Vol. 76 Tuesday, No. 192 October 4, 2011
Part II
Department of the Interior
Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Endangered Status for the Alabama Pearlshell, Round Ebonyshell, Southern Sandshell, Southern Kidneyshell, and Choctaw Bean, and Threatened Status for the Tapered Pigtoe, Narrow Pigtoe, and Fuzzy Pigtoe; with Critical Habitat; Proposed Rule
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DEPARTMENT OF THE INTERIOR December 5, 2011. We must receive Therefore, we request comments or requests for public hearings, in writing, information from the public, other Fish and Wildlife Service at the address shown in the ADDRESSES concerned governmental agencies, the section by November 18, 2011. scientific community, industry, or any 50 CFR Part 17 ADDRESSES: You may submit comments other interested parties concerning this [FWS–R4–ES–2011–0050; MO 92210–0– by one of the following methods: proposed rule. We particularly seek 0008–B2] (1) Electronically: Go to the Federal comments concerning: eRulemaking Portal: http://www. (1) Biological, commercial trade, or RIN 1018–AW92 regulations.gov. In the Keyword box, other relevant data concerning any Endangered and Threatened Wildlife enter Docket No. FWS–R4–ES–2011– threats (or lack thereof) to these species and Plants; Endangered Status for the 0050, which is the docket number for and regulations that may be addressing Alabama Pearlshell, Round this rulemaking. Then, in the Search those threats. Ebonyshell, Southern Sandshell, panel on the left side of the screen, (2) Additional information concerning Southern Kidneyshell, and Choctaw under the Document Type heading, the historical and current status, range, Bean, and Threatened Status for the click on the Proposed Rules link to distribution, and population size of any Tapered Pigtoe, Narrow Pigtoe, and locate this document. You may submit of these species, including the locations Fuzzy Pigtoe; With Critical Habitat a comment by clicking on ‘‘Send a of any additional populations. Comment or Submission.’’ (3) Any information on the biological AGENCY: Fish and Wildlife Service, (2) By hard copy: Submit by U.S. mail or ecological requirements of these Interior. or hand-delivery to: Public Comments species, and ongoing conservation ACTION: Proposed rule. Processing, Attn: FWS–R4–ES–2011– measures for the species and their 0050; Division of Policy and Directives habitat. SUMMARY: We, the U.S. Fish and Management; U.S. Fish and Wildlife (4) Current or planned activities in the Wildlife Service, propose to list the Service; 4401 N. Fairfax Drive, MS areas occupied by these species and Alabama pearlshell (Margaritifera 2042–PDM; Arlington, VA 22203. possible impacts of these activities on marrianae), round ebonyshell We will not accept e-mail or faxes. We these species. (Fusconaia rotulata), southern sandshell will post all comments on http://www. (Hamiota australis), southern (5) The reasons why we should or regulations.gov. This generally means kidneyshell (Ptychobranchus jonesi), should not designate habitat as ‘‘critical that we will post any personal and Choctaw bean (Villosa habitat’’ under section 4 of the Act (16 information you provide us (see the choctawensis) as endangered, and the U.S.C. 1531 et seq.) including whether Public Comments section below for tapered pigtoe (Fusconaia burkei), there are threats to these species from more information). narrow pigtoe (Fusconaia escambia), human activity, the degree of which can and fuzzy pigtoe (Pleurobema FOR FURTHER INFORMATION CONTACT: Don be expected to increase due to the strodeanum) as threatened, under the Imm, Field Supervisor, U.S. Fish and designation, and whether that increase Endangered Species Act of 1973, as Wildlife Service, Panama City, FL, Fish in threat outweighs the benefit of amended (Act). and Wildlife Office, 1601 Balboa designation such that the designation of These eight species are endemic to Avenue, Panama City, FL 32405; critical habitat may not be prudent. portions of the Escambia River, Yellow telephone 850–769–0552; facsimile (6) Specific information on: River, and Choctawhatchee River basins 850–763–2177. If you use a (a) The amount and distribution of of Alabama and Florida; and to telecommunications device for the deaf habitat for these eight mussels; localized portions of the Mobile River (TDD), call the Federal Information (b) What areas, that were occupied at Basin in Alabama. These mussel species Relay Service (FIRS) at 800–877–8339. the time of listing (or are currently have disappeared from other portions of SUPPLEMENTARY INFORMATION: This occupied) and that contain features their natural ranges primarily due to document consists of: (1) A proposed essential to the conservation of these habitat deterioration and poor water rule to list the Alabama pearlshell species, should be included in the quality as a result of excessive (Margaritifera marrianae), round designation and why; sedimentation and environmental ebonyshell (Fusconaia rotulata), (c) Special management contaminants. southern sandshell (Hamiota australis), considerations or protection that may be We are also proposing to designate southern kidneyshell (Ptychobranchus needed in critical habitat areas we are critical habitat under the Act for these jonesi), and Choctaw bean (Villosa proposing, including managing for the eight species. In total, approximately choctawensis) as endangered, and the potential effects of climate change; and 2,406 (kilometers (km) (1,495) miles tapered pigtoe (Fusconaia burkei), (d) What areas not occupied at the (mi)) of stream and river channels fall narrow pigtoe (Fusconaia escambia), time of listing are essential for the within the boundaries of the proposed and fuzzy pigtoe (Pleurobema conservation of these species and why. critical habitat designation. The strodeanum) as threatened; and (2) (7) Land use designations and current proposed critical habitat is located in proposed critical habitat designations or planned activities in the subject areas Bay, Escambia, Holmes, Jackson, for the Alabama pearlshell, round and their possible impacts on proposed Okaloosa, Santa Rosa, Walton, and ebonyshell, southern sandshell, critical habitat. Washington Counties, FL; and Barbour, southern kidneyshell, Choctaw bean, (8) Information on the projected and Bullock, Butler, Coffee, Conecuh, tapered pigtoe, narrow pigtoe, and fuzzy reasonably likely impacts of climate Covington, Crenshaw, Dale, Escambia, pigtoe. change on these species and proposed Geneva, Henry, Houston, Monroe, and critical habitat. Pike Counties, Alabama. Information Requested (9) Any probable economic, national These proposals, if made final, would We intend that any final action security, or other relevant impacts of implement Federal protection provided resulting from this proposed rule will be designating any area that may be by the Act. based on the best scientific and included in the final designation; in DATES: We will accept comments commercial data available and be as particular, any impacts on small entities received or postmarked on or before accurate and as effective as possible. or families, and the benefits of including
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or excluding areas that exhibit these Candidate species are assigned Listing southeastern United States is the hot impacts. Priority Numbers (LPNs) based on spot for mussel diversity. Seventy-five (10) Whether any specific areas we are immediacy and the magnitude of threat, percent of southeastern mussel species proposing for critical habitat as well as their taxonomic status. The are in varying degrees of rarity or designation should be considered for lower the LPN, the higher priority that possibly extinct (Neves et al. 1997, pp. exclusion under section 4(b)(2) of the species is for us to determine 47–51). The central reason for the Act, and whether the benefits of appropriate action using our available decline of freshwater mussels is the potentially excluding any specific area resources. In the 2004, 2005 (70 FR modification and destruction of their outweigh the benefits of including that 24870), 2006 (71 FR 53756), 2007 (72 FR habitat, especially from sedimentation, area under section 4(b)(2) of the Act. 69034), 2008 (73 FR 75176), 2009 (74 FR dams, and degraded water quality (11) Whether we could improve or 57869), and 2010 (75 FR 69221) Federal (Neves et al. 1997, p. 60; Bogan 1998, p. modify our approach to designating Register Candidate Notices of Review, 376). These eight mussels, like many critical habitat in any way to provide for the Alabama pearlshell, round other southeastern mussel species, have greater public participation and ebonyshell, and southern kidneyshell undergone reductions in total range and understanding, or to better were identified as LPN 2 candidate population density. accommodate public concerns and species; the narrow pigtoe, southern These eight species are all freshwater comments. sandshell, fuzzy pigtoe, and Choctaw bivalve mussels of the families Please note that submissions merely bean were identified as LPN 5 candidate Margaritiferidae and Unionidae. The stating support for or opposition to the species; and the tapered pigtoe was Alabama pearlshell is a member of the action under consideration without identified as an LPN 11 candidate family Margaritiferidae, while the round providing supporting information, species. In our Notices of Review, we ebonyshell, southern sandshell, although noted, will not be considered determined that publication of a southern kidneyshell, Choctaw bean, in making a determination, as section proposed rule to list these species was tapered pigtoe, narrow pigtoe, and fuzzy 4(b)(1)(A) of the Act directs that precluded by our work on higher pigtoe belong to the family Unionidae. determinations as to whether any priority listing actions. These eight These mussels are endemic to portions species is a threatened or endangered species were included in a listing of three Coastal Plain rivers that drain species must be made ‘‘solely on the petition filed by the Center for south-central and southeastern Alabama basis of the best scientific and Biological Diversity on April 20, 2010. and northwestern Florida: the Escambia commercial data available.’’ In a separate action, we found the (known as the Escambia River in Florida You may submit your comments and petition presented substantial and the Conecuh River in Alabama), the materials concerning this proposed rule information that the species may be Yellow, and the Choctawhatchee. All by one of the methods listed in warranted for listing. Because we have three rivers originate in Alabama and ADDRESSES. already made the equivalent 12-month flow across the Florida panhandle If you submit information via http:// finding on these species through our before emptying into the Gulf of Mexico, www.regulations.gov, your entire annual candidate assessment and notice and are entirely contained within the submission—including any personal process, we have also made a East Gulf Coastal Plain Physiographic identifying information—will be posted determination that the species warrant Region. The Alabama pearlshell is also on the Web site. If your submission is listing. Therefore, we have made the known from three locations in the made via a hardcopy that includes requisite findings with regards to the Mobile River Basin; however, only one personal identifying information, you April 20, 2010, petition. of those is considered to be currently may request at the top of your document occupied. that we withhold this information from Background General Biology public review. However, we cannot It is our intent to discuss only those guarantee that we will be able to do so. topics directly relevant to the listing of Freshwater mussels generally live We will post all hardcopy submissions the Alabama pearlshell, round embedded in the bottom of rivers, on http://www.regulations.gov. Please ebonyshell, southern sandshell, streams, and other bodies of water. They include sufficient information with your southern kidneyshell, and Choctaw siphon water into their shells and across comments to allow us to verify any bean as endangered; and the tapered four gills that are specialized for scientific or commercial information pigtoe, narrow pigtoe and fuzzy pigtoe respiration and food collection. Food you include. as threatened in this section of the items include detritus (disintegrated Comments and materials we receive, proposed rule. For information relevant organic debris), algae, diatoms, and as well as supporting documentation we to the designation of critical habitat, see bacteria (Strayer et al. 2004, pp. 430– used in preparing this proposed rule, ‘‘Critical Habitat’’ section below. 431). Adults are filter feeders and will be available for public inspection generally orient themselves on or near Introduction on http://www.regulations.gov, or by the substrate surface to take in food and appointment, during normal business North American freshwater mussel oxygen from the water column. hours, at the U.S. Fish and Wildlife fauna is the richest in the world and Juveniles typically burrow completely Service, Panama City, FL, Fish and historically numbered around 300 beneath the substrate surface and are Wildlife Office (see FOR FURTHER species (Williams et al. 1993, p. 6). pedal (foot) feeders (bringing food INFORMATION CONTACT). Freshwater mussels are in decline, particles inside the shell for ingestion however, and in the past century have that adhere to the foot while it is Previous Federal Actions become more imperiled than any other extended outside the shell) until the The Alabama pearlshell, round group of organisms (Williams et al. structures for filter feeding are more ebonyshell, southern sandshell, 2008, p. 55; Natureserve 2011). fully developed (Yeager et al. 1994, pp. southern kidneyshell, Choctaw bean, Approximately 66 percent of North 200–221; Gatenby et al. 1996, p. 604). tapered pigtoe, narrow pigtoe, and fuzzy America’s freshwater mussel species are Sexes in margaritiferid and unionid pigtoe were first identified as candidates considered vulnerable to extinction or mussels are usually separate. Males for protection under the Act in the May possibly extinct (Williams et al. 1993, p. release sperm into the water column, 4, 2004, Federal Register (69 FR 24876). 6). Within North America, the which females take in through their
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siphons during feeding and respiration. Natural History Museum (AUNHM), Escambia River drainages in south- Fertilization takes place inside the shell. Auburn, Alabama; and Florida Museum central Alabama (Johnson 1983, pp. The eggs are retained in the gills of the of Natural History (FLMNH), 299–304; Mirarchi et al. 2004, p. 40; female until they develop into mature Gainesville, FL. Williams et al. 2008, pp. 98–99). The larvae called glochidia. The glochidia of pearlshell is oblong and grows up to 95 Assessing Status most freshwater mussel species, millimeters (mm) (3.8 inches (in)) in including all eight species addressed in Assessing the state of a freshwater length. The outside of the shell this rule, have a parasitic stage during mussel population is challenging. We (periostracum) is smooth and shiny and which they must attach to the gills, fins, looked at trends in distribution (range) somewhat roughened along the or skin of a fish to transform into a and abundance (numbers), by posterior slope. The inside of the shell juvenile mussel. Depending on the comparing recent occurrence data to (nacre) is whitish or purplish and mussel species, females release historical data. One difficulty of moderately iridescent (refer to Johnson glochidia either separately, in masses investigating temporal trends in these 1983 for a full description). known as conglutinates, or in one large eight species is the lack of historical The Alabama pearlshell is one of five mass known as a superconglutinate. The collection data within the drainages, North American species in the family duration of the parasitic stage varies by particularly in the lower portion of the Margaritiferidae. The family is mussel species, water temperature, and main channels. Athearn (1964, p. 134) represented by only two genera, perhaps host fish species. When the noted the streams of western Florida Margaritifera (Schumacher 1816) and transformation is complete, the juvenile were inadequately sampled, particularly Cumberlandia (Ortmann 1912). In mussels drop from their fish host and the lower Choctawhatchee, Yellow, and Alabama, each genus is represented by sink to the stream bottom where, given the lower Escambia Rivers. Blalock- a single species. The spectaclecase suitable conditions, they grow and Herod et al. (2005, p. 2) stated that little (Cumberlandia monodonta) occurs in mature into adults. collecting effort had been expended in the Tennessee River Basin (Williams et the Choctawhatchee River drainage as al. 2008, pp. 94–95) and the Alabama Survey Data compared to other nearby river systems pearlshell occurs in the Escambia and Recent distributions are based on like the Apalachicola and Mobile River Alabama River basins in lower Alabama. surveys conducted from 1995 to 2011, drainages. This paucity of historical Prior to 1983, the Alabama pearlshell and historical distributions are based on occurrence data may create the was thought to be the same species as collections made prior to 1995. appearance of an increase in the number the Louisiana pearlshell (Margaritifera Historical distribution data from of localities or a larger range than hembeli Conrad 1838) (Simpson 1914; museum records and surveys dated historically; however, this is most likely Clench and Turner 1956), a species now between the late 1800s and 1994 are due to increased sampling efforts. We considered endemic to central sparse, and most of these species were also considered each species’ relative Louisiana. more than likely present throughout abundance in comparison to other The Alabama pearlshell typically their respective river basins. Knowledge mussel species with which they co- inhabits small headwater streams with of historical and current distribution occur. In addition, we relied on various mixed sand and gravel substrates, and abundance data were summarized published documents whose authors are occasionally in sandy mud, with slow to from Butler 1989; Williams et al. 2000 considered experts on these species. moderate current. Very little is known (unpublished), Blalock-Herod et al. These publications either described the about the life-history requirements of 2002, Blalock-Herod et al. 2005, status of these species or assigned a this species. However, Shelton (1995, p. Pilarczyk et al. 2006, and Gangloff and conservation ranking, and include 5 unpub. data) suggests that the Hartfield 2009). These studies represent Williams et al. 1993, Garner et al. 2004, Alabama pearlshell, as opposed to the a compilation of museum records and Blalock-Herod et al. 2005, and Williams Louisiana pearlshell, which occurs in recent status surveys conducted et al. 2008. large colonies, typically occurs in low between 1990 and 2007. We also used Most of the eight species have numbers. The Alabama pearlshell is also various other sources to identify the experienced a decline in populations believed to occur in male-female pairs. historical and current locations and numbers of individuals within Of the 68 Alabama pearlshell observed occupied by these species. These populations, but not all have by Shelton (1995, p. 5 unpub. data), 85 include surveys, reports, and field notes experienced a decline in range. Recent, percent occurred in pairs. Males were prepared by biologists from the Alabama targeted surveys for the Alabama always located upstream of the females Department of Conservation and Natural pearlshell and southern kidneyshell and were typically not more than 1 Resources, Marion, AL; Geological show a dramatic decline in historical meter (m) apart, and juveniles were Survey of Alabama, Tuscaloosa, AL; range. The southern sandshell, Choctaw usually found just a few inches apart. Florida Fish and Wildlife Conservation bean, narrow pigtoe, fuzzy pigtoe and The species is believed to be a long-term Commission, Gainesville, FL; U.S. tapered pigtoe still occur in much of brooder, where gravid females have Geological Survey, Gainesville, FL; their historical range; however, their been observed in December. The host Alabama Malacological Research Center, current range is fragmented and their fish and other aspects of its life history Mobile, AL; Troy University, Troy, AL; numbers appear to be declining. are currently unknown. Appalachian State University, Boone, Taxonomy, Life History, and Historically, the Alabama pearlshell NC; various private consulting groups; Distribution occurred in portions of the Escambia and the U.S. Fish and Wildlife Service, River drainage, and has also been Daphne, AL, and Panama City, FL. In Alabama Pearlshell reported from two systems in the addition, we obtained occurrence data The Alabama pearlshell (Margaritifera Alabama River drainage. The Alabama from the collection databases of the marrianae, Johnson 1983) is a medium- pearlshell’s known historical and Museum of Fluviatile Mollusks (MFM), sized freshwater mussel known from a current occurrences, by water body and Athearn collection; Auburn University few tributaries of the Alabama and county, are shown in Table 1 below.
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TABLE 1—KNOWN HISTORICAL AND CURRENT OCCURRENCES OF ALABAMA PEARLSHELL
Water body Drainage County State Historical or current
Big Flat Creek ...... Alabama ...... Monroe ...... AL ...... Historical and Current. Brushy Creek ...... Alabama ...... Monroe ...... AL ...... Historical. Limestone Creek ...... Alabama ...... Monroe ...... AL ...... Historical. Amos Mill Creek ...... Escambia ...... Conecuh ...... AL ...... Current. Autrey Creek ...... Escambia ...... Conecuh ...... AL ...... Historical. Beaver Creek ...... Escambia ...... Conecuh ...... AL ...... Historical. Bottle Creek ...... Escambia ...... Conecuh ...... AL ...... Historical and Current. Brushy Creek ...... Escambia ...... Conecuh ...... AL ...... Historical. Burnt Corn Creek ...... Escambia ...... Conecuh ...... AL ...... Historical and Current. Horse Creek ...... Escambia ...... Crenshaw ...... AL ...... Historical. Hunter Creek ...... Escambia ...... Conecuh ...... AL ...... Historical and Current. Jordan Creek ...... Escambia ...... Conecuh ...... AL ...... Historical and Current. Little Cedar Creek ...... Escambia ...... Conecuh ...... AL ...... Historical and Current. Murder Creek ...... Escambia ...... Conecuh ...... AL ...... Historical. Otter Creek ...... Escambia ...... Conecuh ...... AL ...... Historical and Current. Sandy Creek ...... Escambia ...... Conecuh ...... AL ...... Historical and Current.
The Amos Mill population, from this drainage. Also in 2010, Powell and Florida (Williams et al. 2008, p. discovered in 2010, represents a new and Ford reported 3 individuals, and 320). The round ebonyshell is round to record, and possibly the only known several relic shells, from Amos Mill oval in shape and reaches about 70 mm surviving population in the Sepulga Creek, in Escambia County, AL. This is (2.8 in.) in length. The shell is thick and River drainage. The Burnt Corn and the first report of the pearlshell from the outside is smooth and dark brown Otter Creek populations reaffirm this drainage, and county, and the first to black in color. The shell interior is historical records that had not been live individual from the Sepulga River white to silvery and iridescent reported in nearly 30 years. Two of the system in nearly 50 years. Little Cedar (Williams and Butler 1994, p. 61; Sandy Creek locations, discovered in Creek supported good numbers of Williams et al. 2008, p. 319). The round 2011, are new populations. Since the Alabama pearlshell in the late 1990’s ebonyshell was originally described by late 1990’s, more than 70 locations (54 individuals reported in 1998). B. H. Wright in 1899 and placed in the within the Alabama River Basin were However, during a qualitative search of genus Unio. Simpson (1900) reexamined surveyed for mollusks (McGregor et al. the same area in 2005, only two live the type specimen and assigned it to the 1999, pp. 13–14; Powell and Ford 2010 pearlshell were found (Powell 2005 genus Obovaria. Based on shell pers. obs.; Buntin 2011 pers. comm.; pers. obs.), and in 2006, three live characters, Williams and Butler (1994, Fobian 2011 pers. comm.), 35 of which pearlshells were observed (Johnson p. 61) recognized it as clearly a species were located in the Limestone and Big 2006 in litt.). Live Alabama pearlshell of the genus Fusconaia, and its Flat Creek drainages, and no live have not been observed in Hunter Creek placement in the genus is supported Alabama pearlshell were reported. The since 1998, when eight live individuals genetically (Lydeard et al. 2000, p. 149). last documented occurrence in Big Flat were reported (Shelton 1998 pers. Very little is known about the habitat Creek was a fresh dead individual comm.). During two visits to the stream requirements or life history of the round collected in 1995 (Shelton 1995, p. 3 in 1999, Shelton found no evidence of ebonyshell. It occurs typically in stable unpub. data), and the last reported the species (Shelton 1999 in litt.), and substrates of sand, small gravel, or occurrence in the Limestone Creek reported high levels of sedimentation. sandy mud in slow to moderate current. drainage was 1974 where Williams However, in 2005 the shells of three It is believed to be a short-term brooder, (2009 pers. comm.) reported it as fresh dead Alabama pearlshells were and gravid females have been observed common. Despite numerous visits, the reported from Hunter Creek, indicating in the spring and summer. The fish pearlshell has not been collected in this the persistence of the species in that host(s) for the round ebonyshell is system since 1974. A fresh dead drainage (Powell, pers. obs. 2005). currently unknown (Williams et al. Evidence suggests that much of the individual, collected by Shelton (1998), 2008, p. 320). rangewide decline of this species has represents the most recent record from The round ebonyshell is known only the Big Flat Creek drainage. occurred within the past few decades. Specific causes of the decline and from the main channel of the Escambia- Recent data suggest that, of the nine disappearance of the Alabama pearlshell Conecuh River and is the only mussel remaining populations, the largest from historical stream localities are species endemic to the drainage populations may occur in Little Cedar unknown. However, they are likely (Williams et al. 2008, p. 320). Due to and Otter Mill Creeks. In 2011, Fobian related to past and present land use recent survey data, its known range was and Pritchett reported new populations patterns. Many of the small streams extended downstream the Escambia at two locations in an unnamed historically inhabited by the Alabama River to near Mystic Springs in Florida tributary to Sandy Creek. Although this pearlshell are impacted to various (Shelton et al. 2007, p. 9 unpub. data), is not the first report from the Sandy degrees by nonpoint-source pollution. and upstream the Conecuh River to just Creek basin, it is, however, the first for above the Covington County line in the two unnamed tributaries. In 2010, Round Ebonyshell Alabama (Williams et al. 2008, p. 320). Buntin and Fobian (2011 pers. comm.) The round ebonyshell (Fusconaia The round ebonyshell’s known reported 10 live individuals from Otter rotulata, Wright 1899) is a medium- historical and current occurrences, by Creek. This is the first time since 1981 sized freshwater mussel endemic to the water body and county, are shown in that the pearlshell has been reported Escambia River drainage in Alabama Table 2 below.
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TABLE 2—KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE ROUND EBONYSHELL
Water body Drainage County State Historical or current
Conecuh River ...... Escambia ...... Escambia, Covington ...... AL ...... Historical and Current. Escambia River ...... Escambia ...... Escambia, Santa Rosa .... FL ...... Historical and Current.
