Tuesday, June 13, 2006

Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Establishment of Nonessential Experimental Population Status for 15 Freshwater Mussels, 1 Freshwater Snail, and 5 Fishes in the Lower French Broad River and in the Lower Holston River, ; Proposed Rule

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DEPARTMENT OF THE INTERIOR section 10(j) of the Act and would be appointment, during normal business classified as a nonessential hours at our Tennessee Field Office at Fish and Wildlife Service experimental population (NEP). the above address. If you wish to request The geographic boundaries of the a public hearing, you may mail or hand 50 CFR Part 17 proposed NEP would extend from the deliver your written request to the RIN 1018–AU01 base of Douglas Dam (river mile (RM) Tennessee Field Office at the above 32.3 (51.7 kilometers (km)) down the address. Endangered and Threatened Wildlife French Broad River, Knox and Sevier FOR FURTHER INFORMATION CONTACT: and Plants; Establishment of Counties, Tennessee, to its confluence Timothy Merritt, U.S. Fish and Wildlife Nonessential Experimental Population with the Holston River and then up the Service at the above address (telephone Status for 15 Freshwater Mussels, 1 Holston River, Knox, Grainger, and 931/528–6481, facsimile 931/528–7075). Freshwater Snail, and 5 Fishes in the Jefferson Counties, Tennessee, to the SUPPLEMENTARY INFORMATION: Lower French Broad River and in the base of Cherokee Dam (RM 52.3 (83.7 Lower Holston River, Tennessee km)) and would include the lower 5 RM Background (8 km) of all tributaries that enter these AGENCY: 1. Legislative: Under section 10(j) of Fish and Wildlife, Interior. river reaches. ACTION: Proposed rule. the Act, the Secretary of the Department These proposed reintroductions are of the Interior may designate SUMMARY: We, the U.S. Fish and recovery actions and are part of a series reintroduced populations established Wildlife Service (Service), in of reintroductions and other recovery outside the ’ current range, but cooperation with the State of Tennessee actions that the Service, Federal and within its historical range, as and Conservation Fisheries, Inc., a State agencies, and other partners are ‘‘experimental.’’ Based on the best nonprofit organization, propose to conducting throughout the species’ scientific and commercial data reintroduce 15 mussels listed as historical ranges. This proposed rule available, we must determine whether endangered under section 4 of the provides a plan for establishing the NEP experimental populations are Act of 1973, as and provides for limited allowable legal ‘‘essential’’ or ‘‘nonessential’’ to the amended (Act): Appalachian take of these 16 mollusks and 5 fishes continued existence of the species. monkeyface (pearlymussel) (Quadrula within the defined NEP area. We have Regulatory restrictions are considerably sparsa), birdwing pearlymussel decided to include all 21 species in a reduced under a nonessential (Conradilla caelata = Lemiox rimosus), single rulemaking to allow us to restore experimental population (NEP) cracking pearlymussel (Hemistena or the aquatic ecosystem as quickly as designation. currently =Lastena lata), Cumberland possible as we bring each of these Without the NEP designation, the Act bean (pearlymussel) (Villosa trabalis), species on line in the propagation provides that species listed as Cumberlandian combshell (Epioblasma facilities. We have reasons to believe all endangered or threatened are afforded brevidens), Cumberland monkeyface of these species co-existed in the past, protection primarily through the (pearlymussel) (Quadrula intermedia), and also want the public to understand prohibitions of section 9, the dromedary pearlymussel (Dromus that all of these species will be consultation requirements of section 7 dromas), fanshell (Cyprogenia stegaria), reintroduced into the same stretch of and the special regulations provisions of fine-rayed pigtoe (Fusconaia cuneolus), river rather than being confused by 21 section 4(d). Section 9(a)(1)(B) of the orangefoot pimpleback (pearlymussel) separate NEPs. Act prohibits the take of endangered ( cooperianus), oyster DATES: We will consider comments on wildlife. ‘‘Take’’ is defined by the Act as mussel (Epioblasma capsaeformis), ring this proposed rule that are received by ‘‘harass, harm, pursue, hunt, shoot, pink (mussel) ( retusa), rough August 14, 2006. Requests for a public wound, trap, capture, or collect, or pigtoe (Pleurobema plenum), shiny hearing must be made in writing and attempt to engage in any such conduct.’’ pigtoe (Fusconaia cor), and white received by July 28, 2006. Service regulations (50 CFR 17.31) wartyback (pearlymussel) (Plethobasus ADDRESSES: You may submit comments generally extend the prohibitions of take cicatricosus); 1 endangered aquatic and other information, identified by to threatened wildlife but these general snail: Anthony’s riversnail (Athearnia Regulatory Information Number (RIN) provisions may be altered as deemed by anthonyi); 2 endangered fishes: 1018–AU01, by any of the following the Secretary to be necessary and duskytail darter (Etheostoma methods: advisable for the conservation of percnurum) and pygmy madtom • Mail or Hand Delivery: Field threatened species. Section 7 of the Act (Noturus stanauli); and 3 fishes listed as Supervisor, U.S. Fish and Wildlife outlines the procedures for Federal threatened under section 4 of the Act: Service, Tennessee Field Office, 446 interagency cooperation to conserve slender chub (Erimystax cahni), spotfin Neal Street, Cookeville, Tennessee, federally listed species and protect chub (=turquoise shiner) (Erimonax 38501. designated critical habitat. It mandates monachus), and yellowfin madtom • Fax: 931–528–7075. that all Federal agencies use their (Noturus flavipinnis) into their • E-mail: [email protected]. existing authorities to further the historical habitat in the free-flowing Include ‘‘Attn: French Broad/Holston purposes of the Act by carrying out reach of the French Broad River below Rivers NEP’’ in the subject line of the programs for the conservation of listed Douglas Dam to its confluence with the message. species. It also states that Federal Holston River, Knox County, Tennessee, • Federal eRulemaking Portal: http:// agencies must, in consultation with the and in the free-flowing reach of the www.regulations.gov. Follow the Service, ensure that any action they Holston River below Cherokee Dam to instructions for submitting comments. authorize, fund, or carry out is not likely its confluence with the French Broad Please see the ‘‘Public Comments to jeopardize the continued existence of River. Based on the evaluation of Solicited’’ section below for information a listed species or result in the species experts, none of these 21 species about submitting comments. destruction or adverse modification of currently exist in these river reaches or The comments and materials we designated critical habitat. Section 7 of their tributaries. These species are being receive during the comment period will the Act does not affect activities reintroduced under the authority of be available for public inspection, by undertaken on private land unless they

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are authorized, funded, or carried out by Although much of the mussel fauna quality is sufficient to ensure future a Federal agency. and some of the snail and fish fauna success similar to the Abrams Creek A population designated as were eliminated from these river reintroductions. CFI has also experimental is treated for the purposes reaches, considerable suitable physical successfully placed yellowfin madtoms of section 9 of the Act as threatened, habitat remains, and various Federal in an existing NEP on the North Fork regardless of the species’ designation (primarily the Tennessee Valley Holston River, Washington County, elsewhere in its range. Threatened Authority (TVA)) and State natural Virginia. This site is separated from the designation allows us greater discretion resources agencies, industries, and proposed NEP on the lower Holston in devising management programs and municipalities have worked together to River by reservoirs, and the fish is not special regulations for such a improve the water quality below the known from any of these reservoirs or population. Section 4(d) of the Act dams. Fish populations are rebounding intervening river sections. These allows us to adopt whatever regulations (including the appropriate fish host reservoirs and river sections act as are necessary to provide for the species for mussel glochidia) and snail barriers to movement by the fish and conservation of a threatened species. populations are expanding in both assure that the North Fork Holston River Although a special 4(d) rule can contain rivers, and non-federally listed mussels population will remain geographically the prohibitions and exceptions and snails released into the lower isolated and easily identifiable as a necessary and appropriate to conserve French Broad River to test the area’s distinct population from the proposed that species, regulations issued under suitability for mollusk transplants are Lower Holston River population. section 4(d) for NEPs are usually less doing well. Based on the results of 3. Listing Information, Distribution, restrictive with regard to human recent studies and observations by and Recovery Goals/Objectives: The activities in the reintroduction area. knowledgeable scientists (P. Rakes and Appalachian monkeyface For the purposes of section 7 of the J. Shute, Conservation Fisheries, Inc. (pearlymussel) (Quadrula sparsa) (Lea Act, we treat an NEP as a threatened (CFI), pers. comm. 2004; Ed Scott and 1841) was listed as an endangered species when the NEP is located within Charlie Saylor, TVA, pers. comm. 2004; species on June 14, 1976 (41 FR 24062). We finalized a recovery plan for the a National Wildlife Refuge or National James Layzer and Steve Ahlstedt, USGS, species in July 1984 (Service 1984a). It Park, and section 7(a)(1) and the pers. comm. 2004), these river reaches historically occurred in the Tennessee consultation requirements of section now provide suitable habitat for River and three of its tributaries: the 7(a)(2) of the Act apply. When NEPs are reintroductions to occur. Clinch, Holston, and Powell Rivers located outside a National Wildlife Since the mid-1980s, CFI, a nonprofit (Service 1984a). We are unaware of Refuge or National Park, we treat the organization, with support from us, the historical records of the species in the population as proposed for listing and Tennessee Wildlife Resources Agency French Broad River, but archeological only the conference provisions of (TWRA), U.S. Forest Service, National records (Parmalee and Bogan 1998) of section 7(a)(4) apply. Section 7(a)(4) Park Service, TVA, and Tennessee this species exist from the Little Pigeon requires Federal agencies to confer Aquarium, has successfully River (a lower French Broad River (rather than consult) with the Service on translocated, propagated, and tributary). The species may still survive actions that are likely to jeopardize the reintroduced spotfin chubs, duskytail in extremely low numbers in the Powell continued existence of a species darters, yellowfin madtoms, and smoky River in Tennessee and the Clinch River proposed to be listed. The results of a madtoms into Abrams Creek, Great in Virginia (Parmalee and Bogan 1998). conference are advisory in nature and Smoky Mountains National Park, Blount No downlisting (reclassification from do not restrict agencies from County, Tennessee. These fish endangered to threatened) criteria are authorizing, funding, or carrying out historically occupied Abrams Creek provided in the recovery plan. The activities. prior to an ichthyocide treatment in the delisting objectives for the Appalachian 2. Biological Information: The lower 1950s. An NEP designation for Abrams monkeyface (Service 1984a) are to: (1) French Broad and Holston Rivers Creek was not needed since the entire Restore the viability of the Clinch and historically supported a diverse fish, watershed occurs on National Park Powell River populations; (2) reestablish snail, and mussel fauna, possibly as Service land; section 7 of the Act or discover viable populations in one many as 85 mussel species and applies regardless of the NEP additional river; (3) ensure that the subspecies, or about 65 percent of the designation, and existing human species is protected from present and mussel diversity once known from the activities and public use are consistent foreseeable threats to the continued entire system with protection and take restrictions existence of any population; and (4) (Parmalee and Bogan, 1998; Steve needed for the reintroduced determine that there are noticeable Ahlstedt, U.S. Geological Survey populations. Natural reproduction by all improvements in coal-related problems (USGS), personal communication (pers. four species in Abrams Creek has been and substrate quality in the Powell comm.) 2004). Of this once rich aquatic documented, but the spotfin chub River and that no increase in coal- fauna, 7 mussel species are extinct, and appears to be the least successful in this related sedimentation has occurred in 21 federally listed species (i.e, the 15 capacity (Rakes and Shute 2004a, the Clinch River. mussels, 1 aquatic snail, and 5 fishes 2004b). We have also worked with CFI The birdwing pearlymussel listed above in the SUMMARY section) are to translocate, propagate, and (Conradilla caelata = Lemiox rimosus) extirpated from these river reaches. The reintroduce these same four fish into an (Conrad 1834) was listed as an only federally listed mussel still NEP established for a section of the endangered species on June 14, 1976 (41 occurring in the proposed NEP area is Tellico River, Monroe County, FR 24062). We finalized a recovery plan the endangered pink mucket (Lampsilis Tennessee (67 FR 52420, August 12, for the species in July 1984 (Service abrupta), which still occurs in both the 2002). Propagated fish of these four 1984b). We also established an NEP for lower French Broad and lower Holston species were released into the Tellico the birdwing pearlymussel and 15 other Rivers (Steve Ahlstedt, pers. comm. River starting in 2003 and continuing in federally listed mussels for a section of 2004). The pink mucket is not one of the 2004. It is still too early to determine the the Tennessee River below the Wilson 15 mussel species we are proposing to success of these releases, but it is Dam in Colbert and Lauderdale reintroduce under this NEP. believed that the habitat and water Counties, , on June 14, 2001 (66

