54020 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules

ASMFC Fisheries Management Report No. Impoundment and water quality drainages, and the imperiled state of 17. 1990. Fishery Management Plan for degradation have eliminated the six many other aquatic snails in the Basin. Atlantic Sturgeon. Atlantic States Marine snails from 90 percent or more of their The used in this proposal Fisheries Commission, Nov. 1990. 73 pp. historic . Surviving populations follows Burch (1989), which relies New York State Department of are currently threatened by pollutants almost exclusively on shell morphology. Environmental Conservation. 1996. DEC Announces Emergency Moratorium on such as sediments and nutrients that Many of the Basin’s Atlantic Sturgeon. News Release dated wash into streams from the land surface. , particularly in the family March 22, 1996. This proposed rule, if made final, would , are known to exhibit extend the Act’s protection to these six marked clinal variation (gradual change List of Subjects snail species. in characters of a species that manifests 50 CFR Part 17 DATES: Comments from all interested itself along a geographic gradient) in shell form, some of which has been Endangered and threatened species, parties must be received by December 16, 1997. Public hearing requests must described as environmentally induced Exports, Imports, Reporting and be received by December 1, 1997. (e.g., Goodrich 1934, 1937). Four of the recordkeeping requirements, six species considered in this proposal Transportation. ADDRESSES: Comments and materials concerning this proposal should be sent belong to the family Pleuroceridae and 50 CFR Part 227 to the Field Supervisor, U.S. Fish and their relationships to each other, as well as to other Pleuroceridae, are poorly Endangered and threatened species, Wildlife Service, 6578 Dogwood View Parkway, Jackson, 39213. understood. In order to better document Exports, Imports, Marine , taxonomic relationships among these Transportation. Comments and materials received will be available for public inspection, by snails, a genetic study was conducted Authority: The authority for this action is appointment, during normal business during the status review of a select the Endangered Species Act of 1973, as hours at the above address. group of the Basin’s Pleuroceridae amended (16 U.S.C. 1531 et seq.). (Lydeard et al. 1997). The four snails FOR FURTHER INFORMATION CONTACT: Mr. Dated: September 29, 1997. within this family considered herein Paul Hartfield at the above address, or Jamie Rappaport Clark, (lacy , round rocksnail, plicate telephone 601/965–4900, Ext. 25. Director, U.S. Fish and Wildlife Service. rocksnail, and ) were Dated: October 2, 1997. SUPPLEMENTARY INFORMATION: included in the genetic study. This David L. Evans, Background study supported their current taxonomic status (Lydeard et al. 1997). Deputy Assistant Administrator for Fisheries, The Basin (Basin) National Marine Fisheries Service. The cylindrical (Lioplax historically supported the greatest cyclostomaformis (Lea 1841)) is a gill- [FR Doc. 97–27547 Filed 10–16–97; 8:45 am] diversity of freshwater snail species in breathing snail in the family BILLING CODE 4310±55±P the world (Bogan et al. 1995), including . The shell is elongate, six genera and over 100 species that reaching about 28 millimeters (mm) (1.1 were endemic to the Basin. During the DEPARTMENT OF THE INTERIOR inches (in)) in length. Shell color is light past few decades, publications in the to dark olivaceous-green externally, and Fish and Wildlife Service scientific literature have primarily dealt bluish inside of the (shell with the apparent decimation of this opening). The is 50 CFR Part 17 fauna following the construction of distinguished from other viviparid dams within the Basin and the snails in the Basin by the number of RIN 1018±AE36 inundation of extensive shoal whorls, and differences in size, Endangered and Threatened Wildlife by impounded waters (Goodrich 1944, , microsculpture, and and Plants; Proposed Rule to List Athearn 1970, Heard 1970, Stein 1976, angle. No other species of lioplax snails Three Aquatic Snails as Endangered, Palmer 1986, Garner 1990). are known to occur in the Mobile Basin In 1990, the Service initiated a status and Three Aquatic Snails as (see Clench and Turner 1955 for a more review of the endemic freshwater snails Threatened in the Mobile River Basin detailed description). of the Basin. An extensive literature of Habitat for the cylindrical lioplax is survey identified sources of information unusual for the genus, as well as for AGENCY: Fish and Wildlife Service, on taxonomy, distribution, ecology, and other genera of viviparid snails. It lives Interior. status of the fauna and was used to in mud under large rocks in rapid ACTION: Proposed rule and notice of assemble a checklist of the Basin’s currents over stream and river shoals. petition findings. snails and their distributions (Bogan Other lioplax species are usually 1992). Field surveys and collections found in exposed situations or in mud SUMMARY: The Fish and Wildlife Service were made for snails and other or muddy sand along the margins of (Service) proposes to list the cylindrical freshwater mollusks throughout the rivers. Little is known of the biology or lioplax (Lioplax cyclostomaformis), flat Basin (Bogan and Pierson, 1993a,b; life history of the cylindrical lioplax. It pebblesnail (Lepyrium showalteri), and McGregor et al. 1996; Service Field is believed to brood its young and filter- plicate rocksnail ( plicata) as Records, Jackson, Mississippi 1989– feed, as do other members of the endangered; and the painted rocksnail 1996; Bogan in litt. 1995; M. Pierson Viviparidae. Life spans have been (Leptoxis taeniata), round rocksnail Field Records, Calera, Alabama, in litt. reported from 3 to 11 years in various (), and lacy elimia 1993–1994; J. Garner, Alabama species of Viviparidae (Heller 1990). (Elimia crenatella) as threatened species Department of Conservation, pers. Collection records for the cylindrical under the authority of the Endangered comm. 1996; J. Johnson, Auburn lioplax exist from the Species Act of 1973, as amended (Act). University, in litt. 1996). (Dallas County, Alabama), Black Warrior These aquatic snails are found in Bogan et al. (1995) summarized the River (Jefferson County, Alabama) and localized portions of the Black Warrior, results of their efforts noting the tributaries (Prairie Creek, Marengo Cahaba, Alabama, and Coosa rivers or apparent of numerous snail County, Alabama; Valley Creek, their tributaries in Alabama. species in the Coosa and Jefferson County, Alabama), Coosa River Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules 54021

(Shelby, Elmore counties, Alabama) and Logan Martin Dams, and recent survey supporting species specific status of the tributaries (Oothcalooga Creek, Bartow efforts have failed to locate any lacy elimia. County, ; Coahulla Creek, surviving populations outside of the Elimia snails are gill breathing snails Whitfield County, Georgia; Armuchee Cahaba River drainage (Bogan and that typically inhabit highly oxygenated Creek, Floyd County, Georgia; Little Pierson, 1993a,b; McGregor et al. 1996; waters on rock shoals and gravel bars. Wills Creek, Etowah County, Alabama; Service Field Records, Jackson, Most species graze on periphyton Choccolocco Creek, Talladega County, Mississippi 1989–1996; Bogan in litt. growing on benthic substrates. Alabama; Yellowleaf Creek, Shelby 1995; M. Pierson Field Records, Calera, Individual snails are either male or County, Alabama), and the Cahaba River Alabama, in litt. 1993–1994; J. Garner female. Eggs are laid in early spring and (Bibb, Shelby counties, Alabama) and its pers. comm. 1996; J. Johnson in litt. hatch in about 2 weeks. Snails tributary, Little Cahaba River (Jefferson 1996). The flat pebblesnail is currently apparently become sexually mature in County, Alabama) (Clench and Turner known from one site on the