61384 Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Proposed Rules

DEPARTMENT OF THE INTERIOR us at any time new information relevant Ecological Services Field Office, 160 to the status of purple lilliput or its Zillicoa St., Asheville, NC 28801; Fish and Wildlife Service habitat. telephone 828–258–3939. Persons who DATES: For the proposed rule to list and use a telecommunications device for the 50 CFR Part 17 designate critical habitat for the deaf (TDD) may call the Federal Relay Service at 800–877–8339. [Docket No. FWS–R4–ES–2020–0010; longsolid and round hickorynut, we will FF09E21000 FXES11110900000 201] accept comments received or SUPPLEMENTARY INFORMATION: postmarked on or before December 28, Executive Summary RIN 1018–BD32 2020. Comments submitted electronically using the Federal Why we need to publish a rule. Under Endangered and Threatened Wildlife the Act, if we determine that a species and Plants; 12-Month Finding for eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. is an endangered or threatened species Purple Lilliput; Threatened Species throughout all or a significant portion of Status With Section 4(d) Rule for Eastern Time on the closing date. We must receive requests for a public its range, we are required to promptly Longsolid and Round Hickorynut and publish a proposal in the Federal Designation of Critical Habitat hearing, in writing, at the address shown in FOR FURTHER INFORMATION Register and make a determination on our proposal within one year. To the AGENCY: Fish and Wildlife Service, CONTACT by November 13, 2020. Petition maximum extent prudent and Interior. finding for the purple lilliput: For the purple lilliput, the finding in this determinable, we must designate critical ACTION: Proposed rule; announcement of habitat for any species that we 12-month findings. document was made on September 29, 2020. determine to be an endangered or threatened species under the Act. SUMMARY: We, the U.S. Fish and ADDRESSES: You may submit comments Listing a species as an endangered or Wildlife Service (Service), announce 12- by one of the following methods: threatened species and designation of month findings on a petition to list the (1) Electronically: Go to the Federal critical habitat can only be completed purple lilliput (Toxolasma lividum), eRulemaking Portal: http:// www.regulations.gov. In the Search box, by issuing a rule. longsolid (Fusconaia subrotunda), and What this document does. We find enter FWS–R4–ES–2020–0010, which is round hickorynut (Obovaria that listing the purple lilliput as an the docket number for this rulemaking. subrotunda) freshwater mussels as endangered or threatened species is not Then, click on the Search button. On the endangered or threatened species and to warranted. We propose to list the resulting page, in the Search panel on designate critical habitat under the longsolid and round hickorynut as the left side of the screen, under the Endangered Species Act of 1973, as threatened species with a rule under Document Type heading, check the amended (Act). We find that listing the section 4(d) of the Act, and we propose longsolid and round hickorynut is Proposed Rule box to locate this the designation of critical habitat for warranted. Accordingly, we propose to document. You may submit a comment these two species. list the longsolid and round hickorynut by clicking on ‘‘Comment Now!’’ The basis for our action. Under the as threatened species with a rule issued (2) By hard copy: Submit by U.S. mail Act, we may determine that a species is under section 4(d) of the Act (‘‘4(d) to: Public Comments Processing, Attn: an endangered or threatened species rule’’). If we finalize this rule as FWS–R4–ES–2020–0010, U.S. Fish and because of any of five factors: (A) The proposed, it would add these species to Wildlife Service, MS: PRB/3W, 5275 present or threatened destruction, the List of Endangered and Threatened Leesburg Pike, Falls Church, VA 22041– modification, or curtailment of its Wildlife and extend the Act’s 3803. habitat or range; (B) overutilization for protections to the species. We also We request that you send comments commercial, recreational, scientific, or propose to designate critical habitat for only by the methods described above. educational purposes; (C) disease or the longsolid and round hickorynut We will post all comments on http:// predation; (D) the inadequacy of under the Act. For the longsolid, www.regulations.gov. This generally existing regulatory mechanisms; or (E) approximately 1,115 river miles (1,794 means that we will post any personal other natural or manmade factors kilometers), all of which is occupied by information you provide us (see affecting its continued existence. We the species, in Pennsylvania, Kentucky, Information Requested, below, for more have determined that threats to the West Virginia, Virginia, Tennessee, and information). longsolid and round hickorynut include Alabama fall within the boundaries of Availability of supporting materials: habitat degradation or loss from a the proposed critical habitat For the critical habitat designation, the variety of sources (e.g., dams and other designation. For the round hickorynut, coordinates or plot points or both from barriers, resource extraction); degraded approximately 921 river miles (1,482 which the maps are generated are water quality from chemical kilometers), all of which is occupied by included in the administrative record contamination and erosion from the species, in Pennsylvania, Ohio, and are available at https:// development, agriculture, mining, and Indiana, Kentucky, West Virginia, www.fws.gov/Asheville/ and at http:// timber operations; direct mortality from Tennessee, Alabama, and Mississippi www.regulations.gov under Docket No. dredging; residual impacts (reduced fall within the boundaries of the FWS–R4–ES–2020–0010. Any population size) from historical harvest; proposed critical habitat designation. additional tools or supporting and the proliferation of invasive, Finally, we announce the availability of information that we may develop for the nonnative species. These threats also a draft economic analysis of the critical habitat designation will also be contribute to the negative effects proposed designation of critical habitat available at the Service website set out associated with the species’ small for the longsolid and round hickorynut. above, and may also be included in the population size. After a thorough review of the best preamble and/or at http:// Section 4(a)(3) of the Act requires the available scientific and commercial www.regulations.gov. Secretary of the Interior (Secretary) to information, we find that it is not FOR FURTHER INFORMATION CONTACT: designate critical habitat concurrent warranted at this time to list the purple Janet Mizzi, Field Supervisor, U.S. Fish with listing to the maximum extent lilliput. We ask the public to submit to and Wildlife Service, Asheville prudent and determinable. Section

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3(5)(A) of the Act defines critical habitat the conclusions made, including why and existing regulations that may be as (i) the specific areas within the we changed our conclusion. addressing those threats. geographical area occupied by the (4) Additional information concerning Acronyms and Abbreviations Used species, at the time it is listed, on which the historical and current status, range, are found those physical or biological We use several acronyms and distribution, and population size of this features (I) essential to the conservation abbreviations throughout the preamble species, including the locations of any of the species and (II) which may of this finding and proposed rule. To additional populations of this species. require special management assist the reader, we list them here: (5) Information on regulations that are considerations or protections; and (ii) Act = Endangered Species Act of 1973, as necessary and advisable to provide for specific areas outside the geographical amended (16 U.S.C. 1531 et seq.) the conservation of the longsolid and area occupied by the species at the time AMD = acid mine and saline drainage round hickorynut, and that the Service it is listed, upon a determination by the BMP = best management practice can consider in developing a 4(d) rule Secretary that such areas are essential CBD = Center for Biological Diversity for the species. In particular, we seek for the conservation of the species. DEA = draft economic analysis information concerning the extent to = Section 4(b)(2) of the Act states that the IEM incremental effects memorandum HUC = hydrologic unit code which we should include any of the Secretary must make the designation on LS = longsolid section 9 prohibitions in the 4(d) rule or the basis of the best scientific data ppm = parts per million whether any other forms of take should available and after taking into RFA = Regulatory Flexibility Act be excepted from the prohibitions in the consideration the economic impact, the RH = round hickorynut 4(d) rule. impact on national security, and any SSA = species status assessment (6) The reasons why we should or other relevant impacts of specifying any TDEC = Tennessee Department of should not designate habitat as ‘‘critical particular area as critical habitat. Environment and Conservation habitat’’ under section 4 of the Act, = Peer review. In accordance with our TVA Tennessee Valley Authority including information to inform the joint policy on peer review published in Information Requested following factors that the regulations identify as reasons why designation of the Federal Register on July 1, 1994 (59 For the purple lilliput, we ask the critical habitat may be not prudent: FR 34270), and our August 22, 2016, public to submit to us at any time new memorandum updating and clarifying information relevant to the species’ (a) The species is threatened by taking the role of peer review of listing actions status or its habitat. or other human activity and under the Act, we sought the expert For the longsolid and round identification of critical habitat can be opinions of 10 appropriate specialists hickorynut, we intend that any final expected to increase the degree of such regarding the purple lilliput species action resulting from this proposed rule threat to the species; status assessment (SSA) report, 11 will be based on the best scientific and (b) The present or threatened regarding the longsolid SSA report, and commercial data available and be as destruction, modification, or 10 regarding the round hickorynut SSA accurate and as effective as possible. curtailment of a species’ habitat or range report. We received responses from Therefore, we request comments or is not a threat to the species, or threats three, none, and one specialists, information from other concerned to the species’ habitat stem solely from respectively; feedback we received governmental agencies, Native causes that cannot be addressed through informed our findings and this proposed American tribes, the scientific management actions resulting from rule. The purpose of peer review is to community, industry, or any other consultations under section 7(a)(2) of ensure that our listing determinations, interested parties concerning this the Act; critical habitat designations, and 4(d) proposed rule. (c) Areas within the jurisdiction of the rules are based on scientifically sound We particularly seek comments United States provide no more than data, assumptions, and analyses. The concerning: negligible conservation value, if any, for peer reviewers have expertise in the (1) The species’ biology, range, and a species occurring primarily outside biology, habitat, and threats to the population trends, including: the jurisdiction of the United States; or species. (a) Biological or ecological (d) No areas meet the definition of Because we will consider all requirements of the species, including critical habitat. comments and information we receive habitat requirements for feeding, (7) Specific information on: during the comment period, our final breeding, and sheltering; (a) The amount and distribution of determinations for the longsolid and (b) Genetics and taxonomy; longsolid or round hickorynut habitat; round hickorynut may differ from this (c) Historical and current range, (b) What areas, that were occupied at proposal. Based on the new information including distribution patterns; the time of listing and that contain the we receive (and any comments on that (d) Historical and current population physical or biological features essential new information), we may conclude that levels, and current and projected trends; to the conservation of the species, either the longsolid or round hickorynut and should be included in the designation are endangered instead of threatened, or (e) Past and ongoing conservation and why; we may conclude that either species measures for the species, their habitats, (c) Special management does not warrant listing as either an or both. considerations or protection that may be endangered species or a threatened (2) Factors that may affect the needed in critical habitat areas we are species. Such final decisions would be continued existence of the species, proposing, including managing for the a logical outgrowth of this proposal, as which may include habitat modification potential effects of climate change; and long as we: (1) Base the decisions on the or destruction, overutilization, disease, (d) What areas not occupied at the best scientific and commercial data predation, the inadequacy of existing time of listing are essential for the available after considering all of the regulatory mechanisms, or other natural conservation of the species. We relevant factors; (2) do not rely on or manmade factors. particularly seek comments: factors Congress has not intended us to (3) Biological, commercial trade, or (i) Regarding whether occupied areas consider; and (3) articulate a rational other relevant data concerning any are inadequate for the conservation of connection between the facts found and threats (or lack thereof) to the species the species; and

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(ii) Providing specific information personal identifying information, you deliver 12-month findings to the Office regarding whether or not unoccupied may request at the top of your document of the Federal Register by July 30, 2020. areas would, with reasonable certainty, that we withhold this information from This document constitutes our 12- contribute to the conservation of the public review. However, we cannot month finding on the April 20, 2010, species and contain at least one physical guarantee that we will be able to do so. petition to list the purple lilliput, or biological feature essential to the We will post all hardcopy submissions longsolid, and round hickorynut under conservation of the species. on http://www.regulations.gov. the Act, and complies with the October (8) Land use designations and current Comments and materials we receive, 11, 2019, stipulated settlement or planned activities in the subject areas as well as supporting documentation we agreement and May 12, 2020, extension. and their possible impacts on proposed used in preparing this proposed rule, critical habitat. will be available for public inspection Supporting Documents (9) Any probable economic, national on http://www.regulations.gov. An SSA team prepared SSA reports security, or other relevant impacts of for the purple lilliput, longsolid, and Public Hearing designating any area that may be round hickorynut. The SSA team was included in the final designation, and Section 4(b)(5) of the Act provides for composed of Service biologists, in the related benefits of including or a public hearing on this proposal for the consultation with other species experts. excluding specific areas. longsolid and round hickorynut, if The SSA reports represent a (10) Information on the extent to requested. We must receive requests for compilation of the best scientific and which the description of probable a public hearing, in writing, at the commercial data available concerning economic impacts in the draft economic address shown in FOR FURTHER the status of these species, including the analysis is a reasonable estimate of the INFORMATION CONTACT. We will schedule impacts of past, present, and future likely economic impacts (i.e., a public hearing on this proposal, if factors (both negative and beneficial) incremental impacts estimated to be less requested, and announce the date, time, affecting these species. As discussed than $327,000 per year for the next 10 and place of the hearing, as well as how above under Peer review, we solicited years). to obtain reasonable accommodations, appropriate peer review of all three of (11) Whether any specific areas we are in the Federal Register and local the species’ SSA reports. In addition, we proposing for critical habitat newspapers at least 15 days before the sent the draft SSA reports for review to designation should be considered for hearing. For the immediate future, we Federal partners, State partners, and exclusion under section 4(b)(2) of the will provide these public hearings using scientists with expertise in aquatic Act, and whether the benefits of webinars that will be announced on the ecology and freshwater mussel biology, potentially excluding any specific area Service’s website, in addition to the taxonomy, and conservation. Although outweigh the benefits of including that Federal Register. The use of these we notified tribal nations early in the area under section 4(b)(2) of the Act. virtual public hearings is consistent SSA process for these species, we did (12) Whether we could improve or with our regulations at 50 CFR not receive any information or modify our approach to designating 424.16(c)(3). comments regarding these species on tribal lands in the United States. The critical habitat in any way to provide for Previous Federal Actions greater public participation and round hickorynut SSA report was also understanding, or to better On April 20, 2010, we received a shared with the Canadian government accommodate public concerns and petition from the Center for Biological and the Walpole Islands First National comments. Diversity (CBD), Alabama Rivers Indian Reservation in Canada. Please include sufficient information Alliance, Clinch Coalition, Dogwood I. Finding for Purple Lilliput with your submission (such as scientific Alliance, Gulf Restoration Network, journal articles or other publications) to Tennessee Forests Council, and West Under section 4(b)(3)(B) of the Act, allow us to verify any scientific or Virginia Highlands Conservancy we are required to make a finding commercial information you include. (referred to below as the CBD petition) whether or not a petitioned action is Please note that submissions merely to list 404 aquatic, riparian, and wetland warranted within 12 months after stating support for, or opposition to, the species, including the purple lilliput, receiving any petition that we have action under consideration without longsolid, and round hickorynut, as determined contains substantial providing supporting information, endangered or threatened species under scientific or commercial information although noted, will not be considered the Act. On September 27, 2011, we indicating that the petitioned action in making a determination, as section published a 90-day finding that the may be warranted (‘‘12-month finding’’). 4(b)(1)(A) of the Act directs that petition contained substantial We must make a finding that the determinations as to whether any information indicating listing may be petitioned action is: (1) Not warranted; species is an endangered or a threatened warranted for these three species (76 FR (2) warranted; or (3) warranted but species must be made ‘‘solely on the 59836). precluded. ‘‘Warranted but precluded’’ basis of the best scientific and On April 17, 2019, CBD filed a means that (a) the petitioned action is commercial data available.’’ complaint challenging the Service’s warranted, but the immediate proposal You may submit your comments and failure to complete 12-month findings of a regulation implementing the materials concerning this proposed rule for these species within the statutory petitioned action is precluded by other by one of the methods listed in deadline. The Service and CBD reached pending proposals to determine whether ADDRESSES. We request that you send a stipulated settlement agreement species are endangered or threatened comments only by the methods whereby the Service agreed to deliver species, and (b) expeditious progress is described in ADDRESSES. 12-month findings for purple lilliput, being made to add qualified species to If you submit information via http:// longsolid, and round hickorynut to the the Lists of Endangered and Threatened www.regulations.gov, your entire Office of the Federal Register by June Wildlife and Plants (Lists) and to submission—including any personal 30, 2020. Subsequently, we requested a remove from the Lists species for which identifying information—will be posted 30-day extension that was approved by the protections of the Act are no longer on the website. If your submission is CBD and granted by the Court on May necessary. Section 4(b)(3)(C) of the Act made via a hardcopy that includes 12, 2020, whereby the Service would requires that, when we find that a

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petitioned action is warranted but a ‘‘threatened species.’’ In determining and thoroughly evaluated the best precluded, we treat the petition as whether a species meets either scientific and commercial data available though resubmitted on the date of such definition, we must evaluate all regarding the past, present, and future finding, that is, requiring that a identified threats by considering the stressors and threats. We reviewed the subsequent finding be made within 12 expected response by the species, and petition, information available in our months of that date. We must publish the effects of the threats—in light of files, and other available published and these 12-month findings in the Federal those actions and conditions that will unpublished information. This Register. ameliorate the threats—on an evaluation may include information individual, population, and species from recognized experts; Federal, State, Summary of Information Pertaining to level. We evaluate each threat and its and tribal governments; academic the Five Factors expected effects on the species, then institutions; private entities; and other Section 4 of the Act (16 U.S.C. 1533) analyze the cumulative effect of all of members of the public. After and its implementing regulations (50 the threats on the species as a whole. comprehensive assessment of the best CFR part 424) set forth the procedures We also consider the cumulative effect scientific and commercial data for determining whether a species is an of the threats in light of those actions available, we determined that the purple ‘‘endangered species’’ or a ‘‘threatened and conditions that will have positive lilliput does not meet the definition of species.’’ The Act defines an effects on the species, such as any an endangered or a threatened species. endangered species as a species that is existing regulatory mechanisms or The species assessment for the purple ‘‘in danger of extinction throughout all conservation efforts. The Secretary lilliput contains more detailed or a significant portion of its range,’’ and determines whether the species meets biological information, a thorough a threatened species as a species that is the definition of an ‘‘endangered analysis of the listing factors, and an ‘‘likely to become an endangered species’’ or a ‘‘threatened species’’ only explanation of why we determined that species within the foreseeable future after conducting this cumulative this species does not meet the definition throughout all or a significant portion of analysis and describing the expected of an endangered species or a threatened its range.’’ The Act requires that we effect on the species now and in the species. This supporting information determine whether any species is an foreseeable future. can be found on the internet at http:// ‘‘endangered species’’ or a ‘‘threatened The Act does not define the term www.regulations.gov under docket species’’ because of any of the following ‘‘foreseeable future,’’ which appears in number FWS–R4–ES–2020–0010. The factors: the statutory definition of ‘‘threatened following is an informational summary (A) The present or threatened species.’’ Our implementing regulations for the purple lilliput finding in this destruction, modification, or at 50 CFR 424.11(d) set forth a document. framework for evaluating the foreseeable curtailment of its habitat or range; Summary of Finding (B) Overutilization for commercial, future on a case-by-case basis. The term recreational, scientific, or educational ‘‘foreseeable future’’ extends only so far The purple lilliput is a freshwater purposes; into the future as the Services can mussel that belongs to the order (C) Disease or predation; reasonably determine that both the Unionida, also known as the naiads and (D) The inadequacy of existing future threats and the species’ responses pearly mussels. Purple lilliput adult regulatory mechanisms; or to those threats are likely. In other mussels are small, with a relatively (E) Other natural or manmade factors words, the foreseeable future is the thick, inflated, oval shell (up to 1.5 affecting its continued existence. period of time in which we can make inches (in) (38 millimeters (mm)) These factors represent broad reliable predictions. ‘‘Reliable’’ does not (Williams et al. 2008, p. 719), and the categories of natural or human-caused mean ‘‘certain’’; it means sufficient to shell typically darkens with age. The actions or conditions that could have an provide a reasonable degree of species is currently found in the Great effect on a species’ continued existence. confidence in the prediction. Thus, a Lakes, Ohio, Cumberland, Tennessee, In evaluating these actions and prediction is reliable if it is reasonable Arkansas-White-Red, and Lower conditions, we look for those that may to depend on it when making decisions. Mississippi major river basins, within have a negative effect on individuals of It is not always possible or necessary the States of Alabama, Kentucky, the species, as well as other actions or to define foreseeable future as a Missouri, Arkansas, Ohio, Illinois, conditions that may ameliorate any particular number of years. Analysis of Indiana, Michigan, and Tennessee. It is negative effects or may have positive the foreseeable future uses the best considered extirpated from North effects. scientific and commercial data available Carolina and Georgia, and potentially We use the term ‘‘threat’’ to refer in and should consider the timeframes extirpated from Oklahoma and Virginia. general to actions or conditions that are applicable to the relevant threats and to Although it has never been collected known to or are reasonably likely to the species’ likely responses to those within the State of Kansas, it occurs in negatively affect individuals of a threats in view of its life-history the Spring River drainage nearby in species. The term ‘‘threat’’ includes characteristics. Data that are typically Missouri, and thus potentially occurs in actions or conditions that have a direct relevant to assessing the species’ Kansas, and may eventually be impact on individuals (direct impacts), biological response include species- discovered there (Obermeyer et al. 1997, as well as those that affect individuals specific factors such as lifespan, p. 49; Angelo et al. 2009, p. 95). through alteration of their habitat or reproductive rates or productivity, Little information is known specific to required resources (stressors). The term certain behaviors, and other purple lilliput; thus, we relied on ‘‘threat’’ may encompass—either demographic factors. surrogate life-history information for together or separately—the source of the In conducting our evaluation of the closely related species when necessary, action or condition or the action or five factors provided in section 4(a)(1) of including for sex-specific information, condition itself. the Act to determine whether the purple for information on reproduction, and for However, the mere identification of lilliput (Toxolasma lividum; Service determining appropriate temperatures any threat(s) does not necessarily mean 2020a, entire) currently meets the for glochidia metamorphosis. For that the species meets the statutory definition of ‘‘endangered species’’ or example, the purple lilliput is a short- definition of an ‘‘endangered species’’ or ‘‘threatened species,’’ we considered lived species, estimated to live 5 to 10

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years (possibly up to 15 years), based on Status Throughout All of Its Range listing if it is in danger of extinction or the life expectancy of the Savannah We have carefully assessed the best likely to become so in the foreseeable lilliput (Toxolasma pullus) (9 years; scientific and commercial data available future throughout all or a significant Hanlon and Levine 2004, p. 294), regarding the past, present, and future portion of its range. Having determined lilliput (T. parvum) (at least 5 years; threats to the purple lilliput, and we that the purple lilliput is not in danger Haag and Rypel 2011, p. 229), and Texas evaluated all relevant factors under the of extinction or likely to become so in lilliput (T. texasiense) (11 years; Haag five listing factors, including any the foreseeable future throughout all of and Rypel 2011, p. 229). regulatory mechanisms and its range, we now consider whether it conservation measures addressing these may be in danger of extinction or likely The purple lilliput can be found in a to become so in the foreseeable future in stressors. The primary stressors (which wide range of habitats and a variety of a significant portion of its range—that are pervasive across the species’ range) substrates in rivers and streams at is, whether there is any portion of the affecting the purple lilliput’s biological depths less than 3.3 feet (ft) (1 meter species’ range for which it is true that status include habitat degradation or (m)) (Gordon and Layzer 1989, p. 34). It both (1) the portion is significant; and, loss (i.e., declines in water quality; may be located in coarse substrates such (2) the species is in danger of extinction reduced water levels; riparian and as cobble and gravel, or fine-particle now or likely to become so in the instream fragmentation; and genetic substrates such as packed sand, silty foreseeable future in that portion. isolation from development, clay, and mud. It is commonly collected Depending on the case, it might be more urbanization, contaminants, agricultural in and near shorelines, in backwaters, efficient for us to address the and in vegetation and root masses in activities, impoundments, changing ‘‘significance’’ question or the ‘‘status’’ waters just a few centimeters deep. climate conditions, resource extraction, question first. We can choose to address Purple lilliput also exhibits some ability and forest conversion), and impacts either question first. Regardless of to inhabit lentic (still water) associated with invasive and nonnative which question we address first, if we environments (Roe 2002, p. 5). In species. reach a negative answer with respect to unimpounded reaches, the species While threats have acted on the the first question that we address, we do species to reduce available habitat, the commonly occurs in a range of slow to not need to evaluate the other question purple lilliput persists in 145 of 272 (53 swift currents, and from shallow, rocky for that portion of the species’ range. percent) of its historically occupied gravel points, mud, and sandbars in In undertaking this analysis for the populations, and its distribution overbank areas and embayments purple lilliput, we choose to address the continues to be represented within the (Parmalee and Bogan 1998, p. 231; status question first—we consider six major river basins that it is Williams et al. 2008, p. 720). information pertaining to the geographic historically known to occupy. Our distribution of both the species and the The purple lilliput is a suspension- projections of purple lilliput viability threats that the species faces to identify feeder that filters water and nutrients to into the foreseeable future (i.e., any portions of the range where the eat. Its diet consists of a mixture of approximately 20 to 30 years, which species is endangered or threatened. algae, bacteria, detritus, and takes into account available climate We found two areas (Great Lakes and microscopic animals (Gatenby et al. modeling projections that inform future Cumberland River basins) where there 1996, p. 606; Strayer et al. 2004, p. 430). conditions) suggest that between 10 and may be a concentration of threats acting It has also been surmised that dissolved 30 populations have a high risk of on the species such that the species in organic matter may be a significant extirpation, or could become these portions of the range may be source of nutrition (Strayer et al. 2004, functionally extirpated. However, the endangered or threatened, but we did p. 431). For their first several months, purple lilliput is expected to maintain not find that these areas constituted juvenile mussels ingest food through resilient populations (i.e., able to significant portions of the species’ their foot and are thus deposit feeders, withstand stochastic events arising from range. Accordingly, we found that the although they may also filter interstitial random factors) across the six major purple lilliput is not in danger of pore water and soft sediments (Yeager et river basins in which it historically and extinction now and is not likely to al. 1994, p. 221; Haag 2012, p. 26). Due currently occurs. In other words, we become so within the foreseeable future to the mechanisms by which food and estimate between 116 and 136 in any significant portion of its range. nutrients are taken in, freshwater populations would continue to be This is consistent with the courts’ mussels collect and absorb toxins resilient (or between 79 and 93 percent holdings in Desert Survivors v. (Service 2020a, pp. 54–57). of the currently known populations) Department of the Interior, No. 16–cv– The purple lilliput has a complex life into the future. Additionally, we note 01165–JCS, 2018 WL 4053447 (N.D. Cal. cycle that relies on fish hosts for that the species’ host fish has a broad Aug. 24, 2018), and Center for Biological successful reproduction, similar to other range, and the purple lilliput has the Diversity v. Jewell, 248 F. Supp. 3d, 946, mussels (Service 2020a, pp. 23–25, 29). capability to adapt to lentic habitats in 959 (D. Ariz. 2017). certain situations, which is a life-history This complex life history involves an Determination of Status trait that suggests it may be less obligate parasitic larval life stage, called susceptible to some potential habitat Our review of the best available glochidia, which are wholly dependent changes. Thus, after assessing the best scientific and commercial information on host fish, including the longear available information, we determine indicates that the purple lilliput does sunfish (Lepomis megalotis) and green that the purple lilliput is not in danger not meet the definition of an sunfish (L. cyanellus) (Hill 1986, p. 5). of extinction now or likely to become so endangered species or a threatened Additional resource needs of the in the foreseeable future throughout all species in accordance with sections 3(6) purple lilliput include appropriate of its range. and 3(20) of the Act. Therefore, we find water quality and temperatures, and that listing the purple lilliput is not connectivity of aquatic habitat that Status Throughout a Significant Portion warranted at this time. A detailed facilitates dispersal and an abundance of Its Range discussion of the basis for this finding of multiple age classes to ensure Under the Act and our implementing can be found in the purple lilliput recruitment. regulations, a species may warrant species assessment form, and other

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supporting documents, such as the adults are light brown in color, North Carolina, Ohio, Pennsylvania, accompanying SSA report (Service darkening with age. The shell is thick Tennessee, Virginia, and West Virginia 2020a, entire) (see http:// and medium-sized (up to 5 inches (in) (Service 2018, Appendix A; Figure 1, www.regulations.gov under docket (125 millimeters (mm)), and typically below). It is considered extirpated from number FWS–R4–ES–2020–0010). has a dull sheen (Williams et al. 2008, Georgia, Indiana, and Illinois. p. 322). There is variability in the Additionally, it is classified as an II. Proposed Listing Determination for inflation of the shell depending on endangered species by the State of Ohio, Longsolid and Round Hickorynut population and latitudinal location and considered to have various levels of Background (Ortmann 1920, p. 272; Watters et al. concern, imperilment, or vulnerability 2009, p. 130). (see Table 1–1 in the SSA report) by the The longsolid (Fusconaia subrotunda) The longsolid is currently found in States of Alabama, Kentucky, North is a freshwater river mussel belonging to the Ohio, Cumberland, and Tennessee Carolina, Pennsylvania, Tennessee, the Unionidae family, also known as the River basins, overlapping within the Virginia, and West Virginia. naiads and pearly mussels. Longsolid States of Alabama, Kentucky, New York, BILLING CODE 4333–15–P

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BILLING CODE 4333–15–C Unionidae family of naiads and pearly mussels are greenish-olive to dark or Similar to the longsolid, the round mussels. Round hickorynut adult chestnut brown, sometimes blackish in hickorynut also belongs to the

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older individuals, and may have a Within the United States, the round Alabama, Indiana, Kentucky, Michigan, yellowish band dorsally (Parmalee and hickorynut is currently found in the Pennsylvania, Tennessee, Virginia, and Bogan 1998, p. 168). Inflation of the Great Lakes, Ohio, Cumberland, West Virginia. The round hickorynut shell is variable depending on Tennessee, and Lower Mississippi River also occurs within the Canadian population and latitudinal location basins, overlapping within the States of Province of Ontario, where it was listed (Ortmann 1920, p. 272; Williams et al. Alabama, Indiana, Kentucky, Michigan, as an endangered species in 2005, due 2008, p. 474). The shell is thick, solid, Mississippi, Ohio, Pennsylvania, to the loss of and significant declines in and up to 3 in (75 mm) in length, but Tennessee, and West Virginia (Service populations (Committee on the Status of usually is less than 2.4 in. (60 mm) 2019, Appendix A; Figure 2, below). It Species at Risk in Ontario 2013, p. 4); (Williams et al. 2008, p. 473; Watters et is considered extirpated from Georgia, a single remaining population (showing al. 2009, p. 209). A distinctive Illinois, and New York. Additionally, it no recruitment (Morris 2018, pers. characteristic is that the shell is round has State-level conservation status, comm.)) occurs in Lake St. Clair and the in shape, nearly circular, and the umbo ranging across various levels of concern, (the raised portion of the dorsal margin imperilment, or vulnerability (see Table East Sydenham River. of a shell) is centrally located. 1–1 in the SSA report), in the States of BILLING CODE 4333–15–P

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BILLING CODE 4333–15–C status of the longsolid and round SSA reports (Service 2018, pp. 14, 15, Thorough reviews of the taxonomy, hickorynut are presented in detail in the 22–30; Service 2019, pp. 14, 15, 22–29). life history, ecology and State listing

