Proposed Designation of Critical Habitat for Three Threatened Mussels and Eight Endangered Mussels in the Mobile River Basin; Proposed Rule
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Wednesday, March 26, 2003 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Three Threatened Mussels and Eight Endangered Mussels in the Mobile River Basin; Proposed Rule VerDate Jan<31>2003 20:22 Mar 25, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26MRP2.SGM 26MRP2 14752 Federal Register / Vol. 68, No. 58 / Wednesday, March 26, 2003 / Proposed Rules DEPARTMENT OF THE INTERIOR on the economic and other impacts of clubshell (Pleurobema decisum), dark the designation. We will conduct an pigtoe (Pleurobema furvum), southern Fish and Wildlife Service analysis of the economic impacts of pigtoe (Pleurobema georgianum), ovate designating these areas as critical clubshell (Pleurobema perovatum), 50 CFR Part 17 habitat prior to a final determination. triangular kidneyshell (Ptychobranchus RIN 1018–AI73 That economic analysis will be greeni), upland combshell (Epioblasma conducted in a manner that is consistent metastriata), and southern acornshell Endangered and Threatened Wildlife with the ruling of the 10th Circuit Court (Epioblasma othcaloogensis). Unionid and Plants; Proposed Designation of of Appeals in N.M. Cattle Growers Ass’n mussels, in general, live embedded in Critical Habitat for Three Threatened v. USFWS. When the draft economic the bottom (sand, gravel, and/or cobble Mussels and Eight Endangered analysis is completed, we will announce substrates) of rivers, streams, and other Mussels in the Mobile River Basin its availability with a notice in the bodies of water. These mussels siphon Federal Register. With publication of water into their shells and across four AGENCY: Fish and Wildlife Service, the notice of availability, a comment gills that are specialized for respiration Interior. period will be opened for a minimum of ACTION: Proposed rule. 30 days to allow for public comments and food collection. Sexes in unionid mussels are usually separate. Males SUMMARY: We, the U.S. Fish and on the draft economic analysis and proposed rule concurrently. release sperm into the water; the sperm Wildlife Service (Service), propose are then taken in by the females through DATES: We will consider comments designation of critical habitat for three their siphons during feeding and threatened (fine-lined pocketbook, received by June 24, 2003. We must receive requests for public hearings, in respiration. Eggs are held in the gills of orange-nacre mucket, and Alabama the female where they come into contact moccasinshell) and eight endangered writing, at the address shown in the with the sperm. Once eggs are fertilized, freshwater mussels (Coosa ADDRESSES section by May 12, 2003. females retain them in their gills until moccasinshell, ovate clubshell, southern ADDRESSES: If you wish to submit clubshell, dark pigtoe, southern pigtoe, comments and information, you may the larvae (glochidia) fully develop. The triangular kidneyshell, southern submit your comments and information change (metamorphosis) of the larvae of acornshell, and upland combshell), by any one of several methods: most unionid species into juvenile listed in 1993 under the Endangered 1. You may submit written comments mussels requires that the larvae undergo Species Act of 1973, as amended (Act). and information to the Field Supervisor, a stage of parasitism on the fins, gills, We propose to designate 26 river and U.S. Fish and Wildlife Service, 6578 or skin of a fish. Mature mussel stream segments (units) in the Mobile Dogwood View Parkway, Suite A, glochidia are released into the water and River Basin as critical habitat for these Jackson, MS 39213. they must find and attach to a suitable 11 mussel species. These units 2. You may hand-deliver written host fish species in order to develop encompass a total of approximately comments and information to our into a juvenile mussel. Glochidia may 1,760 kilometers (km) (1,093 miles (mi)) Mississippi Fish and Wildlife Office, at be released separately or in masses of river and stream channels. Proposed the above address, or fax your termed conglutinates. The duration of critical habitat includes portions of the comments to 601/965–4340. the parasitic stage varies with water Tombigbee River drainage in 3. You may send comments by temperature, mussel species, and, Mississippi and Alabama; portions of electronic mail (e-mail) to _ perhaps, host fish species. Developed the Black Warrior River drainage in paul [email protected]. For directions juvenile mussels normally detach from on how to submit electronic filing of Alabama; portions of the Alabama River their fish host and sink to the stream comments, see the ‘‘Public Comments drainage in