The round ebonyshell has one of the River drainages in Alabama and Florida The southern sandshell is typically most restricted distributions of any (Williams et al. 2008, p. 338). The found in small creeks and rivers in North American unionid (Williams and southern sandshell is elliptical in shape stable substrates of sand or mixtures of Butler 1994, p. 61). Its current range and reaches about 83 mm (2.3 in.) in sand and fine gravel, with slow to (based on live individuals and shell length. Its shell is smooth and shiny, moderate current. It is a long-term material) is confined to approximately and greenish in color in young brooder, and females are gravid from 120 km (75 mi) of river channel. The specimens, becoming dark greenish late summer or autumn to the following round ebonyshell is also extremely rare brown to black with age, with many spring (Williams et al. 2008, p. 338). (Williams et al. 2008, p. 320). variable green rays. The shell interior is The southern sandshell is one of only Researchers collected a total of three bluish white and iridescent. Sexual four species that produce a live individuals during a 2006 status dimorphism is present as a slight superconglutinate to attract a host. A survey (Shelton et al. 2007, pp. 8–10 inflation of the posterioventral shell superconglutinate is a mass that mimics unpub. data). At stations where the margin of females (Williams and Butler the shape, coloration, and movement of species was present, roughly 950 1994, p. 97; Williams et al. 2008, p. a fish and is produced by the female mussels were collected for every 1 337). The southern sandshell (Hamiota mussel to hold the glochidia (larval round ebonyshell. Its limited australis) was originally described by C. mussels) from one year’s reproductive distribution and small population size T. Simpson (1900) as Lampsilis effort (Haag et al. 1995, p. 472). After makes round ebonyshell particularly australis. Heard (1979), however, release, the superconglutinate is vulnerable to catastrophic events such designated it as a species of Villosa. It tethered to the female mussel by a as droughts, flood scour, and was placed in the genus Hamiota by Roe mucus strand, and it appears to dart and contaminant spills. Due to its limited and Hartfield (2005, pp. 1–3) who swim in the current. Although the fish distribution and rarity, Garner et al. confirmed earlier published suggestions host for the southern sandshell has not (2004, p. 56) considered the round by Fuller and Bereza (1973, p. 53) and been identified, it likely uses predatory ebonyshell vulnerable to extinction, and O’Brien and Brim Box (1999, pp. 135– sunfishes such as basses, like other classified it as a species of highest 136) that this species and three others Hamiota species (Haag et al. 1995, p. conservation concern in Alabama. of the genus Lampsilis represent a 475; O’Brien and Brim Box 1999, p. 134; Williams et al. (1993, p. 11) considered distinct genus. This separation from Blalock-Herod et al. 2002, p. 1885). the round ebonyshell as endangered other Lampsilis is supported genetically The southern sandshell is endemic to throughout its range. (Roe et al. 2001, p. 2230). The new the Escambia River drainage in genus, Hamiota, is distinguished based Alabama, and the Yellow and Southern Sandshell on several characters including unique Choctawhatchee River drainages in The southern sandshell (Hamiota shape and placement of the marsupia Alabama and Florida (Blalock–Herod et australis, Simpson 1900) is a medium- (where females brood developing al. 2002, pp. 1882, 1884). The southern sized freshwater mussel known from the larvae), and production of a single large sandshell’s known historical and Escambia River drainage in Alabama, conglutinate, termed a current occurrences, by water body and and the Yellow and Choctawhatchee superconglutinate. county, are shown in Table 3 below.
TABLE 3—KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE SOUTHERN SANDSHELL
Water body Drainage County State Historical or current
Alligator Creek ...... Choctawhatchee ...... Washington ...... FL ...... Historical. Bruce Creek ...... Choctawhatchee ...... Walton ...... FL ...... Current. Choctawhatchee River ...... Choctawhatchee ...... Geneva ...... AL ...... Historical. Choctawhatchee River ...... Choctawhatchee ...... Holmes, Dale ...... FL, AL .... Historical and Current. Corner Creek ...... Choctawhatchee ...... Geneva ...... AL ...... Current. Double Bridges Creek ...... Choctawhatchee ...... Coffee ...... AL ...... Current. East Fork Choctawhatchee R...... Choctawhatchee ...... Henry ...... AL ...... Historical and Current. East Fork Choctawhatchee R...... Choctawhatchee ...... Dale ...... AL ...... Historical. Eightmile Creek ...... Choctawhatchee ...... Walton, Geneva ...... FL, AL .... Current. Flat Creek ...... Choctawhatchee ...... Geneva ...... AL ...... Current. Holmes Creek ...... Choctawhatchee ...... Holmes ...... FL ...... Historical. Jordan Creek ...... Choctawhatchee ...... Conecuh ...... AL ...... Current. Limestone Creek ...... Choctawhatchee ...... Walton ...... FL ...... Historical. Little Choctawhatchee River ...... Choctawhatchee ...... Dale, Houston ...... AL ...... Historical. Natural Bridge Creek ...... Choctawhatchee ...... Geneva ...... AL ...... Current. Patsaliga Creek ...... Choctawhatchee ...... Crenshaw ...... AL ...... Current. Pauls Creek ...... Choctawhatchee ...... Barbour ...... AL ...... Current. Pea Creek (Barbour Co.) ...... Choctawhatchee ...... Barbour ...... AL ...... Historical and Current. Pea Creek (Dale Co.) ...... Choctawhatchee ...... Dale ...... AL ...... Historical. Pea River ...... Choctawhatchee ...... Geneva, Barbour ...... AL ...... Historical. Pea River ...... Choctawhatchee ...... Coffee, Dale, Pike ...... AL ...... Historical and Current. Sikes Creek ...... Choctawhatchee ...... Barbour ...... AL ...... Current.
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TABLE 3—KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE SOUTHERN SANDSHELL—Continued
Water body Drainage County State Historical or current
Tenmile Creek ...... Choctawhatchee ...... Holmes ...... FL ...... Historical. West Fork Choctawhatchee R...... Choctawhatchee ...... Barbour, Dale ...... AL ...... Historical and Current. Whitewater Creek ...... Choctawhatchee ...... Coffee ...... AL ...... Historical. Wrights Creek ...... Choctawhatchee ...... Holmes ...... FL ...... Current. Burnt Corn Creek ...... Escambia ...... Escambia, Conecuh ...... AL ...... Historical. Conecuh River ...... Escambia ...... Pike ...... AL ...... Current. Conecuh River ...... Escambia ...... Covington, Crenshaw ...... AL ...... Historical. Little Patsaliga Creek ...... Escambia ...... Crenshaw ...... AL ...... Historical. Sepulga River ...... Escambia ...... Conecuh ...... AL ...... Historical. Five Runs Creek ...... Yellow ...... Covington ...... AL ...... Historical and Current. Pond Creek ...... Yellow ...... Okaloosa, Walton ...... FL ...... Historical. Shoal River ...... Yellow ...... Okaloosa ...... FL ...... Current. Yellow River ...... Yellow ...... Okaloosa ...... FL ...... Current. Yellow River ...... Yellow ...... Covington ...... AL ...... Historical and Current.
The southern sandshell persists in its (2004, p. 60), and considered threatened southern kidneyshell. It is typically historical range; however, its range is throughout its range by Williams et al. found in medium creeks to medium fragmented and numbers appear to be (1993, p. 11). rivers in firm sand substrates with slow declining (Williams et al. 2008, p. 338). Southern Kidneyshell to moderate current (Williams et al. The number of locations in the 2008, pp. 625). A recent status survey in Escambia drainage known to support The southern kidneyshell the Choctawhatchee basin in Alabama the species has declined. It is known (Ptychobranchus jonesi, van der Schalie found its preferred habitat to be stable from a total of nine locations, however, 1934) is a medium-sized freshwater substrates near bedrock outcroppings only three are recent occurrences. Also, mussel known from the Escambia and (Gangloff and Hartfield 2009, p. 25). The its numbers are very low; a total of four Choctawhatchee River drainages in southern kidneyshell is believed to be a individuals (live and shell material) Alabama and Florida, and the Yellow long-term brooder, with females gravid have been collected in the Escambia River drainage in Alabama (Williams et from autumn to the following spring or drainage since 1995. In the Yellow River al. 2008, p. 624). The southern summer. Preliminary reproductive drainage, the number of locations kidneyshell is elliptical and reaches studies found that females release their known to support southern sandshell about 72 mm (2.8 in.) in length. Its shell glochidia in small conglutinates that are populations has declined from a total of is smooth and shiny, and greenish bulbous at one end and tapered at the 15 to 10 currently. The number of yellow to dark brown or black in color, other (Alabama Aquatic Biodiversity sometimes with weak rays. The shell locations known to support the species Center 2006 unpub. data). Host fish for interior is bluish white with some in the Choctawhatchee River drainage the southern kidneyshell are currently iridescence (Williams and Butler 1994, has declined from 44 to 25 currently; unknown; however, darters serve as p. 126; Williams et al. 2008, p. 624). The and it may be extirpated from central primary glochidial hosts to other southern kidneyshell was described by portions of the Choctawhatchee River members of the genus Ptychobranchus main channel and from some of its H. van der Schalie (1934) as Lampsilis (Luo 1993, p. 16; Haag and Warren tributaries. Sedimentation could be one jonesi. Following the examination of 1997, p. 580). factor contributing to its decline. In gills of gravid females, Fuller and order to reproduce, the southern Bereza (1973, p. 53) determined it The southern kidneyshell is endemic sandshell must attract a site-feeding fish belonged in the genus Ptychobranchus. to the Escambia, Choctawhatchee, and to its superconglutinate lure. Waters When gravid, the marsupial gills form Yellow River drainages in Alabama and clouded by silt and sediment would folds along the outer edge, a Florida (Williams et al. 2008, p. 624), reduce the chance of this interaction characteristic unique to the genus but is currently known only from the occurring (Haag et al. 1995, p. 475). Ptychobranchus (Williams et al. 2008, p. Choctawhatchee drainage. The southern The southern sandshell is classified as 609). kidneyshell’s known historical and a species of highest conservation Very little is known about the habitat current occurrences, by water body and concern in Alabama by Garner et al. requirements or life history of the county, are shown in Table 4 below.
TABLE 4—KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE SOUTHERN KIDNEYSHELL
Water body Drainage County State Historical or current
Choctawhatchee River ...... Choctawhatchee ...... Dale ...... AL ...... Historical and Current. Choctawhatchee River ...... Choctawhatchee ...... Walton, Geneva ...... FL, AL .... Historical. East Fork Choctawhatchee R ...... Choctawhatchee ...... Dale, Henry ...... AL ...... Historical. Flat Creek ...... Choctawhatchee ...... Geneva ...... AL ...... Historical. Holmes Creek ...... Choctawhatchee ...... Washington ...... AL ...... Current. Pea River ...... Choctawhatchee ...... Geneva ...... AL ...... Current. Pea River ...... Choctawhatchee ...... Pike, Barbour ...... AL ...... Historical. Pea River ...... Choctawhatchee ...... Coffee, Dale ...... AL ...... Historical and Current. Sandy Creek ...... Choctawhatchee ...... Walton ...... FL ...... Historical. West Fork Choctawhatchee R ...... Choctawhatchee ...... Barbour ...... AL ...... Historical and Current. West Fork Choctawhatchee R ...... Choctawhatchee ...... Dale ...... AL ...... Historical. Whitewater Creek ...... Choctawhatchee ...... Coffee ...... AL ...... Historical.
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TABLE 4—KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE SOUTHERN KIDNEYSHELL—Continued
Water body Drainage County State Historical or current
Burnt Corn Creek ...... Escambia ...... Escambia ...... AL ...... Historical. Conecuh River ...... Escambia ...... Covington, Crenshaw ...... AL ...... Historical. Jordan Creek ...... Escambia ...... Conecuh ...... AL ...... Historical. Little Patsaliga Creek ...... Escambia ...... Crenshaw ...... AL ...... Historical. Patsaliga Creek ...... Escambia ...... Covington, Crenshaw ...... AL ...... Historical. Sepulga River ...... Escambia ...... Conecuh ...... AL ...... Historical. Hollis Creek ...... Yellow ...... Covington ...... AL ...... Historical.
Since 1995, the southern kidneyshell of highest conservation concern in rounded posteriorly, and sometimes has been detected at only 10 locations Alabama by Garner et al. (2004, p. 83), slightly more inflated (Athearn 1964, p. within the Choctawhatchee River and considered threatened throughout 137). The Choctaw bean was originally drainage. The species appears to have its range by Williams et al. (1993, p. 14) described by H. D. Athearn in 1964. been common historically (In 1964, H. Choctaw Bean Very little is known about the habitat D. Athearn collected 98 individuals at requirements or life history of the one site on the West Fork The Choctaw bean (Villosa Choctaw bean. It is found in large creeks Choctawhatchee), but it is currently choctawensis, Athearn 1964) is a small and small rivers in stable substrates of considered one of the most imperiled freshwater mussel known from the silty sand to sandy clay with moderate species in the United States (Blalock- Escambia, Yellow, and Choctawhatchee current. It is believed to be a long-term Herod et al. 2005, p. 16; Williams et al. River drainages of Alabama and Florida. 2008, p. 625). In addition to a reduction The oval shell of the Choctaw bean brooder, with females gravid from late in range, its population numbers also reaches about 49 mm (2.0 in.) in length, summer or autumn to the following appear to be very low. A 2006–2007 and is shiny and greenish-brown in summer. Its fish host is currently status survey in the Alabama portions of color, typically with thin green rays, unknown (Williams et al. 2008, p. 758). the Choctawhatchee basin found the though the rays are often obscured in The Choctaw bean is known from the southern kidneyshell was extremely darker individuals. The shell interior Escambia, Yellow, and Choctawhatchee rare. A total of 13 were encountered color varies from bluish white to smoky River drainages in Alabama and Florida alive, and the species comprised less brown with some iridescence (Williams (Williams et al. 2008, p. 758). The than 0.3 percent of the total mussel and Butler 1994, p. 100; Williams et al. Choctaw bean’s known historical and assemblage (Gangloff and Hartfield 2008, p. 758). The sexes are dimorphic, current occurrences, by water body and 2009, p. 249). It is classified as a species with females truncate or widely county, are shown in the table below.
TABLE 5—KNOWN HISTORICAL AND CURRENT OCCURRENCES FOR THE CHOCTAW BEAN
Water body Drainage County State Historical or current
Big Sandy Creek ...... Choctawhatchee ...... Bullock ...... AL ...... Current. Bruce Creek ...... Choctawhatchee ...... Walton ...... FL ...... Current. Choctawhatchee River ...... Choctawhatchee ...... Dale ...... AL ...... Current. Choctawhatchee River ...... Choctawhatchee ...... Holmes ...... AL ...... Historical. Choctawhatchee River ...... Choctawhatchee ...... Washington, Geneva ...... FL, AL .... Historical and Current. Claybank Creek ...... Choctawhatchee ...... Dale ...... AL ...... Current. East Fork Choctawhatchee R...... Choctawhatchee ...... Barbour ...... AL ...... Current. East Fork Choctawhatchee R...... Choctawhatchee ...... Henry ...... AL ...... Historical and Current. Flat Creek ...... Choctawhatchee ...... Geneva ...... AL ...... Current. Holmes Creek ...... Choctawhatchee ...... Washington ...... FL ...... Current. Judy Creek ...... Choctawhatchee ...... Dale ...... AL ...... Current. Limestone Creek ...... Choctawhatchee ...... Walton ...... FL ...... Current. Paul’s Creek ...... Choctawhatchee ...... Barbour ...... AL ...... Current. Pea Creek ...... Choctawhatchee ...... Barbour ...... AL ...... Current. Pea River ...... Choctawhatchee ...... Coffee ...... AL ...... Current. Pea River ...... Choctawhatchee ...... Geneva, Pike, Barbour ...... AL ...... Historical and Current. West Fork Choctawhatchee R...... Choctawhatchee ...... Dale ...... AL ...... Current. West Fork Choctawhatchee R...... Choctawhatchee ...... Pike, Barbour ...... AL ...... Historical and Current. Whitewater Creek ...... Choctawhatchee ...... Coffee ...... AL ...... Current. Wrights Creek ...... Choctawhatchee ...... Holmes ...... FL ...... Current. Conecuh River ...... Escambia ...... Crenshaw, Pike ...... AL ...... Current. Escambia River ...... Escambia ...... Santa Rosa ...... FL ...... Historical. Escambia River ...... Escambia ...... Escambia ...... FL ...... Historical and Current. Little Patsaliga Creek ...... Escambia ...... Crenshaw ...... AL ...... Historical. Murder Creek ...... Escambia ...... Conecuh ...... AL ...... Historical. Olustee Creek ...... Escambia ...... Pike ...... AL ...... Current. Patsaliga Creek ...... Escambia ...... Crenshaw ...... AL ...... Historical and Current. Pigeon Creek ...... Escambia ...... Butler ...... AL ...... Historical. Five Runs Creek ...... Yellow ...... Covington ...... AL ...... Historical and Current. Yellow River ...... Yellow ...... Okaloosa, Covington ...... FL, AL .... Historical and Current.
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The Choctaw bean persists in most of Williams et al. (1993, p. 14) considered however, this was dismissed based on its historical range. However, its the Choctaw bean as threatened the presence of sculpture on the shell. populations are fragmented and its throughout its range. Genetic analysis by Lydeard et al. (2000, numbers are low, particularly in the Tapered Pigtoe p. 149) determined it to be a sister taxon Escambia and Yellow drainages. The to Fusconaia escambia. Based on number of locations in the Escambia The tapered pigtoe (Fusconaia burkei, genetic results and soft anatomy River drainage known to support the Walker 1922) is a small to medium- similarity, Williams et al. (2008, p. 296) species has declined from a total of 13 sized mussel endemic to the recognized burkei as belonging to the to 6 currently. Also, its numbers within Choctawhatchee river drainage in genus Fusconaia. Alabama and Florida (Williams et al. the drainage are very low; a total of only The tapered pigtoe is found in small 10 individuals have been collected since 2008, p. 296). The elliptical to subtriangular shell of the tapered pigtoe to medium rivers in stable substrates of 1995. The number of locations known to sand, small gravel, or sandy mud, with support the Choctaw bean in the Yellow reaches about 75 mm (3.0 in.) in length, slow to moderate current (Williams et River drainage has declined from a total and is sculptured with plications al. 2008, p. 296). The reproductive of 7 to 4 currently. Since 1995, a total (parallel ridges) that radiate from the biology of the tapered pigtoe was of 28 individuals have been collected posterior ridge. In younger individuals, studied by White et al. (2008). It is a within the Yellow drainage. In the the shell exterior is greenish brown to short-term brooder, with females gravid Choctawhatchee River drainage, the yellowish brown in color, occasionally from mid-March to May. The blacktail Choctaw bean continues to persist in with faint dark-green rays, and with shiner (Cyprinella venusta) was found most areas. It is known from a total of pronounced sculpture often covering to serve as a host for tapered pigtoe 40 locations throughout the drainage, 34 the entire shell; in older individuals the glochidia in the preliminary host trial of which are recent occurrences. shell becomes dark brown to black with Heard assessed the status of the age and sculpture is often subtle. The (White et al. 2008, p. 122–123). Choctaw bean in 1975 (p. 17) and stated shell interior is bluish white (Williams The tapered pigtoe is endemic to the that it was formerly abundant in the et al. 2008, p. 295). The tapered pigtoe Choctawhatchee River drainage in main channel of the Choctawhatchee was described by B. Walker (1922) (in Alabama and Florida (Williams et al. River in Florida, but has become quite Ortmann and Walker) as Quincuncina 2008, p. 296). Its historical and current rare. Garner et al. (2004, p. 103) burkei, a new genus and species (the distribution includes several oxbow considered the Choctaw bean vulnerable genus description was done by A. E. lakes in Florida; some with a flowing to extinction due to its limited Ortmann and the species description by connection to main channel. The distribution and habitat degradation, Walker). In the description, Ortmann tapered pigtoe’s known historical and and classified it as a species of high noted the species had gill features current occurrences, by water body and conservation concern in Alabama. characteristic of the genus Fusconaia; county, are shown in the table below.
TABLE 6—KNOWN HISTORICAL AND CURRENT OCCURRENCES FOR THE TAPERED PIGTOE
Water body Drainage County State Historical or current
Bear Creek ...... Choctawhatchee ...... Houston ...... AL ...... Historical. Big Creek ...... Choctawhatchee ...... Barbour ...... AL ...... Current. Blue Creek ...... Choctawhatchee ...... Holmes ...... FL ...... Current. Bruce Creek ...... Choctawhatchee ...... Walton ...... FL ...... Current. Choctawhatchee River ...... Choctawhatchee ...... Dale ...... AL ...... Historical. Choctawhatchee River ...... Choctawhatchee ...... Washington, Walton, FL ...... Historical and Current. Holmes. Cowford Island channel ...... Choctawhatchee ...... Washington ...... FL ...... Historical and Current. Crawford Lake ...... Choctawhatchee ...... Washington ...... FL ...... Historical. Crews Lake ...... Choctawhatchee ...... Washington ...... FL ...... Current. East Fork Choctawhatchee R...... Choctawhatchee ...... Dale ...... AL ...... Historical. East Fork Choctawhatchee R...... Choctawhatchee ...... Henry ...... AL ...... Historical and Current. East Pittman Creek ...... Choctawhatchee ...... Holmes ...... FL ...... Historical and Current. Eightmile Creek ...... Choctawhatchee ...... Walton, Geneva ...... FL, AL .... Current. Flat Creek ...... Choctawhatchee ...... Geneva ...... AL ...... Historical and Current. Holmes Creek ...... Choctawhatchee ...... Washington, Holmes, Jack- FL ...... Historical and Current. son. Horseshoe Lake ...... Choctawhatchee ...... Washington ...... FL ...... Historical. Hurricane Creek ...... Choctawhatchee ...... Geneva ...... AL ...... Historical. Judy Creek ...... Choctawhatchee ...... Dale ...... AL ...... Current. Limestone Creek ...... Choctawhatchee ...... Walton ...... FL ...... Historical and Current. Little Choctawhatchee River ...... Choctawhatchee ...... Dale, Houston ...... AL ...... Historical. Panther Creek ...... Choctawhatchee ...... Houston ...... AL ...... Historical. Parrot Creek ...... Choctawhatchee ...... Holmes ...... FL ...... Current. Paul’s Creek ...... Choctawhatchee ...... Barbour ...... AL ...... Current. Pea Creek ...... Choctawhatchee ...... Barbour ...... AL ...... Current. Pea River ...... Choctawhatchee ...... Dale, Barbour ...... AL ...... Historical. Pea River ...... Choctawhatchee ...... Coffee, Pike ...... AL ...... Historical and Current. Pine Log Creek ...... Choctawhatchee ...... Washington, Bay ...... FL ...... Current. Sandy Creek ...... Choctawhatchee ...... Walton ...... FL ...... Current. Tenmile Creek ...... Choctawhatchee ...... Holmes ...... FL ...... Historical. West Fork Choctawhatchee R...... Choctawhatchee ...... Dale, Pike ...... AL ...... Historical. West Fork Choctawhatchee R...... Choctawhatchee ...... Barbour ...... AL ...... Historical and Current. West Pittman Creek ...... Choctawhatchee ...... Holmes ...... FL ...... Current.
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TABLE 6—KNOWN HISTORICAL AND CURRENT OCCURRENCES FOR THE TAPERED PIGTOE—Continued
Water body Drainage County State Historical or current
Wrights Creek ...... Choctawhatchee ...... Holmes ...... FL ...... Current.
The tapered pigtoe appears to be conservation concern in Alabama. The narrow pigtoe. It is found in creeks and absent from portions of its historical tapered pigtoe is considered threatened small to medium rivers in stable range and found only in isolated throughout its range by Williams et al. substrates of sand, sand and gravel, or locations (Blalock-Herod et al. 2005, p. (1993, p. 14). silty sand, with slow to moderate 17). The species is known from a total Narrow Pigtoe current. It is believed to be a short-term of 60 locations within the brooder, with females gravid during Choctawhatchee River drainage. It was The narrow pigtoe (Fusconaia spring and summer. The host fish for not detected at 11 historical sites escambia, Clench and Turner 1956) is a the narrow pigtoe is currently unknown examined during recent status surveys small to medium-sized mussel known (Williams et al. 2008, p. 317). The (9 additional historic locations were not from the Escambia River drainage in species is somewhat unusual in that it examined). Many of those historic Alabama and Florida, and the Yellow does tolerate a small reservoir occurrences are in the middle section of River drainage in Florida. The environment (Williams 2009 pers. the drainage, and the species appears to subtriangular to squarish shaped shell of comm.). Reproducing narrow pigtoe be declining in that portion of its range. the narrow pigtoe reaches about 75 mm populations were found recently in (3.0 in.) in length. The shell is The tapered pigtoe continues to persist some areas of Point A Lake and Gantt moderately thick and is usually reddish in isolated locations, mainly in the Lake reservoirs. brown to black in color. The shell Choctawhatchee River main channel in interior is white to salmon in color with The narrow pigtoe is endemic to the Florida and in the headwaters in iridescence near the posterior margin Escambia River drainage in Alabama Alabama. (Williams and Butler 1994, p. 77; and Florida, and to the Yellow River Due to its limited distribution, rarity, Williams et al. 2008, p. 316). The drainage in Florida (Williams et al. and habitat degradation, Garner et al. narrow pigtoe was originally described 2008, p. 317). The narrow pigtoe’s (2004, p. 105) consider the tapered by W.J. Clench and R.D. Turner in 1956. known historical and current pigtoe vulnerable to extinction, and Little is known about the habitat occurrences, by water body and county, classified it as a species of high requirements or life history of the are shown in Table 7 below.
