Monday, June 29, 2009

Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Georgia Pigtoe Mussel, Interrupted Rocksnail, and with Critical Habitat; Proposed Rule

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DEPARTMENT OF THE INTERIOR ADDRESSES: You may submit comments essential to the conservation of the by one of the following methods: , and areas not occupied at the Fish and Wildlife Service • Federal eRulemaking Portal: http:// time of listing that are essential to the www.regulations.gov. Follow the conservation of the species and why; 50 CFR Part 17 instructions for submitting comments. (6) Any foreseeable economic, • U.S. mail or hand-delivery: Public national security, or other potential [FWS–R4–ES–2008–0104; MO 9221050083] Comments Processing, Attn: RIN 1018– impacts resulting from the proposed AU88; Division of Policy and Directives designation and, in particular, any RIN 1018–AU88 Management; U.S. Fish and Wildlife impacts on small entities, and information about the benefits of Endangered and Threatened Wildlife Service; 4401 N. Fairfax Drive, Suite including or excluding any areas that and Plants; Proposed Endangered 222; Arlington, VA 22203. We will not accept e-mail or faxes. We exhibit those impacts; and Status for the Georgia Pigtoe Mussel, will post all comments on http:// (7) Whether our approach to Interrupted Rocksnail, and Rough www.regulations.gov. This generally designating critical habitat could be Hornsnail with Critical Habitat means that we will post any personal improved or modified in any way to AGENCY: Fish and Wildlife Service, information you provide us (see the provide for greater public participation Interior. Public Comments section below for and understanding, or to assist us in ACTION: Proposed rule. more information). accommodating public concerns and FOR FURTHER INFORMATION CONTACT: Cary comments. SUMMARY: We, the U.S. Fish and Norquist, Acting Field Supervisor, You may submit your comments and Wildlife Service (Service), propose to Mississippi Fish and Wildlife Office at materials concerning this proposed rule list the Georgia pigtoe mussel 6578 Dogwood View Parkway, Suite A, by one of the methods listed in the (Pleurobema hanleyianum), interrupted Jackson, MS 39213 (telephone 601–321– ADDRESSES section. We will not accept rocksnail (Leptoxis foremani), and rough 1122; facsimile 601–965–4340). If you comments you send by e-mail or fax or hornsnail ( foremani), as use a telecommunications device for the to an address not listed in the under the deaf (TDD), you may call the Federal ADDRESSES section. Endangered Species Act of 1973, as Information Relay Service (FIRS) at We will post your entire comment— amended (Act). The Georgia pigtoe, 800–877–8339. including your personal identifying information—on http:// interrupted rocksnail, and rough SUPPLEMENTARY INFORMATION: hornsnail are endemic to the Coosa www.regulations.gov. If you provide River drainage within the Mobile River Public Comments personal identifying information in Basin of , Tennessee, and We intend that any final action addition to the required items specified Georgia. These three species have resulting from this proposal will be as in the previous paragraph, such as your disappeared from large portions of their accurate and as effective as possible. street address, phone number, or e-mail natural ranges due to extensive Therefore, we are seeking comments or address, you may request at the top of construction of dams that eliminated or suggestions from the public, other your document that we withhold this reduced water currents and caused concerned governmental agencies, the information from public review. changes in habitat and water quality. scientific community, industry, or any However, we cannot guarantee that we The surviving populations are small, other interested party concerning this will be able to do so. localized, and highly vulnerable to proposed rule. We particularly seek Comments and materials we receive, water quality and habitat deterioration. comments concerning: as well as supporting documentation we We are also proposing to designate (1) Any biological, commercial trade, used in preparing this proposed rule, critical habitat concurrently for the or other relevant data concerning any will be available for public inspection Georgia pigtoe, interrupted rocksnail, threat (or lack thereof) to the Georgia on http://www.regulations.gov, or by and rough hornsnail under the Act. In pigtoe mussel, interrupted rocksnail, appointment, during normal business total, approximately 258 kilometers and rough hornsnail; hours, at the U.S. Fish and Wildlife (km) (160 miles (mi)) of stream and river (2) Any additional information Service, Mississippi Fish and Wildlife channels fall within the boundaries of concerning the ranges, distributions, Office (see FOR FURTHER INFORMATION the proposed critical habitat designation and population sizes of the species; CONTACT). for the three species: 153 km (95 mi) for (3) Land use designations and current Background the Georgia pigtoe, 101 km (63 mi) for or planned activities in the subject area the interrupted rocksnail, and 27.4 km and their possible impacts on these Georgia Pigtoe Mussel (17 mi) for the rough hornsnail. The species or proposed critical habitats; The Georgia pigtoe (Pleurobema proposed critical habitat is located in (4) The reasons why any area should hanleyianum) is a freshwater mussel in Cherokee, Clay, Coosa, Elmore, and or should not be designated as critical the family Unionidae. It was described Shelby Counties, Alabama; Gordon, habitat as provided by section 4 of the in 1852 by I. Lea as Unio hanleyianum Floyd, Murray, and Whitfield Counties, Act (16 U.S.C. 1531 et seq.), including from the Coosawattee River in Georgia. Georgia; and Bradley and Polk Counties, whether the benefit of designation It was placed in the Pleurobema Tennessee. would outweigh threats to the species by Simpson in 1900. The uniqueness of These proposals, if made final, would caused by designation such that the the Georgia pigtoe has been verified implement Federal protection provided designation of critical habitat is both morphologically (Williams et al. by the Act. prudent; 2008, p. 533) and genetically (Campbell DATES: We will accept comments (5) Specific information on the et al. 2008, pp. 719–721). received on or before August 28, 2009. amount and distribution of habitat for The shell of the Georgia pigtoe We must receive requests for public the Georgia pigtoe, interrupted reaches about 50 to 65 millimeters (mm) hearings, in writing, at the address rocksnail, and rough hornsnail, (2 to 2.5 inches (in)) in length. It is oval shown in the FOR FURTHER INFORMATION including areas occupied at the time of to elliptical and somewhat inflated. The CONTACT section by August 13, 2009. listing and containing the features posterior ridge is low and evenly

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rounded when evident. The anterior end River drainage, the freshwater mussel The interrupted rocksnail, a member is rounded, while the posterior margin fauna had declined from historical of the aquatic snail family is bluntly pointed below. Dorsal and levels, and at all but a few localized , was described from the ventral margins are curved, and the areas, the fauna proved to be completely Coosa River, Alabama, by Lea in 1843. beaks rise slightly above the hinge line. eliminated or severely reduced due to a Goodrich (1922, p. 13) placed the The periostracum (membrane on the variety of impacts, including point and species in the ‘‘Anculosa (=Leptoxis) surface of the shell) is yellowish-tan to non-point source pollution, and channel picta (Conrad 1834) group,’’ which also reddish-brown and may have concentric modifications such as impoundment. included the Georgia rocksnail (Leptoxis green rings. The beak cavity is shallow, Following a review of these efforts and downei (Lea 1868)). L. foremani was and the shell interior is white to dull observations, the Service reported 14 considered to inhabit the Lower Coosa bluish-white (Parmalee and Bogan 1998, species of mussels in the genus River, with L. downei inhabiting the p. 185; Williams et al. 2008, p. 533). Pleurobema, including the Georgia Upper Coosa drainage (Goodrich 1922, Little is known about the habitat pigtoe, as presumed extinct, based on pp. 18–19, 21–23). When a rocksnail requirements or life history of the their absence from collection records, population was rediscovered surviving Georgia pigtoe; however, it is found in technical reports, or museum in the Oostanaula River, Georgia, in shallow runs and riffles with strong to collections for a period of 20 years or 1997, it was initially identified as L. moderate current and coarse sand– more (Hartfield 1994, p. 1). downei (Williams and Hughes 1998, p. gravel–cobble bottoms. Unionid The Service and others continued to 9; Johnson and Evans 2000, pp. 45–46); mussels, such as the Georgia pigtoe, conduct surveys in the Coosa River however, Burch (1989, p. 155) had filter-feed on algae, detritus, and drainage for mollusks (P. Hartfield in previously placed L. downei within L. bacteria from the water column. The litt. 1990–2001; Williams and Hughes foremani as an ecological variation. larvae of most unionid mussels are 1998, pp. 2–6; Johnson and Evans 2000, Therefore, L. downei is currently parasitic, requiring a period of p. 106; Herod et al. 2001, pp i–ii; considered an upstream phenotype of encystment on a fish host before they Gangloff 2003, pp. 11–12; McGregor and the interrupted rocksnail, and L. can develop into juvenile mussels. The Garner 2004, pp. 1–18; Johnson et al. foremani is recognized as the valid fish host and glochidia (parasitic larvae) 2005, p. 1). Several freshly dead and name for the interrupted rocksnail of Georgia pigtoe are currently live individuals of the Georgia pigtoe (Turgeon et al. 1998, p. 67; Johnson unknown. were collected during these mussel 2004, p. 116). The Georgia pigtoe was historically surveys in the Upper Conasauga River, Rocksnails live in shoals, riffles, and found in large creeks and rivers of the Murray and Whitfield Counties, Georgia reefs (bedrock outcrops) of small to large Coosa River drainage of Alabama, (Williams and Hughes 1998, p. 10; rivers. Their habitats are generally Georgia, and Tennessee (Johnson and Johnson and Evans 2000, p. 106). subject to moderate currents during low Evans 2000, p. 106; Williams et al., Gangloff (2003, pp. 11–12, 45) flows and strong currents during high 2008, p. 534). There are historical conducted mussel surveys of Coosa flows. These snails live attached to reports or museum records of the River tributaries in Alabama, including bedrocks, boulders, cobbles, and gravel Georgia pigtoe from Tennessee all known historical collection sites for and tend to move little, except in (Conasauga River in Polk and Bradley the Georgia pigtoe, without relocating response to changes in water level. They Counties), Georgia (Conasauga River in the species. McGregor and Garner (2004, lay their adhesive eggs within the same Murray and Whitfield Counties, p. 8) surveyed the Coosa River dam habitat (Johnson 2004, p. 116). Chatooga River in Chatooga County; tailraces for mollusks without Interrupted rocksnails are currently Coosa River in Floyd County, Etowah encountering the Georgia pigtoe. found in shoal habitats with sand- River in Floyd County), and Alabama The Georgia pigtoe is currently known boulder substrate, at water depths less (Coosa River in Cherokee County, from a few isolated shoals in the Upper than 50 centimeters (cm) (20 in), and in Terrapin Creek in Cherokee County, Conasauga River in Murray and water currents less than 40 cm/second Little Canoe and Shoal Creeks in St. Whitfield Counties, Georgia, and in Polk (sec) (16 in/sec) (Johnson 2004, p. 116). Clair County, Morgan Creek in Shelby County, Tennessee (Johnson and Evans We know little of the life history of County, and Hatchet Creek in Coosa 2000, p. 106; Evans 2001, pp. 33–34). pleurocerid snails; however, they County) (Florida Museum of Natural All recent collection sites occur within generally feed by ingesting periphyton History Malacology Database (FLMNH) a 43-km (27-mi) reach of the river. (algae attached to hard surfaces) and 2006; Gangloff 2003, p. 45). Based on Within this reach, the Georgia pigtoe is biofilm detritus scraped off of the these historical records, the range of the very rare (Johnson and Evans 2000, p. substrate by the snail’s radula (a horny Georgia pigtoe included more than 480 106), and no population estimates are band with minute teeth used to pull km (300 mi) of river and stream available. food into the mouth) (Morales and Ward channels. Additional historical Coosa 2000, p. 1). Interrupted rocksnails have Interrupted Rocksnail River tributary records credited to Hurd been observed grazing on silt-free (1974, p. 64) (for example, Big Wills, The interrupted rocksnail (Leptoxis gravel, cobble, and boulders (Johnson Little Wills, Big Canoe, Oothcalooga, foremani) is a small-to-medium-sized 2004, p. 116). They have survived as Holly Creeks) have been found to be that historically long as 5 years in captivity (Johnson in misidentifications of other species (M. occurred in the Coosa River drainage of litt. 2006b). Gangloff in litt. 2006). Alabama and Georgia. The shell grows The interrupted rocksnail was In 1990, the Service initiated a status to approximately 22 mm (1 in) in length historically found in colonies on reefs survey and review of the molluscan and may be plicate (folds in the surface) and shoals of the Coosa River and fauna of the Mobile River Basin with obscure striations (fine several of its tributaries in Alabama and (Hartfield 1991, p. 1). This led to longitudinal ridges), subglobose (not Georgia. The range of the rocksnail extensive mollusk surveys and quite spherical), thick, dark, brown to formerly encompassed more than 800 collections throughout the Coosa River olive in color, and occasionally spotted. km (500 mi) of river and stream drainage (Bogan and Pierson 1993a, pp. The (apex) of the shell is very low, channels, including the Coosa River 1–27; P. Hartfield in litt. 1990–2001). At and the (opening) is large and (Coosa, Calhoun, Cherokee, Elmore, all localities surveyed in the Coosa subrotund (not quite round). Etowah, Shelby, St. Clair, and Talladega

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Counties), Lower Big Canoe Creek (St. snails in 4 search-hours at one shoal, found to be both morphologically and Clair County), and Terrapin Creek and 2 rocksnails in 4 search-hours at genetically distinct from other species (Cherokee County) in Alabama; and the another shoal (P. Johnson in litt. 2007a). in the genus (Sides 2005, pp. 26, 127). Coosa and Lower Etowah Rivers (Floyd Since their reintroduction into the This analysis also found that the rough County), the Oostanaula River (Floyd Lower Coosa River of Alabama, a few of hornsnail was genetically more closely and Gordon Counties), the Coosawattee the 2003 hatchery-cultured interrupted allied to a co-occurring species in the River (Gordon County), and the rocksnails were observed in the vicinity genus Elimia, and concluded that it Conasauga River (Gordon, Whitfield, of the release site in 2004 (Johnson in should be recognized as Elimia and Murray Counties) in Georgia litt. 2005c). An alternative site was foremani (Sides 2005, pp. 26–27). (Goodrich 1922, pp. 19, 21; Johnson selected for release in August 2005, and Although the Sides (2005, pp. 26–27) 2004, p. 116; FLMNH 2006). 18 snails were located 3 months study provides some evidence that this Snail surveys conducted within the following release (M. Pierson in litt. species should be placed in the genus historical range of the interrupted 2005). During a 40–minute search of this Elimia, this taxonomic change has not rocksnail (Bogan and Pierson 1993a, pp. release area in 2006, two interrupted been formally peer-reviewed and 1–27; Williams and Hughes 1998, pp. 1– rocksnails were found (P. Johnson in published. Therefore, for the purposes 21) resulted in the collection of only a litt. 2007b). Observations of only small of this action, we will continue to use single live specimen from the numbers of reintroduced snails may be currently recognized nomenclature for Oostanaula River, Floyd County, due to habitat size and dispersal, low the rough hornsnail (Pleurocera Georgia, during 1997 (Williams and fecundity of the species, predation, foremani). Hughes 1998, p. 9). Intensive surveys of reproductive failure due to dispersal, or Rough hornsnails are primarily found the Oostanaula, Coosa, Coosawattee, habitat disturbance (Johnson in litt. on gravel, cobble, and bedrock in Etowah, and Conasauga Rivers since 2005b). moderate currents. They have been 1999 have located the species in about collected at depths of 1 m (3.3 ft) to 3 Rough Hornsnail 12 km (7.5 mi) of the Oostanaula River m (9.8 ft) (Hartfield 2004, p. 132). The upstream of the Gordon–Floyd County The rough hornsnail’s (Pleurocera species appears to tolerate low-to- line (Johnson and Evans 2000, pp. 45– foremani) shell is elongated, pyramidal, moderate levels of silt deposition (Sides 46; Johnson and Evans 2001, pp. 2, 25). and thick. Growing to about 33 mm (1.3 2005, p. 127). Little is known regarding A captive colony was maintained at the in) in length, the shell has as many as the life history characteristics of this Tennessee Aquarium Research Institute nine yellowish-brown whorls. The species. Snails in the genus Pleurocera (TNARI) from 2000 through 2005 for aperture is elongated, angular, generally lay their eggs in a spiral study and propagation. In coordination channeled at the base, and usually arrangement on smooth surfaces (Sides with TNARI and the Service, the white inside. The presence of prominent 2005, pp. 26–27), whereas Elimia snails Alabama Department of Conservation nodules or tubercles on the lower generally lay eggs in short strings (P. and Natural Resources (ADCNR) whorls above the aperture is the most Johnson 2006). Attempts to induce developed a plan and strategy to distinctive feature that separates it from rough hornsnails to lay eggs in captivity reintroduce interrupted rocksnails from other hornsnails (Tryon 1873, p. 53). have been unsuccessful (Sides 2005, p. the TNARI colony into the Coosa River These tubercles, along with the size and 27). above Wetumpka, Elmore County, shape of the shell, distinguish the The rough hornsnail is endemic to the Alabama (ADCNR 2003, pp. 1–4). In species from all other pleurocerid snails Coosa River system in Alabama. 2003, 2004, and 2005, approximately (Elimia spp., Leptoxis spp., Pleurocera Goodrich (1944, p. 43) described the 3,200, 1,200, and 3,000 juvenile snails, spp.) in the Mobile River Basin. historical range as the Coosa River respectively, from the TNARI culture The rough hornsnail is a member of downstream of the Etowah River and at were released into the Lower Coosa the aquatic snail family of the mouths of a few tributaries. The River (ADCNR 2004, p. 33; P. Johnson Pleuroceridae. The species was Etowah River enters the Coosa River in in litt. 2005a). In 2005, ADCNR described in 1843 by Lea as Melania Floyd County, Georgia; however, there established the Alabama Aquatic foremanii (=foremani) (Tryon 1873, p. are no known museum or site-specific Biodiversity Center (AABC) at the 52). It was later placed in the genus records of the rough hornsnail that Marion State Fish Hatchery for the Pleurocera by Tryon (1873, p. 52), who validate its range into the State of culture of imperiled mollusk species, noted that P. foremani closely Georgia (P. Johnson in litt. 2006a). and the interrupted rocksnail TNARI resembled species of that genus. Historical museum records of the rough colony was transferred to that facility. Goodrich (1935, p. 3) reported a hornsnail in the Coosa River (FLMNH Following its rediscovery, the variation of a species of Pleurocera in 2006, and elsewhere) indicate that they interrupted rocksnail population size on the Cahaba River that resembled occurred from Etowah, St. Clair, Shelby, shoals in the Oostanaula River declined foremani, but later identified that Talladega, and Elmore Counties, from a high of 10 to 45 snails per square variant as a ‘‘mutation’’ or form of brook Alabama, a historical range of meter (m2) (1.2 square yards (yd2) in hornsnail (P. vestitum) (Goodrich 1941, approximately 322 river km (200 river 1999 (Johnson and Evans 2001, p. 22) to p. 12). This variant, however, is no mi). There are also historical museum only 20 snails found during 6 search- longer extant in the Cahaba River records of this species from nine Coosa hours in 2004 (P. Johnson in litt. 2003, (Bogan and Pierson 1993b, p. 12; Sides River tributaries in Alabama, including 2004). The cause of decline was 2005, pp. 21–22, 28). Goodrich (1944, p. Big Wills Creek in Etowah County; suspected to be some form of water 43) considered that the Coosa River P. Kelly, Big Canoe, and Beaver Creeks in contamination (P. Johnson in litt. 2003, foremani might also be eventually found St. Clair County; Ohatchee Creek, 2004; P. Hartfield in litt. 2006). A July to be simply a variant of smooth Calhoun County; Choccolocco and 2006 search for adults to use as hatchery hornsnail (P. prasinatum), another more Peckerwood Creeks in Talladega stock failed to locate any rocksnails in widely distributed species in the Coosa County; Yellowleaf Creek, Shelby more than 2 search-hours (P. Hartfield River. County; and Yellow Leaf Creek in in litt. 2006). However, a subsequent In a recent dissertation on the Chilton County (FLMNH 2006). search in August 2006 under lower flow systematics of the Mobile River Basin The rough hornsnail is currently conditions resulted in the location of 89 Pleurocera, the rough hornsnail was known to occur at two locations: Lower

