dam tailraces lay their adhesive eggs within the same coordination with TNARI and the for mollusks without encountering the habitat (Johnson 2004, p. 116). In a Service, the Alabama Department of Georgia pigtoe. hatchery setting, mean clutch size for 2- Conservation and Natural Resources The Georgia pigtoe is currently known year-old interrupted rocksnails is (ADCNR) developed a plan and strategy from a few isolated shoals in the Upper around 8.83 (3 to 18 eggs per clutch), to reintroduce interrupted rocksnails Conasauga River in Murray and and clutch size of females greater than from the TNARI colony into the Coosa Whitfield Counties, Georgia, and in Polk 3 years is 13.63 (2 to 21 eggs per clutch) River above Wetumpka, Elmore County, County, Tennessee (Johnson and Evans (Johnson in litt. 2009). Interrupted Alabama (ADCNR 2003, pp. 1–4). In 2000, p. 106; Evans 2001, pp. 33–34). rocksnails are currently found in shoal 2003, 2004, and 2005, approximately All recent collection sites occur within habitats with sand-boulder substrate, at 3,200, 1,200, and 3,000 juvenile snails, a 43-km (27-mi) reach of the river. water depths less than 50 centimeters respectively, from the TNARI culture Within this reach, the Georgia pigtoe is (cm) (20 in), and in water currents less were released into the Lower Coosa very rare (Johnson and Evans 2000, p. than 40 cm/second (sec) (16 in/sec) River (ADCNR 2004, p. 33; Johnson in 106), and no population estimates are (Johnson 2004, p. 116). We know little litt. 2005a). In 2005, ADCNR established available. of the life history of pleurocerid snails; the Alabama Aquatic Biodiversity however, they generally feed by Center (AABC) at the Marion State Fish Interrupted Rocksnail ingesting periphyton (algae attached to Hatchery for the culture of imperiled The interrupted rocksnail (Leptoxis hard surfaces) and biofilm detritus mollusk species, and the interrupted foremani) is a small-to-medium-sized scraped off of the substrate by the snail’s rocksnail TNARI colony was transferred that historically radula (a horny band with minute teeth to that facility. occurred in the Coosa River drainage of used to pull food into the mouth) Following its rediscovery, the Alabama and Georgia. The shell grows (Morales and Ward 2000, p. 1). interrupted rocksnail population size on to approximately 22 mm (1 in) in length Interrupted rocksnails have been shoals in the Oostanaula River declined and may be ornamented by partial observed grazing on silt-free gravel, from a high of 10 to 45 snails per square costae (folds in the surface). The shell cobble, and boulders (Johnson 2004, p. meter (m2) (1.2 square yards (yd2)) in is subglobose (not quite spherical); 116). They have survived as long as 5 1999 (Johnson and Evans 2001, p. 22) to thick, dark brown to olive in color; years in captivity (Johnson in litt. only 20 snails found during 6 search- occasionally spotted; and generally 2006b). hours in 2004 (Johnson in litt. 2003, covered with fine striae (longitudinal The interrupted rocksnail was 2004). The cause of decline was ridges). The (apex) of the shell is historically found in colonies on reefs suspected to be some form of water very low, and the (opening) is and shoals of the Coosa River and contamination (Johnson in litt. 2003, large and subrotund (not quite round). several of its tributaries in Alabama and 2004; Hartfield in litt. 2006). A July The interrupted rocksnail, a member Georgia. The range of the rocksnail 2006 search for adults to use as hatchery of the aquatic snail family formerly encompassed more than 800 stock failed to locate any rocksnails in , was described from the km (500 mi) of river and stream more than 2 search-hours (Hartfield in Coosa River, Alabama, by Lea in 1843. channels, including the Coosa River litt. 2006). However, a subsequent Goodrich (1922, p. 13) placed the (Coosa, Calhoun, Cherokee, Elmore, search in August 2006 under lower flow species in the ‘‘Anculosa (=Leptoxis) Etowah, Shelby, St. Clair, and Talladega conditions resulted in the location of 89 picta (Conrad 1834) group,’’ which also Counties), Lower Big Canoe Creek (St. snails in 4 search-hours at one shoal,

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and 2 rocksnails in 4 search-hours at widely distributed species in the Coosa Shelby, Talladega, and Elmore Counties, another shoal (Johnson in litt. 2007a). River. Alabama, a historical range of Since their reintroduction into the In a recent dissertation on the approximately 322 river km (200 river Lower Coosa River of Alabama, a few of systematics of the Mobile River Basin mi). There are also historical museum the 2003 hatchery-cultured interrupted Pleurocera, the rough hornsnail was records of this species from nine Coosa rocksnails were observed in the vicinity found to be both morphologically and River tributaries in Alabama, including of the release site in 2004 (Johnson in genetically distinct from other species Big Wills Creek in Etowah County; litt. 2005c). An alternative site was in the genus (Sides 2005, pp. 26, 127). Kelly, Big Canoe, and Beaver Creeks in selected for release in August 2005, and This analysis also found that the rough St. Clair County; Ohatchee Creek in 18 snails were located 3 months hornsnail was genetically more closely Calhoun County; Choccolocco and following release (Pierson in litt. 2005). allied to a co-occurring species in the Peckerwood Creeks in Talladega During a 40-minute search of this genus Elimia, and concluded that it County; Yellowleaf Creek in Shelby release area in 2006, two interrupted should be recognized as Elimia County; and Yellow Leaf Creek in rocksnails were found (Johnson in litt. foremani (Sides 2005, pp. 26–27). Chilton County (FLMNH in litt. 2006). 2007b). Observations of only small Although the Sides (2005, pp. 26–27) The rough hornsnail is currently numbers of reintroduced snails may be study provides some evidence that this known to occur at two locations: Lower due to habitat size and dispersal, low species should be placed in the genus Yellowleaf Creek in Shelby County, fecundity of the species, predation, Elimia, this taxonomic change has not Alabama; and the Lower Coosa River reproductive failure due to dispersal, or been formally peer-reviewed and below Wetumpka Shoals in Elmore habitat disturbance (Johnson in litt. published. Therefore, for the purposes County, Alabama (Sides 2005, p. 40). 2005b). of this action, we will continue to use There are also museum records of the currently recognized nomenclature for species from Wetumka Shoals in the Rough Hornsnail the rough hornsnail (Pleurocera early 1990s (FLMNH in litt. 2006); The rough hornsnail’s (Pleurocera foremani). however, the species has not been Rough hornsnails are primarily found foremani) shell is elongated, pyramidal, collected from this shoal reach in recent on gravel, cobble, bedrock, and mud in and thick. Growing to about 33 mm (1.3 surveys (Johnson 2002, pp. 5–9). moderate currents. They have been in.) in length, the shell has as many as Yellowleaf Creek is a moderately sized collected at depths of 1 m (3.3 ft) to 3 nine yellowish-brown whorls. The stream where rough hornsnails were, m (9.8 ft) (Hartfield 2004, p. 132). The until recently, only known from about a aperture is elongated, angular, species appears to tolerate low-to- 50-m (55-yd) length of the stream. At channeled at the base, and usually moderate levels of silt deposition (Sides this location, rough hornsnails occur at white inside. The presence of a double 2005, p. 127). Little is known regarding densities of 8 to 32 per m2 (1.2 per yd2) row of prominent nodules or tubercles the life-history characteristics of this (Pierson in litt. 2006). Following on the lower whorls above the aperture species. Snails in the genus Pleurocera publication of the proposed rule (74 FR is the most distinctive feature that generally lay their eggs in a spiral 31113, June 29, 2009), an intensive separates it from other hornsnails arrangement on smooth surfaces (Sides survey of Yellowleaf Creek extended the (Tryon 1873, p. 53). These tubercles, 2005, pp. 26–27), whereas Elimia snails range of rough hornsnails in this stream along with the size and shape of the generally lay eggs in short strings (P. to about 1.6 km (1 mi) above and below shell, distinguish the species from all Johnson pers. comm. 2006). Although the previously known site (Powell in other pleurocerid snails (Elimia spp., some attempts to induce rough litt. 2009). The Lower Coosa River is a Leptoxis spp., Pleurocera spp.) in the hornsnails to lay eggs in captivity have large river channel where rough Mobile River Basin. In a hatchery been unsuccessful (Sides 2005, p. 27), hornsnails have recently been found in setting, however, the distinctive double others have observed females laying two discrete areas (Hartfield pers. obsv. row of tubercules do not appear until eggs individually or in short ‘‘strips’’ (3 2001, Crow in litt. 2008). No the second year of life (5 to 7 mm shell to 10 eggs) during late April into July quantitative estimates have been made width) (Johnson in litt. 2009). (Johnson in litt. 2009). Cultured rough at these sites; however, at one site, The rough hornsnail is a member of hornsnails have become reproductively rough hornsnail numbers were the aquatic snail family of active in their second year (Johnson in estimated at 300 to 400 individuals Pleuroceridae. The species was litt. 2009). Some adult individuals (Crow in litt. 2008). Searches of described in 1843 by Lea as Melania collected from the wild have survived in unimpounded reaches of the Coosa foremanii (=foremani) (Tryon 1873, p. captivity for 3 years, suggesting a life River and the lower portions of 52). It was later placed in the genus span of 4 to 5 years (Garner in litt. 2009, tributaries to the Coosa River have failed Pleurocera by Tryon (1873, p. 52), who Johnson in litt. 2009). to locate the species elsewhere (Bogan noted that P. foremani closely The rough hornsnail is endemic to the and Pierson 1993a, pp. 1–27; Garner, resembled species of that genus. Coosa River system in Alabama. pers. comm. 2005; Hartfield in litt. Goodrich (1935, p. 3) reported a Goodrich (1944, p. 43) described the 2006). The two known surviving variation of a species of Pleurocera in historical range as the Coosa River populations are separated by three the Cahaba River that resembled downstream of the Etowah River and at impoundments and about 113 km (70 foremani, but later identified that the mouths of a few tributaries. The mi) of unsuitable, impounded channel variant as a ‘‘mutation’’ or form of brook Etowah River enters the Coosa River in habitat. hornsnail (P. vestitum) (Goodrich 1941, Floyd County, Georgia; however, there p. 12). This variant, however, is no are no known museum or site-specific Summary of Comments and longer extant in the Cahaba River records of the rough hornsnail that Recommendations (Bogan and Pierson 1993b, p. 12; Sides validate its range into the State of During the open comment periods for 2005, pp. 21–22, 28). Goodrich (1944, p. Georgia (Johnson in litt. 2006a). the proposed rule (74 FR 31113), draft 43) considered that the Coosa River P. Historical museum records of the rough economic analysis, and public hearing foremani might also be eventually found hornsnail in the Coosa River (FLMNH in (75 FR 6613), we requested all to be simply a variant of smooth litt. 2006, and elsewhere) indicate that interested parties submit comments or hornsnail (P. prasinatum), another more they occurred from Etowah, St. Clair, information concerning the proposed

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listing and designation of critical habitat additional stream reaches that could be requires moderate to high stream flow, for the three mollusks. We contacted all designated as critical habitat for each of and the lower reaches of Choccolocco appropriate State and Federal agencies, the three species. These suggestions are and Hatchet Creeks have little flow, due county governments, elected officials, discussed below. to embayment by Coosa River reservoirs. scientific organizations, and other We reviewed all comments received As a result, we did not include these interested parties and invited them to for substantive issues and new data areas as critical habitat in this final rule. comment. We also published newspaper regarding the three mollusks, their Lower Terrapin Creek continues to notices inviting public comment in the critical habitats, and the draft economic experience natural flow, and will be following newspapers: Cherokee County analysis. Written comments and oral available to colonization if the species is Herald, Centre, AL; Daily Home, statements presented at the public successfully reintroduced into Unit IR 1. Talladega, AL; The Wetumpka Herald, hearing and received during the (4) Comment: Recent sampling has Wetumpka, AL; Chatsworth Times, comment periods are addressed in the extended the range of the rough Chatsworth, GA; Rome News Tribune, following summary. For readers’ hornsnail in Yellowleaf Creek. Rome, GA; The Daily Citizen, Dalton, convenience, we have combined similar Our response: Following publication GA; The Calhoun Times, Calhoun, GA; comments into single comments and of the proposed rule and closure of the Cleveland Daily Banner, Cleveland, TN; responses. first comment period, a snail survey of lower Yellowleaf Creek was conducted and Polk County News, Benton, TN. Peer Reviewer Comments We directly notified and requested by biologists from the Service, ADCNR, comments from all affected States. The (1) Comment: The Georgia pigtoe and Alabama Power Company. The State of Alabama provided additional survives in only 3 to 5 miles (4.8 to 8 rough hornsnail was found at several records of one species. None of the kilometers) of the Conasauga River, and sites within the upper and lower limits States expressed a position on the has been extirpated from more than 99.9 of the proposed critical habitat. The actions. During the comment periods, percent of its historic range. information that the rough hornsnail we received a total of 16 comments from Our response: Over the past 20 years, currently inhabits all of the area within one State agency, two Federal agencies, the Georgia pigtoe has been collected Unit RH 2, Yellowleaf Creek, has been eight groups, and three individuals. At from two localized collection sites on incorporated into the Background and the public hearing, we received three the Conasauga River, one at each Critical Habitat sections of this final oral comments. A transcript of the extreme of a 43-km (27-mi) reach of the rule. hearing is available for inspection at the river. We have considered this entire (5) Comment: Choccolocco Creek, Jackson, Mississippi Ecological Services reach as occupied because of the Kelly Creek, and the Coosa River below Field Office (see ADDRESSES section). similarity of habitat within this reach, Logan Martin Dam in the vicinity of the and the potential of the species to occur confluence of Kelly Creek should be Peer Review within any portion of the reach. included as critical habitat for the rough In accordance with our peer review (2) Comment: Big Canoe, hornsnail. policy published in the Federal Register Choccolocco, and Weogufka Creeks Our response: We identified two areas on July 1, 1994 (59 FR 34270), we should be designated as critical habitat with greatest conservation potential for requested the expert opinions of four for Georgia pigtoe. the rough hornsnail, Lower Coosa River knowledgeable individuals with Our response: While Big Canoe, (Unit IR 1) and Yellowleaf Creek (Unit expertise on freshwater mollusks, the Choccolocco, and Weogufka Creeks are IR 2), as both of these units contain Mobile River Basin, and conservation within the geographical range of the unoccupied habitat adjacent to occupied biology principles. The purpose of such Georgia pigtoe and appear to be suitable areas, with the potential of natural review is to ensure that the designation for the species, we are unaware of any dispersal and recolonization. Lower is based on scientifically sound data, verified historical records of the species Choccolocco Creek was considered to assumptions, and analyses, including from these three tributaries. Although have minimal conservation potential for input of appropriate experts and we have not included these areas as the species at this time because it is specialists. critical habitat in this final rule, they are embayed by Logan Martin Lake, and is We received written responses from within the geographical range of the on the Alabama 303(d) list of impaired three of the peer reviewers. All peer species and may prove to be important waters. Kelly Creek, and the short reviewers stated that the proposal in the future to the conservation of the associated reach of the Coosa River, is included a thorough and accurate species. remote from currently occupied areas. review of the available scientific and (3) Comment: Choccolocco, Hatchet, Although this area was not included in commercial data on these mollusks and and Terrapin Creeks should be the critical habitat designation for rough their habitats. One peer reviewer designated as critical habitat for the hornsnail, it may become important for provided additional details and minor interrupted rocksnail. the conservation of the species at some corrections on the shell descriptions of Our response: Choccolocco, Hatchet, point in the future. the interrupted rocksnail and rough and Terrapin Creeks are within the hornsnail. Two reviewers provided geographical area historically occupied Comments from States information on clutch size and life span by the interrupted rocksnail. Most (6) Comment: There are records of of rough hornsnail. One reviewer noted museum specimens and historical Georgia pigtoe from Kelly, Big Canoe, the collection of rough hornsnail on records of interrupted rocksnail were and Choccolocco Creeks that were not mud bottoms, and recommended from the mainstem Coosa River and acknowledged in the historical including this in the discussion of the larger tributaries (Oostanaula, distribution. physical and biological features that are Coosawhattee, Conasauga, and Etowah Our response: It is probable that any essential to the conservation of that Rivers), and we were able to document large Coosa River tributary may have species (primary constituent elements records of interrupted rocksnail from supported historical populations of the (PCEs)). This information provided by the lower reach of Terrapin Creek. It is Georgia pigtoe at some time in the past. the reviewers has been incorporated also likely that some populations We have relied on published records into the appropriate sections of this extended into the lower reaches of some and museum specimens to confirm the final rule. One peer reviewer suggested other tributaries. However, this species species’ historical presence for purposes

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of this critical habitat designation. Some consideration or management, are found light of the Service’s lack of knowledge historical Coosa River tributary records, on the areas it designated as critical of specific habitat requirements. however, have been found to be habitat. Our response: All recent records of misidentifications of other closely In this designation, when considering the Georgia pigtoe, interrupted related species, and we were unable to areas as critical habitat, we assessed rocksnail, and rough hornsnail are document any historical records of whether the areas contained features extremely localized. Because rare Georgia pigtoe from Kelly, Big Canoe, that are essential to the conservation of aquatic snails and mussels can be and Choccolocco Creeks. the species (PCEs) and whether those difficult to locate, where more than one features may require special occurrence record of a particular species Public Comments management considerations or was found within a stream reach, we (7) Comment: The conclusions protections. The presence of one or considered the entire reach between the supporting the proposed designation of more PCE was documented (see Critical uppermost and lowermost locations as the critical habitat units are not Habitat Designation section) in all of the occupied habitat. We then considered supported by data or sound science. The stream reaches designated as the adequacy of occupied habitat for Act requires the Service to refrain from unoccupied critical habitat for the conservation of the species, and designating critical habitat when the Georgia pigtoe, interrupted rocksnail, determined that designating only biological needs of the species are not and rough hornsnail. We use the occupied habitat would not be sufficient sufficiently well known to permit language ‘‘* * * one or more * * *’’ in to conserve each of these species (see identification of an area as critical recognition that all areas essential to the Criteria Used To Identify Critical habitat (citing Cape Hatteras Access conservation of a species may not Habitat section). For identification of Preserv. Alliance v. U.S. Dept. Int., 344 contain all PCEs, based on the biology unoccupied areas essential to the F. Supp. 2nd 108, 123 (D.D.C. 2004)). of the species. For example, a species conservation of the species, we Our response: We determined that, may require one area for feeding and established six criteria for their based on the best available scientific growing, another for reproduction or consideration (see Stream Reaches Not and commercial data, sufficient roosting, and still other areas for passage Currently Occupied section), including information is available to identify between feeding and growing areas. So the presence of PCEs. One of these physical and biological features while all areas may not contain the criteria prioritized stream reaches essential to the conservation of the same constituent elements, they may be adjacent to currently occupied areas. species and specific areas that meet the important at some life stage or during These reaches are similar in stream size, definition of critical habitat (see Primary some time of the year and collectively geology, and water quality to adjacent Constituent Elements (PCEs) section). they are essential to the conservation of occupied areas, and we believe that it is In the case cited by the commenter, the species. reasonable and cost effective to protect the Service had not identified any Unit GP 2 for the Georgia pigtoe areas available for natural dispersal and features essential to the conservation of includes the lower reach of Terrapin reoccupation. the species (primary constituent Creek, downstream to its confluence (10) Comment: Critical habitat elements (PCEs)) within some portions with the Coosa River, and the Coosa designation of currently uninhabited of a broad critical habitat designation for River from Weiss Dam downstream to a areas remote from occupied areas (Units piping plover, but argued that point below the confluence of Terrapin GP 2, GP 3, IR 1, IR 3) is not supported designation was proper because PCEs Creek in Cherokee County, Alabama (see by the record, and would be arbitrary would likely be found in the future. The Critical Habitat Designation, Unit GP 2, and capricious because there is no court found that this was ‘‘beyond the below). All five PCEs identified for analysis, data, or discussion whether pale of the [Act].’’ In contrast, in both Georgia pigtoe are present in Terrapin released, captive-bred stock can become the proposed and this final rule, we Creek and in the Coosa River portion of self-sustaining. identified PCEs within the designated Unit GP 2 below the confluence of Our response: Many endangered habitat (see Criteria Used To Identify Terrapin Creek. Unit IR 1 for the aquatic mollusks are so rare that Critical Habitat, and Critical Habitat interrupted rocksnail includes the Coosa relocations are not an option (National Designation sections). Therefore, we River channel between Weiss Dam to a Native Mussel Conservation Committee have complied with the requirements of point below the confluence of Terrapin 1997, p. 8). However, freshwater the Act. Creek (see Critical Habitat Designation, mussels, including endangered and (8) Comment: The Service exceeded Unit IR 1, below). All four PCEs threatened species, have been relocated the statutory basis for proposing to identified for the interrupted rocksnail with some success from areas of designate Units GP2 and IR1 as are present in the Coosa River portion disturbance into new habitats (Cope and unoccupied critical habitat by including of the Unit below Terrapin Creek. Two Waller 1995, p. 147; U.S. Fish and the potential for minimum flows as of the five PCEs for Georgia pigtoe, and Wildlife Service 2004, p. 4). Attempts to baseline criteria for the establishment of two of the four PCEs for interrupted relocate imperiled mollusks from areas the units. The Act does not provide for rocksnail, are currently present in the of natural abundance into historical special management or operational Coosa River portion of the units habitats have also been successful (e.g., considerations for proposed units that between Weiss Dam and the confluence Ahlstedt 1991, p. 141). Aquatic mollusk are presently unoccupied by target of Terrapin Creek. Minimum flows are hatchery husbandry is a relatively new species (citing Cape Hatteras Access projected to be released from Weiss Dam science. However, much progress has Preserv. Alliance v. U.S. Dept. Int., 344 as part of a Federal Energy Regulatory been made over the past 2 decades and F. Supp. 2nd 108, 123 (D.D.C. 2004)). Commission relicensing agreement in hatchery propagation of aquatic Our response: In the case cited by the the near future that will restore the mollusks is now a viable conservation commenter, the Service included areas remaining PCEs for both of these species tool (e.g., Freshwater Mollusk that clearly did not contain PCEs within in this portion of the reach, but that was Conservation Society 2006, p. 1–13). a broad critical habitat designation for not the sole basis for this designation. Reintroduction with hatchery piping plover. The Court determined (9) Comment: It is unreasonable to propagules is recognized as a primary that the Service must show that PCEs, designate unoccupied areas adjacent to recovery task for rare aquatic species in which may in the future require special current populations as critical habitat in the Mobile River Basin Aquatic

