Vol. 77 Tuesday, No. 30 February 14, 2012

Part VI

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the Rayed Bean and Snuffbox Mussels Throughout Their Ranges; Final Rule

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DEPARTMENT OF THE INTERIOR Species Information are swollen, turned forward and inward, and extended above the hingeline Rayed Bean Fish and Wildlife Service (Cummings and Mayer 1992, p. 162). The rayed bean is a small mussel, Beak sculpture consists of three or four 50 CFR Part 17 usually less than 1.5 inches (in) (3.8 faint, double-looped bars (Cummings centimeters (cm)) in length (Cummings and Mayer 1992, p. 162; Parmalee and [Docket No. FWS–R3–ES–2010–0019; and Mayer 1992, p. 142; Parmalee and Bogan 1998, p. 108). The anterior end of 4500030113] Bogan 1998, p. 244; West et al. 2000, p. the shell is rounded, and the posterior 248). The shell outline is elongate or end is truncated, highly so in females. ovate in males and elliptical in females, RIN 1018–AV96 The posterior ridge is prominent, being and moderately inflated in both sexes, high and rounded, while the posterior Endangered and Threatened Wildlife but more so in females (Parmalee and slope is widely flattened. The posterior and Plants; Determination of Bogan 1998, p. 244). The valves are ridge and slope in females is covered Endangered Status for the Rayed Bean thick and solid. The anterior end is with fine ridges and grooves, and the and Snuffbox Mussels Throughout rounded in females and bluntly pointed posterioventral shell edge is finely Their Ranges in males (Cummings and Mayer 1992, p. toothed (Cummings and Mayer 1992, p. 142). Females are generally smaller than 162). When females are viewed from a AGENCY: Fish and Wildlife Service, males (Parmalee and Bogan 1998, p. dorsal or ventral perspective, the Interior. 244). Dorsally, the shell margin is convergence of the two valves on the ACTION: Final rule. straight, while the ventral margin is posterior slope is nearly straight due to straight to slightly curved (Cummings being highly inflated. This gives the SUMMARY: We, the U.S. Fish and and Mayer 1992, p. 142). The beaks are female snuffbox a unique, broadly Wildlife Service (Service), determine slightly elevated above the hingeline lanceolate or cordate perspective when endangered status for the rayed bean (West et al. 2000, p. 248), with sculpture viewed at the substrate and water (Villosa fabalis) and snuffbox consisting of double loops with some column interface (Ortmann 1919, p. 329; (Epioblasma triquetra) mussels nodules (Parmalee and Bogan 1998, p. van der Schalie 1932, p. 104). The throughout their ranges, under the 244). No posterior ridge is evident. ventral margin is slightly rounded in Endangered Species Act of 1973, as Surface texture is smooth and sub- males and nearly straight in females. amended (Act). shiny, and green, yellowish-green, or Females have recurved denticles DATES: This rule becomes effective on brown in color, with numerous, wavy, (downward curved tooth-like structures) March 15, 2012. dark-green rays of various widths on the posterior shell margin that aid in (sometimes obscure in older, blackened ADDRESSES: This final rule is available holding host fish (Barnhart 2008, p. 1). specimens) (Cummings and Mayer 1992, on the Internet at http:// The periostracum (external shell p. 142; West et al. 2000, p. 248). www.regulations.gov at Docket Number surface) is generally smooth and Internally, the left valve has two FWS–R3–ES–2010–0019. Comments yellowish or yellowish-green in young pseudocardinal teeth (tooth-like and materials received, as well as individuals, becoming darker with age. structures along the hingeline of the supporting documentation used in Green, squarish, triangular, or chevron- internal portion of the shell) that are preparing this final rule are available for shaped marks cover the umbone (the triangular, relatively heavy, and large, public inspection, by appointment, inflated area of the shell along the and two short, heavy lateral teeth dorsal margin), but become poorly during normal business hours, at the (Cummings and Mayer 1992, p. 142). U.S. Fish and Wildlife Service, delineated stripes with age. Internally, The right valve has a low, triangular the left valve has two high, thin, Columbus Ecological Services Field pseudocardinal tooth, with possibly Office, 4625 Morse Road, Suite 104, triangular, emarginate pseudocardinal smaller secondary teeth anteriorly and teeth (the front tooth being thinner than Columbus, OH 43230; phone 614–416– posteriorly, and a short, heavy, and 8993; facsimile 614–416–8994. the back tooth) and two short, strong, somewhat elevated lateral tooth slightly curved, and finely striated FOR FURTHER INFORMATION CONTACT: (Parmalee and Bogan 1998, p. 244). The lateral teeth. The right valve has a high, Angela Boyer, Endangered Species color of the nacre (mother-of-pearl) is triangular pseudocardinal tooth with a Coordinator, Columbus Ecological silvery white or bluish and iridescent single short, erect, and heavy lateral Services Field Office (see ADDRESSES). If posteriorly. Key characters useful for tooth. The interdentum (a flattened area you use a telecommunications devise distinguishing the rayed bean from between the pseudocardinal and lateral for the deaf (TDD), call the Federal other mussels are its small size, thick teeth) is absent, and the beak cavity is Information Relay Service (FIRS) at valves, unusually heavy teeth for a wide and deep. The color of the nacre 800–877–8339. small mussel, and color pattern is white, often with a silvery luster, and SUPPLEMENTARY INFORMATION: (Cummings and Mayer 1992, p. 142). a gray-blue or gray-green tinge in the beak cavity. The soft anatomy was Background Snuffbox described by Oesch (1984, pp. 233–234) This document is a final rule to list as The snuffbox is a small- to medium- and Williams et al. (2008, p. 282). Key endangered the rayed bean (Villosa sized mussel, with males reaching up to characters useful for distinguishing the fabalis) and snuffbox (Epioblasma 2.8 in (7.0 cm) in length (Cummings and snuffbox from other species include its triquetra). Mayer 1992, p. 162; Parmalee and Bogan unique color pattern, shape (especially 1998, p. 108). The maximum length of in females), and high degree of inflation. Previous Federal Action females is about 1.8 in (4.5 cm) Federal actions for these species prior (Parmalee and Bogan 1998, p. 108). The Taxonomy to November 2, 2010, are outlined in our shape of the shell is somewhat The rayed bean is a member of the proposed rule for these actions (75 FR triangular (females), oblong, or ovate freshwater mussel family Unionidae and 67552). Publication of the proposed rule (males), with the valves solid, thick, and was originally described as Unio fabalis opened a 60-day comment period, very inflated. The beaks are located by Lea in 1831 (pp. 86–87). The type which ended on January 3, 2011. somewhat anterior of the middle, and locality (the location of the first

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identified specimen) is the Ohio River employ foot (pedal) feeding, consuming 2000, p. 30; Sherman Mulcrone 2004, (Parmalee and Bogan 1998, p. 244), settled algae and detritus (Yeager et al. pp. 100–103). probably in the vicinity of Cincinnati, 1994, p. 221). Unionids have an unusual Habitat Characteristics Ohio. Over the years, the rayed bean has mode of reproduction. Their life cycle been placed in the genera Unio, includes a brief, obligatory parasitic The rayed bean is generally known Margarita, Margaron, Eurynia, stage on fish. Eggs develop into from smaller, headwater creeks, but Micromya, and Lemiox. It was microscopic larvae called glochidia occurrence records exist from larger ultimately placed in the genus Villosa within special gill chambers of the rivers (Cummings and Mayer 1992, p. by Stein (1963, p. 19), where it remains female mussel. The female expels the 142; Parmalee and Bogan 1998, p. 244). They are usually found in or near shoal today (Turgeon et al. 1998, p. 33). We mature glochidia, which must attach to or riffle (short, shallow length of stream recognize Unio capillus, U. lapillus, and the gills or the fins of an appropriate where the stream flows more rapidly) U. donacopsis as synonyms of Villosa fish host to complete development. Host areas, and in the shallow, wave-washed fabalis. fish specificity varies among unionids. The snuffbox is a member of the areas of glacial lakes, including Lake Some species appear to use a single freshwater mussel family Unionidae and Erie (West et al. 2000, p. 253). In Lake host, while others can transform on was described as Truncilla triqueter Erie, the species is generally associated several host species. Following (Rafinesque 1820, p. 300). The species with islands in the western portion of name was later changed to triquetra successful infestation, glochidia encyst the lake. Preferred substrates typically (Simpson 1900, p. 517), from the Latin (enclose in a cyst-like structure) and include gravel and sand. The rayed bean triquetrous meaning ‘‘having three acute drop off as newly transformed juveniles. is oftentimes found among vegetation angles,’’ a reference to the general shape For further information on freshwater (water willow (Justicia americana) and of the female. The type locality is the mussels, see Gordon and Layzer (1989, water milfoil (Myriophyllum sp.)) in and Falls of the Ohio (Ohio River, pp. 1–17). adjacent to riffles and shoals (Watters Louisville, Kentucky) (Parmalee and Mussel biologists know relatively 1988b, p. 15; West et al. 2000, p. 253). Bogan 1998, p. 108). The synonymy little about the specific life-history Specimens are typically buried among (scientific names used for the species) of requirements of the rayed bean and the the roots of the vegetation (Parmalee the snuffbox was summarized by snuffbox. Most mussels, including the and Bogan 1998, p. 245). Adults and Johnson (1978, pp. 248–249), Parmalee rayed bean and snuffbox, have separate juveniles appear to produce byssal and Bogan (1998, p. 108), and Roe sexes. The age at sexual maturity, which threads (thin, protein-based fibers) (2004, p. 3). This species has also been is unknown for the rayed bean and (Woolnough 2002, pp. 99–100), considered a member of the genera snuffbox, is highly variable (0–9 years) apparently to attach themselves to Unio, Dysnomia, Plagiola, Mya, among and within species (Haag and substrate particles. Margarita, Margaron, and Epioblasma at Staton 2003, pp. 2122–2123), and may The snuffbox is found in small- to various times since its description. The be sex-dependent (Smith 1979, p. 382). medium-sized creeks, to larger rivers, monotypic subgenus Truncillopsis was Both species are thought to be long-term and in lakes (Cummings and Mayer created for this species (Ortmann and brooders; rayed bean females brood 1992, p. 162; Parmalee and Bogan 1998, Walker 1922, p. 65). The genus glochidia from May through October p. 108). The species occurs in swift Epioblasma was not in common usage (Parmalee and Bogan 1998, p. 108; currents of riffles and shoals and wave- until the 1970s (Stansbery 1973, p. 22; Ecological Specialists, Inc. (ESI) 2000, p. washed shores of lakes over gravel and Stansbery 1976, p. 48; contra Johnson 5; Woolnough 2002, p. 23), and snuffbox sand with occasional cobble and boulders. Individuals generally burrow 1978, p. 248), where it currently brood glochidia from September to May deep into the substrate, except when remains (Turgeon et al. 1998, p. 34). (Ortmann 1912, p. 355; 1919, p. 327). spawning or attempting to attract a host Unio triqueter, U. triangularis, U. Tippecanoe darter (Etheostoma (Parmalee and Bogan 1998, p. 108). triangularis longisculus, U. triangularis tippecanoe) is the only verified host fish pergibosus, U. cuneatus, and U. Strayer (1999a, pp. 471–472) for the rayed bean (White et al. 1996, p. formosus are recognized as synonyms of demonstrated in field trials that mussels 191). Other rayed bean hosts are thought E. triquetra. Tricorn pearly mussel is in streams occur chiefly in flow refuges, to include the greenside darter (E. another common name for this species or relatively stable areas that display blennioides), rainbow darter (E. (Clarke 1981a, p. 354). little movement of particles during flood caeruleum), mottled sculpin (Cottus events. Flow refuges conceivably allow Life History bairdi), and largemouth bass relatively immobile mussels to remain The general biology of the rayed bean (Micropterus salmoides) (Woolnough in the same general location throughout and the snuffbox is similar to other 2002, p. 51). Based on inference of their entire lives. Strayer thought that bivalved mollusks belonging to the closely related species, additional hosts features commonly used in the past to family Unionidae. Adults are may be suitable, including other darter explain the spatial patchiness of suspension-feeders, spending their and sculpin species (Jones 2002, pers. mussels (water depth, current speed, entire lives partially or completely comm.). Juvenile snuffbox have sediment grain size) were poor buried within the substrate (Murray and successfully transformed on logperch predictors of where mussels actually Leonard 1962, p. 27). Adults feed on (Percina caprodes), blackside darter (P. occur in streams. algae, bacteria, detritus, microscopic maculata), rainbow darter, Iowa darter animals, and dissolved organic material (E. exile), blackspotted topminnow Rayed Bean Historical Distribution (Silverman et al. 1997, p. 1859; Nichols (Fundulus olivaceous), mottled sculpin, The rayed bean historically occurred and Garling 2000, p. 873; Christian et al. banded sculpin (C. carolinae), Ozark in 115 streams, lakes, and some human- 2004, pp. 108–109; Strayer et al. 2004, sculpin (C. hypselurus), largemouth made canals in 10 States: Illinois, pp. 430–431). Recent evidence suggests bass, and brook stickleback (Culaea Indiana, Kentucky, Michigan, New that adult mussels may also deposit-feed inconstans) in laboratory tests (Sherman York, Ohio, Pennsylvania, Tennessee, on particles in the sediment (Raikow 1994, p. 17; Yeager and Saylor 1995, p. Virginia, and West Virginia; and and Hamilton 2001, p. 520). For their 3; Hillegass and Hove 1997, p. 25; Ontario, Canada. The mussel occurred first several months, juvenile mussels Barnhart et al. 1998, p. 34; Hove et al. in parts of the upper (Lake Michigan

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drainage) and lower Great Lakes in seven States and 1 Canadian Elk River, and from Tennessee, until the systems, and throughout most of the province: Indiana (St. Joseph River (Fish 2008 reintroduction into the Duck River Ohio and Tennessee River systems. Creek), Tippecanoe River (Lake (Clayton 2007, pers. comm.; Urban During historical times, the rayed bean Maxinkuckee, Sugar Creek)), Michigan 2010, pers. comm.; Moles and Layzer was fairly widespread and locally (Black River (Mill Creek), Pine River, 2009, p. 2). common in many Ohio River system Belle River, Clinton River), New York In this rule, mussel shell collection streams based on collections made over (Allegheny River (Olean Creek, records have been classified according a several-decade period. The species Cassadaga Creek)), Ohio (Swan Creek, to the condition of shell material. Fresh was once fairly common in the Belle, Fish Creek, Blanchard River, Tymochtee dead shells still have flesh attached to South Branch Thames, Detroit, Scioto, Creek, Walhonding River, Mill Creek, the valves, they may or may not retain Wabash, and Duck Rivers; several Big Darby Creek, Scioto Brush Creek; a luster to their nacre, and their tributaries in the Scioto system Great Miami River, Little Miami River periostracum is non-peeling, all (Olentangy River, and Big Darby and (East Fork Little Miami River), indicating relatively recent death Alum Creeks); and Tippecanoe Lake, Stillwater River), Pennsylvania (generally less than 1 year) (Buchanan based on literature and museum records (Allegheny River (French Creek (Le 1980, p. 4). Relic shells have lost the (Call 1900; Watters 1994, p. 105; West Boeuf Creek, Muddy Creek, Cussewago luster to their nacre, have peeling or et al. 2000, p. 251; Badra 2002, pers. Creek))), Tennessee (Duck River), and absent periostracum, may be brittle or comm.). The rayed bean was last West Virginia (Elk River); and Ontario, worn, and likely have been dead more reported from some streams several Canada (Sydenham River, Thames than a year (Buchanan 1980, pp. 4–5; decades ago (North Branch Clinton, River). Zanatta et al. 2002, p. 482). Generally, Auglaize, Ohio, West Fork, Beaver, fresh dead shells indicate the continued Rayed Bean Population Estimates and Shenango, Mahoning, Mohican, Scioto, presence of the species at a site (Metcalf Status Green, Barren, Salamonie, White, Big 1980, p. 4). The presence of relic shells Blue, Tennessee, Holston, South Fork Based on historical and current data, only, along with repeated failure to find Holston, Nolichucky, Clinch, North the rayed bean has declined live animals or fresh dead shells, likely Fork Clinch, and Powell Rivers; Wolf, significantly rangewide and is now signifies that a population is extirpated Conewango, Oil, Crooked, Pymatuning, known only from 31 streams and 1 lake (Watters and Dunn 1993–94, pp. 253– Mill, Alum, Whetstone, Deer, Lick, and (down from 115), a 73 percent decline 254). Shells labeled R may originally Richland Creeks; and Buckeye, (Table 1). This species has also been have been reported by collectors as Tippecanoe, Winona, and Pike Lakes). eliminated from long reaches of former either weathered dead (or weathered The rayed bean population in Lake Erie habitat in hundreds of miles of the dry) or subfossil. If no details on shell was once considerable (Ohio State Maumee, Ohio, Wabash, and Tennessee condition were provided for a record, University Museum of Biological Rivers and from numerous stream the shell is simply referred to as dead. Diversity (OSUM) collections), but has reaches and their tributaries. In In this document, a population is been eliminated by the zebra mussel. addition, this species is no longer considered viable if evidence of known from the States of Illinois, successful reproduction is documented Rayed Bean Current Distribution Kentucky, and Virginia. The rayed bean and it has enough individuals to sustain Extant populations of the rayed bean was also extirpated from West Virginia, the population at its current level for the are known from 31 streams and 1 lake until the 2006 reintroduction into the foreseeable future.

TABLE 1—RAYED BEAN EXTANT STREAM POPULATION SUMMARY BY STREAM OF OCCURRENCE

Last Potential Population Population Stream (state) observed Recruiting viability size trend

Black River (MI) ...... 2001 Unknown ...... Low ...... Small ...... Unknown. Mill Creek (MI) ...... 2002 Unknown ...... Unknown ..... Small ...... Unknown. Pine River (MI) ...... 2002 Yes ...... High ...... Small ...... Declining. Belle River (MI) ...... 2010 Unknown ...... Unknown ..... Small ...... Unknown. Clinton River (MI) ...... 2009 Yes ...... Unknown ..... Small ...... Unknown. Sydenham River (ON) ...... 2010 Yes ...... High ...... Large ...... Stable. Thames River (ON) ...... 2008 Unknown ...... High ...... Large ...... Unknown. Swan Creek (OH) ...... 2010 Yes ...... High ...... Large ...... Stable. St. Joseph River (IN) ...... 1998 Unknown ...... Low ...... Small ...... Declining. Fish Creek (IN, OH) ...... 2009 Unknown ...... Low ...... Small ...... Declining. Blanchard River (OH) ...... 2010 Yes ...... High ...... Large ...... Unknown. Tymochtee Creek (OH) ...... 1996 Unknown ...... Unknown ..... Small ...... Unknown. Allegheny River (PA, NY) ...... 2010 Yes ...... High ...... Large ...... Stable. Olean Creek (NY) ...... 2000 Yes ...... High ...... Small ...... Unknown. Cassadaga Creek (NY) ...... 1994 Yes ...... Low ...... Small ...... Unknown. French Creek (PA) ...... 2005 Yes ...... High ...... Large ...... Stable. Le Boeuf Creek (PA) ...... 2006 Unknown ...... Unknown ..... Unknown ..... Unknown. Muddy Creek (PA) ...... 2006 Unknown ...... Unknown ..... Unknown ..... Unknown. Cussewago Creek (PA) ...... 1991 Unknown ...... Unknown ..... Small ...... Unknown. Walhonding River (OH) ...... 1991–95 Unknown ...... Low ...... Small ...... Declining. Elk River (WV) ...... 2010 Unknown (Reintroduced in Unknown ..... Small ...... Unknown. 2006). Mill Creek (OH) ...... 2011 Unknown ...... Unknown ..... Unknown ..... Unknown. Big Darby Creek (OH) ...... 2008 Unknown ...... Unknown ..... Small ...... Declining. Scioto Brush Creek (OH) ...... 1987 Unknown ...... Unknown ..... Small ...... Unknown. Great Miami River (OH) ...... 2010 Unknown ...... Unknown ..... Unknown ..... Unknown. Little Miami River (OH) ...... 1990–91 Unknown ...... Unknown ..... Unknown ..... Unknown.

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TABLE 1—RAYED BEAN EXTANT STREAM POPULATION SUMMARY BY STREAM OF OCCURRENCE—Continued

Last Potential Population Population Stream (state) observed Recruiting viability size trend

East Fork Little Miami River (OH) ...... 1990–91 Unknown ...... Unknown ..... Unknown ..... Unknown. Stillwater River (OH) ...... 1987 Unknown ...... Unknown ..... Unknown ..... Unknown. Tippecanoe River (IN) ...... 1995 Unknown ...... Low ...... Unknown ..... Declining. Lake Maxinkuckee (IN) ...... 1997 Unknown ...... Unknown ..... Unknown ..... Declining. Sugar Creek (IN) ...... 1998 Unknown ...... Unknown ..... Unknown ..... Unknown. Duck River (TN) ...... 2008 Unknown (Reintroduced in Unknown ..... Small ...... Unknown. 2008).

Upper Great Lakes Sub-Basin confluence of the Black River was portion of the river. The status of the The rayed bean was not known from surveyed in 2003 and 2004, with one Belle River population is still not well the upper Great Lakes sub-basin until rayed bean shell found during each known, but appears to be small and 1996, when relic specimens were survey (Badra 2008, pers. comm.). restricted to a short reach in the lower documented from the Pigeon River, a Similar to the population in the Black river. tributary to the St. Joseph River that River, the status of this newly Clinton River—The rayed bean was flows into Lake Michigan. No extant discovered population cannot be first recorded from the Clinton River in populations of the rayed bean are accurately assessed at this time. 1933 (Badra 2008, pers. comm.). The currently known from this system. Pine River—Another tributary of the mussel fauna in the entire mainstem of St. Clair River, the Pine River is located the Clinton River downstream of Lower Great Lakes Sub-Basin in southeastern Michigan. The rayed Pontiac, Michigan, was apparently Of the 115 water bodies from which bean was apparently not collected in the wiped out by pollution between 1933 the rayed bean was historically Pine River until 1982, when specimens and 1977 (Strayer 1980, p. 147). In 1992, recorded, 27 are in the lower Great were found at three sites (Hoeh and Trdan and Hoeh (1993, p. 102) found 26 Lakes system. The species is thought to Trdan 1985, p. 116). These collections live individuals using a suction dredge be extant in 12 streams, which are included 5 live individuals and 23 fresh from a bridge site slated for widening, discussed below, but historically dead specimens (Badra 2002, pers. where Strayer (1980, p. 146) previously significant populations have been comm.). Hoeh and Trdan (1985, p. 116) found only relic shells. The rayed bean eliminated from Lake Erie and the considered it to be ‘‘rare,’’ semi- represented 1.2 percent relative Detroit River. quantitatively defined as occurring at a abundance of the 10 species collected at Black River—A tributary of the St. rate of less than one specimen per the site (Trdan and Hoeh 1993, p. 102). Clair River, linking Lakes Huron and St. person-hour sampling effort. In 1997, The population in the Clinton River is Clair, the Black River is located in two live individuals were found. The probably viable but currently restricted southeastern Michigan. Hoeh and Trdan last survey in the Pine River occurred in to about 3 mi (4.8 km) of stream in the (1985, p. 115) surveyed 17 sites in the 2002 (Badra 2008, pers. comm.), and western suburbs of Pontiac (Butler 2002, Black River system, including 12 one live rayed bean was documented p. 9). Zanatta (2011, pers. comm.) found mainstem sites over approximately 47 (Badra and Goforth 2003, p. 6). one live rayed bean in 2009. The rayed miles (75 km), but failed to find the Comparing the historical and most bean’s long-term viability appears to be rayed bean. The rayed bean was not recent survey resulting, it appears that precarious in the Clinton River. discovered there until the summer of the species may have declined Sydenham River—The rayed bean in 2001, when a single live individual was significantly since the 1980s, but it is the Sydenham River represents one of found in the lower river in the Port probably still viable in the Pine River. the largest rayed bean populations Huron State Game Area (PHSGA) (Badra Belle River—The Belle River is a third remaining. West et al. (2000, pp. 252– 2002, pers. comm.). A survey in 2003 tributary of the St. Clair River harboring 253) presented a highly detailed failed to find any rayed bean, and two an extant population of the rayed bean. collection history of the rayed bean in surveys in 2005 found only two valves This species was first collected from the the Sydenham River. The rayed bean is (Badra 2008, pers. comm.). An Belle River in 1965, when 17 fresh dead currently thought to exist in an additional survey was performed in specimens were collected (OSUM approximately 75-mi (120-km) reach of 2005 at six sites, but no rayed bean were 1965:0106). The same site was revisited the middle Sydenham, from the general found (Badra 2008, pers. comm.). The in 1978, but only one fresh dead shell vicinity of Napier, Ontario, downstream status of this population cannot be is represented in OSUM 1978:0013. to Dawn Mills. The species appears to accurately assessed at this time, but Since that time, live individuals or fresh be most abundant in the lower half of would appear to be small and of dead specimens were found in 1983 and this river reach. Although the range has questionable viability (Butler 2002, 1992, while only relic shells were found remained relatively consistent over p. 8). in 1994 (Badra 2008, pers. comm.). time, abundance data at repeatedly Mill Creek—Mill Creek is a tributary During summer 2002 sampling, single sampled sites from the 1960s to the late of the Black River, St. Clair County, in live specimens were found at two new 1990s indicate a general decline of the southeastern Michigan. The rayed bean sites in the Belle River, with four and rayed bean. Based on the range of sizes was discovered in Mill Creek in August two fresh dead specimens, respectively, and roughly equal number of specimens 2002. Five dead specimens were found also found at these sites (Badra 2008, in various size classes of the live and approximately 0.5 miles (mi) (0.8 pers. comm.). In 2010, five live fresh dead material they gathered, West kilometers (km)) above its confluence individuals were found at the same two et al. (2000, p. 256) considered the with the Black River in the PHSGA sites sampled in 2002 (Zanatta 2011, population to be ‘‘healthy’’ and (Badra 2002, pers. comm.). A Mill Creek pers. comm.). These two sites are about ‘‘reproducing’’ (recruiting). Data from site 0.25 mi (0.4 km) from the 2 miles (3.2 km) apart in the lower sampling in 2001 show evidence of

