Vol. 77 Wednesday, No. 196 October 10, 2012

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Endangered Species Status for the Alabama Pearlshell, Round Ebonyshell, Southern Kidneyshell, and Choctaw Bean, and Threatened Species Status for the Tapered Pigtoe, Narrow Pigtoe, Southern Sandshell, and Fuzzy Pigtoe, and Designation of Critical Habitat; Final Rule

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DEPARTMENT OF THE INTERIOR Wildlife Service, Panama City Field available after taking into consideration Office, 1601 Balboa Avenue, Panama the economic impact, impact on Fish and Wildlife Service City, FL 32405; telephone 850–769– national security, and any other relevant 0552; facsimile 850–763–2177. impact of specifying any particular area 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: Don as critical habitat. In total, [Docket No. FWS–R4–ES–2011–0050; Imm, Field Supervisor, U.S. Fish and approximately 2,404 kilometers (km) 4500030113] Wildlife Service, Panama City Field (1,494 miles (mi.)) of stream and river Office, 1601 Balboa Avenue, Panama channels in nine units in Bay, Escambia, RIN 1018–AW92 City, FL 32405; telephone 850–769– Holmes, Jackson, Okaloosa, Santa Rosa, Endangered and Threatened Wildlife 0552; facsimile 850–763–2177. If you Walton, and Washington Counties, and Plants; Determination of use a telecommunications device for the Florida; and Barbour, Bullock, Butler, Endangered Species Status for the deaf (TDD), call the Federal Information Coffee, Conecuh, Covington, Crenshaw, Alabama Pearlshell, Round Relay Service (FIRS) at 800–877–8339. Dale, Escambia, Geneva, Henry, Ebonyshell, Southern Kidneyshell, and SUPPLEMENTARY INFORMATION: This Houston, Monroe, and Pike Counties, Choctaw Bean, and Threatened document consists of: (1) A final rule to Alabama, are being designated. Species Status for the Tapered Pigtoe, list the Alabama pearlshell The basis for our action. Under the Narrow Pigtoe, Southern Sandshell, (Margaritifera marrianae), round Act, a species may be listed as an and Fuzzy Pigtoe, and Designation of ebonyshell (Fusconaia rotulata), endangered or threatened species based Critical Habitat southern kidneyshell (Ptychobranchus on any of five factors: (A) The present jonesi), and Choctaw bean (Villosa destruction, modification, or AGENCY: Fish and Wildlife Service, choctawensis) as endangered species, curtailment of its habitat or range; (B) Interior. and the tapered pigtoe (Fusconaia overutilization for commercial, ACTION: Final rule. burkei), narrow pigtoe (Fusconaia recreational, scientific, or educational escambia), southern sandshell (Hamiota purposes; (C) disease or predation; (D) SUMMARY: We, the U.S. Fish and australis), and fuzzy pigtoe (Pleurobema inadequacy of existing regulatory Wildlife Service, determine endangered strodeanum) as threatened species; and mechanisms; or (E) other natural or species status for the Alabama (2) a final rule to designate critical manmade factors affecting its existence. pearlshell (Margaritifera marrianae), habitat for the eight species. These eight mussel species are facing round ebonyshell (Fusconaia rotulata), threats due to three of these five factors southern kidneyshell (Ptychobranchus Executive Summary (A, D and E). The Act also requires that jonesi), and Choctaw bean (Villosa Why we need to publish a rule. Under the Service designate critical habitat at choctawensis), and threatened species the Endangered Species Act (Act), a the time of listing to the maximum status for the tapered pigtoe (Fusconaia species or subspecies may warrant extent prudent and determinable. We burkei), narrow pigtoe (Fusconaia protection through listing if it is an have determined that the designation is escambia), southern sandshell (Hamiota endangered or threatened species prudent and critical habitat is australis), and fuzzy pigtoe (Pleurobema throughout all or a significant portion of determinable for each of the eight strodeanum), under the Endangered its range. We are listing these eight species (see Critical Habitat section Species Act of 1973, as amended (Act); mussels because they have disappeared below). and designate critical habitat for the from portions of their historic ranges or We prepared an economic analysis. eight mussel species. The effect of this are very rare, and facing numerous To ensure that we consider the regulation is to conserve these eight ongoing threats. The Alabama pearlshell economic impacts, we prepared an mussel species and their habitat under and southern kidneyshell no longer economic analysis of the designation of the Act. occur in 50 percent or more of the critical habitat. We published an DATES: This rule becomes effective on stream systems in which they were announcement and solicited public November 9, 2012. historically found. The round comments on the draft economic ADDRESSES: This final rule, final ebonyshell is extremely rare, and its analysis. The analysis found that the economic analysis, and the coordinates distribution is restricted to the main estimated incremental economic cost of from which the maps were generated are channel of the Escambia-Conecuh River. this critical habitat designation to be included in the administrative record Choctaw bean populations in the $1.70 million over a 20-year time frame. for this critical habitat designation and Escambia River drainage are fragmented, The majority of the economic impacts are available on the Internet at http:// and the species’ numbers are low are associated with the transportation www.fws.gov/PanamaCity and http:// throughout its range. The narrow pigtoe, sector, particularly consultation costs www.regulations.gov at Docket No. fuzzy pigtoe, southern sandshell, and associated with the replacement and FWS–R4–ES–2011–0050, and at the tapered pigtoe still occur in much of maintenance of bridges and roads. Panama City FieldOffice. Any their known range but have disappeared We requested peer review of the additional tools or supporting from many of the tributary and main methods used in our proposed listing information that we may develop for channel locations from which they were and critical habitat designation. We this critical habitat designation will also historically known. All are facing a specifically requested that four be available at the Fish and Wildlife variety of threats. However, habitat knowledgeable individuals with Service Web site and Field Office set out degradation and loss as a result of scientific expertise on freshwater above, and may also be included in the excessive sedimentation, bed mussel conservation and biology, and preamble and/or at http:// destabilization, poor water quality, and who are familiar with the eight species www.regulations.gov. Comments and environmental contaminants are and the three river basins in which they materials received, as well as supporting considered the most significant threats occur, review the scientific information documentation used in preparing this to these eight mussels. We are also and methods in the proposed rule. The final rule, are available for public designating critical habitat under the peer reviewers generally concurred with inspection, by appointment, during Act. Critical habitat is designated on the our methods and conclusions and normal business hours, at U.S. Fish and basis of the best scientific information provided additional information,

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clarifications, and suggestions to percent of southeastern mussel species Fertilization takes place inside the shell. improve the final rule. are in varying degrees of rarity or The eggs are retained in the gills of the We sought public comment on the possibly extinct (Neves et al. 1997, pp. female until they develop into mature designation. During the first comment 47–51). The central reason for the larvae called glochidia. The glochidia of period, we received five comment decline of freshwater mussels is the most freshwater mussel species, letters directly addressing the proposed modification and destruction of their including all eight species addressed in listing and critical habitat designation. habitat, especially from sedimentation, this rule, have a parasitic stage during During the second comment period, we dams, and degraded water quality which they must attach to the gills, fins, received four comment letters (Neves et al. 1997, p. 60; Bogan 1998, p. or skin of a fish to transform into a addressing the proposed listing and 376). These eight mussels, like many juvenile mussel. Depending on the critical habitat designation, and the other southeastern mussel species, have mussel species, females release draft economic analysis. undergone reductions in total range and glochidia either separately, in masses Background population density. known as conglutinates, or in one large These eight species are all freshwater mass known as a superconglutinate. The It is our intent to discuss in this final bivalve mussels of the families duration of the parasitic stage varies by rule only those topics directly relevant Margaritiferidae and Unionidae. The mussel species, water temperature, and to the listing and designation of critical Alabama pearlshell is a member of the perhaps host fish species. When the habitat for the Alabama pearlshell, family Margaritiferidae, while the round transformation is complete, the juvenile round ebonyshell, southern kidneyshell, ebonyshell, southern kidneyshell, mussels drop from their fish host and Choctaw bean, tapered pigtoe, narrow Choctaw bean, tapered pigtoe, narrow sink to the stream bottom where, given pigtoe, southern sandshell, and fuzzy pigtoe, southern sandshell, and fuzzy suitable conditions, they grow and pigtoe under the Act (16 U.S.C. 1531 et pigtoe belong to the family Unionidae. mature into adults. seq.). For more information on the These mussels are endemic to (found biology, ecology, and critical habitat of only in) portions of three Coastal Plain Survey Data these eight mussel species refer to the rivers that drain south-central and Recent distributions are based on proposed rule published in the Federal southeastern Alabama and northwestern surveys conducted from 1995 to 2012. Register on October 4, 2011 (76 FR Florida: the Escambia (known as the Historical distributions are based on 61482). Information on the associated Escambia River in Florida and the collections made prior to 1995. draft economic analysis for the Conecuh River in Alabama), the Yellow, Historical distribution data from proposed rule was published in the and the Choctawhatchee. All three museum records and surveys dated Federal Register on March 27, 2012 (77 rivers originate in Alabama and flow between the late 1800s and 1994 are FR 18173). across the Florida panhandle before sparse, and most of these species were emptying into the Gulf of Mexico, and more than likely present throughout Previous Federal Actions are entirely contained within the East their respective river basins. Knowledge On October 4, 2011, we published the Gulf Coastal Plain Physiographic of historical and current distribution proposed rule to list and designate Region. The Alabama pearlshell is also and abundance data were summarized critical habitat for these eight mussels known from three locations in the from Butler 1989; Williams et al. 2000 (76 FR 61482). Federal actions for these Mobile River Basin; however, only one (unpublished), Blalock-Herod et al. species prior to October 4, 2011, are of those is considered to be currently 2002, Blalock-Herod et al. 2005, outlined in the proposed rule. occupied. Pilarczyk et al. 2006, and Gangloff, and Publication of the proposed rule opened Hartfield 2009. In addition, a status a 60-day comment period, which closed General Biology survey was conducted in 2010–2012 by on December 5, 2011. On March 27, Freshwater mussels generally live M.M. Gangloff and the final report is in 2012 (77 FR 18173), we reopened the embedded in the bottom of rivers, preparation. These studies represent a comment period for 30 days, from streams, and other bodies of water. They compilation of museum records and March 27 through April 26, 2012, in siphon water into their shells and across recent status surveys conducted order to announce the availability of four gills that are specialized for between 1990 and 2007. We also used and receive comments on a draft respiration and food collection. Food various other sources to identify the economic analysis, and to extend the items include detritus (disintegrated historical and current locations comment period on the proposed listing organic debris), algae, diatoms, and occupied by these species. These and critical habitat designation. bacteria (Strayer et al. 2004, pp. 430– include surveys, reports, and field notes 431). Adults are filter feeders and prepared by biologists from the Alabama Introduction generally orient themselves on or near Department of Conservation and Natural North American freshwater mussel the substrate surface to take in food and Resources, Marion, AL; Geological fauna is the richest in the world and oxygen from the water column. Survey of Alabama, Tuscaloosa, AL; historically numbered around 300 Juveniles typically burrow completely Florida Fish and Wildlife Conservation species (Williams et al. 1993, p. 6). beneath the substrate surface and are Commission, Gainesville, FL; U.S. Freshwater mussels are in decline, pedal (foot) feeders (bringing food Geological Survey, Gainesville, FL; however, and in the past century have particles inside the shell for ingestion Alabama Malacological Research Center, become more imperiled than any other that adhere to the foot while it is Mobile, AL; Troy University, Troy, AL; group of organisms (Williams et al. extended outside the shell) until the Appalachian State University, Boone, 2008, p. 55; Natureserve 2011). structures for filter feeding are more NC; various private consulting groups; Approximately 66 percent of North fully developed (Yeager et al. 1994, pp. and the U.S. Fish and Wildlife Service, America’s freshwater mussel species are 200–221; Gatenby et al. 1996, p. 604). Daphne, AL, and Panama City, FL. In considered vulnerable to extinction or Sexes in margaritiferid and unionid addition, we obtained occurrence data possibly extinct (Williams et al. 1993, p. mussels are usually separate. Males from the collection databases of the 6). Within North America, the release sperm into the water column, Museum of Fluviatile Mollusks (MFM), southeastern United States is the hot which females take in through their Athearn collection; Auburn University spot for mussel diversity. Seventy-five siphons during feeding and respiration. Natural History Museum (AUNHM),

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Auburn, AL; and Florida Museum of al. (2005, p. 2) stated that little that can be made of so many different Natural History (FLMNH), Gainesville, collecting effort had been expended in sources of historical and recent FL. the Choctawhatchee River drainage as collection data is whether a particular compared to other nearby river systems species was detected (present) or not Assessing Status like the Apalachicola and Mobile river (absent) during the survey. When Assessing the state of a freshwater drainages. This paucity of historical examining occurrence data, we mussel population is challenging. We occurrence data may create the considered sampled areas in close looked at trends in distribution (range) appearance of an increase in the number proximity as the same sight. Generally, by comparing recent occurrence data to of localities that support a species or an areas sampled that are within 2 river km historical data, and we examined recent expanding range; however, this is likely (1.2 mi) (approximately) of each other abundance (numbers). One difficulty of due to increased sampling efforts and to are considered the same site, and investigating population trends over better sampling methods, like the use of sampled areas that are more than 2 km time in these species is the lack of SCUBA gear. apart are considered different sites. historical collection data within the Another difficulty is the lack basic Occurences are based on live animals drainages. Athearn (1964, p. 134) noted information for some historical and shell material. The occurrence data the streams of western Florida were collections, including specific locality, we examined using GIS mapping inadequately sampled, particularly the total number of species or individuals software. A summary historical and lower Choctawhatchee, Yellow, and the collected, or collection date. For these recent occurrence data, and current lower Escambia Rivers. Blalock-Herod et reasons, the only accurate comparison abundance is presented in Table 1.

TABLE 1—EIGHT MUSSEL OCCURRENCE AND ABUNDANCE BY RIVER DRAINAGE—OCCURRENCES ARE BASED ON LIVE AND SHELL MATERIAL AND ABUNDANCE IS BASED ON LIVE INDIVIDUALS

Historical (pre-1995) Current (1995–2012) Historical General Species Drainage Historical Total live Average Historical sites re- sites Current assessment sites currently sites 1 collected abundance 2 surveyed occupied

Margaritifera Alabama 3 3 0 0 0 0 Contracted range, marrianae Ala- limited distribu- bama pearlshell. tion, very low numbers. Escambia 12 12 4 9 28 3.14 Fusconaia rotulata Escambia 3 2 2 11 8 1 .1 Limited distribution, round ebonyshell. very low num- bers. Ptychobranchus Escambia 10 5 0 0 0 0 Contracted range, jonesi southern limited distribu- kidneyshell. tion, very low numbers. Yellow .... 1 1 0 0 0 0 Choct ..... 12 11 1 10 41 2.5 Villosa Escambia 7 7 1 7 14 1.4 Fragmented popu- choctawensis lations Choctaw bean. (Escambia), lo- calized extir- pations, low numbers. Yellow .... 4 3 2 4 15 3.0 Choct ..... 11 10 3 37 143 3 .9 Fusconaia burkei Choct ..... 23 22 13 53 361 6 .0 Limited distribution, tapered pigtoe. localized extir- pations. Fusconaia Escambia 13 10 7 28 166 6 .9 Localized extir- escambia narrow pations, limited pigtoe. distribution, low numbers. Yellow .... 2 2 1 4 23 2.9 Hamiota australis Escambia 6 4 1 6 20 4 Localized extir- southern pations. sandshell. Yellow .... 5 4 2 17 65 3 .1 Choct ..... 18 16 5 34 211 4 .5 Pleurobema Escambia 30 18 12 26 52 6 .5 Nearly extirpated strodeanum fuzzy from Yellow pigtoe. drainage, local- ized extirpations. Yellow .... 4 4 1 1 1 1 Choct ..... 18 15 8 59 587 9 .9 1 Includes all currently occupied sites, both historic and new. 2 Average number of live individuals collected per site.

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We also considered each species’ Taxonomy, Life History, and hembeli Conrad 1838) (Simpson 1914; relative abundance in comparison to Distribution Clench and Turner 1956), a species now other mussel species with which they considered endemic to central Alabama Pearlshell co-occur. In addition, we relied on Louisiana. various published documents whose The Alabama pearlshell (Margaritifera The Alabama pearlshell typically authors are considered experts on these marrianae, Johnson 1983) is a medium- inhabits small headwater streams with species. These publications either sized freshwater mussel known from a mixed sand and gravel substrates, described the status of these species or few tributaries of the Alabama and occasionally in sandy mud, with slow to assigned a conservation ranking, and Escambia River drainages in south- moderate current. Very little is known include Williams et al. 1993, Williams central Alabama (Johnson 1983, pp. about the life-history requirements of and Butler 1994; Mirarchi et al. 2004, 299–304; McGregor 2004, p. 40; this species. However, Shelton (1995, p. Blalock-Herod et al. 2005, and Williams Williams et al. 2008, pp. 98–99). The 5 unpub. report) suggests that the et al. 2008. pearlshell is oblong and grows up to 95 Alabama pearlshell, as opposed to the Most of the eight species have millimeters (mm) (3.8 inches (in)) in Louisiana pearlshell, which occurs in experienced a decline in populations length. The outside of the shell large colonies, typically occurs in low and numbers of individuals within (periostracum) is smooth and shiny and numbers. The Alabama pearlshell is also populations, but not all have somewhat roughened along the believed to occur in male-female pairs. experienced a decline in range. Recent, posterior slope. The inside of the shell Of the 68 Alabama pearlshell observed targeted surveys for the Alabama (nacre) is whitish or purplish and by Shelton (1995, p. 5 unpub. report), 85 pearlshell and southern kidneyshell moderately iridescent (refer to Johnson percent occurred in pairs. Males were show a dramatic decline in historical 1983 for a full description). always located upstream of the females range. The Choctaw bean, narrow The Alabama pearlshell is one of five and were typically not more than 1 pigtoe, fuzzy pigtoe, southern sandshell, North American species in the family meter (m) apart, and juveniles were and tapered pigtoe still occur in much Margaritiferidae. The family is usually found just a few inches apart. of their historical range; however, they represented by only two genera, The species is believed to be a long-term no longer occur at many locations at Margaritifera (Schumacher 1816) and brooder, where gravid females have which they were historically known, Cumberlandia (Ortmann 1912). In been observed in December. The host and their numbers appear to be Alabama, each genus is represented by fish and other aspects of its life history declining. The round ebonyshell’s a single species—the spectaclecase are currently unknown. current range is larger than its historical (Cumberlandia monodonta) occurs in Historically, the Alabama pearlshell range, but this is attributed to the use of the Tennessee River Basin (Williams et occurred in portions of the Escambia dive equipment in recent surveys that al. 2008, pp. 94–95), and the Alabama River drainage, and has also been allowed access to the species’ deep, pearlshell occurs in the Escambia and reported from two systems in the main channel habitat. Despite this range Alabama river basins in south Alabama. Alabama River drainage. The Alabama extension, the species still has a very Prior to 1983, the Alabama pearlshell pearlshell’s known historical and limited distribution and is considered to was thought to be the same species as current occurrences, by water body and be extremely rare. the Louisiana pearlshell (Margaritifera county, are shown in Table 2 below.

TABLE 2—WATER BODIES WITH KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE ALABAMA PEARLSHELL

Water body Drainage County State Historical or current

Big Flat Creek ...... Alabama ...... Monroe ...... AL Historical and Current. Brushy Creek ...... Alabama ...... Monroe ...... AL Historical. Limestone Creek ...... Alabama ...... Monroe ...... AL Historical. Amos Mill Creek ...... Escambia ...... Conecuh, Escambia ...... AL Current. Autrey Creek ...... Escambia ...... Conecuh ...... AL Historical. Beaver Creek ...... Escambia ...... Conecuh ...... AL Historical. Bottle Creek ...... Escambia ...... Conecuh ...... AL Historical and Current. Brushy Creek ...... Escambia ...... Conecuh ...... AL Historical. Burnt Corn Creek ...... Escambia ...... Conecuh ...... AL Historical and Current. Horse Creek ...... Escambia ...... Crenshaw ...... AL Historical. Hunter Creek ...... Escambia ...... Conecuh ...... AL Historical and Current. Jordan Creek ...... Escambia ...... Conecuh ...... AL Historical and Current. Little Cedar Creek ...... Escambia ...... Conecuh ...... AL Historical and Current. Murder Creek ...... Escambia ...... Conecuh ...... AL Historical. Otter Creek ...... Escambia ...... Conecuh ...... AL Historical and Current. Sandy Creek ...... Escambia ...... Conecuh ...... AL Historical and Current.

The Amos Mill population, late 1990s, more than 70 locations dead individual collected in 1995 discovered in 2010, represents a new within the Alabama River Basin were (Shelton 1999 in litt.), and the last record, and possibly the only known surveyed for mollusks (McGregor et al. reported occurrence in the Limestone surviving population in the Sepulga 1999, pp. 13–14; Powell and Ford 2010 Creek drainage was 1974, where River drainage. The Burnt Corn and pers. obs.; Buntin and Fobian 2011 pers. Williams (2009 pers. comm.) reported it Otter Creek populations reaffirm comm.), 35 of which were located in the as common. Despite numerous visits, historical records that had not been Limestone and Big Flat Creek drainages, the pearlshell has not been collected in reported in nearly 30 years. Two of the and no live Alabama pearlshell were this system since 1974. A fresh dead Sandy Creek locations, discovered in reported. The last documented individual collected by Shelton in 1995, 2011, are new populations. Since the occurrence in Big Flat Creek was a fresh

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represents the most recent record from During two visits to the stream in 1999, B.H. Wright in 1899 and placed in the the Big Flat Creek drainage. Shelton found no evidence of the genus Unio. Simpson (1900) reexamined Recent data suggest that, of the nine species (Shelton 1999 in litt.), and the type specimen and assigned it to the remaining populations, the largest may reported high levels of sedimentation. genus Obovaria. Based on shell occur in Little Cedar and Otter Mill However, in 2005 the shells of three characters, Williams and Butler (1994, creeks. In 2011, Fobian and Pritchett fresh dead Alabama pearlshells were p. 61) recognized it as clearly a species reported new populations at two reported from Hunter Creek, indicating of the genus Fusconaia, and its the persistence of the species in that locations in an unnamed tributary to placement in the genus is supported drainage (Powell, pers. obs. 2005). genetically (Lydeard et al. 2000, p. 149). Sandy Creek. Although this is not the Evidence suggests that much of the first report from the Sandy Creek basin, Very little is known about the habitat rangewide decline of this species has requirements or life history of the round it is the first for the two unnamed occurred within the past few decades. tributaries. In 2010, Buntin and Fobian ebonyshell. It occurs in small to Specific causes of the decline and medium rivers, typically in stable (2011 pers. comm.) reported 10 live disappearance of the Alabama pearlshell individuals from Otter Creek. This is the substrates of sand, small gravel, or from historical stream localities are sandy mud in slow to moderate current. first time since 1981 that the pearlshell unknown. However, they are likely has been reported from this drainage. It is believed to be a short-term brooder, related to past and present land use and gravid females have been observed Also in 2010, Powell and Ford reported patterns. Many of the small streams in the spring and summer. The fish three live individuals, and several relic historically inhabited by the Alabama host(s) for the round ebonyshell is shells, from Amos Mill Creek, in pearlshell are impacted to various currently unknown (Williams et al. Escambia County, AL. This is the first degrees by nonpoint-source pollution. report of the pearlshell from this 2008, p. 320). drainage, and county, and the first live Round Ebonyshell The round ebonyshell is known only individual from the Sepulga River The round ebonyshell (Fusconaia from the main channel of the Escambia- system in nearly 50 years. Little Cedar rotulata, Wright 1899) is a medium- Conecuh River and is the only mussel Creek supported good numbers of sized freshwater mussel endemic to the species endemic to the drainage Alabama pearlshell in the late 1990’s Escambia River drainage in Alabama (Williams et al. 2008, p. 320). Due to (54 individuals reported in 1998). and Florida (Williams et al. 2008, p. recent survey data, its known range was However, during a qualitative search of 320). The round ebonyshell is round to extended downstream the Escambia the same area in 2005, only two live oval in shape and reaches about 70 mm River to Molino, Florida (Gangloff 2012 pearlshell were found (Powell 2005 (2.8 in.) in length. The shell is thick and pers. comm.), and upstream in the pers. obs.), and in 2006, three live the exterior is smooth and dark brown Conecuh River to just above the pearlshells were observed (Johnson to black in color. The shell interior is Covington County line in Alabama 2006 in litt.). Live Alabama pearlshell white to silvery and iridescent (Williams et al. 2008, p. 320). The round have not been observed in Hunter Creek (Williams and Butler 1994, p. 61; ebonyshell’s known historical and since 1998, when eight live individuals Williams et al. 2008, p. 319). The round current occurrences, by water body and were reported (Shelton 1999 in litt.). ebonyshell was originally described by county, are shown in Table 3 below.

TABLE 3—WATER BODIES WITH KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE ROUND EBONYSHELL

Water body Drainage County State Historical or current

Conecuh River ...... Escambia ...... Escambia, Covington ...... AL Historical and Current. Escambia River ...... Escambia ...... Escambia, Santa Rosa ...... FL Historical and Current.

The round ebonyshell has a very that cause streambed destabilization like is smooth and shiny, and greenish restricted distribution (Williams and gravel mining, dredging, and de- yellow to dark brown or black in color, Butler 1994, p. 61), with its current snagging for navigation. Due to its sometimes with weak rays. The shell range (based on live individuals and limited distribution and rarity, interior is bluish white with some shell material) confined to McGregor (2004, p. 56) considered the iridescence (Williams and Butler 1994, approximately 144 km (89 mi) of the round ebonyshell vulnerable to p. 126; Williams et al. 2008, p. 624). The Escambia-Conecuh River main channel. extinction, and classified it as a species southern kidneyshell was described by The round ebonyshell is also considered of highest conservation concern in H. van der Schalie (1934) as Lampsilis to be extremely rare (Williams et al. Alabama. Williams et al. (1993, p. 11) jonesi. Following the examination of 2008, p. 320). Researchers collected a considered the round ebonyshell as gills of gravid females, Fuller and total of three live individuals during a endangered throughout its range. Bereza (1973, p. 53) determined it belonged in the genus Ptychobranchus. 2006 dive survey (Shelton et al. 2007, Southern Kidneyshell pp. 8–10 unpub. report), and 4 more When gravid, the marsupial gills form were collected during a dive survey in The southern kidneyshell folds along the outer edge, a 2011 (Gangloff 2012 pers. comm). At (Ptychobranchus jonesi, van der Schalie characteristic unique to the genus stations where the species was present 1934) is a medium-sized freshwater Ptychobranchus (Williams et al. 2008, p. in the 2011 survey, 219 mussels were mussel known from the Escambia and 609). collected for every 1 round ebonyshell. Choctawhatchee River drainages in Very little is known about the habitat Because its distribution is limited to the Alabama and Florida, and the Yellow requirements or life history of the main channel of one river, the round River drainage in Alabama (Williams et southern kidneyshell. It is typically ebonyshell is particularly vulnerable to al. 2008, p. 624). The southern found in medium creeks to small rivers catastrophic events such as flood scour kidneyshell is elliptical and reaches in firm sand substrates with slow to and contaminant spills, and to activities about 72 mm (2.8 in.) in length. Its shell moderate current (Williams et al. 2008,

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pp. 625). A recent status survey in the glochidia in small conglutinates that are The southern kidneyshell is endemic Choctawhatchee basin in Alabama bulbous at one end and tapered at the to the Escambia, Choctawhatchee, and found its preferred habitat to be stable other (Alabama Aquatic Biodiversity Yellow River drainages in Alabama and substrates near bedrock outcroppings Center 2006, unpub. data). Host fish for Florida (Williams et al. 2008, p. 624), (Gangloff and Hartfield 2009, p. 25). The the southern kidneyshell are currently but is currently known only from the southern kidneyshell is believed to be a unknown; however, darters serve as Choctawhatchee River drainage. The long-term brooder, with females gravid primary glochidial hosts to other southern kidneyshell’s known historical from autumn to the following spring or members of the genus Ptychobranchus and current occurrences, by water body summer. Preliminary reproductive (Luo 1993, p. 16; Haag and Warren and county, are shown in Table 4 below. studies found that females release their 1997, p. 580).

TABLE 4—WATER BODIES WITH KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE SOUTHERN KIDNEYSHELL

Water body Drainage County State Historical or current

Burnt Corn Creek ...... Escambia ...... Escambia ...... AL Historical. Jordan Creek ...... Escambia ...... Conecuh ...... AL Historical. Sepulga River ...... Escambia ...... Conecuh ...... AL Historical. Conecuh River ...... Escambia ...... Covington, Crenshaw ...... AL Historical. Patsaliga Creek ...... Escambia ...... Covington, Crenshaw ...... AL Historical. Little Patsaliga Creek ...... Escambia ...... Crenshaw ...... AL Historical. Hollis Creek ...... Yellow ...... Covington ...... AL Historical. Choctawhatchee River ...... Choctawhatchee ...... Walton ...... FL Historical. Sandy Creek ...... Choctawhatchee ...... Walton ...... FL Historical. Holmes Creek ...... Choctawhatchee ...... Washington ...... FL Current. Choctawhatchee River ...... Choctawhatchee ...... Geneva, Dale ...... AL Historical and Current. Pea River...... Choctawhatchee ...... Geneva, Coffee, Dale, Pike, AL Historical and Current. Barbour. Flat Creek ...... Choctawhatchee ...... Geneva ...... AL Historical. Whitewater Creek ...... Choctawhatchee ...... Coffee ...... AL Historical. West Fork Choctawhatchee River Choctawhatchee ...... Dale, Barbour ...... AL Historical and Current. East Fork Choctawhatchee River Choctawhatchee ...... Dale, Henry ...... AL Historical.