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Ecosystem Recovery Plan (U.S. Fish and analysis is not required for critical stream reaches for reoccupation by the Wildlife Service 2000, p. 30). As noted habitat designation. interrupted rocksnail through in the Background, above, the (13) Comment: Interrupted rocksnails reintroduction efforts. Based on this interrupted rocksnail has been in Alabama (Unit IR 3) that are covered analysis, and our review of the best successfully propagated and produced by the proposal are not wild, naturally available scientific information, all in sufficient numbers for limited occurring species. The reintroduced unoccupied stream reaches included in releases. Another closely related snail, colony is not reproducing and is not the critical habitat designations for each the plicate rocksnail, has been viable. of these three species, including Units propagated, and attempts to reintroduce Our response: Any interrupted IR 1 and IR 3, are essential to their the species into historical habitat in rocksnails currently surviving in Unit IR conservation. Units IR 1 and IR 3, Alabama have shown success in terms 3 are surviving individuals from however, are remote and separated by of survival and natural recruitment in releases made by ADCNR in 2003 one (Unit IR 1) or more (Unit IR 3) the reintroduced population (Johnson in through 2005, or their offspring. While impoundments from the only surviving litt. 2008). The available information there is currently no evidence that population of the interrupted rocksnail indicates that the Georgia pigtoe and natural recruitment of rocksnails has in the Oostanaula River. Therefore, interrupted rocksnail cannot be occurred on the shoal since the release, conservation of the interrupted conserved without extending the we are unable to confirm their rocksnail will require reintroduction of species’ range into historically occupied extirpation from the site. Including this the species into Unit IR 1, and areas (see Criteria Used To Identify single shoal in the designation alerts appropriate areas in Unit IR 3. Critical Habitat section). Reintroduction Federal action agencies to the species’ (15) Comment: Smaller and more using hatchery reared offspring is potential presence. protected tributaries should be currently the only option to achieve this (14) Comment: The determination that considered for reintroductions of the conservation benchmark. reintroduction of interrupted rocksnail interrupted rocksnail. into Units IR 1 and IR 3 is essential to (11) Comment: The Act and its Our response: While smaller and its conservation is not supported by the application in designating critical more protected tributaries are within the record and is arbitrary and capricious. habitat is unconstitutional in light of the historical geographical range of the Our response: Under the Summary of interrupted rocksnail, and may become clear limitations on the use of Federal Factors Affecting the Species section, important to its conservation, we relied power in the property clause of the below, we note that the surviving on documented historically occupied Constitution’s Fifth Amendment populations of each species are small, areas for the purposes of preparing this (‘‘* * * private property [shall not] be extremely localized, isolated, and critical habitat designation for the taken for public use, without just vulnerable to habitat modification, toxic reasons discussed above (see our compensation’’). spills, progressive degradation from response to Comment 6, above). Our response: The designation of land surface runoff, and catastrophic (16) Comment: There are no rough critical habitat, in and of itself, has no changes to their habitats from flood hornsnails in the habitat proposed to be legal effect on property rights or scour and drought. Under the Criteria designated as critical habitat. constitute a physical or regulatory Used To Identify Critical Habitat Our response: Rough hornsnails were ‘‘taking’’ of real estate property. Critical section, we discuss areas currently documented from Unit RH 1, Coosa habitat does not preclude property use; occupied by the species, the species’ River above the Fall Line during the rather, it only affects Federal limited extent, their vulnerability to 1990s (FLMNH in litt. 2006), and have authorization or funding of projects that random events, and the inability of most recently been documented from may adversely modify critical habitat. In these species to naturally recolonize two locations below the Fall Line the event such a finding is made in a historically occupied areas that might (Hartfield in litt. 2001, Crow in litt. section 7 consultation with the Federal now support them. This information 2008). In Unit RH 2, Yellowleaf Creek, funding or authorizing agency, the was used to determine that the rough hornsnails occur throughout the Service is required to identify designation of unoccupied critical designated reach (see Background reasonable and prudent project habitat is essential to the conservation section). alternatives. Exemption procedures of the species. Also under the Criteria (17) Comment: The Service appears to under the Act provide sufficient Used To Identify Critical Habitat be proposing to designate critical habitat opportunity to accomplish the Service’s section, we discuss our process for on the chance a particular species might statutory mandates without precluding assessing the potential of historically move into it at some point in the future. compatible use of private property. occupied stream reaches as unoccupied What happens to unoccupied critical Therefore, critical habitat designation, critical habitat, the criteria we used to habitat if a species does not naturally by itself, does not affect a taking of determine if they were essential to the repopulate the area? private property. conservation of the species, and the Our response: With appropriate (12) Comment: FWS should conduct PCEs currently present in each stream management, we hope to conserve the an analysis under the National reach considered for designation as Georgia pigtoe, interrupted rocksnail, Environmental Policy Act (NEPA) (42 critical habitat. Our reasons for and rough hornsnail within currently U.S.C. 4321 et seq.) prior to listing and designating Units IR 1 and IR 3 as occupied areas and promote natural designating critical habitat. critical habitat for the interrupted dispersal into unoccupied areas Our response: Environmental rocksnail are discussed in some detail in adjacent to occupied reaches. We assessments and environmental impact the Critical Habitat sections, below. recognize that there is little chance of statements, as defined under NEPA, are These include the presence of PCEs in natural dispersal of the Georgia pigtoe not required for regulations enacted both units, the presence of species in and interrupted rocksnail into the under section 4 of the Act (see 48 FR both units that are closely related to the designated unoccupied areas that are 49244, October 25, 1983). The FWS has interrupted rocksnail and require remote from surviving populations due determined that, outside of the similar PCEs, improvements in water to the presence of multiple dams and jurisdiction of the United States Court of quality and quantity over the past 2 large areas of impounded (and thus Appeals for the Tenth Circuit, a NEPA decades, and the potential of these two unsuitable) channels. However, newly

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developed information and technology reintroduction provisions, or alert the will impair legal activities in the unit by are promising for successful public to the Service’s consideration of landowners and waterway users. reintroductions of hatchery-reared experimental status. (23) Comment: The proposed critical individuals into these areas. Our response: As noted in our habitat designation of unoccupied (18) Comment: What happens to response to Comment 13, above, the habitat for the interrupted rocksnail critical habitat if a species becomes reintroduction of the interrupted should be withdrawn. definitively extinct? rocksnail into the lower Coosa River, Our response: We are required by Our response: The Act requires us to Alabama, was a State action conducted section 4(a) of the Act to designate conduct 5-year reviews on the status of under State regulations. The public was critical habitat at the time a species is listed species. If a species is determined notified by the State through a press listed, and to designate unoccupied to be extinct, it can be removed from the release and publication of the areas as critical habitat when we List of Endangered and Threatened reintroduction in public media. determine that the best available Wildlife through the formal rulemaking (21) Comment: The Service recognizes scientific data demonstrate that the process. If a species is removed from the (in the 2003 draft, Freshwater Mussels designation of that area is essential to List due to , areas that have and Snails of the Mobile River Basin: the conservation needs of the species been designated as critical habitat for Plan for the Controlled Propagation, (see Critical Habitat section). We that species will no longer be subject to Augmentation, and Reintroduction) that determined that Unit IR 1 and the section 7 consultation requirements reintroductions of hatchery mollusk unoccupied portions of Units IR 2 and of the Act. propagules is experimental in nature. IR 3 are essential to the conservation of (19) Comment: The Service did not Therefore, they should be designated as the interrupted rocksnail (see Criteria consider whether the reintroduced experimental populations under section Used to Identify Critical Habitat population of interrupted rocksnail 10(j) of the Act. section). present in Unit IR 3 should be Our response: The 2003 draft plan for (24) Comment: The data in the designated as experimental under controlled propagation was addressed to proposed rule relative to released section 10(j) of the Act. Listing and scientists, institutions, and agencies captive interrupted rocksnails are not designating critical habitat for contemplating propagation of mollusks consistent with ADCNR records. The reintroduced species is bad public as a management strategy. In 2003, proposed rule states that approximately policy, and is an attempt to circumvent mollusk propagation was an emerging 7,400 interrupted rocksnails were the purposes of section 10(j) of the Act. science and technology. This was the released into the Coosa River by the Our response: Under section 10(j), the first propagation plan developed for State of Alabama 2003–2005, while Secretary of the Department of the mollusk species, and sought to alert the information from ADCNR indicates that Interior can designate reintroduced intended audience (i.e., scientists and 10,476 rocksnails were released during populations established outside the State and Federal agencies this same period. species’ current range, but within its contemplating propagation of mollusks) Our response: The numbers reported historical range, as ‘‘experimental.’’ of the need for rigorous documentation in the proposed rule were a Based on the best available information, and monitoring. The use of the term typographical error. Records provided to we must determine whether an ‘‘experimental’’ in this document has no us by TNARI and the State of Alabama experimental population is ‘‘essential’’ direct connection to the term’s use document the release of 7,513 or ‘‘nonessential’’ to the continued under section 10(j) of the Act, where it interrupted rocksnails into the Coosa existence of the species. Experimental is a term used to identify reintroduced River 2003–2005. We intended to state populations that are essential to the populations of listed species outside of that approximately 7,500 snails were continued existence of the species are their geographical range that may released. TNARI records indicate treated as a threatened species, and the receive specific exemptions from around 10,476 snails were produced at Secretary may promulgate regulations section 9 of the Act. its hatchery during 2003–2005. These under section 4(d) of the Act. (22) Comment: The lack of production numbers may have been Experimental populations that are not experimental population designation for erroneously reported as released snails essential to the continued existence of interrupted rocksnails (in IR 3) may in a presentation by Dr. Paul Johnson the species are treated as species cause serious negative impacts to (Johnson in litt. 2010). proposed for listing. Section 10(j)(C)(ii) landowners, businesses, and users of the (25) Comment: The Service should prohibits designation of critical habitat Coosa River, through limiting develop a programmatic safe harbor only for experimental populations that landowners’ ability to manage agreement (SHA) to cover future are not essential to the continued properties and creating uncertainty for releases of listed aquatic mollusks in existence of the species. landowners and waterway users. Alabama. Within this rule, we reviewed the Our response: Unit IR 3 is occupied Our response: SHAs have been status of the interrupted rocksnail, its by the federally protected tulotoma snail developed as tools to encourage private historical and current range, the threats and fine-lined pocketbook, which are landowners and entities to implement affecting the conservation of the species, currently subject to the section 7 conservation measures that maintain and the areas available for its consultation provisions, as well as the existing populations, encourage conservation. We used this information section 9 prohibitions, of the Act. Apart colonization by listed species, or to identify Unit IR 3 as an area essential from limited hydropower flow expand existing populations. for the conservation of the interrupted modifications to reduce take of tulotoma Programmatic SHAs have been rocksnail, and we are designating it as snail by the Alabama Power Company, developed to envelop multiple critical habitat (see Unit IR3: Lower we are unaware of any negative impacts landowners under a single agreement, Coosa River, Elmore County, Alabama, to landowners, businesses, or users of encouraging cooperative below). this reach of the Coosa River due to the implementation and greatly reducing (20) Comment: The reintroduction of presence of mollusk species currently paperwork. SHAs and programmatic the interrupted rocksnail into Alabama protected under the Act. It is not SHAs can be important conservation prior to the proposed listing did not anticipated that this listing and the tools in recovering listed species, allow for consideration of the Act’s reintroduction of interrupted rocksnails particularly in situations where the

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cessation of voluntary conservation The economic analysis does not that may affect the population or its actions may result in take of listed anticipate economic effects to barge critical habitat. species, and return their numbers to a transportation in the ACT River system Our response: The Act does not pre-agreement baseline. We are willing as a result of this designation. require analysis of the costs of to enter into SHAs, where appropriate, (29) Comment: Speculation on future designating species as endangered or and where they would result in environmental flow releases at Carters threatened. The potential economic conservation benefits to the species. Reservoir is pre-decisional, as the Corps’ impacts associated with critical habitat (26) Comment: Due to the lack of Water Control Manual update is not designation for the interrupted specific information on the biology of complete. rocksnail, as well as costs of protective these species, the U.S. Army Corps of Our response: The economic analysis measures for the species already Engineers (Corps) could face operational draws on publically available expected to occur without proposed restrictions (at Carters Reservoir) that information, as well as insights from critical habitat designation, are have no relation to the conservation of professionals involved in water presented in the economic analysis as the species. management in the ACT basin, to arrive baseline costs. Specifically, incremental Our response: Under section 7 of the at reasonable estimates of the future costs are anticipated to result entirely Act, the Corps will need to consult with economic impacts of species from the added administrative us should their activities adversely conservation efforts on hydropower and requirements of forecast section 7 affect the species or adversely modify other water management activities. The consultations, and are estimated to be their critical habitats. We have broadly final economic analysis includes approximately $44,000 annually, defined activities that may destroy or additional caveats with regard to assuming a 7 percent discount rate. adversely modify critical habitat below impacts associated with potential Costs associated with future ‘‘ (see Application of the Adverse environmental flow releases related to conservation efforts that may benefit the ’’ Modification Standard, below), and Corps facilities (Industrial Economics, three mollusks in critical habitat areas will work with the Corps to ensure that Inc. 2010, pp. 3–6—3–10). are estimated to be $8.97 million to the best available information is used (30) Comment: Critical habitat $9.16 million annually, assuming a 7 when they consult with us. Carters designation could impact power percent discount rate. Most (96 percent) Reservoir is remote from any of the production, increase costs, and of baseline costs quantified are areas designated as critical habitat by potentially have significant impacts to conservation efforts related to potential this rule. The Coosawattee River below municipalities and cooperatives that lost hydropower production value at Carters Reservoir was designated as three facilities. critical habitat for several mussel benefit from hydropower. species in 2004 (see 69 FR 40084, July Our response: The potential effects of Summary of Factors Affecting the 1, 2004). Our final economic analysis this designation on power production Species (Industrial Economics, Inc. 2010, pp. were considered in the economic Section 4 of the Act (16 U.S.C. 1533), 3–6—3–10) found that there would only analysis. The economic analysis finds and implementing regulations at 50 CFR be incremental administrative costs that water managers at four part 424, set forth procedures for adding associated with this listing and critical hydroelectric production facilities in the species to the Federal Lists of habitat designation and operations at ACT Basin are likely to undertake Endangered and Threatened Wildlife Carters Reservoir. conservation efforts for listed species and Plants. Under section 4(a) of the (27) Comment: What is the present that will benefit the three mollusks, at Act, we may list a species on the basis need for designation of critical habitat an estimated cost of $8.8 million of any of five factors, as follows: (A) The and its related administrative costs at a annually. Specifically, three facilities present or threatened destruction, time of severe economic difficulty? (Carters, Weiss, Jordan) are expected to modification, or curtailment of its Our response: We are required by the modify operations to provide additional habitat or range; (B) overutilization for Act to designate critical habitat, when flows for the benefit of downstream commercial, recreational, scientific, or prudent and determinable, at the time of aquatic species. However, these educational purposes; (C) disease or listing. However, our economic analysis modifications related to conserving the predation; (D) the inadequacy of identified relatively small incremental Georgia pigtoe, interrupted rocksnail, existing regulatory mechanisms; or (E) costs that will occur due to this critical and rough hornsnail are expected to other natural or manmade factors habitat designation (Industrial occur absent these critical habitat affecting its continued existence. Economics, Inc. 2010). Specifically, designations, because the areas affected The following analysis examines all incremental costs are anticipated to have been previously designated as five factors currently affecting or that result entirely from the added critical habitat for, and are occupied by, are likely to affect Georgia pigtoe, administrative requirements of forecast other listed mollusk species with interrupted rocksnail, and rough section 7 consultations, and are similar PCEs and habitat needs. hornsnail snail. The five factors listed estimated to be approximately $44,000 Incremental economic impacts resulting under section 4(a)(1) of the Act and annually, assuming a 7 percent discount from these critical habitat designations their application to the Georgia pigtoe rate. These administrative costs are are expected to arise from expected mussel (Pleurobema hanleyianum), unlikely to have a significant effect on administrative requirements of forecast interrupted rocksnail (Leptoxis regional or national economic section 7 consultations between Federal foremani), and rough hornsnail conditions. regulatory agencies and the Service (see (Pleurocera foremani) are as follows: (28) Comment: The Service should our response to Comment 27, above). avoid interference with barge (31) Comment: The listing of the A. The Present or Threatened transportation in the Alabama-Coosa- interrupted rocksnail and its critical Destruction, Modification, or Tallapoosa (ACT) River system. habitat could have serious negative Curtailment of Its Habitat or Range Our response: The critical habitat impacts on landowners, businesses, and All three species have experienced designations in this rule are outside of users of the Coosa River system because significant curtailment of their occupied or peripheral to areas used for barge it will require take avoidance and habitats (see Background section). The transportation in the ACT River system. section 7 consultations for an activity Georgia pigtoe has been eliminated from