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recruitment and variable size classes for form the Maumee in Ft. Wayne, Indiana. River in north-central Ohio, which both sexes from most of the sites The rayed bean was historically known flows into the southwestern portion of (Woolnough 2002, p. 50). Based on this from numerous sites on the river, but Lake Erie. The rayed bean is known data, the rayed bean population in the now apparently persists only at a couple from three sites in a reach of stream in Sydenham River is doing considerably of sites in the lower St. Joseph River in Wyandot County and was first collected better than West et al. (2000, pp. 252– Allen and DeKalb Counties, Indiana in 1970. All collections of the rayed 253) suggested. Woolnough and Morris (Watters 1988b, p. 15; 1998, Appendix bean have been small, with not more (2009, p. 19) estimate that there are 1.5 C); a few fresh dead specimens were than five fresh dead shells found in any million mature rayed bean in the found in both studies, but no live one collection effort. The last record is Sydenham River living in the 38-mile individuals were found. Grabarkiewicz for 1996, when a pair and three (61-km) stretch between Napier Road and Crail (2008, p. 13) surveyed six sites unpaired valves were collected. The near Alvinston, Ontario, and Dawn on the West Branch St. Joseph River in condition of at least one of the valves Mills, Ontario. 2007, but did not encounter any rayed indicated that the rayed bean is Thames River—The Thames River bean. probably still extant in the stream, flows west through southwestern Fish Creek—A tributary of the St. although no live individuals were Ontario. The rayed bean was historically Joseph River that begins in Ohio, Fish observed (Athearn 2002, pers. comm.). known from only the south branch until Creek flows west, then south through The rayed bean status in Tymochtee 2008, when it was discovered in the Indiana, then eventually east into Ohio Creek is, therefore, currently unknown. north branch. In July 2008, six gravid before joining the St. Joseph River at (gills full of glochidia) females were Edgerton. The rayed bean persists in Ohio River System collected at two north branch sites Williams County, Ohio, and possibly The rayed bean was historically (Woolnough 2008, pers. comm.). In DeKalb County, Indiana. Based on the known from the Ohio River in the September 2008, four live females and appearance of 2 live individuals and vicinity of Cincinnati, Ohio, two live males were collected at two fresh dead shells, it inhabits the lower downstream to the Illinois portion of the different north branch sites (Woolnough 10 mi (16.1 km) or less of the stream river. It undoubtedly occurred 2008, pers. comm.). All of these (Watters 1988b, p. 18; Grabarkiewicz elsewhere in the upper mainstem. Few individuals were collected within a 2009, pers. comm.). Watters (1988b, p. historical records are known (mostly 4.5-mi (7.2-km) reach of the river ii) considered Fish Creek to be ‘‘the circa 1900), and no recent collections (Woolnough 2008, pers. comm.). most pristine tributary of the St. Joseph have been made, indicating that it Woolnough and Morris (2009, p. 19) system.’’ A major diesel fuel spill from became extirpated there decades ago. It estimate that there are 4,300 mature a ruptured pipeline in DeKalb County in was historically known from 74 streams, rayed bean in the Thames River. 1993 resulted in a mussel kill in the canals, and lakes in the system, Maumee River System—The Maumee lower portion of the stream (Sparks et representing roughly two-thirds of its River system, which flows into the al. 1999, p. 12). It is not known if the total range. Ortmann (1925, p. 354) western end of Lake Erie, was once a rayed bean was affected by the spill. considered the rayed bean to be major center of distribution of the rayed Surveys in 2004 (at 64 qualitative sites) ‘‘abundant in small streams’’ in the bean. The species was historically and 2005 (at 11 quantitative sites) failed Ohio River system. Currently, only 18 known from eight streams in the system to detect the species (Brady et al. 2004, streams and a lake are thought to have in addition to the mainstem Maumee. p. 2; 2005, p. 3). However, extant rayed bean populations in the Further, an additional population was Grabarkiewicz (2009, pers. comm.) system. discovered in the system in 2005 in reported finding two live and three fresh Allegheny River System—Nine Swan Creek. dead rayed bean in 2005, at the County streams and Chautauqua Lake Swan Creek—Swan Creek is a Road 3 bridge in Ohio. In 2009, two historically harbored rayed bean tributary of the lower Maumee River in fresh dead rayed bean were found in populations in the Allegheny River northwestern Ohio. This population was lower Fish Creek in Ohio (Boyer 2009, system. Currently, the rayed bean is discovered in 2005. Surveys conducted pers. obs.). The viability and status of found in half of these water bodies, but in 2006 and 2007 found that the Swan this population are uncertain (Fisher in good numbers in two streams Creek population is limited to about 3 2008, pers. comm.). (Allegheny River and French Creek) in river mi (5 river km) between river mile Blanchard River—The Blanchard this drainage. (RM) 18.3 and 15.3 (Grabarkiewicz River is a tributary of the Auglaize River Allegheny River—The Allegheny 2008, p. 11). The rayed bean was the in the Maumee River system, in River drains northwestern Pennsylvania fourth most abundant unionid present northwestern Ohio. First discovered in and western New York, joining the within the 2006–2008 sample area, 1946, this population is one of the Monongahela River at Pittsburgh, reaching densities of eight individuals largest of the rayed bean rangewide. The Pennsylvania, to form the Ohio River. per square meter in some areas and rayed bean in the Blanchard River is Ortmann (1909a, p. 179; 1919, p. 262) comprising about 14.1 percent of the restricted to 25–30 river mi (40–48 river was the first to report the rayed bean total mussel community (Grabarkiewicz km) in the upper portion of the stream from the Allegheny. The population 2008, p. 10). The rayed bean population in Hardin and Hancock Counties once stretched from Cataraugus County, in Swan Creek is viable and, although upstream of Findley (Hoggarth et al. New York, to Armstrong County, limited to a short reach, may be one of 2000, p. 22). Hoggarth et al. (2000, p. 23) Pennsylvania. Based on historical the most robust remaining populations. reported the rayed bean to be the fourth collections, it appears that the rayed St. Joseph River—The St. Joseph River most common species in the drainage. bean is more abundant now than it was is one of the two major headwater Grabarkiewicz (2010, pers. comm.) historically in the Allegheny River. This tributaries to the Maumee, with a found live individuals, including a may indicate that the rayed bean drainage area in southeastern Michigan, juvenile, at six sites sampled in 2010. population in the Allegheny has northwestern Ohio, and northeastern The population is considered to be expanded in the past 100 years. Many Indiana. The mainstem flows in a viable. streams in western Pennsylvania have southwesterly direction to its Tymochtee Creek—Tymochtee Creek improved water quality since Ortmann’s confluence with the St. Mary’s River to is a tributary to the upper Sandusky time, when he reported on the

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wholesale destruction of mussels in two counties, Crawford and Venango. Charleston. The rayed bean was several streams (Ortmann 1909b, pp. Not until circa 1970 did the population extirpated in the Elk River sometime in 11–12). The species currently occurs in become more thoroughly known, with the 1990s. In 2006 and 2007, Pennsylvania downstream of Allegheny museum lot sizes indicating sizable approximately 600 adults were (Kinzua) Reservoir in Warren County to populations at several sites, particularly reintroduced into the Elk River above the pool of Lock and Dam 6 in northern in the lower reaches of the stream. Clendenin. In 2008, an effort was made Armstrong County, a distance of over Recent collections indicate that to monitor the reintroduction. A 30- 100 river mi (161 river km) (Villella population levels remain high with the minute search yielded two live Bumgardner 2008, pers. comm.). The rayed bean occurring throughout the individuals, but efforts were Allegheny population is viable and one mainstem (Villella Bumgardner 2002, discontinued due to high water and of the most important remaining pers. comm.; Smith and Crabtree 2005, excessive habitat disturbance caused by rangewide today. pp. 15–17; Enviroscience 2006, p. 5). the search effort (Clayton 2008, pers. Olean Creek—Olean Creek is a Le Boeuf Creek—Le Boeuf Creek is a comm.). In 2010, none of the tributary of the Allegheny River in small western tributary of upper French individuals released in 2006 was found, western New York. A small population Creek, flowing in a southerly direction but an additional 200 individuals were of the rayed bean is known from the just west of West Branch French Creek released (Clayton 2010, pers. comm.). lower portions of the stream. Strayer et in Erie County, Pennsylvania. A total of The translocated adults are thought to al. (1991, p. 67) reported the rayed bean five live individuals were collected at persist in the stream, but it is unknown from three sites during 1987–90 two out of five sites during a 2006 if this new population is reproducing. sampling, although just one live survey (Smith et al. 2009, pp. 68–76; Scioto River system—The Scioto River individual was located with relic shells Welte 2011, pers. comm.). No other system, in central and south-central from the other two sites. Only relic information is available on the status of Ohio, is a major northern tributary of shells were found in Olean Creek in this population. the Ohio River. A historically large 1994, but three live individuals were Muddy Creek—Muddy Creek is an metapopulation of the rayed bean found in 2000, at the proposed eastern tributary of upper French Creek occupied at least 11 streams, the Ohio construction site of the City of Olean in Crawford County, Pennsylvania. The and Erie Canal, and Buckeye Lake. Water Treatment Plant (ESI 2000, p. 8). rayed bean was not discovered until the Sizable populations were noted in at Collected only during their quantitative summer of 2006. Live and fresh dead least the Olentangy River, and Alum sampling effort, the rayed bean rayed bean were reported from 2 of 20 and Big Darby Creeks, based on OSUM represented a relative abundance of lower river sites (Mohler et al. 2006, pp. collections primarily from the 1960s. A 11.5 percent of the seven live species 581–582). No live juveniles were found series of system reservoirs, mostly north sampled. The rayed bean age during the 2006 survey (Mohler et al. of Columbus, reduced habitat and distribution of these specimens also 2006, p. 576). No other information is contributed to the elimination of some indicates recent recruitment into the available on the status of this populations in several streams (Alum, population (ESI 2000, p. 9). Relic population. Big Walnut, and Deer Creeks; Olentangy specimens are now known from an 8-mi Cussewago Creek—Cussewago Creek and Scioto Rivers). The location of the (13-km) reach of stream, with live is a tributary of lower French Creek, Columbus Metropolitan Area in the individuals known from less than 1.5 mi with its confluence at Meadville, heart of the watershed has also taken a (2.4 km) of the lower creek. The Olean Crawford County, Pennsylvania. A major toll on the species. The historical Creek population appears viable, but is small population was reported in 1991 Scioto rayed bean metapopulation has small and tenuous (Butler 2008, pers. from Cussewago Creek (Proch 2001, since been decimated by anthropogenic comm.) pers. comm.). The rayed bean is thought factors. Currently, remnant populations Cassadaga Creek—Cassadaga Creek is to persist in the stream, but its current are known only from Mill Creek, Big a tributary of Conewango Creek in the status is unknown. Darby Creek, and Scioto Brush Creek. Allegheny River system, in western New Walhonding River—The Walhonding Mill Creek—Mill Creek is a tributary York. A small population of the rayed River is a tributary of the upper of the Scioto River in central Ohio that bean is known from a single riffle (Ross Muskingum River system, in central joins the Scioto River at the Mills) in the lower creek north of Ohio, forming the latter river at its O’Shaughnessy Reservoir northwest of Jamestown. Four live specimens were confluence with the Tuscarawas River at the City of Columbus. In 2004, seven found in 1994 (Strayer 1995). Muskrat Coschocton. Small numbers of rayed fresh dead specimens were found middens (a pile of shells) collected bean shells are represented in OSUM during a survey in the City of Marysville during the winter of 2002 produced 38 collections from the 1960s and 1970s. (Hoggarth 2005, p. 7). In 2007, Hoggarth fresh dead specimens with a size range During 1991–93, Hoggarth (1995–96, p. (2007a, pp. 5–6) found two live rayed of 0.8–1.7 in (2.0–4.3 cm) (Clapsadl 161) discovered one live individual and bean at the same site and one live 2002, pers. comm.). Although the rayed one fresh dead specimen at one site, individual at an additional site. No bean is not known from other sites in while four relic specimens were found other information is available on the the stream, it appears to be viable at this at three other sites. A small rayed bean status of this population. site. population is thought to remain in the Big Darby Creek—Big Darby Creek is French Creek—French Creek is a Walhonding River; its status is one of the major tributaries draining the major tributary of the middle Allegheny unknown, but is deemed highly northwestern portion of the Scioto River River, in western New York and tenuous, given the small population system in central Ohio. A sizable rayed northwestern Pennsylvania. One of the size. The population is probably nearing bean population was noted in Big Darby largest rayed bean populations known, extirpation (Hoggarth 2008a, pers. Creek from OSUM collections, primarily it is found in much of the lower comm.). from the 1960s. Watters (1994, p. 105) portions of the stream in four Elk River—The Elk River is a major reported finding a few fresh dead Pennsylvania counties (the species is 181-river-mi (291-river-km) tributary in specimens in 1986, but none in 1990, not known from the New York portion the lower Kanawha River system and indicated that the rayed bean was of stream). Ortmann (1909a, p. 188; draining central West Virginia and probably extirpated from Big Darby 1919, p. 264) reported the species from flowing west to the Kanawaha River at Creek. In 2006, one live individual was

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found at the U.S. Highway 42 bridge East Fork Little Miami River—The Tippecanoe River. Fisher (2002, pers. replacement project site (Hoggarth 2006, East Fork Little Miami River is an comm.), who made the 1997 OSUM p. 6). This individual was relocated to eastern tributary of the lower Little collection, noted that many native a site upstream out of the impact zone Miami River, with its confluence at the mussels had zebra mussels attached to of the bridge project, and nine eastern fringe of the Cincinnati their valves that were apparently additional live individuals were metropolitan area. According to OSUM contributing to their mortality. The subsequently found at the relocation site records, eight fresh dead specimens status of the rayed bean in Lake (Hoggarth 2006, p. 6). In 2007, three live were reported from a site in eastern Maxinkuckee is, therefore, highly rayed bean were found at the relocation Clermont County in 1973. Hoggarth tenuous, and its long-term persistence site (Hoggarth 2007b, p. 9). Hoggarth (1992, p. 265) reported one live, three questionable. (2008b, pers. comm.) visited the same fresh dead, and one relic rayed bean Sugar Creek—Sugar Creek is a relocation site in 2008, and reported from three sites in a 7-river-mi (11-river- tributary of the East Fork White River, finding ‘‘numerous living specimens’’ of km) stretch of the stream in western in the lower Wabash River system in the rayed bean. The status of this Clermont and adjacent Brown County south-central Indiana. A rayed bean population cannot be accurately (including the 1973 site). Harsha population was first reported there in assessed at this time, but would appear Reservoir on the East Fork destroyed 1930 (Butler 2002, p. 19). Harmon to be small and of questionable viability. several miles of potential stream habitat (1992, p. 33) sampled 27 mainstem and Scioto Brush Creek—Scioto Brush for the rayed bean a few miles 16 tributary sites, finding fresh dead Creek is a small western tributary of the downstream of the extant population. specimens at 3 mainstem sites and relic lower Scioto River in Scioto County, The status of the rayed bean in the river specimens from 2 other sites. The sites south-central Ohio. Watters (1988a, p. is uncertain, but probably of doubtful with fresh dead material were found in 45) discovered the rayed bean in this persistence (Butler 2002, p. 17). the lowermost 6 mi (9.7 km) of stream. stream in 1987, reporting two fresh dead Stillwater River—The Stillwater River The status and viability of this tenuous and two relic specimens from a site, and is a western tributary of the middle population is uncertain (Fisher 2008, a relic specimen from a second site Great Miami River in southwestern pers. comm.). among the 20 sites he collected. This Ohio. The rayed bean is known from Tennessee River System population’s current status is uncertain. two specimens, one fresh dead and one Great Miami River – The Great Miami relic, collected in 1987 at two sites Historically, the rayed bean was River is a major northern tributary of the spanning the Miami–Montgomery known from the Tennessee River and 12 Ohio River in southwestern Ohio that County line (OSUM records). Both sites of its tributary streams. Ortmann (1924, originates from Indian Lake in west- occur in the footprint of Englewood p. 55) reported that the rayed bean had central Ohio and flows into the Ohio Reservoir (constructed circa 1920), a ‘‘rather irregular distribution’’; River west of Cincinnati. The which serves as a retarding basin (a however, museum lots show that it was occurrence of the rayed bean in the constructed empty lake used to absorb fairly common in some streams (North Great Miami River was discovered in and contain flooding in periods of high Fork Clinch, Duck Rivers). The last live August 2009, during a mussel survey for rain) that is normally a free-flowing rayed bean records from the system, a bridge project in Logan County, Ohio. river except in times of flood, therefore with the exception of the Duck River, Only one individual was documented, a continuing to provide riverine habitat were from the 1960s or earlier. The male approximately 7 to 8 years of age that is normally destroyed by species persisted in the Duck until the (Hoggarth 2009, pers. comm.). The permanently impounded reservoirs. The early 1980s. Prior to the 2008 following year, Hoggarth (2010, p. 5) rayed bean in the Stillwater River may reintroduction into the Duck River, found a juvenile rayed bean. The status be extant, but its status is currently intensive sampling in the Duck of this newly discovered population is unknown and considered highly watershed had failed to locate even a not known. imperiled (Butler 2002, p. 17). relic shell of the rayed bean (Ahlstedt et Little Miami River—The Little Miami Tippecanoe River—The Tippecanoe al. 2004, p. 29). Tributaries in this River is a northern tributary of the Ohio River is a large northern tributary of the system have been extensively sampled River in southwestern Ohio, flowing middle Wabash River in north-central over the past 25 years. into the latter at the eastern fringe of the Indiana. The first records for the rayed Duck River—The Duck River is the Cincinnati metropolitan area. Hoggarth bean date to circa 1900 (Daniels 1903, downstream-most large tributary of the (1992, p. 248) surveyed over 100 sites in p. 646). Historically, this species was Tennessee River draining south-central the entire system. He found one live known from numerous sites in six Tennessee and flowing 285 river miles individual at a site in Warren County counties in the Tippecanoe River. A (459 river km) west to its confluence and possibly a subfossil shell at another total of 12 fresh dead specimens from 5 near the head of Kentucky Reservoir. site, although there is contradictory data of 30 sites were found when sampled in The rayed bean was considered to be in his paper (Butler 2002, p. 17). The 1992. The rayed bean ‘‘is apparently on extirpated from the river until a latter site may have been the same as the decline’’ in the river (ESI 1993, p. reintroduction took place in September that reported for a pre-1863 record 87). The Tippecanoe rayed bean 2008. A total of 969 adults were (Hoggarth 1992, p. 265). The rayed bean population was thought to be recruiting collected from the Allegheny River at appears to be very rare in the Little by Fisher (2008, pers. comm.), but East Brady, Pennsylvania, in 2008 Miami, having been found extant at only appears tenuous and its long-term (Welte 2011, pers. comm.). Following 1 of 46 mainstem sites. Hoggarth (1992, viability is questionable. quarantine and retention of several p. 267) highlighted the ‘‘fragile nature’’ Lake Maxinkuckee—Lake individuals for propagation, a total of of the extant mussel community in the Maxinkuckee is a glacial lake in the 681 rayed bean were translocated to the system, while noting that localized headwaters of the Tippecanoe River in Duck River near Lillard Mill, Tennessee reaches of the Little Miami were north-central Indiana. The rayed bean (Urban 2010, pers. comm.; Moles and ‘‘severely impacted.’’ The species’ status has been known from the lake for more Layzer 2009, pp. 2–3; Welte 2011, pers. in the river is uncertain, but apparently than a century (Blatchley 1901). A 1997 comm.). Although the rayed bean was very tenuous and probably headed OSUM record included seven fresh dead extirpated from the Duck River about 25 toward extirpation (Butler 2002, p. 17). specimens collected at its outlet to the years ago, major improvements in water

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quality and physical habitat conditions Arkansas, Illinois, Indiana, Iowa, Branch French Creek, Le Boeuf Creek, have occurred in the past 15 years. In Kansas, Kentucky, Michigan, Woodcock Creek, Muddy Creek, response to these improvements, Minnesota, Mississippi, Missouri, New Conneaut Outlet, Little Mahoning Creek, recruitment of nearly all extant mussel York, Ohio, Pennsylvania, Tennessee, Shenango River, and Little Shenango species has been documented and Virginia, West Virginia, and Wisconsin; River), Tennessee (Clinch River, Powell suggests that reintroduction of the rayed and Ontario, Canada. The major River, Elk River, and Duck River), bean might be successful (Anderson watersheds of historical streams and Virginia (Clinch River and Powell 2008, pers. comm.). The status of the lakes of occurrence include the upper River), West Virginia (Ohio River, reintroduced population was assessed Great Lakes sub-basin (Lake Michigan Middle Island Creek, McElroy Creek, in 2009. Rayed bean survival rates from drainage), lower Great Lakes sub-basin Little Kanawha River, Hughes River, three plots and downstream dispersal (Lakes Huron, Erie, and Ontario North Fork Hughes River, and Elk areas ranged from 38 to 62 percent drainages), upper Mississippi River sub- River), and Wisconsin (St. Croix River, (Moles and Layzer 2009, pp. 4–7). basin, lower Missouri River system, Wolf River, Embarrass River, Little Wolf Ohio River system, Cumberland River Summary of Rayed Bean Population River, and Willow Creek); and Ontario, system, Tennessee River system, lower Estimates and Status Canada (Ausable River and Sydenham Mississippi River sub-basin, and White River). It is probable that the species The information presented in this River system. persists in some of the 132 streams or final rule indicates that the rayed bean Snuffbox Current Distribution lakes where it is now considered has experienced a significant reduction extirpated (Butler 2007, p. 16); however, in range and most of its populations are Extant populations of the snuffbox are if extant, these populations are likely to disjunct, isolated, and, with few known from 79 streams in 14 States and be small and not viable. exceptions, appear to be declining (West 1 Canadian province: Alabama et al. 2000, p. 251). The extirpation of (Tennessee River, Paint Rock River, and Snuffbox Population Estimates and this species from over 80 streams and Elk River), Arkansas (Buffalo River, Status other water bodies within its historical Spring River, and Strawberry River), range indicates that substantial Illinois (Kankakee River and Embarras Based on historical and current data, population losses have occurred. River), Indiana (Pigeon River, Salamonie the snuffbox has declined significantly Relatively few streams are thought to River, Tippecanoe River, Sugar Creek, rangewide and is now known only from harbor sizable viable populations Buck Creek, Muscatatuck River, and 79 streams (down from 210 historically), (Sydenham, Blanchard, and Allegheny Graham Creek), Kentucky (Tygarts representing a 62 percent decline in Rivers, and French and Swan Creeks). Creek, Kinniconick Creek, Licking occupied streams (Table 2). Because Small population size and restricted River, Slate Creek, Middle Fork multiple streams may comprise a single stream reaches of current occurrence are Kentucky River, Red Bird River, Red snuffbox population (French Creek a real threat to the rayed bean due to the River, Rolling Fork Salt River, Green system), the actual number of extant negative genetic aspects associated with River, and Buck Creek), Michigan populations is fewer than 79. Extant small, geographically isolated (Grand River, Flat River, Maple River, populations, with few exceptions, are populations. This can be especially true Pine River, Belle River, Clinton River, highly fragmented and restricted to for a species, like the rayed bean, that Huron River, Davis Creek, South Ore short reaches. Available records indicate was historically widespread and had Creek, and Portage River), Minnesota that 25 of 79, or 32 percent, of streams population connectivity among (Mississippi River, St. Croix River), considered to harbor extant populations mainstem rivers and multiple Missouri (Meramec River, Bourbeuse of the snuffbox are represented by only tributaries. The current distribution, River, St. Francis River, and Black one or two recent live or fresh dead abundance, and trend information River), Ohio (Grand River, Ohio River, individuals (Little Wolf, Maple, Pigeon, illustrates that the rayed bean is Muskingum River, Walhonding River, Kankakee, Meramec, Ohio, Muskingum, imperiled. Killbuck Creek, Olentangy River, Big Olentangy, Stillwater, Hughes, Green, Darby Creek, Little Darby Creek, Salt Powell, Duck, and Black Rivers; and Snuffbox Historical Distribution Creek, Scioto Brush Creek, South Fork Little Mahoning, Woodcock, McElroy, The snuffbox historically occurred in Scioto Brush Creek, Little Miami River, Big Darby, Little Darby, Salt, South Fork 210 streams and lakes in 18 States and and Stillwater River), Pennsylvania Scioto Brush, Slate, and Buck (Indiana), 1 Canadian province: Alabama, (Allegheny River, French Creek, West Graham, and Buck (Kentucky) Creeks.

TABLE 2—SNUFFBOX EXTANT STREAM POPULATION SUMMARY BY STREAM OF OCCURRENCE

Last Potential Population Population Status Stream (state) observed Recruiting viability size trend category

Wolf River (WI) ...... 2010 Yes ...... High ...... Large ...... Declining ..... Stronghold. Embarrass River (WI) ...... 2006 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Little Wolf River (WI) ...... 2004 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Willow Creek (WI) ...... 2001 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Grand River (MI) ...... 2002 Yes ...... High ...... Medium ...... Unknown ..... Significant. Flat River (MI) ...... 2010 Yes ...... High ...... Medium ...... Unknown ..... Significant. Maple River (MI) ...... 2001 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Pine River (MI) ...... 2002 Unknown ..... Low ...... Small ...... Stable ...... Marginal. Belle River (MI) ...... 2010 Yes ...... High ...... Small ...... Unknown ..... Significant. Clinton River (MI) ...... 2009 Yes ...... High ...... Large ...... Declining ..... Significant. Huron River (MI) ...... 2008 Unknown ..... Low ...... Medium ...... Unknown ..... Significant. Davis Creek (MI) ...... 2008 Yes ...... High ...... Medium ...... Unknown ..... Significant. South Ore Creek (MI) ...... 1999 Yes ...... High ...... Small ...... Unknown ..... Significant. Portage River (MI) ...... 1998 Yes ...... High ...... Medium ...... Unknown ..... Significant. Grand River (OH) ...... 2006 Yes ...... High ...... Medium ...... Unknown ..... Significant.