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Yellowleaf Creek in Shelby County, In 1997, we received reports of a Foreseeable future is determined by Alabama; and the Lower Coosa River small population of the interrupted the Service on a case-by-case basis, below Wetumpka Shoals in Elmore rocksnail surviving in the Ostanaula taking into consideration a variety of County, Alabama (Sides 2005, p. 40). River, Georgia, along with reports of species-specific factors such as lifespan, There are also museum records of the Georgia pigtoe collections in the genetics, breeding behavior, species from Wetumka Shoals in the Conasauga River of Georgia and demography, threat projection early 1990s (FLMNH 2006); however, Tennessee, and their status as timeframes, and environmental the species has not been collected from candidates was reevaluated. In the 1999 variability. the shoal reach in recent surveys (64 FR 57533), 2001 (66 FR 54808), 2002 The average lifespan of the (Johnson 2002, pp. 5–9). Yellowleaf (67 FR 40657), and 2004 (69 FR 24876) interrupted rocksnail in the wild is Creek is a moderately sized stream Federal Register notices of candidate unknown; however, interrupted where rough hornsnails have been review, both the Georgia pigtoe and rocksnails have survived in captivity for collected from about a 50-m (55-yd) interrupted rocksnail (as Georgia as long as 5 years (Johnson in litt. length of the stream. At this location, rocksnail, Leptoxis downei) were 2006b). Heavy-shelled mussels are rough hornsnails occur at densities of 8 identified as listing priority 5 candidate known to have long life spans, with to 32 m2 (1.2 yd2) (Pierson in litt. 2006). species. In the May 11, 2005, Federal many species living from 30 to 70 years The Lower Coosa River is a large river Register notice of candidate review (70 (Williams et al. 2008, p. 68). For the channel where rough hornsnails have FR 24870) the nomenclature was purposes of this analysis, we estimate a been found in an area of about 100 m2 corrected for the interrupted rocksnail, life span of 30 years for the Georgia (120 yd2) (P. Hartfield 2001). No and the listing priority for both species pigtoe. quantitative estimates have been made was changed from 5 to 2, based on the Some percentage of rocksnails at this site. Searches of unimpounded continued rarity of the Georgia pigtoe cultured in captivity have been reaches of the Coosa River and the lower and a decline in abundance of the observed ovipositing in their first year, portions of tributaries to the Coosa have interrupted rocksnail. The rough but all are believed to become sexually failed to locate the species elsewhere hornsnail was recognized as a listing mature in their second year. Less is (Bogan and Pierson 1993a, pp. 1–27; priority 2 candidate in the September known about the rough hornsnail; Garner, pers. com. 2005; Hartfield in litt. 12, 2006, Federal Register notice of however, some pleurocerid snails in the 2006). The two known surviving candidate review (71 FR 53756), genus Elimia may live up to 5 years populations are separated by three following clarification of its , (Dillon 1988, p. 113). It is also believed impoundments and about 113 km (70 along with the interrupted rocksnail and that most pleurocerid snails may begin mi) of impounded channel habitat. Georgia pigtoe. reproducing within 1 year post-hatch, depending upon habitat and Previous Federal Action Summary of Factors Affecting the productivity (Johnson 2008). The interrupted rocksnail and rough Species The age of sexual maturity for the hornsnail were first identified as Section 4 of the Act (16 U.S.C. 1533), Georgia pigtoe is unknown and varies candidates for protection under the Act and implementing regulations at 50 CFR widely among the genera of freshwater in the November 21, 1991, Federal part 424, set forth procedures for adding mussels. In general, thin-shelled species Register (56 FR 58804). They were species to the Federal Lists of reach sexual maturity earlier and have assigned a category 2 status designation, Endangered and Threatened Wildlife shorter lifespans than heavier-shelled which was given to those species for and Plants. Under section 4(a) of the species. In the Mobile River Basin, age which there was some evidence of Act, we may list a species on the basis at sexual maturity for mussels has been vulnerability, but for which additional of any of five factors, as follows: (A) The shown to vary from 1 to 2 years for the biological information was needed to present or threatened destruction, thin-shelled southern pocketbook support a proposed rule to list as modification, or curtailment of its (Lampsilis ornata), and 3 to 9 years for endangered or threatened. In the habitat or range; (B) overutilization for the heavy-shelled Alabama orb November 15, 1994, notice of candidate commercial, recreational, scientific, or (Quadrula asperata) (Haag and Staton review (59 FR 58982), the rough educational purposes; (C) disease or 2003, pp. 2122–2123). The Georgia hornsnail was again assigned a category predation; (D) the inadequacy of pigtoe is similar in shell size and 2 status, while the status category for existing regulatory mechanisms; or (E) thickness to the Alabama orb, so we are the interrupted rocksnail (Leptoxis other natural or manmade factors estimating sexual maturity for the foremani) was changed to 3A (taxa for affecting its continued existence. In Georgia pigtoe at age 5 years, and a which the Service has persuasive making this finding, information generational time span of 5 years. evidence of extinction). regarding the status and trends of the Heavy-shelled mussels are also known Assigning categories to candidate Georgia pigtoe, interrupted rocksnail, to have long life spans, with many species was discontinued in 1996 and rough hornsnail are considered in species living from 30 to 70 years (Notice of Candidate Review; February relation to the five factors provided in (Williams et al. 2008, p. 68). 28, 1996; 61 FR 7596), and only species section 4(a)(1) of the Act. Threat projection timeframes for the for which the Service has sufficient Under section 3 of the Act, a species Georgia pigtoe, interrupted rocksnail, information on biological vulnerability is ‘‘endangered’’ if it is in danger of and rough hornsnail include specific and threats to support issuance of a extinction throughout all or a significant activities that can arise at any time proposed rule are now regarded as portion of its range and is ‘‘threatened’’ (such as permitted discharges, candidate species. Candidate species if it is likely to become endangered construction activities, channel were also assigned listing priority within the foreseeable future throughout modifications, or random accidents and numbers based on immediacy and the all or a significant portion of its range. spills of toxic substances) and periodic magnitude of threat, as well as their The word ‘‘range’’ refers to the range in weather events (such as droughts and taxonomic status (48 FR 43098; Sept. 21, which the species currently exists. floods). 1983). Due to a need for taxonomic Range is discussed further below in the The following analysis examines all clarification, the rough hornsnail was Conclusion section of this proposed five factors currently affecting or that dropped as a candidate species in 1996. rule. are likely to affect Georgia pigtoe,

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interrupted rocksnail, and rough decline and extinction of freshwater evident downstream (Williams and hornsnail snail. The five factors listed snails and mussels in the Mobile River Hughes 1998, p. 11), even to the shoals under section 4(a)(1) of the Act and Basin has been directly attributed to on the Oostanaula River where the their application to the Georgia pigtoe construction of numerous large interrupted rocksnail is found (Johnson mussel (Pleurobema hanleyianum (Lea impoundments in the major river and Evans 2001, p. 26; Marcinek et al. 1852)), interrupted rocksnail (Leptoxis systems (Williams et al. 1992b, pp. 1– 2005, p. 15). A Federal Energy foremani (Lea 1843)), and rough 8; Bogan et al. 1995, pp. 250–251; Regulatory Commission (FERC) license hornsnail (Pleurocera foremani (Lea Lydeard and Mayden 1995, pp. 803– was issued to construct a hydroelectric 1843)) are as follows: 804; Neves et al. 1997, pp. 62, 64; facility on the Carters Re-regulation Marcinek et al. 2005, p. 9). A. The present or threatened Dam (FERC 2001, pp. 1–2). A notice of The Georgia pigtoe, interrupted probable termination of license has been destruction, modification, or rocksnail, and rough hornsnail are all curtailment of its habitat or range. issued due to failure to commence endemic to the Coosa River system. The construction in a timely manner (FERC All three species have experienced Coosa River was impounded by six 2005a, pp. 1–2). An appeal to the significant curtailment of their occupied major dams constructed between 1928 termination order was made (FERC habitats (see ‘‘Background’’ above). The and 1966. Today, more than 60 percent 2005b, p. 1) but denied (FERC 2006a, Georgia pigtoe has been eliminated from of the Coosa River and its 19 largest pp. 1–3). However, the applicant has about 90 percent of its historical range tributaries are inundated or affected by since applied for a preliminary permit of 480 river km (298 river mi). It now flow regulation (Marcinek et al. 2005, to proceed with the hydroelectric inhabits only 43 river km (27 river mi). pp. 12–16). facility (FERC 2006b, pp. 1–3). Interrupted rocksnail has been Dam construction on the Coosa River Rough hornsnails currently survive in eliminated from 99 percent of a had a secondary effect of fragmenting Lower Yellowleaf Creek, at the historical range of 800 river km (497 the ranges of aquatic mollusk species, transitional area between the flowing river mi), and is now known from 12 leaving relict habitats and populations stream and the embayment created by river km (7 river mi). The rough isolated by the structures as well as by Lay Dam, and in a small area of the hornsnail has disappeared from more extensive areas of uninhabitable, Coosa River below the shoals along the than 99 percent of a historical range of impounded waters. These isolated Fall Line near Wetumpka, Alabama. 321 river km (199 river mi) and now populations were left more vulnerable Known from the main channel of the occurs in less than 1 river km (0.6 river to, and affected by, natural events (such Coosa River and the mouths of some of mi). The primary cause of range as droughts), runoff from common land- the larger tributaries, all historical curtailment for all three species has use practices (such as agriculture, habitats, including those two where the been modification and destruction of mining, urbanization), discharges (such river and stream habitats, primarily by as municipal and industrial wastes), and rough hornsnail currently survives, are the construction of large hydropower accidents (such as chemical spills) that affected to some degree by impounded dams on the Coosa River. This was reduced population levels or eliminated waters and hydropower releases. compounded by fragmentation and habitat (Neves et al. 1997, pp. 64–71; The Georgia pigtoe historically isolation of the remaining free-flowing U.S. Fish and Wildlife Service 2000, pp. occurred in the Coosa River and many portions of the Coosa River and its 14–15). As a result, many relict of its major tributaries. As noted above, tributaries, as well as their increased populations became locally extirpated, the Coosa is impounded throughout vulnerability to local historical events of and many mollusk species were driven most of its length by major hydropower water quality and habitat degradation. to extinction (Bogan et al. 1995, pp. dams. In addition, all historically 250–251; Lydeard and Mayden 1995, occupied tributaries are isolated from Dams and Impoundments pp. 803–804; Neves et al. 1997, pp. 54, each other by one or more of these dams Dams eliminate or reduce river flow 62; U.S. Fish and Wildlife Service 2000, and extensive reaches of impounded within impounded areas, trap silts and pp. 6–9). If conditions subsequently waters. The species is currently known cause sediment deposition, alter water improved, the surviving mollusk species to survive only in the Upper Conasauga temperature and dissolved oxygen were unable to naturally recolonize River, far above the influence of the levels, change downstream water flow suitable areas, due to impediments Coosa River impoundments. and quality, affect normal flood created by the dams and impounded Water and Habitat Quality patterns, and block upstream and waters. downstream movement of species The only known natural population of The disappearance of shoal (Watters 1999, pp. 261–264; McAllister the interrupted rocksnail occurs in the populations of rough hornsnail, et al. 2000, p. iii; Marcinek et al. 2005, free-flowing Oostanaula River (Williams interrupted rocksnail, and Georgia pp. 20–21). Within impounded waters, and Hughes 1998, p. 9; Johnson and pigtoe from unimpounded relict habitats decline of freshwater mollusks has been Evans 2001, p. 25). The Oostanaula in the Coosa River drainage is likely due attributed to sedimentation, decreased River is formed by the confluence of the to historical pollution problems. dissolved oxygen, and alteration in Conasauga and Coosawatee Rivers. The Pleurocerid snails and freshwater resident fish populations (Neves et al. Upper Coosawatee is impounded by mussels are highly sensitive to water 1997, pp. 63–64; Watters 1999, pp. 261– Carters Dam, a hydropower dam which and habitat quality (Havlik and Marking 264; Marcinek et al. 2005, pp. 9–10). discharges into Carters Re-regulation 1987, pp 1–15; Neves et al. 1997, pp. Below dams, mollusk declines are Dam and from there into the Coosawatee 64–69). Historical causes of water and associated with changes and fluctuation River. Hydropower discharges from habitat degradation in the Coosa River in flow regime, scouring and erosion, Carters Dam are believed to be and its tributaries included drainage reduced dissolved oxygen levels and implicated in the disappearance of the from gold mining activities, industrial water temperatures, and changes in interrupted rocksnail from the and municipal pollution events, and resident fish assemblages (Williams et Coosawattee River (Johnson and Evans construction and agricultural runoff (for al. 1992b, p. 7; Neves et al. 1997, pp. 2001, p. 26). The effects of power example, Hurd 1974, pp. 38–40; 63–64; Watters 1999, pp. 261–264; generation discharges from Carters Dam, Lydeard and Mayden 1995, pp. 803– Marcinek et al. 2005, pp. 20–21). The along with cold water temperatures are 804; Freeman et al. 2005, pp. 560–562).