Since 1995, the southern kidneyshell concern in Alabama by McGregor (2004, rounded posteriorly, and sometimes has been detected at only 10 locations p. 83), and considered threatened slightly more inflated (Athearn 1964, p. within the Choctawhatchee River throughout its range by Williams et al. 137). The Choctaw bean was originally drainage. The species appears to have (1993, p. 14) described by H.D. Athearn in 1964. been common historically (in 1964, H. Very little is known about the habitat Choctaw Bean D. Athearn collected 98 individuals at requirements or life history of the one site on the West Fork The Choctaw bean (Villosa Choctaw bean. It is found in medium Choctawhatchee), but it is currently choctawensis, Athearn 1964) is a small creeks to medium rivers in stable considered one of the most imperiled freshwater mussel known from the substrates of silty sand to sandy clay species in the United States (Blalock- Escambia, Yellow, and Choctawhatchee with moderate current. It is believed to Herod et al. 2005, p. 16; Williams et al. River drainages of Alabama and Florida. be a long-term brooder, with females 2008, p. 625). In addition to a reduction The oval shell of the Choctaw bean gravid from late summer or autumn to in range, its numbers are very low. A reaches about 49 mm (2.0 in.) in length, the following summer. Its fish host is 2006–2007 status survey in the Alabama and is shiny and greenish-brown in currently unknown (Williams et al. portion of the Choctawhatchee basin color, typically with thin green rays, 2008, p. 758). found the southern kidneyshell was though the rays are often obscured in The Choctaw bean is known from the extremely rare. A total of 13 were darker individuals. The shell interior Escambia, Yellow, and Choctawhatchee encountered alive, and the species color varies from bluish white to smoky River drainages in Alabama and Florida comprised less than 0.3 percent of the brown with some iridescence (Williams (Williams et al. 2008, p. 758). The total mussel assemblage (Gangloff and and Butler 1994, p. 100; Williams et al. Choctaw bean’s known historical and Hartfield 2009, p. 249). It is classified as 2008, p. 758). The sexes are dimorphic, current occurrences, by water body and a species of highest conservation with females truncate or widely county, are shown in Table 5 below.

TABLE 5—WATER BODIES WITH KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE CHOCTAW BEAN

Water body Drainage County State Historical or current

Escambia River ...... Escambia ...... Escambia, Santa Rosa ...... FL Historical and Current. Burnt Corn ...... Escambia ...... Conecuh ...... AL Current. Murder Creek ...... Escambia ...... Conecuh ...... AL Historical. Pigeon Creek ...... Escambia ...... Butler ...... AL Historical. Patsaliga Creek ...... Escambia ...... Crenshaw ...... AL Historical and Current. Little Patsaliga Creek ...... Escambia ...... Crenshaw ...... AL Historical. Olustee Creek ...... Escambia ...... Pike ...... AL Current. Conecuh River ...... Escambia ...... Crenshaw, Pike ...... AL Current. Yellow River ...... Yellow ...... Okaloosa ...... FL Historical and Current. Five Runs Creek ...... Yellow ...... Covington ...... AL Historical and Current.

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TABLE 5—WATER BODIES WITH KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE CHOCTAW BEAN—Continued

Water body Drainage County State Historical or current

Yellow River ...... Yellow ...... Covington ...... AL Historical and Current. Choctawhatchee River ...... Choctawhatchee ...... Walton, Washington, Holmes ...... FL Historical and Current. Holmes Creek ...... Choctawhatchee ...... Washington ...... FL Current. Bruce Creek ...... Choctawhatchee ...... Walton ...... FL Current. Wrights Creek ...... Choctawhatchee ...... Holmes ...... FL Current. Choctawhatchee River ...... Choctawhatchee ...... Geneva, Dale ...... AL Historical and Current. Pea River ...... Choctawhatchee ...... Geneva, Coffee, Pike, Barbour ... AL Historical and Current. Limestone Creek ...... Choctawhatchee ...... Walton ...... FL Current. Flat Creek ...... Choctawhatchee ...... Geneva ...... AL Current. Whitewater Creek ...... Choctawhatchee ...... Coffee ...... AL Current. Pea Creek ...... Choctawhatchee ...... Barbour ...... AL Current. Big Sandy Creek ...... Choctawhatchee ...... Bullock ...... AL Current. Claybank Creek ...... Choctawhatchee ...... Dale ...... AL Current. West Fork Choctawhatchee River Choctawhatchee ...... Dale, Barbour ...... AL Historical and Current. Judy Creek ...... Choctawhatchee ...... Dale ...... AL Current. Pauls Creek ...... Choctawhatchee ...... Barbour ...... AL Current. East Fork Choctawhatchee River Choctawhatchee ...... Henry, Barbour ...... AL Historical and Current.

The Choctaw bean persists in most of the Choctaw bean as threatened Fusconaia escambia. Based on soft its historic range. However, it has throughout its range. anatomy similarity, Williams et al. (2008, p. 296) recognized burkei as experienced localized extirpations and Tapered Pigtoe its numbers are low, particularly in the belonging to the genus Fusconaia. Escambia and Yellow river drainages. Of The tapered pigtoe (Fusconaia burkei, Recent molecular studies by Campbell 7 historical sites known to support the Walker 1922) is a small to medium- and Lydeard (2012, p. 28) support the species within the Escambia River sized mussel endemic to the distinctiveness of burkei as a species drainage, 1 location currently supports Choctawhatchee River drainage in and its assignment to the genus the species. Also, its numbers within Alabama and Florida (Williams et al. Fusconaia. 2008, p. 296). The elliptical to the drainage are very low; a total of 14 The tapered pigtoe is found in subtriangular shell of the tapered pigtoe individuals have been collected since medium creeks to medium rivers in reaches about 75 mm (3.0 in.) in length, 1995. Within the Yellow River drainage, stable substrates of sand, small gravel, and is sculptured with plications the Choctaw bean is currently known or sandy mud, with slow to moderate from 4 locations which yielded 15 (parallel ridges) that radiate from the posterior ridge. In younger individuals, current (Williams et al. 2008, p. 296). individuals total. In the Choctawhatchee the shell exterior is greenish brown to The reproductive biology of the tapered River drainage, 3 of 10 historical sites yellowish brown in color, occasionally pigtoe was studied by White et al. examined recently continue to support with faint dark-green rays, and with (2008). It is a short-term brooder, with the species. The Choctaw bean pronounced sculpture often covering females gravid from mid-March to May. continues to persist in most areas and is the entire shell; in older individuals, the The blacktail shiner (Cyprinella currently known from a total of 37 shell becomes dark brown to black with venusta) was found to serve as a host for locations throughout the drainage. age, and sculpture is often subtle. The tapered pigtoe glochidia in the Heard (1975, p. 17) assessed the status shell interior is bluish white (Williams preliminary host trial (White et al. 2008, of the Choctaw bean in 1975 and stated et al. 2008, p. 295). The tapered pigtoe p. 122–123). that it was formerly abundant in the was described by B. Walker (in Ortmann The tapered pigtoe is endemic to the main channel of the Choctawhatchee and Walker 1922) as Quincuncina Choctawhatchee River drainage in River in Florida, but has become quite burkei, a new genus and species. In the Alabama and Florida (Williams et al. rare. McGregor (2004, p. 103) description, Ortmann noted the species 2008, p. 296). Its historical and current considered the Choctaw bean vulnerable had gill features characteristic of the distribution includes several oxbow to extinction due to its limited genus Fusconaia; however, this was lakes in Florida, some with a flowing distribution and habitat degradation, dismissed based on the presence of connection to the main channel. The and classified it as a species of high sculpture on the shell. Genetic analysis tapered pigtoe’s known historical and conservation concern in Alabama. by Lydeard et al. (2000, p. 149) current occurrences, by water body and Williams et al. (1993, p. 14) considered determined it to be a sister taxon to county, are shown in Table 6 below.

TABLE 6—WATER BODIES WITH KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE TAPERED PIGTOE

Water body Drainage County State Historical or current

Pine Log Creek ...... Choctawhatchee ...... Washington, Bay ...... FL Current. Choctawhatchee River ...... Choctawhatchee ...... Walton, Washington, Holmes ...... FL Historical and Current. Crews Lake ...... Choctawhatchee ...... Washington ...... FL Current. Crawford Lake ...... Choctawhatchee ...... Washington ...... FL Historical. Horseshoe Lake ...... Choctawhatchee ...... Washington ...... FL Historical. Holmes Creek ...... Choctawhatchee ...... Washington, Holmes, Jackson .... FL Historical and Current. Bruce Creek ...... Choctawhatchee ...... Walton ...... FL Current. Sandy Creek ...... Choctawhatchee ...... Walton ...... FL Current. Blue Creek ...... Choctawhatchee ...... Holmes ...... FL Current.

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TABLE 6—WATER BODIES WITH KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE TAPERED PIGTOE— Continued

Water body Drainage County State Historical or current

Wrights Creek ...... Choctawhatchee ...... Holmes ...... FL Current. Tenmile Creek ...... Choctawhatchee ...... Holmes ...... FL Historical. West Pittman Creek ...... Choctawhatchee ...... Holmes ...... FL Current. East Pittman Creek ...... Choctawhatchee ...... Holmes ...... FL Historical and Current. Parrot Creek ...... Choctawhatchee ...... Holmes ...... FL Current. Limestone Creek ...... Choctawhatchee ...... Walton ...... FL Historical and Current. Eightmile Creek ...... Choctawhatchee ...... Walton ...... FL Current. Flat Creek ...... Choctawhatchee ...... Geneva ...... AL Historical and Current. Pea River ...... Choctawhatchee ...... Coffee, Dale, Pike, Barbour ...... AL Historical and Current. Big Creek (Whitewater Creek trib- Choctawhatchee ...... Pike ...... AL Current. utary). Big Creek (Pea River tributary) .... Choctawhatchee ...... Barbour ...... AL Current. Pea Creek ...... Choctawhatchee ...... Barbour ...... AL Current. Hurricane Creek ...... Choctawhatchee ...... Geneva ...... AL Historical. Choctawhatchee River ...... Choctawhatchee ...... Dale ...... AL Historical. Little Choctawhatchee River ...... Choctawhatchee ...... Dale, Houston ...... AL Historical. Panther Creek ...... Choctawhatchee ...... Houston ...... AL Historical. Bear Creek ...... Choctawhatchee ...... Houston ...... AL Historical. West Fork Choctawhatchee River Choctawhatchee ...... Dale, Barbour ...... AL Historical and Current. Judy Creek ...... Choctawhatchee ...... Dale ...... AL Current. Pauls Creek ...... Choctawhatchee ...... Barbour ...... AL Current.

The tapered pigtoe appears to be Narrow Pigtoe Little is known about the habitat absent from portions of its historic range requirements or life history of the and found only in isolated locations The narrow pigtoe (Fusconaia narrow pigtoe. It is found in medium (Blalock-Herod et al. 2005, p. 17). The escambia, Clench and Turner 1956) is a creeks to medium rivers, in stable species was not detected at 9 of the 22 small to medium-sized mussel known substrates of sand, sand and gravel, or historical sites examined during recent from the Escambia River drainage in silty sand, with slow to moderate status surveys. Most of those are in the Alabama and Florida, and the Yellow current. It is believed to be a short-term middle portion of the drainage in River drainage in Florida. The brooder, with females gravid during Alabama, and the species appears to be subtriangular to squarish shaped shell of spring and summer. The host fish for declining in this portion of its range. the narrow pigtoe reaches about 75 mm the narrow pigtoe is currently unknown The tapered pigtoe is currently known (3.0 in.) in length. The shell is (Williams et al. 2008, p. 317). The from a total of 53 locations within the moderately thick and is usually reddish species is somewhat unusual in that it Choctawhatchee River drainage. The brown to black in color. The shell tolerates a small reservoir environment species persists mainly in the lower interior is white to salmon in color with (Williams 2009 pers. comm.). portions of the drainage and in isolated iridescence near the posterior margin Reproducing narrow pigtoe populations locations in Alabama. (Williams and Butler 1994, p. 77; were found recently in some areas of Due to its limited distribution, rarity, Williams et al. 2008, p. 316). The Point A Lake and Gantt Lake reservoirs. and habitat degradation, Blalock-Herod narrow pigtoe was originally described The narrow pigtoe is endemic to the (2004, p. 105) considered the tapered by W. J. Clench and R. D. Turner in Escambia River drainage in Alabama pigtoe vulnerable to extinction, and 1956. Both molecular (Campbell and and Florida, and to the Yellow River classified it as a species of high Lydeard 2012, p. 28) and morphological drainage in Florida (Williams et al. conservation concern in Alabama. The (Williams et al. 2008, p. 316) evidence 2008, p. 317). The narrow pigtoe’s tapered pigtoe is considered threatened support the distinctiveness of escambia known historical and current throughout its range by Williams et al. as a species and its assignment to the occurrences, by water body and county, (1993, p. 14). genus Fusconaia. are shown in Table 7 below.

TABLE 7—WATER BODIES WITH KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE NARROW PIGTOE

Water body Drainage County State Historical or current

Escambia River ...... Escambia ...... Escambia, Santa Rosa ...... FL Historical and Current. Conecuh River ...... Escambia ...... Escambia, Covington, Crenshaw, AL Historical and Current. Pike. Burnt Corn Creek ...... Escambia ...... Conecuh ...... AL Current. Murder Creek ...... Escambia ...... Conecuh ...... AL Historical and Current. Bottle Creek ...... Escambia ...... Conecuh ...... AL Historical. Panther Creek ...... Escambia ...... Butler ...... AL Historical. Persimmon Creek ...... Escambia ...... Butler ...... AL Current. Three Run Creek ...... Escambia ...... Butler ...... AL Current. Patsaliga Creek ...... Escambia ...... Covington, Crenshaw ...... AL Current. Yellow River ...... Yellow ...... Santa Rosa, Okaloosa ...... FL Historical and Current.

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The narrow pigtoe still occurs in southern sandshell is elliptical in shape sand and fine gravel, with slow to much of its historic range, but may be and reaches about 83 mm (2.3 in.) in moderate current. It is a long-term extirpated from localized areas. In the length. Its shell is smooth and shiny, brooder, and females are gravid from Escambia River drainage, the narrow and greenish in color in young late summer or autumn to the following pigtoe occurs in nearly all of its specimens, becoming dark greenish spring (Williams et al. 2008, p. 338). historical range and is currently known brown to black with age, with many The southern sandshell is one of only from 28 locations. It was not detected at variable green rays. The shell interior is four species that produce a 3 out of 10 historical sites examined bluish white and iridescent. Sexual superconglutinate to attract a host. The recently in the drainage. The species is dimorphism is present as a slight superconglutinate mimics the shape, rare in the Yellow River drainage; a total inflation of the posterioventral shell coloration, and movement of a fish and of 23 individuals from 4 locations have margin of females (Williams and Butler is produced by the female mussel to been collected since 1995. 1994, p. 97; Williams et al. 2008, p. hold all glochidia (larval mussels) from McGregor (2004, p. 55) considered the 337). The southern sandshell (Hamiota one year’s reproductive effort (Haag et narrow pigtoe vulnerable to extinction australis) was originally described by C. al. 1995, p. 472). Although the fish host because of its limited distribution, T. Simpson (1900) as Lampsilis for the southern sandshell has not been rarity, and susceptibility to habitat australis. Heard (1975), however, identified, it likely uses predatory degradation, and classified it as a designated it as a species of Villosa. It sunfishes such as basses, like other species of highest conservation concern was placed in the genus Hamiota by Roe Hamiota species (Haag et al. 1995, p. in Alabama. Williams et al. (1993, p. 11) and Hartfield (2005, pp. 1–3), who 475; O’Brien and Brim Box 1999, p. 134; considered the narrow pigtoe threatened confirmed earlier published suggestions Blalock-Herod et al. 2002, p. 1885). throughout its range. by Fuller and Bereza (1973, p. 53) and O’Brien and Brim Box (1999, pp. 135– The southern sandshell is endemic to Southern Sandshell 136) that this species and three others the Escambia River drainage in The southern sandshell (Hamiota of the genus Lampsilis represent a Alabama, and the Yellow and australis, Simpson 1900) is a medium- distinct genus. This separation from Choctawhatchee River drainages in sized freshwater mussel known from the other Lampsilis is supported genetically Alabama and Florida (Blalock-Herod et Escambia River drainage in Alabama, (Roe et al. 2001, p. 2230). al. 2002, pp. 1882, 1884). The southern and the Yellow and Choctawhatchee The southern sandshell is typically sandshell’s known historical and River drainages in Alabama and Florida found in small creeks and rivers in current occurrences, by water body and (Williams et al. 2008, p. 338). The stable substrates of sand or mixtures of county, are shown in Table 8 below.

TABLE 8—WATER BODIES WITH KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE SOUTHERN SANDSHELL

Water body Drainage County State Historical or current

Burnt corn creek ...... Escambia ...... Escambia, Conecuh ...... AL Historical and Current. Murder Creek ...... Escambia ...... Conecuh ...... AL Current. Jordan Creek ...... Escambia ...... Conecuh ...... AL Current. Sepulga River ...... Escambia ...... Conecuh ...... AL Historical. Conecuh River ...... Escambia ...... Covington, Crenshaw, Pike ...... AL Current and Historical. Little Patsaliga Creek ...... Escambia ...... Crenshaw ...... AL Historical. Patsaliga Creek ...... Escambia ...... Crenshaw ...... AL Current. Yellow River ...... Yellow ...... Okaloosa ...... FL Current. Shoal River ...... Yellow ...... Okaloosa, Walton ...... FL Current. Pond Creek ...... Yellow ...... Okaloosa ...... FL Historical and Current. Yellow River ...... Yellow ...... Covington ...... AL Historical and Current. Five Runs Creek ...... Yellow ...... Covington ...... AL Historical and Current. Alligator Creek ...... Choctawhatchee ...... Washington ...... FL Historical. Holmes Creek ...... Choctawhatchee ...... Holmes, Jackson ...... FL Historical. Bruce Creek ...... Choctawhatchee ...... Walton ...... FL Current. West Sandy Creek ...... Choctawhatchee ...... Walton ...... FL Current. Choctawhatchee River ...... Choctawhatchee ...... Holmes ...... FL Historical and Current. Tenmile Creek ...... Choctawhatchee ...... Holmes ...... FL Historical. Wrights Creek ...... Choctawhatchee ...... Holmes ...... FL Current. Limestone Creek ...... Choctawhatchee ...... Walton ...... FL Historical. Choctawhatchee River ...... Choctawhatchee ...... Geneva, Dale ...... AL Historical and Current. Pea River...... Choctawhatchee ...... Geneva, Coffee, Dale, Pike, AL Historical and Current. Barbour. Flat Creek ...... Choctawhatchee ...... Geneva ...... AL Current. Eightmile Creek ...... Choctawhatchee ...... Geneva, Walton ...... AL, FL Current. Natural Bridge Creek ...... Choctawhatchee ...... Geneva ...... AL Current. Corner Creek ...... Choctawhatchee ...... Geneva ...... AL Current. Whitewater Creek ...... Choctawhatchee ...... Coffee ...... AL Historical. Pea Creek ...... Choctawhatchee ...... Barbour ...... AL Historical and Current. Double Bridges Creek ...... Choctawhatchee ...... Coffee ...... AL Current. Little Choctawhatchee River ...... Choctawhatchee ...... Dale, Houston ...... AL Historical. West Fork Choctawhatchee River Choctawhatchee ...... Barbour, Dale ...... AL Historical and Current. Sikes Creek ...... Choctawhatchee ...... Barbour ...... AL Current. Pauls Creek ...... Choctawhatchee ...... Barbour ...... AL Current. East Fork Choctawhatchee River Choctawhatchee ...... Dale, Henry ...... AL Historical and Current.

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The southern sandshell persists in its attract a sight-feeding fish to its B.H. Wright (1898) as Unio strodeanus. historic range; however, its range is superconglutinate lure. Waters clouded Simpson (1900) reexamined the type fragmented and numbers appear to be by silt and sediment would reduce the specimen and reassigned it to the genus declining (Williams et al. 2008, p. 338). chance of this interaction occurring Pleurobema. Recent molecular data In the Escambia River drainage, the (Haag et al. 1995, p. 475). support that strodeanum is distinct as a species was detected at 1 of 4 historic The southern sandshell is classified as species and belongs to the genus locations surveyed recently. Also, its a species of highest conservation Pleurobema (Campbell and Lydeard numbers are very low in the drainage; concern in Alabama by Blalock-Herod 2012, p. 29). a total of 20 individuals from 6 locations (2004, p. 60), and considered threatened The fuzzy pigtoe is found in medium have been collected in the Escambia throughout its range by Williams et al. creeks to medium rivers in stable River drainage since 1995. Southern (1993, p. 11). substrates of sand and silty sand with sandshell numbers in the Yellow River slow to moderate current. The Fuzzy Pigtoe. drainage are also fairly low, with 65 reproductive biology of the fuzzy pigtoe individuals collected recently at a total The fuzzy pigtoe (Pleurobema was studied by White et al. (2008, pp. of 17 locations. The species was not strodeanum, Wright (1898) is a small to 122–123). It is a short-term brooder, detected at 2 of the 4 historic locations medium-sized mussel known from the with females gravid from mid-March to examined recently in the drainage. In Escambia, Yellow, and Choctawhatchee May. The blacktail shiner (Cyprinella the Choctawhatchee River drainage, the River drainages in Alabama and Florida venusta) was found to serve as a host for number of historic locations that (Williams et al. 2008, p. 574). The fuzzy fuzzy pigtoe glochidia in the currently support the species has pigtoe is oval to subtriangular and preliminary study trial. declined from 16 to 5, and it appears to reaches about 75 mm (3.0 in.) in length. The fuzzy pigtoe is endemic to the be extirpated from central portions of Its shell surface is usually dark brown Escambia, Yellow, and Choctawhatchee the Choctawhatchee River main channel to black in color. The shell interior is River drainages in Alabama and Florida and from some tributaries. bluish white, with slight iridescence (Williams et al. 2008, p. 574). The fuzzy Sedimentation could be one factor near the margin (Williams and Butler pigtoe’s known historical and current contributing to its decline. In order to 1994, p. 90; Williams et al. 2008, p. occurrences, by water body and county, reproduce, the southern sandshell must 573). The fuzzy pigtoe was described by are shown in Table 9 below.

TABLE 9—WATER BODIES WITH KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE FUZZY PIGTOE

Water body Drainage County State Historical or current

Escambia River ...... Escambia ...... Escambia, Santa Rosa ...... FL Historical and Current. Conecuh River ...... Escambia ...... Escambia, Covington, Crenshaw, AL Historical and Current. Pike. Burnt Corn Creek ...... Escambia ...... Conecuh ...... AL Historical and Current. Murder Creek ...... Escambia ...... Conecuh ...... AL Historical and Current. Jordan Creek ...... Escambia ...... Conecuh ...... AL Historical and Current. Sandy Creek ...... Escambia ...... Conecuh ...... AL Historical. Bottle Creek ...... Escambia ...... Conecuh ...... AL Historical and Current. Sepulga River ...... Escambia ...... Conecuh ...... AL Historical. Persimmon Creek ...... Escambia ...... Butler ...... AL Current. Pigeon Creek ...... Escambia ...... Covington, Butler ...... AL Historical and Current. Patsaliga Creek ...... Escambia ...... Crenshaw ...... AL Historical and Current. Little Patsaliga Creek ...... Escambia ...... Crenshaw ...... AL Historical and Current. Mill Creek ...... Escambia ...... Pike ...... AL Historical. Yellow River ...... Yellow ...... Okaloosa ...... FL Historical and Current. Yellow River ...... Yellow ...... Covington ...... AL Historical. Choctawhatchee River ...... Choctawhatchee ...... Walton, Washington, Holmes ...... FL Historical and Current Holmes Creek ...... Choctawhatchee ...... Washington, Holmes, Jackson .... FL Historical and Current. Bruce Creek ...... Choctawhatchee ...... Walton ...... FL Current. Sandy Creek ...... Choctawhatchee ...... Walton ...... FL Current. Blue Creek ...... Choctawhatchee ...... Holmes ...... FL Current. Wrights Creek ...... Choctawhatchee ...... Holmes ...... FL Historical and Current. Tenmile Creek ...... Choctawhatchee ...... Holmes ...... FL Current. West Pittman Creek ...... Choctawhatchee ...... Holmes ...... FL Current. East Pittman Creek ...... Choctawhatchee ...... Holmes ...... FL Current. Limestone Creek ...... Choctawhatchee ...... Walton ...... FL Historical. Eightmile Creek ...... Choctawhatchee ...... Walton ...... FL Current. Choctawhatchee River ...... Choctawhatchee ...... Geneva, Dale ...... AL Historical and Current. Pea River...... Choctawhatchee ...... Geneva, Coffee, Dale, Pike, AL Historical and Current. Barbour. Flat Creek ...... Choctawhatchee ...... Geneva ...... AL Current. Whitewater Creek ...... Choctawhatchee ...... Coffee ...... AL Current. Walnut Creek ...... Choctawhatchee ...... Pike ...... AL Current. Pea Creek ...... Choctawhatchee ...... Barbour ...... AL Current. Big Sandy Creek ...... Choctawhatchee ...... Bullock ...... AL Current. Steep Head Creek ...... Choctawhatchee ...... Coffee ...... AL Current. Claybank Creek ...... Choctawhatchee ...... Dale ...... AL Current. Hurricane Creek ...... Choctawhatchee ...... Geneva ...... AL Current. Little Choctawhatchee River ...... Choctawhatchee ...... Dale, Houston ...... AL Historical. Panther Creek ...... Choctawhatchee ...... Houston ...... AL Historical. West Fork Choctawhatchee River Choctawhatchee ...... Dale, Barbour ...... AL Historical and Current.

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TABLE 9—WATER BODIES WITH KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE FUZZY PIGTOE—Continued

Water body Drainage County State Historical or current

Judy Creek ...... Choctawhatchee ...... Dale ...... AL Current. Pauls Creek ...... Choctawhatchee ...... Barbour ...... AL Current. Unnamed tributary to Lindsey Choctawhatchee ...... Barbour ...... AL Current. Creek. East Fork Choctawhatchee River Choctawhatchee ...... Dale ...... AL Current. East Fork Choctawhatchee River Choctawhatchee ...... Henry ...... AL Historical and Current.

Within the Escambia River drainage, October 4, 2011, and closed on provided several narrative comments, the fuzzy pigtoe was detected at 15 of December 5, 2011. We also requested and we addressed most of those below; the 21 historic locations surveyed since comments on the proposed listing and however, a few minor comments are 1995; however, its status in the drainage critical habitat rule and the associated directly incorporated into this final rule. is difficult to assess as 9 historical sites draft economic analysis during a Another peer reviewer submitted a have not been surveyed since 1995, and comment period that opened March 27, marked-up copy of the proposed rule, at least 3 other sites have vague 2012, and closed on April 26, 2012 (77 noting errors and suggestions; we localities. The fuzzy pigtoe is FR 18173). We did not receive any adopted most of the suggested changes exceedingly rare in the Yellow River requests for a public hearing, so none and incorporated them directly into this drainage, where it is currently known were held. We also contacted all final rule. Peer reviewer comments are from 1 of 4 historic locations. A single appropriate State and Federal agencies addressed in the following summary individual collected in 2010 in the main (including the States of Alabama and and incorporated into this final rule as channel in Florida is the only recent Florida, from whom we directly appropriate. record of the species in the drainage. Its requested comments), county Peer Reviewer Comments range in the Yellow River drainage has governments, elected officials, scientific declined, and the species may no longer organizations, and other interested (1) Comment: Much of the recent occur in the upper portion of the parties and invited them to comment. status data utilized were obtained from drainage in Alabama. In the Articles concerning the proposed rule personal communications, unpublished Choctawhatchee River drainage, the and inviting public comment were (i.e., non-peer-reviewed) reports or other fuzzy pigtoe stills occurs in nearly all of published by seven local newspapers. generally unavailable reports. its historic range and is currently known During the first comment periods, we Accordingly, it is difficult to assess the from a total of 50 locations; however, received five comment letters directly rigor of these studies or the Service’s the species has become extirpated in addressing the proposed listing and interpretation of their data. More localized areas. Fifteen of the 18 historic critical habitat designation. During the information, including sampling effort locations in the drainage were surveyed second comment period, we received and methods, mussel catch per unit recently, and 8 continue to support four comment letters addressing the effort, numbers encountered relative to fuzzy pigtoe populations. At one site on proposed listing and critical habitat other species, and specifics of study site Limestone Creek, a once abundant designation and the draft economic locations, is needed to better assess population may have disappeared—a analysis. All substantive information changes in population status or total of 42 live fuzzy pigtoes were provided during both comment periods distributions. collected in 1988; the surveyor revisited has either been incorporated directly Our response: We obtained much of the site in 1993, and found only 1 live into this final determination or is the status data, particularly the recent and 4 dead specimens and noted that addressed below. survey data, from unpublished reports, the creek appeared to have more sand field notes, or emails. This information Peer Review and that mussels were not as abundant is the best scientific data available to us (Butler 1988 and 1993 in litt.). No fuzzy In accordance with our peer review at this time. Although the unpublished pigtoes were detected during a 2011 site policy published on July 1, 1994 (59 FR reports are not available through visit (Gangloff 2012 pers. com.). 34270), we requested the expert journals, they are part of the The fuzzy pigtoe is considered opinions of four knowledgeable administrative record and can be vulnerable to extinction because of its individuals with expertise on freshwater obtained through the Panama City Field limited distribution and dwindling mussel conservation and biology, and Office (see ADDRESSES section). We habitat by McGregor (2004, p. 101), who with familiarity of the eight species and agree that information on sampling classified it as a species of high the three river basins in which they methods and effort, relative numbers, conservation concern in Alabama. occur. We received written responses locations, etc., is important; however, Williams et al. (1993, p. 11) considered from two of the four peer reviewers we the occurrence data are a compilation of the fuzzy pigtoe a species of special contacted. numerous surveys, and it is not concern throughout its range. We reviewed all comments received practical to report detailed information from the two peer reviewers for related to each survey effort. Summary of Comments and substantive and new information Documenting changes in status and Recommendations regarding the proposal to list and population trends over the period of We requested written comments from designate critical habitat for the eight record is problematic because historic the public on the proposed listing and mussels. The peer reviewers generally collections often lack basic information designation of critical habitat for the concurred with our conclusions and such as the specific locality, total eight mussels during two comment provided additional information, number of species or individuals periods. The first comment period clarifications, and suggestions to collected, or even collection date. The associated with the publication of the improve the final listing and critical only accurate comparison that can be proposed rule (76 FR 61482) opened on habitat rule. One peer reviewer made of so many different sources of