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Regulatory and Analytical Framework individual, population, and species further application of standards within level. We evaluate each threat and its the Act and its implementing Regulatory Framework expected effects on the species, then regulations and policies. The following Section 4 of the Act (16 U.S.C. 1533) analyze the cumulative effect of all of is a summary of the key results and and its implementing regulations (50 the threats on the species as a whole. conclusions from the SSA reports for CFR part 424) set forth the procedures We also consider the cumulative effect the longsolid and round hickorynut; the for determining whether a species is an of the threats in light of those actions full SSA reports can be found in docket ‘‘endangered species’’ or a ‘‘threatened and conditions that will have positive number FWS–R4–ES–2020–0010 on species.’’ The Act defines an effects on the species, such as any http://www.regulations.gov, and on our ‘‘endangered species’’ as a species that existing regulatory mechanisms or internet site https://www.fws.gov/ is in danger of extinction throughout all conservation efforts. The Secretary Asheville/. or a significant portion of its range, and determines whether the species meets To assess the longsolid’s and round a ‘‘threatened species’’ as a species that the definition of an ‘‘endangered hickorynut’s viability, we used the three is likely to become an endangered species’’ or a ‘‘threatened species’’ only conservation biology principles of species within the foreseeable future after conducting this cumulative resiliency, redundancy, and throughout all or a significant portion of analysis and describing the expected representation (Shaffer and Stein 2000, its range. The Act requires that we effect on the species now and in the pp. 306–310). Briefly, resiliency determine whether any species is an foreseeable future. supports the ability of the species to ‘‘endangered species’’ or a ‘‘threatened The Act does not define the term withstand environmental and species’’ because of any of the following ‘‘foreseeable future,’’ which appears in demographic stochasticity (for example, factors: the statutory definition of ‘‘threatened wet or dry, warm or cold years), (A) The present or threatened species.’’ Our implementing regulations redundancy supports the ability of the destruction, modification, or at 50 CFR 424.11(d) set forth a species to withstand catastrophic events curtailment of its habitat or range; framework for evaluating the foreseeable (for example, droughts, large pollution (B) Overutilization for commercial, future on a case-by-case basis. The term events), and representation supports the recreational, scientific, or educational ‘‘foreseeable future’’ extends only so far ability of the species to adapt over time purposes; into the future as the Services can to long-term changes in the environment (C) Disease or predation; reasonably determine that both the (D) The inadequacy of existing (for example, climate changes). In future threats and the species’ responses general, the more resilient and regulatory mechanisms; or to those threats are likely. In other redundant a species is and the more (E) Other natural or manmade factors words, the foreseeable future is the representation it has, the more likely it affecting its continued existence. period of time in which we can make is to sustain populations over time, even These factors represent broad reliable predictions. ‘‘Reliable’’ does not under changing environmental categories of natural or human-caused mean ‘‘certain’’; it means sufficient to conditions. Using these principles, we actions or conditions that could have an provide a reasonable degree of identified the species’ ecological effect on a species’ continued existence. confidence in the prediction. Thus, a requirements for survival and In evaluating these actions and prediction is reliable if it is reasonable reproduction at the individual, conditions, we look for those that may to depend on it when making decisions. have a negative effect on individuals of It is not always possible or necessary population, and species levels, and the species, as well as other actions or to define foreseeable future as a described the beneficial and risk factors conditions that may ameliorate any particular number of years. Analysis of influencing the species’ viability. negative effects or may have positive the foreseeable future uses the best The SSA process can be categorized effects. scientific and commercial data available into three sequential stages. During the We use the term ‘‘threat’’ to refer in and should consider the timeframes first stage, we evaluated the individual general to actions or conditions that are applicable to the relevant threats and to species’ life-history needs. The next known to or are reasonably likely to the species’ likely responses to those stage involved an assessment of the negatively affect individuals of a threats in view of its life-history historical and current condition of the species. The term ‘‘threat’’ includes characteristics. Data that are typically species’ demographics and habitat actions or conditions that have a direct relevant to assessing the species’ characteristics, including an impact on individuals (direct impacts), biological response include species- explanation of how the species arrived as well as those that affect individuals specific factors such as lifespan, at its current condition. The final stage through alteration of their habitat or reproductive rates or productivity, of the SSA involved making predictions required resources (stressors). The term certain behaviors, and other about the species’ responses to positive ‘‘threat’’ may encompass—either demographic factors. and negative environmental and together or separately—the source of the anthropogenic influences. Throughout action or condition or the action or Analytical Framework all of these stages, we used the best condition itself. The SSA reports document the results available information to characterize However, the mere identification of of our comprehensive biological review viability as the ability of a species to any threat(s) does not necessarily mean of the best scientific and commercial sustain populations in the wild over that the species meets the statutory data regarding the status of both species, time. We use this information to inform definition of an ‘‘endangered species’’ or including an assessment of potential our regulatory decision. a ‘‘threatened species.’’ In determining threats to the species. The SSA reports Summary of Biological Status and whether a species meets either do not represent a decision by the Threats definition, we must evaluate all Service on whether either species identified threats by considering the should be proposed for listing as an In this discussion, we review the expected response by the species, and endangered or threatened species under biological condition of the longsolid and the effects of the threats—in light of the Act. They do, however, provide the round hickorynut, their resources, and those actions and conditions that will scientific basis that informs our the threats that influence both species’ ameliorate the threats—on an regulatory decisions, which involve the current and future condition, in order to

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assess each species’ overall viability and • Connectivity among populations. fragmented primarily by dams, we the risks to that viability. Although the species’ capability to identified separate populations for each disperse is evident through historical hydrologic unit code (HUC) (Seaber et Species Needs occurrence of a wide range of rivers and al. 1987, entire; U.S. Geological Survey We assessed the best available streams, the fragmentation of 2018, entire) at the fourth of 12 levels information to identify the physical and populations by small and large (i.e., HUC–8 watershed). The HUC–8 biological needs to support individual impoundments has resulted in isolation watersheds are analogous to medium- fitness at all life stages for the longsolid and only patches of what once was sized river basins across the United and round hickorynut. Full descriptions occupied contiguous river and stream States. Our analysis describes of all needs are available in chapter 4 of habitat. Genetic exchange occurs conditions relevant to longsolid and the SSA reports (Service 2018, pp. 25– between and among mussel beds via round hickorynut populations and the 30; Service 2019, pp. 30–36), which can sperm drift, host fish movement, and overarching HUC–8 watersheds, be found in docket number FWS–R4– movement of mussels during high flow identified herein as a ‘‘management ES–2020–0010 on http:// events. For genetic exchange to occur, unit.’’ A management unit could harbor www.regulations.gov, and on our connectivity must be maintained. Most one or more populations. See chapter 2 internet site https://www.fws.gov/ freshwater mussels, including the in the SSA reports for further Asheville/. Based upon the best longsolid and round hickorynut, are explanation of the analysis methodology available scientific and commercial found in mussel beds that vary in size (Service 2018, pp. 15–19; Service 2019, information, and acknowledging and are often separated by stream pp. 17–22). existing ecological uncertainties (see reaches in which mussels are absent or Longsolid section 4.3 in the SSA reports), the rare (Vaughn 2012, p. 983). The species resource and demographic needs for is often a component of a large healthy The longsolid’s current range extends both the longsolid and round mussel assemblage within optimal over nine States, including New York, hickorynut are characterized as: mussel habitats; therefore, the beds in Pennsylvania, West Virginia, Ohio, • Clean, flowing water with which they occur are necessary for the Kentucky, Virginia, Tennessee, North appropriate water quality and temperate species to be resilient over time. Carolina, and Alabama; the species is conditions, such as (but not limited to) now considered extirpated in Georgia, dissolved oxygen above 2 to 3 parts per Current Conditions Illinois, and Indiana. This range million (ppm), ammonia generally Current (and future) conditions are encompasses three major river basins below 0.5 ppm total ammonia-nitrogen, described using categories that estimate (the Ohio, Cumberland, and Tennessee temperatures generally below 86 degrees the overall condition (resiliency) of the basins); the species now no longer exists Fahrenheit (°F) (30 degrees Celsius (°C)), longsolid and round hickorynut mussel in the Great Lakes basin (loss of six and (ideally) an absence of excessive populations. These categories include: historical populations and four total suspended solids and other • High—Resilient populations with management units). In addition, its pollutants. evidence of recruitment and multiple representation in the Cumberland River • Natural flow regimes that vary with age classes represented. They are likely basin is currently within a single respect to timing, magnitude, duration, to maintain viability and connectivity population and management unit (loss and frequency of river discharge events. among populations, and populations are of nine historical populations and eight • Predominantly silt-free, stable sand, not linearly distributed (i.e., occur in management units). Overall, the gravel, and cobble substrates. tributary streams within a management longsolid is presumed extirpated from • Suspended food and nutrients in unit). Populations are expected to 63 percent (102 of 162 populations) of the water column including (but not persist in 20 to 30 years and beyond, its historically occupied populations, limited to) phytoplankton, zooplankton, and withstand stochastic events. including 6 populations (the entirety) in protozoans, detritus, and dissolved (Thriving; capable of expanding range.) the Great Lakes basin, 65 populations in organic matter. • Medium—Spatially restricted the Ohio River basin, 9 populations in • Availability of sufficient host fish populations with limited levels of the Cumberland River basin, and 26 numbers to provide for glochidia recruitment or age class structure. populations in the Tennessee River infestation and dispersal. Host fish Resiliency is less than under high basin (see Appendix B in the SSA report species for the longsolid include (but conditions, but the majority of (Service 2018, pp. 131–154)). Of the may not be limited to): Minnows of the populations (approximately 75 percent) current populations, 3 (5 percent) are family Cyprinidae and stonerollers are expected to persist beyond 20 to 30 estimated to be highly resilient, 9 (15 (genera Campostoma sp.), satinfin years. (Stable; not necessarily thriving or percent) are estimated to be moderately shiners (Cyprinella sp.), eastern shiners expanding its range.) resilient, and 48 (80 percent) are (Notropis sp.), and highscale shiners • Low—Small and highly restricted estimated to have low resiliency. (Luxilus sp.), as well as potentially populations, with no evidence of recent The longsolid was once a common, freshwater sculpins of the genus Cottus. recruitment or age class structure, and occasionally abundant component of the Host fish species documented for the limited detectability. These populations mussel assemblage in rivers and streams round hickorynut include the banded have low resiliency, are not likely to where it is now extirpated. Examples sculpin (Cottus carolinae), eastern sand withstand stochastic events, and include the Beaver River, Pennsylvania darter (Ammocrypta pellucida), emerald potentially will no longer persist in 20 (Ortmann 1920, p. 276); Ohio River, darter (Etheostoma baileyi), greenside to 30 years. Populations are linearly Pennsylvania (Tolin 1987, p. 11); darter (Etheostoma blennioides), Iowa distributed within a management unit. Mahoning River, Pennsylvania darter (Etheostoma exile), fantail darter (Surviving and observable, but (Ortmann 1920 p. 276); Wabash River, (Etheostoma flabellare), Cumberland population likely declining.) Indiana/Illinois (Cummings et al. 1992, darter (Etheostoma gore), spangled Given the longsolid’s and round p. 46); Nolin River, Kentucky (Taylor darter (Etheostoma obama), variegate hickorynut’s ranges include lengthy 1983a, p. 111); and the South Fork darter (Etheostoma variatum), blackside rivers, such as the Ohio, Allegheny, Holston River, Virginia/Tennessee darter (Percina maculata), and Cumberland, and Tennessee Rivers, all (Parmalee and Pohemus 2004, p. 234). frecklebelly darter (Percina stictogaster). of which include populations Significant declines of the longsolid

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have been observed and documented in possible that there are populations that Kentucky (Neel and Allen 1964, p. 442); the Ohio and Cumberland Rivers, and in have gone undetected. However, the Stones River, Tennessee (Ohio State the Muskingum River system, which majority of the species’ range has been University, Marion records); and Red harbors the last remaining populations relatively well-surveyed for freshwater River, Tennessee/Kentucky (Ohio State (Muskingum, Tuscarawas, and mussel communities, and the likelihood University, Marion records). Walhonding) in Ohio (Neel and Allen is small that there are substantial or 1964, p. 434; Watters and Dunn 1993– stronghold populations that are Threats Analysis 94, p. 252; Watters et al. 2009, p. 131; undetected. Patterns of population The following discussions include Haag and Cicerello 2016, p. 139). extirpation and declines are pronounced evaluations of three threats and particularly in the Ohio River basin, associated sources that are affecting the Round Hickorynut which appears to be the basin most longsolid and round hickorynut, and The current range of the round important for redundancy and their habitats: (1) Habitat degradation or hickorynut extends over nine States, representation for the species, due to its loss, (2) invasive and nonnative species, including Alabama, Indiana, Kentucky, documented historical distribution and and (3) negative effects associated with Michigan, Mississippi, Ohio, remaining concentration of populations small population size (Service 2018 and Pennsylvania, Tennessee, and West within the basin. 2019, chapter 6). We note that potential Virginia; the species is now considered Populations of the round hickorynut impacts associated with overutilization extirpated in Georgia, Illinois, and New have been apparently lost from entire were evaluated, but we found no York. This range encompasses five watersheds and management units in evidence of current effects on the major river basins (Great Lakes, Ohio which the species once occupied species’ viability (noting historical River, Cumberland River, Tennessee multiple tributaries, such as the effects from harvest on the longsolid River, and Lower Mississippi River). Allegheny, Coal, Little Scioto, Miami, that no longer occur). In addition, Round hickorynut representation in the and Vermilion River management units potential impacts from disease, Cumberland River basin is restricted to in the Ohio River basin. The State of parasites, and predation, as well as two linear populations within two Ohio, for example, has lost 53 potential impacts to host species, were management units, while it exists in the populations of round hickorynut, along evaluated but were found to have Lower Mississippi River basin in a with 19 management units (Watters et minimal effects on viability of either single population. Therefore, while the al. 2009, p. 210). The species is also species based on current knowledge species currently maintains critically imperiled in Canada, and as a (Service 2018, pp. 70, 73–74; Service representation from historical result, the future of the species in 2019, pp. 91–95). Finally, we also conditions, it is at immediate risk of Canada may be reliant on hatchery- considered effects associated with losing 40 percent (2 of 5 basins) of its supported activities or augmentation enigmatic population declines, which representation due to these small, activities coordinated with the United have been documented in fresh water isolated populations under a high States. river mussel populations since the degree of threats that have resulted from Precipitous declines and extirpations 1960s; despite speculation and repeated habitat loss and water quality of round hickorynut populations have aquatic organism surveys and water degradation. been documented in the Great Lakes, quality monitoring, the causes of these Overall, the round hickorynut has lost Ohio, Cumberland, Tennessee, and events are unknown (Haag 2019, p. 43). an approximate 232 of 297 known Lower Mississippi basins. These In some cases, the instream habitat often populations (78 percent), and 104 of 138 declines and extirpations are exhibited remains basically intact and continues management units (75 percent). This in museum collections and reported in to support other aquatic organisms such includes 25 populations in the Great published literature accounts of the as fish and crayfish. Full descriptions of Lakes basin, 150 populations in the species (see Appendix D in the SSA each of the threats and their sources, Ohio River basin, 23 populations in the report (Service 2019, pp. 214–238)). including specific examples across the Cumberland River basin, 29 populations While this documentation could be a species’ range where threats are in the Tennessee River basin, and 9 result of more intensive survey effort in impacting the species or its habitat, are populations in the Lower Mississippi the core of the species’ distribution, available in chapter 6 and Appendix A River basin (see Appendix B in the SSA regardless, the extirpation of formerly of the SSA reports (Service 2018, pp. report (Service 2019, pp. 191–212)). Of abundant and extensive populations is a 43–76, 134–157; Service 2019, pp. 58– the current populations, 4 (6 percent) cautionary note for current and future 96, 169–187). are estimated to be highly resilient, 16 condition projections, and has been (23 percent) are estimated to be most pronounced in the Ohio and Habitat Degradation or Loss moderately resilient, and 45 (69 percent) Cumberland basins. are estimated to have low resiliency. Examples of rivers where the round Development/Urbanization The round hickorynut was once a hickorynut is extirpated within these Development and urbanization much more common, occasionally basins include: Crooked Creek, activities that may contribute to abundant, component of the mussel Pennsylvania (Ortmann 1913, p. 298); longsolid and round hickorynut habitat assemblage in rivers and streams across West Branch Mahoning River, Ohio degradation and loss, including reduced much of the eastern United States. (Swart 1940, p. 42); Coal River, West water quality, occur throughout the Population extirpations have been Virginia (Carnegie Museum and species’ range. The term ‘‘development’’ extensive and widespread within every University of Michigan Museum of refers to urbanization of the landscape, major river basin where the round Zoology records); Olentangy River, Ohio including (but not limited to) land hickorynut is found. Surveys (Stein 1963, p. 109); Alum Creek, Ohio conversion for residential, commercial, throughout eastern North America have (Ohio State University, Marion records); and industrial uses and the not targeted the round hickorynut Blaine Creek, Kentucky (Bay and accompanying infrastructure. The specifically, and as a result, there could Winford 1984, p. 19); Embarras River, effects of urbanization may include have been additional population losses Illinois (Parmalee 1967, p. 80); Big alterations to water quality, water or declines that have gone Vermilion River, Illinois (Parmalee quantity, and habitat (both in-stream undocumented. Conversely, it is 1967, p. 80); Cumberland River, and streamside) (Ren et al. 2003, p. 649;

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Wilson 2015, p. 424). Urban terrain vehicle access from the rights-of- origin, are identified as a primary threat development can lead to increased way (which destroys banks and to aquatic fauna of Big Darby Creek and variability in streamflow, typically instream habitat, and thus can lead to Killbuck Creek, Ohio (Ohio Department increasing the extent and volume of increased erosion (see also Service 2017, of the Environmental Protection Agency water entering a stream after a storm pp. 48–49)). 2004, p. 1; Ohio Department of the and decreasing the time it takes for the • Anthropogenic activities. These Environmental Protection Agency 2011, water to travel over the land before types of activities may act to lower p. 31). entering the stream (Giddings et al. water tables, making the longsolid or • Round hickorynut: Approximately 2009, p. 1). Deleterious effects on round hickorynut susceptible to 25 percent of the land use area in the streams (i.e., water collection on depressed flow levels. Water West Fork River management unit in impervious surfaces that rapidly flows withdrawals for irrigation, municipal, West Virginia is in agriculture, and has into storm drains and local streams), and industrial water supplies are an increased by as much as 9 percent in including those that may be occupied by increasing concern due to expanding recent years (U.S. Department of the longsolid and round hickorynut human populations. Water Agriculture 2010, p. 8). include: infrastructure development, including • Round hickorynut: Large-scale (1) Water Quantity: Storm drains water supply, reclamation, and mechanized agricultural practices deliver large volumes of water to wastewater treatment, results in threaten the last remaining population streams much faster than would pollution point discharges to streams. in the Lower Mississippi River basin, in naturally occur, often resulting in Concentrations of contaminants the Big Black River, where the species flooding and bank erosion that reshapes (including nitrogen, phosphorus, has already undergone range reduction the channel and causes substrate chloride, insecticides, polycyclic (Peacock and James 2002, p. 123). instability, resulting in destabilization aromatic hydrocarbons, and personal • Round hickorynut: The Duck, of bottom sediments. Increased, high- care products) increase with urban Buffalo, and Elk Rivers in Tennessee are velocity discharges can cause species development (Giddings et al. 2009, p. 2; watersheds with significant agricultural living in streams (including mussels) to Bringolf et al. 2010, p. 1,311). It is activity in their headwaters and become stressed, displaced, or killed by currently unknown whether tributaries, and are a suspected cause for fast moving water and the debris and anthropogenic effects of development mussel community declines throughout sediment carried in it. Displaced and urbanization are likely to impact those rivers (Reed 2014, p. 4). individuals may be left stranded out of the longsolid or round hickorynut at the Transportation the water once floodwaters recede. individual or population level. (2) Water Quality: Pollutants (e.g., However, secondary impacts such as the Transportation-related impacts include both road development and gasoline, oil drips, fertilizers) that increased likelihood of potential river navigation. By its nature, road accumulate on impervious surfaces may contaminant introduction, stream development increases impervious be washed directly into streams during disturbance caused by impervious surfaces as well as land clearing and storm events. Contaminants contained surfaces, barrier construction, and forest habitat fragmentation. Roads are in point and non-point source conversion are likely to act generally associated with negative discharges degrade water and substrate cumulatively on longsolid and round effects on the biotic integrity of aquatic quality, and can result in reduced hickorynut populations. survival, growth, and reproduction of Agricultural activities are pervasive ecosystems, including changes in mussels. across the range of the longsolid and surface water temperatures and patterns (3) Water Temperature: During warm round hickorynut. Examples include of runoff, changes in sedimentation weather, rain that falls on impervious (but are not limited to): levels, and increased heavy metals surfaces becomes superheated and can • Longsolid: Agricultural erosion is (especially lead), salts, organics, and stress or kill freshwater species when it listed among the factors affecting the nutrients to stream systems (Trombulak enters streams. Clinch and Powell Rivers (Ahlstedt et and Frissell 2000, p. 18). The adding of Other development-related impacts to al. 2016, p. 8). salts through road de-icing results in the longsolid and round hickorynut, or • Longsolid: Sedimentation and other high salinity runoff, which is toxic to their habitat, may occur as a result of: non-point source pollution, primarily of freshwater mussels. In addition, a major • Water infrastructure. This includes agricultural origin, are identified as a impact of road development is water supply, reclamation, and primary threat to aquatic fauna of the improperly constructed culverts at wastewater treatment, which results in Nolichucky River (The Tennessee stream crossings, which can act as pollution point discharges to streams. Valley Authority (TVA) 2006, p. 11). barriers if flow through the culvert Concentrations of contaminants • Longsolid: Agricultural impacts varies significantly from the rest of the (including nitrogen, phosphorus, have been noted to take a toll on mussel stream, or if the culvert ends up chloride, insecticides, polycyclic fauna in the Goose Creek watershed on becoming perched (i.e., sitting above the aromatic hydrocarbons, and personal the South Fork Kentucky River (Evans downstream streambed), and fishes that care products) increase with urban 2010, p. 15). serve as mussel hosts cannot pass development (Giddings et al. 2009, p. 2; • Longsolid and round hickorynut: through them. Bringolf et al. 2010, p. 1,311). The Elk River in Tennessee is a With regard to river navigation, • Utility crossings and right-of-way watershed with significant agricultural dredging and channelization activities maintenance. Direct impacts from utility activity (Woodside et al. 2004, p. 10). (as a means of maintaining waterways) crossings include direct exposure or • Round hickorynut: Water have altered riverine habitats crushing of individuals, sedimentation, withdrawals for irrigation for nationwide (Ebert 1993, p. 157). and habitat disturbance. The greatest agricultural uses have increased Channelization affects many physical cumulative impact involves cleared recently in the Tippecanoe River (Fisher characteristics of streams through rights-of-way that result in direct runoff 2019, pers. comm.) accelerated erosion, increased bed load, and increased stream temperature at the • Round hickorynut: Sedimentation reduced depth, decreased habitat crossing location, and potentially and other point and non-point source diversity, geomorphic instability, and promote maintenance utility and all- pollution, primarily of agricultural riparian canopy loss (Hartfield 1993, p.

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139). All of these impacts contribute to populations in the Tennessee River these metals can stay bound in loss of habitat for the longsolid and main stem above Kentucky Dam. sediments, affecting recruitment and round hickorynut, and alter habitats for • Although most prevalent on the densities of the mussel fauna for host fish. Changes in both the water mainstem Ohio and Tennessee Rivers, decades (Price et al. 2014, p. 12; Zipper velocity and deposition of sediments commerce and commercial navigation et al. 2014, p. 9). not only alters physical habitat, but the currently affect round hickorynut Examples of contaminant-related associated increases in turbulence, populations in the Black and impacts across the range of longsolid suspended sediment, and turbidity Muskingum Rivers. and/or round hickorynut include (but are not limited to): affect mussel feeding and respiration Contaminants (Aldridge et al. 1987, p. 25). The scope • Contaminants have affected mussel of channel maintenance activities over Contaminants contained in point and glochidia on the Clinch River, which is extensive areas alters physical habitat non-point discharges can degrade water a stronghold population for the and degrades water quality. In addition and substrate quality and adversely longsolid (Goudreau et al. 1993, p. 221; to dredging and channel maintenance, impact mussel populations. Although Jacobson et al. 1997, p. 2,386; Valenti et impacts associated with barge traffic, chemical spills and other point sources al. 2005, p. 1,243); round hickorynut is which includes construction of fleeting of contaminants may directly result in now considered extirpated in the areas, mooring cells, docking facilities, mussel mortality, widespread decreases Tennessee section of the river. and propeller wash, also destroy and in density and diversity may result in • The toxic effects of high salinity disrupt mussel habitat (see Miller et al. part from the subtle, pervasive effects of wastewater from oil and natural gas (1989, pp. 48–49) as an example for chronic, low-level contamination drilling on juvenile and adult freshwater disturbance from barges). (Naimo 1995, p. 354). The effects of mussels were observed in the Allegheny Transportation-related impacts across heavy metals, ammonia, and other River, Pennsylvania, and in the Ohio the range of the longsolid and round contaminants on freshwater mussels River basin (Patnode et al. 2015, p. 55). hickorynut include (but are not limited were reviewed by Mellinger (1972), • Numerous streams throughout both to) the following examples: Fuller (1974), Havlik and Marking species’ ranges have experienced mussel • Channelization and dredging— (1987), Naimo (1995), Keller and Lydy and fish kills from toxic chemical spills, Longsolid populations in the Eel, (1997), and Newton et al. (2003). such as Fish Creek in Indiana for the Vermilion, and Embarras Rivers and The effects of contaminants such as round hickorynut (Sparks et al. 1999, p. Killbuck Creek are extirpated. Round metals, chlorine, and ammonia are 12), and the upper Tennessee River hickorynut populations in the profound on juvenile mussels system in Virginia for the longsolid Vermilion and Embarras Rivers are (Augspurger et al. 2003, p. 2,571; (Ahlstedt et al. 2016, p. 8; Neves 1987, extirpated, while populations in the Eel Bartsch et al. 2003, p. 2,566). Juvenile p. 9; Jones et al. 2001, p. 20; Schmerfeld and Killbuck Creek management units mussels may readily ingest 2006, p. 12). Also in the Tennessee are in low condition; these streams have contaminants adsorbed to sediment River basin, high counts of coliform been extensively dredged and particles while pedal feeding (Newton bacteria originating from wastewater channelized (Butler 2007, p. 63; and Cope 2007, p. 276). These treatment plants have been documented, Appendix B). Additionally, dredging is contaminants also affect mussel contributing to degradation of water identified by Taylor (1983b, p. 3) as the glochidia, which are sensitive to some quality being a primary threat to aquatic primary cause for suitable habitat loss in toxicants (Goudreau et al. 1993, p. 221; fauna (Neves and Angermeier 1990, p. the Kanawha River (below river mile 79) Jacobson et al. 1997, p. 2,386; Valenti et 50). in West Virginia. al. 2005, p. 1,243). • Heavy metals and their toxicity to • Barge traffic, which includes Mussels are noticeably intolerant of mussels have been documented in the construction of fleeting areas, mooring heavy metals (Havlik and Marking 1987, Great Lakes, Clinton, Muskingum, Ohio, cells, docking facilities, and propeller p. 4). Even at low levels, certain heavy Fox, Powell, Clinch, and Tennessee wash, destroys and disrupts mussel metals may inhibit glochidial Rivers where one or both of these habitat, currently affecting at least 15 attachment to fish hosts. Cadmium species occur (Havlik and Marking (25 percent) of the longsolid appears to be the heavy metal most toxic 1987, pp. 4–9; van Hees et al. 2010, p. populations in the Ohio, Cumberland, to mussels (Havlik and Marking 1987, 606). Coal plants are also located on the and Tennessee River basins (Hubbs et pp. 4–9), although chromium, copper, Kanawha, Green, and Cumberland al. 2006, p. 169; Hubbs 2012, p. 3; Smith mercury, and zinc also negatively affect Rivers, and the effects of these facilities and Meyer 2010, p. 555; Sickel and biological processes (Naimo 1995, p. on water quality and the freshwater Burnett 2005, p. 7; Taylor 1983b, p. 5). 355; Jacobson et al. 1997, p. 2,389; mussel fauna, including the longsolid All six of the Ohio River mainstem Valenti et al. 2005, p. 1,243). Chronic and round hickorynut, are likely longsolid populations that are mercury contamination from a chemical similar. considered in low condition are affected plant on the North Fork Holston River, The degradation of water quality as a by channel maintenance and navigation Virginia, destroyed a diverse mussel result of land-based oil and gas drilling operations; at least five (8 percent) of fauna downstream of Saltville, Virginia, activities is a significant adverse effect the round hickorynut populations in the and potentially contributed to the on freshwater mussels, and specifically Ohio basin are affected. extirpation of the longsolid from that on longsolid in the Ohio River basin and • Channel maintenance and river (Brown et al. 2005, p. 1,459). An populations in the Allegheny River, as navigation are affecting the low example of long-term declines and well as the in Kanawha, Little Kanawha, condition populations in the lower extirpation of mussels attributed to and Elk Rivers. Allegheny and Tennessee Rivers due to copper and zinc contamination their clustered distribution and originating from wastewater discharges Agricultural Activities proximity to locks and dams. For the at electric power plants includes the The advent of intensive row crop longsolid, these include two Allegheny Clinch River in Virginia (a portion of agricultural practices has been cited as River populations below Redbank, which the longsolid currently occupies) a potential factor in freshwater mussel Pennsylvania (Smith and Meyer 2010, p. (Zipper et al. 2014, p. 9). This highlights decline and species extirpation in the 556), and three low condition that, despite localized improvements, eastern United States (Peacock et al.

