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Department of the Interior Fish and Wildlife Service Monday, June 29, 2009 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Georgia Pigtoe Mussel, Interrupted Rocksnail, and Rough Hornsnail with Critical Habitat; Proposed Rule VerDate Nov<24>2008 20:31 Jun 26, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\29JNP2.SGM 29JNP2 mstockstill on PROD1PC66 with PROPOSALS2 31114 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Proposed Rules DEPARTMENT OF THE INTERIOR ADDRESSES: You may submit comments essential to the conservation of the by one of the following methods: species, and areas not occupied at the Fish and Wildlife Service • Federal eRulemaking Portal: http:// time of listing that are essential to the www.regulations.gov. Follow the conservation of the species and why; 50 CFR Part 17 instructions for submitting comments. (6) Any foreseeable economic, • U.S. mail or hand-delivery: Public national security, or other potential [FWS–R4–ES–2008–0104; MO 9221050083] Comments Processing, Attn: RIN 1018– impacts resulting from the proposed AU88; Division of Policy and Directives designation and, in particular, any RIN 1018–AU88 Management; U.S. Fish and Wildlife impacts on small entities, and information about the benefits of Endangered and Threatened Wildlife Service; 4401 N. Fairfax Drive, Suite including or excluding any areas that and Plants; Proposed Endangered 222; Arlington, VA 22203. We will not accept e-mail or faxes. We exhibit those impacts; and Status for the Georgia Pigtoe Mussel, will post all comments on http:// (7) Whether our approach to Interrupted Rocksnail, and Rough www.regulations.gov. This generally designating critical habitat could be Hornsnail with Critical Habitat means that we will post any personal improved or modified in any way to AGENCY: Fish and Wildlife Service, information you provide us (see the provide for greater public participation Interior. Public Comments section below for and understanding, or to assist us in ACTION: Proposed rule. more information). accommodating public concerns and FOR FURTHER INFORMATION CONTACT: Cary comments. SUMMARY: We, the U.S. Fish and Norquist, Acting Field Supervisor, You may submit your comments and Wildlife Service (Service), propose to Mississippi Fish and Wildlife Office at materials concerning this proposed rule list the Georgia pigtoe mussel 6578 Dogwood View Parkway, Suite A, by one of the methods listed in the (Pleurobema hanleyianum), interrupted Jackson, MS 39213 (telephone 601–321– ADDRESSES section. We will not accept rocksnail (Leptoxis foremani), and rough 1122; facsimile 601–965–4340). If you comments you send by e-mail or fax or hornsnail (Pleurocera foremani), as use a telecommunications device for the to an address not listed in the endangered species under the deaf (TDD), you may call the Federal ADDRESSES section. Endangered Species Act of 1973, as Information Relay Service (FIRS) at We will post your entire comment— amended (Act). The Georgia pigtoe, 800–877–8339. including your personal identifying information—on http:// interrupted rocksnail, and rough SUPPLEMENTARY INFORMATION: hornsnail are endemic to the Coosa www.regulations.gov. If you provide River drainage within the Mobile River Public Comments personal identifying information in Basin of Alabama, Tennessee, and We intend that any final action addition to the required items specified Georgia. These three species have resulting from this proposal will be as in the previous paragraph, such as your disappeared from large portions of their accurate and as effective as possible. street address, phone number, or e-mail natural ranges due to extensive Therefore, we are seeking comments or address, you may request at the top of construction of dams that eliminated or suggestions from the public, other your document that we withhold this reduced water currents and caused concerned governmental agencies, the information from public review. changes in habitat and water quality. scientific community, industry, or any However, we cannot guarantee that we The surviving populations are small, other interested party concerning this will be able to do so. localized, and highly vulnerable to proposed rule. We particularly seek Comments and materials we receive, water quality and habitat deterioration. comments concerning: as well as supporting documentation we We are also proposing to designate (1) Any biological, commercial trade, used in preparing this proposed rule, critical habitat concurrently for the or other relevant data concerning any will be available for public inspection Georgia pigtoe, interrupted rocksnail, threat (or lack thereof) to the Georgia on http://www.regulations.gov, or by and rough hornsnail under the Act. In pigtoe mussel, interrupted rocksnail, appointment, during normal business total, approximately 258 kilometers and rough hornsnail; hours, at the U.S. Fish and Wildlife (km) (160 miles (mi)) of stream and river (2) Any additional information Service, Mississippi