Alabama; portions of the bottom, where they continue to develop, Solicited’’ section. Cahaba River drainage in Alabama; provided they land in a suitable portions of the Tallapoosa River Comments and materials received, as well as supporting documentation used substrate with correct water conditions. drainage in Alabama and Georgia; and Because of the dependence on this life portions of the Coosa River drainage in in the preparation of this proposed rule, will be available for public inspection, stage and transport/dispersal process, Alabama, Georgia, and Tennessee. unionid mussels usually only parasitize Critical habitat identifies specific by appointment, during normal business areas that are essential to the hours at the above address. one or a few suitable host fish species conservation of a listed species, and that FOR FURTHER INFORMATION CONTACT: Paul that occupy similar habitats as the may require special management Hartfield at the above address mussels. Consequently, the presence of considerations or protection. If this (telephone 601/321–1125, facsimile suitable host fish species is considered proposal is made final, section 7(a)(2) of 601/965–4340). an essential element in the life cycle of the Act requires that Federal agencies SUPPLEMENTARY INFORMATION: unionid mussels. ensure that actions they fund, authorize, These 11 mussel species are Background or carry out are not likely to jeopardize historically native to portions of the the continued existence of an This proposed rule addresses 11 Mobile River Basin (Basin). The Basin is endangered or threatened species or bivalve mollusks or mussels (possessing composed of seven major river systems result in the destruction or adverse a soft body enclosed by 2 shells) in the (Mobile, Tombigbee, Black Warrior, modification of critical habitat. State or family Unionidae that are native to the Alabama, Cahaba, Coosa, and private actions, with no Federal Mobile River basin. The mussels Tallapoosa) and drains portions of the involvement, are not affected. addressed in this rule are the threatened states of Alabama, Mississippi, Georgia, Section 4 of the Act requires us to fine-lined pocketbook (Lampsilis altilis), and Tennessee. Biological factors consider the economic and other orange-nacre mucket (Lampsilis relevant to these freshwater mussels’ relevant impacts of specifying any area perovalis), and Alabama moccasinshell as critical habitat. We hereby solicit data (Medionidus acutissimus), and the habitat requisites are discussed in the and comments from the public on all endangered Coosa moccasinshell Primary Constituent Elements portion of aspects of this proposal, including data (Medionidus parvulus), southern this proposed rule. VerDate Jan<31>2003 20:22 Mar 25, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\26MRP2.SGM 26MRP2 Federal Register / Vol. 68, No. 58 / Wednesday, March 26, 2003 / Proposed Rules 14753 Taxonomy, Life History, and Chewacla Creek (Macon/Lee County, County, Alabama), Locust and Distribution Alabama), Opintlocco Creek (Macon Blackburn Forks of the Black Warrior County, Alabama), Cane and Little Cane River (Blount County, Alabama), Sipsey Fine-Lined Pocketbook (Lampsilis altilis Creeks (Cleburne County, Alabama), Fork of the Black Warrior (Winston/ (Conrad 1834)) Muscadine Creek (Cleburne County, Lawrence County, Alabama) and The fine-lined pocketbook is a Alabama), Big Creek (Haralson County, tributaries Thompson, Flannagin, and medium-sized mussel, suboval in shape, GA), and McClendon Creek (Paulding Borden Creeks (Lawrence County, and rarely exceeds 100 millimeters County, Georgia). Populations are small Alabama), and Caney, North Fork (mm) (4 inches (in)) in length. The and localized within these streams Caney, Brushy, Capsey, Rush, Brown, ventral margin (bottom) of the shell is (Dodd et al., 1986; Evans, 2001; and Beech Creeks (Winston/Lawrence often angled posteriorly in females, Feminella and Gangloff, 2000; Haag et County, Alabama); Cahaba River (Bibb/ resulting in a pointed posterior margin. al., 1999; Herod et al., 2001; E. Irwin, Jefferson/Shelby County, Alabama) and The periostracum (skin of the shell) is U.S. Geological Survey, in litt. 2000; Little Cahaba River (Bibb/Shelby yellow-brown to blackish and has fine Irwin et al., 1998; Johnson and Evans, County, Alabama); and Alabama River rays on the posterior half. The nacre 2000; L. McDougal, U.S. Forest Service, tributaries Limestone Creek (Monroe (shell interior) is white, becoming in litt. 1994; McGregor, M. 1993; County, Alabama) and Bogue Chitto iridescent posteriorly. McGregor et al. 2000; Pierson, 1991a, Creek (Dallas County, Alabama). The Gravid females (females with larvae) 1992b, 1993; Shepard et al., 1994; orange-nacre mucket is locally common have been observed March through Williams and Hughes