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Federal Register/Vol. 66, No. 27/Thursday, February 8, 2001/Proposed Rules

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Federal Register/Vol. 66, No. 27/Thursday, February 8, 2001/Proposed Rules 9540 Federal Register / Vol. 66, No. 27 / Thursday, February 8, 2001 / Proposed Rules impose a minimal burden on small regulatory effect of the critical habitat white to bluish-white, changing to a entities. designation does not extend beyond salmon, pinkish, or brownish color in those activities funded, permitted, or the central and beak cavity portions of E. Federal Rules That May Duplicate, carried out by Federal agencies. State or the shell; some specimens may be Overlap, or Conflict With the Proposed private actions, with no Federal marked with irregular brownish Rules involvement, are not affected. blotches (adapted from Clarke 1981). 37. None. Section 4 of the Act requires us to Clarke (1981) contains a detailed consider the economic and other description of the species’ shell, with Ordering Clauses relevant impacts of specifying any illustrations; Ortmann (1921) discussed 38. Pursuant to Sections 1, 3, 4, 201– particular area as critical habitat. We soft parts. 205, 251 of the Communications Act of solicit data and comments from the Distribution, Habitat, and Life History 1934, as amended, 47 U.S.C. 151, 153, public on all aspects of this proposal, 154, 201–205, and 251, this Second including data on the economic and The Appalachian elktoe is known Further Notice of Proposed Rulemaking other impacts of the designation. We only from the mountain streams of is hereby Adopted. may revise this proposal to incorporate western North Carolina and eastern 39. The Commission’s Consumer or address comments and other Tennessee. Although the complete Information Bureau, Reference information received during the historical range of the Appalachian Information Center, Shall Send a copy comment period. elktoe is unknown, available information suggests that the species of this Second Report and Order and DATES: We will consider comments once lived in the majority of the rivers Second Further Notice of Proposed received by April 9, 2001. Requests for and larger creeks of the upper Rulemaking, including the Initial and public hearings must be received, in Tennessee River system in North Final Regulatory Flexibility Analyses, to writing, at the address shown in the Carolina. In Tennessee, the species is the Chief Counsel for Advocacy of Small ADDRESSES section by March 26, 2001. Business Administration. known only from its present range in ADDRESSES: If you wish to comment, the main stem of the Nolichucky River. List of Subjects you may submit your comments by any Currently, the Appalachian elktoe has Communications common carriers, one of several methods: a very fragmented, relict distribution. 1. You may submit written comments Telecommunications, Telephone. The species still survives in scattered and information to the State Supervisor, pockets of suitable habitat in portions of Federal Communications Commission. Asheville Field Office, U.S. Fish and the Little Tennessee River system, Magalie Roman Salas, Wildlife Service, 160 Zillicoa Street, Pigeon River system, the Little River in Secretary. Asheville, North Carolina 28801. North Carolina, and the Nolichucky [FR Doc. 01–3173 Filed 2–7–01; 8:45 am] 2. You may hand-deliver written River system in North Carolina and BILLING CODE 6712–01–P comments to our Asheville Field Office, Tennessee. In the Little Tennessee River at the above address, or fax your system in North Carolina, populations comments to 828/258–5330. survive in the reach of the main stem of DEPARTMENT OF THE INTERIOR 3. You may send comments by the Little Tennessee River, between the electronic mail (e-mail) to city of Franklin and Fontana Reservoir, _ Fish and Wildlife Service john [email protected]. For directions on in Swain and Macon Counties (Service how to submit electronic filing of 1994, 1996; McGrath 1999; J.A. Fridell, 50 CFR Part 17 comments, see the ‘‘Public Comments pers. observation 2000), and in scattered Solicited’’ section. reaches of the main stem of the RIN 1018–AH33 Comments and materials received, as Tuckasegee River in Jackson and Swain well as supporting documentation used Counties (M. Cantrell, Service, pers. Endangered and Threatened Wildlife in the preparation of this proposed rule, and Plants; Proposed Designation of comm. 1996; J.A. Fridell, pers. will be available for public inspection, observation 1996, 1997; McGrath 1998), Critical Habitat for the Appalachian by appointment, during normal business Elktoe from below the town of Cullowhee hours at the above address. downstream to Bryson City. A single AGENCY: Fish and Wildlife Service, FOR FURTHER INFORMATION CONTACT: John live individual and one shell have also Interior. A. Fridell, Fish and Wildlife Biologist, been recently