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TABLE 2—SNUFFBOX EXTANT STREAM POPULATION SUMMARY BY STREAM OF OCCURRENCE—Continued

Last Potential Population Population Status Stream (state) observed Recruiting viability size trend category

Upper Mississippi River (MN) ...... 2010 No ...... Unknown ..... Unknown ..... Unknown ..... Marginal. St. Croix River (MN and WI) ...... 2010 Yes ...... High ...... Large ...... Declining ..... Significant. Kankakee River (IL) ...... 1991 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Meramec River (MO) ...... 1997 Unknown ..... Unknown ..... Small ...... Declining ..... Marginal. Bourbeuse River (MO) ...... 2006 Yes ...... High ...... Large ...... Improving .... Stronghold. Ohio River (OH, WV) ...... 2001 Unknown ..... Low ...... Small ...... Unknown ..... Marginal. Muskingum River (OH) ...... 2005 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Walhonding River (OH) ...... 1991 Unknown ..... Unknown ..... Small ...... Declining ..... Significant. Killbuck Creek (OH) ...... 2010 Unknown ..... Unknown ..... Small ...... Declining ..... Marginal. Olentangy River (OH) ...... 1989 Unknown ..... Unknown ..... Small ...... Declining ..... Marginal. Big Darby Creek (OH) ...... 2008 Unknown ..... Unknown ..... Small ...... Declining ..... Marginal. Little Darby Creek (OH) ...... 1999 Unknown ..... Unknown ..... Small ...... Declining ..... Marginal. Salt Creek (OH) ...... 1987 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Scioto Brush Creek (OH) ...... 1987 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. South Fork Scioto Brush Creek (OH) ...... 1987 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Little Miami River (OH) ...... 1991 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Stillwater River (OH) ...... 1987 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Pigeon River (IN) ...... 1998 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Salamonie River (IN) ...... 2004 Yes ...... Low ...... Small ...... Unknown ..... Significant. Tippecanoe River (IN) ...... 2003 Unknown ..... Unknown ..... Small ...... Declining ..... Marginal. Embarras River (IL) ...... 2008 Yes ...... Low ...... Small ...... Declining ..... Significant. Sugar Creek (IN) ...... 1990 Unknown ..... Unknown ..... Small ...... Declining ..... Marginal. Buck Creek (IN) ...... 1990 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Muscatatuck River (IN) ...... 1988 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Graham Creek (IN) ...... 1990 Unknown ..... Unknown ..... Small ...... Declining ..... Marginal. St. Francis River (MO) ...... 2006 Yes ...... High ...... Medium ...... Stable ...... Significant. Black River (MO) ...... 2002 Yes ...... Low ...... Small ...... Unknown ..... Significant. Tygarts Creek (KY) ...... 1995 Unknown ..... Unknown ..... Small ...... Declining ..... Marginal. Kinniconick Creek (KY) ...... 2005 Unknown ..... Low ...... Small ...... Declining ..... Marginal. Licking River (KY) ...... 2006 Unknown ..... Low ...... Small ...... Unknown ..... Marginal. Slate Creek (KY) ...... 1992 Unknown ..... Unknown ..... Small ...... Declining ..... Marginal. Middle Fork Kentucky River (KY) ...... 1997 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Red Bird River (KY) ...... 1995 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Red River (KY) ...... ∼2002 Unknown ..... Unknown ..... Small ...... Unknown ..... Significant. Rolling Fork Salt River (KY) ...... ∼2005 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Green River (KY) ...... 1989 Unknown ..... Unknown ..... Small ...... Declining ..... Marginal. Buck Creek (KY) ...... 1987–90 Unknown ..... Unknown ..... Small ...... Declining ..... Marginal. Clinch River (TN and VA) ...... 2006 Yes ...... High ...... Large ...... Stable or De- Stronghold. clining. Powell River (TN and VA) ...... 2008 Unknown ..... Unknown ..... Small ...... Declining ..... Marginal. Tennessee River (AL) ...... 2006 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Paint Rock River (AL) ...... 2008 Yes ...... High ...... Large ...... Improving .... Stronghold. Elk River (TN and AL) ...... 2007 Yes ...... Low ...... Small ...... Stable ...... Significant. Duck River (TN) ...... 2001 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Buffalo River (AR) ...... 2006 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Spring River (AR) ...... 2005 Unknown ..... Low ...... Medium ...... Unknown ..... Significant. Strawberry River (AR) ...... 1997 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Allegheny River (PA) ...... 2001 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. French Creek (PA) ...... 2008 Yes ...... High ...... Large ...... Stable ...... Stronghold. West Branch French Creek (PA) ...... 2008 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Le Boeuf Creek (PA) ...... 2006 Yes ...... Low ...... Small ...... Unknown ..... Marginal. Woodcock Creek (PA) ...... 2007 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Muddy Creek (PA) ...... 2008 Yes ...... Low ...... Medium ...... Unknown ..... Significant. Conneaut Outlet (PA) ...... 1997 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Little Mahoning Creek (PA) ...... 1991 Unknown ..... Unknown ..... Small ...... Unknown ..... Marginal. Shenango River (PA) ...... 2010 Yes ...... Unknown ..... Small ...... Unknown ..... Significant. Little Shenango River (PA) ...... 2002 Unknown ..... Unknown ..... Small ...... Unknown ..... Significant. Middle Island Creek (WV) ...... 2009 Unknown ..... Unknown ..... Small ...... Declining ..... Marginal. McElroy Creek (WV) ...... 2010 Unknown ..... Unknown ..... Unknown ..... Unknown ..... Marginal. Little Kanawha River (WV) ...... 2010 Yes ...... Unknown ..... Unknown ..... Unknown ..... Significant. Hughes River (WV) ...... 2008 Unknown ..... Unknown ..... Unknown ..... Unknown ..... Marginal. North Fork Hughes River (WV) ...... 2001 Unknown ..... Low ...... Small ...... Declining ..... Significant. Elk River (WV) ...... 2010 Unknown ..... Low ...... Medium ...... Improving .... Significant. Ausable River (ON) ...... 2008 Yes ...... High ...... Large ...... Unknown ..... Stronghold. Sydenham River (ON) ...... 2010 Yes ...... High ...... Large ...... Unknown ..... Stronghold.

Butler (2007, pp. 70–71) categorized based on population size: general recruitment, and assessment of current the extant populations into three groups distribution, evidence of recent viability. Stronghold populations were

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described as having sizable populations; replacement project on the south side of Maple River—The Maple River is a generally distributed over a significant, Shawano, scheduled to begin in 2010, northeastern tributary of the Grand and more or less contiguous, length of may adversely impact the large snuffbox River draining south-central Michigan. stream (30 or more river mi (48 or more bed located just downstream (ESI 2006, A single snuffbox record (one live river km)), with ample evidence of p. 10). The zebra mussel occurs in this individual) is known from 2001 in recent recruitment; and currently river, with a 0.7 percent infestation rate southern Gratiot County, approximately considered viable. Significant on unionids sampled in 2006 (ESI 2006, 20 river mi (32 river km) upstream of populations were defined as small, p. 6). This large population continues to the Grand River (Badra 2008, pers. generally restricted populations with be viable but appears to be in decline comm.). Portions of the Maple River and limited recent recruitment and viability. (Butler 2008, pers. comm.). several tributaries have been Many significant populations are Embarrass River—A western tributary channelized, but the suitability of these susceptible to extirpation, but this of the lower Wolf River, the Embarrass channelized areas for the snuffbox is category has a broad range of quality. River parallels the western bank of the unknown (Badra 2010, pers. comm.). The third category, marginal Wolf River before joining it at New The current status of this small populations, are defined as those which London, Wisconsin. A population of the population is unknown. are very small and highly restricted, snuffbox is located in the headwaters Pigeon River—The Pigeon River is a with no evidence of recent recruitment, below a small dam at Pella, Wisconsin. headwater tributary of the St. Joseph of questionable viability, and that may Records exist for three live individuals River system of Lake Michigan, flowing be on the verge of extirpation in the and two dead specimens during 1987– westward across northern-most Indiana, immediate future. Following this 1988 and a single dead specimen in crossing the State border to its criteria, there are 7 stronghold 1995 (Butler 2007, p. 22). Its current confluence in southwestern Michigan. populations, 24 significant populations, status is unknown. One very large fresh dead specimen was and 48 marginal populations of Little Wolf River—The Little Wolf found in 1998, among thousands of snuffbox. River is a western tributary of the lower shells in LaGrange County, Indiana A population is considered extant if Wolf River in Waupaca County, (Butler 2007, p. 24). The same site was live individuals or fresh dead specimens Wisconsin. The snuffbox is known from sampled in 1996 without evidence of have been located since approximately a single live individual collected in this species, and relic shells were found 1985. A population is considered to be 1988 at RM 14, below the Mill Pond at three of nine sites sampled in 2004 recruiting if there was recent (within dam at Manawa (Butler 2007, p. 22). (Butler 2007, p. 24). The snuffbox’s approximately 10 years) evidence of Five dead specimens were found during occupied reach historically covered more than 10 river mi (16.1 river km) in subadults (generally, individuals less 1999 at RM 2, where shells were than or equal to 1.5 in (3.8 cm) long or north-central LaGrange County. The abundant in a muskrat midden (Butler less than or equal to 4 years). Table 2 species is very rare in this river, and its 2007, p. 22). Nothing else is known provides information on the 79 streams viability is unknown. regarding this population. thought to harbor extant populations. Willow Creek—Willow Creek flows Lower Great Lakes Sub-Basin Butler (2007, pp. 160–200) provides the eastward into Lake Poygan, a large flow- complete distributional history of the Of all the water bodies from which snuffbox, including streams where the through lake of the Wolf River system, the snuffbox was historically recorded, snuffbox is thought to be extirpated. in Waushara County, Wisconsin. The 32 are in the lower Great Lakes sub- snuffbox is known from a single basin, including several chains-of-lakes, Upper Great Lakes Sub-Basin observation of two live females in 2001 springs, and channels in some systems The snuffbox was formerly known (Butler 2007, p. 22). No other (Clinton, Huron Rivers). Historically, from 15 streams and lakes in the upper information is available on the status of sizable populations occurred in some Great Lakes sub-basin. The Fox River this population. streams (Lake Erie; Belle, Clinton, system in Wisconsin, particularly its Grand River—The Grand River, a Huron, Portage, and Niagara Rivers), but major tributary, the Wolf River (and its major Lake Michigan tributary, the species had become tributaries), had a widespread and represents the largest lotic (moving ‘‘characteristically uncommon’’ by the locally abundant population. The water) watershed in Michigan and is 1970s (Strayer 1980, p. 147). A pre- species is thought to be extant in eight located in the southwestern portion of zebra-mussel decline of unionids in sub-basin streams; however, all but the the State. The snuffbox is sporadically Lake Erie was noted (Mackie et al. 1980, Wolf and Grand Rivers have distributed in approximately 25 river mi p. 101), and the snuffbox appeared populations that are considered (40 river km) of the middle Grand River, extirpated there by the late 1960s. The marginal. approximately between the confluences Lake St. Clair population of snuffbox Wolf River—The Wolf River is the of the Flat and Maple Rivers. The persisted until around 1983 (Nalepa and major tributary of the Fox River draining medium-sized population appears to be Gauvin 1988, p. 414; Nalepa 1994, p. a large portion of northeastern viable, with recruitment noted in 1999 2231; Nalepa et al. 1996, p. 361), which Wisconsin and flowing southward to (Badra 2008, pers. comm.; Zanatta 2011, was the year the zebra mussel is thought join the Fox River at Lake Butte Des pers. comm.). to have invaded (Schloesser et al. 1998, Morts, near Oshkosh. Snuffbox records Flat River—The Flat River is a p. 70). Observations of live and fresh are known from Shawano, Waupaca, tributary to the Grand River. Zanatta dead snuffbox from the Detroit River and Outagamie Counties. The snuffbox (2011, pers. comm.) found 32 live were made until 1994, but the mussel is known from a 30-river-mi (48-river- snuffbox in the Flat River immediately fauna has since been devastated by km) reach of the Wolf River (Butler upstream of the confluence with the zebra mussels, and the snuffbox is now 2007, p. 21). It is one of the few Grand River in 2009. The snuffbox only considered to be extirpated (Schloesser stronghold populations, but appears to occurs in the lower Flat River for et al. 1998 p. 69; Butler 2007, p. 25). exhibit a low level of recruitment. Only approximately 0.5 river mi (0.75 river Other snuffbox populations in the sub- 4 of 257 individuals collected in the km) from the mouth upstream to the basin may also have suffered from zebra mid-1990s were less than 6 years old dam at State Route 21 (Zanatta 2011, mussel invasions, but not those in the (Butler 2007, p. 21). A bridge pers. comm.). Ausable and Sydenham Rivers in

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Ontario. The lack of impounded area on population in the Clinton River is lower 3 river mi (4.8 river km), these streams has likely prevented the limited to around 10 river mi (16.2 river comprising a single population with one introduction or the establishment of km) and lakeshore in the western of the extant Huron River population zebra mussels (Dextrase et al. 2000, p. suburbs of Pontiac, primarily between segments in this area. This viable 10; Ausable River Recovery Team 2005, Cass and Loon Lakes. This population population appears to be sizable and is p. 12). The snuffbox is considered appears to be recruiting (Sherman experiencing recent recruitment extant in 10 streams of the lower Great Mulcrone 2004, p. 64; Zanatta 2011, (Marangelo 2005a, pers. comm.; Zanatta Lakes sub-basin, including stronghold pers. comm.) and viable, although 2005, pers. comm.). populations in the Sydenham and apparently in decline since the early South Ore Creek—South Ore Creek is Ausable Rivers and sizable but reach- 1990s (Badra 2002, pers. comm.; Butler a northern tributary of the Huron River, limited populations in the Clinton River 2007, p. 27). forming a southward flowing chain-of- and Davis Creek. A single fresh dead Sydenham River—The Sydenham lakes draining southeastern Livingston valve was reported in 1998, from among River is a large, southeasterly flowing, County, Michigan. The snuffbox was 24 sites sampled in the Thames River, eastern tributary of Lake St. Clair in discovered in 1999, just upstream of Ore but no evidence of the snuffbox was extreme southwestern Ontario. The Lake, which is near the Huron River found at 16 Thames sites in 2004 snuffbox was reported in the mid-1960s confluence (Butler 2007, p. 31). Three (McGoldrick 2005, pers. comm.). and early 1970s, but was overlooked subadult snuffbox (two age 2, one age Currently, the species is considered during surveys in 1985 (except dead 3–4) were recorded. Despite the lack of extant in Canada only in the Ausable shells) and 1991 (Butler 2007, p. 28). additional information, the small and Sydenham Rivers (Morris and During the 1997–1999 sampling, a total population appears to be viable, based Burridge 2006, p. 9). Both of these of 10 live and fresh dead individuals on recent recruitment. populations are viable. were found from 4 of 12 sites, including Portage River—The Portage River is a Ausable River—The Ausable River is the 3 1960s sites (Metcalfe-Smith et al. chain-of-lakes in the northwestern a southeastern tributary of Lake Huron, 2003, p. 41). The snuffbox was recorded portion of the Huron River system. Two draining southwestern Ontario, Canada. at a rate of 0.22 per hour of effort during University of Michigan Museum of A survey conducted in 2008 found that 1997–1998 (Metcalfe-Smith et al. 2000, Zoology (UMMZ) records suggest a sizable population of snuffbox occurs p. 728). More recent sampling found 57 historical abundance (Badra 2002, pers. in the lower portion of the stream in live and fresh dead individuals from 21 comm.). The species was reported as over 36 river mi (59 river km) (Zanatta collection events (some individuals may ‘‘rare’’ in the lower river during 1976– 2011, pers. comm.). The size range of have been counted multiple times) at six 78 (Strayer 1979, p. 94). At least 22 live, individuals found in the 2008 survey sites during 2000–2002. The increase in young (age 4 and younger) individuals indicates recent recruitment in the numbers relative to historical were identified in 1998, at one of three viable population (Zanatta 2011, pers. collections may be attributed to more sites upstream of Little Portage Lake and comm.). intensive sampling methods rather than Portage Lake (Butler 2007, p. 31). The Pine River—A tributary of the St. Clair to improving population size (Metcalfe- localized population appears to be River, the Pine River flows south and is Smith et al. 2003, p. 46), thus making medium-sized and viable. located in St. Clair County, in population trend assessments difficult Grand River—The Grand River is a southeastern Michigan. Although (Morris and Burridge 2006, p. 12). This 99-river-mi (159-river-km) tributary of apparently stable, the snuffbox stronghold population is recruiting Lake Erie, flowing north, then west to its population is small, very restricted in (Butler 2007, p. 28), viable, and is confluence northeast of Cleveland, range, and has a low potential for currently known from approximately 30 Ohio. Several museum snuffbox records viability (Badra 2002, pers. comm.; river miles (48 km) of the middle date back to the 1800s. Dozens of fresh Badra and Goforth 2003, p. 23). Sydenham. dead snuffbox were found washed up Belle River—The Belle River is Huron River—The Huron River is a on the banks in the vicinity of the another tributary of the St. Clair River major tributary of western Lake Erie Interstate 90 crossing in Lake County, in St. Clair County, flowing in a draining a significant portion of Ohio, following a major flood in 2006 southeasterly direction. Records for the southeastern Michigan. It is a complex (Butler 2007, p. 32). The species is snuffbox date to the early 1960s, but all system of flow-through chains-of-lakes known from approximately 12 river mi live and fresh dead records over the past and tributaries. The snuffbox is (19.3 river km) downstream of 40 years have been from the same lower considered extant in two disjunct upper Harpersfield Dam (Huehner et al. 2005, mainstem site. Historically, a sizable mainstem reaches. Individuals in the p. 59; Zimmerman 2008a, pers. comm.). population was found in the Belle (65 middle Huron River reach and in Davis The sizable population was considered specimens, 1965). In 2010, Zanatta Creek are considered a single recruiting, based on the 1995 Huehner (2010, pers. comm.) found four live population segment (Marangelo 2005a, et al. (2005, p. 59) survey. individuals at one site and one fresh pers. comm.). dead at another site. The Belle is located Zebra mussels invaded the Huron Upper Mississippi River Sub-Basin in a primarily agricultural watershed River system in the early 1990s. Zebra The snuffbox was historically known (Hoeh and Trdan 1985, p. 115), and is mussel densities on individual mussels from 17 streams in the upper impacted by sedimentation and runoff. increased from less than 1 in spring Mississippi River sub-basin. Records The population has declined to the 1995 to 245 in winter 1998 (Nichols et exist for Mississippi River Pools (MRPs) point of being small, but shows al. 2000, p. 72). Despite the increasing 3–4, 5a–6, and 14–16 (Kelner 2003, p. evidence of recruitment and viability presence of zebra mussels, the Huron 6), with early surveys summarized by (Badra 2002, pers. comm.; Badra and population is probably recruiting and van der Schalie and van der Schalie Goforth 2003, p. 24; Sherman 2005, viable (Butler 2007, p. 29). (1950, p. 456). The snuffbox was pers. comm.). Davis Creek—Davis Creek is a chain- considered to be extirpated from the Clinton River—The Clinton River is of-lakes in the upper Huron River mainstem of the Mississippi River until an eastward flowing chain-of-lakes system, primarily in southeastern 2010, when it was reintroduced (Havlik tributary of Lake St. Clair in Livingston County, Michigan. The and Sauer 2000, p. 4; Davis and Pletta southeastern Michigan. The snuffbox snuffbox appears to be limited to the 2010, p. 2). Only 5 of 17 historical

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populations remain, but they include in Illinois (Will County in 1988, system once represented the largest two of the largest rangewide (St. Croix Kankakee County in 1991) were block of available habitat for this species and Bourbeuse Rivers). Three subsequently found. Only relic shells prior to the initiation of the navigational populations, including the St. Croix, have been found since 1991. The improvements in 1830 (Butler 2007, appear to be declining. Kankakee River population, if extant, p. 36). Nearly the entire Ohio River Upper Mississippi River—The Upper appears small, localized, and of mainstem is now impounded with a Mississippi River is the portion of the doubtful viability. series of locks and dams (Butler 2007, Mississippi River upstream of Cairo, Meramec River—The Meramec River p. 37). Sizable populations historically Illinois. From the headwaters at Lake is a 236-mi (380-km) tributary that flows occurred in at least a dozen streams in Itasca, Minnesota, the river flows northeasterly into the Mississippi River the system. Today, only French Creek is approximately 1,250 miles (2,000 km) to downstream of St. Louis and drains the considered to have a stronghold Cairo, where it is joined by the Ohio northeastern slope of the Ozark Plateaus population, although nine others are River to form the Lower Mississippi in east-central Missouri. Early species also significant. Currently, the species is River. The snuffbox was reported live in lists failed to report the snuffbox (Grier known from 45 of the 107 streams of the upper river in the 1920s (Grier 1922, 1916, p. 518; Utterback 1917, p. 28). historical occurrence. p. 15; Grier 1926, p. 119), but not from Buchanan (1980, p. 63) found fresh dead Ohio River—The Ohio River is the subsequent surveys (254 sites upstream specimens at three sites and relic shells largest eastern tributary of the of the Ohio River during 1930–1931 at two other sites sampled in 1977–78. Mississippi, with its confluence (UMMZ, Ellis 1931, pp. 1–10), MRPs Roberts and Bruenderman (2000, p. 85) marking the divide between the upper 5–7 and 9 in 1965 (Finke 1966, Table 2; sampled 42 sites in 1997, including 26 and lower portions of the latter system. Thiel 1981, p. 16), MRPs 3–11 during of Buchanan’s (1980, p. 5) sites, and Numerous historical records are known 1977–79 (Thiel 1981, p. 16)). A found fresh dead specimens at RM 33.5, from throughout the River. Recently, reintroduction effort into the 48.8, and 59.8; and one live individual single fresh dead and live specimens Mississippi River was initiated in 2010, at RM 39.8. The live individual (2.4 in have been reported from just below when 200 logperch inoculated with (6.1 cm), approximately 6 years old) was Belleville Lock and Dam, Ohio and West snuffbox glochidia were placed into reported from a reach where a die-off, Virginia, in 1995 and 2001, respectively cages in Upper Pool 2 (Davis and Pletta perhaps attributable to disease, was (ESI 2002, p. 27). Having persisted in 2010, p. 2: Delphey 2011, pers. comm.). reported in 1978 (Buchanan 1986, this highly modified river may indicate It is not yet known if this reintroduction p. 44). There was an obvious decline of that the small population exhibits at effort was successful. mussels in the system based on catch- least a low level of viability. St. Croix River—The St. Croix River is per-unit-effort data over the 20-year Allegheny River—The 325-mi a major south-flowing tributary of the period (Roberts and Bruenderman 2000, (523-km) Allegheny River drains upper Mississippi River and forms the p. 8). The Meramec snuffbox population northwestern Pennsylvania and a small border between southeastern Minnesota is rare, sporadically distributed over portion of adjacent New York flowing and northwestern Wisconsin. Densities approximately 26 river mi (41.8 river south before joining the Monongahela of juvenile snuffbox declined at eight km), and of unknown viability. River at Pittsburgh to form the Ohio sites between 1992 and 2002 (Hornbach Bourbeuse River—The Bourbeuse River. Snuffbox collections are et al. 2003, p. 344). Snuffbox density at River is a 149-mi (240-km), sporadically known since around 1900 Interstate Park declined significantly northeasterly flowing, northern tributary in Pennsylvania from Forest County between 1988 and 2004 (WIDNR 2004). of the Meramec River, joining it at RM downstream to Armstrong County. The A flood in 2001 may have contributed 68. The snuffbox is currently distributed snuffbox is currently known from three to these declines in mussel density, but over about 60 river mi (96.6 river km) disjunct sites over a 42-river-mi post-flood recruitment was also upstream of RM 16, plus a disjunct site (67.6-river-km) reach centered in surprisingly low (WIDNR 2004). The St. at the mouth of the river. Although it Venango County (Butler 2007, p. 37). Its Croix snuffbox population occurs from was considered to have ‘‘greatly occurrence in the lower Allegheny River the Northern States Power Dam, at RM declined’’ by the late 1990s (Roberts and and lower French Creek could be 54.2 to RM 36.8 (Heath 2005, pers. Bruenderman 2000, p. 15), post-2000 considered a single population segment. comm.); represents the species’ sampling indicates that the population The viability status of the small northernmost occurrence; and despite is recruiting, viable, and improving population is unknown. recent observed declines, remains one of (McMurray 2006, pers. comm.). The French Creek—French Creek is a the most significant populations Bourbeuse, one of the few stronghold major tributary of the middle Allegheny rangewide. snuffbox populations rangewide, has River with its headwaters in western Kankakee River—The Kankakee River been augmented with laboratory New York and flowing south into is a major, westward-flowing, upper propagated juveniles since 2002 northwestern Pennsylvania. The Illinois River tributary with its (McMurray 2006, pers. comm.). snuffbox is known from the length of headwaters in northwest Indiana and the stream in Pennsylvania in Erie, northeast Illinois. The snuffbox was Lower Missouri River System Crawford, Mercer, and Venango reported over a century ago (Baker 1906, The snuffbox was historically known Counties. Most records date since p. 63), but surveys in 1911 (43 sites; from four streams in this system. The approximately 1970 (Dennis 1971, Wilson and Clark 1913, pp. 41–50), highly disjunct occurrences suggest that p. 97). Snuffbox collections made 1978 (13 sites; Suloway 1981, p. 236), it was more widespread historically. All during 2002–2004 were summarized by 1975–2000 (18 samples from an populations in the system are Smith (2005, p. 3–9). Live and fresh unknown number of sites in Will considered extirpated (Butler 2007, dead specimens were found at 19 sites County, Illinois; Sietman et al. 2001, p. 36). throughout the stream. The size of the p. 279), and 1999 (4 sites, Stinson et al. L individuals indicated that multiple 2000, Appendix C) failed to find it. It Ohio River System year classes were represented, including was considered extirpated from the Half of the water body occurrences for subadults. The species stretches for Kankakee by Cummings et al. (1988, the snuffbox rangewide are known from approximately 80 river mi (128.7 river p. 16), but single fresh dead specimens the Ohio River system. The Ohio River km) from around RM 10, upstream. The