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historical and recent collection data is threatened species (see ‘‘Determination’’ the result of the two mainstem dams on whether a particular species was section). On the other hand, new the Conecuh River, creating units detected (present) or not (absent) during information confirms that the Choctaw GCM1, GCM2, GCM3, and GCM4. In the the survey. bean’s range in the Escambia River Choctawhatchee drainage, GCM6 and (2) Comment: The assignment of drainage has declined, and its GCM7 are the result of the Elba dam on endangered or threatened species status abundance rangewide is currently low. the Pea River mainstem. Threats to units appears to be somewhat arbitrary. Three It currently faces severe and imminent downstream of the dams (GCM1 and species are clearly in serious decline threats in its aquatic habitats, and these GCM6) can include altered water quality and warrant endangered status: threats are compounded by its low (temperatures, dissolved oxygen), Alabama pearlshell, round ebonyshell, abundance. Based on this new fluctuations in flow regime, and bed and southern kidneyshell. However, the information, we therefore find that the scour. Threats unique to the unit southern sandshell and Choctaw bean Choctaw bean continues to be in danger encompassing the two reservoirs appear to have among the largest extant of extinction throughout its limited (GCM2) are related to the operation of ranges of any species covered in the range and are listing it as an endangered the dams and include drawdowns. proposed rule and remain extant in the species as proposed (see Threats to the units upstream of the Choctawhatchee, Escambia, and Yellow ‘‘Determination’’ section). dams (GCM 3, GCM 4 and GCM 7) rivers drainages. This distinction needs (3) Comment: More clarification about include the absence of anadromous fish more quantitative or more detailed the number of historical sites (as well as hosts. These dams are barriers to biological justification. what constitutes a ‘site’) that have been upstream fish passage, and potentially Our response: In assessing the status resurveyed for all of these taxa is to mussel gene flow. For these reasons, of these mussels, we analyzed each needed. The reviewer states that this we believe these mainstem dams are species’ current distribution (range), information is critical to assessing logical boundaries. Finally, the critical abundance (numbers), and population declines, and is difficult to extract from habitat units do not infer recovery units. trend. We also examined the magnitude the rule as currently written. We have not yet completed a recovery of the various threats to each of the Our response: We added Table 1 to plan for these species, but our recovery species. Section 3(6) of the Act defines the final rule to consolidate information strategy for the eight mussels will an endangered species as ‘‘any species on occurrence and abundance. We also undoubtedly involve managing and which is in danger of extinction added a statement that we considered protecting these river systems at the throughout all or a significant portion of sampling areas in close proximity to the watershed level. its range,’’ and section 3(20) of the Act same site. Specifically, areas sampled (5) Comment: A reviewer suggested defines a threatened species as ‘‘any that are within 2 river km (1.2 mi) we consider combining units AP2 and species which is likely to become an (approximately) of each other are GCM1. endangered species within the considered the same site, whereas Our response: We believe combining foreseeable future throughout all or a sampled areas that are more than 2 km units AP2 and GCM1 would be an significant portion of its range.’’ At the apart are considered different sites. inaccurate representation of the time the proposed rule published, we (4) Comment: The boundaries of the Alabama pearlshell’s range and habitat. had determined that the current status critical habitat units seem somewhat The Alabama pearlshell is a headwater of the southern sandshell and Choctaw arbitrary. The reviewer asserted that species and, as such, seldom co-occurs bean, combined with the threats they separation of the basins into these units with the other six species in the are facing, made them in danger of artificially inflates perceived drainage. extinction throughout their range. fragmentation and discontinuities in the (6) Comment: Cumberlandia is found However, since the proposed rule was system. Many of these units are at the throughout the Mississippi basin not published, additional surveys have very least hydrologically and just the Tennessee drainage. taken place, including a Service-funded physiochemically connected, and also Our response: The context of the status survey, and we now have new likely remain biologically connected to Cumberlandia information was the status and distribution information. In a degree. Specifically, the peer reviewer distribution of the genus in Alabama. this final rule, we updated the suggested that units GCM1, GCM2, We revised the sentence to make this occurrence information to reflect the GCM3, and GCM4 should be considered more clear. new data, and we reexamined the status a single critical habitat unit, and GCM6 (7) Comment: Dredging, of each species. These new data include and GCM7 should likewise be merged channelization, and snag removal and locations of populations of the southern into a single critical habitat unit. The resulting streambed destabilization sandshell in two new creek systems, peer reviewer asserted that this would should be listed as the foremost threats Murder and West Sandy creeks, and in emphasize connectivity of these systems to round pearlshell (reviewer meant two historical creek systems, Burnt Corn and the importance of managing aquatic round ebonyshell). This taxon is and Pond creeks. The new data also populations at a watershed scale. relatively drought tolerant as its core showed that southern sandshell Another commenter agreed and populations appear to reside in deep abundance is higher than previously requested that the Service follow the water habitats. known. Because the species is found in recommendation of the peer reviewer Our response: We agree and have numerous streams, we have determined and consolidate the six units into two added these activities as threats to the it is no longer in danger of extinction distinct units. round ebonyshell. throughout its range. However, the Our response: We carefully (8) Comment: Characterization of species does still face the wide range of considered how to delineate the narrow pigtoe habitat is somewhat threats explained in the ‘‘Summary of boundaries of the units. Our vague and seems to imply that this Factors Affecting the Species’’ section consideration focused primarily on animal is a small to moderate-sized and is vulnerable to meeting the connectivity and threats, and the spatial stream specialist. The reviewer stated definition of an endangered species if distribution of the physical and that occupied habitats include reaches these threats continue. Therefore, we are biological features essential to the of the lower Escambia and Yellow revising the status of the southern conservation of each species. The four rivers, and considers both fairly large sandshell and are listing it as a divisions in the Escambia drainage are rivers.

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Our response: We made minor of their survey, Hollis Creek was a No comments were received from the revisions to the description of narrow small, sandy, intermittent stream at its State of Alabama. pigtoe habitat to clarify. However, we confluence with the Yellow River and (14) Comment: The Florida Fish and disagree that the lower Escambia and was unlikely to support listed mussels. Wildlife Commission generally Yellow rivers are large rivers, and we Our response: The Yellow River at the concurred with our methods and follow the description by Williams et al. U.S. 84 crossing has a recent (1996) conclusions, and supports the listing (2008 p. 317) which classifies them as collection of Choctaw bean, and this and the designation of critical habitat. medium-sized rivers. This species is portion of the river will remain as Our response: We appreciate the known from medium-sized creeks such critical habitat. The 5.5-km (3.5-mi) support and look forward to continuing as Murder and Patsaliga creeks in segment of Hollis Creek was included as to work with the Florida Fish and Alabama and medium-sized rivers such critical habitat in unit GCM5 in the Wildlife Commission to recovery these as the lower Escambia and Yellow rivers proposed rule, but we have removed mussels. in Florida. We would describe nearby this segment in this final rule based on (15) Comment: One commenter river systems like the Mobile and this new information, and adjusted the asserted that the listing of the eight Apalachicola as ‘‘large.’’ The species final critical habitat lengths for Unit mussels and designation of critical does not occur in these rivers. GCM5 and the entire designation habitat in the Florida Panhandle Region (9) Comment: What is the status of the accordingly. will increase costs and time spent on proposed Little Choctawhatchee River (13) Comment: A peer reviewer asked Florida Department of Transportation Reservoir? why Fort Rucker lands were not (FDOT) activities due to the need to Our response: The Little included as critical habitat, and stated conduct mussel surveys, the need to Choctawhatchee project is a proposed that this reach seems to be an important have formal section 7 consultation with water supply reservoir project in Dale section that is likely to be disturbed by the Service, the need to hire specialized and Houston Counties, Alabama. The Department of Defense activities, which consultants to conduct the survey and Choctawhatchee, Pea, and Yellow in turn could affect listed mussel perform the formal consultation, and the Rivers Watershed Management populations downstream in the mandated time requirements of a formal Authority has applied for a section 404 Choctawhatchee River. section 7 consultation. The comment permit from the U.S. Army Corps of Our response: Fort Rucker has states that, due to the significant Engineers. The project is in need of completed an integrated natural number of bridges needing replacement funding, but it is anticipated that it will resources management plan (INRMP) and the limited funds available, these move forward (Industrial Economics that guides conservation activities on increased costs and prolonged timelines 2012, p. 4–11). the installation through 2014. Lands will have an economic burden and will (10) Comment: One reviewer stated within military installations are exempt constitute a safety concern for the that there may be some commercial from critical habitat designation under public. harvest of Alabama pearlshell, and section 4(a)(3) of the Act, provided they Our response: The economic analysis asked if the Service has encountered are: ‘‘* * * subject to an integrated includes data provided by FDOT on the any evidence for this claim. natural resources management plan number of road and bridge construction Our response: We have no evidence prepared under section 101 of the Sikes and maintenance projects likely to occur that Alabama pearlshell were or are Act (16 U.S.C. 670a), if the Secretary over the next 20 years. The final being harvested commercially. determines in writing that such plan economic analysis (FEA) estimates a (11) Comment: A peer reviewer provides a benefit to the species for total of 122 consultations over the next suggested we include additional which critical habitat is proposed for 20 years associated with road and bridge information in the document regarding designation.’’ The INRMP specifically construction and maintenance activities the Elba Dam and its impact on addresses maintaining and improving within or affecting proposed critical downstream hydrology. The peer water quality through sedimentation habitat in Florida. The total present reviewer stated that it is a run-of-river and erosion control, land management value incremental impact of structure and is, to his knowledge, not practices, and improved treatment consultations on these projects is managed for hydropower production. facilities. Therefore, in the proposed $358,000 (an annualized impact of The peer reviewer would like to see rule we determined that the streams on $31,600). As described in section 3.2 of more info about the height and Ft. Rucker were exempt from the the FEA, once the species are listed, the permeability of this and other dam designation. In addition, the INRMP Service may recommend mussel surveys structures. will be updated to incorporate the for proposed projects. However, these Our response: At the time the southern kidneyshell, Choctaw bean, surveys would be recommended proposed rule was published, we tapered pigtoe, southern sandshell, and regardless of critical habitat due to the mistakenly believed the Elba Dam was fuzzy pigtoe. We will work with Fort presence of listed species, and are not in operation. However, the dam is Rucker’s Environmental and Natural therefore not quantified as a cost of the currently operating, generating power Resources Division to incorporate designation. In general, designation of during peak periods and storing some conservation actions specific to these critical habitat by itself does not water. We have revised our discussion species into the INRMP. generate the need for formal section 7 of the dam’s operation, and added dam consultation. Consultation is triggered height and fish passage information for Comments From the States by activities that may affect the listed the structure. We likewise added dam Section 4(i) of the Act states, ‘‘the species or its critical habitat. Because height and fish passage information for Secretary shall submit to the State each unit is already occupied by one or the Gantt and Point A dams on the agency a written justification for his more of the mussel species, consultation Conecuh River. failure to adopt regulations consistent would be required for activities with a (12) Comment: A peer reviewer with the agency’s comments or Federal nexus that may affect the mentioned that they did not find any petition.’’ Comments received from the species regardless of the designation of mussels during a recent survey in the State of Florida regarding the proposal critical habitat. Transportation Yellow River upstream from the U.S. 84 to list and designate critical habitat for planning, including planning for bridge crossing or in Hollis Creek. At the time the eight mussels are addressed below. replacement projects, typically has a

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timeline, from planning to construction, construction projects that can be species. As a result, incremental of approximately 5 years. Informal and addressed under section 7 of the Act. economic impacts of critical habitat formal section 7 consultation can take Threats may include direct injury and associated with consultation on the place concurrent with other aspects of loss of individuals, as well as effects to Navy’s INRMP would be limited to environmental planning without adding other PCEs such as maintaining additional administrative effort. The to the overall project timeline. There are geomorphically stable stream and river FEA is therefore revised to incorporate also alternatives to individual project channels (PCE 1), and stable substrates additional administrative costs to Units consultations, such as a programmatic (PCE 2). Therefore, we are not excluding AP2 and GCM1 associated with the formal consultation for bridge lands in the State of Florida. annual formal consultation on the replacement projects, that could NAS’s INRMP. Comments From Federal Agencies expedite the consultation process while Public Comments reducing costs. The assessment of (17) Comment: The U.S. Navy potential impacts of a project on critical expressed its interest and commitment (18) Comment: Comments received habitat occurs at the same time as the to work proactively with the Service to from several groups and individuals assessment of the potential for the address potential issues should these support the listing of the eight mussels project to adversely affect a listed species be listed under the Act. The and designation of critical habitat. species. Consequently, critical habitat Navy also provided information on These include: The Freshwater Mollusk designation is not anticipated to properties within the watersheds of the Conservation Society, the generate additional delays in project proposed critical habitat units AP2 and Choctawhatchee River Keeper, the schedules. Bridges that present an GCM1, and these include Naval Air Center for Biological Diversity, imminent public safety hazard may Station (NAS) Whiting Field’s Navy American Rivers, and two anonymous constitute an emergency, requiring Outlying Landing Field (NOLF) commenters. emergency consultation. The Service Evergreen (Alabama) and NOLF Pace Our response: We appreciate the has procedures for addressing (Florida). support. emergency consultations that provide Our response: After receiving these (19) Comment: Multiple comments guidance to avoid and minimize effects comments, the Service contacted the assert that the critical habitat to species and their habitat while Navy and requested updated GIS files to designation will generate benefits. One allowing the emergency response to better assess the locations of the NOLFs comment suggests that critical habitat proceed. In non-emergency situations, relative to proposed critical habitat. could be a stimulus for getting local, when public safety is at risk, the Once we had the detailed NOLF State, and Federal resources agencies to consultation can often be expedited to boundaries, we determined that the cooperate to address threats such as address safety concerns. NOLF Pace does not have critical untreated active gully systems and to (16) Comment: One comment states habitat within the boundary of the expand work to reduce pollutant that Florida’s Environmental Resource property, and that the NOLF Evergreen transport from unpaved roads and Permitting (ERP) Program provides the does have critical habitat within its associated roadside water conveyances. eight mussels with an additional level of boundary. NOLF Evergreen is situated Another comment asserts that the environmental protection that is not within the Murder Creek drainage and mussels contribute economic value offered in Alabama. The comment states includes an approximately 0.40-km through denitrification of rivers, that ERP ensures heightened water (0.25-mi) segment of Hunter Creek, reducing the need to treat the water. A quality requirements and best which is critical habitat in unit AP2 for third comment similarly suggests that management practices. The comment the Alabama pearlshell. We also the Service should consider the asserts that Florida should be excluded determined that the NAS Whiting Field economic benefits of the rule in terms from the requirements of critical habitat Complex INRMP specifically addresses of water quality improvements that will designation due to the presence of maintaining and improving water benefit downstream water users and applicable State statutes, including ERP, quality, and will be updated to public health. which applies to all activities on State, incorporate the Alabama pearlshell. Our response: Section 2.3.3 of the county, city, or Federal properties. Therefore, lands within this installation DEA describes that, ‘‘[U]nder Executive Our response: In response to are exempt from critical habitat Order 12866, OMB directs Federal information provided by the FDOT, designation under section 4(a)(3) of the agencies to provide an assessment of section 3.1.2 of the FEA includes a Act as described in the ‘‘Exemptions’’ both the social costs and benefits of description of the Florida ERP and the section, and this final rule has been proposed regulatory actions * * * baseline protections it provides the changed accordingly. Rather than rely on economic measures, eight mussels. The existence of this This comment provides new the Service believes that the direct program does not preclude section 7 information on the administrative effort benefits of the proposed rule are best consultation requirements for projects required on the part of the NAS for expressed in biological terms that can be with a Federal nexus. As such, the maintenance of its INRMP. Review and weighed against the expected cost existence of this program does not updating of this INRMP occurs annually impacts on the rulemaking.’’ As change the estimated incremental and would therefore occur regardless of described in section 4.4 of the DEA, the impacts of critical habitat designation in critical habitat designation. However, designation of critical habitat is not Florida, which are limited to incremental administrative effort may anticipated to generate additional administrative costs of consultation. be required to consider the impact of conservation measures for the eight The heightened water quality protection activities covered under the INRMP on mussels beyond those that will be measures of Florida’s ERP provide critical habitat. As discussed in section generated by their listing. Absent benefits to freshwater mussels and 4.1 of the DEA, the Service does not changes in land management or support primary constituent element anticipate the critical habitat conservation measures for the eight (PCE) 4, water quality. However, this designation will generate mussels, we do not expect any measure alone cannot address all the recommendations for conservation incremental economic benefits, potential threats to these species and efforts beyond those it would including improved water quality and their habitat from large-scale recommend due to the listing of the associated benefits to human health and

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reduced cost of downstream water of the species. We are designating Species and is summarized in the treatment, to result specifically from critical habitat in areas within the Determination sections. A threats matrix designation of critical habitat for the geographical area occupied by the detailing our best understanding of the eight mussels. species at the time of listing in 2012. We relative importance of these threats has (20) Comment: One commenter also are designating specific areas been developed and is in the provided a recent publication of a outside the geographical area occupied administrative record and available molecular study by Campbell and by the species at the time of listing, that upon request (see ADDRESSES above). Lydeard (2012) titled The genera of were historically occupied, but are (23) Comment: When properly Pleurobemini (Bivalvia: Unionidae: presently unoccupied, because we have implemented, forestry best management Ambleminae). The study confirms the determined that such areas are essential practices protect water quality and taxonomy of Fusconaia burkei, F. for the conservation of these species. We habitat for species associated with escambia, and Pleurobema strodeanum, have no data showing the Alabama riparian, aquatic, and wetland habitats. and it reassigns Fusconaia rotulata to pearlshell occurred in any of the rivers Implementation and compliance rates the new genus Reginaia. or creeks suggested for inclusion in the for forestry best management practices Our response: We incorporated these comment. For this reason, and based on are high nationally and in the Southeast, recent findings into this final the above criteria, we have no scientific including in Alabama and Florida. determination, except the reassignment information to support the extension of Our response: The Service agrees that of Fusconaia rotulata to the new genus critical habitat in units AP1 and AP2 best management practices (BMPs) are Reginaia. It is the Service’s policy to into the mainstem of these rivers at this protective of water quality and mussel recognize a nomenclature change once it time. habitat, and that industrial forestry has been vetted and generally accepted The southern kidneyshell’s activities generally do a good job of by the scientific community. However, occurrence in the Yellow River is based implementing BMPs. However, BMPs because this finding was published in on a single specimen collected in 1919, are voluntary and, therefore, are not 2012, it has not had time to go through from Hollis Creek in Covington County, always implemented. In addition, some this process. If the change is accepted, Alabama. The Hollis Creek segment was harvesting operations fail to use BMPs we can revise the name in the future. re-surveyed in 2012, and the surveyor adequately, and localized impacts can (21) Comment: One commenter agreed noted the stream is small and and do occur. We consider sediment with the Service’s inclusion of the intermittent, and is unlikely to support from silvicultural activities to be one of Alabama pearlshell and southern listed mussels (see comment 12); this kidneyshell on the Federal List of many potential sediment sources within may indicate habitat degradation or a watershed. Endangered or Threatened Wildlife, but hydrology alteration or both since the (24) Comment: Sustainable forestry states that the proposed critical habitat collection. At this time, we do not certification programs require should be extended to cover historically believe that southern kidneyshell participants to meet or exceed forestry known ranges. The currently proposed critical habitat should include the best management practices and help critical habitat zones for the Alabama Yellow River drainage (including ensure high rates of implementation. pearlshell, AP1 and AP2, do not contain GCM5) because it is not essential to the Our response: The Service agrees that any main stream channel that would conservation of the species and does not prevent population isolation. The contain the physical or biological the sustainable forestry program is one commenter recommended the Service features needed to support the species. of the most effective programs to ensure include those sections of the Escambia (22) Comment: The proposed rule BMPs are properly implemented. River, Conecuh River, Cedar Creek, and contains considerable speculation as to Nonetheless, because they are the entirety of Murder Creek in order to possible causes for reduced populations voluntary, BMPs are not always connect Burnt Corn Creek, Murder of the eight mussel species. The Service implemented (see our response to Creek, and the Sepulga River and allow should rely instead on rigorous Comment (23)) and some forestry for a continuous stretch of critical scientific information about activities can contribute sediments into habitat for the Alabama pearlshell. The relationships between factors stream systems. commenter also stated that unit AP2 potentially affecting these species, (25) Comment: Suspended solids from (commenter meant AP1) should be including the proposed water quality modern biological wastewater treatment extended to contain sections of the criteria associated with primary plants are often comprised largely of Alabama River to allow the Alabama constituent elements, and actual organic matter, and such solids would pearlshell to increase its range and population responses. generally not be expected to contribute numbers. Finally, the commenter Our response: The Service has significantly to sedimentation or recommended extending the southern monitored the status of the eight contaminated sediment. kidneyshell’s proposed critical habitat mussels since they first became Our response: The Service concurs to include unit GCM5 in order to candidates for listing in 2004. Since that with this comment. We have no include known historical ranges and time, the Service and the States have information that suspended solids improve the species’ chance of recovery. funded numerous efforts to develop a discharged by wastewater treatment Our response: As described under better understanding of the natural plants, at permitted levels, are a threat Criteria Used to Identify Critical history of these species. We have also to the eight mussels at this time. Habitat, We reviewed available analyzed the threats to these species (26) Comment: Sediment issues in the information pertaining to the habitat using the best available science on southeastern United States are requirements of these species. In surrogate species. The natural histories complicated by a legacy of poor accordance with the Act and its of these species are likely very similar agricultural practices during the 1800s implementing regulation at 50 CFR to other species in the family and early 1900s, which raises questions 424.12(e), we considered whether Unionidae, and it is reasonable to about sources of sediment problems and designating additional areas—outside assume that similar threats will affect the relative magnitudes of different those currently occupied as well as these species in a similar manner. Each sediment sources today. Silvicultural those occupied at the time of listing— threat is discussed in detail in the activities generally have only a small, are necessary to ensure the conservation Summary of Factors Affecting the short-lived impact on water quality,

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especially when compared with other not affecting the determination (e.g., the total length of critical habitat in the land uses. updating the Background section in proposed rule. This happened due to its Our response: We agree that one of response to comments, minor omission from a spreadsheet used to the primary sources of sedimentation in clarifications) were made throughout calculate the total length of units. The these basins is legacy sediment; the document. Below is a summary list Corner Creek segment was, however, however, we not aware of any studies of more substantive changes made to included in the critical habitat that have looked at the relative this document. description in the proposed rule. The contribution of historic and current (1) The total length of critical habitat corrected length of the unit is 897 mi sediment sources. We agree that was revised to 2,404 km (1,494 mi.) due (557 km). silvicutural activities have a small and to the removal of Hollis Creek, the (5) Correcting other small errors in short-lived impact on water quality exemption of a small section of Hunter Table 10. Specifically, for southern compared to other land uses; however, Creek, and the accidental omission of sandshell,in unit GCM1, we revisedthe we do not believe the activities have one segment (Corner Creek) in a total length to 2,222 km (1,379 mi); for small and short-lived impact to habitat spreadsheet used to sum unit lengths for southern kidneyshell, we changed unit quality. As discussed under Factor A the proposed rule. Corner Creek was GCM5 to GCM6 and revised its total under Summary of Factors Affecting the featured in the unit descriptions and length to 1,975 km (1,226 mi); and for Species, heavy sediment loads can maps of the proposed rule, but was fuzzy pigtoe, we changed unit GCM2 to destroy mussel habitat, resulting in a inadvertently left out of the spreadsheet. GCM1 and revised its total length to corresponding shift in mussel fauna (2) The status of the southern 2,222 km (1,379 mi). (Brim Box and Mossa 1999, p. 100), and sandshell was revised to a threatened (6) Changing the term ‘‘protected’’ to can lead to rapid changes in stream species based on a peer reviewer’s ‘‘managed’’ in Table 11 to more channel position, channel shape, and comment and new survey data. accurately define the various types of bed elevation (Brim Box and Mossa (3) Unit AP2 was revised to remove a public lands. 1999, p. 102). 0.4 km (0.25 mi) segment of Hunter (7) Where appropriate, updating (27) Comment: Herbicides used in Creek in Covington County, Alabama. occurrence information to incorporate forest management operation pose little This segment was determined to be data from a status survey completed in risk to fauna, and there is no evidence exempt under section 4(a)(3) of the Act March of 2012. that they endanger viability of aquatic because it receives management under organisms. an approved INRMP created by the U.S. Summary of Factors Affecting the Our response: We do not agree that Navy (see comment 17 and our Species there is no evidence that herbicides response). Section 4 of the Act and its used in forest management endanger (4) Table 1 was added to address peer implementing regulations (50 CFR part viability of aquatic organisms. As review comment 3. described under Factors A and D under (5) The Taxonomy, Life History, and 424) set forth the procedures for adding Summary of Factors Affecting the Distribution section was revised to species to the Federal Lists of Species, numerous studies have reflect additional threats to round Endangered and Threatened Wildlife documented that certain pesticides are ebonyshell identified by a reviewer. and Plants. A species may be listed as lethal to mussels, particularly to the These additional threats include an endangered or threatened species highly sensitive early life stages. A dredging, channelization, and de- due to one or more of the five factors multitude of bioassay tests conducted snagging of trees and brush for described in section 4(a)(1) of the Act: on several mussel species show that navigation. (A) The present or threatened freshwater mussels are more sensitive (6) Information related to dam height destruction, modification, or than previously known to the pesticides and fish passage for Point A, Gantt, and curtailment of its habitat or range; (B) glyphosate and the surfactant MON Elba dams was added, and information overutilization for commercial, 0818, ingredients in some pesticides related to the operation of Elba dam on recreational, scientific, or educational used in forestry management. the Pea River was revised. purposes; (C) disease or predation; (D) (28) Comment: Climate change In addition to these changes and the inadequacy of existing regulatory models do not provide information that additions, several errors in the proposed mechanisms; or (E) other natural or is appropriate for making management rule were corrected. These include: manmade factors affecting its continued decisions regarding these mussel (1) Renumbering of tables. The existence. Listing actions may be species. proposed rule contained two Tables 1 warranted based on any of the above Our response: We agree that it would and 2; the second tables 1 and 2 were threat factors, singly or in combination. not be appropriate to use climate change renumbered to Tables 10 and 11 in this Each of these factors is discussed below. models, which are broad in scale, to document. A. The Present or Threatened make management decisions regarding (2) Adding 1 km (1 mi) to the length Destruction, Modification, or the eight mussels. However, we must of AP2. The length was recalculated and Curtailment of Its Habitat or Range consider evidence that climate change revised to 96 km (155 mi). could lead to increased frequency of (3) Removing a portion of GCM5. The habitats of freshwater mussels are severe storms and droughts, which Hollis Creek from its confluence with vulnerable to habitat modification and could affect these eight mussels in the the Yellow River upstream 5.5 km (3.5 water quality degradation from a future (see Factor E discussion, below). mi) to County Road 42, Covington number of activities associated with County, Alabama, was erroneously modern civilization. The primary cause Summary of Changes From Proposed included as critical habitat in the of the decline of these eight mussels has Rule proposed rule, and we have removed it been the modification and destruction After consideration of the comments from this final rule; the length of unit of their stream and river habitat, with we received during the public comment GCM 5 was revised to 247 km (153 mi.). sedimentation as the leading cause. periods (see above), we made changes to (4) Adding 5 km (3.0 mi) to GCM6. Their stream habitats are subject to the final listing rule. Many small, This corrects an accidental omission of pollution and alteration from a variety nonsubstantive changes and corrections, the Corner Creek segment length from of sources including adjacent land use

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activities, in-water activities, effluent feeding host fish will encounter the highly impaired unpaved road and river discharges, and impoundments. visual display of its superconglutinate corridor sites. In summary, the study Nonpoint-source pollution from land lure (Haag et al. 1995, p. 475; Blalock- found the threat of sedimentation and surface runoff originates from virtually Herod et al. 2002, p. 1885). If the habitat degradation is high throughout all land use activities and includes superconglutinate is not encountered by the Yellow River watershed with over sediments, fertilizer, herbicide and a host within a short time period, the 75 percent of sites assessed exhibiting pesticide residues; animal wastes; septic glochidia will become nonviable high or moderate risk, and the majority tank leakage and gray water discharge; (O’Brien and Brim Box 1999, p. 133). of known mussel locations impaired. and oils and greases. Current activities Also, evidence suggests that Potential sediment sources within a and land uses that can negatively affect conglutinates of the southern watershed include virtually any activity populations of these eight mussels kidneyshell, once released from the that disturbs the land surface. Current include unpaved road crossings, female mussel, must adhere to hard sources of sand, silt, and other sediment improper silviculture and agriculture surfaces in order to be seen by its fish accumulation in south-central Alabama practices, highway construction, host. If the surface becomes covered in and western Florida stream channels housing developments, pipeline fine sediments, the conglutinate cannot include unpaved road runoff, crossings, and cattle grazing. These attach and is swept away (Hartfield and agricultural lands, timber harvest, activities can result in physical Hartfield 1996, p. 373). livestock grazing, and construction and disturbance of stream substrates or the Biologists conducting mussel surveys other development activities (Williams riparian zone, excess sedimentation and within the drainages have reported and Butler 1994, p. 55; Bennett 2002, p. nutrification, decreased dissolved observations of excessive sedimentation 5 and references therein; Hoehn 1998, oxygen concentration, increased acidity in the streams and rivers of the three pp. 46–47 and references therein). The and conductivity, and altered flow. basins. While searching for the Alabama Choctawhatchee, Pea, and Yellow Limited range and low numbers make pearlshell in headwater streams of the Rivers Watershed Management Plan these eight mussels vulnerable to land Escambia and Alabama drainages, D. N. (CPYRWMP) and the Conecuh– use changes that would result in Shelton (1996, pp. 1–5 unpub. report) Sepulga–Blackwater Rivers Watershed increases in nonpoint-source pollution. reported many streams within the study Protection Plan (CSBRWPP) document Sedimentation is one of the most area had experienced heavy siltation, water quality impairments to the significant pollution problems for and that all species of mollusks Alabama portion of the watersheds. aquatic organisms (Williams and Butler appeared to be adversely affected. M. M. Both plans identify elevated levels of 1994, p. 55), and has been determined Gangloff (Gangloff and Hartfield 2009, sediment as one of the primary causes to be a major factor in mussel declines p. 253) observed large amounts of sand of impairment (CPYRWMP, p. 156; (Ellis 1936, pp. 39–40). Impacts and silt in the mainstem Pea and CSBRWPP, p. 110). In the resulting from sediments have been Choctawhatchee rivers during a 2006– Choctawhatchee and Yellow river noted for many components of aquatic 2007 survey, and considered this a drainages, four out of the nine streams communities. For example, sediments possible reason for the decline of in which sediment loads were have been shown to abrade or suffocate mussels in the drainage. calculated by the Geological Survey of periphyton (organisms attached to In 2009–2010, The Nature Alabama had significant sediment underwater surfaces); affect respiration, Conservancy completed an inventory impairment (CPYRWMP, p. 157). In growth, reproductive success, and and prioritization of impaired sites in Alabama, runoff from unpaved roads behavior of aquatic insects and mussels; the Yellow River watershed in Alabama and roadside gullies is considered the and affect fish growth, survival, and and Florida (Herrington et al., 2010 main source of sediment transported reproduction (Waters 1995, pp. 173– unpub. report). The study identified and into the streams of the drainages 175). Heavy sediment loads can destroy quantified the impacts of unpaved road (Bennett 2002, p. 5 and references mussel habitat, resulting in a crossings and streambank instability therein; CPYRWMP, p. 145). Unpaved corresponding shift in mussel fauna and erosion within the river corridor roads are constructed primarily of sandy (Brim Box and Mossa 1999, p. 100). and riparian zone, to assess materials and are easily eroded and Excessive sedimentation can lead to impairments that could impact the five transported to stream corridors. In rapid changes in stream channel species occurring in the drainage. A addition, certain silvicultural and position, channel shape, and bed total of 339 unpaved roads and agricultural activities cause erosion, elevation (Brim Box and Mossa 1999, p. approximately 209 river miles of riparian buffer degradation, and 102). Sedimentation has also been mainstem and tributaries were assessed increased sedimentation. Uncontrolled shown to impair the filter feeding ability using standardized methods. Out of access to streams by cattle can result in of mussels. When in high silt these, 409 sites ranked ‘‘High’’ or destruction of riparian vegetation, bank environments, mussels may keep their ‘‘Moderate’’ in risk of excessive degradation and erosion, and localized valves closed more often, resulting in sedimentation according to the sedimentation of stream habitats. reduced feeding activity (Ellis 1936, p. Sediment Risk Index. Many of the Land surface runoff also contributes 30), and high amounts of suspended impaired sites (149) were located nutrients (for example, nitrogen and sediments can dilute their food source upstream of known mussel locations. In phosphorus from fertilizers, sewage, and (Dennis 1984, p. 212). Increased addition, habitat conditions were animal manure) to rivers and streams, turbidity from suspended sediment can characterized at 44 known mussel causing them to become eutrophic. reduce or eliminate juvenile mussel locations; the sites were scored Excessive nutrient input stimulates recruitment (Negus 1966, p. 525; Brim numerically and rated as poor, fair, excessive plant growth (algae, Box and Mossa 1999, pp. 101–102). good, or excellent. The majority of the periphyton attached algae, and nuisance Many mussel species use visual cues to mussel sites were assessed to be either plants). This enhanced plant growth can attract host fishes; such a reproductive fair or poor. Most of these locations cause dense mats of filamentous algae strategy depends on clear water. For were within the vicinity of bridge that can expose juvenile mussels to example, increased turbidity may crossings and boat ramps and several, entrainment or predation and be impact the southern sandshell life cycle particularly in the Shoal River in detrimental to the survival of juvenile by reducing the chance that a sight- Florida, were directly downstream of mussels (Hartfield and Hartfield 1996,