TABLE 7—KNOWN HISTORICAL AND CURRENT OCCURRENCES FOR THE NARROW PIGTOE
Water body Drainage County State Historical or current
Bottle Creek ...... Escambia ...... Conecuh ...... AL ...... Historical. Burnt Corn Creek ...... Escambia ...... Conecuh ...... AL ...... Current. Conecuh River ...... Escambia ...... Pike ...... AL ...... Current. Conecuh River ...... Escambia ...... Escambia, Covington, Cren- AL ...... Historical and Current. shaw. Escambia River ...... Escambia ...... Escambia, Santa Rosa ...... FL ...... Historical and Current. Murder Creek ...... Escambia ...... Conecuh ...... AL ...... Historical. Panther Creek ...... Escambia ...... Butler ...... AL ...... Historical. Patsaliga Creek ...... Escambia ...... Covington, Crenshaw ...... AL ...... Current. Persimmon Creek ...... Escambia ...... Butler ...... AL ...... Current. Three Run Creek ...... Escambia ...... Butler ...... AL ...... Current. Yellow River ...... Yellow ...... Santa Rosa ...... FL ...... Historical. Yellow River ...... Yellow ...... Okaloosa ...... FL ...... Historical and Current.
The narrow pigtoe still occurs in extinction because of its limited to black in color. The shell interior is much of its historic range, but may be distribution, rarity, and susceptibility to bluish white, with slight iridescence extirpated from localized areas. In the habitat degradation, and classified it as near the margin (Williams and Butler Escambia drainage, the number of a species of highest conservation 1994, p. 90; Williams et al. 2008, p. locations that support the species has concern in Alabama. Williams et al. 573). The fuzzy pigtoe was described by declined from 32 to 24 currently. It was (1993, p. 11) considered the narrow B. H. Wright (1898) as Unio strodeanus. not detected at two historical sites pigtoe threatened throughout its range. Simpson (1900) reexamined the type examined recently (four historical sites specimen and reassigned it to the genus Fuzzy Pigtoe were not examined) in the drainage. In Pleurobema. The uniqueness of the the Yellow drainage, the number of sites The fuzzy pigtoe (Pleurobema fuzzy pigtoe has been verified by supporting narrow pigtoe populations strodeanum, Wright (1898) is a small to Williams et al. (2008, p. 574). has declined from four to three medium-sized mussel known from the The fuzzy pigtoe is found in medium currently. The species is rare in the Escambia, Yellow, and Choctawhatchee creeks and rivers in stable substrates of Yellow River drainage; a total of only 23 River drainages in Alabama and Florida sand and silty sand with slow to individuals from 3 locations have been (Williams et al. 2008, p. 574). The fuzzy moderate current. The reproductive collected since 1995. pigtoe is oval to subtriangular and biology of the fuzzy pigtoe was studied Garner et al. (2004, p. 55) considered reaches about 75 mm (3.0 in.) in length. by White et al. (2008, p. 122–123). It is the narrow pigtoe vulnerable to Its shell surface is usually dark brown a short-term brooder, with females
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gravid from mid-March to May. The The fuzzy pigtoe is endemic to the occurrences, by water body and county, blacktail shiner (Cyprinella venusta) Escambia, Yellow, and Choctawhatchee are shown in Table 8 below. was found to serve as a host for fuzzy River drainages in Alabama and Florida pigtoe glochidia in the preliminary (Williams et al. 2008, p. 574). The fuzzy study trial. pigtoe’s known historical and current
TABLE 8—KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE FUZZY PIGTOE
Water body Drainage County State Historical or current
Big Sandy Creek ...... Choctawhatchee ...... Bullock ...... AL ...... Current. Blue Creek ...... Choctawhatchee ...... Holmes ...... FL ...... Current. Choctawhatchee River ...... Choctawhatchee ...... Washington, Walton, FL, AL .... Historical and Current. Holmes, Geneva, Dale. Claybank Creek ...... Choctawhatchee ...... Dale ...... AL ...... Current. East Fork Choctawhatchee R...... Choctawhatchee ...... Dale ...... AL ...... Current. East Fork Choctawhatchee R...... Choctawhatchee ...... Henry ...... AL ...... Historical and Current. East Pittman Creek ...... Choctawhatchee ...... Holmes ...... FL ...... Current. Eightmile Creek ...... Choctawhatchee ...... Walton, Geneva ...... FL, AL .... Current. Flat Creek ...... Choctawhatchee ...... Geneva ...... AL ...... Current. Holmes Creek ...... Choctawhatchee ...... Holmes, Jackson ...... FL ...... Current. Holmes Creek ...... Choctawhatchee ...... Washington ...... FL ...... Historical and Current. Hurricane Creek ...... Choctawhatchee ...... Geneva ...... AL ...... Current. Judy Creek ...... Choctawhatchee ...... Dale ...... AL ...... Current. Limestone Creek ...... Choctawhatchee ...... Walton ...... FL ...... Historical. Little Choctawhatchee River ...... Choctawhatchee ...... Dale, Houston ...... AL ...... Historical. Panther Creek ...... Choctawhatchee ...... Houston ...... AL ...... Historical. Pauls Creek ...... Choctawhatchee ...... Barbour ...... AL ...... Current. Pea Creek ...... Choctawhatchee ...... Barbour ...... AL ...... Current. Pea River ...... Choctawhatchee ...... Pike, Barbour ...... AL ...... Current. Pea River ...... Choctawhatchee ...... Geneva, Coffee, Dale ...... AL ...... Historical and Current. Sandy Creek ...... Choctawhatchee ...... Walton ...... FL ...... Current. Steep Head Creek ...... Choctawhatchee ...... Coffee ...... AL ...... Current. unnamed trib. to Lindsey Cr...... Choctawhatchee ...... Barbour ...... AL ...... Current. Walnut Creek ...... Choctawhatchee ...... Pike ...... AL ...... Current. West Fork Choctawhatchee R...... Choctawhatchee ...... Dale, Barbour ...... AL ...... Historical and Current. West Pittman Creek ...... Choctawhatchee ...... Holmes ...... FL ...... Current. Wrights Creek ...... Choctawhatchee ...... Holmes ...... FL ...... Historical and Current. Bottle Creek ...... Escambia ...... Conecuh ...... AL ...... Historical and Current. Burnt Corn Creek ...... Escambia ...... Conecuh ...... AL ...... Historical and Current. Conecuh River ...... Escambia ...... Escambia, Covington, Cren- AL ...... Historical and Current. shaw, Pike. Escambia River ...... Escambia ...... Escambia, Santa Rosa ...... FL ...... Historical and Current. Jordan Creek ...... Escambia ...... Conecuh ...... AL ...... Current. Little Patsaliga Creek ...... Escambia ...... Crenshaw ...... AL ...... Historical and Current. Mill Creek ...... Escambia ...... Pike ...... AL ...... Historical. Murder Creek ...... Escambia ...... Conecuh ...... AL ...... Historical and Current. Patsaliga Creek ...... Escambia ...... Crenshaw ...... AL ...... Historical and Current. Persimmon Creek ...... Escambia ...... Butler ...... AL ...... Current. Pigeon Creek ...... Escambia ...... Covington ...... AL ...... Historical and Current. Sandy Creek ...... Escambia ...... Conecuh ...... AL ...... Historical. Sepulga River ...... Escambia ...... Conecuh ...... AL ...... Historical. Yellow River ...... Yellow ...... Covington ...... AL ...... Historical. Yellow River ...... Yellow ...... Okaloosa ...... FL ...... Historical and Current.
Within the Escambia River drainage, and the species may no longer occur in The fuzzy pigtoe is considered the fuzzy pigtoe is historically known the Alabama portions of the drainage. In vulnerable to extinction because of its from a total of 38 locations. It is the Choctawhatchee River drainage, the limited distribution and dwindling currently known from 20 of these number of locations that support fuzzy habitat by Garner et al. (2004, p. 101), locations, however, its status in the pigtoe populations has declined from 61 who classified it as a species of high Escambia drainage is difficult to assess to 54. At one site on Limestone Creek, conservation concern in Alabama. as 15 of the 18 remaining historical sites a once abundant population may have Williams et al. (1993, p. 11) considered have not be surveyed since 1995. The disappeared: A total of 56 individuals the fuzzy pigtoe a species of special fuzzy pigtoe is exceedingly rare in the was collected in 1988; only 3 were concern throughout its range. Yellow River drainage, where it is collected in 1993 by the same collector; Summary of Factors Affecting the known from a total of only five and none were collected during site Species localities. A single individual collected visits at the same location in 1996 and Section 4 of the Act and its in 2010 in the Florida portion of the 2011. Although the species still occurs implementing regulations at 50 CFR part main channel is the only recent record in much of its historic range in the 424, set forth the procedures for adding of the species in the drainage. Its range drainage, it may be extirpated from species to the Federal List of in the Yellow drainage has declined, localized areas. Endangered and Threatened Wildlife
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and Plants. Under section 4(a)(1) of the underwater surfaces); affect respiration, In 2009–2010, The Nature Act, we may list a species based on any growth, reproductive success, and Conservancy completed an inventory of the following five factors: (A) The behavior of aquatic insects and mussels; and prioritization of impaired sites in present or threatened destruction, and affect fish growth, survival, and the Yellow River watershed in Alabama modification, or curtailment of its reproduction (Waters 1995, pp. 173– and Florida (Herrington et al., in prep.). habitat or range; (B) overutilization for 175). Heavy sediment loads can destroy The study identified and quantified the commercial, recreational, scientific, or mussel habitat, resulting in a impacts of unpaved road crossings and educational purposes; (C) disease or corresponding shift in mussel fauna streambank instability and erosion predation; (D) the inadequacy of (Brim Box and Mossa 1999, p. 100). within the river corridor and riparian existing regulatory mechanisms; and (E) Excessive sedimentation can lead to zone, to assess impairments that could other natural or manmade factors rapid changes in stream channel impact the five species occurring in the affecting its continued existence. Listing position, channel shape, and bed drainage. A total of 339 unpaved roads actions may be warranted based on any elevation (Brim Box and Mossa 1999, p. and approximately 209 river miles of of the above threat factors, singly or in 102). Sedimentation has also been mainstem and tributaries were assessed combination. Each of these factors is shown to impair the filter feeding ability using standardized methods. Out of discussed below. of mussels. When in high silt these, 409 sites ranked ‘‘High’’ or A. The Present or Threatened environments, mussels may keep their ‘‘Moderate’’ in risk of excessive Destruction, Modification, or valves closed more often, resulting in sedimentation according to the Curtailment of Its Habitat or Range reduced feeding activity (Ellis 1936, p. Sediment Risk Index. Many of the 30); and high amounts of suspended impaired sites (149) were located The habitats of freshwater mussels are sediments can dilute their food source upstream of known mussel locations. In vulnerable to water quality degradation (Dennis 1984, p. 212). Increased addition, habitat conditions were and habitat modification from a number turbidity from suspended sediment can characterized at 44 known mussel of activities associated with modern reduce or eliminate juvenile mussel locations; the sites were scored civilization. The primary cause of the recruitment (Negus 1966, p. 525; Box numerically and rated as poor, fair, decline of these eight mussels has been and Mossa 1999, pp. 101–102). Many good, or excellent. The majority of the the modification and destruction of mussel species use visual cues to attract mussel sites were assessed to be either their stream and river habitat, with host fishes; such a reproductive strategy fair or poor. Most of these locations sedimentation as the leading cause. depends on clear water. For example, were within the vicinity of bridge Their stream habitats are subject to increased turbidity may impact the crossings and boat ramps and several, pollution and alteration from a variety southern sandshell life cycle by particularly in the Shoal River in of sources including adjacent land use reducing the chance that a sight-feeding Florida, were directly downstream of activities, effluent discharges, and host fish will encounter the visual highly impaired unpaved road and river impoundments. Nonpoint-source pollution from land display of its superconglutinate lure corridor sites. In summary, the study surface runoff originates from virtually (Haag et al. 1995, p. 475; Blalock-Herod found the threat of sedimentation and all land use activities and includes et al. 2002, p. 1885). If the habitat degradation is high throughout sediments, fertilizer, herbicide and superconglutinate is not encountered by the Yellow River watershed with over pesticide residues; animal wastes; septic a host within a short time period, the 75 percent of sites assessed exhibiting tank leakage and gray water discharge; glochidia will become nonviable high or moderate risk, and the majority and oils and greases. Current activities (O’Brien and Brim Box 1999, p. 133). of known mussel locations impaired. and land uses that can negatively affect Also, evidence suggests that Potential sediment sources within a populations of these eight mussels conglutinates of the southern watershed include virtually any activity include unpaved road crossings, kidneyshell, once released from the that disturbs the land surface. Current improper silviculture and agriculture female mussel, must adhere to hard sources of sand, silt, and other sediment practices, highway construction, surfaces in order to be seen by its fish accumulation in south-central Alabama housing developments, pipeline host. If the surface becomes covered in and western Florida stream channels crossings, and cattle grazing. These fine sediments, the conglutinate cannot include unpaved road runoff, activities can result in physical attach and is swept away (Hartfield and agricultural lands, timber harvest, disturbance of stream substrates or the Hartfield 1996, p. 373). livestock grazing, and construction and riparian zone, excess sedimentation and Biologists conducting mussel surveys other development activities (Williams nutrification, decreased dissolved within the drainages have reported and Butler 1994, p. 55; Bennett 2002, p. oxygen concentration, increased acidity observations of excessive sedimentation 5 and references therein; Hoehn 1998, and conductivity, and altered flow. in the streams and rivers of the three pp. 46–47 and references therein). The Limited range and low numbers make basins. While searching for the Alabama Choctawhatchee, Pea, and Yellow these eight mussels vulnerable to land pearlshell in headwater streams of the Rivers Watershed Management Plan use changes that would result in Conecuh and Alabama drainages, D. N. (CPYRWMP) and the Conecuh– increases in nonpoint-source pollution. Shelton (1996, pp. 1–5 in litt.) reported Sepulga–Blackwater Rivers Watershed Sedimentation is one of the most many streams within the study area had Protection Plan (CSBRWPP) document significant pollution problems for experienced heavy siltation, and that all water quality impairments to the aquatic organisms (Williams and Butler species of mollusks appeared to be Alabama portions of the watersheds. 1994, p. 55), and has been determined adversely affected. M. M. Gangloff Both plans identify elevated levels of to be a major factor in mussel declines (Gangloff and Hartfield 2009, p. 253) sediment as one of the primary causes (Ellis 1936, pp. 39–40). Impacts observed large amounts of sand and silt of impairment (CPYRWMP, p. 156; resulting from sediments have been in the mainstem Pea and CSBRWPP, p. 110). In the noted for many components of aquatic Choctawhatchee rivers during a 2006– Choctawhatchee and Yellow river communities. For example, sediments 2007 survey, and considered this a drainages, four out of the nine streams have been shown to abrade or suffocate possible reason for the decline of in which sediment loads were periphyton (organisms attached to mussels in the drainage. calculated by the Geological Survey of
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Alabama had significant sediment mussel experts often report chemical bodies are placed on the State’s 303(d) impairment (CPYRWMP, p. 157). In contaminants as factors limiting to list, and a total maximum daily load Alabama, runoff from unpaved roads unionids (Richter et al. 1997, pp. 1081– (TMDL) must be developed for the and roadside gullies is considered the 1093). They note high sensitivity of pollutant of concern. A TMDL is an main source of sediment transported early life stages to contaminants such as estimate of the total load of pollutants into the streams of the drainages chlorine (Wang et al. 2007 pp. 2039– that a segment of water can receive (Bennett 2002, p. 5 and references 2046), metals (Keller and Zam 1991, p. without exceeding applicable water therein; CPYRWMP, p. 145). Unpaved 542; Jacobson et al. 1993, pp. 879–883), quality criteria. Alabama’s 303(d) list roads are constructed primarily of sandy ammonia (Augspurger et al. 2003, pp. identifies a total of 25 impaired stream materials and are easily eroded and 2571–2574; Wang et al. 2007 pp. 2039– segments within the Escambia, Yellow, transported to stream corridors. In 2046), and pesticides (Bringolf et al. and Choctawhatchee River basins that addition, certain silvicultural and 2007a,b pp. 2089–2092, pp. 2096–2099). either support populations of the eight agricultural activities cause erosion, Pesticide residues from agricultural, species or that flow into streams that riparian buffer degradation, and residential, or silvicultural activities support them. The list identifies metals increased sedimentation. Uncontrolled enter streams mainly by surface runoff. (mercury and lead), organic enrichment, access to small streams by cattle can Agricultural crops locally grown within pathogens, siltation, excess nutrients, or result in destruction of riparian the range of these mussels associated unknown toxicity as reasons for vegetation, bank degradation and with high pesticide use include cotton, impairment (ADEM 2010a, pp. 4–8). erosion, and localized sedimentation of peanuts, corn, and soybeans. Chlorine, Various potential point and non-point stream habitats. metals, and ammonia are common pollution sources are identified, such as Land surface runoff also contributes constituents in treated effluent from atmospheric deposition, pasture grazing, nutrients (for example, nitrogen and municipal and industrial wastewater feedlots, municipal, industrial, urban phosphorus from fertilizers, sewage, and treatment facilities. A total of 62 runoff, agriculture, and land animal manure) to rivers and streams, municipal and 39 industrial wastewater development. Florida’s 303(d) list causing them to become eutrophic. treatment facilities are permitted in identifies a total of 22 impaired stream Excessive nutrient input stimulates Alabama and Florida to discharge segments within the basins that either excessive plant growth (algae, treated effluent into surface waters of support populations of seven of the periphyton attached algae, and nuisance the three river drainages (FDEP 2010b; species (the Alabama pearlshell does plants). This enhanced plant growth can ADEM 2010c). not occur in Florida) or that flow into cause dense mats of filamentous algae States maintain water-use streams that support them. The list that can expose juvenile mussels to classifications through issuance of identifies coliform bacteria, low entrainment or predation and be National Pollutant Discharge dissolved oxygen (nutrients), and detrimental to the survival of juvenile Elimination System (NPDES) permits to mercury (in fish tissue) as reasons for mussels (Hartfield and Hartfield 1996, industries, municipalities, and others inclusion (FDEP 2010a, pp. 4–6). p. 373). Excessive plant growth can also that set maximum limits on certain While the negative effects of point- reduce dissolved oxygen in the water pollutants or pollutant parameters. The source discharges on aquatic when dead plant material decomposes. Alabama Department of Environmental communities in Alabama and Florida In a review of the effects of Management (ADEM) has designated the have been reduced over time by eutrophication on mussels, Patzner and water use classification for most compliance with State and Federal Muller (2001, p. 329) noted that portions of the Escambia, Yellow, and regulations pertaining to water quality, stenoecious (narrowly tolerant) species Choctawhatchee Rivers as ‘‘Fish and there has been less success in dealing disappear as waters become more Wildlife’’ (F&W), and a few portions with nonpoint-source pollution impacts. eutrophic. They also refer to studies that (mostly lakes) as ‘‘Swimming’’ (S). The Because these contaminant sources stem associate increased levels of nitrate with F&W designation establishes minimum from urban surface runoff, private the decline and absence of juvenile water quality standards that are believed landowner activities (construction, mussels (Patzner and Muller 2001, pp. to protect existing species and water grazing, agriculture, silviculture), and 330–333). Filamentous algae may also uses like fishing and recreation within public construction works (bridge and displace certain species of fish, or the designated area, while the S highway construction and otherwise affect fish–mussel classification establishes higher water maintenance), they are often more interactions essential to recruitment (for quality standards that are protective of difficult to regulate. example, Hartfield and Hartfield 1996, human contact with the water. The The damming of rivers has been a p. 373). Nutrient sources include Florida Department of Environmental major factor contributing to the demise fertilizers applied to agricultural fields Protection (FDEP) classifies all three of freshwater mussels (Bogan 1993, p. and lawns, septic tanks, and municipal river drainages as Class III waters. The 604). Dams eliminate or reduce river wastewater treatment facilities. Class III designation establishes flow within impounded areas, trap silts Because of their sedentary minimum water quality standards that and cause sediment deposition, alter characteristics, mussels are extremely are believed to protect species and uses water temperature and dissolved oxygen vulnerable to toxic effluents (Sheehan et such as recreation. The Choctawhatchee levels, change downstream water flow al. 1989, pp. 139–140; Goudreau et al. and Shoal Rivers are also designated as and quality, affect normal flood 1993, pp. 216–227; Newton 2003, p. Outstanding Florida Waters (OFW) by patterns, and block upstream and 2543). Descriptions of localized the State of Florida. The designation downstream movement of mussels and mortality have been provided for prevents the discharge of pollutants, their host fishes (Bogan 1993, p. 604; chemical spills and other discrete point- which would lower existing water Vaughn and Taylor 1999, pp. 915–917; source discharges; however, rangewide quality or significantly degrade the Watters 1999, pp. 261–264; McAllister decreases in mussel density and OFW. et al. 2000, p. iii; Marcinek et al. 2005, diversity may result from the more Section 303(d) of the Clean Water Act pp. 20–21). Below dams, mollusk insidious effects of chronic, low-level requires States to identify waters that do declines are associated with changes contamination (Newton 2003, p. 2543, not fully support their designated use and fluctuation in flow regime, scouring Newton et al. 2003, p. 2554). Freshwater classification. These impaired water and erosion, reduced dissolved oxygen
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levels, water temperatures, and changes which alters the normal temperature commercial mussel species. Although in resident fish assemblages (Williams cycle downstream (Williams et al. 2000 the eight species have been taken for et al. 1993, p. 7; Neves et al. 1997, pp. unpub. data). scientific and private collections in the 63–64; Watters 1999, pp. 261–264; The potential exists for more dams to past, collecting is not considered a Marcinek et al. 2005, pp. 20–21). be constructed within the three factor in the decline of these species. Because rivers are linear systems, these drainages, and at least four additional Such activity may increase as their alterations can cause mussel declines impoundments are proposed. These rarity becomes known; however, we for many miles below the dam (Vaughn include proposed impoundments on have no specific information indicating and Taylor 1999, p. 916). Murder Creek and Big Escambia Creek that overcollection is currently a threat. Three significant mainstem in the Escambia drainage in Alabama, Therefore, we find that overutilization impoundments are situated within the the Yellow River mainstem in Florida, for commercial, recreational, scientific, three drainages, all in Alabama. and the Little Choctawhatchee River in or educational purposes is not a threat Constructed in 1923 for hydroelectric Alabama. These proposed projects have to the eight mussels at this time. power generation, Point A Lake and implications for the populations of all Gantt Lake dams are located on the eight species. Given projected C. Disease or Predation mainstem of the Conecuh River in population increases and the need for Diseases of freshwater mussels are Covington County, AL. Combined, these municipal water supply, other proposals poorly known, and we have no specific two dams impound approximately 3,400 for impoundment construction are information indicating that disease acres at normal pool. Both expected in the future. poses a threat to populations of these impoundments have limited storage In summary, the loss of habitat and eight species. Juvenile and adult capacity and are operated as modified range from various forms of pollution mussels are prey items for some run-of-river projects with daily peaking. and impoundments is a significant invertebrate predators and parasites (for For example, when inflows to Gantt are threat to the continued existence of example, nematodes and mites), and greater than 1,500 cubic feet per second these eight species. Degradation from provide prey for a few vertebrate species (cfs), the outflow matches the inflow at sedimentation and contaminants (for example, raccoons, muskrats, otters, Point A. However, during the summer threatens the habitat and water quality and turtles) (Hart and Fuller 1974, months, when inflows can fall below necessary to support these species pp. 225–240). However, we have no 1,500 cfs, a portion of the inflow may throughout their entire range. evidence of any specific declines in be stored and released when power Sedimentation can cause mortality by these species due to predation. generation is in high demand. suffocation, impair the ability to feed, Therefore, diseases and predation of Regardless of the inflow, Point A Dam respire, and reproduce; and destabilize freshwater mussels remain largely has a minimum continuous discharge substrate. Contaminants associated with unstudied and are not considered a requirement of 500 cfs and a municipal and industrial effluents threat to the eight mussels at this time. (metals, ammonia, chlorine) and with requirement to meet a dissolved oxygen D. The Inadequacy of Existing agriculture and silviculture (pesticides) level of no less than 4.0 milligram per Regulatory Mechanisms liter (mg/l). are lethal to mussels particularly to the The Elba Dam on the Pea River highly sensitive early life stages. The There is no information on the mainstem in Alabama was constructed effects of impoundments are more sensitivity of the Alabama pearlshell, in 1903 for power generation, but is no discreet, but can cause severe round ebonyshell, southern kidneyshell, longer in use. The dam does not store alternations to mussel habitat both southern sandshell, Choctaw bean, water, so outflow basically equals upstream and downstream of the dam, tapered pigtoe, narrow pigtoe, or fuzzy inflow. The Elba Dam does not have a and can impair dispersal and breeding pigtoe to aquatic pollutants. Current reservoir, only a widened channel, ability. While recent surveys for these State and Federal regulations regarding which is roughly one and a half to two species have documented several new pollutants are designed to be protective times wider above the dam than below. populations, they have also documented of aquatic organisms; however, Channel scour (deepening of the a decline in (and the loss of) many of freshwater mussels may be more streambed as a result of erosion) is the known populations due to human susceptible to some pollutants than test occurring downstream of the Elba Dam impact. Therefore, we have determined organisms commonly used in bioassay (Williams 2010 pers. comm.). All three that the present or threatened tests. A multitude of bioassay tests dams are barriers to fish migration and destruction, modification, or conducted on 16 mussel species to the movement of mussel host species. curtailment of habitat and range is a (summarized by Augspurger et al. 2007, By blocking fish movement, the dams threat of high magnitude to the Alabama pp. 2025–2028), show that freshwater prevent gene exchange between pearlshell, round ebonyshell, southern mussels are more sensitive than upstream and downstream mussel kidneyshell, southern sandshell, and previously known to some chemical populations. The three dams currently Choctaw bean; and a threat of moderate contaminants including chlorine, separate populations of southern magnitude to the tapered pigtoe, narrow ammonia, copper, the pesticides sandshell, southern kidneyshell, pigtoe, and fuzzy pigtoe. This threat is chlorothalonil and glyphosate, and the Choctaw bean, tapered pigtoe, and fuzzy current (as evidenced by population surfactant MON 0818. For example, pigtoe. In addition, two smaller declines) and is projected to continue several recent studies have impoundments are located on tributary and increase into the future with demonstrated that U.S. Environmental streams. Lake Frank Jackson is situated additional anthropogenic pressures. Protection Agency (EPA) criteria for on Lightwood Knot Creek, a tributary to ammonia may not be protective of the Yellow River in Covington County, B. Overutilization for Commercial, freshwater mussels (Augspurger et al. Alabama; and Lake Tholocco, on Recreational, Scientific, or Educational 2003, p. 2571; Newton et al. 2003, Claybank Creek, is a tributary to the Purposes pp. 2559–2560; Mummert et al. 2003, Choctawhatchee River in Dale County, None of the eight mussels are pp. 2548–2552). AL. Waters released from these shallow commercially valuable species, and the Ammonia is an important aquatic impoundments can have extremely streams and rivers that they inhabit are pollutant because of its relatively high elevated temperatures in summer, not subject to harvesting activities for toxicity and common occurrence in