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2005, p. 550). Nutrient enrichment and low condition longsolid populations example, if a culvert sits above the water withdrawals, which are threats within these basins, including: streambed, aquatic organisms cannot commonly associated with agricultural • Longsolid only: French Creek and pass through it. These barriers fragment activities, are most likely to affect Allegheny River (Pennsylvania), Hughes habitats along a stream course and individual longsolid and round River (West Virginia), Tuscawaras River contribute to genetic isolation of the hickorynut mussels, although in some (Ohio), Rolling Fork River (Kentucky), aquatic species inhabiting the streams. instances may be localized and limited Little River and Valley River (North Whether constructed for purposes in scope. However, chemical control Carolina), Nolichucky River such as flood control, navigation, using pesticides, including herbicides, (Tennessee), Clinch and Powell Rivers hydropower, water supply or multi- fungicides, insecticides, and their (Tennessee and Virginia), and Estill purpose uses, the construction and surfactants and adjuvants, are highly Fork (Alabama). continued operation of dams (per • toxic to juvenile and adult freshwater Round hickorynut only: Pine, Belle, existing licensing schedules) is a and Black Rivers (Michigan). pervasive negative influence on the mussels (Bringolf et al. 2007, p. 2,092). • Waste from confined animal feeding and Both species: Shenango River longsolid, round hickorynut, and their commercial livestock operations is (Pennsylvania); Elk, Little Kanawha, habitats throughout their ranges. another potential source of and North Fork Hughes Rivers (West Although there are recent efforts to contaminants that comes from Virginia); Licking and Kentucky Rivers remove older, failing dams within the agricultural runoff. The concentrations (Kentucky); Elk and Buffalo Rivers ranges of the longsolid and round of these contaminants that emanate from (Tennessee); and Paint Rock River hickorynut, such as Lock and Dam 6 on fields or pastures may be at levels that (Alabama). the Green River, and current plans to can affect an entire population, Dams and Barriers remove others, such as Six Mile Dam on especially given the highly fragmented the Walhonding River, dams and their The effects of impoundments and effects on longsolid and round distributions of the longsolid and round barriers on aquatic habitats and hickorynut (also see Contaminants, hickorynut population distributions freshwater mussels are relatively well- have had perhaps the greatest above). documented (Watters 2000, p. 261). Agencies such as the Natural documented negative influence on these Dams alter and disrupt connectivity, species (Hardison and Layzer 2001, p. Resources Conservation Service and and alter water quality, which affect Soil and Water Conservation Districts 79; Layzer et al. 1993, p. 68; Parmalee longsolid and round hickorynut species. and Polhemus 2004, p. 239; Smith and provide technical and financial Extinction/extirpation of North assistance to farmers and private Meyer 2010, p. 543; Hubbs 2012, p. 8; American freshwater mussels can be Watters and Flaute 2010, p. 2). landowners. Additionally, county traced to impoundment and inundation Over 20 of the rivers and streams resource development councils and of riffle habitats in all major river basins currently occupied by the longsolid are university agricultural extension of the central and eastern United States directly affected by dams, thus directly services disseminate information on the (Haag 2009, p. 107). Humans have influencing the species’ distribution importance of minimizing land use constructed dams for a variety of rangewide. For the round hickorynut, impacts, specifically agriculture, on reasons: flood prevention, water storage, all occupied rivers and streams are aquatic resources. These programs help electricity generation, irrigation, directly or indirectly affected by dams. identify opportunities for conservation recreation, and navigation (Eissa and See section 6.1.5 of the SSA reports for through projects such as exclusion Zaki 2011, p. 253). Dams, either natural specific areas where dams and other fencing and alternate water supply (by beavers or by aggregations of woody impoundments occur within the range sources, which help decrease nutrient debris) or manmade, have many impacts of the species (Service 2018, pp. 59–63; inputs and water withdrawals, and help on stream ecosystems. Reductions in the Service 2019, pp. 73–77). keep livestock off of stream banks and diversity and abundance of mussels are Changing Climate Conditions shorelines, thus reducing erosion. primarily attributed to habitat shifts However, the overall effectiveness of caused by impoundments (Neves et al. Changing climate conditions that can these programs over a large scale is 1997, p. 63). The survival of mussels influence freshwater mussels include unknown given the longsolid’s and and their overall reproductive success increasing or decreasing water round hickorynut’s wide distribution are influenced: temperatures and precipitation patterns and varying agricultural intensities. • Upstream of dams, by the change that result in increased flooding, Given the large extent of private land from flowing to impounded waters, prolonged droughts, or reduced stream and agricultural activities within the increased depths, increased buildup of flows, as well as changes in salinity ranges of the longsolid and round sediments, decreased dissolved oxygen, levels (Nobles and Zhang 2011, pp. 147– hickorynut, the effects of agricultural and the drastic alteration in resident 148). An increase in the number of days activities that degrade water quality and fish populations. with heavy precipitation over the next result in habitat deterioration are not • Downstream of dams, by 25 to 35 years is expected across the frequently detected until after the fluctuations in flow regimes, minimal longsolid’s range (U.S. Global Climate event(s) occur. In summary, agricultural releases and scouring flows, seasonal Change Research Program 2017, p. 207). activities are pervasive across the ranges depletion of dissolved oxygen, reduced Although changing climate conditions of the longsolid and round hickorynut. or increased water temperatures, and have potentially affected the longsolid The effects of agricultural activities on changes in fish assemblages. to date, the timing, frequency, and the longsolid and round hickorynut are Additionally, improperly constructed extent of these effects is currently a factor in their historical decline and culverts at stream crossings may act as unknown. Possible impacts to the localized extirpations. barriers and have some similar negative species could include alteration of the Agricultural activities are pervasive effects as dams on stream systems. fundamental ecological processes, such across the range of the longsolid and Fluctuating flows through the culvert as thermal suitability; changes in round hickorynut. Specifically, can vary significantly from the rest of seasonal patterns of precipitation and agricultural impacts have affected and the stream, preventing fish passage and runoff, which could alter the hydrology continue to affect high, medium, and scouring downstream habitats. For of streams; and changes in the presence

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or combinations of invasive, native or (Tennessee Department of Environment implicated in mussel declines in the nonnative species. and Conservation (TDEC) 2014, p. 72). Walhonding River, Ohio, which harbors We examined information on These metals, and the high acidity a low condition population (Hoggarth anticipated climate effects to wide- typically associated with AMD, can be 1995–96, p. 150). ranging mussels, which included a acutely and chronically toxic to aquatic • Both species: Impacts from natural study that used RCP 2.6 and 8.5 and was life (Jones 1964, p. 96). gas pipelines have a high potential to conducted on the federally endangered Natural gas extraction has negatively occur in West Virginia and spectaclecase (Cumberlandia affected water quality through Pennsylvania. Tank trucks hauling such monodonta). Our analysis of the best accidental spills and discharges, as well fluids can overturn into mussel streams, available climate change information as increased sedimentation due to which recently occurred in Meathouse revealed that within the range of both increases in impervious surface and tree Fork of Middle Island Creek (Clayton the longsolid and round hickorynut, removal for drill pads and pipelines 2018, pers. comm.). shifts in the species-specific (Vidic et al. 2013, p. 6). Disposal of • Both species: Natural gas extraction physiological thresholds in response to insufficiently treated brine wastewater in the Marcellus Shale region (the altered precipitation patterns and is known to adversely affect freshwater largest natural gas field in the United resulting thermal regimes are possible. mussels (Patnode et al. 2015, p. 62). States that runs through northern Additionally, the expansion of invasive, Contaminant spills are also a concern. Appalachia) has negatively affected nonnative species because of climatic Sediment appears to be the largest water quality through accidental spills changes has the potential for long-term impact to mussel physical habitat in and discharges in populations in the detriments to the mussels and their streams as a result of gas extraction Shenango, Elk, Little Kanawha, and habitats. Other potential impacts are activities (Clayton 2018, pers. comm.). Kanawha management units. associated with changes in food web Excessive suspended sediments can • Both species: Coal mining has been dynamics and the genetic bottleneck impair feeding processes, leading to implicated in sediment and water that can occur with low effective acute short-term or chronic long-term chemistry impacts in the Kanawha River population sizes (Nobles and Zhang stress. Both excessive sedimentation in West Virginia, potentially limiting 2011, p. 148). The influences of these and excessive suspended sediments can the Elk River populations of both changes on the longsolid and round lead to reduced mussel fitness (Ellis species (Morris and Taylor 1978, p. hickorynut are possible in the future 1936, p. 29; Anderson and Kreeger 2010, 153). (see Scenario 3, Future Conditions, p. 2). This sediment is generated by • Both species: Resource extraction below). Multi-scale climate models that construction of the well pads, access and AMD have been cited as can be interpreted at both the rangewide roads, and pipelines (for both gas and contributors to the loss of mussel and population levels, and are tailored water). species in the Cumberland basin (Haag to benthic invertebrates, which Examples of the variety of resource and Cicerello 2016, p. 15), including the incorporate genetic and life-history extraction activities (coal, oil, gas, and loss of longsolid from Rockcastle and information, are needed before the gravel mining) that occur across the Caney Fork Rivers, and the loss of round longsolid and round hickorynut range of the longsolid and round hickorynut in the Caney Fork, Little declines can be correlated with climate hickorynut include (but are not limited South Fork, Big South Fork, and change. At this time, the best available to): Cumberland Rivers (Anderson et al. information indicates that climate • Longsolid: The Cumberland Plateau 1991, p. 6; Layzer and Anderson 1992, change is considered a secondary factor and Central Appalachian regions of p. 97; Warren and Haag 2005, p. 1,383). influencing the viability of the longsolid Tennessee and Kentucky (upper • Both species: In the upper Kentucky and round hickorynut and is not Cumberland River system and upper River watershed, where both species currently thought to be a primary factor Tennessee River system) continue to exhibit a lack of recruitment (and also in the longsolid’s or round hickorynut’s experience mining activity that impairs the Red River for round hickorynut), occurrence and distribution across their water quality in streams (TDEC 2014, p. historical un-reclaimed mines and ranges. 62). active coal mines are prevalent • Longsolid: High levels of copper, (Kentucky Department for Resource Extraction manganese, and zinc, metals toxic to Environmental Protection 2015, p. 66). The most intensive resource freshwater mussels, were found in extraction activities affecting the sediment samples from both the Clinch Forest Conversion longsolid, round hickorynut, and their and Powell Rivers, and mining impacts Silvicultural activities, when habitats are coal mining and oil and gas close to Big Stone Gap, Virginia, have performed according to strict forest exploration, which are summarized almost eliminated the mussel fauna in practices guidelines or best management here. Additional less intensive resource the upper Powell River. The longsolid is practices (BMPs), can retain adequate extraction activities affecting the species considered extirpated from the South conditions for aquatic ecosystems; include gravel mining/dredging, which Fork Powell River and Cane Creek, both however, when forest practices is detailed in the SSA reports (Service tributaries to the upper portion of the guidelines or BMPs are not followed, 2018, pp. 64–65; Service 2019, pp. 79– Powell River (Ahlstedt and Tuberville these activities can also cause 83). 1997, p. 75; Appendix D). measurable impacts and contribute to Activities associated with coal mining • Round hickorynut: Although the myriad of stressors facing aquatic and oil and gas drilling can contribute populations persist in the Rockcastle systems throughout the eastern United chemical pollutants to streams. Acid River and Buck Creek in the States (Warrington et al. 2017, p. 8). mine and saline drainage (AMD) is Cumberland basin, coal and gravel Both small- and large-scale forestry created from the oxidation of iron- mining continues to occur in these activities have an impact depending on sulfide minerals such as pyrite, forming watersheds. the physical, chemical, and biological sulfuric acid (Sams and Beer 2000, p. 3). • Round hickorynut: The extensive characteristics of adjacent streams This AMD may be associated with high mining of gravel in riparian zones (Allan and Castillo 2007, p. 107). concentrations of aluminum, reduces vegetative buffers and causes Clearing large areas of forested manganese, zinc, and other constituents channel instability, and has been wetlands and riparian systems

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eliminates shade once provided by tree are the Asian clam (Corbicula fluminea), Effects Associated With Small canopies, exposing streams to more zebra mussel (Dreissena polymorpha), Population Size sunlight and increasing the in-stream quagga mussel (Dreissena bugensis), Without the level of population water temperature (Wenger 1999, p. 35). black carp (Mylopharyngodon piceus), connectedness that the species The increase in stream temperature and didymo (also known as rock snot; experienced historically (i.e., without light after deforestation alters Didymosphenia geminata), and hydrilla barriers such as reservoirs), small macroinvertebrate (and other aquatic (also known as water-thyme; Hydrilla isolated populations that may now be species) richness, abundance, and verticillata). comprised predominantly of adult composition in streams to various • The Asian clam alters benthic individuals could be slowly dying out. degrees depending a species’ tolerance substrates, may filter mussel sperm or Even given the very improbable absence to temperature change and increased glochidia, competes with native species of other anthropogenic threats, these light in the aquatic system (Kishi et al. for limited resources, and causes disjunct populations could be lost 2004, p. 283; Couceiro et al. 2007, p. ammonia spikes in surrounding water simply due to the consequences of 272; Caldwell et al. 2014, p. 2,196). when they die off en masse (Scheller below-threshold effective population Sediment runoff from cleared forested 1997, p. 2). sizes. Because only 60 primarily areas is a known stressor to aquatic disjunct streams among 162 historically systems (e.g., Webster et al. 1992, p. • Dreissenid mollusks, such as the 232; Jones III et al. 1999, p. 1,455; zebra mussel and quagga mussel, occupied areas continue to harbor Broadmeadow and Nisbet 2004, p. 286; adversely affect native species through populations of the longsolid, and 65 Aust et al. 2011, p. 123). The physical direct colonization, reduction of primarily disjunct streams of 298 characteristics of stream channels are available habitat, changes in the biotic historically occupied areas continue to affected when large quantities of environment, or a reduction in food harbor populations of the round sediment are added or removed (Watters sources (MacIsaac 1996, p. 292). Zebra hickorynut, this is likely partial 2000, p. 263). Mussels and fishes are mussels are also known to alter the testimony to the principle of effective potentially affected by changes in nutrient cycle in aquatic habitats, population size and its role in suspended and bed material load, affecting other mollusks and fish species population loss. changes in bed sediment composition (Strayer 1999, p. 22). The longsolid and round hickorynut exhibit several traits that influence associated with increased sediment • Given their size and diet production and runoff, changes in population viability, including preferences, black carp have the relatively small population size and low channel formation, stream crossings, potential to restructure benthic and inadequately buffered clear-cut fecundity at many locations compared communities by direct predation and to other mussels (see Appendix A in areas, all of which can be sources of removal of algae-grazing snails. Mussel sediment entering streams (Taylor et al. Service 2018 and 2019). Small beds consisting of smaller individuals population size puts the species at 1999, p. 13). and juvenile recruits are probably most Forest conversion has occurred across greater risk of extirpation from vulnerable to being consumed by black stochastic events (e.g., drought) or the range of the longsolid and round carp (Nico et al. 2005, p. 192). hickorynut. Siltation and erosion from anthropomorphic changes and Furthermore, because black carp attain management activities that affect natural forest conversion to a large size (well over 3.28-ft (1-m) monoculture and intensive forestry habitat. In addition, small longsolid or long), and their life span is reportedly round hickorynut populations may have practices without BMPs is a well- over 15 years, they are expected to documented stressor to aquatic systems reduced genetic diversity, be less persist for many years. Therefore, they genetically fit, and be more susceptible throughout the eastern United States have the potential to cause harm to (Warrington et al. 2017, p. 8). Forest to disease during extreme native mollusks by way of predation on conversion has been documented in all environmental conditions compared to multiple age classes (Nico et al. 2005, p. basins in which these species occur. large populations (Frankham 1996, p. 77). 1,505). Invasive and Nonnative Species • The two nonnative plant species Genetic drift occurs in all species, but When a nonnative species is that are most problematic for the the lack of drift is more likely to introduced into an ecosystem, it may longsolid and round hickorynut (i.e., negatively affect populations that have a have many advantages over native impacting the species throughout their smaller effective population size species, such as easy adaptation to ranges) are hydrilla and didymo. (number of breeding individuals) and varying environments and a high Hydrilla is an aquatic plant that alters populations that are geographically tolerance of living conditions that allow stream habitat, decreases flows, and spread out and isolated from one it to thrive in its new habitat. There may contributes to sediment buildup in another. Relatively low fecundity, not be natural predators to keep the streams (National Invasive Species commonly observed in species of nonnative species in check; therefore, it Council Management Plan 2018, p. 2). Fusconaia, is another inherent factor can potentially live longer and High sedimentation can cause that could influence population reproduce more often, further reducing suffocation, reduce stream flow, and viability (Geist 2010, p. 91). Survival of the biodiversity in the system. The make it difficult for mussels’ juveniles in the wild is already low, and native species may become an easy food interactions with host fish necessary for females produce fewer offspring than source for invasive, nonnative species, development. Didymo can alter the other mussel species (Haag and Staton or the invasive species may carry habitat and change the flow dynamics of 2003, p. 2,125). Factors such as low diseases that extirpate populations of a site (Jackson et al. 2016, p. 970). effective population size, genetic native species. Invasive, nonnative Invasive plants grow uncontrolled and isolation, relatively low levels of species are pervasive across the can smother habitat, affect flow fecundity and recruitment, and limited longsolid’s and round hickorynut’s dynamics, alter water chemistry, and juvenile survival could all affect the ranges. Examples of invasive, nonnative increase water temperatures, especially ability of these species to maintain species that affect freshwater mussels in drought conditions (Colle et al. 1987, current population levels and to like the longsolid and round hickorynut p. 416). rebound if a reduction in population

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occurs (e.g., through predation, toxic environmental conditions and Longsolid releases or spills, or poor environmental conservation efforts. The future Our assessment predicts that if conditions that inhibit successful scenarios project the threats into the conditions remain the same or worsen reproduction). Additionally, based on future and consider the impacts those into the future, all 60 populations our presumption of fish hosts of the threats could have on the viability of the would experience negative changes to longsolid and the known species of fish longsolid and round hickorynut. We the species’ important habitat requisites hosts for the round hickorynut, they are apply the concepts of resiliency, (see Species Needs, above), including small-bodied fishes that have redundancy, and representation to the the loss of the single remaining comparatively limited movement future scenarios to describe possible population in the Cumberland River (Vaughn 2012, p. 6); therefore, natural future conditions of the longsolid and basin, and potentially resulting in no expansion of longsolid and round round hickorynut. The scenarios highly resilient populations (Scenario hickorynut populations is limited. described in the SSA reports represent 3). Alternatively, the scenario that Dendritic (branched) streams and only three possible future conditions for suggests additive conservation measures rivers are highly susceptible to each of the species. Uncertainty is beyond those currently implemented fragmentation and may result in inherent in any risk assessment, so we (Scenario 2) could result in the multiple habitat fragments and isolated must consider plausible conditions to continued persistence of all 60 populations of variable size (Fagan make our determinations. When 2002, p. 3,247). In contrast to populations in the future. However, we assessing the future, viability is not a note that approximately 30 of 60 (50 landscapes where multiple routes of specific state, but rather a continuous movement among patches are possible, percent) of these are currently low measure of the likelihood that the condition populations, based on either pollution or other habitat degradation at species will sustain populations over specific points in dendritic landscapes surveys that pre-date 2000 or on the time. collection of only five or fewer older, can completely isolate portions of the In the SSA reports, we considered system (Fagan 2002, p. 3,246). non-reproducing individuals. Some of three future scenarios. Scenario 1 these populations may already be Cumulative/Synergistic Effects assesses the species’ response to factors extirpated. The risks facing the Populations that have a small influencing current longsolid and round longsolid populations varied among effective population size (number of hickorynut populations and scenarios and are summarized below breeding individuals) and that are management units, assuming the current (see Table 8–1 and Table ES–1 in the geographically spread out and isolated level of impacts remain constant into SSA report). from one another are more vulnerable the future. Scenario 2 assesses the Under Scenario 1, lowered resiliency, than more robust populations. Factors species’ response when factors that representation, and redundancy are such as low effective population size, negatively influence most of the extant expected. Under this scenario, we genetic isolation, relatively low levels of populations and management units are predict that 1 population of the current fecundity and recruitment, and limited reduced by additional conservation, 3 high condition populations would juvenile survival could all affect the beyond the continued implementation remain in high condition, 8 populations ability of these species to maintain of existing regulatory measures or (13 percent) in medium condition, and current population levels and to voluntary conservation actions. 33 populations (55 percent) in low rebound if a reduction in population Scenario 3 assesses the species’ condition. Redundancy would be occurs (e.g., through predation, toxic response to worsening conditions of the reduced with likely extirpation of 18 out releases or spills, or poor environmental factors that most influence the species of 60 (30 percent) currently extant conditions that inhibit successful due to the implementation of known populations; only the Ohio River basin reproduction). Additionally, existing and projected development, (one of the three basins currently fragmentation (i.e., the breaking apart of resource extraction, hydroelectric occupied by the species) would retain habitat segments, independent of habitat projects, etc. An important assumption one highly resilient population (i.e., the loss (Fahrig 2003; p. 299)) and isolation of the predictive analysis presented Green River population in the Upper contribute to the extinction risk that herein is that future population Green management unit). mussel populations face from stochastic resiliency for each species is largely Representation would be reduced, with events (see Haag 2012, pp. 336–338). dependent on water quality, water flow, two of the three currently occupied river Impoundments result in the genetic instream habitat conditions, and basins continuing to harbor longsolid isolation of mussel populations as well condition of riparian vegetation (see populations. as fishes that act as hosts (Vaughn 2012, Species Needs, above). Under Scenario 2, we predict higher p. 6; Service 2018, pp. 59–60; Service The future conditions timeframe for levels of resiliency in some areas of the 2019, p. 74). A culvert that is perched our analysis is different for each species. longsolid’s range than was estimated for (i.e., sitting above the downstream A timeframe of 50 to 70 years into the Scenario 1; representation and streambed) or improperly maintained at future is evaluated for the longsolid, and redundancy would remain the same stream crossings can also act as barriers 20 to 30 years into the future is level as current conditions, with the (Service 2018, pp. 50–54, 59–60; Service evaluated for the round hickorynut. We species continuing to occur within all 2019, pp. 63, 90), and have similar selected these timeframes based on the currently occupied management units effects as dams on stream systems. availability of trends and threat and States across its range. Nine Fluctuating flows through a culvert can information, planning documents, and populations (15 percent) are predicted differ significantly from the rest of the climate modeling that could be to be in high condition, compared to the stream, preventing fish passage and reasonably projected into the future, and current four populations in high scouring downstream habitats. also the consideration of at least two condition. Scenario 2 also predicts 24 generations for each species (i.e., 25 to populations (40 percent) in medium Future Conditions 35 years for the long-lived longsolid, condition and 27 populations (45 In the SSA reports, we forecast the and on average 12–13 years (Shepard percent) in low condition; no longsolid’s and round hickorynut’s 2006, p. 7; Ehlo and Layzer 2014, p. 11) populations would become extirpated. response to plausible future scenarios of for the round hickorynut). All three currently occupied major river

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basins would remain occupied, and the Under Scenario 1, lowered resiliency, expected to occur in the Cumberland existing levels of redundancy and representation, and redundancy are and Lower Mississippi River basins. No representation would improve. It is expected. We predict that only one of high condition populations would possible that this scenario is the least the current four high condition remain, and 46 (71 percent) of the 65 likely to occur in the future as compared populations would remain in high extant populations are likely to become to Scenario 1 or 3 only because it will condition. Under this scenario, only the extirpated. The resiliency of the take many years (potentially beyond the Great Lakes basin (one of the five basins remaining 19 populations is expected to 50- to 70-year timeframe analyzed in the currently occupied by the species) be reduced to 2 populations (10 percent) SSA report) for all of the beneficial would retain a highly resilient in medium condition and 17 (90 effects of management actions that are population (i.e., the Grand River). Of the percent) in low condition. In addition to necessary to be implemented and 65 extant populations, 13 (20 percent) the potential loss of 46 populations, 20 realized on the landscape. would be in medium condition and 28 (59 percent) of the extant 34 Under Scenario 3, we predict a (43 percent) would be in low condition. management units are predicted to no significant decrease in resiliency, We estimate extirpation of 23 out of 65 longer harbor the species. representation, and redundancy across (35 percent) populations. Redundancy Representation could be reduced to 14 the species’ range. Redundancy would would decline due to these population management units across 3 major river be reduced from three major river basins and management unit losses, resulting basins. Extirpations are expected from to two basins with no high condition in a loss of the species from the States of Pennsylvania, Michigan, populations remaining, and the likely Pennsylvania and Mississippi. and Mississippi, leaving 6 States (as extirpation of 44 (73 percent) of the Representation would be reduced compared to the current 9, and currently extant populations. The through extirpation of populations and historically 12) occupied by the species. resiliency of the remaining 16 management units in the Cumberland We note that, by using the SSA populations is expected to be reduced to and Great Lakes basins, a 40 percent framework to guide our analysis of the 3 populations (5 percent) in medium loss of redundancy compared to current scientific information documented in condition and 13 (22 percent) in low conditions. Under this scenario, only the SSA report, we have not only condition. In addition to the loss of 44 three of the five currently occupied river analyzed individual effects on the populations, 32 (29 percent) of the basins (Great Lakes, Ohio, and species, but we have also analyzed their management units are predicted to Tennessee) continue to harbor round potential cumulative effects. We become extirpated. Representation hickorynut populations. incorporate the cumulative effects into Under Scenario 2, we predict higher would be reduced to 13 management our SSA analysis when we characterize levels of resiliency in some areas of the units, 2 major river basins, and 3 States the current and future condition of the round hickorynut’s range than is (as compared to the current 9 States) species. Our assessment of the current estimated for Scenario 1; representation occupied by the species. and future conditions encompasses and and redundancy would remain the same incorporates the threats individually Round Hickorynut level as current conditions with the and cumulatively. Our current and species continuing to occur within all Our assessment predicts that if future condition assessment is iterative currently occupied management units because it accumulates and evaluates conditions remain the same (Scenario and States across the species’ 9-State 1), 40 of 65 populations (62 percent) the effects of all the factors that may be range. Up to 15 populations (23 percent) influencing the species, including would experience negative changes to are predicted to be high condition the important habitat requisites, threats and conservation efforts. compared to the current 4 populations Because the SSA framework considers including the potential loss of 23 in high condition. Scenario 2 also populations. This includes the not just the presence of the factors, but predicts 37 populations (57 percent) in to what degree they collectively predicted extirpation of the two medium condition and 13 populations populations in the Cumberland River influence risk to the entire species, our (20 percent) in low condition. All assessment integrates the cumulative basin and the population in the Lower currently occupied major river basins Mississippi River basin. Additionally, effects of the factors and replaces a would remain occupied, and the standalone cumulative effects analysis. under Scenario 3, no highly resilient existing levels of redundancy and populations are able to persist, and 90 representation would improve. There Determination of Longsolid and Round percent of remaining populations are in are sufficient population sizes within Hickorynut Status low condition. Alternatively, the each basin to facilitate augmentation Introduction scenario that suggests additive and restoration efforts, whether it be conservation measures beyond those within-basin translocations or captive Section 4 of the Act (16 U.S.C. 1533) currently implemented (Scenario 2) propagation techniques. It is possible and its implementing regulations (50 could result in the continued that this scenario is the least likely to CFR part 424) set forth the procedures persistence of all 65 populations in the occur in the future as compared to for determining whether a species meets future. However, approximately 40 of 65 Scenario 1 or 3. This is because it will the definition of ‘‘endangered species’’ (62 percent) of these populations are take many years (potentially beyond the or ‘‘threatened species.’’ The Act defines currently in low condition. Many of the 20- to 30-year time frame analyzed in an ‘‘endangered species’’ as a species known populations of the round the SSA report) for all of the beneficial that is ‘‘in danger of extinction hickorynut have been collected as 10 or effects of management actions that are throughout all or a significant portion of fewer individuals, with limited extent necessary to be implemented on the its range,’’ and a ‘‘threatened species’’ as information available, due to the lack of landscape. a species that is ‘‘likely to become an survey effort targeting the species Under Scenario 3, we predict a endangered species within the (Service 2019, Appendix A). The risks significant decrease in resiliency, foreseeable future throughout all or a facing round hickorynut populations representation, and redundancy across significant portion of its range.’’ The Act varied among scenarios and are the species’ range. Redundancy would requires that we determine whether a summarized below (see also Table 8–1 be reduced from five major river basins species meets the definition of and Table ES–1 in the SSA report). to three basins, with extirpations ‘‘endangered species’’ or ‘‘threatened

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species’’ because of any of the following Currently, 3 populations (5 percent) its range. Our analysis reveals the factors: (A) The present or threatened are highly resilient, 9 (15 percent) are potential for either none or a single destruction, modification, or moderately resilient, and 48 (80 percent) population (i.e., the Green River in curtailment of its habitat or range; (B) have low resiliency. Although Kentucky) to persist as highly resilient Overutilization for commercial, downward trends are evident compared (i.e., continued reproduction with recreational, scientific, or educational to historical information, the 12 highly- varied age classes present) in the purposes; (C) Disease or predation; (D) to moderately-resilient populations foreseeable future, assuming threats The inadequacy of existing regulatory continue to persist within three of the remain or worsen on the landscape. mechanisms; or (E) Other natural or four major river basins the species is Additionally, the majority of the manmade factors affecting its continued historically known to occupy. Current remaining populations would exhibit existence. and ongoing threats from habitat low resiliency, while many (between 30 In conducting our status assessment degradation or loss (Factor A), residual and 73 percent of the current low of the longsolid and round hickorynut, impacts from past harvest and condition populations) would we evaluated all identified threats under overutilization (Factor B), and invasive, potentially become extinct or the Act’s section 4(a)(1) factors and nonnative species (Factor E) contribute functionally extinct (e.g., significant assessed how the cumulative impact of to the species’ negative effects habitat degradation, no reproduction all threats acts on the viability of the associated with small population size due to highly isolated, non-recruiting species as a whole. That is, all the (Factor E). The persistence of these 12 individuals). Our future analysis also anticipated effects from both habitat- populations (in addition to some survey reveals a high risk that the species based and direct mortality-based threats information) implies that recent would become extirpated in one of the are examined in total and then recruitment is occurring in some four historically occupied river basins evaluated in the context of what those populations to help maintain a level of (i.e., Cumberland River basin); it has combined negative effects will mean to resiliency, redundancy, and already been lost from the Great Lakes the future condition of the longsolid and representation. Thus, after assessing the basin. Overall, the current threats acting round hickorynut. However, for the vast best available information, we conclude on the species and its habitat are majority of potential threats, the effect that the longsolid is not currently in expected to continue, and there are no on the longsolid and round hickorynut danger of extinction throughout all of its indications that these threats would (e.g., total losses of individual mussels range. We, therefore, proceed with lessen or that declining population or their habitat) cannot be quantified determining whether the longsolid is trends would be reversed. Thus, after with available information. Instead, we likely to become endangered within the assessing the best available information, use the best available information to foreseeable future throughout all of its we conclude that the longsolid is likely gauge the magnitude of each individual range. to become in danger of extinction threat on the longsolid and round At this point in time, and as noted within the foreseeable future throughout hickorynut, and then assess how those above, the threats currently acting on all of its range. effects combined (and as may be the species include habitat degradation ameliorated by any existing regulatory or loss from a variety of sources and Longsolid—Status Throughout a mechanisms or conservation efforts) invasive, nonnative species, all of which Significant Portion of Its Range will impact the longsolid’s or round contribute to the negative effects Under the Act and our implementing hickorynut’s future viability. associated with the species’ small regulations, a species may warrant population size. Our analysis revealed listing if it is in danger of extinction or Longsolid—Status Throughout All of Its that these threats are likely to continue likely to become so in the foreseeable Range into the foreseeable future, or future throughout all or a significant After evaluating threats to the species approximately 30 to 50 years. This portion of its range. The court in Center and assessing the cumulative effect of timeframe accounts for reasonable for Biological Diversity v. Everson, 2020 the threats under the section 4(a)(1) predictions of threats continuing into WL 437289 (D.D.C. Jan. 28, 2020) factors, we determined that the species’ the future based on our examination of (Everson), vacated the aspect of the 2014 distribution and abundance has been empirical data available over the last 30 Significant Portion of its Range Policy reduced across its range as years (e.g., survey data, how threats are that provided that the Services do not demonstrated by both the number of manifesting themselves on the undertake an analysis of significant occupied management units and the landscape and the species, portions of a species’ range if the number of populations where it implementation of management plans species warrants listing as threatened historically occurred. Historically, the and voluntary conservation actions), throughout all of its range. Therefore, species occurred within 162 and also takes into consideration the we proceed to evaluating whether the populations and 105 management units biology of the species (multiple species is endangered in a significant across 12 States; currently, the species generations of a long-lived species) and portion of its range—that is, whether occurs in 60 populations and 45 the licensing schedules of dams within there is any portion of the species’ range management units across 9 States, the species’ range. for which both (1) the portion is which represents a 63 percent reduction The best available information significant; and, (2) the species is in of its historically occupied populations suggests that the threats currently acting danger of extinction in that portion. (although we note that the remaining upon the longsolid are expected to Depending on the case, it might be more populations are well-distributed as continue into the foreseeable future, efficient for us to address the opposed to concentrated within its some of which (e.g., water quality and ‘‘significance’’ question or the ‘‘status’’ range). The conditions of the remaining habitat degradation, and invasive, question first. We can choose to address 60 extant populations vary between nonnative species) are reasonably either question first. Regardless of being highly resilient, moderately expected to worsen over time, including which question we address first, if we resilient, or having low resiliency (see concurrent with increasing human reach a negative answer with respect to Current Conditions above, and section population trends and thus further the first question that we address, we do 5.2 in the SSA report (Service 2018, pp. reducing the species’ resiliency, not need to evaluate the other question 34–37)). redundancy, and representation across for that portion of the species’ range.