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population encompasses several of its collected from a site near the mouth of reported to be relatively abundant and tributary population segments as well, the river. This occurrence is considered reproducing in the lower portion in making it relatively more secure when to be part of the more extensive French 2002 (Zimmerman 2008b, pers. comm.). compared to most of the other Creek snuffbox population. Zimmerman Viability of the small population is stronghold populations that are linearly (2008c, pers. comm.) documented one unknown. distributed and, thus, more susceptible live female in 2008. The population is Middle Island Creek—Middle Island to stochastic events (Sydenham, medium-sized, occurs along 8 river mi Creek is a small tributary of the Ohio Bourbeuse, and Clinch Rivers). The (12.9 river km) of the lower mainstem, River in northwestern West Virginia. French Creek snuffbox population is and is recruiting, as recent juveniles The first snuffbox records were made at considered large and viable (Evans were recorded (Morrison 2005, pers. six sites in 1969, when the species was 2003a, pers. comm.; Zimmerman 2008c, comm.; Mohler et al. 2006, p. 576). locally common in Doddridge, Tyler, pers. comm.), appears stable, and may Conneaut Outlet—This stream forms and Pleasants Counties (Taylor and represent the best stronghold population the outlet to Conneaut Lake, flowing in Spurlock 1981, p. 157). The snuffbox rangewide. a southeasterly direction until its was later found at two sites in Tyler West Branch French Creek—West confluence with middle French Creek, County in 1980, and the overall mussel Branch of French Creek follows a Crawford County. The snuffbox was first population was considered to be southerly course to its parent stream in reported by Ortmann (1909a, p. 188), ‘‘thriving’’ (Taylor and Spurlock 1981, Erie County, Pennsylvania. The only and was rediscovered live in 1997, but p. 157). The most recent records are for record for the snuffbox dates from 1993, without collection details (Butler 2007, three live individuals in 2009 at two but the number of specimens and shell p. 40). No specimens were found at a sites and four live individuals in 2010 condition are unknown (Evans 2003b, site sampled in 2006 (Smith 2006, pers. at three sites (Clayton 2011, pers. pers. comm.). Union City Lake isolates comm.). The snuffbox is considered rare comm.). This snuffbox population has the upper French Creek and West in this stream and its viability is declined, is currently rare, and has Branch French Creek population unknown. questionable viability (Zimmerman segment from the main French Creek Little Mahoning Creek—Little 2008b, pers. comm.). population. The snuffbox was not found Mahoning Creek is a tributary of McElroy Creek—McElroy Creek is a at three sites sampled in 2006 (Smith Mahoning Creek, a lower eastern tributary to Middle Island Creek in West 2006, pers. comm.). Zimmerman (2008c, tributary of the Allegheny River Virginia. There are no historical records pers. comm.) documented 38 live northeast of Pittsburgh. The snuffbox for the snuffbox in McElroy Creek. individuals at a site near Wattsburg, was discovered in 1991, when sampling Clayton (2011, pers. comm.) reported Pennsylvania. This population appears produced two FD and one R specimen finding one live individual in 2010 in to be small and of unknown viability. at 1 of 12 sites in the system (Butler Tyler County. The status of this Le Boeuf Creek—Le Boeuf Creek is a 2007, p. 41). The lower 10 miles (16 km) snuffbox population is unknown. small western tributary of upper French of Little Mahoning Creek are subject to Muskingum River—The Muskingum Creek flowing in a southerly direction periodic inundation by a reservoir on River is a large, southerly flowing, just west of West Branch French Creek Mahoning Creek (Butler 2010, pers. northern tributary of the upper Ohio in Erie County. The first snuffbox comm.). However, the impact of this River draining a significant portion of collections in this creek were made 100 periodic flooding on the snuffbox is not east-central Ohio. The snuffbox, which years ago (Ortmann 1909a, p. 188). Two known. A 2007 survey failed to find any has a long collection history dating to fresh dead and 6 relic shells were live or fresh dead snuffbox (Chapman the early 1800s, occurred along the reported in 1988 (Evans 2003b, pers. and Smith 2008, p. 166). Viability is entire mainstem and was locally comm.), and 1 live, 16 fresh dead, and unknown. abundant. Two live individuals and two 8 relic specimens were found in 1991 Shenango River—The Shenango is a fresh dead shells were found in 1979, (Butler 2007, p. 40). Three live large tributary in the Beaver River but no live or fresh dead snuffbox were individuals were found at a site in 2006 system, a northern tributary of the upper found in surveys conducted in 1979–81 (Smith 2006, pers. comm.; Smith et al. Ohio River in west-central (Stansbery and King 1983) and in 1992– 2009, p. 69). The snuffbox population Pennsylvania. The snuffbox was 93 (Watters and Dunn 1993–94, p. 241). has recently recruited and exhibits some reported from four sites on the A single live male was located during level of viability, but appears to be very Shenango in 1908 (Ortmann 1919, sampling for a construction project in limited in extent. p. 328). Six live individuals were 2005 near Dresden, Ohio (Jones et al. Woodcock Creek—Woodcock Creek is collected from three sites sampled in 2005, p. 30). Viability of this population an eastern tributary of upper French 2001–2002 between Jamestown and is unknown. Creek in Crawford County, New Hamburg (about 25 river mi (40.2 Walhonding River—The Walhonding Pennsylvania. Until recently, the river km)). Nelson and Villella (2010, p. River is a short (23.3 river mi (37.5 river snuffbox was thought to be extirpated 17) found 45 L individuals in 2010. The km)), east flowing tributary of the from this stream. In 2007, one live male upper reach is considered the best Muskingum River in central Ohio, was found at one of three sites sampled habitat in the Shenango River. The forming the latter river at its confluence (Smith et al. 2009, pp. 84–85). Viability population is small and has declined, with the Tuscarawas River, and formed is unknown. although some recent reproduction is by the confluence of the Mohican and Muddy Creek—Muddy Creek is an evident (Zimmerman 2008b, pers. Kokosing Rivers. The snuffbox eastern tributary of upper French Creek comm.; Nelson and Villella 2010, p. 17). historically occurred throughout the in Crawford County, Pennsylvania. The Little Shenango River—The Little river. The extant snuffbox reach (RM snuffbox was not discovered until the Shenango River is a small tributary of 1.8–6.8) is downstream from Killbuck summer of 2003. Forty-two L the upper Shenango River, Mercer Creek. The population had apparently individuals were reported from 11 of 20 County, Pennsylvania. This population declined in range and size by the early lower river sites (Morrison 2005, pers. was not located during limited surveys 1990s, and possibly further since. A comm.; Mohler et al. 2006, pp. 581– (Dennis 1971, p. 97; Bursey 1987, p. 42), once productive site about 0.25 mi (0.40 582). Low numbers were found at most but a single fresh dead museum record km) downstream of the Killbuck Creek sites, but 18 live individuals were from 1991 exists. The species was confluence yielded only a few mussels

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of very common species in 2006, but no over a 1.5-mi (2.4-km) reach in North Development associated with the snuffbox (Butler 2007, p. 44). The Fork State Park, Richie County, in 1993 Columbus metropolitan area has taken a Walhonding River population is (Butler 2007, p. 46). At least 10 live major toll on the aquatic fauna. considered small and of unknown individuals were found at a site in the Pollutants from the 1800s included viability. park in 1997 (Butler 2007, p. 46), and wastes from sawmills, breweries, and Killbuck Creek—Killbuck Creek is a a single fresh dead specimen was slaughterhouses (Butler 2007, p. 48). large tributary of the lower Walhonding collected at an additional site Only a few fish species were found in River, flowing south from southern downstream in 2001 (Butler 2007, p. the Scioto River 100 years ago Medina County to Coshocton County 46). This small snuffbox population is (Trautman 1981, p. 33). Currently, 90 to and entering the latter at approximately declining and currently restricted to less 95 percent of the normal summer-fall RM 7. Live and fresh dead snuffbox than 4 river mi (6.4 river km), but may flow in the river consists of wastewater were found by Hoggarth (1997, p. 33) at be viable. treatment plant discharges (Yoder et al. eight sites from RM 15 to the mouth. Its Elk River—The Elk River is a major, 2005, p. 410). Museum records indicate occurrence has become more sporadic 181-mi (291-km) tributary in the lower that the snuffbox had completely in the last 10 years. In spring 2006, 4 Kanawha River system draining central disappeared from the mainstem by the live adults were found at 2 sites West Virginia flowing west to the 1970s. A series of reservoirs around approximately 3 river mi (4.8 river km) Kanawha at Charleston. The snuffbox Columbus fragmented habitat and apart, while 9 large live individuals and went undetected in a 1920s survey eliminated or reduced populations a single fresh dead specimen were (Butler 2007, p. 46). Ten live (Olentangy and Scioto Rivers; Alum, Big collected near RM 13 during fall 2006 individuals were collected during 1991– Walnut and Deer Creeks). Currently, (Ahlstedt 2007, pers. comm.; Butler 1995, the smallest being about 5 years remnant populations remain in six 2007, p. 45). Two large live males were old (Butler 2007, pp. 46–47). streams, making the snuffbox collected in 2010 (Ahlstedt 2010, pers. Collectively, 16 live individuals were precariously close to extirpation comm.). A shrinking distribution, identified at 8 sites in a 13-river-mi throughout this once rich system. declining population size, and lack of (20.9-river-km) reach in Kanawha Olentangy River—The Olentangy evidence of recent recruitment suggest County in 2002, and 4 live individuals River is a major headwater tributary of that the population may be losing were found at 4 sites in 2004 over a the Scioto River, draining central Ohio viability and trending towards 16.8-river-mi (27-river-km) reach farther and flowing south to its confluence in extirpation. upstream (Douglas 2005, pers. comm.). Franklin County. OSUM snuffbox Little Kanawha River—The Little This medium-sized population extends records date to the 1870s, although most Kanawha River is a 169-mi (269-km) over 30 river mi (48.3 river km), is are from the 1950s and 1960s. The long tributary of the Ohio River in viable, and may have improved since snuffbox was reported from 15 of 31 western West Virginia. Schmitt et al. the 1970s. mainstem sites collected during a 1960– (1983, p. 137) reported snuffbox from Tygarts Creek—Tygarts Creek is a 1961 survey, when it appeared ‘‘fairly three sites during a 1981–82 survey. small, north-flowing, southern tributary common’’ in the lower river (Stein 1963, Snuffbox were not documented again in of the Ohio River in northeastern p. 138). A single live individual in the Little Kanawha River until 2010, Kentucky. Thirteen snuffbox were southern Delaware County and two when four live individuals, including at reported from one of five sites sampled fresh dead specimens in eastern Marion least one young mussel, were found at in 1977 (Taylor 1980, p. 90). Fresh dead County were found among 30 sites in a site in Gilmer County, West Virginia specimens are also known from 1981 1989, with relic shells at 7 other sites (Clayton 2011, pers. comm.). and 1987 (Cicerello 2003, pers. comm.). (Hoggarth 1990, pp. 20–27). The small Additionally, two fresh dead specimens Nine live (Butler 2007, p. 47) and 36 population has declined (Hoggarth were found in 2010, below Wells Dam fresh dead specimens were found at 2 1990, p. 14), and its viability is near Elizabeth, Wirt County, West sites, respectively, in 1988, while 1 live unknown. Virginia (Clayton 2011, pers. comm.). and 2 fresh dead were reported from at Big Darby Creek—Big Darby Creek is The current status of this snuffbox least 2 sites in 1995 (Cicerello 2003, one of the major tributaries draining the population is unknown. pers. comm.). The overall mussel northwestern portion of the Scioto River Hughes River—The Hughes River is population appeared ‘‘healthy’’ in 1977 system in central Ohio. Dozens of large an 18-mile (29-km) long tributary of the (Taylor 1980), but the small snuffbox OSUM lots of snuffbox date to the late Little Kanawha River in western West population has recently declined, and 1950s; six Pickaway County collections Virginia. Schmitt et al. (1983, p. 137) its viability is unknown. in 1962 alone had 250 live and fresh reported snuffbox during a 1981–82 Scioto River System—The Scioto dead specimens. Watters (1990, p. 4; survey. No additional snuffbox were River system in central and south- 1994, p. 100) surveyed 42 mainstem found in the Hughes River until 2008, central Ohio is a major northern sites in 1986 and 49 sites in 1990. when one fresh dead specimen was tributary of the upper Ohio River. The Combining the data from both years, 80 found in Wirt County (Clayton 2011, system was one of the most routinely live and fresh dead snuffbox were pers. comm.). The current status of this sampled watersheds for mussels (mostly collected at 22 sites (Watters 1994, p. snuffbox population is unknown. OSUM records), and historically 101). The population in 1990 occurred North Fork Hughes River—The North harbored a large and thoroughly in a reach from approximately RM 11.5 Fork Hughes River is a westerly flowing dispersed snuffbox population in the to RM 42.5. The snuffbox was recruiting tributary of the Hughes River in the mainstem and 16 tributaries. The system (Watters 1994, p. 101); four individuals lower Little Kanawha River system in was either exceptional for its snuffbox during both 1986 and 1990 were 2 to 5 northwestern West Virginia. The population, or it provided a general years of age. The overall population snuffbox was found at one of six North historical perspective of what trend over the past 40 years has been Fork sites sampled during a 1981–1982 researchers may have found if other downward. Between 1986 and 1990, the survey of the Little Kanawha River systems had been as thoroughly number of live and fresh dead system (Schmidt et al. 1983). A total of sampled. Sizable populations were specimens was reduced from 54 to 16, 41 live adult individuals (23 reported as noted in at least the Olentangy River, and the population’s distribution gravid) were reported at 5 sites located Big Darby Creek, and Big Walnut Creek. declined from 17 to 8 sites. Two fresh

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dead specimens were found at sites in from 4 of 15 sites sampled in 1982, with 2007, p. 53), when it was considered Franklin (1996) and Pickaway (2000) relic shells from an additional 2 sites ‘‘occasional’’ in distribution Counties, and three other sites produced (Warren et al. 1984, pp. 48–49). Single (Laudermilk 1993, p. 45). Twelve live only relic specimens (OSUM records). fresh dead and live snuffbox were individuals were found in 1992 This historically large snuffbox collected in 2001 and 2004, (Cicerello 2003, pers. comm.). population has declined to marginal respectively, from sampling efforts at Subsequent sampling has produced no status, and its viability is questionable. several sites (Butler 2007, p. 51), and a additional snuffbox; two sites and four Little Darby Creek—Little Darby Creek single fresh dead specimen was found sites yielded only relic specimens in is the major tributary in the Big Darby while resurveying four sites in 2005 2001 and 2002, respectively (Cicerello Creek system, flowing in a southeasterly (Butler 2007, p. 51). The snuffbox 2005, pers. comm.). If extant, the direction to its confluence in declined in the past few decades, it is population is marginal at best, with southwestern Franklin County, Ohio. considered rare, and its viability is unlikely viability. The 25 OSUM lots for this species are uncertain. Stillwater River—The Stillwater River small (fewer than 5 specimens per lot), Little Miami River—The Little Miami is a 67-mi (108-km), western tributary of date to the early 1960s, and represent River is a northern tributary of the Ohio the Great Miami River draining lower mainstem sites in Madison River in southwestern Ohio, flowing southwestern Ohio. The species was County. Single fresh dead and relic south into the latter at the eastern fringe collectively known from eight sites specimens were collected in 1999, from of the Cincinnati metropolitan area. throughout the river (Watters 1988a, pp. a Union County site (OSUM 66740), Snuffbox records from the Little Miami 59–71; OSUM records). One fresh dead where live individuals were collected in date to the mid-1800s, but most specimen below Englewood Dam in 1964 (Stein 1966, p. 23). This site collections are from the past several Montgomery County was found among yielded only relic specimens in 1990 decades. Seven fresh dead specimens 18 sites surveyed in 1987, with relic (Watters 1990, Appendix A.11; 1994, p. were found at 4 of 46 mainstem sites shells from 5 other sites (Watters 1988a, 102). Overall, the snuffbox was surveyed during 1990–1991, with 10 pp. 59–71). No other information on the historically known from 35 river mi (56 relic shells at 6 other sites (Hoggarth small population is available, and its river km). The well-documented OSUM 1992, p. 265). The fresh dead specimens viability is unknown. collection history illustrates the steady were found in approximately 20 river Middle Fork Kentucky River—The decline of a snuffbox population nearing mi (32.2 river km), mostly in Warren Middle Fork is one of three headwater extirpation. County. Current viability of this small tributaries (with the North and South Salt Creek—Salt Creek is an eastern population is unknown. Forks) forming the Kentucky River, tributary in the Scioto River system, Licking River—The Licking River is a flowing in a northerly then westerly south-central Ohio. All records (OSUM) southern tributary of the Ohio River in direction and draining a portion of were collected in the lower mainstem northeastern Kentucky, flowing in a southeastern Kentucky. The snuffbox (Ross County) beginning in 1958. A northwesterly direction to its was first reported in 1966. Three live single live individual from 1987 confluence across from Cincinnati. The individuals and a relic shell were found represents the last known record. The snuffbox occurred at 13 of 60 historical at three sites in 1996, and a single live mussels in this system ‘‘have been mainstem sites below Cave Run individual was collected from another heavily impacted, apparently by the Reservoir (Laudermilk 1993, p. 45) and site in 1997 (Cicerello 2003, pers. towns of Adelphi and Laurelville’’ a preimpoundment site in the reservoir comm.). All sites occur within a 10- (Watters 1992, p. 78). The current status footprint (Clinger 1974, p. 52). The river-mi (16-river-km) reach above of this snuffbox population is unknown. population extended approximately 50 Buckhorn Reservoir in Leslie County. Scioto Brush Creek—Scioto Brush river mi (80.5 river km). All collections This small population has unknown Creek is a small, western tributary of the of snuffbox are small in number (Butler viability. lower Scioto River in Scioto County, 2007, p. 52). A single live individual Red Bird River—The Red Bird River is south-central Ohio. The snuffbox was and a fresh dead specimen were found a north-flowing headwater tributary of discovered here in the 1960s (Watters at 2 sites, and relic shells were reported the South Fork Kentucky River in Clay 1988a, p. 45). Three live and fresh dead from 7 other sites among 49 sites County, southeastern Kentucky, forming specimens from 2 sites and relic shells sampled in 1991 (Laudermilk 1993, p. the latter at its confluence with Goose from 2 other sites were collected during 45). Single live and fresh dead snuffbox Creek. Ten fresh dead specimens were a 1987 survey covering 11 sites (Watters were collected in 1999 (Cicerello 2003, recorded from two sites in 1988, and 1988a, pp. 210–220). The snuffbox pers. comm.), and a single live three live and one fresh dead snuffbox population, collectively known from individual was found in 2006 (Butler were collected from four sites in 1995 five fragmented sites along the lower 2007, p. 53). At this location, the (Cicerello 2003, pers. comm.). This two-thirds of stream, is small, and its snuffbox has become very rare and small population occurs sporadically in viability is unknown. sporadic in occurrence, and its viability the lower 20 river mi (32 river km), and South Fork Scioto Brush Creek— is questionable. viability is unknown (Cicerello 2003, South Fork Scioto Brush Creek is a Slate Creek—Slate Creek is a southern pers. comm.; 2006, pers. comm.). small tributary of Scioto Brush Creek, in tributary of the Licking River below Red River—The Red (or North Fork the lower Scioto River system. A single Cave Run Dam in east-central Kentucky. Red) River is a westerly flowing snuffbox was found during a survey of Historically, the snuffbox was tributary of the upper Kentucky River in five sites in 1987 (Watters 1988a, pp. considered ‘‘extremely abundant eastern Kentucky. No live snuffbox were 210–220). The South Fork and Scioto throughout the stream’’ (Taylor and found in surveys of the 9-river-mi (15- Brush Creek populations can be Spurlock 1983) and collectively known river-km) reach of the Wild River considered a single population unit; the from six sites (Laudermilk 1993, p. 45). section during surveys of 1980, 1986, viability of this unit is uncertain. Seventeen dead specimens were and 1991 (Houp 1980, p. 56; 1993, p. Kinniconick Creek—Kinniconick recorded from a site in 1987 (Cicerello 96), but two fresh dead and one live Creek is a small, southern tributary of 2003, pers. comm.). A single fresh dead snuffbox were found at three sites in the Ohio River in northeastern and seven relic specimens were found at 1988, while five live individuals were Kentucky. Snuffbox were reported live three sites sampled in 1991 (Butler found in 1996 (Cicerello 2006, pers.

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comm.). Mostly males have been found Wabash River system—The Wabash species that showed relatively stable since 2002, and they are being held in River is the second largest sub-basin population size over the 30-year period captivity for future culture efforts within the Ohio River system, the (Cummings et al. 1988, p. 9). Additional (Butler 2007, p. 55). A small population watershed of the 350-mi (563-km) river L and FD snuffbox from museum persists over a 10-river-mi (16-river-km) encompassing much of Indiana, west- collections were recorded from single reach in the lower section of the Red central Ohio, and southeastern Illinois. sites in 1988. Three L and eight FD River Gorge Geological Area of the The mainstem and at least 27 streams snuffbox were found at two sites in Daniel Boone National Forest in had one of the largest snuffbox 1992, and one live and three fresh dead Menifee, Wolfe, and Powell Counties population clusters. The species persists were found at three of six sites surveyed (Cicerello 2006, pers. comm.). Viability today as seven small populations in the during 2001–2002. Since 1986, the of this population is unknown. system; the viability of these small snuffbox population has occurred Rolling Fork Salt River—The Rolling populations is unknown (Butler 2007, sporadically at six sites over 50 river mi Fork is a major southern tributary of the p. 57). (80 river km) of the upper river. The Salt River in central Kentucky, flowing Salamonie River—The Salamonie species was reported as significant and in a northwesterly direction to join the River is a southern tributary of the viable by Butler (2007 pers. comm.), but Salt near its mouth. The snuffbox was upper Wabash River, flowing in a it has declined to some extent. Recent first reported in 1958 (Rosewater 1959, northwesterly direction and draining surveys, however, documented only one p. 62). Seven fresh dead specimens and east-central Indiana. Two historical live individual in 2005 and 5 live adult a single live subadult were collected in museum records were found. Nine sites males in 2008, indicating that the 1988, from four sites in Larue, Marion, were surveyed during 1993–1994, Embarras River population may be and Nelson Counties (Cicerello 2003, without finding any evidence of the closer to a marginal population than a pers. comm.; Haag 2006, pers. comm.). snuffbox (ESI 1995, p. 19). The snuffbox significant one (Tiemann 2010, p. 53). A survey of 12 mainstem and 30 was rediscovered in 2004, above Sugar Creek—Sugar Creek is a tributary sites in the Rolling Fork Salamonie Reservoir, where two live tributary in the upper East Fork White system in 1998–1999 yielded no individuals at one site and fresh dead River system, draining central Indiana evidence of the snuffbox, prompting an shells, including a very small juvenile, east and south of Indianapolis. A single investigator to consider it extirpated were found at another site 2 mi (3 km) live individual from one site, fresh dead (Akers 2000, p. 13), but occasional away (Fisher 2005, pers. comm.). The specimens from seven sites, and relic small population is considered to be shells from an additional eight sites specimens may still be found (Butler recruiting and viable at some level. were reported in 1990 (Harmon 1992, 2007, p. 55). The species is sporadically Tippecanoe River—The largest pp. 40–41 1998). The snuffbox distributed over 40 river miles of the tributary of the upper Wabash River population occurred sporadically over upper river (Cicerello 2006, pers. system, the Tippecanoe River drains 35 river mi (56 km) to near the mouth. comm.). If it is still extant, the viability north-central Indiana and flows Only relic shells were found while of this small population is unknown. westerly, then southerly before joining resampling some historical sites in Green River—A major southern the Wabash near Lafayette. Nearly all 1995, 1998, and 2001 (Butler 2007, p. tributary of the lower Ohio River, the records of the snuffbox were made in 59). It is questionable whether the Green River flows in a westerly the past 20 years. Two weathered shells population remains extant. direction and drains west-central were found in the lower mainstem Buck Creek—Buck Creek is a Kentucky. Ortmann (1926, p. 182) among 16 sites sampled in 1987 southerly flowing, western tributary of considered the snuffbox to be well- (Cummings et al. 1987, p. 25; Cummings Sugar Creek in the upper East Fork distributed over the system, but not and Berlocher 1990, p. 93) and 30 sites White River system east of Indianapolis. abundant. Large museum collections of in 1991–1992 (ESI 1993, p. 68). One L A fresh dead snuffbox was found near snuffbox were taken from Munfordville individual and over 32 fresh dead the mouth and relic specimens at an during 1961–1966, but only six relic specimens were found at a site at the upstream site in 1990 (Harmon 1992, p. shells were reported there in 1967. The upper end of Freeman Reservoir during 41). Similar to the parent stream snuffbox has been rare since. Five live a 1993 drawdown that may have population in Sugar Creek, the snuffbox and fresh dead snuffbox were collected contributed to their demise (Fisher may already be extirpated in Buck Creek at 4 of 42 sites during 1987–1989 2003, pers. comm.). A single fresh dead (Fisher 2003, pers. comm.). sampling in Mammoth Cave National specimen was found below Shafer Muscatatuck River—The Muscatatuck Park (Cicerello and Hannan 1990, pp. Reservoir among 13 sites sampled in River is a large, westerly flowing 16–17). Three live and six fresh dead 2003 (ESI 2003, p. 9). The viability of tributary of the upper East Fork White snuffbox were reported in the upper this declining population is unknown, River in southeastern Indiana. The Green River from 1984–1990 (Cicerello but it appears close to extirpation snuffbox was first reported from the 2003, pers. comm.). A single live (Fisher 2003, pers. comm.). stream by Daniels (1903, p. 646). Fresh individual was collected in Taylor Embarras River—The Embarras River dead specimens (unknown number) County in 1989 (Layzer 2009, pers. is a southerly flowing, western tributary were recorded at a site downstream comm.), but no evidence of the snuffbox of the lower Wabash River in from Graham Creek that was sampled in was reported at numerous other sites in southeastern Illinois. Museum lots 1988 (Harmon 1989, p. 118). Status and 1999, 2000, 2001, and 2003 (Cicerello represent collections dating to 1956 and viability of snuffbox in the Muscatatuck 2006, pers. comm.). Once abundant and contain snuffbox from nine mainstem River are unknown. occurring over 200 river mi (322 river and two tributary sites. A total of 9 live Graham Creek—Graham Creek flows km), the species has become and 15 fresh dead specimens were southwesterly to join Big Creek in exceedingly rare since the 1960s. collected at four sites in 1986, in Coles forming the Muscatatuck River in the Current snuffbox viability is unknown, and Douglas Counties (Cummings et al. East Fork White River system in and it may be nearing extirpation from 1988, p. 8). Although overall mussel southeastern Indiana. The species was the entire Green River system, where it abundance at the 21 sites sampled in found fresh dead (numbers unknown) at was formerly known from eight both 1956 and 1986 dropped 86 percent, six sites over 10 river mi (16 river km) tributaries. the snuffbox was one of only five of the lower stream in Jennings County

