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Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Fluted Kidneyshell and Slabside Pearlymussel; Final Rule

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Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Fluted Kidneyshell and Slabside Pearlymussel; Final Rule Vol. 78 Thursday, No. 187 September 26, 2013 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Fluted Kidneyshell and Slabside Pearlymussel; Final Rule VerDate Mar<15>2010 18:28 Sep 25, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26SER3.SGM 26SER3 emcdonald on DSK67QTVN1PROD with RULES3 59556 Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations DEPARTMENT OF THE INTERIOR CONTACT). Any additional tools or (970 rmi) of critical habitat in Colbert, supporting information that we Jackson, Limestone, Madison, and Fish and Wildlife Service developed for this critical habitat Marshall Counties, Alabama; designation will be available at the Web Tishomingo County, Mississippi; 50 CFR Part 17 sites and field office address given Bedford, Bledsoe, Claiborne, Cocke, [Docket No. FWS–R4–ES–2013–0026; above and may also be included in the Franklin, Giles, Greene, Hamblen, 4500030113] preamble of this rule. Hancock, Hickman, Humphreys, FOR FURTHER INFORMATION CONTACT: Lincoln, Marion, Marshall, Maury, RIN 1018–AZ48 Mary Jennings, Field Supervisor, U.S. Moore, Perry, Polk, and Sequatchie Counties, Tennessee; and Bland, Lee, Endangered and Threatened Wildlife Fish and Wildlife Service, Tennessee Russell, Scott, Smyth, Tazewell, and Plants; Designation of Critical Ecological Services Field Office, 446 Neal Street, Cookeville, TN 38501; Washington, and Wythe Counties, Habitat for the Fluted Kidneyshell and Virginia. Slabside Pearlymussel telephone 931–528–6481; facsimile 931–528–7075. If you use a This rule consists of a final rule AGENCY: Fish and Wildlife Service, telecommunications device for the deaf designating critical habitat for the fluted Interior. (TDD), call the Federal Information kidneyshell and slabside pearlymussel. Elsewhere in today’s Federal Register, ACTION: Final rule. Relay Service (FIRS) at 800–877–8339. we list both species as endangered SUPPLEMENTARY INFORMATION: SUMMARY: We, the U.S. Fish and under the Act. Wildlife Service (Service), designate Executive Summary Peer review and public comment. We critical habitat for the fluted kidneyshell sought comments from independent Why we need to publish a rule. This specialists to ensure that our (Ptychobranchus subtentum) and is a final rule to designate critical slabside pearlymussel (Pleuronaia designation is based on scientifically habitat for the fluted kidneyshell sound data, assumptions, and analyses. dolabelloides) under the Endangered (Ptychobranchus subtentum) and Species Act of 1973, as amended (Act). We requested opinions from eight slabside pearlymussel (Pleuronaia knowledgeable individuals with These two species are endemic to dolabelloides). Under the Endangered portions of the Cumberland and scientific expertise to review our Species Act (Act), when we determine technical assumptions and analysis, and Tennessee River systems of Alabama, that a species is endangered or Kentucky, Mississippi, Tennessee, and to determine whether or not we used the threatened we must designate critical best available information. Only one of Virginia. In total, approximately 2,218 habitat to the maximum extent prudent river kilometers (1,380 river miles) in the two peer reviewers who responded and determinable. Designations of commented specifically on the critical Alabama, Kentucky, Mississippi, critical habitat can only be completed Tennessee, and Virginia fall within the habitat designation. This peer reviewer by issuing a rule. generally concurred with our methods boundaries of the critical habitat Section 4(b)(2) of the Act states that designation. The effect of this regulation and conclusions, and provided the Secretary shall designate critical additional information, clarifications, is to designate critical habitat for the habitat on the basis of the best available fluted kidneyshell and slabside and suggestions to improve this final scientific data after taking into rule. Information we received from peer pearlymussel under the Act for the consideration the economic impact, conservation of the species. review is incorporated in this final national security impact, and any other designation. We received three DATES: This rule is effective on October relevant impact of specifying any comments from the public regarding the 28, 2013. particular area as critical habitat. proposed critical habitat designation ADDRESSES: This final rule is available The areas we are designating in this and the draft economic analysis (DEA). on the Internet at http:// rule constitute our current best We addressed these comments and