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Following the court’s holding in Because we have determined the characteristics attributable to any of the Everson, we now consider whether there Cumberland River basin is a portion of basins. Therefore, it exhibits similar are any significant portions of the the range that may be in danger of basin-scale use of habitat. species’ range where the species is in extinction, we next evaluate whether At a population level, the Cumberland danger of extinction now (i.e., this portion may be significant. As an River basin population occurs in stream endangered). In undertaking this initial note, the Service’s most recent habitat comprised of similar substrate analysis for the longsolid, we choose to definition of ‘‘significant’’ within types to the other basins where the address the status question first—we agency policy guidance has been longsolid performs the important life- consider information pertaining to the invalidated by court order (see Desert history functions of breeding, feeding, geographic distribution of both the Survivors v. Dep’t of the Interior, No. and sheltering, and occurs in areas with species and the threats that the species 16–cv–01165 (N.D. Cal. Aug. 24, 2018)). water quality sufficient to sustain these faces to identify any portions of the Therefore, for purposes of this analysis, essential life-history traits. The single range where the species is endangered. the Service is evaluating potentially population in the Cumberland River We examined the following threats: significant portions of the range by basin does not act as a refugia for the Habitat degradation or loss; invasive, applying any reasonable definition of species or as an important spawning nonnative species; effects associated ‘‘significant’’ in terms of its biological ground. In addition, the water quality is with small population size; and the importance. similar throughout the species’ range potential for cumulative effects. We also We first examined the question of with impaired water quality occurring considered whether these threats may whether this portion could be a in all three basins. Since the longsolid be exacerbated by small population size significant portion of the longsolid’s occurs in similar aquatic habitats, the (or low condition). Overall, we found range by examining its contribution to Cumberland River basin population that threats are likely acting on the resiliency, redundancy, and exhibits similar habitat use as individuals or populations, or even representation of the species. We populations in the remainder of the basins, similarly across the species’ determined that this basin contains 1 of range. Therefore, there is no unique, range. These threats are certain to occur, 60 populations (1.7 percent) identified observable environmental usage or and in those basins with few in the SSA report. Therefore, this single behavioral characteristics attributable to populations that are predominantly in population does not contribute just the Cumberland River basin low condition, these populations are significantly, either currently or in the population. facing the same threats. foreseeable future, to the species’ total Overall, we found no substantial One basin—the Cumberland River— resiliency at a biologically meaningful information that would indicate the has been reduced by 91 percent with scale compared to other representative Cumberland River basin is a portion of one remaining low condition areas. The overall representation the range that may be significant in population. Although there are low described herein would likely be the terms of its overall contribution to the condition populations in all three basins same under two of the three scenarios. species’ resiliency, redundancy, and in which the species occurs, since this We conclude that the Cumberland River representation, or that it may be basin has seen its populations basin population does not contribute significant in terms of high-quality significantly reduced to a single meaningfully to the species’ viability habitat or habitat that is otherwise population currently in low condition, overall. We evaluated the best available important for the species’ life history. this circumstance—in combination with information for the Cumberland River As a result, we determined there is no the other threats acting on the species basin in this context, assessing its portion of the longsolid’s range that throughout its range—may indicate significance in terms of these constitutes a significant portion of the there is a concentration of threats in this conservation concepts, and determined range. Accordingly, we determine that basin such that the species may be in that this single population is not the species is likely to become in danger danger of extinction in this portion of biologically significant to the species. of extinction within the foreseeable the range. Longsolid populations are widely future throughout all of its range. This Small, isolated populations often distributed over nine States and three is consistent with the courts’ holdings exhibit reduced levels of genetic major river basins, and we considered in Desert Survivors v. Department of the variability, which diminishes the geographic range as a surrogate for Interior, No. 16–cv–01165–JCS, 2018 species’ capacity to adapt and respond geographic variation and proxy for WL 4053447 (N.D. Cal. Aug. 24, 2018), to environmental changes, thereby potential local adaptation and adaptive and Center for Biological Diversity v. decreasing the probability of long-term capacity. A river basin is any area of Jewell, 248 F. Supp. 3d, 946, 959 (D. persistence. Small populations may land where precipitation collects and Ariz. 2017). experience reduced reproductive vigor, drains off into a common outlet, such as for example, due to inbreeding into a river, bay, or other body of water. Longsolid—Determination of Status depression. Isolated individuals may The river basin includes all the surface Our review of the best available have difficulty reproducing. The water from precipitation runoff and scientific and commercial information problems associated with small nearby streams that run downslope indicates that the longsolid meets the population size and vulnerability to towards the shared outlet, as well as the definition of a threatened species. random demographic fluctuations or groundwater underneath the earth’s Therefore, we propose to list the natural catastrophes are further surface. River basins connect into other longsolid as a threatened species in magnified by synergistic interactions drainage basins at lower elevations in a accordance with sections 3(20) and with other threats, such as those hierarchical pattern, with smaller sub- 4(a)(1) of the Act. discussed above. Based on our review of drainage basins. There are no data information and the synergistic effects indicating genetic or morphological Round Hickorynut—Status Throughout of threats exacerbated by a single low- differentiation between the three major All of Its Range condition population in the Cumberland river basins for the species. Further, the After evaluating threats to the species River basin, we find that this basin is a longsolid occurs in similar aquatic and assessing the cumulative effect of portion of the range where the species habitats and does not use unique the threats under the Act’s section may be in danger of extinction. observable environmental or behavioral 4(a)(1) factors, we determined that the

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round hickorynut’s abundance has been which contribute to the negative effects evaluation methods and our policy reduced across its range as associated with the species’ small application. demonstrated by both number of population size. Our analysis revealed In undertaking the analysis for the occupied management units and the that these threats are likely to continue round hickorynut, we choose to address number of populations where the into the foreseeable future, or the status question first—we consider species has historically occurred. approximately 20 to 40 years. This information pertaining to the geographic Historically, the species occurred within timeframe accounts for reasonable distribution of both the species and the 297 populations and 138 management predictions of threats continuing into threats that the species faces to identify units across 12 States (plus at least 10 the future based on our examination of any portions of the range where the populations and 8 management units empirical data in our files (e.g., survey species is endangered. We examined the within the Canadian Province of data, how threats are manifesting following threats: Habitat degradation or Ontario); currently, the species occurs themselves on the landscape and the loss; invasive, nonnative species; in 65 populations and 34 management species, implementation of management negative effects associated with small units across 9 States, which represents plans and voluntary conservation population size; and the potential for a 78 percent reduction of its historically actions), and also takes into cumulative effects. We also considered occupied populations (although we note consideration the biology of the species whether these threats may be that the remaining populations are and the licensing schedules of dams exacerbated by small population size (or widely distributed as opposed to within the species’ range. low condition). Overall, we found that concentrated within its range). The The best available information threats are likely acting on individuals species also continues to occur in suggests that the threats currently acting or populations, or even basins, similarly Canada, although it is estimated to have upon the round hickorynut are expected across the species’ range. These threats declined by greater than 92 percent, as to continue into the foreseeable future. are certain to occur, and in those basins reported in 2013 (Committee on the The effects of water quality and habitat with few populations that are Status of Species at Risk in Ontario degradation, and invasive, nonnative predominantly in low condition, these 2013, p. 4). The condition of the species are reasonably expected to populations are facing the same threats. remaining 65 currently extant worsen over time, including concurrent Three of five basins where round populations in the United States are with increasing human population hickorynut has historically occurred categorized as either high, moderate, or trends and thus further reducing the (Great Lakes, Cumberland River, and low (see the applicable condition species’ resiliency, redundancy, and Lower Mississippi River basins) have description above under Longsolid— representation across its range. Our been reduced to predominantly low Status Throughout All of Its Range, and analysis reveals the potential for either condition populations. Specifically, the section 5.2 in the round hickorynut’s none or a single population (i.e., the Great Lakes basin has been reduced SSA report (Service 2019, pp. 43–47)). Grand River in Ohio) to persist as highly from 25 populations to 5 low condition Currently, 4 round hickorynut resilient (i.e., continued reproduction populations, 1 medium condition populations (6 percent) are highly with varied age classes present) in the population, and 1 high condition resilient, 16 (25 percent) are moderately foreseeable future, assuming threats population; the Cumberland River basin resilient, and 45 (69 percent) have low remain or worsen on the landscape. has been reduced from 23 populations resiliency. Although downward trends Additionally, the majority of the to 2 low condition populations; and the are evident compared to historical remaining populations would exhibit Lower Mississippi River basin has been information, the 20 highly to moderately low resiliency, while many (between 35 reduced from 9 populations to a single resilient populations in the United and 62 percent of the current low remaining low condition population. States continue to persist within 4 of the conditions populations) would Although there are low condition 5 major river basins where the species potentially become extinct or populations in every basin in which the is historically known to occur. Current functionally extinct (e.g., significant species occurs, since these three basins and ongoing threats from habitat habitat degradation, no reproduction have seen their populations degradation or loss (Factor A), and due to highly isolated, non-recruiting significantly reduced and a invasive, nonnative species (Factor E), individuals). Our future analysis also predominance of the Great Lakes basin contribute to the negative effects reveals a high risk that the species populations and the remaining associated with the species’ small would become extirpated in two of the populations for the other two basins are population size (Factor E). The five historically occupied river basins currently in low condition, these persistence of these 20 populations (in (i.e., Cumberland River basin and Lower circumstances—in combination with the addition to some survey information) Mississippi River basin). Overall, the other threats acting on the species implies that recent recruitment is current threats acting on the species and throughout its range—may indicate occurring in some populations, and they its habitat are expected to continue, and there is a concentration of threats in maintain a level of resiliency, there are no indications that these these areas such that the species may be redundancy, and representation. Thus, threats would be lessened or that in danger of extinction in these portions after assessing the best available declining population trends would be of the range. information, we conclude that the round reverted. Thus, after assessing the best As similarly described above for the hickorynut is not currently in danger of available information, we conclude that longsolid, small, isolated populations extinction throughout all of its range. the round hickorynut is likely to often exhibit reduced levels of genetic We, therefore, proceed with determining become in danger of extinction within variability, which diminishes the whether the round hickorynut is likely the foreseeable future throughout all of species’ capacity to adapt and respond to become endangered within the its range. to environmental changes, thereby foreseeable future throughout all of its decreasing the probability of long-term range. Round Hickorynut—Status Throughout persistence. Small populations may As noted above, the threats acting on a Significant Portion of Its Range experience reduced reproductive vigor, the species include habitat degradation See above, under Longsolid—Status for example, due to inbreeding or loss from a variety of sources and Throughout a Significant Portion of Its depression. Isolated individuals may invasive, nonnative species, both of Range, for a description of our have difficulty reproducing. The

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problems associated with small and determined that there is not significant in terms of high-quality population size and vulnerability to substantial information to indicate that habitat or habitat that is otherwise random demographic fluctuations or any of these areas may be significant. important for the species’ life history. natural catastrophes are further Round hickorynut populations are As a result, we determined there is no magnified by synergistic interactions widely distributed over nine States and portion of the round hickorynut’s range with other threats, such as those five major river basins, and we that constitutes a significant portion of discussed above. Based on our review of considered geographic range as a the range. Accordingly, we determine information and the synergistic effects surrogate for geographic variation and that the round hickorynut is likely to of threats exacerbated by a proxy for potential local adaptation and become in danger of extinction within predominance of populations in low adaptive capacity. A river basin is any the foreseeable future throughout all of condition within the Great Lakes, area of land where precipitation collects its range. This is consistent with the Cumberland, and Lower Mississippi and drains off into a common outlet, courts’ holdings in Desert Survivors v. River basins (where populations have such as into a river, bay, or other body Department of the Interior, No. 16–cv– been significantly extirpated), we find of water. The river basin includes all the 01165–JCS, 2018 WL 4053447 (N.D. Cal. that these three basins are portions of surface water from precipitation runoff Aug. 24, 2018), and Center for Biological the range where the species may be in and nearby streams that run downslope Diversity v. Jewell, 248 F. Supp. 3d, 946, danger of extinction. towards the shared outlet, as well as the 959 (D. Ariz. 2017). Because we have determined the groundwater underneath the earth’s Great Lakes, Cumberland, and Lower surface. River basins connect into other Round Hickorynut—Determination of Mississippi River basins are portions of drainage basins at lower elevations in a Status the range where the species may be in hierarchical pattern, with smaller sub- Our review of the best available danger of extinction, we next evaluate drainage basins. There are no data scientific and commercial information whether those portions may be indicating genetic or morphological indicates that the round hickorynut significant (see additional discussion differentiation between the five major meets the definition of a threatened above for the longsolid). Therefore, for river basins for the species. Further, the species. Therefore, we propose to list purposes of this analysis, the Service is round hickorynut occurs in similar the round hickorynut as a threatened evaluating potentially significant aquatic habitats and does not use species in accordance with sections portions of the range by applying any unique observable environmental or 3(20) and 4(a)(1) of the Act. reasonable definition of ‘‘significant’’ in behavioral characteristics attributable to terms of its biological importance. just the Great Lakes, Cumberland River, Available Conservation Measures We first examined the question of or Lower Mississippi River basin Conservation measures provided to whether these portions could be a populations. Therefore, the species species listed as endangered or significant portion of the round exhibits similar basin-scale use of threatened species under the Act hickorynut’s range by examining their habitat. include recognition, recovery actions, contribution to the resiliency, At a population level, the Great Lakes, redundancy, and representation of the Cumberland River, and Lower requirements for Federal protection, and species. Although these basins contain Mississippi River basin populations prohibitions against certain practices. 10 of 65 populations (15 percent) occur in stream habitat comprised of Recognition through listing results in identified in the SSA report, the Great substrate types similar to the other public awareness, and conservation by Lakes basin consists of 1 population basins where the round hickorynut Federal, State, tribal, and local agencies, currently with moderate resiliency and performs the important life-history private organizations, and individuals. 1 with high resiliency, and the functions of breeding, feeding, and The Act encourages cooperation with remaining 5 populations demonstrate sheltering, and occurs in areas with the States and other countries and calls low resiliency; the remaining 3 water quality sufficient to sustain these for recovery actions to be carried out for populations in the Cumberland River essential life-history traits. Populations listed species. The protection required basin and the Lower Mississippi River in these three basins do not act as by Federal agencies and the prohibitions basin are all low condition populations. refugia for the species or as an against certain activities are discussed, These low condition populations do not important spawning ground. In in part, below. contribute significantly, either currently addition, the water quality is similar The primary purpose of the Act is the or in the foreseeable future, to the throughout the species’ range with conservation of endangered and species’ total resiliency at a biologically impaired water quality occurring in all threatened species and the ecosystems meaningful scale compared to other basins. Since the round hickorynut upon which they depend. The ultimate representative areas. Although the low occurs in similar aquatic habitats, the goal of such conservation efforts is the condition populations in these basins Great Lakes, Cumberland River, and recovery of these listed species, so that are relatively small, the current and Lower Mississippi River basin they no longer need the protective future redundancy suggests that threats populations exhibit similar habitat use measures of the Act. Section 4(f) of the would be unlikely to extirpate round as the remainder of the species’ range. Act calls for the Service to develop and hickorynut in the Great Lakes basin, but Therefore, there is no unique observable implement recovery plans for the there is potential to lose the remaining environmental usage or behavioral conservation of endangered and three low condition populations under characteristics attributable to just these threatened species. The recovery the current level of threats scenario basins. planning process involves the (Scenario 1). Overall representation Overall, we found no substantial identification of actions that are would be modified through loss of two information that would indicate the necessary to halt or reverse the species’ currently occupied basins. We evaluated Great Lakes, Cumberland, or Lower decline by addressing the threats to its the best available information for the Mississippi River basins constitute survival and recovery. The goal of this Great Lakes, Cumberland River, and portions of the range that may be process is to restore listed species to a Lower Mississippi River basins in this significant in terms of their contribution point where they are secure, self- context, assessing its significance in to the species’ resiliency, redundancy, sustaining, and functioning components terms of these conservation concepts, and representation, or that they may be of their ecosystems.

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Recovery planning consists of Information on our grant programs that construction and maintenance, dam preparing draft and final recovery plans, are available to aid species recovery can relicensing, and hydrokinetics). beginning with the development of a be found at: http://www.fws.gov/grants. (5) U.S. Department of Transportation recovery outline and making it available Although the longsolid and round (highway and bridge construction and to the public within 30 days of a final hickorynut are only proposed for listing maintenance). listing determination. The recovery under the Act at this time, please let us (6) U.S. Fish and Wildlife Service outline guides the immediate know if you are interested in (issuance of section 10 permits for implementation of urgent recovery participating in recovery efforts for enhancement of survival, habitat actions and describes the process to be these species. Additionally, we invite conservation plans, and safe harbor used to develop a recovery plan. you to submit any new information on agreements; National Wildlife Refuge Revisions of the plan may be done to these species whenever it becomes planning and refuge activities; Partners address continuing or new threats to the available and any information you may for Fish and Wildlife program projects species, as new substantive information have for recovery planning purposes benefiting these species or other listed becomes available. The recovery plan (see FOR FURTHER INFORMATION CONTACT). species; Wildlife and Sportfish also identifies recovery criteria for Section 7(a) of the Act requires Restoration program sportfish stocking). review of when a species may be ready Federal agencies to evaluate their (7) Environmental Protection Agency for reclassification from endangered to actions with respect to any species that (water quality criteria, permitting). threatened (‘‘downlisting’’) or removal is proposed or listed as an endangered (8) Tennessee Valley Authority (flood from protected status (‘‘delisting’’), and or threatened species and with respect control, navigation, hydropower, and methods for monitoring recovery to its critical habitat, if any is land management for the Tennessee progress. Recovery plans also establish designated. Regulations implementing River system). a framework for agencies to coordinate this interagency cooperation provision (9) Office of Surface Mining their recovery efforts and provide of the Act are codified at 50 CFR part Reclamation and Enforcement (land estimates of the cost of implementing 402. Section 7(a)(4) of the Act requires resource management plans, mining recovery tasks. Recovery teams Federal agencies to confer with the permits, oil and natural gas permits, (composed of species experts, Federal Service on any action that is likely to abandoned mine land projects, and and State agencies, nongovernmental jeopardize the continued existence of a renewable energy development). organizations, and stakeholders) are species proposed for listing or result in (10) National Park Service (aquatic often established to develop recovery destruction or adverse modification of habitat restoration, fire management plans. When completed, the recovery proposed critical habitat. If a species is plans, fire suppression, fuel reduction outline, draft recovery plan, and the listed subsequently, section 7(a)(2) of treatments, land management plans, final recovery plan will be available on the Act requires Federal agencies to mining permits). our website (http://www.fws.gov/ ensure that activities they authorize, It is our policy, as published in the endangered). fund, or carry out are not likely to Federal Register on July 1, 1994 (59 FR Implementation of recovery actions jeopardize the continued existence of 34272), to identify to the maximum generally requires the participation of a the species or destroy or adversely extent practicable at the time a species broad range of partners, including other modify its critical habitat. If a Federal is listed, those activities that would or Federal agencies, States, Tribes, action may affect a listed species or its would not constitute a violation of nongovernmental organizations, critical habitat, the responsible Federal section 9 of the Act. The intent of this businesses, and private landowners. agency must enter into consultation policy is to increase public awareness of Examples of recovery actions include with the Service. the effect of a proposed listing on habitat restoration (e.g., restoration of Federal agency actions within the proposed and ongoing activities within native vegetation), research, captive species’ range that may require the range of the species proposed for propagation and reintroduction, and conference or consultation or both as listing. The discussion below regarding outreach and education. The recovery of described in the preceding paragraph protective regulations under section 4(d) many listed species cannot be include actions that fund, authorize, or of the Act complies with our policy. accomplished solely on Federal lands carry out management and any other because their range may occur primarily landscape-altering activities III. Proposed Rule Issued Under or solely on non-Federal lands. To administered by the following agencies: Section 4(d) of the Act for the Longsolid achieve recovery of these species (1) U.S. Army Corps of Engineers and Round Hickorynut requires cooperative conservation efforts (channel dredging and maintenance; Background on private, State, and tribal lands. dam projects including flood control, If these species are listed, funding for navigation, hydropower, bridge projects, Section 4(d) of the Act contains two recovery actions will be available from stream restoration, and Clean Water Act sentences. The first sentence states that a variety of sources, including Federal permitting). the ‘‘Secretary shall issue such budgets, State programs, and cost-share (2) U.S. Department of Agriculture, regulations as he deems necessary and grants for non-Federal landowners, the including the Natural Resources advisable to provide for the academic community, and Conservation Service and Farm Service conservation’’ of species listed as nongovernmental organizations. In Agency (technical and financial threatened. The U.S. Supreme Court has addition, pursuant to section 6 of the assistance for projects) and the Forest noted that statutory language like Act, the States of New York, Service (aquatic habitat restoration, fire ‘‘necessary and advisable’’ demonstrates Pennsylvania, Ohio, Indiana, Michigan, management plans, fire suppression, a large degree of deference to the agency Kentucky, West Virginia, Virginia, fuel reduction treatments, forest plans, (see Webster v. Doe, 486 U.S. 592 North Carolina, Tennessee, Alabama, mining permits). (1988)). Conservation is defined in the and Mississippi would be eligible for (3) U.S. Department of Energy Act to mean ‘‘the use of all methods and Federal funds to implement (renewable and alternative energy procedures which are necessary to bring management actions that promote the projects). any endangered species or threatened protection or recovery of the longsolid (4) Federal Energy Regulatory species to the point at which the or round hickorynut or both species. Commission (interstate pipeline measures provided pursuant to the Act

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are no longer necessary.’’ Additionally, within the foreseeable future primarily CFR 17.3. Take can result knowingly or the second sentence of section 4(d) of due to declines in water quality, loss of otherwise, by direct and indirect the Act states that the Secretary ‘‘may by stream flow, fragmentation, alteration impacts, intentionally or incidentally. regulation prohibit with respect to any and deterioration of instream habitats, Regulating incidental and/or intentional threatened species any act prohibited and nonnative species. These threats, take would help preserve the species’ under section 9(a)(1), in the case of fish which are expected to be exacerbated by remaining populations, slow their rate or wildlife, or section 9(a)(2), in the case continued urbanization and the effects of decline, and decrease synergistic, of plants.’’ Thus, the combination of the of climate change, were central to our negative effects from other stressors. two sentences of section 4(d) provides assessment of the future viability of the Therefore, we propose to prohibit the Secretary with wide latitude of longsolid and round hickorynut. The intentional take of the longsolid and discretion to select and promulgate provisions of this proposed 4(d) rule round hickorynut. Nothing in this appropriate regulations tailored to the would promote conservation of the proposed 4(d) rule would change in any specific conservation needs of the longsolid and round hickorynut by way the recovery planning provisions of threatened species. The second sentence encouraging management of the section 4(f) of the Act, the consultation grants particularly broad discretion to landscape in ways that meet the requirements under section 7 of the Act, the Service when adopting the conservation needs of the longsolid and or the ability of the Service to enter into prohibitions under section 9. round hickorynut, and are consistent partnerships for the management and The courts have recognized the extent with land management considerations. protection of the longsolid or round of the Secretary’s discretion under this This proposed 4(d) rule would apply hickorynut. However, interagency standard to develop rules that are only if and when we make final the cooperation may be further streamlined appropriate for the conservation of a listing of the longsolid and round through planned programmatic species. For example, courts have hickorynut as threatened species. consultations for the species’ between upheld rules developed under section Federal agencies and the Service, where Provisions of the Proposed 4(d) Rule 4(d) as a valid exercise of agency appropriate. We ask the public, authority where they prohibited take of This proposed 4(d) rule would particularly State agencies and other threatened wildlife, or include a limited provide for the conservation of the interested stakeholders that may be taking prohibition (see Alsea Valley longsolid and round hickorynut by affected by the proposed 4(d) rule, to Alliance v. Lautenbacher, 2007 U.S. prohibiting the following activities, provide comments and suggestions Dist. Lexis 60203 (D. Or. 2007); except as otherwise authorized or regarding additional guidance and Washington Environmental Council v. permitted: Importing or exporting; take; methods that the Service could provide National Marine Fisheries Service, 2002 possession and other acts with or use, respectively, to streamline the U.S. Dist. Lexis 5432 (W.D. Wash. unlawfully taken specimens; delivering, implementation of this proposed 4(d) 2002)). Courts have also upheld 4(d) receiving, transporting, or shipping in rule (see Information Requested, above). rules that do not address all of the interstate or foreign commerce in the The proposed 4(d) rule would also threats a species faces (see State of course of commercial activity; or selling provide for the conservation of the Louisiana v. Verity, 853 F.2d 322 (5th or offering for sale in interstate or species by allowing exceptions to Cir. 1988)). As noted in the legislative foreign commerce. actions and activities that, while they history when the Act was initially As discussed above under Summary may have some minimal level of enacted, ‘‘once an animal is on the of Biological Status and Threats, disturbance to the longsolid and round threatened list, the Secretary has an multiple factors are affecting the status hickorynut, are not expected to almost infinite number of options of the longsolid and round hickorynut. negatively impact the species’ available to him with regard to the A range of activities have the potential conservation and recovery efforts. The permitted activities for those species. He to affect these species, including proposed exceptions to these may, for example, permit taking, but not declines in water quality, loss of stream prohibitions include (1) conservation importation of such species, or he may flow, riparian and instream efforts by the Service or State wildlife choose to forbid both taking and fragmentation, alteration and agencies, (2) channel restoration importation but allow the transportation deterioration of instream habitats, and projects, and (3) bank restoration of such species’’ (H.R. Rep. No. 412, nonnative species. These threats, which projects. 93rd Cong., 1st Sess. 1973). are expected to be exacerbated by The first exception is for conservation Exercising this authority under continued urbanization and the effects and restoration efforts for listed species section 4(d), we have developed a of climate change, were central to our by the Service or State wildlife agencies, proposed rule that is designed to assessment of the future viability of the and including, but not limited to, address the longsolid’s and round longsolid and round hickorynut. collection of broodstock, tissue hickorynut’s specific threats and Therefore, we prohibit actions resulting collection for genetic analysis, captive conservation needs. Although the in the incidental take of longsolid and propagation, and subsequent stocking statute does not require us to make a round hickorynut by altering or into unoccupied areas within the ‘‘necessary and advisable’’ finding with degrading the habitat. Regulating historical range of the species. The respect to the adoption of specific incidental take resulting from these Service recognizes our special and prohibitions under section 9, we find activities would help preserve the unique relationship with our State that this rule as a whole satisfies the species’ remaining populations, slow natural resource agency partners in requirement in section 4(d) of the Act to their rate of decline, and decrease contributing to conservation of listed issue regulations deemed necessary and synergistic, negative effects from other species. State agencies often possess advisable to provide for the stressors. scientific data and valuable expertise on conservation of the longsolid and round Under the Act, ‘‘take’’ means to the status and distribution of hickorynut. As discussed above under harass, harm, pursue, hunt, shoot, endangered, threatened, and candidate Summary of Biological Status and wound, kill, trap, capture, or collect, or species of wildlife and plants. State Threats, we have concluded that the to attempt to engage in any such agencies, because of their authorities longsolid and round hickorynut are conduct. Some of these provisions have and their close working relationships likely to become in danger of extinction been further defined in regulation at 50 with local governments and

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landowners, are in a unique position to the agency for such purposes and when Critical habitat receives protection assist the Services in implementing all acting in the course of their official under section 7 of the Act through the aspects of the Act. In this regard, section duties if such action is necessary to aid requirement that Federal agencies 6 of the Act provides that the Services a sick, injured, or orphaned specimen; ensure, in consultation with the Service, shall cooperate to the maximum extent to dispose of a dead specimen; or to that any action they authorize, fund, or practicable with the States in carrying salvage a dead specimen which may be carry out is not likely to result in the out programs authorized by the Act. useful for scientific study. In addition, destruction or adverse modification of Therefore, any qualified employee or Federal and State wildlife law critical habitat. The designation of agent of a State conservation agency that enforcement officers, working in critical habitat does not affect land is a party to a cooperative agreement coordination with Service field office ownership or establish a refuge, with the Service in accordance with personnel, may possess, deliver, carry, wilderness, reserve, preserve, or other section 6(c) of the Act, who is transport, or ship longsolid and round conservation area. Designation also does designated by his or her agency for such hickorynut taken in violation of the Act not allow the government or public to purposes, would be able to conduct as necessary. access private lands, nor does activities designed to conserve the designation require implementation of IV. Critical Habitat for the Longsolid longsolid and round hickorynut that restoration, recovery, or enhancement and Round Hickorynut may result in otherwise prohibited take measures by non-Federal landowners. for wildlife without additional Background Where a landowner requests Federal authorization. Critical habitat is defined in section 3 agency funding or authorization for an The second and third exceptions are of the Act as: action that may affect a listed species or for channel and bank restoration (1) The specific areas within the critical habitat, the Federal agency projects for creation of natural, geographical area occupied by the would be required to consult with the physically stable, ecologically species, at the time it is listed in Service under section 7(a)(2) of the Act. functioning streams, taking into However, even if the Service were to consideration connectivity with accordance with the Act, on which are found those physical or biological conclude that the proposed activity floodplain and groundwater aquifers. would result in destruction or adverse These exceptions include a requirement features (a) Essential to the conservation of the modification of the critical habitat, the that bank restoration projects require Federal action agency and the planting appropriate native vegetation, species, and (b) Which may require special landowner are not required to abandon including woody species appropriate for the proposed activity, or to restore or the region and habitat. We also propose management considerations or protection; and recover the species; instead, they must language that would require surveys and implement ‘‘reasonable and prudent relocation prior to commencement of (2) Specific areas outside the geographical area occupied by the alternatives’’ to avoid destruction or restoration actions for longsolid and adverse modification of critical habitat. round hickorynut that would otherwise species at the time it is listed, upon a be negatively affected by the actions. determination that such areas are Under the first prong of the Act’s We reiterate that these actions and essential for the conservation of the definition of critical habitat, areas activities may have some minimal level species. within the geographical area occupied of take of the longsolid and round Our regulations at 50 CFR 424.02 by the species at the time it was listed hickorynut, but any such take is define the geographical area occupied are included in a critical habitat expected to be rare and insignificant, by the species as an area that may designation if they contain physical or and is not expected to negatively impact generally be delineated around species’ biological features (1) which are the species’ conservation and recovery occurrences, as determined by the essential to the conservation of the efforts. Rather, we expect they would Secretary (i.e., range). Such areas may species and (2) which may require have a net beneficial effect on the include those areas used throughout all special management considerations or species. Across the species’ range, or part of the species’ life cycle, even if protection. For these areas, critical instream habitats have been degraded not used on a regular basis (e.g., habitat designations identify, to the physically by sedimentation and by migratory corridors, seasonal habitats, extent known using the best scientific direct and indirect channel disturbance. and habitats used periodically, but not and commercial data available, those The habitat restoration activities in the solely by vagrant individuals). physical or biological features that are proposed 4(d) rule are intended to Conservation, as defined under essential to the conservation of the improve habitat conditions for the section 3 of the Act, means to use and species (such as space, food, cover, and species in the long term. the use of all methods and procedures protected habitat). In identifying those Regulations governing permits for that are necessary to bring an physical or biological features that occur threatened wildlife are codified at 50 endangered or threatened species to the in specific occupied areas, we focus on CFR 17.32. With regard to threatened point at which the measures provided the specific features that are essential to wildlife, a permit may be issued for the pursuant to the Act are no longer support the life-history needs of the following purposes: for scientific necessary. Such methods and species, including, but not limited to, purposes, to enhance the propagation or procedures include, but are not limited water characteristics, soil type, survival of the species, for economic to, all activities associated with geological features, prey, vegetation, hardship, for zoological exhibition, for scientific resources management such as symbiotic species, or other features. A educational purposes, for incidental research, census, law enforcement, feature may be a single habitat taking, or for special purposes habitat acquisition and maintenance, characteristic or a more complex consistent with the purposes of the Act. habitat restoration, propagation, live combination of habitat characteristics. Finally, the proposed 4(d) rule would trapping, and transplantation, and, in Features may include habitat allow take of the longsolid and round the extraordinary case where population characteristics that support ephemeral hickorynut without a permit by any pressures within a given ecosystem or dynamic habitat conditions. Features employee or agent of the Service or a cannot be otherwise relieved, may may also be expressed in terms relating State conservation agency designated by include regulated taking. to principles of conservation biology,

