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Federal Register/Vol. 64, No. 102/Thursday, May 27, 1999/Proposed Rules Federal Register / Vol. 64, No. 102 / Thursday, May 27, 1999 / Proposed Rules 28779 this address from 8:30 a.m. to 5:00 p.m., DEPARTMENT OF THE INTERIOR classified as nonessential experimental Monday±Friday. populations (NEP) under section 10(j) of Fish and Wildlife Service the Endangered Species Act of 1973, as FOR FURTHER INFORMATION CONTACT: amended (Act). Based on the evaluation Ramona Williams, Child Protection 50 CFR Part 17 of species experts and the State, none of Coordinator, Office of Mental Health/ RIN 1018±AE92 these species are currently known to Social Services, Indian Health Service, exist in this river reach or its tributaries. 5300 Homestead Road, N.E., Endangered and Threatened Wildlife Ongoing surveys conducted by the Albuquerque, New Mexico 87110, (505) and Plants; Proposed Establishment of Tennessee Valley Authority (TVA) and 248±4245. (This is not a toll-free Nonessential Experimental Population the State of Alabama over the past 20 number.) Status for Sixteen Freshwater Mussels years have failed to locate any (Alabama Lampmussel, Birdwing SUPPLEMENTARY INFORMATION: In the individuals of the species proposed for Pearlymussel, Clubshell, Cracking Federal Register of March 25, 1999, the NEP status under this rule. Pearlymussel, Cumberland Bean IHS published proposed regulations to To ensure that any reintroduced Pearlymussel, Cumberlandian species that move upstream to Wilson implement section 408 of Pub. L. 101± Combshell, Cumberland Monkeyface 630, the Indian Child Protection and Dam or into the tributaries are covered Pearlymussel, Dromedary by these NEP designations, we propose Family Violence Prevention Act. The Pearlymussel, Fine-Rayed Pigtoe, Act requires that tribes or tribal that the geographic boundaries of the Oyster Mussel, Purple Cat's Paw NEPs extend from the base of the organizations who receive funds under Pearlymussel, Shiny Pigtoe, the Indian Self-Determination and Wilson Dam (RM 259.4 [414.0 km]) to Tubercled-blossom Pearlymussel, the backwaters of the Pickwick Education Assistance Act, Pub. L. 93± Turgid-blossom Pearlymussel, Winged Reservoir (RM 246.0 [393.6 km]) and 638, employ individuals in positions Mapleleaf Mussel, and Yellow-blossom include the lower 5 RM (8 km) of all involving regular contact with or control Pearlymussel) and One Freshwater tributaries that enter the Wilson Dam over Indian children only if the Snail (Anthony's Riversnail) in the tailwater. In the future, if any of the individuals meet standards of character Free-flowing Reach of the Tennessee aforementioned mollusks are found no less stringent than those prescribed River below the Wilson Dam, Colbert upstream beyond the lower 5 RM (8 km) under these regulations. Comments have and Lauderdale Counties, Alabama of these tributaries, the animals will be been received on behalf of a number of AGENCY: Fish and Wildlife Service, presumed to have come from the tribes requesting an extension of the Interior. reintroduced NEP, and the boundaries comment period for the proposed ACTION: Proposed rule. of the NEP will be enlarged to include regulation ranging from 30 days to 2 the entire range of the expanded months. For example, some of the tribes SUMMARY: The Fish and Wildlife Service population. No designation of critical are currently engaged in contract/ (Service; also, ``we'', ``us'', ``our'') habitat will be made for any of these compact negotiations and need proposes to reintroduce 16 federally NEPs. Additionally, we do not intend to additional time to fully study the listed endangered mussels (Alabama change these NEPs from ``nonessential'' proposed regulations and consult with lampmussel (Lampsilis virescens), to ``essential'' or to ``threatened'' or their tribal councils before submitting birdwing pearlymussel (Conradilla ``endangered'' without the full written comments. Some tribes have caelata), clubshell (Pleurobema clava), cooperation of the State of Alabama and already adopted their detailed policies cracking pearlymussel (Hemistena lata), other affected parties within the NEP on this subject and need time to Cumberland bean pearlymussel (Villosa areas. These proposed reintroductions compare the proposed regulations to trabalis), Cumberlandian combshell are recovery actions and part of a series their policies. The IHS has considered (Epioblasma brevidens), Cumberland of reintroductions and other recovery these requests and determined that an monkeyface pearlymussel (Quadrula actions the Service, Federal and State additional 60 days would accommodate intermedia), dromedary pearlymussel agencies, and other partners are (Dromus dromas), fine-rayed pigtoe the need for additional time and be considering and conducting throughout (Fusconaia cuneolus), oyster