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p. 373). Excessive plant growth can also that set maximum limits on certain mercury (in fish tissue) as reasons for reduce dissolved oxygen in the water pollutants or pollutant parameters. The inclusion (FDEP 2010b, pp. 4–6). when dead plant material decomposes. Alabama Department of Environmental While the negative effects of point- In a review of the effects of Management (ADEM) has designated the source discharges on aquatic eutrophication on mussels, Patzner and water use classification for most communities in Alabama and Florida Muller (2001, p. 329) noted that portions of the Escambia, Yellow, and have been reduced over time by stenoecious (narrowly tolerant) species Choctawhatchee Rivers as ‘‘Fish and compliance with State and Federal disappear as waters become more Wildlife’’ (F&W), and a few portions regulations pertaining to water quality, eutrophic. They also refer to studies that (mostly lakes) as ‘‘Swimming’’ (S). The there has been less success in dealing associate increased levels of nitrate with F&W designation establishes minimum with nonpoint-source pollution impacts. the decline and absence of juvenile water quality standards that are believed Because these contaminant sources stem mussels (Patzner and Muller 2001, pp. to protect existing species and water from urban surface runoff, private 330–333). Filamentous algae may also uses like fishing and recreation within landowner activities (construction, displace certain species of fish, or the designated area, while the S grazing, agriculture, silviculture), and otherwise affect fish–mussel classification establishes higher water public construction works (bridge and interactions essential to recruitment (for quality standards that are protective of highway construction and example, Hartfield and Hartfield 1996, human contact with the water. The maintenance), they are often more p. 373). Nutrient sources include Florida Department of Environmental difficult to regulate. fertilizers applied to agricultural fields Protection (FDEP) classifies all three These mussels require stable stream and lawns, septic tanks, and municipal river drainages as Class III waters. The and river habitats and activities that wastewater treatment facilities. Class III designation establishes cause channel instability can negatively Because of their sedentary minimum water quality standards that impact their populations. Activities characteristics, mussels are extremely are believed to protect species and uses such sand and gravel mining, the vulnerable to toxic effluents (Sheehan et such as recreation. The Choctawhatchee removal of large woody material, off- al. 1989, pp. 139–140; Goudreau et al. and Shoal Rivers are also designated as road vehicles use, and land use changes 1993, pp. 216–227; Newton 2003, p. Outstanding Florida Waters (OFW) by are known to cause channel 2543). Descriptions of localized the State of Florida. The designation destabilization. Activities that mortality have been provided for prevents the discharge of pollutants, destabilize stream beds and channels chemical spills and other discrete point- which would lower existing water can result in drastic alterations to source discharges; however, rangewide quality or significantly degrade the stream geomorphology and decreases in mussel density and OFW. consequently to the stream’s ecosystem. diversity may result from the more Instream gravel mining has been insidious effects of chronic, low-level Section 303(d) of the Clean Water Act implicated in the destruction of mussel contamination (Newton 2003, p. 2543, (33 U.S.C. 1251 et seq.) requires States populations (Stansbery 1970, p. 10; Newton et al. 2003, p. 2554). Freshwater to identify waters that do not fully Hartfield 1993, pp. 138–139). Instream mussel experts often report chemical support their designated use sand and gravel mining can cause severe contaminants as factors limiting to classification. These impaired water bank erosion, channel widening, unionids (Richter et al. 1997, pp. 1081– bodies are placed on the State’s 303(d) destruction of riparian habitats, and 1093). They note high sensitivity of list, and a total maximum daily load other geomorphic changes (Kanehl and early life stages to contaminants such as (TMDL) must be developed for the Lyons 1992, pp. 26–27; Brown et al. chlorine (Wang et al. 2007 pp. 2039– pollutant of concern. A TMDL is an 1998, pp. 987–992), including head cuts 2046), metals (Keller and Zam 1991, p. estimate of the total load of pollutants that can extend considerable distances 542; Jacobson et al. 1993, pp. 879–883), that a segment of water can receive upstream from the mines (Hartfield ammonia (Augspurger et al. 2003, pp. without exceeding applicable water 1993, pp. 138–139) and substrate 2571–2574; Wang et al. 2007 pp. 2039– quality criteria. Alabama’s 303(d) list disturbance and siltation impacts that 2046), and pesticides (Bringolf et al. identifies a total of 25 impaired stream can be realized for considerable 2007a,b pp. 2089–2092, pp. 2096–2099). segments within the Escambia, Yellow, distances downstream (Stansbery 1970, Pesticide residues from agricultural, and Choctawhatchee River basins that p. 10). Poorly located or inadequately residential, or silvicultural activities either support populations of the eight designed mines in the flood plain can enter streams mainly by surface runoff. species or that flow into streams that have similar effects and result in Agricultural crops locally grown within support them. The list identifies metals alterations to streams channels (Mossa the range of these mussels associated (mercury and lead), organic enrichment, and Coley, 2004, p. 2). For example, a with high pesticide use include cotton, pathogens, siltation, excess nutrients, or mined area along Big Escambia Creek peanuts, corn, and soybeans. Chlorine, unknown toxicity as reasons for near Century, Florida resulted in the metals, and ammonia are common impairment (ADEM 2010b, pp. 4–8). formation of a new channel through the constituents in treated effluent from Various potential point and non-point mines, causing excessive sedimentation municipal and industrial wastewater pollution sources are identified, such as in downstream areas. A large restoration treatment facilities. A total of 62 atmospheric deposition, pasture grazing, project was required to put the stream municipal and 39 industrial wastewater feedlots, municipal, industrial, urban back into its natural channel. Numerous treatment facilities are permitted in runoff, agriculture, and land mining operations occur along a gravel Alabama and Florida to discharge development. Florida’s 303(d) list vein in the upper Escambia and treated effluent into surface waters of identifies a total of 22 impaired stream Choctawhatchee river drainages in the three river drainages (FDEP 2010a; segments within the basins that either Florida and Alabama (Metcalf 2012 ADEM 2010a). support populations of seven of the pers. com). States maintain water-use species (the Alabama pearlshell does Operations that remove large woody classifications through issuance of not occur in Florida) or that flow into material from channels, either for National Pollutant Discharge streams that support them. The list navigation and maintenance Elimination System (NPDES) permits to identifies coliform bacteria, low (desnagging) or for the recovery of pre- industries, municipalities, and others dissolved oxygen (nutrients), and cut submerged timber (deadhead

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logging), have the potential to affect Three significant mainstem the Yellow River in Covington County, mussel communities by creating impoundments are situated within the Alabama; Lake Tholocco, on Claybank unstable substrates (Watters 1999, p. three drainages, all in Alabama. Creek, is a tributary to the 269). These types of permitted activities Constructed in 1923 for hydroelectric Choctawhatchee River in Dale County, are common in areas where these power generation, Point A Lake and Alabama. Waters released from these mussels occur. The removal of large logs Gantt Lake dams are located on the two shallow impoundments can have may result in changes to sedimentation mainstem of the Conecuh River in extremely elevated temperatures in patterns and stream morphology, the Covington County, Alabama. The summer, which alters the normal erosion of banks and bars, and the downstream dam, Point A, is 41 ft. high, temperature cycle downstream consequent loss of habitat structure and and Gantt dam is 35 ft. high. Combined, (Williams et al. 2000 unpub. data). species diversity (Watters 1999, p. 268; these two dams impound approximately The potential exists for more dams to Cathey et al. unpub. report, p. 1). 3,400 acres at normal pool. Both be constructed within the three Low flow conditions provide access to impoundments have limited storage drainages, and at least four additional stream margins and channels for off- capacity and are operated as modified impoundments are proposed. These road vehicles. The practice of driving run-of-river projects with daily peaking. include proposed impoundments on off-road vehicles within stream For example, when inflows to Gantt are Murder Creek and Big Escambia Creek channels has been observed in the greater than 1,500 cubic feet per second in the Escambia River drainage in upper Conecuh and Choctawhatchee (cfs), the outflow matches the inflow at Alabama, the Yellow River mainstem in river drainages (Metcalf 2012 pers. Point A. However, during the summer Florida, and the Little Choctawhatchee com). These vehicles may destabilize months, when inflows can fall below River in Alabama. These proposed stream banks, increase sedimentation 1,500 cfs, a portion of the inflow may projects have implications for rates, and may also directly crush be stored and released when power populations of all eight species. Given mussels (Stringfellow and Gagnon 2001, generation is in high demand. projected population increases and the p. 3). Regardless of the inflow, Point A dam need for municipal water supply, other Land use activities such as land has a minimum continuous discharge proposals for impoundment clearing and development can cause requirement of 500 cfs and a construction are expected in the future. channel instability by accelerating requirement to meet a dissolved oxygen In summary, the loss and degradation stormwater runoff into streams. level of no less than 4.0 milligram per of habitat from various forms of Increased runoff rates can result in bank liter (mg/l). pollution, stream bed destabilization, erosion and bed scour (Brim Box and The Elba dam on the Pea River and impoundments are a threat to the Mossa 1999, p. 103), and can lead to mainstem near Elba, Alabama, was continued existence of these eight channel incision (Booth 1990, p. 407; constructed in 1903 for power species. Degradation from Doyle et al. 2000, p. 157, 175). These generation. The dam generates power sedimentation and contaminants is a flow regime changes can significantly during peak periods and stores some threat to the habitat and water quality and rapidly alter the morphology of the water, but does not have a reservoir, necessary to support these species stream channel, and can eventually lead only a widened channel which is throughout their entire ranges. to degradation throughout the roughly one and a half to two times Sedimentation can cause mortality by watershed as sediments eroded in the wider upstream of the dam than suffocation; impair the ability to feed, upper portions are deposited in the downstream. The 29 ft. high structure is respire, and reproduce; and destabilize lower reaches (Doyle et al. 2000, pp. a barrier to to upstream fish migration substrate. Contaminants associated with 156, 175). (Williams et al. 2008, p. 34). Channel municipal and industrial effluents The damming of rivers has been a scour (deepening of the streambed as a (metals, ammonia, chlorine) and with major factor contributing to the demise result of erosion) is occurring agriculture and silviculture (pesticides) of freshwater mussels (Bogan 1993, p. downstream of the Elba Dam (Williams are lethal to mussels, particularly to the 604). Dams eliminate or reduce river 2010 pers. comm.). highly sensitive early life stages. These flow within impounded areas, trap silts All three dams are barriers to mussels require stabile stream and river and cause sediment deposition, alter upstream fish migration and to the channels, and quickly disappear from water temperature and dissolved oxygen movement of potential mussel host areas destabilized by gravel mining, the levels, change downstream water flow species. The Service (2003 pp. 13392–3) removal of large woody material, off- and quality, affect normal flood noted that Point A Dam and Elba Dam road vehicle use, and increased surface patterns, and block upstream and prevent threatened Gulf sturgeon runoff. The effects of impoundments are downstream movement of mussels and (Acipenser oxyrinchus desotoi) more subtle, but can cause severe their host fishes (Bogan 1993, p. 604; movement farther upstream at all flow alternations to mussel habitat both Vaughn and Taylor 1999, pp. 915–917; conditions. By blocking fish movement, upstream and downstream of the dam, Watters 1999, pp. 261–264; McAllister the dams may prevent gene exchange and can impair dispersal and breeding et al. 2000, p. iii; Marcinek et al. 2005, between upstream and downstream ability. While recent surveys for these pp. 20–21). Downstream of dams, mussel populations. Gulf sturgeon have species have documented several new mollusk declines are associated with been shown to serve as a primary host populations, they have also documented changes and fluctuation in flow regime, for mussel larvae (Fritts et al., in a decline in (and the loss of) many of scouring and erosion, reduced dissolved review), although we do not know if the known populations due to human oxygen levels, water temperatures, and they serve as a host for any of these impact. Therefore, we have determined changes in resident fish assemblages eight species. The three dams currently that the present or threatened (Williams et al. 1993, p. 7; Neves et al. separate populations of southern destruction, modification, or 1997, pp. 63–64; Watters 1999, pp. 261– kidneyshell, Choctaw bean, tapered curtailment of habitat and range is a 264; Marcinek et al. 2005, pp. 20–21). pigtoe, southern sandshell, and fuzzy threat with severe impact to the Because rivers are linear systems, these pigtoe. In addition, two smaller Alabama pearlshell, round ebonyshell, alterations can cause mussel declines impoundments are located on tributary southern kidneyshell, and Choctaw for many miles downstream of the dam streams. Lake Frank Jackson is situated bean, and is a threat with moderate (Vaughn and Taylor 1999, p. 916). on Lightwood Knot Creek, a tributary to impact to the tapered pigtoe, narrow

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pigtoe, southern sandshell, and fuzzy chlorothalonil and glyphosate, and the eight mussels (see Factor A discussion); pigtoe. This threat is current and is surfactant MON 0818. For example, however, this type of pollution is projected to continue and increase into several recent studies have difficult to regulate and not effectively the future with additional demonstrated that U.S. Environmental controlled by State and Federal water anthropogenic pressures. Protection Agency (EPA) criteria for quality regulations. Therefore, we find ammonia may not be protective of B. Overutilization for Commercial, current existing regulatory mechanisms freshwater mussels (Augspurger et al. Recreational, Scientific, or Educational are inadequate to protect the eight 2003, p. 2571; Newton et al. 2003, pp. Purposes mussels throughout their ranges. This 2559–2560; Mummert et al. 2003, pp. threat is current and is projected to None of the eight mussels are 2548–2552). continue into the future. commercially valuable species, and the Ammonia is an important aquatic streams and rivers that they inhabit are pollutant because of its relatively high E. Other Natural or Manmade Factors not subject to harvesting activities for toxicity and common occurrence in Affecting Its Continued Existence commercial mussel species. Although riverine systems. This has application to Random Catastrophic Events the eight species have been taken for the expected sources of these chemicals The Gulf coastal region is prone to scientific and private collections in the in the environment. Significant sources past, collecting is not considered a of nutrient enrichment leading to extreme hydrologic events. Extended factor in the decline of these species. elevated ammonia include industrial droughts result from persistent high- Such activity may increase as their wastewater, municipal wastewater pressure systems, which inhibit rarity becomes known; however, we treatment plant effluents, and urban and moisture from the Gulf of Mexico from have no specific information indicating agricultural runoff (chemical fertilizers reaching the region (Jeffcoat et al. 1991, that overcollection is currently a threat. and animal wastes) (Augspurger et al. p. 163–170). Warm, humid air from the Therefore, we find that overutilization 2007, p. 2026). Elevated copper in Gulf of Mexico can produce strong for commercial, recreational, scientific, surface waters can result from natural frontal systems and tropical storms or educational purposes is not a threat runoff sources, but is more often resulting in heavy rainfall and extensive to the eight mussels at this time. associated with a private or municipal flooding (Jeffcoat et al. 1991, p. 163– 170). Although floods and droughts are C. Disease or Predation wastewater effluent. Pesticide residues enter streams from agricultural, a natural part of the hydrologic Diseases of freshwater mussels are residential, or silvicultural runoff. processes that occur in these river poorly known, and we have no specific Environmental chlorine concentrations systems, these events may contribute to information indicating that disease will most often be associated with a the further decline of mussel poses a threat to populations of these point source discharge such as a populations suffering the effects of other eight species. Juvenile and adult municipal wastewater treatment facility. threats. mussels are prey items for some As indicated in the Factor A During high flows, flood scour can invertebrate predators and parasites (for discussion above, sedimentation is dislodge mussels where they may be example, nematodes and mites), and considered the most significant threat to injured, buried, or swept into unsuitable provide prey for a few vertebrate species these eight species. Best management habitats, or mussels may be stranded (for example, raccoons, muskrats, otters, practices (BMPs) for sediment and and perish when flood waters recede and turtles) (Hart and Fuller 1974, pp. erosion control are often recommended (Vannote and Minshall 1982, p. 4105; 225–240). However, we have no or required for construction projects; Tucker 1996, p. 435; Hastie et al. 2001, evidence of any specific declines in however, compliance, monitoring, and pp. 107–115; Peterson et al. 2011, these species due to predation. enforcement of these recommendations unpaginated). Heavy spring rains in Therefore, diseases and predation of are often poorly implemented. Although 2009 resulted in severe flooding in the freshwater mussels remain largely unpaved roads likely contribute the basins that destroyed numerous stream unstudied and are not considered a majority of sediment to the streams and crossings. threat to the eight mussels at this time. rivers in the basins, other sources During drought, stream channels may including forestry, row crops, and become disconnected pools where D. The Inadequacy of Existing construction contribute to the total mussels are exposed to higher water Regulatory Mechanisms sediment load. temperatures, lower dissolved oxygen There is no information on the States are required under the Clean levels, and predators, or channels may sensitivity of the Alabama pearlshell, Water Act to establish a TMDL for the become dewatered entirely. Johnson et round ebonyshell, southern kidneyshell, pollutants of concern that the water al. (2001, p. 6) monitored mussel Choctaw bean, tapered pigtoe, narrow body can receive without exceeding the responses during a severe drought in pigtoe, southern sandshell, or fuzzy applicable standard (see discussion 2000 in tributaries of the Lower Flint pigtoe to aquatic pollutants. Current under Factor A). However, the Federal River in Georgia, and found that most State and Federal regulations regarding Clean Water Act is not fully utilized in mortality occurred when dissolved pollutants are designed to be protective the protection of these river systems. oxygen levels dropped below 5 mg/L. of aquatic organisms; however, For example, of the 51 impaired water Furthermore, increased human demand freshwater mussels may be more bodies identified within the drainages, and competition for surface and ground susceptible to some pollutants than test less than one-fourth currently have water resources for irrigation and organisms commonly used in bioassay approved TMDLs (ADEM 2010c, pp. 3– consumption during drought can cause tests. A multitude of bioassay tests 6; FDEP 2010b, pp. 4–6). drastic reductions in stream flows and conducted on 16 mussel species In summary, some regulatory alterations to hydrology (Golladay et al. (summarized by Augspurger et al. 2007, mechanisms exist that protect aquatic 2004, p. 504; Golladay et al. 2007 pp. 2025–2028) show that freshwater species; however, these regulations are unpaginated). Extended droughts mussels are more sensitive than not effective at protecting mussels and occurred in the Southeast during 1998 previously known to some chemical their habitats from sedimentation and to 2002, and again in 2006 to 2008. The contaminants including chlorine, contaminants. Pollution from non-point effects of these recent droughts on these ammonia, copper, the pesticides sources is the greatest threat to these eight mussels are unknown; however,

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substantial declines in mussel diversity in Feagin Creek, this type of spill could eastern Gulf drainages in the early and abundance as a direct result of have easily occurred in one of the 1960s, and is presently widespread drought have been documented in adjacent watersheds that supports the throughout the Escambia, Yellow, and southeastern streams (for example, pearlshell. Since 2000, there have been Choctawhatchee River drainages (Heard Golladay et al. 2004, pp. 494–503; Haag 13 spills reported in Conecuh, 36 in 1975, p. 2). The invasion of the Asian and Warren 2008, p. 1165). The Escambia, and 33 in Covington clam in these and in other eastern Gulf Alabama pearlshell is particularly at Counties, Alabama. drainages has been accompanied by risk during drought as its headwater drastic declines in populations of native Reduced Genetic Diversity stream habitats are vulnerable to mussels (see observations by Heard dewatering. Shelton (1995, p. 4 unpub. Population fragmentation and 1975, p. 2; and Shelton 1995, p. 4 report) reported one of the most isolation prohibits the natural unpub. report). However, it is difficult common causes of mortality in the interchange of genetic material among to say whether the Asian clam species is due to stranding by extreme populations. Low numbers of competitively excluded the native low water. individuals within the isolated mussels, or if it was simply tolerant of There is a growing concern that populations have greater susceptibility whatever caused the mussels to climate change may lead to increased to deleterious genetic effects, including disappear. The Asian clam may pose a frequency of severe storms and droughts inbreeding depression and loss of direct threat to native mussels, (McLaughlin et al. 2002, p. 6074; genetic variation (Lynch 1996, pp. 493– particularly as juveniles, as a competitor Golladay et al. 2004, p. 504; Cook et al. 494). Small, isolated populations, for resources such as food, nutrients, 2004, p. 1015). Specific effects of therefore, are more susceptible to and space (Neves and Widlak 1987, p. climate change to mussels, their habitat, environmental pressures, including 6). Dense populations of Asian clams and their fish hosts could include habitat degradation and stochastic may ingest large numbers of unionid changes in stream temperature regimes, events, and thus are the most sperm, glochidia, and newly the timing and levels of precipitation susceptible to extinction (Primack 2008, metamorphosed juveniles, and may causing more frequent and severe floods pp. 151–153). It is unknown if any of actively disturb sediments, reducing and droughts, and alien species the eight mussel species are currently habitable space for juvenile native introductions. Increases in temperature experiencing a loss of genetic diversity. mussels, or displacing them and reductions in flow may also lower However, surviving populations of the downstream (Strayer 1999, p. 82; Yeager dissolved oxygen levels in interstitial Alabama pearlshell, round ebonyshell, et al. 2000, pp. 255–256). habitats, which can be lethal to and southern kidneyshell do have The flathead catfish (Pylodictis juveniles (Sparks and Strayer 1998, pp. highly restricted or reduced ranges, olivaris) has been introduced to the 131–133). Effects to mussel populations fragmented habitats, and extremely drainages and may be adversely from these environmental changes could small population sizes. impacting native fish populations. The include reduced abundance and flathead catfish is a large predator native Host Fish Considerations biomass, altered species composition, to the central United States, and since and host fish considerations (Galbraith As mentioned in the General Biology its introduction outside its native range, et al. 2010, pp. 1180–1182). The present section above, all of these eight species it has altered the composition of native conservation status, complex life require a fish host in order to complete fish populations through predation histories, and specific habitat their life cycle. Therefore, these mussels (Boschung and Mayden 2004, p. 350). requirements of freshwater mussels would be adversely affected by the loss Diet and selectivity studies of suggest that they may be quite sensitive or reduction of fish species essential to introduced flathead catfish in coastal to climate change (Hastie et al. 2003, p. their parasitic glochidial stage. The North Carolina river systems show it 45). blacktail shiner (Cyprinella venusta), a feeds primarily on other fish species The linear nature of their habitat, common and abundant fish species, was (Guier et al. 1984, pp. 617–620; Pine et reduced range, and small population found to serve as a glochidial host for al. 2005, p. 909). The flathead catfish is sizes make these eight mussels the tapered pigtoe and fuzzy pigtoe now well-established in the Escambia, vulnerable to contaminant spills. Spills (White et al. 2008, p. 123). The specific Yellow, and Choctawhatchee River as a result of transportation accidents hosts for the Alabama pearlshell, round drainages, and its numbers appear to be are a constant, potential threat as ebonyshell, southern kidneyshell, growing (Strickland 2010 pers. comm.). numerous highways and railroads cross Choctaw bean, narrow pigtoe, and Biologists working in the Florida the stream channels of the basins. Also, southern sandshell and have not been portions of these drainages have more than 400 oil wells are located identified; however, other species of the observed a correlation between the within Conecuh and Escambia Counties, same genera are known to parasitize increase in flathead catfish numbers and Alabama. In Conecuh County, most of cyprinids (minnows), centrarchids a decrease in numbers of other native these wells are concentrated in the (sunfish), and percids (darters) (Haag fish species, particularly of bullhead Cedar Creek drainage, which supports at and Warren 1997, pp. 580–581, 583; catfish (Ameiurus sp.) and redbreast least two populations of the Alabama Keller and Ruessler 1997, p. 405; sunfish (Lepomis auritus) (Strickland pearlshell. These wells are subject to O’Brien and Brim Box 1999, p. 134; 2010 pers. comm.). Although we do not periodic spills either directly at the well Haag et al. 1999, p. 150; Haag and know the specific fish hosts for six of site or associated with the transport of Warren 2003, pp. 81–82; Luo 1993, p. the mussel species, the loss or reduction the oil. For example, on February 5, 16). of native fishes in general could affect 2010, an oil spill occurred in the their ability to recruit. headwaters of Feagin Creek. Feagin Nonindigenous Species In summary, a variety of natural or Creek is located between two known The Asian clam (Corbicula fluminea) manmade factors currently are a threat pearlshell locations, Little Cedar and has been introduced to the drainages to these eight mussels. Stochastic events Amos Mill creeks. The resulting spill and may be adversely affecting these such as droughts and floods have discharged more than 150 gallons of oil eight mussels through direct occurred in these three river drainages into Feagin Creek. Although there were competition for space and resources. in the past, and climate change may no known populations of the pearlshell The Asian clam was first detected in increase the frequency and intensity of

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similar events in the future. The foreseeable future throughout all or a narrow pigtoe, southern sandshell and withdrawal of surface and ground significant portion of its range.’’ As fuzzy pigtoe are likely to become waters during drought can cause further described in detail above, these eight endangered within the foreseeable drastic flow reductions and alterations species are currently at risk throughout future throughout all of their ranges. In that may cause declines in mussel all of their respective ranges due to addition, any factor (i.e., habitat loss or abundance and distribution. ongoing threats of habitat destruction natural and manmade factors) that Contaminant spills have also occurred and modification (Factor A), inadequacy results in a further decline in habitat or in these drainages and currently are a of existing regulatory mechanisms individuals may be problematic for the threat, particularly in the Alabama (Factor D), and other natural or long-term recovery of these species. portion of the Escambia River drainage, manmade factors affecting their Therefore, based on the best available where there are numerous oil wells. It continued existence (Factor E). scientific and commercial information, is not known if these species are Specifically, these factors include we are listing the Alabama pearlshell, currently experiencing a loss of genetic excessive sedimentation, municipal and round ebonyshell, southern kidneyshell, viability; however, their restricted or industrial effluents, pesticides, and Choctaw bean as endangered reduced ranges, fragmented habitats, excessive nutrients, impoundment of species throughout all of their ranges, and small population sizes increases the stream channels, recurring drought and and the tapered pigtoe, narrow pigtoe, risks and consequences of inbreeding flooding, contaminant spills, and the southern sandshell, and fuzzy pigtoe as depression and loss of genetic variation. introduced Asian clam. In addition, threatened species throughout all of Introduced species, such as the Asian existing regulatory mechanisms are their ranges. In the proposed rule we clam, may adversely impact these inadequate to ameliorate some of the examined all available information on mussels through direct competition for threats affecting these mussels and their the eight species to determine if any space and resources. Another habitats. Based on the best available significant portions of their ranges may introduced species, the flathead catfish, science, these threats are currently warrant a different status. However, may consume host fishes, thereby impacting these species and are because of their limited and curtailed affecting mussel recruitment. Therefore, projected to continue and potentially ranges, and uniformity of the threats we have determined that other natural worsen in the future. These eight throughout them, we find there are no or manmade factors, specifically threats mussels are also at increased threat due significant portions of any of the from flooding, drought, and to the loss of genetic viability and the species’ ranges that warrant a different contaminant spills, are severe threats to reduction or absence of fish hosts determination of status. the Alabama pearlshell, round (described under Factor E); however, Available Conservation Measures ebonyshell, southern kidneyshell, and these threats are not currently known to Conservation measures provided to Choctaw bean, and they are moderate be imminent. threats to the tapered pigtoe, narrow species listed as endangered or Species with small ranges, few pigtoe, southern sandshell, and fuzzy threatened under the Act include populations, and small or declining pigtoe. These threats are currently recognition, recovery actions, population sizes, are the most impacting these species and are requirements for Federal protection, and projected to continue or increase in the vulnerable to extinction (Primack 2008, prohibitions against certain practices. future. We have determined that threats p. 137). The effects of certain factors, Recognition through listing results in from the Asian clam have moderate particularly habitat degradation and public awareness and conservation by impacts to the Alabama pearlshell, loss, catastrophic events, and Federal, State, and local agencies, round ebonyshell, southern kidneyshell, introduced species, increase in private organizations, and individuals. southern sandshell, and Choctaw bean, magnitude when population size is The Act encourages cooperation with and these threats have low impacts to small (Soule´ 1980, pp. 33, 71; Primack the States and requires that recovery the tapered pigtoe, narrow pigtoe, and 2008, pp. 133–135, 152). The impact of actions be carried out for all listed fuzzy pigtoe. We have determined that habitat degradation, catastrophic events, species. The protection measures reduced genetic diversity, the absence and introduced species are more severe required of Federal agencies and the or reduction of fish hosts, and the to the Alabama pearlshell, round prohibitions against certain activities presence of flathead catfish have the ebonyshell, southern kidneyshell, and involving listed wildlife are discussed potential to adversely impact the eight Choctaw bean than the other four in Effects of Critical Habitat Designation mussels. However, we do not know the species, which have few or isolated and are further discussed, in part, intensity of these threats at this time. populations coupled with low numbers below. of individuals and limited or reduced The primary purpose of the Act is the Determination ranges. Nonetheless, the tapered pigtoe, conservation of endangered and We have carefully assessed the best narrow pigtoe, southern sandshell and threatened species and the ecosystems scientific and commercial information fuzzy pigtoe, which still occur in much upon which they depend. The ultimate available regarding the past, present, of their historical ranges have been goal of such conservation efforts is the and future threats to the Alabama eliminated from historic streams and recovery of these listed species, so that pearlshell, round ebonyshell, southern main channel locations and have they no longer need the protective kidneyshell, Choctaw bean, tapered declining numbers of individuals. When measures of the Act. Subsection 4(f) of pigtoe, narrow pigtoe, southern combining the effects of historical, the Act requires the Service to develop sandshell, and fuzzy pigtoe. Section 3(6) current, and future habitat loss and and implement recovery plans for the of the Act defines an endangered degradation; historical and ongoing conservation of endangered and species as ‘‘any species which is in drought; and the exacerbating effects of threatened species. The recovery danger of extinction throughout all or a small and declining population sizes planning process involves the significant portion of its range,’’ and and curtailed ranges, the Alabama identification of actions that are section 3(20) of the Act defines a pearlshell, round ebonyshell, southern necessary to halt or reverse the species’ threatened species as ‘‘any species kidneyshell, and Choctaw bean are in decline by addressing the threats to its which is likely to become an danger of extinction throughout all of survival and recovery. The goal of this endangered species within the their ranges, and the tapered pigtoe, process is to restore listed species to a