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Prior to the passage of the Federal survive, overall molluscan abundance fertilizers, sewage, and manure) Clean Water Act (33 U.S.C. 1251 et seq., and diversity have experienced a can result in effects that are detrimental 1972) and the adoption of State water general decline over the past two to aquatic species. High levels of quality regulations and criteria, water decades that has been primarily nutrients in surface runoff can promote pollution was a significant factor in the attributed to water or sediment toxicity excessive filamentous algal growth. disappearance of mollusks from and channel instability (Johnson and Dense algal growth covers gravel, unimpounded river and stream Evans 2000, pp. 171–173; Sharpe and cobble, or bedrock substrates and channels in the Mobile River Basin Nichols 2005, pp. 81–88). interstices (spaces between bottom (Baldwin 1973, p. 23; Hurd 1974, pp. Sedimentation has been identified as a particles), and can seriously reduce 38–40, 144–151). Hurd (1974, pp. 147– potential limiting factor for the dissolved oxygen in waters during dark 149), for example, noted the extirpation interrupted rocksnails in the Oostanaula hours due to algal respiration (Shepard of freshwater mussel communities from River (Johnson and Evans 2001, p. 26). et al. 1994, pp. 61–64), which affects the Conasauga River below Dalton, Following its rediscovery, the feeding, reproduction, and respiration Georgia, apparently as a result of textile interrupted rocksnail population size in in adult and juvenile mussels and and carpet mill waste discharges. He the Oostanaula River has declined from snails, and limits access to substrate also attributed the disappearance of the a high of 10 to 45 snails per square interstices important to juvenile and mussel fauna from the Etowah River and meter (10.7 sq ft) in 1999 (Johnson and adult mussels. Algal mats also provide other tributaries of the Coosa River to Evans 2001, p. 22) to only 20 snails cover for invertebrate predators of organic pollution and siltation. Baldwin found during 6 search-hours in 2004 (P. juvenile mollusks (such as flatworms, (1973, p. 23) documented the loss of Johnson in litt. 2003, 2004). The cause hydra, and chironomids) and increase mussel diversity in the Cahaba River of decline is suspected to be some form their vulnerability to such predators. and identified the primary causes as of water contamination (P. Johnson in Filamentous algae may also displace pollution from coalfields and industrial litt. 2003, 2004; P. Hartfield in litt. certain species of fish, or otherwise and urban wastes. 2006). affect fish–mussel interactions essential Although Federal and State water Nonpoint source pollution from land to recruitment (for example, Hartfield quality laws and regulations have surface runoff originates from virtually and Hartfield 1996, p. 373). In generally reduced the impacts of point all land use activities and includes hatcheries, filamentous algal growth source discharges, nonpoint source sediments; fertilizer, herbicide, and reduces juvenile mussel survival by pollution continues to affect and pesticide residues; animal or human reducing flow, increasing possibly threaten the remaining wastes; septic tank leakage and gray sedimentation, and causing competition populations of each of these mollusk water discharge; and oils and greases with and reduction of the unicellular species. Nonpoint source pollution has (GDNR 1998, pp. 4.27–4.42; ACWP algal community on which the mussels been identified as a concern in the 2005, Chap. 9). Nonpoint source feed (R. Neves 2002). Nutrient and Yellowleaf Creek and Lower Coosa pollution can cause excess sediment pollution may have synergistic River watersheds (Alabama Clean Water sedimentation, nutrification, decreased effects (when the toxic effect of two or Partnership (ACWP) 2005 Chapter 12). dissolved oxygen concentration, more pollutants operating together is These drainages encompass historical increased acidity and conductivity, and greater than the sum of the effects of the habitat for the interrupted rocksnail and other changes in water chemistry that pollutants operating individually) on Georgia pigtoe, currently occupied can seriously impact aquatic mollusks. freshwater mollusks, as has been habitat for the rough hornsnail, and a Land use types around the Georgia suggested for aquatic insects (Waters recent reintroduction of the interrupted pigtoe, interrupted rocksnail, and rough 1995, p. 67). rocksnail. Both Yellowleaf Creek and hornsnail populations include pastures, Land surface runoff contributes the the eastern watershed of the Lower row crops, timber, and urban and rural majority of human-induced sediments Coosa River have been designated as communities. and nutrients to water bodies High Priority Watersheds by the ACWP Excessive sediments are believed to throughout the United States. The (2005 Chap. 12), due to the high impact riverine mollusks requiring human population is expanding within potential of nonpoint source pollution clean, stable streams (Ellis 1936, pp. 39– the areas currently occupied by the associated with expanding human 40; Brim Box and Mossa 1999, p. 99). Georgia pigtoe, interrupted rocksnail, population growth rates and Impacts resulting from sediments have and rough hornsnail, increasing the urbanization. The headwaters of been noted for many components of sediment and nutrient input to their Yellowleaf Creek are about 5 km (3 mi) aquatic communities. For example, riverine habitats, and leaving these southeast of the greater metropolitan sediments have been shown to abrade or mollusks vulnerable to progressive area surrounding Birmingham, and the suffocate periphyton (organisms water and habitat degradation from land watershed is highly dissected by county attached to underwater surfaces, upon surface runoff. roads. The Lower Coosa River is about which snails may feed); affect Accidental spills that may affect water 16 km (10 mi) north of the Montgomery respiration, growth, reproductive or habitat quality also threaten surviving greater metropolitan area and is success, and behavior of aquatic insects populations of each species. For accessible by a four-lane highway. Both and mussels; and affect fish growth, example, on September 12, 2006, a train general areas are experiencing growth survival, and reproduction (Waters derailment spilled four tank cars of due to their proximity to major 1995, pp. 173–175). Potential sediment soybeans into a tributary of Yellowleaf metropolitan areas. sources within a watershed include Creek (Birmingham News in litt. 2006). Nonpoint source pollution and habitat virtually all activities that disturb the A large rain event flushed the deterioration are also problems in the land surface, and all localities currently decomposing soybeans into Yellowleaf Upper Coosa River Basin, including the occupied by these mollusks are affected Creek, resulting in a serious decline in Conasauga and Oostanaula rivers to varying degrees by sedimentation. dissolved oxygen in the stream, killing (Georgia Department of Natural Land surface runoff also contributes fishes, mussels (including two Resources (GDNR) 1998, pp. 4.27–4.42). nutrients to rivers and streams. endangered species, southern pigtoe and In the reaches of the Conasauga River Excessive nutrient input (for example, triangular kidneyshell), and snails where the Georgia pigtoe continues to nitrogen and phosphorus from (including the endangered cylindrical

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lioplax) (Johnson 2006). Fortunately, the (Mylopharyngodon piceus), a mollusk- Oostanaula River have experienced location of the largest surviving eating Asian fish recently introduced significant declines in recent years, population of rough hornsnail is in the into the waters of the United States apparently due to water quality or lowest reaches of Yellowleaf Creek, (U.S. Fish and Wildlife Service 2002), to sediment toxicity (Evans 2001, p. 3; remote from the spill, and no mortality eventually enter and disperse through Johnson in litt. 2004; Sharpe and was observed in this population as a the Mobile River Basin via the Nichols 2005, pp. 1–4; Konwick et al. result of the spill (Johnson 2006). Tennessee–Tombigbee Waterway, or by 2008, pp. 2016–2017). There is no In summary, the historical loss of their accidental release from catfish specific scientific information on the habitat and range is currently, and farms or other aquaculture facilities. sensitivity of the Georgia pigtoe, projected to continue to be, a significant In summary, disease in freshwater interrupted rocksnail, and rough threat to the rough hornsnail, mollusks is poorly known and not hornsnail or their host fish species to interrupted rocksnail, and Georgia currently considered a threat. Although common industrial and municipal pigtoe. Curtailment of habitat and range there is no direct evidence at this time pollutants, and little information on also amplifies threats from nonpoint that predation is detrimentally affecting other freshwater mollusks. Current State source water and habitat quality the Georgia pigtoe, interrupted and Federal regulations regarding degradation, accidental spills, or rocksnail, or rough hornsnail, their pollutants are assumed to be protective violation of permitted discharges. Due small populations and limited ranges of freshwater mollusks; however, these to the extremely limited extent of leaves them vulnerable to threats of species may be more susceptible to habitat currently occupied by each predation from natural or introduced some pollutants than test organisms species, and the severity and magnitude predators. Therefore, we have commonly used in bioassays. For of this threat, we have determined that concluded that predation currently example, several recent studies have the present or threatened destruction, represents a threat of low magnitude, suggested that U.S. Environmental modification, or curtailment of habitat but it could potentially become a Protection Agency’s (EPA) criteria for and range represents an ongoing and significant future threat to the Georgia ammonia may not be protective of significant threat to the rough hornsnail, pigtoe, interrupted rocksnail, or rough freshwater mussels (Augspurger et al. interrupted rocksnail, and Georgia hornsnail due to their small population 2003, p. 2571; Augspurger et al. 2007, p. pigtoe. sizes. 2026; Newton et al. 2003, pp. 2559– B. Overutilization for commercial, D. The inadequacy of existing regulatory 2560; Newton and Bartsch 2007, p 2057; recreational, scientific, or educational mechanisms. Ward et al. 2007, p. 2075). In a review of the effects of purposes. The Alabama Department of eutrophication on mussels, Patzner and The Georgia pigtoe, interrupted Conservation and Natural Resources Muller (2001, p. 329) noted that rocksnail, and rough hornsnail are not currently recognizes the rough hornsnail stenoecious (narrowly tolerant) species commercially utilized. Each species has as a ‘‘Priority 1’’ species (Highest disappear as waters become more been taken for scientific and private Conservation Concern) (Mirarchi et al. eutrophic. They also refer to studies that collections in the past, yet collecting is 2004, p. 117; ADCNR 2005, p. 302). The associate increased levels of nitrate with not considered a factor in the decline of interrupted rocksnail is considered the decline and absence of juvenile these species. While collection is not ‘‘Extirpated (in Alabama) – mussels (Patzner and Muller 2001, pp. considered a current threat, the Conservation Action Underway’’ 330–333). Other studies have also desirability of these species in scientific (Mirarchi et al. 2004, p. 114), and the suggested that early life stages of and commercial collections may Georgia pigtoe is listed as ‘‘extinct’’ mussels are more sensitive to metals increase as their existence and rarity (Mirarchi et al. 2004, p. 13). While these and such inorganic chemicals as becomes known, and their localized classifications identify the status of chlorine and ammonia than are common distributions and small population sizes imperiled species in the State of bioassay test organisms (Keller and Zam leaves them vulnerable to overzealous Alabama, they convey no legal 1991, pp. 543–545; Goudreau et al. recreational or scientific collecting. protection. Interrupted rocksnail and 1993, p. 221; Naimo 1995, pp. 354–355). Georgia pigtoe currently lack any C. Disease or predation. Therefore, it appears that inadequate official status recognition by the State of research and data prevent existing Diseases of freshwater mollusks are Georgia, but they have been nominated regulations, such as the Clean Water Act poorly known and are not currently for inclusion on the State Protected (administered by the EPA and the U.S. considered to be a threat to the Georgia Species List. The Georgia pigtoe is Army Corps of Engineers), from being pigtoe, interrupted rocksnail, and rough identified as a species of the Greatest fully utilized or effective in the hornsnail, or a factor in their decline. Conservation Need by the State of management and protection of these Aquatic snails and mussels are Tennessee. NatureServe (2006) species. consumed by various vertebrate identifies the Georgia pigtoe, Rough hornsnails currently survive at predators, including fishes, mammals, interrupted rocksnail, and rough localized sites in Yellowleaf Creek and and possibly birds. Although predation hornsnail as G1 critically imperiled in the Lower Coosa River below by naturally occurring predators is a species; however, no State or Federal Wetumpka Shoals in Alabama. In normal aspect of the population protection is conveyed by these addition, the interrupted rocksnail was dynamics of a species and is not known classifications. Without State or Federal recently reintroduced into Wetumpka to be a threat to any of these species, protection, these three species are not Shoals. The Alabama Department of changes in water flows, depths, currently given any specific special Environmental Management (ADEM) temperatures, and other environmental consideration under environmental laws has designated the water use factors within some portions of their when project impacts are reviewed, classification for some portions of ranges may have led to increased other than those provided for water Yellowleaf Creek as ‘‘Swimming’’ (S) numbers of native mollusk-eating fish, quality. and others as ‘‘Fish and Wildlife’’ such as freshwater drum (Johnson in The mollusk fauna (including the (F&W). The F&W designation litt. 2005b). In addition, the potential Georgia pigtoe) of the Conasauga River establishes minimum water quality now exists for the black carp and the interrupted rocksnail in the standards that are believed to protect

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existing species and water uses (for Georgia pigtoe, interrupted rocksnail, Impoundments), there are numerous example, fishing, recreation, irrigation) and rough hornsnail and their host fish obstacles in the Coosa River drainage to within the designated area, while the S to common industrial and municipal long distance movement of snails, classification establishes higher water pollutants limits their application. mussels, or the fish hosts of mussels, quality standards that are protective of Water and sediment quality is believed between relict patches of historically human contact with the water. The to currently affect (and is expected to occupied and potentially suitable Lower Coosa River below Wetumpka is continue to affect) the Georgia pigtoe riverine habitats. Therefore, even if currently designated as F&W by ADEM, and interrupted rocksnail and has been habitat conditions improve for the and adjacent tributaries are classified as identified as a concern for the rough survival of the Georgia pigtoe, S. Both water bodies are currently hornsnail in Yellowleaf Creek. interrupted rocksnail, and rough believed to support their designated Therefore, we have determined that the hornsnail in historically occupied uses. However, Yellowleaf Creek and threat of inadequate existing regulatory stream and river habitats, they will be the eastern watershed of the Lower mechanisms is an imminent threat of unable to recolonize those areas without Coosa have been designated as High high magnitude to the Georgia pigtoe, human assistance. Low numbers of Priority Watersheds by the ACWP (2005, interrupted rocksnail, and rough individuals within these isolated Chap. 12) due to a lack of monitoring hornsnail. populations also increases the risks and data and the high potential of nonpoint consequences of inbreeding and E. Other natural or manmade factors source pollution in these drainages reduced genetic diversity (Lynch 1996, affecting its continued existence. associated with expanding human pp. 493–494). population growth rates and As noted under Factor A, above, the The Georgia pigtoe may be adversely urbanization. Georgia pigtoe, interrupted rocksnail, affected by the loss or reduction in The reach of the Conasauga River at and rough hornsnail have been numbers of the fish host(s) essential to and below the Tennessee–Georgia State eliminated from 90 percent or more of its parasitic glochidial stages. The Line supports the only known surviving their historical ranges. Surviving specific fish host(s) for the glochidia of population of the Georgia pigtoe. This populations of each species are small, the Georgia pigtoe is unknown; river reach is identified on Georgia’s extremely localized, isolated, and therefore, specific impacts on this 303(d) list as partially supporting its vulnerable to habitat modification, toxic aspect of the mussels’ life cycle cannot designated use of Fishing–Drinking spills, and progressive degradation from be evaluated. However, other species of Water (GDNR 2006, p. 35). The Georgia land surface runoff (non-point source mussels in the genus Pleurobema are 303(d) list identifies high levels of fecal runoff) (see Factor A: Dams and known to parasitize various species of coliform bacteria and Fish Consumption Impoundments, Water and Habitat chubs, minnows, stonerollers, and other Guidance (FCG) due to polychlorinated Quality; and Factor D: The inadequacy stream fish species. biphenyls (PCBs) as the reasons for this of existing regulatory mechanisms). In summary, a variety of natural or river reach’s inclusion on the list, and These conditions also leave each species manmade factors, such as droughts, nonpoint pollution is identified as the vulnerable to catastrophic changes to storms, and toxic spills, threaten source of pollutants (GDNR 2006, p. 35). their habitats that may result from surviving populations of the Georgia Recent studies have also implicated natural events such as flood scour and pigtoe, interrupted rocksnail, and rough sediment and water toxicity in the drought. hornsnail due to the highly restricted decline of mollusks in the Conasauga There is a growing concern that and fragmented nature of their habitats River (Sharpe and Nichols 2005, pp. 81– climate change may lead to increased and their small population sizes. Other 88; Konwick et al. 2008, pp. 2016– frequency of severe storms and droughts factors, such as inbreeding, reduced 2017). (for example, Golladay et al. 2004, p. genetic diversity, and loss or reduction States maintain water-use 504; McLaughlin et al. 2002, p. 6074; of fish hosts for the Georgia pigtoe, may classifications through issuance of Cook et al. 2004, p. 1015). During 2007– threaten each of the three species; National Pollutant Discharge 2008, a severe drought affected the however, the severity and magnitude of Elimination System (NPDES) permits to Coosa River watershed in Alabama and these threats are not currently known. industries, municipalities, and others Georgia. Streamflow for the Conasauga Therefore, we have determined that that set maximum limits on certain River at Tilton, Georgia, during other natural and manmade factors, pollutants or pollutant parameters. For September 2007, was the lowest such as accidental spills, floods, and water bodies on the 303(d) list, States recorded for any month in 69 years (U.S. droughts, currently pose an imminent are required under the Clean Water Act Geological Survey 2007). Although the and high degree of threat to the Georgia to establish a total maximum daily load effects of the drought on the Georgia pigtoe, interrupted rocksnail, and rough (TMDL) for the pollutants of concern pigtoe, interrupted rocksnail, and rough hornsnail, and the levels of these threats that will bring water quality into the hornsnail have not been quantified, are projected to continue or increase in applicable standard. The Georgia mollusk declines as a direct result of the future. Department of Natural Resources has drought have been documented (for identified TMDLs for the Oostanaula example, Golladay et al. 2004, p. 494; Proposed Determination River to address existing problems of Haag and Warren 2008, p. 1165). We have carefully assessed the best PCBs and fecal coliform loads from Reduction in local water supplies due to scientific and commercial information nonpoint source and urban runoff drought is also compounded by available regarding the past, present, sources. increased human demand and and future threats to the Georgia pigtoe, In summary, recent declines in competition for surface and ground interrupted rocksnail, and rough mollusk communities within the ranges water resources for power production, hornsnail. Section 3(6) of the Act of each of these species has been irrigation, and consumption (Golladay defines an endangered species as ‘‘any attributed to poor water or sediment et al. 2004, p. 504). species which is in danger of extinction quality. Although regulatory Freshwater mussels and snails are throughout all or a significant portion of mechanisms are in place to protect capable of moving only short distances. its range.’’ Based on the severity and aquatic species, a lack of specific As noted previously (see discussion magnitude of the threats currently information on the sensitivity of the under Factor A: Dams and affecting each of these species, we