www.regulations.gov and at http:// assessment of the areas that meet the incorporated public input into this final www.fws.gov/cookeville. Comments and definition of critical habitat for the designation. materials we received, as well as fluted kidneyshell and slabside supporting documentation we used in pearlymussel. Here we are designating Previous Federal Actions preparing this final rule, are available approximately 2,218 river kilometers We proposed listing the fluted for public inspection at http:// (rkm) (1,380 river miles (rmi)) of stream kidneyshell and slabside pearlymussel www.regulations.gov. All of the channel in five States as critical habitat. as endangered under the Act with comments, materials, and For the fluted kidneyshell, we are critical habitat on October 4, 2012 (77 documentation that we considered in designating 24 units covering FR 60804), and announced the this rulemaking are available by approximately 1,899 rkm (1,181 rmi) of availability of a DEA on April 29, 2013 appointment, during normal business critical habitat in Limestone County, (78 FR 25041). The final listing rule can hours, at: U.S. Fish and Wildlife Alabama; Jackson, Laurel, McCreary, be found elsewhere in today’s Federal Service, Tennessee Ecological Services Pulaski, Rockcastle, and Wayne Register. All other previous Federal Field Office, 446 Neal Street, Counties, Kentucky; Bedford, Claiborne, actions for these species are described Cookeville, TN 38501; 931–528–6481 Cocke, Fentress, Franklin, Giles, in the proposed rule (77 FR 60804). (telephone); 931–528–7075 (facsimile). Grainger, Greene, Hamblen, Hancock, The coordinates or plot points or both Hickman, Humphreys, Jefferson, Knox, Summary of Comments and from which the maps are generated are Lincoln, Marshall, Maury, Moore, Recommendations included in the administrative record Morgan, Overton, Perry, Pickett, Polk, We requested written comments from for this critical habitat designation and Scott, and Sevier Counties, Tennessee; the public on the proposed designation are available at http:// and Bland, Lee, Russell, Scott, Smyth, of critical habitat for the fluted www.regulations.gov at Docket No. Tazewell, Washington, and Wythe kidneyshell and slabside pearlymussel FWS–R4–ES–2013–0026 and at the Counties, Virginia. For the slabside during two comment periods. The first Tennessee Ecological Services Field pearlymussel, we are designating 13 comment period associated with the Office (see FOR FURTHER INFORMATION units covering approximately 1,562 rkm publication of the proposed rule (77 FR VerDate Mar<15>2010 18:28 Sep 25, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\26SER3.SGM 26SER3 emcdonald on DSK67QTVN1PROD with RULES3 Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations 59557 60804) opened on October 4, 2012, and degradation or destruction of aquatic of a successful reintroduction program closed on December 3, 2012. We also habitat. implemented by TWRA and other requested comments on the proposed Our Response: We agree that the conservation partners, resulting in the critical habitat designation and TWRA mussel sanctuaries are protective recruitment of the species in the river. associated DEA during a comment of the fluted kidneyshell and slabside In 2010, six individuals were collected period that opened on April 29, 2013, pearlymussel, and we have incorporated during a quantitative survey at Lillard’s and closed on May 29, 2013. We this into the Special Management Mill in the Duck River, confirming some received one request for a public Considerations or Protection section of level of survival and persistence of the hearing. We held a public hearing in this final rule. reintroduced population (Hubbs et al. Abingdon, Virginia, on May 14, 2013. (2) Comment: In several critical 2011, p. 18). We also contacted appropriate Federal, habitat unit descriptions, the host fish We had no information at the time of State, and local agencies; scientific species for the slabside pearlymussel are the proposed rule to show that experts and organizations; and other identified but not the host fish for the monitoring efforts in the Nolichucky interested parties and invited them to fluted kidneyshell. Host fish for the River had confirmed the survival and comment on the proposal. Newspaper fluted kidneyshell are also found in persistence of reintroduced fluted notices inviting general public comment these rivers (Nolichucky, Hiwassee, Elk, kidneyshell. Since that time, Hubbs were published in newspapers covering and Buffalo Rivers). (2012, pers. comm.) confirmed that the all affected counties in Alabama, Our Response: We agree the host Nolichucky River retains a large number Kentucky, Mississippi, Tennessee, and fishes for the fluted kidneyshell are of adult individuals. Therefore, we have Virginia. found in the
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