Little their first year, but, in some species, 1955). A single collection of this species Cahaba River, Bibb County, and from a females may not lay until their second has also been reported from the Tensas single shoal series on the Cahaba River year. Some elimia may live as long as River, Madison Parish, Louisiana above the Fall Line, Shelby County, 5 years (Dillon 1988). (Clench 1962), however, there are no Alabama (Bogan and Pierson 1993b). The lacy elimia was historically previous or subsequent records outside The lacy elimia (Elimia crenatella abundant in the Coosa River main stem of the Alabama-Coosa system, and (Lea 1860)) is a small species in the from St. Clair to Chilton County, searches of the Tensas River in family Pleuroceridae. Growing to about Alabama, and was also known in several Louisiana by Service biologists (1995) 1.1 centimeters (cm) (0.4 in.) in length, Coosa River tributaries—Big Will’s and others (Vidrine 1996) have found no the shell is conic in shape, strongly Creek, DeKalb County; Kelley’s Creek, evidence of the species or its typical striate, and often folded in the upper St. Clair County; and Choccolocco and habitat. whorls. Shell color is dark brown to Tallaseehatchee creeks, Talladega The cylindrical lioplax is currently black, often purple in the aperture, and County, Alabama (Goodrich 1936). The known only from approximately 24 without banding. The aperture is small lacy elimia has not been recently kilometers (km) (15 miles (mi)) of the and ovate. The lacy elimia is easily located at any historic collection site. Cahaba River above the Fall Line in distinguished from other elimia species However, as a result of the recent survey Shelby and Bibb counties, Alabama by a combination of characters (i.e., size, efforts previously unreported (Bogan and Pierson 1993b). Survey ornamentation, color). populations were discovered in three efforts by Davis (1974) failed to locate In a recent genetic sequence study of Coosa River tributaries—Cheaha, this snail in the Coosa or Alabama the 16S rRNA gene, the lacy elimia was Emauhee, and Weewoka creeks, rivers, and more recent survey efforts found to be very similar to the compact Talladega County, Alabama (Bogan and have also failed to relocate the species elimia (Elimia showalteri) (Lydeard et Pierson 1993a). The species is locally at historic localities in the Alabama, al. 1997). Despite their apparent close abundant in the lower reaches of Black Warrior, Little Cahaba, and Coosa genetic relationship, the authors made Cheaha Creek. This stream originates rivers and their tributaries (Bogan and no suggestion that the two species within the Talladega National Forest; Pierson 1993a, 1993b; M. Pierson in litt. represented a single species. Upon however, no specimens of the lacy 1993, 1994; Service Field Records 1991, review of Lydeard et al. (1997), Dillon elimia have been collected on Forest 1992, 1993). (College of Charleston, Charleston, Service lands. The species has also been The flat pebblesnail (Lepyrium , in litt. 1997) suggested found at single sites in Emauhee and showalteri (Lea 1861)) is a small snail in that additional genetic studies were Weewoka creeks, where specimens are the family Hydrobiidae; however, the needed to demonstrate the genetic rare, and difficult to locate. species has a large and distinct shell, uniqueness of the lacy elimia. However, The painted rocksnail (Leptoxis relative to other hydrobiid species. This the Lydeard et al. (1997) genetic study taeniata (Conrad 1834)) is a small to snail’s shell is also distinguished by its addressed only one small genetic medium snail about 19 mm (0.8 in.) in depressed spire and expanded, flattened character of the genome of these species, length, and subglobose to oval in shape. . The shells are ovate in and other characters strongly support The aperture is broadly ovate, and outline, flattened, and grow to 3.5 to 4.4 the taxonomic status of the lacy elimia. rounded anteriorly. Coloration varies mm (0.1–0.2 in) high and 4 to 5 mm (0.2 The two species are allopatric (the from yellowish to olive-brown, and in) wide. The umbilical area is compact elimia occurs in the Cahaba usually with four dark bands. Some imperforate (no opening), and there are River, whereas the lacy elimia was shells may not have bands and some 2 to 3 whorls which rapidly expand. found in the Coosa River and have the bands broken into squares or The anatomy of this species has been tributaries), and are strikingly different oblongs (see Goodrich 1922 for a described in detail by Thompson (1984). in size, appearance, and behavior. The detailed description). All of the The flat pebblesnail is found attached to compact elimia has a large, robust, rocksnails that historically inhabited the clean, smooth stones in rapid currents smooth shell boldly colored brown and/ Basin had broadly rounded apertures, of river shoals. Eggs are laid singly in or green, whereas the lacy elimia has a oval shaped shells, and variable capsules on hard surfaces (Thompson small, delicate, darkly colored, and coloration. Although the various species 1984). Little else is known of the natural ornamented shell. The lacy elimia is one were distinguished by relative sizes, history of this species. of the few elimia snails in the Basin that coloration patterns, and ornamentation, The flat pebblesnail was historically does not exhibit clinal variation identification could be confusing. known from the mainstem Coosa River (Goodrich 1936). In addition, compact However, the painted rocksnail is the in Shelby and Talladega counties, the elimia are found grazing individually only known survivor of the 15 rocksnail Cahaba River in Bibb and Dallas throughout shoal habitats, whereas the species that were historically known counties, and Little Cahaba River in lacy elimia is usually found in tight from the Coosa River drainage. Bibb County, Alabama (Thompson clusters or colonies on larger rocks Rocksnails are gill breathing snails 1984). The flat pebblesnail has not been within a shoal (P. Hartfield, Jackson, found attached to cobble, gravel, or found in the Coosa River portion of its MS, pers. obsv.). Allopatry, morphology, other hard substrates in the strong range since the construction of Lay and and behavior are strong characters currents of riffles and shoals. Adult 54022 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules rocksnails move very little, and females tributary, Little Cahaba River, Bibb conclusive data on biological probably glue their eggs to stones in the County, Alabama; and the Coosa River, vulnerability and threat were not same habitat (Goodrich 1922). Heller Elmore County, and tributaries—Canoe available to support a proposed rule. (1990) reported a short life span (less Creek and Kelly’s Creek, St. Clair Designation of Category 2 species was than 2 years) in a River County; Ohatchee Creek, Calhoun discontinued in the February 28, 1996, rocksnail. Longevity in the painted and County; Yellowleaf Creek, Shelby Notice of Review (61 FR 7956). The six the Basin’s other rocksnails is unknown. County; and Waxahatchee Creek, snails considered in this proposal were The painted rocksnail had the largest Shelby/Chilton counties, Alabama approved as Candidate species by the range of any rocksnail in the Mobile (Goodrich 1922). Service on November 9, 1995, and River Basin (Goodrich 1922). It was The round rocksnail is currently identified as Candidates in the 1996 historically known from the Coosa River known from a shoal series in the Cahaba Notice of Review. A Candidate species and tributaries from the northeastern River, Bibb and Shelby counties, is defined as a species for which the corner of St. Clair County, Alabama, Alabama, and from the lower reach of Service has on file sufficient downstream into the mainstem of the the Little Cahaba River, and the lower information on biological vulnerability Alabama River to Claiborne, Monroe reaches of Shade and Six-mile creeks in and threats to support