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FR 32250). Historical records exist for 1991a). The downlisting objectives for finalized a recovery plan for the species the species in 11 rivers in the Tennessee the cracking pearlymussel (Service in May 2004 (Service 2004). We also River system, and one record exists from 1991a) are to: (1) Reestablish/discover established an NEP for the an unknown location in the Cumberland five viable populations; (2) ensure that Cumberlandian combshell and 15 other River. Historically, the species occurred one naturally produced year class exists federally listed mussels for a section of in the Tennessee River near the within each population; (3) determine if the Tennessee River below the Wilson confluence of the French Broad and recovery actions have been successful, Dam in Colbert and Lauderdale Holston Rivers, in the Holston River just as determined by an increase in Counties, Alabama, on June 14, 2001 (66 upstream of its confluence with the population density and/or an increase FR 32250). This mussel was historically French Broad River, and in the in length of river inhabited; and (4) distributed throughout much of the Nolichucky River (a French Broad River ensure there are no foreseeable threats Cumberlandian Region of the Tennessee tributary) (Parmalee and Bogan 1998). to the continued existence of any and Cumberland River drainages in Archeological records (Parmalee 1988) population. The delisting objectives call Alabama, , Tennessee, and of this species exist from the Little for the reestablishment/discovery of Virginia (Gordon 1991). Currently, Pigeon River, a lower French Broad eight viable populations and two populations survive in a few river River tributary. It now survives in the naturally produced year classes within reaches in both river systems (Gordon Clinch and Powell Rivers in Tennessee each population. 1991). It historically occurred in the and Virginia and in the Duck and Elk The Cumberland bean (pearlymussel) lower Holston River and a French Broad Rivers in Tennessee (Service 1984b). No (Villosa trabalis) (Conrad 1834) was River tributary (Nolichucky River) downlisting criteria are given in the listed as an endangered species on June (Parmalee and Bogan 1998). recovery plan. The delisting objectives 14, 1976 (41 FR 24062). We finalized a Archaeological records (Parmalee 1988) for the birdwing pearlymussel (Service recovery plan for the species in August of this species exist from the Little 1984b) are to: (1) Restore the viability of 1984 (Service 1984c). We also Pigeon River, a lower French Broad the Clinch and Powell River established an NEP for the Cumberland River tributary. The downlisting populations; (2) reestablish or discover bean and 15 other federally listed objectives for the Cumberlandian viable populations in two additional mussels for a section of the Tennessee combshell (Service 2004) call for the rivers; (3) ensure that the species is River below the Wilson Dam in Colbert reestablishment/discovery of six viable protected from present and foreseeable and Lauderdale Counties, Alabama, on populations and one naturally threats to the continued existence of any June 14, 2001 (66 FR 32250). This reproducing year class within each population; and (4) determine that species historically occurred in 10 river viable population. The delisting noticeable improvements in coal-related systems in the Cumberland and objectives are to: (1) Reestablish or problems and substrate quality have Tennessee River basins (Service 1984c). discover viable populations in nine occurred in the Powell River and that no No historical records exist in the French distinct streams, including three in the increase in coal-related sedimentation Broad River system, but archaeological Cumberland River system, four in the has occurred in the Clinch River. records (Parmalee 1988) of this species upper Tennessee River system, and two exist from the Little Pigeon River, a The cracking pearlymussel in the lower Tennessee River system; (2) lower French Broad River tributary. The ensure that the species is protected from (Hemistena lata) (Rafinesque 1820) was Cumberland bean now survives only in listed as an endangered species on present and foreseeable threats to the the Hiwassee River in Tennessee; in continued existence of any population; September 28, 1989 (54 FR 39850). We Buck Creek, the Little South Fork of the and (3) ensure two distinct naturally finalized a recovery plan for the species Cumberland River, and the Rockcastle reproducing year classes exist within in July 1991 (Service 1991a). We also River system in Kentucky; and in the each of the viable populations. established an NEP for the cracking Big South Fork of the Cumberland River pearlymussel and 15 other federally in Tennessee and Kentucky (Service The Cumberland monkeyface listed mussels for a section of the 1984c). No downlisting criteria are (pearlymussel) (Quadrula intermedia) Tennessee River below the Wilson Dam given in the recovery plan. The delisting (Conrad 1836) was listed as an in Colbert and Lauderdale Counties, objectives for the Cumberland bean endangered species on June 14, 1976 (41 Alabama, on June 14, 2001 (66 FR (Service 1984c) are to: (1) Restore the FR 24062). We completed a recovery 32250). This species historically viability of populations in Buck Creek, plan for the species in July 1984 occurred in the , Cumberland, and the Rockcastle River, and the Little (Service 1984d). We also established an Tennessee River systems (Bogan and South Fork River in Kentucky; (2) NEP for the Cumberland monkeyface Parmalee 1983; Service 1991a). It is reestablish or discover viable and 15 other federally listed mussels for extirpated throughout much of its range. populations in two additional rivers; (3) a section of the Tennessee River below Historical records exist from the ensure that the species is protected from the Wilson Dam in Colbert and Tennessee River near the confluence of present and foreseeable threats to the Lauderdale Counties, Alabama, on June the French Broad and Holston Rivers continued existence of any population; 14, 2001 (66 FR 32250). It historically (Parmalee and Bogan 1998). No and (4) determine that noticeable occurred in 11 rivers in the Tennessee historical records exist for the species in improvements in coal-related problems River system (Service 1984d). Based on the French Broad system, but and substrate quality have occurred in collections from aboriginal shell archaeological records (Parmalee 1988) the upper Cumberland and Tennessee middens, Parmalee and Bogan (1998) of this species exist from the Little drainages and that no increase in coal- stated that the species once occurred at Pigeon River, a lower French Broad related sedimentation exists in streams the confluence of the French Broad and River tributary. It now survives at a few containing this species. Holston Rivers. The species now shoals in the Clinch and Powell Rivers The Cumberlandian combshell survives at a few shoals in the Powell in Tennessee and Virginia (Bogan and (Epioblasma brevidens) (Lea 1831) was River in Tennessee and Virginia and the Parmalee 1983; Neves 1991). It possibly listed as an endangered species on Elk and Duck Rivers in Tennessee survives in the Green River in Kentucky January 10, 1997 (62 FR 1647). Critical (Service 1984d). No downlisting criteria and in the Tennessee River, below habitat was designated for this species are given in the recovery plan. The Pickwick Dam, in Tennessee (Service on August 31, 2004 (69 FR 53136). We delisting objectives for the Cumberland

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monkeyface (Service 1984d) are to: (1) Holston River, and Parmalee and Bogan the backwaters of Douglas Reservoir) Restore the viability of the Powell and (1998) reported it from archaeological (Service 1984f; Parmalee and Bogan Elk River populations; (2) reestablish or sites in the lower French Broad River 1998). No downlisting criteria are given discover viable populations in two and its tributary, the Little Pigeon River. in the recovery plan. The delisting additional rivers; (3) ensure that the Presently, the fanshell is believed to be objectives for the fine-rayed pigtoe species is protected from present and reproducing in three rivers: The Green (Service 1984f) are to: (1) Restore viable foreseeable threats to the continued and Licking Rivers in Kentucky and the populations to the Clinch, Powell, and existence of any population; and (4) Clinch River in Tennessee and Virginia. North Fork Holston Rivers, to the Little determine that noticeable improvements Additionally, based on the collection of River and Copper Creek (Clinch River in coal-related problems and substrate a few old specimens in the 1980s, small, tributaries), and to the Elk River quality have occurred in the Powell apparently nonreproducing, populations (Tennessee), Sequatchie River River and that no increase in coal- may still persist in the Muskingum and (Tennessee), and the Paint Rock River related sedimentation occurs in the Walhonding Rivers in Ohio, the (Alabama); (2) reestablish or discover Clinch River. Kanawha River in , the one viable population in an additional The dromedary pearlymussel (Dromus Wabash River system in and river; (3) ensure that the species is dromas) (Lea 1845) was listed as an , the Barren River and Tygarts protected from present and foreseeable endangered species on June 14, 1976 (41 Creek in Kentucky, and the Tennessee threats to the continued existence of any FR 24062). We completed a recovery and Cumberland Rivers in Tennessee population, and (4) determine that plan for the species in July 1984 (Service 1991b). The downlisting noticeable improvements in coal-related (Service 1984e). We also established an objectives for the fanshell (Service problems and substrate quality have NEP for the dromedary pearlymussel 1991b) are to: (1) Protect existing occurred in the Powell River and that no and 15 other federally listed mussels for populations, reestablish historical increase in coal or other energy-related a section of the Tennessee River below populations, and/or discover new impacts occurs in the Clinch River. the Wilson Dam in Colbert and populations so that at least nine distinct The orangefoot pimpleback Lauderdale Counties, Alabama, on June viable populations exist; (2) ensure that (pearlymussel) (Plethobasus 14, 2001 (66 FR 32250). It was one naturally reproduced year class cooperianus) (Lea 1834) was listed as an historically widespread in the exists within each of the nine endangered species on June 14, 1976 (41 Cumberland and Tennessee River populations; and (3) ensure that studies FR 24062). We completed a recovery systems (Bogan and Parmalee 1983). of the species’ biological and ecological plan for the species in August 1984 Parmalee and Bogan (1998) reported requirements are complete and that any (Service 1984g). It historically occurred that the species historically occurred in required recovery measures are in the Ohio, Cumberland, and the lower Holston River in Knox and beginning to succeed. The delisting Tennessee River systems, including the Grainger Counties. Archaeological objectives are to: (1) Protect existing lower French Broad and Holston Rivers records of this species exist from the populations, reestablish historical (Parmalee and Bogan 1998). The species Little Pigeon River, a lower French populations, and/or discover new persists in the lower Ohio, Tennessee, Broad River tributary (Parmalee 1988). It populations so that at least 12 distinct and Cumberland Rivers (Service 1984g). survives at a few shoals in the Powell viable populations exist; (2) ensure that In 2005, three adults were taken from and Clinch Rivers in Tennessee and two distinct naturally reproduced year the and moved to the Kentucky Department of Fish and Virginia and possibly in the classes exist within each viable Cumberland River in Tennessee (Service Wildlife Resources’ propagation facility population; (3) ensure that studies of the 1984e; Neves 1991). No downlisting in Frankfort, Kentucky (Leroy Koch, species’ biological and ecological criteria are given in the recovery plan. USFWS, pers. comm. 2005). No requirements are complete and that any The delisting objectives for the downlisting criteria are given in this required recovery measures are dromedary pearlymussel (Service recovery plan. The delisting objectives successful; (4) ensure that no 1984e) are to: (1) Restore the viability of for the orangefoot pimpleback (Service foreseeable threats exist that would the Clinch and Powell River 1984g) are to ensure that: (1) One viable likely impact the species’ survival over populations; (2) reestablish or discover population exists in the Tennessee, a significant portion of its range; and (5) viable populations in three additional Cumberland, and Ohio Rivers and these ensure that noticeable improvements in rivers; (3) ensure that the species is populations are dispersed throughout protected from present and foreseeable water and substratum quality have each river so that it would be unlikely threats to the continued existence of any occurred where habitat has been for any one event to cause the total loss population; and (4) determine that degraded. of any population; (2) viable noticeable improvements in coal-related The fine-rayed pigtoe (Fusconaia populations are reestablished or problems and substrate quality have cuneolus) (Lea 1840) was listed as an discovered in two additional rivers; (3) occurred in the Powell River and that no endangered species on June 14, 1976 (41 three year classes, including one year increase in coal-related sedimentation FR 24062). We finalized a recovery plan class 10 years old or older, have occurs in the Clinch River. for the species in September 1984 naturally produced in each population; The fanshell (Cyprogenia stegaria) (Service 1984f). We also established an (4) no foreseeable threats exist that (Rafinesque 1820) was listed as an NEP for the fine-rayed pigtoe and 15 would interfere with the survival of any endangered species on June 21, 1990 (55 other federally listed mussels for a population; and (5) noticeable FR 25591). We completed a recovery section of the Tennessee River below improvements in water and substratum plan for the species in July 1991 the Wilson Dam in Colbert and quality have occurred where habitat has (Service 1991b). It historically occurred Lauderdale Counties, Alabama, on June been degraded. in the Ohio River and many of its large 14, 2001 (66 FR 32250). It historically The oyster mussel (Epioblasma tributaries in , West occurred in 15 Tennessee River capsaeformis) (Lea 1834) was listed as Virginia, Ohio, Indiana, Illinois, tributaries (including the lower Holston an endangered species on January 10, Kentucky, Alabama, Virginia, and River) and is currently known from 7 1997 (62 FR 1647). Critical habitat was Tennessee (Service 1991b). Ortmann rivers (including the Nolichucky River, designated for this species on August (1918) reported it from the lower a French Broad River tributary, above 31, 2004 (69 FR 53136). We finalized a

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recovery plan for the species in May Department of Fish and Wildlife population; (4) ensure that no 2004 (Service 2004). We also established Resources’ (KDFWR) propagation foreseeable threats exist which would an NEP for the oyster mussel and 15 facility in Frankfort, Kentucky. KDFWR interfere with the survival of any other federally listed mussels for a plans to progagate this species to population; and (5) ensure that section of the Tennessee River below augment existing populations and noticeable improvements in water and the Wilson Dam in Colbert and develop new ones, such as the lower substratum quality have occurred where Lauderdale Counties, Alabama, on June French Broad and lower Holston Rivers. habitat has been degraded. 14, 2001 (66 FR 32250). This mussel The downlisting objectives for the ring The shiny pigtoe (Fusconaia cor) historically occurred throughout much pink (Service 1991c) are to: (1) Protect (Conrad 1834) was listed as an of the Cumberlandian Region of the existing populations, reestablish endangered species on June 14, 1976 (41 Tennessee and Cumberland River historical populations, and/or discover FR 24062). We completed a recovery drainages (Gordon 1991). Small new populations so that at least six plan for the species in July 1984 populations now survive in a few river distinct populations exist; and (2) (Service 1984i). We also established an reaches in both river systems (Gordon ensure that studies of the species’ NEP for the shiny pigtoe and 15 other 1991). It was historically taken in the biological and ecological requirements federally listed mussels for a section of lower French Broad River near its are complete and that any required the Tennessee River below the Wilson confluence with the Holston, and a recovery measures developed and Dam in Colbert and Lauderdale population still survives in the implemented from these studies are Counties, Alabama, on June 14, 2001 (66 Nolichucky River, a French Broad River beginning to succeed. The delisting FR 32250). It historically occurred in the tributary, above Douglas Reservoir objectives are to: (1) Protect existing Tennessee River and 10 of its (Parmalee and Bogan 1998). populations, reestablish historical tributaries. It is currently known from Archaeological records (Parmalee 1988) populations, and/or discover new five river systems: the Clinch, Powell, of this species exist from the Little populations so that at least nine distinct North Fork Holston, Elk, and Paint Rock Pigeon River, a lower French Broad populations exist; (2) ensure that studies (Service 1984i). It was historically River tributary. The downlisting of the species’ biological and ecological reported from the Tennessee River objectives for the oyster mussel (Service requirements are complete and that any around the mouth of the Holston and 2004) call for the reestablishment/ required recovery measures developed French Broad Rivers, and it still occurs discovery of six viable populations and and implemented from these studies are in the North Fork Holston River (a one naturally reproducing year class successful; (3) ensure that no Holston River tributary) above Cherokee within each viable population. The foreseeable threats exist which would Reservoir (Service 1984i; Parmalee and delisting objectives are to: (1) likely impact the species’ survival over Bogan 1998). No downlisting criteria are Reestablish or discover viable a significant portion of its range; and (4) given in the recovery plan. The delisting populations in nine distinct streams in ensure that noticeable improvements in objectives for the shiny pigtoe (Service the Cumberland River system, upper water and substratum quality have 1984i) are to: (1) Restore viable Tennessee River system, and/or lower occurred where habitat has been populations to the Clinch, Elk, Powell, Tennessee River system; (2) ensure that degraded. North Fork Holston, and Paint Rock Rivers and to Copper Creek; (2) the species is protected from present The rough pigtoe (Pleurobema and foreseeable threats to the continued reestablish or discover one viable plenum) (Lea 1840) was listed as an population in one additional river or existence of any population; and (3) endangered species on June 14, 1976 (41 two river corridors; (3) ensure that the ensure that two distinct naturally FR 24062). We completed a recovery species is protected from present and reproducing year classes exist within plan for the species in August 1984 foreseeable threats to the continued each of the viable populations. (Service 1984h). This widespread existence of any population; and (4) The ring pink (mussel) (Obovaria species was historically known from 22 determine that noticeable improvements retusa) (Lamark 1819) was listed as an rivers in the Mississippi and Ohio River in coal-related problems and substrate endangered species on September 29, systems (Service 1984h), including the quality have occurred in the Powell 1989 (54 FR 40109). We completed a lower French Broad and Holston Rivers River and that no increase in coal or recovery plan for the species in March (Parmalee and Bogan 1998). other energy-related impacts occurs in 1991 (Service 1991c). It historically Archaeological records (Parmalee 1988) the Clinch River. occurred in the Ohio River and many of of this species exist from the Little The white wartyback (pearlymussel) its large tributaries in Pennsylvania, Pigeon River (a lower French Broad (Plethobasus cicatricosus) (Say 1829) West Virginia, Ohio, Indiana, Illinois, River tributary). It is currently known was listed as an endangered species on Kentucky, Alabama, and Tennessee from the Green, Barren, Cumberland, June 14, 1976 (41 FR 24062). We (Service 1991c). Ortmann (1918) and Tennessee, and Clinch Rivers (Parmalee completed a recovery plan for the Parmalee and Bogan (1998) reported it and Bogan 1998; Service 1984h). No species in September 1984 (Service from the lower Holston River, and it has downlisting criteria are given in this 1984j). It occurred in the Ohio, been taken from an archeological site on recovery plan. The delisting objectives Cumberland, and Tennessee River the lower French Broad River (Steve for the rough pigtoe (Service 1984h) are systems, including the lower Holston Ahlstedt, USGS, pers. comm. 1998). It to: (1) Protect existing populations, River (Parmalee and Bogan 1998). It still likely still survives in very low numbers reestablish historical populations, and/ persists in the middle reaches of the in the Green River in Kentucky, the or discover new populations so that at Tennessee River (Service 1984j). No Tennessee River in Tennessee and least six distinct populations exist; (2) downlisting criteria are given in this Kentucky, and the Cumberland River in ensure that these populations are recovery plan. The delisting objectives Tennessee (Service 1991c; Parmalee and dispersed throughout each river so it for the white wartyback (Service 1984j) Bogan 1998). In 2004 and 2005, three would be unlikely for any one event to are to ensure that: (1) A viable juveniles and one adult male were cause the total loss of any population; population exists in the Tennessee found in the Green River (Leroy Koch, (3) ensure that three year classes, River; (2) viable populations are USFWS, pers. comm. 2005). The adult including one year class 10 years old or discovered or reestablished in two male was taken to the Kentucky older, have naturally produced in each additional rivers; (3) these populations