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riverine systems. This has application to E. Other Natural or Manmade Factors causes of mortality in the species is due the expected sources of these chemicals Affecting Its Continued Existence to stranding by extreme low water. in the environment. Significant sources There is a growing concern that Random Catastrophic Events of nutrient enrichment leading to climate change may lead to increased elevated ammonia include industrial The Gulf coastal region is prone to frequency of severe storms and droughts wastewater, municipal wastewater extreme hydrologic events. Extended (McLaughlin et al. 2002, p. 6074; treatment plant effluents, and urban and droughts result from persistent high- Golladay et al. 2004, p. 504; Cook et al. agricultural runoff (chemical fertilizers pressure systems, which inhibit 2004, p. 1015). Specific effects of and animal wastes) (Augspurger et al. moisture from the Gulf of Mexico from climate change to mussels, their habitat, 2007, p. 2026). Elevated copper in reaching the region (Jeffcoat et al. 1991, and their fish hosts could include surface waters can result from natural p. 163–170). Warm, humid air from the changes in stream temperature regimes, runoff sources, but is more often Gulf of Mexico can produce strong the timing and levels of precipitation associated with a private or municipal frontal systems and tropical storms causing more frequent and severe floods wastewater effluent. Pesticide residues resulting in heavy rainfall and extensive and droughts, and alien species enter streams from agricultural, flooding (Jeffcoat et al. 1991, p. 163– introductions. Increases in temperature residential, or silvicultural runoff. 170). Although floods and droughts are and reductions in flow may also lower Environmental chlorine concentrations a natural part of the hydrologic dissolved oxygen levels in interstitial will most often be associated with a processes that occur in these river habitats which can be lethal to juveniles point source discharge such as a systems, these events may contribute to (Sparks and Strayer 1998, pp. 131–133). Effects to mussel populations from these municipal wastewater treatment facility. the further decline of mussel populations suffering the effects of other environmental changes could include As indicated in the Factor A threats. reduced abundance and biomass, discussion above, sedimentation is During high flows, flood scour can altered species composition, and host considered the most significant threat to fish considerations (Galbraith et al. these eight species. Best Management dislodge mussels where they may be injured, buried, swept into unsuitable 2010, pp. 1180–1182). The present Practices (BMPs) for sediment and habitats, or stranded and perish when conservation status, complex life erosion control are often recommended flood waters recede (Vannote and histories, and specific habitat or required for construction projects, Minshall 1982, p. 4105; Tucker 1996, requirements of freshwater mussels however, compliance, monitoring, and suggest that they may be quite sensitive p. 435; Hastie et al. 2001, pp. 107–115; enforcement of these recommendations to climate change (Hastie et al. 2003, Peterson et al. 2011, unpaginated). are often poorly implemented. Although p. 45). Heavy spring rains in 2009 resulted in unpaved roads likely contribute the The linear nature of their habitat, severe flooding in the basins that majority of sediment to the river basins, reduced range, and small population destroyed numerous stream crossings. other sources including forestry, row sizes make these eight mussels crops, and construction contribute to During drought, stream channels may vulnerable to contaminant spills. Spills the total sediment load. become disconnected pools where as a result of transportation accidents mussels are exposed to higher water States are required under the Clean are a constant, potential threat as temperatures, lower dissolved oxygen numerous highways and railroads cross Water Act to establish a TMDL for the levels, and predators; or channels may pollutants of concern that the water the stream channels of the basins. Also, become dewatered entirely. Johnson et more than 400 oil wells are located body can receive without exceeding the al. (2001, p. 6) monitored mussel applicable standard (see discussion within Conecuh and Escambia Counties, responses during a severe drought in Alabama. In Conecuh County, most of under Factor A). However, the Federal 2000 in tributaries of the Lower Flint Clean Water Act is not fully utilized in these wells are concentrated in the River in Georgia, and found that most Cedar Creek drainage, which supports at the protection of these river systems. mortality occurred when dissolved least two populations of the Alabama For example, of the 51 impaired water oxygen levels dropped below 5 mg/L. pearlshell. These wells are subject to bodies identified within the drainages, Furthermore, increased human demand periodic spills either directly at the well less than one-fourth currently have and competition for surface and ground site or associated with the transport of approved TMDLs (ADEM 2010b, pp. 3– water resources for irrigation and the oil. For example, on February 5, 6; FDEP 2010a, pp. 4–6). consumption during drought can cause 2010, an oil spill occurred in the In summary, some regulatory drastic reductions in stream flows and headwaters of Feagin Creek. Feagin mechanisms exist that protect aquatic alterations to hydrology (Golladay et al. Creek is located between two known species, however, these regulations are 2004, p. 504; Golladay et al. 2007 pearlshell locations, Little Cedar and not effective at protecting mussels and unpaginated). Extended droughts Amos Mill Creeks. The resulting spill their habitats from sedimentation and occurred in the Southeast during 1998 discharged more than 150 gallons of oil contaminants. This is apparent from the to 2002 and again in 2006 to 2008. The into Feagin Creek. Although there were decline in all eight mussels. Pollution effects of these recent droughts on these no known populations of the pearlshell from non-point sources is the greatest eight mussels are unknown; however, in Feagin Creek, this type of spill could threat to these eight mussels (see Factor substantial declines in mussel diversity have easily occurred in one of the A discussion); however, this type of and abundance as a direct result of adjacent watersheds that supports the pollution is difficult to regulate and not drought have been documented in pearlshell. Since 2000, there have been effectively controlled by State and southeastern streams (for example, 13 spills reported in Conecuh, 36 in Federal water quality regulations within Golladay et al. 2004, pp. 494–503; Haag Escambia, and 33 in Covington the proposed designation. Therefore, we and Warren 2008, p. 1165). The Counties, Alabama. find current existing regulatory Alabama pearlshell is particularly at mechanisms are inadequate to protect risk during drought as its headwater Reduced Genetic Diversity the eight mussels throughout their stream habitats are vulnerable to Population fragmentation and ranges. This threat is current and is dewatering. Shelton (1995, p. 4 unpub. isolation prohibits the natural projected to continue into the future. data) reported one of the most common interchange of genetic material between
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populations. Low numbers of competitively excluded the native currently experiencing a loss of genetic individuals within the isolated mussels, or if it was simply tolerant of viability; however, their restricted or populations have greater susceptibility whatever caused the mussels to reduced ranges, fragmented habitats, to deleterious genetic effects, including disappear. The Asian clam may pose a and small population sizes increases the inbreeding depression and loss of direct threat to native mussels, risks and consequences of inbreeding genetic variation (Lynch 1996, pp. 493– particularly as juveniles, as a competitor depression and loss of genetic variation. 494). Small, isolated populations, for resources such as food, nutrients, Introduced species, such as the Asian therefore, are more susceptible to and space (Neves and Widlak 1987, p. clam, may adversely impact these environmental pressures, including 6). Dense populations of Asian clams mussels through direct competition for habitat degradation and stochastic may ingest large numbers of unionid resources. Another introduced species, events, and thus are the most sperm, glochidia, and newly the flathead catfish, may consume host susceptible to extinction (Primack 2008, metamorphosed juveniles, and may fishes, thereby affecting mussel pp. 151–153). It is unknown if any of actively disturb sediments, reducing recruitment. Therefore, we have the eight mussel species are currently habitable space for juvenile native determined that other natural or experiencing a loss of genetic diversity. mussels, or displacing them manmade factors, specifically threats However, surviving populations of the downstream (Strayer 1999, p. 82; Yeager from flooding, drought, and Alabama pearlshell, round ebonyshell, et al. 2000, pp. 255–256). contaminant spills, are high in and southern kidneyshell do have The flathead catfish (Pylodictis magnitude to the Alabama pearlshell, highly restricted or reduced ranges, olivaris) has been introduced to the round ebonyshell, southern kidneyshell, fragmented habitats, and extremely drainages and may be adversely southern sandshell, and Choctaw bean; small population sizes. impacting native fish populations. The and are moderate in magnitude to the flathead catfish is a large predator native tapered pigtoe, narrow pigtoe, and fuzzy Host Fish Considerations to the central United States, and since pigtoe. These threats are currently As mentioned in the General Biology its introduction outside its native range impacting these species and are section above, all of these eight species has altered the composition of native projected to continue or increase in the require a fish host in order to complete fish populations through predation future. We have determined that threats their life cycle. Therefore, these mussels (Boschung and Mayden 2004, p. 350). from the Asian clam are moderate in would be adversely affected by the loss Diet and selectivity studies of magnitude to the Alabama pearlshell, or reduction of fish species essential to introduced flathead catfish in coastal round ebonyshell, southern kidneyshell, their parasitic glochidial stage. The North Carolina river systems show it southern sandshell, and Choctaw bean; blacktail shiner (Cyprinella venusta), a feeds primarily on other fish species and are low in magnitude to the tapered common and abundant fish species, was (Guier et al. 1984, pp. 617–620; Pine et pigtoe, narrow pigtoe, and fuzzy pigtoe. found to serve as a glochidial host for al. 2005, p. 909). The flathead catfish is We have determined that reduced the tapered pigtoe and fuzzy pigtoe now well-established in the Escambia, genetic diversity, the absence or (White et al. 2008, p. 123). The specific Yellow, and Choctawhatchee River reduction of fish hosts, and the presence hosts for the Alabama pearlshell, round drainages, and its numbers appear to be of flathead catfish have the potential to ebonyshell, southern sandshell, growing (Strickland 2010 pers. comm.). adversely impact the eight mussels, southern kidneyshell, Choctaw bean, Biologists working in the Florida however, we do not know the and narrow pigtoe have not been portions of these drainages have magnitude of these threats at this time. identified, however, other species of the observed a correlation between the same genera are known to parasitize increase in flathead catfish numbers and Proposed Determination cyprinids (minnows), centrachids a decrease in numbers of other native We have carefully assessed the best (sunfish), and percids (darters) (Haag fish species, particularly of bullhead scientific and commercial information and Warren 1997, pp. 580–581, 583; catfish (Ameiurus sp.) and redbreast available regarding the past, present, Keller and Ruessler 1997, p. 405; sunfish (Lepomis auritus) (Strickland and future threats to the Alabama O’Brien and Brim Box 1999, p. 134; 2010 pers. comm.). Although we do not pearlshell, round ebonyshell, southern Haag et al. 1999, p. 150; Haag and know the specific fish hosts for six of sandshell, southern kidneyshell, Warren 2003, pp. 81–82; Luo 1993, the mussel species, the loss or reduction Choctaw bean, tapered pigtoe, narrow p. 16). of native fishes in general could affect pigtoe, and fuzzy pigtoe. Section 3(6) of the Act defines an endangered species Nonindigenous Species their ability to recruit. In summary, a variety of natural or as ‘‘any species which is in danger of The Asian clam (Corbicula fluminea) manmade factors currently threaten extinction throughout all or a significant has been introduced to the drainages these eight mussels. Stochastic events portion of its range,’’ and defines a and may be adversely affecting these such as droughts and floods have threatened species as ‘‘any species eight mussels through direct occurred in these three river drainages which is likely to become an competition for space and resources. in the past, and climate change may endangered species within the The Asian clam was first detected in increase the frequency and intensity of foreseeable future throughout all or a eastern Gulf drainages in the early similar events in the future. The significant portion of its range.’’ As 1960s, and is presently wide-spread withdrawal of surface and ground described in detail above, these eight throughout the Escambia, Yellow, and waters during drought can cause further species are currently at risk throughout Choctawhatchee River drainages (Heard drastic flow reductions and alterations all of their respective ranges due to 1975, p. 2). The invasion of the Asian that may cause declines in mussel ongoing threats of habitat destruction clam in these and in other eastern Gulf abundance and distribution. and modification (Factor A), inadequacy drainages has been accompanied by Contaminant spills have also occurred of existing regulatory mechanisms drastic declines in populations of native in these drainages and currently are a (Factor D), and other natural or mussels (see observations by Heard threat, particularly in the Alabama manmade factors affecting their 1975, p. 2; and Shelton 1995, p. 4 portions of the Escambia River drainage continued existence (Factor E). unpub. data). However, it is difficult to where there are numerous oil wells. It Specifically, these factors include say whether the Asian clam is not known if these species are sedimentation, municipal and industrial
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effluents, pesticides, excessive propose to list the tapered pigtoe, on Federal lands administered by the nutrients, impoundment of stream narrow pigtoe, and fuzzy pigtoe as Department of Defense and U.S. Forest channels, recurring drought and threatened species throughout all of Service; issuance of section 404 Clean flooding, contaminant spills, and the their ranges. Furthermore, we examined Water Act permits by the Army Corps of introduced Asian clam. In addition, each of the five species proposed for Engineers; licensing of hydroelectric existing regulatory mechanisms are endangered status and each of the three dams, and construction and inadequate to ameliorate some of the species proposed for threatened status management of gas pipeline and power threats affecting these mussels and their to analyze if any significant portions of line rights-of-way approved by the habitats. We believe these threats are their ranges may warrant a different Federal Energy Regulatory Commission; currently impacting these species and status. However, because of their construction and maintenance of roads are projected to continue and limited and curtailed ranges, and or highways funded by the Federal potentially worsen in the future. These uniformity of the threats throughout Highway Administration; and land eight mussels are also at increased their entire respective, we find there are management practices administered by threat due to the loss of genetic viability no significant portions of any of the the Department of Agriculture. It has and the reduction or absence of fish species’ ranges that may warrant a been the experience of the Service from hosts (described under Factor E); different determination of status. consultations on other species, however, however, these threats are not currently that nearly all section 7 consultations Available Conservation Measures known to be imminent. have been resolved so that the species Species with small ranges, few Conservation measures provided to have been protected and the project populations, and small or declining species listed as endangered or objectives have been met. population sizes, are the most threatened under the Act include The Act and its implementing vulnerable to extinction (Primack 2008, recognition, recovery actions, regulations set forth a series of general p. 137). The effects of certain factors, requirements for Federal protection, and prohibitions and exceptions that apply particularly habitat degradation and prohibitions against certain practices. to all endangered wildlife. The loss, catastrophic events, and Recognition through listing results in prohibitions, codified at 50 CFR 17.21 introduced species, increase in public awareness and conservation by for endangered wildlife make it illegal magnitude when population size is Federal, State, and local agencies, for any person subject to the jurisdiction small (Soule´ 1987, pp. 33, 71; Primack private organizations, and individuals. of the United States to take (includes 2008, pp. 133–135, 152). We believe the The Act encourages cooperation with harass, harm, pursue, hunt, shoot, impact of habitat degradation, the States and requires that recovery wound, kill, trap, capture, or collect; or catastrophic events, and introduced actions be carried out for all listed to attempt any of these), import, export, species are more severe (magnitude is species. The protection measures ship in interstate commerce in the higher) to the Alabama pearlshell, round required of Federal agencies and the course of commercial activity, or sell or ebonyshell, southern sandshell, prohibitions against certain activities offer for sale in interstate or foreign southern kidneyshell, and Choctaw involving listed wildlife are discussed commerce any listed species. It is also bean, which have few populations in Effects of Critical Habitat Designation illegal to possess, sell, deliver, carry, coupled with low numbers of and are further discussed, in part, transport, or ship any such wildlife that individuals and/or very limited ranges, below. has been taken illegally. Certain than they are to the tapered pigtoe, Section 7(a) of the Act requires exceptions apply to agents of the narrow pigtoe, and fuzzy pigtoe which Federal agencies to evaluate their Service and State conservation agencies. have declining and fragmented actions with respect to any species that We may issue permits to carry out populations and limited ranges. We is proposed or listed as endangered or otherwise prohibited activities believe that, when combining the effects threatened and with respect to its involving endangered and threatened of historical, current, and future habitat critical habitat, if any is designated. wildlife species under certain loss and degradation, historical and Regulations implementing this circumstances. Regulations governing ongoing drought, and the exacerbating interagency cooperation provision of the permits are codified at 50 CFR 17.22 for effects of small and declining Act are codified at 50 CFR part 402. endangered species, and at 17.32 for population sizes and curtailed ranges, Section 7(a)(4) of the Act requires threatened species. With regard to the Alabama pearlshell, round Federal agencies to confer with the endangered wildlife, a permit must be ebonyshell, southern sandshell, Service on any action that is likely to issued for the following purposes: for southern kidneyshell, and Choctaw jeopardize the continued existence of a scientific purposes, to enhance the bean are in danger of extinction species proposed for listing or result in propagation or survival of the species, throughout all of their ranges; and the destruction or adverse modification of and for incidental take in connection tapered pigtoe, narrow pigtoe, and fuzzy proposed critical habitat. If a species is with otherwise lawful activities. pigtoe are threatened to become listed subsequently, section 7(a)(2) of It is our policy, as published in the endangered within the foreseeable the Act requires Federal agencies to Federal Register on July 1, 1994 (59 FR future throughout all of their ranges. In ensure that activities they authorize, 34272), to identify, to the maximum addition, any factor (i.e., habitat loss or fund, or carry out are not likely to extent practicable at the time a species natural and manmade factors) that jeopardize the continued existence of is listed, those activities that would or results in a further decline in habitat or the species or destroy or adversely would not constitute a violation of individuals may be problematic for the modify its critical habitat. If a Federal section 9 of the Act. The intent of this long-term recovery of these species. action may affect a listed species or its policy is to increase public awareness of Therefore, based on the best available critical habitat, the responsible Federal the effect of a proposed listing on scientific and commercial information, agency must enter into formal proposed and ongoing activities within we propose to list the Alabama consultation with the Service. the range of species proposed for listing. pearlshell, round ebonyshell, southern Federal agency actions that may affect The following activities could kidneyshell, southern sandshell, and the eight mussel species include, but are potentially result in a violation of Choctaw bean as endangered species not limited to: the management of and section 9 of the Act; this list is not throughout all of their ranges; and we any other landscape altering activities comprehensive:
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(1) Unauthorized collecting, handling, Conservation, as defined under conservation of the species (such as possessing, selling, delivering, carrying, section 3 of the Act, means to use and roost sites, nesting grounds, seasonal or transporting of the species, including the use of all methods and procedures wetlands, water quality, tide, soil type). import or export across State lines and that are necessary to bring an Primary constituent elements are the international boundaries, except for endangered or threatened species to the elements of physical or biological properly documented antique point at which the measures provided features that, when laid out in the specimens of these taxa at least 100 pursuant to the Act are no longer appropriate quantity and spatial years old, as defined by section 10(h)(1) necessary. Such methods and arrangement to provide for a species’ of the Act. procedures include, but are not limited life-history processes, are essential to (2) Introduction of nonnative species to, all activities associated with the conservation of the species. that compete with or prey upon these scientific resources management such as Under the Act, we can designate eight mussel species, such as the zebra research, census, law enforcement, critical habitat in areas outside the mussel (Dreissena polymorpha) and the habitat acquisition and maintenance, geographical area occupied by the black carp (Mylopharyngodon piceus). propagation, live trapping, and species at the time it is listed, upon a (3) The unauthorized release of transplantation, and, in the determination that such areas are biological control agents that attack any extraordinary case where population essential for the conservation of the life stage of these species. pressures within a given ecosystem species. We designate critical habitat in (4) Unauthorized modification of the cannot be otherwise relieved, may areas outside the geographical area channel or water flow of any stream or include regulated taking. occupied by a species only when a water body in which these species are Critical habitat receives protection designation limited to its range would known to occur. under section 7 of the Act through the Questions regarding whether specific be inadequate to ensure the requirement that Federal agencies conservation of the species. When the activities would constitute a violation of ensure, in consultation with the Service, section 9 of the Act should be directed best available scientific data do not that any action they authorize, fund, or demonstrate that the conservation needs to the Panama City Ecological Services carry out is not likely to result in the Field Office (see FOR FURTHER of the species require such additional destruction or adverse modification of areas, we will not designate critical INFORMATION CONTACT). Requests for critical habitat. The designation of copies of the regulations concerning habitat in areas outside the geographical critical habitat does not affect land area occupied by the species. An area listed animals and general inquiries ownership or establish a refuge, regarding prohibitions and permits may currently occupied by the species but wilderness, reserve, preserve, or other that was not occupied at the time of be addressed to the U.S. Fish and conservation area. Such designation Wildlife Service, Endangered Species listing may, however, be essential to the does not allow the government or public conservation of the species and may be Permits, 1875 Century Boulevard, Suite to access private lands. Such included in the critical habitat 200, Atlanta, GA 30345; telephone: 404– designation does not require designation. 679 –7140; facsimile: 404–679–7081. implementation of restoration, recovery, Section 4 of the Act requires that we Critical Habitat for the Alabama or enhancement measures by non- Federal landowners. Where a landowner designate critical habitat on the basis of Pearlshell, Round Ebonyshell, Southern the best scientific and commercial data Sandshell, Southern Kidneyshell, seeks or requests Federal agency funding or authorization for an action available. Further, our Policy on Choctaw Bean, Tapered Pigtoe, Narrow Information Standards Under the Pigtoe, and Fuzzy Pigtoe that may affect a listed species or critical habitat, the consultation Endangered Species Act (published in Background requirements of section 7(a)(2) would the Federal Register on July 1, 1994 (59 FR 34271)), the Information Quality It is our intent to discuss below only apply, but even in the event of a Act (section 515 of the Treasury and those topics directly relevant to the destruction or adverse modification General Government Appropriations designation of critical habitat for the finding, the obligation of the Federal Act for Fiscal Year 2001 (Pub. L. 106– Alabama pearlshell, round ebonyshell, action agency and the landowner is not 554; H.R. 5658)), and our associated southern sandshell, southern to restore or recover the species, but to Information Quality Guidelines, provide kidneyshell, Choctaw bean, tapered implement reasonable and prudent criteria, establish procedures, and pigtoe, narrow pigtoe, and fuzzy pigtoe alternatives to avoid destruction or provide guidance to ensure that our in this section of the proposed rule. adverse modification of critical habitat. Critical habitat is defined in section 3 For inclusion in a critical habitat decisions are based on the best scientific of the Act as: designation, the habitat within the data available. They require our (1) The specific areas within the geographical area occupied by the biologists, to the extent consistent with geographical area occupied by the species at the time it was listed must the Act and with the use of the best species, at the time it is listed in contain physical or biological features scientific data available, to use primary accordance with the Act, on which are which are essential to the conservation and original sources of information as found those physical or biological of the species and which may require the basis for recommendations to features special management considerations or designate critical habitat. (a) Essential to the conservation of the protection. Critical habitat designations When we are determining which areas species and identify, to the extent known using the should be designated as critical habitat, (b) Which may require special best scientific and commercial data our primary source of information is management considerations or available, those physical or biological generally the information developed protection; and features that are essential to the during the listing process for the (2) Specific areas outside the conservation of the species (such as species. Additional information sources geographical area occupied by the space, food, cover, and protected may include articles in peer-reviewed species at the time it is listed, upon a habitat), focusing on the principal journals, conservation plans developed determination that such areas are biological or physical constituent by States and counties, scientific status essential for the conservation of the elements (primary constituent elements) surveys and studies, biological species. within an area that are essential to the assessments, or other unpublished