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in 1988 (Harmon 1989, p. 117), and a maintains a stronghold population, but about the status of the snuffbox in the single fresh dead specimen was found highly restricted populations persist in Tennessee River mainstem. in 1990 (Harmon 1998). Viability of the other streams. Paint Rock River—The Paint Rock these small populations is unknown. Clinch River—The 350-mi (563-km) River is a southerly flowing, northern Cumberland River System—Snuffbox Clinch River is a major tributary of the tributary of the southern bend of the populations are known from the upper Tennessee River originating in Tennessee River in northeastern mainstem Cumberland River and 6 of its southwestern Virginia, and flowing in a Alabama and adjacent Tennessee. The tributaries. With few exceptions, most southwesterly direction to its snuffbox was first reported from one of mainstem records were made prior to confluence near Kingston in eastern six mainstem sites by Ortmann (1925, p. the 1920s, when the species was locally Tennessee. No other river in North 359). No evidence of snuffbox was common (Wilson and Clark 1914, p. 45). America has extant populations of more found in two surveys during 1965–1967 The snuffbox is considered extirpated federally endangered (15) species of (Isom and Yokley 1973, p. 444) and a from the mainstem. Currently, a single mussels than does the upper Clinch 1980 survey (Butler 2007, p. 64). Twelve tributary population may be extant, but River above Norris Reservoir. The live and fresh dead snuffbox were found is considered not viable. The species is snuffbox was reported from nine sites at four sites between RMs 13 and 21 likely to become extirpated from the by Ortmann (1918, pp. 601–606). (Ahlstedt 1995–1996, p. 70). The species entire river system in the foreseeable Museum records from Hancock County, was again absent from 10 upper future. Tennessee, during 1965–1971 mainstem sites surveyed in 2002 Buck Creek—Buck Creek is a documented a very large population of (Godwin 2002, p. 9). Four fresh dead southerly flowing, northern tributary of snuffbox. The snuffbox is generally specimens of varying sizes were found the upper Cumberland River below distributed from RM 170 to RM 195 in at lower river sites in 2002 (Fraley 2003, Cumberland Falls in southeastern Hancock County, but is sporadic in pers. comm.; Smith 2005, pers. comm.) Kentucky. One dead valve was found at Virginia (RM 213–235), where it has and 2003–2006 (Freeman 2006, pers. a site in 1981 (Clarke 1981b, Appendix), recently declined (Butler 2007, p. 62). comm.). One live and 11 fresh dead and two live and one fresh dead The snuffbox population is recruiting, specimens were found at RM 21 in snuffbox were reported from three sites viable, and currently stable, although 2005, and 2 live and 16 fresh dead were during 1983–1984 (Schuster et al. 1989, decreased in size and range from 40 collected at RM 31 in 2007 (Gangloff p. 82). The species was also reported years ago. The Clinch River ranks 2007, pers. comm.). In July 2008, live from a lower mainstem site among among the six stronghold snuffbox Freeman (2008, pers. comm.) observed seven sites sampled from 1987–1990 populations rangewide. multiple age classes (sizes) of fresh dead (Layzer and Anderson 1992, p. 16). A Powell River—The Powell River is the snuffbox in middens between RM 34.7 recent survey found only relic shells at major tributary of the upper Clinch and 32.5. Fobian et al. (2008, p. 14) 3 of 23 sites (Hagman 2000, p. 21). If River flowing in a southwesterly collected 21 live snuffbox at 7 sites and extant, the declining snuffbox direction parallel to and northwest of fresh dead specimens at 8 sites between population in Buck Creek is likely to the Clinch River in southwestern RM 46.7 and 13.1. A stronghold become extirpated in the foreseeable Virginia and northeastern Tennessee. snuffbox population exists between RMs future. The snuffbox was reported at three sites 13 and 44, and is recruiting, viable, and by Ortmann (1918, pp. 597–598), five Tennessee River System has clearly improved since 1980. sites during 1973–1978 by Dennis (1981, Elk River—The Elk River is a large, The Tennessee River is the largest p. 3), four sites from 1975–1978 by northern tributary flowing 200 river mi tributary of the Ohio River, draining Ahlstedt and Brown (1979, p. 42), and (322 river km) in a southwesterly seven southeastern States and joining four Virginia sites in 1988–1989 by direction in the southern bend of the the Ohio near its mouth in western Wolcott and Neves (1994, p. 7). Large Tennessee River in south-central Kentucky. The snuffbox originally was collections attest to its former Tennessee and north-central Alabama. known from throughout all but the abundance. The species was found live Snuffbox collections have been lower section of river and 17 of its and fresh dead in the Powell River, sporadic. The species was found at 2 tributaries. Hundreds of miles of large Tennessee, during 1989–1990 (Hubbs et sites in the mid-1960s (Isom et al. 1973, river habitat on the mainstem have been al. 1991, Appendix A). Of twenty two p. 440), and a single live individual was lost under nine reservoirs, with sites sampled in the Powell River, found among 108 sites sampled in 1980 additional dams on several tributaries Johnson (2010) collected seven L (Ahlstedt 1983, p. 47). Single specimens (Clinch, Holston, and Elk Rivers) individuals among three sites between were also reported from 4 sites sampled (Tennessee Valley Authority (TVA) RM 80.4 and 95.3. The population has in the lower river in 1997 (Madison and 1971, p. 4). The loss of mussel resources declined, viability is questionable, and Layzer 1998, Table 6) and 16 sites has been substantial (Watters 2000, p. its extirpation may be imminent (Butler sampled in 1999 (Service 1999, p. 3). A 262). Muscle Shoals, the 53-river-mi 2007, p. 63). very large fresh dead specimen was (85-river-km) reach in northwestern Tennessee River—The snuffbox found at RM 51 among 4 sites sampled Alabama, historically harbored 69 originally was known from all but the in 2001 (Hubbs 2002, p. 5; Butler 2007, mussel species, the most diverse mussel lower section of the river. Butler (2007, p. 65). A single live and a fresh dead fauna ever known (Garner and p. 61) reported the snuffbox as snuffbox were found at a site in Giles McGregor 2001, p. 155). The ‘‘believed to be extirpated from the County during qualitative sampling construction of three dams (Wilson in entire Tennessee River.’’ However, events at five sites in 2005 (Ahlstedt et 1925, Wheeler in 1930, and Pickwick Yokley (2002, p. 1) collected a single al. 2006). Ford (2008, pers. comm.) Landing in 1940) inundated most of the fresh dead male in 2002 at the U.S. 231 reported collecting a fresh dead mussel beds. No live snuffbox have been Bridge, Madison and Morgan Counties, specimen at Stairstep Shoals in Giles reported at Muscle Shoals for around Alabama. In 2006, one live female was County, Tennessee, in July 2007. The 100 years (Garner and McGregor 2001, found at the same location, although it small snuffbox population has recently p. 162). The snuffbox may persist in the was the only snuffbox out of 8,978 recruited and exhibits some level of mainstem at a very low density and in mussels collected at the site (Yokley viability, and its numbers appear only five tributaries. The Clinch River 2006, p. 1). Nothing further is known relatively stable in recent history.

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Duck River—The Duck River is the tributary system of the western bank of snuffbox records were from around 1983 downstream-most large tributary of the the Mississippi River. A snuffbox and 1997 in the middle mainstem in Tennessee River draining south-central population once occurred in the Sharp County (Butler 2007, p. 69). No Tennessee and flowing 285 river miles mainstem and six of its larger other details on these collections or the (459 river km) west to its confluence tributaries. The last record from the status of the population are known. near the head of Kentucky Reservoir. mainstem in Arkansas is pre-1921 Considering the dearth of records, the The snuffbox historically occurred (Harris et al. 2007, p. 10). Highly snuffbox appears to be very rare in the throughout the Duck River and, based restricted populations persist in four Strawberry River, and its viability is on museum records, was locally streams. unknown. common 40 to 50 years ago, but was Buffalo River—The Buffalo River is a Summary of Snuffbox Population absent in surveys from RM 180 large, eastward-flowing tributary of the Estimates and Status downstream in the mid-1970s (Ahlstedt middle White River in north-central 1981, p. 62; Dennis 1984, p. 38). Two Arkansas. The snuffbox was not found The snuffbox has declined rangewide live individuals were collected from 2 of during surveys in 1910 (26 sites; Meek and appears to be extant in 79 of 210 99 sites surveyed in 1979 (Butler 2007, and Clark 1912, p. 13) or 1995 (40 sites; streams and lakes of historical p. 66). A single live individual was Harris 1996, p. 9), but two live occurrence, a 62 percent decline in discovered in Maury County among 72 individuals were found at a single site occupied streams. Realistically, much sites sampled during 2000–2003 among 60 sites surveyed in 2006 more than 62 percent of the habitat (Ahlstedt et al. 2004, p. 119), but none (Matthews 2007, pers. comm.). The historically available for this species no were found at 11 lower sites surveyed small population occurs in the lower longer supports its populations. Habitat in 2000 (Schilling and Williams 2002, p. river in Marion County, and its viability losses measured in the thousands of 409). The snuffbox is very rare, and its is unknown. miles have occurred rangewide. As viability is uncertain. Black River—The Black River is the multiple streams may comprise single largest tributary in the White River snuffbox population segments (for Lower Mississippi River Sub-Basin system, draining much of southeastern example, the French Creek system), the The Lower Mississippi River Sub- Missouri and northeastern Arkansas actual number of extant populations is basin includes 954 miles (1,535 km) of before flowing in a southerly direction somewhat less. Extant populations, with the Mississippi River from its into the White River near Newport, few exceptions, are highly fragmented confluence with the Ohio River at Cairo, Arkansas. A long but sporadic collection and restricted to short reaches. The Illinois, to its mouth in the Gulf of history for the snuffbox appears in the elimination of this species from scores Mexico. The snuffbox is known from 300-mi (483-km) Black River. A single, of streams and thousands of miles of five streams in this system, four of approximately 4-year-old live male was stream reaches indicates catastrophic which are tributaries to the White River. collected at RM 65.5, Wayne County, population losses and a precipitous St. Francis River—The St. Francis among 51 Missouri sites sampled in decline in overall abundance. It is River is a major tributary of the lower 2002 (Hutson and Barnhart 2004, p. reasonable to estimate that total range Mississippi, with its headwaters in 154). The species has become extirpated reduction and overall population losses southeastern Missouri and flowing from the lower river on the Mississippi for the snuffbox each approximate, if south into northeastern Arkansas. The Embayment, including Arkansas. This not exceed, 90 percent. only Arkansas records available for this population of snuffbox appears rare but 450-mi (724-km) river are from 1964, viable at some level. Public Comments located approximately 1 mi southwest Spring River—The Spring River is a In the proposed rule published on of Parkin in Cross County (Bates and large tributary of the Black River that November 2, 2010 (75 FR 67552), we Dennis 1983, p. 63; Harris et al. 2007, drains the eastern Ozark Plateaus in requested that all interested parties p. 10). Snuffbox records exist for Butler, south-central Missouri and northeastern submit information that might Wayne, and Stoddard Counties, Arkansas. Based on pre-1986 records, contribute to development of a final Missouri, where it was considered the snuffbox was known in low rule. We reviewed all comments ‘‘locally abundant’’ (Oesch 1984, p. numbers from at least four sites in received for substantive issues and new 235). The species is known from above approximately 20 river mi (34 river km) information regarding the proposed Wappapello Reservoir, but was absent of the lowermost mainstem in Arkansas listing of these two species, and we have from Missouri surveys conducted below (Harris and Gordon 1987, p. 53). A addressed those comments below. Wappapello Dam in 1983 (Bates and single live adult male was found in Dennis 1983, p. 63) and 1986 (Ahlstedt Lawrence County in 2005, and Summary of Comments and and Jenkinson 1991, p. 240). Twelve represents the first live specimen found Recommendations live snuffbox were sampled at sites in in Arkansas in more than 20 years During the open comment period for 2002 (Hutson and Barnhart 2004, pp. (Butler 2007, p. 69). Further, 53 fresh the proposed rule (75 FR 67552), we 84–85). Live individuals were found dead snuffbox were collected in four requested all interested parties submit during collections at RM 172.1 in 2005 large muskrat middens (Harris et al. comments or information concerning and 2006 (Butler 2007, p. 67). The 2007, p. 15). The extent of the the proposed listing of the rayed bean snuffbox is restricted to a 10-mi (16-km) population is not known, but it is and snuffbox. We contacted appropriate reach (RM 172.1–182.0) on the probably limited to relatively few miles State and Federal agencies, Ontario’s northeastern edge of the Ozark Plateaus in the lower mainstem in Lawrence and Department of Fisheries and Oceans, in the vicinity of Sam A. Baker State Randolph Counties. This population elected officials, scientific Park, Wayne County (Hutson and appears small, and its status and organizations, and other interested Barnhart 2004, p. 85). This medium- viability are unknown. parties and invited them to comment. sized snuffbox population appears to be Strawberry River—The Strawberry During the comment period, we stable and viable, but restricted in River is a western tributary of the Black received a total of 16 comments from 4 distribution. River draining a portion of the State agencies, 2 Federal agencies (3 White River System—The 690-mi southeastern Ozark Plateaus in comments in total), 4 groups, and 5 (1,110-km) White River is a large northeastern Arkansas. The only individuals, including 2 peer reviewers.

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We have read and considered all past destruction, modification, and or (8) Comment: The Pennsylvania Fish comments received for substantive curtailment of their habitat or ranges and Boat Commission, Wisconsin issues and new data regarding these two and that this factor continues to threaten Department of Natural Resources mussels. We updated the rule where it the continued existence of these species. Bureau of Endangered Species, Illinois was appropriate. For readers’ (4) Comment: One peer reviewer Department of Natural Resources, and convenience, we have combined similar provided information on a January 1, Virginia Department of Conservation comments into single comments and 2011, State rulemaking in Pennsylvania and Recreation provided updated responses. that banned the use of all species of historical and current information on populations of both species in their Peer Review mussels as bait in Pennsylvania. Prior to this State rulemaking, individuals States. In accordance with our peer review holding a valid Pennsylvania fishing Our Response: We appreciate the policy published in the Federal Register license could collect up to 50 mussels submission of the updated information. on July 1, 1994 (59 FR 34270), we per day for use as fish bait. The updates have been incorporated requested the expert opinions of five Our Response: The information has into this rule, where appropriate. knowledgeable individuals with been incorporated into the rule in the (9) Comment: The Pennsylvania Fish expertise on freshwater mollusks. The section discussing listing Factor D: The and Boat Commission provided purpose of such review is to ensure that Inadequacy of Existing Regulatory information on a rayed bean the designation is based on scientifically Mechanisms. reintroduction into the Duck River in sound data, assumptions, and analyses, (5) Comment: One peer reviewer Tennessee. In 2008, nearly 1,000 rayed bean were collected from the Allegheny including input of appropriate experts provided information on golden algae River and reintroduced into the Duck and specialists. We received written (Prymnesium parvum) as a threat to River. responses from two of the peer rayed bean and snuffbox populations in reviewers. Both peer reviewers stated Our Response: We appreciate the areas where water is withdrawn for submission of the updated information. that they supported the proposal to list shale gas drilling. Shale gas drilling has both species as endangered. The information has been incorporated the potential to impact 23 of the 79 into this rule, where appropriate. Peer Reviewer Comments remaining snuffbox populations and 9 (10) Comment: The Pennsylvania Fish of the 32 remaining rayed bean (1) Comment: Peer reviewers provided and Boat Commission provided populations. updated information on rayed bean and information on threats to both species snuffbox populations throughout the Our Response: The information has from natural gas extraction from the ranges of these species. been incorporated into the rule in the Marcellus Shale formation. Current Our Response: The updates have been sections discussing listing Factor A: The increases in natural gas extraction incorporated into this final rule, where Present or Threatened Destruction, related to Marcellus Shale present a appropriate. Modification, or Curtailment of Their number of potential threats to the rayed (2) Comment: One peer reviewer Habitat or Range and Factor E: Other bean and snuffbox, including the provided information on recent genetic Natural or Manmade Factors Affecting removal of large volumes of surface and studies on snuffbox populations that Their Continued Existence. groundwater for hydraulic fracturing suggests strong genetic isolation among Comments From States (fracking), spills of untreated fracking populations. flowback water, and development of Our Response: The new information (6) Comment: The Pennsylvania Fish infrastructure associated with natural has been incorporated into the rule in and Boat Commission and Virginia gas extraction. the section discussing listing Factor E: Department of Conservation and Our Response: We appreciate the Other Natural or Manmade Factors Recreation provided comments stating submission of information on the Affecting Their Continued Existence. that they support the proposal to list potential threats of natural gas This information is important because it both species. extraction as it supports our assumption provides additional support to the Our Response: These comments that this activity could threaten multiple thought that many snuffbox populations support the Service’s proposal. We are populations of both species. The are potentially below the effective grateful for support of the States and information has been incorporated into population size required to maintain recognize that State partnerships are this rule in the sections discussing genetic heterogeneity and population essential for the conservation of these listing Factor A: The Present or viability. species. Threatened Destruction, Modification, (3) Comment: One peer reviewer (7) Comment: The Pennsylvania Fish or Curtailment of Their Habitat or Range provided information on coal mining as and Boat Commission and the and Factor E: Other Natural or a threat to both species throughout their Wisconsin Department of Natural Manmade Factors Affecting Their ranges in Pennsylvania due to the Resources provided information on Continued Existence. discharge of acid mine drainage State protection of these species in their (11) Comment: The Wisconsin containing injurious substances (e.g., respective States. The snuffbox was Department of Natural Resources total dissolved solids and sulfates) from State listed as endangered in Bureau of Endangered Species provided active and abandoned mines. Pennsylvania on July 11, 2009. Listing a comment regarding black carp Our Response: The new information of the rayed bean in Pennsylvania has (Mylopharyngodon piceus), a notorious has been incorporated into the rule in been deferred, pending the results of molluscivore (mussel-eater), as a the section discussing listing Factor A: additional survey efforts. The snuffbox potential threat to these species due to The Present or Threatened Destruction, has been listed as State endangered in its occurrence in the Illinois and Modification, or Curtailment of Their Wisconsin since August 1, 1989. Mississippi Rivers. Habitat or Range. We find that this Our Response: These comments Our Response: We appreciate the additional information provides support the Service’s proposal. We are submission of the updated information. additional support for our grateful for support of the States and Information on the black carp as a threat determination that the rayed bean and recognize that partnerships are essential to these species has been incorporated snuffbox have declined as a result of for the conservation of these species. into this rule in the section discussing

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listing Factor E: Other Natural or Our Response: The data will be Manmade Factors Affecting Their Manmade Factors Affecting Their incorporated into recovery planning for Continued Existence. Continued Existence. these species. We encourage the Genoa (21) Comment: American Rivers (12) Comment: The Wisconsin National Fish Hatchery to be an active provided the Service with a list of 14 Department of Natural Resources participant in the recovery planning and mussel references that reported on the Bureau of Endangered Species provided implementation process. species’ ranges and populations. a comment that the proposed rule did Our Response: We appreciate the Comments From Groups not discuss the significance of the host submission of the updated information. fish and that if the host fish are (17) Comment: The Service received Information from these references has negatively impacted, the mussels are comments from three groups supporting been incorporated into this rule, where also negatively impacted. the proposal to list both species. appropriate. Our Response: Discussion on the role Our Response: These comments (22) Comment: Pennsylvania of the host fish was included in the support the Service’s proposal. We are Biological Survey provided information proposed rule in the Life History section grateful for support of these non- on sand and gravel extraction from the and in the discussion of listing Factor A: governmental organizations and Allegheny River’s navigational pools as The Present or Threatened Destruction, recognize that partnerships are essential a threat to the rayed bean. Modification, or Curtailment of Their for the conservation of these species. Our Response: We appreciate the Habitat or Range and Factor E: Other (18) Comment: Pennsylvania submission of information on this threat Natural or Manmade Factors Affecting Biological Survey, Western to the Allegheny River rayed bean Their Continued Existence. Pennsylvania Conservancy, and The population. The information has been incorporated into this rule in the section (13) Comment: The Virginia Nature Conservancy provided updated discussing listing Factor A: The Present Department of Conservation and historical and current information on or Threatened Destruction, Recreation was not aware of multiple populations of both species in Modification, or Curtailment of Their historical records of the rayed bean in Pennsylvania, Virginia, and West Habitat or Range. the Clinch River in Virginia. Virginia. (23) Comment: The Western Our Response: We appreciate the Our Response: Seven records of the Pennsylvania Conservancy provided a submission of the updated information. rayed bean from the Clinch River can be comment regarding black carp The updates have been incorporated found at the Ohio State University (Mylopharyngodon piceus) as a into this rule, where appropriate. Museum of Biological Diversity (OSUM) potential threat to these species as this (19) Comment: The Nature and the Museum of Fluviatile Mollusks species of carp specializes in the Conservancy, Pennsylvania Biological (MFM). Two OSUM records exist for the consumption of mollusks (snails and Survey, and Western Pennsylvania Clinch River from 1965 in Russell and mussels). Scott Counties, Virginia. Three OSUM Conservancy provided information on Our Response: We appreciate the records also exist for the Clinch River in threats to both species from natural gas submission of information on this threat 1963 in Russell, Wise, and Scott extraction from the Marcellus Shale to mussels. Information on the black Counties, Virginia. MFM holds two formation. carp as a threat to these species has been records for the rayed bean from the Our Response: We appreciate the incorporated into this rule in the section Clinch River from 1953 and 1955. submission of information on the discussing listing Factor E: Other potential threats of natural gas Comments From Federal Agencies Natural or Manmade Factors Affecting extraction as it supports our assumption Their Continued Existence. (14) Comment: The Natural Resources that this activity could threaten multiple (24) Comment: The Nature Conservation Service and Genoa populations of both species. The Conservancy provided information on National Fish Hatchery provided information has been incorporated into current and foreseeable threats to both comments supporting the proposal to this rule in the sections discussing species from mountaintop removal list both species. listing Factor A: The Present or mines in the Elk River drainage in West Our Response: These comments Threatened Destruction, Modification, Virginia. support the Service’s proposal. We are or Curtailment of Their Habitat or Range Our Response: We appreciate the grateful for support of these Federal and Factor E: Other Natural or submission of information on this threat agencies and recognize that partnerships Manmade Factors Affecting Their to the Elk River snuffbox and rayed bean are essential for the conservation of Continued Existence. populations. The information has been these species. (20) Comment: Western Pennsylvania incorporated into this rule in the section (15) Comment: The Natural Resources Conservancy provided information on discussing listing Factor A: The Present Conservation Service provided the potential future threats to both or Threatened Destruction, comments encouraging agency species from natural gas extraction from Modification, or Curtailment of Their partnerships with the Service to the Utica Shale formation within the Habitat or Range. conserve both species. French Creek drainage. (25) Comment: The Nature Our Response: The Service seeks Our Response: We appreciate the Conservancy provided information on partnerships with all interested parties submission of information on the current threats to both species from old to conserve these species. We encourage potential threats of natural gas deep coal mining operations still the Natural Resources Conservation extraction as it supports our assumption affecting water quality in some Elk River Service to be an active participant in the that this activity could threaten multiple tributaries in West Virginia. recovery planning and implementation populations of both species. The Our Response: We appreciate the process for these species. information has been incorporated into submission of information on this threat (16) Comment: The Genoa National this rule in the sections discussing to the Elk River snuffbox and rayed bean Fish Hatchery provided information on listing Factor A: The Present or populations. The information has been propagation of the snuffbox and Threatened Destruction, Modification, incorporated into this rule in the section recommends propagation as a tool for or Curtailment of Their Habitat or Range discussing listing Factor A: The Present recovery of the species. and Factor E: Other Natural or or Threatened Destruction,