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more than 90 percent of its historical of the Coosa River and its 19 largest the termination order (FERC 2005b, p. range of 480 river km (298 river mi). It tributaries are inundated or affected by 1), but was denied (FERC 2006a, pp. 1– now inhabits only 43 river km (27 river flow regulation (Marcinek et al. 2005, 3). However, the applicant has since mi). Interrupted rocksnail has been pp. 12–16). applied for a preliminary permit to eliminated from 99 percent of its Dam construction on the Coosa River proceed with the hydroelectric facility historical range of 800 river km (497 had a secondary effect of fragmenting and issued a Notice of Intent and related river mi), and is now known from 12 the ranges of aquatic mollusk species, documents to file for a license river km (7 river mi). The rough such as the Georgia pigtoe, interrupted application at Carters Re-Regulation hornsnail has disappeared from more rocksnail, and rough hornsnail, leaving Dam (Fall Line Hydro Company, Inc. than 99 percent of its historical range of relict habitats and populations isolated 2009). 321 river km (199 river mi), and now by the structures as well as by extensive Rough hornsnails currently survive in occurs in less than 1 river km (0.6 river areas of uninhabitable, impounded Lower Yellowleaf Creek, at the mi). The primary cause of range waters. Isolated populations were left transitional area between the flowing curtailment for all three species has more vulnerable to, and affected by, stream and the embayment created by been modification and destruction of natural events (such as droughts), runoff Lay Dam, and in a small area of the river and stream habitats, primarily by from common land-use practices (such Coosa River below the shoals along the the construction of large hydropower as agriculture, mining, urbanization), Fall Line near Wetumpka, Alabama. dams on the Coosa River. This habitat discharges (such as municipal and Known from the main channel of the loss was compounded by fragmentation industrial wastes), and accidents (such Coosa River and the mouths of some of and isolation of the remaining free- as chemical spills) that reduced the larger tributaries, all historical flowing portions of the Coosa River and population levels or eliminated habitat habitats, including the two where the its tributaries, as well as the species’ (Neves et al. 1997, pp. 64–71; U.S. Fish rough hornsnail currently survives, are increased vulnerability to local and Wildlife Service 2000, pp. 14–15). affected to some degree by impounded historical events of water quality and As a result, many relict populations waters and hydropower releases. habitat degradation. became locally extirpated, and many The Georgia pigtoe historically mollusk species were driven to occurred in the Coosa River and many Dams and Impoundments extinction (Bogan et al. 1995, pp. 250– of its major tributaries. As noted above, Dams eliminate or reduce river flow 251; Lydeard and Mayden 1995, pp. the Coosa is impounded throughout within impounded areas, trap silts and 803–804; Neves et al. 1997, pp. 54, 62; most of its length by major hydropower cause sediment deposition, alter water U.S. Fish and Wildlife Service 2000, pp. dams. In addition, all historically temperature and dissolved oxygen 6–9). If conditions subsequently occupied tributaries are isolated from levels, change downstream water flow improved, the surviving mollusk species each other by one or more of these dams and quality, affect normal flood were unable to naturally recolonize and extensive reaches of impounded patterns, and block upstream and suitable areas, due to impediments waters. The species is currently known downstream movement of species created by the dams and impounded to survive only in the Upper Conasauga (Watters 1999, pp. 261–264; McAllister waters. River, far above the influence of the et al. 2000, p. iii; Marcinek et al. 2005, The only known natural population of Coosa River impoundments. pp. 20–21). Within impounded waters, the interrupted rocksnail occurs in the Water and Habitat Quality decline of freshwater mollusks has been free-flowing Oostanaula River (Williams attributed to sedimentation, decreased and Hughes 1998, p. 9; Johnson and The disappearance of shoal dissolved oxygen, and alteration in Evans 2001, p. 25). The Oostanaula populations of rough hornsnail, resident fish populations (Neves et al. River is formed by the confluence of the interrupted rocksnail, and Georgia 1997, pp. 63–64; Watters 1999, pp. 261– Conasauga and Coosawatee Rivers. The pigtoe from unimpounded relict habitats 264; Marcinek et al. 2005, pp. 9–10). Upper Coosawatee is impounded by in the Coosa River drainage is likely due Below dams, mollusk declines are Carters Dam, a hydropower dam which to historical pollution problems. associated with changes and fluctuation discharges into Carters Re-regulation Pleurocerid snails and freshwater in flow regime, scouring and erosion, Dam and from there into the Coosawatee mussels are highly sensitive to water reduced dissolved oxygen levels and River. Hydropower discharges from and habitat quality (Havlik and Marking water temperatures, and changes in Carters Dam are believed to be 1987, pp. 1–15; Neves et al. 1997, pp. resident fish assemblages (Williams et implicated in the disappearance of the 64–69). Historical causes of water and al. 1992b, p. 7; Neves et al. 1997, pp. interrupted rocksnail from the habitat degradation in the Coosa River 63–64; Watters 1999, pp. 261–264; Coosawattee River (Johnson and Evans and its tributaries included drainage Marcinek et al. 2005, pp. 20–21). The 2001, p. 26). The effects of power from gold mining activities, industrial decline and extinction of freshwater generation discharges from Carters Dam, and municipal pollution events, and snails and mussels in the Mobile River including cold water temperatures are construction and agricultural runoff (for Basin has been directly attributed to evident downstream (Williams and example, Hurd 1974, pp. 38–40; construction of numerous large Hughes 1998, p. 11), even to the shoals Lydeard and Mayden 1995, pp. 803– impoundments in the major river on the Oostanaula River where the 804; Freeman et al. 2005, pp. 560–562). systems (Williams et al. 1992b, pp. 1– interrupted rocksnail is found (Johnson Prior to the passage of the Federal 8; Bogan et al. 1995, pp. 250–251; and Evans 2001, p. 26; Marcinek et al. Clean Water Act (33 U.S.C. 1251 et seq., Lydeard and Mayden 1995, pp. 803– 2005, p. 15). A Federal Energy 1972) and the adoption of State water 804; Neves et al. 1997, pp. 62, 64; Regulatory Commission (FERC) license quality regulations and criteria, water Marcinek et al. 2005, p. 9). was issued to construct a hydroelectric pollution was a significant factor in the The Georgia pigtoe, interrupted facility on the Carters Re-regulation disappearance of mollusks from rocksnail, and rough hornsnail are all Dam (FERC 2001, pp. 1–2). A notice of unimpounded river and stream endemic to the Coosa River system. The probable termination of license has been channels in the Mobile River Basin Coosa River was impounded by six issued due to failure to commence (Baldwin 1973, p. 23; Hurd 1974, pp. major dams constructed between 1928 construction in a timely manner (FERC 38–40, 144–151). Hurd (1974, pp. 147– and 1966. Today, more than 60 percent 2005a, pp. 1–2). The applicant appealed 149), for example, noted the extirpation

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of freshwater mussel communities from 2001, p. 26). Following its rediscovery, in adult and juvenile mussels and the Conasauga River below Dalton, the interrupted rocksnail population snails, and limits access to substrate Georgia, apparently as a result of textile size in the Oostanaula River has interstices important to juvenile and and carpet mill waste discharges. He declined from a high of 10 to 45 snails adult mussels. Algal mats also provide also attributed the disappearance of the per square meter (10.7 sq ft) in 1999 cover for invertebrate predators of mussel fauna from the Etowah River and (Johnson and Evans 2001, p. 22) to only juvenile mollusks (such as flatworms, other tributaries of the Coosa River to 20 snails found during 6 search-hours in hydra, and chironomids) and increase organic pollution and siltation. Baldwin 2004 (Johnson in litt. 2003, 2004). The their vulnerability to such predators. (1973, p. 23) documented the loss of cause of decline is suspected to be some Filamentous algae may also displace mussel diversity in the Cahaba River form of water contamination (Johnson in certain species of fish, or otherwise and identified the primary causes as litt. 2003, 2004; Hartfield in litt. 2006). affect fish–mussel interactions essential pollution from coalfields and industrial Nonpoint source pollution from land to recruitment (for example, Hartfield and urban wastes. surface runoff originates from virtually and Hartfield 1996, p. 373). In Although Federal and State water all land use activities and includes hatcheries, filamentous algal growth quality laws and regulations have sediments; fertilizer, herbicide, and reduces juvenile mussel survival by generally reduced the impacts of point pesticide residues; or human reducing flow, increasing source discharges, nonpoint source wastes; septic tank leakage and gray sedimentation, and causing competition pollution continues to affect and water discharge; and oils and greases with and reduction of the unicellular possibly threaten the remaining (GDNR 1998, pp. 4.27–4.42; ACWP algal community on which the mussels populations of each of these mollusk 2005, Chap. 9). Nonpoint source feed (Neves Pers. comm. 2002). Nutrient species. Nonpoint source pollution has pollution can cause excess and sediment pollution may have been identified as a concern in the sedimentation, nutrification, decreased synergistic effects (when the toxic effect Yellowleaf Creek and Lower Coosa dissolved oxygen concentration, of two or more pollutants operating River watersheds (Alabama Clean Water increased acidity and conductivity, and together is greater than the sum of the Partnership (ACWP) 2005 Chapter 12). other changes in water chemistry that effects of the pollutants operating These drainages encompass historical can seriously impact aquatic mollusks. individually) on freshwater mollusks, as habitat for the interrupted rocksnail and Land use types around the Georgia has been suggested for aquatic insects Georgia pigtoe, currently occupied pigtoe, interrupted rocksnail, and rough (Waters 1995, p. 67). habitat for the rough hornsnail, and a hornsnail populations include pastures, Land surface runoff contributes the recent reintroduction of the interrupted row crops, timber, and urban and rural majority of human-induced sediments rocksnail. Both Yellowleaf Creek and communities. and nutrients to water bodies the eastern watershed of the Lower Excessive sediments are believed to throughout the United States. The Coosa River have been designated as impact riverine mollusks requiring human population is expanding within High Priority Watersheds by the ACWP clean, stable streams (Ellis 1936, pp. 39– the areas currently occupied by the (2005 Chap. 12), due to the high 40; Brim Box and Mossa 1999, p. 99). Georgia pigtoe, interrupted rocksnail, potential of nonpoint source pollution Impacts resulting from sediments have and rough hornsnail, increasing the associated with expanding human been noted for many components of sediment and nutrient input to their population growth rates and aquatic communities. For example, riverine habitats, and leaving these urbanization. The headwaters of sediments have been shown to abrade or mollusks vulnerable to progressive Yellowleaf Creek are about 5 km (3 mi) suffocate periphyton (organisms water and habitat degradation from land southeast of the greater metropolitan attached to underwater surfaces, upon surface runoff. area surrounding Birmingham, and the which snails may feed); affect Accidental spills that may affect water watershed is highly dissected by county respiration, growth, reproductive or habitat quality also threaten surviving roads. The Lower Coosa River is about success, and behavior of aquatic insects populations of each species. For 16 km (10 mi) north of the Montgomery and mussels; and affect fish growth, example, on September 12, 2006, a train greater metropolitan area and is survival, and reproduction (Waters derailment spilled four tank cars of accessible by a four lane highway. Both 1995, pp. 173–175). Potential sediment soybeans into a tributary of Yellowleaf general areas are experiencing growth sources within a watershed include Creek (Birmingham News in litt. 2006). due to their proximity to major virtually all activities that disturb the A large rain event flushed the metropolitan areas. land surface, and all localities currently decomposing soybeans into Yellowleaf Nonpoint source pollution and habitat occupied by these mollusks are affected Creek, resulting in a serious decline in deterioration are also problems in the to varying degrees by sedimentation. dissolved oxygen in the stream, killing Upper Coosa River Basin, including the Land surface runoff also contributes fishes, mussels (including two Conasauga and Oostanaula rivers nutrients to rivers and streams. , southern pigtoe (Georgia Department of Natural Excessive nutrient input (for example, (Fusconaia cerina) and triangular Resources (GDNR) 1998, pp. 4.27–4.42). nitrogen and phosphorus from kidneyshell (Ptychobranchus greenii)), In the reaches of the Conasauga River fertilizers, sewage, and animal manure) and snails (including the endangered where the Georgia pigtoe continues to can result in effects that are detrimental cylindrical lioplax (Lioplax survive, overall molluscan abundance to aquatic species. High levels of cyclostomaformis)) (Johnson 2006). and diversity have experienced a nutrients in surface runoff can promote Fortunately, the location of the largest general decline over the past 2 decades excessive filamentous algal growth. surviving population of rough hornsnail that has been primarily attributed to Dense algal growth covers gravel, is in the lowest reaches of Yellowleaf water or sediment toxicity and channel cobble, or bedrock substrates and Creek, remote from the spill, and no instability (Johnson and Evans 2000, pp. interstices (spaces between bottom mortality was observed in this 171–173; Sharpe and Nichols 2005, pp. particles), and can seriously reduce population as a result of the spill 81–88). Sedimentation has been dissolved oxygen in waters during dark (Johnson 2006). identified as a potential limiting factor hours due to algal respiration (Shepard In summary, the historical loss of for the interrupted rocksnails in the et al. 1994, pp. 61–64), which affects habitat and range is currently, and Oostanaula River (Johnson and Evans feeding, reproduction, and respiration projected to continue to be, a significant

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threat to the rough hornsnail, In summary, disease in freshwater interrupted rocksnail, and rough interrupted rocksnail, and Georgia mollusks is poorly known and is not hornsnail or their host fish species to pigtoe. Curtailment of habitat and range currently considered a threat to the common industrial and municipal also amplifies threats from nonpoint Georgia pigtoe, interrupted rocksnail, or pollutants, and little information on source water and habitat quality rough hornsnail. Although there is no other freshwater mollusks. Current State degradation, accidental spills, or direct evidence at this time that and Federal regulations regarding violation of permitted discharges. Due predation is detrimentally affecting the pollutants are assumed to be protective to the extremely limited extent of Georgia pigtoe, interrupted rocksnail, or of freshwater mollusks; however, these habitat currently occupied by each rough hornsnail, their small populations species may be more susceptible to species, and the severity and magnitude and limited ranges leaves them some pollutants than test organisms of this threat, we have determined that vulnerable to threats of predation from commonly used in bioassays. For the present or threatened destruction, natural or introduced predators. example, several recent studies suggest modification, or curtailment of habitat Therefore, we have concluded that that U.S. Environmental Protection and range represents an ongoing and predation currently represents a threat Agency’s (EPA) criteria for ammonia significant threat to the rough hornsnail, of low magnitude, but it could may not be protective of freshwater interrupted rocksnail, and Georgia potentially become a significant future mussels (Augspurger et al. 2003, p. pigtoe. threat to the Georgia pigtoe, interrupted 2571; Augspurger et al. 2007, p. 2026; rocksnail, or rough hornsnail due to Newton et al. 2003, pp. 2559–2560; B. Overutilization for Commercial, their small population sizes. Newton and Bartsch 2007, p. 2057; Recreational, Scientific, or Educational Ward et al. 2007, p. 2075). Purposes D. The Inadequacy of Existing In a review of the effects of Regulatory Mechanisms The Georgia pigtoe, interrupted eutrophication on mussels, Patzner and The Alabama Department of rocksnail, and rough hornsnail are not Muller (2001, p. 329) noted that Conservation and Natural Resources commercially utilized. Each species has stenoecious (narrowly tolerant) species currently recognizes the rough hornsnail been taken for scientific and private disappear as waters become more as a ‘‘Priority 1’’ species (Highest collections in the past, yet collecting is eutrophic. They also refer to studies that Conservation Concern) (Mirarchi et al. not considered a factor in the decline of associate increased levels of nitrate with 2004, p. 117; ADCNR 2005, p. 302). The these species. While collection is not the decline and absence of juvenile interrupted rocksnail is considered mussels (Patzner and Muller 2001, pp. considered a current threat, the ‘‘Extirpated (in Alabama)—Conservation 330–333). Other studies also suggest desirability of these species in scientific Action Underway’’ (Mirarchi et al. 2004, that early life stages of mussels are more and commercial collections may p. 114), and the Georgia pigtoe is listed sensitive to metals and such inorganic increase as their existence and rarity as ‘‘extinct’’ (Mirarchi et al. 2004, p. 13). chemicals as chlorine and ammonia becomes known, and their localized While these classifications identify the than are common bioassay test distributions and small population sizes status of imperiled species in the State organisms (Keller and Zam 1991, pp. leaves them vulnerable to overzealous of Alabama, they convey no legal 543–545; Goudreau et al. 1993, p. 221; recreational or scientific collecting. protection. Interrupted rocksnail and Naimo 1995, pp. 354–355). Therefore, it C. Disease or Predation Georgia pigtoe currently lack any appears that inadequate research and official status recognition by the State of data prevent existing regulations, such Diseases of freshwater mollusks are Georgia, but they have been nominated as the Clean Water Act (administered by poorly known and are not currently for inclusion on the State Protected the EPA and the Corps), from being fully considered to be a threat to the Georgia Species List. The Georgia pigtoe is utilized or effective in the management pigtoe, interrupted rocksnail, or rough identified as a species of the Greatest and protection of these species. hornsnail, nor a factor in their decline. Conservation Need by the State of Rough hornsnails currently survive at Aquatic snails and mussels are Tennessee. NatureServe (2010) localized sites in Yellowleaf Creek and consumed by various vertebrate identifies the Georgia pigtoe, in the Lower Coosa River below predators, including fishes, mammals, interrupted rocksnail, and rough Wetumpka Shoals in Alabama. In and possibly birds. Although predation hornsnail as G1 critically imperiled addition, the interrupted rocksnail was by naturally occurring predators is a species; however, no State or Federal recently reintroduced into Wetumpka normal aspect of the population protection is conveyed by these Shoals. The Alabama Department of dynamics of a species and is not known classifications. Without State or Federal Environmental Management (ADEM) to be a threat to any of these species, protection, these three species are not has designated the water use changes in water flows, depths, currently given any specific special classification for some portions of temperatures, and other environmental consideration under environmental laws Yellowleaf Creek as ‘‘Swimming’’ (S) factors within some portions of their when project impacts are reviewed, and others as ‘‘Fish and Wildlife’’ (F&W). ranges may have led to increased other than those provided for water The F&W designation establishes numbers of native mollusk-eating fish, quality. minimum water quality standards that such as freshwater drum (Johnson in The mollusk fauna (including the are believed to protect existing species litt. 2005b). In addition, the potential Georgia pigtoe) of the Conasauga River and water uses (for example, fishing, now exists for the black carp and the interrupted rocksnail in the recreation, irrigation) within the (Mylopharyngodon piceus), a mollusk- Oostanaula River have experienced designated area, while the S eating Asian fish recently introduced significant declines in recent years, classification establishes higher water into the waters of the United States apparently due to water quality or quality standards that are protective of (U.S. Fish and Wildlife Service 2002, p. sediment toxicity (Evans 2001, p. 3; human contact with the water. The 49280), to eventually enter and disperse Johnson in litt. 2004; Sharpe and Lower Coosa River below Wetumpka is through the Mobile River Basin via the Nichols 2005, pp. 1–4; Konwick et al. currently designated as F&W by ADEM, Tennessee-Tombigbee Waterway, or by 2008, pp. 2016–2017). There is no and adjacent tributaries are classified as their accidental release from catfish specific scientific information on the S. Both water bodies are currently farms or other aquaculture facilities. sensitivity of the Georgia pigtoe, believed to support their designated