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propose to list them as endangered This could occur within a few years, prudent alternatives to avoid species under the Act. given recurring drought conditions, destruction or adverse modification of The most significant historical factor accidents, or other existing threats. critical habitat. affecting the current status of the Furthermore, because of their curtailed To be included in a critical habitat interrupted rocksnail, rough hornsnail, ranges, and immediate and ongoing designation, the habitat within the area and Georgia pigtoe was the extreme significant threats to each species occupied by the species must first have curtailment of their habitat and range, as throughout their entire respective features that are essential to the discussed in Factor A (above). ranges, as described above in the five- conservation of the species. The Service Curtailment of habitat and range, along factor analysis, we find that it is must identify, to the extent known using with small population sizes, amplifies unnecessary to analyze whether there the best scientific data available, habitat existing or impending threats from are any significant portions of ranges for areas that provide essential life cycle nonpoint source water and habitat each species that may warrant a needs of the species (areas on which are quality degradation, accidental spills, different determination of status. found the Primary Constituent Elements violation of permitted discharges, (PCEs), as defined at 50 CFR 424.12(b)). inadequate knowledge to implement Critical Habitat To be included in the designation, the existing regulatory measures, floods, or Critical habitat is defined in section 3 features at issue must also be ones that droughts (described under Factors A, D, of the Act as: may require special management and E). These threats are imminent and (1) The specific areas within the considerations or protection. high in magnitude (applicable to the geographical area occupied by a species, Under the Act, we can designate entire range) for each species. As at the time it is listed in accordance unoccupied areas as critical habitat only described in Factor C and E above, small with the Act, on which are found those when we determine that the best populations are also at increased threat physical or biological features available scientific data demonstrate due to predation from natural or (a) essential to the conservation of the that the designation of that area is introduced predators, genetic isolation, species and essential to the conservation needs of and inbreeding depression; however, (b) which may require special the species. these threats are not currently known to management considerations or Section 4 of the Act requires that we be imminent. protection; and designate critical habitat on the basis of Only single, localized populations are (2) specific areas outside the the best scientific and commercial data known to exist of the interrupted geographical area occupied by a species available. Furthermore, our Policy on rocksnail and Georgia pigtoe, and only at the time it is listed, upon a Information Standards Under the two extremely localized populations of determination that such areas are Endangered Species Act (published in the rough hornsnail are known. Each essential for the conservation of the the Federal Register on July 1, 1994 (59 species is faced with a tenuous future species. FR 34271)), the Information Quality Act even with only the random variation of Conservation, as defined under (section 515 of the Treasury and General natural environmental factors. However, section 3 of the Act, means to use and Government Appropriations Act for the additional threats of water and the use of all methods and procedures Fiscal Year 2001 (Pub. L. 106–554; H.R. habitat quality degradation or that are necessary to bring any 5658)), and our associated Information destruction further threaten each endangered species or threatened Quality Guidelines provide criteria, species and this trend is expected to species to the point at which measures establish procedures, and provide continue or increase. provided under the Act are no longer guidance to ensure that our decisions We believe that, when combining the necessary. represent the best scientific data effects of historical, current, and Critical habitat receives protection available. They require our biologists, to projected habitat loss and degradation, under section 7 of the Act through the the extent consistent with the Act and historical and ongoing drought, and the prohibition against Federal agencies with the use of the best scientific data exacerbating effects of small population carrying out, funding, or authorizing the available, to use primary and original sizes and isolation, the interrupted destruction or adverse modification of sources of information as the basis for rocksnail, rough hornsnail, and Georgia critical habitat. Section 7(a)(2) of the Act recommendations to designate critical pigtoe are in danger of extinction requires consultation on Federal actions habitat. throughout all of their ranges, as defined that may affect critical habitat. The When we are determining which areas in the ‘‘Summary of Factors Affecting designation of critical habitat does not we should as critical habitat, our the Species’’ above. We believe these affect land ownership or establish a primary source of information is threats, particularly the threats resulting refuge, wilderness, reserve, preserve, or generally the information developed from habitat loss and fragmentation, other conservation area. Such during the listing process for the small population sizes, and random designation does not allow the species. Additional information sources natural or human induced events, are government or public to access private may include the recovery plan for the current and are projected to continue. lands. Such designation does not species, articles in peer-reviewed We have determined that these threats require implementation of restoration, journals, conservation plans developed are operating on each species and their recovery, or enhancement measures by by States and counties, scientific status respective habitats with a high degree of private landowners. Where a landowner surveys and studies, biological imminence, magnitude, and severity requests Federal agency funding or assessments, or other unpublished (rangewide), as discussed above. authorization for an action that may materials and expert opinion or Based on the best available scientific affect a listed species or critical habitat, personal knowledge. and commercial information, we the consultation requirements of Section Habitat is often dynamic, and species propose to list the Georgia pigtoe, 7(a)(2) may apply. However, even in the may move from one area to another over interrupted rocksnail, and rough event of a destruction or adverse time. Furthermore, we recognize that hornsnail as endangered species under modification finding, the Federal action designation of critical habitat may not the Act. Without the protection of the agency’s and the applicant’s obligation include all of the habitat areas that we Act, these species are in danger of is not to restore or recover the species, may eventually determine, based on extinction throughout all of their ranges. but to implement reasonable and scientific data not now available to the

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Service, are necessary for the recovery pigtoe and essential features of their the PCEs laid out in the appropriate of the species. For these reasons, a habitats will require habitat quantity and spatial arrangement for the critical habitat designations does not management, protection and restoration, conservation of the Georgia pigtoe, signal that habitat outside the which will be facilitated by knowledge interrupted rocksnail, and rough designated area is unimportant or may of habitat locations and the physical and hornsnail. These include, but are not not be required for recovery of the biological features of those habitats. limited to: species. Based on this information, we believe (1) Space for individual and Areas that support populations, but critical habitat would be beneficial to population growth and for normal are outside the critical habitat each of the species. Therefore, we have behavior; designation, will continue to be subject determined that the designation of (2) Food, water, air, light, minerals, or to conservation actions we implement critical habitat for the interrupted other nutritional or physiological under section 7(a)(1) of the Act. They rocksnail, rough hornsnail, and Georgia requirements; are also subject to the regulatory pigtoe is prudent. (3) Cover or shelter; protections afforded by the section We have reviewed the available (4) Sites for breeding, reproduction, 7(a)(2) jeopardy standard, as determined information pertaining to historical and rearing (or development) of on the basis of the best available distribution of the Georgia pigtoe, offspring; and scientific information at the time of the interrupted rocksnail, and rough (5) Habitats that are protected from agency action. Federally funded or hornsnail, and the habitat disturbance or are representative of the permitted projects affecting listed characteristics where they currently historical, geographical, and ecological species outside their designated critical survive. This and other information distribution of a species. habitat areas may still result in jeopardy represent the best scientific and The PCEs required for the Georgia findings in some cases. Similarly, commercial data available and lead us pigtoe, interrupted rocksnail, and rough critical habitat designations made on the to conclude that we have sufficient hornsnail are derived from biological basis of the best available information at information necessary to identify needs of the species as described in the the time of designation will not control specific areas that meet the definition of Background section of this proposal. the direction and substance of future critical habitat. Therefore, we have Unfortunately, little is known of the recovery plans, habitat conservation determined that the designation of specific habitat requirements of any of plans (HCPs), or other species critical habitat is both prudent and these mollusk species other than all conservation planning efforts if new determinable for the Georgia pigtoe, three require flowing water, stable information available to these planning interrupted rocksnail, and rough stream or river channels, and adequate efforts calls for a different outcome. hornsnail. water quality. Georgia pigtoe mussel larvae also require a currently unknown Prudency Determination Methods fish host for development to juvenile Section 4 of the Act, as amended, and As required by section 4(b)(2) of the mussels. To identify the physical and implementing regulations (50 CFR Act, we use the best scientific data biological needs of the species, we have 424.12) require that, to the maximum available in determining occupied areas relied on current conditions at locations extent prudent and determinable, we that contain the features that are where each of the species survive, the designate critical habitat at the time the essential to the conservation of the limited information available on these species is determined to be endangered Georgia pigtoe, interrupted rocksnail, three species and their close relatives, or threatened. Our regulations at 50 CFR and rough hornsnail, and unoccupied and factors associated with the decline 424.12(a)(1) state that the designation of areas that are essential to the and extirpation of these and other critical habitat is not prudent when one conservation of the Georgia pigtoe, aquatic mollusks from extensive or both of the following situations exist: interrupted rocksnail, and rough portions of the Mobile River Basin. (1) The species is threatened by taking hornsnail. Space for Individual and Population or other activity and the identification We have reviewed the available Growth and for Normal Behavior of critical habitat can be expected to information pertaining to historical and increase the degree of threat to the current distributions, life histories, and The Georgia pigtoe, interrupted species; or (2) the designation of critical habitat requirements of these species. rocksnail, and rough hornsnail were all habitat would not be beneficial to the Our sources included: peer reviewed historically associated with stream and species. There is currently no imminent scientific publications; unpublished river shoals of the Coosa River drainage threat of take attributed to collection or survey reports; unpublished field (Goodrich 1922, p. 5; Johnson and Evans vandalism under Factor B for each of observations by the Service, State, and 2001, p. 21; Williams et al. 2008). The these species, and identification of other experienced biologists; and notes decline of the aquatic mollusk fauna of critical habitat is not expected to initiate and communications from qualified the Mobile River Basin is directly such a threat to each of the species. biologists or experts. associated with the loss of shoal Critical habitat designation identifies habitats, primarily due to inundation by the physical and biological features of Primary Constituent Elements (PCEs) impounded waters (Bogan et al. 1995, the habitat essential to the conservation In accordance with sections 3(5)(A)(i) pp. 250–251; Lydeard and Mayden of the interrupted rocksnail, rough of the Act and regulations at 50 CFR 1995, pp. 803–804; Neves et al. 1997, hornsnail, and Georgia pigtoe, which 424.12, in determining which areas pp. 63–64; Marcinek et al. 2005, pp. 7– may require special management and within the geographical area occupied at 10, 20–21). Shoals are defined as protection. As such, these designations the time of listing to propose as critical discrete areas that are of lower depth, will provide information to individuals, habitat, we identify the specific PCEs greater slope, higher velocity flows, and local and State governments, and other required for the Georgia pigtoe, coarser bed materials relative to other entities engaged in activities or long- interrupted rocksnail, and rough channel segments. Shoals include areas range planning in areas essential to the hornsnail based on their biological that are also referred to as riffles, gravel conservation of the species. needs. We consider the physical and bars, and reefs. Shoals generally have Conservation of the interrupted biological features that are essential to substrates composed of bedrock, cobble, rocksnail, rough hornsnail, and Georgia the conservation of each species to be boulder, and gravel interspersed with

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sands, and sufficient current velocities pigtoe, interrupted rocksnail, and rough particularly harmful during drought to remove finer sediments and maintain hornsnail have not been investigated. conditions when flows are depressed interstitial habitats (Marcinek et al. However, as relatively sedentary and pollutants are more concentrated. 2005, p. 4). The interrupted rocksnail , aquatic snails and mussels Therefore, adequate water quality is and rough hornsnail are found clinging must tolerate the full range of such essential for normal behavior, growth, to gravel, cobble, and boulders in parameters that occur naturally within and viability during all life stages of the moderate to strong currents in shoals, the streams where they persist. Both the Georgia pigtoe, interrupted rocksnail, while Georgia pigtoe mussels are found amount (flow) and the physical and and rough hornsnail. imbedded in sand–gravel substrates chemical conditions (water quality) Sites for Breeding, Reproduction, or within shoals. Rough hornsnails are also where each of the three species Rearing found in pools below shoals. Shoals and currently exist vary widely according to associated pools not only provide space season, precipitation events, and Pleurocerid snails require clean hard for these three mollusks, but also seasonal human activities within the surfaces, such as gravel, cobble, boulder, provide cover and shelter and sites for watershed. Conditions across their or bedrock, for laying eggs and for survival of juveniles (Bogan et al. 1995, breeding, reproduction, and growth of historical ranges vary even more due to p. 251). Excessive fine sediments or offspring. watershed size, geology, geography, and dense growth of filamentous algae can Shoal–pool habitats are formed and differences in human population restrict or eliminate spawning sites and maintained by water quantity, channel densities and land uses. In general, each expose juveniles to entrainment (being slope, and sediment input to the system. of the species survives in areas where swept away) or predation. Geomorphic Changes in one or more of these the magnitude, frequency, duration, and parameters can result in channel instability may result in entrainment seasonality of water flow are adequate to degradation or channel aggradation, and loss of eggs by scouring currents or maintain stable shoal habitats (for with serious effects to mollusks. burial of eggs by excessive deposition. example, sufficient flow to remove fine Therefore, we believe that stream Therefore, stable shoals with low particles and sediments without causing channel stability is essential to the amounts of filamentous algae are degradation), and where water quality is conservation of the Georgia pigtoe, essential to the conservation of the adequate for year-round survival (for interrupted rocksnail, and rough interrupted rocksnail and rough example, moderate to high levels of hornsnail. hornsnail. dissolved oxygen, low to moderate Freshwater mussels require a host fish Food input of nutrients, and relatively for transformation of larval mussels The interrupted rocksnail and rough unpolluted water and sediments). (glochidia) to juvenile mussels hornsnail generally feed by ingesting Therefore, adequate water flow and (Williams et al. 2008, p. 68), and periphyton and biofilm detritus scraped water quality (as defined below) are presence of the appropriate host fish is off the substrate by the snail’s radula essential to the conservation of the essential to the conservation of the (Morales and Ward 2000, p. 1). Unionid Georgia pigtoe, interrupted rocksnail, Georgia pigtoe. The specific fish host(s) mussels, such as the Georgia pigtoe, and rough hornsnail. We currently for the Georgia pigtoe is currently filter algae, detritus, and bacteria from believe that most numeric standards for unknown, However, other species of the water column (Williams et al. 2008, pollutants and water quality parameters mussels in the genus Pleurobema are p. 67). Food availability and quality for (for example, dissolved oxygen, pH, known to parasitize various species of the Georgia pigtoe, interrupted heavy metals) that have been adopted by chubs, minnows, stonerollers, and other rocksnail, and rough hornsnail in shoal the States under the Clean Water Act stream adapted fish species (Haag and habitats is affected by habitat stability, represent levels that are essential to the Warren 2003). flow, and water quality. conservation of each of these three Juvenile Georgia pigtoe mussels mollusks. However, some States’ require interstitial shoal habitats for Water standards may not adequately protect growth and survival. Excessive The Georgia pigtoe, interrupted mollusks, or are not being appropriately sediments or dense growth of rocksnail, and rough hornsnail are measured, monitored, or achieved in filamentous algae can expose juvenile riverine-adapted species that depend some reaches (see Factor A: The present mussels to entrainment or predation and upon adequate water flow (Williams et or threatened destruction, modification, be detrimental to the survival of al. 2008, p. 534; Goodrich 1922, p. 5) or curtailment of its habitat or range, juvenile mussels (Hartfield and and are not found in ponds or lakes. Water and Habitat Quality; and Factor Hartfield 1996). Geomorphic instability Continuously flowing water is a habitat D: Inadequacy of existing regulatory can result in the loss of interstitial feature associated with all surviving mechanisms, above). The Service is habitats and juvenile mussels due to populations of the three species. currently in consultation with the EPA scouring or deposition (Hartfield 1993). Flowing water maintains the stream to evaluate the protectiveness of criteria Therefore, stable shoals with low to bottom and shoal habitats where these approved in EPA’s water quality moderate amounts of filamentous algae species are found, transports food items standards for threatened and growth are essential to the conservation to the sedentary juvenile and adult life endangered species and their critical of the Georgia pigtoe. stages of the Georgia pigtoe, supports habitats as described in the the periphyton and biofilm ingested by Memorandum of Agreement that our PCEs for the Georgia pigtoe, interrupted the interrupted rocksnail and rough agencies signed in 2001 (66 FR 11201). rocksnail, and rough hornsnail hornsnail, removes wastes, and provides Other factors that can potentially alter Based on the above needs and our oxygen for respiration for each of the water quality are droughts and periods current knowledge of the life history, three species. of low flow, non-point source runoff biology, and ecology of the species, we The ranges of standard physical and from adjacent land surfaces (for have determined that the Georgia chemical water quality parameters (such example, excessive amounts of pigtoe’s PCEs are: as temperature, dissolved oxygen, pH, nutrients, pesticides, and sediment), (1) Geomorphically stable stream and conductivity) that define suitable and random spills or unregulated river channels and banks (channels that habitat conditions for the Georgia discharge events. This could be maintain lateral dimensions,

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longitudinal profiles, and sinuosity necessary to maintain benthic habitats below (Units IR 1, IR 2, and RH 1 patterns over time without an aggrading where the species are found. Unless (which includes IR 3)) may require or degrading bed elevation). other information becomes available, special management considerations due (2) A hydrologic flow regime (the existing conditions at locations where to detrimental effects of hydropower magnitude, frequency, duration, and the species occur will be considered as generation or lack of minimum flow seasonality of discharge over time) minimal flow requirements for survival. releases from dams (see ‘‘Factor A: necessary to maintain benthic habitats (3) Water quality (including Dams and Impoundments’’ above). where the species are found. Unless temperature, pH, hardness, turbidity, Features in all of the proposed critical other information becomes available, oxygen content, and chemical habitat units may require special existing conditions at locations where constituents) that meets or exceeds the management due to threats posed by the species occur will be considered as current aquatic life criteria established land-use runoff and point- and minimal flow requirements for survival. under the Clean Water Act (33 U.S.C. nonpoint-source water pollution (see (3) Water quality (including 1251–1387). ‘‘Factor A: ‘‘Water and Habitat Quality,’’ temperature, pH, hardness, turbidity, (4) Sand, gravel, cobble, boulder, or and ‘‘Factor D: Inadequacy of existing oxygen content, and chemical bedrock substrates with low to moderate regulatory mechanisms,’’ above). Other constituents) that meets or exceeds the amounts of fine sediment and attached activities that may affect PCEs in the current aquatic life criteria established filamentous algae. proposed critical habitat units include under the Clean Water Act (33 U.S.C. This proposed designation is designed those listed in the ‘‘Effects of Critical 1251–1387). for the conservation of the physical and Habitat’’ section as ‘‘Federal Activities (4) Sand, gravel, cobble, boulder, or biological features essential to the life that May Affect Critical Habitat and bedrock substrates with low to moderate history functions that were the basis for Require Consultation,’’ below. amounts of fine sediment and attached the proposal and the areas containing filamentous algae. those features (that is, the PCEs in the Criteria Used to Identify Proposed (5) The presence of fish host(s) for the appropriate spatial arrangement and Critical Habitat quantity). Because not all life history Georgia pigtoe (currently unknown). We are proposing to designate as functions require all the PCEs, not all Diverse assemblages of native chubs, critical habitat all stream channels that PCEs may be present throughout the minnows, stonerollers, and other stream are currently occupied by the species, as proposed critical habitat units. adapted fish species will serve as a well as some specific areas not currently potential indication of presence of host Units are designated based on sufficient PCEs being present to support occupied but that were historically fish. occupied, because we have determined The PCEs required for the interrupted at least one of the species’ life history functions. Some areas contain all PCEs that these additional areas are essential rocksnail are: for the conservation of the Georgia (1) Geomorphically stable stream and and support multiple life processes, pigtoe, interrupted rocksnail, and rough river channels and banks (channels that while some areas may contain only a hornsnail, and that designating only maintain lateral dimensions, portion of the PCEs necessary to support occupied habitat is not sufficient to longitudinal profiles, and sinuosity the species’ particular use of that conserve each of these species. patterns over time without an aggrading habitat. or degrading bed elevation). When identifying proposed critical Special Management Considerations or habitat boundaries, we make every effort (2) A hydrologic flow regime (the Protections magnitude, frequency, duration, and to avoid including developed areas such seasonality of discharge over time) When designating critical habitat, we as lands covered by buildings, necessary to maintain benthic habitats assess whether the areas within the pavement, and other structures because where the species are found. Unless geographical area occupied by the such lands usually lack PCEs for other information becomes available, species at the time of listing contain endangered or threatened species. Areas existing conditions at locations where features that are essential to the proposed for critical habitat for the the species occur will be considered as conservation of the species and whether Georgia pigtoe, interrupted rocksnail, minimal flow requirements for survival. those features may require special and rough hornsnail, below, include (3)Water quality (including management considerations or only stream channels within the temperature, pH, hardness, turbidity, protections. All of the critical habitat ordinary high water line and do not oxygen content, and chemical units proposed for these three species contain any developed areas or constituents) that meets or exceeds the below, with the exception of a portion structures. of Unit RH 1, have been designated as current aquatic life criteria established Occupied Stream Reaches Proposed as critical habitat for other mollusk species under the Clean Water Act (33 U.S.C. Critical Habitat 1251–1387). that are already listed under the Act. (4) Sand, gravel, cobble, boulder, or None of the areas proposed are We have defined occupied habitat as bedrock substrates with low to moderate presently under special management or those stream reaches known to be amounts of fine sediment and attached protection provided by a legally currently occupied by the Georgia filamentous algae. operative management plan or pigtoe, interrupted rocksnail, or rough The PCEs required for the rough agreement for the conservation of either hornsnail. We used information from hornsnail are: the interrupted rocksnail, rough surveys and reports prepared by the (1) Geomorphically stable stream and hornsnail, or Georgia pigtoe. Various U.S. Geological Survey, the Alabama river channels and banks (channels that activities in or adjacent to each of the Department of Conservation and Natural maintain lateral dimensions, critical habitat units described in this Resources, the Tennessee Aquarium, longitudinal profiles, and sinuosity proposed rule may affect one or more of Alabama Geological Survey, Auburn patterns over time without an aggrading the PCEs. Some of these activities University, University of Alabama, and or degrading bed elevation). include, but are not limited to, those Service field records to identify the (2) A hydrologic flow regime (the discussed in the ‘‘Summary of Factors specific locations occupied by the magnitude, frequency, duration, and Affecting the Species,’’ above. For Georgia pigtoe, interrupted rocksnail, or seasonality of discharge over time) example, three of the units described rough hornsnail.