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Modification, or Curtailment of Their short reaches. Available records indicate Cumberland River systems. The rayed Habitat or Range. that 32 percent of streams considered to bean has been eliminated from the harbor extant populations of the Tennessee River system and the Comments From Individuals snuffbox are represented by only one or snuffbox, once widespread throughout (26) Comment: The Service received two recent L or FD individuals. The both systems, now persists in only five two comments from individuals primary cause of range curtailment for Tennessee River tributaries and one supporting the proposal to list both both species has been modification and Cumberland River tributary. species. destruction of river and stream habitats, This impoundment scenario is similar Our Response: We are grateful for primarily by the construction of in many other parts of the range of the support of private citizens and impoundments. rayed bean and snuffbox, and includes recognize that partnerships are essential Impoundment—Impoundments result numerous navigational locks and dams for the conservation of these species. in the dramatic modification of riffle (Ohio, Allegheny, Muskingum and These comments support the Service’s and shoal habitats and a resulting loss Green Rivers), major dams (Shenango, proposal. of mussel resources, especially in larger Elk, Walhonding, Scioto, Little Miami, (27) Comment: The Service received rivers. Neves et al. (1997, pp. 63–64) Green, Nolin, Barren, Tippecanoe, information from one individual and Watters (2000, pp. 261–262) Wabash, Mississinewa, Salamonie, and providing updated information on a reviewed the specific effects of Duck Rivers), and low-head dams (Pine, population of snuffbox in Tygarts Creek impoundments on freshwater mollusks. Belle, Clinton, Huron, Maumee, in Kentucky. Dams interrupt a river’s ecological Auglaize, Sandusky, Mahoning, Our Response: We appreciate the processes by modifying flood pulses; Tuscarawas, Walhonding, Scioto, submission of the updated information. controlling impounded water Olentangy, Wabash, Mississinewa, East The information has been incorporated elevations; altering water flow, Fork White, West Fork White, and Duck into this rule, where appropriate. sediments, nutrients, and energy inputs Rivers; and Middle Island, Big Walnut, Summary of Information Pertaining to and outputs; increasing depth; Alum, Big Darby, Little Darby, Sugar, the Five Factors decreasing habitat heterogeneity; and Richland Creeks) that have decreasing stability due to subsequent contributed to the loss of the species’ Section 4 of the Act (16 U.S.C. 1533), sedimentation; blocking host fish habitat. Sediment accumulations behind and its implementing regulations at 50 passage; and isolating mussel dams of all sizes generally preclude the CFR part 424, set forth the procedures populations from fish hosts. Even small, occurrence of the rayed bean and for adding species to the Federal Lists low-head dams can have some of these snuffbox (Butler 2002, p. 22; Butler of Endangered and Threatened Wildlife effects on mussels. 2007, p. 73). and Plants. Under section 4(a)(1) of the The reproductive process of riverine Dredging and Channelization— Act, we may determine a species to be mussels is generally disrupted by Dredging and channelization activities endangered or threatened due to one or impoundments, making the rayed bean have profoundly altered riverine more of the following five factors: (A) and snuffbox unable to successfully habitats nationwide. Hartfield (1993, pp. The present or threatened destruction, reproduce and recruit under reservoir 131–141), Neves et al. (1997, pp. 71–72), modification, or curtailment of its conditions. Population losses due to and Watters (2000, pp. 268–269) habitat or range; (B) overutilization for impoundments have likely contributed reviewed the specific effects of commercial, recreational, scientific, or more to the decline and imperilment of channelization on freshwater mollusks. educational purposes; (C) disease or the rayed bean and snuffbox than has Channelization impacts a stream’s predation; (D) the inadequacy of any other single factor. Neither species physical (accelerated erosion, reduced existing regulatory mechanisms; or (E) occurs in reservoirs lacking riverine depth, decreased habitat diversity, other natural or manmade factors characteristics, although both persist in geomorphic instability, and riparian affecting its continued existence. Listing some reaches of large rivers with dams canopy loss) and biological (decreased actions may be warranted based on any (Ohio River and Allegheny River), they fish and mussel diversity, changed of the above threat factors, singly or in are restricted to sections retaining species composition and abundance, combination. Each of these factors is riverine characteristics (generally decreased biomass, and reduced growth discussed below. tailwaters). Both species, however, rates) characteristics (Hartfield 1993, p. historically occurred in the wave- 131; Hubbard et al. 1993, pp. 136–145). A. The Present or Threatened washed shallows of several glacial lakes, Channel construction for navigation has Destruction, Modification, or an environment very different from that been shown to increase flood heights Curtailment of Their Habitat or Range found in impoundments. (Belt 1975, p. 189). This is partially Both species have experienced Stream habitat throughout major attributed to a decrease in stream length significant curtailment of their occupied portions of the range of both species has and increase in gradient (Hubbard et al. habitats (see Background, above). The been impounded. The majority of the 1993, p. 137). Flood events may thus be rayed bean has been eliminated from Tennessee and Cumberland River exacerbated, conveying into streams about 73 percent of the streams in mainstems and many of their largest large quantities of sediment, potentially which it historically occurred. This tributaries are now impounded. There with adsorbed contaminants. Channel species has also been eliminated from are 36 major dams located in the maintenance may result in profound long reaches of former habitat in Tennessee River system, and about 90 impacts downstream (Stansbery 1970, p. hundreds of miles of the Maumee, Ohio, percent of the Cumberland River 10), such as increases in turbidity and Wabash, and Tennessee Rivers, and downstream of Cumberland Falls is sedimentation, which may smother from numerous stream reaches in their either directly impounded by U.S. Army benthic (bottom-dwelling) organisms tributaries. The snuffbox has been Corps of Engineers (Corps) structures or such as the rayed bean and snuffbox. eliminated from about 62 percent of the otherwise impacted by cold tailwater The only known rayed bean streams in which it historically released from dams. Watters (2000, pp. populations that remain in navigation occurred. Furthermore, extant 262–263) summarizes the tremendous channels are in the upper four populations, with few exceptions, are loss of mussel species from various navigation pools of the Allegheny River. highly fragmented and restricted to portions of the Tennessee and Sand and gravel extraction from these

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pools continues to occur, and a recent concentrations that far exceed toxic for freshwater mussel species or exclude study found evidence that habitat levels and any water quality standards data that is available for freshwater alteration and loss from sand and gravel that might be in effect. Some notable mussels (March et al. 2007, pp. 2066– dredging has had an adverse effect on spills that released large quantities of 2067, 2073). the mussel fauna in the navigation pools highly concentrated chemicals resulting Current research is now starting to of the Allegheny River (Walsh 2010, in mortality to mussels include: Massive focus on the contaminant sensitivity of pers. comm.; Smith and Meyer 2010, p. mussel kills on the Clinch River at freshwater mussel glochidia and newly- 556). Activities associated with Carbo, Virginia, occurred from a power released juvenile mussels (Goudreau et navigation channels may have plant alkaline fly ash pond spill in 1967 al. 1993, pp. 219–222; Jacobson et al. contributed to the elimination of the and a sulfuric acid spill in 1970 1997, p. 2390; Wang, 2007a, pp. 2041– rayed bean from the Ohio, lower (Crossman et al. 1973, p. 6); 2046; Valenti 2005, pp. 1244–1245; Allegheny, and Muskingum Rivers, and approximately 18,000 mussels of several Valenti 2006, pp. 2514–2517; March potentially others. Channel maintenance species including 750 individuals from 2007, pp. 2068–2073) and juveniles operations for barge navigation have three endangered mussel species were (Bartsch et al. 2003, p. 2561; Augspurger impacted habitat for the snuffbox in eliminated from the upper Clinch River et al. 2003, p. 2569; Mummert et al. several large rivers. Impacts associated near Cedar Bluff, Virginia, in 1998, 2003, p. 2549, Wang, 2007b, pp. 2053– with barge traffic, which include when an overturned tanker truck 2055, Wang, 2007a, pp. 2041–2046, construction of fleeting areas, mooring released 1,600 gallons (6,056 liters) of a Valenti 2005, pp. 1244–1245; Valenti cells, docking facilities, and propeller chemical used in rubber manufacturing 2006, pp. 2514–2517; March 2007, pp. wash, also disrupt habitat. Navigation (Jones et al. 2001, p. 20; Schmerfeld 2068–2073) to such contaminants as maintenance activities may continue to 2006, p. 12); and an ongoing release ammonia, metals, chlorine, and adversely affect this species in the starting in 1999 of sodium dimethyl pesticides. The toxicity information upper Ohio River. Hundreds of miles of dithiocarbamate, a chemical used to presented in this section focuses on streams containing rayed bean reduce and precipitate hexachrome, recent water-only laboratory acute (Olentangy, Salamonie, Mississinewa, impacted approximately 10 river miles (sudden and severe exposure) and Vermilion, North Fork Vermilion, (16 km) of the Ohio River and resulted chronic (prolonged or repeated Embarras Rivers) and snuffbox (Grand, in an estimated loss of one million exposure) toxicity tests with early life Kankakee, Sangamon, Kaskaskia, mussels, including individuals from two stages of freshwater mussels using the Olentangy, Salamonie, Mississinewa, federally listed species (DeVault 2009, standard testing methodology published Eel, Vermilion, North Fork Vermilion, pers. comm.; Clayton 2008, pers. by the American Society for Testing and Embarras, Paint Rock, and St. Francis comm.). These are not the only Materials (ASTM) (American Society for Rivers; and Tonawanda, Killbuck, instances where chemical spills have Testing and Materials 2008, pp. 1442– Chickamauga, and Bear Creeks) were resulted in the loss of high numbers of 1493). Use of this standard testing dredged and channelized decades ago, mussels (Brown et al. 2005, p. 1457; method generates consistent, reliable and some populations have been Neves 1991, p. 252; Jones et al. 2001, p. toxicity data with acceptable precision eliminated from these streams. The 20; Schmerfeld 2006, pp. 12–13), but are and accuracy (Wang et al. 2007a, p. entire length of the Kankakee River in provided as examples of the serious 2035) and was used for toxicity tests on Indiana was channelized by 1917. In threat chemical spills pose to mussel ammonia, copper, chlorine, and select pesticides (Augspurger et al. 2007, p. addition, hundreds of drains (formed species. The rayed bean and snuffbox 2025; Bringolf et al. 2007a, p. 2087; from ditching low-gradient creeks and are especially threatened by chemical Bringolf et al. 2007c, p. 2101; Wang et swales) were created around 100 years spills because these spills can occur al. 2007a, p. 2029; Wang et al. 2007b, p. ago in Illinois, Michigan, and other anywhere there are highways with 2036; Wang et al. 2007c, p. 2048). Use midwestern States. Stream tanker trucks, industries, or mines and of these tests has documented that while channelizations were attempts to reduce where these overlap with rayed bean mussels are sensitive to some flooding, drain low-lying areas, and and snuffbox distribution. For example, contaminants, they are not universally ‘‘improve’’ storm flow runoff. a gas station close to the flood zone Chemical Contaminants—Chemical sensitive to all contaminants upstream of the rayed bean population contaminants are ubiquitous throughout (Augspurger et al. 2007, pp. 2025–2026). in Cassadaga Creek makes the rayed the environment and are considered a One chemical that is particularly toxic major threat in the decline of freshwater bean extremely susceptible to a to early life stages of mussels is mussel species (Cope et al. 2008, p. 451; stochastic event, such as a toxic ammonia. Sources of ammonia include Richter et al. 1997, p. 1081; Strayer et chemical spill. agricultural sources (animal feedlots al. 2004, p. 436; Wang et al. 2007, p. Exposure of mussels to lower and nitrogenous fertilizers), municipal 2029). Chemicals enter the environment concentrations of contaminants more wastewater treatment plants, and through both point and nonpoint likely to be found in aquatic industrial waste (Augspurger et al. 2007, discharges, including spills, industrial environments can also adversely affect p. 2026), as well as precipitation and sources, municipal effluents, and mussels and result in the decline of natural processes (decomposition of agricultural runoff. These sources freshwater mussel species. Such organic nitrogen) (Goudreau et al. 1993, contribute organic compounds, heavy concentrations may not be immediately p. 212; Hickey and Martin 1999, p. 44; metals, pesticides, and a wide variety of lethal, but, over time, can result in Augspurger et al. 2003, p. 2569; Newton newly emerging contaminants to the mortality, reduced filtration efficiency, 2003, p. 1243). Therefore, ammonia is aquatic environment. As a result, water reduced growth, decreased considered a limiting factor for survival and sediment quality can be degraded to reproduction, changes in enzyme and recovery of some mussel species the extent that mussel populations are activity, and behavioral changes to all due to its ubiquity in aquatic adversely impacted. mussel life stages. Frequently, environments and high level of toxicity, Chemical spills can be especially procedures which evaluate the ‘safe’ and because the highest concentrations devastating to mussels because they concentration of an environmental typically occur in sediment pore water may result in exposure of a relatively contaminant (for example, national where mussels are found (Augspurger et immobile species to extremely elevated water quality criteria) do not have data al. 2003, p. 2574). In addition, studies

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have shown that ammonia than or equal to 8 ug/L exhibited Elevated concentrations of pesticides concentrations increase with increasing reduced growth. These observed toxicity frequently occur in streams due to temperature and low-flow conditions values are greater than EPA’s Criteria pesticide runoff, overspray application (Cherry et al. 2005, p. 378; Cooper et al. Continuous Concentration and Criteria to row crops, and lack of adequate 2005, p. 381), which may be exacerbated Maximum Concentration, which are riparian buffers. Agricultural pesticide by the effects of climate change, and 0.77 ug/L and 1.4 ug/L, respectively. applications often coincide with the may cause ammonia to become more Based on these data, we find that EPA’s reproductive and early life stages of problematic for juvenile mussels. The water quality standards for mercury mussels, and thus impacts to mussels Environmental Protection Agency’s should be protective of juvenile mussels due to pesticides may be increased (EPA’s) established ammonia water and glochidia, except in cases of illegal (Bringolf et al. 2007a, p. 2094). Little is quality criteria (EPA 1985, pp. 94–99) dumping, permit violations, or spills. known regarding the impact of currently may not be protective of mussels However, impacts to mussels from used pesticides to freshwater mussels (Augspurger et al. 2003, p. 2572; Sharpe mercury toxicity may be occurring in even though some pesticides, such as 2005, p. 28) under current and future some streams. According to the National glyphosate (Roundup®), are used climate conditions. Summary Data reported by States to the globally. Recent studies tested the Mussels are also affected by metals EPA, 3,770 monitored waters do not toxicity of glyphosate, its formulations, (Keller and Zam 1991, p. 543), such as meet EPA standards for mercury in the and a surfactant (MON 0818) used in cadmium, chromium, copper, mercury, United States (http://iaspub.epa.gov, several glyphosate formulations, to early and zinc, which can negatively affect accessed 6/28/2010). Acute mercury life stages of the fatmucket (Lampsilis biological processes such as growth, toxicity was determined to be the cause siliquoidea), a native freshwater mussel filtration efficiency, enzyme activity, of extirpation of a diverse mussel fauna (Bringolf et al. 2007a, p. 2094). Studies valve closure, and behavior (Naimo for a 70-mile (112-km) portion of the conducted with juvenile mussels and 1995, pp. 351–355; Keller and Zam North Fork Holston River (Brown et al. glochidia determined that the surfactant 1991, p. 543; Jacobson et al. 1997, p. 2005, pp. 1455–1457). (MON 0818) was the most toxic of the 2390; Valenti et al. 2005, p. 1244). In addition to ammonia, agricultural compounds tested and that fatmucket Metals occur in industrial and sources of chemical contaminants glochidia were the most sensitive wastewater effluents and are often a include two broad categories that have organism tested to date (Bringolf et al. result of atmospheric deposition from ® the potential to adversely impact mussel 2007a, p. 2094). Roundup , technical industrial processes and incinerators. grade glyphosate isopropylamine salt, Glochidia and juvenile freshwater species: nutrients and pesticides. Nutrients (such as nitrogen and and isopropylamine were also acutely mussels have recently been studied to toxic to juveniles and glochidia determine the acute and chronic toxicity phosphorus) can impact streams when their concentrations reach levels that (Bringolf et al. 2007a, p. 2097). The of copper to these life stages (Wang impacts of other pesticides, including 2007a, pp. 2036–2047; Wang 2007b, pp. cannot be assimilated, a condition known as over-enrichment. Nutrient atrazine, chlorpyrifos, and permethrin, 2048–2056). The chronic values on glochidia and juvenile life stages determined for copper ranged from 8.5 over-enrichment is primarily a result of runoff from livestock farms, feedlots, have also recently been studied to 9.8 micrograms per liter (ug/L) for (Bringolf et al. 2007b, p. 2101). This survival and from 4.6 to 8.5 ug/L for and heavily fertilized row crops (Peterjohn and Correll 1984, p. 1471). study determined that chlorpyrifos was growth of juveniles. These chronic toxic to both fatmucket glochidia and values are below the EPA’s 1996 chronic Over-enriched conditions are juveniles (Bringolf et al. 2007b, p. 2104). water quality criterion of 15 ug/L exacerbated by low-flow conditions, The above results indicate the potential (hardness 170 mg/L) for copper (Wang such as those experienced during toxicity of commonly applied pesticides 2007b, pp. 2052–2055). March (2007, typical summer-season flows and that and the threat to mussel species as a pp. 2066, 2073) identifies that copper might occur with greater frequency and result of the widespread use of these water quality criteria and modified State magnitude as a result of climate change. pesticides. All of these pesticides are water quality standards may not be Bauer (1988, p. 244) found that commonly used throughout the range of protective of mussels. excessive nitrogen concentrations can Mercury is another heavy metal that be detrimental to the adult freshwater the rayed bean and snuffbox. has the potential to negatively affect pearl mussel (Margaritifera A potential, but undocumented, threat mussel populations, and it is receiving margaritifera), as was evident by the to freshwater mussel species, including attention due to its widespread positive linear relationship between rayed bean and snuffbox, are distribution and potential to adversely mortality and nitrate concentration. contaminants referred to as ‘‘emerging impact the environment. Mercury has Also, a study of mussel lifespan and size contaminants’’ that are being detected in been detected throughout aquatic (Bauer 1992, p. 425) showed a negative aquatic ecosystems at an increasing rate. environments as a product of municipal correlation between growth rate and Pharmaceuticals, hormones, and other and industrial waste and atmospheric eutrophication, and longevity was organic contaminants have been deposition from coal-burning plants. reduced, as the concentration of nitrates detected downstream from urban areas One study evaluated the sensitivity of increased. Nutrient over-enrichment can and livestock production (Kolpin et al. early life stages of mussels to mercury result in an increase in primary 2002, p. 1202). A large potential source (Valenti 2005, p. 1242). This study productivity, and the subsequent of these emerging contaminants is determined that, for the mussel species respiration depletes dissolved oxygen wastewater being discharged through used (rainbow mussel, Villosa iris), levels. This may be particularly both permitted (National Pollutant glochidia were more sensitive to detrimental to juvenile mussels that Discharge Elimination System (NPDES)) mercury than were juvenile mussels, inhabit the interstitial spaces in the and nonpermitted sites throughout the with the median lethal concentration substrate where lower dissolved oxygen country. Permitted discharge sites are value of 14 ug/L compared to 114 ug/ concentrations are more likely than on ubiquitous in watersheds with rayed L for the juvenile life stage. The chronic the sediment surface where adults tend bean and snuffbox populations, toxicity tests conducted determined that to live (Sparks and Strayer 1998, pp. providing ample opportunities for juveniles exposed to mercury greater 132–133). contaminants to impact the species (for

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example, there are more than 250 mining activities in the upper Clinch populations (Allegheny River NPDES sites in the Meramec River, River system are resulting in (Pennsylvania), Kankakee, Bourbeuse, Missouri system, which harbors a ‘‘blackwater’’ events (Jones and Neves Walhonding, Elk (Tennessee), and declining population of snuffbox) 2004, p. 2). Anecdotal evidence suggests Strawberry Rivers; Big Darby and Buck (Roberts and Bruenderman 2000, p. 78). that coal fines (very small coal particles) (Kentucky) Creeks). The information presented in this are increasing in the Clinch River reach Other mining activities that impact section represents some of the threats that harbors a stronghold snuffbox snuffbox populations include mining for from chemical contaminants that have population (Butler 2007, p. 84). A coal- metals (lead, cadmium, zinc) in been documented, both in the laboratory fired power plant planned for the upper Missouri. Mining has been implicated in and field, and demonstrates that Clinch River in Virginia would further the decline of mussels from the upper chemical contaminants pose a increase mining in the Clinch and St. Francis River (Hutson and Barnhart substantial threat to the rayed bean and Powell watersheds. 2004, pp. 86–87). Lead and barite snuffbox. This information indicates the Currently, active coal mining mining is common in the Big River, a potential for contaminants to contribute activities occur in the range of both Meramec River tributary. A tailings- to declining rayed bean and snuffbox species in the Elk River in West Virginia pond blowout discharged 81,000 cubic populations—from spills that are and Dunkard Creek, a tributary to the yards of mine tailings in 1977 that immediately lethal to species, to chronic Monongahela River that straddles the impacted approximately 80 river mi contaminant exposure, which results in Pennsylvania and West Virginia State (129 river km) (Buchanan 1980, p. 9; death, reduced growth, or reduced lines (Douglas 2010, pers. comm.). The Roberts and Bruenderman 2000, p. 24). reproduction of rayed bean and coal mining threat to the rayed bean and As of 2000, high levels of heavy metals snuffbox. snuffbox in the Elk River in West were still detected in the system Mining—The low pH commonly Virginia includes new and scheduled- (Roberts and Bruenderman 2000, p. 24) associated with coal mine runoff can to-expand mountaintop removal mines and may continue to hinder stream reduce glochidial encystment rates, thus in large tributaries to the Elk (Cimarolli recovery. Forty-five tailings ponds and impacting mussel recruitment (Huebner and Beaty 2011, pers. comm.). numerous tailings piles remain in the and Pynno¨nen 1992, p. 2350). Additionally, deep mining operations watershed (Roberts and Bruenderman Additionally, adverse impacts from are still affecting water quality in some 2000, p. 24). heavy-metal-rich drainage from coal Elk River tributaries in West Virginia Oil and gas production may have mining and associated sedimentation and in Dunkard Creek (Cimarolli and contributed to the decline of the rayed have been documented in portions of Beaty 2011, pers. comm.; Welte 2001, bean and snuffbox in certain drainages historical rayed bean and snuffbox pers. comm.). In 2009, a golden algae (Sangamon River in the upper habitat in the upper Ohio River system bloom caused an aquatic life kill in 43 Mississippi River system; Slippery Rock in western Pennsylvania (Ortmann mi (69 km) of Dunkard Creek, and Connoquenessing Creeks in the 1909c, p. 97), West Virginia, and eliminating the stream’s mussel upper Ohio River system; Green, southeastern Ohio. Likewise, coal community, which included the Kentucky, Salamonie, and Mississinewa mining has impacted rayed bean habitat snuffbox (USEPA 2009, p. 5). The algal Rivers in the lower Ohio River system) in the upper Tennessee River system, bloom was associated with a spike in (Ortmann 1909c, p.104; Schanzle and Virginia (Kitchel et al. 1981, p. 21), and conductivity (dissolved impurities) Cummings 1991, p. 1; ESI 1995, p. 39; snuffbox habitat in eastern Kentucky thought to be associated with a Cicerello 1999, p. 11). Pollutants (lower Ohio and Mississippi River discharge from an underground mine include brines (salt water), high levels systems in southeastern Illinois and (USEPA 2009, p. 5; Anderson and of potassium, and numerous organic western Kentucky; upper Cumberland Kreeger 2010, p. 9). If coal mining compounds (Imlay 1971, p. 39). An River system in southeastern Kentucky activities are reinitiated in western increasing demand for domestic energy and northeastern Tennessee; and upper Pennsylvania, they could also become a resources is expected to accelerate oil Tennessee River system in southwestern threat to populations of both species in and gas exploration in certain rayed Virginia) (Ortmann 1909c, p. 103; Neel the lower French Creek and the bean and snuffbox streams in the and Allen 1964, pp. 428–430; Kitchel et Allegheny River. foreseeable future. al. 1981, p. 21; Anderson et al. 1991, pp. Instream and alluvial (clay, silt, sand, Oil and natural gas resources are 6–7; Gordon 1991, p. 2; Bogan and Davis or other material deposited by running present in some of the watersheds that 1992, p. 2; Layzer and Anderson 1992, water) gravel mining has been are known to support rayed bean and pp. 91–94; Ahlstedt and Tuberville implicated in the destruction of several snuffbox, including the Allegheny 1997, p. 75; Milam et al. 2000, p. 53; mussel populations (Hartfield 1993, pp. River, Middle Island Creek, and the Elk Warren and Haag 2005, p. 1394). Acid 135–136; Brown and Curole 1997, pp. River. Exploration and extraction of mine drainage was implicated in the 239–240). Negative impacts associated these energy resources can result in mussel die-off in the Little South Fork with gravel mining include stream increased siltation, fluctuating levels of Cumberland River, Kentucky (Anderson channel modifications (altered habitat, water flow, and altered water quality et al. 1991, pp. 6–7; Layzer and disrupted flow patterns, sediment even at a distance from the mine or well Anderson, 1992, p. 94; Ahlstedt and transport), water quality modifications field. Suspended sediments can Saylor 1995–96, pp. 92–93; Warren and (increased turbidity, reduced light interfere with mussel respiration and Haag 2005, p. 1394). Tailings (the penetration, increased temperature), feeding. Low water levels can expose materials left over after extracting the macroinvertebrate population changes mussels to the atmosphere, which can desirable component of an ore) pond (elimination, habitat disruption, result in stress and mortality, especially failures have also impacted aquatic increased sedimentation), and changes during cold or hot conditions. Rayed resources (Powell River, Virginia; Butler in fish populations (impacts to bean and snuffbox habitat in larger 2007, p. 83). A decline of the snuffbox spawning and nursery habitat, food web streams can be threatened by the and other imperiled mussels in the disruptions) (Kanehl and Lyons 1992, cumulative effects of multiple mines Powell River was blamed on coal- pp. 26–27; Roell 1999, p. 5). Gravel and well fields (USFWS 2008, p. 11). mining impacts (Ahlstedt and mining may continue to be a localized Oil and gas resources extraction has Tuberville 1997, p. 75). Increased threat to rayed bean and snuffbox increased dramatically in recent years,