issuance of a County, Alabama, and the Cahaba River Bibb County, Alabama (Bogan and proposed rule. below the Fall Line in Perry and Dallas Pierson 1993b). A status review summary, that counties, Alabama (Goodrich 1922, The plicate rocksnail (Leptoxis plicata included these six snails, was mailed on Burch 1989). Surveys by Service (Conrad, 1834)) grows to about 20 mm August 23, 1994 (62 letters), to biologists and others (Bogan and Pierson (0.8 in) in length. Shells are subglobose appropriate species authorities, State 1993a, 1993b; M. Pierson, in litt. 1993) with broadly rounded apertures. The and Federal agencies, private in the Cahaba River, unimpounded body whorl may be ornamented with organizations, and interested portions of the Alabama River, and a strong folds or plicae. Shell color is individuals. A cover letter provided number of free-flowing Coosa River usually brown, occasionally green, and notification that a status review was in tributaries have located only three often with four equidistant color bands. progress by the Service, stated that the localized Coosa River drainage The (central column or axis) species appeared to qualify for listing populations. is smooth, rounded, and typically under the Act, and requested a review The painted rocksnail is currently pigmented in the upper half. The of the status review summary for known from the lower reaches of three aperture is usually bluish-white, accuracy regarding taxonomy, Coosa River tributaries—Choccolocco occasionally pink or white. The distribution, threats, and status. Three Creek, Talladega County; Buxahatchee (plate that closes the shell species authorities responded by Creek, Shelby County (Bogan and when the snail is retracted) is dark red, telephone concurring with the status Pierson 1993a); and Ohatchee Creek, and moderately thick (Goodrich 1922). reviews. No other comments were Calhoun County, Alabama (Pierson in Although morphologically similar to the received as a result of this notification. litt. 1993). Basin’s other three surviving rocksnail An updated status report, along with The round rocksnail (Leptoxis ampla species, the plicate rocksnail is a review request, was mailed on March (Anthony 1855)) grows to about 20 mm genetically distinct (Lydeard et al. 1997, 11, 1997 (157 letters), following (0.8 in) in length. The shell is Dillon in litt. 1997). elevation of the snails to Candidate subglobose, with an ovately rounded The plicate rocksnail historically status. One snail authority concurred aperture. The body whorl is shouldered occurred in the Black Warrior River and with the status review analysis; at the , and may be ornamented its tributary, the Little Warrior River, however, he recommended additional with folds or plicae. Color may be and the Tombigbee River (Goodrich genetic studies on the lacy elimia (see yellow, dark brown, or olive green, 1922). Status survey efforts found Background section above). Two other usually with four entire or broken bands populations of plicate rocksnails only in snail authorities responded concurring (Goodrich 1922). Round rocksnails an approximately 88km (55 mi) reach of with the analysis, as well as the inhabit riffles and shoals over gravel, the Locust Fork of the Black Warrior taxonomic treatment of the six species. cobble, or other rocky substrates. River, Jefferson and Blount counties, On September 5, 1995, the Service Lydeard et al. (1997) found slight Alabama (Service Field Records, received two petitions, dated August 31, differences in DNA sequencing between Jackson, Mississippi 1991, 1992; 1995, from a coalition of environmental the painted rocksnail and the round Malcolm Pierson, Calera, Alabama, organizations (Coosa-Tallapoosa Project, rocksnail, and considered them to be Field Notes 1993). Surveys during 1996 Biodiversity Legal Foundation, and sister species. Following analysis by (Garner in progress) indicate that the Alabama Wilderness Alliance) allozyme electrophoresis on these same snail has recently disappeared from the represented by Mr. Ray Vaughan. The species, Dillon (in litt. 1997) speculated upstream 4⁄5 portion of that habitat and petitioners requested the Service to list that the two species represented isolated now appears restricted to an the plicate rocksnail as endangered and populations belonging to a single approximately 17.6 km (11 mi) reach in to designate critical habitat for this species. The two species are Jefferson County. species. The second petition requested geographically separated, with the the Service to list the lacy elimia as a painted rocksnail inhabiting Coosa Previous Federal Action threatened species and to designate River tributaries, while the round The six aquatic snails were identified critical habitat. rocksnail is the only surviving rocksnail as Category 2 species in notices of Section 4 (b)(3)(A) of the Act and species in the Cahaba River drainage. review published in the Federal implementing regulations at 50 CFR part Both species are currently recognized by Register on November 21, 1991 (56 FR 424.14 require that, to the extent the malacological community (e.g., 58804), and November 15, 1994 (59 FR practicable, the Service make a finding Burch 1989; Turgeon et al. 1988, 58982). At that time, a Category 2 of substantiality on any petition within revision in review), and are treated as species was one that was being 90 days of its receipt, and publish a distinct in this proposed rule. considered for possible addition to the notice of its finding in the Federal The round rocksnail was historically Federal List of Endangered and Register. If a substantial 90-day finding found in the Cahaba River, and its Threatened Wildlife, but for which is made, the Service is required, to the Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules 54023 extent practicable, within 12 months of stream habitats characterized by flowing waters also formed barriers to the receipt of the petition, to make a finding currents, and hard, clean bottoms (e.g., movement of snails that continued to as to whether the action requested in the bedrock, boulder, gravel) (Goodrich live below dams or in unimpounded petition is (a) not warranted, (b) 1922, 1936; Clench and Turner 1955). tributaries. It is suspected that many warranted, or (c) warranted but The curtailment of habitat and range for such isolated colonies gradually precluded. Because of budgetary these six species in the Basin’s larger disappear as a result of local water and constraints and the lasting effects of a rivers (Coosa, Alabama, Tombigbee and habitat quality changes. Unable to congressionally imposed listing Black Warrior) is primarily due to emigrate, the isolated snail populations moratorium, the Service is processing extensive construction of dams and the are vulnerable to local discharges as petitions and other listing actions inundation of the snail’s shoal habitats well as any detrimental land surface according to the listing priority by impounded waters. Thirty dams have runoff within their watersheds. guidance published in the Federal changed this system from a continuum Although many watershed impacts have Register on December 5, 1996 (61 FR of free-flowing riverine habitats into a been temporary, eventually improving 64475). The guidance clarifies the order series of impoundments connected by or even disappearing with the advent of in which the Service will process listing short, free-flowing reaches. On the new technology, practices, or laws, actions during fiscal year 1997. The Alabama River there are 3 dams (built dams and their impounded waters guidance calls for giving highest priority between 1968–1971); the Black Warrior prevent natural recolonization by snail to handling emergency situations (Tier has 5 (1915–1959); the Coosa 10 (1914– populations surviving elsewhere. 