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Currently, occupied habitat for each pigtoe, interrupted rocksnail, or rough live attached to the stream bottom, they of the three species is extremely limited hornsnail are essential for their are small and often difficult to locate and isolated. The Georgia pigtoe persists conservation. when their population numbers are low. only in a restricted series of shoals in Therefore, we consider the reach of the Length of Occupied Stream Reaches the Conasauga River (Johnson and Evans Oostanaula River between Ship Island 2000, p. 106). The interrupted rocksnail Following the identification of and the confluence of Armuchee Creek naturally survives in a short reach of the occupied stream reaches, the next step as habitat occupied by interrupted Oostanaula River in Gordon and Floyd was to delineate the length of upstream rocksnail. Attempts to reintroduce the Counties, Georgia, and population and downstream reaches of known species into the Lower Coosa River, reintroductions have been attempted occupied areas to determine the length Elmore County, Alabama, have also into a shoal of the Lower Coosa River, of stream reaches that are needed for the been made by the ADCNR. Although we Elmore County, Alabama (ADCNR 2004, conservation of the populations for each do not yet know if this population is p. 33). The rough hornsnail is known species. All known occurrences for each viable, it is within the range of the from two small, localized, and isolated species are extremely localized, and rare interrupted rocksnail as proposed in populations: Yellowleaf Creek, Shelby aquatic snails and mussels can be this listing; therefore, we are County, Alabama, and a short reach of difficult to locate. In addition, creek and considering the 1-km (0.6-mi) localized the Lower Coosa River, Elmore County, river habitats are highly dependent area in the Lower Coosa River, where Alabama (Sides 2005, p. 40). We believe upon upstream and downstream the species was reintroduced, as that all currently occupied areas contain channel habitat conditions for their occupied habitat. ADCNR attempted to features essential to the conservation of maintenance. Therefore, where more reintroduce the interrupted rocksnail these species. With such limited than one occurrence record of a into Gray Island Shoals in the Lower distribution, each of these species are at particular species was found within a Coosa River, about 3.2 km (2 mi) below a high risk of extinction and highly stream reach, we considered the entire Jordan Dam, Elmore County, Alabama. susceptible to stochastic events. reach between the uppermost and Although we do not yet know if this lowermost locations as occupied reintroduced population is viable, it is Unoccupied Stream Reaches Proposed habitat, as discussed below. within the historical range of the as Critical Habitat Georgia pigtoe interrupted rocksnail as proposed in The streams not currently occupied this listing, and we are considering the that we are proposing as critical habitat The Georgia pigtoe is currently known 1-km (0.6-mi) reach encompassing Gray were all historically occupied. We to survive only in a 52-km (32-mi) reach Island Shoals in the Lower Coosa River believe that the designation of of the Upper Conasauga River extending as occupied habitat. additional areas not known to be from Polk County, Tennessee, currently occupied by the Georgia downstream into Murray and Whitfield Rough hornsnail pigtoe, interrupted rocksnail, or rough Counties, Georgia (Johnson and Evans The rough hornsnail is known to hornsnail is essential for their 2000, p. 106; Evans 2001, pp. 33–34). survive at only two locations. One of conservation because: The Georgia pigtoe has been recently these consists of a population known (1) The range of each species has been collected from three shoals within this from only a few hundred meters of severely curtailed, occupied habitats are reach: one located at each end of the stream in Yellowleaf Creek near limited and isolated, and population reach, and one additional site in the Alabama Highway 25, Shelby County, sizes are extremely small for each lower third of the reach. Other shoals Alabama, and we consider Yellowleaf species. While occupied units provide within the reach continue to be Creek 1.6 km (1.0 mi) above and 1.6 km habitat for current populations, they are inhabited by a diverse mussel (1.0 mi) below Alabama Highway 25 as at high risk of extirpation and extinction community, including the federally habitat occupied by the rough hornsnail. from stochastic events, whether periodic endangered triangular kidneyshell and In addition, collections in the 1990s in natural events or existing or potential southern pigtoe and the threatened fine- the Lower Coosa River, Elmore County, human-induced events (see ‘‘Summary lined pocketbook. These species Alabama, show the rough hornsnail of Factors Affecting the Species’’). The historically co-occurred in the same extended from the shoals below Jordan inclusion of essential unoccupied areas shoal habitats with the Georgia pigtoe, Dam, downstream to just below the Fall will provide habitat for population and their persistence indicates the Line at Wetumpka, Alabama (FLMNH reintroduction and will decrease the presence of PCEs for the pigtoe 2006). Therefore, we consider this 14- risk of extinction for each species. throughout the reach. Therefore, we km (8-mi) reach as habitat occupied by (2) The essential unoccupied areas consider the entire 52-km (32-mi) reach the rough hornsnail. may offer habitat that is superior to that between the uppermost and lowermost Stream Reaches Not Currently Occupied in the occupied units (the potential recent collection sites for the Georgia viability of the mollusks in unoccupied pigtoe as occupied habitat. In the area In identifying unoccupied stream units may be higher) because the proposed for critical habitat below, reaches that are essential to the essential unoccupied areas may be faced boundaries extend from the nearest conservation of each species (Georgia with fewer and more easily treated downstream landmark at both of ends of pigtoe, interrupted rocksnail, and rough threats than the occupied units (see the reach. hornsnail), we first considered the discussion under ‘‘Factor A: Dams and availability of potential habitat Interrupted rocksnail Impoundments’’). throughout their historical ranges that (3) The protection of PCEs in The interrupted rocksnail is known to may be suitable for the survival and currently occupied areas is directly survive in several shoals along a 12-km persistence of each species. A large related to conditions in adjacent (7.4-mi) reach of the Oostanaula River proportion of the streams that formerly unoccupied stream reaches (such as the between Ship Island and the confluence supported each species have been Oostanaula and Lower Coosa Rivers). of Armuchee Creek, Gordon–Floyd modified by dams and their impounded Based on the best scientific data County, Georgia (Johnson and Evans waters, and we eliminated these areas available, we believe that areas that are 2000, pp. 45–46; Johnson and Evans from consideration, because none of not currently occupied by the Georgia 2001, pp. 2, 25). Although rocksnails these species can survive under the

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modified conditions (see ‘‘Primary habitat. Historical records of Georgia Several mollusk species requiring Constituent Elements’’ section, above). pigtoe occur from the Coosa River near similar PCEs currently inhabit a portion We also eliminated from consideration the present location of Weiss Dam and of the reach. Projected minimum flows free-flowing streams without any from Terrapin Creek, from its (Weiss Bypass Working Group 2005, pp. historical records of occurrence. We confluence with the Coosa River 6–8) will improve PCEs in the eliminated from consideration other upstream to the vicinity of Alabama remainder of the reach, and reservoir- streams with historical occurrence Highway 9. Terrapin Creek flows into stored water will provide protection records because of limited habitat the Coosa River approximately 11 km (7 from nonpoint source pollution and availability, isolation, degraded habitat, mi) below Weiss Dam in Cherokee reduce the potential of stochastic or low management value or potential County, Alabama. Together these two threats. The Mobile River Basin Mollusk (such as Coosawattee River and Etowah confluent stream reaches encompass 35 Restoration Committee (2008, p. 53) River). km (22 mi) of stream habitat that meet recognizes this reach of the Coosa River All of the areas proposed as critical Criteria 1, 2, 5, 6, and 7 listed above in as an appropriate reintroduction sites habitat that are currently not known to this section. Terrapin Creek and this for interrupted rocksnail. be occupied meet one or more of the short reach of the Coosa River support The interrupted rocksnail is currently following criteria: diverse mollusk and fish communities. known to inhabit shoals along a 12-km (1 The stream habitat contains Water quality in Terrapin Creek meets (7.4-mi) reach of the Oostanaula River sufficient PCEs (for example, such current State criteria for Fish and between Ship Island and the Confluence characteristics as geomorphically stable Wildlife. The Mobile River Basin of Armuchee Creek, Gordon and Floyd channels, perennial water flows, Mollusk Restoration Committee (2008, Counties, Georgia. However, appropriate adequate water quality, and appropriate p. 36) recognizes this reach of the Coosa habitat extends approximately 49 km benthic substrates) to support life River and Terrapin Creek as an (30 mi) above Ship Island to the history functions of the mollusks (all appropriate reintroduction site for the Conasuaga-Coosawattee confluence in proposed unoccupied critical habitat Georgia pigtoe. Based on the Gordon County, Georgia, and units); information we have to date, which approximately 16 km (10 mi) below the (2) The stream supports diverse does not necessarily suggest there is an confluence of Armuchee Creek to the aquatic molluscan communities, increased probability of Georgia pigtoe Georgia Highway 1 Loop in Floyd including the presence of closely related conservation in specific areas within the County, Georgia. This unoccupied area species requiring PCEs similar to the reach, we propose to designate the encompasses an additional 65 km (40 Georgia pigtoe, interrupted rocksnail, entire reach of Terrapin Creek and the mi) of river habitat that meets Criteria 1, and rough hornsnail (all proposed Coosa River as critical habitat. 2, 3, 6, and 7 listed above in this unoccupied critical habitat units); Historical records of Georgia pigtoe section. The unoccupied upstream and (3) The stream reaches are adjacent to occur from an approximately 66-km (41- downstream reaches of the Oostanaula currently occupied areas where there is mi) reach of Hatchet Creek between Clay River contain one or more of the PCEs potential for natural dispersal and County Road 4 downstream to the required by the species, including reoccupation by the Georgia pigtoe, confluence with Swamp Creek in Coosa geomorphically stable channels and interrupted rocksnail, or rough County, Alabama. This stream reach natural flows. They are adjacent to areas hornsnail (Oostanaula River, Lower meets Criteria 1, 2, 4, 5, 6, and 7 listed currently occupied by interrupted Coosa River, and Yellowleaf Creek); above in this section and has been rocksnail, and there is potential for (4) The stream reaches lack major identified by the Mobile River Basin natural dispersal and re-occupation by anthropogenic disturbance (Hatchet Mollusk Restoration Committee (2008, the Georgia pigtoe. These areas are also Creek); p. 40) as having high conservation currently occupied by other mollusk (5) Areas are remote from currently potential for the reintroduction of species with similar habitat occupied areas and have experienced imperiled mollusks. Hatchet Creek requirements. improvements in water quality or supports diverse mollusk and fish The Lower Coosa River below Jordan quantity during the past decades due to communities and has been designated Dam is within the historical range of the implementation of minimum flows as an Outstanding Alabama Water, the interrupted rocksnail, and a small below dams, changes in adjacent land highest protective classification population of the species has been uses, or implementation of the Clean assigned by the State. Based on the reintroduced into a shoal there (ADCNR, Water Act (Coosa River below Weiss information we have to date, which p. 33). Apparently suitable habitat Dam and Jordan Dam, Terrapin Creek, does not necessarily suggest there is an extends approximately 13 km (8 mi) and Hatchet Creek); and increased probability of Georgia pigtoe from the tailwaters of Jordan Dam to (6) The stream reaches have potential conservation in specific areas within the Alabama Highway 111 in Elmore for reoccupation by the species through reach, we propose to designate the County, Alabama. This reach meets future reintroduction efforts (all entire reach of Hatchet Creek as critical Criteria 1, 2, 3, 5, 6, and 7 listed above proposed unoccupied critical habitat habitat. in this section. The steep river gradient below the dam to the Fall Line at units). Interrupted rocksnail Based on the above factors, all Alabama Highway 111 in Wetumpka unoccupied stream reaches included in We have identified 88 km (55 mi) of results in the presence of numerous the proposed designations for each of habitat in three stream reaches that are high-quality and stable shoals and pools these three species are essential to their currently unoccupied by the interrupted characteristic of habitats formerly conservation. rocksnail and that meet several of the inhabited by the rocksnail. The reach is criteria for designation as unoccupied occupied by other species of pleurocerid Georgia pigtoe habitat. The Coosa River from Weiss snails, as well as a diverse mussel fauna, We have identified 101 km (63 mi) of Dam to just below the confluence of indicating the presence of PCEs in this habitat in two stream reaches that are Terrapin Creek (11 km (7 mi)) is within reach. Minimum flows that have been currently unoccupied by the Georgia the historical range of the interrupted established from Jordan Dam have pigtoe and that meet several of the rocksnail, and meets Criteria 1, 2, 5, 6, eliminated historical threats, such as criteria for designation as critical and 7 listed above in this section. seasonal loss of flow and low dissolved

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oxygen levels. The Mobile River Basin the presence of closely related 1 and 2). The critical habitat areas Mollusk Restoration Committee (2008, pleurocerids and other mollusk species described below constitute our best p. 53) recognizes this reach of the Coosa with similar habitat requirements. assessment of areas that currently meet River as an appropriate reintroduction The rough hornsnail currently the definition of critical habitat for the site for interrupted rocksnail, and the inhabits a small area in Yellowleaf Georgia pigtoe, interrupted rocksnail, ADCNR has initiated attempts to Creek near Alabama Highway 25 in and rough hornsnail. Table 1 identifies reintroduce the species to the reach. Shelby County, Alabama. A 3.5-km (2- the proposed units for each species; mi) reach upstream of this area is Rough hornsnail shows the occupancy of the units, the available for natural recolonization. approximate extent proposed as critical We have identified 8.5 km (7 mi) of This reach is currently inhabited by habitat for the Georgia pigtoe (GP), habitat in two stream reaches that are closely related pleurocerids and other interrupted rocksnail (IR), and rough unoccupied by the rough hornsnail but mollusk species with similar habitat hornsnail (RH); and provides that meet Criteria 1, 2, 3, 6, and 7 listed requirements and contains one or more information on the ownership of lands above in this section. The species of the PCEs required by the rough inhabits a 14-km (8-mi) reach of the hornsnail, including a geomorphically within the proposed unit. Critical Lower Coosa River below Jordan Dam; stable channel, a natural hydrograph, habitat is proposed for the stream however, appropriate habitat extends an and adequate water quality and channel within the ordinary high water additional 7 km (5 mi) downstream of substrate. line only. In Alabama and Georgia, the currently occupied areas. This stream State owns navigable stream bottoms reach is available for natural Proposed Critical Habitat Designation within the ordinary high water line, and recolonization and contains one or more We are proposing three units as all proposed units in Alabama and of the PCEs required by the rough critical habitat for the Georgia pigtoe Georgia are considered navigable. In hornsnail, including a geomorphically (GP 1, 2, and 3), three units for Tennessee, the riparian landowner owns stable channel and adequate water interrupted rocksnail (IR 1, 2, and 3), the stream bottom to the middle of the quality and substrate, as indicated by and two units for rough hornsnail (RH channel.