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are dispersed so it is unlikely for any duskytail darters were historically likely impact the survival of the five one event to cause the total loss of the known from six populations: Little aforementioned viable populations. species from that river system; (4) three River and Abrams Creek, Blount The pygmy madtom (Noturus year classes, including one year class 10 County, Tennessee; Citico Creek, stanauli) (Etnier and Jenkins 1980) was years old or older, have been produced Monroe County, Tennessee; Big South listed as an endangered species on April in each reestablished population; and Fork Cumberland River, Scott County, 27, 1993 (58 FR 25758). We completed (5) no foreseeable threats exist that Tennessee and McCreary County, a recovery plan for the species in would interfere with the survival of any Kentucky; Copper Creek and the Clinch September 1994 (Service 1994b). The population. River (this is one population), Scott pygmy madtom, which was likely more Anthony’s riversnail (Athearnia County, Virginia; and the South Fork widespread in the Tennessee River anthonyi) (Budd in Redfield 1854) was Holston River, Sullivan County, Virginia system, has been found, and still exists, listed as an endangered species on April (Service 1994a). The South Fork Holston in only two short reaches of the Duck 15, 1994 (59 FR 17994). We completed River population is apparently and Clinch Rivers in Tennessee. These a recovery plan for the species in river reaches are about 600 river miles extirpated. The Little River, Copper August 1997 (Service 1997). We also apart. No historical records exist for the Creek/Clinch River, and Big South Fork established an NEP for Anthony’s fish in the lower French Broad or lower Cumberland River populations are riversnail and 16 other federally listed Holston Rivers. However, we and others mussels for a section of the Tennessee extant but small and their viability is believe it is likely that it once inhabited River below the Wilson Dam in Colbert uncertain. The Citgo Creek population is these waters (Rakes and Shute 1999). and Lauderdale Counties, Alabama, on healthy and viable. CFI has Our conclusion is based on the same June 14, 2001 (66 FR 32250). This snail reintroduced the species into Abrams facts outlined above for the duskytail was historically found in the Tennessee Creek in Tennessee, and there are darter. The downlisting objectives for River and the lower reaches of some of indications that it is becoming the pygmy madtom (Service 1994b) are its tributaries from Muscle Shoals, reestablished (Rakes and Shute 2004a). to: (1) Protect and enhance existing Colbert and Lauderdale Counties, No historical records exist for the fish in populations so that at least two distinct Alabama, upstream into the lower the lower French Broad or lower viable populations exist; (2) ensure that French Broad River (Bogan and Holston Rivers. However, we and others studies of the species’ biological and Parmalee 1983; Service 1997). believe it is likely that the species once ecological requirements are complete Currently, two populations are known: inhabited these waters (Rakes and Shute and that any required recovery measures one in Limestone Creek in Limestone 1999). Our conclusion is based on the developed and implemented from these County, Alabama, and one in the following facts: (1) The species was studies are beginning to succeed; and (3) Tennessee River and the lower portion once likely much more widespread in ensure that no foreseeable threats exist of the Sequatchie River (a tributary to the Tennessee River system; (2) the that would likely impact the survival of this reach of the Tennessee River) in French Broad and Holston Rivers are the two aforementioned viable Tennessee and Alabama (Service 1997). tributaries to the Tennessee River populations. No delisting criteria are The downlisting objectives for between existing and historical given in this recovery plan. Anthony’s riversnail (Service 1997) are populations; (3) both river reaches The slender chub (Erimystax cahni) to ensure that: (1) Four viable appear to contain suitable habitat for the (Hubbs and Crowe 1956) was listed as populations exist; (2) two naturally species; and (4) there were no physical a threatened species on September 9, produced year classes exist in all four barriers that would have prevented the 1977, with critical habitat and a special populations; (3) biological studies on species from inhabiting these waters. rule (42 FR 45526). The critical habitat the species are completed and recovery The downlisting objectives for the map was corrected on September 22, measures are beginning to succeed; (4) duskytail darter (Service 1994a) are to: 1977 (42 FR 47840). We completed a noticeable improvements in water and (1) Protect and enhance existing recovery plan for the species in July substratum quality have occurred where populations and reestablish a 1983 (Service 1983a). It was historically known from the Clinch, Powell, and habitat is degraded; (5) each population population so at least three distinct Holston Rivers (Service 1983a). The is protected from present and viable duskytail darter populations foreseeable threats; and (6) all four Holston River site is now under the exist; (2) ensure that studies of the populations remain stable or increase Cherokee Reservoir. The species has not species’ biological and ecological over a 10-year period. The delisting been found recently in the Powell River, requirements are complete and that any objectives call for the establishment of and its continued existence in the six viable populations in addition to required recovery measures developed Clinch River is represented by only one criteria (2) through (5) above. and implemented from these studies are specimen taken in recent years (P. Additionally, all six populations should beginning to succeed; and (3) ensure Rakes, pers. comm. 2002). However, remain stable or increase over a 15-year that no foreseeable threats exist that collections made over the years have period. would likely threaten the continued generally shown that specimens can The duskytail darter (Etheostoma existence of the three aforementioned often be taken only sporadically and in percnurum) (Jenkins 1994) was listed as viable populations. The delisting very small numbers. There has not been an endangered species on April 27, 1993 objectives are to: (1) Protect and a concerted effort to survey for the (58 FR 25758). We completed a recovery enhance existing populations and slender chub in recent years. We believe plan for the species in March 1994 reestablish populations so at least five that once a slender chub survey is (Service 1994a). We also established an distinct viable duskytail darter funded, enough fish will exist to start a NEP for the duskytail darter and three populations exist; (2) ensure that studies propagation program. Although the other federally listed fishes for a section of the species’ biological and ecological species has never been collected from of the Tellico River in Monroe County, requirements are complete and that any the lower French Broad system, we and Tennessee, on August 12, 2002 (67 FR required recovery measures developed others believe the species once likely 52420). Although likely once more and implemented from these studies are inhabited these waters (Rakes and Shute widespread in the upper Tennessee and successful; and (3) ensure that no 1999). Our conclusion is based on the middle Cumberland River systems, foreseeable threats exist that would same facts outlined above for the

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duskytail darter. The delisting reintroduction and/or the discovery of recovery (existing and restored) varies objectives for the slender chub (Service two new populations, that viable from species to species, depending on 1983a) are to: (1) Protect and enhance populations exist in two other rivers; the extent of the species’ probable existing populations and/or reestablish and (3) ensure that no present or former range (i.e., historically populations so that viable populations foreseeable threats exist that would widespread species require a greater exist in the Clinch and Powell Rivers; likely impact the survival of any number of populations for recovery than (2) ensure, through reintroductions and/ populations. species with historically more restricted or the discovery of new populations, The yellowfin madtom (Noturus distributions). However, the that one other viable population exists; flavipinnis) (Taylor 1969) was listed as reestablishment of historical (3) ensure that noticeable improvements a threatened species on September 9, populations is a critical component in in coal-related problems and substrate 1977, with critical habitat and a special the recovery of all these species. quality have occurred in the Powell rule (42 FR 45526). The critical habitat 4. Reintroduction Site: At the request River and that there is no increase in map was corrected on September 22, of the TVA and the TWRA, biologists coal-related sedimentation in the Clinch 1977 (42 FR 47840). We completed a from the Service, TVA, USGS, TWRA, River; and (4) protect the species from recovery plan for the species in June and Alabama Game and Fish Division threats that may adversely affect the 1983 (Service 1983c). Two NEPs have evaluated Tennessee River basin rivers survival of the populations. been established for the yellowfin for mollusk recovery potential. The The spotfin chub (Erimonax madtom. The first NEP was established biologists rated the French Broad River for a section of the North Fork Holston downstream of Douglas Dam as having monachus) (Cope 1868) was listed as a River in Washington County, Virginia, a high potential for mollusk recovery threatened species on September 9, on August 4, 1988 (53 FR 29335). The and the Holston River below Cherokee 1977, with critical habitat and a special second NEP was established for the Dam as having a medium potential rule (42 FR 45526). The critical habitat yellowfin madtom and three other primarily due to water quality and flow map was corrected on September 22, federally listed fishes for a section of the improvements to the tailwaters. In 1977 (42 FR 47840). We completed a Tellico River in Monroe County, letters dated May 28, 1998, and June 29, recovery plan for the species in Tennessee, on August 12, 2002 (67 FR 1998, the TWRA’s Executive Director November 1983 (Service 1983b). Two 52420). It was historically known from recommended that we consider NEPs have been established for the only seven streams (Service 1983c). reintroducing endangered mussels into spotfin chub. The first was established Three small extant populations still the French Broad River below Douglas for the spotfin chub and three other exist, one each in Citco Creek, Copper Dam and the Holston River below federally listed fishes for a section of the Creek and the Powell River. The species Cherokee Dam under NEP status. In an Tellico River in Monroe County, was reintroduced into Abrams Creek, October 30, 1998, letter, the TWRA Tennessee, on August 12, 2002 (67 FR and the population is becoming provided us with a list of mussel species 52420). The second was established for reestablished (Pat Rakes, CFI, pers. (compiled by Tennessee mussel experts) the spotfin chub and the boulder darter comm. 2004). Reintroductions into the that historically or probably occurred in (Etheostoma wapiti) for a section of NEP section of the Tellico River are these river reaches. In a December 9, Shoal Creek (a tributary to the ongoing, and early results are 1998, letter to us, the TVA (the Tennessee River), Lauderdale County, promising. Although there are no managers of the dams above the Alabama, and Lawrence County, historical records from the lower proposed NEP for hydroelectric power, Tennessee on April 8, 2005 (70 FR Holston River or French Broad River flood control, and recreation) expressed 17916). This once widespread species system, we and others believe that the support for mussel recovery efforts in was historically known from 24 streams species once likely inhabited these river the Tennessee River valley streams and in the upper and middle Tennessee reaches (Rakes and Shute 1999). Our tailwaters. River system. Currently, it is extant in conclusion is based on the same facts Based on successes in Abrams Creek only four rivers/river systems (Service outlined above for the duskytail darter. and the North Fork Holston River 1983b; P. Shute, TVA, pers. comm. The delisting objectives for the (Washington County, Virginia) and CFI’s 2004). CFI has reintroduced the species yellowfin madtom (Service 1983c) are intimate knowledge of nongame fishes into Abrams Creek in Tennessee, and to: (1) Protect and enhance existing and their habitat needs, we contracted there are indications that it has become populations and/or reestablish with them to survey the lower French reestablished (Pat Rakes, CFI, pers. populations so that viable populations Broad River and determine if we could comm. 2004). Historical records exist for exist in Copper Creek, Citico Creek, and expand our listed fish recovery efforts the species in the upper French Broad the Powell River; (2) reestablish or into this major Tennessee River and upper Holston River systems, and discover viable populations in two tributary. CFI determined that the lower the species still exists in the Holston additional rivers; (3) ensure that French Broad River contains potential River system above the Cherokee noticeable improvements in coal-related suitable habitat for the reintroduction of Reservoir (Service 1983b). We and our problems and substrate quality have the duskytail darter, pygmy madtom, partners believe the species once likely occurred in the Powell River; and (4) spotfin chub, and yellowfin madtom inhabited the waters of the lower French ensure that each population is protected (Rakes and Shute 1999). Additionally, Broad and lower Holston Rivers. Our from present and foreseeable threats. Rakes and Shute (CFI, pers. comm. conclusion is based on the same facts The recovery objectives in the 2004) stated that the lower Holston outlined above for the duskytail darter. recovery plans for all of the 21 species River below Cherokee Dam could The delisting objectives for the spotfin generally agree that, to reach recovery: potentially support a reintroduced chub (Service 1983b) are to: (1) Protect (1) Existing populations should be population of these fishes and that both and enhance existing populations and/ restored to viable levels; (2) the species river reaches contain potential habitat or reestablish populations so that viable should be protected from threats to their for slender chub reintroductions. populations exist in the Buffalo River continued existence; and (3) viable In a May 17, 1999, letter to us, the system, upper Little Tennessee River, populations should be reestablished in TWRA’s Executive Director stated that Emory River system, and lower North historical habitat. The number of secure, he concurred with the conclusions in Fork Holston River; (2) ensure, through viable populations needed to achieve the report prepared by Rakes and Shute