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such as patch size, distribution Habitat is dynamic, and species may consultations under section 7(a)(2) of distances, and connectivity. move from one area to another over the Act; Under the second prong of the Act’s time. We recognize that critical habitat (iii) Areas within the jurisdiction of definition of critical habitat, we can designated at a particular point in time the United States provide no more than designate critical habitat in areas may not include all of the habitat areas negligible conservation value, if any, for outside the geographical area occupied that we may later determine are a species occurring primarily outside by the species at the time it is listed, necessary for the recovery of the the jurisdiction of the United States; upon a determination that such areas species. For these reasons, a critical (iv) No areas meet the definition of are essential for the conservation of the habitat designation does not signal that critical habitat; or species. When designating critical habitat outside the designated area is (v) The Secretary otherwise habitat, the Secretary will first evaluate unimportant or may not be needed for determines that designation of critical areas occupied by the species. The recovery of the species. Areas that are habitat would not be prudent based on Secretary will only consider unoccupied important to the conservation of the the best scientific data available. areas to be essential where a critical species, both inside and outside the As discussed earlier in this document, habitat designation limited to critical habitat designation, will there is currently no imminent threat of geographical areas occupied by the continue to be subject to: (1) collection or vandalism identified under species would be inadequate to ensure Conservation actions implemented Factor B for these species, and the conservation of the species. In under section 7(a)(1) of the Act; (2) identification and mapping of critical addition, for an unoccupied area to be regulatory protections afforded by the habitat is not expected to initiate any considered essential, the Secretary must requirement in section 7(a)(2) of the Act such threat. In our SSA reports and the determine that there is a reasonable for Federal agencies to ensure their proposed listing determination for the certainty both that the area will actions are not likely to jeopardize the longsolid and round hickorynut, we contribute to the conservation of the continued existence of any endangered determined that the present or species and that the area contains one or threatened species; and (3) the threatened destruction, modification, or or more of those physical or biological prohibitions found in section 9 of the curtailment of habitat or range is a features essential to the conservation of Act. Federally funded or permitted threat to the longsolid and round the species. projects affecting listed species outside hickorynut, and that those threats in some way can be addressed by section Section 4 of the Act requires that we their designated critical habitat areas 7(a)(2) consultation measures. The designate critical habitat on the basis of may still result in jeopardy findings in species occur wholly in the jurisdiction the best scientific data available. some cases. These protections and of the United States (with the exception Further, our Policy on Information conservation tools will continue to contribute to recovery of this species. of one remnant, small population of Standards Under the Endangered Similarly, critical habitat designations round hickorynut in the Ontario Species Act (published in the Federal made on the basis of the best available Province of Canada, which Canada has Register on July 1, 1994 (59 FR 34271)), information at the time of designation listed as an endangered species and the Information Quality Act (section 515 will not control the direction and designated critical habitat in the East of the Treasury and General substance of future recovery plans, Syndenham River), and we are able to Government Appropriations Act for habitat conservation plans, or other identify areas that meet the definition of Fiscal Year 2001 (Pub. L. 106–554; H.R. species conservation planning efforts if critical habitat. Therefore, because none 5658)), and our associated Information new information available at the time of of the circumstances enumerated in our Quality Guidelines provide criteria, these planning efforts calls for a regulations at 50 CFR 424.12(a)(1) have establish procedures, and provide different outcome. been met and because there are no other guidance to ensure that our decisions circumstances the Secretary has are based on the best scientific data Prudency Determination identified for which this designation of available. They require our biologists, to Section 4(a)(3) of the Act, as critical habitat would be not prudent, the extent consistent with the Act and amended, and implementing regulations we have determined that the with the use of the best scientific data (50 CFR 424.12) require that, to the designation of critical habitat is prudent available, to use primary and original maximum extent prudent and for the longsolid and round hickorynut. sources of information as the basis for determinable, the Secretary shall recommendations to designate critical designate critical habitat at the time the Critical Habitat Determinability habitat. species is determined to be an Having determined that designation is When we are determining which areas endangered or threatened species. Our prudent, under section 4(a)(3) of the Act should be designated as critical habitat, regulations (50 CFR 424.12(a)(1)) state we must find whether critical habitat for our primary source of information is that the Secretary may, but is not the longsolid and round hickorynut is generally the information from the SSA required to, determine that a determinable. Our regulations at 50 CFR report and information developed designation would not be prudent in the 424.12(a)(2) state that critical habitat is during the listing process for the following circumstances: not determinable when one or both of species. Additional information sources (i) The species is threatened by taking the following situations exist: may include any generalized or other human activity and (i) Data sufficient to perform required conservation strategy, criteria, or outline identification of critical habitat can be analyses are lacking, or that may have been developed for the expected to increase the degree of such (ii) The biological needs of the species species; the recovery plan for the threat to the species; are not sufficiently well known to species; articles in peer-reviewed (ii) The present or threatened identify any area that meets the journals; conservation plans developed destruction, modification, or definition of ‘‘critical habitat.’’ by States and counties; scientific status curtailment of a species’ habitat or range When critical habitat is not surveys and studies; biological is not a threat to the species, or threats determinable, the Act allows the Service assessments; other unpublished to the species’ habitat stem solely from an additional year to publish a critical materials; or experts’ opinions or causes that cannot be addressed through habitat designation (16 U.S.C. personal knowledge. management actions resulting from 1533(b)(6)(C)(ii)).

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We reviewed the available or dynamic habitat conditions. Features physiological requirements; cover or information pertaining to the biological may also be expressed in terms relating shelter; sites for breeding, reproduction, needs of the species and habitat to principles of conservation biology, or rearing (or development) of offspring; characteristics where these species are such as patch size, distribution and habitats that are protected from located. Our review of the best scientific distances, and connectivity. For disturbance. data available led us to conclude that example, physical features essential to As described above under Summary the designation of critical habitat is the conservation of the species might of Biological Status and Threats, determinable for the longsolid and include gravel of a particular size longsolid and round hickorynut mussels round hickorynut. required for spawning, alkali soil for occur in river or stream reaches. seed germination, protective cover for Occasional or regular interaction among Physical or Biological Features migration, or susceptibility to flooding individuals in different reaches not Essential to the Conservation of the or fire that maintains necessary early- interrupted by a barrier likely occurs, Species successional habitat characteristics. but in general, interaction is strongly In accordance with section 3(5)(A)(i) Biological features might include prey influenced by habitat fragmentation and of the Act and regulations at 50 CFR species, forage grasses, specific kinds or distance between occupied river or 424.12(b), in determining which areas ages of trees for roosting or nesting, stream reaches. Once released from their we will designate as critical habitat from symbiotic fungi, or a particular level of fish host, freshwater mussels are within the geographical area occupied nonnative species consistent with benthic, generally sedentary aquatic by the species at the time of listing, we conservation needs of the listed species. organisms and closely associated with consider the physical or biological The features may also be combinations appropriate habitat patches within a features essential to the conservation of of habitat characteristics and may river or stream. the species and that may require special encompass the relationship between We derive the specific physical or management considerations or characteristics or the necessary amount biological features essential for the protection. The regulations at 50 CFR of a characteristic essential to support longsolid and round hickorynut from 424.02 define ‘‘physical or biological the life history of the species. studies of these species’ (or appropriate features essential to the conservation of In considering whether features are surrogate species’) habitat, ecology, and the species’’ as the features that occur in essential to the conservation of the life history. The primary habitat specific areas that are essential to species, the Service may consider an elements that influence resiliency of the support the life-history needs of the appropriate quality, quantity, and longsolid and round hickorynut include species, including, but not limited to, spatial and temporal arrangement of water quality, water quantity, substrate, water characteristics, soil type, habitat characteristics in the context of habitat connectivity, and the presence of geological features, sites, prey, the life-history needs, condition, and host fish species to ensure recruitment. vegetation, symbiotic species, or other status of the species. These These features are also described above features. A feature may be a single characteristics include, but are not as resource needs under Summary of habitat characteristic or a more complex limited to, space for individual and Biological Status and Threats, and a full combination of habitat characteristics. population growth and for normal description is available in the SSA Features may include habitat behavior; food, water, air, light, reports; the individuals’ needs are characteristics that support ephemeral minerals, or other nutritional or summarized below in Table 1.

TABLE 1—REQUIREMENTS FOR EACH LIFE STAGE OF THE LONGSOLID AND ROUND HICKORYNUT MUSSELS

Life stage Resources needed to complete life stage 1 Source

Fertilized eggs—early spring • Clear, flowing water ...... Berg et al. 2008, p. 397; Haag 2012, pp. 38–39. • Sexually mature males upstream from sexually ma- ture females. • Appropriate spawning temperatures. Glochidia—late spring to • Clear, flowing water ...... Strayer 2008, p. 65; Haag 2012, pp. 41–42. early summer. • Enough flow to keep glochidia or conglutinates adrift and to attract drift-feeding host fish. • Presence of host fish for attachment. Juveniles—excystment from • Clear, flowing water ...... Dimock and Wright 1993, pp. 188–190; Sparks and host fish to approx. 0.8 in • Host fish dispersal. Strayer 1998, p. 132; Augspurger et al. 2003, p. (∼20 mm) shell length. • Appropriate interstitial chemistry; low salinity, low am- 2,574; Augspurger et al. 2007, p. 2,025; Strayer and monia, low copper and other contaminants, high dis- Malcom 2012, pp. 1,787–1,788. solved oxygen. • Appropriate substrate (clean gravel/sand/cobble) for settlement. Adults—greater than 0.8 in • Clear, flowing water ...... Yeager et al. 1994, p. 221; Nichols and Garling 2000, (20 mm) shell length. • Appropriate substrate (stable gravel and coarse sand p. 881; Chen et al. 2001, p. 214; Spooner and free from excessive silt). Vaughn 2008, p. 308. • Adequate food availability (phytoplankton and detri- tus). • High dissolved oxygen. • Appropriate water temperature. 1 These resource needs are common among North American freshwater mussels; however, due to lack of species-specific research, param- eters specific to longsolid and round hickorynut are unavailable.

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Summary of Essential Physical or 86 °Fahrenheit (°F) (30 °Celsius (°C)). Management activities that could Biological Features Additionally, water and sediment ameliorate these threats include, but are We derive the specific physical or should be low in ammonia (generally not limited to: Use of best management biological features essential to the below 0.5 ppm total ammonia-nitrogen) practices designed to reduce conservation of the longsolid and round and heavy metal concentrations, and sedimentation, erosion, and bank hickorynut from studies of the species’ lack excessive total suspended solids destruction; protection of riparian habitat, ecology, and life history as and other pollutants (see Threats corridors and woody vegetation; described below. Additional Analysis, above). moderation of surface and ground water (4) The presence and abundance of information can be found in chapter 4 withdrawals to maintain natural flow fish hosts necessary for recruitment of of the SSA reports (Service 2018, pp. regimes; improved stormwater the longsolid (currently unknown, likely management; and reduction of other 27–32; Service 2019, pp. 30–39), both of includes minnows of the family watershed and floodplain disturbances which are available on http:// Cyprinidae and banded sculpin (Cottus that release sediments, pollutants, or www.regulations.gov under Docket No. carolinae)) and the round hickorynut nutrients into the water. FWS–R4–ES–2020–0010. We have (i.e., eastern sand darter (Ammocrypta In summary, we find that the determined that the following physical pellucida), emerald darter (Etheostoma occupied areas we are proposing to or biological features are essential to the baileyi), greenside darter (E. designate as critical habitat contain the conservation of the longsolid and round blennioides), Iowa darter (E. exile), physical or biological features that are hickorynut: fantail darter (E. flabellare), Cumberland essential to the conservation of the (1) Adequate flows, or a hydrologic darter (E. susanae), spangled darter (E. species and that may require special flow regime (magnitude, timing, obama), variegate darter (E. variatum), management considerations or frequency, duration, rate of change, and blackside darter (Percina maculata), protection. Special management overall seasonality of discharge over frecklebelly darter (P. stictogaster), and considerations or protection may be time), necessary to maintain benthic banded sculpin). required of the Federal action agency to habitats where the species are found eliminate, or to reduce to negligible Special Management Considerations or and to maintain stream connectivity, levels, the threats affecting the physical Protection specifically providing for the exchange and biological features of each unit. of nutrients and sediment for When designating critical habitat, we maintenance of the mussels’ and fish assess whether the specific areas within Criteria Used To Identify Critical host’s habitat and food availability, the geographical area occupied by the Habitat maintenance of spawning habitat for species at the time of listing contain As required by section 4(b)(2) of the native fishes, and the ability for newly features which are essential to the Act, we use the best scientific data transformed juveniles to settle and conservation of the species and which available to designate critical habitat. In become established in their habitats. may require special management accordance with the Act and our Adequate flows ensure delivery of considerations or protection. implementing regulations at 50 CFR oxygen, enable reproduction, deliver The features essential to the 424.12(b), we review available food to filter-feeding mussels, and conservation of the longsolid and round information pertaining to the habitat reduce contaminants and fine sediments hickorynut may require special requirements of the species and identify from interstitial spaces. Stream velocity management considerations or specific areas within the geographical is not static over time, and variations protections to reduce the following area occupied by the species at the time may be attributed to seasonal changes threats: (1) Alteration of the natural flow of listing and any specific areas outside (with higher flows in winter/spring and regime (modifying the natural the geographical area occupied by the lower flows in summer/fall), extreme hydrograph and seasonal flows), species to be considered for designation weather events (e.g., drought or floods), including water withdrawals, resulting as critical habitat. We are not currently or anthropogenic influence (e.g., flow in flow reduction and available water proposing to designate any areas outside regulation via impoundments). quantity; (2) urbanization of the the geographical area occupied by the (2) Suitable substrates and connected landscape, including (but not limited to) longsolid or round hickorynut because instream habitats, characterized by land conversion for urban and we have determined that occupied areas geomorphically stable stream channels commercial use, infrastructure are sufficient to conserve these two and banks (i.e., channels that maintain (pipelines, roads, bridges, utilities), and species. lateral dimensions, longitudinal urban water uses (resource extraction profiles, and sinuosity patterns over activities, water supply reservoirs, Methodology Used for Selection of time without an aggrading or degrading wastewater treatment, etc.); (3) Proposed Units bed elevation) with habitats that support significant alteration of water quality First, we included stronghold (high) a diversity of freshwater mussel and and nutrient pollution from a variety of or medium condition populations native fish (such as, stable riffle-run- activities, such as mining and (resiliency) remaining from historical pool habitats that provide flow refuges agricultural activities; (4) impacts from conditions. These populations show consisting of predominantly silt-free, invasive species; (5) land use activities recruitment or varied age class stable sand, gravel, and cobble that remove large areas of forested structure, and could be used for substrates). wetlands and riparian systems; (6) recovery actions to re-establish (3) Water and sediment quality culvert and pipe installation that creates populations within basins through necessary to sustain natural barriers to movement for the longsolid propagation activities or augment other physiological processes for normal and round hickorynut, or their host populations through direct behavior, growth, and viability of all life fishes; (7) changes and shifts in seasonal translocations within their basins. stages, including (but not limited to): precipitation patterns as a result of Second, we evaluated spatial dissolved oxygen (generally above 2 to climate change; and (8) other watershed representation and redundancy across 3 parts per million (ppm)), salinity and floodplain disturbances that release the species range, to include last (generally below 2 to 4 ppm), and sediments, pollutants, or nutrients into remaining consistently observable temperature (generally below the water. population(s) in major river basins and

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the last remaining population(s) in longsolid or round hickorynut because (1) Longsolid—French Creek, states if necessary, as states are crucial we did not find any unoccupied areas Allegheny River, Shenango River, partners in monitoring and recovery that are essential to the conservation of Middle Island Creek, Little Kanawha efforts. these species, and we determined that River, Elk River, Kanawha River, Third, we examined the overall occupied areas are sufficient to conserve Licking River, Green River, Cumberland contribution of medium condition the two species. River, Clinch River, and Paint Rock populations and threats to those Sources of data for this proposed River (see Unit Descriptions, below). populations. Adjacency and critical habitat include multiple (2) Round hickorynut—Shenango connectivity to stronghold and medium databases maintained by universities, River, Grand River, Tippecanoe River, populations was considered, and we did information from State agencies Middle Island Creek, Little Kanawha not include populations that have throughout the species’ ranges, and River, Elk River, Kanawha River, potentially low likelihood of recovery numerous survey reports on streams Licking River, Rockcastle River, Buck due to limited abundances or throughout the species’ ranges (see SSA Creek, Green River, Paint Rock River, populations currently under a high level reports (Service 2018, entire; Service Duck River, and Big Black River (see of threats. 2019, entire)). We have also reviewed Unit Descriptions, below). Finally, we evaluated overlap of available information that pertains to When determining proposed critical longsolid and round hickorynut the habitat requirements of these habitat boundaries, we made every occurrences, as well as other listed species. Sources of information on effort to avoid including developed aquatic species and designated critical habitat requirements include studies areas such as lands covered by habitat, to see if there are ongoing conducted at occupied sites and buildings, pavement, and other conservation and monitoring efforts that published in peer-reviewed articles, structures because such lands lack physical or biological features necessary can be capitalized on for efficiency. agency reports, and data collected Rangewide recovery considerations, for the longsolid and round hickorynut. during monitoring efforts (Service 2018, such as maintaining existing genetic The scale of the maps we prepared entire; Service 2019, entire). diversity and striving for representation under the parameters for publication of all major portions of the species’ In summary, for areas within the within the Code of Federal Regulations current range, were considered in geographic area occupied by these may not reflect the exclusion of such formulating this proposed critical species at the time of listing, we developed lands. Any such lands habitat. For example, in the Cumberland delineated critical habitat unit inadvertently left inside critical habitat River basin, there is only one remaining boundaries using a precise set of boundaries shown on the maps of this population of the longsolid (mainstem criteria. Specifically, we identified river proposed rule have been excluded by Cumberland River) and only two and stream reaches with observations text in the proposed rule and are not populations remaining of the round from 2000 to present, given the variable proposed for designation as critical hickorynut (Buck Creek and Rockcastle data associated with timing and habitat. Therefore, if the critical habitat River). In addition, in the Mississippi frequency of mussel surveys conducted is finalized as proposed, a Federal River basin, only one population of the throughout the species’ ranges. We action involving these lands would not round hickorynut remains (Big Black determined it is reasonable to find these trigger section 7 consultation with River). The distribution of the longsolid areas occupied due to the longevity of respect to critical habitat and the and round hickorynut in these basins is the longsolid, the potential for requirement of no adverse modification substantially reduced when compared incomplete survey detections for the unless the specific action would affect to historical data that indicates these round hickorynut, highly variable recent the physical or biological features in the species were formerly much more survey information across both species’ adjacent critical habitat. widespread within these drainages. ranges, and available State heritage We propose to designate as critical Therefore, these rivers and streams were databases and information support for habitat lands that we have determined included to maintain basin the likelihood of both species’ are occupied at the time of listing (i.e., representation. continued presence in these areas currently occupied) and that contain The proposed critical habitat within this timeframe. Specific habitat one or more of the physical or biological designation does not include all rivers areas were delineated based on Natural features that are essential to support and streams currently occupied by the Heritage Element Occurrences, and life-history processes of the species. species, nor all rivers and streams unpublished survey data provided by Twelve units for the longsolid and 14 known to have been occupied by the States, universities, and units for the round hickorynut are species historically. Instead, it includes nongovernmental organizations. These proposed for designation based on the only the occupied rivers and streams areas provide habitat for longsolid and presence of the physical or biological within the current range that we round hickorynut populations and are features being present that support the determined are critical to the large enough to be self-sustaining over longsolid’s or round hickorynut’s life- conservation of these species. These time, despite fluctuations in local history processes. All of the units for rivers and streams contain populations conditions. The areas within the both species contain all of the identified large and dense enough and most likely proposed units represent continuous physical or biological features and to be self-sustaining over time (despite river and stream reaches of free-flowing support multiple life-history processes. fluctuations in local conditions), and habitat patches capable of sustaining The critical habitat designation is also have retained the physical or host fishes and allowing for seasonal defined by the map or maps, as biological features that will allow for the transport of glochidia, which are modified by any accompanying maintenance and expansion of existing essential for reproduction and dispersal regulatory text, presented at the end of populations. These units also represent of longsolid and round hickorynut. We this document under Proposed populations that are stable and consider portions of the following rivers Regulation Promulgation. We include distributed over a wide geographic area. and streams to be occupied by the more detailed information on the We are not proposing to designate any species at the time of proposed listing, boundaries of the critical habitat areas outside the geographical area and appropriate for critical habitat designation in the preamble of this currently occupied by either the designation: document. We will make the

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coordinates or plot points or both on critical habitat for the round hickorynut. River, Cumberland River, Clinch River, which each map is based available to All or portions of some of these units and Paint Rock River. The 14 areas we the public on http:// overlap, and all 26 units are occupied propose as critical habitat for the round www.regulations.gov at Docket No. by one or both species. The critical hickorynut are: Shenango River, Grand FWS–R4–ES–2020–0010 and on our habitat areas we describe below River, Tippecanoe River, Middle Island internet site https://www.fws.gov/ constitute our current best assessment of Creek, Little Kanawha River, Elk River, Asheville/. areas that meet the definition of critical Kanawha River, Licking River, habitat for the longsolid and round Proposed Critical Habitat Designation Rockcastle River, Buck Creek, Green hickorynut. The 12 areas we propose as River, Paint Rock River, Duck River, and We propose designating a total of critical habitat for the longsolid are: Big Black River. Tables 2 and 3 show 1,115 river mi (1,794 km) in 12 units as French Creek, Allegheny River, the proposed critical habitat units and occupied critical habitat for the Shenango River, Middle Island Creek, the approximate river miles of each longsolid and a total of 921 river mi Little Kanawha River, Elk River, (1,482 km) in 14 units as occupied Kanawha River, Licking River, Green unit.

TABLE 2—PROPOSED CRITICAL HABITAT UNITS FOR THE LONGSOLID. ALL UNITS ARE OCCUPIED BY THE SPECIES [Area estimates reflect all land within critical habitat unit boundaries]

Critical habitat unit Approximate river miles (state) Adjacent riparian land ownership by type (kilometers)

LS 1. French Creek (Pennsylvania) ...... Public (Federal, State); ...... 14 (22.1) Private ...... 106 (170.6) Total = 120 (191.5) LS 2. Allegheny River (Pennsylvania) ...... Public (Federal, State); ...... 84 (135.8) Private ...... 15 (24.1) Total = 99 (159.3) LS 3. Shenango River (Pennsylvania) ...... Public (Federal, State); ...... 7 (11.3) Private ...... 15 (24.3) Total = 22 (35.5) LS 4. Middle Island Creek (West Virginia) ...... Public (Local); ...... 0.13 (0.2) Private ...... 14 (23.5) Total = 14 (23.7) LS 5. Little Kanawha River (West Virginia) ...... Public (Federal, State); ...... 0.53 (0.9) Private ...... 122 (197.2) Total = 123 (198) LS 6. Elk River (West Virginia) ...... Public (Federal, State, Local); ...... 7 (12.7) Private ...... 93 (150.3) Total = 101 (163) LS 7. Kanawha River (West Virginia) ...... Public (Federal, State, Local); ...... 2 (4.6) Private ...... 18 (29.3) Total = 21 (33.9) LS 8. Licking River (Kentucky) ...... Public (Federal, State, Local); ...... 19 (31.7) Private ...... 161 (259.7) Total = 181 (291.5) LS 9. Green River (Kentucky) ...... Public (Federal, State, Local); ...... 51 (82.4) Private ...... 105 (169.2) Total = 156 (251.6) LS 10. Cumberland River (Tennessee) ...... Public (Federal) ...... Total = 48 (77.5) LS 11. Clinch River (Virginia and Tennessee) ...... Public (Federal, State); ...... 17 (27.3) Private ...... 160 (258.8) Total = 177 (286.1) LS 12. Paint Rock River (Alabama) ...... Public (Federal, State); ...... 56 (90.4) Private ...... 2 (4.1) Total = 58 (94.5)

Public ...... 305 (491) Private ...... 810 (1,304)

Total ...... 1,115 (1,794) Note: River miles may not sum due to rounding.

TABLE 3—PROPOSED CRITICAL HABITAT UNITS FOR THE ROUND HICKORYNUT. ALL UNITS ARE OCCUPIED BY THE SPECIES [Area estimates reflect all land within critical habitat unit boundaries]

Approximate river miles Critical habitat unit Adjacent riparian land ownership by type (kilometers)

RH 1. Shenango River (Pennsylvania) ...... Public (Federal, State); ...... 7 (11.1) Private ...... 15 (24.3) Total = 22 (35.5)

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TABLE 3—PROPOSED CRITICAL HABITAT UNITS FOR THE ROUND HICKORYNUT. ALL UNITS ARE OCCUPIED BY THE SPECIES—Continued [Area estimates reflect all land within critical habitat unit boundaries]

Approximate river miles Critical habitat unit Adjacent riparian land ownership by type (kilometers)

RH 2. Grand River (Ohio) ...... Public (State, Local); ...... 33 (53) Private ...... 59 (95.2) Total = 92 (148.2) RH 3. Tippecanoe River (Indiana) ...... Public (State, Easement); ...... 9 (14.5) Private ...... 66 (105.6) Total = 75 (120.8) RH 4. Middle Island Creek (West Virginia) ...... Public (Federal, State); ...... 0.2 (0.4) Private ...... 74.8 (120.4) Total = 75 (120.8) RH 5. Little Kanawha River (West Virginia) ...... Public (Federal, State, Local); ...... 0.7 (1.2) Private ...... 109 (175.4) Total = 110 (176.6) RH 6. Elk River (West Virginia) ...... Public (Federal, State, Local); ...... 7 (12.7) Private ...... 93 (150.3) Total = 101 (163) RH 7. Kanawha River (West Virginia) ...... Public (Federal, State, Local); ...... 4 (7.2) Private ...... 33 (53.2) Total = 37.5 (60.4) RH 8. Licking River (Kentucky) ...... Public (Federal, State, Local); ...... 18 (30) Private ...... 131 (211.8) Total = 150 (241.9) RH 9. Rockcastle River (Kentucky) ...... Public (Federal); ...... 15 (24.2) Private ...... 0.3 (0.4) Total = 15.3 (24.6) RH 10. Buck Creek (Kentucky) ...... Public (State, Local); ...... 3 (5.5) Private ...... 33 (52.6) Total = 36 (58.1) RH 11. Green River (Kentucky) ...... Public (Federal, State); ...... 37 (59.4) Private ...... 61 (98.4) Total = 98 (157.7) RH 12. Paint Rock River (Alabama) ...... Public (Federal, State); ...... 46 (73.4) Private ...... 2 (4.1) Total = 48 (77.5) RH 13. Duck River (Tennessee) ...... Public (State, Local); ...... 32 (51.1) Private ...... 27 (43.7) Total = 59 (94.8) RH 14. Big Black River (Mississippi) ...... Private ...... Total = 4 (7)

Public ...... 212 (341) Private ...... 709 (1,141)

Total ...... 921 (1,482) Note: River miles may not sum due to rounding.