1) and second highest priority (Tier 2) 1966), and the Tombigbee 12 (1954– Prior to the passage of the Clean to resolving the status of outstanding 1979). Dams impound approximately Water Act and the adoption of State proposed listings. Third priority (Tier 3) 1,650 km (1,022 mi) of river channel in water quality criteria, water pollution is given to resolving the conservation the Basin. may have been a significant factor in the status of Candidate species and These six snail species have disappearance of snail populations from processing administrative findings on disappeared from all portions of their unimpounded tributaries of the Basin’s petitions to add species to the lists or historic habitats that have been impounded mainstem rivers. For reclassify threatened species to impounded by dams. As noted earlier, example, Hurd (1974) noted the endangered status. The processing of they are all associated with fast currents extirpation of freshwater mussel these two petitions and the proposed over clean, hard bottom materials. Dams communities from several Coosa River rule falls under Tier 3. At this time, the change such areas by eliminating or tributaries, including the Conasauga Southeast Region has no pending Tier 1 reducing currents, and allowing River below Dalton, Georgia, the actions and is near completion of its sediments to accumulate on inundated Chatooga River, and Tallaseehatchee pending Tier 2 actions. Additionally, channel habitats. Impounded waters Creek, apparently as a result of textile the guidance states that ‘‘effective April also experience changes in water and carpet mill waste discharges. He 1, 1997, the Service will concurrently chemistry which could affect survival or also attributed the disappearance of the undertake all of the activities presently reproduction of riverine snails. For mussel fauna from the Etowah River, included in Tiers 1, 2, and 3’’ (61 FR example, many reservoirs in the Basin Talladega and Swamp creeks, and from 64480). This proposal constitutes the currently experience eutrophic many of the lower tributaries of the 90-day and 12-month finding on the conditions, including chronically low Coosa River, to organic pollution and petitioned actions. dissolved oxygen levels (Alabama siltation. Department of Environmental Short-term and long-term impacts of Summary of Factors Affecting the Management (ADEM) 1994, 1996). Such point and nonpoint source water and Species physical and chemical changes can habitat degradation continue to be a Section 4 of the Act and regulations affect feeding, respiration, and primary concern for the survival of all (50 CFR part 424) promulgated to reproduction of these riffle and shoal these snails, compounded by their implement the listing provisions of the snail species. isolation and localization. Point source Act set forth the procedures for adding A site on the Locust Fork River is discharges and land surface runoff species to the Federal lists. A species currently considered for the (nonpoint pollution) can cause may be determined to be an endangered construction of a water supply nutrification, decreased dissolved or threatened species due to one or more impoundment (C. Waldrep, Gorham & oxygen concentration, increased acidity of the five factors described in section Waldrep, P.C., Montgomery, Alabama, and conductivity, and other changes in 4(a)(1). These factors and their in litt. 1995). If constructed, this water chemistry that are likely to application to the cylindrical lioplax impoundment would bisect and seriously impact aquatic snails. Point (Lioplax cyclostomaformis), flat threaten the only single surviving sources of water quality degradation pebblesnail (Lepyrium showalteri), population of the plicate rocksnail. include municipal and industrial plicate rocksnail (Leptoxis plicata), Plicate rocksnails occurred in riffle and effluents. painted rocksnail (Leptoxis taeniata), shoal habitats above and below the Nonpoint source pollution from land round rocksnail (Leptoxis ampla), and reservoir site in 1994. In 1996, plicate surface runoff can originate from lacy elimia (Elimia crenatella) are as rocksnails could not be relocated in the virtually all land use activities, and may follows: portion of the river to be flooded by the include sediments, fertilizers, A. The present or threatened reservoir; however, they were confirmed herbicides, pesticides, wastes, destruction, modification, or to continue to survive in an septic tank and gray water leakage, and curtailment of its habitat or range. The approximately 17.6 km (11 mi) reach of oils and greases (ADEM 1996). During cylindrical lioplax, flat pebblesnail, lacy river below the proposed dam site, many recent surveys for these snails, elimia, round rocksnail, painted which would be subject to impacts from sediment deposition and nutrient rocksnail, and plicate rocksnail have all construction activities and post- enrichment of stream reaches was noted disappeared from more than 90 percent construction changes in water quality as being associated with the absence of of their historic ranges. All of these (Garner pers. comm. 1996). snails from historic collection localities snails were historically, and continue to In addition to directly altering snail (Bogan and Pierson 1993a, 1993b; be, strongly associated with river or habitats, dams and their impounded Hartfield 1991; Service Field 54024 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules

Observations 1992–1994, Jackson Field chronic and have been a factor in a loss C. Disease or predation. Aquatic Office, MS). of mollusk and fish diversity throughout snails are consumed by various Excessive sediments are believed to the drainage. Their results indicate that vertebrate predators, including fishes, impact riverine snails requiring clean, the upper Cahaba River drainage is mammals, and possibly birds. Predation hard shoal stream and river bottoms, by primarily impacted by nonpoint runoff by naturally occurring predators is a making the habitat unsuitable for and WWTPs through physical habitat normal aspect of the population feeding or reproduction. Similar destruction by sedimentation, and dynamics of a species and is not impacts resulting from sediments have chronic stress from exposure to toxics considered a threat to these species. been noted for many other components and low dissolved oxygen. The middle However, the potential now exists for of aquatic communities. For example, Cahaba River is primarily impacted by black carp (Mylopharyngodon piceus), a sediments have been shown to abrade eutrophication and associated affects. nonselective molluskivore recently and/or suffocate periphyton (organisms The lacy elimia is now restricted to introduced into waters of the United attached to underwater surfaces, upon three small stream channels in States, to eventually enter the Mobile which snails may feed); affect Talladega County, Alabama—Cheaha, River Basin. Exotic black carp recently respiration, growth, reproductive Emauhee, and Weewoka creeks (Coosa escaped to the Osage River in Missouri success, and behavior of aquatic insects River drainage). The painted rocksnail when hatchery ponds were flooded and mussels; and affect fish growth, currently survives in localized reaches during a 1994 spring flood of the river survival, and reproduction (Watters of three other Coosa River tributaries, (LMRCC newsletter, 1994). The extent of 1995). Choccolocco, Buxahatchee, and stocking black carp for snail control in Sediment is the most abundant Ohatchee creeks. The plicate rocksnail aquaculture ponds within the Basin is pollutant produced in the Basin (ADEM inhabits a single short reach of the unknown; however, black carp are 1989). Potential sediment sources Locust Fork River in Jefferson County, currently cultured and sold within the within a watershed include virtually all Alabama (Black Warrior River drainage). State of Mississippi (D. Reike, activities that disturb the land surface, All of these streams are variously Mississippi Department of Wildlife, and all localities currently occupied by impacted by sediments and nutrients Fisheries, and Parks, 1997). these