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uses. However, Yellowleaf Creek and imminent threat of high magnitude to human assistance. Low numbers of the eastern watershed of the Lower the Georgia pigtoe, interrupted individuals within these isolated Coosa have been designated as High rocksnail, and rough hornsnail. populations also increase the risks and Priority Watersheds by the ACWP (2005, consequences of inbreeding and E. Other Natural or Manmade Factors Chap. 12), due to a lack of monitoring reduced genetic diversity (Lynch 1996, Affecting Its Continued Existence data and the high potential of nonpoint pp. 493–494). source pollution in these drainages As noted under Factor A, above, the The Georgia pigtoe may be adversely associated with expanding human Georgia pigtoe, interrupted rocksnail, affected by the loss or reduction in population growth rates and and rough hornsnail have been numbers of the fish host(s) essential to urbanization. eliminated from 90 percent or more of its parasitic glochidial stage. The The reach of the Conasauga River at their historical ranges. Surviving specific fish host(s) for the glochidia of and below the Tennessee–Georgia State populations of each species are small, the Georgia pigtoe is unknown; Line supports the only known surviving extremely localized, isolated, and therefore, specific impacts on this population of the Georgia pigtoe. This vulnerable to habitat modification, toxic aspect of the mussels’ life cycle cannot river reach is identified on Georgia’s spills, and progressive degradation from be evaluated. However, other species of 303(d) list of impaired waters as land surface runoff (nonpoint source mussels in the genus Pleurobema are partially supporting its designated use runoff) (see Factor A: Dams and known to parasitize various species of of Fishing–Drinking Water (GDNR 2006, Impoundments, Water and Habitat chubs, minnows, stonerollers, and other p. 35). The Georgia 303(d) list identifies Quality; and Factor D: The inadequacy stream fish species. high levels of fecal coliform bacteria and of existing regulatory mechanisms). In summary, a variety of natural or polychlorinated biphenyls (PCBs) as the These conditions also leave each species manmade factors, such as droughts, reasons for this river reach’s inclusion vulnerable to catastrophic changes to storms, and toxic spills, threaten on the list; nonpoint pollution is their habitats that may result from surviving populations of the Georgia identified as the source of pollutants natural events such as flood scour or pigtoe, interrupted rocksnail, and rough (GDNR 2006, p. 35). Recent studies also drought. hornsnail due to the highly restricted implicate sediment and water toxicity in There is a growing concern that and fragmented nature of their habitats the decline of mollusks in the climate change may lead to increased and their small population sizes. Other Conasauga River (Sharpe and Nichols frequency of severe storms and droughts factors, such as inbreeding, reduced 2005, pp. 81–88; Konwick et al. 2008, (for example, Golladay et al. 2004, p. genetic diversity, and loss or reduction pp. 2016–2017). 504; McLaughlin et al. 2002, p. 6074; of fish hosts for the Georgia pigtoe, may States maintain water-use Cook et al. 2004, p. 1015). During 2007 threaten each of the three species; classifications through issuance of and 2008, a severe drought affected the however, the severity and magnitude of National Pollutant Discharge Coosa River watershed in Alabama and these threats are not currently known. Elimination System (NPDES) permits to Georgia. Streamflow for the Conasauga However, we have determined that industries, municipalities, and others River at Tilton, Georgia, during natural and manmade factors, such as that set maximum limits on certain September 2007, was the lowest accidental spills, floods, and droughts, pollutants or pollutant parameters. For recorded for any month in 69 years (U.S. currently pose an imminent and high water bodies on the 303(d) list, States Geological Survey 2007, pp. 1–2). degree of threat to the Georgia pigtoe, are required under the Clean Water Act Although the effects of the drought on interrupted rocksnail, and rough to establish a total maximum daily load the Georgia pigtoe, interrupted hornsnail, and the levels of these threats (TMDL) for the pollutants of concern rocksnail, and rough hornsnail have not are projected to continue or increase in that will bring water quality into the been quantified, mollusk declines as a the future. applicable standard. The Georgia direct result of drought have been Conclusion and Determination Department of Natural Resources has documented (for example, Golladay et identified TMDLs for the Oostanaula al. 2004, p. 494; Haag and Warren 2008, We carefully assessed the best River to address existing problems of p. 1165). Reduction in local water scientific and commercial information PCBs and fecal coliform loads from supplies due to drought is also available regarding the past, present, nonpoint source and urban runoff compounded by increased human and future threats to the Georgia pigtoe, sources. demand and competition for surface and interrupted rocksnail, and rough In summary, recent declines in ground water resources for power hornsnail. Section 3(6) of the Act mollusk communities within the ranges production, irrigation, and consumption defines an endangered species as ‘‘any of each of these species has been (Golladay et al. 2004, p. 504). species which is in danger of extinction attributed to poor water or sediment Freshwater mussels and snails are throughout all or a significant portion of quality. Although regulatory capable of moving only short distances. its range.’’ We find that each of these mechanisms are in place to protect As noted previously (see discussion three species is presently in danger of aquatic species, a lack of specific under Factor A: Dams and extinction throughout its entire range, information on the sensitivity of the Impoundments), there are numerous based on the immediacy and magnitude Georgia pigtoe, interrupted rocksnail, obstacles in the Coosa River drainage of the threats described above. Based on and rough hornsnail and their host fish preventing long distance movement of our analysis, we have no reason to to common industrial and municipal snails, mussels, or the fish hosts of believe that population trends for any of pollutants limits their application. mussels between relict patches of the three species addressed in this final Water and sediment quality is believed historically occupied and potentially rule will improve, nor will the effects of to currently affect (and is expected to suitable riverine habitats. Therefore, current threats acting on the species be continue to affect) the Georgia pigtoe even if habitat conditions improve for ameliorated in the foreseeable future. and interrupted rocksnail and has been the survival of the Georgia pigtoe, Therefore, on the basis of the best identified as a concern for the rough interrupted rocksnail, and rough available scientific and commercial hornsnail in Yellowleaf Creek. hornsnail in historically occupied information, we are listing the Georgia Therefore, we determine that inadequate stream and river habitats, they will be pigtoe, interrupted rocksnail, and rough existing regulatory mechanisms are an unable to recolonize those areas without hornsnail as endangered under the Act.

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Without the protection of the Act, essential for the conservation of the Endangered Species Act,’’ published in these species are in danger of extinction species. the Federal Register on July 1, 1994 (59 throughout all of their ranges. This Conservation, as defined under FR 34271), the Information Quality Act could occur within a few years, given section 3 of the Act, means to use and (section 515 of the Treasury and General recurring drought conditions, accidents, the use of all methods and procedures Government Appropriations Act for or other existing threats. Furthermore, that are necessary to bring any Fiscal Year 2001 (Pub. L. 106–554; H.R. because of their curtailed ranges, and endangered species or threatened 5658)), and our associated Information immediate and ongoing significant species to the point at which measures Quality Guidelines provide criteria, threats to each species throughout their provided under the Act are no longer establish procedures, and provide entire respective ranges, as described necessary. guidance to ensure that our decisions above in the five-factor analysis, we find Critical habitat receives protection represent the best scientific data that it is unnecessary to analyze under section 7 of the Act through the available. whether there are any significant prohibition against Federal agencies When determining which areas we portions of ranges for each species that carrying out, funding, or authorizing the should propose as critical habitat, our may warrant a different determination destruction or adverse modification of primary source of information is of status. critical habitat. Section 7(a)(2) of the Act generally the information developed requires consultation on Federal actions during the listing process for the Summary of Critical Habitat Changes that may affect critical habitat. The species. Additional information sources From Proposed Rule designation of critical habitat does not may include the recovery plan for the We have considered all comments affect land ownership or establish a species, articles in peer-reviewed and information received during the refuge, wilderness, reserve, preserve, or journals, conservation plans developed open comment period for the proposed other conservation area. Such by States and counties, scientific status rule to designate critical habitat for the designation does not allow the surveys and studies, biological Georgia pigtoe mussel, interrupted government or public to access private assessments, or other unpublished rocksnail, and rough hornsnail. We have lands. Such designation does not materials and expert opinion or included mud as a substrate utilized by require implementation of restoration, personal knowledge. the rough hornsnail based upon recovery, or enhancement measures by Habitat is often dynamic, and species information provided by a peer private landowners. Where a landowner may move from one area to another over reviewer, and added this descriptor into requests Federal agency funding or time. Furthermore, we recognize that PCE 4 for the rough hornsnail (see Peer authorization for an action that may designation of critical habitat may not Review, above, and rough hornsnail PCE affect a listed species or critical habitat, include all of the habitat areas that we 4, below). We have also modified PCE the consultation requirements of Section may eventually determine, based on 3 for all three species to reflect 7(a)(2) may apply. However, even in the scientific data not now available to the information under Factors A and D, event of a destruction or adverse Service, are necessary for the recovery modification finding, the Federal action of the species. For these reasons, a above, that some parameters identified agency’s and the applicant’s obligation critical habitat designation should not under current water quality life criteria is not to restore or recover the species, be interpreted as meaning that habitat established under the Clean Water Act but to implement reasonable and outside the designated area is (33 U.S.C. 1251–1387) are not adequate prudent alternatives to avoid unimportant or may not be required for to sustain normal behavior, growth, and destruction or adverse modification of recovery of the species in question. viability of all life stages of mollusks. critical habitat. Areas that support populations, but We have also defined the upstream and To be included in a critical habitat are outside the critical habitat downstream limits of the critical habitat designation, the habitat within the designation, will continue to be subject units by Universal Transverse Mercator geographic area occupied by the species to conservation actions we implement (UTM) zone 16, coordinates in the must first have the physical and under section 7(a)(1) of the Act. They Regulation Promulgation, below. No biological features that are essential to are also subject to the regulatory other changes have been made to the the conservation of the species. The protections afforded by the section proposed designation, including the Service must identify, to the extent 7(a)(2) jeopardy standard, as determined number, extent, and location of the known using the best scientific data on the basis of the best available individual units designated as critical available, habitat areas that provide scientific information at the time of the habitat. essential life cycle needs of the species agency action. Federally funded or Critical Habitat (i.e., areas on which are found the permitted projects affecting listed Primary Constituent Elements (PCEs), as species outside their designated critical Critical habitat is defined in section 3 defined at 50 CFR 424.12(b)). Second, to habitat areas may still result in jeopardy of the Act as: be included in the designation, the findings in some cases. Similarly, (1) The specific areas within the features at issue must also be ones that critical habitat designations made on the geographical area occupied by a species, may require special management basis of the best available information at at the time it is listed in accordance considerations or protection. Under the the time of designation will not control with the Act, on which are found those Act, we can designate unoccupied areas the direction and substance of future physical or biological features as critical habitat only when we recovery plans, habitat conservation (a) Essential to the conservation of the determine that the best available plans (HCPs), or other species species, and scientific data demonstrate that the conservation planning efforts if new (b) Which may require special designation of that area is essential to information available to these planning management considerations or the conservation needs of the species. efforts calls for a different outcome. protection; and Section 4 of the Act requires that we (2) Specific areas outside the designate critical habitat on the basis of Methods geographical area occupied by a species the best scientific and commercial data As required by section 4(b)(2) of the at the time it is listed, upon a available. Furthermore, our ‘‘Policy on Act, we use the best scientific data determination that such areas are Information Standards Under the available in determining occupied areas

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that contain the features that are limited information available on these the water column (Williams et al. 2008, essential to the conservation of the three species and their close relatives, p. 67). Food availability and quality for Georgia pigtoe, interrupted rocksnail, and factors associated with the decline the Georgia pigtoe, interrupted and rough hornsnail, and unoccupied and extirpation of these and other rocksnail, and rough hornsnail in shoal areas that are essential to the aquatic mollusks from extensive habitats are affected by habitat stability, conservation of the Georgia pigtoe, portions of the Mobile River Basin. water flow, and water quality. interrupted rocksnail, and rough Space for Individual and Population Water hornsnail. Growth and for Normal Behavior We have reviewed the available The Georgia pigtoe, interrupted information pertaining to historical and The Georgia pigtoe, interrupted rocksnail, and rough hornsnail are current distributions, life histories, and rocksnail, and rough hornsnail were all riverine-adapted species that depend habitat requirements of these species. historically associated with stream and upon adequate water flow (Williams et Our sources included: peer reviewed river shoals of the Coosa River drainage al. 2008, p. 534; Goodrich 1922, p. 5) scientific publications; unpublished (Goodrich 1922, p. 5; Johnson and Evans and are not found in ponds or lakes. survey reports; unpublished field 2001, p. 21; Williams et al. 2008). The Continuously flowing water is a habitat observations by the Service, State, and decline of the aquatic mollusk fauna of feature associated with all surviving other experienced biologists; and notes the Mobile River Basin is directly populations of the three species. and communications from qualified associated with the loss of shoal Flowing water maintains the stream biologists or experts. habitats, primarily due to inundation by bottom and shoal habitats where these impounded waters (Bogan et al. 1995, species are found, transports food items Primary Constituent Elements (PCEs) pp. 250–251; Lydeard and Mayden to the sedentary juvenile and adult life In accordance with sections 3(5)(A)(i) 1995, pp. 803–804; Neves et al. 1997, stages of the Georgia pigtoe, supports of the Act and regulations at 50 CFR pp. 63–64; Marcinek et al. 2005, pp. 7– the periphyton and biofilm ingested by 424.12, in determining which areas 10, 20–21). Shoals are defined as the interrupted rocksnail and rough within the geographical area occupied at discrete areas that are of lower depth, hornsnail, removes wastes, and provides the time of listing are critical habitat, we greater slope, higher velocity flows, and oxygen for respiration for each of the identify the specific PCEs required for coarser bed materials relative to other three species. the Georgia pigtoe, interrupted channel segments. Shoals include areas The ranges of standard physical and rocksnail, and rough hornsnail based on that are also referred to as riffles, gravel chemical water quality parameters (such their biological needs. We consider the bars, and reefs. Shoals generally have as temperature, dissolved oxygen, pH, physical and biological features that are substrates composed of bedrock, cobble, conductivity) that define suitable essential to the conservation of each boulder, and gravel interspersed with habitat conditions for the Georgia species to be the PCEs laid out in the sands, and sufficient current velocities pigtoe, interrupted rocksnail, and rough appropriate quantity and spatial to remove finer sediments and maintain hornsnail have not been investigated. arrangement for the conservation of the interstitial habitats (Marcinek et al. However, as relatively sedentary Georgia pigtoe, interrupted rocksnail, 2005, p. 4). The interrupted rocksnail , aquatic snails and mussels and rough hornsnail. These include, but and rough hornsnail are found clinging must tolerate the full range of such are not limited to: to gravel, cobble, and boulders in parameters that occur naturally within (1) Space for individual and moderate to strong currents in shoals, the streams where they persist. Both the population growth and for normal while Georgia pigtoe mussels are found amount (flow) and the physical and behavior; imbedded in sand–gravel substrates chemical conditions (water quality) (2) Food, water, air, light, minerals, or within shoals. Rough hornsnails are also where each of the three species other nutritional or physiological found in pools with mud or silt bottoms currently exist vary widely according to requirements; below shoals. Shoals and associated season, precipitation events, and (3) Cover or shelter; pools not only provide space for these seasonal human activities within the (4) Sites for breeding, reproduction, three mollusks, but also provide cover watershed. Conditions across their and rearing (or development) of and shelter and sites for breeding, historical ranges vary even more due to offspring; and reproduction, and growth of offspring. watershed size, geology, geography, and (5) Habitats that are protected from Shoal–pool habitats are formed and differences in human population disturbance or are representative of the maintained by water quantity, channel densities and land uses. In general, each historical, geographical, and ecological slope, and sediment input to the system. of the species survives in areas where distribution of a species. Changes in one or more of these the magnitude, frequency, duration, and The PCEs required for the Georgia parameters can result in channel seasonality of water flow are adequate to pigtoe, interrupted rocksnail, and rough degradation or channel aggradation, maintain stable shoal habitats (for hornsnail are derived from biological with serious effects to mollusks. example, sufficient flow to remove fine needs of the species as described in the Therefore, we believe that stream particles and sediments without causing Background section of this rule. channel stability is essential to the degradation), and where water quality is Unfortunately, little is known of the conservation of the Georgia pigtoe, adequate for year-round survival (for specific habitat requirements of any of interrupted rocksnail, and rough example, moderate to high levels of these mollusk species other than all hornsnail. dissolved oxygen, low to moderate three require flowing water, stable input of nutrients, and relatively stream or river channels, and adequate Food unpolluted water and sediments). water quality. Georgia pigtoe mussel The interrupted rocksnail and rough Therefore, adequate water flow and larvae also require a currently unknown hornsnail generally feed by ingesting water quality (as defined below) are fish host for development to juvenile periphyton and biofilm detritus scraped essential to the conservation of the mussels. To identify the physical and off the substrate by the snail’s radula Georgia pigtoe, interrupted rocksnail, biological needs of the species, we have (Morales and Ward 2000, p. 1). Unionid and rough hornsnail. We currently relied on current conditions at locations mussels, such as the Georgia pigtoe, believe that most numeric standards for where each of the species survive, the filter algae, detritus, and bacteria from pollutants and water quality parameters

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(for example, dissolved oxygen, pH, known to parasitize various species of (2) A hydrologic flow regime (the heavy metals) that have been adopted by chubs, minnows, stonerollers, and other magnitude, frequency, duration, and the States under the Clean Water Act stream-adapted fish species (Haag and seasonality of discharge over time) represent levels that are essential to the Warren 2003, p. 85). necessary to maintain benthic habitats conservation of each of these three Juvenile Georgia pigtoe mussels where the species is found. Unless other mollusks. However, some States’ require interstitial shoal habitats for information becomes available, existing standards may not adequately protect growth and survival. Excessive conditions at locations where the mollusks, or are not being appropriately sediments or dense growth of species occurs will be considered as measured, monitored, or achieved in filamentous algae can expose juvenile minimal flow requirements for survival. some reaches (see Factor A: The present mussels to entrainment or predation and (3) Water quality, including or threatened destruction, modification, be detrimental to the survival of temperature, pH, hardness, turbidity, or curtailment of its habitat or range, juvenile mussels (Hartfield and oxygen content, and chemical Water and Habitat Quality; and Factor Hartfield 1996, p. 373). Geomorphic characteristics necessary for normal D: Inadequacy of existing regulatory instability can result in the loss of behavior, growth, and viability of all life mechanisms, above). The Service is interstitial habitats and juvenile mussels stages. currently in consultation with the EPA due to scouring or deposition (e.g., (4) Sand, gravel, cobble, boulder, or to evaluate the protectiveness of criteria Hartfield 1993, pp. 132–139). Therefore, bedrock substrates with low to moderate approved in EPA’s water quality stable shoals with low to moderate amounts of fine sediment and attached standards for endangered and amounts of filamentous algae growth are filamentous algae. threatened species and their critical essential to the conservation of the The PCEs required for the rough habitats as described in the Georgia pigtoe. Memorandum of Agreement that our hornsnail are: agencies signed in 2001 (66 FR 11201, PCEs for the Georgia pigtoe, Interrupted (1) Geomorphically stable stream and February 22, 2001). Other factors that Rocksnail, and Rough Hornsnail river channels and banks (channels that can potentially alter water quality are Based on the above needs and our maintain lateral dimensions, droughts and periods of low flow, current knowledge of the life history, longitudinal profiles, and sinuosity nonpoint source runoff from adjacent biology, and ecology of the species, we patterns over time without an aggrading land surfaces (for example, excessive have determined that the Georgia or degrading bed elevation). amounts of nutrients, pesticides, and pigtoe’s PCEs are: (2) A hydrologic flow regime (the sediment), and random spills or (1) Geomorphically stable stream and magnitude, frequency, duration, and unregulated discharge events. This river channels and banks (channels that seasonality of discharge over time) could be particularly harmful during maintain lateral dimensions, necessary to maintain benthic habitats drought conditions when flows are longitudinal profiles, and sinuosity where the species are found. Unless depressed and pollutants are more patterns over time without an aggrading other information becomes available, concentrated. Therefore, adequate water or degrading bed elevation). existing conditions at locations where quality is essential for normal behavior, (2) A hydrologic flow regime (the the species occur will be considered as growth, and viability during all life magnitude, frequency, duration, and minimal flow requirements for survival. stages of the Georgia pigtoe, interrupted seasonality of discharge over time) (3) Water quality, including rocksnail, and rough hornsnail. necessary to maintain benthic habitats temperature, pH, hardness, turbidity, where the species is found. Unless other Sites for Breeding, Reproduction, or oxygen content, and chemical information becomes available, existing Rearing characteristics necessary for normal conditions at locations where the behavior, growth, and viability of all life Pleurocerid snails require clean hard species occurs will be considered as stages. surfaces, such as gravel, cobble, boulder, minimal flow requirements for survival. (4) Sand, gravel, cobble, boulder, or bedrock, for laying eggs and for (3) Water quality, including bedrock, or mud substrates with low to survival of juveniles (Bogan et al. 1995, temperature, pH, hardness, turbidity, p. 251). Excessive fine sediments or moderate amounts of fine sediment and oxygen content, and chemical attached filamentous algae. dense growth of filamentous algae can characteristics necessary for normal restrict or eliminate spawning sites and behavior, growth, and viability of all life This critical habitat designation is expose juveniles to entrainment (being stages. designed for the conservation of the swept away) or predation. Geomorphic (4) Sand, gravel, cobble, boulder, or physical and biological features instability may result in entrainment bedrock substrates with low to moderate essential to the life-history functions and loss of eggs by scouring currents or amounts of fine sediment and attached that were the basis for the determination burial of eggs by excessive deposition. filamentous algae. of endangered status and the areas Therefore, stable shoals with low (5) The presence of fish host(s) for the containing those features (that is, the amounts of filamentous algae are Georgia pigtoe (currently unknown). PCEs in the appropriate spatial essential to the conservation of the Diverse assemblages of native chubs, arrangement and quantity). Because not interrupted rocksnail and rough minnows, stonerollers, and other all life history functions require all the hornsnail. stream-adapted fish species will serve as PCEs, not all PCEs may be present Freshwater mussels require a host fish a potential indication of presence of throughout the critical habitat units. for transformation of larval mussels host fish. Units are designated based on (glochidia) to juvenile mussels The PCEs required for the interrupted sufficient PCEs being present to support (Williams et al. 2008, p. 68), and rocksnail are: at least one of the species’ life history presence of the appropriate host fish is (1) Geomorphically stable stream and functions. Some areas contain all PCEs essential to the conservation of the river channels and banks (channels that and support multiple life processes, Georgia pigtoe. The specific fish host(s) maintain lateral dimensions, while some areas may contain only a for the Georgia pigtoe is currently longitudinal profiles, and sinuosity portion of the PCEs necessary to support unknown. However, other species of patterns over time without an aggrading the species’ particular use of that mussels in the genus Pleurobema are or degrading bed elevation). habitat.