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(1999). He recommended that we Holston River, Knox County, Tennessee, some pygmy madtoms can be consider designating NEP status in the and in the free-flowing reach of the propagated. However, madtom lower French Broad and Holston Rivers Holston River, Knox, Grainger, and propagation technology, which is for the eventual reintroduction of these Jefferson Counties, Tennessee, from needed to produce large numbers of five fish species. above the backwaters of Fort Loudoun juvenile madtoms, needs further We previously established NEPs for Reservoir just upstream of its development. The parental stock for fish the birdwing pearlymussel, cracking confluence with the French Broad River, propagation and reintroductions will pearlymussel, Cumberland bean, upstream to RM 42.3 (67.7 km) come from wild populations. Duskytail Cumberlandian combshell, Cumberland (approximately 10 RM (16 km) below darters will likely come from Little monkeyface, fine-rayed pigtoe, oyster Cherokee Dam). These river reaches River in Tennessee. Yellowfin madtoms mussel, shiny pigtoe, and Anthony’s contain the most suitable habitat for the will likely come from the Powell River riversnail in the free-flowing reach of reintroductions. None of these 21 in Tennessee. Spotfin chubs will likely the Tennessee River below the Wilson species are known to currently exist in come from upstream in the Holston Dam in Colbert and Lauderdale these river reaches, in tributaries to River system above Cherokee Dam in Counties, Alabama (66 FR 32250). In these reaches, or have free access to Tennessee. Pygmy madtoms will come October 2003, 80 each of birdwing these reaches. from the Clinch River in Tennessee. pearlymussels, oyster mussels, and 5. Reintroduction Procedures: The Slender chubs will come from the upper dromedary mussels (dromedary mussels dates for these proposed Tennessee River basin in Tennessee and are not part of the proposed Lower reintroductions, the actual number of Virginia. In some cases, the parents will French Broad/Lower Holston NEP) were individuals to be released, and the be returned to the wild population from placed in the NEP area below Wilson specific release sites cannot be which they were taken. However, in Dam. The status of these reintroduced determined at this time. most cases, adult fishes will be mussels was checked during the Mussel propagation and juvenile permanently relocated to propagation summer of 2004. While it is too early to rearing technology are currently being facilities. determine whether or not the refined, and juvenile mussels of some To help ensure the genetic integrity of reintroduced individuals will become species could be available for the reintroduced species and to match an established population, a significant reintroduction soon after a NEP rule is as closely as possible the genetic number of them have survived thus far, finalized. Individual endangered composition of the historical indicating that the reintroduction has a mussels that would be used for these populations, we will observe the good chance of being successful. A total proposed reintroductions will be following guidelines: (1) To reduce of 2,370 Anthony’s riversnails have also primarily artificially propagated homozygosity, at least 10 gravid female been placed in the NEP area and will be juveniles. However, it is possible that mussels, 10 fishes, and 10 snails, monitored this spring. Establishment of wild adult stock of some mussels could whenever possible, will be used as viable populations of these species in also be released into the area. The parental stock over the life of the both the Tennessee River below the parent stock for mussel propagation will reintroduction project (if this number Wilson Dam under the existing come from existing wild populations in cannot be obtained for very rare species, regulation and in the lower French the Tennessee, Cumberland, and Ohio we will use whatever number is Broad and lower Holston Rivers, if this Rivers, and in most cases, adults will be available); and (2) to match as closely as proposed regulation is finalized, is an returned to the capture site. Under some possible the genetic composition of the objective in the recovery of these circumstances, adult endangered species that once existed in the lower species. However, it will take several mussels could be permanently relocated French Broad and Holston Rivers, the years of monitoring to fully evaluate if (i.e., kept in captivity for their entire adults and brood stock for the proposed populations of these species (and the life) to propagation facilities or moved reintroductions will be collected using other species) have become established directly into the NEP area after being the following criteria (in order of and remain viable in these historic river used for propagation purposes. A permit decreasing importance): (a) Donor reaches. under section 10 of the ESA would be will be collected from Based on the presence of suitable needed for handling and maintaining populations in adjacent stream/tributary physical habitat, the positive response threatened and endangered species in systems in the same physiographic of endemic aquatic species to habitat captivity. province, (b) donor animals will be improvements, improved quality of the Anthony’s riversnails will be collected from populations in adjacent water being released from the dams, the collected for the proposed stream/tributary systems in an adjacent recommendations of the TWRA’s reintroductions from a large naturally physiographic province, and (c) donor Executive Director, and the evaluation reproducing population located in the animals will be collected from the only of biologists familiar with the lower Tennessee River, Jackson County, population with a sufficient number of French Broad and Holston Rivers, we Alabama, and Marion County, adults to produce progeny. believe the French Broad River Tennessee, and relocated directly into The permanent removal of adults (downstream of Douglas Dam) and the the NEP. (mollusks and fishes) from the wild for Holston River (downstream of Cherokee Individual fishes that would be used their use in proposed reintroduction Dam) are suitable for the reintroduction for these proposed reintroductions will efforts is allowable when the following of these 21 species with NEP status. be primarily artificially propagated conditions exist: (1) Sufficient numbers We propose to reintroduce these 21 juveniles. However, it is possible that of adults are available within a donor species into historical habitat of the wild adult stock of some fishes could population to sustain the loss without free-flowing reach of the French Broad also be released into the NEP area. jeopardizing the species; (2) the species River from RM 22.3 (35.7 km) Propagation and juvenile rearing must be removed from an area because (approximately 10 RM (16 km) below technology is available for the spotfin of an imminent threat that is likely to Douglas Dam), Knox and Sevier chub, slender chub, and duskytail eliminate the population or specific Counties, Tennessee, to the backwaters darter. Limited numbers of yellowfin individuals present in an area; or (3) the of Fort Loudoun Reservoir, upstream of, madtom juveniles can be reared using population is not reproducing (see 50 but near the confluence with the eggs and larvae taken from the wild, and CFR 17.22). For these 21 species, it is

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most likely that adults will be and will ensure that the proposed NEPs chub (42 FR 45526), and yellowfin permanently removed because of the remain geographically isolated and madtom (42 FR 45526); however, none first condition. However, fewer adults easily distinguishable from existing of these designations include the will be needed for propagation than for wild populations. Based on the habitat proposed NEP area. Critical habitat has actually moving individuals from a requirements of these mollusks and not been designated for the 16 other donor population to the NEP. An fishes, we do not expect them to become species identified in this rule. Section enhancement of propagation or survival established outside the proposed NEP 10(j)(2)(C)(ii) of the Act states that permit under section 10(a)(1)(A) of the area. However, if any of the critical habitat shall not be designated Act must be issued before any take reintroduced species move outside the for any experimental population that is occurs. We will coordinate these designated NEP area, then the animals determined to be nonessential. proposed actions with the Service’s would be considered to have come from Accordingly, we cannot designate appropriate lead regions and State the NEP area. In that case, we may critical habitat in areas where we have natural resources agencies. propose to amend this rule to enlarge already established, by regulation, a 6. Status of Reintroduced the boundaries of the NEP area to nonessential experimental population. Populations: Previous translocations, include the entire range of the expanded 8. Management: The aquatic resources propagations, and reintroductions of population(s). in the proposed reintroduction area are many of these species have not affected The designated NEP area for the managed by the TWRA and the TVA. their wild populations. The use of duskytail darter, spotfin chub, and Multiple-use management of these artificially propagated juveniles will yellowfin madtom in the Tellico River waters will not change as a result of the further reduce the potential effects on (67 FR 52420) does not overlap or NEP designation. The NEP designation wild populations since fewer adults interfere with this proposed NEP area will not require the TWRA or the TVA would be needed from the donor for the lower French Broad and lower to specifically manage for reintroduced population. If any of the reintroduced Holston Rivers in Tennessee because species in the NEP area. Private populations become established and are they are geographically separated river landowners within the NEP area will subsequently lost, the likelihood of the reaches. The designated NEP for the still be allowed to continue all legal species’ survival in the wild would not spotfin chub in Shoal Creek, Tennessee, agricultural and recreational activities. be appreciably reduced because either (67 FR 17916) does not overlap or Because of the substantial regulatory the reintroduced individuals will be interfere with this proposed NEP area relief provided by NEP designations, we from propagated stock or the donor for the lower French Broad and lower do not believe these proposed population will be of sufficient size to Holston rivers in Tennessee because reintroductions will conflict with handle movement of adults. Therefore, they are geographically separated river existing human activities or hinder we have determined that the reaches. The designated NEP for the public use of the NEP area. reintroduced populations of these 21 spotfin chub in Shoal Creek, Tennessee, The Service, State, TVA, and CFI staff species in the lower French Broad and (67 FR 17916) does not overlap or will all be involved in the management Holston Rivers are not essential to the interfere with this proposed NEP area of the reintroductions. They will closely continued existence of these species. for the lower French Broad and lower coordinate on reintroductions, We will ensure, through our section 10 Holston rivers in Tennessee because monitoring, coordination with permit authority and the section 7 they are geographically separated river landowners and land managers, and consultation process, that the use of reaches. public awareness, among other tasks animals from any donor population for Similarly, the NEP for the yellowfin necessary to ensure successful these proposed reintroductions is not madtom in the North Fork Holston River reintroductions of these species. likely to jeopardize the continued (53 FR 29335) is separated by reservoirs (a) Mortality: The regulations existence of the species. and long stretches of river that do not implementing the Act define 7. Location of Reintroduced contain yellowfin madtoms or their ‘‘incidental take’’ as take that is Population: The NEP area, which habitat and acts as effective barriers incidental to, and not the purpose of, encompasses all the sites for the between madtom populations in the the carrying out of an otherwise lawful proposed reintroductions, will extend North Fork Holston River and the activity (50 CFR 17.3) such as recreation from the base of Douglas Dam down the proposed NEP in the lower Holston (e.g., fishing, boating, wading, trapping, French Broad River, Knox and Sevier River. or swimming), forestry, agriculture, and Counties, Tennessee, to its confluence The designated NEP area for the other activities that are in accordance with the Holston River; then up the birdwing pearlymussel, cracking with Federal, Tribal, State, and local Holston River, Knox, Grainger, and pearlymussel, Cumberland bean, laws and regulations. A person may take Jefferson Counties, Tennessee, to the Cumberlandian combshell, Cumberland a listed species within the experimental base of Cherokee Dam; and the lower 5 monkeyface, dromedary pearlymussel, population area provided that the take RM (8 km) of all tributaries that enter fine-rayed pigtoe, oyster mussel, shiny is unintentional and is not due to these river reaches. pigtoe, tubercled blossom, and negligent conduct. However, when we Section 10(j) of the Act requires that Anthony’s riversnail in the Tennessee have evidence of knowing (i.e., an experimental population be River below the Wilson Dam (66 FR intentional) take of the listed species geographically separate from other wild 32250) in Alabama does not overlap or within the NEP, we will refer matters to populations of the same species. The interfere with this proposed NEP area the authorities for appropriate action. proposed NEP area is totally isolated for the lower French Broad and lower We expect levels of incidental take to be from existing populations of these Holston Rivers in Tennessee because low since the reintroduction is species by large reservoirs, and none of they are geographically separated river compatible with existing human use these species are known to occur in, or reaches with several reservoirs between activities and practices for the area. are likely to move through, large them. (b) Special handling: Service reservoir habitat. Therefore, these Critical habitat has been designed for employees and authorized agents acting reservoirs will act as barriers to the Cumberlandian combshell (69 FR on their behalf may handle these 21 expansion of these species into other 53136), oyster mussel (69 FR 53136), species for scientific purposes; to sections of the Tennessee River basin slender chub (42 FR 45526), spotfin relocate them to avoid conflict with