We present brief descriptions of all (Epioblasma brevidens), oyster mussel Franklin, Venango County. Riparian units, and reasons why they meet the (Epioblasma capsaeformis), slabside lands that border the unit include definition of critical habitat for the pearlymussel (Pleuronaia approximately 106 stream mi (170.6 km; longsolid and round hickorynut, below. (=Lexingtonia) dolabelloides), and 76 percent) in private ownership and 14 There are a total of 12 units for the fluted kidneyshell (Ptychobranchus stream mi (22.1 km; 24 percent) in longsolid and 14 units for round subtentus)) or federally threatened public (Federal or State) ownership. hickorynut, 8 of which overlap in part species (i.e., rabbitsfoot (Quadrula General land use on adjacent riparian or whole for both species, and all of cylindrica cylindrica), yellowfin lands and the surrounding HUC 8-level which contain all of the physical and madtom (Noturus flavipinnis), and management unit includes agriculture, biological features essential to the slender chub (Hybopsis cahni, listed as several State-managed game lands, the conservation of both species. Also, the Erimystax cahni)), as specified below. communities of Cambridge Springs and majority of proposed units overlap in LS 1: French Creek Venango, and the cities of Meadville part or whole with existing critical and Franklin. Union City Dam is habitat designated for other federally Unit LS 1 consists of 120 stream mi operated by the U.S. Army Corps of endangered species (i.e., diamond darter (191.5 km) of French Creek in Crawford, Engineers. Unit LS 1 is occupied by the (Crystallaria cincotta), Short’s Erie, Mercer, and Venango Counties, species and contains all of the physical bladderpod (Physaria globosa), purple Pennsylvania, from Union City Dam or biological features essential to the bean (Villosa perpurpurea), rough west of Union City, Erie County, conservation of the species. The entire rabbitsfoot (Quadrula cylindrica downstream to its confluence with the 120 stream mi (191.5 km) of this unit strigillata), Cumberlandian combshell Allegheny River near the City of overlaps with designated critical habitat

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for the federally threatened rabbitsfoot hydrograph, improvements to water approximately 14 stream mi (23.5 km; mussel (80 FR 24692; April 30, 2015). quality to reverse degradation resulting 99 percent) in private ownership and Threats identified within this unit from row crop agriculture and oil and 0.13 river mi (0.2 km; less than 1 include the degradation of habitat and gas development, and efforts to prevent percent) in public (local government) water quality from impoundments, the spread of invasive, nonnative ownership. General land use on siltation and pollution due to resource species (see Special Management adjacent riparian lands and the extraction, agriculture, timbering Considerations or Protection, above). surrounding HUC 8-level management practices, and human development; unit includes forestry and the LS 3: Shenango River flow reduction and water quality communities of Smithburg, Avondale, degradation due to water withdrawals Unit LS 3 is the same as Unit RH 1, and West Union. Unit LS 4 is occupied and wastewater treatment plants; and described below for the round by the species and contains all of the the presence of invasive, nonnative hickorynut. Unit LS 3 consists of 22 physical or biological features essential species. Special management river mi (35.5 km) of the Shenango River to the conservation of the species. considerations or protection measures to in Crawford County, Pennsylvania, from Threats identified within Unit LS 4 reduce or alleviate the threats may Pymatuning Dam downstream to the include degradation of habitat and water include monitoring water quality point of inundation by Shenango River quality from impoundments, siltation degradation within the species’ range Lake near Big Bend, Mercer County, and pollution due to improper resulting from row crop agriculture and Pennsylvania. Riparian lands that timbering practices, resource extraction, oil and gas development, and efforts to border the unit include approximately water withdrawals, development, and prevent the spread of invasive, 15 river mi (24.3 km; 32 percent) in wastewater treatment plants, and the nonnative species (see Special private ownership and 7 river mi (11.3 presence of invasive, nonnative species. Management Considerations or km; 68 percent) in public (Federal or Special management considerations or Protection, above). State) ownership. General land use on protection measures to reduce or adjacent riparian lands and the alleviate the threats may include actions LS 2: Allegheny River surrounding HUC 8-level management to alleviate the threats of water quality Unit LS 2 consists of 99 river mi unit includes the City of Greenville and and habitat degradation from (159.3 km) of the Allegheny River in its associated industry, and the hydrofracking wastewater discharges Warren, Crawford, Forest, Venango, and unincorporated communities of and impoundments downstream on the Clarion Counties, Pennsylvania, from Jamestown and New Harrisburg. Ohio River, and efforts to prevent the Kinzua Dam east of Warren, Warren Pymatuning Dam is owned by the State spread of invasive, nonnative species County, downstream to the of Pennsylvania. Unit LS 3 is occupied (see Special Management Pennsylvania Route 58 crossing at by the species and contains all of the Considerations or Protection, above). Foxburg, Clarion County, Pennsylvania. physical or biological features essential Riparian lands that border the unit to the conservation of the species. There LS 5: Little Kanawha River include approximately 15 river mi (24.1 is overlap of approximately 14.5 river Unit LS 5 partially overlaps with Unit km; 14 percent) in private ownership mi (23.4 km) of this unit with RH 5 for the round hickorynut, and 84 river mi (135.8 km; 86 percent) designated critical habitat for the described below. Unit LS 5 consists of in public (Federal or State government) federally threatened rabbitsfoot mussel 123 river mi (198 km) of the Little ownership. General land use on (80 FR 24692; April 30, 2015). Kanawha River in Calhoun, Gilmer, adjacent riparian lands and the Threats identified within Unit LS 3 Ritchie, and Wood Counties, West surrounding HUC 8-level management include the degradation of habitat and Virginia, from Burnsville Dam in unit includes forestry, agriculture, and water quality from impoundments, Braxton County downstream to its State-managed game lands. The public domestic and industrial pollution due to confluence with the Ohio River in land ownership for this unit is a human development, resource Parkersburg, Wood County, West combination of Allegheny National extraction, water withdrawals, and Virginia. Riparian lands that border the Forest lands and State lands, and the wastewater treatment plants, and the unit include approximately 122 river mi Kinzua Dam is operated by the U.S. presence of invasive, nonnative species. (197.2 km; 99 percent) in private Army Corps of Engineers. Unit LS 2 is Special management considerations or ownership and 0.53 river mi (0.9 km; occupied by the species and contains all protection measures to reduce or less than 1 percent) in public (Federal of the physical or biological features alleviate the threats may include or State government) ownership. essential to the conservation of the modifying dam releases from General land use on adjacent riparian species. There is overlap of Pytmatuning Dam to mimic the natural lands and the surrounding HUC 8-level approximately 35 river mi (57 km) of hydrograph, and efforts to prevent the management unit includes forestry, this unit with designated critical habitat spread of invasive, nonnative species agriculture, industry, and numerous for the federally threatened rabbitsfoot (see Special Management cities and municipalities. Burnsville mussel (80 FR 24692; April 30, 2015). Considerations or Protection, above). Dam is operated by the U.S. Army Corps Threats identified within Unit LS 2 of Engineers. Unit LS 5 is occupied by include the degradation of habitat and LS 4: Middle Island Creek the species and contains all of the water quality from impoundments, Unit LS 4 partially overlaps with Unit physical or biological features essential channelization, siltation and pollution RH 4 for the round hickorynut, to the conservation of the species. due to improper timbering practices, described below. Unit LS 4 consists of Threats identified within Unit LS 5 resource extraction, water withdrawals, 14 stream mi (23.7 km) of Middle Island include the degradation of habitat and development, and wastewater treatment Creek in Doddridge and Tyler Counties, water quality from impoundments, plants, and the presence of invasive, West Virginia, from the mouth of siltation and pollution due to improper nonnative species. Special management Meathouse Fork south of Smithburg, timbering practices, resource extraction, considerations or protection measures to Doddridge County, downstream to its water withdrawals, development, and reduce or alleviate the threats may confluence with Arnold Creek at the wastewater treatments plants, and the include modifying dam releases from Tyler/Doddridge County line. Riparian presence of invasive, nonnative species. Kinzua Dam to mimic the natural lands that border the unit include Special management considerations or

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protection measures to reduce or unit include approximately 18 river mi timbering practices, resource extraction, alleviate the threats may include (29.3 km; 90 percent) in private water withdrawals, development, and modifying dam releases from Burnsville ownership and 2 river mi (4.6 km; 10 wastewater treatment plants, and the Dam to mimic the natural hydrograph, percent) in public (Federal, State, and presence of invasive, nonnative species. and efforts to prevent the spread of local government) ownership. General Special management considerations or invasive, nonnative species (see Special land use on adjacent riparian lands and protection measures to reduce or Management Considerations or the surrounding HUC 8-level alleviate the threats may include Protection, above). management unit includes forestry, modifying dam releases from Cave Run agriculture, industry, and numerous Dam to mimic the natural hydrograph LS 6: Elk River cities and municipalities. London and and efforts to prevent the spread of Unit LS 6 is the same as Unit RH 6, Marmet locks and dams within this unit invasive, nonnative species (see Special described below for the round are operated by the U.S. Army Corps of Management Considerations or hickorynut. Unit LS 6 consists of 101 Engineers. Unit LS 7 is occupied by the Protection, above). river mi (163 km) of the Elk River in species and contains all of the physical LS 9: Green River Braxton, Clay, and Kanawha Counties, or biological features essential to the West Virginia, from Sutton Dam in conservation of the species. Unit LS 9 partially overlaps with Unit Braxton County downstream to its Threats identified within Unit LS 7 RH 11 for the round hickorynut, confluence with the Kanawha River at include the degradation of habitat and described below. Unit LS 9 consists of Charleston, Kanawha County, West water quality from impoundments, 156 river mi (251.6 km) of the Green Virginia. Riparian lands that border the siltation and pollution due to improper River in Butler/Warren, Edmonson, unit include approximately 93 river mi timbering practices, resource extraction, Green, Hart, and Taylor Counties, (150.3 km; 92 percent) in private water withdrawals, development, and Kentucky, from Green River Lake Dam ownership and 7 river mi (12.7 km; 8 wastewater treatment plants, and the south of Campbellsville in Taylor percent) in public (Federal, State, and presence of invasive, nonnative species. County downstream to its confluence local government) ownership. General Special management considerations or with the Barren River at Woodbury, land use on adjacent riparian lands and protection measures to reduce or Warren/Butler County, Kentucky. the surrounding HUC–8 level alleviate the threats may include Riparian lands that border the unit management unit includes forestry, modifying dam releases from London include approximately 105 river mi agriculture, industry, and numerous and Marmet locks and dams to mimic (169.2 km; 67 percent) in private cities and municipalities. Sutton Dam is the natural hydrograph, and efforts to ownership and 51 river mi (82.4 km; 33 operated by the U.S. Army Corps of prevent the spread of invasive, percent) in public (Federal, State, and Engineers. Unit LS 6 is occupied by the nonnative species (see Special local government) ownership; Federal species and contains all of the physical Management Considerations or lands include a portion of Mammoth or biological features essential to the Protection, above). Cave National Park. General land use on conservation of the species. There is adjacent riparian lands and the overlap of approximately 28 river mi LS 8: Licking River surrounding HUC 8-level management (44.6 km) of this unit with designated Unit LS 8 partially overlaps with Unit unit includes forestry, agriculture, critical habitat for the federally RH 8 for the round hickorynut, industry, and numerous cities and endangered diamond darter (78 FR described below. Unit LS 8 consists of municipalities, and Cave Run Dam is 52364; August 22, 2013). 181 river mi (291.5 km) of the Licking operated by the U.S. Army Corps of Threats identified within Unit LS 6 River in Bath, Campbell, Fleming, Engineers. Unit LS 9 is occupied by the include the degradation of habitat and Harrison, Kenton, Morgan, Nicholas, species and contains all of the physical water quality from impoundments, Pendleton, Robertson, and Rowan or biological features essential to the siltation and pollution due to improper Counties, Kentucky, from Cave Run conservation of the species. The entire timbering practices, resource extraction, Dam in Bath/Rowan Counties approximately 156-river-mi (252-km) water withdrawals, development, and downstream to its confluence with the unit overlaps with designated critical wastewater treatment plants, and the Ohio River at Newport, Campbell/ habitat for the federally endangered presence of invasive, nonnative species. Kenton County, Kentucky. Riparian diamond darter (78 FR 52364; August Special management considerations or lands that border the unit include 22, 2013) and the federally threatened protection measures to reduce or approximately 161 river mi (259.7 km; rabbitsfoot mussel (80 FR 24692; April alleviate the threats may include 90 percent) in private ownership and 19 30, 2015). modifying dam releases from Sutton river mi (31.7 km; 10 percent) in public Threats identified within Unit LS 9 Dam to mimic the natural hydrograph (Federal, State, and local government) include the degradation of habitat and and efforts to prevent the spread of ownership. General land use on water quality from impoundments and invasive, nonnative species (see Special adjacent riparian lands and the associated cold water discharges, Management Considerations or surrounding HUC 8-level management siltation and pollution due to improper Protection, above). unit includes forestry, agriculture timbering and agricultural practices, industry, and numerous cities and resource extraction, water withdrawals, LS 7: Kanawha River municipalities. The Cave Run Dam is and development, all of which affect Unit LS 7 partially overlaps with Unit operated by the U.S. Army Corps of channel stability; wastewater treatment RH 7 for the round hickorynut, Engineers. Unit LS 8 is occupied by the plants; and the presence of invasive, described below. Unit LS 7 consists of species and contains all of the physical nonnative species. Special management 21 river mi (33.9 km) of the Kanawha or biological features essential to the considerations or protection measures River in Fayette and Kanawha Counties, conservation of the species. may be needed to reduce or alleviate West Virginia, from Kanawha Falls in Threats identified within Unit LS 8 habitat degradation such as Fayette County downstream to its include the degradation of habitat and channelization and channel instability. confluence with Cabin Creek at water quality from impoundments and Additional special management Chelyan, Kanawha County, West associated cold water discharges, considerations or protection measures Virginia. Riparian lands that border the siltation and pollution due to improper may be needed to address thermal and

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flow regimes associated with tail water Tennessee, northwest of Thorn Hill. The several small municipalities (Princeton, releases from the Green River Lake Dam, Tennessee portion of this unit is also Hollytree, Trenton, and Paint Rock). and efforts to prevent the spread of encompassed by the Tennessee Wildlife Unit LS 12 is occupied by the species invasive, nonnative species (see Special Resources Agency’s Clinch River and contains all of the physical or Management Considerations or Sanctuary. Riparian lands that border biological features essential to the Protection, above). the unit include approximately 160 conservation of the species. There is river mi (258.8 km; 90 percent) in overlap of approximately 53 river mi (85 LS 10: Cumberland River private ownership and 17 river mi (27.3 km) of this unit with designated critical Unit LS 10 consists of 48 river mi km; 10 percent) in public (Federal and habitat for the federally endangered (77.5 km) of the Cumberland River in State) ownership. General land use on slabside pearlymussel (78 FR 59556; Smith, Trousdale, and Wilson Counties, adjacent riparian lands and the September 26, 2013) and the federally Tennessee, from Cordell Hull Dam north surrounding HUC 8-level management threatened rabbitsfoot mussel (80 FR of Carthage in Smith County unit includes forestry, agriculture, 24692; April 30, 2015). downstream to reservoir influence of industry, and numerous cities and Threats identified within Unit LS 12 Old Hickory Reservoir at U.S. Route 231 municipalities. Unit LS 11 is occupied include the degradation of habitat and north of Lebanon, Wilson County, by the species and contains all of the water quality from downstream Tennessee. Riparian lands that border physical or biological features essential impoundment, siltation and pollution the unit are all public (Federal) to the conservation of the species. There due to improper agricultural and ownership. General land use on is overlap of approximately 171 river mi timbering practices, resource extraction, adjacent riparian lands and the (274.4 km) of this unit with designated water withdrawals, development, and surrounding HUC 8-level management critical habitat for the federally wastewater treatment plants, and the unit includes forestry, agriculture, and endangered purple bean, oyster mussel, presence of invasive, nonnative species. the municipalities of Carthage and rough rabbitsfoot, and Cumberlandian Special management considerations or Rome, Tennessee; both Cordell Hull and combshell (69 FR 53136; August 31, protection measures to reduce or Old Hickory Dams upstream and 2004); the federally endangered slabside alleviate the threats may include downstream of this unit are operated by pearlymussel and fluted kidneyshell (78 management of Wheeler Reservoir the U.S. Army Corps of Engineers. Unit FR 59556; September 26, 2013); and downstream to provide additional LS 10 is occupied by the species and with the federally threatened yellowfin riverine habitat, working with contains all of the physical or biological madtom and slender chub (42 FR 45526; landowners to implement best features essential to the conservation of September 9, 1977). management practices to reduce erosion the species. There is overlap of Threats identified within Unit LS 11 and sedimentation associated with approximately 1 river mi (1.7 km) of this include the degradation of habitat and agricultural lands, and efforts to prevent unit with designated critical habitat for water quality from downstream the spread of invasive, nonnative the federally endangered Short’s impoundment, mining discharges, species (see Special Management bladderpod (79 FR 50990; August 26, siltation and pollution due to improper Considerations or Protection, above). 2014). timbering practices, resource extraction, RH 1: Shenango River Threats identified within Unit LS 10 water withdrawals, development, and include the degradation of habitat and wastewater treatment plants, and the Unit RH 1 is the same as Unit LS 3 water quality from upstream and presence of invasive, nonnative species. for the longsolid, described above. It downstream impoundments and Special management considerations or consists of 22 river mi (35.5 km) of the associated cold water discharges, protection measures to reduce or Shenango River in Crawford County, siltation and pollution due to improper alleviate the threats may include Pennsylvania, from Pymatuning Dam timbering practices, resource extraction, management of the Norris Reservoir downstream to the point of inundation water withdrawals, development, and downstream to provide additional by Shenango River Lake near Big Bend, wastewater treatment plants, and the riverine habitat, and efforts to prevent Mercer County, Pennsylvania. Riparian presence of invasive, nonnative species. the spread of invasive, nonnative lands that border the unit include Special management considerations or species (see Special Management approximately 15 river mi (24.3 km; 32 protection measures to reduce or Considerations or Protection, above). percent) in private ownership and 7 alleviate the threats may include river mi (11.1 km; 68 percent) in public LS 12: Paint Rock River channel stability, thermal regimes, (Federal or State) ownership. General altered flow regimes associated with tail Unit LS 12 partially overlaps with land use on adjacent riparian lands and water releases from Cordell Hull Unit RH 12 for the round hickorynut, the surrounding HUC 8-level Reservoir, actions to address described below. Unit LS 12 consists of management unit includes the City of channelization, and efforts to prevent 58 river mi (94.5 km) of the Paint Rock Greenville and its associated industry, the spread of invasive, nonnative River in Jackson and Madison/Marshall and the unincorporated communities of species (see Special Management Counties, Alabama, from the confluence Jamestown and New Harrisburg. Considerations or Protection, above). of Hurricane Creek and Estill Fork in Pymatuning Dam is owned by the State Jackson County, Alabama, downstream of Pennsylvania. Unit RH 1 is occupied LS 11: Clinch River to its confluence with the Tennessee by the species and contains all of the Unit LS 11 consists of 177 river mi River west of Hebron, Madison/Marshall physical or biological features essential (286.1 km) of the Clinch River in County, Alabama. Riparian lands that to the conservation of the species. There Russell, Scott, Tazewell, and Wise border the unit include approximately 2 is overlap of approximately 14.5 river Counties in Virginia, and Claiborne, river mi (4.1 km; 3 percent) in private mi (23.4 km) of this unit with Hancock, and Hawkins Counties in ownership and 56 river mi (90.4 km; 97 designated critical habitat for the Tennessee. This unit extends from percent) in public (Federal and State) federally threatened rabbitsfoot mussel Secondary Highway 637 west of ownership. General land use on (80 FR 24692; April 30, 2015). Pounding Mill in Tazewell County, adjacent riparian lands and the Threats identified within Unit RH 1 Virginia, downstream to County surrounding HUC 8-level management include the degradation of habitat and Highway 25, Claiborne County, unit includes forestry, agriculture, and water quality from impoundments,

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domestic and industrial pollution due to RH 3: Tippecanoe River occupied by the species and contains all human development, resource Unit RH 3 consists of 75 river mi of the physical or biological features extraction, water withdrawals, and (120.8 km) of the Tippecanoe River in essential to the conservation of the wastewater treatment plants, and the Fulton, Marshall, Pulaski, and Starke species. Threats identified within Unit RH 4 presence of invasive, nonnative species. Counties, Indiana, from the railroad include the degradation of habitat and Special management considerations or crossing west of the communities of water quality from siltation and protection measures to reduce or Tippecanoe, Marshall County, pollution due to improper timbering alleviate the threats may include downstream to the Pulaski/White practices, resource extraction, water modifying dam releases from County line, southwest of the withdrawals, development, and Pytmatuning Dam to mimic the natural community of Star City, Indiana. wastewater treatment plants, and the hydrograph, and efforts to prevent the Riparian lands that border the unit spread of invasive, nonnative species presence of invasive, nonnative species. include approximately 66 river mi Special management considerations or (see Special Management (105.6 km; 89 percent) in private Considerations or Protection, above). protection measures to reduce or ownership and 9 river mi (14.5 km; 11 alleviate the threats may include RH 2: Grand River percent) in public ownership. General monitoring hydrofracking wastewater land use on adjacent riparian lands and Unit RH 2 consists of 92 river mi discharges and impoundments the surrounding HUC 8-level downstream on the Ohio River, and (148.2 km) of the Grand River in management unit includes agriculture Ashtabula, Lake, and Trumbull implementing efforts to prevent the and the communities of Tippecanoe, spread of invasive, nonnative species Counties, Ohio, from the Trumbull/ Pershing, and Ora. Unit RH 3 is Geauga County line south of Lake (see Special Management occupied by the species and contains all Considerations or Protection, above). County, Ohio State Route 88, of the physical or biological features downstream to the mouth of the Grand essential to the conservation of the RH 5: Little Kanawha River River at its confluence with Lake Erie. species. There is overlap of Unit RH 5 partially overlaps with Unit Riparian lands that border the unit approximately 19 river mi (29.9 km) of LS 5 for the longsolid, also described include approximately 59 river mi (95.2 this unit with designated critical habitat above. Unit RH 5 consists of 110 river km; 64 percent) in private ownership for the federally threatened rabbitsfoot mi (176.6 km) of the Little Kanawha and 33 river mi (53 km; 36 percent) in mussel (80 FR 24692; April 30, 2015). River in Calhoun, Gilmer, Ritchie, and public (State and local government) Threats identified within Unit RH 3 Wood Counties, West Virginia, from ownership. The Grand River is a State include the degradation of habitat and Burnsville Dam in Braxton County Wild and Scenic River, with a ‘‘Wild water quality from impoundments, downstream to West Virginia Route 47 River’’ designation for approximately 23 domestic and industrial pollution due to at Parkersburg, Wood County, West river mi (37 km) from the Harpersfield human development, resource Virginia. Riparian lands that border the Covered Bridge downstream to the extraction, water withdrawals, and unit include approximately 109 river mi Norfolk and Western Railroad Trestle in wastewater treatment plants, and the (175.4 km; 99 percent) in private Lake County, and ‘‘Scenic River’’ presence of invasive, nonnative species. ownership and 0.7 river mi (1.2 km; 1 designation for approximately 33 river Special management considerations or percent) in public (Federal, State, and mi (53 km) from the U.S. 322 Bridge in protection measures to reduce or local government) ownership. General Ashtabula County downstream to the alleviate the threats may include land use on adjacent riparian lands and Harpersfield Covered Bridge. General modifying operations of downstream the surrounding HUC 8-level lands use on adjacent riparian lands and impoundments to provide additional management unit includes forestry, the surrounding HUC 8-level riverine habitats, and efforts to prevent agriculture, industry, and numerous management unit includes forestry, the spread of invasive, nonnative cities and municipalities. Burnsville agriculture, and several municipalities species (see Special Management Dam is operated by the U.S. Army Corps (West Farmington, Windsor, Rock Considerations or Protection, above). of Engineers. Unit RH 5 is occupied by Creek, and Perry). Harpersfield Dam is RH 4: Middle Island Creek the species and contains all of the operated by the U.S. Army Corps of physical or biological features essential Engineers. Unit RH 2 is occupied by the Unit RH 4 partially overlaps with Unit to the conservation of the species. species and contains all of the physical LS 4 for the longsolid, described above. Threats identified within Unit RH 5 or biological features essential to the Unit RH 4 consists of 75 stream mi include the degradation of habitat from conservation of the species. (120.8 km) of the Middle Island Creek impoundments, siltation and pollution Threats identified within Unit RH 2 in Doddridge, Pleasants, and Tyler due to improper timbering practices, include degradation of habitat and water Counties, West Virginia, from the Tyler/ resource extraction, water withdrawals, quality from impoundments, domestic Doddridge County line northeast of development, and wastewater treatment and industrial pollution due to human Deep Valley downstream to the plants, and the presence of invasive, development, resource extraction, water confluence with the Ohio River, at St. nonnative species. Special management withdrawals, and wastewater treatment Mary’s, Pleasants County, West Virginia. considerations or protection measures to plants, and the presence of invasive, Riparian lands that border the unit reduce or alleviate the threats may nonnative species. Special management include approximately 74.8 stream mi include modifying dam releases from considerations or protection measures to (120.4 km; 99 percent) in private Burnsville Dam to mimics the natural reduce or alleviate the threats may ownership and 0.2 stream mi (0.4 km; hydrograph, and efforts to prevent the include modifying dam releases from less than 1 percent) in public (Federal spread of invasive, nonnative species the Harpersfield Dam to mimic the and State) ownership. General land use (see Special Management natural hydrograph, and efforts to on adjacent riparian lands and the Considerations or Protection, above). prevent the spread of invasive, surrounding HUC 8-level management nonnative species (see Special unit includes the communities of RH 6: Elk River Management Considerations or Smithburg, Avondale, West Union, Unit RH 6 is the same as Unit LS 6 Protection, above). Alma, and Centerville. Unit RH 4 is for the longsolid, described above. Unit

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RH 6 consists of 101 river mi (163 km) Engineers. Unit RH 7 is occupied by the Management Considerations or of the Elk River in Braxton, Clay, and species and contains all of the physical Protection, above). Kanawha Counties, West Virginia, from or biological features essential to the RH 9: Rockcastle River the Sutton Dam in Braxton County conservation of the species. downstream to its confluence with the Threats identified within Unit RH 7 Unit RH 9 consists of 15.3 river mi Kanawha River at Charleston, Kanawha include the degradation of habitat and (24.6 km) of the Rockcastle River in County, West Virginia. Riparian lands water quality from impoundments, Laurel, Pulaski, and Rockcastle that border the unit include siltation and pollution due to improper Counties, Kentucky, from Kentucky approximately 93 river mi (150.3 km; 92 timbering practices, resource extraction, Route 1956 at Billows downstream to percent) in private ownership and 7 water withdrawals, development, and Kentucky Route 192, near its confluence river mi (12.7 km; 8 percent) in public wastewater treatment plants, and the with Cane Creek along the Laurel/ (Federal, State, and local government) presence of invasive, nonnative species. Pulaski County line, northwest of ownership. General land use on Special management considerations or Baldrock, Laurel County, Kentucky. adjacent riparian lands and the protection measures to reduce or Riparian lands that border the unit surrounding HUC 8-level management alleviate the threats may include include approximately 0.3 river mi (0.4 unit includes forestry, agriculture, modifying dam releases from London km; less than 1 percent) in private industry, and numerous cities and and Marmet locks and dams to mimic ownership and 15 river mi (24.2 km; 99 municipalities. Sutton Dam is operated the natural hydrograph, and efforts to percent) in public (Federal) ownership. Federal ownership is the Daniel Boone by the U.S. Army Corps of Engineers. prevent the spread of invasive, National Forest. General land use on Unit RH 6 is occupied by the species nonnative species (see Special adjacent riparian lands and the and contains all of the physical or Management Considerations or surrounding HUC 8-level management biological features essential to the Protection, above). conservation of the species. There is unit is predominantly forestry. Unit RH overlap of approximately 28 river mi RH 8: Licking River 9 is occupied by the species and contains all of the physical or biological (44.6 km) of this unit with the Unit RH 8 partially overlaps with Unit features essential to the conservation of designated critical habitat for the LS 8 for the longsolid, described above. the species. There is overlap of federally endangered diamond darter Unit RH 8 consists of 150 mi (241.9 km) (78 FR 52364; August 22, 2013). approximately 15 river mi (23.7 km) of of the Licking River in Bath, Campbell, this unit with designated critical habitat Threats identified within Unit RH 6 Fleming, Harrison, Kenton, Morgan, include the degradation of habitat and for the federally endangered fluted Nicholas, Pendleton, Robertson, and water quality from impoundments, kidneyshell (78 FR 59556; September Rowan Counties, Kentucky, from Cave siltation and pollution due to improper 26, 2013). Run Dam in Bath/Rowan Counties timbering practices, resource extraction, Threats identified within Unit RH 9 downstream to the Railroad crossing at water withdrawals, development, and include the degradation of habitat and the Campbell/Kenton/Pendleton County wastewater treatment plants, and the water quality from siltation and line at De Mossville, northwest of presence of invasive, nonnative species. pollution due to improper timbering Butler, Pendleton County, Kentucky. Special management considerations or practices and resource extraction, and Riparian lands that border the unit protection measures to reduce or the presence of invasive, nonnative include approximately 131 river mi alleviate the threats may include species. Special management modifying dam releases from Sutton (211.8 km; 87 percent) in private considerations or protection measures to Dam to mimic the natural hydrograph, ownership and 18 river mi (30 km; 13 reduce or alleviate the threats may and efforts to prevent the spread of percent) in public (Federal, State, and include management of Lake invasive, nonnative species (see Special local government) ownership. General Cumberland, located downstream, to Management Considerations or land use on adjacent riparian lands and provide more riverine habitat upstream, Protection, above). the surrounding HUC 8-level and efforts to prevent the spread of management unit includes forestry, invasive, nonnative species (see Special RH 7: Kanawha River agriculture industry, and numerous Management Considerations or Unit RH 7 partially overlaps with Unit cities and municipalities. Cave Run Protection, above). LS 7 for the longsolid, described above. Dam is operated by the U.S. Army Corps Unit RH 7 consists of 37.5 river mi (60.4 of Engineers. Unit RH 8 is occupied by RH 10: Buck Creek km) of the Kanawha River in Fayette the species and contains all of the Unit RH 10 consists of 36 stream mi and Kanawha Counties, West Virginia, physical or biological features essential (58.1 km) of Buck Creek in Pulaski from Kanawha Falls in Fayette County to the conservation of the species. County, Kentucky, from its confluence downstream to its confluence with the Threats identified within Unit RH 8 with Glade Fork Creek northeast of Elk River at Charleston, Kanawha include the degradation of habitat and Goochtown, downstream to its County, West Virginia. Riparian lands water quality from impoundments and confluence with Whetstone Creek, that border the unit include associated cold water discharges, northeast of Dykes, Pulaski County, approximately 33 river mi (53.2 km; 90 siltation and pollution due to improper Kentucky. Riparian lands that border percent) in private ownership and 4 timbering practices, resource extraction, the unit include approximately 33 river mi (7.2 km; 10 percent) in public water withdrawals, development, and stream mi (52.6 km; 92 percent) in (Federal, State, and local government) wastewater treatment plants, and the private ownership and 3 stream mi (5.5 ownership. General land use on presence of invasive, nonnative species. km; 8 percent) in public (State and local adjacent riparian lands and the Special management considerations or government) ownership. General land surrounding HUC 8-level management protection measures to reduce or use on adjacent riparian lands and the unit includes forestry, agriculture, alleviate the threats may include surrounding HUC 8-level management industry, and numerous cities and modifying dam releases from Cave Run unit includes forestry, agriculture, and municipalities. London and Marmet Dam to mimic the natural hydrograph, several small communities. Unit RH 10 locks and dams within this unit are and efforts to prevent the spread of is occupied by the species and contains operated by the U.S. Army Corps of invasive, nonnative species (see Special all of the physical or biological features

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essential to the conservation of the to improper timbering and agricultural management practices to reduce erosion species. There is overlap of practices, resource extraction, water and sedimentation associated with approximately 35 stream mi (56.7 km) withdrawals, and development, all of agricultural lands, and efforts to prevent with designated critical habitat for the which affect channel stability; the spread of invasive, nonnative federally endangered Cumberlandian wastewater treatment plants; and the species (see Special Management combshell and oyster mussel (69 FR presence of invasive, nonnative species. Considerations or Protection, above). 53136; August 31, 2004), and the Special management considerations or federally endangered fluted kidneyshell protection measures may be needed to RH 13: Duck River (78 FR 59556; September 26, 2013). reduce or alleviate habitat degradation Unit RH 13 consists of 59 river mi Threats identified within Unit RH 10 such as channelization and channel include the degradation of habitat and instability. Additional special (94.8 km) of the Duck River in Bedford, water quality from instream gravel management considerations or Marshall, and Maury Counties, mining, silviculture-related activities, protection measures may be needed to Tennessee, from its confluence with illegal off-road vehicle use, nonpoint address thermal and flow regimes Sinking Creek in Bedford County, source pollution from agriculture, and associated with tail water releases from downstream to the mouth of Goose development activities, and the the Green River Lake Dam, and efforts Creek, east of Columbia, Maury County, presence of invasive, nonnative species. to prevent the spread of invasive, Tennessee. Riparian lands that border Special management considerations or nonnative species (see Special the unit include approximately 27 river protection measures to reduce or Management Considerations or mi (43.7 km; 47 percent) in private alleviate the threats may include Protection, above). ownership and 32 river mi (51.1 km; 53 management of Lake Cumberland, percent) in public (State and local RH 12: Paint Rock River located downstream, to provide more government) ownership. General land riverine habitat upstream, and efforts to Unit RH 12 partially overlaps with use on adjacent riparian lands and the prevent the spread of invasive, Unit LS 12 for the longsolid, described surrounding HUC 8-level management nonnative species (see Special above. Unit RH 12 consists of 48 river unit includes forestry, agriculture, and Management Considerations or mi (77.5 km) of the Paint Rock River in several municipalities (Milltown, Protection, above). Jackson and Madison/Marshall Leftwich, and Philadelphia). Normandy Counties, Alabama, from the confluence Dam is operated by the Tennessee RH 11: Green River of Hurricane Creek and Estill Fork in Valley Authority. Unit RH 13 is Unit RH 11 partially overlaps with Jackson County, Alabama, downstream occupied by the species and contains all Unit LS 9 for the longsolid, described to U.S. Route 431, south of New Hope, of the physical or biological features above. Unit RH 11 consists of 98 river Madison/Marshall Counties, Alabama. mi (157.7 km) of the Green River in Riparian lands that border the unit essential to the conservation of the Butler/Warren, Edmonson, Green, and include approximately 2 river mi (4.1 species. There is overlap of Hart Counties, Kentucky, from the km; 2 percent) in private ownership and approximately 55 river mi (88.9 km) of mouth of Lynn Camp Creek east of 46 river mi (73.4 km; 98 percent) in this unit with designated critical habitat Linwood in Hart County downstream to public (Federal and State) ownership. for the federally endangered slabside its confluence with the Barren River at General land use on adjacent riparian pearlymussel and fluted kidneyshell (78 Woodbury, Warrant/Butler Counties, lands and the surrounding HUC 8-level FR 59556; September 26, 2013), and the Kentucky. Riparian lands that border management unit includes forestry, federally endangered Cumberlandian the unit include approximately 61 river agriculture, and several small combshell and oyster mussel (69 FR mi (98.4 km; 62 percent) in private municipalities (Princeton, Hollytree, 53136; August 31, 2004). ownership and 37 river mi (59.4 km; 38 Trenton, and Paint Rock). Unit RH 12 is Threats identified within Unit RH 13 percent) in public (Federal and State) occupied by the species and contains all include the degradation of habitat and ownership; Federal lands include a of the physical or biological features water quality from impoundments, portion of Mammoth Cave National essential to the conservation of the siltation and pollution due to improper Park. General land use on adjacent species. The entire approximately 48- timbering practices, agricultural riparian lands and the surrounding HUC river-mi (77.5-km) unit overlaps with activities (livestock), row crop 8-level management unit includes designated critical habitat for the agriculture and channelization, resource forestry, agriculture, industry, and federally endangered slabside extraction, water withdrawals, and numerous cities and municipalities, and pearlymussel (78 FR 59556; September wastewater treatment plants, and the Green River Lake Dam (located 26, 2013), and the federally threatened upstream of this unit) is operated by the rabbitsfoot mussel (80 FR 24692; April presence of invasive, nonnative species. U.S. Army Corps of Engineers. Unit RH 30, 2015). Special management considerations or 11 is occupied by the species and Threats identified within Unit RH 12 protection measures to reduce or contains all of the physical or biological include the degradation of habitat and alleviate the threats may include features essential to the conservation of water quality from impoundments, seasonally adjusted flow regimes the species. The entire 98-river-mi siltation and pollution due to improper associated with tail water releases from (157.7-km) unit overlaps with timbering practices, resource extraction, Normandy Dam, working with designated critical habitat for the water withdrawals, development, and landowners to implement best federally endangered diamond darter wastewater treatment plants, and the management practices to reduce erosion (78 FR 52364; August 22, 2013) and the presence of invasive, nonnative species. and sedimentation associated with federally threatened rabbitsfoot mussel Special management considerations or agricultural lands, planting adequate (80 FR 24692; April 30, 2015). protection measures to reduce or riparian buffers to minimize agriculture Threats identified within Unit RH 11 alleviate the threats may include impacts, and implementing efforts to include the degradation of habitat and management of Wheeler Reservoir prevent the spread of invasive, water quality from Green River Lake downstream to provide additional nonnative species (see Special Dam and associated cold water riverine habitat, working with Management Considerations or discharges, siltation and pollution due landowners to implement best Protection, above).