snails are affected to varying from a variety of upstream rural, D. The inadequacy of existing degrees by sedimentation. The amount suburban, and/or urban sources. The regulatory mechanisms. Although the and impact of sedimentation on snail streams are all small to moderate in size negative effects of point source habitats may be locally correlated with and volumes of flow, and their water discharges on aquatic communities have the land use practice. For example, the and habitat quality can be rapidly probably been reduced over time by use of agriculture, forestry, and affected by local and offsite pollution compliance with State and Federal construction Best Management Practices sources. regulations pertaining to water quality, can reduce sediment amounts and Habitat fragmentation and population there is currently no information on the impacts. isolation are a significant threat to the sensitivity of the Mobile River Basin Land surface runoff contributes the continued survival of the lacy elimia snail fauna to common industrial and majority of human-induced nutrients to and painted rocksnail. The known municipal pollutants. Current State and water bodies throughout the country populations of these two species are Federal regulations regarding such (Louisiana Department of isolated by extensive areas of discharges are assumed to be protective; Environmental Quality 1995). Excessive impoundment, and there is little, if any, however, these snails may be more nutrient input (from fertilizers, sewage possibility of genetic exchange between susceptible to some pollutants than test waste, animal manure, etc.) can result in them. Over time, this isolation may organisms currently used in bioassays. periodic low dissolved oxygen levels result in genetic drift, with each A lack of adequate research and data that are detrimental to aquatic species population becoming unique and currently prevents existing authorities, (Hynes 1970). Nutrients also promote vulnerable to environmental such as the Clean Water Act (CWA), heavy algal growth that may cover and disturbance. administered by the Environmental eliminate clean rock or gravel habitats of B. Overutilization for commercial, Protection Agency (EPA) and the Army shoal dwelling snails. Nutrient and recreational, scientific, or educational Corps of Engineers, from being fully sediment pollution may have synergistic purposes. The six aquatic snail species utilized. The Service is currently effects on freshwater snails and their addressed in this proposed rule are working with EPA to develop a habitats, as has been suggested for currently not of commercial value, and memorandum of agreement (MOA) that aquatic insects (Watters 1995). overutilization has not been a problem. will address how EPA and the Service The cylindrical lioplax, flat However, as their rarity becomes will interact relative to CWA water pebblesnail, and the round rocksnail known, they may become more quality criteria and standards within the currently survive in localized reaches of attractive to collectors. Unregulated Service’s Southeast Region. the Cahaba River drainage. Water collecting by private and institutional Lacking State or Federal recognition, quality studies in the upper Cahaba collectors poses a threat. The cylindrical these snails are not given any special River drainage by the Geological Survey lioplax, flat pebblesnail, plicate consideration under other of Alabama (Shepard et al. 1996) found rocksnail, painted rocksnail, round environmental laws when project that discharges from 34 waste water rocksnail, and lacy elimia inhabit impacts are reviewed. treatment plants (WWTPs) in the upper shallow, fast-flowing waters of shoals E. Other natural or manmade factors drainage have contributed to water and riffles. Because of their occurrence affecting its continued existence. The quality impairment. This was reflected and exposure in such areas, they are narrow distribution of extant by low levels of dissolved oxygen readily vulnerable to overcollecting populations of all six snail species and downstream of Birmingham; ammonia and/or vandalism. In these areas, the the nature of their habitats (i.e., small to and chlorination by-products in excess snails are also exposed to crushing by moderate sized streams) renders them of recommended water quality criteria; recreational activities such as canoeing, vulnerable to a natural catastrophic and eutrophication due to excessive wading, swimming, or fishing; however, event (e.g., flood, drought). levels of phosphorus and nitrogen. The normal recreational activities are not The Service has carefully assessed the study noted that these problems are believed to be a factor in their decline. best scientific and commercial Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules 54025 information available regarding the past, essential for the conservation of the the State and other Federal agencies to present, and future threats faced by species. periodically survey and assess habitat these species in determining to propose Section 4(a)(3) of the Act, as potential of stream and river reaches for this rule. Based on these evaluations, amended, and implementing regulations listed and candidate aquatic species the preferred action is to list the (50 CFR 424.12) requires that, to the within the Mobile River basin. This cylindrical lioplax, flat pebblesnail, and maximum extent prudent and process provides up to date information plicate rocksnail as endangered; and the determinable, the Secretary designate on instream habitat conditions in painted rocksnail, round rocksnail, and critical habitat at the time the species is response to land use changes within lacy elimia as threatened. All of these determined to be endangered or watersheds. Information generated from species have been rendered vulnerable threatened. Service regulations (50 CFR surveys and assessments is due to significant loss of habitat and 424.12(a)(1)) state that designation of disseminated through Service severe range restriction. critical habitat is not prudent when one coordination with other agencies. The cylindrical lioplax is confined in or both of the following situations exist Should this rule become final, the distribution to a short reach of the (1) The species is threatened by taking Service will work with State and Cahaba River. The flat pebblesnail or other activity and the identification Federal agencies, as well as private currently survives in localized portions of critical habitat can be expected to property owners and other affected of the Cahaba River and the Little increase the degree of threat to the parties, through the recovery process to Cahaba River. Both species are species or (2) such designation of identify stream reaches and potential vulnerable to extinction by their critical habitat would not be beneficial sites for reintroduction of these species. confined ranges, and current impacts to the species. The Service finds that Thus, the benefit provided by from water quality degradation in the designation of critical habitat is not designation of unoccupied habitat as Cahaba River drainage. The single presently prudent for any of these six critical will be accomplished more known population of the plicate aquatic snails. effectively with the current coordination Critical habitat designation, by rocksnail is threatened by the proposed process and is preferable for aquatic definition, directly affects only Federal construction of an impoundment within habitats which change rapidly in agency actions. Since these snail species its remaining habitat in the Locust Fork, response to watershed land use are aquatic throughout their life cycles, and water quality degradation. The practices. In addition, the Service Federal actions that might affect these plicate rocksnail has also experienced a believes that any potential benefits to species and their habitats include those significant reduction in range within the critical habitat designation