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

Private Ownership River State Ownership River Unit Location Occupancy Kilometers (Miles) Kilometers (Miles)

GP 1 Conasauga River Occupied 5 (3) 47 (29)

GP 2 Terrapin Creek and Coosa Unoccupied 0 35 (22)1 River

GP 3 Hatchet Creek Unoccupied 0 66 (41)

Total 5 (3) 148 (92)

IR 1 Coosa River Unoccupied 0 11 (7)1

IR 2 Oostanaula River Occupied 0 12 (7.4)

Unoccupied 0 65 (40.6)

IR 3 Lower Coosa River Occupied 0 1 (0.6)2

Unoccupied 0 12 (7.4)2

Total 0 101 (63)

RH 1 Lower Coosa River Occupied 0 14 (9)2

Unoccupied 0 7 (4)

RH 2 Yellowleaf Creek Occupied 0 3.2 (2)

Unoccupied 0 3.2 (2)

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

We present brief descriptions of all the definition found at 33 CFR 329.11, changes in the character of soil; units and reasons why they meet the and consider the ordinary high water destruction of terrestrial vegetation; the definition of critical habitat for each line on nontidal rivers to be the line on presence of litter and debris; or other species below. The proposed critical the shore established by the fluctuations appropriate means that consider the habitat units include the creek and river of water and indicated by physical characteristics of the surrounding areas. channels within the ordinary high water characteristics, such as a clear, natural For each stream reach proposed as a line. For this purpose, we have applied line impressed on the bank; shelving; critical habitat unit, the upstream and

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downstream boundaries are described the potential of significant changes in Because the minimum flows will generally below; more precise estimates stream bed material composition and originate from the large reservoir are provided in the Proposed Regulation quality by activities such as impounded by Weiss Dam, there is little Promulgation section at the end of this construction projects, livestock grazing, threat of nonpoint source pollution and proposed rule. timber harvesting, off-road vehicle use, reduced potential of stochastic threats, and other watershed and floodplain Unit GP 1: Conasauga River, Bradley such as drought and spills. ADCNR disturbances that release sediments or and Polk Counties, Tennessee, and recognizes this reach of the Coosa River nutrients into the water. Murray and Whitfield Counties, Georgia as having high conservation potential for imperiled mollusks in Alabama and Unit 1 for the Georgia pigtoe includes Unit GP 2: Terrapin Creek and Coosa River, Cherokee County, Alabama is planning to reintroduce imperiled 52 km (32 mi) of the Upper Conasauga mollusks, including the Georgia pigtoe, River from the confluence of Unit 2 for the Georgia pigtoe includes following initiation of minimum flows. Minnewaga Creek near Willis Springs, 24 km (15 mi) of Terrapin Creek from Over the past few decades, changes in Polk County, Tennessee, downstream to Alabama Highway 9 downstream to its land uses, implementation of best U.S. Highway 76 in Murray and confluence with the Coosa River, and 11 management practices for agriculture Whitfield Counties, Georgia. Critical km (7 mi) of the Coosa River from Weiss and forestry activities in the watershed, habitat is proposed for the stream Dam downstream to approximately 1.6 and implementation of State water channel within the ordinary high water km (1 mi) below the confluence of quality standards have resulted in line only. In Tennessee, the riparian Terrapin Creek in Cherokee County, improved water quality and shoal landowner owns the stream bottom to Alabama. The State of Alabama owns habitats in Terrapin Creek. The Mobile the middle of the channel. Therefore, 5 navigable stream bottoms within the River Basin Mollusk Restoration km (3 mi) of GP 1 in Tennessee is ordinary high water line, and both Committee (2008, p. 40) recognizes privately owned. In Georgia, the State Lower Terrapin Creek and the Coosa Terrapin Creek as an appropriate owns navigable stream bottoms within River are considered navigable streams. reintroduction opportunity for the The Georgia pigtoe is not currently the ordinary high water line, and the Georgia pigtoe. Conasauga is considered navigable. known to occur in Terrapin Creek or the Therefore, the State of Georgia owns 47 Coosa River. However, Unit 2 is Unit GP 3: Hatchet Creek, Coosa and km (29 mi) of Unit GP 1. essential to the conservation of the Clay Counties, Alabama The Georgia pigtoe has been collected Georgia pigtoe due to the high degree of from three shoals within the reach of the stochastic threats to the single surviving Unit 3 for the Georgia pigtoe includes Conasauga River proposed as GP 1, one population in the Conasauga River, and approximately 66 km (41 mi) of Hatchet located at each end of the reach and one the need to re-establish the species Creek, extending from Clay County site in between (Johnson and Evans within other portions of its historical Road 4, Clay County, downstream to the 2000, p. 106; Evans 2001, pp. 33–34). range in order to reduce threats from confluence of Swamp Creek at Coosa Therefore, we consider the entire reach stochastic events. County Road 29, Coosa County, of the Conasauga River that composes Lower Terrapin Creek and the Coosa Alabama. The State of Alabama owns GP 1 as occupied. Other shoals within River are within the species’ historical navigable stream bottoms within the the reach continue to be inhabited by a range, and we consider them to be ordinary high water line, and Hatchet diverse mussel community, including essential to the conservation of the Creek is considered navigable. the endangered triangular kidneyshell Georgia pigtoe. Terrapin Creek flows The Georgia pigtoe does not currently and southern pigtoe and the threatened into the Coosa River below Weiss Dam. occupy Hatchet Creek. However, fine-lined pocketbook. These species Terrapin Creek continues to support a historical records of the species show historically co-occurred in the same diverse mollusk assemblage, including their presence in this stream from its shoal habitats with the Georgia pigtoe, the endangered southern pigtoe, a confluence with the Coosa River, Coosa they have similar habitat requirements, closely related species that co-occurs County, upstream into Clay County, and their persistence indicates the with the Georgia pigtoe in the Alabama. An extensive reach of Hatchet presence of PCEs 1, 2, 3, and 4 for the Conasauga River, indicating the Creek is occupied by the threatened pigtoe. The persistence of the Georgia presence of PCEs 1, 2, 3, and 4. The fine-lined pocketbook, along with other pigtoe within three shoals of this reach endangered southern clubshell, the mollusk species that currently or also indicates the presence of an threatened fine-lined pocketbook, and historically co-occur with Georgia appropriate fish host (PCE 5). This small other mussel and snail species requiring pigtoe, indicating the presence of PCEs population of Georgia pigtoe is at a high PCEs 1, 2, 3, and 4 similar to the Georgia 1, 2, 3, and 4. A diverse fish fauna, risk of extinction due to changes in pigtoe continue to survive in the Coosa including several potential fish hosts for flow, habitat or water quality, and River just below the confluence of the pigtoe (PCE 5), is also known to stochastic events such as drought. Terrapin Creek. Additionally, a diverse inhabit Hatchet Creek. Water quality Threats to the Georgia pigtoe and its fish fauna, including potential fish hosts and shoal habitats in this stream have habitat that may require special for the Georgia pigtoe (PCE 5), is known improved relative to past historical management of the PCEs include the from Terrapin Creek and Coosa River. conditions due to changes in land uses, potential of anthropogenic activities Minimum flows from Weiss Dam into implementation of best management (such as channelization, impoundment, the Coosa River will be implemented practices in agriculture and forestry and channel excavation) that could upon completion of the Alabama Power activities in the watershed, and cause aggradation or degradation of the Company Coosa River hydropower implementation of State water quality channel bed elevation or significant relicensing process with FERC (Weiss standards. Due to these improvements, bank erosion; the potential of significant Bypass Working Group 2005, pp. 6–8) Hatchet Creek has been designated as an changes in the existing flow regime due currently in progress. These minimum Outstanding Alabama Water, which also to such activities as impoundment, flows will improve the PCEs necessary provides for increased water quality water diversion, or water withdrawal; for the survival of the Georgia pigtoe in protections. The Mobile River Basin the potential of significant alteration of the Coosa River, particularly above the Mollusk Restoration Committee (2008, water chemistry or water quality; and confluence with Terrapin Creek. p. 40) recognizes Hatchet Creek as

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having high conservation potential for stochastic threats such as drought and including the endangered triangular reintroduction of the Georgia pigtoe. spills. ADCNR recognizes this reach as kidneyshell, along with more common Re-establishing Georgia pigtoe in having high conservation potential for species of pleurocerid snails, also Hatchet Creek will significantly reduce imperiled mollusks in Alabama and is indicates the potentially suitable the level of stochastic threats to the planning to reintroduce imperiled presence of appropriate water quality species’ survival and is essential to the mollusk species, including the (PCE 3). Shoals within the 65 km (40.6 conservation of the species. We do not interrupted rocksnail, into the reach mi) of currently unoccupied reaches of know which specific shoals or reaches following initiation of minimum flows. the Oostanaula River are available to of Hatchet Creek may be capable of Re-establishing the interrupted natural recolonization of the species. supporting the Georgia pigtoe. rocksnail into the Coosa River will Expanding the range of the interrupted Therefore, we propose to designate all significantly reduce stochastic threats to rocksnail into adjacent shoals in the apparently suitable habitat within the the survival of the species and is river would greatly reduce the degree of historical range of the species in Hatchet essential to its conservation. Creek as critical habitat essential to the threat from stochastic events, and is conservation of Georgia pigtoe. Unit IR 2: Oostanaula River, Gordon and essential to the conservation of the Floyd Counties, Georgia interrupted rocksnail. Unit IR 1: Coosa River, Cherokee Unit 2 for the interrupted rocksnail County, Alabama (overlaps in part with Unit IR 3: Lower Coosa River, Elmore includes approximately 77 km (48 mi) County, Alabama GP 2, described above) of the Oostanaula River from the Unit 1 for the interrupted rocksnail Conasauga–Coosawattee confluence in Unit 3 for the interrupted rocksnail includes approximately 11 km (7 mi) of Gordon County, downstream to Georgia includes 13 km (8 mi) of the Lower the Coosa River extending from Weiss Highway 1 loop in Floyd County, Coosa River between Jordan Dam and Dam downstream to about 1.6 km (1 mi) Georgia. The State of Georgia owns Alabama Highway 111 in Elmore below the confluence of Terrapin Creek, navigable stream bottoms within the County, Alabama. The State of Alabama Cherokee County, Alabama. The State of ordinary high water line, and the owns navigable stream bottoms within Alabama owns navigable stream Oostanaula River is considered the ordinary high water line, and the bottoms within the ordinary high water navigable. Coosa River is considered navigable. line, and the Coosa River is considered The interrupted rocksnail occupies navigable. shoals along a 12-km (7.4-mi) reach of The Lower Coosa River is within the The interrupted rocksnail historically the Oostanaula River, extending from historical range of the species, and a inhabited the Coosa River in Cherokee the confluence of Johns Creek in Gordon small population of the interrupted County. Although the species does not and Floyd Counties, downstream to the rocksnail has been reintroduced into a currently occupy the area, Unit 1 is confluence of Armuchee Creek in Floyd 1-km (0.6-mi) portion of a shoal there essential to the conservation of the County, Georgia. Threats to the (ADCNR 2004, p 33). However, this interrupted rocksnail due to the high interrupted rocksnail and its habitat in reintroduced population will likely degree of stochastic threats to the single the Oostanaula River that may require require augmentations over several surviving population in the Ostanaula special management of the PCEs include years before population size can reach River and the need to re-establish the the potential of activities (such as self-sustainable levels. The remaining species within other portions of its channelization, impoundment, and 12 km (7.4 mi) of this reach, from Jordan historical range. The presence of the channel excavation) that could cause Dam downstream to the Fall Line at endangered southern clubshell, the aggradation or degradation of the Wetumpka, contains numerous high- threatened fine-lined pocketbook, and channel bed elevation or significant quality shoals and pools characteristic other mussel and snail species in the bank erosion; the potential of significant of the large river habitats historically Coosa River at and below the confluence changes in the existing flow regime due occupied by the species. Several other of Terrapin Creek indicates the presence to activities such as impoundment, species of pleurocerid snails, the of PCEs 1, 2, 3, and 4 for the interrupted hydropower generation, water endangered tulotoma snail, and a rocksnail. diversion, or water withdrawal; the diverse mussel fauna are currently Minimum flows from Weiss Dam into potential of significant alteration of found throughout the reach, indicating the Coosa River will be implemented water chemistry or water quality; and the presence and suitability of PCEs 1, upon completion of the Alabama Power the potential of significant changes in Company Coosa River hydropower stream bed material composition and 2, 3, and 4 for the interrupted rocksnail relicensing process with FERC (Weiss quality by activities such as in this reach. Historical threats, Bypass Working Group 2005, pp. 6–8) construction projects, livestock grazing, including seasonal loss of flow and low currently in progress. These minimum timber harvesting, off-road vehicle use, dissolved oxygen, were eliminated in flows will improve the PCEs necessary and other watershed and floodplain 1990 by implementation of minimum for the survival of the interrupted disturbances that release sediments or flows from Jordan Dam by the Alabama rocksnail in about 11 km (7 mi) of the nutrients into the water. Power Company. As noted, ADCNR Coosa River, between Weiss Dam Although there are no recent recognizes the Lower Coosa River as an downstream to the confluence with collections of the species from shoal appropriate location for imperiled Terrapin Creek. Implementation of habitats above and below the currently mollusk reintroductions and has begun minimum flows from Weiss Dam (Weiss inhabited reach, these currently efforts to reestablish the interrupted Bypass Working Group 2005, pp. 6–8) unoccupied areas contain three of the rocksnail into this reach. Due to the will improve PCEs necessary for the PCEs required by the species, including extremely limited distribution of the survival of the interrupted rocksnail. geomorphically stable stream channels, interrupted rocksnail and the high The majority of flow into the reach natural flows, and appropriate degree of stochastic threats to the single above the confluence of Terrapin Creek substrates (PCEs 1, 2, and 4). The natural population, reestablishing the originates from Weiss Dam. Therefore, presence of other mollusk species with species in the Lower Coosa River is there is little threat of nonpoint source similar habitat requirements as the essential to the conservation of the pollution, and reduced potential of interrupted rocksnail in this reach, interrupted rocksnail.

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Unit RH 1: Lower Coosa River, Elmore disturbances that release sediments or destroy or adversely modify critical County, Alabama (overlaps in part with nutrients into the water. habitat. Decisions by the courts of IR 3, described above) appeals for the Fifth and Ninth Circuits Unit RH 2: Yellowleaf Creek, Shelby have invalidated our definition of County, Alabama Unit 1 for the rough hornsnail ‘‘destruction or adverse modification’’ includes 21 km (13 mi) of the Lower Unit 2 for the rough hornsnail (50 CFR 402.02) (see Gifford Pinchot Coosa River extending from Jordan Dam, includes approximately 6.4 km (4 mi) of Task Force v. U.S. Fish and Wildlife downstream to the confluence of the the Yellowleaf Creek channel from the Service, 378 F.3d 1059 (9th Cir. 2004) Tallapoosa River in Elmore County, confluence of Morgan Creek, and Sierra Club v. U.S. Fish and Alabama. The State of Alabama owns downstream to 1.6 km (1 mi) below the Wildlife Service, 245 F.3d 434, 442 (5th navigable stream bottoms within the Alabama Highway 25 crossing in Shelby Cir. 2001)), and we do not rely on this ordinary high water line, and the Coosa County, Alabama. The State of Alabama regulatory definition when analyzing River is considered navigable. We owns navigable stream bottoms within whether an action is likely to destroy or believe PCEs 1, 2, 3, and 4 to be suitable the ordinary high water line, and the adversely modify critical habitat. Under throughout the reach, due to the lower reach of Yellowleaf Creek is the provisions of the Act, we determine presence of rough hornsnail colonies or considered navigable. destruction or adverse modification on other closely related pleurocerid snail The rough hornsnail occupies a 3.2- the basis of whether, with species that are known to co-occur with km (2-mi) reach of Yellowleaf Creek implementation of the proposed Federal the hornsnail and have similar habitat above and below Alabama Highway 25. action, the affected critical habitat requirements. We are also proposing a 3.2-km (2-mi) would remain functional (or retain the Early 1990 records of rough hornsnail reach of currently unoccupied habitat current ability for the PCEs to be from the reach of the Coosa River above this reach. This upstream reach is functionally established) to serve its between Jordan Dam and the Fall Line characterized by a stable channel, intended conservation role for the (FLMNH 2006), and more recent records natural flows, and appropriate water species. Section 7(a)(4) of the Act of the hornsnail extending 2 km (1.2 mi) quality and substrates (PCEs 1, 2, 3, and requires Federal agencies to confer with below the Fall Line (J. Garner and P. 4). The shoals and pools within the the Service on any action that is likely Hartfield pers. obsv. 2001), indicate an unoccupied reach are inhabited by the to jeopardize the continued existence of occupied range of 14 km (9 mi) in the endangered triangular kidneyshell, a species proposed for listing or result Lower Coosa River. An additional 7-km southern clubshell, and cylindrical in destruction or adverse modification (4-mi) channel reach extending lioplax snail, as well as other more of proposed critical habitat. This is a downstream to the confluence of the common species of mussels and snails procedural requirement only, as any Tallapoosa River is not currently that require similar PCEs as the conservation recommendations in a occupied. This downstream unoccupied hornsnail. Increasing the range and conference report or opinion are strictly area is available for natural numbers of the rough hornsnail into this advisory. recolonization, and contains PCEs 1, 2, currently unoccupied area will decrease The primary utility of the conference 3, and 4, including a geomorphically the vulnerability of this population and procedures is to allow a Federal agency stable channel, and adequate flow, the species to stochastic threats, and is to maximize its opportunity to water quality, and substrate, as essential to its conservation. adequately consider species proposed indicated by the presence of closely Threats to the rough hornsnail and its for listing and proposed critical habitat related pleurocerids and other mollusk habitat in Yellowleaf Creek that may and, if we list the proposed species or species with similar habitat require special management of PCEs 1, designate proposed critical habitat, to requirements. Expanding the range of 2, 3, and 4 include the potential of avoid potential delays in implementing rough hornsnail into the currently activities (such as channelization, their proposed action because of the unoccupied downstream habitat would impoundment, and channel excavation) section 7(a)(2) compliance process. We may conduct conferences either reduce the level of stochastic threats to that could cause aggradation or informally or formally. We typically use the species, and is essential to its degradation of the channel bed informal conferences as a means of conservation. elevation or significant bank erosion; the potential of significant changes in providing advisory conservation Threats to the rough hornsnail and its recommendations to assist the agency in habitat in the Coosa River that may the existing flow regime due to such activities as water diversion or water eliminating conflicts that the proposed require special management of the PCEs action may cause. We typically use include the potential of activities (such withdrawal; and the potential of significant alteration of water chemistry formal conferences when we or the as channelization, impoundment, and Federal agency believes the proposed channel excavation) that could cause or water quality due to discharges or nonpoint source pollution; the potential action is likely to jeopardize the aggradation or degradation of the continued existence of the species channel bed elevation or significant of significant changes in stream bed material composition and quality by proposed for listing or adversely modify bank erosion; the potential of significant proposed critical habitat. activities such as construction projects, changes in the existing flow regime due We generally provide the results of an livestock grazing, timber harvesting, and to such activities as hydropower informal conference in a conference generation, water diversion, or water other watershed and floodplain report, while we provide the results of withdrawal; the potential of significant disturbances that release sediments or a formal conference in a conference alteration of water chemistry or water nutrients into the water. opinion. We typically prepare quality due to discharges or land use Effects of Critical Habitat Designation conference opinions on proposed activities; and the potential of species or critical habitat in accordance significant changes in stream bed Section 7 Consultation with procedures contained at 50 CFR material composition and quality by Section 7(a)(2) of the Act requires 402.14, as if the proposed species were activities such as construction projects, Federal agencies, including the Service, already listed or the proposed critical livestock grazing, timber harvesting, and to ensure that actions they fund, habitat was already designated. We may other watershed and floodplain authorize, or carry out are not likely to adopt the conference opinion as the