mussel the species' historic ranges. The only consistent with its policy of (Epioblasma capsaeformis), purple cat's change to the NEPs we foresee would be consultation with tribes. paw pearlymussel (Epioblasma elimination of the designations if the All comments received during the obliquata obliquata), shiny pigtoe species are recovered and removed from public comment period will be given (Fusconaia cor), tubercled-blossom the Act's protection. This proposed rule full consideration in the development of pearlymussel (Epioblasma torulosa sets forth a plan for establishing the the final regulations. torulosa), turgid-blossom pearlymussel nonessential experimental population Dated: May 21, 1999. (Epioblasma turgidula), winged and provides for limited allowable legal mapleleaf mussel (Quadrula fragosa), take of the aforementioned mollusks Robert G. McSwain, and yellow-blossom pearlymussel within the defined NEP areas. Acting Director. (Epioblasma florentina florentina)) and DATES: Comments from all interested [FR Doc. 99±13505 Filed 5±26±99; 8:45 am] 1 federally listed endangered aquatic parties must be submitted on or before BILLING CODE 4160±16±M snail (Anthony's riversnail (Athearnia July 26, 1999. anthonyi)) into historic habitat in the free-flowing reach of the Tennessee ADDRESSES: Send comments and River from about 1.4 river miles (RM) material concerning this proposal to the (2.2 kilometers [km]) below Wilson Dam State Supervisor, Asheville Field Office, to the backwaters of Pickwick Reservoir U.S. Fish and Wildlife Service, 160 (RM 258.0 [412.8 km]) to (RM 246.0 Zillicoa Street, Asheville, North [393.6 km]) in Colbert and Lauderdale Carolina 28801. Comments and material counties, Alabama. These reintroduced received will be available for public populations are proposed to be inspection, by appointment, during VerDate 06-MAY-99 10:32 May 26, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\27MYP1.XXX pfrm01 PsN: 27MYP1 28780 Federal Register / Vol. 64, No. 102 / Thursday, May 27, 1999 / Proposed Rules normal business hours at the above unless they are authorized, funded, or 1997 to discuss the possibility of address. carried out by a Federal agency. designating NEP status for the FOR FURTHER INFORMATION CONTACT: Mr. For the purposes of section 9 of the reintroduction of federally listed Richard G. Biggins, Fish and Mollusk Act, endangered species designated as mollusks into the tailwaters of Recovery Coordinator (see ADDRESSES EPs or NEPs are treated as threatened Guntersville, Wheeler, and Wilson section), telephone 704/258±3939, Ext. species. Therefore, special rules can be Dams. The consensus at that meeting 228, or facsimile 704/258±5330. written that lessen restrictions regarding was that: (1) the tailwaters of Wilson take of the covered listed species from Dam (the remains of Muscle Shoals) SUPPLEMENTARY INFORMATION: the EP or NEP area [see under ``Special provided the best opportunity for Background rulesÐinvertebrates (3)(i-iii)'' sections successfully reestablishing federally Legislative: The Endangered Species below]. listed mollusks; and (2) the tailwaters of Individual animals used in Act Amendments of 1982, Pub. L. 97± Guntersville and Wheeler Dams should establishing an EP or NEP can be 327, made significant changes to the be considered for mollusk removed from a source population if Act, including the creation of section reintroductions at a later time. their removal is not likely to jeopardize Muscle Shoals (sometimes referred to 10(j), which provides for the designation the continued existence of the species as Mussel Shoals), a 53-mile (85-km) of specific populations of listed species (see ``Status of Reintroduced reach of the Tennessee River in Colbert as ``experimental populations'' (EP). Populations'' section of these rules) and and Lauderdale Counties, Alabama, Under previous authorities of the Act, a permit has been issued in accordance once supported the world's greatest the Service was permitted to reestablish with 50 CFR part 17.22. assemblage of freshwater mussels (van (reintroduce) populations of a listed Justification for the proposal, listing der Schalie 1939) and was one of the species into unoccupied portions of its history, and the dates of any recovery finest mussel habitats ever known (Isom historic range for conservation and plans developed for the 16 mussels and 1969). Ortmann (1924) stated that there recovery purposes. However, local 1 snail proposed for these NEPs are was no other place on earth that could opposition to reintroduction efforts, presented below in the ``Biological'' compare to this shoal with respect to stemming from concerns by some about section. Recovery plans for these species freshwater mussels. This river reach potential restrictions, and prohibitions guide recovery efforts,
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