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point where they are secure, self- to aid species recovery can be found at: trap, capture, or collect; or to attempt sustaining, and functioning components http://www.fws.gov/grants. any of these), import, export, ship in of their ecosystems. Please let us know if you are interstate commerce in the course of Recovery planning includes the interested in participating in recovery commercial activity, or sell or offer for development of a recovery outline efforts for this species. Additionally, we sale in interstate or foreign commerce shortly after a species is listed and invite you to submit any new any listed species. Under the Lacey Act preparation of a draft and final recovery information on this species whenever it (18 U.S.C. 42–43; 16 U.S.C. 3371–3378), plan. The recovery outline guides the becomes available and any information it is also illegal to possess, sell, deliver, immediate implementation of urgent you may have for recovery planning carry, transport, or ship any such recovery actions and describes the purposes (see FOR FURTHER INFORMATION wildlife that has been taken illegally. process to be used to develop a recovery CONTACT). Certain exceptions apply to agents of the plan. Revisions of the plan may be done Section 7(a) of the Act requires Service and State conservation agencies. to address continuing or new threats to Federal agencies to evaluate their We may issue permits to carry out the species, as new substantive actions with respect to any species that otherwise prohibited activities is proposed or listed as endangered or information becomes available. The involving endangered and threatened threatened and with respect to its recovery plan identifies site-specific wildlife species under certain critical habitat, if any is designated. management actions that set a trigger for circumstances. Regulations governing Regulations implementing this review of the five factors that control permits are codified at 50 CFR 17.22 for interagency cooperation provision of the whether a species remains endangered endangered wildlife, and at 17.32 for Act are codified at 50 CFR part 402. or may be downlisted or delisted, and threatened wildlife. With regard to Section 7(a)(4) of the Act requires methods for monitoring recovery endangered wildlife, a permit must be Federal agencies to confer with the progress. Recovery plans also establish issued for the following purposes: for Service on any action that is likely to a framework for agencies to coordinate scientific purposes, to enhance the jeopardize the continued existence of a their recovery efforts and provide propagation or survival of the species, estimates of the cost of implementing species proposed for listing or result in destruction or adverse modification of and for incidental take in connection recovery tasks. Recovery teams proposed critical habitat. If a species is with otherwise lawful activities. (comprised of species experts, Federal listed subsequently, section 7(a)(2) of It is our policy, as published in the and State agencies, nongovernment the Act requires Federal agencies to Federal Register on July 1, 1994 (59 FR organizations, and stakeholders) are ensure that activities they authorize, 34272), to identify, to the maximum often established to develop recovery fund, or carry out are not likely to extent practicable at the time a species plans. When completed, the recovery jeopardize the continued existence of is listed, those activities that would or outline, draft recovery plan, and the the species or destroy or adversely would not constitute a violation of final recovery plan will be available on modify its critical habitat. If a Federal section 9 of the Act. The intent of this our Web site (http://www.fws.gov/ action may affect a listed species or its policy is to increase public awareness of endangered), or from our Panama City critical habitat, the responsible Federal the effect of a proposed listing on Field Office (see ADDRESSES). agency must enter into formal planned and ongoing activities within Implementation of recovery actions consultation with the Service. the range of species proposed for listing. generally requires the participation of a Federal agency actions within the The following activities could broad range of partners, including other species’ habitat that may require potentially result in a violation of Federal agencies, States, Tribal, conference or consultation or both as section 9 of the Act; this list is not nongovernmental organizations, described in the preceding paragraph comprehensive: businesses, and private landowners. include: The management of and any (1) Unauthorized collecting, handling, Examples of recovery actions include other landscape-altering activities on possessing, selling, delivering, carrying, habitat restoration (e.g., restoration of Federal lands administered by the or transporting of the species, including native vegetation), research, captive Department of Defense and U.S. Forest import or export across State lines and propagation and reintroduction, and Service; issuance of section 404 Clean international boundaries, except for outreach and education. The recovery of Water Act permits by the U.S. Army properly documented antique many listed species cannot be Corps of Engineers; licensing of specimens of these taxa at least 100 accomplished solely on Federal lands hydroelectric dams, and construction years old, as defined by section 10(h)(1) because their range may occur primarily and management of gas pipeline and of the Act. or solely on non-Federal lands. To power line rights-of-way approved by (2) Introduction of nonnative species achieve recovery of these species the Federal Energy Regulatory that compete with or prey upon these requires cooperative conservation efforts Commission; construction and eight mussel species, such as the zebra on private, State, and Tribal lands. maintenance of roads or highways mussel (Dreissena polymorpha) and the Once these species are listed, funding funded by the Federal Highway black carp (Mylopharyngodon piceus). for recovery actions will be available Administration; and land management from a variety of sources, including practices administered by the (3) The unauthorized release of Federal budgets, State programs, and Department of Agriculture. biological control agents that attack any cost share grants for non-Federal The Act and its implementing life stage of these species. landowners, the academic community, regulations set forth a series of general (4) Unauthorized modification of the and nongovernmental organizations. In prohibitions and exceptions that apply channel or water flow of any stream or addition, under to section 6 of the Act, to all endangered wildlife. The water body in which these species are the States of Alabama and Florida will prohibitions of section 9(a)(2) of the Act, known to occur. be eligible for Federal funds to codified at 50 CFR 17.21 for endangered Questions regarding whether specific implement management actions that wildlife, in part, make it illegal for any activities would constitute a violation of promote the protection or recovery of person subject to the jurisdiction of the section 9 of the Act should be directed these eight mussel species. Information United States to take (includes harass, to the Panama City Ecological Services on our grant programs that are available harm, pursue, hunt, shoot, wound, kill, Field Office (see ADDRESSES).

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Critical Habitat reasonable and prudent alternatives to available. They require our biologists, to avoid destruction or adverse the extent consistent with the Act and Background modification of critical habitat. with the use of the best scientific data Critical habitat is defined in section 3 Under the first prong of the Act’s available, to use primary and original of the Act as: definition of critical habitat, areas sources of information as the basis for (1) The specific areas within the within the geographical area occupied recommendations to designate critical geographical area occupied by the by the species at the time it was listed habitat. species, at the time it is listed in are included in critical habitat if they When we are determining which areas accordance with the Act, on which are contain physical or biological features should be designated as critical habitat, found those physical or biological (1) which are essential to the our primary sources of information features conservation of the species and (2) include the articles in peer-reviewed (a) Essential to the conservation of the which may require special management journals, scientific status surveys and species and considerations or protection. For these studies, biological assessments, other (b) Which may require special areas, critical habitat designations unpublished materials, or experts’ management considerations or identify, to the extent known using the opinions or personal knowledge. protection; and best scientific and commercial data Habitat is dynamic, and species may (2) Specific areas outside the available, those physical or biological move from one area to another over geographical area occupied by the features that are essential to the time. Climate change will be a particular species at the time it is listed, upon a conservation of the species (such as challenge for biodiversity because the determination that such areas are space, food, cover, and protected interaction of additional stressors essential for the conservation of the habitat). In identifying those physical associated with climate change and species. and biological features within an area, current stressors may push species Conservation, as defined under we focus on the principal biological or beyond their ability to survive (Lovejoy section 3 of the Act, means to use and physical constituent elements (primary 2005, pp. 325–326). The synergistic the use of all methods and procedures constituent elements such as roost sites, implications of climate change and that are necessary to bring an nesting grounds, seasonal wetlands, habitat fragmentation are the most endangered or threatened species to the water quality, tide, soil type) that are threatening facet of climate change for point at which the measures provided essential to the conservation of the biodiversity (Hannah and Lovejoy 2005, pursuant to the Act are no longer species. Primary constituent elements p.4). Current climate change predictions necessary. Such methods and are the specific elements of physical or for terrestrial areas in the Northern procedures include, but are not limited biological features that provide for a Hemisphere indicate warmer air to, all activities associated with species’ life-history processes, are temperatures, more intense scientific resources management such as essential to the conservation of the precipitation events, and increased research, census, law enforcement, species. summer continental drying (Field et al. habitat acquisition and maintenance, Under the second prong of the Act’s 1999, pp. 1–3; Hayhoe et al. 2004, p. propagation, live trapping, and definition of critical habitat, we can 12422; Cayan et al. 2005, p. 6; transplantation, and, in the designate critical habitat in areas Intergovernmental Panel on Climate extraordinary case where population outside the geographical area occupied Change (IPCC) 2007, p. 1181). Climate pressures within a given ecosystem by the species at the time it is listed, change may lead to increased frequency cannot be otherwise relieved, may upon a determination that such areas and duration of severe storms and include regulated taking. are essential for the conservation of the droughts (Golladay et al. 2004, p. 504; Critical habitat receives protection species. For example, an area currently McLaughlin et al. 2002, p. 6074; Cook under section 7 of the Act through the occupied by the species but that was not et al. 2004, p. 1015). requirement that Federal agencies occupied at the time of listing may be We recognize that critical habitat ensure, in consultation with the Service, essential to the conservation of the designated at a particular point in time that any action they authorize, fund, or species and may be included in the may not include all of the habitat areas carry out is not likely to result in the critical habitat designation. We that we may later determine are destruction or adverse modification of designate critical habitat in areas necessary for the recovery of the critical habitat. The designation of outside the geographical area occupied species. For these reasons, a critical critical habitat does not affect land by a species only when a designation habitat designation does not signal that ownership or establish a refuge, limited to its range would be inadequate habitat outside the designated area is wilderness, reserve, preserve, or other to ensure the conservation of the unimportant or may not be needed for conservation area. Such designation species. recovery of the species. Areas that are does not allow the government or public Section 4 of the Act requires that we important to the conservation of the to access private lands. Such designate critical habitat on the basis of species, both inside and outside the designation does not require the best scientific and commercial data critical habitat designation, will implementation of restoration, recovery, available. Further, our Policy on continue to be subject to: (1) or enhancement measures by non- Information Standards Under the Conservation actions implemented Federal landowners. Where a landowner Endangered Species Act (published in under section 7(a)(1) of the Act, (2) requests Federal agency funding or the Federal Register on July 1, 1994 (59 regulatory protections afforded by the authorization for an action that may FR 34271)), the Information Quality Act requirement in section 7(a)(2) of the Act affect a listed species or critical habitat, (section 515 of the Treasury and General for Federal agencies to insure their the consultation requirements of section Government Appropriations Act for actions are not likely to jeopardize the 7(a)(2) of the Act would apply, but even Fiscal Year 2001 (Pub. L. 106–554; H.R. continued existence of any endangered in the event of a destruction or adverse 5658)), and our associated Information or threatened species, and (3) the modification finding, the obligation of Quality Guidelines, provide criteria, prohibitions of section 9 of the Act if the Federal action agency and the establish procedures, and provide actions occurring in these areas may landowner is not to restore or recover guidance to ensure that our decisions affect the species. Federally funded or the species, but to implement are based on the best scientific data permitted projects affecting listed

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species outside their designated critical Choctaw bean, tapered pigtoe, narrow Choctaw bean, tapered pigtoe, narrow habitat areas may still result in jeopardy pigtoe, southern sandshell, and fuzzy pigtoe, southern sandshell, and fuzzy findings in some cases. These pigtoe are all historically associated pigtoe are riverine species that depend protections and conservation tools will with the Escambia, Yellow, and upon adequate water flow. continue to contribute to recovery of Choctawhatchee river drainages in Continuously flowing water is a habitat this species. Similarly, critical habitat Alabama and Florida. The Alabama feature associated with all of the eight designations made on the basis of the pearlshell is also known from three species. Flowing water maintains the best available information at the time of locations in the Mobile River Basin; stream bottom habitats where these designation will not control the however, only one of those is species are found, transports food items direction and substance of future considered to be currently occupied. to the sedentary juvenile and adult life recovery plans, habitat conservation The eight mussels are found embedded stages, transports sperm to the adult plans (HCPs), or other species in stable substrates composed mainly of females, provides oxygen for conservation planning efforts if new fine to coarse sand, with occasional respiration, and removes wastes. information available at the time of patches of clay or gravel (Williams et al. Populations of the narrow pigtoe were these planning efforts calls for a 2008, pp. 32–34), and within areas of recently discovered in Gantt and Point different outcome. sufficient current velocities to remove A Lakes (Williams et al. 2008, p. 317), finer sediments. These habitats are manmade reservoirs on the Conecuh Physical or Biological Features formed and maintained by water River mainstem in Alabama. We In accordance with section 3(5)(A)(i) quantity, channel slope, and normal attribute the occurrence of the species in and 4(b)(1)(A) of the Act and the sediment input to the system. Changes these impoundments to the relatively regulations at 50 CFR 424.12, in in one or more of these parameters can small size of the reservoirs, and to the determining which areas within the result in channel degradation or channel operational regime of the dams. As geographical area occupied at the time aggradation, with serious effects to mentioned under Factor A, both of listing to designate as critical habitat, mussels. The decline of the mussel impoundments have limited storage we consider the physical and biological fauna of these eastern Gulf Coastal Plain capacity and are operated as modified features (PBFs) essential to the drainages is not well understood, but is run-of-river projects with daily peaking. conservation of the species, and which primarily associated with the loss of Therefore, most of the time, the outflow may require special management habitats and channel instability due to matches the inflow. Also, some areas in considerations or protection. These excessive sedimentation (Williams and the reservoirs are narrow and riverine, include, but are not limited to: Butler 1994, p. 55). Sedimentation has for instance the area around Dunns (1) Space for individual and been determined to be a major factor in Bridge on Gantt Lake. Here, narrow population growth and for normal habitat destruction, resulting in pigtoe were found in relatively high behavior; corresponding shift in mussel fauna numbers in firm, stable sand substrates (2) Food, water, air, light, minerals, or (Brim Box and Mossa 1999, p. 102). with little or no silt accumulation other nutritional or physiological Stable stream bottom substrates not only (Williams 2009, pers. comm.; Pursifull requirements; provide space for populations of these 2006, pers. obs.). Although the natural (3) Cover or shelter; eight mussel species, but also provide state of the river’s hydrological flow (4) Sites for breeding, reproduction, or cover and shelter and sites for breeding, regime is modified, it does retain the rearing (or development) of offspring; reproduction, and growth of offspring. features necessary to maintain the and Therefore, based on the information benthic habitats where the species are (5) Habitats that are protected from above, we identify stream channel found. Therefore, based on the disturbance or are representative of the stability to be a physical or biological information above, we identify flowing historic, geographical, and ecological feature for the Alabama pearlshell, water to be a physical or biological distributions of a species. round ebonyshell, southern kidneyshell, feature for these eight mussel species. We derive the specific physical or Choctaw bean, tapered pigtoe, narrow biological features essential for Alabama pigtoe, southern sandshell, and fuzzy The ranges of standard physical and pearlshell, round ebonyshell, southern pigtoe. chemical water quality parameters (such kidneyshell, Choctaw bean, tapered as temperature, dissolved oxygen, pH, pigtoe, narrow pigtoe, southern Food and conductivity) that define suitable sandshell, and fuzzy pigtoe from studies Freshwater mussels, such as these habitat conditions for the eight species of these species’ habitat, ecology, and eight species, filter algae, detritus, and have not been investigated. However, as life history as described in the Critical bacteria from the water column relatively sedentary animals, mussels Habitat section of the proposed rule to (Williams et al. 2008, p. 67). For the first must tolerate the full range of such designate critical habitat published in several months, juvenile mussels parameters that occur naturally within the Federal Register on October 4, 2011 employ pedal (foot) feeding, extracting the streams where they persist. Both the (76 FR 61482), and in the information bacteria, algae, and detritus from the amount (flow) and the physical and presented below. sediment (Yeager et al. 1994, pp. 217– chemical conditions (water quality) We have determined that Alabama 221). Food availability and quality are where each of the eight species pearlshell, round ebonyshell, southern affected by habitat stability, floodplain currently exists vary widely according sandshell, southern kidneyshell, connectivity, water flow, and water to season, precipitation events, and Choctaw bean, tapered pigtoe, narrow quality. Therefore, based on the seasonal human activities within the pigtoe, and fuzzy pigtoe require the information above, we identify adequate watershed. Conditions across their following physical or biological food availability and quality to be a historical ranges vary even more due to features: physical or biological feature for these watershed size, geology, geography, and species. differences in human population Space for Individual and Population densities and land uses. In general, each Growth and for Normal Behavior Water of the species survives in areas where The Alabama pearlshell, round The Alabama pearlshell, round the magnitude, frequency, duration, and ebonyshell, southern kidneyshell, ebonyshell, southern kidneyshell, seasonality of water flow are adequate to

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maintain stable habitats (for example, presence of the appropriate host fishes sustain the species’ life-history sufficient flow to remove fine particles to complete the reproductive life cycle processes, we have determined that the and sediments without causing is essential to the conservation of these primary constituent elements specific to degradation), and where water quality is eight mussels. The blacktail shiner was the Alabama pearlshell, round adequate for year-round survival (for found to serve as a host for the fuzzy ebonyshell, southern kidneyshell, example, moderate to high levels of pigtoe and tapered pigtoe in a Choctaw bean, tapered pigtoe, narrow dissolved oxygen, low to moderate preliminary study trial (White et al. pigtoe, southern sandshell, and fuzzy input of nutrients, and relatively 2008, p. 123). This minnow species pigtoe are: unpolluted water and sediments). occurs in a variety of habitats in (1) Geomorphically stable stream and Therefore, based on the information drainages throughout the coastal plain river channels and banks (channels that above, we identify adequate water flow (Mettee et al. 1996, pp. 174–175). The maintain lateral dimensions, and water quality (as defined below) to specific host fish(es) for the Alabama longitudinal profiles, and sinuosity be a physical or biological feature for pearlshell, round ebonyshell, southern patterns over time without an aggrading the Alabama pearlshell, round kidneyshell, Choctaw bean, narrow or degrading bed elevation). ebonyshell, southern kidneyshell, pigtoe, and southern sandshell are not (2) Stable substrates of sand or Choctaw bean, tapered pigtoe, narrow currently known; however, other mixtures of sand with clay or gravel pigtoe, southern sandshell, and fuzzy species of the same genera are known to with low to moderate amounts of fine pigtoe. parasitize cyprinids (minnows), sediment and attached filamentous We currently believe that most centrarchids (sunfish), and percids algae. numeric standards for pollutants and (darters) (Haag and Warren 2003, pp. (3) A hydrologic flow regime water quality parameters (for example, 81–82; Haag and Warren 1997, pp. 580– (magnitude, frequency, duration, and dissolved oxygen, pH, heavy metals) 581, 583; Keller and Ruessler 1997, p. seasonality of discharge over time) that have been adopted by the States 405; O’Brien and Brim Box 1999, p. 134; necessary to maintain benthic habitats under the Clean Water Act represent Haag et al. 1999, p. 150). Therefore, where the species are found, and to levels that are essential to the based on the information above, we maintain connectivity of rivers with the conservation of each of these eight identify the presence of the appropriate floodplain, allowing the exchange of mussels. However, some States’ host fishes to complete the reproductive nutrients and sediment for habitat standards may not adequately protect life cycle to be a physical or biological maintenance, food availability, and mollusks, or are not being appropriately feature for these eight mussel species. spawning habitat for native fishes. measured, monitored, or achieved in Juvenile mussels require stable (4) Water quality, including some reaches (see Factors A and D bottom habitats for growth and survival. temperature (not greater than 32 ßC), pH above). The Service is currently in Excessive sediments or dense growth of (between 6.0 to 8.5), oxygen content (not consultation with the EPA to evaluate filamentous algae can expose juvenile less than 5.0 mg/L), hardness, turbidity, the protectiveness of criteria approved mussels to entrainment or predation and and other chemical characteristics in EPA’s water quality standards for be detrimental to the survival of necessary for normal behavior, growth, threatened and endangered species and juvenile mussels (Hartfield and and viability of all life stages. their critical habitats as described in the Hartfield 1996, p. 373). Geomorphic (5) The presence of fish hosts. Diverse memorandum of agreement that our instability can result in the loss of assemblages of native fish species will agencies signed in 2001 (66 FR 11201, habitats and juvenile mussels due to serve as a potential indication of host February 22, 2001). Other factors that scouring or deposition (Hartfield 1993, fish presence until appropriate host can potentially alter water quality are p. 138). Therefore, based on the fishes can be identified. For the fuzzy droughts and periods of low flow, non- information above, we identify stable pigtoe and tapered pigtoe, the presence point-source runoff from adjacent land bottom substrate with low to moderate of blacktail shiner (Cyprinella venusta) surfaces (for example, excessive amounts of filamentous algae growth to will serve as a potential indication of amounts of sediments, nutrients, and be a physical or biological feature for fish host presence. pesticides), point-source discharges the Alabama pearlshell, round Special Management Considerations or from municipal and industrial ebonyshell, southern kidneyshell, Protection wastewater treatment facilities (for Choctaw bean, tapered pigtoe, narrow example, excessive amounts of pigtoe, southern sandshell, and fuzzy When designating critical habitat, we ammonia, chlorine, and metals), and pigtoe. assess whether the specific areas within random spills or unregulated discharge the geographical area occupied by these Primary Constituent Elements for the events. This could be particularly species at the time of listing contain Eight Mussels harmful during drought conditions features that are essential to their when flows are depressed and Under the Act and its implementing conservation and that may require pollutants are more concentrated. regulations, we are required to identify special management considerations or Therefore, adequate water quality is the physical or biological features protections. None of the portions of the essential for normal behavior, growth, essential to the conservation of these critical habitat units for these species and viability during all life stages of the eight mussel species in areas occupied below has been designated as critical Alabama pearlshell, round ebonyshell, at the time of listing, focusing on the habitat for other mussel species that are southern kidneyshell, Choctaw bean, features’ primary constituent elements already listed under the Act. None of tapered pigtoe, narrow pigtoe, southern (PCEs). Primary constituent elements the areas is presently under special sandshell, and fuzzy pigtoe. are those specific elements of the management or protection provided by physical or biological features that a legally operative management plan or Sites for Breeding, Reproduction, or provide for a species’ life-history agreement for the conservation of these Rearing processes and are essential to the species. Freshwater mussels require a host fish conservation of the species. Many of the threats to the eight for transformation of larval mussels Based on our current knowledge of mussels and their habitat are pervasive (glochidia) to juvenile mussels the physical or biological features and and common in all of the nine units that (Williams et al. 2008, p. 68). Thus, the habitat characteristics required to we are designating as critical habitat

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(see below). These include the potential in the basins between the years of 1995 known only from the Choctawhatchee of significant changes in stream bed to 2012 (Shelton 1995 unpub. report; basin. While occupied units provide material composition and quality by Shelton 1999 in litt.; Blalock-Herod et habitat for current populations, these activities such as construction projects, al. 2005; Pilarczyk et al. 2006; Shelton species are at high risk of extirpation livestock grazing, timber harvesting, and et al. 2007 unpub. report; Gangloff and and extinction from stochastic events, other watershed and floodplain Hartfield 2009; Gangloff 2010–12, whether periodic natural events or disturbances that release sediments or unpub. data). These surveys were used potential human-induced events (see nutrients into the water; the potential of to assess the current conservation status Summary of Factors Affecting the significant alteration of water chemistry of the species, and extended their Species). The inclusion of essential or water quality; the potential of known ranges. For this reason, we unoccupied areas will provide habitat anthropogenic activities such as considered the year 1995 to be the for population reintroduction and will channelization, impoundment, and demarcation between historical and decrease the risk of extinction. Based on channel excavation that could cause current records. To identify historically the best scientific data available, areas aggradation or degradation of the occupied stream reaches, we used not currently occupied by the Alabama channel bed elevation or significant survey data between the late 1800s and pearlshell and southern kidneyshell are bank erosion; and the potential of 1994. Therefore, if a species was known essential for their conservation, with significant changes in the existing flow to occur in an area prior to 1995, but one exception. We eliminated from regime due to such activities as was not collected in the same area since consideration the Yellow River drainage impoundment, water diversion, or water then, the stream reach is considered as critical habitat for the southern withdrawal. Because the areas we are historically occupied. kidneyshell. Its occurrence in the designating as critical habitat below are We then evaluated occupied stream Yellow River is based on a 1919 facing these threats, they require special reaches to delineate the probable collection of one specimen from Hollis management consideration and upstream and downstream extent of Creek in Covington County, Alabama. protection. each species’ distribution. Known However, we believe this single, occurrences for some mussel species are historical collection is not sufficient to Criteria Used To Identify Critical extremely localized, and rare mussels Habitat support the conclusion that any can be difficult to locate. In addition, portions of the Yellow River drainage As required by section 4(b)(1)(A) of creek and river habitats are highly are essential to the conservation of the the Act, we used the best scientific and dependent upon upstream and southern kidneyshell at this time. commercial data available to designate downstream channel habitat conditions Otherwise, all of the stream habitat critical habitat. We reviewed available for their maintenance. Therefore, where areas designated as critical habitat that information pertaining to the habitat more than one occurrence record of a are currently not known to be occupied requirements of these species. In particular species was found within a contain sufficient physical or biological accordance with the Act and its stream reach, we considered the entire features (e.g., geomorphically stable implementing regulation at 50 CFR reach between the uppermost and channels, perennial water flows, 424.12(e), we considered whether lowermost locations as occupied adequate water quality, and appropriate designating additional areas—outside habitat. benthic substrates) to support life- those currently occupied (that is those We then considered whether this history functions of the mussels. The occupied at the time of listing)—are essential area was adequate for the stream reaches also lack major necessary to ensure the conservation of conservation of each of the eight anthropogenic disturbance, and have the species. We are designating critical species. Small, isolated, aquatic potential for reoccupation by the species habitat in areas within the geographical populations are subject to chance area occupied by the species at the time catastrophic events and to changes in through future reintroduction efforts. of listing (2012). We also are designating human activities and land use practices Based on the above factors, all specific areas outside the geographical that may result in their elimination. unoccupied stream reaches included in area occupied by the species at the time Larger, more contiguous populations the designations for the Alabama of listing, that were historically can reduce the threat of extinction due pearlshell and southern kidneyshell are occupied but are presently unoccupied, to habitat fragmentation and isolation. essential to their conservation. because we have determined that such For these reasons, we believe that Following the identification of areas are essential for the conservation conservation of the Alabama pearlshell occupied and unoccupied stream of these species. and southern kidneyshell requires reaches, the next step was to delineate We began our analysis by considering expanding their ranges into currently the probable upstream and downstream historical and current ranges of each of unoccupied portions of their historical extent of each species’ distribution. We the eight species. Sources of this habitat. Given that threats to these two used USGS 1:100,000 digital stream information include research published species are compounded by their maps to delineate the boundaries of in peer-reviewed articles and books, limited distribution and isolation, it is critical habitat units according to the agency reports, museum collections, unlikely that currently occupied habitat criteria explained below. The upstream and surveys by biologists (see is adequate for their conservation. The boundary of a unit in a stream is the Background section). We then identified range of each has been severely first perennial, named tributary the specific areas that are occupied by curtailed, their occupied habitats are confluence; a road-crossing bridge; or a each of the eight mussels and that limited and isolated, and population permanent barrier to fish passage (such contain one or more of the physical or sizes are small. For example, the as a dam) above the upstream-most biological features. We defined Alabama pearlshell is no longer current occurrence record. Many of the occupied habitat as those stream reaches believed to occur in the Limestone Alabama pearlshell survey sites are known to be currently occupied by any Creek system (Monroe County), several located near watershed headwaters. In of the eight species. To identify the tributaries in the Murder Creek system, these areas, the upstream boundary of a currently occupied stream reaches, we or in the Patsaliga Creek drainage. The unit is the point where the stream and used survey data collected from 1995 to southern kidneyshell once occurred in its tributaries are no longer perennially 2012. Several surveys were conducted all three river basins, but is currently flowing streams. The confluence of a

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tributary typically marks a significant assisted or natural migration into lands. Any such lands inadvertently left change in the size of the stream and is adjacent undesignated streams within inside critical habitat boundaries shown a logical and recognizable upstream each basin. The habitat areas contained on the maps of this final rule have been terminus. When a named tributary was within the units described below excluded by text in the rule and are not not available, a road-crossing bridge was constitute our best evaluation of areas designated as critical habitat. Therefore, used to mark the boundary. Likewise, a needed for the conservation of these a Federal action involving these lands dam or other barrier to fish passage species at this time. Critical habitat may will not trigger section 7 consultation marks the upstream extent to which be revised for any or all of these species with respect to critical habitat and the mussels may disperse via their fish should new information become requirement of no adverse modification hosts. The downstream boundary of a available. unless the specific action would affect unit in a stream is the confluence of a Using the criteria above, we the physical or biological featues in the named tributary, the upstream extent of delineated a total of nine critical habitat adjacent critical habitat. tidal influence, or the upstream extent units—two units (AP1, AP2) for the Units are designated based on of an impoundment, below the Alabama pearlshell, and seven Gulf sufficient elements of physical or downstream-most occurrence record. In Coast mussels units (GCM1 through biological features being present to the unit descriptions, distances between GCM7) for one or more of the other support life-history processes of these landmarks marking the upstream or seven mussel species. We depicted the eight mussel species. Some units downstream extent of a stream segment Alabama pearlshell units separately as contain all of the identified elements of are given in kilometers (km) and this species tends to inhabit headwater physical or biological features and equivalent miles (mi), as measured stream environments and seldom co- support multiple life-history processes. tracing the course of the stream, not occurs with the other seven species, Some segments contain only some straight-line distance. Distances less although some critical habitat in the elements of the physical or biological than 10 km (6.2 mi) are rounded to the downstream portions of Unit AP2 features necessary to support each nearest half number, and distances of 10 overlaps with the upstream portions of species’ particular use of that habitat. Unit GCM1 in the Escambia River km (6.2 mi) and greater are rounded to The critical habitat designation is the nearest whole number. drainage. The round ebonyshell, southern kidneyshell, Choctaw bean, defined by the map or maps, as Because mussels are naturally tapered pigtoe, narrow pigtoe, southern modified by any accompanying restricted by certain physical conditions sandshell, and fuzzy pigtoe often co- regulatory text, presented at the end of within a stream or river reach (i.e., flow, occur within the same stream segments, this document in the rule portion. We substrate), they may be unevenly so most of the GCM critical habitat units include more detailed information on distributed within these habitat units. are designated for more than one the boundaries of the critical habitat Uncertainty on upstream and species. Unit GCM2: Point A Lake and designation in the preamble of this downstream distributional limits of Gantt Lake Reservoirs is the only document. We will make the some populations may have resulted in exception, which is designated for the coordinates or plot points or both on small areas of occupied habitat narrow pigtoe only. which each map is based available to excluded from, or areas of unoccupied When determining critical habitat the public on http:// habitat included in, the designation. We boundaries within this final rule, we www.regulations.gov at Docket No. recognize that both historical and recent made every effort to avoid including FWS–R4–ES–2011–0050, on our collection records upon which we relied developed areas because such lands lack Internet sites http://www.fws.gov/ are incomplete, and that there may be physical or biological features for these PanamaCity, and at the field office river segments or small tributaries not eight mussel species. The areas responsible for the designation (see included in this designation that harbor designated as critical habitat listed ADDRESSES above). small, limited populations of one or below include only stream channels Final Critical Habitat Designation more of the eight species considered in within the ordinary high-water line and this designation, or that others may do not do not include manmade We are designating nine units as become suitable in the future. The structures (such as buildings, aqueducts, critical habitat for the Alabama exclusion of such areas does not runways, dams, roads, and other paved pearlshell, round ebonyshell, southern diminish their potential individual or areas) and the land on which they are kidneyshell, Choctaw bean, tapered cumulative importance to the located, with the exception of the pigtoe, narrow pigtoe, southern conservation of these species. However, impoundments created by Point A and sandshell, and fuzzy pigtoe. The critical with proper management, each of the Gantt Lake dams (impounded water, not habitat areas described below constitute nine critical habitat units are capable of the actual dam structures). The scale of our best assessment at this time of areas supporting one or more of these mussel the maps we prepared under the that meet the definition of critical species, and will serve as source parameters for publication within the habitat. The occupancy and stream populations for artificial reintroduction Code of Federal Regulations may not length of designated critical habitat into designated stream units, as well as reflect the exclusion of such developed units by species is shown in Table 10.