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particularly in Pennsylvania and West the same drilling and fracturing contaminants, such as nutrients and Virginia (USFWS 2008, p. 10; Urban methods as with Marcellus Shale and, pesticides, to streams. Juveniles can 2010, pers. comm.; Walsh 2010, pers. therefore, the same potential impacts on readily ingest contaminants adsorbed to comm.; Bier 2011, pers. comm.). surface water. Natural gas extraction in silt particles during normal feeding Although oil and gas extraction the Marcellus and Utica Shales has the activities. These factors may explain, in generally occurs away from the river, potential to negatively impact rayed part, why so many mussel populations, extensive road networks are required to bean and snuffbox populations including those of the rayed bean and construct and maintain wells. These throughout New York, Pennsylvania, snuffbox, appear to be experiencing road networks frequently cross or occur West Virginia, eastern Ohio, and recruitment failures. near tributaries, contributing sediment Ontario, Canada. Agricultural activities produce the to the receiving waterway. In addition, Siltation—Excessive sedimentation most significant amount of sediment the construction and operation of wells affects an estimated 28 percent of all that enters streams (Waters 1995, pp. may result in the discharge of brine (salt U.S. streams (Judy et al. 1984, p. 38), 17–18). Neves et al. (1997, p. 65) stated water), which can cause acute toxicity including the majority of the streams that agriculture (including both and mortality of mussels if mussel with extant rayed bean and snuffbox sediment and chemical runoff) affects tolerance levels are exceeded (Anderson populations. Sedimentation has been 72 percent of the impaired river miles and Kreeger 2010, p. 8). Point source implicated in the decline of mussel in the country. Unrestricted access by discharges are typically regulated; populations nationwide and is a threat livestock is a significant threat to many however, nonpoint inputs such as silt to rayed bean and snuffbox (Kunz 1898, streams and their mussel populations and other contaminants may not be p. 328; Ellis 1936, pp. 39–40; Marking (Fraley and Ahlstedt 2000, p. 193). Soil sufficiently regulated, particularly those and Bills 1979, p. 204; Vannote and compaction for intensive grazing may originating some distance from a Minshall 1982, p. 4105–4106; Dennis reduce infiltration rates and increase waterway. In 2006, the Pennsylvania 1984, p. 212; Wolcott and Neves 1990, runoff, and trampling of riparian Department of Environmental Protection pp. 74–75; Brim Box 1999, p. 79; Fraley vegetation increases the probability of issued more than 3,700 permits for oil and Ahlstedt 2000, p. 194; Poole and erosion (Armour et al. 1991, pp. 8–10; and gas wells and 98 citations for permit Downing 2004, pp. 119–120). Specific Trimble and Mendel 1995, pp. 238–239; violations at 54 wells (Hopey 2007, p. 1; biological impacts include reduced Brim Box and Mossa 1999, p. 103). USFWS, 2008, p. 12). feeding and respiratory efficiency due to The majority of extant rayed bean and One issue of particular concern is the clogged gills, disrupted metabolic snuffbox populations are threatened by increase in natural gas extraction from processes, reduced growth rates, limited some form of agricultural runoff (e.g., the Marcellus Shale formation. The burrowing activity, and physical nutrients, pesticides, and sediment). Marcellus formation is a black shale that smothering (Ellis 1936, pp. 39–40; The Maumee River system, for example, is found from southern New York, Stansbery 1971, p. 6; Imlay 1972, p. 76; has a drainage area that contains across Pennsylvania, and into western Marking and Bills 1979, p. 210; Vannote approximately 89 percent agricultural Maryland, West Virginia, and eastern and Minshall 1982, p. 4105; Waters land (Sanders 2002, p. 10.1). The Ohio (Marcellus Formation 2011, p. 2). 1995, p. 7). decline of rayed bean and snuffbox in This shale contains significant Studies indicate that excessive this system may be largely attributed to quantities of natural gas that is now sediment level impacts are sublethal, stream habitat impacts resulting from being extracted using new drilling with detrimental effects not intensive farming and associated runoff. technologies and because of an immediately apparent (Brim Box and The rayed bean and snuffbox once increased demand for natural gas Mossa 1999, p. 101). Physical habitat occurred in the Maumee River (Soeder and Kappel 2009, p. 1). In order effects include altered suspended and mainstem, as well as in up to nine of its to extract the natural gas from the shale, bed material loads, and bed sediment tributaries. Currently, the snuffbox is large volumes of water are needed to composition associated with increased extirpated from the Maumee River drill and hydraulically fracture the rock. sediment production and run-off; system and the rayed bean is only found After the drilling and fracturing is clogged interstitial habitats and reduced in distinct but small reaches of the St. completed, the water must be removed interstitial flow rates and dissolved Joseph River, Fish Creek, Swan Creek, from the well before the gas can flow. oxygen levels; changed channels in and Blanchard River. All of these Extensive water withdrawals associated form, position, and degree of stability; remaining populations (which comprise with the Marcellus Shale wells can altered depth or width-depth ratio that about 20 percent of all remaining rayed dewater mussel beds and reduce habitat affects light penetration and flow bean populations rangewide) are suitability (Douglas 2010, pers. comm.). regime; aggraded (filling) or degraded currently threatened by ongoing Concerns about the availability of water (scouring) channels; and changed agricultural activities. This scenario is supplies needed for gas production and channel positions that dewater mussel echoed across the remaining extant questions about wastewater disposal beds (Vannote and Minshall 1982, p. range of the rayed bean and snuffbox. have been raised by water-resource 4105; Gordon et al. 1992, pp. 296–297; Other Activities Affecting Rayed Bean agencies and citizens throughout the Kanehl and Lyons 1992, pp. 26–27; and Snuffbox Habitat—Activities Marcellus Shale gas development region Brim Box and Mossa 1999, p. 102). associated with urbanization can be (Soeder and Kappel 2009, pp. 3–4). Interstitial spaces in the substrate detrimental to stream habitats (Couch Below the Marcellus Shale lies the provide essential habitat for juvenile and Hamilton 2002, p. 1) and were Utica Shale, which also holds a mussels. When they are clogged, summarized by Feminella and Walsh significant amount of natural gas interstitial flow rates and spaces may (2005, pp. 585–587). Developmental (http://geology.com 2011). The Utica become reduced (Brim Box and Mossa activities may impact streams and their Shale is thicker than the Marcellus, it is 1999, p. 100), thus reducing juvenile mussel fauna where adequate more geographically extensive, and it habitat availability. The rayed bean streamside buffers are not maintained has already proven its ability to support burrows deep into interstitial substrates, and erosion of impacted land is allowed commercial production (http:// making it particularly susceptible to to enter streams (Brainwood et al. 2006, geology.com 2011). Extraction of natural degradation of this habitat. Sediment p. 511). Types of development may gas from the Utica Shale would employ may act as a vector for delivering include highway construction, parking

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lots, building construction, general construction), and indirect effects could become impacted and possibly infrastructure (e.g., utilities, sewer (development associated with highway extirpated by over-collecting, systems), and recreation facilities. presence) (Angermeier et al. 2004, pp. particularly if this activity is Factors impacting rayed bean and 21–24). Culverts act as barriers to fish unregulated. Native Americans were snuffbox populations in urban and passage (Wheeler et al. 2005, p. 149), known to harvest the rayed bean for suburban areas include lawn care particularly by increasing flow velocity food, but because of its size, utilization chemicals (Conners and Black 2004, pp. (Warren and Pardew 1998, p. 637). rates were very low (Bogan 1990, p. 366–367), sedimentation, toxic Stream channels become destabilized 134). Localized declines of snuffbox effluents, domestic sewage, road salts, when culverted or improperly bridged from use as bait by fishermen have been and general runoff. by interrupting the transport of woody noted (Cumberland River; Wilson and Impervious surfaces are detrimental to debris, substrate, and water (Wheeler et Clark 1914, p. 45), although it is mussel habitat by altering various al. 2005, p. 152). unlikely that exploitation activities have hydrological factors, including: Anthropogenic activities can lower eliminated any snuffbox populations. Increased volumes of flow, annual flow water tables, making rayed bean, On the basis of the best scientific and rates, peak flows and duration, and snuffbox, and other mussel populations commercial data available, we find that temperature; decreased base flow; and susceptible to depressed flow levels. overutilization for commercial, changes in sediment loadings (Galli Water withdrawals for irrigation, recreational, scientific, or educational 1991, p. 28; EPA 1997, p. 4; DeWalle et municipal, and industrial water purposes is currently not a threat to the al. 2000, p. 2655; Myers-Kinzie et al. supplies are an increasing concern. rayed bean or snuffbox in any portion of 2002, p. 822). These factors result in United States water consumption their range or likely to become a flooding, erosion, channel widening, doubled from 1960 to 2000 and is likely significant threat in the foreseeable altered streambeds, channel instability, to increase further (Naiman and Turner future. riparian and instream habitat loss, and 2000, p. 960). Therefore, we anticipate loss of fish populations (EPA 1997, p. water withdrawals and potential stream C. Disease or Predation 4). As little as 10 percent of a watershed dewatering to be a threat to rayed bean Little is known about diseases in being impervious can cause channel and snuffbox in the foreseeable future. freshwater mussels (Grizzle and Summary of Factor A: We have instability and a host of other stream Brunner 2007, p. 2). However, mussel identified a number of threats to the habitat effects (Booth 1991, p. 98; Booth die-offs have been documented in rayed habitat of the rayed bean and snuffbox and Reinelt 1993, p. 549). Impervious bean and snuffbox streams (Neves 1986, surfaces may reduce sediment input which have operated in the past, are p. 9), and some researchers believe that into streams but result in channel impacting the species now, and will disease may be a factor contributing to instability by accelerating stormwater continue to impact the species in the the die-offs (Buchanan 1986, p. 53; runoff, which increases bank erosion foreseeable future. On the basis of this Neves 1986, p. 11). Mussel parasites and bed scouring (Brim Box and Mossa analysis, we find that the present and include water mites, trematodes, 1999, p. 103). Stream channels become threatened destruction, modification, or oligochaetes, leeches, copepods, highly unstable as they respond to curtailment of the species’ habitats are bacteria, and protozoa (Grizzle and increased flows by eroding a groove in a threat to the rayed bean and snuffbox Brunner 2007, p. 2). Generally, parasites the bottom of the channel (incising), throughout all of their range. Based on are not suspected of being a major which increases the force of the water our analysis of the best available data, against the channel (shear stress) and we determine that the present or limiting factor (Oesch 1984, p. 16), but bed mobilization (Doyle et al. 2000, p. threatened destruction, modification, or a study provides contrary evidence. 156). Hydrological variability influences curtailment of rayed bean or snuffbox Reproductive output and physiological the distribution of mussels in streams, habitat will not change in the condition were negatively correlated with distinct communities associated foreseeable future. The decline of the with mite and trematode abundance, with hydrologically flashy and freshwater mussels in the eastern respectively (Butler 2007, p. 88). hydrologically stable streams (Di Maio United States is primarily the result the Stressors that reduce fitness may make and Corkum 1995, p. 669). High shear long-lasting effects of habitat alterations mussels more susceptible to parasites stress, peak flows, and substrate such as impoundments, channelization, (Butler 2007, p. 90). Furthermore, movement limit mussel communities, chemical contaminants, mining, and nonnative mussels may carry diseases reduce abundance (particularly for sedimentation. Although efforts have and parasites that are potentially juveniles), and increasingly dislodge been made to restore habitat in some devastating to native mussel fauna, mussels and move them downstream areas, the long-term effects of large-scale including rayed bean and snuffbox (Layzer and Madison 1995, p. 337; and wide-ranging habitat modification, (Strayer 1999b, p.88). Myers-Kinzie et al. 2002, p. 822; destruction, and curtailment will last far The muskrat (Ondatra zibethicus) is Gangloff and Feminella 2007, p. 70). into the foreseeable future. cited as the most prevalent mussel Recruitment is also significantly predator (Kunz 1898, p. 328; Hanson et B. Overutilization for Commercial, reduced in high discharge years al. 1989, p. 15). Muskrat predation may Recreational, Scientific, or Educational (Howard and Cuffey 2006, p. 688). Most limit the recovery potential of Purposes rayed bean and snuffbox streams have endangered mussels or contribute to been impacted by general The rayed bean and snuffbox are not local extirpations of previously stressed developmental activities and increased commercially valuable species. Rare populations, according to Neves and impervious surface levels (Butler 2002, species like the rayed bean and snuffbox Odom (1989, p. 940), but they consider p. 25; Butler 2007, p. 88). may increasingly be sought by lay and it primarily a seasonal or localized All rayed bean or snuffbox streams are experienced collectors. Most stream threat. The snuffbox ranked fourth crossed by bridges and roads. Effects reaches inhabited by these species are among 12 species in a St. Croix River from these structures were reviewed by restricted, and the populations are muskrat midden (shell pile), being Wheeler et al. (2005). Categories of generally small. Although scientific nearly four times more abundant than in impacts include primary effects collecting is not thought to represent a quantitative surveys (Tyrrell and (construction), secondary effects (post- significant threat, localized populations Hornbach 1998, p. 304). Mussel

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numbers were too low to determine allow bare earth to enter streams (The fish have an indirect impact by selectivity indices or statistics. Nature Conservancy 2004, p. 13). contributing to reduced recruitment Muskrats were not thought to be a Current Federal and State laws do not (Watters 1996, p. 83; Khym and Layzer threat to the rayed bean by West et al. adequately protect rayed bean and 2000, p. 183). Factors associated with (2000, pp. 255–256), due to their general snuffbox habitat from nonpoint source climate change likely to affect regional selection of mussels larger than 1.4–1.6 pollution, as the laws to prevent mussel populations include changes in in (3.6–4.1 cm) long (Convey et al. 1989, sediment entering waterways are poorly stream temperature regimes and p. 656; Hanson et al. 1989, p. 24). Neves enforced. Best management practices for precipitation levels that may indirectly and Odom (1989, pp. 938–939) also sediment and erosion control are often result in reduced habitat and declines in noted that muskrats did not select for recommended or required by local host fish stocks (Hastie et al. 2003, p. small mussels. Nevertheless, some ordinances for construction projects; 44). Remedial (such as flood control muskrat predation on the rayed bean however, compliance, monitoring, and structures) and preventative (for has recently been documented in enforcement of these recommendations example, more renewable energy from Cassadaga Creek, New York, but is are often poorly implemented. hydroelectric facilities to reduce generally considered insignificant Furthermore, there are currently no greenhouse gas emissions) measures to (Butler 2002, p. 26). requirements within the scope of address climate change issues (Hastie et Other mammals (raccoon (Procyon Federal environmental laws to al. 2003, p. 45) may impact rayed bean lotor), mink (Mustela vison), river otter specifically consider the rayed bean or and snuffbox populations in the future. (Lutra canadensis), striped skunk snuffbox during Federal activities, or to Population Fragmentation and (Mephitis mephitis), hog (Sus scrofa), rat ensure that Federal projects will not Isolation—The majority of the (Rattus spp.)), amphibians (hellbender jeopardize their continued existence. remaining populations of the rayed bean (Cryptobranchus alleganiensis)), turtles, Point source discharges within the and snuffbox are generally small and aquatic birds, and fishes (freshwater range of the rayed bean and snuffbox geographically isolated. The patchy drum (Aplodinotus grunniens), redear have been reduced since the inception distributional pattern of populations in sunfish (Lepomis microlophus)) feed on of the Clean Water Act (33 U.S.C. 1251 short river reaches makes them much mussels (Kunz 1898, p. 328; Meek and et seq.), but this may not provide more susceptible to extirpation from Clark 1912, p. 6; Neck 1986, p. 64; adequate protection for filter-feeding single catastrophic events, such as toxic Tyrrell and Hornbach 1998, p. 301). organisms that can be impacted by chemical spills (Watters and Dunn Hydra, non-biting midge larvae, extremely low levels of contaminants 1993–94, p. 257). Furthermore, this dragonfly larvae, crayfish, and (see Chemical Contaminants discussion level of isolation makes natural especially flatworms are invertebrate under Factor A). There is no specific repopulation of any extirpated predators on newly metamorphosed information on the sensitivity of the population unlikely without human juveniles (Zimmerman and Neves 2003, rayed bean and snuffbox to common intervention. Population isolation p. 28; Klocker and Strayer 2004, p. 174). industrial and municipal pollutants and prohibits the natural interchange of However, the overall threat posed by very little information on other genetic material between populations, these predators on the rayed bean and freshwater mussels. Therefore, it and small population size reduces the snuffbox is not considered significant. appears that a lack of adequate research reservoir of genetic diversity within Studies indicate that, in some and data prevents existing regulations, populations, which can lead to localized areas, disease and predation such as the Clean Water Act inbreeding depression (Avise and may have negative impacts on mussel (administered by the EPA and the U.S. Hambrick 1996, p. 461). populations. However, based on our Army Corps of Engineers), from being The Scioto River system provides a analysis of the best available scientific fully used or effective. good example of the impacts of and commercial data available, we find Despite these existing regulatory population fragmentation and isolation. that neither disease nor predation is a mechanisms, the rayed bean and Historically, the rayed bean and significant threat to the overall status of snuffbox continue to decline due to the snuffbox were widespread and locally rayed bean or snuffbox, and we effects of habitat destruction, poor water abundant in the mainstem and determine that these are not likely to quality, contaminants, and other factors. numerous tributaries. The Scioto River become significant threats in the We find that these regulatory measures became highly contaminated over a foreseeable future. have been insufficient to significantly century ago (Trautman 1981, p. 33; reduce or remove the threats to the Yoder et al. 2005, p. 410), and these D. The Inadequacy of Existing rayed bean and snuffbox and, therefore, species eventually died out in the Regulatory Mechanisms that the inadequacy of existing mainstem and most tributaries. The Most States with extant rayed bean regulatory mechanisms is a threat to population segments that persist have and snuffbox populations prohibit these species throughout all of their become increasingly isolated due to collection of mussels without a State range. impoundments and other factors; all are collecting permit. However, Based on our analysis of the best very small, highly fragmented, and enforcement of this permit requirement available scientific and commercial appear to be on a trend towards is difficult. Until recently, it was legal data, we do not find that the extirpation. to collect 50 mussels per day for use as aforementioned regulations, which Many rayed bean and snuffbox fish bait in Pennsylvania. This practice currently do not offer adequate populations are potentially below the was banned by a Pennsylvania Fish and protection to the rayed bean and effective population size (EPS) required Boat Commission final rulemaking, snuffbox, will be improved in the to maintain genetic heterogeneity and effective January 1, 2011 (Welte 2011, foreseeable future. population viability (Soule´ 1980, p. pers. comm.; 40 Pennsylvania Bulletin 162). The EPS is the number of 7233). E. Other Natural or Manmade Factors individuals in a population who Sources of nonpoint source pollution Affecting Their Continued Existence contribute offspring to the next include timber clearcutting, clearing of Other factors have played a role in the generation. Isolated populations riparian vegetation, urbanization, road decline of rayed bean and snuffbox eventually die out when population size construction, and other practices that populations. Reduced numbers of host drops below the EPS or below the

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number of individuals needed to sustain Another way zebra mussels may mussels are already in decline (Strayer the population. Recruitment reduction impact native mussels is by filtering 1999b, p. 82; Vaughn and Spooner 2006, or failure is a potential problem for native mussel sperm and possibly p. 332) and does not appear be a many small rayed bean and snuffbox glochidia from the water column, thus causative factor in the decline of populations rangewide, a condition reducing reproductive potential. Habitat mussels in dense beds. However, an likely exacerbated by their reduced for native mussels may also be degraded Asian clam population that thrives in range and increasingly isolated by large deposits of zebra mussel previously stressed, sparse mussel populations. Evidence of recruitment pseudofeces (undigested waste material populations can exacerbate unionid has not been documented in many passed out of the incurrent siphon) imperilment through competition and populations, indicating that recruitment (Vaughan 1997, p. 11). impeding mussel population expansion reduction or outright failure is possible. Zebra mussels are thoroughly (Vaughn and Spooner 2006, p. 335). Many populations of both species may established in the Great Lakes drainages The round goby (Neogobius be experiencing the bottleneck effect of and much of the Ohio River system, melanostomus) is another exotic fish not attaining EPS. This is supported by overlapping much of the current range species released into the Great Lakes research by Zanatta and Murphy (2008, of the rayed bean and snuffbox. Zebra that is well established and likely to pp. 378–381) that suggests strong mussels have eliminated populations of spread through the Mississippi River genetic isolation among snuffbox the rayed bean in Lakes Erie and system (Strayer 1999b, pp. 87–88). This populations. Small, isolated, below- Tippecanoe and the Detroit River. The species is an aggressive competitor of EPS-threshold populations of short- greatest current potential for zebra similar sized benthic fish (sculpins, lived species (most host fishes) mussels to impact the rayed bean and darters), as well as a voracious carnivore theoretically die out within a decade or snuffbox are in the Lake St. Clair despite its size (less than 10 in (25.4 cm) so, while below-threshold populations drainages, Allegheny River, Tippecanoe in length) that preys on a variety of of long-lived species (like the rayed River, French Creek, and Lake foods, including small mussels and bean and snuffbox) might take decades Maxinkuckee. In addition, there is long- fishes that could serve as glochidial to die out, even given years of total term potential for zebra mussel hosts (Strayer 1999b, p. 88; Janssen and recruitment failure. invasions into other systems that Jude 2001, p. 325). Round gobies may We find that fragmentation and currently harbor rayed bean and therefore have indirect effects on the isolation of small, remaining snuffbox populations. Significant, but rayed bean and snuffbox through highly fluctuating, zebra mussel negative impacts to their host fishes. populations of the rayed bean and populations remain largely restricted to The black carp (Mylopharyngodon snuffbox are current and ongoing threats navigational waterways, although piceus) is native to eastern Asia and a to both species throughout all of their smaller streams have also had their potential threat to the rayed bean and range that will continue into the native mussel fauna virtually eliminated snuffbox (Strayer 1999b, p. 89). Nico et foreseeable future. by zebra mussels (Martel et al. 2001, p. al. (2005) prepared a risk assessment of Exotic Species—Various exotic or 2188). However, zebra mussels are not this species and summarized all known nonnative species of aquatic organisms always a serious threat to rayed bean aspects of its ecology, life history, and are firmly established in the range of the and snuffbox (Tippecanoe River, Fisher intentional introduction (since the rayed bean and snuffbox. The exotic 2005, pers. comm.; Clinton River, Butler 1970s) into North America. A species that poses the most significant 2007, p. 94; French Creek, Butler 2007, molluscivore, the black carp has been threat to the rayed bean and snuffbox is p. 94). At least two of the stronghold known to feed on unionids (bivalve the zebra mussel (Dreissena snuffbox populations (Wolf River and mussels) and is proposed for polymorpha). The invasion of the zebra French Creek) presently have low widespread use by aquaculturists to mussel poses a threat to the mussel numbers of zebra mussels. control snails, the intermediate host of fauna in many regions, and species The Asian clam (Corbicula fluminea) a trematode (flatworm) parasite infesting extinctions are expected as a result of its has spread throughout the range of the catfish in culture ponds. They are the continued spread in the eastern United rayed bean and snuffbox since its largest of the Asian carp species, States (Ricciardi et al. 1998, p. 616). introduction in the mid-1900s. Asian reaching 5 feet (1.5 meters) in length Strayer (1999b, pp. 77–80) reviewed in clams compete with native mussels, and achieving a weight in excess of 150 detail the mechanisms by which zebra especially juveniles, for food, nutrients, pounds (68 kilograms (kg)) (Nico et al. mussels impact native mussels. The and space (Neves and Widlak 1987, p. 2005, p. 25). Foraging rates for a 4-year- primary means of impact is direct 6; Leff et al. 1990, p. 415) and may old fish average 3 or 4 pounds (1.4–1.8 fouling of the shells of live native ingest sperm, glochidia, and newly kg) a day, indicating that a single mussels. Zebra mussels attach in large metamorphosed juveniles of native individual could consume 10 tons numbers to the shells of live native mussels (Strayer 1999b, p. 82; Yeager et (9,072 kg) of native mollusks over its mussels and are implicated in the loss al. 2001, p. 257). Dense Asian clam lifetime (MICRA 2005, p. 1). Several of entire native mussel beds. Fouling populations actively disturb sediments black carp escaped from an aquaculture impacts include impeding locomotion that may reduce habitat for juvenile facility in Missouri during a flood in (both laterally and vertically), mussels (Strayer 1999b, p. 82). 1994, and a fish was caught a few years interfering with normal valve Asian clam densities vary widely in later in southern Illinois. The escape of movements, deforming valve margins, the absence of native mussels or in nonsterile black carp is considered and locally depleting food resources and patches with sparse mussel imminent by conservation biologists increasing waste products. Heavy concentrations, but clam density is (Butler 2007, pp. 95–96). The black carp infestations of zebra mussels on native never high in dense mussel beds, was officially added to the Federal list mussels may overly stress the animals indicating that the clam is unable to of injurious wildlife species on October by reducing their energy stores. Zebra successfully invade small-scale habitat 18, 2007 (72 FR 59019). mussels may also reduce food patches with high unionid biomass Another exotic species that has the concentrations to levels too low to (Vaughn and Spooner 2006, p. 335). The potential to impact the rayed bean and support native mussel reproduction, or invading clam therefore appears to snuffbox is Didymosphenia geminate, a even survival, in extreme cases. preferentially invade sites where diatom commonly known as ‘‘didymo’’