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biological opinion when the species is • Would, in the Director’s opinion, but are not limited to, instream listed or the critical habitat is avoid jeopardizing the continued excavation or dredging, impoundment, designated, if no substantial new existence of the listed species or channelization, and discharge of fill information or changes in the action destroying or adversely modifying materials. These activities could cause alter the content of the opinion (see 50 critical habitat. aggradation or degradation of the CFR 402.10(d)). Reasonable and prudent alternatives channel bed elevation or significant If a species is listed or critical habitat can vary from slight project bank erosion and result in entrainment is designated, section 7(a)(2) of the Act modifications to extensive redesign or or burial of these mollusks, and could requires Federal agencies to ensure that relocation of the project. Costs cause other direct or cumulative adverse activities they authorize, fund, or carry associated with implementing a effects to these species and their life out are not likely to jeopardize the reasonable and prudent alternative are cycles. continued existence of the species or to similarly variable. (2) Actions that would significantly destroy or adversely modify its critical Regulations at 50 CFR 402.16 require alter the existing flow regime. Such habitat. Activities on State, tribal, local, Federal agencies to reinitiate activities could include, but are not or private lands requiring a Federal consultation on previously reviewed limited to, impoundment, water permit (such as a permit from the U.S. actions in instances where we have diversion, water withdrawal, and Army Corps of Engineers under section listed a new species or subsequently hydropower generation. These activities 404 of the Clean Water Act (33 U.S.C. designated critical habitat that may be could eliminate or reduce the habitat 1251 et seq.) or a permit from the affected and the Federal agency has necessary for growth and reproduction Service under section 10 of the Act) or retained discretionary involvement or of these mollusks. involving some other Federal action control over the action (or the agency’s (3) Actions that would significantly (such as funding from the Federal discretionary involvement or control is alter water chemistry or water quality Highway Administration, Federal authorized by law). Consequently, (for example, temperature, pH, Aviation Administration, or the Federal Federal agencies may sometimes need to contaminants, and excess nutrients). Emergency Management Agency) are request reinitiation of consultation with Such activities could include, but are subject to the section 7(a)(2) us on actions for which formal not limited to, hydropower discharges, consultation process. Federal actions consultation has been completed, if or the release of chemicals, biological not affecting listed species or critical those actions with discretionary pollutants, or heated effluents into habitat, and actions on State, Tribal, involvement or control may affect surface water or connected groundwater local, or private lands that are not subsequently listed species or at a point source or by dispersed release federally funded, authorized, or designated critical habitat. (non-point source). These activities permitted, do not require section 7(a)(2) Application of the ‘‘Adverse could alter water conditions that are consultations. Modification’’ Standard beyond the tolerances of these mollusks and result in direct or cumulative If a Federal action may affect a listed The key factor related to the adverse adverse affects to the species and their species or its critical habitat, the modification determination is whether, life cycles. responsible Federal agency (action with implementation of the proposed agency) must enter into consultation (4) Actions that would significantly Federal action, the affected critical alter stream bed material composition with us. As a result of this consultation, habitat would continue to serve its we document compliance with the and quality by increasing sediment intended conservation role for the deposition or filamentous algal growth. requirements of section 7(a)(2) through species, or would retain its current our issuance of: Such activities could include, but are ability for the PCEs to be functionally not limited to, construction projects, (1) A concurrence letter for Federal established. Activities that may destroy actions that may affect, but are not livestock grazing, timber harvest, off- or adversely modify critical habitat are road vehicle use, and other watershed likely to adversely affect, listed species those that alter the PCEs to an extent or critical habitat; or and floodplain disturbances that release that appreciably reduces the sediments or nutrients into the water. (2) A biological opinion for Federal conservation value of critical habitat for actions that may affect, and are likely to These activities could eliminate or each species (the Georgia pigtoe, reduce habitats necessary for the growth adversely affect, listed species or critical interrupted rocksnail, and rough habitat. and reproduction of these mollusks by hornsnail). causing excessive sedimentation and When we issue a biological opinion Section 4(b)(8) of the Act requires us burial of the species or their habitats, or concluding that a project is likely to to briefly evaluate and describe, in any nutrification leading to excessive jeopardize the continued existence of a proposed or final regulation that filamentous algal growth. Excessive listed species or destroy or adversely designates critical habitat, activities filamentous algal growth can cause modify critical habitat, we also provide involving a Federal action that may reduced nighttime dissolved oxygen reasonable and prudent alternatives to destroy or adversely modify such levels through respiration, cover the the project, if any are identifiable. We habitat, or that may be affected by such hard substrates required by aquatic define ‘‘reasonable and prudent designation. alternatives’’ at 50 CFR 402.02 as Activities that, when carried out, snails for egg deposition, and prevent alternative actions identified during funded, or authorized by a Federal mussel glochidia from settling into consultation that: agency, may affect critical habitat and stream sediments. • Can be implemented in a manner therefore should result in consultation Exemptions and Exclusion consistent with the intended purpose of for each species (Georgia pigtoe, the action, interrupted rocksnail, and rough Application of Section 4(a)(3) of the Act • Can be implemented consistent with hornsnail) include, but are not limited The Sikes Act Improvement Act of the scope of the Federal agency’s legal to: 1997 (Sikes Act) (16 U.S.C. 670a) authority and jurisdiction, (1) Actions that would alter the required each military installation that • Are economically and geomorphology of their stream and river includes land and water suitable for the technologically feasible, and habitats. Such activities could include, conservation and management of

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natural resources to complete an lands owned or managed by the it will result in the extinction of the integrated natural resources Department of Defense (DOD) where a species concerned. management plan (INRMP) by national security impact might exist. We We are evaluating the economic November 17, 2001. An INRMP also consider whether landowners have impacts of proposing critical habitat for integrates implementation of the developed any conservation plans for the Georgia pigtoe, interrupted military mission of the installation with the area, or whether there are rocksnail, and rough hornsnail. We will stewardship of the natural resources conservation partnerships that would be announce the availability of the draft found on the base. Among other things, encouraged by designation of, or economic analysis as soon as it is each INRMP must, to the extent exclusion of lands from, critical habitat. completed, at which time we will seek appropriate and applicable, provide for In addition, we look at any tribal issues, public review and comment. At that fish and wildlife management; fish and and consider the government-to- time, copies of the draft economic wildlife habitat enhancement or government relationship of the United analysis will be available for modification; wetland protection, States with tribal entities. We also downloading from the Internet at the enhancement, and restoration where consider the economic impacts, Federal eRulemaking Portal: http:// necessary to support fish and wildlife; environmental impacts, and any social www.regulations.gov, or by contacting and enforcement of applicable natural impacts that might occur because of the the Mississippi Fish and Wildlife Office resource laws. designation. directly (see FOR FURTHER INFORMATION The National Defense Authorization This discussion of the potential CONTACT). We may exclude areas from Act for Fiscal Year 2004 (Pub. L. 108- economic and other impacts of critical the final rule based on the information 136) amended the Act to limit areas habitat designation is separate from and in the economic analysis. eligible for designation as critical has not been considered in the proposed Available Conservation Measures habitat. Specifically, section 4(a)(3)(B)(i) listing rule. The inclusion of this of the Act (16 U.S.C. 1533(a)(3)(B)(i)) information in the proposed rule is Conservation measures provided to now provides: ‘‘The Secretary shall not solely for the purpose of soliciting species listed as endangered or designate as critical habitat any lands or public comments on the proposed threatened under the Act include other geographical areas owned or critical habitat designation, not the recognition, recovery actions, controlled by the Department of proposed listing. requirements for Federal protection, and Defense, or designated for its use, that Under section 4(b)(2) of the Act, in prohibitions against certain practices. are subject to an integrated natural considering whether to exclude a Recognition through listing encourages resources management plan prepared particular area from the designation, we and results in conservation actions by under section 101 of the Sikes Act (16 must identify the benefits of including Federal, State, and private agencies; U.S.C. 670a), if the Secretary determines the area in the designation, identify the groups; and individuals. The Act in writing that such plan provides a benefits of excluding the area from the provides for possible land acquisition benefit to the species for which critical designation, and determine whether the and cooperation with the States and habitat is proposed for designation.’’ benefits of exclusion outweigh the requires that recovery actions be carried There are no Department of Defense benefits of inclusion. If, based on this out for all listed species. The protection lands with a completed INRMP within analysis, we determine that the benefits required of Federal agencies and the the proposed critical habitat designation of exclusion outweigh the benefits of prohibitions against taking and harm are for any of the three species. inclusion, we can exclude the area only discussed, in part, below. if such exclusion would not result in the Section 7(a) of the Act, as amended, Application of Section 4(b)(2) of the Act extinction of the species. requires Federal agencies to evaluate Section 4(b)(2) of the Act states that In preparing this proposed rule, we their actions with respect to any species the Secretary must designate or make have determined that the lands within that is proposed or listed as endangered revisions to critical habitat on the basis the proposed designation of critical or threatened and with respect to its of the best available scientific data after habitat for the Georgia pigtoe, critical habitat, if any is being taking into consideration the economic interrupted rocksnail, and rough designated. Regulations implementing impact, national security impact, and hornsnail are not owned or managed by this interagency cooperation provision any other relevant impact of specifying the Department of Defense; there are of the Act are codified at 50 CFR part any particular area as critical habitat. currently no HCPs for the Georgia 402. Federal agencies are required to The Secretary may exclude an area from pigtoe, interrupted rocksnail, and rough confer with us informally on any action critical habitat if he determines that the hornsnail; and the proposed designation that is likely to jeopardize the continued benefits of such exclusion outweigh the does not include any tribal lands or existence of a proposed species, or benefits of specifying such area as part trust resources. At this time, we have result in destruction or adverse of the critical habitat, unless he not identified areas for which the modification of proposed critical determines, based on the best scientific benefits of exclusion outweigh the habitat. If a species is listed data available, that the failure to benefits of inclusion; therefore, we are subsequently, section 7(a)(2) requires designate such area as critical habitat not identifying any specific proposed Federal agencies to ensure that activities will result in the extinction of the exclusions for the designation of critical they authorize, fund, or carry out are not species. In making that determination, habitat for interrupted rocksnail, rough likely to jeopardize the continued the legislative history is clear that the hornsnail, or Georgia pigtoe. existence of such a species or to destroy Secretary has broad discretion regarding or adversely modify its critical habitat. which factors to use and how much Economics If a Federal action may affect a listed weight to give to any factor. Section 4(b)(2) of the Act allows the species or its critical habitat, the Under section 4(b)(2) of the Act, we Secretary to exclude areas from critical responsible Federal agency must enter must consider the economic impact, habitat for economic reasons if the into formal consultation with the national security impact, and any other Secretary determines that the benefits of Service. relevant impact of specifying any such exclusion exceed the benefits of Federal activities that may affect the particular area as critical habitat. For designating the area as critical habitat. Georgia pigtoe, interrupted rocksnail, example, we consider whether there are However, this exclusion cannot occur if and rough hornsnail include, but are not

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limited to, the carrying out or the connection with otherwise lawful pigtoe, interrupted rocksnail, and rough issuance of permits for reservoir activities. hornsnail; construction, stream alterations, Under the Interagency Cooperative (2) Unlawful destruction or alteration discharges, wastewater facility Policy for Endangered Species Act of their habitats (such as unpermitted development, water withdrawal Section 9 Prohibitions, published in the instream dredging, impoundment, projects, pesticide registration, mining, Federal Register on July 1, 1994 (59 FR channelization, or discharge of fill and road and bridge construction. It has 34272), we identify to the maximum material) that impairs essential been the experience of the Service, extent practicable those activities that behaviors, such as breeding, feeding, or however, that nearly all section 7 would or would not constitute a sheltering, or results in killing or consultations have been resolved so that violation of section 9 of the Act if the injuring any of these species; the species have been protected and the Georgia pigtoe, interrupted rocksnail, (3) Violation of any discharge or water project objectives have been met. and rough hornsnail are listed. The withdrawal permit that results in harm Listing the Georgia pigtoe, interrupted intent of this policy is to increase public or death to any of these species or that rocksnail, and rough hornsnail initiates awareness as to the effects of these results in degradation of their occupied the development and implementation of proposed listings on future and ongoing habitat to an extent that essential rangewide recovery plans for each activities within a species’ range. We behaviors such as breeding, feeding and species. These plans will bring together believe, based on the best available sheltering are impaired; and Federal, State, and local agency efforts information, that the following actions (4) Unauthorized discharges or for the conservation of these species. will not result in a violation of the dumping of toxic chemicals or other Recovery plans will establish a provisions of section 9 of the Act, pollutants into waters supporting the framework for agencies to coordinate provided these actions are carried out in Georgia pigtoe, interrupted rocksnail, and rough hornsnail that kills or injures their recovery efforts. The plans will set accordance with existing regulations these species, or otherwise impairs recovery priorities and estimate the and permit requirements: essential life-sustaining requirements, costs of the tasks necessary to (1) Possession, delivery, or movement, accomplish the priorities. They also will such as reproduction, food, or shelter. including interstate transport that does Other activities not identified above describe the site-specific actions not involve commercial activity, of necessary to achieve conservation and will be reviewed on a case-by-case basis specimens of these species that were to determine if a violation of section 9 survival of each species. legally acquired prior to the addition of Listing also will require us to review of the Act may be likely to result from these three mollusks on the Federal any actions on Federal lands and such activity should these mollusks Register of the Federal List of activities under Federal jurisdiction that become listed. The Service does not Endangered or Threatened Wildlife; may affect the three species; allow State consider these lists to be exhaustive and (2) Discharges into waters supporting plans to be developed under section 6 provides them as information to the of the Act; encourage scientific the Georgia pigtoe, interrupted public. investigations of efforts to enhance the rocksnail, and rough hornsnail, If you have questions regarding propagation or survival of the species provided these activities are carried out whether specific activities will likely under section 10(a)(1)(A) of the Act; and in accordance with existing regulations violate the provisions of section 9 of the promote habitat conservation plans non- and permit requirements (e.g., activities Act, contact the Mississippi Fish and Federal lands and activities under subject to section 404 of the Clean Water Wildlife Office (see FOR FURTHER section 10(a)(1)(B) of the Act. Act and discharges regulated under the INFORMATION CONTACT). Requests for The Act and its implementing National Pollutant Discharge copies of regulations regarding listed regulations found at 50 CFR 17.21 set Elimination System (NPDES)); species and inquiries about prohibitions forth a series of general prohibitions and (3) Development and construction and permits should be addressed to the exceptions that apply to all endangered activities designed and implemented U.S. Fish and Wildlife Service, wildlife. These prohibitions, in part, under State and local water quality Ecological Services Division, 1875 make it illegal for any person subject to regulations and implemented using Century Boulevard, Atlanta, GA 30345 the jurisdiction of the United States to approved best management practices; (phone 404–679–7313; fax 404–679– take (includes harass, harm, pursue, and 7081). hunt, shoot, wound, kill, trap, capture, (4) Any actions that may affect the or collect, or to attempt any of these), Georgia pigtoe, interrupted rocksnail, Peer Review import or export, ship in interstate and rough hornsnail that are authorized, In accordance with our joint policy commerce in the course of commercial funded, or carried out by a Federal published in the Federal Register on activity, or sell or offer for sale in agency (such as bridge and highway July 1, 1994 (59 FR 34270), we will seek interstate or foreign commerce any construction, pipeline construction, the expert opinions of at least three listed species. It also is illegal to hydropower licensing), when the action appropriate and independent specialists possess, sell, deliver, carry, transport, or is conducted in accordance with the regarding this proposed rule. The ship any wildlife that has been taken consultation requirements for listed purpose of such review is to ensure that illegally. Certain exceptions apply to species under section 7 of the Act. our proposed actions are based on agents of the Service and State Potential activities that we believe scientifically sound data, assumptions, conservation agencies. will likely be considered a violation of and analyses. We will send copies of Permits may be issued to carry out section 9 of the Act if these species this proposed rule to these peer otherwiseprohibited activities involving become listed, include, but are not reviewers immediately following endangered wildlife species under limited to, the following: publication in the Federal Register. We certain circumstances. Regulations (1) Unauthorized possession, will invite these peer reviewers to governing permits are set forth at 50 collecting, trapping, capturing, killing, comment, during the public comment CFR 17.22 and 17.23. Such permits are harassing, sale, delivery, or movement, period, on the specific assumptions and available for scientific purposes, to including interstate and foreign conclusions regarding the proposed enhance the propagation or survival of commerce, or harming, or attempting listing and designation of critical the species, and for incidental take in any of these actions, of the Georgia habitat.