are with impacts on stream channel Locust Fork within the past 2 years, outweighed by additional threats to the geometry, bottom substrate composition, species that would result from such apparently due to pollution of its habitat water quantity and quality, and from nonpoint sources. Endangered designation, as discussed below. stormwater runoff. Such activities Though critical habitat designation status is appropriate for these three would be subject to review under directly affects only Federal agency species due to their single populations, section 7(a)(2) of the Act, whether or not actions, this process can arouse concern restricted numbers within these critical habitat was designated. Section and resentment on the part of private populations, existing threats to their 7(a)(2) requires Federal agencies to landowners and other interested parties. occupied habitats, and in the case of the ensure that activities they authorize, The publication of critical habitat maps plicate rocksnail, an ongoing decline in fund, or carry out are not likely to in the Federal Register and local range. jeopardize the continued existence of a newspapers, and other publicity or The lacy elimia, painted rocksnail, listed species or to destroy or adversely controversy accompanying critical and round rocksnail are each currently modify its critical habitat. The habitat designation may increase the known from three distinct drainage cylindrical lioplax, flat pebblesnail, potential for vandalism as well as other localities. Extant populations and plicate rocksnail, round rocksnail, collection threats (See Factor B under colonies of these three species are painted rocksnail, and lacy elimia have ‘‘Summary of Factors Affecting the localized, isolated, and are vulnerable to become so restricted in distribution that Species’’). For example, in 1993 the water quality degradation, future human any significant adverse modification or Alabama sturgeon was proposed for activities that would degrade their destruction of their occupied habitats endangered status with critical habitat habitats, and random catastrophic would likely jeopardize their continued (59 FR 33148). Critical habitat included events. Threatened status is considered existence. This would also hold true as the lower portions of the Alabama, more appropriate for these species due the species recovers and its numbers Cahaba, and Tombigbee rivers in south to the larger number of populations or increase. Therefore, habitat protection Alabama. The proposal generated colonies, and the less immediate nature for these six species can be thousands of comments with the of these threats. accomplished through the section 7 primary concern that the actions would Critical Habitat jeopardy standard and there is no devastate the economy of the State of benefit in designating currently Alabama and severely impact adjoining Critical habitat is defined in section 3 occupied habitat of these species as States. There were reports from State of the Act as: (i) the specific areas critical habitat. conservation agents and other within the geographical area occupied Recovery of these species will require knowledgeable sources of rumors by a species, at the time it is listed in the identification of unoccupied stream inciting the capture and destruction of accordance with the Act, on which are and river reaches appropriate for Alabama sturgeon. A primary found those physical or biological reintroduction. Critical habitat contributing factor to this controversy features (I) essential to the conservation designation of unoccupied stream and was the proposed designation of critical of the species and (II) that may require river reaches may benefit these species habitat for the sturgeon. special management consideration or by alerting permitting agencies to The six snail species addressed in this protection and; (ii) specific areas potential sites for reintroduction and proposal are especially vulnerable to outside the geographical area occupied allow them the opportunity to evaluate vandalism. They all are found in by a species at the time it is listed, upon projects which may affect these areas. shallow shoals or riffles in restricted a determination that such areas are The Service is currently working with stream and river segments. The flat 54026 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules pebblesnail, plicate rocksnail, round provides for possible land acquisition commerce any listed species. It also is rocksnail, painted rocksnail, and lacy and cooperation with the States and illegal to possess, sell, deliver, carry, elimia attach to the surfaces of bedrock, requires that recovery actions be carried transport, or ship any wildlife that has cobble, or gravel, while the cylindrical out for all listed species. The protection been taken illegally. Certain exceptions lioplax is found under large boulders. required of Federal agencies and the apply to agents of the Service and State The six species are relatively immobile prohibitions against taking and harm are conservation agencies. and unable to escape collectors or discussed, in part, below. Permits may be issued to carry out vandals. They inhabit remote but easily Section 7(a) of the Act, as amended, otherwise prohibited activities accessed areas, and they are sensitive to requires Federal agencies to evaluate involving endangered or threatened a variety of easily obtained commercial their actions with respect to any species wildlife species under certain chemicals and products. Because of that is proposed or listed as endangered circumstances. Regulations governing these factors, vandalism or collecting or threatened and with respect to its permits are at 50 CFR 17.22 and 17.23 could be undetectable and uncontrolled. critical habitat, if any is being for endangered species and 17.32 for For example, the plicate rocksnail designated. Regulations implementing threatened species. Such permits are recently disappeared from this interagency cooperation provision available for scientific purposes, to approximately 80 percent of its known of the Act are codified at 50 CFR part enhance the propagation or survival of occupied habitat. While the Service has 402. Section 7(a)(4) requires Federal the species, and/or for incidental take in been unable to determine the cause of agencies to confer informally with the connection with otherwise lawful this decline, the disappearance Service on any action that is likely to activities. For threatened species, there illustrates the vulnerability of this and jeopardize the continued existence of a are also permits for zoological the other snail species. proposed species or result in exhibition, educational purposes, or All known populations of these six destruction or adverse modification of special purposes consistent with the snail species occur in streams flowing proposed critical habitat. If a species is purposes of the Act. through private lands. The primary listed subsequently, section 7(a)(2) It is the policy of the Service threat to all surviving populations requires Federal agencies to ensure that published in the Federal Register on appears to be pollutants in stormwater activities they authorize, fund, or carry July 1, 1994 (59 FR 34272), to identify, runoff that originate from private land out are not likely to jeopardize the activities (see Factor A). Therefore, the continued existence of such a species or to the maximum extent practicable, survival and recovery of these snails to destroy or adversely modify its those activities that would or would not will be highly dependent on landowner critical habitat. If a Federal action may constitute a violation of section 9 of the cooperation in reducing land use affect a listed species or its critical Act if these species are listed. The intent impacts. habitat, the responsible Federal agency of this policy is to increase public Controversy resulting from critical must enter into formal consultation with