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Listing the Rayed Bean and Snuffbox As Endangered; Proposed Rule

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Listing the Rayed Bean and Snuffbox As Endangered; Proposed Rule Tuesday, November 2, 2010 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing the Rayed Bean and Snuffbox as Endangered; Proposed Rule VerDate Mar<15>2010 20:02 Nov 01, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02NOP3.SGM 02NOP3 srobinson on DSKHWCL6B1PROD with PROPOSALS3 67552 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Proposed Rules DEPARTMENT OF THE INTERIOR foundation for all endangered and Public Hearing threatened species listing The Act provides for one or more Fish and Wildlife Service determinations. We therefore request public hearings on this proposal, if comments or suggestions from other requested. We must receive requests by 50 CFR Part 17 concerned governmental agencies, the the date listed in the DATES section [Docket No. FWS–R3–ES–2010–0019; MO scientific community, industry, or any above. Such requests must be made in 92210–0–0008–B2] other interested party concerning this writing and addressed to the Field proposed rule to list the rayed bean and RIN 1018–AV96 Supervisor of the Ohio Ecological snuffbox as endangered. We particularly Services Field Office (see FOR FURTHER Endangered and Threatened Wildlife seek comments concerning: INFORMATION CONTACT). (1) Survey results for the rayed bean and Plants; Listing the Rayed Bean Background and Snuffbox as Endangered or snuffbox, as well as any studies that may show distribution, status, Species Descriptions AGENCY: Fish and Wildlife Service, population size, or population trends, The rayed bean is a small mussel Interior. including indications of recruitment; usually less than 1.5 inches (in) (3.8 ACTION: Proposed rule. (2) Pertinent aspects of life history, centimeters (cm)) in length (Cummings ecology, and habitat use of the rayed SUMMARY: and Mayer 1992, p. 142; Parmalee and We, the U.S. Fish and bean or snuffbox; Wildlife Service (Service), propose to Bogan 1998, p. 244; West et al. 2000, p. list the rayed bean (Villosa fabalis) and (3) Current and foreseeable threats 248). The shell outline is elongate or snuffbox (Epioblasma triquetra) as faced by the rayed bean or snuffbox, or ovate in males and elliptical in females, endangered throughout their ranges, both species, in relation to the five and moderately inflated in both sexes, under Endangered Species Act of 1973, factors (as defined in section 4(a)(1) of but more so in females (Parmalee and as amended (Act). This proposed rule, if the Act (16 U.S.C. 1531 et seq.)); Bogan 1998, p. 244). The valves are made final, would extend the Act’s (4) The specific physical and thick and solid. The anterior end is protection to the rayed bean and the biological features to consider, and rounded in females and bluntly pointed in males (Cummings and Mayer 1992, p. snuffbox. We have determined that specific areas that may meet the 142). Females are generally smaller than designating critical habitat for these definition of critical habitat and that males (Parmalee and Bogan 1998, p. species is prudent, but not determinable should or should not be considered for 244). Dorsally, the shell margin is at this time. The Service seeks data and a proposed critical habitat designation straight, while the ventral margin is comments from the public on this as provided by section 4 of the Act; and straight to slightly curved (Cummings proposed listing rule. (5) The data and studies to which this proposal refers. and Mayer 1992, p. 142). The beaks are DATES: We will consider comments we slightly elevated above the hingeline receive on or before January 3, 2011. We You may submit your comments and (West et al. 2000, p. 248), with sculpture must receive requests for public materials concerning this proposed rule consisting of double loops with some hearings, in writing, at the address by one of the methods listed in the nodules (Parmalee and Bogan 1998, p. shown in the FOR FURTHER INFORMATION ADDRESSES section. We will not accept 244). No posterior ridge is evident. CONTACT section on or before December comments sent by e-mail or fax or to an Surface texture is smooth and sub- 17, 2010. address not listed in the ADDRESSES shiny, and green, yellowish-green, or ADDRESSES: You may submit comments section. Comments must be submitted to brown in color, with numerous wavy, by one of the following methods: http://www.regulations.gov before dark-green rays of various widths • Federal eRulemaking Portal: http:// midnight (Eastern Time) on the date (sometimes obscure in older, blackened www.regulations.gov. Follow the specified in the DATES section. Finally, specimens) (Cummings and Mayer 1992, instructions for submitting comments we will not consider hand-delivered p. 142; West et al. 2000, p. 248). on Docket No. FWS–R3–2010–0019. comments