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human activities; for recovery purposes; NEP status. It stated that NEP status FR 24062), under the scientific name of to relocate them to other reintroduction represents an appropriate step toward Conradilla caelata. The current list of sites; to aid sick or injured individuals; promoting the species’ recovery while endangered and threatened species at 50 and to salvage dead individuals. protecting the rights and privileges of CFR 17.11(h) uses the scientific name of (c) Coordination with landowners and Tennessee’s citizens. Conradilla caelata for the birdwing land managers: The Service and We did not circulate a similar notice pearlymussel. In the latest edition of the cooperators identified issues and regarding the potential of proposing Common and Scientific Names of concerns associated with the proposed NEP status for the five fishes. The report Aquatic Invertebrates from the United reintroduction of these 21 species before on the area’s suitability for fish States and Canada published by the preparing this proposed rule. The reintroductions (Rakes and Shute 1999) American Fisheries Society, the proposed reintroduction also has been was not available when the mollusk scientific name has been changed to discussed with potentially affected State notice was circulated. However, since Lemiox rimosus (Turgeon et al. 1998). agencies, businesses, and landowners we received only one comment on the This name change has occurred in a within the proposed release area. mollusk notice, the TWRA and the TVA peer-reviewed publication and has Affected State agencies, businesses, both support the mollusk and fish acceptance in the scientific community. landowners, and land managers, reintroductions under NEP status, and Therefore, we are correcting the text for including the TWRA and TVA, have the inclusion of these fishes in the the current list of endangered and indicated support for the reintroduction proposal would not result in any species at 50 CFR 17.11(h) and the if the species released in the proposed additional impact to public or existing experimental population in the experimental population area are government agency use of the river, we free-flowing reach of the Tennessee established as an NEP and if aquatic did not believe it was necessary to River below Wilson Dam in Alabama at resource activities in the proposed circulate a separate notice regarding 50 CFR 17.85 by changing the scientific experimental population area are not these fishes. In any case, through this name for the birdwing pearlymussel constrained. proposal, the public can comment on from Conradilla caelata to Lemiox (d) Potential for conflict with human the proposed NEP designation for these rimosus (see Regulation Promulgation activities: We do not believe these fishes. section below). proposed reintroductions will conflict Through this notice, we are informing We are also making editorial changes with existing or proposed human the general public of the importance of to 50 CFR 17.84(m) and 17.84(o). These activities or hinder public use of the this reintroduction project in the overall paragraphs currently provide NEP NEP area within the French Broad and recovery of these 21 species. The information for multiple species; Holston Rivers. Experimental designation of the NEP for these reaches § 17.84(m) sets forth the Tellico River population special rules contain all the of the French Broad and Holston Rivers NEP area for spotfin chub, duskytail prohibitions and exceptions regarding would provide greater flexibility in the darter, and smoky madtom, while the taking of individual animals. These management of these reintroduced § 17.84(o) sets forth the Shoal Creek special rules are compatible with species. The NEP designation is NEP area for spotfin chub and boulder routine human activities in the necessary to secure needed cooperation darter. In this proposal, we reformat this reintroduction area. of the States, Tribes, landowners, information into species-specific (e) Monitoring: After the initial agencies, and other interests in the paragraphs, so that each fish species has stocking of these species, we will affected area. monitor annually their presence or its own NEP paragraph. These changes absence and document any spawning Finding are nonsubstantive; no existing NEP behavior or young-of-the-year that might Based on the above information, and areas would change as a result of the be present. This monitoring will be using the best scientific and commercial reformatting. The changes are simply for conducted primarily by snorkeling or data available (in accordance with 50 clarity and consistency, and to make seining and will be accomplished by CFR 17.81), the Service finds that information easier for the public to find. contracting with the appropriate species releasing the Appalachian monkeyface, Finally, we are also making editorial experts. Annual reports will be birdwing pearlymussel, cracking changes to replace the introductory text produced detailing the stocking rates pearlymussel, Cumberland bean, at 50 CFR 17.85(a) with a table for and monitoring activities that took place Cumberlandian combshell, Cumberland clarity. Again, this is a nonsubstantive during the previous year. We will also monkeyface, dromedary pearlymussel, change; no existing NEP areas would fully evaluate these reintroduction fanshell, fine-rayed pigtoe, orangefoot change as a result of the reformatting. efforts after 5 and 10 years to determine pimpleback, oyster mussel, ring pink, Public Comments Solicited whether to continue or terminate the rough pigtoe, shiny pigtoe, white reintroduction efforts. wartyback, Anthony’s riversnail, We intend that any final action (f) Public awareness and cooperation: duskytail darter, pygmy madtom, resulting from this proposal will be as On January 12, 1999, we mailed letters slender chub, spotfin chub, and accurate and as effective as possible. to 47 potentially affected Congressional yellowfin madtom into the lower French Therefore, we solicit comments or offices, Federal and State agencies, local Broad and lower Holston Rivers suggestions from the public, other governments, and interested parties to Experimental Population Area under a concerned governmental agencies, the notify them that we were considering Nonessential Experimental Population scientific community, industry, or any proposing NEP status in the lower designation will further the other interested parties concerning this French Broad and Holston Rivers for the conservation of these species. proposed rule. If you wish to comment 16 mollusks (at the time of this letter, on this proposed rule, you may submit we had not yet decided to propose the Other Changes to the Regulations your comments and materials fish reintroductions). We received one In addition, we are making a minor concerning this proposal by any one of written response. The Tennessee technical correction to the existing several methods (see ADDRESSES). All Department of Environment and regulation regarding the birdwing submissions received must include the Conservation supported the pearlymussel. The birdwing pearly agency name and RIN for this reintroduction of the mollusks under mussel was listed on June 14, 1976 (41 rulemaking. Please include your name

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and return address in the body of your Public Hearings actions or otherwise interfere with an message. You may request a public hearing on action taken or planned by another Comments submitted electronically this proposal. Requests must be made in agency. Federal agencies most interested should be in the body of the e-mail writing at least 15 days prior to the close in this rulemaking are primarily the message itself or attached as a text file of the public comment period and sent Environmental Protection Agency and (ASCII), and should not use special to the Field Supervisor for the U.S. Fish TVA. This rule will not materially affect characters or encryption. Please also and Wildlife Service in Tennessee (see entitlements, grants, user fees, or loan include ‘‘Attn: French Broad/Holston ADDRESSES and DATES sections). programs, or the rights and obligations Rivers NEP,’’ your full name, and your Required Determinations of their recipients. Because there are no return address in your e-mail message. expected impacts or restrictions to In the event that our Internet connection Regulatory Planning and Review (E.O. 12866) existing human uses of the French is not functional, please contact the Broad and Holston Rivers as a result of Service by the alternative methods In accordance with the criteria in this rule, no entitlements, grants, user mentioned in the ADDRESSES section. Executive Order 12866, this proposed fees, loan programs, or the rights and Our practice is to make comments, rule to designate NEP status for and obligations of their recipients are including names and home addresses of reintroduce 15 endangered mussels, 1 expected to occur. respondents, available for public review endangered aquatic snail, 2 endangered This rule does not raise novel legal or during regular business hours. fishes, and 3 threatened fishes in the policy issues. Since 1984, we have Respondents may request that we free-flowing reach of the French Broad promulgated section 10(j) rules for many withhold their home address, which we River below Douglas Dam to its other listed species in various localities. will honor to the extent allowable by confluence with the Holston River, Such rules are designed to reduce the law. There also may be circumstances in Knox County, Tennessee, and in the regulatory burden that would otherwise which we would withhold a free-flowing reach of the Holston River exist when reintroducing listed species respondent’s identity, as allowable by below Cherokee Dam to its confluence to the wild. law. If you wish for us to withhold your with the French Broad River is not a Regulatory Flexibility Act name and/or address, you must state significant regulatory action subject to this request prominently at the Office of Management and Budget The Department of the Interior beginning of your comment. However, review. This rule will not have an certifies that this document will not we will not consider anonymous annual economic effect of $100 million have a significant economic effect on a comments. To the extent consistent with or more on the economy and will not substantial number of small entities applicable law, we will make all have an adverse effect on any economic under the Regulatory Flexibility Act (5 submissions from organizations or sector, productivity, competition, jobs, U.S.C. 601 et seq.). Although most of the businesses available for public the environment, or other units of identified entities are small businesses inspection in their entirety. Comments government. The area affected by this engaged in activities along the affected and materials received will be available rule consists of a very limited and reaches of these rivers, this rulemaking for public inspection, by appointment, discrete geographic segment of the is not expected to have any significant during normal business hours at the lower French Broad River (about 32 RM impact on private activities in the Tennessee Field Office (see ADDRESSES). (51 km)) and the lower Holston River affected area. The designation of a NEP Copies of this proposed rule are (about 52 RM (83 km)) in eastern in this rule will significantly reduce the available on the Internet at http:// Tennessee. Therefore, a cost-benefit and regulatory requirements regarding the cookeville.fws.gov. economic analysis will not be required. reintroduction of these species, will not We do not expect this rule to have create inconsistencies with other Peer Review significant impacts to existing human agencies’ actions, and will not conflict activities (e.g., hydroelectric power with existing or proposed human In conformance with our policy on generation, flood control, agricultural activity, or Federal, State, or public use peer review, published on July 1, 1994 activities, fishing, boating, wading, of the land or aquatic resources. (59 FR 34270), we will seek the expert swimming, trapping) in the watershed. opinions of at least three appropriate These rivers already have populations of Small Business Regulatory Enforcement and independent specialists regarding the federally listed threatened snail Fairness Act this proposed rule. The purpose of such darter (Percina tanasi) and endangered This proposed rule is not a major rule review is to ensure that our NEP pink mucket mussel (Lampsilis under 5 U.S.C. 804(2), the Small designation is based on scientifically abrupta), both of which require Federal Business Regulatory Enforcement sound data, assumptions, and analyses. agencies to consult with us under Fairness Act. This rule will not have an We will send copies of this proposed section 7 of the Act if their activities annual effect on the economy of $100 rule to these peer reviewers may are adversely affect these species. million or more. It will not cause a immediately following publication in The reintroduction of these federally major increase in costs or prices for the Federal Register. We will invite listed species, which will be consumers, individual industries, these peer reviewers to comment, accomplished under NEP status with its Federal, State, or local government during the public comment period, on associated regulatory relief, is not agencies, or geographical regions. This the specific assumptions and expected to impact Federal agency rule does not have significant adverse conclusions regarding the proposed actions. Because of the substantial effects on competition, employment, NEP. regulatory relief, we do not believe the investment, productivity, innovation, or We will consider all comments and proposed reintroduction of these species the ability of United States-based information received during the will conflict with existing or proposed enterprises to compete with foreign- comment period on this proposed rule human activities or hinder public use of based enterprises. The intent of this during preparation of a final the French Broad or Holston Rivers. special rule is to facilitate and continue rulemaking. Accordingly, the final This rule will not create the existing commercial activity while decision may differ from this proposal. inconsistencies with other agencies’ providing for the conservation of

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species through reintroduction into recovery of listed freshwater mussel, number. This proposed rule does not suitable habitat. snail, and fish species) and will not include any new collections of present a barrier to all reasonable and information that require approval by Unfunded Mandates Reform Act expected beneficial use of private OMB under the Paperwork Reduction The proposed NEP designation will property. Act. not place any additional requirements on any city, county, or other local Federalism (E.O. 13132) National Environmental Policy Act municipality. The TWRA, which In accordance with Executive Order (NEPA) manages the fishes and mollusks in the 13132, this rule does not have We have determined that the issuance French Broad and Holston Rivers, significant federalism effects to warrant of this proposed rule is categorically requested that we consider these the preparation of a federalism excluded from National Environmental proposed reintroductions under a NEP assessment. This rule will not have Policy Act requirements (516 DM 6, designation. However, they will not be substantial direct effects on the States, Appendix 1.4 B(6)). required to specifically manage for any in their relationship between the reintroduced species. Accordingly, this Federal Government and the States, or Government-to-Government proposed rule will not ‘‘significantly or on the distribution of power and Relationship With Tribes uniquely’’ affect small governments. A responsibilities among the various In accordance with the President’s Small Government Agency Plan is not levels of government. We have memorandum of April 29, 1994, required since this rulemaking does not coordinated extensively with the State ‘‘Government-to-Government Relations require any action to be taken by local of Tennessee on the proposed with Native American Tribal or State government or private entities. reintroduction of these species into the Governments’’ (59 FR 229511), We have determined and certify French Broad and Holston River Executive Order 13175, and the pursuant to the Unfunded Mandates systems. The State wildlife agency in Department of the Interior Manual Reform Act, 2 U.S.C. 1502 et seq., that Tennessee (TWRA) requested that we Chapter 512 DM 2, we have evaluated this rulemaking will not impose a cost undertake this rulemaking in order to possible effects on federally recognized of $100 million or more in any given assist the State in the restoration and Indian tribes and have determined that year on local or State governments or recovery of its native aquatic fauna. there are no effects. private entities (i.e., it is not a Achieving the recovery goals for these Energy Supply, Distribution or Use (E.O. ‘‘significant regulatory action’’ under species will contribute to their eventual 13211) the Unfunded Mandates Reform Act). delisting and their return to State On May 18, 2001, the President issued Takings (E.O. 12630) management. No intrusion on State policy or administration is expected; Executive Order 13211 on regulations In accordance with Executive Order roles and responsibilities of Federal or that significantly affect energy supply, 12630, the rule does not have significant State governments will not change; and distribution, and use. Executive Order takings implications. When fiscal capacity will not be substantially 13211 requires agencies to prepare reintroduced populations of federally directly affected. This special rule Statements of Energy Effects when listed species are designated as NEPs, operates to maintain the existing undertaking certain actions. This rule is the Act’s regulatory requirements relationship between the States and the not expected to significantly affect regarding the reintroduced listed Federal Government and is being energy supplies, distribution, and use. species within the NEP are significantly undertaken at the request of a State Therefore, this action is not a significant reduced. Section 10(j) of the Act can agency (TWRA). We have cooperated energy action and no Statement of provide regulatory relief with regard to with the TWRA in the preparation of Energy Effects is required. the taking of reintroduced species this proposed rule. Therefore, this rule Clarity of This Regulation (E.O. 12866) within an NEP area. For example, this does not have significant Federalism rule allows for the taking of these effects or implications to warrant the Executive Order 12866 requires each reintroduced mollusks and fishes when preparation of a federalism assessment agency to write regulations that are easy such take is incidental to an otherwise pursuant to the provisions of Executive to understand. We invite your legal activity, such as recreation (e.g., Order 13132. comments on how to make this rule fishing, boating, wading, trapping, easier to understand, including answers swimming), forestry, agriculture, and Civil Justice Reform to questions such as the following: (1) other activities that are in accordance In accordance with Executive Order Are the requirements in the rule clearly with Federal, State, and local laws and 12988, the Office of the Solicitor has stated? (2) Does the rule contain regulations. Because of the substantial determined that this proposed rule does technical language or jargon that regulatory relief provided by NEP not unduly burden the judicial system interferes with its clarity? (3) Does the designations, we do not believe the and that it meets the requirements of format of the rule (grouping and order reintroduction of these species will sections (3)(a) and (3)(b)(2) of the Order. of sections, use of headings, conflict with existing or proposed paragraphing, etc.) aid or reduce its human activities or hinder public use of Paperwork Reduction Act clarity? (4) Would the rule be easier to the French Broad and Holston River Office of Management and Budget understand if it were divided into more systems. (OMB) regulations at 5 CFR 1320, which (but shorter) sections? (5) Is the A takings implication assessment is implement provisions of the Paperwork description of the rule in the not required because this rule (1) will Reduction Act (44 U.S.C. 3501 et seq.), SUPPLEMENTARY INFORMATION section of not effectively compel a property owner require that Federal agencies obtain the preamble helpful in understanding to suffer a physical invasion of property approval from OMB before collecting the rule? (6) What else could we do to and (2) will not deny all economically information from the public. An agency make the rule easier to understand? beneficial or productive use of the land may not conduct or sponsor, and a Send your comments concerning how or aquatic resources. This rule will person is not required to respond to, a we could make this rule easier to substantially advance a legitimate collection of information unless it understand to: Office of Regulatory government interest (conservation and displays a currently valid OMB control Affairs, Department of the Interior,