Fish and Wildlife channels fall within the boundaries of concerning the ranges, distributions, Office (see FOR FURTHER INFORMATION the proposed critical habitat designation and population sizes of the species; CONTACT). for the three species: 153 km (95 mi) for (3) Land use designations and current Background the Georgia pigtoe, 101 km (63 mi) for or planned activities in the subject area the interrupted rocksnail, and 27.4 km and their possible impacts on these Georgia Pigtoe Mussel (17 mi) for the rough hornsnail. The species or proposed critical habitats; The Georgia pigtoe (Pleurobema proposed critical habitat is located in (4) The reasons why any area should hanleyianum) is a freshwater mussel in Cherokee, Clay, Coosa, Elmore, and or should not be designated as critical the family Unionidae. It was described Shelby Counties, Alabama; Gordon, habitat as provided by section 4 of the in 1852 by I. Lea as Unio hanleyianum Floyd, Murray, and Whitfield Counties, Act (16 U.S.C. 1531 et seq.), including from the Coosawattee River in Georgia. Georgia; and Bradley and Polk Counties, whether the benefit of designation It was placed in the genus Pleurobema Tennessee. would outweigh threats to the species by Simpson in 1900. The uniqueness of These proposals, if made final, would caused by designation such that the the Georgia pigtoe has been verified implement Federal protection provided designation of critical habitat is both morphologically (Williams et al. by the Act. prudent; 2008, p. 533) and genetically (Campbell DATES: We will accept comments (5) Specific information on the et al. 2008, pp. 719–721). received on or before August 28, 2009. amount and distribution of habitat for The shell of the Georgia pigtoe We must receive requests for public the Georgia pigtoe, interrupted reaches about 50 to 65 millimeters (mm) hearings, in writing, at the address rocksnail, and rough hornsnail, (2 to 2.5 inches (in)) in length. It is oval shown in the FOR FURTHER INFORMATION including areas occupied at the time of to elliptical and somewhat inflated. The CONTACT section by August 13, 2009. listing and containing the features posterior ridge is low and evenly VerDate Nov<24>2008 20:31 Jun 26, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\29JNP2.SGM 29JNP2 mstockstill on PROD1PC66 with PROPOSALS2 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Proposed Rules 31115 rounded when evident. The anterior end River drainage, the freshwater mussel The interrupted rocksnail, a member is rounded, while the posterior margin fauna had declined from historical of the aquatic snail family is bluntly pointed below. Dorsal and levels, and at all but a few localized Pleuroceridae, was described from the ventral margins are curved, and the areas, the fauna proved to be completely Coosa River, Alabama, by Lea in 1843. beaks rise slightly above the hinge line. eliminated or severely reduced due to a Goodrich (1922, p. 13) placed the The periostracum (membrane on the variety of impacts, including point and species in the ‘‘Anculosa (=Leptoxis) surface of the shell) is yellowish-tan to non-point source pollution, and channel picta (Conrad 1834) group,’’ which also reddish-brown and may have concentric modifications such as impoundment. included the Georgia rocksnail (Leptoxis green rings. The beak cavity is shallow, Following a review of these efforts and downei (Lea 1868)). L. foremani was and the shell interior is white to dull observations, the Service reported 14 considered to inhabit the Lower Coosa bluish-white (Parmalee and Bogan 1998, species of mussels in the genus River, with L. downei inhabiting the p. 185; Williams et al. 2008, p. 533). Pleurobema, including the Georgia Upper Coosa drainage (Goodrich 1922, Little is known about the habitat pigtoe, as presumed extinct, based on pp. 18–19, 21–23). When a rocksnail requirements or life history of the their absence from collection records, population was rediscovered surviving Georgia pigtoe; however, it is found in technical reports, or museum in the Oostanaula River, Georgia, in shallow runs and riffles with strong to collections for a period of 20 years or 1997, it was initially identified as L. moderate current and coarse sand– more (Hartfield 1994, p. 1). downei (Williams and Hughes 1998, p. gravel–cobble bottoms. Unionid The Service and others continued to 9; Johnson and Evans 2000, pp. 45–46); mussels, such as the Georgia pigtoe, conduct surveys in the Coosa River however, Burch (1989, p. 155) had filter-feed on algae, detritus, and drainage for mollusks (P. Hartfield in previously placed L. downei within L. bacteria from the water column. The litt. 1990–2001; Williams and Hughes foremani as an ecological variation. larvae of most unionid mussels are 1998, pp. 2–6; Johnson and Evans 2000, Therefore, L. downei is currently parasitic, requiring a period of p. 106; Herod et al. 2001, pp i–ii; considered an upstream phenotype of encystment on a fish host before they Gangloff 2003, pp.
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