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RH 14: Big Black River agency) must enter into consultation Regulations at 50 CFR 402.16 set forth Unit RH 14 consists of 4 river mi (7 with us. Examples of actions that are requirements for Federal agencies to km) of the Big Black River in subject to the section 7 consultation reinitiate formal consultation on Montgomery County, Mississippi, from process are actions on State, tribal, previously reviewed actions. These its confluence with Poplar Creek in local, or private lands that require a requirements apply when the Federal Bedford County, downstream to its Federal permit (such as a permit from agency has retained discretionary confluence with Lewis Creek, the U.S. Army Corps of Engineers under involvement or control over the action Mississippi. Riparian lands that border section 404 of the Clean Water Act (33 (or the agency’s discretionary the unit are all (100 percent) in private U.S.C. 1251 et seq.) or a permit from the involvement or control is authorized by ownership. General land use on Service under section 10 of the Act) or law) and, subsequent to the previous adjacent riparian lands and the that involve some other Federal action consultation, we have listed a new surrounding HUC 8-level management (such as funding from the Federal species or designated critical habitat unit is predominantly agricultural Highway Administration, Federal that may be affected by the Federal activities. Unit RH 14 is occupied by the Aviation Administration, or the Federal action, the amount or extent of taking species and contains all of the physical Emergency Management Agency). specified in the incidental take or biological features essential to the Federal actions not affecting listed statement is exceeded, new information conservation of the species. species or critical habitat—and actions reveals effects of the action that may Threats identified within Unit RH 14 on State, tribal, local, or private lands affect listed species or critical habitat in include degradation of habitat and water that are not federally funded, a manner or to an extent not previously quality from impoundments, siltation authorized, or carried out by a Federal considered, or the action has been and pollution due to improper agency—do not require section 7 modified in a manner that affects the agricultural activities, row crop consultation. species or critical habitat in a way not agriculture and channelization, and Compliance with the requirements of considered in the previous consultation. water withdrawals, and the presence of section 7(a)(2) is documented through In such situations, Federal agencies invasive, nonnative species. Special our issuance of: sometimes may need to request management considerations or (1) A concurrence letter for Federal reinitiation of consultation with us, but protection measures to reduce or actions that may affect, but are not the regulations also specify some alleviate the threats may include likely to adversely affect, listed species exceptions to the requirement to working with landowners to implement or critical habitat; or reinitiate consultation on specific land best management practices to reduce (2) A biological opinion for Federal management plans after subsequently erosion and sedimentation associated actions that may affect, and are likely to listing a new species or designating new with agricultural lands and water adversely affect, listed species or critical critical habitat. See the regulations for a quality degradation, and efforts to habitat. description of those exceptions. prevent the spread of invasive, When we issue a biological opinion Application of the ‘‘Destruction or nonnative species (see Special concluding that a project is likely to Adverse Modification’’ Standard Management Considerations or jeopardize the continued existence of a The key factor related to the Protection, above). listed species and/or destroy or destruction or adverse modification adversely modify critical habitat, we Effects of Critical Habitat Designation determination is whether provide reasonable and prudent implementation of the proposed Federal Section 7 Consultation alternatives to the project, if any are action directly or indirectly alters the Section 7(a)(2) of the Act requires identifiable, that would avoid the designated critical habitat in a way that Federal agencies, including the Service, likelihood of jeopardy and/or appreciably diminishes the value of the to ensure that any action they fund, destruction or adverse modification of critical habitat as a whole for the authorize, or carry out is not likely to critical habitat. We define ‘‘reasonable conservation of the listed species. As jeopardize the continued existence of and prudent alternatives’’ (at 50 CFR discussed above, the role of critical any endangered species or threatened 402.02) as alternative actions identified habitat is to support physical or species or result in the destruction or during consultation that: biological features essential to the adverse modification of designated (1) Can be implemented in a manner conservation of a listed species and critical habitat of such species. In consistent with the intended purpose of provide for the conservation of the addition, section 7(a)(4) of the Act the action, species. requires Federal agencies to confer with (2) Can be implemented consistent Section 4(b)(8) of the Act requires us the Service on any agency action which with the scope of the Federal agency’s to briefly evaluate and describe, in any is likely to jeopardize the continued legal authority and jurisdiction, proposed or final regulation that existence of any species proposed to be (3) Are economically and designates critical habitat, activities listed under the Act or result in the technologically feasible, and involving a Federal action that may destruction or adverse modification of (4) Would, in the Service Director’s violate section 7(a)(2) of the Act by proposed critical habitat. opinion, avoid the likelihood of destroying or adversely modifying such We published a final rule revising the jeopardizing the continued existence of habitat, or that may be affected by such definition of destruction or adverse the listed species and/or avoid the designation. modification on August 27, 2019 (84 FR likelihood of destroying or adversely Activities that the Services may, 44976). Destruction or adverse modifying critical habitat. during a consultation under section modification means a direct or indirect Reasonable and prudent alternatives 7(a)(2) of the Act, find are likely to alteration that appreciably diminishes can vary from slight project destroy or adversely modify critical the value of critical habitat as a whole modifications to extensive redesign or habitat include, but are not limited to, for the conservation of a listed species. relocation of the project. Costs actions that would: (1) Alter the If a Federal action may affect a listed associated with implementing a geomorphology of their stream and river species or its critical habitat, the reasonable and prudent alternative are habitats (e.g., instream excavation or responsible Federal agency (action similarly variable. dredging, impoundment,

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channelization, sand and gravel mining, (9) Office of Surface Mining (land we consider the economic impact that clearing riparian vegetation, and resource management plans, mining may result from a designation of critical discharge of fill materials); (2) permits, oil and natural gas permits, habitat. To assess the probable significantly alter the existing flow abandoned mine land projects, and economic impacts of a designation, we regime where these species occur (e.g., renewable energy development). must first evaluate specific land uses or impoundment, urban development, (10) National Park Service (land activities and projects that may occur in water diversion, water withdrawal, management plans and permitting). the area of the critical habitat. We then water draw-down, and hydropower must evaluate the impacts that a specific Exemptions generation); (3) significantly alter water critical habitat designation may have on chemistry or water quality (e.g., Application of Section 4(a)(3) of the Act restricting or modifying specific land uses or activities for the benefit of the hydropower discharges, or the release of Section 4(a)(3)(B)(i) of the Act (16 species and their habitat within the chemicals, biological pollutants, or U.S.C. 1533(a)(3)(B)(i)) provides that: areas proposed. We then identify which heated effluents into surface water or ‘‘The Secretary shall not designate as conservation efforts may be the result of connected groundwater at a point critical habitat any lands or other the species being listed under the Act source or by dispersed release (nonpoint geographical areas owned or controlled source)); and (4) significantly alter versus those attributed solely to the by the Department of Defense, or designation of critical habitat for these stream bed material composition and designated for its use, that are subject to quality by increasing sediment particular species. The probable an integrated natural resources economic impact of a proposed critical deposition or filamentous algal growth management plan [INRMP] prepared (e.g., construction projects, gravel and habitat designation is analyzed by under section 101 of the Sikes Act (16 comparing scenarios both ‘‘with critical sand mining, oil and gas development, U.S.C. 670a), if the Secretary determines coal mining, livestock grazing, timber habitat’’ and ‘‘without critical habitat.’’ in writing that such plan provides a The ‘‘without critical habitat’’ harvest, and other watershed and benefit to the species for which critical floodplain disturbances that release scenario represents the baseline for the habitat is proposed for designation.’’ analysis, which includes the existing sediments or nutrients into the water). There are no Department of Defense Consulting agencies and such activities regulatory and socio-economic burden (DoD) lands within the proposed critical imposed on landowners, managers, or could include, but are not limited to: habitat designation. (1) U.S. Army Corps of Engineers other resource users potentially affected (channel dredging and maintenance; Consideration of Impacts Under Section by the designation of critical habitat dam projects including flood control, 4(b)(2) of the Act (e.g., under the Federal listing as well as other Federal, State, and local navigation, hydropower, and water Section 4(b)(2) of the Act states that supply; and Clean Water Act permitting regulations). The baseline, therefore, the Secretary shall designate and make represents the costs of all efforts including bridge projects and stream revisions to critical habitat on the basis restoration activities). attributable to the listing of the species of the best available scientific data after under the Act (i.e., conservation of the (2) U.S. Department of Agriculture, taking into consideration the economic species and its habitat incurred including the Natural Resources impact, national security impact, and regardless of whether critical habitat is Conservation Service and Farm Service any other relevant impact of specifying designated). The ‘‘with critical habitat’’ Agency (technical and financial any particular area as critical habitat. scenario describes the incremental assistance for projects) and the Forest The Secretary may exclude an area from impacts associated specifically with the Service (aquatic habitat restoration, fire critical habitat if he determines that the designation of critical habitat for the management plans, fire suppression, benefits of such exclusion outweigh the species. The incremental conservation fuel reduction treatments, forest plans, benefits of specifying such area as part efforts and associated impacts would and mining permits). of the critical habitat, unless he not be expected without the designation (3) U.S. Department of Energy determines, based on the best scientific of critical habitat for the species. In (renewable and alternative energy data available, that the failure to other words, the incremental costs are projects). designate such area as critical habitat those attributable solely to the (4) Federal Energy Regulatory will result in the extinction of the designation of critical habitat, above and Commission (interstate pipeline species. In making the determination to beyond the baseline costs. These are the construction and maintenance, dam exclude a particular area, the statute on costs we use when evaluating the relicensing, and hydrokinetics). its face, as well as the legislative history, benefits of inclusion and exclusion of (5) U.S. Department of Transportation are clear that the Secretary has broad particular areas from the final (highway and bridge construction and discretion regarding which factor(s) to designation of critical habitat should we maintenance). use and how much weight to give to any choose to conduct a discretionary (6) U.S. Fish and Wildlife Service factor. 4(b)(2) exclusion analysis. (issuance of section 10 permits for The first sentence in section 4(b)(2) of For these particular designations, we enhancement of survival, habitat the Act requires that we take into developed an incremental effects conservation plans, and safe harbor consideration the economic, national memorandum (IEM; Service 2020b, agreements; Partners for Fish and security, or other relevant impacts of entire) considering the probable Wildlife program projects benefiting designating any particular area as incremental economic impacts that may these species or other listed species; and critical habitat. We describe below the result from this proposed designation of Wildlife and Sportfish Restoration process that we undertook for taking critical habitat. The information program sportfish stocking). into consideration each category of contained in our IEM was then used to (7) Environmental Protection Agency impacts and our analyses of the relevant develop a screening analysis of the (water quality criteria and permitting). impacts. probable effects of the designation of (8) Tennessee Valley Authority (flood critical habitat for the longsolid and control, navigation, hydropower, and Consideration of Economic Impacts round hickorynut (Industrial land management for the Tennessee Section 4(b)(2) of the Act and its Economics, Inc. 2020, entire). We began River system). implementing regulations require that by conducting a screening analysis of

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the proposed critical habitat designation of fill materials; urban development; biological features of critical habitat. in order to filter out particular water diversion; water withdrawal; The IEM outlines our rationale geographic areas of critical habitat that water draw-down; hydropower concerning this limited distinction are already subject to such protections generation and discharges; release of between baseline conservation efforts and are, therefore, unlikely to incur chemicals, biological pollutants, or and incremental impacts of the incremental economic impacts. In heated effluents into surface water or designation of critical habitat for this particular, the screening analysis connected ground water at a point species. This evaluation of the considers baseline costs (i.e., absent source or by dispersed release incremental effects has been used as the critical habitat designation) and (nonpoint); construction projects; oil basis to evaluate the probable includes probable economic impacts and gas development; coal mining; incremental economic impacts of this where land and water use may be livestock grazing; timber harvest; and proposed designation of critical habitat. subject to conservation plans, land other watershed or floodplain activities The proposed critical habitat management plans, best management that release sediments or nutrients into designation for the longsolid includes practices, or regulations that protect the the water. We considered each industry 12 units, all of which are occupied by habitat area as a result of the Federal or category individually. Additionally, the species. Ownership of riparian lands listing status of the species. Ultimately, we considered whether their activities adjacent to the proposed units includes the screening analysis allows us to focus have any Federal involvement. Critical 810 river mi (1,304 km; 74 percent) in our analysis on evaluating the specific habitat designation generally will not private ownership and 305 river mi (491 areas or sectors that may incur probable affect activities that do not have any km; 26 percent) in public (Federal, incremental economic impacts as a Federal involvement; under the Act, State, or local government) ownership. result of the designation. The screening designation of critical habitat only The proposed critical habitat analysis also assesses whether units are affects activities conducted, funded, designation for the round hickorynut unoccupied by the species and thus may permitted, or authorized by Federal includes 14 units, all of which are require additional management or agencies. If we list these species, in occupied by the species. Ownership of conservation efforts as a result of the areas where the longsolid or round riparian lands adjacent to the proposed critical habitat designation for the hickorynut are present, Federal agencies units includes 709 river mi (1,141 km; species; these additional efforts may would be required to consult with the 77 percent) in private ownership and incur incremental economic impacts. Service under section 7 of the Act on 212 river mi (341 km; 23 percent) in This screening analysis combined with activities they authorize, fund, or carry public (Federal, State, or local the information contained in our IEM out that may affect the species. If, when government) ownership. Total incremental costs of critical are what we consider our draft we list these species, we also finalize habitat designation for the longsolid and economic analysis (DEA) of the this proposed critical habitat round hickorynut are anticipated to be proposed critical habitat designation for designation, consultations to avoid the approximately $327,000 (2020 dollars) the longsolid and round hickorynut; our destruction or adverse modification of per year for the next 10 years. The costs DEA is summarized in the narrative critical habitat would be incorporated are reflective of the proposed critical below. into the existing consultation process. habitat area (i.e., 1,115 river mi (1,794 Executive Orders (E.O.s) 12866 and In our IEM, we attempted to clarify km) for the longsolid and 921 river mi 13563 direct Federal agencies to assess the distinction between the effects that (1,482 km) for the round hickorynut the costs and benefits of available would result from the species being (some of which overlap each other)), the regulatory alternatives in quantitative listed and those attributable to the presence of the species (i.e., already (to the extent feasible) and qualitative critical habitat designation (i.e., occupied) in these areas, and the terms. Consistent with the E.O. difference between the jeopardy and presence of other federally listed species regulatory analysis requirements, our adverse modification standards) for the and designated critical habitats. Since effects analysis under the Act may take longsolid’s and round hickorynut’s consultation is already required in these into consideration impacts to both critical habitat. Because the designation areas as a result of the presence of other directly and indirectly affected entities, of critical habitat for the longsolid and listed species and critical habitats and where practicable and reasonable. If round hickorynut is proposed would be required as a result of the sufficient data are available, we assess, concurrently with the listings, it has listing of the longsolid and round to the extent practicable, the probable been our experience that it is more hickorynut, the economic costs of the impacts to both directly and indirectly difficult to discern which conservation critical habitat designation would likely affected entities. As part of our efforts are attributable to the species’ be primarily limited to additional screening analysis, we considered the being listed and those which would administrative efforts to consider types of economic activities that are result solely from the designation of adverse modification for these two likely to occur within the areas likely critical habitat; this is particularly species in section 7 consultations. In affected by the critical habitat difficult where there is no unoccupied total, 159 section 7 consultation actions designation. In our evaluation of the critical habitat and, thus, there would (approximately 3 formal consultations, probable incremental economic impacts already be consultations for all areas. 114 informal consultations, and 38 that may result from the proposed However, the following specific technical assistance efforts) are designation of critical habitat for the circumstances in this case help to anticipated to occur annually in longsolid and round hickorynut, first we inform our evaluation: (1) The essential proposed critical habitat areas. Critical identified, in the IEM dated February physical or biological features identified habitat may also trigger additional 13, 2020 (Service 2020b, entire), for critical habitat are the same features regulatory changes. For example, the probable incremental economic impacts essential for the life requisites of the designation may cause other Federal, associated with the following categories species, and (2) any actions that would State, or local permitting or regulatory of activities: Instream excavation or result in sufficient harm or harassment agencies to expand or change standards dredging; impoundments; to constitute jeopardy to the longsolid or or requirements. Regulatory uncertainty channelization; sand and gravel mining; round hickorynut would also likely generated by critical habitat may also clearing riparian vegetation; discharge adversely affect the essential physical or have impacts. For example, landowners

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or buyers may perceive that the rule designation under authority of section for improvements in the nation’s would restrict land or water use 4(b)(2) and our implementing regulatory system to promote activities in some way and therefore regulations at 50 CFR 424.19. predictability, to reduce uncertainty, value the use of the land less than they and to use the best, most innovative, Consideration of National Security would have absent critical habitat. This and least burdensome tools for Impacts is a perception, or stigma, effect of achieving regulatory ends. The critical habitat on markets. In preparing this proposal, we have executive order directs agencies to We are soliciting data and comments determined that the lands within the consider regulatory approaches that from the public on the DEA discussed proposed designation of critical habitat reduce burdens and maintain flexibility above, as well as all aspects of this for longsolid or round hickorynut are and freedom of choice for the public proposed rule and our required not owned, managed, or used by the where these approaches are relevant, determinations. During the development DoD or DHS, and, therefore, we feasible, and consistent with regulatory of a final designation, we will consider anticipate no impact on national objectives. E.O. 13563 emphasizes the information presented in the DEA security or homeland security. However, further that regulations must be based and any additional information on during the development of a final on the best available science and that economic impacts we receive during the designation we will consider any the rulemaking process must allow for public comment period to determine additional information received through public participation and an open whether any specific areas should be the public comment period on the exchange of ideas. We have developed excluded from the final critical habitat impacts of the proposed designation on this proposed rule in a manner designations under authority of section national security or homeland security consistent with these requirements. 4(b)(2) and our implementing to determine whether any specific areas regulations at 50 CFR 424.19. In should be excluded from the final Regulatory Flexibility Act (5 U.S.C. 601 particular, we may exclude an area from critical habitat designation under et seq.) critical habitat if we determine that the authority of section 4(b)(2) and our Under the Regulatory Flexibility Act benefits of excluding the area outweigh implementing regulations at 50 CFR (RFA; 5 U.S.C. 601 et seq.), as amended the benefits of including the area, 424.19. by the Small Business Regulatory provided the exclusion will not result in Enforcement Fairness Act of 1996 Required Determinations the extinction of either species. (SBREFA; 5 U.S.C. 801 et seq.), Clarity of the Rule whenever an agency is required to Exclusions We are required by Executive Orders publish a notice of rulemaking for any Under section 4(b)(2) of the Act, we 12866 and 12988 and by the proposed or final rule, it must prepare consider any other relevant impacts, in Presidential Memorandum of June 1, and make available for public comment addition to economic impacts and 1998, to write all rules in plain a regulatory flexibility analysis that impacts on national security discussed describes the effects of the rule on small language. This means that each rule we above. We consider a number of factors entities (i.e., small businesses, small publish must: including whether there are permitted (1) Be logically organized; organizations, and small government conservation plans covering the species (2) Use the active voice to address jurisdictions). However, no regulatory in the area, such as habitat conservation readers directly; flexibility analysis is required if the plans, safe harbor agreements, or (3) Use clear language rather than head of the agency certifies the rule will candidate conservation agreements with jargon; not have a significant economic impact assurances, or whether there are non- (4) Be divided into short sections and on a substantial number of small permitted conservation agreements and sentences; and entities. The SBREFA amended the RFA partnerships that would be encouraged (5) Use lists and tables wherever to require Federal agencies to provide a by designation of, or exclusion from, possible. certification statement of the factual critical habitat. In addition, we look at If you feel that we have not met these basis for certifying that the rule will not the existence of tribal conservation requirements, send us comments by one have a significant economic impact on plans and partnerships and consider the of the methods listed in ADDRESSES. To a substantial number of small entities. government-to-government relationship better help us revise the rule, your According to the Small Business of the United States with tribal entities. comments should be as specific as Administration, small entities include We also consider any social impacts that possible. For example, you should tell small organizations such as might occur because of the designation. us the numbers of the sections or independent nonprofit organizations; In preparing this proposal, we have paragraphs that are unclearly written, small governmental jurisdictions, determined that there are currently no which sections or sentences are too including school boards and city and habitat conservation plans or other long, the sections where you feel lists or town governments that serve fewer than management plans for the longsolid or tables would be useful, etc. 50,000 residents; and small businesses round hickorynut, and the proposed (13 CFR 121.201). Small businesses designations do not include any tribal Regulatory Planning and Review include manufacturing and mining lands or trust resources. Thus, we (Executive Orders 12866 and 13563) concerns with fewer than 500 anticipate no impact on tribal lands, Executive Order 12866 provides that employees, wholesale trade entities partnerships, or habitat conservation the Office of Information and Regulatory with fewer than 100 employees, retail plans from these proposed critical Affairs (OIRA) in the Office of and service businesses with less than $5 habitat designations. During the Management and Budget will review all million in annual sales, general and development of a final designation, we significant rules. The Office of heavy construction businesses with less will consider any additional Information and Regulatory Affairs has than $27.5 million in annual business, information we receive during the waived their review regarding their special trade contractors doing less than public comment period regarding other significance determination of this $11.5 million in annual business, and relevant impacts to determine whether proposed rule. agricultural businesses with annual any specific areas should be excluded Executive Order 13563 reaffirms the sales less than $750,000. To determine from the final critical habitat principles of E.O. 12866 while calling if potential economic impacts to these

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small entities are significant, we however, the Office of Information and Child Nutrition; Food Stamps; Social considered the types of activities that Regulatory Affairs has waived their Services Block Grants; Vocational might trigger regulatory impacts under review regarding their E.O. 12866 Rehabilitation State Grants; Foster Care, this designation as well as types of significance determination of this Adoption Assistance, and Independent project modifications that may result. In proposed rule. Living; Family Support Welfare general, the term ‘‘significant economic Services; and Child Support Energy Supply, Distribution, or Use— impact’’ is meant to apply to a typical Enforcement. ‘‘Federal private sector Executive Order 13211 small business firm’s business mandate’’ includes a regulation that operations. Executive Order 13211 (Actions ‘‘would impose an enforceable duty Under the RFA, as amended, and as Concerning Regulations That upon the private sector, except (i) a understood in the light of recent court Significantly Affect Energy Supply, condition of Federal assistance or (ii) a decisions, Federal agencies are required Distribution, or Use) requires agencies duty arising from participation in a to evaluate the potential incremental to prepare Statements of Energy Effects voluntary Federal program.’’ impacts of rulemaking on those entities when undertaking certain actions. The designation of critical habitat directly regulated by the rulemaking Facilities that provide energy supply, does not impose a legally binding duty itself; in other words, the RFA does not distribution, or use occur within some on non-Federal Government entities or require agencies to evaluate the units of the proposed critical habitat private parties. Under the Act, the only potential impacts to indirectly regulated designations (e.g., dams, pipelines) and regulatory effect is that Federal agencies entities. The regulatory mechanism may potentially be affected. We must ensure that their actions do not through which critical habitat determined that consultations, technical destroy or adversely modify critical protections are realized is section 7 of assistance, and requests for species lists habitat under section 7. While non- the Act, which requires Federal may be necessary in some instances. Federal entities that receive Federal agencies, in consultation with the However, in our economic analysis, we funding, assistance, or permits, or that Service, to ensure that any action did not find that these proposed critical otherwise require approval or authorized, funded, or carried out by the habitat designations would significantly authorization from a Federal agency for agency is not likely to destroy or affect energy supplies, distribution, or an action, may be indirectly impacted adversely modify critical habitat. use. Therefore, this action is not a by the designation of critical habitat, the Therefore, under section 7, only Federal significant energy action, and no legally binding duty to avoid action agencies are directly subject to Statement of Energy Effects is required. destruction or adverse modification of the specific regulatory requirement Unfunded Mandates Reform Act (2 critical habitat rests squarely on the (avoiding destruction and adverse U.S.C. 1501 et seq.) Federal agency. Furthermore, to the modification) imposed by critical extent that non-Federal entities are habitat designation. Consequently, it is In accordance with the Unfunded indirectly impacted because they our position that only Federal action Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate agencies would be directly regulated if seq.), we make the following finding: in a voluntary Federal aid program, the we adopt the proposed critical habitat (1) This proposed rule would not Unfunded Mandates Reform Act would designations. There is no requirement produce a Federal mandate. In general, not apply, nor would critical habitat under the RFA to evaluate the potential a Federal mandate is a provision in shift the costs of the large entitlement impacts to entities not directly legislation, statute, or regulation that programs listed above onto State regulated. Moreover, Federal agencies would impose an enforceable duty upon governments. are not small entities. Therefore, State, local, or tribal governments, or the (2) We do not believe that this rule because no small entities would be private sector, and includes both would significantly or uniquely affect directly regulated by this rulemaking, ‘‘Federal intergovernmental mandates’’ small governments because it will not the Service certifies that, if made final and ‘‘Federal private sector mandates.’’ produce a Federal mandate of $100 as proposed, the proposed critical These terms are defined in 2 U.S.C. million or greater in any year, that is, it habitat designations will not have a 658(5)–(7). ‘‘Federal intergovernmental is not a ‘‘significant regulatory action’’ significant economic impact on a mandate’’ includes a regulation that under the Unfunded Mandates Reform substantial number of small entities. ‘‘would impose an enforceable duty Act. The designation of critical habitat In summary, we have considered upon State, local, or tribal governments’’ imposes no obligations on State or local whether the proposed designations with two exceptions. It excludes ‘‘a governments and, as such, a Small would result in a significant economic condition of Federal assistance.’’ It also Government Agency Plan is not impact on a substantial number of small excludes ‘‘a duty arising from required. Therefore, a Small entities. For the above reasons and participation in a voluntary Federal Government Agency Plan is not based on currently available program,’’ unless the regulation ‘‘relates required. information, we certify that, if made to a then-existing Federal program Takings—Executive Order 12630 final, the proposed critical habitat under which $500,000,000 or more is designations will not have a significant provided annually to State, local, and In accordance with E.O. 12630 economic impact on a substantial tribal governments under entitlement (Government Actions and Interference number of small business entities. authority,’’ if the provision would with Constitutionally Protected Private Therefore, an initial regulatory ‘‘increase the stringency of conditions of Property Rights), we have analyzed the flexibility analysis is not required. assistance’’ or ‘‘place caps upon, or potential takings implications of otherwise decrease, the Federal designating critical habitat for the Executive Order 13771 Government’s responsibility to provide longsolid and round hickorynut in a We do not believe this proposed rule funding,’’ and the State, local, or tribal takings implications assessment. The is an E.O. 13771 (‘‘Reducing Regulation governments ‘‘lack authority’’ to adjust Act does not authorize the Service to and Controlling Regulatory Costs’’) (82 accordingly. At the time of enactment, regulate private actions on private lands FR 9339, February 3, 2017) regulatory these entitlement programs were: or confiscate private property as a result action because we believe this rule is Medicaid; Aid to Families with of critical habitat designation. not significant under E.O. 12866; Dependent Children work programs; Designation of critical habitat does not

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affect land ownership, or establish any affect critical habitat, consultation Government-to-Government closures, or restrictions on use of or under section 7(a)(2) of the Act would Relationship With Tribes access to the designated areas. be required. While non-Federal entities Furthermore, the designation of critical that receive Federal funding, assistance, In accordance with the President’s habitat does not affect landowner or permits, or that otherwise require memorandum of April 29, 1994 actions that do not require Federal approval or authorization from a Federal (Government-to-Government Relations funding or permits, nor does it preclude agency for an action, may be indirectly with Native American Tribal development of habitat conservation impacted by the designation of critical Governments; 59 FR 22951), Executive programs or issuance of incidental take habitat, the legally binding duty to Order 13175 (Consultation and permits to permit actions that do require avoid destruction or adverse Coordination with Indian Tribal Federal funding or permits to go modification of critical habitat rests Governments), and the Department of forward. However, Federal agencies are squarely on the Federal agency. the Interior’s manual at 512 DM 2, we prohibited from carrying out, funding, readily acknowledge our responsibility or authorizing actions that would Civil Justice Reform—Executive Order 12988 to communicate meaningfully with destroy or adversely modify critical recognized Federal Tribes on a habitat. A takings implications In accordance with Executive Order government-to-government basis. In assessment has been completed for the 12988 (Civil Justice Reform), the Office accordance with Secretarial Order 3206 proposed designations of critical habitat of the Solicitor has determined that the of June 5, 1997 (American Indian Tribal for the longsolid and round hickorynut, rule would not unduly burden the Rights, Federal-Tribal Trust and it concludes that, if adopted, these judicial system and that it meets the Responsibilities, and the Endangered designations of critical habitat do not requirements of sections 3(a) and 3(b)(2) pose significant takings implications for Species Act), we readily acknowledge of the Order. We have proposed our responsibilities to work directly lands within or affected by the designating critical habitat in with tribes in developing programs for designations. accordance with the provisions of the healthy ecosystems, to acknowledge that Act. To assist the public in Federalism—Executive Order 13132 tribal lands are not subject to the same understanding the habitat needs of the In accordance with E.O. 13132 species, this proposed rule identifies the controls as Federal public lands, to (Federalism), this proposed rule does elements of physical or biological remain sensitive to Indian culture, and not have significant Federalism effects. features essential to the conservation of to make information available to tribes. A federalism summary impact statement the species. The proposed areas of We have determined that no tribal lands is not required. In keeping with designated critical habitat are presented fall within the boundaries of the Department of the Interior and proposed critical habitat designations Department of Commerce policy, we on maps, and the proposed rule provides several options for the for the longsolid and round hickorynut, requested information from, and so no tribal lands would be affected by coordinated development of these interested public to obtain more the proposed designations. proposed critical habitat designations detailed location information, if desired. with, appropriate State resource Paperwork Reduction Act of 1995 (44 References Cited agencies. From a federalism perspective, U.S.C. 3501 et seq.) the designation of critical habitat A complete list of references cited in directly affects only the responsibilities This rule does not contain the petition finding for the purple of Federal agencies. The Act imposes no information collection requirements, lilliput and this rulemaking for the other duties with respect to critical and a submission to the Office of longsolid and round hickorynut is habitat, either for States and local Management and Budget (OMB) under available on the internet at http:// governments, or for anyone else. As a the Paperwork Reduction Act of 1995 www.regulations.gov and upon request result, the proposed rule does not have (44 U.S.C. 3501 et seq.) is not required. from the Asheville Ecological Services We may not conduct or sponsor and you substantial direct effects either on the Field Office (see FOR FURTHER are not required to respond to a States, or on the relationship between INFORMATION CONTACT). the national government and the States, collection of information unless it or on the distribution of powers and displays a currently valid OMB control Authors responsibilities among the various number. levels of government. The proposed The primary authors of this document National Environmental Policy Act (42 are the staff members of the Fish and designations may have some benefit to U.S.C. 4321 et seq.) these governments because the areas Wildlife Service’s Species Assessment that contain the features essential to the It is our position that, outside the Team, Ecological Services Program, and conservation of the species are more jurisdiction of the U.S. Court of Appeals the Service’s Asheville Ecological clearly defined, and the physical or for the Tenth Circuit, we do not need to Services Field Office. prepare environmental analyses biological features of the habitat List of Subjects in 50 CFR Part 17 necessary for the conservation of the pursuant to the National Environmental species are specifically identified. This Policy Act (NEPA; 42 U.S.C. 4321 et Endangered and threatened species, information does not alter where and seq.) in connection with designating Exports, Imports, Reporting and what federally sponsored activities may critical habitat under the Act. We recordkeeping requirements, occur. However, it may assist State and published a notice outlining our reasons Transportation. local governments in long-range for this determination in the Federal planning because they no longer have to Register on October 25, 1983 (48 FR Proposed Regulation Promulgation wait for case-by-case section 7 49244). This position was upheld by the Accordingly, we propose to amend consultations to occur. U.S. Court of Appeals for the Ninth Where State and local governments Circuit (Douglas County v. Babbitt, 48 part 17, subchapter B of chapter I, title require approval or authorization from a F.3d 1495 (9th Cir. 1995), cert. denied 50 of the Code of Federal Regulations, Federal agency for actions that may 516 U.S. 1042 (1996)). as set forth below:

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PART 17—ENDANGERED AND Authority: 16 U.S.C. 1361–1407; 1531– order under CLAMS to read as set forth THREATENED WILDLIFE AND PLANTS 1544; and 4201–4245, unless otherwise below: noted. ■ 2. Amend § 17.11(h) by adding entries § 17.11 Endangered and threatened ■ 1. The authority citation for part 17 wildlife. continues to read as follows: for ‘‘Hickorynut, round’’ and ‘‘Longsolid’’ to the List of Endangered * * * * * and Threatened Wildlife in alphabetical (h) * * *

Listing citations and Common name Scientific name Where listed Status applicable rules

******* CLAMS

******* Hickorynut, round ...... Obovaria subrotunda ...... Wherever found ...... T [Federal Register citation when published as a final rule]; 50 CFR 17.45(d);4d 50 CFR 17.95(f).CH

******* Longsolid ...... Fusconaia subrotunda .... Wherever found ...... T [Federal Register citation when published as a final rule]; 50 CFR 17.45(d);4d 50 CFR 17.95(f).CH

*******

■ 3. Revise § 17.45 to read as follows: (A) Conservation and restoration implementation, and monitored post- efforts for listed species by the Service implementation. To qualify under this § 17.45 Special rules—snails and clams. or State wildlife agencies, including, but exemption, a channel restoration project (a)–(c) [Reserved] not limited to, collection of broodstock, must satisfy all Federal, State, and local (d) Longsolid (Fusconaia subrotunda) tissue collection for genetic analysis, permitting requirements. and round hickorynut (Obovaria captive propagation, and subsequent (C) Bank restoration projects that use subrotunda). stocking into unoccupied areas within bioengineering methods to replace pre- (1) Prohibitions. The following the historical range of the species. existing, bare, eroding stream banks prohibitions that apply to endangered (B) Channel restoration projects that with vegetated, stable stream banks, wildlife also apply to the longsolid and create natural, physically stable, thereby reducing bank erosion and round hickorynut. Except as provided ecologically functioning streams (or instream sedimentation and improving under paragraph (d)(2) of this section stream and wetland systems). These habitat conditions for the species. and §§ 17.4 and 17.5, it is unlawful for projects can be accomplished using a Following these bioengineering any person subject to the jurisdiction of variety of methods, but the desired methods, stream banks may be the United States to commit, to attempt outcome is a natural channel with low stabilized using native species live to commit, to solicit another to commit, shear stress (force of water moving stakes (live, vegetative cuttings inserted or cause to be committed, any of the against the channel); bank heights that or tamped into the ground in a manner following acts in regard to these species: enable reconnection to the floodplain; that allows the stake to take root and (i) Import or export, as set forth at connection of surface and groundwater grow), native species live fascines (live § 17.21(b) for endangered wildlife. systems, resulting in perennial flows in branch cuttings, usually willows, bound (ii) Take, as set forth at § 17.21(c)(1) the channel; riffles and pools comprised together into long, cigar-shaped for endangered wildlife. of existing soil, rock, and wood instead bundles), or native species brush (iii) Possession and other acts with of large imported materials; low layering (cuttings or branches of easily unlawfully taken specimens, as set forth compaction of soils within adjacent rooted tree species layered between at § 17.21(d)(1) for endangered wildlife. riparian areas; and inclusion of riparian successive lifts of soil fill). Bank (iv) Interstate or foreign commerce in wetlands. Streams reconstructed in this restoration projects would require the course of a commercial activity, as way would offer suitable habitats for the planting appropriate native vegetation, set forth at § 17.21(e) for endangered longsolid and round hickorynut and including woody species appropriate for wildlife. contain stable channel features, such as the region and habitat. These methods (v) Sale or offer for sale, as set forth pools, glides, runs, and riffles, which will not include the sole use of quarried at § 17.21(f) for endangered wildlife. could be used by the species and its rock (rip-rap) or the use of rock baskets (2) Exceptions from prohibitions. In host fish for spawning, rearing, growth, or gabion structures. Prior to regard to these species, you may: feeding, migration, and other normal commencement of bank stabilization (i) Conduct activities as authorized by behaviors. Prior to commencement of actions, surveys to determine presence a permit under § 17.32. restoration actions, surveys to determine of longsolid and round hickorynut must (ii) Take, as set forth at § 17.21(c)(2) presence of the longsolid and round be performed, and if located, in through (c)(4) for endangered wildlife. hickorynut must be performed, and if coordination with the local Service field (iii) Take as set forth at § 17.31(b). located, in coordination with the local office, mussels must be relocated prior (iv) Take incidental to an otherwise Service field office, mussels must be to project implementation, and lawful activity caused by: relocated prior to project monitored post-implementation. To

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qualify under this exemption, a bank and to maintain stream connectivity, darter (E. blennioides), Iowa darter (E. restoration project must satisfy all specifically providing for the exchange exile), fantail darter (E. flabellare), Federal, State, and local permitting of nutrients and sediment for Cumberland darter (E. susanae), requirements. maintenance of the mussel’s and fish spangled darter (E. obama), variegate (v) Possess and engage in other acts host’s habitat and food availability, darter (E. variatum), blackside darter with unlawfully taken wildlife, as set maintenance of spawning habitat for (Percina maculata), frecklebelly darter forth at § 17.21(d)(2) for endangered native fishes, and the ability for newly (P. stictogaster), and banded sculpin wildlife. transformed juveniles to settle and (Cottus carolinae)). ■ 4. Amend § 17.95(f) by: become established in their habitats. (3) Critical habitat does not include ■ a. Adding, immediately following the Adequate flows ensure delivery of manmade structures (such as buildings, entry for ‘‘Carolina Heelsplitter oxygen, enable reproduction, deliver aqueducts, runways, roads, and other (Lasmigona decorata),’’ an entry for food to filter-feeding mussels, and paved areas) and the land on which they ‘‘Round Hickorynut (Obovaria reduce contaminants and fine sediments subrotunda)’’; and from interstitial spaces. Stream velocity are located existing within the legal ■ b. Adding, immediately following the is not static over time, and variations boundaries on the effective date of this new entry for ‘‘Round Hickorynut may be attributed to seasonal changes rule. (Obovaria subrotunda),’’ an entry for (with higher flows in winter/spring and (4) Critical habitat map units. Data ‘‘Longsolid (Fusconaia subrotunda)’’. lower flows in summer/fall), extreme layers defining map units were created The additions read as follows: weather events (e.g., drought or floods), by overlaying Natural Heritage Element § 17.95 Critical habitat—fish and wildlife. or anthropogenic influence (e.g., flow Occurrence data and U.S. Geological regulation via impoundments). Survey hydrologic data for stream * * * * * (ii) Suitable substrates and connected (f) Clams and Snails. reaches. The hydrologic data used in the instream habitats, characterized by critical habitat maps were extracted * * * * * geomorphically stable stream channels from the U.S. Geological Survey 1:1M Round Hickorynut (Obovaria and banks (i.e., channels that maintain scale nationwide hydrologic layer subrotunda) lateral dimensions, longitudinal (https://www.usgs.gov/core-science- (1) Critical habitat units for the round profiles, and sinuosity patterns over systems/ngp/national-hydrography) hickorynut are depicted on the maps in time without an aggrading or degrading with a projection of EPSG:4269— this entry for Jackson, Madison, and bed elevation) with habitats that support NAD83 Geographic. Natural Heritage Marshall Counties, Alabama; Fulton, a diversity of freshwater mussel and program and State mussel database Marshall, Pulaski, and Starke Counties, native fish (such as, stable riffle-run- species presence data from Indiana; Bath, Butler, Campbell, pool habitats that provide flow refuges Pennsylvania, Ohio, Indiana, West Edmonson, Fleming, Green, Harrison, consisting of predominantly silt-free, Virginia, Kentucky, Tennessee, Hart, Kenton, Laurel, Morgan, Nicholas, stable sand, gravel, and cobble Alabama, and Mississippi were used to Pendleton, Pulaski, Rockcastle, substrates). select specific river and stream Robertson, Rowan, and Warren (iii) Water and sediment quality segments for inclusion in the critical Counties, Kentucky; Montgomery necessary to sustain natural habitat layer. The maps in this entry, as County, Mississippi; Bedford, Marshall, physiological processes for normal modified by any accompanying and Maury Counties, Tennessee; behavior, growth, and viability of all life regulatory text, establish the boundaries stages, including (but not limited to): Ashtabula, Lake, and Trumbull of the critical habitat designation. The Dissolved oxygen (generally above 2 to Counties, Ohio; Crawford and Mercer coordinates or plot points or both on 3 parts per million (ppm)), salinity Counties, Pennsylvania; and Braxton, which each map is based are available (generally below 2 to 4 ppm), and Calhoun, Clay, Doddridge, Fayette, to the public at the Service’s internet temperature (generally below Gilmer, Kanawha, Pleasants, Ritchie, site at https://www.fws.gov/Asheville/, 86 °Fahrenheit (°F) (30 °Celsius (°C)). Tyler, and Wood Counties, West at http://www.regulations.gov at Docket Additionally, water and sediment Virginia. No. FWS–R4–ES–2020–0010, and at the (2) Within these areas, the physical or should be low in ammonia (generally field office responsible for this biological features essential to the below 0.5 ppm total ammonia-nitrogen) designation. You may obtain field office conservation of the round hickorynut and heavy metal concentrations, and location information by contacting one consist of the following components: lack excessive total suspended solids of the Service regional offices, the (i) Adequate flows, or a hydrologic and other pollutants. flow regime (magnitude, timing, (iv) The presence and abundance of addresses of which are listed at 50 CFR frequency, duration, rate of change, and fish hosts necessary for recruitment of 2.2. overall seasonality of discharge over the round hickorynut (i.e., eastern sand (5) Note: Index map for the round time), necessary to maintain benthic darter (Ammocrypta pellucida), emerald hickorynut follows: habitats where the species are found darter (Etheostoma baileyi), greenside BILLING CODE 4333–15–P

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(6) Unit RH 1: Shenango River; Pymatuning Dam downstream to the percent) are public (Federal or State) Crawford and Mercer Counties, point of inundation by Shenango River ownership. This unit is immediately Pennsylvania. Lake near Big Bend, Mercer County, downstream from Pymatuning Dam, (i) General description: Unit RH 1 Pennsylvania. Approximately 15 river which is owned by the State of consists of 22 river miles (mi) (35.5 mi (24.3 km; 68 percent) of riparian Pennsylvania. kilometers (km)) of the Shenango River lands that border the unit are private (ii) Map of Unit RH 1 follows: in Crawford County, Pennsylvania, from ownership, and 7 river mi (11.1 km; 32

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(7) Unit RH 2: Grand River; the unit are private ownership, and 33 approximately 33 mi (53 km) from the Ashtabula, Lake, and Trumbull river mi (53 km; 36 percent) are public U.S. Route 322 Bridge in Ashtabula Counties, Ohio. (State or local) ownership. The Grand County downstream to the Harpersfield (i) General description: Unit RH 2 River is a State Wild and Scenic River. Covered Bridge. Harpersfield Dam consists of 92 river mi (148.2 km) of the The Wild River designation includes within this unit is operated by the U.S. Grand River in Ashtabula, Lake, and approximately 23 river mi (37 km) from Army Corps of Engineers. Trumbull Counties, Ohio. the Harpersfield Covered Bridge Approximately 59 river mi (95.2 km; 64 downstream to the Norfolk and Western (ii) Map of Unit RH 2 follows: percent) of riparian lands that border Railroad Trestle in Lake County, and

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(8) Unit RH 3: Tippecanoe River; Tippecanoe River in Fulton, Marshall, river mi (14.5 km; 11 percent) are public Fulton, Marshall, Pulaski, and Starke Pulaski, and Starke Counties, Indiana. (State or easement) ownership. Counties, Indiana. Approximately 66 river mi (105.6 km; (ii) Map of Unit RH 3 follows: (i) General description: Unit RH 3 89 percent) of riparian lands that border consists of 75 river mi (120.8 km) of the the unit are private ownership, and 9

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(9) Unit RH 4: Middle Island Creek; Middle Island Creek in Doddridge, ownership, and 0.2 stream mi (0.4 km; Doddridge, Pleasants, and Tyler Pleasants, and Tyler Counties, West less than 1 percent) is public ownership. Counties, West Virginia. Virginia. Approximately 74.8 stream mi (ii) Map of Unit RH 4 follows: (i) General description: Unit RH 4 (120.4 km; 99 percent) of riparian lands consists of 75 stream mi (120.8 km) of that border the unit are private

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(10) Unit RH 5: Little Kanawha River; Gilmer, Ritchie, and Wood Counties, local) ownership. This unit is directly Calhoun, Gilmer, Ritchie, and Wood West Virginia. Approximately 109 river below Burnsville Dam, which is Counties, West Virginia. mi (175.4 km; 99 percent) of riparian operated by the U.S. Army Corps of (i) General description: Unit RH 5 lands that border the unit are private Engineers. consists of 110 stream mi (176.6 km) of ownership, and 0.7 river mi (1.2 km; 1 (ii) Map of Unit RH 5 follows: the Little Kanawha River in Calhoun, percent) are public (Federal, State, or

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(11) Unit RH 6: Elk River; Braxton, Kanawha Counties, West Virginia. This unit is immediately below Sutton Clay, and Kanawha Counties, West Approximately 93 river mi (150.3 km; Dam, which is operated by the U.S. Virginia. 92 percent) of riparian lands that border Army Corps of Engineers. (i) General description: Unit RH 6 the unit are private ownership, and 7 (ii) Map of Unit RH 6 follows: consists of 101 river mi (163 km) of the river mi (12.7 km; 8 percent) are public Elk River in Braxton, Clay, and (Federal, State, or local) ownership.

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(12) Unit RH 7: Kanawha River; Counties, West Virginia. Approximately Marmet locks and dams within this unit Fayette and Kanawha Counties, West 33 river mi (53.2 km; 90 percent) of are operated by the U.S. Army Corps of Virginia. riparian lands that border the unit are Engineers. (i) General description: Unit RH 7 private ownership, and 4 river mi (7.2 (ii) Map of Unit RH 7 follows: consists of 37.5 river mi (60.4 km) of the km; 10 percent) are public (Federal, Kanawha River in Fayette and Kanawha State, or local) ownership. London and

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(13) Unit RH 8: Licking River; Bath, the Licking River in Bath, Campbell, river mi (30 km; 13 percent) are public Campbell, Fleming, Harrison, Kenton, Fleming, Harrison, Kenton, Morgan, (Federal, State, or local) ownership. Morgan, Nicholas, Pendleton, Nicholas, Pendleton, Robertson, and This unit is directly below Cave Run Robertson, and Rowan Counties, Rowan Counties, Kentucky. Dam, which is operated by the U.S. Kentucky. Approximately 131 river mi (211.8 km; Army Corps of Engineers. (i) General description: Unit RH 8 87 percent) of riparian lands that border (ii) Map of Unit RH 8 follows: consists of 150 river mi (241.9 km) of the unit are private ownership, and 18

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(14) Unit RH 9: Rockcastle River; Rockcastle River in Laurel, Pulaski, and river mi (24.2 km; 99 percent) are public Laurel, Pulaski, and Rockcastle Rockcastle Counties, Kentucky. (Federal; Daniel Boone National Forest) Counties, Kentucky. Approximately 0.3 river mi (0.4 km; 1 ownership. (i) General description: Unit RH 9 percent) of riparian lands that border (ii) Map of Unit RH 9 follows: consists of 15.3 river mi (24.6 km) of the the unit is private ownership, and 15

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(15) Unit RH 10: Buck Creek, Pulaski Buck Creek in Pulaski County, ownership, and 3 stream mi (5.5 km; 8 County, Kentucky. Kentucky. Approximately 33 stream mi percent) are public (State or local) (i) General description: Unit RH 10 (52.6 km; 92 percent) of riparian lands ownership. consists of 36 stream mi (58.1 km) of that border the unit are private (ii) Map of Unit RH 10 follows:

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(16) Unit RH 11: Green River; Hart, Green, Hart, and Warren Counties, ownership, including portions of Edmonson, Green, Butler, and Warren Kentucky. Approximately 61 river mi Mammoth Cave National Park. This unit Counties, Kentucky. (98.4 km; 62 percent) of riparian lands is located directly below Green River (i) General description: Unit RH 11 that border the unit are private Lake Dam, which is operated by the U.S. consists of 98 river mi (157.7 km) of the ownership, and 37 river mi (59.4 km; 38 Army Corps of Engineers. Green River in Butler, Edmonson, percent) are public (Federal or State) (ii) Map of Unit RH 11 follows:

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(17) Unit RH 12: Paint Rock River; Paint Rock River in Jackson, Madison, river mi (73.4 km; 98 percent) are public Jackson, Madison, and Marshall and Marshall Counties, Alabama. (Federal or State) ownership. Counties, Alabama. Approximately 2 river mi (4.1 km; 2 (ii) Map of Unit RH 12 follows: (i) General description: Unit RH 12 percent) of riparian lands that border consists of 48 river mi (77.5 km) of the the unit are private ownership, and 46

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(18) Unit RH 13: Duck River; Bedford, Duck River in Bedford, Marshall, and river mi (51.1 km; 53 percent) are public Marshall, and Maury Counties, Maury Counties, Tennessee. (State or local) ownership. Tennessee. Approximately 27 river mi (43.7 km; 47 (ii) Map of Unit RH 13 follows: (i) General description: Unit RH 13 percent) of riparian lands that border consists of 59 river mi (94.8 km) of the the unit are private ownership, and 32

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(19) Unit RH 14: Big Black River, (i) General description: Unit RH 14 Mississippi. All of riparian lands that Montgomery County, Mississippi. consists of 4 river mi (7 km) of the Big border the unit are private ownership. Black River in Montgomery County, (ii) Map of Unit RH 14 follows:

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BILLING CODE 4333–15–C? Taylor, and Warren Counties, Kentucky; Tyler, and Wood Counties, West * * * * * Clarion, Crawford, Erie, Forest, Mercer, Virginia. Longsolid (Fusconaia subrotunda) Venango, and Warren Counties, (2) Within these areas, the physical or (1) Critical habitat units for the Pennsylvania; Claiborne, Hancock, biological features essential to the longsolid are depicted on the maps in Hawkins, Smith, Trousdale, and Wilson conservation of the longsolid consist of this entry for Jackson, Madison, and Counties, Tennessee; Russell, Scott, the following components: Marshall Counties, Alabama; Bath, Tazewell, and Wise Counties, Virginia; (i) Adequate flows, or a hydrologic Butler, Campbell, Edmonson, Fleming, and Braxton, Calhoun, Clay, Doddridge, flow regime (magnitude, timing, Green, Harrison, Hart, Kenton, Morgan, Fayette, Gilmer, Kanawha, Ritchie, frequency, duration, rate of change, and Nicholas, Pendleton, Robertson, Rowan, overall seasonality of discharge over

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time), necessary to maintain benthic stable sand, gravel, and cobble Survey hydrologic data for stream habitats where the species are found substrates). reaches. The hydrologic data used in the and to maintain stream connectivity, (iii) Water and sediment quality critical habitat maps were extracted specifically providing for the exchange necessary to sustain natural from the U.S. Geological Survey 1:1M of nutrients and sediment for physiological processes for normal scale nationwide hydrologic layer maintenance of the mussel’s and fish behavior, growth, and viability of all life (https://www.usgs.gov/core-science- host’s habitat and food availability, stages, including (but not limited to): systems/ngp/national-hydrography) maintenance of spawning habitat for Dissolved oxygen (generally above 2 to with a projection of EPSG:4269— native fishes, and the ability for newly 3 parts per million (ppm)), salinity NAD83 Geographic. Natural Heritage transformed juveniles to settle and (generally below 2 to 4 ppm), and program and State mussel database become established in their habitats. temperature (generally below species presence data from Adequate flows ensure delivery of 86 °Fahrenheit (°F) (30 °Celsius (°C)). Pennsylvania, West Virginia, Virginia, oxygen, enable reproduction, deliver Additionally, water and sediment Kentucky, Tennessee, and Alabama food to filter-feeding mussels, and should be low in ammonia (generally were used to select specific river and reduce contaminants and fine sediments below 0.5 ppm total ammonia-nitrogen) stream segments for inclusion in the from interstitial spaces. Stream velocity and heavy metal concentrations, and critical habitat layer. The maps in this is not static over time, and variations lack excessive total suspended solids entry, as modified by any accompanying may be attributed to seasonal changes and other pollutants. regulatory text, establish the boundaries (with higher flows in winter/spring and (iv) The presence and abundance of of the critical habitat designation. The lower flows in summer/fall), extreme fish hosts necessary for recruitment of coordinates or plot points or both on weather events (e.g., drought or floods), the longsolid (currently unknown, likely which each map is based are available or anthropogenic influence (e.g., flow includes the minnows of the family to the public at the Service’s internet regulation via impoundments). Cyprinidae, and banded sculpin (Cottus site at https://www.fws.gov/Asheville/, (ii) Suitable substrates and connected carolinae)). at http://www.regulations.gov at Docket instream habitats, characterized by (3) Critical habitat does not include No. FWS–R4–ES–2020–0010, and at the geomorphically stable stream channels manmade structures (such as buildings, field office responsible for this and banks (i.e., channels that maintain aqueducts, runways, roads, and other designation. You may obtain field office lateral dimensions, longitudinal paved areas) and the land on which they location information by contacting one profiles, and sinuosity patterns over are located existing within the legal of the Service regional offices, the time without an aggrading or degrading boundaries on the effective date of the addresses of which are listed at 50 CFR bed elevation) with habitats that support rule. a diversity of freshwater mussel and (4) Critical habitat map units. Data 2.2. native fish (such as, stable riffle-run- layers defining map units were created (5) Note: Index map for the longsolid pool habitats that provide flow refuges by overlaying Natural Heritage Element follows: consisting of predominantly silt-free, Occurrence data and U.S. Geological BILLING CODE 4333–15–P

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(6) Unit LS 1: French Creek; Crawford, and Venango Counties, Pennsylvania. This unit begins immediately Erie, Mercer, and Venango Counties, Approximately 106 stream mi (170.6 downstream of the Union City Dam, Pennsylvania. km; 76 percent) of riparian lands that which is operated by the U.S. Army (i) General description: Unit LS 1 border the unit are private ownership, Corps of Engineers. consists of 120 stream mi (191.5 km) of and 14 stream mi (22.1 km; 24 percent) (ii) Map of Unit LS 1 follows: French Creek in Crawford, Erie, Mercer, are public (Federal or State) ownership.

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(7) Unit LS 2: Allegheny River; Forest, Venango, and Warren Counties, primarily Allegheny National Forest) Clarion, Crawford, Forest, Venango, and Pennsylvania. Approximately 15 river ownership. This unit is immediately Warren Counties, Pennsylvania. mi (24.1 km; 14 percent) of riparian downstream of Kinzua Dam, which is (i) General description: Unit LS 2 lands that border the unit are private operated by the U.S. Army Corps of consists of 99 river mi (159.3 km) of the ownership, and 84 river mi (135.8 km; Engineers. Allegheny River in Clarion, Crawford, 86 percent) are public (Federal or State; (ii) Map of Unit LS 2 follows:

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(8) Unit LS 3: Shenango River, Pymatuning Dam downstream to the percent) are public (Federal or State) Crawford and Mercer Counties, point of inundation by Shenango River ownership. This unit is immediately Pennsylvania. Lake near Big Bend, Mercer County, downstream from the Pymatuning Dam, (i) General description: Unit LS 3 Pennsylvania. Approximately 15 river which is owned by the State of consists of 22 river miles (mi) (35.5 mi (24.3 km; 68 percent) of riparian Pennsylvania. kilometers (km)) of the Shenango River lands that border the unit are private (ii) Map of Unit LS 3 follows: in Crawford County, Pennsylvania, from ownership, and 7 river mi (11.3 km; 32

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(9) Unit LS 4: Middle Island Creek; Middle Island Creek in Doddridge and stream mi (0.2 km; less than 1 percent) Doddridge and Tyler Counties, West Tyler Counties, West Virginia. are public (local) ownership. Virginia. Approximately 14 stream mi (23.5 km; (ii) Map of Unit LS 4 follows: (i) General description: Unit LS 4 99 percent) of riparian lands that border consists of 14 stream mi (23.7 km) of the unit are private ownership, and 0.1

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(10) Unit LS 5: Little Kanawha River; Little Kanawha River in Calhoun, percent) are public (Federal or State) Calhoun, Gilmer, Ritchie, and Wood Gilmer, Ritchie, and Wood Counties, ownership. This unit is directly below Counties, West Virginia. West Virginia. Approximately 122 river the Burnsville Dam, which is operated (i) General description: Unit LS 5 mi (197.2 km; 99 percent) are private by the U.S. Army Corps of Engineers. consists of 123 river mi (198 km) of the ownership, and 0.5 river mi (0.9 km; 1 (ii) Map of Unit LS 5 follows:

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(11) Unit LS 6: Elk River; Braxton, Kanawha Counties, West Virginia. This unit is directly below Sutton Dam, Clay, and Kanawha Counties, West Approximately 93 river mi (150.3 km; which is operated by the U.S. Army Virginia. 92 percent) of riparian lands that border Corps of Engineers. (i) General description: Unit LS 6 the unit are private ownership, and 7 (ii) Map of Unit LS 6 follows: consists of 101 river mi (163 km) of the river mi (12.7 km; 8 percent) are public Elk River in Braxton, Clay, and (Federal, State, or local) ownership.

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(12) Unit LS 7: Kanawha River; Counties, West Virginia. Approximately Marmet locks and dams within this unit Fayette and Kanawha Counties, West 18 river mi (29.3 km; 90 percent) of are operated by the U.S. Army Corps of Virginia. riparian lands that border the unit are Engineers. (i) General description: Unit LS 7 private ownership, and 2 river mi (4.6 (ii) Map of Unit LS 7 follows: consists of 21 river mi (33.9 km) of the km; 10 percent) are public (Federal, Kanawha River in Fayette and Kanawha State, or local) ownership. London and

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(13) Unit LS 8: Licking River; Bath, the Licking River in Bath, Campbell, river mi (31.7 km; 10 percent) are public Campbell, Fleming, Harrison, Kenton, Fleming, Harrison, Kenton, Morgan, (Federal, State, or local) ownership. Morgan, Nicholas, Pendleton, Nicholas, Pendleton, Robertson, and This unit is directly below Cave Run Robertson, and Rowan Counties, Rowan Counties, Kentucky. Dam, which is operated by the U.S. Kentucky. Approximately 161 river mi (259.7 km; Army Corps of Engineers. (i) General description: Unit LS 8 90 percent) of riparian lands that border (ii) Map of Unit LS 8 follows: consists of 181 river mi (291.5 km) of the unit are private ownership, and 19

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(14) Unit LS 9: Green River; Butler, Green, Hart, Taylor, and Warren State, or local) ownership, including Edmonson, Green, Hart, Taylor, and Counties, Kentucky. Approximately 105 Mammoth Cave National Park. This unit Warren Counties, Kentucky. river mi (169.2 km; 67 percent) of is directly below Green River Dam, (i) General description: Unit LS 9 riparian lands that border the unit are which is operated by the U.S. Army consists of 156 river mi (251.6 km) of private ownership, and 51 river mi (82.4 Corps of Engineers. the Green River in Butler, Edmonson, km; 33 percent) are public (Federal, (ii) Map of Unit LS 9 follows:

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(15) Unit LS 10: Cumberland River; and Wilson Counties, Tennessee. All Rome Landing Sanctuary. Cordell Hull Smith, Trousdale, and Wilson Counties, riparian lands that border the river are and Old Hickory Dams, upstream and Tennessee. owned by the U.S. Army Corps of downstream of this unit, respectively, (i) General description: Unit LS 10 Engineers (Federal; 48 river mi (77.5 are operated by the U.S. Army Corps of consists of 48 river mi (77.5 km) of the km)). This unit also falls within the Engineers. Cumberland River in Smith, Trousdale, Tennessee Wildlife Resources Agency (ii) Map of Unit LS 10 follows:

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(16) Unit LS 11: Clinch River; Russell, Tazewell, and Wise Counties, Virginia, State) ownership. The Tennessee Scott, Tazewell, and Wise Counties, and Claiborne, Hancock, and Hawkins portion of this unit is encompassed by Virginia; Claiborne, Hancock, and Counties, Tennessee. Approximately the Tennessee Wildlife Resources Hawkins Counties, Tennessee. 160 river mi (258.8 km; 90 percent) of Agency Clinch River Sanctuary. (i) General description: Unit LS 11 riparian lands that border the unit are (ii) Map of Unit LS 11 follows: consists of 177 river mi (286.1 km) of private ownership, and 17 river mi (27.3 the Clinch River in Russell, Scott, km; 10 percent) are public (Federal or

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(17) Unit LS 12: Paint Rock River; Paint Rock River in Jackson, Madison, river mi (90.4 km; 97 percent) are public Jackson, Madison, and Marshall and Marshall Counties, Alabama. (Federal or State) ownership. Counties, Alabama. Approximately 2 river mi (4.1 km; 3 (ii) Map of Unit LS 12 follows: (i) General description: Unit LS 12 percent) of riparian lands that border consists of 58 river mi (94.5 km) of the the unit are private ownership, and 56

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* * * * * Aurelia Skipwith, Director, U.S. Fish and Wildlife Service. [FR Doc. 2020–17015 Filed 9–28–20; 8:45 am] BILLING CODE 4333–15–C

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