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Room 7229, 1849 C Street, NW., Proposed Regulation Promulgation b. Under the heading ‘‘CLAMS,’’ by Washington, DC 20240. You may also e- revising the entries for ‘‘Bean, Accordingly, we propose to amend mail your comments to: Cumberland (pearlymussel)’’; part 17, subchapter B of chapter I, title ‘‘Combshell, Cumberlandian’’; [email protected]. 50 of the Code of Federal Regulations as ‘‘Fanshell’’; ‘‘Monkeyface, Appalachian set forth below: References Cited (pearlymussel)’’; ‘‘Monkeyface, Cumberland (pearlymussel)’’; ‘‘Mussel, A complete list of all references cited PART 17—[AMENDED] oyster’’; ‘‘Pearlymussel, birdwing’’; herein is available, upon request, from 1. The authority citation for part 17 ‘‘Pearlymussel, cracking’’; the Cookeville, TN Field Office (see continues to read as follows: ‘‘Pearlymussel, dromedary’’; ‘‘Pigtoe, ADDRESSES section). Authority: 16 U.S.C. 1361–1407; 16 U.S.C. fine-rayed’’; ‘‘Pigtoe, rough’’; ‘‘Pigtoe, Author 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– shiny’’; ‘‘Pimpleback, orangefoot 625, 100 Stat. 3500; unless otherwise noted. (pearlymussel)’’; ‘‘Pink, ring (mussel)’’; The principal author of this proposed and ‘‘Wartyback, white (pearlymussel)’’ rule is Timothy Merritt, Cookeville 2. Amend § 17.11(h), the List of to read as set forth below; and Field Office (see ADDRESSES section). Endangered and Threatened Wildlife, as c. Under the heading ‘‘SNAILS,’’ by follows: revising the entry for ‘‘Riversnail, List of Subjects in 50 CFR Part 17 a. Under the heading ‘‘FISHES,’’ by Anthony’s’’ to read as set forth below. revising the entries for ‘‘Chub, slender’’; Endangered and threatened species, ‘‘Chub, spotfin’’; ‘‘Darter, duskytail’’; § 17.11 Endangered and threatened Exports, Imports, Reporting and ‘‘Madtom, pygmy’’; ‘‘Madtom, smoky’’; wildlife. recordkeeping requirements, and ‘‘Madtom, yellowfin’’ to read as set * * * * * Transportation. forth below; (h) * * *

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

******* FISHES

******* Chub, slender ...... Erimystax cahni ...... U.S.A. (TN, VA) ...... Entire, except where T 28 17.95(e) 17.44(c) listed as an ex- perimental popu- lation. Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.84(r) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* Chub, spotfin Erimonax monachus U.S.A. (AL, GA, NC, Entire, except where T 28 17.95(e) 17.44(c) (=turquoise shiner). TN, VA). listed as an ex- perimental popu- lation.

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

Do ...... do ...... do ...... U.S.A. (TN—The XN 732 NA 17.84(m) Tellico River from the backwaters of theTellico Res- ervoir (about Tellico River mile 19 (30.4 km)) up- stream to Tellico River mile 33 (52.8 km) in Mon- roe County.). Do ...... do ...... do ...... U.S.A. (AL, TN— XN 747 NA 17.84(m) Shoal Creek, from Shoal Creek mile 41.7 (66.7 km) at the mouth of Long Branch, Lawrence County, TN, downstream to the backwaters of Wilson Reservoir (Shoal Creekmile 14 (22 km)) at Goose Shoals, Lauderdale Coun- ty, AL, including the lower 5 miles (8 km) of all tribu- taries that enter this reach.). Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.84(m) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* Darter, duskytail ...... Etheostoma U.S.A. (TN, VA) ...... Entire, except where E 502 NA NA percnurum. listed as an ex- perimental popu- lation. Do ...... do ...... do ...... U.S.A. (TN—The XN 732 NA 17.84(p) Tellico River from the backwaters of the Tellico Res- ervoir (about Tellico River mile 19 (30.4 km)) up- stream to Tellico River mile 33 (52.8 km) in Mon- roe County.).

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

Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.84(p) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* Madtom, pygmy ...... Noturus stanauli ..... U.S.A. (TN) ...... Entire, except where E 502 NA NA listed as an ex- perimental popu- lation. Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.84(s) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* Madtom, smoky ...... Noturus baileyi ...... U.S.A. (TN) ...... Entire, except where E 163 17.95(e) NA listed as an ex- perimental popu- lation. Do ...... do ...... do ...... U.S.A. (TN— XN 732 NA 17.84(q) TheTellico River from the back- waters of the Tellico Reservoir (about Tellico River mile 19 (30.4 km)) up- stream to Tellico River mile 33 (52.8 km) in Mon- roe County.).

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

Madtom, yellowfin .... Noturus flavipinnis .. U.S.A. (TN, VA) ...... Entire, except where T 28 17.95(e) 17.44(c) listed as an ex- perimental popu- lation. Do ...... do ...... do ...... U.S.A. (TN, VA—N. XN 317 NA 17.84(e) Fork Holston River Watershed, VA, TN; S. Fork Holston River, up- stream to Ft. Pat- rick Henry Dam, TN; Holston River, downstream to John Sevier De- tention Lake Dam, TN; and all tribu- taries thereto.). Do ...... do ...... do ...... U.S.A. (TN—The XN 732 NA 17.84(e) Tellico River from the backwaters of the Tellico Res- ervoir (about Tellico River mile 19 (30.4 km)) up- stream to Tellico River mile 33 (52.8 km) in Mon- roe County.). Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.84(e) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* CLAMS

******* Bean, Cumberland Villosa trabalis ...... U.S.A. (AL, KY, TN, NA ...... E 15 NA NA (pearlymussel). VA).

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

Do ...... do ...... do ...... U.S.A. (AL—The XN 709 NA 17.85(a) free-flowing reach of the Tennessee River from the base of Wilson Dam downstream to the backwaters of Pickwick Res- ervoir (about 12 river mile (RM) (19 km)), and the lower 5 RM (8 km) of all tribu- taries to this reach in Colbert and Lauderdale Counties.). Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.85(b) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* Combshell, Epioblasma U.S.A. (AL, KY, MS, NA ...... E 602 17.95(f) NA Cumberlandian. brevidens. TN, VA). Do ...... do ...... do ...... U.S.A. (AL—The XN 709 NA 17.85(a) free-flowing reach of the Tennessee River from the base of Wilson Dam downstream to the backwaters of Pickwick Res- ervoir (about 12 river mile (RM) (19 km)), and the lower 5 RM (8 km) of all tribu- taries to this reach in Colbert and Lauderdale Counties.).

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

Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.85(b) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* Fanshell ...... Cyprogenia U.S.A. (AL, IL, IN, NA ...... E 391 NA NA stegaria(=irrorata). KY, OH, PA, TN, VA, WV). Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.85(b) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* Monkeyface, Appa- Quadrula sparsa ..... U.S.A. (TN, VA) ...... NA ...... E 15 NA NA lachian (pearlymussel).

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

Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.85(b) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.). Monkeyface, Cum- Quadrula intermedia U.S.A. (AL, TN, VA) NA ...... E 15 NA NA berland (pearlymussel). Do ...... do ...... do ...... U.S.A. (AL—The XN 709 NA 17.85(a) free-flowing reach of the Tennessee River from the base of Wilson Dam downstream to the backwaters of Pickwick Res- ervoir (about 12 river mile (RM)(19 km)), and the lower 5 RM (8 km) of all tribu- taries to this reach in Colbert and Lauderdale Counties.). Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.85(b) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* Mussel, oyster ...... Epioblasma U.S.A. (AL, GA, KY, NA ...... E 602 17.95(f) NA capsaeformis. MS, NC, TN, VA).

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

Do ...... do ...... do ...... U.S.A. (AL—The XN 709 NA 17.85(a) free-flowing reach of the Tennessee River from the base of Wilson Dam downstream to the backwaters of Pickwick Res- ervoir (about 12 river mile (RM)(19 km)), and the lower 5 RM (8 km) of all tribu- taries to this reach in Colbert and Lauderdale Counties.). Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.85(b) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* Pearlymussel, Lemiox rimosus ...... U.S.A. (AL, TN, VA) NA ...... E 15 NA NA birdwing. Do ...... do ...... do ...... U.S.A. (AL—The XN 709 NA 17.85(a) free-flowing reach of the Tennessee River from the base of Wilson Dam downstream to the backwaters of Pickwick Res- ervoir (about 12 river mile (RM)(19 km)), and the lower 5 RM (8 km) of all tribu- taries to this reach in Colbert and Lauderdale Counties.).

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

Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.85(b) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.). Pearlymussel, crack- Hemistena lata ...... U.S.A. (AL, IL, IN, NA ...... E 366 NA NA ing. KY, OH, TN, VA). Do ...... do ...... do ...... U.S.A. (AL—The XN 709 NA 17.85(a) free-flowing reach of the Tennessee River from the base of Wilson Dam downstream to the backwaters of Pickwick Res- ervoir (about 12 river mile (RM) (19 km)), and the lower 5 RM (8 km) of all tribu- taries to this reach in Colbert and Lauderdale Counties.). Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.85(b) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* Pearlymussel, drom- Dromus dromas ...... U.S.A. (AL, KY, TN, NA ...... E 15 NA NA edary. VA).

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

Do ...... do ...... do ...... U.S.A. (AL—The XN 709 NA 17.85(a) free-flowing reach of the Tennessee River from the base of Wilson Dam downstream to the backwaters of Pickwick Res- ervoir (about 12 river mile (RM) (19 km)), and the lower 5 RM (8 km) of all tribu- taries to this reach in Colbert and Lauderdale Counties.). Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.85(b) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* Pigtoe, fine-rayed .... Fusconaia cuneolus U.S.A. (AL, TN, VA) NA ...... E 15 NA NA Do ...... do ...... do ...... U.S.A. (AL—The XN 709 NA 17.85(a) free-flowing reach of the Tennessee River from the base of Wilson Dam downstream to the backwaters of Pickwick Res- ervoir (about 12 river mile (RM) (19 km)), and the lower 5 RM (8 km) of all tribu- taries to this reach in Colbert and Lauderdale Counties.).

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

Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.85(b) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* Pigtoe, rough ...... Pleurobema plenum U.S.A. (AL, IN, KY, NA ...... E 15 NA NA PA, TN, VA). Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.85(b) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.). Pigtoe, shiny ...... Fusconaia cor ...... U.S.A. (AL, TN, VA) NA ...... E 15 NA NA Do ...... do ...... do ...... U.S.A. (AL—The XN 709 NA 17.85(a) free-flowing reach of the Tennessee River from the base of Wilson Dam downstream to the backwaters of Pickwick Res- ervoir (about 12 river mile (RM)(19 km)), and the lower 5 RM (8 km) of all tribu- taries to this reach in Colbert and Lauderdale Counties.).

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

Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.85(b) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* Pimpleback, Plethobasus U.S.A. (AL, IA, IL, NA ...... E 15 NA NA orangefoot cooperianus. IN, KY, OH, PA, (pearlymussel). TN). Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.85(b) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* Pink, ring (mussel) ... Obovaria retusa ...... U.S.A. (AL, IL, IN, NA ...... E 369 NA NA KY, OH, PA, TN, WV).

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

Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.85 (b) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* Wartyback, white Plethobasus U.S.A. (AL, IL, IN, NA ...... E 15 NA NA (pearlymussel). cicatricosus. KY, TN). Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.85(b) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

******* SNAILS

******* Riversnail, Anthony’s Athearnia anthonyi U.S.A. (AL, GA, TN) NA ...... E 538 NA NA Do ...... do ...... do ...... U.S.A. (AL—The XN 709 NA 17.85(a) free-flowing reach of the Tennessee River from the base of Wilson Dam downstream to the backwaters of Pickwick Res- ervoir (about 12 river mile (RM) (19 km)), and the lower 5 RM (8 km) of all tribu- taries to this reach in Colbert and Lauderdale Counties.).

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

Do ...... do ...... do ...... U.S.A. (TN—French XN ...... NA 17.85(b) Broad River, Knox and Sevier Coun- ties, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tribu- taries to these reaches.).

*******

3. Amend § 17.84 as follows: defined as follows: The Tellico River, Tennessee. Based on its habitat a. Revise paragraphs (e), (m), and (o) between the backwaters of the Tellico requirements, we do not expect this to read as set forth below; and Reservoir (approximately Tellico River species to become established outside b. Add new paragraphs (p), (q), (r), mile 19 (30.4 kilometers) and Tellico this NEP area. However, if individuals and (s) to read as set forth below. River mile 33 (52.8 kilometers), near the of this population move upstream or Tellico Ranger Station, Monroe County, downstream or into tributaries outside § 17.84 Special rules—vertebrates. Tennessee. This species is not currently the designated NEP area, we would * * * * * known to exist in the Tellico River or presume that they came from the (e) Yellowfin madtom (Noturus its tributaries. Based on its habitat reintroduced population. We would flavipinnis). (1) Where is the yellowfin requirements, we do not expect this then amend this regulation to enlarge madtom designated as a nonessential species to become established outside the boundaries of the NEP area to experimental population (NEP)? We this NEP area. However, if individuals include the entire range of the expanded have designated three populations of of this population move upstream or population. this species as NEPs: The North Fork downstream or into tributaries outside (iv) We do not intend to change the Holston River Watershed NEP, the the designated NEP area, we would NEP designations to ‘‘essential Tellico River NEP, and the French presume that they came from the experimental,’’ ‘‘threatened,’’ or Broad River and Holston River NEP. reintroduced population. We would ‘‘endangered’’ within the NEP areas. (i) The North Fork Holston River then amend this regulation to enlarge Additionally, we will not designate Watershed NEP area is within the the boundaries of the NEP area to critical habitat for these NEPs, as species’ historic range and is defined as include the entire range of the expanded provided by 16 U.S.C. 1539(j)(2)(C)(ii). follows: The North Fork Holston River population. watershed, Washington, Smyth, and (iii) The French Broad River and (2) What activities are not allowed in Scott Counties, Virginia; South Fork Holston River NEP area is within the the NEP areas? (i) Except as expressly Holston River watershed upstream to Ft. species’ historic range and is defined as allowed in paragraph (e)(3) of this Patrick Henry Dam, Sullivan County, follows: The French Broad River, Knox section, all the prohibitions of § 17.31 Tennessee; and the Holston River from and Sevier Counties, Tennessee, from (a) and (b) apply to the yellowfin the confluence of the North and South the base of Douglas Dam (river mile madtom. Forks downstream to the John Sevier (RM) 32.3 (51.7 km)) downstream to the (ii) Any manner of take not described Detention Lake Dam, Hawkins County, confluence with the Holston River; then under paragraph (e)(3) of this section is Tennessee. This site is totally isolated up the Holston River, Knox, Grainger, prohibited in the NEP area. We may from existing populations of this species and Jefferson Counties, Tennessee, to refer unauthorized take of this species to by large Tennessee River tributaries and the base of Cherokee Dam (RM 52.3 the appropriate authorities for reservoirs. As the species is not known (83.7 km)); and the lower 5 RM (8 km) prosecution. to inhabit reservoirs and because of all tributaries that enter these river (iii) You may not possess, sell, individuals of the species are not likely reaches. This species is not known to deliver, carry, transport, ship, import, or to move 100 river miles through these exist in any of the tributaries to the free- export by any means whatsoever any of large reservoirs, the possibility that this flowing reaches of the French Broad the identified fishes, or parts thereof, population could come in contact with River below Douglas Dam, Knox and that are taken or possessed in violation extant wild populations is unlikely. Sevier Counties, Tennessee, or of the of paragraph (e)(2) of this section or in (ii) The Tellico River NEP area is Holston River below the Cherokee Dam, violation of the applicable State fish and within the species’ historic range and is Knox, Grainger, and Jefferson Counties, wildlife laws or regulations or the Act.