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materials and expert opinion or information available at the time of (i) Information sufficient to perform personal knowledge. these planning efforts calls for a required analyses of the impacts of the Habitat is dynamic, and species may different outcome. designation is lacking, or move from one area to another over (ii) The biological needs of the species Prudency Determination time. Climate change will be a particular are not sufficiently well known to challenge for biodiversity because the Section 4(a)(3) of the Act, as permit identification of an area as interaction of additional stressors amended, and implementing regulations critical habitat. When critical habitat is associated with climate change and (50 CFR 424.12), require that, to the not determinable, the Act allows the current stressors may push species maximum extent prudent and Service an additional year to publish a beyond their ability to survive (Lovejoy determinable, the Secretary designate critical habitat designation (16 U.S.C. 2005, pp. 325–326). The synergistic critical habitat at the time the species is 1533(b)(6)(C)(ii)). implications of climate change and determined to be endangered or We reviewed the available habitat fragmentation are the most threatened. Our regulations (50 CFR information pertaining to the biological threatening facet of climate change for 424.12(a)(1)) state that the designation needs of the species and habitat biodiversity (Hannah and Lovejoy 2005, of critical habitat is not prudent when characteristics where these species are p. 4). Current climate change one or both of the following situations located. This and other information predictions for terrestrial areas in the exist: (1) The species is threatened by represent the best scientific data Northern Hemisphere indicate warmer taking or other human activity, and available and led us to conclude that the air temperatures, more intense identification of critical habitat can be designation of critical habitat is precipitation events, and increased expected to increase the degree of threat determinable for these eight species. summer continental drying (Field et al. to the species, or (2) such designation of 1999, pp. 1–3; Hayhoe et al. 2004, p. critical habitat would not be beneficial Physical and Biological Features 12422; Cayan et al. 2006, p. 10; to the species. In accordance with section 3(5)(A)(i) Intergovernmental Panel on Climate There is currently no imminent threat and 4(b)(1)(A) of the Act and the Change (IPCC) 2007, p. 1181). Climate of take attributed to collection or regulations at 50 CFR 424.12, in change may lead to increased frequency vandalism under Factor B for any of determining which areas within the and duration of severe storms and these species, and identification and geographical area occupied at the time droughts (Golladay et al. 2004, p. 504; mapping of critical habitat is not of listing to propose as critical habitat, McLaughlin et al. 2002, p. 6074; Cook expected to initiate any such threat. In we consider the physical and biological et al. 2004, p. 1015). the absence of finding that the features (PBFs) essential to the We recognize that critical habitat designation of critical habitat would conservation of the species which may designated at a particular point in time increase threats to a species, if there are require special management may not include all of the habitat areas any benefits to a critical habitat considerations or protection. These that we may later determine are designation, then a prudent finding is include, but are not limited to: necessary for the recovery of the warranted. Here, the potential benefits (1) Space for individual and species. For these reasons, a critical of designation include: (1) Triggering population growth and for normal habitat designation does not signal that consultation under section 7 of the Act, behavior; habitat outside the designated area is in new areas for actions in which there (2) Food, water, air, light, minerals, or unimportant or may not be needed for may be a Federal nexus where it would other nutritional or physiological recovery of the species. Areas that are not otherwise occur because, for requirements; important to the conservation of the example, it is or has become (3) Cover or shelter; species, both inside and outside the unoccupied or the occupancy is in (4) Sites for breeding, reproduction, or critical habitat designation, will question; (2) focusing conservation rearing (or development) of offspring; continue to be subject to: (1) activities on the most essential features and Conservation actions implemented and areas; (3) providing educational (5) Habitats that are protected from under section 7(a)(1) of the Act, (2) benefits to State or county governments disturbance or are representative of the regulatory protections afforded by the or private entities; and (4) preventing historic, geographical, and ecological requirement in section 7(a)(2) of the Act people from causing inadvertent harm distributions of a species. for Federal agencies to insure their to the species. Therefore, because we We derive the specific PBFs required actions are not likely to jeopardize the have determined that the designation of for the Alabama pearlshell, round continued existence of any endangered critical habitat will not likely increase ebonyshell, southern sandshell, or threatened species, and (3) the the degree of threat to the species and southern kidneyshell, Choctaw bean, prohibitions of section 9 of the Act if may provide some measure of benefit, tapered pigtoe, narrow pigtoe, and fuzzy actions occurring in these areas may we find that designation of critical pigtoe based on their biological needs. affect the species. Federally funded or habitat is prudent for the Alabama Unfortunately, little is known of the permitted projects affecting listed pearlshell, round ebonyshell, southern specific habitat requirements of any of species outside their designated critical sandshell, southern kidneyshell, these eight mussel species other than all habitat areas may still result in jeopardy Choctaw bean, tapered pigtoe, narrow require flowing water, stable stream or findings in some cases. These pigtoe, and fuzzy pigtoe. river channels, adequate water quality, protections and conservation tools will and fish hosts for larval mussel continue to contribute to recovery of Critical Habitat Determinability development to juvenile mussels. To this species. Similarly, critical habitat Having determined that designation is identify the physical and biological designations made on the basis of the prudent, under section 4(a)(3) of the Act needs of the species, we have relied on best available information at the time of we must find whether critical habitat for current conditions at locations where designation will not control the the eight species is determinable. Our each of the species survive, the limited direction and substance of future regulations at 50 CFR 424.12(a)(2) state information available on these eight recovery plans, habitat conservation that critical habitat is not determinable mussels and their close relatives, and plans (HCPs), or other species when one or both of the following factors associated with the decline and conservation planning efforts if new situations exist: extirpation of these and other freshwater
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mussels from portions of the Escambia, and viability during all life stages of densities and land uses. In general, each Yellow, and Choctawhatchee River these species. of the species survives in areas where basins. the magnitude, frequency, duration, and Water seasonality of water flow are adequate to Space for Individual and Population The Alabama pearlshell, round maintain stable habitats (for example, Growth and for Normal Behavior ebonyshell, southern kidneyshell, sufficient flow to remove fine particles The Alabama pearlshell, round southern sandshell, Choctaw bean, and sediments without causing ebonyshell, southern kidneyshell, tapered pigtoe, narrow pigtoe, and fuzzy degradation), and where water quality is southern sandshell, Choctaw bean, pigtoe are riverine species that depend adequate for year-round survival (for tapered pigtoe, narrow pigtoe, and fuzzy upon adequate water flow. example, moderate to high levels of pigtoe are all historically associated Continuously flowing water is a habitat dissolved oxygen, low to moderate with the Escambia, Yellow, and feature associated with all of the eight input of nutrients, and relatively Choctawhatchee River drainages in species. Flowing water maintains the unpolluted water and sediments). Alabama and Florida. The Alabama stream bottom habitats where these Therefore, adequate water flow and pearlshell is also known from three species are found, transports food items water quality (as defined below) are locations in the Mobile River Basin; to the sedentary juvenile and adult life essential to the conservation of the however, only one of those is stages, removes wastes, and provides Alabama pearlshell, round ebonyshell, considered to be currently occupied. oxygen for respiration. Populations of southern sandshell, southern the narrow pigtoe were recently The eight mussels are found embedded kidneyshell, Choctaw bean, tapered discovered in Gantt and Point A Lakes in stable substrates composed mainly of pigtoe, narrow pigtoe, and fuzzy pigtoe. (Williams et al. 2008, p. 317), manmade fine to coarse sand, with occasional We currently believe that most reservoirs on the Conecuh River patches of clay or gravel (Williams et al. numeric standards for pollutants and mainstem in Alabama. We attribute the 2008, pp. 32–34), and within areas of water quality parameters (for example, occurrence of the species in these sufficient current velocities to remove dissolved oxygen, pH, heavy metals) impoundments to the relatively small finer sediments. These habitats are that have been adopted by the States size of the reservoirs, and to the formed and maintained by water under the Clean Water Act represent operational regime of the dams. As quantity, channel slope, and normal levels that are essential to the mentioned in the Dams and sediment input to the system. Changes conservation of each of these eight Impoundments section (see Factor A, mussels. However, some States’ in one or more of these parameters can above), both impoundments have standards may not adequately protect result in channel degradation or channel limited storage capacity and are mollusks, or are not being appropriately aggradation, with serious effects to operated as modified run-of-river measured, monitored, or achieved in mussels. The decline of the mussel projects with daily peaking. Therefore, some reaches (see Factors A and D fauna of these eastern Gulf Coastal Plain most of the time, the outflow matches above). The Service is currently in drainages is not well understood, but is the inflow. Also, some areas in the consultation with the EPA to evaluate primarily associated with the loss of reservoirs are narrow and riverine, for the protectiveness of criteria approved habitats and channel instability due to instance the area around Dunns Bridge in EPA’s water quality standards for excessive sedimentation (Williams and on Gantt Lake. Here, narrow pigtoe were threatened and endangered species and Butler 1994, p. 55). Sedimentation has found in relatively high numbers in their critical habitats as described in the been determined to be a major factor in firm, stable sand substrates with little or Memorandum of Agreement that our habitat destruction, resulting in no silt accumulation (Williams 2009 agencies signed in 2001 (66 FR 11201, corresponding shift in mussel fauna pers. comm.; Pursifull 2006 pers. obs.). February 22, 2011). Other factors that (Brim Box and Mossa 1999, p. 102). Although the natural state of the river’s can potentially alter water quality are Stable stream bottom substrates not only hydrological flow regime is modified, it droughts and periods of low flow, non- provide space for populations of these does retain the features necessary to point-source runoff from adjacent land eight mussel species, but also provide maintain the benthic habitats where the surfaces (for example, excessive cover and shelter and sites for breeding, species are found. Therefore, we believe amounts of sediments, nutrients, and reproduction, and growth of offspring. that flowing water is essential to the pesticides), point-source discharges Stream channel stability is essential to conservation of all eight species. from municipal and industrial the conservation of the Alabama The ranges of standard physical and wastewater treatment facilities (for pearlshell, round ebonyshell, southern chemical water quality parameters (such example, excessive amounts of sandshell, southern kidneyshell, as temperature, dissolved oxygen, pH, ammonia, chlorine, and metals), and Choctaw bean, tapered pigtoe, narrow and conductivity) that define suitable random spills or unregulated discharge pigtoe, and fuzzy pigtoe. habitat conditions for the eight species events. This could be particularly Food have not been investigated. However, as harmful during drought conditions relatively sedentary animals, mussels when flows are depressed and Freshwater mussels, such as these must tolerate the full range of such pollutants are more concentrated. eight species, filter algae, detritus, and parameters that occur naturally within Therefore, adequate water quality is bacteria from the water column the streams where they persist. Both the essential for normal behavior, growth, (Williams et al. 2008, p. 67). For the first amount (flow) and the physical and and viability during all life stages of the several months, juvenile mussels chemical conditions (water quality) Alabama pearlshell, round ebonyshell, employ pedal (foot) feeding, extracting where each of the eight species southern sandshell, southern bacteria, algae, and detritus from the currently exist vary widely according to kidneyshell, Choctaw bean, tapered sediment (Yeager et al. 1994, pp. 217– season, precipitation events, and pigtoe, narrow pigtoe, and fuzzy pigtoe. 221). Food availability and quality are seasonal human activities within the affected by habitat stability, floodplain watershed. Conditions across their Sites for Breeding, Reproduction, or connectivity, flow, and water quality. historical ranges vary even more due to Rearing Adequate food availability and quality watershed size, geology, geography, and Freshwater mussels require a host fish is essential for normal behavior, growth, differences in human population for transformation of larval mussels
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(glochidia) to juvenile mussels southern kidneyshell, Choctaw bean, limited to, those discussed in the (Williams et al. 2008, p. 68). Thus, the tapered pigtoe, narrow pigtoe, and fuzzy ‘‘Summary of Factors Affecting the presence of the appropriate host fishes pigtoe are: Species,’’ above (see Factors A and D). to complete the reproductive life cycle (1) Geomorphically stable stream and Other activities that may affect PCEs in is essential to the conservation of these river channels and banks (channels that the proposed critical habitat units eight mussels. The blacktail shiner was maintain lateral dimensions, include those listed in the ‘‘Available found to serve as a host for the fuzzy longitudinal profiles, and sinuosity Conservation Measures’’ section above. pigtoe and tapered pigtoe in a patterns over time without an aggrading Many of the threats to the eight preliminary study trial (White et al. or degrading bed elevation). mussels and their habitat are pervasive 2008, p. 123). This minnow species (2) Stable substrates of sand or and common in all of the nine units. occurs in a variety of habitats in mixtures of sand with clay or gravel These include the potential of drainages throughout the coastal plain with low to moderate amounts of fine significant changes in stream bed (Mettee et al. 1996, pp. 174–175). The sediment and attached filamentous material composition and quality by specific host fish(es) for the Alabama algae. activities such as construction projects, pearlshell, round ebonyshell, southern (3) A hydrologic flow regime (the livestock grazing, timber harvesting, and kidneyshell, narrow pigtoe, southern magnitude, frequency, duration, and other watershed and floodplain sandshell, and Choctaw bean is seasonality of discharge over time) disturbances that release sediments or currently unknown; however, other necessary to maintain benthic habitats nutrients into the water; the potential of species of the same genera are known to where the species are found, and to significant alteration of water chemistry parasitize cyprinids (minnows), maintain connectivity of rivers with the or water quality; the potential of centrachids (sunfish), and percids floodplain, allowing the exchange of anthropogenic activities such as (darters) (Haag and Warren 2003, pp. nutrients and sediment for habitat channelization, impoundment, and 81–82; Haag and Warren 1997, pp. 580– maintenance, food availability, and channel excavation that could cause 581, 583; Keller and Ruessler 1997, p. spawning habitat for native fishes. aggradation or degradation of the 405; O’Brien and Brim Box 1999, p. 134; (4) Water quality, including channel bed elevation or significant ° Haag et al. 1999, p. 150). temperature (not greater than 32 C), pH bank erosion; and the potential of Juvenile mussels require stable (between 6.0 to 8.5), oxygen content (not significant changes in the existing flow bottom habitats for growth and survival. less than 5.0 mg/L), hardness, turbidity, regime due to such activities as Excessive sediments or dense growth of and other chemical characteristics impoundment, water diversion, or water filamentous algae can expose juvenile necessary for normal behavior, growth, withdrawal. Because the areas proposed mussels to entrainment or predation and and viability of all life stages. for critical habitat below are facing these be detrimental to the survival of (5) The presence of fish hosts. Diverse threats, they require special juvenile mussels (Hartfield and assemblages of native fish species will management consideration and Hartfield 1996, p. 373). Geomorphic serve as a potential indication of host protection. instability can result in the loss of fish presence until appropriate host Criteria Used To Identify Critical habitats and juvenile mussels due to fishes can be identified. For the fuzzy Habitat scouring or deposition (Hartfield 1993, pigtoe and tapered pigtoe, the presence p. 138). Therefore, stable bottom of blacktail shiner (Cyprinella venusta) As required by section 4(b) of the Act, substrate with low to moderate amounts will serve as a potential indication of we used the best scientific and of filamentous algae growth is essential fish host presence. commercial data available in determining areas within the to the conservation of Alabama Special Management Considerations or geographical area occupied at the time pearlshell, round ebonyshell, southern Protection sandshell, southern kidneyshell, of listing that contain the features Choctaw bean, tapered pigtoe, narrow When designating critical habitat, we essential to the conservation of the pigtoe, and fuzzy pigtoe. assess whether the specific areas within species, and areas outside of the the geographical area occupied by the geographical area occupied at the time Primary Constituent Elements for the species at the time of listing contain of listing that are essential for the Eight Mussel Species features that are essential to the conservation of the species. We are Under the Act and its implementing conservation of the species and that may proposing to designate as critical habitat regulations, we are required to identify require special management all stream channels that we have the PBFs essential to the conservation of considerations or protections. None of determined are essential to the these eight mussel species in areas the portions of the critical habitat units conservation of the eight species. These occupied at the time of listing, focusing proposed for these eight species below include streams that are currently on the features’ primary constituent have been designated as critical habitat occupied by one or more of the species, elements (PCEs). We consider PCEs to for other mussel species that are already as well as some specific areas not be the elements of PBFs that, when laid listed under the Act. None of the areas currently occupied, but that were out in the appropriate quantity and proposed are presently under special historically occupied, because we have spatial arrangement to provide for a management or protection provided by determined that the additional areas are species’ life-history processes, are a legally operative management plan or essential for the conservation of those essential to the conservation of the agreement for the conservation of either species and that designating only species. the Alabama pearlshell, round occupied habitat is not sufficient to Based on the above needs and our ebonyshell, southern sandshell, conserve them. current knowledge of the life history, southern kidneyshell, Choctaw bean, We began our analysis by considering biology, and ecology of the species and tapered pigtoe, narrow pigtoe, or fuzzy historical and current ranges of each of the habitat requirements for sustaining pigtoe. Various activities in or adjacent the eight species. We used various the essential life-history functions of the to each of the critical habitat units sources including published literature species, we have determined that the described in this proposed rule may and museum collection databases, as PCEs for the Alabama pearlshell, round affect one or more of the PCEs. Some of well as surveys, reports, and field notes ebonyshell, southern sandshell, these activities include, but are not prepared by biologists (see Background
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section). We then identified the specific reach between the uppermost and potential human-induced events (see areas that are occupied by each of the lowermost locations as occupied ‘‘Summary of Factors Affecting the eight mussels and that contain one or habitat. Species’’). The inclusion of essential more of the PCEs. We defined occupied We then considered whether this unoccupied areas will provide habitat habitat as those stream reaches known essential area was adequate for the for population reintroduction and will to be currently occupied by any of the conservation of each of the eight decrease the risk of extinction. Based on eight species. To identify the currently species. Small, isolated, aquatic the best scientific data available, we occupied stream reaches, we used post- populations are subject to chance believe areas not currently occupied by 1994 survey data. Several surveys were catastrophic events and to changes in the Alabama pearlshell and southern conducted in the basins between the human activities and land use practices kidneyshell are essential for their years of 1995 to 2010 (Shelton 1995, that may result in their elimination. conservation. However, we eliminated 1999 unpub. data; Blalock–Herod et al. Larger, more contiguous populations from consideration the Yellow River 2005; Pilarczyk et al. 2006, Shelton et can reduce the threat of extinction due drainage as critical habitat for the to habitat fragmentation and isolation. al. 2007 unpub. data; Gangloff and southern kidneyshell. Its occurrence in For these reasons, we believe that Hartfield 2009). These surveys were the Yellow River is based on a 1919 conservation of the Alabama pearlshell used to assess the current conservation collection of one specimen from Hollis status of the species, and extended their and southern kidneyshell requires Creek in Covington County, Alabama. known ranges. For this reason, we expanding their ranges into currently We believe this single, historical considered the year 1995 to be the unoccupied portions of their historical collection is not sufficient to include demarcation between current and habitat. Given that threats to these two historical records. To identify the species are compounded by their any portions of the Yellow River unoccupied stream reaches, we used limited distribution and isolation, it is drainage as essential to the conservation survey data between the late 1800s and unlikely that currently occupied habitat of the southern kidneyshell at this time. 1994. Therefore, if a species was known is adequate for their conservation. The All of the stream habitat areas proposed to occur in an area prior to 1995, but range of each has been severely as critical habitat that are currently not was not collected since then, the stream curtailed, their occupied habitats are known to be occupied contain sufficient reach is considered unoccupied. limited and isolated, and population PBFs (e.g., geomorphically stable We then evaluated occupied stream sizes are small. For example, the channels, perennial water flows, reaches to delineate the probable Alabama pearlshell is no longer adequate water quality, and appropriate upstream and downstream extent of believed to occur in the Limestone benthic substrates) to support life- each species’ distribution. Known Creek system (Monroe County), several history functions of the mussels. The occurrences for some mussel species are tributaries in the Murder Creek system, stream reaches also lack major extremely localized, and rare mussels or in the Patsaliga Creek drainage. The anthropogenic disturbance, and have can be difficult to locate. In addition, southern kidneyshell once occurred in potential for reoccupation by the species creek and river habitats are highly all three river basins, but is currently through future reintroduction efforts. dependent upon upstream and known only from the Choctawhatchee Based on the above factors, all downstream channel habitat conditions basin. While occupied units provide unoccupied stream reaches included in for their maintenance. Therefore, where habitat for current populations, these the proposed designations for the more than one occurrence record of a species are at high risk of extirpation Alabama pearlshell and southern particular species was found within a and extinction from stochastic events, kidneyshell are essential to their stream reach, we considered the entire whether periodic natural events or conservation.
TABLE 1—OCCUPANCY AND STREAM LENGTH OF PROPOSED CRITICAL HABITAT UNITS BY SPECIES
Total stream Unit Currently length kilometers occupied? (miles)
Alabama pearlshell (Margaritifera marrianae)
AP1: Big Flat Creek ...... Yes ...... 92 (57) AP2: Burnt Corn Creek, Murder Creek, and Sepulga River ...... Partially 1 ...... 156 (97)
Total ...... 248 (154)
Round ebonyshell (Fusconaia rotulata)
GCM1: Lower Escambia-Conecuh ...... Yes ...... 558 (347)
Southern sandshell (Hamiota australis)
GCM3: Patsaliga Creek ...... Yes ...... 149 (92) GCM4: Upper Escambia-Conecuh River ...... Yes ...... 137 (85) GCM5: Yellow River ...... Yes ...... 253 (157) GCM6: Choctawhatchee River and Lower Pea River ...... Yes ...... 892 (554) GCM7: Upper Pea River ...... Yes ...... 234 (145)
Total ...... 1,665 (1,033)
Southern kidneyshell (Ptychobranchus jonesi)
GCM1: Lower Escambia-Conecuh ...... No ...... 558 (347)
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TABLE 1—OCCUPANCY AND STREAM LENGTH OF PROPOSED CRITICAL HABITAT UNITS BY SPECIES—Continued
Total stream Unit Currently length kilometers occupied? (miles)
GCM3: Patsaliga Creek ...... No ...... 149 (92) GCM4: Upper Escambia-Conecuh River ...... No ...... 137 (85) GCM5: Choctawhatchee River and Lower Pea River ...... Yes ...... 253 (157) GCM7: Upper Pea River ...... Yes ...... 234 (145)
Total ...... 1,331 (826)
Choctaw bean (Villosa choctawensis)
GCM1: Lower Escambia-Conecuh ...... Yes ...... 558 (347) GCM3: Patsaliga Creek ...... Yes ...... 149 (92) GCM4: Upper Escambia-Conecuh River ...... Yes ...... 137 (85) GCM5: Yellow River ...... Yes ...... 253 (157) GCM6: Choctawhatchee River and Lower Pea River ...... Yes ...... 892 (554) GCM7: Upper Pea River ...... Yes ...... 234 (145)
Total ...... 2,223 (1,380)
Tapered pigtoe (Fusconaia burkei)
GCM6: Choctawhatchee River and Lower Pea River ...... Yes ...... 892 (554) GCM7: Upper Pea River ...... Yes ...... 234 (145)
Total ...... 1,126 (699)
Narrow pigtoe (Fusconaia escambia)
GCM1: Lower Escambia-Conecuh ...... Yes ...... 558 (347) GCM2: Point A Lake and Gantt Lake Reservoirs ...... Yes ...... 21 (13) GCM3: Patsaliga Creek ...... Yes ...... 149 (92) GCM4: Upper Escambia-Conecuh River ...... Yes ...... 137 (85) GCM5: Yellow River ...... Yes ...... 253 (157)
Total ...... 1,118 (694)
Fuzzy pigtoe (Pleurobema strodeanum)
GCM2: Lower Escambia-Conecuh ...... Yes ...... 21 (13) GCM3: Patsaliga Creek ...... Yes ...... 149 (92) GCM4: Upper Escambia-Conecuh River ...... Yes ...... 137 (85) GCM5: Yellow River ...... Yes ...... 253 (157) GCM6: Choctawhatchee River and Lower Pea River ...... Yes ...... 892 (554) GCM7: Upper Pea River ...... Yes ...... 234 (145)
Total ...... 1,686 (1,046) 1 17 km (11 mi) of Murder Creek mainstem are unoccupied.