TABLE 10—OCCUPANCY AND STREAM LENGTH OF DESIGNATED CRITICAL HABITAT UNITS BY SPECIES

Total stream Unit Currently length occupied? kilometers (miles)

Alabama pearlshell (Margaritifera marrianae)

AP1: Big Flat Creek ...... Yes ...... 92 (57) AP2: Burnt Corn Creek, Murder Creek, and Sepulga River ...... Partially 1 ...... 155 (96)

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TABLE 10—OCCUPANCY AND STREAM LENGTH OF DESIGNATED CRITICAL HABITAT UNITS BY SPECIES—Continued

Total stream Unit Currently length occupied? kilometers (miles)

Total ...... 247 (153)

Round ebonyshell (Fusconaia rotulata)

GCM1: Lower Escambia River ...... Yes ...... 558 (347)

Southern sandshell (Hamiota australis)

GCM1: Lower Escambia River ...... Yes ...... 558 (347) GCM3: Patsaliga Creek ...... Yes ...... 149 (92) GCM4: Upper Escambia River ...... Yes ...... 137 (85) GCM5: Yellow River ...... Yes ...... 247 (153) GCM6: Choctawhatchee River and Lower Pea River ...... Yes ...... 897 (557) GCM7: Upper Pea River ...... Yes ...... 234 (145)

Total ...... 2,222 (1,379)

Southern kidneyshell (Ptychobranchus jonesi)

GCM1: Lower Escambia River ...... No ...... 558 (347) GCM3: Patsaliga Creek ...... No ...... 149 (92) GCM4: Upper Escambia River ...... No ...... 137 (85) GCM6: Choctawhatchee River and Lower Pea River ...... Yes ...... 897 (557) GCM7: Upper Pea River ...... Yes ...... 234 (145)

Total ...... 1,975 (1,226)

Choctaw bean (Villosa choctawensis)

GCM1: Lower Escambia River ...... Yes ...... 558 (347) GCM3: Patsaliga Creek ...... Yes ...... 149 (92) GCM4: Upper Escambia River ...... Yes ...... 137 (85) GCM5: Yellow River ...... Yes ...... 247 (153) GCM6: Choctawhatchee River and Lower Pea River ...... Yes ...... 897 (557) GCM7: Upper Pea River ...... Yes ...... 234 (145)

Total ...... 2,222 (1,397)

Tapered pigtoe (Fusconaia burkei)

GCM6: Choctawhatchee River and Lower Pea River ...... Yes ...... 897 (557) GCM7: Upper Pea River ...... Yes ...... 234 (145)

Total ...... 1,131 (702)

Narrow pigtoe (Fusconaia escambia)

GCM1: Lower Escambia River ...... Yes ...... 558 (347) GCM2: Point A Lake and Gantt Lake Reservoirs ...... Yes ...... 21 (13) GCM3: Patsaliga Creek ...... Yes ...... 149 (92) GCM4: Upper Escambia River ...... Yes ...... 137 (85) GCM5: Yellow River ...... Yes ...... 247 (153)

Total ...... 1,112 (690)

Fuzzy pigtoe (Pleurobema strodeanum)

GCM1: Lower Escambia River ...... Yes ...... 558 (347) GCM3: Patsaliga Creek ...... Yes ...... 149 (92) GCM4: Upper Escambia River ...... Yes ...... 137 (85) GCM5: Yellow River ...... Yes ...... 247 (153) GCM6: Choctawhatchee River and Lower Pea River ...... Yes ...... 897 (557) GCM7: Upper Pea River ...... Yes ...... 234 (145)

Total ...... 2,222 (1,379) Note: Totals may not sum due to rounding. 1 17 km (11 mi) of Murder Creek mainstem are unoccupied.

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The designated critical habitat appropriate means that consider the the States of Alabama and Florida. The includes the creek and river channels characteristics of the surrounding areas. lands beneath most nonnavigable waters within the ordinary high-water line States were granted ownership of included in this final rule are in private only. For this purpose, we have applied lands beneath navigable waters up to ownership. Riparian lands along the the definition found at 33 CFR 329.11, the ordinary high-water line upon waters are either in private ownership, and consider the ordinary high-water achieving Statehood (Pollard v. Hagan, or are owned by county, State, or line on nontidal rivers to be the line on 44 U.S. (3 How.) 212 (1845)). Prior Federal entities. Lands under county, the shore established by the fluctuations sovereigns or the States may have made State, and Federal ownership consist of of water and indicated by physical grants to private parties that included managed conservation areas and characteristics, such as a clear, natural lands below the ordinary high-water Department of Defense lands, and are line impressed on the bank; shelving; mark of some navigable waters that are considered to have some level of changes in the character of soil; included in this rule. Most, if not all, protection. The approximate length of destruction of terrestrial vegetation; the lands beneath the navigable waters each habitat unit and land ownership is presence of litter and debris; or other included in this final rule are owned by shown in Table 11.

TABLE 11—CRITICAL HABITAT UNITS, LOCATION, APPROXIMATE STREAM LENGTH, AND OWNERSHIP OF RIPARIAN LANDS

Private/ Unit Location Total Length Private Managed Managed km (mi) km (mi)* km (mi)* km (mi)*

AP1 ...... Big Flat Creek, AL ...... 92 (57) 92 (57) 0 0 AP2 ...... Burnt Corn Creek, Murder Creek, and 155 (96) 155 (96) 0 0 Sepulga River, AL. GCM1 ..... Lower Escambia River, AL, FL ...... 558 (347) 482 (299) 18 (11) 59 (36) GCM2 ..... Point A Lake and Gantt Lake Res- 21 (13) 21 (13) 0 0 ervoirs, AL. GCM3 ..... Patsaliga Creek, AL ...... 149 (92) 149 (92) 0 0 GCM4 ..... Upper Escambia River, AL ...... 137 (85) 130 (81) 7 (4) 0 GCM5 ..... Yellow River, AL, FL ...... 247 (153) 98 (61) 68 (42) 81 (50) GCM6 ..... Choctawhatchee River and Lower Pea 897 (557) 718 (446) 61 (38) 119 (74) River, AL, FL. GCM7 ..... Upper Pea River, AL ...... 234 (145) 228 (142) 0 5 (3)

Overlap between units AP2 and GCM1 ¥85 (53) ¥85 (53) 0 0

Total ...... 2,404 (1,494) 1,987 (1,235) 153 (95) 263 (164) Note: Totals may not sum due to rounding. * Ownership is categorized by private ownership on both banks of the river (Private); private on one bank and county, state or federal on the other (Private/Managed); and county, state, or federal ownership on both banks (Managed).

We present brief descriptions of all currently supports healthy populations Unit AP2: Burnt Corn Creek, Murder units, and reasons why they meet the of several other native mussel species, Creek, and Sepulga River Drainages, definition of critical habitat for each indicating the presence of essential Alabama species, below. physical or biological features, and contains PCEs 1, 2, 3, and 4. A diverse Unit AP2 encompasses 155 km (96 Unit AP1: Big Flat Creek Drainage, mi) of the Burnt Corn Creek, Murder Alabama fish fauna, including potential fish host(s) for the Alabama pearlshell, are Creek, and Sepulga River drainages Unit AP1 encompasses 92 km (57 mi) known from the Big Flat Creek drainage, within the Escambia River drainage in Escambia and Conecuh Counties, AL. It of the Big Flat Creek drainage, in indicating the potential presence of PCE includes the mainstem of Burnt Corn Monroe and Wilcox Counties, AL. The 5. unit is within the Mobile River basin. It Creek from its confluence with Murder includes the mainstem of Big Flat Creek Threats to the Alabama pearlshell and Creek upstream 66 km (41 mi), Conecuh from State Route 41 upstream 56 km (35 its habitat may require special County, AL; the mainstem of Murder mi), Monroe County, AL; Flat Creek management of the physical or Creek from its confluence with Jordan from its confluence with Big Flat Creek biological features including Creek upstream 17 km (11 mi) to the upstream 20 km (12 mi), Monroe maintaining natural stream flows and confluence of Otter Creek, Conecuh County, AL; and Dailey Creek from its protecting water quality from excessive County, AL; Jordan Creek from its confluence with Flat Creek upstream 17 point- and non-point-source pollution. confluence with Murder Creek upstream km (11 mi), Wilcox County, AL. For example, runoff from agricultural 12 km (7 mi), Conecuh County, AL; Unit AP1 is within the geographical and industrial sites can alter water Otter Creek from its confluence with area occupied at the time of listing quality through added nutrients and Murder Creek upstream 9 km (5.5 mi), (2012) for the Alabama pearlshell. Based sediment. Runoff from unpaved roads Conecuh County, AL; Hunter Creek on collection records, the species was can also add sediments, and poorly from its confluence with Murder Creek last collected in the Big Flat Creek designed road culverts can degrade upstream 4.4 km (2.7 mi) to the NOLF system in 1995, when Shelton (1995, p. habitats and limit distribution of the Evergreen northern boundary, Conecuh 3 unpub. report) documented a fresh species. Some culverts can isolate County, AL; Hunter Creek from the dead individual. Although it is likely pearlshell populations by acting as a NOLF Evergreen southern boundary that the Alabama pearlshell has always barrier for dispersion and movement of upstream 3.0 km (1.9 mi), Conecuh been rare in Big Flat Creek, the unit host fish(es). County, AL; Sandy Creek from County

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Road 29 upstream 5 km (3.5 mi) to Butler Counties, AL. The unit consists the presence of essential physical or Hagood Road; two unnamed tributaries of the main channel of the Escambia- biological features, and contains PCEs 1, to Sandy Creek—one from its Conecuh River from the confluence of 2, 3, and 4. In addition, other mussel confluence with Sandy Creek upstream Spanish Mill Creek, Escambia and Santa species, requiring similar PCEs, co- 8.5 km (5.0 mi) to Hagood Road, and the Rosa counties, FL, upstream 204 km occur with these five species. A diverse other from its confluence with the (127 mi) to the Point A Lake dam, fish fauna, including potential fish previous unnamed tributary 2.5 km (1.5 Covington County, AL; Murder Creek host(s) for the fuzzy pigtoe, are known mi) upstream to Hagood Road, Conecuh from its confluence with the Conecuh from the Escambia River drainage, County, AL; Little Cedar Creek from River, Escambia County, AL, upstream indicating the potential presence of PCE County Road 6 upstream 8 km (5 mi), 62 km (38 mi) to the confluence of Cane 5. Conecuh County, AL; Amos Mill Creek Creek, Conecuh County, AL; Burnt Corn Threats to the five species and their from its confluence with the Sepulga Creek from its confluence with Murder habitat that may require special River upstream 12 km (8 mi), Escambia Creek, Escambia County, AL, upstream management of the physical or and Conecuh Counties, AL; Polly Creek 59 km (37 mi) to County Road 20, biological features include the potential from its confluence with Amos Mill Conecuh County, AL; Jordan Creek from of significant changes in the existing Creek upstream 3 km (2 mi), Conecuh its confluence with Murder Creek, flow regime and water quality due to County, AL; and Bottle Creek from its upstream 5.5 km (3.5 mi) to Interstate two upstream impoundments. As confluence with the Sepulga River 65, Conecuh County, AL; Mill Creek discussed in Summary of Factors upstream 5.5 km (3.5 mi) to County from its confluence with Murder Creek Affecting the Species, mollusk declines Road 42, Conecuh County, AL. upstream 2.5 km (1.5 mi) to the downstream of dams are associated with Unit AP2 is mostly within the confluence of Sandy Creek, Conecuh changes and fluctuation in flow regime, geographical area occupied at the time County, AL; Sandy Creek from its scouring and erosion, reduced dissolved of listing (2012) for the Alabama confluence with Mill Creek upstream oxygen levels and altered water pearlshell. The Alabama pearlshell 5.5 km (3.5 mi) to County Road 29, temperatures, and changes in resident currently occurs in Jordan, Hunter, Conecuh County, AL; Sepulga River fish assemblages. These alterations can Otter, Sandy, Little Cedar, Bottle, and from its confluence with the Conecuh cause mussel declines for many miles Amos Mill creek drainages. Although it River upstream 69 km (43 mi) to the downstream of the dam. historically occurred in the mainstem of confluence of Persimmon Creek, Unit GCM2: Point A Lake and Gantt Murder Creek, it has not been collected Conecuh County, AL; Bottle Creek from Lake Reservoirs, Alabama there since 1991. Therefore, this short its confluence with the Sepulga River reach of Murder Creek is considered Unit GCM2 encompasses 21 km (13 upstream 5.5 km (3.5 mi) to County mi) of the Point A Lake and Gantt Lake unoccupied by the Alabama pearlshell, Road 42, Conecuh County, AL; but essential to the conservation of the reservoir system in Covington County, Persimmon Creek from its confluence AL. Both lakes are impoundments on species. This unoccupied reach retains with the Sepulga River, Conecuh the physical or biological features of a the Conecuh River main channel in the County, upstream 36 km (22 mi) to the Escambia River drainage. The unit natural stream channel and supports confluence of Mashy Creek, Butler other native mussel species. It has extends from Point A Lake dam, County, AL; Panther Creek from its Covington County upstream 21 km (13 potential for reoccupation by the confluence with Persimmon Creek pearlshell, particularly if threats can be mi) to the Covington-Crenshaw County upstream 11 km (7 mi) to State Route line in Alabama. identified and mitigated. 106, Butler County, AL; Pigeon Creek The unit currently supports healthy Unit GCM2 is within the geographical from its confluence with the Sepulga populations of several other native area occupied at the time of listing River, Conecuh and Covington Counties, mussel species, indicating the elements (2012) for the narrow pigtoe. As upstream 89 km (55 mi) to the of essential physical or biological mentioned in discussion of essential confluence of Three Run Creek, Butler features, and contains PCEs 1, 2, 3, and physical or biological features for the County, AL; and Three Run Creek from 4. In addition, other mussel species, narrow pigtoe, we attribute its its confluence with Pigeon Creek requiring similar PCEs, co-occur with occurrence in these two impoundments upstream 9 km (5.5 mi) to the the pearlshell. A diverse fish fauna, to the small size of the reservoirs and to confluence of Spring Creek, Butler including potential fish host(s) for the the operational regime of the dams. This County, AL. Alabama pearlshell, are known from allows for water movement through the these drainages, indicating the potential Unit GCM1 is within the geographical system, and prevents silt accumulation presence of PCE 5. area occupied at the time of listing in some areas. The largest narrow pigtoe Threats to the Alabama pearlshell and (2012) for the round ebonyshell, population occurs in the middle reach its habitat that may require special southern kidneyshell, Choctaw bean, of Gantt Lake, where the reservoir management of the physical or narrow pigtoe, southern sandshell, and narrows and becomes somewhat biological featues include alteration and fuzzy pigtoe. The southern kidneyshell riverine. Although the natural state of maintenance of natural stream flows is not currently known to occur in the the river’s hydrological flow regime is (including the construction of unit; however, this portion of the modified, it does retain the presence of impoundments), and protecting water Escambia River system is within the the physical or biological features quality from excessive point- and non- species’ historical range, and we necessary to maintain the benthic point-source pollution. consider it essential to the southern habitats where the species are found. kidneyshell’s conservation due to the The persistence of the narrow pigtoe Unit GCM1: Lower Escambia River need to re-establish the species within within these reservoirs indicates the Drainage, Florida and Alabama other portions of its historical range in presence of an appropriate fish host. Unit GCM1 encompasses 558 km (347 order to reduce threats from stochastic Although its fish host(s) is unknown, mi) of the lower Escambia River events. The unit currently supports other mussels of the genus Fusconaia mainstem and 12 tributary streams in populations of round ebonyshell, are known to use cyprinid minnows, Escambia and Santa Rosa Counties, FL, Choctaw bean, narrow pigtoe, southern fish that occupy a variety of habitats and Escambia, Covington, Conecuh, and sandshell, and fuzzy pigtoe, indicating including large, flowing rivers, and

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lakes and reservoirs (Mettee et al. 1996, establish the species within other addition, other mussel species requiring p. 128). The unit currently supports portions of its historic range in order to similar PCEs co-occur with these four narrow pigtoe populations, indicating reduce threats from stochastic events. species. A diverse fish fauna, including the elements of essential physical or The unit does currently support a potential fish host for the fuzzy pigtoe, biological features, and contains PCEs 1, populations of Choctaw bean, narrow are known from the upper Escambia 3, 4, and 5. We consider the habitat in pigtoe, southern sandshell, and fuzzy River drainage, indicating the potential this unit essential to the conservation of pigtoe, indicating the presence of presence of PCE 5. the narrow pigtoe as it possesses the essential physical or biological features, The Point A Lake and Gantt Lake largest known population. The fuzzy and contains PCEs 1, 2, 3, and 4. In dams on the Conecuh River mainstem pigtoe is known historically from this addition, other mussel species, are barriers to upstream fish movement, stretch of the Conecuh River (one requiring similar PCEs, co-occur with particularly to anadromous fishes. specimen was collected in 1915). these four species. A diverse fish fauna, Therefore, a potential threat that may However, the collection was made prior including a potential fish host for the require special management of the to construction of the reservoirs in 1923, fuzzy pigtoe, are known from the physical or biological features includes and it is not presently known to occur Patsaliga Creek drainage, indicating the the absence of fish hosts. in this now-impounded section of the potential presence of PCE 5. river. Prior to construction of the Point A Unit GCM5: Yellow River Drainage, Threats to the narrow pigtoe and its Lake and Gantt Lake dams in 1923, Florida and Alabama habitat that may require special Patsaliga Creek drained directly to the Unit GCM5 encompasses 247 km (153 management of the physical or Conecuh River main channel. It now mi) of the Yellow River mainstem, the biological features include the potential empties into Point A Lake and is Shoal River mainstem, and three of significant changes in water levels effectively isolated from the main tributary streams in Santa Rosa, due to periodic drawdowns of the channel by the dams. The dams are Okaloosa, and Walton Counties, FL, and reservoirs for maintenance to the dams. barriers to upstream fish movement, Covington County, AL. The unit Within the two reservoirs, mussels particularly to anadromous fishes. consists of the Yellow River from the occur in shallow areas near the shore, Therefore, a potential threat that may confluence of Weaver River (a tributary where they are susceptible to exposure require special management of the located 0.9 km (0.6 mi), downstream of when water levels are lowered. A physical or biological features includes State Route 87), Santa Rosa County, FL, drawdown of Point A Lake in 2005, and the absence of fish hosts. upstream 157 km (97 mi) to County Gantt Lake in 2006, exposed and killed Unit GCM4: Upper Escambia River Road 42, Covington County, AL; the a substantial number of mussels Drainage, Alabama Shoal River from its confluence with the (Johnson 2006 in litt.). During the Gantt Yellow River, Okaloosa County, FL, drawdown, 142 individuals of narrow Unit GCM4 encompasses 137 km (85 upstream 51 km (32 mi) to the pigtoe were relocated after being mi) of the Conecuh River mainstem and confluence of Mossy Head Branch, stranded in dewatered areas near the two tributary streams in Covington, Walton County, FL; Pond Creek from its shoreline (Garner 2009 pers. comm.; Crenshaw, Pike, and Bullock Counties, confluence with Shoal River, Okaloosa Pursifull 2006, pers. obs.). AL, within the Escambia River drainage. The unit consists of the Conecuh River County, FL, upstream 24 km (15 mi) to Unit GCM3: Patsaliga Creek Drainage, from its confluence with Gantt Lake the confluence of Fleming Creek, Alabama reservoir at the Covington-Crenshaw Walton County, FL; and Five Runs Unit GCM3 encompasses 149 km (92 County line upstream 126 km (78 mi) to Creek from its confluence with the mi) of Patsaliga Creek and two tributary County Road 8, Bullock County, AL; Yellow River upstream 15 km (9.5 mi) streams in Covington, Crenshaw, and Beeman Creek from its confluence with to County Road 31, Covington County, Pike Counties, AL, within the Escambia the Conecuh River upstream 6.5 km (4 AL. River basin. The unit consists of the mi) to the confluence of Mill Creek, Pike Unit GCM5 is within the geographical Patsaliga Creek mainstem from its County, AL; and Mill Creek from its area occupied at the time of listing confluence with Point A Lake at County confluence with Beeman Creek, (2012) for the Choctaw bean, narrow Road 59, Covington County, AL, upstream 4.5 km (3 mi) to County Road pigtoe, southern sandshell, and fuzzy upstream 108 km (67 mi) to Crenshaw 13, Pike County, AL. pigtoe. The southern kidneyshell was County Road 66-Pike County Road 1 Unit GCM4 is is within the known from the Yellow River drainage; (the creek is the county boundary), AL; geographical area occupied at the time however, its occurrence in the basin is Little Patsaliga Creek from its of listing (2012) Choctaw bean, narrow based on the collection of one specimen confluence with Patsaliga Creek pigtoe, southern sandshell, and fuzzy in 1919 from Hollis Creek in Alabama. upstream 28 km (17 mi) to Mary Daniel pigtoe. The southern kidneyshell is not We believe this single, historical record Road, Crenshaw County, AL; and currently known to occur in the unit; is not sufficient to consider this unit as Olustee Creek from its confluence with however, this portion of the Conecuh essential to the conservation of the Patsaliga Creek upstream 12 km (8 mi) River is within the species’ historic southern kidneyshell. Therefore, we are to County Road 5, Pike County, AL. range, and we consider it to be essential not designating Unit GCM5 as critical Unit GCM3 is within the geographical to the conservation of the southern habitat for the southern kidneyshell at area occupied at the time of listing kidneyshell due to the need to re- this time. The unit does currently (2012) for the Choctaw bean, narrow establish the species within other support populations of Choctaw bean, pigtoe, southern sandshell, and fuzzy portions of its historic range in order to narrow pigtoe, southern sandshell, and pigtoe. The southern kidneyshell is not reduce threats from stochastic events. fuzzy pigtoe, indicating the presence of currently known to occur in the unit; The unit does currently support essential physical or biological features, however, this portion of the Patsaliga populations of Choctaw bean, narrow and contains PCEs 1, 2, 3, and 4. In Creek system is within the species’ pigtoe, southern sandshell, and fuzzy addition, other mussel species, historic range. We consider it essential pigtoe, indicating the presence of requiring similar PCEs, co-occur with to the conservation of the southern essential physical or biological features, these four species. A diverse fish fauna kidneyshell due to the need to re- and contains PCEs 1, 2, 3, and 4. In are known from the Yellow River

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drainage, indicating the potential the Choctawhatchee River upstream 6.5 River, Dale County, AL, upstream 54 km presence of PCE 5. km (4 mi) to Fowler Branch, Holmes (33 mi) to the fork of Paul’s Creek and County, FL; East Pittman Creek from its Lindsey Creek, Barbour County, AL; Unit GCM6: Choctawhatchee River and Judy Creek from its confluence with Lower Pea River Drainages, Florida and confluence with the Choctawhatchee West Fork Choctawhatchee River Alabama River upstream 4.5 km (3 mi) to County Road 179, Holmes County, FL; Parrot upstream 17 km (11 mi) to County Road Unit GCM6 encompasses 897 km (557 Creek from its confluence with the 13, Dale County, AL; Sikes Creek from mi) of the Choctawhatchee River Choctawhatchee River upstream 6 km (4 its confluence with West Fork mainstem, the lower Pea River mi) to Tommy Lane, Holmes County, Choctawhatchee River, Dale County, mainstem, and 29 tributary streams in FL; the Pea River from its confluence AL, upstream 8.5 km (5.5 mi) to State Walton, Washington, Bay, Holmes, and with the Choctawhatchee River, Geneva Route 10, Barbour County, AL; Paul’s Jackson Counties, FL, and Geneva, County, AL, upstream 91 km (57 mi) to Creek from its confluence with West Coffee, Dale, Houston, Henry, Pike, and the Elba Dam, Coffee County, AL; Fork Choctawhatchee River upstream 7 Barbour Counties, AL. The unit consists Limestone Creek from its confluence km (4.5 mi) to one mile upstream of of the Choctawhatchee River from the with the Pea River upstream 8.5 km (5 County Road 20, Barbour County, AL; confluence of Pine Log Creek, Walton mi) to Woods Road, Walton County, FL; Lindsey Creek from its confluence with County, FL, upstream 200 km (125 mi) Flat Creek from the Pea River upstream West Fork Choctawhatchee River to the point the river splits into the West 17 km (10 mi) to the confluence of upstream 14 km (8.5 mi) to the Fork Choctawhatchee and East Fork Panther Creek, Geneva County, AL; confluence of an unnamed tributary, Choctawhatchee rivers, Barbour County, Barbour County, AL; an unnamed AL; Pine Log Creek from its confluence Eightmile Creek from its confluence with Flat Creek, Geneva County, AL, tributary to Lindsey Creek from its with the Choctawhatchee River, Walton confluence with Lindsey Creek County, upstream 19 km (12 mi) to the upstream 15 km (9 mi) to the confluence of Dry Branch (first tributary upstream upstream 2.5 km (1.5 mi) to 1.0 mile confluence of Ditch Branch, Washington upstream of County Road 53, Barbour and Bay Counties, FL; an unnamed of County Road 181), Walton County, FL; Corner Creek from its confluence County, AL; and East Fork channel forming Cowford Island from Choctawhatchee River from its with Eightmile Creek upstream 5 km (3 its downstream confluence with the confluence with the Choctawhatchee mi) to State Route 54, Geneva County, Choctawhatchee River upstream 3 km (2 River, Dale County, AL, upstream 71 km AL; Natural Bridge Creek from its mi) to its upstream confluence with the (44 mi) to County Road 71, Barbour confluence with Eightmile Creek river, Washington County, FL; Crews County, AL. Lake from its western terminus 1.5 km Geneva County, AL, upstream, 4 km (2.5 Unit GCM6 is within the geographical (1 mi) to its eastern terminus, mi) to the Covington-Geneva County area occupied at the time of listing Washington County, FL (Crews Lake is line, AL; Double Bridges Creek from its (2012) for the southern kidneyshell, a relic channel southwest of Cowford confluence with the Choctawhatchee Choctaw bean, tapered pigtoe, southern Island, and is disconnected from the River, Geneva County, AL, upstream 46 sandshell, and fuzzy pigtoe. The unit Cowford Island channel, except during km (29 mi) to the confluence of Blanket currently supports populations of the high flows); Holmes Creek from its Creek, Coffee County, AL; Claybank five species, indicating the elements of confluence with the Choctawhatchee Creek from its confluence with the essential physical or biological features, River, Washington County, FL, Choctawhatchee River, Geneva County, and contains PCEs 1, 2, 3, and 4. In upstream 98 km (61 mi) to County Road AL, upstream 22 km (14 mi) to the Fort addition, other mussel species, 4, Geneva County, AL; Alligator Creek Rucker military reservation southern requiring similar PCEs, co-occur with from its confluence with Holmes Creek boundary, Dale County, AL; Claybank these five species. A diverse fish fauna upstream 6.5 km (4 mi) to County Road Creek from the Fort Rucker military is known from the Choctawhatchee 166, Washington County, FL; Bruce reservation northern boundary, River, including a potential fish host for Creek from its confluence with the upstream 6 km (4 mi) to County Road the fuzzy pigtoe and tapered pigtoe, Choctawhatchee River upstream 25 km 36, Dale County, AL; Steep Head Creek indicating the potential presence of PCE (16 mi) to the confluence of an unnamed from the Fort Rucker military 5. tributary, Walton County, FL; Sandy reservation western boundary, upstream Not included in this unit are two Creek from its confluence with the 4 km (2.5 mi) to County Road 156, oxbow lakes now disconnected from the Choctawhatchee River, Walton County, Coffee County, AL; Hurricane Creek Choctawhatchee River main channel in FL, upstream 30 km (18 mi) to the from its confluence with the Washington County, Florida. Horseshoe confluence of West Sandy Creek, Choctawhatchee River upstream 14 km Lake has a record of southern Holmes and Walton County, FL; Blue (8.5 mi) to State Route 52, Geneva kidneyshell from 1932, and Crawford Creek from its confluence with Sandy County, AL; Little Choctawhatchee Lake has records of Choctaw bean and Creek, upstream 7 km (4.5 mi) to the River from its confluence with the tapered pigtoe from 1934. It is possible confluence of Goose Branch, Holmes Choctawhatchee River, Dale and these oxbow lakes had some connection County, FL; West Sandy Creek from its Houston Counties upstream 20 km (13 to the main channel when the confluence with Sandy Creek, upstream mi) to the confluence of Newton Creek, collections were made over 75 years 5.5 km (3.5 mi) to the confluence of an Houston County, AL; Panther Creek ago. The three species are not currently unnamed tributary, Walton County, FL; from its confluence with the Little known to occur in Horseshoe or Wrights Creek from its confluence with Choctawhatchee River, upstream 4.5 km Crawford lakes, and we do not consider the Choctawhatchee River, Holmes (2.5 mi) to the confluence of Gilley Mill them essential to the conservation of the County, FL, upstream 43 km (27 mi) to Branch, Houston County, AL; Bear southern kidneyshell, Choctaw bean, or County Road 4, Geneva County, AL; Creek from its confluence with the Little tapered pigtoe. Tenmile Creek from its confluence with Choctawhatchee River, upstream 5.5 km Threats to the five species and their Wrights Creek upstream 6 km (3.5 mi) (3.5 mi) to County Road 40 (Fortner habitat that may require special to the confluence of Rice Machine Street), Houston County, AL; West Fork management of the physical or Branch, Holmes County, FL; West Choctawhatchee River from its biological features include the potential Pittman Creek from its confluence with confluence with the Choctawhatchee of significant changes in the existing