that we do not receive, or Internally, the left valve has two • U.S. mail or hand-delivery: Public mailed comments that are not pseudocardinal teeth (tooth-like Comments Processing, Attn: FWS–R3– postmarked, by the date specified in the structures along the hinge line of the 2010–0019; Division of Policy and DATES section. internal portion of the shell) that are Directives Management; U.S. Fish and We will post your entire comment triangular, relatively heavy, and large, Wildlife Service; 4401 N. Fairfax Drive, —including your personal identifying and two short, heavy lateral teeth Suite 222; Arlington, VA 22203. information—on http:// (Cummings and Mayer 1992, p. 142). We will post all comments on http:// www.regulations.gov. If you provide us The right valve has a low, triangular www.regulations.gov. This generally personal identifying information such as pseudocardinal tooth, with possibly means that we will post any personal your street address, phone number, or e- smaller secondary teeth anteriorly and information you provide us (see the mail address, you may request at the top posteriorly, and a short, heavy, and Public Comments section below for of your document that we withhold this somewhat elevated lateral tooth more information). information from public review. (Parmalee and Bogan 1998, p. 244). The FOR FURTHER INFORMATION CONTACT: However, we cannot guarantee that we color of the nacre (mother-of-pearl) is Angela Boyer at the U.S. Fish and will be able to do so. silvery white or bluish and iridescent Wildlife Service, Ohio Ecological Comments and materials we receive, posteriorly. Key characters useful for Services Field Office, 4625 Morse Road, as well as supporting documentation we distinguishing the rayed bean from Suite 104, Columbus, OH 43230; used in preparing this proposed rule, other mussels is its small size, thick telephone 614–416–8993, ext. 22. will be available for public inspection valves, unusually heavy teeth for a SUPPLEMENTARY INFORMATION: on http://www.regulations.gov, or by small mussel, and color pattern appointment, during normal business (Cummings and Mayer 1992, p. 142). Public Comments hours at the Ohio Ecological Services The snuffbox is a small- to medium- Our intent is to use the best available Field Office (see FOR FURTHER sized mussel with males reaching up to commercial and scientific data as the INFORMATION CONTACT). 2.8 in. (7.0 cm) in length (Cummings VerDate Mar<15>2010 20:02 Nov 01, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\02NOP3.SGM 02NOP3 srobinson on DSKHWCL6B1PROD with PROPOSALS3 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Proposed Rules 67553 and Mayer 1992, p. 162; Parmalee and unique color pattern, shape (especially 2004, pp. 108–109; Strayer et al. 2004, Bogan 1998, p. 108). The maximum in females), and high degree of inflation. pp. 430–431). Recent evidence suggests that adult mussels may also deposit-feed length of females is about 1.8 in (4.5 cm) Taxonomy (Parmalee and Bogan 1998, p. 108). The on particles in the sediment (Raikow shape of the shell is somewhat The rayed bean is a member of the and Hamilton 2001, p. 520). For their triangular (females), oblong, or ovate freshwater mussel family Unionidae and first several months, juvenile mussels (males) with the valves solid, thick, and was originally described as Unio fabalis employ foot (pedal) feeding, consuming very inflated. The beaks are located by Lea in 1831. The type locality is the settled algae and detritus (Yeager et al. somewhat anterior of the middle, Ohio River (Parmalee and Bogan 1998, 1994, p. 221). Unionids have an unusual swollen, turned forward and inward, p. 244), probably in the vicinity of mode of reproduction. Their life cycle and extended above the hingeline Cincinnati, Ohio. Over the years, the includes a brief, obligatory parasitic (Cummings and Mayer 1992, p. 162). rayed bean has been placed in the stage on fish. Eggs develop into Beak sculpture consists of three or four genera Unio, Margarita, Margaron, microscopic larvae called glochidia faint, double-looped bars (Cummings Eurynia, Micromya, and Lemiox. It was within special gill chambers of the ultimately placed in the genus Villosa and Mayer 1992, p. 162; Parmalee and female. The female expels the mature by Stein (1963, p. 19), where it remains Bogan 1998, p. 108). The anterior end of glochidia, which must attach to the gills today (Turgeon et al. 1998, p. 33). We the shell is rounded, and the posterior or the fins of an appropriate fish host to recognize Unio capillus, U. lapillus, and end is truncated, highly so in females. complete development. Host fish U. donacopsis as synonyms of Villosa The posterior ridge is prominent, being specificity varies among unionids. Some fabalis. species appear to use a single host, high and rounded, while the posterior The snuffbox is a member of the slope is widely flattened.
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