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Special Management Considerations or avoid including developed areas such as species. While occupied units provide Protections lands covered by buildings, pavement, habitat for current populations, they are When designating critical habitat, we and other structures because such lands at high risk of extirpation and extinction assess whether the areas within the usually lack PCEs for endangered or from stochastic events, whether periodic geographical area occupied by the threatened species. Areas identified as natural events or existing or potential species at the time of listing contain critical habitat for the Georgia pigtoe, human-induced events (see Summary of features that are essential to the interrupted rocksnail, and rough Factors Affecting the Species). The conservation of the species and whether hornsnail, below, include only stream inclusion of essential unoccupied areas those features may require special channels within the ordinary high water will provide habitat for population line and do not contain any developed reintroduction and will decrease the management considerations or areas or structures. risk of extinction for each species. protections. All of the critical habitat (2) The essential unoccupied areas units identified for these three species Occupied Stream Reaches Designated as may offer habitat that is superior to that below, with the exception of a portion Critical Habitat in the occupied units (the potential of Unit RH 1, have been designated as We have defined occupied habitat as viability of the mollusks in unoccupied critical habitat for other mollusk species those stream reaches known to be units may be higher) because the that are already listed under the Act. currently occupied by the Georgia essential unoccupied areas may be faced None of the areas are presently under pigtoe, interrupted rocksnail, or rough with fewer and more easily treated special management or protection hornsnail. We used information from threats than the occupied units (see provided by a legally operative surveys and reports prepared by the discussion under Factor A: Dams and management plan or agreement for the U.S. Geological Survey, the Alabama Impoundments). conservation of the interrupted Department of Conservation and Natural (3) The protection of PCEs in rocksnail, rough hornsnail, or Georgia Resources, the Tennessee Aquarium, currently occupied areas is directly pigtoe. Various activities in or adjacent Alabama Geological Survey, Auburn related to conditions in adjacent to each of the critical habitat units University, University of Alabama, and unoccupied stream reaches (such as the described below may affect one or more Service field records to identify the Oostanaula and Lower Coosa Rivers). of the PCEs. Some of these activities specific locations occupied by the Based on the best scientific data include, but are not limited to, those Georgia pigtoe, interrupted rocksnail, or available, we believe that areas that are discussed in the Summary of Factors rough hornsnail. not currently occupied by the Georgia Affecting the Species, above. For Currently, occupied habitat for each pigtoe, interrupted rocksnail, or rough example, three of the units described of the three species is extremely limited hornsnail are essential for their below (Units IR 1, IR 2, and RH 1 and isolated. The Georgia pigtoe persists conservation. (which includes IR 3)) may require only in a restricted series of shoals in special management considerations due the Conasauga River (Johnson and Evans Length of Occupied Stream Reaches to detrimental effects of hydropower 2000, p. 106). The interrupted rocksnail Following the identification of generation or lack of minimum flow naturally survives in a short reach of the occupied stream reaches, the next step releases from dams (see Factor A: Dams Oostanaula River in Gordon and Floyd was to delineate the length of upstream and Impoundments, above). Features in Counties, Georgia, and population and downstream reaches of known all of the critical habitat units may reintroductions have been attempted occupied areas to determine the length require special management due to into a shoal of the Lower Coosa River, of stream reaches that are needed for the threats posed by land-use runoff and Elmore County, Alabama (ADCNR 2004, conservation of the populations for each point- and nonpoint-source water p. 33). The rough hornsnail is known species. All known occurrences for each pollution (see Factor A: Water and from two small, localized, and isolated species are extremely localized, and rare Habitat Quality, and Factor D: populations: Yellowleaf Creek, Shelby aquatic snails and mussels can be Inadequacy of existing regulatory County, Alabama, and a short reach of difficult to locate. In addition, creek and mechanisms, above). Other activities the Lower Coosa River, Elmore County, river habitats are highly dependent that may affect PCEs in the critical Alabama (Sides 2005, p. 40). We believe upon upstream and downstream habitat units include those listed in the that all currently occupied areas contain channel habitat conditions for their Effects of Critical Habitat Designation features essential to the conservation of maintenance. Therefore, where more section as Federal Activities that may these species. With such limited than one occurrence record of a affect critical habitat and require distribution, each of these species is at particular species was found within a consultation, below. a high risk of extinction and highly stream reach, we considered the entire reach between the uppermost and Criteria Used To Identify Critical susceptible to stochastic events. lowermost locations as occupied Habitat Unoccupied Stream Reaches Designated habitat, as discussed below. We are designating as critical habitat as Critical Habitat all stream channels that are currently The streams not currently occupied Georgia pigtoe occupied by the species, as well as some that we are designating as critical The Georgia pigtoe is currently known specific areas not currently occupied habitat were all historically occupied. to survive only in a 52-km (32-mi) reach but that were historically occupied, We believe that the designation of of the Upper Conasauga River extending because we have determined that these additional areas not known to be from Polk County, Tennessee, additional areas are essential for the currently occupied by the Georgia downstream into Murray and Whitfield conservation of the Georgia pigtoe, pigtoe, interrupted rocksnail, or rough Counties, Georgia (Johnson and Evans interrupted rocksnail, and rough hornsnail is essential for their 2000, p. 106; Evans 2001, pp. 33–34). hornsnail, and that designating only conservation because: The Georgia pigtoe has been recently occupied habitat is not sufficient to (1) The range of each species has been collected from three shoals within this conserve each of these species. severely curtailed, occupied habitats are reach: one located at each end of the When identifying critical habitat limited and isolated, and population reach, and one additional site in the boundaries, we make every effort to sizes are extremely small for each lower third of the reach. Other shoals

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within the reach continue to be Collections during the 1990s from the improvements in water quality or inhabited by a diverse mussel Lower Coosa River, Elmore County, quantity during the past decades due to community, including the federally Alabama, show the rough hornsnail implementation of minimum flows endangered triangular kidneyshell and extended from the shoals below Jordan below dams, changes in adjacent land southern pigtoe and the threatened fine- Dam, downstream to just below the Fall uses, or implementation of the Clean lined pocketbook. These species Line at Wetumpka, Alabama (FLMNH in Water Act (Coosa River below Weiss historically co-occurred in the same litt. 2006). Therefore, we consider this Dam and Jordan Dam, Terrapin Creek, shoal habitats with the Georgia pigtoe, 14-km (8-mi) reach as habitat occupied and Hatchet Creek); and and their persistence indicates the by the rough hornsnail. (6) The stream reaches have potential presence of PCEs for the pigtoe for reoccupation by the species through Stream Reaches Not Currently Occupied throughout the reach. Therefore, we future reintroduction efforts (all consider the entire 52-km (32-mi) reach In identifying unoccupied stream unoccupied critical habitat units). between the uppermost and lowermost reaches that are essential to the Based on the above factors, all recent collection sites for the Georgia conservation of each species (Georgia unoccupied stream reaches included in pigtoe as occupied habitat. In the area pigtoe, interrupted rocksnail, and rough the critical habitat designations for each identified as critical habitat below, hornsnail), we first considered the of these three species are essential to boundaries extend from the nearest availability of potential habitat their conservation. throughout their historical ranges that downstream landmark at both ends of Georgia Pigtoe the reach. may be suitable for the survival and persistence of each species. A large We identified 101 km (63 mi) of Interrupted rocksnail proportion of the streams that formerly habitat in two stream reaches that are The interrupted rocksnail is known to supported each species have been currently unoccupied by the Georgia survive in several shoals along a 12-km modified by dams and their impounded pigtoe and that meet several of the (7.4-mi) reach of the Oostanaula River waters, and we eliminated these areas criteria for designation as critical between Ship Island and the confluence from consideration, because none of habitat. Historical records of Georgia of Armuchee Creek, Gordon and Floyd these species can survive under the pigtoe occur from the Coosa River near counties, Georgia (Johnson and Evans modified conditions (see Primary the present location of Weiss Dam and 2000, pp. 45–46; Johnson and Evans Constituent Elements (PCEs) section, from Terrapin Creek, from its 2001, pp. 2, 25). Although rocksnails above). We also eliminated from confluence with the Coosa River live attached to the stream bottom, they consideration free-flowing streams upstream to the vicinity of Alabama are small and often difficult to locate without any historical records of Highway 9. Terrapin Creek flows into when their population numbers are low. occurrence. We eliminated from the Coosa River approximately 11 km (7 Therefore, we consider the reach of the consideration other streams with mi) below Weiss Dam in Cherokee Oostanaula River between Ship Island historical occurrence records because of County, Alabama. Together these two and the confluence of Armuchee Creek limited habitat availability, isolation, confluent stream reaches encompass 35 as habitat occupied by interrupted degraded habitat, or low management km (22 mi) of stream habitat that meet rocksnail. Attempts to reintroduce the value or potential (such as Coosawattee Criteria 1, 2, 5, and 6 listed above in this species into the Lower Coosa River, River and Etowah River). section. Terrapin Creek and this short Elmore County, Alabama, have also All of the areas identified as critical reach of the Coosa River support diverse been made by the ADCNR. ADCNR habitat that are currently not known to mollusk and fish communities. Water attempted to reintroduce the interrupted be occupied meet one or more of the quality in Terrapin Creek meets current rocksnail into Gray Island Shoals in the following criteria: State criteria for Fish and Wildlife. The Lower Coosa River, about 3.2 km (2 mi) (1) The stream habitat contains Mobile River Basin Mollusk Restoration below Jordan Dam, Elmore County, sufficient PCEs (for example, such Committee (2009, p. 22) recognizes this Alabama. Although we do not yet know characteristics as geomorphically stable reach of the Coosa River and Terrapin if this reintroduced population is viable, channels, perennial water flows, Creek as an appropriate reintroduction it is within the historical range of the adequate water quality, and appropriate site for the Georgia pigtoe. Based on the interrupted rocksnail, and we are benthic substrates) to support life- information we have to date, which considering the 1-km (0.6-mi) reach history functions of the mollusks (all does not necessarily suggest there is an encompassing Gray Island Shoals in the unoccupied critical habitat units); increased probability of Georgia pigtoe Lower Coosa River as occupied habitat. (2) The stream supports diverse conservation in specific areas within the reach, we are designating the entire Rough hornsnail aquatic molluscan communities, including the presence of closely related reach of Terrapin Creek and the Coosa The rough hornsnail is known to species requiring PCEs similar to the River as critical habitat. survive at only two locations, Georgia pigtoe, interrupted rocksnail, Historical records of Georgia pigtoe Yellowleaf Creek and the Lower Coosa and rough hornsnail (all unoccupied occur from an approximately 66-km (41- River. At the time we proposed these critical habitat units); mi) reach of Hatchet Creek between Clay areas as critical habitat (74 FR 31113) (3) The stream reaches are adjacent to County Road 4 downstream to the for the rough hornsnail, we considered currently occupied areas where there is confluence with Swamp Creek in Coosa only a 3.2-km (2-mi) reach of Yellowleaf potential for natural dispersal and County, Alabama. This stream reach Creek, Shelby County, Alabama, as reoccupation by the Georgia pigtoe, meets Criteria 1, 2, 4, 5, and 6 listed occupied by the species. A snail survey interrupted rocksnail, or rough above in this section and has been conducted by a Service biologist and hornsnail (Oostanaula River, Lower identified by the Mobile River Basin others (Powell in litt. 2009) has since Coosa River, and Yellowleaf Creek); Mollusk Restoration Committee (2008, found the species throughout the (4) The stream reaches lack major p. 40) as having high conservation designated area. Therefore, we consider anthropogenic disturbance (Hatchet potential for the reintroduction of the entire designated 6.4-km (4-mi) Creek); imperiled mollusks. Hatchet Creek reach of Yellowleaf Creek as occupied (5) Areas are remote from currently supports diverse mollusk and fish by the rough hornsnail. occupied areas and have experienced communities and has been designated

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as an Outstanding Alabama Water, the mi) of river habitat that meets Criteria 1, hornsnail and that meets Criteria 1, 2, 3, highest protective classification 2, 3, and 6 listed above in this section. and 6 listed above in this section. The assigned by the State. Based on the The unoccupied upstream and species inhabits a 14-km (8-mi) reach of information we have to date, which downstream reaches of the Oostanaula the Lower Coosa River below Jordan does not necessarily suggest there is an River contain one or more of the PCEs Dam; however, appropriate habitat increased probability of Georgia pigtoe required by the species, including extends an additional 7 km (4 mi) conservation in specific areas within the geomorphically stable channels and downstream of currently occupied reach, we are designating the entire natural flows. They are adjacent to areas areas. This stream reach is available for reach of Hatchet Creek as critical currently occupied by interrupted natural recolonization and contains one habitat. rocksnail, and there is potential for or more of the PCEs required by the natural dispersal and re-occupation by Interrupted Rocksnail rough hornsnail, including a the interrupted rocksnail. These areas We identified 88 km (55 mi) of habitat are also currently occupied by other geomorphically stable channel and in three stream reaches that are mollusk species with similar habitat adequate water quality and substrate, as currently unoccupied by the interrupted requirements. indicated by the presence of closely rocksnail and that meet several of the The Lower Coosa River below Jordan related pleurocerids and other mollusk criteria for designation as unoccupied Dam is within the historical range of the species with similar habitat habitat. The Coosa River from Weiss interrupted rocksnail, and a small requirements. Dam to just below the confluence of population of the species has been Critical Habitat Designation Terrapin Creek (11 km (7 mi)) is within reintroduced into a shoal there (ADCNR, the historical range of the interrupted p. 33). Apparently suitable habitat We are designating three units as rocksnail, and meets Criteria 1, 2, 5, and extends approximately 13 km (8 mi) critical habitat for the Georgia pigtoe 6 listed above in this section. Several from the tailwaters of Jordan Dam to (GP 1, GP 2, and GP 3), three units for mollusk species requiring similar PCEs Alabama Highway 111 in Elmore interrupted rocksnail (IR 1, IR 2, and IR currently inhabit a portion of the reach. County, Alabama. This reach meets 3), and two units for rough hornsnail Projected minimum flows (Weiss Criteria 1, 2, 3, 5, and 6 listed above in (RH 1 and RH 2). The critical habitat Bypass Working Group 2005, pp. 6–8) this section. The steep river gradient areas described below constitute our will improve PCEs in the remainder of below the dam to the Fall Line at the reach, and reservoir-stored water Alabama Highway 111 in Wetumpka best assessment of areas that currently will provide protection from nonpoint results in the presence of numerous meet the definition of critical habitat for source pollution and reduce the high-quality and stable shoals and pools the Georgia pigtoe, interrupted potential of stochastic threats. The characteristic of habitats formerly rocksnail, and rough hornsnail. Table 1 Mobile River Basin Mollusk Restoration inhabited by the interrupted rocksnail. identifies the units for each species; Committee (2008, p. 53) recognizes this The reach is occupied by other species shows the occupancy of the units, the reach of the Coosa River as an of pleurocerid snails, as well as a approximate extent designated as appropriate reintroduction site for diverse mussel fauna, indicating the critical habitat for the Georgia pigtoe interrupted rocksnail. presence of PCEs in this reach. (GP), interrupted rocksnail (IR), and The interrupted rocksnail is currently Minimum flows that have been rough hornsnail (RH); and provides known to inhabit shoals along a 12-km established from Jordan Dam have information on the ownership of lands (7.4-mi) reach of the Oostanaula River eliminated historical threats, such as within the designated units. Critical between Ship Island and the Confluence seasonal loss of flow and low dissolved habitat includes only the stream of Armuchee Creek, Gordon and Floyd oxygen levels. The Mobile River Basin channel within the ordinary high water Counties, Georgia. However, appropriate Mollusk Restoration Committee (2008, line. In Alabama and Georgia, the State habitat extends approximately 49 km p. 53) recognizes this reach of the Coosa owns navigable stream bottoms within (30 mi) above Ship Island to the River as an appropriate reintroduction Conasuaga-Coosawattee confluence in the ordinary high water line, and all site for interrupted rocksnail, and the designated units in Alabama and Gordon County, Georgia, and ADCNR has initiated attempts to Georgia are considered navigable. In approximately 16 km (10 mi) below the reintroduce the species to the reach. confluence of Armuchee Creek to the Tennessee, the riparian landowner owns Georgia Highway 1 Loop in Floyd Rough Hornsnail the stream bottom to the middle of the County, Georgia. This unoccupied area We identified 7 km (4 mi) of habitat channel. encompasses an additional 65 km (40 that is unoccupied by the rough

TABLE 1—OCCUPANCY AND OWNERSHIP OF CRITICAL HABITAT UNITS FOR GEORGIA PIGTOE (GP), INTERRUPTED ROCKSNAIL (IR), AND ROUGH HORNSNAIL (RH)

Private State ownership ownership Unit Location Occupancy river river kilometers kilometers (miles) (miles)

GP 1 .. Conasauga River ...... Occupied ...... 5 (3) 47 (29) GP 2 .. Terrapin Creek and Coosa River ...... Unoccupied ...... 0 1 35 (22) GP 3 .. Hatchet Creek ...... Unoccupied ...... 0 66 (41)

Total 5 (3) 148 (92)

IR 1 .... Coosa River ...... Unoccupied ...... 0 1 11 (7) IR 2 .... Oostanaula River ...... Occupied ...... 0 12 (7.4) Unoccupied ...... 0 65 (40.6)

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TABLE 1—OCCUPANCY AND OWNERSHIP OF CRITICAL HABITAT UNITS FOR GEORGIA PIGTOE (GP), INTERRUPTED ROCKSNAIL (IR), AND ROUGH HORNSNAIL (RH)—Continued

Private State ownership ownership Unit Location Occupancy river river kilometers kilometers (miles) (miles)

IR 3 .... Lower Coosa River ...... Occupied ...... 0 21 (0.6) Unoccupied ...... 0 2 12 (7.4)

Total 0 101 (63)

RH 1 .. Lower Coosa River ...... Occupied ...... 0 2 14 (9) Unoccupied ...... 0 7 (4) RH 2 .. Yellowleaf Creek ...... Occupied ...... 0 6.4 (4) Unoccupied ...... 0 0

Total 0 27.4 (17) 1 IR 1 overlaps in part with GP 2. 2 IR 3 overlaps in part with RH 1. See Unit descriptions, below.