Following the identification of flowing streams. The confluence of a equivalent miles (mi), as measured occupied and unoccupied stream tributary typically marks a significant tracing the course of the stream, not reaches, the next step was to delineate change in the size of the stream and is straight-line distance. Distances less the probable upstream and downstream a logical and recognizable upstream than 10 km (6.2 mi) are rounded to the extent of each species’ distribution. We terminus. When a named tributary was nearest half number; and distances of 10 used USGS 1:100,000 digital stream not available, a road-crossing bridge was km and greater are rounded to the maps to delineate these boundaries of used to mark the boundary. Likewise, a nearest whole number. proposed critical habitat units according dam or other barrier to fish passage Because mussels are naturally to the criteria explained below. The marks the upstream extent to which restricted by certain physical conditions upstream boundary of a unit in a stream mussels may disperse via their fish within a stream or river reach (i.e., flow, is the first perennial, named tributary hosts. The downstream boundary of a substrate), they may be unevenly confluence, a road-crossing bridge, or a unit in a stream is the confluence of a distributed within these habitat units. permanent barrier to fish passage (such named tributary, the upstream extent of Uncertainty on upstream and as a dam) above the upstream-most tidal influence, or the upstream extent downstream distributional limits of current occurrence record. Many of the of an impoundment, below the some populations may have resulted in Alabama pearlshell survey sites are downstream-most occurrence record. In small areas of occupied habitat located near watershed headwaters. In the unit descriptions, distances between excluded from, or areas of unoccupied these areas, the upstream boundary of a landmarks marking the upstream or habitat included in, the designation. We unit is the point where the stream and downstream extent of a stream segment recognize that both historical and recent its tributaries are no longer perennially are given in kilometers (km) and collection records upon which we relied
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are incomplete, and that there may be often co-occur within the same stream in Table 2. The proposed critical habitat river segments or small tributaries not segments, so most of the GCM critical units include the creek and river included in this proposed designation habitat units are designated for more channels within the ordinary high-water that harbor small, limited populations of than one species. Unit GCM2: Point A line only. For this purpose, we have one or more of the eight species Lake and Gantt Lake Reservoirs is the applied the definition found at 33 CFR considered in this designation, or that only exception, and the unit is 329.11, and consider the ordinary high- others may become suitable in the designated only for the narrow pigtoe. water line on nontidal rivers to be the future. The exclusion of such areas does When determining proposed critical line on the shore established by the not diminish their potential individual habitat boundaries within this proposed fluctuations of water and indicated by or cumulative importance to the rule, we made every effort to avoid physical characteristics, such as a clear, conservation of these species. However, including developed areas and other natural line impressed on the bank; we believe that, with proper structures because these lack PCEs for shelving; changes in the character of management, each of the nine critical the eight species. The areas proposed for soil; destruction of terrestrial vegetation; habitat units are capable of supporting critical habitat below include only the presence of litter and debris; or one or more of these mussel species, stream channels within the ordinary other appropriate means that consider and will serve as source populations for high-water line and do not contain the characteristics of the surrounding artificial reintroduction into designated developed areas or structures. The scale areas. stream units, as well as assisted or of the maps we prepared under the natural migration into adjacent parameters for publication within the States were granted ownership of undesignated streams within each basin. Code of Federal Regulations may not lands beneath navigable waters up to The habitat areas contained within the reflect the exclusion of such developed the ordinary high-water line upon units described below constitute our lands. Any such lands inadvertently left achieving statehood (Pollard v. Hagan, best evaluation of areas needed for the inside critical habitat boundaries shown 44 U.S. (3 How.) 212 (1845)). Prior conservation of these species at this on the maps of this proposed rule have sovereigns or the States may have made time. Critical habitat may be revised for been excluded by text in the proposed grants to private parties that included any or all of these species should new rule and are not proposed for lands below the ordinary high-water information become available. designation as critical habitat. mark of some navigable waters that are Using the above criteria, we Therefore, if the critical habitat is included in this proposal. We believe delineated a total of nine critical habitat finalized as proposed, a Federal action that most, if not all, lands beneath the units—two Alabama pearlshell units involving these lands would not trigger navigable waters included in this (AP1, AP2), and seven Gulf Coast section 7 consultation with respect to proposed rule are owned by the States mussels units (GCM1 through GCM7) critical habitat and the requirement of of Alabama and Florida. The lands for the other seven mussel species. We no adverse modification unless the beneath most nonnavigable waters depicted the Alabama pearlshell units specific action would affect the physical included in this proposed rule are in separately as this species tends to and biological features in the adjacent private ownership. Riparian lands along inhabit headwater stream environments critical habitat. the waters are either in private and seldom co-occurs with the other ownership, or are owned by county, seven species, although some critical Proposed Critical Habitat Designation State, or Federal entities. Lands under habitat in the downstream portions of We are proposing nine habitat units county, State, and Federal ownership Unit AP2 overlaps with the upstream encompassing 2,406 km (1,495 mi) of consist of managed conservation areas portions of Unit GCM1 in the Escambia stream channel in Alabama and Florida and Department of Defense lands, and River drainage. The round ebonyshell, for these eight freshwater mussel are considered to have some level of southern sandshell, southern species. Unit name, location, and the protection. Table 2 identifies the kidneyshell, Choctaw bean, tapered approximate stream length of each approximate length of private and pigtoe, narrow pigtoe, and fuzzy pigtoe proposed critical habitat unit are shown protected riparian lands.
TABLE 2—PROPOSED CRITICAL HABITAT UNITS, LOCATION, APPROXIMATE STREAM LENGTH, AND OWNERSHIP OF RIPARIAN LANDS
Total length Private/ Unit Location km Private km protected km Protected km (mi) (mi)* (mi)* (mi)*
AP1 ...... Big Flat Creek, AL ...... 92 (57) 92 (57) 0 0 AP2 ...... Burnt Corn Creek, Murder Creek, and Sepulga River, AL 156 (97) 156 (97) 0 0 GCM1 ...... Lower Escambia River, AL, FL ...... 558 (347) 482 (299) 18 (11) 59 (36) GCM2 ...... Point A Lake and Gantt Lake Reservoirs, AL ...... 21 (13) 21 (13) 0 0 GCM3 ...... Patsaliga Creek, AL ...... 149 (92) 149 (92) 0 0 GCM4 ...... Upper Escambia River, AL ...... 137 (85) 130 (81) 7 (4) 0 GCM5 ...... Yellow River, AL, FL ...... 253 (157) 104 (64) 68 (42) 81 (50) GCM6 ...... Choctawhatchee and Lower Pea River, AL, FL ...... 892 (554) 718 (446) 61 (38) 119 (74) GCM7 ...... Upper Pea River, AL ...... 234 (145) 228 (142) 0 5 (3)
Overlap between units AP2 and GCM1 ...... ¥85 (53) ......
Total ...... 2,406 ...... (1,495) 1,993 (1239) 153 (95) 264 (164) Note: Distances may not sum due to rounding. * Ownership is categorized by private ownership on both banks of the river (Private); private on one bank and county, state or federal on the other (Private/Protected); and county, state, or federal on both banks (Protected).
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Below we present brief descriptions of within the Escambia River drainage in (including the construction of all units, and reasons why they meet the Escambia and Conecuh Counties, AL. It impoundments), and protecting water definition of critical habitat for each includes the mainstem of Burnt Corn quality from excessive point- and non- species. We also present any threats Creek from its confluence with Murder point-source pollution. unique to the unit’s features that may Creek upstream 66 km (41 mi), Conecuh Unit GCM1: Lower Escambia River require special management of the PCEs. County, AL; the mainstem of Murder Drainage, Florida and Alabama For each stream reach proposed as a Creek from its confluence with Jordan critical habitat unit, the upstream and Creek upstream 17 km (11 mi) to the Unit GCM1 encompasses 558 km (347 downstream boundaries are described confluence of Otter Creek, Conecuh mi) of the lower Escambia River generally below. More precise estimates County, AL; Jordan Creek from its mainstem and 12 tributary streams in are provided in the Regulation confluence with Murder Creek upstream Escambia and Santa Rosa Counties, FL; Promulgation section at the end of this 12 km (7 mi), Conecuh County, AL; and Escambia, Covington, Conecuh, and proposed rule. Otter Creek from its confluence with Butler Counties, AL. The unit consists Murder Creek upstream 9 km (5.5 mi), of the main channel of the Escambia- Unit AP1: Big Flat Creek Drainage, Conecuh County, AL; Hunter Creek Conecuh River from the confluence of Alabama from its confluence with Murder Creek Spanish Mill Creek, Escambia and Santa Unit AP1 encompasses 92 km (57 mi) upstream 8 km (5 mi), Conecuh County, Rosa Counties, FL, upstream 204 km of the Big Flat Creek drainage, in AL; Sandy Creek from County Road 29 (127 mi) to the Point A Lake dam, Monroe and Wilcox Counties, AL. The upstream 5 km (3.5 mi) to Hagood Road; Covington County, AL; Murder Creek unit is within the Mobile River basin. It two unnamed tributaries to Sandy from its confluence with the Conecuh includes the mainstem of Big Flat Creek Creek—one from its confluence with River, Escambia County, AL, upstream from Hwy 41 upstream 56 km (35 mi), Sandy Creek upstream 8.5 km (5.0 mi) 62 km (38 mi) to the confluence of Cane Monroe County, AL; Flat Creek from its to Hagood Road and the other from its Creek, Conecuh County, AL; Burnt Corn confluence with Big Flat Creek confluence with the previous unnamed Creek from its confluence with Murder upstream 20 km (12 mi), Monroe tributary 2.5 km (1.5 mi) upstream to Creek, Escambia County, AL, upstream County, AL; and Dailey Creek from its Hagood Road, Conecuh County, AL; 59 km (37 mi) to County Road 20, confluence with Flat Creek upstream 17 Little Cedar Creek from County Road 6 Conecuh County, AL; Jordan Creek from km (11 mi), Wilcox County, AL. upstream 8 km (5 mi), Conecuh County, its confluence with Murder Creek, Unit AP1 is proposed as critical AL; Amos Mill Creek from its upstream 5.5 km (3.5 mi) to Interstate habitat for the Alabama pearlshell. confluence with the Sepulga River 65, Conecuh County, AL; Mill Creek Based on collection records, the species upstream 12 km (8 mi), Escambia and from its confluence with Murder Creek was last collected in the Big Flat Creek Conecuh Counties, AL; Polly Creek from upstream 2.5 km (1.5 mi) to the system in 1995, when Shelton (1995, p. its confluence with Amos Mill Creek confluence of Sandy Creek, Conecuh 3 unpub. data) documented a fresh dead upstream 3 km (2 mi), Conecuh County, County, AL; Sandy Creek from its individual. Although it is likely that the AL; and Bottle Creek from its confluence with Mill Creek upstream Alabama pearlshell has always been rare confluence with the Sepulga River 5.5 km (3.5 mi) to County Road 29, in Big Flat Creek, the unit currently upstream 5.5 km (3.5 mi) to County Conecuh County, AL; Sepulga River supports healthy populations of several Road 42, Conecuh County, AL. from its confluence with the Conecuh other native mussel species indicating The Alabama pearlshell currently River upstream 69 km (43 mi) to the the presence of PCEs 1, 2, 3, and 4. A occurs in Jordan, Hunter, Otter, Sandy, confluence of Persimmon Creek, diverse fish fauna, including potential and Little Cedar, Bottle, and Amos Mill Conecuh County, AL; Bottle Creek from fish host(s) for the Alabama pearlshell, Creek drainages. Although it historically its confluence with the Sepulga River are known from the Big Flat Creek occurred in the mainstem of Murder upstream 5.5 km (3.5 mi) to County drainage, indicating the potential Creek, it has not been collected there in Road 42, Conecuh County, AL; presence of PCE 5. recent years. Therefore, this short reach Persimmon Creek from its confluence Threats to the Alabama pearlshell and of Murder Creek is considered with the Sepulga River, Conecuh its habitat may require special unoccupied by the Alabama pearlshell, County upstream 36 km (22 mi) to the management of the PCEs including but essential to the conservation of the confluence of Mashy Creek, Butler maintaining natural stream flows and species. This unoccupied reach retains County, AL; Panther Creek from its protecting water quality from excessive the features of a natural stream channel confluence with Persimmon Creek point- and non-point-source pollution. and supports other native mussel upstream 11 km (7 mi) to State Route For example, runoff from agricultural species. It has potential for reoccupation 106, Butler County, AL; Pigeon Creek and industrial sites can alter water by the pearlshell, particularly if threats from its confluence with the Sepulga quality through added nutrients and can be identified and mitigated. River, Conecuh and Covington Counties sediment. Runoff from unpaved roads The unit currently supports healthy upstream 89 km (55 mi) to the can also add sediments, and poorly populations of several other native confluence of Three Run Creek, Butler designed road culverts can degrade mussel species indicating the presence County, AL; and Three Run Creek from habitats and limit distribution of the of PCEs 1, 2, 3, and 4. In addition, other its confluence with Pigeon Creek species. Some culverts can isolate mussel species, requiring similar PCEs, upstream 9 km (5.5 mi) to the pearlshell populations by acting as a co-occur with the pearlshell. A diverse confluence of Spring Creek, Butler barrier for dispersion and movement of fish fauna, including potential fish County, AL. host fish(es). host(s) for the Alabama pearlshell, are Unit GCM1 is proposed as critical known from these drainages, indicating habitat for the round ebonyshell, Unit AP2: Burnt Corn Creek, Murder the potential presence of PCE 5. southern sandshell, southern Creek, and Sepulga River Drainages, Threats to the Alabama pearlshell and kidneyshell, Choctaw bean, narrow Alabama its habitat may require special pigtoe, and fuzzy pigtoe. The southern Unit AP2 encompasses 156 km (97 management of the PCEs including, kidneyshell is not currently known to mi) of the Burnt Corn Creek, Murder alteration of natural stream flows, occur in the unit; however, this portion Creek, and Sepulga River drainages maintaining natural stream flows of the Escambia River system is within
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the species’ historical range, and we other mussels of the genus Fusconaia conservation of the southern consider it essential to the southern are known to use cyprinid minnows, a kidneyshell due to the need to re- kidneyshell’s conservation due to the fish species that occupies a variety of establish the species within other need to re-establish the species within habitats including large, flowing rivers, portions of its historical range in order other portions of its historical range in and lakes and reservoirs (Mettee et al. to reduce threats from stochastic events. order to reduce threats from stochastic 1996, p. 128). The unit currently The unit does currently support events. The unit currently supports supports narrow pigtoe populations, populations of southern sandshell, populations of round ebonyshell, indicating the presence of PCEs 1, 3, 4, Choctaw bean, narrow pigtoe, and fuzzy southern sandshell, Choctaw bean, and 5. We consider the habitat in this pigtoe indicating the presence of PCEs narrow pigtoe, and fuzzy pigtoe unit essential to the conservation of the 1, 2, 3, and 4. In addition, other mussel indicating the presence of PCEs 1, 2, 3, narrow pigtoe as it possesses the largest species, requiring similar PCEs, co- and 4. In addition, other mussel species, known population. The fuzzy pigtoe is occur with these four species. A diverse requiring similar PCEs, co-occur with known from this stretch of the Conecuh fish fauna, including a potential fish these five species. A diverse fish fauna, River (one specimen was collected in host for the fuzzy pigtoe, are known including potential fish host(s) for the 1915). However, the collection was from the Patsaliga Creek drainage, fuzzy pigtoe, are known from the made prior to construction of the indicating the potential presence of PCE Escambia River drainage, indicating the reservoirs in 1923, and it is not 5. potential presence of PCE 5. presently known to occur in this now- Prior to construction of the Point A Threats to the five species and their impounded section of the river. Lake and Gantt Lake dams in 1923, habitat that may require special Threats to the narrow pigtoe and its Patsaliga Creek drained directly to the management of the PCEs include the habitat that may require special Conecuh River main channel. It now potential of significant changes in the management of the PCEs include the empties into Point A Lake and is existing flow regime and water quality potential of significant changes in water effectively isolated from the main due to two upstream impoundments. As levels due to periodic drawdowns of the channel by the dams. The dams are discussed in Summary of Factors reservoirs for maintenance to the dams. barriers to upstream fish movement, Affecting the Species, under Dams and Within the two reservoirs, mussels particularly to anadromous fishes. Impoundments, mollusk declines below occur in shallow areas near the shore, Therefore, a potential threat that may dams are associated with changes and where they are susceptible to exposure require special management of the PCEs fluctuation in flow regime, scouring and when water levels are lowered. A includes the absence of fish hosts. erosion, reduced dissolved oxygen drawdown of Point A Lake in 2005 and Unit GCM4: Upper Escambia River levels and water temperatures, and Gantt Lake in 2006 exposed and killed Drainage, Alabama changes in resident fish assemblages. a substantial number of mussels These alterations can cause mussel (Johnson 2006a in litt.; Johnson 2006b in Unit GCM4 encompasses 137 km (85 declines for many miles below the dam. litt.). During the Gantt drawdown, 142 mi) of the Conecuh River mainstem and individuals of narrow pigtoe were two tributary streams in Covington, Unit GCM2: Point A Lake and Gantt relocated after being stranded in Crenshaw, Pike, and Bullock Counties, Lake Reservoirs, Alabama dewatered areas near the shoreline AL, within the Escambia River drainage. Unit GCM2 encompasses 21 km (13 (Garner 2009 pers. comm.; Pursifull The unit consists of the Conecuh River mi) of the Point A Lake and Gantt Lake 2006 pers. obs.). from its confluence with Gantt Lake reservoir system in Covington County, reservoir at the Covington-Crenshaw AL. Both lakes are impoundments on Unit GCM3: Patsaliga Creek Drainage, County line upstream 126 km (78 mi) to the Conecuh River main channel in the Alabama County Road 8, Bullock County, AL; Escambia River drainage. The unit Unit GCM3 encompasses 149 km (92 Beeman Creek from its confluence with extends from Point A Lake dam, mi) of Patsaliga Creek and two tributary the Conecuh River upstream 6.5 km (4 Covington County upstream 21 km (13 streams in Covington, Crenshaw, and mi) to the confluence of Mill Creek, Pike mi) to the Covington-Crenshaw County Pike Counties, AL, within the Escambia County, AL; and Mill Creek from its line in Alabama. River basin. The unit consists of the confluence with Beeman Creek, Unit GCM2 is proposed as critical Patsaliga Creek mainstem from its upstream 4.5 km (3 mi) to County Road habitat for the narrow pigtoe. As confluence with Point A Lake at County 13, Pike County, AL. mentioned in the PCEs for the narrow Road 59, Covington County, AL, Unit GCM4 is proposed as critical pigtoe (above), we attribute its upstream 108 km (67 mi) to Crenshaw habitat for the southern sandshell, occurrence in these two impoundments County Road 66–Pike County Road 1 southern kidneyshell, Choctaw bean, to the small size of the reservoirs and to (the creek is the county boundary), AL; narrow pigtoe, and fuzzy pigtoe. The the operational regime of the dams. This Little Patsaliga Creek from its southern kidneyshell is not currently allows for water movement through the confluence with Patsaliga Creek known to occur in the unit; however, system, and prevents silt accumulation upstream 28 km (17 mi) to Mary Daniel this portion of the Conecuh River is in some areas. The largest narrow pigtoe Road, Crenshaw County, AL; and within the species’ historical range, and population occurs in the middle reach Olustee Creek from its confluence with we consider it to be essential to the of Gantt Lake, where the reservoir Patsaliga Creek upstream 12 km (8 mi) conservation of the southern narrows and becomes somewhat to County Road 5, Pike County, AL. kidneyshell due to the need to re- riverine. Although the natural state of Unit GCM3 is proposed as critical establish the species within other the river’s hydrological flow regime is habitat for the southern sandshell, portions of its historical range in order modified, it does retain the features southern kidneyshell, Choctaw bean, to reduce threats from stochastic events. necessary to maintain the benthic narrow pigtoe, and fuzzy pigtoe. The The unit does currently support habitats where the species are found. southern kidneyshell is not currently populations of southern sandshell, The persistence of the narrow pigtoe known to occur in the unit; however, Choctaw bean, narrow pigtoe, and fuzzy within these reservoirs indicates the this portion of the Patsaliga Creek pigtoe indicating the presence of PCEs presence of an appropriate fish host. system is within the species’ historical 1, 2, 3, and 4. In addition, other mussel Although its fish host(s) is unknown, range. We consider it essential to the species requiring similar PCEs co-occur
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with these four species. A diverse fish Unit GCM6: Choctawhatchee River and (4 mi) to Fowler Branch, Holmes fauna, including a potential fish host for Lower Pea River Drainages, Florida and County, FL; East Pittman Creek from its the fuzzy pigtoe, are known from the Alabama confluence with the Choctawhatchee upper Escambia River drainage, Unit GCM6 encompasses 892 km (554 River upstream 4.5 km (3 mi) to County indicating the potential presence of PCE mi) of the Choctawhatchee River Road 179, Holmes County, FL; Parrot 5. mainstem, the lower Pea River Creek from its confluence with the The Point A Lake and Gantt Lake mainstem, and 29 tributary streams in Choctawhatchee River upstream 6 km (4 dams on the Conecuh River mainstem Walton, Washington, Bay, Holmes, and mi) to Tommy Lane, Holmes County, are barriers to upstream fish movement, Jackson Counties, FL; and Geneva, FL; the Pea River from its confluence particularly to anadromous fishes. Coffee, Dale, Houston, Henry, Pike, and with the Choctawhatchee River, Geneva Therefore, a potential threat that may Barbour Counties, AL. The unit consists County upstream 91 km (57 mi) to the require special management of the PCEs of the Choctawhatchee River from the Elba Dam, Coffee County, AL; includes the absence of fish hosts. confluence of Pine Log Creek, Walton Limestone Creek from its confluence with the Pea River upstream 8.5 km (5 Unit GCM5: Yellow River Drainage, County, FL upstream 200 km (125 mi) mi) to Woods Road, Walton County, FL; Florida and Alabama to the point the river splits into the West Fork Choctawhatchee and East Fork Flat Creek from the Pea River upstream Unit GCM5 encompasses 253 km (157 Choctawhatchee Rivers, Barbour 17 km (10 mi) to the confluence of mi) of the Yellow River mainstem, the County, AL; Pine Log Creek from its Panther Creek, Geneva County, AL; Shoal River mainstem and three confluence with the Choctawhatchee Eightmile Creek from its confluence tributary streams in Santa Rosa, River, Walton County, upstream 19 km with Flat Creek, Geneva County, AL, Okaloosa, and Walton Counties, FL; and (12 mi) to the confluence of Ditch upstream 15 km (9 mi) to the confluence Covington County, AL. The unit Branch, Washington and Bay Counties, of Dry Branch (first tributary upstream consists of the Yellow River from the FL; an unnamed channel forming of County Road 181), Walton County, confluence of Weaver River, (a tributary Cowford Island from its downstream FL; Corner Creek from its confluence located 0.9 km (0.6 mi) downstream of confluence with the Choctawhatchee with Eightmile Creek upstream 5 km (3 State Route 87), Santa Rosa County, FL, River upstream 3 km (2 mi) to its mi) to State Route 54, Geneva County, upstream 157 km (97 mi) to County upstream confluence with the river, AL; Natural Bridge Creek from its Road 42, Covington County, AL; the Washington County, FL; Crews Lake confluence with Eightmile Creek Shoal River from its confluence with the from its western terminus 1.5 km (1 mi) Geneva County, AL, upstream, 4 km (2.5 Yellow River, Okaloosa County, FL, to its eastern terminus, Washington mi) to the Covington-Geneva County upstream 51 km (32 mi) to the County, FL (Crews Lake is a relic line, AL; Double Bridges Creek from the confluence of Mossy Head Branch, channel southwest of Cowford Island, Choctawhatchee River, Geneva County Walton County, FL; Pond Creek from its and is disconnected from the Cowford upstream 46 km (29 mi) to the confluence with the Shoal River, Island channel, except during high confluence of Blanket Creek, Coffee Okaloosa County, FL, upstream 24 km flows); Holmes Creek from its County, AL; Claybank Creek from the (15 mi) to the confluence of Fleming confluence with the Choctawhatchee Choctawhatchee River, Geneva County Creek, Walton County, FL; Five Runs River, Washington County, FL, upstream 22 km (14 mi) to the Fort Creek from its confluence with the upstream 98 km (61 mi) to County Road Rucker military reservation southern Yellow River upstream 15 km (9.5 mi) 4, Geneva County, AL; Alligator Creek boundary, Dale County, AL; Claybank to County Road 31, Covington County, from its confluence with Holmes Creek Creek from the Fort Rucker military AL; and Hollis Creek from its upstream 6.5 km (4 mi) to County Road reservation northern boundary, confluence with the Yellow River 166, Washington County, FL; Bruce upstream 6 km (4 mi) to County Road upstream 5.5 km (3.5 mi) to County Creek from its confluence with the 36, Dale County, AL; Steep Head Creek Road 42, Covington County, AL. Choctawhatchee River upstream 25 km from the Fort Rucker military Unit GCM5 is proposed as critical (16 mi) to the confluence of an unnamed reservation western boundary, upstream habitat for the southern sandshell, tributary, Walton County, FL; Sandy 4 km (2.5 mi) to County Road 156, Choctaw bean, narrow pigtoe, and fuzzy Creek from its confluence with the Coffee County, AL; Hurricane Creek pigtoe. The southern kidneyshell is Choctawhatchee River, Walton County from its confluence with the known from the Yellow River drainage; upstream 30 km (18 mi) to the Choctawhatchee River upstream 14 km however, its occurrence in the basin is confluence of West Sandy Creek, (8.5 mi) to State Route 52, Geneva based on the collection of one specimen Walton County, FL; Blue Creek from its County, AL; Little Choctawhatchee in 1919 from Hollis Creek in Alabama. confluence with Sandy Creek, upstream River from its confluence with the We believe this single, historical record 7 km (4.5 mi) to the confluence of Goose Choctawhatchee River, Dale and is not sufficient to consider this unit as Branch, Holmes County, FL; West Houston Counties upstream 20 km (13 essential to the conservation of the Sandy Creek from its confluence with mi) to the confluence of Newton Creek, southern kidneyshell. Therefore, we are Sandy Creek, upstream 5.5 km (3.5 mi) Houston County, AL; Panther Creek not designating Unit GCM5 as critical to the confluence of an unnamed from its confluence with the Little habitat for the southern kidneyshell at tributary, Walton County, FL; Wrights Choctawhatchee River, upstream 4.5 km this time. The unit does currently Creek from its confluence with the (2.5 mi) to the confluence of Gilley Mill support populations of southern Choctawhatchee River, Holmes County, Branch, Houston County, AL; Bear sandshell, Choctaw bean, narrow pigtoe, FL, upstream 43 km (27 mi) to County Creek from its confluence with the Little and fuzzy pigtoe indicating the presence Road 4, Geneva County, AL; Tenmile Choctawhatchee River, upstream 5.5 km of PCEs 1, 2, 3, and 4. In addition, other Creek from its confluence with Wrights (3.5 mi) to County Road 40 (Fortner mussel species, requiring similar PCEs, Creek upstream 6 km (3.5 mi) to the Street), Houston County, AL; West Fork co-occur with these four species. A confluence of Rice Machine Branch, Choctawhatchee River from its diverse fish fauna are known from the Holmes County, FL; West Pittman Creek confluence with the Choctawhatchee Yellow River drainage, indicating the from its confluence with the River, Dale County upstream 54 km (33 potential presence of PCE 5. Choctawhatchee River upstream 6.5 km mi) to the fork of Paul’s Creek and
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Lindsey Creek, Barbour County, AL; oxygen levels and water temperatures, to ensure that any action they fund, Judy Creek from its confluence with and changes in resident fish authorize, or carry out is not likely to West Fork Choctawhatchee River assemblages. These alterations can jeopardize the continued existence of upstream 17 km (11 mi) to County Road cause mussel declines for many miles any endangered species or threatened 13, Dale County, AL; Sikes Creek from below the dam. species or result in the destruction or its confluence with West Fork adverse modification of designated Choctawhatchee River, Dale County Unit GCM7: Upper Pea River Drainage, critical habitat of such species. In upstream 8.5 km (5.5 mi) to State Route Alabama addition, section 7(a)(4) of the Act 10, Barbour County, AL; Paul’s Creek Unit GCM7 encompasses 234 km (145 requires Federal agencies to confer with from its confluence with West Fork mi) of the upper Pea River mainstem the Service on any agency action which Choctawhatchee River upstream 7 km and six tributary streams in Coffee, Dale, is likely to jeopardize the continued (4.5 mi) to one mile upstream of County Pike, Barbour, and Bullock Counties, existence of any species proposed to be Road 20, Barbour County, AL; Lindsey AL. This unit is within the listed under the Act or result in the Creek from its confluence with West Choctawhatchee River basin and destruction or adverse modification of Fork Choctawhatchee River upstream 14 includes the stream segments upstream proposed critical habitat. km (8.5 mi) to the confluence of an of the Elba dam. The unit consists of the Decisions by the 5th and 9th Circuit unnamed tributary, Barbour County, AL; Pea River from the Elba dam, Coffee Courts of Appeal have invalidated our an unnamed tributary to Lindsey Creek County upstream 123 km (76 mi) to regulatory definition of ‘‘destruction or from its confluence with Lindsey Creek State Route 239, Bullock and Barbour adverse modification’’ (50 CFR 402.02) upstream 2.5 km (1.5 mi) to 1.0 mile Counties, AL; Whitewater Creek from its (see Gifford Pinchot Task Force v. U.S. upstream of County Road 53, Barbour confluence with the Pea River, Coffee Fish and Wildlife Service, 378 F. 3d County, AL; and East Fork County upstream 45 km (28 mi) to the 1059 (9th Cir. 2004) and Sierra Club v. Choctawhatchee River from its confluence of Walnut Creek, Pike U.S. Fish and Wildlife Service, 245 F.3d confluence with Choctawhatchee River, County, AL; Walnut Creek from its 434, 442 (5th Cir. 2001)), and we do not Dale County upstream 71 km (44 mi) to confluence with Whitewater Creek rely on this regulatory definition when County Road 71, Barbour County, AL. upstream 14 km (9 mi) to County Road analyzing whether an action is likely to Unit GCM6 is proposed as critical 26, Pike County, AL; Big Creek (Coffee destroy or adversely modify critical habitat for the southern sandshell, County Big Creek) from its confluence habitat. Under the statutory provisions southern kidneyshell, Choctaw bean, with Whitewater Creek, Coffee County of the Act, we determine destruction or tapered pigtoe, and fuzzy pigtoe. The upstream 30 km (18 mi) to the adverse modification on the basis of unit currently supports populations of confluence of Smart Branch, Pike whether, with implementation of the the five species and other mussel County, AL; Big Creek (Barbour County proposed Federal action, the affected species requiring similar PCEs, Big Creek) from its confluence with the critical habitat would continue to serve indicating the presence of PCEs 1, 2, 3, Pea River upstream 10 km (6 mi) to the its intended conservation role for the and 4. A diverse fish fauna is known confluence of Sand Creek, Barbour species. from the Choctawhatchee River, County, AL; Pea Creek from its If a Federal action may affect a listed including a potential fish host for the confluence with the Pea River upstream species or its critical habitat, the fuzzy pigtoe and tapered pigtoe, 6 km (4 mi) to the confluence of responsible Federal agency (action indicating the potential presence of PCE Hurricane Creek, Barbour County, AL; agency) must enter into consultation 5. and Big Sandy Creek from its with us. Examples of actions that are Not included in this unit are two confluence with the Pea River upstream subject to the section 7 consultation oxbow lakes now disconnected from the 6.5 km (4 mi) to County Road 14, process are actions on State, tribal, Choctawhatchee River main channel in Bullock County, AL. local, or private lands that require a Washington County, FL. Horseshoe Lake Unit GCM7 is proposed as critical Federal permit (such as a permit from has a record of the southern kidneyshell habitat for the southern sandshell, the U.S. Army Corps of Engineers under from 1932, and Crawford Lake has southern kidneyshell, Choctaw bean, section 404 of the Clean Water Act (33 records of the Choctaw bean and tapered pigtoe, and fuzzy pigtoe. The U.S.C. 1251 et seq.) or a permit from the tapered pigtoe from 1934. It is possible unit currently supports populations of Service under section 10 of the Act) or these oxbow lakes had some connection the five species, and other mussel that involve some other Federal action to the main channel when the species requiring similar PCEs, (such as funding from the Federal collections were made over 75 years indicating the presence of PCEs 1, 2, 3, Highway Administration, Federal ago. The three species are not currently and 4. A diverse fish fauna is known Aviation Administration, or the Federal known to occur in Horseshoe or from the upper Pea River, including Emergency Management Agency). Crawford lakes, and we do not consider potential fish host(s) for the fuzzy pigtoe Federal actions not affecting listed them essential to the conservation of the and tapered pigtoe, indicating the species or critical habitat, and actions southern kidneyshell, Choctaw bean, or potential presence of PCE 5. on State, tribal, local, or private lands tapered pigtoe. The Elba dam on the Pea River that are not federally funded or Threats to the five species and their authorized, do not require section 7 habitat that may require special mainstem is a barrier to upstream fish movement, particularly to anadromous consultation. management of the PCEs include the As a result of section 7 consultation, fishes. Therefore, a potential threat that potential of significant changes in the we document compliance with the may require special management of the existing flow regime and water quality requirements of section 7(a)(2) through PCEs includes the absence of potential due to the Elba dam on the Pea River our issuance of: host fishes. mainstem. As discussed in Summary of (1) A concurrence letter for Federal Factors Affecting the Species, under Effects of Critical Habitat Designation actions that may affect, but are not Dams and Impoundments, mollusk likely to adversely affect, listed species Section 7 Consultation declines below dams are associated with or critical habitat; or changes and fluctuation in flow regime, Section 7(a)(2) of the Act requires (2) A biological opinion for Federal scouring and erosion, reduced dissolved Federal agencies, including the Service, actions that may affect, or are likely to