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(iv) You may not attempt to commit, downstream or into tributaries outside ‘‘endangered’’ within the NEP area. solicit another to commit, or cause to be the designated NEP area, we would Additionally, we will not designate committed any offense defined in presume that they came from the critical habitat for these NEPs, as paragraph (e)(2) of this section. reintroduced population. We would provided by 16 U.S.C. 1539(j)(2)(C)(ii). (3) What take is allowed in the NEP then amend this regulation to enlarge (2) What activities are not allowed in area? Take of this species that is the boundaries of the NEP area to the NEP area? (i) Except as expressly accidental and incidental to an include the entire range of the expanded allowed in paragraph (m)(3) of this otherwise legal activity, such as population. section, all the provisions of § 17.31(a) recreation (e.g., fishing, boating, wading, (ii) The Shoal Creek NEP area is and (b) apply to the spotfin chub. within the species’ historic range and is trapping, or swimming), forestry, (ii) Any manner of take not described defined as follows: Shoal Creek (from agriculture, and other activities that are under paragraph (m)(3) of this section is Shoal Creek mile 41.7 (66.7 km)) at the in accordance with Federal, State, and prohibited in the NEP area. We may mouth of Long Branch, Lawrence local laws and regulations, is allowed. refer unauthorized take of this species to County, TN, downstream to the (4) How will the effectiveness of these the appropriate authorities for backwaters of Wilson Reservoir (Shoal reintroductions be monitored? After the prosecution. initial stocking of fish, we will monitor Creek mile 14 (22 km)) at Goose Shoals, Lauderdale County, AL, including the (iii) You may not possess, sell, annually their presence or absence and deliver, carry, transport, ship, import, or document any spawning behavior or lower 5 miles (8 km) of all tributaries that enter this reach. This species is not export by any means whatsoever any of young-of-the-year fish that might be the identified fishes, or parts thereof, present. This monitoring will be currently known to exist in the Shoal Creek or its tributaries. Based on its that are taken or possessed in violation conducted primarily by snorkeling or of paragraph (m)(2) of this section or in seining and will be accomplished by habitat requirements, we do not expect this species to become established violation of the applicable State fish and contracting with the appropriate species wildlife laws or regulations or the Act. experts. We will produce annual reports outside this NEP area. However, if detailing the stocking rates and individuals of this population move (iv) You may not attempt to commit, monitoring activities that took place upstream or downstream or into solicit another to commit, or cause to be during the previous year. We will also tributaries outside the designated NEP committed any offense defined in fully evaluate these reintroduction area, we would presume that they came paragraph (m)(2) of this section. efforts after 5 and 10 years to determine from the reintroduced population. We (3) What take is allowed in the NEP whether to continue or terminate the would then amend this regulation to area? Take of this species that is reintroduction efforts. enlarge the boundaries of the NEP area accidental and incidental to an (5) Note: Map of the NEP area for the to include the entire range of the otherwise legal activity, such as yellowfin madtom in the Tellico River, expanded population. recreation (e.g., fishing, boating, wading, (iii) The French Broad River and Tennessee, appears immediately trapping, or swimming), forestry, Holston River NEP area is within the following paragraph (m)(5) of this agriculture, and other activities that are species’ historic range and is defined as section. in accordance with Federal, State, and follows: the French Broad River, Knox (6) Note: Map of the NEP area for the local laws and regulations, is allowed. and Sevier Counties, Tennessee, from yellowfin madtom in the French Broad (4) How will the effectiveness of these the base of Douglas Dam (river mile River and Holston River, Tennessee, reintroductions be monitored? (i) In the (RM) 32.3 (51.7 km)) downstream to the appears immediately following Tellico River NEP area, we will prepare confluence with the Holston River; then paragraph (m)(7) of this section. periodic progress reports and fully up the Holston River, Knox, Grainger, evaluate these reintroduction efforts * * * * * and Jefferson Counties, Tennessee, to after 5 and 10 years to determine (m) Spotfin chub (=turquoise shiner) the base of Cherokee Dam (RM 52.3 whether to continue or terminate the (Erimonax monachus). (83.7 km)); and the lower 5 RM (8 km) reintroduction efforts. (1) Where is the spotfin chub of all tributaries that enter these river designated as a nonessential reaches. This species is not known to (ii) In the Shoal Creek NEP area and experimental population (NEP)? We exist in any of the tributaries to the free- the French Broad River and Holston have designated three populations of flowing reaches of the French Broad River NEP area, after the initial stocking this species as NEPs: The Tellico River River below Douglas Dam, Knox and of fish, we will monitor annually their NEP, the Shoal Creek NEP, and the Sevier Counties, Tennessee, or of the presence or absence and document any French Broad River and Holston River Holston River below the Cherokee Dam, spawning behavior or young-of-the-year NEP. Knox, Grainger, and Jefferson Counties, fish that might be present. This (i) The Tellico River NEP area is Tennessee. Based on its habitat monitoring will be conducted primarily within the species’ probable historic requirements, we do not expect this by snorkeling or seining and will be range and is defined as follows: The species to become established outside accomplished by contracting with the Tellico River, between the backwaters of this NEP area. However, if individuals appropriate species experts. We will the Tellico Reservoir (approximately of this population move upstream or produce annual reports detailing the Tellico River mile 19 (30.4 kilometers downstream or into tributaries outside stocking rates and monitoring activities (km)) and Tellico River mile 33 (52.8 the designated NEP area, we would that took place during the previous year. km), near the Tellico Ranger Station, presume that they came from the We will also fully evaluate these Monroe County, Tennessee. This reintroduced population. We would reintroduction efforts after 5 and 10 species is not currently known to exist then amend this regulation to enlarge years to determine whether to continue in the Tellico River or its tributaries. the boundaries of the NEP area to or terminate the reintroduction efforts. Based on its habitat requirements, we do include the entire range of the expanded (5) Note: Map of the Tellico River NEP not expect this species to become population. area for spotfin chub, dusky darter, established outside this NEP area. (iv) We do not intend to change the smoky madtom, and yellowfin madtom However, if individuals of this NEP designations to ‘‘essential in Tennessee follows: population move upstream or experimental,’’ ‘‘threatened,’’ or BILLING CODE 4310–55–P

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(6) Note: Map of the Shoal Creek NEP area for spotfin chub and boulder darter in Tennessee and Alabama follows:

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(7) Note: Map of the French Broad darter, pygmy madtom, and yellowtail River and Holston River NEP area for madtom in Tennessee follows: spotfin chub, slender chub, duskytail

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* * * * * in accordance with Federal, State, and of all tributaries that enter these river (o) Boulder darter (Etheostoma local laws and regulations, is allowed. reaches. This species is not known to wapiti). (4) How will the effectiveness of these exist in any of the tributaries to the free- (1) Where is the boulder darter reintroductions be monitored? After the flowing reaches of the French Broad designated as a nonessential initial stocking of fish, we will monitor River below Douglas Dam, Knox and experimental population (NEP)? (i) The annually their presence or absence and Sevier Counties, Tennessee, or of the NEP area for the boulder darter is within document any spawning behavior or Holston River below the Cherokee Dam, the species’ historic range and is young-of-the-year fish that might be Knox, Grainger, and Jefferson Counties, defined as follows: Shoal Creek (from present. This monitoring will be Tennessee. Based on its habitat Shoal Creek mile 41.7 (66.7 km)) at the conducted primarily by snorkeling or requirements, we do not expect this mouth of Long Branch, Lawrence seining and will be accomplished by species to become established outside County, TN, downstream to the contracting with the appropriate species this NEP area. However, if individuals backwaters of Wilson Reservoir (Shoal experts. We will produce annual reports of this population move upstream or Creek mile 14 (22 km)) at Goose Shoals, detailing the stocking rates and downstream or into tributaries outside Lauderdale County, AL, including the monitoring activities that took place the designated NEP area, we would lower 5 miles (8 km) of all tributaries during the previous year. We will also presume that they came from the that enter this reach. fully evaluate these reintroduction reintroduced population. We would (ii) The boulder darter is not currently efforts after 5 and 10 years to determine then amend this regulation to enlarge known to exist in Shoal Creek or its whether to continue or terminate the the boundaries of the NEP area to tributaries. Based on the habitat reintroduction efforts. include the entire range of the expanded requirements of this fish, we do not (5) Note: Map of the NEP area for the population. expect it to become established outside boulder darter in the Shoal Creek, (iii) We do not intend to change the the NEP area. However, if any Tennessee and Alabama, appears NEP designations to ‘‘essential individuals of the species move immediately following paragraph (m)(6) experimental,’’ ‘‘threatened,’’ or upstream or downstream or into of this section. ‘‘endangered’’ within the NEP area. tributaries outside the designated NEP (p) Duskytail darter (Etheostoma Additionally, we will not designate area, we would presume that they came percnurum). critical habitat for these NEPs, as from the reintroduced population. We (1) Where is the duskytail darter provided by 16 U.S.C. 1539(j)(2)(C)(ii). would then amend paragraph (o)(1)(i) of designated as a nonessential (2) What activities are not allowed in this section to enlarge the boundaries of experimental population (NEP)? We the NEP area? (i) Except as expressly the NEP area to include the entire range have designated two populations of this allowed in paragraph (q)(3) of this of the expanded population. species as NEPs: The Tellico River NEP section, all the prohibitions of § 17.31(a) (iii) We do not intend to change the and the French Broad River and Holston and (b) apply to the duskytail darter. NEP designations to ‘‘essential River NEP. (ii) Any manner of take not described experimental,’’ ‘‘threatened,’’ or (i) The Tellico River NEP area is under paragraph (q)(3) of this section is ‘‘endangered’’ within the NEP area. within the species’ historic range and is prohibited in the NEP area. We may Additionally, we will not designate defined as follows: The Tellico River, refer unauthorized take of this species to critical habitat for these NEPs, as between the backwaters of the Tellico the appropriate authorities for provided by 16 U.S.C. 1539(j)(2)(C)(ii). Reservoir (approximately Tellico River prosecution. (2) What activities are not allowed in mile 19 (30.4 kilometers) and Tellico (iii) You may not possess, sell, the NEP area? (i) Except as expressly River mile 33 (52.8 kilometers), near the deliver, carry, transport, ship, import, or allowed in paragraph (o)(3) of this Tellico Ranger Station, Monroe County, export by any means whatsoever any of section, all the provisions of § 17.31(a) Tennessee. This species is not currently the identified fishes, or parts thereof, and (b) apply to the boulder darter. known to exist in the Tellico River or that are taken or possessed in violation (ii) Any manner of take not described its tributaries. Based on its habitat of paragraph (q)(2) of this section or in under paragraph (o)(3) of this section is requirements, we do not expect this violation of the applicable State fish and prohibited in the NEP area. We may species to become established outside wildlife laws or regulations or the Act. refer unauthorized take of these species this NEP area. However, if individuals (iv) You may not attempt to commit, to the appropriate authorities for of this population move upstream or solicit another to commit, or cause to be prosecution. downstream or into tributaries outside committed any offense defined in (iii) You may not possess, sell, the designated NEP area, we would paragraph (q)(2) of this section. deliver, carry, transport, ship, import, or presume that they came from the (3) What take is allowed in the NEP export by any means whatsoever any of reintroduced population. We would area? Take of this species that is the identified fishes, or parts thereof, then amend this regulation to enlarge accidental and incidental to an that are taken or possessed in violation the boundaries of the NEP area to otherwise legal activity, such as of paragraph (o)(2) of this section or in include the entire range of the expanded recreation (e.g., fishing, boating, wading, violation of the applicable State fish and population. trapping, or swimming), forestry, wildlife laws or regulations or the Act. (ii) The French Broad River and agriculture, and other activities that are (iv) You may not attempt to commit, Holston River NEP area is within the in accordance with Federal, State, and solicit another to commit, or cause to be species’ historic range and is defined as local laws and regulations, is allowed. committed any offense defined in follows: the French Broad River, Knox (4) How will the effectiveness of these paragraph (o)(2) of this section. and Sevier Counties, Tennessee, from reintroductions be monitored? After the (3) What take is allowed in the NEP the base of Douglas Dam (river mile initial stocking of fish, we will monitor area? Take of this species that is (RM) 32.3 (51.7 km)) downstream to the annually their presence or absence and accidental and incidental to an confluence with the Holston River; then document any spawning behavior or otherwise legal activity, such as up the Holston River, Knox, Grainger, young-of-the-year fish that might be recreation (e.g., fishing, boating, wading, and Jefferson Counties, Tennessee, to present. This monitoring will be trapping, or swimming), forestry, the base of Cherokee Dam (RM 52.3 conducted primarily by snorkeling or agriculture, and other activities that are (83.7 km)); and the lower 5 RM (8 km) seining and will be accomplished by