We present brief descriptions of all Conasauga River is considered stream bed material composition and units and reasons why they meet the navigable. Therefore, the State of quality by activities such as definition of critical habitat for each Georgia owns 47 km (29 mi) of Unit GP construction projects, livestock grazing, species below. The critical habitat units 1. timber harvesting, off-road vehicle use, include the creek and river channels The Georgia pigtoe has been collected and other watershed and floodplain within the ordinary high water line. For from three shoals within the reach of the disturbances that release sediments or this purpose, we applied the ordinary Conasauga River identified as GP 1, one nutrients into the water. high water line definition found at 33 located at each end of the reach and one Unit GP 2: Terrapin Creek and Coosa CFR 329.11, which is defined for site in between (Johnson and Evans River, Cherokee County, Alabama nontidal rivers to be the line on the 2000, p. 106; Evans 2001, pp. 33–34). shore established by the fluctuations of Unit 2 for the Georgia pigtoe includes Therefore, we consider the entire reach 24 km (15 mi) of Terrapin Creek from water and indicated by physical of the Conasauga River that composes characteristics, such as a clear, natural Alabama Highway 9 downstream to its GP 1 as occupied. Other shoals within confluence with the Coosa River, and 11 line impressed on the bank; shelving; the reach continue to be inhabited by a changes in the character of soil; km (7 mi) of the Coosa River from Weiss diverse mussel community, including Dam downstream to approximately 1.6 destruction of terrestrial vegetation; the the endangered triangular kidneyshell presence of litter and debris; or other km (1 mi) below the confluence of and southern pigtoe and the threatened Terrapin Creek in Cherokee County, appropriate means that consider the fine-lined pocketbook. These species characteristics of the surrounding areas. Alabama. The State of Alabama owns historically co-occurred in the same navigable stream bottoms within the For each stream reach identified as a shoal habitats with the Georgia pigtoe, critical habitat unit, the upstream and ordinary high water line, and both they have similar habitat requirements, Lower Terrapin Creek and the Coosa downstream boundaries are described and their persistence indicates the generally below; more precise estimates River are considered navigable streams. presence of PCEs 1, 2, 3, and 4 for the The Georgia pigtoe is not currently are provided in the Regulation Georgia pigtoe. The persistence of the known to occur in Terrapin Creek or the Promulgation section at the end of this Georgia pigtoe within three shoals of Coosa River. However, Unit 2 is final rule. this reach also indicates the presence of essential to the conservation of the Unit GP 1: Conasauga River, Bradley an appropriate fish host (PCE 5). This Georgia pigtoe due to the high potential and Polk Counties, Tennessee, and small population of Georgia pigtoe is at for stochastic events in the Conasauga Murray and Whitfield Counties, Georgia a high risk of extinction due to changes River (the only extant population of in flow, habitat or water quality, and Georgia pigtoe), and the need to re- Unit 1 for the Georgia pigtoe includes stochastic events such as drought. establish the species within other 52 km (32 mi) of the Upper Conasauga Threats to the Georgia pigtoe and its portions of its historical range in order River from the confluence of habitat that may require special to reduce threats from stochastic events. Minnewaga Creek near Willis Springs, management of the PCEs include the Lower Terrapin Creek and the Coosa Polk County, Tennessee, downstream to potential of anthropogenic activities River are within the species’ historical U.S. Highway 76 in Murray and (such as channelization, impoundment, range, and we consider them to be Whitfield Counties, Georgia. Critical and channel excavation) that could essential to the conservation of the habitat includes the stream channel cause aggradation or degradation of the Georgia pigtoe. Terrapin Creek flows within the ordinary high water line channel bed elevation or significant into the Coosa River below Weiss Dam. only. In Tennessee, the riparian bank erosion; the potential of significant Terrapin Creek continues to support a landowner owns the stream bottom to changes in the existing flow regime due diverse mollusk assemblage, including the middle of the channel. Therefore, 5 to such activities as impoundment, the endangered southern pigtoe, a km (3 mi) of GP 1 in Tennessee is water diversion, or water withdrawal; closely related species that co-occurs privately owned. In Georgia, the State the potential of significant alteration of with the Georgia pigtoe in the owns navigable stream bottoms within water chemistry or water quality; and Conasauga River, indicating the the ordinary high water line, and the the potential of significant changes in presence of PCEs 1, 2, 3, and 4. The

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endangered southern clubshell, the Georgia pigtoe, indicating the presence Company Coosa River hydropower threatened fine-lined pocketbook, and of PCEs 1, 2, 3, and 4. A diverse fish relicensing process with FERC (Weiss other mussel and snail species requiring fauna, including several potential fish Bypass Working Group 2005, pp. 6–8) PCEs 1, 2, 3, and 4 similar to the Georgia hosts for the pigtoe (PCE 5), is also currently in progress. These minimum pigtoe continue to survive in the Coosa known to inhabit Hatchet Creek. Water flows will improve the PCEs necessary River just below the confluence of quality and shoal habitats in this stream for the survival of the interrupted Terrapin Creek. Additionally, a diverse have improved relative to past historical rocksnail in about 11 km (7 mi) of the fish fauna, including potential fish hosts conditions due to changes in land uses, Coosa River, between Weiss Dam for the Georgia pigtoe (PCE 5), is known implementation of best management downstream to the confluence with from Terrapin Creek and Coosa River. practices in agriculture and forestry Terrapin Creek. Implementation of Minimum flows from Weiss Dam into activities in the watershed, and minimum flows from Weiss Dam (Weiss the Coosa River will be implemented implementation of State water quality Bypass Working Group 2005, pp. 6–8) upon completion of the Alabama Power standards. Due to these improvements, will improve PCEs necessary for the Company Coosa River hydropower Hatchet Creek has been designated as an survival of the interrupted rocksnail. relicensing process with FERC (Weiss Outstanding Alabama Water, which also The majority of flow into the reach Bypass Working Group 2005, pp. 6–8), provides for increased water quality above the confluence of Terrapin Creek which is currently in progress. These protections. The Mobile River Basin originates from Weiss Dam. Therefore, minimum flows will improve the PCEs Mollusk Restoration Committee (2008, there is little threat of nonpoint source necessary for the survival of the Georgia p. 40) recognizes Hatchet Creek as pollution, and reduced potential of pigtoe in the Coosa River, particularly having high conservation potential for stochastic threats such as drought and above the confluence with Terrapin reintroduction of the Georgia pigtoe. spills. ADCNR recognizes this reach as Creek. Because the minimum flows will Re-establishing Georgia pigtoe in having high conservation potential for originate from the large reservoir Hatchet Creek will significantly reduce imperiled mollusks in Alabama and is impounded by Weiss Dam, there is little the level of stochastic threats to the planning to reintroduce imperiled threat of nonpoint source pollution and species’ survival and is essential to the mollusk species, including the reduced potential of stochastic threats, conservation of the species. We do not interrupted rocksnail, into the reach such as drought and spills. ADCNR know which specific shoals or reaches following initiation of minimum flows. recognizes this reach of the Coosa River of Hatchet Creek may be capable of Re-establishing the interrupted as having high conservation potential supporting the Georgia pigtoe. rocksnail into the Coosa River will for imperiled mollusks in Alabama and Therefore, we have designated all significantly reduce stochastic threats to is planning to reintroduce imperiled apparently suitable habitat within the the survival of the species and is mollusks, including the Georgia pigtoe, historical range of the species in Hatchet essential to its conservation. following implementation of minimum Creek as critical habitat essential to the flows. Over the past few decades, conservation of Georgia pigtoe. Unit IR 2: Oostanaula River, Gordon changes in land uses, use of best and Floyd Counties, Georgia Unit IR 1: Coosa River, Cherokee management practices for agriculture Unit 2 for the interrupted rocksnail County, Alabama (overlaps in part with and forestry activities in the watershed, includes approximately 77 km (48 mi) GP 2, described above) and implementation of State water of the Oostanaula River from the quality standards resulted in improved Unit 1 for the interrupted rocksnail Conasauga–Coosawattee confluence in water quality and shoal habitats in includes approximately 11 km (7 mi) of Gordon County, downstream to Georgia Terrapin Creek. The Mobile River Basin the Coosa River extending from Weiss Highway 1 loop in Floyd County, Mollusk Restoration Committee (2008, Dam downstream to about 1.6 km (1 mi) Georgia. The State of Georgia owns p. 40) recognizes Terrapin Creek as an below the confluence of Terrapin Creek, navigable stream bottoms within the appropriate reintroduction opportunity Cherokee County, Alabama. The State of ordinary high water line, and the for the Georgia pigtoe. Alabama owns navigable stream Oostanaula River is considered bottoms within the ordinary high water navigable. Unit GP 3: Hatchet Creek, Coosa and line, and the Coosa River is considered The interrupted rocksnail occupies Clay Counties, Alabama navigable. shoals along a 12-km (7.4-mi) reach of Unit 3 for the Georgia pigtoe includes The interrupted rocksnail historically the Oostanaula River, extending from approximately 66 km (41 mi) of Hatchet inhabited the Coosa River in Cherokee the confluence of Johns Creek in Gordon Creek, extending from Clay County County. Although the species does not and Floyd Counties, downstream to the Road 4, Clay County, downstream to the currently occupy the area, Unit 1 is confluence of Armuchee Creek in Floyd confluence of Swamp Creek at Coosa essential to the conservation of the County, Georgia. Threats to the County Road 29, Coosa County, interrupted rocksnail due to the high interrupted rocksnail and its habitat in Alabama. The State of Alabama owns degree of stochastic threats to the single the Oostanaula River that may require navigable stream bottoms within the surviving population in the Ostanaula special management of the PCEs include ordinary high water line, and Hatchet River and the need to re-establish the the potential of activities (such as Creek is considered navigable. species within other portions of its channelization, impoundment, and The Georgia pigtoe does not currently historical range. The presence of the channel excavation) that could cause occupy Hatchet Creek. However, endangered southern clubshell, the aggradation or degradation of the historical records of the species show its threatened fine-lined pocketbook, and channel bed elevation or significant presence in this stream from the other mussel and snail species in the bank erosion; the potential of significant stream’s confluence with the Coosa Coosa River at and below the confluence changes in the existing flow regime due River, Coosa County, upstream into Clay of Terrapin Creek indicates the presence to activities such as impoundment, County, Alabama. An extensive reach of of PCEs 1, 2, 3, and 4 for the interrupted hydropower generation, water Hatchet Creek is occupied by the rocksnail. diversion, or water withdrawal; the threatened fine-lined pocketbook, along Minimum flows from Weiss Dam into potential of significant alteration of with other mollusk species that the Coosa River will be implemented water chemistry or water quality; and currently or historically co-occur with upon completion of the Alabama Power the potential of significant changes in

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stream bed material composition and dissolved oxygen, were eliminated in aggradation or degradation of the quality by activities such as 1990 by implementation of minimum channel bed elevation or significant construction projects, livestock grazing, flows from Jordan Dam by the Alabama bank erosion; the potential of significant timber harvesting, off-road vehicle use, Power Company. As noted, ADCNR changes in the existing flow regime due and other watershed and floodplain recognizes the Lower Coosa River as an to such activities as hydropower disturbances that release sediments or appropriate location for imperiled generation, water diversion, or water nutrients into the water. mollusk reintroductions and has begun withdrawal; the potential of significant Although there are no recent efforts to reestablish the interrupted alteration of water chemistry or water collections of the species from shoal rocksnail into this reach. Due to the quality due to discharges or land use habitats above and below the currently extremely limited distribution of the activities; and the potential of inhabited reach, these currently interrupted rocksnail and the high significant changes in stream bed unoccupied areas contain three of the degree of stochastic threats to the single material composition and quality by PCEs required by the species, including natural population, reestablishing the activities such as construction projects, geomorphically stable stream channels, species in the Lower Coosa River is livestock grazing, timber harvesting, and natural flows, and appropriate essential to the conservation of the other watershed and floodplain substrates (PCEs 1, 2, and 4). The interrupted rocksnail. disturbances that release sediments or presence of other mollusk species with nutrients into the water. similar habitat requirements as the Unit RH 1: Lower Coosa River, Elmore interrupted rocksnail in this reach, County, Alabama (overlaps in part with Unit RH 2: Yellowleaf Creek, Shelby including the endangered triangular IR 3, described above) County, Alabama kidneyshell, along with more common Unit 1 for the rough hornsnail Unit 2 for the rough hornsnail species of pleurocerid snails, also includes 21 km (13 mi) of the Lower includes approximately 6.4 km (4 mi) of indicates the potentially suitable Coosa River extending from Jordan Dam, the Yellowleaf Creek channel from the presence of appropriate water quality downstream to the confluence of the confluence of Morgan Creek, (PCE 3). Shoals within the 65 km (40.6 Tallapoosa River in Elmore County, downstream to 1.6 km (1 mi) below the mi) of currently unoccupied reaches of Alabama. The State of Alabama owns Alabama Highway 25 crossing in Shelby the Oostanaula River are available to navigable stream bottoms within the County, Alabama. The State of Alabama natural recolonization of the species. ordinary high water line, and the Coosa owns navigable stream bottoms within Expanding the range of the interrupted River is considered navigable. We the ordinary high water line, and the rocksnail into adjacent shoals in the believe PCEs 1, 2, 3, and 4 to be suitable lower reach of Yellowleaf Creek is river would greatly reduce the degree of throughout the reach, due to the considered navigable. threat from stochastic events, and is presence of rough hornsnail colonies or The rough hornsnail has been found essential to the conservation of the other closely related pleurocerid snail to occupy this entire reach (Powell in interrupted rocksnail. species that are known to co-occur with litt. 2009). This reach of Yellowleaf the hornsnail and have similar habitat Creek is characterized by a stable Unit IR 3: Lower Coosa River, Elmore requirements. County, Alabama channel, natural flows, and appropriate Early 1990 records of rough hornsnail water quality and substrates (PCEs 1, 2, Unit 3 for the interrupted rocksnail from the reach of the Coosa River 3, and 4). Threats to the rough hornsnail includes 13 km (8 mi) of the Lower between Jordan Dam and the Fall Line and its habitat in Yellowleaf Creek that Coosa River between Jordan Dam and (FLMNH in litt. 2006), and more recent may require special management of Alabama Highway 111 in Elmore records of the hornsnail extending 2 km PCEs 1, 2, 3, and 4 include the potential County, Alabama. The State of Alabama (1.2 mi) below the Fall Line (Hartfield of activities (such as channelization, owns navigable stream bottoms within pers. obsv. 2001; Crow in litt. 2008), impoundment, and channel excavation) the ordinary high water line, and the indicate an occupied range of 14 km (9 that could cause aggradation or Coosa River is considered navigable. mi) in the Lower Coosa River. An degradation of the channel bed The Lower Coosa River is within the additional 7-km (4-mi) channel reach elevation or significant bank erosion; historical range of the species, and a extending downstream to the the potential of significant changes in small population of the interrupted confluence of the Tallapoosa River is the existing flow regime due to such rocksnail has been reintroduced into a not currently occupied. This activities as water diversion or water 1-km (0.6-mi) portion of a shoal there downstream unoccupied area is withdrawal; the potential of significant (ADCNR 2004, p 33). However, this available for natural recolonization, and alteration of water chemistry or water reintroduced population will likely contains PCEs 1, 2, 3, and 4, including quality due to discharges or nonpoint require augmentations over several a geomorphically stable channel, and source pollution; and the potential of years before population size can reach adequate flow, water quality, and significant changes in stream bed self-sustainable levels. The remaining substrate, as indicated by the presence material composition and quality by 12 km (7.4 mi) of this reach, from Jordan of closely related pleurocerids and other activities such as construction projects, Dam downstream to the Fall Line at mollusk species with similar habitat livestock grazing, timber harvesting, and Wetumpka, contains numerous high- requirements. Expanding the range of other watershed and floodplain quality shoals and pools characteristic rough hornsnail into the currently disturbances that release sediments or of the large river habitats historically unoccupied downstream habitat would nutrients into the water. occupied by the species. Several other reduce the level of stochastic threats to species of pleurocerid snails, the the species, and is essential to its Effects of Critical Habitat Designation endangered tulotoma snail, and a conservation. diverse mussel fauna are currently Threats to the rough hornsnail and its Section 7 Consultation found throughout the reach, indicating habitat in the Coosa River that may Section 7(a)(2) of the Act requires the presence and suitability of PCEs 1, require special management of the PCEs Federal agencies, including the Service, 2, 3, and 4 for the interrupted rocksnail include the potential of activities (such to ensure that actions they fund, in this reach. Historical threats, as channelization, impoundment, and authorize, or carry out are not likely to including seasonal loss of flow and low channel excavation) that could cause destroy or adversely modify critical

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habitat. Decisions by the courts of listed species or destroy or adversely designates critical habitat, activities appeals for the Fifth and Ninth Circuits modify critical habitat, we also provide involving a Federal action that may have invalidated our definition of reasonable and prudent alternatives to destroy or adversely modify such ‘‘destruction or adverse modification’’ the project, if any are identifiable. We habitat, or that may be affected by such (50 CFR 402.02) (see Gifford Pinchot define ‘‘reasonable and prudent designation. Task Force v. U.S. Fish and Wildlife alternatives’’ at 50 CFR 402.02 as Activities that, when carried out, Service, 378 F.3d 1059 (9th Cir. 2004) alternative actions identified during funded, or authorized by a Federal and Sierra Club v. U.S. Fish and consultation that: agency, may affect critical habitat and Wildlife Service, 245 F.3d 434, 442 (5th • Can be implemented in a manner therefore should result in consultation Cir. 2001)), and we do not rely on this consistent with the intended purpose of for each species (Georgia pigtoe, regulatory definition when analyzing the action, interrupted rocksnail, and rough whether an action is likely to destroy or • Can be implemented consistent hornsnail) include, but are not limited adversely modify critical habitat. Under with the scope of the Federal agency’s to: the provisions of the Act, we determine legal authority and jurisdiction, (1) Actions that would alter the destruction or adverse modification on • Are economically and geomorphology of stream and river the basis of whether, with technologically feasible, and habitats. Such activities could include, implementation of the proposed Federal • Would, in the Director’s opinion, but are not limited to, instream action, the affected critical habitat avoid jeopardizing the continued excavation or dredging, impoundment, would remain functional (or retain the existence of the listed species or channelization, and discharge of fill current ability for the PCEs to be destroying or adversely modifying materials. These activities could cause functionally established) to serve its critical habitat. aggradation or degradation of the intended conservation role for the Reasonable and prudent alternatives channel bed elevation or significant species. can vary from slight project bank erosion and result in entrainment If a species is listed or critical habitat modifications to extensive redesign or or burial of these mollusks, and could is designated, section 7(a)(2) of the Act relocation of the project. Costs cause other direct or cumulative adverse requires Federal agencies to ensure that associated with implementing a effects to these species and their life activities they authorize, fund, or carry reasonable and prudent alternative are cycles. out are not likely to jeopardize the similarly variable. (2) Actions that would significantly continued existence of the species or to Regulations at 50 CFR 402.16 require alter the existing flow regime. Such destroy or adversely modify its critical Federal agencies to reinitiate activities could include, but are not habitat. Activities on State, tribal, local, consultation on previously reviewed limited to, impoundment, water or private lands requiring a Federal actions in instances where we have diversion, water withdrawal, and permit (such as a permit from the U.S. listed a new species or subsequently hydropower generation. These activities Army Corps of Engineers under section designated critical habitat that may be could eliminate or reduce the habitat 404 of the Clean Water Act (33 U.S.C. affected and the Federal agency has necessary for growth and reproduction 1251 et seq.) or a permit from the retained discretionary involvement or of these mollusks. Service under section 10 of the Act) or control over the action (or the agency’s (3) Actions that would significantly involving some other Federal action discretionary involvement or control is alter water chemistry or water quality (such as funding from the Federal authorized by law). Consequently, (for example, temperature, pH, Highway Administration, Federal Federal agencies may sometimes need to contaminants, and excess nutrients). Aviation Administration, or the Federal request reinitiation of consultation with Such activities could include, but are Emergency Management Agency) are us on actions for which formal not limited to, hydropower discharges, subject to the section 7(a)(2) consultation has been completed, if or the release of chemicals, biological consultation process. Federal actions those actions with discretionary pollutants, or heated effluents into not affecting listed species or critical involvement or control may affect surface water or connected groundwater habitat, and actions on State, tribal, subsequently listed species or at a point source or by dispersed release local, or private lands that are not designated critical habitat. (nonpoint source). These activities federally funded, authorized, or could alter water conditions that are Application of the ‘‘Adverse beyond the tolerances of these mollusks permitted, do not require section 7(a)(2) Modification’’ Standard consultations. and result in direct or cumulative If a Federal action may affect a listed The key factor related to the adverse adverse affects to the species and their species or its critical habitat, the modification determination is whether, life cycles. responsible Federal agency (action with implementation of the proposed (4) Actions that would significantly agency) must enter into consultation Federal action, the affected critical alter stream bed material composition with us. As a result of this consultation, habitat would continue to serve its and quality by increasing sediment we document compliance with the intended conservation role for the deposition or filamentous algal growth. requirements of section 7(a)(2) through species, or would retain its current Such activities could include, but are our issuance of: ability for the PCEs to be functionally not limited to, construction projects, (1) A concurrence letter for Federal established. Activities that may destroy livestock grazing, timber harvest, off- actions that may affect, but are not or adversely modify critical habitat are road vehicle use, and other watershed likely to adversely affect, listed species those that alter the PCEs to an extent and floodplain disturbances that release or critical habitat; or that appreciably reduces the sediments or nutrients into the water. (2) A biological opinion for Federal conservation value of critical habitat for These activities could eliminate or actions that may affect, and are likely to each species (the Georgia pigtoe, reduce habitats necessary for the growth adversely affect, listed species or critical interrupted rocksnail, and rough and reproduction of these mollusks by habitat. hornsnail). causing excessive sedimentation and When we issue a biological opinion Section 4(b)(8) of the Act requires us burial of the species or their habitats, or concluding that a project is likely to to briefly evaluate and describe, in any nutrification leading to excessive jeopardize the continued existence of a proposed or final regulation that filamentous algal growth. Excessive