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adversely affect, listed species or critical appreciably reduces the conservation deposition or filamentous algal growth. habitat. value of critical habitat for Alabama Such activities could include, but are When we issue a biological opinion pearlshell, round ebonyshell, southern not limited to, construction projects, concluding that a project is likely to sandshell, southern kidneyshell, livestock grazing, timber harvest, and jeopardize the continued existence of a Choctaw bean, tapered pigtoe, narrow other watershed and floodplain listed species and/or destroy or pigtoe, or fuzzy pigtoe. As discussed disturbances that release sediments or adversely modify critical habitat, we above, the role of critical habitat is to nutrients into the water. These activities provide reasonable and prudent support life-history needs and provide could eliminate or reduce habitats alternatives to the project, if any are for the conservation of these species. necessary for the growth and identifiable, that would avoid the Section 4(b)(8) of the Act requires us reproduction of these mussels by likelihood of jeopardy and/or to briefly evaluate and describe, in any causing excessive sedimentation and destruction or adverse modification of proposed or final regulation that burial of the species or their habitats, or critical habitat. We define ‘‘reasonable designates critical habitat, activities nutrification leading to excessive and prudent alternatives’’ (at 50 CFR involving a Federal action that may filamentous algal growth. Excessive 402.02) as alternative actions identified destroy or adversely modify such filamentous algal growth can cause during consultation that: habitat, or that may be affected by such reduced nighttime dissolved oxygen (1) Can be implemented in a manner designation. levels through respiration, and prevent consistent with the intended purpose of Activities that may affect critical juvenile mussels from settling into the action; habitat, when carried out, funded, or stream sediments. (2) Can be implemented consistent authorized by a Federal agency, should with the scope of the Federal agency’s result in consultation for the Alabama Exemptions legal authority and jurisdiction; pearlshell, round ebonyshell, southern Application of Section 4(a)(3) of the Act (3) Are economically and sandshell, southern kidneyshell, technologically feasible; and Choctaw bean, tapered pigtoe, narrow The Sikes Act Improvement Act of (4) Would, in the Director’s opinion, pigtoe, or fuzzy pigtoe. These activities 1997 (Sikes Act) (16 U.S.C. 670a) avoid the likelihood of jeopardizing the include, but are not limited to: required each military installation that continued existence of the listed species (1) Actions that would alter the includes land and water suitable for the and/or avoid the likelihood of geomorphology of their stream and river conservation and management of destroying or adversely modifying habitats. Such activities could include, natural resources to complete an critical habitat. but are not limited to, instream integrated natural resource management Reasonable and prudent alternatives excavation or dredging, impoundment, plan (INRMP) by November 17, 2001. can vary from slight project channelization, and discharge of fill An INRMP integrates implementation of modifications to extensive redesign or materials. These activities could cause the military mission of the installation relocation of the project. Costs aggradation or degradation of the with stewardship of the natural associated with implementing a channel bed elevation or significant resources found on the base. Each reasonable and prudent alternative are bank erosion and result in entrainment INRMP includes: similarly variable. or burial of these mussels, and could (1) An assessment of the ecological Regulations at 50 CFR 402.16 require cause other direct or cumulative adverse needs on the installation, including the Federal agencies to reinitiate effects to these species and their life need to provide for the conservation of consultation on previously reviewed cycles. listed species; actions in instances where we have (2) Actions that would significantly (2) A statement of goals and priorities; listed a new species or subsequently alter the existing flow regime. Such (3) A detailed description of designated critical habitat that may be activities could include, but are not management actions to be implemented affected and the Federal agency has limited to; impoundment, water to provide for these ecological needs; retained discretionary involvement or diversion, water withdrawal, water and control over the action (or the agency’s draw-down, and hydropower (4) A monitoring and adaptive discretionary involvement or control is generation. These activities could management plan. authorized by law). Consequently, eliminate or reduce the habitat Among other things, each INRMP Federal agencies sometimes may need to necessary for growth and reproduction must, to the extent appropriate and request reinitiation of consultation with of these mussels. applicable, provide for fish and wildlife us on actions for which formal (3) Actions that would significantly management; fish and wildlife habitat consultation has been completed, if alter water chemistry or water quality enhancement or modification; wetland those actions with discretionary (for example, temperature, pH, protection, enhancement, and involvement or control may affect contaminants, and excess nutrients). restoration where necessary to support subsequently listed species or Such activities could include, but are fish and wildlife; and enforcement of designated critical habitat. not limited to, hydropower discharges, applicable natural resource laws. or the release of chemicals, biological The National Defense Authorization Application of the ‘‘Adverse pollutants, or heated effluents into Act for Fiscal Year 2004 (Pub. L. 108– Modification’’ Standard surface water or connected groundwater 136) amended the Act to limit areas The key factor related to the adverse at a point source or by dispersed release eligible for designation as critical modification determination is whether, (non-point source). These activities habitat. Specifically, section 4(a)(3)(B)(i) with implementation of the proposed could alter water conditions that are of the Act (16 U.S.C. 1533(a)(3)(B)(i)) Federal action, the affected critical beyond the tolerances of these mussels now provides: ‘‘The Secretary shall not habitat would continue to serve its and result in direct or cumulative designate as critical habitat any lands or intended conservation role for the adverse effects to the species and their other geographical areas owned or species. Activities that may destroy or life cycles. controlled by the Department of adversely modify critical habitat are (4) Actions that would significantly Defense, or designated for its use, that those that alter the physical or alter stream bed material composition are subject to an integrated natural biological features to an extent that and quality by increasing sediment resources management plan prepared
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under section 101 of the Sikes Act (16 revisions to critical habitat on the basis National Security Impacts U.S.C. 670a), if the Secretary determines of the best available scientific data after Under section 4(b)(2) of the Act, we in writing that such plan provides a taking into consideration the economic consider whether there are lands owned benefit to the species for which critical impact, national security impact, and or managed by the Department of habitat is proposed for designation.’’ any other relevant impact of specifying Defense where a national security The U.S. Army-operated Fort Rucker any particular area as critical habitat. impact might exist. In preparing this Aviation Center, located in Daleville, The Secretary may exclude an area from proposal, we have determined that some AL, owns lands that include portions of critical habitat if he determines that the lands owned by the Department of the proposed critical habitat designation benefits of such exclusion outweigh the Defense (Fort Rucker Army Aviation benefits of specifying such area as part (specifically unit GCM6, Center) are within the proposed of the critical habitat, unless he Choctawhatchee River and Lower Pea designation of critical habitat for these determines, based on the best scientific River Drainage). Portions of Claybank eight mussels. However, this installation data available, that the failure to and Steep Head Creeks are on lands has a completed INRMP that provides designate such area as critical habitat within the Fort Rucker military for the conservation of aquatic fish and will result in the extinction of the reservation. Fort Rucker has completed wildlife and their habitats, and therefore species. In making that determination, an INRMP (BioResources 2007) that stream sections within the installation the statute on its face, as well as the guides conservation activities on the are already exempted from the legislative history, are clear that the installation through 2014. This INRMP definition of critical habitat under does not mention any of the southern Secretary has broad discretion regarding which factor(s) to use and how much Section 4(a)(3)(B)(i) (see Exemptions sandshell, southern kidneyshell, above) so that there is no need to Choctaw bean, tapered pigtoe, and fuzzy weight to give to any factor. Under section 4(b)(2) of the Act, we propose them for exclusion under pigtoe by name, but does specifically Section 4(b)(2) based on national address maintaining and improving may exclude an area from designated critical habitat based on economic security impact. We have also proposed water quality through reduction in portions of the Yellow and Shoal Rivers sedimentation and erosion control, land impacts, impacts on national security, or any other relevant impacts. In that form the northwestern boundary of management practices, and improved Eglin Air Force Base as critical habitat. treatment facilities (BioResources 2007, considering whether to exclude a particular area from the designation, we However, these rivers are adjacent to the pp. 82–83, p. 90, pp.128–129). Based on installation and not owned by the the above considerations, and in identify the benefits of including the area in the designation, identify the Department of Defense. Therefore, we accordance with section 4(a)(3)(B)(i) of do not propose to exclude them under the Act, we have determined that the benefits of excluding the area from the designation, and evaluate whether the Section 4(b)(2) based on national identified lands are subject to the Fort security concerns. Rucker INRMP and that conservation benefits of exclusion outweigh the efforts identified in the INRMP will benefits of inclusion. If the analysis Other Relevant Impacts provide a benefit to the southern indicates that the benefits of exclusion outweigh the benefits of inclusion, the Under section 4(b)(2) of the Act, we sandshell, southern kidneyshell, consider any other relevant impacts, in Choctaw bean, tapered pigtoe, and fuzzy Secretary may exercise his discretion to exclude the area only if such exclusion addition to economic impacts and pigtoe occurring in habitats within or impacts on national security. We downstream of the Fort Rucker military would not result in the extinction of the species. consider a number of factors, including reservation. Therefore, lands within this whether the landowners have developed installation are exempt from critical Economic Impacts any HCPs or other management plans habitat designation under section 4(a)(3) Under section 4(b)(2) of the Act, we for the area, or whether there are of the Act. Pursuant to this exemption, consider the economic impacts of conservation partnerships that would be we are not including approximately 16 specifying any particular area as critical encouraged by designation of, or mi (25 km) of stream habitat in this habitat. In order to consider economic exclusion from, critical habitat. In proposed critical habitat designation. impacts, we are preparing an analysis of addition, we look at any tribal issues, Eglin Air Force Base (AFB), located in the economic impacts of the proposed and consider the government-to- Niceville, FL, owns the lands adjacent critical habitat designation and related government relationship of the United to the proposed critical habitat factors. States with tribal entities. We also designation (specifically unit GCM5, We will announce the availability of consider any social impacts that might Yellow River Drainage). The lower the draft economic analysis as soon as occur because of the designation. portions of the Shoal and Yellow Rivers it is completed, at which time we will In preparing this proposal, we have form the northwestern boundary of the seek public review and comment. At determined that there are currently no military reservation. However, no that time, copies of the draft economic HCPs or other management plans for the portions of stream or river channels analysis will be available for Alabama pearlshell, round ebonyshell, proposed for critical habitat designation downloading from the Internet at southern sandshell, southern occur within the boundary of the http://www.regulations.gov, or by kidneyshell, Choctaw bean, tapered military reservation, and therefore are contacting the Panama City, FL, Fish pigtoe, narrow pigtoe, and fuzzy pigtoe, not proposed for exemption. These and Wildlife Office directly (see FOR and the proposed designation does not reaches are also currently designated FURTHER INFORMATION CONTACT section). include any tribal lands or trust critical habitat for the Gulf sturgeon During the development of a final resources. We anticipate no impact on (Acipenser oxyrinchus desotoi) (68 FR designation, we will consider economic tribal lands, partnerships, or HCPs from 13370). impacts, public comments, and other this proposed critical habitat Exclusions new information, and areas may be designation. Accordingly, the Secretary excluded from the final critical habitat does not propose to exert his discretion Application of Section 4(b)(2) of the Act designation under section 4(b)(2) of the to exclude any areas from the final Section 4(b)(2) of the Act states that Act and our implementing regulations at designation based on other relevant the Secretary shall designate and make 50 CFR 424.19. impacts.
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Peer Review Regulatory Flexibility Act (a) This rule will not produce a Federal mandate. In general, a Federal In accordance with our joint policy on Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq., as amended mandate is a provision in legislation, peer review published in the Federal statute, or regulation that would impose Register on July 1, 1994 (59 FR 34270), by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of an enforceable duty upon State, local, or we will seek the expert opinions of at tribal governments, or the private sector, least three appropriate and independent 1996), whenever an agency must publish a notice of rulemaking for any and includes both ‘‘Federal specialists regarding this proposed rule. intergovernmental mandates’’ and The purpose of peer review is to ensure proposed or final rule, it must prepare and make available for public comment ‘‘Federal private sector mandates.’’ that our critical habitat designation is These terms are defined in 2 U.S.C. based on scientifically sound data, a regulatory flexibility analysis that describes the effects of the rule on small 658(5)–(7). ‘‘Federal intergovernmental assumptions, and analyses. We have mandate’’ includes a regulation that invited these peer reviewers to comment entities (small businesses, small organizations, and small government ‘‘would impose an enforceable duty during this public comment period on upon State, local, or [T]ribal our specific assumptions and jurisdictions). However, no regulatory flexibility analysis is required if the governments’’ with two exceptions. It conclusions in this proposed excludes ‘‘a condition of Federal designation of critical habitat. head of the agency certifies the rule will not have a significant economic impact assistance.’’ It also excludes ‘‘a duty We will consider all comments and on a substantial number of small arising from participation in a voluntary information received during this entities. The SBREFA amended RFA to Federal program,’’ unless the regulation comment period on this proposed rule require Federal agencies to provide a ‘‘relates to a then-existing Federal during our preparation of a final statement of the factual basis for program under which $500,000,000 or determination. Accordingly, the final certifying that the rule will not have a more is provided annually to State, decision may differ from this proposal. significant economic impact on a local, and [T]ribal governments under entitlement authority,’’ if the provision Public Hearings substantial number of small entities. At this time, we lack the available would ‘‘increase the stringency of Section 4(b)(5) of the Act provides for economic information necessary to conditions of assistance’’ or ‘‘place caps one or more public hearings on this provide an adequate factual basis for the upon, or otherwise decrease, the Federal proposal, if requested. Requests must be required RFA finding. Therefore, we Government’s responsibility to provide received within 45 days after the date of defer the RFA finding until completion funding,’’ and the State, local, or tribal publication of this proposed rule in the of the draft economic analysis prepared governments ‘‘lack authority’’ to adjust Federal Register. Such requests must be under section 4(b)(2) of the Act and E.O. accordingly. At the time of enactment, sent to the address shown in the 12866. This draft economic analysis will these entitlement programs were: ADDRESSES section. We will schedule provide the required factual basis for the Medicaid; AFDC work programs; Child public hearings on this proposal, if any RFA finding. Upon completion of the Nutrition; Food Stamps; Social Services are requested, and announce the dates, draft economic analysis, we will Block Grants; Vocational Rehabilitation times, and places of those hearings, as announce availability of the draft State Grants; Foster Care, Adoption well as how to obtain reasonable economic analysis of the proposed Assistance, and Independent Living; accommodations, in the Federal designation in the Federal Register and Family Support Welfare Services; and Register and local newspapers at least reopen the public comment period for Child Support Enforcement. ‘‘Federal 15 days before the hearing. the proposed designation. We will private sector mandate’’ includes a regulation that ‘‘would impose an Required Determinations include with this announcement, as appropriate, an initial regulatory enforceable duty upon the private Regulatory Planning and Review— flexibility analysis or a certification that sector, except (i) A condition of Federal Executive Order 12866 the rule will not have a significant assistance or (ii) a duty arising from economic impact on a substantial participation in a voluntary Federal The Office of Management and Budget number of small entities accompanied program.’’ (OMB) has determined that this rule is by the factual basis for that The designation of critical habitat not significant and has not reviewed determination. This includes does not impose a legally binding duty this proposed rule under Executive information on hydroelectric generation, on non-Federal entities or private Order 12866 (E.O. 12866). OMB bases transportation, mining, permitted parties. Under the Act, the only its determination upon the following discharges, as well as other economic regulatory effect is that Federal agencies four criteria: factors within the Escambia, Yellow, must ensure that their actions do not (1) Whether the rule will have an and Choctawhatchee River basins. We destroy or adversely modify critical annual effect of $100 million or more on have concluded that deferring the RFA habitat under section 7. While non- the economy or adversely affect an finding until completion of the draft Federal entities that receive Federal economic sector, productivity, jobs, the economic analysis is necessary to meet funding, assistance, or permits, or that environment, or other units of the the purposes and requirements of the otherwise require approval or government. RFA. Deferring the RFA finding in this authorization from a Federal agency for (2) Whether the rule will create manner will ensure that we make a an action, may be indirectly impacted inconsistencies with other Federal sufficiently informed determination by the designation of critical habitat, the agencies’ actions. based on adequate economic legally binding duty to avoid information and provide the necessary destruction or adverse modification of (3) Whether the rule will materially opportunity for public comment. critical habitat rests squarely on the affect entitlements, grants, user fees, Federal agency. Furthermore, to the loan programs, or the rights and Unfunded Mandates Reform Act extent that non-Federal entities are obligations of their recipients. In accordance with the Unfunded indirectly impacted because they (4) Whether the rule raises novel legal Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate or policy issues. seq.), we make the following findings: in a voluntary Federal aid program, the
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Unfunded Mandates Reform Act would Where State and local governments Clarity of the Rule not apply, nor would critical habitat require approval or authorization from a We are required by Executive Orders shift the costs of the large entitlement Federal agency for actions that may 12866 and 12988 and by the programs listed above onto State affect critical habitat, consultation Presidential Memorandum of June 1, governments. under section 7(a)(2) would be required. 1998, to write all rules in plain (b) We do not believe that the While non-Federal entities that receive language. This means that each rule we Federal funding, assistance, or permits, proposed designation of critical habitat publish must: or that otherwise require approval or for the Alabama pearlshell, round (a) Be logically organized; authorization from a Federal agency for ebonyshell, southern kidneyshell, (b) Use the active voice to address an action, may be indirectly impacted southern sandshell, Choctaw bean, readers directly; by the designation of critical habitat, the tapered pigtoe, narrow pigtoe, and fuzzy (c) Use clear language rather than legally binding duty to avoid pigtoe will significantly or uniquely jargon; destruction or adverse modification of affect small governments because these (d) Be divided into short sections and critical habitat rests squarely on the mussel species occur primarily in State- sentences; and Federal agency. owned river channels, or in remote (e) Use lists and tables wherever privately owned stream channels. As Civil Justice Reform possible. such, a Small Government Agency Plan In accordance with E.O. 12988 (Civil If you feel that we have not met these is not required. We will, however, Justice Reform), the Office of the requirements, send us comments by one further evaluate this issue as we Solicitor has determined that the rule of the methods listed in the ADDRESSES conduct our economic analysis and does not unduly burden the judicial section. To better help us revise the revise this assessment if appropriate. system and that it meets the rule, your comments should be as Takings requirements of sections 3(a) and 3(b)(2) specific as possible. For example, you of the Order. We have proposed should tell us the numbers of the In accordance with E.O. 12630 designating critical habitat in sections or paragraphs that are unclearly (Government Actions and Interference accordance with the provisions of the written, which sections or sentences are with Constitutionally Protected Private Act. This proposed rule uses standard too long, the sections where you feel Property Rights), we have analyzed the property descriptions and identifies the lists or tables would be useful, etc. potential takings implications of physical and biological features within designating critical habitat for the Government-to-Government the designated areas to assist the public Relationship With Tribes Alabama pearlshell, round ebonyshell, in understanding the habitat needs of southern sandshell, southern the Alabama pearlshell, round In accordance with the President’s kidneyshell, Choctaw bean, tapered ebonyshell, southern kidneyshell, memorandum of April 29, 1994, pigtoe, narrow pigtoe, and fuzzy pigtoe southern sandshell, Choctaw bean, Government-to-Government Relations in a takings implications assessment. tapered pigtoe, narrow pigtoe, and fuzzy with Native American Tribal The takings implications assessment pigtoe. Governments (59 FR 22951), E.O. 13175, concludes that this designation of and the Department of the Interior’s critical habitat for the eight species does Paperwork Reduction Act of 1995 manual at 512 DM 2, we readily not pose significant takings implications This rule does not contain any new acknowledge our responsibility to for lands within or affected by the collections of information that require communicate meaningfully with designation. approval by OMB under the Paperwork recognized Federal Tribes on a Federalism Reduction Act of 1995 (44 U.S.C. 3501 government-to-government basis. In et seq.). This rule will not impose accordance with Secretarial Order 3206 In accordance with E.O. 13132 recordkeeping or reporting requirements of June 5, 1997 (American Indian Tribal (Federalism), this proposed rule does on State or local governments, Rights, Federal-Tribal Trust not have significant Federalism effects. individuals, businesses, or Responsibilities, and the Endangered A Federalism assessment is not organizations. An agency may not Species Act), we readily acknowledge required. In keeping with Department of conduct or sponsor, and a person is not our responsibilities to work directly the Interior and Department of required to respond to, a collection of with Tribes in developing programs for Commerce policy, we requested information unless it displays a healthy ecosystems, to acknowledge that information from, and coordinated currently valid OMB control number. tribal lands are not subject to the same development of, this proposed critical controls as Federal public lands, to habitat designation with appropriate National Environmental Policy Act remain sensitive to Indian culture, and State resource agencies in Alabama and (NEPA) to make information available to Tribes. Florida. The designation may have some It is our position that, outside the We have determined that there are no benefit to these governments because jurisdiction of the U.S. Court of Appeals Tribal lands occupied at the time of the areas that contain the physical and for the Tenth Circuit, we do not need to listing that contain the features essential biological features essential to the prepare environmental analyses as for the conservation of, and no Tribal conservation of the species are more defined by NEPA (42 U.S.C. 4321 et lands that are essential for the clearly defined, and the features of the seq.) in connection with listing a species conservation of, these eight species. habitat necessary to the conservation of or designating critical habitat under the Therefore, we have not proposed the species are specifically identified. Act. We published a notice outlining designation of critical habitat for any of This information does not alter where our reasons for this determination in the the eight species on Tribal lands. and what federally sponsored activities Federal Register on October 25, 1983 may occur. However, it may assist local (48 FR 49244). This position was upheld Energy Supply, Distribution, or Use governments in long-range planning by the U.S. Court of Appeals for the On May 18, 2001, the President issued (rather than having them wait for case- Ninth Circuit (Douglas County v. an Executive Order (E.O. 13211; Actions by-case section 7 consultations to Babbitt, 48 F.3d 1495 (9th Cir. 1995), Concerning Regulations That occur). cert. denied 516 U.S. 1042 (1996)). Significantly Affect Energy Supply,
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Distribution, or Use) on regulations that threat to the species discussed in this Proposed Regulation Promulgation significantly affect energy supply, rule. All other proposed units are Accordingly, we propose to amend distribution, and use. E.O. 13211 remote from energy supply, distribution, part 17, subchapter B of chapter I, title requires agencies to prepare Statements or use activities. Therefore, this action 50 of the Code of Federal Regulations, of Energy Effects when undertaking is not a significant energy action, and no as set forth below: certain actions. We do not expect the Statement of Energy Effects is required. designation of critical habitat for the However, we will further evaluate this PART 17—ENDANGERED AND Alabama pearlshell, round ebonyshell, issue as we conduct our economic THREATENED WILDLIFE AND PLANTS southern sandshell, southern analysis, and review and revise this kidneyshell, Choctaw bean, tapered assessment as warranted. 1. The authority citation for part 17 pigtoe, narrow pigtoe, or fuzzy pigtoe to References Cited continues to read as follows: significantly affect energy supplies, A complete list of references cited is Authority: 16 U.S.C. 1361–1407; 16 U.S.C. distribution, or use. Although one of the available on the Internet at http:// 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– proposed units is below hydropower 625, 100 Stat. 3500; unless otherwise noted. www.regulations.gov and upon request reservoirs, current and proposed from the Panama City Field Office (see 2. Amend § 17.11(h) by adding: operating regimes have been deemed FOR FURTHER INFORMATION CONTACT). ‘‘bean, Choctaw,’’ ‘‘ebonyshell, adequate for the species, and therefore round,’’ ‘‘kidneyshell, southern,’’ their operations will not be affected by Author(s) ‘‘pearlshell, Alabama’’, ‘‘pigtoe, fuzzy’’, the proposed listing or designation of The primary author of this package is ‘‘pigtoe, narrow’’, ‘‘pigtoe, tapered’’, and critical habitat. As discussed in the Sandra Pursifull of the Panama City, FL, ‘‘sandshell, southern’’ in alphabetical ‘‘Summary of Factors Affecting the Fish and Wildlife Field Office. order under ‘‘CLAMS’’ to the List of Species’’ section, there is a large Endangered and Threatened Wildlife to List of Subjects in 50 CFR Part 17 concentration of oil wells located in read as follows: Conecuh and Escambia Counties, Endangered and threatened species, Alabama. Although this activity Exports, Imports, Reporting and § 17.11 Endangered and threatened primarily affects Units AP2 and GCM1, recordkeeping requirements, wildlife. we do not believe it is a significant Transportation. (h) * * *
Species Vertebrate population where Spe- Historic endan- Status When listed Critical cial Common name Scientific name range gered or habitat rules threat- ened