awareness as to the effects of these habitat designation has been known to the Service. proposed listings on future and ongoing reduce private landowner cooperation Federal activities that could occur and activities within a species’ range. in the management of species listed impact these species include, but are Activities which the Service believes under the Act (e.g., spotted owl, golden not limited to, the carrying out or the are unlikely to result in a violation of cheeked warbler). The Alabama issuance of permits for reservoir section 9 for these six snails are: sturgeon experience suggests that construction, stream alterations, (1) Existing discharges into waters critical habitat designation could affect discharges, wastewater facility supporting these species, provided these landowner cooperation within development, water withdrawal activities are carried out in accordance watersheds occupied by these six snails. projects, pesticide registration, mining, with existing regulations and permit Based on the above analysis, the and road and bridge construction. It has requirements (e.g., activities subject to Service has concluded critical habitat been the experience of the Service, sections 402, 404, and 405 of the Clean designation would provide little however, that nearly all section 7 Water Act and discharges regulated additional benefit for these species consultations have been resolved so that under the National Pollutant Discharge beyond those that would accrue from the species have been protected and the Elimination System (NPDES)). listing under the Act. The Service also project objectives have been met. Other (2) Typical agriculture and concludes that any potential benefit than a potential dam on the Locust Fork silviculture practices. from such a designation would be offset River, Jefferson and Blount counties, (3) Development and construction by an increased level of vulnerability to Alabama, no other Federal activities that activities designed and implemented vandalism or collecting, and by a may affect these species are currently pursuant to State and local water quality possible reduction in landowner known to be under consideration. regulations. The Act and its implementing cooperation to manage and recover (4) Existing recreational activities regulations found at 50 CFR 17.21 for these species. The designation of critical such as swimming, wading, canoeing, endangered species, and 17.21 and habitat for these six snail species is not and fishing. prudent. 17.31 for threatened species set forth a series of general prohibitions and Activities that the Service believes Available Conservation Measures exceptions that apply to all endangered could potentially result in ‘‘take’’ of Conservation measures provided to or threatened wildlife. These these snails, if they should be listed, species listed as endangered or prohibitions, in part, make it illegal for include: threatened under the Act include any person subject to the jurisdiction of (1) The unauthorized collection or recognition, recovery actions, the United States to take (includes capture of the species; requirements for Federal protection, and harass, harm, pursue, hunt, shoot, (2) Unauthorized destruction or prohibitions against certain practices. wound, kill, trap, or collect, or to alteration of the species habitat (e.g., Recognition through listing encourages attempt any of these), import or export, instream dredging, channelization, and results in conservation actions by ship in interstate commerce in the discharge of fill material); Federal, State, and private agencies, course of commercial activity, or sell or (3) Violation of any discharge or water groups, and individuals. The Act offer for sale in interstate or foreign withdrawal permit; Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules 54027

(4) Illegal discharge or dumping of (2) the location of any additional Reduction Act of 1995 and found it to toxic chemicals or other pollutants into populations of this species and the contain no information collection waters supporting the species. reasons why any habitat should or requirements. Other activities not identified above should not be determined to be critical References Cited will be reviewed on a case-by-case basis habitat as provided by Section 4 of the to determine if a violation of section 9 Act; A complete list of all references cited of the Act may be likely to result from (3) additional information concerning herein, as well as others, is available such activity should these snails the range, distribution, and population upon request from the Field Supervisor become listed. The Service does not size of this species; and (see ADDRESSES section). consider these lists to be exhaustive and (4) current or planned activities in the Author: The primary author of this provides them as information to the subject area and their possible impacts proposed rule is Paul Hartfield (see public. on this species. ADDRESSES section)(601/965–4900, Ext. Final promulgation of the regulations Questions regarding whether specific 25). activities may constitute a future on these species will take into violation of section 9 should these consideration the comments and any List of Subjects in 50 CFR Part 17 additional information received by the snails be listed should be directed to the Endangered and threatened species, Service, and such communications may Field Supervisor of the Service’s Exports, Imports, Reporting and lead to final regulations that differ from Jackson Field Office (see ADDRESSES recordkeeping requirements, this proposal. section). Requests for copies of The Act provides for one or more Transportation. regulations regarding listed species and public hearings on this proposal, if Proposed Regulation Promulgation inquiries about prohibitions and permits requested. Requests must be received should be addressed to the U.S. Fish within 45 days of the date of publication Accordingly, the Service hereby and Wildlife Service, Ecological of the proposal in the Federal Register. proposes to amend part 17, subchapter Services Division, 1875 Century Such requests must be made in writing B of chapter I, title 50 of the Code of Boulevard, Atlanta, Georgia 30345 and addressed to the Field Supervisor Federal Regulations, as set forth below: (Phone 404/679–7313; Fax 404/679– (see ADDRESSES section). 7081). PART 17Ð[AMENDED] National Environmental Policy Act Public Comments Solicited 1. The authority citation for part 17 The Fish and Wildlife Service has continues to read as follows: The Service intends that any final determined that an Environmental action resulting from this proposal will Assessment, as defined under the Authority: 16 U.S.C. 1361–1407; 16 U.S.C. be as accurate and as effective as authority of the National Environmental 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500, unless otherwise noted. possible. Therefore, comments or Policy Act of 1969, need not be suggestions from the public, other prepared in connection with regulations 2. Section 17.11(h) is amended by concerned governmental agencies, the adopted pursuant to Section 4(a) of the adding the following, in alphabetical scientific community, industry, or any Act. A notice outlining the Service’s order under SNAILS, to the List of other interested party concerning this reasons for this determination was Endangered and Threatened Wildlife to proposed rule are hereby solicited. published in the Federal Register on read as follows: Comments particularly are sought October 25, 1983 (48 FR 49244). concerning: § 17.11 Endangered and threatened (1) biological, commercial trade, or Required Determinations wildlife. other relevant data concerning any The Service has examined this * * * * * threat (or lack thereof) to this species; regulation under the Paperwork (h) * * *

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

******* SNAILS

******* Elimia, lacy ...... Elimia crenatella ..... U.S.A. (AL) ...... NA ...... T NA NA