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We will consider all comments and flexibility analysis is required if the excludes ‘‘a duty arising from information received during the head of the agency certifies the rule will participation in a voluntary Federal comment period on this proposed rule not have a significant economic impact program,’’ unless the regulation ‘‘relates during preparation of a final on a substantial number of small to a then-existing Federal program rulemaking. Accordingly, the final entities. The SBREFA amended the under which $500,000,000 or more is decision may differ from this proposal. Regulatory Flexibility Act (RFA) to provided annually to State, local, and require Federal agencies to provide a tribal governments under entitlement Public Hearings statement of the factual basis for authority,’’ if the provision would The Act provides for one or more certifying that the rule will not have a ‘‘increase the stringency of conditions of public hearings on this proposal, if significant economic impact on a assistance’’ or ‘‘place caps upon, or requested. Requests for public hearings substantial number of small entities. We otherwise decrease, the Federal must be made in writing within 45 days currently have some information Government’s responsibility to provide of the publication of this proposal (see available but have not evaluated it for funding,’’ and the State, local, or tribal DATES and ADDRESSES sections). We the three species. At this time, we lack governments ‘‘lack authority’’ to adjust will schedule public hearings on this the economic information necessary to accordingly. At the time of enactment, proposal, if any are requested, and provide an adequate factual basis for the these entitlement programs were: announce the dates, times, and places of required RFA finding. This includes Medicaid; AFDC work programs; Child those hearings in the Federal Register information on hydroelectric generation, Nutrition; Food Stamps; Social Services and local newspapers at least 15 days transportation, mining, permitted Block Grants; Vocational Rehabilitation prior to the first hearing. discharges, as well as other economic State Grants; Foster Care, Adoption Persons needing reasonable factors within the Coosa River Basin. Assistance, and Independent Living; accommodations to attend and We will evaluate that information and Family Support Welfare Services; and participate in the public hearings solicit additional information, if needed, Child Support Enforcement. ‘‘Federal should phone Connie Dickard at 601– to determine potential economic private sector mandate’’ includes a 321–1121 as soon as possible. To allow impacts of the critical habitat regulation that ‘‘would impose an sufficient time to process requests, designation. enforceable duty upon the private please call no later than one week before Our draft economic analysis will sector, except (i) a condition of Federal the hearing date. Information regarding provide updated and more complete assistance or (ii) a duty arising from the proposal is available in alternative information to enable us to verify or participation in a voluntary Federal formats upon request. change this initial finding as to the program.’’ proposed designation of critical habitat The designation of critical habitat Regulatory Planning and Review for each species. Upon completion of does not impose a legally binding duty The Office of Management and Budget the draft economic analysis, we will on non-Federal government entities or (OMB) has determined that this rule is announce availability of the draft private parties. Under the Act, the only not significant under Executive Order economic analysis of the proposed regulatory effect is that Federal agencies 12866 (E.O. 12866). OMB bases its designation in the Federal Register and must ensure that their actions do not determination upon the following four reopen the public comment period for jeopardize the continued existence of criteria: the proposed designation. We will the species, or destroy or adversely (a) Whether the rule will have an include with this announcement, as modify critical habitat under section 7. annual effect of $100 million or more on appropriate, an initial regulatory While non-Federal entities that receive the economy or adversely affect an flexibility analysis or a certification that Federal funding, assistance, or permits, economic sector, productivity, jobs, the the rule will not have a significant or that otherwise require approval or environment, or other units of the economic impact on a substantial authorization from a Federal agency for government. number of small entities accompanied an action, may be indirectly impacted (b) Whether the rule will create by the factual basis for that by the designation of critical habitat, the inconsistencies with other Federal determination. legally binding duty to avoid agencies’ actions. destruction or adverse modification of Unfunded Mandates Reform Act (2 (c) Whether the rule will materially critical habitat rests squarely on the U.S.C. 1501 et seq.) affect entitlements, grants, user fees, Federal agency. Furthermore, to the loan programs, or the rights and In accordance with the Unfunded extent that non-Federal entities are obligations of their recipients. Mandates Reform Act (2 U.S.C. 1501), indirectly impacted because they (d) Whether the rule raises novel legal the Service makes the following receive Federal assistance or participate or policy issues. findings: in a voluntary Federal aid program, the (a) This rule will not produce a Unfunded Mandates Reform Act would Regulatory Flexibility Act (5 U.S.C. 601 Federal mandate. In general, a Federal not apply; nor would listing these et seq.) mandate is a provision in legislation, species or designating critical habitat Under the Regulatory Flexibility Act statute or regulation that would impose shift the costs of the large entitlement (5 U.S.C. 601 et seq., as amended by the an enforceable duty upon State, local, programs listed above on to State Small Business Regulatory Enforcement tribal governments, or the private sector governments. Fairness Act (SBREFA) of 1996), and includes both ‘‘Federal (b) We do not believe that the whenever an agency is required to intergovernmental mandates’’ and proposed designation of critical habitat publish a notice of rulemaking for any ‘‘Federal private sector mandates.’’ for the Georgia pigtoe, interrupted proposed or final rule, it must prepare These terms are defined in 2 U.S.C. rocksnail, or rough hornsnail will and make available for public comment 658(5)–(7). ‘‘Federal intergovernmental significantly or uniquely affect small a regulatory flexibility analysis that mandate’’ includes a regulation that governments because these mollusk describes the effects of the rule on small ‘‘would impose an enforceable duty species occur primarily in State-owned entities (small businesses, small upon State, local, or tribal governments’’ river channels, or in remote privately organizations, and small government with two exceptions. It excludes ‘‘a owned stream channels. As such, a jurisdictions). However, no regulatory condition of Federal assistance.’’ It also Small Government Agency Plan is not

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required. We will, however, further meets the requirements of sections 3(a) (b) Use the active voice to address evaluate this issue as we conduct our and 3(b)(2) of the Order. We have readers directly; economic analysis and revise this proposed designating critical habitat for (c) Use clear language rather than assessment if appropriate. the Georgia pigtoe, interrupted jargon; rocksnail, and rough hornsnail in (d) Be divided into short sections and Takings accordance with the provisions of the sentences; and In accordance with Executive Order Act. This proposed rule uses standard (e) Use lists and tables wherever 12630 (‘‘Government Actions and property descriptions and identifies the possible. Interference with Constitutionally PCEs within the designated areas to If you feel that we have not met these Protected Private Property Rights’’), we assist the public in understanding the requirements, send us comments by one have analyzed the potential takings habitat needs of the Georgia pigtoe, of the methods listed in the ADDRESSES implications of designating critical interrupted rocksnail, and rough section. To better help us revise the habitat for the Georgia pigtoe, hornsnail. rule, your comments should be as interrupted rocksnail, and rough specific as possible. For example, you hornsnail in a takings implications Paperwork Reduction Act of 1995 (44 should tell us the numbers of the assessment. The takings implications U.S.C. 3501 et seq.) sections or paragraphs that are unclearly assessment concludes that this This rule does not contain any new written, which sections or sentences are designation of critical habitat for the collections of information that require too long, the sections where you feel Georgia pigtoe, interrupted rocksnail, approval by OMB under the Paperwork lists or tables would be useful, etc. and rough hornsnail does not pose Reduction Act. This rule will not Government-to-Government significant takings implications. impose recordkeeping or reporting Relationship with Tribes Federalism requirements on State or local In accordance with the President’s governments, individuals, businesses, or In accordance with Executive Order memorandum of April 29, 1994, organizations. An agency may not 13132 (Federalism), the rule does not ‘‘Government-to-Government Relations conduct or sponsor, and a person is not have significant Federalism effects. A with Native American Tribal required to respond to, a collection of Federalism assessment is not required. Governments’’ (59 FR 22951), Executive information unless it displays a In keeping with DOI and Department of Order 13175, and the Department of currently valid OMB control number. Commerce policy, we requested Interior’s manual at 512 DM 2, we information from, and coordinated National Environmental Policy Act readily acknowledge our responsibility development of this proposed critical (NEPA) (42 U.S.C. 4321 et. seq.) to communicate meaningfully with habitat designation with, appropriate recognized Federal tribes on a We have determined that State resource agencies in Alabama, government-to-government basis. We environmental assessments and Georgia, and Tennessee. The critical have determined that there are no tribal environmental impact statements, as habitat designation may have some lands occupied at the time of listing defined under the authority of the benefit to these governments in that the contain the features essential for the National Environmental Policy Act of areas that contain the features essential conservation and no tribal lands that are 1969, need not be prepared in to the conservation of the species are unoccupied areas that are essential for connection with regulations adopted more clearly defined, and the PCEs of the conservation of the Georgia pigtoe, under section 4(a) of the Act. We the habitat necessary to the conservation interrupted rocksnail, and rough published a notice outlining our reasons of the species are specifically identified. hornsnail. Therefore, designation of for this determination in the Federal While making this definition and critical habitat for the Georgia pigtoe, Register on October 25, 1983 (48 FR identification does not alter where and interrupted rocksnail, and rough 49244). what federally sponsored activities may hornsnail has not been proposed on occur, it may assist these local Also, it is our position that, outside Tribal lands. the jurisdiction of the United States governments in long-range planning Energy Supply, Distribution, or Use (rather than waiting for case-by-case Court of Appeals for the Tenth Circuit, section 7 consultations to occur). we do not need to prepare On May 18, 2001, the President issued Where State and local governments environmental analyses as defined by an Executive Order (E.O. 13211; Actions require approval or authorization from a NEPA (42 U.S.C. 4321 et seq.) in Concerning Regulations That Federal agency for actions that may connection with designating critical Significantly Affect Energy Supply, affect critical habitat, consultation habitat under the Act. We published a Distribution, or Use) on regulations that under section 7(a)(2) of the Act would notice outlining our reasons for this significantly affect energy supply, be required. While non-Federal entities determination in the Federal Register distribution, and use. E.O. 13211 that receive Federal funding, assistance, on October 25, 1983 (48 FR 49244). This requires agencies to prepare Statements or permits, or that otherwise require assertion was upheld by the Circuit of Energy Effects when undertaking approval or authorization from a Federal Court of the United States for the Ninth certain actions. We do not expect the agency for an action, may be indirectly Circuit (Douglas County v. Babbitt, 48 designation of critical habitat for the impacted by the designation of critical F.3d 1495 (9th Cir. 1995), cert. denied Georgia pigtoe, interrupted rocksnail, or habitat, the legally binding duty to 516 U.S. 1042 (1996)). rough hornsnail to significantly affect avoid destruction or adverse Clarity of the Rule energy supplies, distribution, or use. modification of critical habitat rests Although two of the proposed units are squarely on the Federal agency. We are required by Executive Orders below hydropower reservoirs, current 12866 and 12988 and by the and proposed operating regimes have Civil Justice Reform Presidential Memorandum of June 1, been deemed adequate for the species, In accordance with Executive Order 1998, to write all rules in plain and therefore their operations will not 12988, the Office of the Solicitor has language. This means that each rule we be affected by the proposed listing or determined that the rule does not publish must: designation of critical habitat. All other unduly burden the judicial system and (a) Be logically organized; proposed units are remote from energy

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supply, distribution, or use activities. Author(s) PART 17—[AMENDED] Therefore, we have determined that this The primary author of this package is 1. The authority citation for part 17 action is not a significant energy action, continues to read as follows: and no Statement of Energy Effects is Paul Hartfield (see FOR FURTHER INFORMATION CONTACT section). Authority: 16 U.S.C. 1361–1407; 16 required. However, we will further U.S.C. 1531–1544; 16 U.S.C. 4201–4245; evaluate this issue as we conduct our List of Subjects in 50 CFR Part 17 Pub. L. 99–625, 100 Stat. 3500; unless economic analysis, and review and otherwise noted. revise this assessment as warranted. Endangered and threatened species, 2. Amend § 17.11(h) as follows: Exports, Imports, Reporting and a. Add ‘‘Pigtoe, Georgia’’ in References Cited recordkeeping requirements, alphabetical order under ‘‘CLAMS;’’ and A complete list of all references cited Transportation. b. Add ‘‘Rocksnail, interrupted’’ and in this rulemaking is available upon ‘‘Hornsnail, rough’’ in alphabetical Proposed Regulation Promulgation request from the Field Supervisor, order under ‘‘SNAILS,’’ to the List of Endangered and Threatened Wildlife to Mississippi Fish and Wildlife Office Accordingly, we propose to amend read as follows: (see FOR FURTHER INFORMATION CONTACT part 17, subchapter B of chapter I, title section). § 17.11 Endangered and threatened 50 of the Code of Federal Regulations, wildlife. as set forth below: * * * * * (h) * * *

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

*******

CLAMS

*******

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

*******

SNAILS

*******

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

*******

Rocksnail, inter- Leptoxis U.S.A. (AL, NA E 17.95(f) NA rupted foremani GA)

*******

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

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(4) Critical habitat unit maps. Maps upstream and downstream limits were (5) Note: Index map of critical habitat were developed from USGS 7.5’ then identified by longitude and units for the Georgia pigtoe follows: quadrangles, and critical habitat unit latitude using decimal degrees. BILLING CODE 4310–55–S

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(6) Unit 1 for Georgia pigtoe (GP 1): confluence of Minnewaga Creek 34.783154), Murray/Whitfield County, Conasauga River, Bradley and Polk (longitude 84.690540, latitude Georgia. Counties, Tennessee; Murray and 35.003703), Polk County, Tennessee, (ii) Note: Map of Unit 1 (GP 1) for Whitfield Counties, Georgia. downstream to U.S. Highway 76 Georgia pigtoe (Conasauga River) (i) Unit GP 1 includes the channel of (longitude 84.873083, latitude follows: the Conasauga River from the

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(7) Unit 2 for Georgia pigtoe (GP 2), confluence with the Coosa River Terrapin Creek (longitude 85.701407, Terrapin Creek and Coosa River, (longitude 85.687750, latitude latitude 34.123895), Cherokee County, Cherokee County, Alabama. 34.13084), Cherokee County, Alabama; Alabama. (i) Unit GP 2 includes the channel of and the Coosa River channel from Weiss (ii) Note: Map of Unit 2 (GP 2) for Terrapin Creek from Alabama Highway Dam (longitude 85.753667, latitude Georgia pigtoe (Terrapin Creek and 9 (longitude 85.612250, latitude 34.172361), downstream to a point 1.6 Coosa River) follows: 34.062972), downstream to the km (1 mi) below the confluence of

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(8) Unit 3 for Georgia pigtoe (GP 3): (longitude 86.054306, latitude latitude 32.860944), Coosa County, Hatchet Creek, Coosa and Clay Counties, 33.129472), Clay County, downstream to Alabama. Alabama. the confluence of Swamp Creek at Coosa (ii)Note: Map of Unit 3 (GP 3) for (i)Unit GP 3 includes the channel of County Road 29 (longitude 86.338361, Georgia pigtoe (Hatchet Creek) follows: Hatchet Creek from Clay County Road 4

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

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(6) Unit 1 for interrupted rocksnail (IR 85.753667, latitude 34.172361), (ii) Note: Map of Unit 1 (IR 1) for 1): Coosa River, Cherokee County, downstream to a point 1.6 km (1 mi) interrupted rocksnail (Coosa River) Alabama. below the confluence of Terrapin Creek follows: (i) Unit IR 1 includes the Coosa River (longitude 85.701407, latitude channel from Weiss Dam (longitude 34.123895), Cherokee County, Alabama.

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(7) Unit 2 for interrupted rocksnail (IR the confluence of the Conasauga and latitude 34.260694), Floyd County, 2): Oostanaula River, Gordon and Floyd Coosawattee Rivers (longitude Georgia. Counties, Georgia. 84.904611, latitude 34.544833), Gordon (ii) Note: Map of Unit 2 (IR 2) for (i) Unit IR 2 includes the primary County, downstream to Georgia interrupted rocksnail (Oostanaula River) channel of the Oostanaula River from Highway 1 Loop (longitude 85.171417, follows:

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(8) Unit 3 for interrupted rocksnail (IR 86.254611, latitude 32.618250), (ii) Note: Map of Unit 3 (IR 3) for 3): Lower Coosa River, Elmore County, downstream to Alabama Highway 111 interrupted rocksnail (Lower Coosa Alabama. Bridge (longitude 86.208500, latitude River) follows: (i) Unit IR 3 includes the Coosa River 32.535250), Elmore County, Alabama. channel from Jordan Dam (longitude

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

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(6) Unit 1 for rough hornsnail (RH 1): 86.254611, latitude 32.618250), (ii) Note: Map of Unit 1 (RH 1) for Lower Coosa River, Elmore County, downstream to the confluence of the rough hornsnail (Lower Coosa River) Alabama. Tallapoosa River (longitude 86.265417, follows: (i) Unit RH 1 includes the Coosa River latitude 32.515417), Elmore County, channel from Jordan Dam (longitude Alabama.

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(7) Unit 2 for rough hornsnail (RH 2): Morgan Creek (longitude 86.459972, (ii) Note: Map of Unit 2 (RH 2) for Yellowleaf Creek, Shelby County, latitude 33.283667), downstream to 1.6 rough hornsnail (Yellowleaf Creek) Alabama. km (1 mi) below Alabama Highway 25 follows: (i) Unit RH 2 includes the channel of (longitude 86.438583, latitude Yellowleaf Creek from the confluence of 33.251306), Shelby County, Alabama.

Dated: May 27, 2009 Jane Lyder Deputy Assistant Secretary for Fish and Wildlife and Parks [FR Doc. E9–15236 Filed 6–26–09; 8:45 am] BILLING CODE 4310–55–C

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