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contracting with the appropriate species that are taken or possessed in violation downstream or into tributaries outside experts. We will produce annual reports of paragraph (r)(2) of this section or in the designated NEP area, we would detailing the stocking rates and violation of the applicable State fish and presume that they came from the monitoring activities that took place wildlife laws or regulations or the Act. reintroduced population. We would during the previous year. We will also (iv) You may not attempt to commit, then amend this regulation to enlarge fully evaluate these reintroduction solicit another to commit, or cause to be the boundaries of the NEP area to efforts after 5 and 10 years to determine committed any offense defined in include the entire range of the expanded whether to continue or terminate the paragraph (r)(2) of this section. population. reintroduction efforts. (3) What take is allowed in the NEP (iii) We do not intend to change the (5) Note: Map of the NEP area for the area? Take of this species that is NEP designations to ‘‘essential duskytail darter in the Tellico River, accidental and incidental to an experimental,’’ ‘‘threatened,’’ or Tennessee, appears immediately otherwise legal activity, such as ‘‘endangered’’ within the NEP area. following paragraph (m)(5) of this recreation (e.g., fishing, boating, wading, Additionally, we will not designate section. trapping, or swimming), forestry, critical habitat for this NEP, as provided (6) Note: Map of the NEP area for the agriculture, and other activities that are by 16 U.S.C. 1539(j)(2)(C)(ii). duskytail darter in the French Broad in accordance with Federal, State, and (2) What activities are not allowed in River and Holston River, Tennessee, local laws and regulations, is allowed. the NEP area? (i) Except as expressly appears immediately following (4) How will the effectiveness of these allowed in paragraph (s)(3) of this paragraph (m)(7) of this section. reintroductions be monitored? After the section, all the prohibitions of § 17.31 initial stocking of fish, we will monitor (q) Smoky madtom (Noturus baileyi). (a) and (b) apply to the slender chub. (1) Where is the smoky madtom annually their presence or absence and (ii) Any manner of take not described designated as a nonessential document any spawning behavior or under paragraph (s)(3) of this section is experimental population (NEP)? (i) The young-of-the-year fish that might be prohibited in the NEP area. We may NEP area for the smoky madtom is present. This monitoring will be refer unauthorized take of this species to within the species’ probable historic conducted primarily by snorkeling or the appropriate authorities for range and is defined as follows: The seining and will be accomplished by prosecution. Tellico River, between the backwaters of contracting with the appropriate species (iii) You may not possess, sell, the Tellico Reservoir (approximately experts. We will produce annual reports deliver, carry, transport, ship, import, or Tellico River mile 19 (30.4 kilometers) detailing the stocking rates and export by any means whatsoever any of and Tellico River mile 33 (52.8 monitoring activities that took place the identified fishes, or parts thereof, kilometers), near the Tellico Ranger during the previous year. We will also that are taken or possessed in violation Station, Monroe County, Tennessee. fully evaluate these reintroduction (ii) The smoky madtom is not efforts after 5 and 10 years to determine of paragraph (s)(2) of this section or in currently known to exist in the Tellico whether to continue or terminate the violation of the applicable State fish and River or its tributaries. Based on the reintroduction efforts. wildlife laws or regulations or the Act. habitat requirements of this fish, we do (5) Note: Map of the NEP area for the (iv) You may not attempt to commit, not expect it to become established smoky madtom in the Tellico River, solicit another to commit, or cause to be outside the NEP area. However, if any Tennessee, appears immediately committed any offense defined in individuals of the species move following paragraph (m)(5) of this paragraph (s)(2) of this section. upstream or downstream or into section. (3) What take is allowed in the NEP tributaries outside the designated NEP (r) Slender chub (Erimystax cahni). area? Take of this species that is area, we would presume that they came (1) Where is the slender chub accidental and incidental to an from the reintroduced population. We designated as a nonessential otherwise legal activity, such as would then amend paragraph (r)(1)(i) of experimental population (NEP)? (i) The recreation (e.g., fishing, boating, wading, this section to enlarge the boundaries of NEP area for the slender chub is within trapping, or swimming), forestry, the NEP area to include the entire range the species’ historic range and is agriculture, and other activities that are of the expanded population. defined as follows: The French Broad in accordance with Federal, State, and (iii) We do not intend to change the River, Knox and Sevier Counties, local laws and regulations, is allowed. NEP designations to ‘‘essential Tennessee, from the base of Douglas (4) How will the effectiveness of these experimental,’’ ‘‘threatened,’’ or Dam (river mile (RM) 32.3 (51.7 km)) reintroductions be monitored? After the ‘‘endangered’’ within the NEP area. downstream to the confluence with the initial stocking of fish, we will monitor Additionally, we will not designate Holston River; then up the Holston annually their presence or absence and critical habitat for this NEP, as provided River, Knox, Grainger, and Jefferson document any spawning behavior or by 16 U.S.C. 1539(j)(2)(C)(ii). Counties, Tennessee, to the base of young-of-the-year fish that might be (2) What activities are not allowed in Cherokee Dam (RM 52.3 (83.7 km)); and present. This monitoring will be the NEP area? (i) Except as expressly the lower 5 RM (8 km) of all tributaries conducted primarily by snorkeling or allowed in paragraph (r)(3) of this that enter these river reaches. seining and will be accomplished by section, all the prohibitions of § 17.31 (ii) The slender chub is not known to contracting with the appropriate species (a) and (b) apply to the smoky madtom. exist in any of the tributaries to the free- experts. We will produce annual reports (ii) Any manner of take not described flowing reaches of the French Broad detailing the stocking rates and under paragraph (r)(3) of this section is River below Douglas Dam, Knox and monitoring activities that took place prohibited in the NEP area. We may Sevier Counties, Tennessee, or of the during the previous year. We will also refer unauthorized take of this species to Holston River below the Cherokee Dam, fully evaluate these reintroduction the appropriate authorities for Knox, Grainger, and Jefferson Counties, efforts after 5 and 10 years to determine prosecution. Tennessee. Based on its habitat whether to continue or terminate the (iii) You may not possess, sell, requirements, we do not expect this reintroduction efforts. deliver, carry, transport, ship, import, or species to become established outside (5) Note: Map of the NEP area for the export by any means whatsoever any of this NEP area. However, if individuals slender chub in the French Broad River the identified fishes, or parts thereof, of this population move upstream or and Holston River, Tennessee, appears

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immediately following paragraph (m)(7) include the entire range of the expanded trapping, or swimming), forestry, of this section. population. agriculture, and other activities that are (s) Pygmy madtom (Noturus stanauli). (iii) We do not intend to change the in accordance with Federal, State, and (1) Where is the pygmy madtom NEP designations to ‘‘essential local laws and regulations, is allowed. designated as a nonessential experimental,’’ ‘‘threatened,’’ or (4) How will the effectiveness of these experimental population (NEP)? (i) The ‘‘endangered’’ within the NEP area. reintroductions be monitored? After the NEP area for the pygmy madtom is Additionally, we will not designate initial stocking of fish, we will monitor within the species’ historic range and is critical habitat for this NEP, as provided annually their presence or absence and defined as follows: The French Broad by 16 U.S.C. 1539(j)(2)(C)(ii). document any spawning behavior or River, Knox and Sevier Counties, (2) What activities are not allowed in young-of-the-year fish that might be Tennessee, from the base of Douglas the NEP area? (i) Except as expressly present. This monitoring will be Dam (river mile (RM) 32.3 (51.7 km)) allowed in paragraph (t)(3) of this conducted primarily by snorkeling or downstream to the confluence with the section, all the prohibitions of § 17.31 seining and will be accomplished by Holston River; then up the Holston (a) and (b) apply to the pygmy madtom. contracting with the appropriate species River, Knox, Grainger, and Jefferson (ii) Any manner of take not described experts. We will produce annual reports Counties, Tennessee, to the base of under paragraph (t)(3) of this section is detailing the stocking rates and Cherokee Dam (RM 52.3 (83.7 km)); and prohibited in the NEP area. We may monitoring activities that took place the lower 5 RM (8 km) of all tributaries refer unauthorized take of this species to during the previous year. We will also that enter these river reaches. the appropriate authorities for fully evaluate these reintroduction (ii) The pygmy madtom is not known prosecution. efforts after 5 and 10 years to determine to exist in any of the tributaries to the (iii) You may not possess, sell, whether to continue or terminate the free-flowing reaches of the French Broad deliver, carry, transport, ship, import, or reintroduction efforts. River below Douglas Dam, Knox and export by any means whatsoever any of (5) Note: Map of the NEP area for the Sevier Counties, Tennessee, or of the the identified fishes, or parts thereof, pygmy madtom in the French Broad Holston River below the Cherokee Dam, that are taken or possessed in violation River and Holston River, Tennessee, Knox, Grainger, and Jefferson Counties, of paragraph (t)(2) of this section or in appears immediately following Tennessee. Based on its habitat violation of the applicable State fish and paragraph (m)(7) of this section. requirements, we do not expect this wildlife laws or regulations or the Act. 4. Amend § 17.85 by revising species to become established outside (iv) You may not attempt to commit, paragraph (a) introductory text and the this NEP area. However, if individuals solicit another to commit, or cause to be heading of paragraph (a)(1), and adding of this population move upstream or committed any offense defined in a new paragraph (b) to read as follows: downstream or into tributaries outside paragraph (t)(2) of this section. the designated NEP area, we would (3) What take is allowed in the NEP § 17.85 Special rules—invertebrates. presume that they came from the area? Take of this species that is (a) Seventeen mollusks in the reintroduced population. We would accidental and incidental to an Tennessee River. The species in the then amend this regulation to enlarge otherwise legal activity, such as following table comprise nonessential the boundaries of the NEP area to recreation (e.g., fishing, boating, wading, experimental populations (NEPs):

Common name Scientific name

Alabama lampmussel ...... Lampsilis virescens. birdwing pearlymussel ...... Lemiox rimosus. Catspaw (purple cat’s paw pearlymussel) ...... Epioblasma obliquata obliquata. clubshell ...... Pleurobema clava. cracking pearlymussel ...... Hemistena lata. Cumberland bean (pearlymussel) ...... Villosa trabalis. Cumberlandian combshell ...... Epioblasma brevidens. Cumberland monkeyface (pearlymussel) ...... Quadrula intermedia. dromedary pearlymussel ...... Dromus dromas. fine-rayed pigtoe ...... Fusconaia cuneolus. oyster mussel ...... Epioblasma capsaeformis. shiny pigtoe ...... Fusconaia cor. tubercled blossom (pearlymussel) ...... Epioblasma torulosa torulosa. turgid blossom (pearlymussel) ...... Epioblasma turgidula. Winged mapleleaf (mussel) ...... Quadrula fragosa. yellow blossom (pearlymussel) ...... Epioblasma florentina florentina. Anthony’s riversnail ...... Athearnia anthonyi.

(1) Where are these mollusks (b) Sixteen mollusks in the French nonessential experimental populations designated as NEPs? *** Broad and Holston Rivers. The species (NEPs): * * * * * in the following table comprise

Common name Scientific name

Appalachian monkeyface (pearlymussel) ...... Quadrula sparsa. birdwing pearlymussel ...... Lemiox rimosus. cracking pearlymussel ...... Hemistena lata. Cumberland bean (pearlymussel) ...... Villosa trabalis. Cumberlandian combshell ...... Epioblasma brevidens.

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Common name Scientific name

Cumberland monkeyface (pearlymussel) ...... Quadrula intermedia. dromedary pearlymussel ...... Dromus dromas. fanshell ...... Cyprogenia stegaria. fine-rayed pigtoe ...... Fusconaia cuneolus. orangefoot pimpleback (pearlymussel) ...... Plethobasus cooperianus. oyster mussel ...... Epioblasma capsaeformis. ring pink (mussel) ...... Obovaria retusa. rough pigtoe ...... Pleurobema plenum. shiny pigtoe ...... Fusconaia cor. white wartyback (pearlymussel) ...... Plethobasus cicatricosus. Anthony’s riversnail ...... Athearnia anthonyi.

(1) Where are these mollusks (ii) Another NEP area for 10 of these (iv) You may not attempt to commit, designated as NEPs? (i) The NEP area mollusks (Cumberland bean, solicit another to commit, or cause to be for these mollusks is within the species’ Cumberlandian combshell, Cumberland committed any offense defined in historical range and is defined as monkeyface, oyster mussel, birdwing paragraph (b)(2) of this section. follows: The French Broad River, Knox pearlymussel, cracking pearlymussel, (3) What take is allowed in the NEP and Sevier Counties, Tennessee, from dromedary pearlymussel, fine-rayed area? Take of these species that is the base of Douglas Dam (river mile pigtoe, shiny pigtoe, and Anthony’s accidental and incidental to an (RM) 32.3 (51.7 kilometers (km)) riversnail) is provided in paragraph (a) otherwise legal activity, such as downstream to the confluence with the of this section. recreation (e.g., fishing, boating, wading, Holston River; then up the Holston (iii) We do not intend to change the trapping, or swimming), forestry, River, Knox, Grainger, and Jefferson NEP designations to ‘‘essential agriculture, and other activities that are Counties, Tennessee, to the base of experimental,’’ ‘‘threatened,’’ or in accordance with Federal, State, and Cherokee Dam (RM 52.3 (83.7 km)); and ‘‘endangered’’ within the NEP area. local laws and regulations, is allowed. the lower 5 RM (8 km) of all tributaries Additionally, we will not designate that enter these river reaches. None of critical habitat for these NEPs, as (4) How will effectiverness of these the species identified in paragraph (b) provided by 16 U.S.C. 1539(j)(2)(C)(ii). reintroductions be monitored? After the are known to exist in any of the (2) What activities are not allowed in initial stocking of these species, we will tributaries to the free-flowing reaches of the NEP area? (i) Except as expressly monitor annually their presence or the French Broad River below Douglas allowed in paragraph (b)(3) of this absence and document any spawning Dam, Knox and Sevier Counties, section, all the prohibitions of § 17.31(a) behavior or young-of-the-year Tennessee, or of the Holston River and (b) apply to the mollusks identified individuals that might be present. This below the Cherokee Dam, Knox, in paragraph (b) of this section. monitoring will be conducted primarily Grainger, and Jefferson Counties, (ii) Any manner of take not described by snorkeling and will be accomplished Tennessee. Based on their habitat under paragraph (b)(3) of this section by contracting with the appropriate requirements, we do not expect these will not be allowed in the NEP area. We species experts. We will produce annual species to become established outside may refer the unauthorized take of these reports detailing the stocking rates and this NEP area. However, if any species to the appropriate authorities for monitoring activities that took place individuals are found upstream or prosecution. during the previous year. We will also downstream or into tributaries outside (iii) You may not possess, sell, fully evaluate these reintroduction the designated NEP area, we would deliver, carry, transport, ship, import, or efforts after 5 and 10 years to determine presume that they came from the export by any means whatsoever any of whether to continue or terminate the reintroduced populations. We would the identified mollusks, or parts thereof, reintroduction efforts. then amend paragraph (b)(1)(i) of this that are taken or possessed in violation (5) Note: Map of the NEP area in section to enlarge the boundaries of the of paragraph (b)(2) of this section or in Tennessee for the 16 mollusks listed in NEP area to include the entire range of violation of the applicable State fish and paragraph (b) of this section follows: the expanded population. wildlife laws or regulations or the Act. BILLING CODE 4310–55–P

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Dated: May 19, 2006. Matt Hogan, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 06–5233 Filed 6–12–06; 8:45 am] BILLING CODE 4310–55–C

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