******* Lioplax, cylindrical ... Lioplax U.S.A. (AL) ...... NA ...... E NA NA cyclostomaformis.

******* Pebblesnail, flat ...... Lepyrium showalteri U.S.A. (AL) ...... NA ...... E NA NA

******* Rocksnail, painted ... Leptoxis taeniata ..... U.S.A. (AL) ...... NA ...... T NA NA

******* Rocksnail, plicate ..... Leptoxis plicata ...... U.S.A. (AL) ...... NA ...... E NA NA

******* Rocksnail, round ...... Leptoxis ampla ...... U.S.A. (AL) ...... NA ...... T NA NA 54028 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

*******

Dated: September 12, 1997. appointment, during normal business the town of Port St. Joe located on the Jamie Rappaport Clark, hours at the above address. central Gulf County coastal mainland, Director, Fish and Wildlife Service. FOR FURTHER INFORMATION CONTACT: Dr. and four specimens near Money Bayou [FR Doc. 97–27548 Filed 10–16–97; 8:45 am] Michael M. Bentzien, at the above in eastern Gulf County (Bowen 1968). BILLING CODE 4310±55±P address (telephone 904/232–2580, ext. Based on these records, Bowen (1968) 106; facsimile 904/232–2404). and James (1992) described the former range of the St. Andrew beach mouse as SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE INTERIOR likely extending from the St. Joseph Spit Background (Peninsula) northwest along the coastal Fish and Wildlife Service The oldfield mouse ( mainland adjacent to St. Joseph Bay, to Crooked Island at the East Pass of St. 50 CFR Part 17 polionotus) occurs in northeastern Mississippi, Alabama, Georgia, South Andrews Bay. This range also included RIN 1018±AE41 Carolina, and . Beach mice are about 0.6 kilometer (km) (1 mile (mi)) of coastal subspecies of the oldfield mouse mainland sand dune habitat east of the Endangered and Threatened Wildlife restricted to beach and sand dune landward end of the St. Joseph and Plants; Proposal to List the St. habitat. Hall (1981) recognized eight Peninsula to Money Bayou on the Gulf Andrew Beach Mouse as Endangered coastal subspecies whose common of Mexico. The absence of past AGENCY: Fish and Wildlife Service, distinguishing characteristics include collection records and lack of beach Interior. white feet, large ears, and large black mouse sign and trapping success in the area east of Money Bayou to the ACTION: Proposed rule. eyes. Their fur is variously patterned in shades of white, yellow, brown, and southeastern corner of Gulf County SUMMARY: The Fish and Wildlife Service grey. The head, back, and rump are (James 1987; J. Gore, Florida Game and (Service) proposes endangered status for darkly patterned, though to a lighter and Fresh Water Fish Commission, in litt. the St. Andrew Beach Mouse less extensive degree than inland 1994) suggest that this area may not be (Peromyscus polionotus peninsularis) oldfield mice. The all-white underparts part of the subspecies’ historic range. pursuant to the Endangered Species Act extend higher up to the sides than on Coastal tidal marsh and upland of 1973, as amended (Act). This the inland subspecies (Sumner 1926, habitat between the mainland city of subspecies is restricted to coastal sand Bowen 1968). Howell (1939) described Port St. Joe and the St. Joseph Peninsula dunes and had a historic distribution the type (original) specimen of the St. naturally divided the former range of that included the northeast Florida Andrew beach mouse as having a very the St. Andrew beach mouse into two panhandle from Gulf County into pale, buff-colored head and back with segments. Initial genetic analysis of a portions of Bay County. Its current range extensive white coloration underneath small sample of mice from these is limited to a portion of the St. Joseph and along the sides. Bowen (1968) noted segments and another subspecies, the Peninsula in Gulf County. Habitat two distinct rump color pigmentations, Choctawhatchee beach mouse (P. impacts causing loss of mice and the one a tapered and the other a squared polionotus allophrys), from nearby species’ local capability to recover from pattern, which extended to the thighs. habitat found similarities between the such impacts are primarily responsible Head and body lengths average 75 Crooked Island and St. Joseph Peninsula for the range curtailment. Threats to millimeters (mm) (2.95 inches (in)), tail samples at one gene location (locus). beach mouse habitat include severe mean length 52 mm (2.05 in), and hind The Crooked Island sample was storms, coastal land development and foot mean length 18.5 mm (0.73 in) distinctly different from the its associated activities, and non-storm (James 1992). Choctawhatchee beach mouse sample at related, natural shoreline erosion. Beach mice subspecies historically the same locus. Additional work is Additional threats include predation by occurred on both the Atlantic Coast of needed to determine if these patterns free-ranging domestic cats and Florida from St. Johns through Broward are consistent at several loci (Moyers displacement by house mice. This counties and the eastern Gulf of Mexico 1997). proposal, if made final, would from Gulf County, Florida, to Baldwin Typical beach mouse habitat generally implement the protection provisions County, Alabama (Ivey 1949, Bowen consists of several rows of sand dunes provided by the Act for this beach 1968, James 1992, Stout 1992, Gore and paralleling the shoreline. Prevailing mouse. Schaefer 1993). The St. Andrew beach wind, beach sand, and vegetation DATES: Comments from all interested mouse is the easternmost of the five combine to form and shape coastal parties must be received by December Gulf coast subspecies. Howell (1939) dunes. A common complex of animal 16, 1997. Public hearing requests must collected the type specimen at St. species, vegetation, and habitat types be received by December 1, 1997. Andrew Point on Crooked Island, characterize the coastal sand dune ADDRESSES: Comments and materials Tyndall Air Force Base, Bay County, ecosystem. The types and amount of concerning this proposal should be sent Florida (type locality). Other historic , vegetation, and habitat may to Michael M. Bentzien, Assistant Field collection records for the subspecies differ, however, among specific sites. Supervisor, U.S. Fish and Wildlife include nine additional specimens from The common types of sand dune habitat Service, 6620 Southpoint Drive South, the type locality, seven mice from St. include frontal dunes, primary dunes, Suite 310, Jacksonville, Florida 32216. Joseph Point and four mice from Cape secondary dunes, inter and intradunal Comments and materials received will San Blas on the St. Joseph Peninsula in swales, and scrub dunes. Frontal dunes be available for public inspection, by Gulf County, 48 individuals at or near and primary dunes are those closest to