recorded from the Cheoah ACTION: Proposed rule. (828)258–3939. River, below Santeetlah Lake, in SUPPLEMENTARY INFORMATION: Graham County (W. Pennington, SUMMARY: We, the Fish and Wildlife Pennington and Associates, Inc., Service (Service), propose to designate Background Knoxville, Tennessee, pers. comm. critical habitat for the Appalachian The Appalachian elktoe (Alasmidonta 2000). elktoe (Alasmidonta raveneliana) under raveneliana) is a freshwater mussel that In the Pigeon River system in North the Endangered Species Act of 1973, as has a thin, kidney-shaped shell, Carolina, a small population of the amended (Act). The areas proposed for reaching up to about 10 centimeters (4 Appalachian elktoe occurs in small critical habitat designation include inches) (J.A. Fridell, pers. observation scattered sites in the West Fork Pigeon approximately 231.1 kilometers (km) 1999). Juveniles generally have a River and in the main stem of the (144.3 river miles [rm]) of various yellowish-brown periostracum (outer Pigeon River, above Canton, in segments of rivers in Tennessee and shell surface), while the periostracum of Haywood County (J.A. Fridell, pers. North Carolina. the adults is usually dark brown to observation 1999; McGrath 1998). The If this proposal is made final, section greenish-black in color. Although rays Little River (upper French Broad River 7(a)(2) of the Act requires that Federal are prominent on some shells, system) population of the species, in agencies ensure that actions they fund, particularly in the posterior portion of Transylvania County, North Carolina permit, or carry out are not likely to the shell, many individuals have only (J.A. Fridell, pers. observation 2000; C. result in the destruction or adverse obscure greenish rays. The shell nacre McGrath, North Carolina Wildlife modification of critical habitat. The (inside shell surface) is shiny, often Resources Commission (NCWRC), pers. VerDate 11<MAY>2000 16:54 Feb 07, 2001 Jkt 194001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\08FEP1.SGM pfrm04 PsN: 08FEP1 Federal Register / Vol. 66, No. 27 / Thursday, February 8, 2001 / Proposed Rules 9541 comm. 2000), is restricted to small scoured out of upstream areas during pollutants from poorly implemented scattered pockets of suitable habitat periods of heavy rain, and have not been land-use activities (Service 1994, 1996). downstream of Cascade Lake. found on subsequent surveys (C. Freshwater mussels, especially in In the Nolichucky River system, the McGrath, pers. comm. 1996; J.A. Fridell, their early life stages, are extremely Appalachian elktoe survives in a few pers. observation 1995, 1996, 1999). sensitive to many pollutants (chlorine, scattered areas of suitable habitat in the Like other freshwater mussels, the ammonia, heavy metals, high Toe River, Yancey and Mitchell Appalachian elktoe feeds by filtering concentrations of nutrients, etc.) Counties, North Carolina (Service 1994, food particles from the water column. commonly found in municipal and 1996; McGrath 1996, 1999); Cane River, The specific food habits of the species industrial wastewater effluents (Havlik Yancey County, North Carolina (Service are unknown, but other freshwater and Marking 1987, Goudreau et al. 1994, 1996; McGrath 1997); and the mussels have been documented to feed 1988, Keller and Zam 1991). In the early main stem of the Nolichucky River, on detritus, diatoms, phytoplankton, 1900s, Ortmann (1909) noted that the Yancey and Mitchell Counties, North and zooplankton (Churchill and Lewis disappearance of mussels is one of the Carolina, extending downstream to the 1924). The reproductive cycle of the first and most reliable indicators of vicinity of Erwin in Unicoi County, Appalachian elktoe is similar to that of stream pollution. Tennessee (Service 1994, 1996). Two other native freshwater mussels. Males Activities such as impoundments, individuals have also recently been release sperm into the water column; channelization projects, and in-stream found in the North Toe River, Yancey the sperm are then taken in by the dredging operations eliminate mussel and Mitchell Counties, North Carolina, females through their siphons during habitat. These activities can also alter below the confluence of Crabtree Creek feeding and respiration. The females the quality and stability of the (McGrath 1999), and 15 live individuals, retain the fertilized eggs in their gills remaining stream reaches by affecting with no more than 2 to 3 at each site until the larvae (glochidia) fully the flow regimes, water velocities, and (J.A. Fridell, pers. observation 1998, develop. The mussel glochidia are water temperature and chemistry. 2000) and one shell (S. Fraley, released into the water, and within a Agriculture (both crop and livestock) Tennessee Valley Authority, Norris, few days they must attach to the and forestry operations, mining Tennessee,
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