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filamentous algal growth can cause Secretary may exclude an area from In preparing this final rule, we reduced nighttime dissolved oxygen critical habitat if he determines that the determined that the lands within the levels through respiration, cover the benefits of such exclusion outweigh the designation of critical habitat for the hard substrates required by aquatic benefits of specifying such area as part Georgia pigtoe, interrupted rocksnail, snails for egg deposition, and prevent of the critical habitat, unless he and rough hornsnail are not owned or mussel glochidia from settling into determines, based on the best scientific managed by the Department of Defense; stream sediments. data available, that the failure to there are currently no conservation designate such area as critical habitat partnerships for the Georgia pigtoe, Exemptions and Exclusion will result in the extinction of the interrupted rocksnail, and rough Application of Section 4(a)(3) of the Act species. In making that determination, hornsnail; and the designation does not the legislative history is clear that the include any tribal lands or trust The Sikes Act Improvement Act of Secretary has broad discretion regarding resources. Since the critical habitat 1997 (Sikes Act) (16 U.S.C. 670a) which factors to use and how much designation includes only aquatic areas required each military installation that weight to give to any factor. that are generally held in public trust, includes land and water suitable for the Under section 4(b)(2) of the Act, we involves no Tribal lands, and includes conservation and management of must consider the economic impact, no areas presently under special natural resources to complete an national security impact, and any other management or protection provided by integrated natural resources relevant impact of specifying any a legally operative plan or agreement for management plan (INRMP) by particular area as critical habitat. For the conservation of these mussels, we November 17, 2001. An INRMP example, we consider whether there are believe that, other than economics, there integrates implementation of the lands owned or managed by the are no other relevant impacts to evaluate military mission of the installation with Department of Defense (DOD) where a under section 4(b)(2). stewardship of the natural resources national security impact might exist. We found on the base. Among other things, also consider whether landowners have Economic Analysis (EA) each INRMP must, to the extent developed any conservation plans for We prepared an economic analysis appropriate and applicable, provide for the area, or whether there are that is consistent with the ruling of the fish and wildlife management; fish and conservation partnerships that would be United States Court of Appeals for the wildlife habitat enhancement or encouraged by designation of, or Tenth Circuit in New Mexico Cattle modification; wetland protection, exclusion of lands from, critical habitat. Growers Ass’n v. United States Fish and enhancement, and restoration where In addition, we look at any tribal issues, Wildlife Service, 248 F.3d 1277 (2001), necessary to support fish and wildlife; and consider the government-to- and that was available for public review and enforcement of applicable natural government relationship of the United and comment during the comment resource laws. States with tribal entities. We also period for the proposed rule. The final The National Defense Authorization consider the economic impacts, economic analysis is available on the Act for Fiscal Year 2004 (Pub. L. 108– environmental impacts, and any social Internet at http://www.regulations.gov. 136) amended the Act to limit areas impacts that might occur because of the The final EA (Industrial Economics eligible for designation as critical designation. 2009) considers the potential economic habitat. Specifically, section 4(a)(3)(B)(i) Under section 4(b)(2) of the Act, in effects of actions relating to the of the Act (16 U.S.C. 1533(a)(3)(B)(i)) considering whether to exclude a conservation of the Georgia pigtoe, now provides: ‘‘The Secretary shall not particular area from the designation, we interrupted rocksnail, and rough designate as critical habitat any lands or must identify the benefits of including hornsnail, including costs associated other geographical areas owned or the area in the designation, identify the with sections 4, 7, and 10 of the Act, controlled by the Department of benefits of excluding the area from the and including those attributable to Defense, or designated for its use, that designation, and determine whether the designating critical habitat. It further are subject to an integrated natural benefits of exclusion outweigh the considers the economic effects of resources management plan prepared benefits of inclusion. If, based on this protective measures taken as a result of under section 101 of the Sikes Act (16 analysis, we determine that the benefits other Federal, State, and local laws that U.S.C. 670a), if the Secretary determines of exclusion outweigh the benefits of aid habitat conservation for the Georgia in writing that such plan provides a inclusion, we can exclude the area only pigtoe, interrupted rocksnail, and rough benefit to the species for which critical if such exclusion would not result in the hornsnail in essential habitat areas. The habitat is proposed for designation.’’ extinction of the species. EA considers both economic efficiency There are no Department of Defense In the proposed rule, we requested and distributional effects. In the case of lands with a completed INRMP within information on why any area should or habitat conservation, efficiency effects the critical habitat designation for any of should not be designated as critical generally reflect the ‘‘opportunity costs’’ the three species. Therefore, there are no habitat as provided by section 4 of the associated with the commitment of specific lands that meet the criteria for Act (16 U.S.C. 1531 et seq.), including resources to comply with habitat being exempted from the designation of whether the benefit of designation protection measures (for example, lost critical habitat under section 4(a)(3) of would outweigh threats to the species economic opportunities associated with the Act. caused by designation such that the restrictions on land use). designation of critical habitat is The final economic analysis states Application of Section 4(b)(2) of the Act prudent. In this instance, we have that costs associated with future Section 4(b)(2) of the Act states that examined all comments submitted with conservation efforts that may benefit the the Secretary must designate or revise respect to providing adequate protection three mollusks in critical habitat areas critical habitat on the basis of the best and management for the Georgia pigtoe, are estimated to be $8.97 million to available scientific data after taking into interrupted rocksnail, and rough $9.16 million annually, assuming a 7 consideration the economic impact, hornsnail. None of the comments percent discount rate. Most (96 percent) national security impact, and any other provided sufficient information to of baseline costs quantified in this relevant impact of specifying any satisfy the criteria necessary for analysis are conservation efforts related particular area as critical habitat. The exclusion from final critical habitat. to lost hydropower production value at

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three facilities. The remaining 4 percent required of Federal agencies and the exceptions that apply to all endangered of potential future baseline costs are prohibitions against taking and harm are wildlife. These prohibitions, in part, related to transportation activities, water discussed, in part, below. make it illegal for any person subject to quality management activities, and Section 7(a) of the Act, as amended, the jurisdiction of the United States to National Forest management activities. requires Federal agencies to evaluate take (includes harass, harm, pursue, However, extensive actions are their actions with respect to any species hunt, shoot, wound, kill, trap, capture, already currently planned within most that is proposed or listed as endangered or collect, or to attempt any of these), of the critical habitat areas designated or threatened and with respect to its import or export, ship in interstate for these three species, on behalf of 11 critical habitat, if any is being commerce in the course of commercial other listed mollusk species for which designated. Regulations implementing activity, or sell or offer for sale in the areas have been previously this interagency cooperation provision interstate or foreign commerce any designated as critical habitat (69 FR of the Act are codified at 50 CFR part listed species. It also is illegal to 40083, July 1, 2004). Only 5 river miles 402. Section 7(a)(2) requires Federal possess, sell, deliver, carry, transport, or (8 river kilometers) of this critical agencies to ensure that activities they ship any wildlife that has been taken habitat designation do not overlap authorize, fund, or carry out are not illegally. Certain exceptions apply to habitat for the 11 mussels, and no likely to jeopardize the continued agents of the Service and State known projects are planned within, or existence of such a species or to destroy conservation agencies. which may affect, critical habitat in or adversely modify its critical habitat. Permits may be issued to carry out those areas. As such, incremental costs If a Federal action may affect a listed otherwise prohibited activities are anticipated to result entirely from species or its critical habitat, the involving endangered wildlife species the added administrative requirements responsible Federal agency must enter under certain circumstances. of forecast section 7 consultations, and into formal consultation with the Regulations governing permits are set are estimated to be approximately Service. forth at 50 CFR 17.22 and 17.23. Such $44,000 annually, assuming a 7 percent Federal activities that may affect the permits are available for scientific discount rate. Georgia pigtoe, interrupted rocksnail, purposes, to enhance the propagation or Based on the best available and rough hornsnail include, but are not survival of the species, and for information, including the prepared limited to, the carrying out or the incidental take in connection with economic analysis, we believe that all of issuance of permits for reservoir otherwise lawful activities. the eight units are essential for the construction, stream alterations, Under the Interagency Cooperative conservation of these species. Critical discharges, wastewater facility Policy for Endangered Species Act habitat aids in the conservation of the development, water withdrawal Section 9 Prohibitions, published in the species specifically by protecting the projects, pesticide registration, mining, Federal Register on July 1, 1994 (59 FR primary constituent elements on which and road and bridge construction. It has 34272), we identify to the maximum the species depends. It can also result in been the experience of the Service, extent practicable those activities that benefits by providing information to the however, that nearly all section 7 would or would not constitute a public, local and State governments, consultations have been resolved so that violation of section 9 of the Act when Federal agencies, and other entities the species have been protected and the the Georgia pigtoe, interrupted engaged in activities or long-range project objectives have been met. rocksnail, and rough hornsnail are planning in areas essential to the Listing the Georgia pigtoe, interrupted listed. The intent of this policy is to conservation of the species. rocksnail, and rough hornsnail initiates increase public awareness as to the Conservation of the interrupted the development and implementation of effects of these listings on future and rocksnail, rough hornsnail, and Georgia rangewide recovery plans for each ongoing activities within a species’ pigtoe and essential features of their species. These plans will bring together range. We believe, based on the best habitats will require habitat Federal, State, and local agency efforts available information, that the following management, protection, and for the conservation of these species. actions will not result in a violation of restoration, which will be facilitated by Recovery plans will establish a the provisions of section 9 of the Act, knowledge of habitat locations and the framework for agencies to coordinate provided these actions are carried out in physical and biological features of those their recovery efforts. The plans will set accordance with existing regulations habitats. We conclude that these recovery priorities and estimate the and permit requirements: benefits of inclusion outweigh the costs of the tasks necessary to (1) Possession, delivery, or movement, above-described costs of designation for accomplish the priorities. They also will including interstate transport that does all areas we are designating as critical describe the site-specific actions not involve commercial activity, of habitat in this rule. necessary to achieve conservation and specimens of these species that were survival of each species. legally acquired prior to the addition of Available Conservation Measures Listing also will require us to review these three mollusks to the Federal List Conservation measures provided to any actions on Federal lands and of Endangered or Threatened Wildlife; species listed as endangered or activities under Federal jurisdiction that (2) Discharges into waters supporting threatened under the Act include may affect the three species; allow State the Georgia pigtoe, interrupted recognition, recovery actions, plans to be developed under section 6 rocksnail, and rough hornsnail, requirements for Federal protection, and of the Act; encourage scientific provided these activities are carried out prohibitions against certain practices. investigations of efforts to enhance the in accordance with existing regulations Recognition through listing encourages propagation or survival of the species and permit requirements (e.g., activities and results in conservation actions by under section 10(a)(1)(A) of the Act; and subject to section 404 of the Clean Water Federal, State, and private agencies; promote habitat conservation plans non- Act and discharges regulated under the groups; and individuals. The Act Federal lands and activities under National Pollutant Discharge provides for possible land acquisition section 10(a)(1)(B) of the Act. Elimination System (NPDES)); and cooperation with the States and The Act and its implementing (3) Agricultural and silvicultural requires that recovery actions be carried regulations found at 50 CFR 17.21 set activites or development and out for all listed species. The protection forth a series of general prohibitions and construction activities designed and

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implemented under State and local Atlanta, GA 30345 (phone 404–679– manufacturing and mining concerns water quality regulations and 7313; fax 404–679–7081). with fewer than 500 employees, implemented using approved best wholesale trade entities with fewer than Required Determinations management practices; and 100 employees, retail and service (4) Any actions that may affect the Regulatory Planning and Review— businesses with less than $5 million in Georgia pigtoe, interrupted rocksnail, Executive Order 12866 annual sales, general and heavy and rough hornsnail that are authorized, The Office of Management and Budget construction businesses with less than $27.5 million in annual business, funded, or carried out by a Federal (OMB) has determined that this rule is special trade contractors doing less than agency (such as bridge and highway not significant under Executive Order $11.5 million in annual business, and construction, pipeline construction, 12866 (E.O. 12866). OMB bases its agricultural businesses with annual hydropower licensing), when the action determination upon the following four sales less than $750,000. To determine is conducted in accordance with the criteria: if potential economic impacts to these consultation requirements for listed (a) Whether the rule will have an small entities are significant, we species under section 7 of the Act. annual effect of $100 million or more on consider the types of activities that Potential activities that we believe the economy or adversely affect an might trigger regulatory impacts under will likely be considered a violation of economic sector, productivity, jobs, the this rule, as well as the types of project section 9 of the Act, include, but are not environment, or other units of the modifications that may result. In limited to, the following: government. general, the term ‘‘significant economic (1) Unauthorized possession, (b) Whether the rule will create impact’’ is meant to apply to a typical collecting, trapping, capturing, killing, inconsistencies with other Federal small business firm’s business harassing, sale, delivery, or movement, agencies’ actions. including interstate and foreign operations. (c) Whether the rule will materially To determine if the rule could commerce, or harming, or attempting affect entitlements, grants, user fees, any of these actions, of the Georgia significantly affect a substantial number loan programs, or the rights and of small entities, we consider the pigtoe, interrupted rocksnail, and rough obligations of their recipients. hornsnail; number of small entities affected within (d) Whether the rule raises novel legal particular types of economic activities (2) Unlawful destruction or alteration or policy issues. (e.g., housing development, grazing, oil of their habitats (such as unpermitted and gas production, timber harvesting). instream dredging, impoundment, Regulatory Flexibility Act (5 U.S.C. 601 We apply the ‘‘substantial number’’ test channelization, or discharge of fill et seq.) individually to each industry to material) that impairs essential Under the Regulatory Flexibility Act determine if certification is appropriate. behaviors, such as breeding, feeding, or (RFA; 5 U.S.C. 601 et seq.), as amended However, the SBREFA does not sheltering, or results in killing or by the Small Business Regulatory explicitly define ‘‘substantial number’’ injuring any of these species; Enforcement Fairness Act (SBREFA), or ‘‘significant economic impact.’’ (3) Violation of any discharge or water whenever an agency must publish a Consequently, to assess whether a withdrawal permit that results in harm notice of rulemaking for any proposed ‘‘substantial number’’ of small entities is or death to any of these species or that or final rule, it must prepare and make affected by this designation, this results in degradation of their occupied available for public comment a analysis considers the relative number habitat to an extent that essential regulatory flexibility analysis that of small entities likely to be impacted in behaviors such as breeding, feeding, and describes the effect of the rule on small an area. In some circumstances, sheltering are impaired; and entities (i.e., small businesses, small especially with critical habitat (4) Unauthorized discharges or organizations, and small government designations of limited extent, we may dumping of toxic chemicals or other jurisdictions). However, no regulatory aggregate across all industries and pollutants into waters supporting the flexibility analysis is required if the consider whether the total number of Georgia pigtoe, interrupted rocksnail, head of an agency certifies the rule will small entities affected is substantial. In and rough hornsnail that kills or injures not have a significant economic impact estimating the number of small entities these species, or otherwise impairs on a substantial number of small potentially affected, we also consider essential life-sustaining requirements, entities. SBREFA amended RFA to whether their activities have any such as reproduction, food, or shelter. require Federal agencies to provide a Federal involvement. Other activities not identified above certification statement of factual basis Designation of critical habitat only will be reviewed on a case-by-case basis for certifying that the rule will not have affects activities authorized, funded, or to determine if a violation of section 9 a significant economic impact on a carried out by Federal agencies. Some of the Act may be likely to result from substantial number of small entities. In kinds of activities are unlikely to have such activity. The Service does not this final rule, we are certifying that the any Federal involvement and so will not consider these lists to be exhaustive and critical habitat designation for the three be affected by critical habitat provides them as information to the mollusks will not have a significant designation. In areas where the species public. economic impact on a substantial are present, Federal agencies already are If you have questions regarding number of small entities. The following required to consult with us under whether specific activities will likely discussion explains our rationale. section 7 of the Act on activities they violate the provisions of section 9 of the According to the Small Business authorize, fund, or carry out that may Act, contact the Jackson, Ecological Administration (SBA), small entities affect the three mollusks. Federal Services Field Office (see ADDRESSES). include small organizations, such as agencies also must consult with us if Requests for copies of regulations independent nonprofit organizations; their activities may affect critical regarding listed species and inquiries small governmental jurisdictions, habitat. Designation of critical habitat, about prohibitions and permits should including school boards and city and therefore, could result in an additional be addressed to the U.S. Fish and town governments that serve fewer than economic impact on small entities due Wildlife Service, Ecological Services 50,000 residents; as well as small to the requirement to reinitiate Division, 1875 Century Boulevard, businesses. Small businesses include consultation for ongoing Federal