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flow regime and water quality due to the fishes. Therefore, a potential threat that As a result of section 7 consultation, Elba Dam on the Pea River mainstem. may require special management of the we document compliance with the As discussed in Summary of Factors physical or biological feature includes requirements of section 7(a)(2) through Affecting the Species, mollusk declines the absence of potential host fishes. our issuance of: downstream of dams are associated with Effects of Critical Habitat Designation (1) A concurrence letter for Federal changes and fluctuation in flow regime, actions that may affect, but are not scouring and erosion, reduced dissolved Section 7 Consultation likely to adversely affect, listed species oxygen levels and altered water or critical habitat; or temperatures, and changes in resident Section 7(a)(2) of the Act requires fish assemblages. These alterations can Federal agencies, including the Service, (2) A biological opinion for Federal cause mussel declines for many miles to ensure that any action they fund, actions that may affect, or are likely to downstream of the dam. authorize, or carry out is not likely to adversely affect, listed species or critical jeopardize the continued existence of habitat. Unit GCM7: Upper Pea River Drainage, any endangered species or threatened When we issue a biological opinion Alabama species or result in the destruction or concluding that a project is likely to Unit GCM7 encompasses 234 km (145 adverse modification of designated jeopardize the continued existence of a mi) of the upper Pea River mainstem critical habitat of such species. In listed species and/or destroy or and six tributary streams in Coffee, Dale, addition, section 7(a)(4) of the Act adversely modify critical habitat, we Pike, Barbour, and Bullock Counties, requires Federal agencies to confer with provide reasonable and prudent AL. This unit is within the the Service on any agency action which alternatives to the project, if any are Choctawhatchee River basin and is likely to jeopardize the continued identifiable, that would avoid the includes the stream segments upstream existence of any species proposed to be likelihood of jeopardy and/or of the Elba Dam. The unit consists of the listed under the Act or result in the destruction or adverse modification of Pea River from the Elba Dam, Coffee destruction or adverse modification of critical habitat. We define ‘‘reasonable County, upstream 123 km (76 mi) to designated critical habitat. and prudent alternatives’’ (at 50 CFR State Route 239, Bullock and Barbour Decisions by the 5th and 9th Circuit 402.02) as alternative actions identified Counties, AL; Whitewater Creek from its Courts of Appeal have invalidated our during consultation that: confluence with the Pea River, Coffee regulatory definition of ‘‘destruction or (1) Can be implemented in a manner County upstream 45 km (28 mi) to the adverse modification’’ (50 CFR 402.02) consistent with the intended purpose of confluence of Walnut Creek, Pike (see Gifford Pinchot Task Force v. U.S. the action; County, AL; Walnut Creek from its Fish and Wildlife Service, 378 F. 3d (2) Can be implemented consistent confluence with Whitewater Creek 1059 (9th Cir. 2004) and Sierra Club v. upstream 14 km (9 mi) to County Road with the scope of the Federal agency’s U.S. Fish and Wildlife Service, 245 F.3d legal authority and jurisdiction; 26, Pike County, AL; Big Creek (Coffee 434, 442 (5th Cir. 2001)), and we do not (3) Are economically and County) from its confluence with rely on this regulatory definition when Whitewater Creek, Coffee County, technologically feasible; and analyzing whether an action is likely to upstream 30 km (18 mi) to the destroy or adversely modify critical (4) Would, in the Director’s opinion, confluence of Smart Branch, Pike habitat. Under the statutory provisions avoid the likelihood of jeopardizing the County, AL; Big Creek (Barbour County) of the Act, we determine destruction or continued existence of the listed species from its confluence with the Pea River adverse modification on the basis of and/or avoid the likelihood of upstream 10 km (6 mi) to the confluence whether, with implementation of the destroying or adversely modifying of Sand Creek, Barbour County, AL; Pea proposed Federal action, the affected critical habitat. Creek from its confluence with the Pea critical habitat would continue to serve Reasonable and prudent alternatives River upstream 6 km (4 mi) to the its intended conservation role for the confluence of Hurricane Creek, Barbour can vary from slight project County, AL; and Big Sandy Creek from species. modifications to extensive redesign or its confluence with the Pea River If a Federal action may affect a listed relocation of the project. Costs upstream 6.5 km (4 mi) to County Road species or its critical habitat, the associated with implementing a 14, Bullock County, AL. responsible Federal agency (action reasonable and prudent alternative are Unit GCM7 is within the geographical agency) must enter into consultation similarly variable. area occupied at the time of listing with us. Examples of actions that are Regulations at 50 CFR 402.16 require (2012) for the southern kidneyshell, subject to the section 7 consultation Federal agencies to reinitiate Choctaw bean, tapered pigtoe, southern process are actions on State, tribal, consultation on previously reviewed sandshell, and fuzzy pigtoe. The unit local, or private lands that require a actions in instances where we have currently supports populations of the Federal permit (such as a permit from listed a new species or subsequently five species, indicating the elements of the U.S. Army Corps of Engineers under designated critical habitat that may be essential physical or biological features, section 404 of the Clean Water Act or a affected and the Federal agency has and contains PCEs 1, 2, 3, and 4. In permit from the Service under section retained discretionary involvement or addition, other mussel species, 10 of the Act) or that involve some other control over the action (or the agency’s requiring similar PCEs, co-occur with Federal action (such as funding from the discretionary involvement or control is these five species. A diverse fish fauna Federal Highway Administration, authorized by law). Consequently, is known from the upper Pea River, Federal Aviation Administration, or the Federal agencies sometimes may need to including potential fish host(s) for the Federal Emergency Management request reinitiation of consultation with fuzzy pigtoe and tapered pigtoe, Agency). Federal actions not affecting us on actions for which formal indicating the potential presence listed species or critical habitat, and consultation has been completed, if of PCE 5. actions on State, tribal, local, or private those actions with discretionary The Elba Dam on the Pea River lands that are not federally funded or involvement or control may affect mainstem is a barrier to upstream fish authorized, do not require section 7 subsequently listed species or movement, particularly to anadromous consultation. designated critical habitat.

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Application of the ‘‘Adverse source or by dispersed release (non- 136) amended the Act to limit areas Modification’’ Standard point source). These activities could eligible for designation as critical The key factor related to the adverse alter water conditions to levels that are habitat. Specifically, section 4(a)(3)(B)(i) modification determination is whether, beyond the tolerances of the mussels or of the Act (16 U.S.C. 1533(a)(3)(B)(i)) with implementation of the proposed their fish host and result in direct or now provides: ‘‘The Secretary shall not Federal action, the affected critical cumulative adverse affects to these designate as critical habitat any lands or habitat would continue to serve its individuals and their life cycles. other geographical areas owned or intended conservation role for the (4) Actions that would significantly controlled by the Department of species. Activities that may destroy or alter stream bed material composition Defense, or designated for its use, that are subject to an integrated natural adversely modify critical habitat are and quality by increasing sediment resources management plan prepared those that alter the physical or deposition or filamentous algal growth. under section 101 of the Sikes Act (16 biological features to an extent that Such activities could include, but are U.S.C. 670a), if the Secretary determines appreciably reduces the conservation not limited to, construction projects, in writing that such plan provides a value of critical habitat for Alabama livestock grazing, timber harvest, and benefit to the species for which critical pearlshell, round ebonyshell, southern other watershed and floodplain habitat is proposed for designation.’’ kidneyshell, Choctaw bean, tapered disturbances that release sediments or nutrients into the water. These activities We consult with the military on the pigtoe, narrow pigtoe, southern development and implementation of sandshell, or fuzzy pigtoe. As discussed could eliminate or reduce habitats necessary for the growth and INRMPs for installations with listed above, the role of critical habitat is to species. We analyzed INRMPs support life-history needs and provide reproduction of these mussels by causing excessive sedimentation and developed by military installations for the conservation of these species. located within the range of the proposed Section 4(b)(8) of the Act requires us burial of the species or their habitats, or nutrification leading to excessive critical habitat designation for southern to briefly evaluate and describe, in any kidneyshell, Choctaw bean, tapered proposed or final regulation that filamentous algal growth. Excessive filamentous algal growth can cause pigtoe, southern sandshell, and fuzzy designates critical habitat, activities pigtoe to determine if they meet the involving a Federal action that may reduced nighttime dissolved oxygen levels through respiration, and prevent criteria for exemption from critical destroy or adversely modify such habitat under section 4(a)(3) of the Act. habitat, or that may be affected by such juvenile mussels from settling into stream sediments. The following areas are Department of designation. Defense lands with completed, Service- Activities that, when carried out, Exemptions approved INRMPs within the proposed funded, or authorized by a Federal critical habitat designation. agency, may affect critical habitat and Application of Section 4(a)(3) of the Act therefore should result in consultation The Sikes Act Improvement Act of Fort Rucker for these eight mussel species include, 1997 (Sikes Act) (16 U.S.C. 670a) The U.S. Army-operated Fort Rucker but are not limited to: required each military installation that Aviation Center, located in Daleville, (1) Actions that would significantly includes land and water suitable for the Alabama, owns lands that include alter channel geomorphology. Such conservation and management of portions of the proposed critical habitat activities could include, but are not natural resources to complete an designation (specifically unit GCM6, limited to, channelization, integrated natural resources Choctawhatchee River and Lower Pea impoundment, road and bridge management plan (INRMP) by River Drainage). Portions of Claybank construction, mining, dredging, November 17, 2001. An INRMP and Steep Head creeks are on lands desnagging, and destruction of riparian integrates implementation of the within the Fort Rucker military vegetation. These activities may lead to military mission of the installation with reservation. Fort Rucker has completed changes in water flows and levels that stewardship of the natural resources an INRMP (US Army 2009) that guides would degrade or eliminate the mussels found on the base. Each INRMP conservation activities on the or their fish host and/or their habitats. includes: installation through 2014. The INRMP These actions can also lead to increased • An assessment of the ecological specifically addresses maintaining and sedimentation and degradation in water needs on the installation, including the improving water quality through quality to levels that are beyond the need to provide for the conservation of reduction in sedimentation and erosion tolerances of the mussels or their fish listed species; control, land management practices, and host. • A statement of goals and priorities; improved treatment facilities. (US Army (2) Actions that would significantly • A detailed description of 2009, pp. 82–83, 90, 128–129). In alter the existing flow regime. Such management actions to be implemented addition, the INRMP will be updated to activities could include, but are not to provide for these ecological needs; incorporate the southern kidneyshell, limited to impoundment, water and Choctaw bean, tapered pigtoe, southern diversion, water withdrawal, water • A monitoring and adaptive sandshell, and fuzzy pigtoe. draw-down, and hydropower management plan. Based on the above considerations, generation. These activities could Among other things, each INRMP and in accordance with section eliminate or reduce the habitat must, to the extent appropriate and 4(a)(3)(B)(i) of the Act, we have necessary for growth and reproduction applicable, provide for fish and wildlife determined that the identified lands are of these mussels. management; fish and wildlife habitat subject to the Fort Rucker INRMP and (3) Actions that would significantly enhancement or modification; wetland that conservation efforts identified in alter water chemistry, quality, or protection, enhancement, and the INRMP will provide a benefit to the temperature. Such activities could restoration where necessary to support species occurring in habitats within or include, but are not limited to, release fish and wildlife; and enforcement of downstream of the Fort Rucker military of chemicals, biological pollutants, or applicable natural resource laws. reservation. Therefore, lands within this heated effluents into the surface water The National Defense Authorization installation are exempt from critical or connected groundwater at a point Act for Fiscal Year 2004 (Pub. L. 108– habitat designation under section 4(a)(3)

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of the Act. We are not including revisions to critical habitat on the basis critical habitat (baseline). The economic approximately 25 km (16 mi) of stream of the best available scientific data after impact of the critical habitat designation habitat in this critical habitat taking into consideration the economic is analyzed by comparing scenarios both designation because of this exemption. impact, national security impact, and ‘‘with critical habitat’’ and ‘‘without any other relevant impact of specifying critical habitat.’’ The ‘‘without critical NAS Whiting Field Complex any particular area as critical habitat. habitat’’ scenario represents the baseline The U.S. Navy owns lands that The Secretary may exclude an area from for the analysis, considering protections include portions of the proposed critical critical habitat if he determines that the already in place for the species (e.g., habitat designation in unit AP2. A benefits of such exclusion outweigh the under the Federal listing and other segment of Hunter Creek is on lands benefits of specifying such area as part Federal, State, and local regulations). within the boundaries of Naval Air of the critical habitat, unless he The baseline, therefore, represents the Station (NAS) Whiting Field’s Navy determines, based on the best scientific costs incurred regardless of whether Outlying Field (NOLF) Evergreen data available, that the failure to critical habitat is designated. The ‘‘with located in Conecuh County, Alabama. designate such area as critical habitat critical habitat’’ scenario describes the The NAS Whiting Field Complex has will result in the extinction of the incremental impacts associated completed an INRMP (Department of species. In making that determination, specifically with the designation of the Navy 2006) that guides conservation the statute on its face, as well as the critical habitat for the species. The activities on the installation through legislative history, is clear that the incremental conservation efforts and 2016. The INRMP specifically addresses Secretary has broad discretion regarding associated impacts are those not improving water quality through which factor(s) to use and how much expected to occur absent the designation vegetative buffers, stormwater and weight to give to any factor. of critical habitat for the species. In pesticide management, erosion control, Under section 4(b)(2) of the Act, the other words, the incremental costs are and land management practices Secretary may exclude an area from those attributable solely to the (Department of the Navy 2006, pp. 5.4– designated critical habitat based on designation of critical habitat above and 5.6, 5.15–5.26). In addition, the INRMP economic impacts, impacts on national beyond the baseline costs; these are the will be updated to incorporate the security, or any other relevant impacts. costs we consider in the final Alabama pearlshell. In considering whether to exclude a designation of critical habitat. The Based on the above considerations, particular area from the designation, we analysis looks at baseline impacts and in accordance with section identify the benefits of including the incurred from the listing of the species, 4(a)(3)(B)(i) of the Act, we have area in the designation, identify the and forecasts both baseline and determined that the identified lands are benefits of excluding the area from the incremental impacts likely to occur with subject to the NAS Whiting Field designation, and evaluate whether the the designation of critical habitat. For a INRMP and that conservation efforts benefits of exclusion outweigh the further description of analysis methods, identified in the INRMP will provide a benefits of inclusion. If the analysis see the ‘‘Framework for the Analysis’’ benefit to the Alabama pearlshell indicates that the benefits of exclusion section of the FEA. outweigh the benefits of inclusion, the occurring in habitats within or adjacent The FEA also addresses how potential to NOLF Evergreen. Therefore, lands Secretary may exercise his discretion to exclude the area only if such exclusion economic impacts are likely to be within this installation are exempt from distributed, including an assessment of critical habitat designation under would not result in the extinction of the species. any local or regional impacts of habitat section 4(a)(3) of the Act. We are not conservation and the potential effects of including approximately 0.4 km (0.25 Exclusions Based on Economic Impacts conservation activities on government mi) of stream habitat in this final critical Under section 4(b)(2) of the Act, we agencies, private businesses, and habitat designation because of this consider the economic impacts of individuals. The FEA measures lost exemption. specifying any particular area as critical economic efficiency associated with Other Department of Defense Lands habitat. In order to consider economic residential and commercial impacts, we prepared a draft economic development and public projects and Eglin Air Force Base (AFB), located in analysis (DEA) of the proposed critical activities, such as economic impacts on Niceville, Florida, owns the lands habitat designation and related factors water management and transportation adjacent to the critical habitat (77 FR 18173). The draft analysis, dated projects, Federal lands, small entities, designation (specifically unit GCM5, March 5, 2012, was made available for and the energy industry. Decision- Yellow River Drainage). The lower public review March 27, 2012, through makers can use this information to portions of the Shoal and Yellow rivers April 26, 2012 (77 FR 18173). Following assess whether the effects of the form the northwestern boundary of the the close of the comment period, a final designation might unduly burden a military reservation. However, no analysis (FEA) (dated May 24, 2012) of particular group or economic sector. portions of stream or river channels the potential economic effects of the Finally, the FEA looks at costs that will designated as critical habitat occur designation was developed taking into be incurred once listed, and considers within the boundary of the military consideration the public comments and those costs that may occur in the 20 reservation, and therefore Eglin AFB any new information (Industrial years following the designation of lands are not exempted. These reaches Economics 2012). critical habitat, which was determined are also currently designated critical The intent of the economic analysis is to be the appropriate period for analysis habitat for the threatened Gulf sturgeon to quantify the economic impacts of all because limited planning information (Acipenser oxyrinchus desotoi) (68 FR potential conservation efforts for the was available for most activities to 13370, March 19, 2033). Alabama pearlshell, round ebonyshell, forecast activity levels for projects Exclusions southern kidneyshell, Choctaw bean, beyond a 20-year timeframe. The final tapered pigtoe, narrow pigtoe, southern economic analysis quantifies economic Application of Section 4(b)(2) of the Act sandshell, and fuzzy pigtoe; some of impacts of conservation efforts for these Section 4(b)(2) of the Act states that these costs will likely be incurred eight species associated with the the Secretary shall designate and make regardless of whether we designate following categories of activity: (1)

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Impoundments, dams, and diversions; pearlshell, southern kidneyshell, consider regulatory approaches that (2) dredging, channelization, and Choctaw bean, tapered pigtoe, southern reduce burdens and maintain flexibility instream mining; (3) transportation and sandshell, and fuzzy pigtoe. We have and freedom of choice for the public utilities; (4) residential and commercial also determined that the remaining where these approaches are relevant, development; (5) timber management, lands within the designation of critical feasible, and consistent with regulatory agriculture, and grazing; and (6) oil habitat for the species are not owned or objectives. E.O. 13563 emphasizes wells/drilling. managed by the Department of Defense, further that regulations must be based The FEA states that the present value and, therefore, we anticipate no impact on the best available science and that of total incremental cost of critical on national security. Consequently, the the rulemaking process must allow for habitat designation is estimated to be Secretary is not exercising his discretion public participation and an open $1.70 million over the analysis to exclude any areas from this final exchange of ideas. We have developed timeframe (2012 to 2031), applying a 7 designation based on impacts on this rule in a manner consistent with percent discount rate or $147,000 national security. these requirements. annually. All of these impacts stem from the administrative cost of addressing Exclusions Based on Other Relevant Regulatory Flexibility Act adverse modification of critical habitat Impacts Under the Regulatory Flexibility Act during section 7 consultations. Because Under section 4(b)(2) of the Act, we (RFA; 5 U.S.C. 601 et seq., as amended the region is primarily rural, with little consider any other relevant impacts, in by the Small Business Regulatory planned economic activity, the Service addition to economic impacts and Enforcement Fairness Act (SBREFA) of and contacted stakeholders do not impacts on national security. We 1996), whenever an agency must anticipate that designation of critical consider a number of factors, including publish a notice of rulemaking for any habitat for these mussels will have whether the landowners have developed proposed or final rule, it must prepare substantial impact on economic activity. any Habitat Conservation Plans (HCPs) and make available for public comment The majority of the incremental impacts or other management plans for the area, a regulatory flexibility analysis that (67 percent) are related to road and or whether there are conservation describes the effects of the rule on small bridge construction and maintenance partnerships that would be encouraged entities (small businesses, small projects. Specifically, over the 30-year by designation of, or exclusion from, organizations, and small government timeframe of the FEA, the Alabama critical habitat. In addition, we look at jurisdictions). However, no regulatory Department of Transportation (ADOT) any tribal issues, and consider the flexibility analysis is required if the and the Florida Department of government-to-government relationship head of the agency certifies the rule will Transportation (FDOT) expect 208 road of the United States with tribal entities. not have a significant economic impact and bridge maintenance and resurfacing We also consider any social impacts that on a substantial number of small projects will occur in the region, and might occur because of the designation. entities. SBREFA amended RFA to ADOT and FDOT will, therefore, In preparing this final rule, we have require Federal agencies to provide a conduct section 7 consultations with the determined that there are currently no certification statement of the factual Service when roadways cross streams HCPs or other management plans for the basis for certifying that the rule will not designated as critical habitat. In Alabama pearlshell, round ebonyshell, have a significant economic impact on Alabama, data were not available to southern kidneyshell, Choctaw bean, a substantial number of small entities. According to the Small Business determine the number of road crossings tapered pigtoe, narrow pigtoe, southern Administration (SBA), small entities in critical habitat, and this likely results sandshell, or fuzzy pigtoe, and the final include small organizations, such as in an overestimate of impacts to designation does not include any tribal independent nonprofit organizations; transportation projects in Alabama. lands or trust resources. We anticipate small governmental jurisdictions, Our economic analysis did not no impact on tribal lands, partnerships, including school boards and city and identify any disproportionate costs that or HCPs from this critical habitat town governments that serve fewer than are likely to result from the designation. designation. Accordingly, the Secretary 50,000 residents; as well as small Consequently, the Secretary is not is not exercising his discretion to businesses (13 CFR 121.201). Small exerting his discretion to exclude any exclude any areas from this final areas from this designation of critical businesses include manufacturing and designation based on other relevant mining concerns with fewer than 500 habitat for these eight species based on impacts. economic impacts. employees, wholesale trade entities A copy of the final economic analysis Required Determinations with fewer than 100 employees, retail with supporting documents may be and service businesses with less than $5 Regulatory Planning and Review— million in annual sales, general and obtained by contacting the Panama City Executive Order 12866 and 13563 Field Office (see ADDRESSES) or by heavy construction businesses with less downloading from the Internet at Executive Order 12866 provides that than $27.5 million in annual business, http://www.regulations.gov. the Office of Information and Regulatory special trade contractors doing less than Affairs (OIRA) will review all significant $11.5 million in annual business, and Exclusions Based on National Security rules. The Office of Information and agricultural businesses with annual Impacts Regulatory Affairs has determined that sales less than $750,000. To determine Under section 4(b)(2) of the Act, we this rule is not significant. if potential economic impacts to these consider whether there are lands owned Executive Order 13563 reaffirms the small entities are significant, we or managed by the Department of principles of E.O. 12866 while calling consider the types of activities that Defense where a national security for improvements in the nation’s might trigger regulatory impacts under impact might exist. In preparing this regulatory system to promote this rule, as well as the types of project final rule, we have exempted from the predictability, to reduce uncertainty, modifications that may result. In designation of critical habitat those and to use the best, most innovative, general, the term ‘‘significant economic Department of Defense lands with and least burdensome tools for impact’’ is meant to apply to a typical completed INRMPs determined to achieving regulatory ends. The small business firm’s business provide a benefit to the Alabama executive order directs agencies to operations.

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To determine if the designation of (3) transportation and utilities; (4) economic analysis finds that none of critical habitat for the eight mussel residential and commercial these criteria are relevant to this species will affect a substantial number development; (5) timber management, analysis. Thus, based on information in of small entities, we consider the agriculture, and grazing; and (6) oil the economic analysis, energy-related number of small entities affected within wells/drilling. impacts associated with the 8 mussels particular types of economic activities According to the final economic conservation activities within critical (e.g., governments (counties), analysis, impacts on small entities due habitat are not expected. As such, the development, and dredging). We apply to this rule are expected to be modest designation of critical habitat is not the ‘‘substantial number’’ test because the incremental costs of the rule expected to significantly affect energy individually to each industry to are estimated to be administrative in supplies, distribution, or use. Therefore, determine if certification is appropriate. nature. The final economic analysis this action is not a significant energy However, the SBREFA does not evaluated the incremental impacts of action, and no Statement of Energy explicitly define ‘‘substantial number’’ designating critical habitat for these Effects is required. or ‘‘significant economic impact.’’ eight mussels over the next 20 years Unfunded Mandates Reform Act Consequently, to assess whether a (2012–2031), which was determined to ‘‘substantial number’’ of small entities is be the appropriate period for analysis In accordance with the Unfunded affected by this designation, this because limited planning information is Mandates Reform Act (2 U.S.C. 1501 et analysis considers the relative number available for most activities to forecast seq.), we make the following findings: of small entities likely to be impacted in activity levels for projects beyond a 20- (1) This rule will not produce a an area. In some circumstances, year timeframe. This analysis estimates Federal mandate. In general, a Federal especially with critical habitat that 7 small governments, 20 small mandate is a provision in legislation, designations of limited extent, we may development-related entitities, and 4 statute, or regulation that would impose aggregate across all industries and small dredging-related entities are likely an enforceable duty upon State, local, or consider whether the total number of to incur administrative costs as third tribal governments, or the private sector, small entities affected is substantial. In parties associated with section 7 and includes both ‘‘Federal estimating the number of small entities consultation. Applying a 7 percent intergovernmental mandates’’ and potentially affected, we also consider discount rate, incremental impacts ‘‘Federal private sector mandates.’’ whether their activities have any associated with the designation are These terms are defined in 2 U.S.C. Federal involvement. estimated to represent less than 1 658(5)–(7). ‘‘Federal intergovernmental Designation of critical habitat only percent of the annual revenues each mandate’’ includes a regulation that affects activities authorized, funded, or small entity. ‘‘would impose an enforceable duty carried out by Federal agencies. Some In summary, we considered whether upon State, local, or tribal governments’’ kinds of activities are unlikely to have this designation would result in a with two exceptions. It excludes ‘‘a any Federal involvement and so will not significant economic effect on a condition of Federal assistance.’’ It also be affected by critical habitat substantial number of small entities. excludes ‘‘a duty arising from designation. In areas where the species Based on the above reasoning and participation in a voluntary Federal is present, Federal agencies already are currently available information, we program,’’ unless the regulation ‘‘relates required to consult with us under concluded that this rule will not result to a then-existing Federal program section 7 of the Act on activities they in a significant economic impact on a under which $500,000,000 or more is authorize, fund, or carry out that may substantial number of small entities. provided annually to State, local, and affect the Alabama pearlshell, round Therefore, we are certifying that the tribal governments under entitlement ebonyshell, southern kidneyshell, designation of critical habitat for the authority,’’ if the provision would Choctaw bean, tapered pigtoe, narrow Alabama pearlshell, round ebonyshell, ‘‘increase the stringency of conditions of pigtoe, southern sandshell, or fuzzy southern kidneyshell, Choctaw bean, assistance’’ or ‘‘place caps upon, or pigtoe. Federal agencies also must tapered pigtoe, narrow pigtoe, southern otherwise decrease, the Federal consult with us if their activities may sandshell, and fuzzy pigtoe will not Government’s responsibility to provide affect critical habitat. Designation of have a significant economic impact on funding,’’ and the State, local, or tribal critical habitat, therefore, could result in a substantial number of small entities, governments ‘‘lack authority’’ to adjust an additional economic impact on small and a regulatory flexibility analysis is accordingly. At the time of enactment, entities due to the requirement to not required. these entitlement programs were: Medicaid; Aid to Families with reinitiate consultation for ongoing Energy Supply, Distribution, or Use— Federal activities (see Application of the Dependent Children work programs; Executive Order 13211 ‘‘Adverse Modification’’ Standard Child Nutrition; Food Stamps; Social section). On May 18, 2001, the President issued Services Block Grants; Vocational In our final economic analysis of the Executive Order 13211 (E.O. 13211; Rehabilitation State Grants; Foster Care, critical habitat designation, we ‘‘Actions Concerning Regulations That Adoption Assistance, and Independent evaluated the potential economic effects Significantly Affect Energy Supply, Living; Family Support Welfare on small entities resulting from Distribution, or Use’’) on regulations Services; and Child Support conservation actions related to the that significantly affect energy supply, Enforcement. ‘‘Federal private sector listing of the eight mussels and the distribution, and use. E.O. 13211 mandate’’ includes a regulation that designation of critical habitat. The requires agencies to prepare Statements ‘‘would impose an enforceable duty analysis is based on the estimated of Energy Effects when undertaking upon the private sector, except (i) a impacts associated with the rulemaking certain actions. OMB has provided condition of Federal assistance or (ii) a as described in Chapters 2 through 4 guidance for implementing this duty arising from participation in a and Appendix A of the analysis and Executive Order that outlines nine voluntary Federal program.’’ evaluates the potential for economic outcomes that may constitute ‘‘a The designation of critical habitat impacts related to: (1) Impoundments, significant adverse effect’’ when does not impose a legally binding duty dams, and diversions; (2) dredging, compared to not taking the regulatory on non-Federal Government entities or channelization, and in-stream mining; action under consideration. The private parties. Under the Act, the only

