Vol. 77 Wednesday, No. 196 October 10, 2012 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Endangered Species Status for the Alabama Pearlshell, Round Ebonyshell, Southern Kidneyshell, and Choctaw Bean, and Threatened Species Status for the Tapered Pigtoe, Narrow Pigtoe, Southern Sandshell, and Fuzzy Pigtoe, and Designation of Critical Habitat; Final Rule VerDate Mar<15>2010 17:07 Oct 09, 2012 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\10OCR2.SGM 10OCR2 mstockstill on DSK4VPTVN1PROD with RULES2 61664 Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations DEPARTMENT OF THE INTERIOR Wildlife Service, Panama City Field available after taking into consideration Office, 1601 Balboa Avenue, Panama the economic impact, impact on Fish and Wildlife Service City, FL 32405; telephone 850–769– national security, and any other relevant 0552; facsimile 850–763–2177. impact of specifying any particular area 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: Don as critical habitat. In total, [Docket No. FWS–R4–ES–2011–0050; Imm, Field Supervisor, U.S. Fish and approximately 2,404 kilometers (km) 4500030113] Wildlife Service, Panama City Field (1,494 miles (mi.)) of stream and river Office, 1601 Balboa Avenue, Panama channels in nine units in Bay, Escambia, RIN 1018–AW92 City, FL 32405; telephone 850–769– Holmes, Jackson, Okaloosa, Santa Rosa, Endangered and Threatened Wildlife 0552; facsimile 850–763–2177. If you Walton, and Washington Counties, and Plants; Determination of use a telecommunications device for the Florida; and Barbour, Bullock, Butler, Endangered Species Status for the deaf (TDD), call the Federal Information Coffee, Conecuh, Covington, Crenshaw, Alabama Pearlshell, Round Relay Service (FIRS) at 800–877–8339. Dale, Escambia, Geneva, Henry, Ebonyshell, Southern Kidneyshell, and SUPPLEMENTARY INFORMATION: This Houston, Monroe, and Pike Counties, Choctaw Bean, and Threatened document consists of: (1) A final rule to Alabama, are being designated. Species Status for the Tapered Pigtoe, list the Alabama pearlshell The basis for our action. Under the Narrow Pigtoe, Southern Sandshell, (Margaritifera marrianae), round Act, a species may be listed as an and Fuzzy Pigtoe, and Designation of ebonyshell (Fusconaia rotulata), endangered or threatened species based Critical Habitat southern kidneyshell (Ptychobranchus on any of five factors: (A) The present jonesi), and Choctaw bean (Villosa destruction, modification, or AGENCY: Fish and Wildlife Service, choctawensis) as endangered species, curtailment of its habitat or range; (B) Interior. and the tapered pigtoe (Fusconaia overutilization for commercial, ACTION: Final rule. burkei), narrow pigtoe (Fusconaia recreational, scientific, or educational escambia), southern sandshell (Hamiota purposes; (C) disease or predation; (D) SUMMARY: We, the U.S. Fish and australis), and fuzzy pigtoe (Pleurobema inadequacy of existing regulatory Wildlife Service, determine endangered strodeanum) as threatened species; and mechanisms; or (E) other natural or species status for the Alabama (2) a final rule to designate critical manmade factors affecting its existence. pearlshell (Margaritifera marrianae), habitat for the eight species. These eight mussel species are facing round ebonyshell (Fusconaia rotulata), threats due to three of these five factors southern kidneyshell (Ptychobranchus Executive Summary (A, D and E). The Act also requires that jonesi), and Choctaw bean (Villosa Why we need to publish a rule. Under the Service designate critical habitat at choctawensis), and threatened species the Endangered Species Act (Act), a the time of listing to the maximum status for the tapered pigtoe (Fusconaia species or subspecies may warrant extent prudent and determinable. We burkei), narrow pigtoe (Fusconaia protection through listing if it is an have determined that the designation is escambia), southern sandshell (Hamiota endangered or threatened species prudent and critical habitat is australis), and fuzzy pigtoe (Pleurobema throughout all or a significant portion of determinable for each of the eight strodeanum), under the Endangered its range. We are listing these eight species (see Critical Habitat section Species Act of 1973, as amended (Act); mussels because they have disappeared below). and designate critical habitat for the from portions of their historic ranges or We prepared an economic analysis. eight mussel species. The effect of this are very rare, and facing numerous To ensure that we consider the regulation is to conserve these eight ongoing threats. The Alabama pearlshell economic impacts, we prepared an mussel species and their habitat under and southern