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or ‘‘rock snot.’’ This species, native to natural repopulation of extirpated (Dreissena polymorpha) (Butler 2002, p. portions of North America, has recently populations unlikely without human 27; 2007, p. 93). expanded its range, and has begun intervention. Furthermore, many of the Determination occurring in large nuisance blooms that remaining populations are likely below can dominate stream surfaces by the EPS, making future extirpations Section 3 of the Act defines an covering 100 percent of the substrate likely within the foreseeable future. In endangered species as any species that (USFWS 2010, pp. 17–18). Such addition, various exotic species are well is ‘‘in danger of extinction throughout dramatic alterations to streambed established with the range of the rayed all or a significant portion of its range’’ surfaces alone has the potential to bean and snuffbox. Exotic species, and a threatened species as any species directly affect embedded mussels and including the zebra mussel, Asian clam, that ‘‘is likely to become an endangered indirectly affect the ability of mussels to round goby, and black carp, threaten the species within the foreseeable future complete their life cycles by modifying rayed bean and snuffbox, or their host throughout all or a significant portion of the habitat of their host fish. Didymo fish, or both, through mechanisms such its range.’’ We find that the rayed bean has been found in the Elk River in West as habitat modification, competition, and snuffbox are presently in danger of Virginia, a stream that currently and predation. extinction throughout their entire range, supports both a snuffbox and rayed bean Summary of Threats based on the immediacy, severity, and population. The extent of the didymo extent of the threats described above. range in the Elk River currently appears The decline of the rayed bean and Although there are ongoing attempts to to be upstream of the rayed bean and snuffbox (described by Butler 2002, alleviate some threats, there appear to snuffbox occurrences. However, the 2007) is primarily the result of habitat be no populations without current potential for didymo to spread loss and degradation (Neves 1991, p. significant threats and many threats are downstream poses a threat to both 252). These losses have been well without obvious or readily available mussel species. documented since the mid-19th century solutions. On the basis of the best Another exotic species that has (Higgins 1858, p. 551). Chief among the available scientific and commercial recently been found within the range of causes of decline are impoundments, data, the rayed bean and snuffbox meet channelization, chemical contaminants, the snuffbox is golden algae the definition of endangered species mining, and sedimentation (Neves 1991, (Prymnesium parvum) (USEPA 2009, p. under the Act, rather than threatened pp. 260–261; 1993, pp. 4–5; Williams et 2). Golden algae is a saltwater algae with species, because the significant threats al. 1993, p. 7; Neves et al. 1997, pp. 60– blooms associated with increased are occurring now, making these species 72; Watters 2000, p. 269). These salinity. In 2009, an aquatic life kill in in danger of extinction at the present stressors have had profound impacts on Dunkard Creek in Pennsylvania and time. Therefore, endangered status is rayed bean and snuffbox populations West Virginia was attributed to bloom of appropriate for the rayed bean and this algae in response to high levels of and their habitat. Current Federal and State laws do not snuffbox in accordance with sections total dissolved solids, possibly 3(6) and 4(a)(1) of the Act. stemming from briny discharges from an adequately protect rayed bean and underground coal mine (USEPA 2009, snuffbox from non-point source Under the Act and our implementing pp. 1–3). The toxic event is thought to pollution. The lack of information on regulations, a species may warrant have eliminated the snuffbox from the sensitivity of the rayed bean and listing if it is endangered or threatened Dunkard Creek (Clayton 2009, pers. snuffbox to point source discharges of throughout all or a significant portion of comm.; USEPA 2009, p. 5). common industrial and municipal its range. Threats to the rayed bean and Additional exotic species will pollutants prevents existing regulations, snuffbox occur throughout their ranges. invariably become established in the such as the Clean Water Act, from being Therefore, we assessed the status of the United States in the foreseeable future fully used or effective. Despite the species throughout their entire ranges. (Strayer 1999b, pp. 88–89). These existing regulatory mechanisms, the The threats to the survival of the species include Limnoperna fortunei, a rayed bean and snuffbox continue to occur throughout the species’ ranges biofouling mussel (an animal that decline due to the effects of habitat and are not restricted to any particular undesirably accumulates on wetted destruction, poor water quality, significant portion of those ranges. surfaces), from southeast Asia that has contaminants, and other factors. Accordingly, our assessment and already spread to Japan and South The majority of the remaining determination applies to the species America, and ‘‘probably will have populations of the rayed bean and throughout their entire ranges. snuffbox are generally small and strong effects’’ on native mussels Available Conservation Measures (Strayer 1999b, p. 89). Furthermore, geographically isolated (Butler 2002, p. exotic species could carry diseases and 26; 2007, p. 92). The patchy Conservation measures provided to parasites that may be devastating to the distributional pattern of populations in species listed as endangered or native biota. Because of our ignorance of short river reaches makes those threatened under the Act include mollusk diseases and parasites, ‘‘it is populations much more susceptible to recognition, recovery actions, imprudent to conclude that alien extirpation from single catastrophic requirements for Federal protection, and diseases and parasites are unimportant’’ events, such as toxic chemical spills prohibitions against certain practices. (Strayer 1999b, p. 88). Exotic species, (Watters and Dunn 1993–94, p. 257). Recognition through listing results in such as those described above, are an Furthermore, this level of isolation public awareness and conservation by ongoing threat to the rayed bean and makes natural repopulation of any Federal, State, Tribal, and local snuffbox—a threat that is likely to extirpated population virtually agencies, private organizations, and increase as these exotic species expand impossible without human intervention. individuals. The Act encourages their occupancy within the range of the Various nonnative species of aquatic cooperation with the States and requires rayed bean and snuffbox. organisms are firmly established in the that recovery actions be carried out for Summary of Factor E: The majority of range of the rayed bean and snuffbox; all listed species. The protection the remaining populations of the rayed however, the exotic species that poses required by Federal agencies and the bean and snuffbox are generally small the most significant threat to the rayed prohibitions against certain activities and geographically isolated, making bean and snuffbox is the zebra mussel are discussed, in part, below.

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The primary purpose of the Act is the requires cooperative conservation efforts development, water withdrawal conservation of endangered and on private, State, and Tribal lands. projects, pesticide registration, threatened species and the ecosystems Once a species is listed, funding for agricultural assistance programs, upon which they depend. The ultimate recovery actions will be available from mining, road and bridge construction, goal of such conservation efforts is the a variety of sources, including Federal and Federal loan programs. Activities recovery of these listed species, so that budgets, State programs, and cost share will trigger consultation under section 7 they no longer need the protective grants for non-Federal landowners, the of the Act if they may affect the rayed measures of the Act. Subsection 4(f) of academic community, and bean or snuffbox, or both species, the Act requires the Service to develop nongovernmental organizations. addressed in this final rule. and implement recovery plans for the Additionally, under section 6 of the Act, Jeopardy Standard conservation of endangered and we would be able to grant funds to the threatened species. The recovery States of Illinois, Indiana, Kentucky, Prior to and following listing and planning process involves the Michigan, New York, Ohio, designation of critical habitat, if prudent identification of actions that are Pennsylvania, Tennessee, Virginia, and and determinable, the Service applies necessary to halt or reverse the species’ West Virginia for management actions an analytical framework for jeopardy decline by addressing the threats to its promoting the conservation of the rayed analyses that relies heavily on the survival and recovery. The goal of this bean and to the States of Alabama, importance of core area populations to process is to restore listed species to a Arkansas, Illinois, Indiana, Iowa, the survival and recovery of the species. point where they are secure, self- Kansas, Kentucky, Michigan, The section 7(a)(2) analysis is focused sustaining, and functioning components Minnesota, Mississippi, Missouri, New not only on these populations but also of their ecosystems. York, Ohio, Pennsylvania, Tennessee, on the habitat conditions necessary to Recovery planning includes the Virginia, West Virginia, and Wisconsin support them. development of a recovery outline for the conservation of the snuffbox. The jeopardy analysis usually shortly after a species is listed, Information on our grant programs that expresses the survival and recovery preparation of a draft and final recovery are available to aid species recovery can needs of the species in a qualitative plan, and revisions to the plan as be found at: http://www.fws.gov/grants. fashion without making distinctions significant new information becomes Please let us know if you are between what is necessary for survival available. The recovery outline guides interested in participating in recovery and what is necessary for recovery. the immediate implementation of urgent efforts for these species. Additionally, Generally, if a proposed Federal action recovery actions and describes the we invite you to submit any new is incompatible with the viability of the process to be used to develop a recovery information on these species whenever affected core area populations(s), plan. The recovery plan identifies site- it becomes available and any inclusive of associated habitat specific management actions that will information you may have for recovery conditions, a jeopardy finding is achieve recovery of the species, planning purposes. Please send it to the considered to be warranted, because of measurable criteria that guide when a street address provided in the the relationship of each core area species may be downlisted or delisted, ADDRESSES section. population to the survival and recovery and methods for monitoring recovery Section 7(a) of the Act requires of the species as a whole. Federal agencies to evaluate their progress. Recovery plans also establish Section 9 Take a framework for agencies to coordinate actions with respect to any species that their recovery efforts and provide is proposed or listed as endangered or The Act and implementing estimates of the cost of implementing threatened and with respect to its regulations set forth a series of general recovery tasks. Recovery teams critical habitat, if any is being prohibitions and exceptions that apply (comprised of species experts, Federal designated. Regulations implementing to all endangered and threatened and State agencies, non-government this interagency cooperation provision wildlife. With this final rule listing the organizations, and stakeholders) are of the Act are codified at 50 CFR part rayed bean and snuffbox as endangered, often established to develop recovery 402. Section 7(a)(4) requires Federal these prohibitions are applicable to the plans. When completed, the recovery agencies to confer informally with us on rayed bean and snuffbox. The outline, draft recovery plan, and the any action that is likely to jeopardize prohibitions of section 9(a)(2) of the Act, final recovery plan will be available on the continued existence of a proposed codified at 50 CFR 17.21 for endangered our Web site (http://www.fws.gov/ species or result in destruction or wildlife, in part, make it illegal for any endangered), or from our Columbus adverse modification of proposed person subject to the jurisdiction of the Ecological Services Field Office (see FOR critical habitat. If a species is listed United States to take (includes harass, FURTHER INFORMATION CONTACT). subsequently, section 7(a)(2) of the Act harm, pursue, hunt, shoot, wound, kill, Implementation of recovery actions requires Federal agencies to ensure that trap, capture, or collect, or to attempt generally requires the participation of a activities they authorize, fund, or carry any of these), import or export, deliver, broad range of partners, including other out are not likely to jeopardize the receive, carry, transport, or ship in Federal agencies, States, Tribal, non- continued existence of such species or interstate or foreign commerce in the governmental organizations, businesses, to destroy or adversely modify its course of commercial activity, or sell or and private landowners. Examples of critical habitat. If a Federal action may offer for sale in interstate or foreign recovery actions include habitat affect a listed species or its critical commerce any listed species. It also is restoration (e.g., restoration of native habitat, the responsible Federal agency illegal to possess, sell, deliver, carry, vegetation), research, captive must enter into formal consultation with transport, or ship any such wildlife that propagation and reintroduction, and us. has been taken illegally. Further, it is outreach and education. The recovery of Federal agency actions that may illegal for any person to attempt to many listed species cannot be require conference or consultation as commit, to solicit another person to accomplished solely on Federal lands described in the preceding paragraph commit, or to cause to be committed, because their range may occur primarily include the issuance of permits for any of these acts. Certain exceptions or solely on non-Federal lands. To reservoir construction, stream apply to our agents and State achieve recovery of these species alterations, wastewater facility conservation agencies.

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We may issue permits to carry out shipping in interstate or foreign ‘‘Conservation’’ is defined in section 3 otherwise prohibited activities commerce any rayed bean or snuffbox. of the Act as meaning the use of all involving endangered wildlife under (3) Unauthorized destruction or methods and procedures needed to certain circumstances. We codified the alteration of the species’ habitat bring the species to the point at which regulations governing permits for (instream dredging, channelization, listing under the Act is no longer endangered species at 50 CFR 17.22. impoundment, streambank clearing, necessary. Such permits are available for scientific discharge of fill material) that actually Critical habitat receives protection purposes, to enhance the propagation or kills or injures individual rayed bean or under section 7 of the Act through the survival of the species, or for incidental snuffbox by significantly impairing their prohibition against Federal agencies take in the course of otherwise lawful essential behavioral patterns, including carrying out, funding, or authorizing the activities. breeding, feeding, or sheltering. destruction or adverse modification of It is our policy, published in the (4) Violation of any discharge or water critical habitat. Section 7(a)(2) requires Federal Register on July 1, 1994 (59 FR withdrawal permit within these species’ consultation on Federal actions that 34272), to identify, to the maximum occupied ranges that results in the death may affect critical habitat. The extent practicable at the time a species or injury of individual rayed bean or designation of critical habitat does not is listed, those activities that would or snuffbox by significantly impairing their affect land ownership or establish a would not constitute a violation of essential behavioral patterns, including refuge, wilderness, reserve, preserve, or section 9 of the Act and associated breeding, feeding, or sheltering. other conservation area. Such regulations at 50 CFR 17.21. The intent (5) Discharge or dumping of toxic designation does not allow the of this policy is to increase public chemicals or other pollutants into government or public to access private awareness of the effect of this final waters supporting the species that lands. Such designation does not listing on proposed and ongoing actually kills or injures individual rayed require implementation of restoration, activities within a species’ range. We bean or snuffbox by significantly recovery, or enhancement measures by determine, based on the best available impairing their essential behavioral non-Federal landowners. Where a data, that the following actions will not patterns, including breeding, feeding, or landowner seeks or requests Federal result in a violation of the provisions of sheltering. agency funding or authorization for an section 9 of the Act, provided these We will review other activities not action that may affect a listed species or actions are carried out in accordance identified above on a case-by-case basis critical habitat, the consultation with existing regulations and permit to determine whether they may be likely requirements of section 7(a)(2) of the requirements: to result in a violation of section 9 of the Act would apply, but even in the event (1) Activities authorized, funded, or Act. We do not consider these lists to be of a destruction or adverse modification carried out by Federal agencies (e.g., exhaustive and provide them as finding, the Federal action agency’s and bridge and highway construction, information to the public. the applicant’s obligation is not to pipeline construction, hydropower You should direct questions regarding restore or recover the species, but to licensing), when such activities are whether specific activities may implement reasonable and prudent conducted in accordance with the constitute a future violation of section 9 alternatives to avoid destruction or consultation and planning requirements of the Act to the Field Supervisor of the adverse modification of critical habitat. for listed species under section 7 of the Service’s Columbus Ecological Services For inclusion in a critical habitat Act. Field Office (see ADDRESSES section). designation, the habitat within the (2) Any action carried out for Requests for copies of regulations geographical area occupied by the scientific research or to enhance the regarding listed species and inquiries species at the time it was listed must propagation or survival of the rayed about prohibitions and permits should contain the physical and biological bean or snuffbox that is conducted in be addressed to the U.S. Fish and features essential to the conservation of accordance with the conditions of a 50 Wildlife Service, Ecological Services the species, and be included only if CFR 17.22 permit. Division, 5600 American Blvd. West, those features may require special (3) Any incidental take of rayed bean Suite 990, Bloomington, MN 55437 management considerations or or snuffbox resulting from an otherwise (Phone 612–713–5350; Fax 612–713– protection. Critical habitat designations lawful activity conducted in accordance 5292). identify, to the extent known using the with the conditions of an incidental take Critical Habitat best scientific and commercial data permit issued under 50 CFR 17.22. Non- available, habitat areas that provide Federal applicants may design a habitat Background essential life cycle needs of the species conservation plan (HCP) for the species Critical habitat is defined in section 3 (areas on which are found the physical and apply for an incidental take permit. of the Act as: and biological features (PBFs) laid out HCPs may be developed for listed (i) The specific areas within the in the appropriate quantity and spatial species and are designed to minimize geographical area occupied by a species, arrangement for the conservation of the and mitigate impacts to the species to at the time it is listed in accordance species). Under the Act and regulations the greatest extent practicable. with the Act, on which are found those at 50 CFR 424.12, we can designate We determine that the following physical or biological features critical habitat in areas outside the activities would be likely to result in a (I) essential to the conservation of the geographical area occupied by the violation of section 9 of the Act; species and species at the time it is listed only when however, possible violations are not (II) that may require special we determine that those areas are limited to these actions alone: management considerations or essential for the conservation of the (1) Unauthorized killing, collecting, protection; and species and that designation limited to handling, or harassing of individual (ii) Specific areas outside the those areas occupied at the time of rayed bean or snuffbox, or both species, geographical area occupied by a species listing would be inadequate to ensure at any life stage. at the time it is listed, upon a the conservation of the species. (2) Sale or offer for sale of rayed bean determination that such areas are Section 4 of the Act requires that we or snuffbox in addition to delivering, essential for the conservation of the designate critical habitat on the basis of receiving, carrying, transporting, or species. the best scientific and commercial data

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available. Further, our Policy on other species conservation planning locations and the key physical and Information Standards Under the efforts if new information available at biological features of those habitats. In Endangered Species Act (published in the time of these planning efforts calls the case of the rayed bean and snuffbox, the Federal Register on July 1, 1994 (59 for a different outcome. these aspects of critical habitat FR 34271)), the Information Quality Act designation would potentially benefit Prudency Determination (section 515 of the Treasury and General the conservation of the species. Government Appropriations Act for Section 4(a)(3) of the Act, as Therefore, as we have determined that Fiscal Year 2001 (Pub. L. 106–554; H.R. amended, and implementing regulations the designation of critical habitat will 5658)), and our associated Information (50 CFR 424.12), require that, to the not likely increase the degree of threat Quality Guidelines, provide criteria, maximum extent prudent and to these species and may provide some establish procedures, and provide determinable, we designate critical measure of benefit, we find that guidance to ensure that our decisions habitat at the time we determine that a designation of critical habitat is prudent are based on the best scientific data species is endangered or threatened. for the rayed bean and snuffbox. available. They require our biologists, to Our regulations (50 CFR 424.12(a)(1)) However, a designation of critical the extent consistent with the Act and state that the designation of critical habitat would be limited to lands within with the use of the best scientific data habitat is not prudent when one or both the jurisdiction of the United States and available, to use primary and original of the following situations exist: (1) The not include stream reaches in Canada sources of information as the basis for species is threatened by taking or other (50 CFR 424.12(h)). recommendations to designate critical human activity, and identification of habitat. critical habitat can be expected to Critical Habitat Determinability When we are determining which areas increase the degree of threat to the As stated above, section 4(a)(3) of the should be designated as critical habitat, species, or (2) such designation of Act requires the designation of critical our primary source of information is critical habitat would not be beneficial habitat concurrently with the species’ generally the information developed to the species. listing ‘‘to the maximum extent prudent during the listing process for the There is currently no imminent threat and determinable.’’ Our regulations at species. Additional information sources of take attributed to collection or 50 CFR 424.12(a)(2) state that critical may include the recovery plan for the vandalism under Factor B habitat is not determinable when one or species, articles in peer-reviewed (overutilization for commercial, both of the following situations exist: journals, conservation plans developed recreational, scientific, or educational (i) Information sufficient to perform by States and counties, scientific status purposes) for the rayed bean or required analyses of the impacts of the surveys and studies, biological snuffbox, and identification of critical designation is lacking, or assessments, or other unpublished habitat is not expected to initiate such (ii) The biological needs of the species materials and expert opinion or a threat. In the absence of finding that are not sufficiently well known to personal knowledge. the designation of critical habitat would permit identification of an area as Habitat is often dynamic, and species increase threats to a species, if there are critical habitat. may move from one area to another over any benefits to a critical habitat When critical habitat is not time. Furthermore, we recognize that designation, then a prudent finding is determinable, the Act provides for an critical habitat designated at a particular warranted. The potential benefits additional year to publish a critical point in time may not include all of the include: (1) Triggering consultation habitat designation (16 U.S.C. habitat areas that we may later under section 7(a)(2) of the Act in new 1533(b)(6)(C)(ii)). determine are necessary for the recovery areas for actions in which there may be In accordance with sections 3(5)(A)(i) of the species. For these reasons, a a Federal nexus where it would not and 4(b)(1)(A) of the Act and regulations critical habitat designation does not otherwise occur because the species at 50 CFR 424.12, in determining which signal that habitat outside the may not be present; (2) focusing areas to propose as critical habitat, we designated area is unimportant or may conservation activities on the most must consider those physical and not be required for recovery of the essential habitat features and areas; (3) biological features essential to the species. increasing awareness of important conservation of the species. These Areas that are important to the habitat areas among State or county include, but are not limited to: conservation of the species, but are governments, or private entities; and (4) (1) Space for individual and outside the critical habitat designation, preventing inadvertent harm to the population growth and for normal will continue to be subject to species. behavior; conservation actions we implement Critical habitat designation includes (2) Food, water, air, light, minerals, or under section 7(a)(1) of the Act. Areas the identification of the physical and other nutritional or physiological that support populations are also subject biological features of the habitat requirements; to the regulatory protections afforded by essential to the conservation of each (3) Cover or shelter; the section 7(a)(2) jeopardy standard, as species that may require special (4) Sites for breeding, reproduction, determined on the basis of the best management and protection. As such, and rearing (or development) of available scientific information at the these designations will provide useful offspring; and time of the agency action. Federally information to individuals, local and (5) Habitats that are protected from funded or permitted projects affecting State governments, and other entities disturbance or are representative of the listed species outside their designated engaged in activities or long-range historical, geographical, and ecological critical habitat areas may still result in planning that may affect areas essential distribution of a species. jeopardy findings in some cases. to the conservation of the species. We are currently unable to identify Similarly, critical habitat designations Conservation of the rayed bean and the physical and biological features made on the basis of the best available snuffbox and essential features of their essential for the conservation of the information at the time of designation habitats will require habitat rayed bean and snuffbox because will not control the direction and management, protection, and information on those features for these substance of future recovery plans, restoration, which will be facilitated by species is not known at this time. The habitat conservation plans (HCPs), or disseminating information on the apparent poor viability of the species’

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occurrences observed in recent years term viability. As we are unable to References Cited indicates that current conditions are not identify many physical and biological A complete list of all references cited sufficient to meet the basic biological features essential to the conservation of in this final rule is available on the requirements of these species in many the rayed bean and snuffbox, we are Internet at http://www.regulations.gov rivers. Because the rayed bean and unable to identify areas that contain or upon request from the Field snuffbox have not been observed for these features. Therefore, although we Supervisor, Columbus Ecological decades in many of their historical have determined that the designation of Services Field Office (see ADDRESSES locations, and much of the habitat in critical habitat is prudent for the rayed section). which they still persist has been bean and snuffbox, because the drastically altered, the optimal biological and physical requirements of Author conditions that would provide the these species are not sufficiently known, The primary author of this final rule biological or ecological requisites of we find that critical habitat for the rayed is a staff member of the Columbus these species are not known. Although bean and snuffbox is not determinable Ecological Services Field Office (see we can surmise that habitat degradation at this time. ADDRESSES section). from a variety of factors has contributed to the decline of these species, we do Required Determinations List of Subjects in 50 CFR Part 17 not know specifically what essential Paperwork Reduction Act (44 U.S.C. Endangered and threatened species, physical or biological features of that 3501 et seq.) Exports, Imports, Reporting and habitat are currently lacking for the recordkeeping requirements, rayed bean and snuffbox. This final rule does not contain any Transportation. Key features of the basic life history, new collections of information that ecology, reproductive biology, and require approval by the Office of Regulation Promulgation habitat requirements of most mussels, Management and Budget (OMB) under Accordingly, we hereby amend part including the rayed bean and snuffbox, the Paperwork Reduction Act. This rule 17, subchapter B of chapter I, title 50 of are unknown. Species-specific will not impose new recordkeeping or the Code of Federal Regulations, as ecological requirements have not been reporting requirements on State or local follows: determined (for example, minimum governments, individuals, businesses, or water flow and effects of particular organizations. We may not conduct or PART 17—[AMENDED] pollutants). Population dynamics, such sponsor, and you are not required to ■ as species’ interactions and community respond to, a collection of information 1. The authority citation for part 17 structure, population trends, and unless it displays a currently valid OMB continues to read as follows: population size and age class structure control number. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. necessary to maintain long-term National Environmental Policy Act 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. viability, have not been determined for (42 U.S.C. 4321 et seq.) these species. Of particular concern to ■ 2. Amend § 17.11(h) by adding new both species is that many of the We have determined that we do not entries for ‘‘Mussel, rayed bean’’ and remaining rayed bean and snuffbox need to prepare an environmental ‘‘Mussel, snuffbox’’ in alphabetical populations consist of very low assessment, as defined under the order under CLAMS to the List of densities, a fact that limits our ability to authority of the National Environmental Endangered and Threatened Wildlife as investigate their population dynamics. Policy Act of 1969, in connection with follows: Basics of reproductive biology for these regulations adopted under section 4(a) species are unknown, such as age and of the Act. We published a notice § 17.11 Endangered and threatened size at earliest maturity, reproductive outlining our reasons for this wildlife. longevity, and the level of recruitment determination in the Federal Register * * * * * needed for species’ survival and long- on October 25, 1983 (48 FR 49244). (h) * * *

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

******* CLAMS

******* Mussel, rayed bean .... Villosa fabalis ...... U.S.A. (IL, IN, KY, MI, NY, OH, NA ...... E 798 NA NA PA, TN, VA, WV); Canada (ON).

******* Mussel, snuffbox ...... Epioblasma triquetra U.S.A. (AL, AR, IL, IN, IA, KS, NA ...... E 798 NA NA KY, MI, MN, MS, MO, NY, OH, PA, TN, VA, WV, WI); Canada (ON).

*******

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* * * * * Dated: January 26, 2012. Hannibal Bolton, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2012–2940 Filed 2–13–12; 8:45 am] BILLING CODE 4310–55–P

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