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regulatory effect is that Federal agencies critical habitat rests squarely on the Where State and local governments must ensure that their actions do not Federal agency. require approval or authorization from a destroy or adversely modify critical The majority of the designation occurs Federal agency for actions that may habitat under section 7. While non- in navigable waterways whose stream affect critical habitat, consultation Federal entities that receive Federal bottoms are owned by the States of under section 7(a)(2) will be required. funding, assistance, or permits, or that Alabama and Florida. Impacts of this While non-Federal entities that receive otherwise require approval or designation could occur on non-Federal Federal funding, assistance, or permits, authorization from a Federal agency for riparian lands adjacent to the designated or that otherwise require approval or an action, may be indirectly impacted streams where there is Federal authorization from a Federal agency for by the designation of critical habitat, the involvement (e.g., Federal funding or an action, may be indirectly impacted legally binding duty to avoid permitting) subject to section 7 of the by the designation of critical habitat, the destruction or adverse modification of Act, or where a decision on a proposed legally binding duty to avoid critical habitat rests squarely on the action on federally owned land could destruction or adverse modification of Federal agency. Furthermore, to the affect economic activity on adjoining critical habitat rests squarely on the extent that non-Federal entities are non-Federal land. However, in general, Federal agency. indirectly impacted because they we believe that the takings implications Civil Justice Reform receive Federal assistance or participate associated with this critical habitat In accordance with Executive Order in a voluntary Federal aid program, the designation will be insignificant. The 12988 (Civil Justice Reform), the Office Unfunded Mandates Reform Act would takings implications assessment of the Solicitor has determined that the not apply, nor would critical habitat concludes that this designation of rule does not unduly burden the judicial shift the costs of the large entitlement critical habitat for these eight mussels system and that it meets the applicable programs listed above onto State does not pose significant takings standards set forth in sections 3(a) and governments. implications for lands within or affected 3(b)(2) of the Order. We are designating (2) We do not believe that this rule by the designation. will significantly or uniquely affect critical habitat in accordance with the small governments because it would not Federalism—Executive Order 13132 provisions of the Act. This final rule produce a Federal mandate of $100 uses standard property descriptions and In accordance with Executive Order million or greater in any year; that is, it identifies the elements of physical or 13132 (Federalism), this rule does not is not a ‘‘significant regulatory action’’ biological features essential to the have significant Federalism effects. A under the Unfunded Mandates Reform conservation of the Alabama pearlshell, federalism impact summary statement is Act. Small governments will be affected round ebonyshell, southern kidneyshell, not required. In keeping with only to the extent that any programs Choctaw bean, tapered pigtoe, narrow Department of the Interior and having Federal funds, permits, or other pigtoe, southern sandshell, and fuzzy Department of Commerce policy, we authorized activities must ensure that pigtoe within the designated areas to requested information from, and their actions will not adversely affect assist the public in understanding the coordinated development of, this the critical habitat. The final economic habitat needs of these species. analysis concludes incremental impacts critical habitat designation with may occur due to administrative costs of appropriate State resource agencies in Paperwork Reduction Act of 1995 section 7 consultations for activities Alabama and Florida. We received This rule does not contain any new related to impoundments and dams, comments from Florida Fish and collections of information that require development, and dredging projects; Wildlife Conservation Commission and approval by OMB under the Paperwork however, these are not expected to have addressed them in the Summary of Reduction Act of 1995 (44 U.S.C. 3501 significantly affect small government Comments and Recommendations et seq.). This rule will not impose entities. Consequently, a Small section of this rule. The designation of recordkeeping or reporting requirements Government Agency Plan is not critical habitat in areas currently on State or local governments, required. occupied by the Alabama pearlshell, individuals, businesses, or round ebonyshell, southern kidneyshell, organizations. An agency may not Takings—Executive Order 12630 Choctaw bean, tapered pigtoe, narrow conduct or sponsor, and a person is not In accordance with Executive Order pigtoe, southern sandshell, and fuzzy required to respond to, a collection of 12630 (Government Actions and pigtoe imposes no additional information unless it displays a Interference with Constitutionally restrictions to those currently in place currently valid OMB control number. Protected Private Property Rights), we and, therefore, has little incremental have analyzed the potential takings impact on State and local governments National Environmental Policy Act implications of designating critical and their activities. The designation (NEPA) habitat for the Alabama pearlshell, may have some benefit to these We have determined that round ebonyshell, southern kidneyshell, governments in that the areas that environmental assessments and Choctaw bean, tapered pigtoe, narrow contain the physical or biological environmental impact statements, as pigtoe, southern sandshell, and fuzzy features essential to the conservation of defined under the authority of the pigtoe in a takings implications the species are more clearly defined, National Environmental Policy Act assessment. As discussed above, the and the elements of the features of the (NEPA; 42 U.S.C. 4321 et seq.), need not designation of critical habitat affects habitat necessary to the conservation of be prepared in connection with listing only Federal actions. Although private the species are specifically identified. a species as an endangered or parties that receive Federal funding, This information does not alter where threatened species under the Act. We assistance, or require approval or and what federally sponsored activities published a notice outlining our reasons authorization from a Federal agency for may occur. However, it may assist local for this determination in the Federal an action may be indirectly impacted by governments in long-range planning Register on October 25, 1983 (48 FR the designation of critical habitat, the (rather than having them wait for case- 49244). legally binding duty to avoid by-case section 7 consultations to It is our position that, outside the destruction or adverse modification of occur). jurisdiction of the U.S. Court of Appeals

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for the Tenth Circuit, we do not need to Rights, Federal-Tribal Trust Authors prepare environmental analyses Responsibilities, and the Endangered The primary authors of this package pursuant to the National Environmental Species Act), we readily acknowledge are the staff members of the Panama Policy Act (NEPA; 42 U.S.C. 4321 et our responsibilities to work directly City Field Office. seq.) in connection with designating with tribes in developing programs for critical habitat under the Act. We healthy ecosystems, to acknowledge that List of Subjects in 50 CFR Part 17 published a notice outlining our reasons tribal lands are not subject to the same Endangered and threatened species, for this determination in the Federal controls as Federal public lands, to Exports, Imports, Reporting and Register on October 25, 1983 (48 FR remain sensitive to Indian culture, and recordkeeping requirements, 49244). This position was upheld by the to make information available to tribes. Transportation. U.S. Court of Appeals for the Ninth Circuit (Douglas County v. Babbitt, 48 We determined that there are no PART 17—[AMENDED] F.3d 1495 (9th Cir. 1995), cert. denied Tribal lands occupied at the time of 516 U.S. 1042 (1996)). listing (2012) that contain the features ■ 1. The authority citation for part 17 essential for the conservation, and no continues to read as follows: Government-to-Government unoccupied Tribal lands that are Relationship With Tribes Authority: 16 U.S.C. 1361–1407; 16 U.S.C. essential for the conservation, of the 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– In accordance with the President’s Alabama pearlshell, round ebonyshell, 625, 100 Stat. 3500; unless otherwise noted. memorandum of April 29, 1994 southern kidneyshell, Choctaw bean, ■ 2. Amend § 17.11(h) by adding entries (Government-to-Government Relations tapered pigtoe, narrow pigtoe, southern for ‘‘Bean, Choctaw,’’ ‘‘Ebonyshell, with Native American Tribal sandshell, and fuzzy pigtoe. Therefore, round,’’ ‘‘Kidneyshell, southern,’’ Governments; 59 FR 22951), Executive none of the designated critical habitat ‘‘Pearlshell, Alabama’’, ‘‘Pigtoe, fuzzy’’, Order 13175 (Consultation and for these species is on Tribal lands. ‘‘Pigtoe, narrow’’, ‘‘Pigtoe, tapered’’, and Coordination With Indian Tribal References Cited ‘‘Sandshell, southern’’ in alphabetical Governments), and the Department of order under ‘‘CLAMS’’ to the List of the Interior’s manual at 512 DM 2, we A complete list of references cited is Endangered and Threatened Wildlife to readily acknowledge our responsibility available on the Internet at http:// read as follows: to communicate meaningfully with www.regulations.gov and upon request § 17.11 Endangered and threatened recognized Federal Tribes on a from the Panama City Field Office (see government-to-government basis. In wildlife. ADDRESSES). accordance with Secretarial Order 3206 * * * * * of June 5, 1997 (American Indian Tribal (h) * * *

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

******* CLAMS

******* Bean, Choctaw ...... Villosa choctawensis U.S.A. (AL, FL) ...... NA ...... E 808 17.95(f) NA

******* Ebonyshell, round ... Fusconaia rotulata .. U.S.A. (AL, FL) ...... NA ...... E 808 17.95(f) NA

******* Kidneyshell, south- Ptychobranchus U.S.A. (AL, FL) ...... NA ...... E 808 17.95(f) NA ern. jonesi.

******* Pearlshell, Alabama Margaritifera U.S.A. (AL) ...... NA ...... E 808 17.95(f) NA marrianae.

******* Pigtoe, fuzzy ...... Pleurobema U.S.A. (AL, FL) ...... NA ...... T 808 17.95(f) NA strodeanum.

******* Pigtoe, narrow ...... Fusconaia escambia U.S.A. (AL, FL) ...... NA ...... T 808 17.95(f) NA

******* Pigtoe, tapered ...... Fusconaia burkei ..... U.S.A. (AL, FL) ...... NA ...... T 808 17.95(f) NA

******* Sandshell, southern Hamiota australis .... U.S.A. (AL, FL) ...... NA ...... T 808 17.95(f) NA

*******

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■ 3. In § 17.95, amend paragraph (f) by (ii) Stable substrates of sand or river reach (route) files were used to adding an entry for eight mussel species mixtures of sand with clay or gravel calculate river kilometers and miles. in four northeastern Gulf of Mexico with low to moderate amounts of fine ESRIs ArcGIS 9.3.1 software was used to drainages, immediately before the entry sediment and attached filamentous determine longitude and latitude for ‘‘Georgia Pigtoe (Pleurobema algae. coordinates using decimal degrees. The hanleyianum)’’ to read as follows: (iii) A hydrologic flow regime projection used in mapping all units (magnitude, frequency, duration, and was Universal Transverse Mercator § 17.95 Critical habitat—fish and wildlife. seasonality of discharge over time) (UTM), NAD 83, Zone 16 North. The * * * * * necessary to maintain benthic habitats following data sources were referenced (f) Clams and Snails. where the species are found, and to to identify features (like roads and * * * * * maintain connectivity of rivers with the streams) used to delineate the upstream Eight mussel species in four northeast floodplain, allowing the exchange of and downstream extents of critical Gulf of Mexico drainages: the Choctaw nutrients and sediment for habitat habitat units: NHD data, Washington bean (Villosa choctawensis), round maintenance, food availability, and County USFWS National Wetlands ebonyshell (Fusconaia rotulata), spawning habitat for native fishes. Inventory, 1999 Florida Department of (iv) Water quality, including Transportation Roads Characteristics southern kidneyshell (Ptychobranchus ° jonesi), Alabama pearlshell temperature (not greater than 32 C), pH Inventory (RCI) dataset, U.S. Census (Margaritifera marrianae), fuzzy pigtoe (between 6.0 to 8.5), oxygen content (not Bureau 2000 TIGER line waterbody less than 5.0 milligrams per liter), (Pleurobema strodeanum), narrow data, ESRIs World Street Map Service, hardness, turbidity, and other chemical pigtoe (Fusconaia escambia), tapered Florida Department of Transportation characteristics necessary for normal pigtoe (Fusconaia burkei), and southern General Highway Maps, DeLorme Atlas behavior, growth, and viability of all life sandshell (Hamiota australis). and Gazetteers, and USGS 7.5 minute stages. (1) Critical habitat units are depicted topographic maps. The maps in this (v) The presence of fish hosts. Diverse entry, as modified by any accompanying for the following counties: assemblages of native fish species will (i) Alabama. Barbour, Bullock, Butler, regulatory text, establish the boundaries serve as a potential indication of host of the critical habitat designation. The Coffee, Conecuh, Covington, Crenshaw, fish presence until appropriate host Dale, Escambia, Geneva, Henry, coordinates or plot points or both on fishes can be identified. For the fuzzy which each map is based are available Houston, Monroe, and Pike Counties. pigtoe and tapered pigtoe, the presence (ii) Florida. Bay, Escambia, Holmes, to the public at the Service’s internet of blacktail shiner (Cyprinella venusta) site, http://www.fws.gov/PanamaCity, Jackson, Okaloosa, Santa Rosa, Walton, will serve as a potential indication of and Washington Counties. http://www.regulations.gov at Docket fish host presence. No. FWS–R4–ES–2011–0050, and at the (2) Within these areas, the primary (3) Critical habitat does not include field office responsible for this constituent elements of the physical or manmade structures (such as buildings, designation. You may obtain field office biological features essential to the aqueducts, runways, dams, roads, and location information by contacting one conservation of the Alabama pearlshell, other paved areas) and the land on of the Service regional offices, the round ebonyshell, southern kidneyshell, which they are located existing within addresses of which are listed at 50 CFR Choctaw bean, tapered pigtoe, narrow the legal boundaries on November 9, 2.2. pigtoe, southern sandshell, and fuzzy 2012, with the exception of the pigtoe consist of five components: impoundments created by Point A and (5) Index maps follow (Map 1 for the (i) Geomorphically stable stream and Gantt Lake dams (impounded water, not Alabama pearlshell, and Map 2 for the river channels and banks (channels that the actual dam structures). round ebonyshell, southern kidneyshell, maintain lateral dimensions, (4) Critical habitat map units. Data Choctaw bean, tapered pigtoe, narrow longitudinal profiles, and sinuosity layers defining map units were created pigtoe, southern sandshell, and fuzzy patterns over time without an aggrading with USGS National Hydrography pigtoe): or degrading bed elevation). Dataset (NHD) GIS data. The 1:100,000 BILLING CODE 4310–55–P

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(6) Unit AP1: Big Flat Creek Drainage, upstream 56 kilometers (km) (35 miles (11 mi), Monroe and Wilcox Counties, Monroe and Wilcox Counties, AL. This (mi)), Monroe County, AL; Flat Creek AL. unit is critical habitat for the Alabama from its confluence with Big Flat Creek (ii) Map of Unit AP1, Big Flat Creek pearlshell. upstream 20 km (12 mi), Monroe Drainage, and Unit AP2, Burnt Corn (i) The unit includes the mainstem of County, AL; and Dailey Creek from its Creek, Murder Creek, and Sepulga River Big Flat Creek from State Route 41 confluence Flat Creek upstream 17 km drainages, follows:

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BILLING CODE 4310–55–C upstream 12 km (7 mi), Conecuh one from its confluence with Sandy (7) Unit AP2: Burnt Corn Creek, County, AL; Otter Creek from its Creek upstream 8.5 km (5.0 mi) to just Murder Creek, and Sepulga River. confluence with Murder Creek, above Hagood Road, and the other from Drainages, Escambia and Conecuh upstream 9 km (5.5 mi), Conecuh it confluence with the previous Counties, AL. This unit is critical County, AL; Hunter Creek from its unnamed tributary upstream 2.5 km (1.5 habitat for the Alabama pearlshell. confluence with Murder Creek upstream mi) to just above Hagood Road; Little (i) The unit includes the mainstem of 4.4 km (2.7 mi) to the Navy Outlying Cedar Creek from County Road 6 Burnt Corn Creek from its confluence Field (NOLF) Evergreen northern upstream 8 km (5 mi), Conecuh County, with Murder Creek upstream 66 km (41 boundary, Conecuh County, AL; Hunter AL; Amos Mill Creek from its mi), Conecuh County, AL; the mainstem Creek from the NOLF Evergreen confluence with the Sepulga River of Murder Creek from its confluence southern boundary upstream 3.0 km (1.9 upstream 12 km (8 mi), Escambia and with Jordan Creek upstream 17 km (11 mi), Conecuh County, AL; Sandy Creek Conecuh Counties, AL; Polly Creek from mi) to the confluence of Otter Creek, from County Road 29 upstream 5 km its confluence with Amos Mill Creek Conecuh County, AL; Jordan Creek from (3.5 mi), Conecuh County, AL; two upstream 3 km (2 mi), Conecuh County, its confluence with Murder Creek unnamed tributaries to Sandy Creek— AL; and Bottle Creek from its

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confluence with the Sepulga River AL, upstream 62 km (38 mi) to the Road 42, Conecuh County, AL; upstream 5.5 km (3.5 mi) to County confluence of Cane Creek, Conecuh Persimmon Creek from its confluence Road 42, Conecuh County, AL. County, AL; Burnt Corn Creek from its with the Sepulga River, Conecuh (ii) Map of Unit AP1, Big Flat Creek confluence with Murder Creek, County, upstream 36 km (22 mi) to the Drainage, and Unit AP2, Burnt Corn Escambia County, AL, upstream 59 km confluence of Mashy Creek, Butler Creek, Murder Creek, and Sepulga River (37 mi) to County Road 20, Conecuh County, AL; Panther Creek from its Drainages is provided at paragraph County, AL; Jordan Creek from its confluence with Persimmon Creek (6)(ii) of this entry. confluence with Murder Creek, upstream 11 km (7 mi) to State Route (8) Unit GCM1: Lower Escambia River upstream 5.5 km (3.5 mi) to Interstate 106, Butler County, AL; Pigeon Creek Drainage in Escambia and Santa Rosa 65, Conecuh County, AL; Mill Creek from its confluence with the Sepulga counties, FL, and Escambia, Covington, from its confluence with Murder Creek River, Conecuh and Covington Counties, Conecuh, and Butler Counties, AL. This upstream 89 km (55 mi) to the unit is critical habitat for the round upstream 2.5 km (1.5 mi) to the confluence of Sandy Creek, Conecuh confluence of Three Run Creek, Butler ebonyshell, southern kidneyshell, County, AL; and Three Run Creek from Choctaw bean, narrow pigtoe, southern County, AL; Sandy Creek from its confluence with Mill Creek upstream its confluence with Pigeon Creek sandshell, and fuzzy pigtoe. upstream 9 km (5.5 mi) to the (i) The unit includes the Escambia- 5.5 km (3.5 mi) to County Road 29, confluence of Spring Creek, Butler Conecuh River mainstem from the Conecuh County, AL; Sepulga River County, AL. confluence of Spanish Mill Creek from its confluence with the Conecuh Escambia and Santa Rosa Counties, FL, River upstream 69 km (43 mi) to the (ii) Map of Unit GCM1, Lower upstream 204 km (127 mi) to the Point confluence of Persimmon Creek, Escambia River, follows (to preserve A Lake dam, Covington County, AL; Conecuh County, AL; Bottle Creek from detail, the map is divided into south Murder Creek from its confluence with its confluence with the Sepulga River and north sections): the Conecuh River, Escambia County, upstream 5.5 km (3.5 mi) to County BILLING CODE 4310–55–P

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(9) Unit GCM2: Point A Lake and (i) The unit extends from Point A (ii) Map of Unit GCM2, Point A Lake Gantt Lake Reservoirs in Covington Dam, Covington County, upstream 21 and Gantt Lake Reservoirs, follows: County, AL. This unit is critical habitat km (13 mi) to the Covington-Crenshaw for the narrow pigtoe. County line, AL.

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(10) Unit GCM3: Patsaliga Creek (i) The unit includes Patsaliga Creek Road, Crenshaw County, AL; and Drainage in Covington, Crenshaw, and from its confluence with Point A Lake Olustee Creek from its confluence with Pike Counties, AL. The Patsaliga Creek at County Road 59, Covington County, Patsaliga Creek upstream 12 km (8 mi) drainage is within the Escambia River AL, upstream 108 km (67 mi) to to County Road 5, Pike County, AL. basin. This unit is critical habitat for the Crenshaw County Road 66-Pike County (ii) Map of Unit GCM3, Patsaliga southern kidneyshell, Choctaw bean, Road 1, AL; Little Patsaliga Creek from Creek Drainage follows: narrow pigtoe, southern sandshell, and its confluence with Patsaliga Creek fuzzy pigtoe. upstream 28 km (17 mi) to Mary Daniel

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(11) Unit GCM4: Upper Escambia (i) The unit includes the Conecuh confluence of Mill Creek, Pike County, River Drainage in Covington, Crenshaw, River from its confluence with Gantt AL; and Mill Creek from its confluence Pike, and Bullock Counties, AL. This Lake reservoir at the Covington- with Beeman Creek, upstream 4.5 km (3 unit is critical habitat for the southern Crenshaw County line upstream 126 km mi) to County Road 13, Pike County, kidneyshell, Choctaw bean, narrow (78 mi) to County Road 8, Bullock AL. County, AL; Beeman Creek from its pigtoe, southern sandshell, and fuzzy (ii) Map of Unit GCM 4, Upper pigtoe. confluence with the Conecuh River upstream 6.5 km (4 mi) to the Escambia River Drainage, follows:

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(12) Unit GCM5: Yellow River km (0.6 mi), downstream of State Route upstream 24 km (15 mi) to the Drainage in Santa Rosa, Okaloosa, and 87), Santa Rosa County, FL, upstream confluence of Fleming Creek, Walton Walton Counties, FL, and Covington 157 km (97 mi) to County Road 42, County, FL; and Five Runs Creek from County, AL. This unit is critical habitat Covington County, AL; the Shoal River its confluence with the Yellow River for the Choctaw bean, narrow pigtoe, mainstem from its confluence with the upstream 15 km (9.5 mi) to County Road southern sandshell, and fuzzy pigtoe. Yellow River upstream 51 km (32 mi) to 31, Covington County, AL. (i) The unit includes the Yellow River the confluence of Mossy Head Branch, (ii) Map of Unit GCM5, Yellow River mainstem from the confluence of Walton County, FL; Pond Creek from its Weaver River (a distributary located 0.9 confluence with the Shoal River Drainage, follows:

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BILLING CODE 4310–55–C (i) The unit includes the channel forming Cowford Island from (13) Unit GCM6: Choctawhatchee Choctawhatchee River mainstem from its downstream confluence with the River and Lower Pea River Drainages in the confluence of Pine Log Creek, Choctawhatchee River upstream 3 km (2 Walton, Washington, Bay, Holmes, and Walton County, FL, upstream 200 km mi) to its upstream confluence with the Jackson Counties, FL, and Geneva, (125 mi) to the point the river splits into river, Washington County, FL; Crews Coffee, Dale, Houston, Henry, Pike, and the West Fork Choctawhatchee and East Lake from its western terminus 1.5 km Barbour Counties, AL. This unit is Fork Choctawhatchee rivers, Barbour (1 mi) to its eastern terminus, critical habitat for the southern County, AL; Pine Log Creek from its Washington County, FL (Crews Lake is kidneyshell, Choctaw bean, tapered confluence with the Choctawhatchee a relic channel southwest of Cowford pigtoe, southern sandshell, and fuzzy River, Walton County, upstream 19 km Island, and is disconnected from the pigtoe. (12 mi) to Ditch Branch, Washington Cowford Island channel, except during and Bay Counties, FL; an unnamed high flows); Holmes Creek from its

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confluence with the Choctawhatchee with the Pea River upstream 8.5 km (5 Choctawhatchee River, upstream 4.5 km River, Washington County, FL, mi) to Woods Road, Walton County, FL; (2.5 mi) to the confluence of Gilley Mill upstream 98 km (61 mi) to County Road Flat Creek from the Pea River upstream Branch, Houston County, AL; Bear 4, Geneva County, AL; Alligator Creek 17 km (10 mi) to the confluence of Creek from its confluence with the Little from its confluence with Holmes Creek Panther Creek, Geneva County, AL; Choctawhatchee River, upstream 5.5 km upstream 6.5 km (4 mi) to County Road Eightmile Creek from its confluence (3.5 mi) to County Road 40 (Fortner 166, Washington County, FL; Bruce with Flat Creek, Geneva County, AL, Street), Houston County, AL; West Fork Creek from its confluence with the upstream 15 km (9 mi) to the confluence Choctawhatchee River from its Choctawhatchee River upstream 25 km of Dry Branch (first tributary upstream confluence with the Choctawhatchee (16 mi) to the confluence of an unnamed of County Road 181), Walton County, River, Dale County, AL, upstream 54 km tributary, Walton County, FL; Sandy FL; Corner Creek from its confluence (33 mi) to the fork of Pauls Creek and Creek from its confluence with the with Eightmile Creek, upstream 5 km (3 Lindsey Creek, Barbour County, AL; Choctawhatchee River, upstream 30 km mi) to State Route 54, Geneva County, Judy Creek from its confluence with (18 mi) to the confluence of West Sandy AL; Natural Bridge Creek from its West Fork Choctawhatchee River Creek, Holmes and Walton Counties, FL; confluence with Eightmile Creek, upstream 17 km (11 mi) to County Road Blue Creek from its confluence with Geneva County, AL, upstream 4 km (2.5 13, Dale County, AL; Sikes Creek from Sandy Creek, upstream 7 km (4.5 mi) to mi) to the Covington-Geneva County its confluence with West Fork the confluence of Goose Branch, Holmes line, AL; Double Bridges Creek from its Choctawhatchee River Dale County, AL, County, FL; West Sandy Creek from its confluence with the Choctawhatchee upstream 8.5 km (5.5 mi) to State Route confluence with Sandy Creek, upstream River, Geneva County, AL, upstream 46 10, Barbour County, AL; Pauls Creek 5.5 km (3.5 mi) to the confluence of an km (29 mi) to the confluence of Blanket from its confluence with West Fork unnamed tributary, Walton County, FL; Creek, Coffee County, AL; Claybank Choctawhatchee River upstream 7 km Wrights Creek from its confluence with Creek from its confluence with the (4.5 mi) to one mile upstream of County the Choctawhatchee River, Holmes Choctawhatchee River, Geneva County, Road 20, Barbour County, AL; Lindsey County, FL, upstream 43 km (27 mi) to AL, upstream 22 km (14 mi) to the Fort Creek from its confluence with West County Road 4, Geneva County, AL; Rucker military reservation southern Fork Choctawhatchee River upstream 14 Tenmile Creek from its confluence with boundary, Dale County, AL; Claybank km (8.5 mi) to the confluence of an Wrights Creek upstream 6 km (3.5 mi) Creek from the Fort Rucker military unnamed tributary, Barbour County, AL; to the confluence of Rice Machine reservation northern boundary, Branch, Holmes County, FL; West upstream 6 km (4 mi) to County Road an unnamed tributary to Lindsey Creek Pittman Creek from its confluence with 36, Dale County, AL; Steep Head Creek from its confluence with Lindsey Creek the Choctawhatchee River, upstream 6.5 from the Fort Rucker military upstream 2.5 km (1.5 mi) to 1.0 mile km (4 mi) to Fowler Branch, Holmes reservation western boundary, upstream upstream of County Road 53, Barbour County, FL; East Pittman Creek from its 4 km (2.5 mi) to County Road 156, County, AL; and East Fork confluence with the Choctawhatchee Coffee County, AL; Hurricane Creek Choctawhatchee River from its River upstream 4.5 km (3 mi) to County from its confluence with the confluence with the Choctawhatchee Road 179, Holmes County, FL; Parrot Choctawhatchee River upstream 14 km River, Dale County, AL, upstream 71 km Creek from its confluence with the (8.5 mi) to State Route 52, Geneva (44 mi) to County Road 71, Barbour Choctawhatchee River upstream 6 km (4 County, AL; Little Choctawhatchee County, AL. mi) to Tommy Lane, Holmes County, River from its confluence with the (ii) Map of Unit GCM6, FL; the Pea River from its confluence Choctawhatchee River, Dale and Choctawhatchee River and Lower Pea with the Choctawhatchee River, Geneva Houston Counties, upstream 20 km (13 River Drainages, follows (to preserve County, AL, upstream 91 km (57 mi) to mi) to the confluence of Newton Creek, detail, the map is divided into south, the Elba Dam, Coffee County, AL; Houston County, AL; Panther Creek central, and north sections): Limestone Creek from its confluence from its confluence with Little BILLING CODE 4310–55–P

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(14) Unit GCM7: Upper Pea River State Route 239, Bullock and Barbour confluence of Smart Branch, Pike Drainage in Coffee, Dale, Pike, Barbour, Counties, AL; Whitewater Creek from its County, AL; Big Creek (Barbour County) and Bullock Counties, AL. The Pea confluence with the Pea River, Coffee from its confluence with the Pea River River drainage is within the County, upstream 45 km (28 mi) to the upstream 10 km (6 mi) to the confluence Choctawhatchee River Basin. This unit confluence of Walnut Creek, Pike of Sand Creek, Barbour County, AL; Pea is critical habitat for the southern County, AL; Walnut Creek from its Creek from its confluence with the Pea kidneyshell, Choctaw bean, tapered confluence with Whitewater Creek River upstream 6 km (4 mi) to the pigtoe, southern sandshell, and fuzzy upstream 14 km (9 mi) to County Road confluence of Hurricane Creek, Barbour pigtoe. 26, Pike County, AL; Big Creek (Coffee County, AL; and Big Sandy Creek from (i) The unit includes the Pea River County) from its confluence with its confluence with the Pea River mainstem from the Elba Dam, Coffee Whitewater Creek, Coffee County, upstream 6.5 km (4 mi) to County Road County, upstream 123 km (76 mi) to upstream 30 km (18 mi) to the 14, Bullock County, AL.

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(ii) Map of Unit GCM7, Upper Pea River Drainage, follows:

* * * * * Dated: September 20, 2012. Rachel Jacobson, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2012–24161 Filed 10–9–12; 8:45 am] BILLING CODE 4310–55–P

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