kidneyshell no longer economic analysis of the designation of the Act. occur in 50 percent or more of the critical habitat. We published an DATES: This rule becomes effective on stream systems in which they were announcement and solicited public November 9, 2012. historically found. The round comments on the draft economic ADDRESSES: This final rule, final ebonyshell is extremely rare, and its analysis. The analysis found that the economic analysis, and the coordinates distribution is restricted to the main estimated incremental economic cost of from which the maps were generated are channel of the Escambia-Conecuh River. this critical habitat designation to be included in the administrative record Choctaw bean populations in the $1.70 million over a 20-year time frame. for this critical habitat designation and Escambia River drainage are fragmented, The majority of the economic impacts are available on the Internet at http:// and the species’ numbers are low are associated with the transportation www.fws.gov/PanamaCity and http:// throughout its range. The narrow pigtoe, sector, particularly consultation costs www.regulations.gov at Docket No. fuzzy pigtoe, southern sandshell, and associated with the replacement and FWS–R4–ES–2011–0050, and at the tapered pigtoe still occur in much of maintenance of bridges and roads. Panama City FieldOffice. Any their known range but have disappeared We requested peer review of the additional tools or supporting from many of the tributary and main methods used in our proposed listing information that we may develop for channel locations from which they were and critical habitat designation. We this critical habitat designation will also historically known. All are facing a specifically requested that four be available at the Fish and Wildlife variety of threats. However, habitat knowledgeable individuals with Service Web site and Field Office set out degradation and loss as a result of scientific expertise on freshwater above, and may also be included in the excessive sedimentation, bed mussel conservation and biology, and preamble and/or at http:// destabilization, poor water quality, and who are familiar with the eight species www.regulations.gov. Comments and environmental contaminants are and the three river basins in which they materials received, as well as supporting considered the most significant threats occur, review the scientific information documentation used in preparing this to these eight mussels. We are also and methods in the proposed rule. The final rule, are available for public designating critical habitat under the peer reviewers generally concurred with inspection, by appointment, during Act. Critical habitat is designated on the our methods and conclusions and normal business hours, at U.S. Fish and basis of the best scientific information provided additional information, VerDate Mar<15>2010 15:23 Oct 09, 2012 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\10OCR2.SGM 10OCR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations 61665 clarifications, and suggestions to percent of southeastern mussel species Fertilization takes place inside the shell. improve the final rule. are in varying degrees of rarity or The eggs are retained in the gills of the We sought public comment on the possibly extinct (Neves et al. 1997, pp. female until they develop into mature designation. During the first comment 47–51). The central reason for the larvae called glochidia. The glochidia of period, we received five comment decline of freshwater mussels is the most freshwater mussel species, letters directly addressing the proposed modification and destruction of their including all eight species addressed in listing and critical habitat designation. habitat, especially from sedimentation, this rule, have a parasitic stage during During the second comment period, we dams, and degraded water quality which they must attach to the gills, fins, received four comment letters (Neves et al. 1997, p. 60; Bogan 1998, p. or skin of a fish to transform into a addressing the proposed listing and 376). These eight mussels, like many juvenile mussel. Depending on the critical habitat designation, and the other southeastern mussel species, have mussel species, females release draft economic analysis. undergone reductions in total range and glochidia either separately, in masses Background population density. known as conglutinates, or in one large These eight species are all freshwater mass known as a superconglutinate. The It is our intent to discuss in this final bivalve mussels of the families duration of the parasitic stage varies by rule only those topics directly relevant Margaritiferidae