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activities (see Application of the actions.’’ The purpose of this These terms are defined in 2 U.S.C. ‘‘Adverse Modification’’ Standard requirement is to ensure that all Federal 658(5)–(7). ‘‘Federal intergovernmental section). agencies ‘‘appropriately weigh and mandate’’ includes a regulation that In our final economic analysis of the consider the effects of the Federal ‘‘would impose an enforceable duty proposed critical habitat designation, Government’s regulations on the supply, upon State, local, or tribal governments’’ we evaluated the potential economic distribution, and use of energy.’’ with two exceptions. It excludes ‘‘a effects on small business entities The Office of Management and Budget condition of Federal assistance.’’ It also resulting from conservation actions (OMB) has provided guidance for excludes ‘‘a duty arising from related to the listing of the three implementing E.O. 13211 that outlines participation in a voluntary Federal mollusks and the proposed designation nine outcomes that may constitute ‘‘a program,’’ unless the regulation ‘‘relates of critical habitat. The analysis is based significant adverse effect’’ when to a then-existing Federal program on the estimated impacts associated compared without the regulatory action under which $500,000,000 or more is with the proposed rulemaking as under consideration. The economic provided annually to State, local, and described in Sections 2 through 6 and analysis finds that incremental impacts tribal governments under entitlement Appendix B of the analysis and of the designation of critical habitat are authority,’’ if the provision would evaluates the potential for economic the subject of the analysis under ‘‘increase the stringency of conditions of impacts related to: (1) Water Executive Order No. 13211. The assistance’’ or ‘‘place caps upon, or management; (2) water quality; and (3) potential effects of this designation on otherwise decrease, the Federal other activities (dredging, general power production were considered in Government’s responsibility to provide construction, bridge construction, and the economic analysis. The economic funding,’’ and the State, local, or tribal natural gas pipeline). analysis finds that water managers at governments ‘‘lack authority’’ to adjust According to the final economic four hydroelectric production facilities accordingly. At the time of enactment, analysis, impacts on small entities due in the ACT Basin are likely to undertake these entitlement programs were: to this rule are expected to be modest conservation efforts for listed species Medicaid; AFDC work programs; Child because the incremental costs of the rule that will benefit the three mollusks, at Nutrition; Food Stamps; Social Services are estimated to be administrative in an estimated cost of $8.8 million Block Grants; Vocational Rehabilitation nature. The only incremental impacts annually. Specifically, three facilities State Grants; Foster Care, Adoption associated with this rulemaking are (Carters, Weiss, Jordan) are expected to Assistance, and Independent Living; administrative costs of consultation modify operations to provide additional Family Support Welfare Services; and under section 7 of the Act, which are flows for the benefit of downstream Child Support Enforcement. ‘‘Federal expected to be approximately $44,000 aquatic species. However, these private sector mandate’’ includes a annually, using a 7 percent discount modifications related to conserving the regulation that ‘‘would impose an rate. The average of such costs to a small Georgia pigtoe, interrupted rocksnail, enforceable duty upon the private business over the next 20 years, and rough hornsnail are expected to sector, except (i) a condition of Federal discounted at 7 percent, is estimated to occur absent these critical habitat assistance or (ii) a duty arising from range from $0 to $18,300. The designations, because the areas affected participation in a voluntary Federal annualized incremental impacts, have been previously designated as program.’’ discounted at 7 percent, are expected to critical habitat for, and are occupied by, The designation of critical habitat be distributed among specific activities other listed mollusk species with does not impose a legally binding duty as follows: 42 percent transportation/ similar PCEs and habitat needs. on non-Federal government entities or construction, 33 percent water quality, Incremental impacts incurred from this private parties. Under the Act, the only 18 percent National Forest activities, critical habitat designation are all regulatory effect is that Federal agencies and 7 percent water management. expected to be administrative in nature, must ensure that their actions do not In summary, we considered whether and the designation of critical habitat jeopardize the continued existence of this designation will result in a for the Georgia pigtoe, interrupted the species, or destroy or adversely significant economic effect on a rocksnail, and rough hornsnail is not modify critical habitat under section 7. substantial number of small entities. expected to lead to any of the adverse While non-Federal entities that receive Based on the above reasoning and outcomes specified in the OMB Federal funding, assistance, or permits, currently available information, we guidance. As such, this final designation or that otherwise require approval or concluded that this rule will not result of critical habitat is not expected to authorization from a Federal agency for in a significant economic impact on a significantly affect energy supplies, an action, may be indirectly impacted substantial number of small entities. distribution, or use, and a Statement of by the designation of critical habitat, the Therefore, we are certifying that the Energy Effects is not required. legally binding duty to avoid designation of critical habitat for the destruction or adverse modification of three mollusks will not have a Unfunded Mandates Reform Act (2 critical habitat rests squarely on the significant economic impact on a U.S.C. 1501 et seq.) Federal agency. Furthermore, to the substantial number of small entities, In accordance with the Unfunded extent that non-Federal entities are and a regulatory flexibility analysis is Mandates Reform Act (2 U.S.C. 1501), indirectly impacted because they not required. the Service makes the following receive Federal assistance or participate findings: in a voluntary Federal aid program, the Energy Supply, Distribution, or Use— (a) This rule will not produce a Unfunded Mandates Reform Act would Executive Order 13211 Federal mandate. In general, a Federal not apply; nor would listing these Pursuant to Executive Order No. mandate is a provision in legislation, species or designating critical habitat 13211, ‘‘Actions Concerning Regulations statute or regulation that would impose shift the costs of the large entitlement that Significantly Affect Energy Supply, an enforceable duty upon State, local, programs listed above on to State Distribution, or Use,’’ issued May 18, tribal governments, or the private sector governments. 2001, Federal agencies must prepare and includes both ‘‘Federal (b) We have determined that the and submit a ‘‘Statement of Energy intergovernmental mandates’’ and designation of critical habitat for the Effects’’ for all ‘‘significant energy ‘‘Federal private sector mandates.’’ Georgia pigtoe, interrupted rocksnail, or

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rough hornsnail will significantly or Civil Justice Reform—Executive Order with Native American Tribal uniquely affect small governments 12988 Governments’’ (59 FR 22951), Executive because these mollusk species occur In accordance with Executive Order Order 13175, and the Department of primarily in State-owned river channels, 12988, the Office of the Solicitor has Interior’s manual at 512 DM 2, we or in remote privately owned stream determined that the rule does not readily acknowledge our responsibility channels. As such, a Small Government unduly burden the judicial system and to communicate meaningfully with Agency Plan is not required. meets the requirements of sections 3(a) recognized Federal tribes on a and 3(b)(2) of the Order. We have government-to-government basis, to Takings designated critical habitat for the work directly with tribes in developing programs for healthy ecosystems, to In accordance with Executive Order Georgia pigtoe, interrupted rocksnail, acknowledge that tribal lands are not 12630 (‘‘Government Actions and and rough hornsnail in accordance with subject to the same controls as Federal Interference with Constitutionally the provisions of the Act. This final rule public lands, to remain sensitive to Protected Private Property Rights’’), we uses standard property descriptions and identifies the PCEs within the Indian culture, and to make information have analyzed the potential takings available to tribes. One parcel of land implications of designating critical designated areas to assist the public in understanding the habitat needs of the adjacent to Unit RH–1 is owned by the habitat for the Georgia pigtoe, Georgia pigtoe, interrupted rocksnail, Poarch Creek Band of Indians, and the interrupted rocksnail, and rough and rough hornsnail. Creek Indian Enterprises, a small entity, hornsnail in a takings implications runs a small casino on the site. We assessment. The takings implications Paperwork Reduction Act of 1995 (44 contacted the Poarch Creek Band assessment concludes that this U.S.C. 3501 et seq.) regarding our proposed listing and designation of critical habitat for the This rule does not contain any new critical habitat designation, and the Georgia pigtoe, interrupted rocksnail, collections of information that require draft economic analysis. As of the and rough hornsnail does not pose approval by OMB under the Paperwork publication date of this rule, we have significant takings implications. Reduction Act. This rule will not not received any concerns from, or been impose recordkeeping or reporting Federalism—Executive Order 13132 contacted by, the Poarch Creek Band requirements on State or local regarding the designation of critical In accordance with Executive Order governments, individuals, businesses, or habitat adjacent to their lands. organizations. An agency may not 13132 (Federalism), the rule does not References Cited have significant Federalism effects. A conduct or sponsor, and a person is not Federalism assessment is not required. required to respond to, a collection of A complete list of all references cited In keeping with DOI and Department of information unless it displays a in this rulemaking is available on the Commerce policy, we requested currently valid OMB control number. Internet at http://www.regulations.gov and upon request from the Field information from, and coordinated National Environmental Policy Act Supervisor, Jackson Ecological Services development of this critical habitat (NEPA) (42 U.S.C. 4321 et seq.) Field Office (see ADDRESSES section). designation with, appropriate State We determined that environmental resource agencies in Alabama, Georgia, assessments and environmental impact Author(s) and Tennessee. The critical habitat statements, as defined under the The primary author of this package is designation may have some benefit to authority of the National Environmental Paul Hartfield of the Jackson Ecological these governments in that the areas that Policy Act of 1969, need not be Services Field Office (see ADDRESSES). contain the features essential to the prepared in connection with regulations List of Subjects in 50 CFR Part 17 conservation of the species are more adopted under section 4(a) of the Act. clearly defined, and the PCEs of the We published a notice outlining our Endangered and threatened species, habitat necessary to the conservation of reasons for this determination in the Exports, Imports, Reporting and the species are specifically identified. Federal Register on October 25, 1983 recordkeeping requirements, While making this definition and (48 FR 49244). Transportation. Also, it is our position that, outside identification does not alter where and Regulation Promulgation what federally sponsored activities may the jurisdiction of the United States occur, it may assist these local Court of Appeals for the Tenth Circuit, ■ Accordingly, we amend part 17, governments in long-range planning we do not need to prepare subchapter B of chapter I, title 50 of the (rather than waiting for case-by-case environmental analyses as defined by Code of Federal Regulations, as set forth section 7 consultations to occur). NEPA (42 U.S.C. 4321 et seq.) in below: connection with designating critical Where State and local governments habitat under the Act. We published a PART 17—[AMENDED] require approval or authorization from a notice outlining our reasons for this Federal agency for actions that may ■ 1. The authority citation for part 17 determination in the Federal Register continues to read as follows: affect critical habitat, consultation on October 25, 1983 (48 FR 49244). This under section 7(a)(2) of the Act would assertion was upheld by the Circuit Authority: 16 U.S.C. 1361–1407; 16 U.S.C. be required. While non-Federal entities Court of the United States for the Ninth 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. that receive Federal funding, assistance, Circuit (Douglas County v. Babbitt, 48 or permits, or that otherwise require F.3d 1495 (9th Cir. 1995), cert. denied ■ 2. Amend § 17.11(h) as follows: approval or authorization from a Federal 516 U.S. 1042 (1996)). ■ a. Add ‘‘Pigtoe, Georgia’’ in agency for an action, may be indirectly alphabetical order under CLAMS; and impacted by the designation of critical Government-to-Government ■ b. Add ‘‘Hornsnail, rough’’ and habitat, the legally binding duty to Relationship With Tribes ‘‘Rocksnail, interrupted’’ in alphabetical avoid destruction or adverse In accordance with the President’s order under SNAILS, to the List of modification of critical habitat rests memorandum of April 29, 1994, Endangered and Threatened Wildlife to squarely on the Federal agency. ‘‘Government-to-Government Relations read as follows:

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§ 17.11 Endangered and threatened (h) * * * wildlife. * * * * *

Species Vertebrate population Historic range where en- Status When listed Critical Special Common name Scientific name dangered or habitat rules threatened

******* CLAMS

******* Pigtoe, Georgia ...... Pleurobema U.S.A. (AL, GA, TN) ... NA E 777 17.95(f) NA hanleyianum.

******* SNAILS

******* Hornsnail, rough ...... Pleurocera foremani .... U.S.A. (AL) ...... NA E 777 17.95(f) NA

******* Rocksnail, interrupted .. Leptoxis foremani ...... U.S.A. (AL, GA) ...... NA E 777 17.95(f) NA

*******

■ 3. Amend § 17.95(f) by adding entries (i) Geomorphically stable stream and amounts of fine sediment and attached for ‘‘Georgia pigtoe (Pleurobema river channels and banks (channels that filamentous algae. hanleyianum)’’, ‘‘Interrupted Rocksnail maintain lateral dimensions, (v) The presence of fish host(s) for the (Leptoxis foremani)’’, and ‘‘Rough longitudinal profiles, and sinuosity Georgia pigtoe (species currently Hornsnail (Pleurocera foremani)’’ at the patterns over time without an aggrading unknown). Diverse assemblages of end of the paragraph to read as set forth or degrading bed elevation). native fish will serve as a potential below: (ii) A hydrologic flow regime (the indication of presence of host fish. magnitude, frequency, duration, and (3) Critical habitat does not include § 17.95 Critical habitat—fish and wildlife. seasonality of discharge over time) manmade structures existing on the * * * * * necessary to maintain benthic habitats effective date of this rule and not (f) Clams and Snails. where the species is found. Unless other containing one or more of the PCEs, * * * * * information becomes available, existing such as buildings, bridges, aqueducts, Georgia Pigtoe (Pleurobema conditions at locations where the airports, and roads, and the land on hanleyianum) species occurs will be considered as which such structures are located. (1) Critical habitat units are depicted minimal flow requirements for survival. (4) Critical habitat unit maps. Maps for Cherokee, Coosa, and Clay Counties, (iii) Water quality (including were developed from USGS 7.5′ Alabama; Murray and Whitfield temperature, pH, hardness, turbidity, quadrangles. Critical habitat unit Counties, Georgia; and Bradley and Polk oxygen content, and chemical upstream and downstream limits were Counties, Tennessee, on the maps constituents) that meets or exceeds the then identified by longitude and below. current aquatic life criteria established latitude using decimal degrees and (2) The primary constituent elements under the Clean Water Act (33 U.S.C. converted to Universal Transverse (PCEs) of critical habitat for the Georgia 1251–1387). Mercator (UTM) zone 16, coordinates. pigtoe are the habitat components that (iv) Sand, gravel, cobble, boulder, or (5) Note: Index map of critical habitat provide: bedrock substrates with low to moderate units for the Georgia pigtoe follows:

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BILLING CODE 4310–55–P (i) Unit GP 1 includes the channel of Highway 76 (694611.06E, 3851057.36N), (6) Unit 1 for Georgia pigtoe (GP 1): the Conasauga River from the Murray/Whitfield County, Georgia. Conasauga River, Bradley and Polk confluence of Minnewaga Creek (ii) Note: Map of Unit 1 (GP 1) for Counties, Tennessee; Murray and (710752.23E, 3875891.03N), Polk Georgia pigtoe (Conasauga River) Whitfield Counties, Georgia. County, Tennessee, downstream to U.S. follows:

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(7) Unit 2 for Georgia pigtoe (GP 2), downstream to the confluence with the below the confluence of Terrapin Creek Terrapin Creek and Coosa River, Coosa River (621001.27E, 3777441.03N), (619751.69E, 3776654.79N), Cherokee Cherokee County, Alabama. Cherokee County, Alabama; and the County, Alabama. (i) Unit GP 2 includes the channel of Coosa River channel from Weiss Dam (ii) Note: Map of Unit 2 (GP 2) for Terrapin Creek from Alabama Highway (614866.54E, 3781969.16N), Georgia pigtoe (Terrapin Creek, Coosa 9 (628065.76E, 3770007.078N), downstream to a point 1.6 km (1 mi) River) follows:

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(8) Unit 3 for Georgia pigtoe (GP 3): (588215.16E, 3666038.46N), Clay (ii) Note: Map of Unit 3 (GP 3) for Hatchet Creek, Coosa and Clay Counties, County, downstream to the confluence Georgia pigtoe (Hatchet Creek) follows: Alabama. of Swamp Creek at Coosa County Road (i) Unit GP 3 includes the channel of 29 (561904.90E, 3636065.37N), Coosa Hatchet Creek from Clay County Road 4 County, Alabama.

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Interrupted Rocksnail (Leptoxis seasonality of discharge over time) (3) Critical habitat does not include foremani) necessary to maintain benthic habitats manmade structures existing on the (1) Critical habitat units are depicted where the species is found. Unless other effective date of this rule and not for Cherokee and Elmore Counties, information becomes available, existing containing one or more of the PCEs, Alabama, and Gordon and Floyd conditions at locations where the such as buildings, bridges, aqueducts, Counties, Georgia, on the maps below. species occurs will be considered as airports, and roads, and the land on (2) The primary constituent elements minimal flow requirements for survival. which such structures are located. (PCEs) of critical habitat for the (iii) Water quality (including (4) Critical habitat unit maps. Maps interrupted rocksnail are the habitat temperature, pH, hardness, turbidity, were developed from USGS 7.5′ components that provide: oxygen content, and chemical quadrangles. Critical habitat unit (i) Geomorphically stable stream and constituents) that meets or exceeds the upstream and downstream limits were river channels and banks (channels that current aquatic life criteria established then identified by longitude and maintain lateral dimensions, under the Clean Water Act (33 U.S.C. latitude using decimal degrees and longitudinal profiles, and sinuosity 1251–1387). converted to Universal Transverse patterns over time without an aggrading (iv) Sand, gravel, cobble, boulder, or Mercator (UTM) zone 16, coordinates. or degrading bed elevation). bedrock substrates with low to moderate (5) Note: Index map of critical habitat (ii) A hydrologic flow regime (the amounts of fine sediment and attached units for the interrupted rocksnail magnitude, frequency, duration, and filamentous algae. follows:

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(6) Unit 1 for interrupted rocksnail 3781969.15N), downstream to a point (ii) Note: Map of Unit 1 (IR 1) for (IR 1): Coosa River, Cherokee County, 1.6 km (1 mi) below the confluence of interrupted rocksnail (Coosa River) Alabama. Terrapin Creek (619751.694E, follows: (i) Unit IR 1 includes the Coosa River 3776654.79N), Cherokee County, channel from Weiss Dam (614866.53E, Alabama.

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BILLING CODE 4310–55–C the confluence of the Conasauga and (668358.62E, 3792574.63N), Floyd (7) Unit 2 for interrupted rocksnail Coosawattee Rivers (692275.90E, County, Georgia. (IR 2): Oostanaula River, Gordon and 3824562.96N), Gordon County, Floyd Counties, Georgia. (ii) Note: Map of Unit 2 (IR 2) for (i) Unit IR 2 includes the primary downstream to Georgia Highway 1 Loop interrupted rocksnail (Oostanaula River) channel of the Oostanaula River from follows:

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BILLING CODE 4310–55–P (i) Unit IR 3 includes the Coosa River 3600042.81N), Elmore County, (8) Unit 3 for interrupted rocksnail channel from Jordan Dam (569930.28E, Alabama. (IR 3): Lower Coosa River, Elmore 3609212.67N), downstream to Alabama (ii) Note: Map of Unit 3 (IR 3) for County, Alabama. Highway 111 Bridge (574324.83E, interrupted rocksnail (Lower Coosa River) follows:

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Rough Hornsnail (Pleurocera foremani) where the species is found. Unless other effective date of this rule and not (1) Critical habitat units are depicted information becomes available, existing containing one or more of the primary for Elmore and Shelby Counties, conditions at locations where the constituent elements, such as buildings, Alabama, on the maps below. species occurs will be considered as bridges, aqueducts, airports, and roads, (2) The primary constituent elements minimal flow requirements for survival. and the land on which such structures (PCEs) of critical habitat for the rough (iii) Water quality (including are located. hornsnail are the habitat components temperature, pH, hardness, turbidity, (4) Critical habitat unit maps. Maps that provide: oxygen content, and chemical ′ (i) Geomorphically stable stream and constituents) that meets or exceeds the were developed from USGS 7.5 river channels and banks (channels that current aquatic life criteria established quadrangles. Critical habitat unit maintain lateral dimensions, under the Clean Water Act (33 U.S.C. upstream and downstream limits were longitudinal profiles, and sinuosity 1251–1387). then identified by longitude and patterns over time without an aggrading (iv) Sand, gravel, cobble, boulder, latitude using decimal degrees and or degrading bed elevation). bedrock, or mud substrates with low to converted to Universal Transverse (ii) A hydrologic flow regime (the moderate amounts of fine sediment and Mercator (UTM) zone 16, coordinates. magnitude, frequency, duration, and attached filamentous algae. (5) Note: Index map of critical habitat seasonality of discharge over time) (3) Critical habitat does not include units for the rough hornsnail follows: necessary to maintain benthic habitats manmade structures existing on the

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(6) Unit 1 for rough hornsnail (RH 1): (i) Unit RH 1 includes the Coosa River (568995.14E, 3597805.93N), Elmore Lower Coosa River, Elmore County, channel from Jordan Dam (569930.28E, County, Alabama. Alabama. 3609212.67N), downstream to the (ii) Note: Map of Unit 1 (RH 1) for confluence of the Tallapoosa River rough hornsnail (Coosa River) follows:

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(7) Unit 2 for rough hornsnail (RH 2): Morgan Creek (550285.41E, (ii) Note: Map of Unit 2 (RH 2) for Yellowleaf Creek, Shelby County, 3682865.13N), downstream to 1.6 km (1 rough hornsnail (Yellowleaf Creek) Alabama. mi) below Alabama Highway 25 follows: (i) Unit RH 2 includes the channel of (552296.38E, 3679287.87N), Shelby Yellowleaf Creek from the confluence of County, Alabama.

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* * * * * Authority: The authority for this section is Dated: October 15, 2010. section 4 of the Endangered Species Act of Thomas L. Strickland, 1973, as amended (16 U.S.C. 1531 et seq.). Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2010–27417 Filed 11–1–10; 8:45 am] BILLING CODE 4310–55–C

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