******* CLAMS ......
******* bean, Choctaw ...... Villosa choctawensis ...... U.S.A. (AL, NA E ...... 17.95(f) NA FL)
******* ebonyshell, round ...... Fusconaia rotulata ...... U.S.A. (AL, NA E ...... 17.95(f) NA FL)
******* kidneyshell, southern ...... Ptychobranchus jonesi ...... U.S.A. (AL, NA E ...... 17.95(f) NA FL)
******* pearlshell, Alabama ...... Margaritifera marrianae ...... U.S.A. (AL) NA E ...... 17.95(f) NA
******* pigtoe, fuzzy ...... Pleurobema strodeanum ...... U.S.A. (AL, NA T ...... 17.95(f) NA FL)
******* pigtoe, narrow ...... Fusconaia escambia ...... U.S.A. (AL, NA T ...... 17.95(f) NA FL)
******* pigtoe, tapered ...... Fusconaia burkei ...... U.S.A. (AL, NA T ...... 17.95(f) NA FL)
******* sandshell, southern ...... Hamiota australis ...... U.S.A. (AL, NA E ...... 17.95(f) NA FL)
*******
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3. In § 17.95, amend paragraph (f) by maintain lateral dimensions, the legal boundaries on the effective adding an entry for ‘‘eight mussel longitudinal profiles, and sinuosity date of this rule, with the exception of species in four northeastern Gulf of patterns over time without an aggrading the impoundments created by Point A Mexico drainages’’ and in the same or degrading bed elevation. and Gantt Lake dams (impounded alphabetical order that the species (ii) Stable substrates of sand or water, not the actual dam structures). appears in the table at § 17.11(h), to read mixtures of sand with clay or gravel (4) Critical habitat map units. Data as follows: with low to moderate amounts of fine layers defining map units were created sediment and attached filamentous with USGS National Hydrography § 17.95 Critical habitat—fish and wildlife. algae. Dataset (NHD) GIS data. The 1:100,000 * * * * * (iii) A hydrologic flow regime (the river reach (route) files were used to (f) Clams and Snails. magnitude, frequency, duration, and calculate river kilometers and miles. * * * * * seasonality of discharge over time) ESRIs ArcGIS 9.3.1 software was used to Eight mussel species in three necessary to maintain benthic habitats determine longitude and latitude northeast Gulf of Mexico drainages: the where the species are found; and to coordinates using decimal degrees. The Choctaw bean (Villosa choctawensis), maintain connectivity of rivers with the projection used in mapping all units round ebonyshell (Fusconaia rotulata), floodplain, allowing the exchange of was Universal Transverse Mercator southern kidneyshell (Ptychobranchus nutrients and sediment for habitat (UTM), NAD 83, Zone 16 North. The jonesi), Alabama pearlshell maintenance, food availability, and following data sources were referenced (Margaritifera marrianae), fuzzy pigtoe spawning habitat for native fishes. to identify features (like roads and (Pleurobema strodeanum), narrow (iv) Water quality, including streams) used to delineate the upstream pigtoe (Fusconaia escambia), tapered temperature (not greater than 32 °C), pH and downstream extents of critical pigtoe (Fusconaia burkei), and southern (between 6.0 to 8.5), oxygen content (not habitat units: NHD data, Washington sandshell (Hamiota australis). less than 5.0 mg/L), hardness, turbidity, County USFWS National Wetlands (1) Critical habitat units are and other chemical characteristics Inventory, 1999 Florida Department of designated in the following counties: necessary for normal behavior, growth, Transportation Roads Characteristics (i) Alabama. Barbour, Bullock, Butler, and viability of all life stages. Inventory (RCI) dataset, U.S. Census Coffee, Conecuh, Covington, Crenshaw, (v) The presence of fish hosts. Diverse Bureau 2000 TIGER line waterbody Dale, Escambia, Geneva, Henry, assemblages of native fish species will data, ESRIs World Street Map Service, Houston, Monroe, and Pike Counties. serve as a potential indication of host Florida Department of Transportation (ii) Florida. Bay, Escambia, Holmes, fish presence until appropriate host General Highway Maps, DeLorme Atlas Jackson, Okaloosa, Santa Rosa, Walton, fishes can be identified. For the fuzzy and Gazetteers, and USGS 7.5 minute and Washington Counties. pigtoe and tapered pigtoe, the presence topographic maps. (2) The primary constituent elements of blacktail shiner (Cyprinella venusta) (5) Note: Index map of critical habitat of critical habitat for the Alabama will serve as a potential indication of units for the Alabama pearlshell, and pearlshell, round ebonyshell, southern fish host presence. index map of critical habitat units for sandshell, southern kidneyshell, (3) Critical habitat does not include the round ebonyshell, southern Choctaw bean, tapered pigtoe, narrow manmade structures (such as buildings, sandshell, southern kidneyshell, pigtoe, and fuzzy pigtoe are: aqueducts, runways, dams, roads, and Choctaw bean, tapered pigtoe, narrow (i) Geomorphically stable stream and other paved areas) and the land on pigtoe, and fuzzy pigtoe follows: river channels and banks (channels that which they are located existing within BILLING CODE 4310–55–P
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(6) Unit AP1: Big Flat Creek Drainage, (11mi), Monroe and Wilcox Counties, (i) The unit includes the mainstem of Monroe and Wilcox Counties, AL. This AL. Burnt Corn Creek from its confluence unit is critical habitat for the Alabama (ii) Note: Map of Unit AP1, Big Flat with Murder Creek upstream 66 km (41 pearlshell. Creek Drainage, and Unit AP2, Burnt mi), Conecuh County, AL; the mainstem (i) The unit includes the mainstem of Corn Creek, Murder Creek, and Sepulga of Murder Creek from its confluence Big Flat Creek from Hwy 41 upstream 56 River Drainages, are combined and with Jordan Creek upstream 17 km (11 km (35 mi), Monroe County, AL; Flat follows the Unit AP2 description. mi) to the confluence of Otter Creek, Creek from its confluence with Big Flat (7) Unit AP2: Burnt Corn Creek, Conecuh County, AL; Jordan Creek from Creek upstream 20 km (12 mi), Monroe Murder Creek, and Sepulga River its confluence with Murder Creek upstream 12 km (7 mi), Conecuh County, AL; and Dailey Creek from its Drainages, Escambia and Conecuh Counties, AL. This unit is critical County, AL; Otter Creek from its confluence Flat Creek upstream 17 km habitat for the Alabama pearlshell. confluence with Murder Creek,
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upstream 9 km (5.5 mi), Conecuh other from it confluence with the upstream 3 km (2 mi), Conecuh County, County, AL; Hunter Creek from its previous unnamed tributary upstream AL; and Bottle Creek from its confluence with Murder Creek upstream 2.5 km (1.5 mi) to just above Hagood confluence with the Sepulga River 8 km (5 mi), Conecuh County, AL; Road; Little Cedar Creek from County upstream 5.5 km (3.5 mi) to County Sandy Creek from County Road 29 Road 6 upstream 8 km (5 mi), Conecuh Road 42, Conecuh County, AL. upstream 5 km (3.5 mi), Conecuh County, AL; Amos Mill Creek from its (ii) Note: Map of Unit AP1, Big Flat County, AL; two unnamed tributaries to confluence with the Sepulga River Sandy Creek—one from its confluence upstream 12 km (8 mi), Escambia and Creek Drainage, and Unit AP2, Burnt with Sandy Creek upstream 8.5 km (5.0 Conecuh Counties, AL; Polly Creek from Corn Creek, Murder Creek, and Sepulga mi) to just above Hagood Road and the its confluence with Amos Mill Creek River Drainages, follows:
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(8) Unit GCM1: Lower Escambia River (37 mi) to County Road 20, Conecuh County upstream 36 km (22 mi) to the Drainage in Escambia and Santa Rosa County, AL; Jordan Creek from its confluence of Mashy Creek, Butler Counties, FL, and Escambia, Covington, confluence with Murder Creek, County, AL; Panther Creek from its Conecuh, and Butler Counties, AL. This upstream 5.5 km (3.5 mi) to Interstate confluence with Persimmon Creek unit is critical habitat for the round 65, Conecuh County, AL; Mill Creek upstream 11 km (7 mi) to State Route ebonyshell, southern sandshell, from its confluence with Murder Creek 106, Butler County, AL; Pigeon Creek southern kidneyshell, Choctaw bean, upstream 2.5 km (1.5 mi) to the from its confluence with the Sepulga narrow pigtoe, and fuzzy pigtoe. confluence of Sandy Creek, Conecuh River, Conecuh and Covington Counties (i) The unit includes the Escambia- County, AL; Sandy Creek from its upstream 89 km (55 mi) to the Conecuh River mainstem from the confluence with Mill Creek upstream confluence of Three Run Creek, Butler confluence of Spanish Mill Creek 5.5 km (3.5 mi) to County Road 29, County, AL; and Three Run Creek from Escambia and Santa Rosa Counties, FL Conecuh County, AL; Sepulga River its confluence with Pigeon Creek upstream 204 km (127 mi) to the Point from its confluence with the Conecuh upstream 9 km (5.5 mi) to the A Lake dam, Covington County, AL; River upstream 69 km (43 mi) to the confluence of Spring Creek, Butler Murder Creek from its confluence with confluence of Persimmon Creek, County, AL. the Conecuh River, Escambia County, Conecuh County, AL; Bottle Creek from AL upstream 62 km (38 mi) to the its confluence with the Sepulga River (ii) Note: Map of Unit GCM1, Lower confluence of Cane Creek, Conecuh upstream 5.5 km (3.5 mi) to County Escambia River, follows (to preserve County, AL; Burnt Corn Creek from its Road 42, Conecuh County, AL; detail, the map is divided into south confluence with Murder Creek, Persimmon Creek from its confluence and north sections): Escambia County, AL, upstream 59 km with the Sepulga River, Conecuh BILLING CODE 4310–55–P
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(9) Unit GCM2: Point A Lake and (i) The unit extends from Point A (ii) Note: Map of Unit GCM2, Point A Gantt Lake Reservoirs in Covington Dam, Covington County, upstream 21 Lake and Gantt Lake Reservoirs, follows: County, AL. This unit is critical habitat km (13 mi) to the Covington-Crenshaw for the narrow pigtoe. County line, AL.
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(10) Unit GCM3: Patsaliga Creek (i) The unit includes Patsaliga Creek Road, Crenshaw County, AL; and Drainage in Covington, Crenshaw, and from its confluence with Point A Lake Olustee Creek from its confluence with Pike Counties, AL. The Patsaliga Creek at County Road 59, Covington County, Patsaliga Creek upstream 12 km (8 mi) drainage is within the Escambia River AL, upstream 108 km (67 mi) to to County Road 5, Pike County, AL. basin. This unit is critical habitat for the Crenshaw County Road 66–Pike County (ii) Note: Map of Unit GCM3, Patsaliga southern sandshell, southern Road 1, AL; Little Patsaliga Creek from Creek Drainage follows: kidneyshell, Choctaw bean, narrow its confluence with Patsaliga Creek pigtoe, and fuzzy pigtoe. upstream 28 km (17 mi) to Mary Daniel
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(11) Unit GCM4: Upper Escambia (i) The unit includes the Conecuh confluence of Mill Creek, Pike County, River Drainage in Covington, Crenshaw, River from its confluence with Gantt AL; and Mill Creek from its confluence Pike, and Bullock Counties, AL. This Lake reservoir at the Covington- with Beeman Creek, upstream 4.5 km (3 unit is critical habitat for the southern Crenshaw County line upstream 126 km mi) to County Road 13, Pike County, sandshell, southern kidneyshell, (78 mi) to County Road 8, Bullock AL. County, AL; Beeman Creek from its Choctaw bean, narrow pigtoe, and fuzzy (ii) Note: Map of Unit GCM 4, Upper pigtoe. confluence with the Conecuh River upstream 6.5 km (4 mi) to the Escambia River Drainage, follows:
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(12) Unit GCM5: Yellow River 87), Santa Rosa County, FL, upstream County, FL; Five Runs Creek from its Drainage in Santa Rosa, Okaloosa, and 157 km (97 mi) to County Road 42, confluence with the Yellow River Walton Counties, FL; and Covington Covington County, AL; the Shoal River upstream 15 km (9.5 mi) to County Road County, AL. This unit is critical habitat mainstem from its confluence with the 31, Covington County, AL; and Hollis for the southern sandshell, Choctaw Yellow River upstream 51 km (32 mi) to Creek from its confluence with the bean, narrow pigtoe, and fuzzy pigtoe. the confluence of Mossy Head Branch, Yellow River upstream 5.5 km (3.5 mi) (i) The unit includes the Yellow River Walton County, FL; Pond Creek from its to County Road 42, Covington County, mainstem from the confluence of confluence with the Shoal River AL. Weaver River, (a distributary located 0.9 upstream 24 km (15 mi) to the (ii) Note: Map of Unit GCM5, Yellow km (0.6 mi) downstream of State Route confluence of Fleming Creek, Walton River Drainage, follows:
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BILLING CODE 4310–55–C (i) The unit includes the channel forming Cowford Island from (13) Unit GCM6: Choctawhatchee Choctawhatchee River mainstem from its downstream confluence with the River and Lower Pea River Drainages in the confluence of Pine Log Creek, Choctawhatchee River upstream 3 km (2 Walton, Washington, Bay, Holmes, and Walton County, FL upstream 200 km mi) to its upstream confluence with the Jackson Counties, FL; and Geneva, (125 mi) to the point the river splits into river, Washington County, FL; Crews Coffee, Dale, Houston, Henry, Pike, and the West Fork Choctawhatchee and East Lake from its western terminus 1.5 km Barbour Counties, AL. This unit is Fork Choctawhatchee Rivers, Barbour (1 mi) to its eastern terminus, critical habitat for the southern County, AL; Pine Log Creek from its Washington County, FL (Crews Lake is sandshell, southern kidneyshell, confluence with the Choctawhatchee a relic channel southwest of Cowford Choctaw bean, tapered pigtoe, and fuzzy River, Walton County upstream 19 km Island, and is disconnected from the pigtoe. (12 mi) to Ditch Branch, Washington Cowford Island channel, except during and Bay Counties, FL; an unnamed high flows); Holmes Creek from its
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confluence with the Choctawhatchee Limestone Creek from its confluence from its confluence with Little River, Washington County, FL upstream with the Pea River upstream 8.5 km (5 Choctawhatchee River, upstream 4.5 km 98 km (61 mi) to County Road 4, Geneva mi) to Woods Road, Walton County, FL; (2.5 mi) to the confluence of Gilley Mill County, AL; Alligator Creek from its Flat Creek from the Pea River upstream Branch, Houston County, AL; Bear confluence with Holmes Creek upstream 17 km (10 mi) to the confluence of Creek from its confluence with the Little 6.5 km (4 mi) to County Road 166, Panther Creek, Geneva County, AL; Choctawhatchee River, upstream 5.5 km Washington County, FL; Bruce Creek Eightmile Creek from its confluence (3.5 mi) to County Road 40 (Fortner from its confluence with the with Flat Creek, Geneva County, AL Street), Houston County, AL; West Fork Choctawhatchee River upstream 25 km upstream 15 km (9 mi) to the confluence Choctawhatchee River from its (16 mi) to the confluence of an unnamed of Dry Branch (first tributary upstream confluence with the Choctawhatchee tributary, Walton County, FL; Sandy of County Road 181), Walton County, River, Dale County upstream 54 km (33 Creek from its confluence with the FL; Corner Creek from its confluence mi) to the fork of Pauls Creek and Choctawhatchee River, upstream 30 km with Eightmile Creek, upstream 5 km (3 Lindsey Creek, Barbour County, AL; (18 mi) to the confluence of West Sandy mi) to State Route 54, Geneva County, Judy Creek from its confluence with Creek, Holmes and Walton Counties, FL; AL; Natural Bridge Creek from its West Fork Choctawhatchee River Blue Creek from its confluence with confluence with Eightmile Creek, upstream 17 km (11 mi) to County Road Sandy Creek, upstream 7 km (4.5 mi) to Geneva County, AL, upstream 4 km (2.5 13, Dale County, AL; Sikes Creek from the confluence of Goose Branch, Holmes mi) to the Covington-Geneva County its confluence with West Fork County, FL; West Sandy Creek from its line, AL; Double Bridges Creek from the Choctawhatchee River Dale County confluence with Sandy Creek, upstream Choctawhatchee River, Geneva County upstream 8.5 km (5.5 mi) to State Route 5.5 km (3.5 mi) to the confluence of an upstream 46 km (29 mi) to the 10, Barbour County, AL; Pauls Creek unnamed tributary, Walton County, FL; confluence of Blanket Creek, Coffee from its confluence with West Fork Wrights Creek from its confluence with County, AL; Claybank Creek from the Choctawhatchee River upstream 7 km the Choctawhatchee River, Holmes Choctawhatchee River, Geneva County (4.5 mi) to one mile upstream of County County, FL, upstream 43 km (27 mi) to upstream 22 km (14 mi) to the Fort Road 20, Barbour County, AL; Lindsey County Road 4, Geneva County, AL; Rucker military reservation southern Creek from its confluence with West Tenmile Creek from its confluence with boundary, Dale County, AL; Claybank Fork Choctawhatchee River upstream 14 Wrights Creek upstream 6 km (3.5 mi) Creek from the Fort Rucker military km (8.5 mi) to the confluence of an to the confluence of Rice Machine reservation northern boundary, unnamed tributary, Barbour County, AL; Branch, Holmes County, FL; West upstream 6 km (4 mi) to County Road an unnamed tributary to Lindsey Creek Pittman Creek from its confluence with 36, Dale County, AL; Steep Head Creek from its confluence with Lindsey Creek the Choctawhatchee River, upstream 6.5 from the Fort Rucker military upstream 2.5 km (1.5 mi) to 1.0 mile km (4 mi) to Fowler Branch, Holmes reservation western boundary, upstream upstream of County Road 53, Barbour County, FL; East Pittman Creek from its 4 km (2.5 mi) to County Road 156, County, AL; and East Fork confluence with the Choctawhatchee Coffee County, AL; Hurricane Creek Choctawhatchee River from its River upstream 4.5 km (3 mi) to County from its confluence with the confluence with Choctawhatchee River, Road 179, Holmes County, FL; Parrot Choctawhatchee River upstream 14 km Dale County upstream 71 km (44 mi) to Creek from its confluence with the (8.5 mi) to State Route 52, Geneva County Road 71, Barbour County, AL. Choctawhatchee River upstream 6 km (4 County, AL; Little Choctawhatchee (ii) Note: Map of Unit GCM6, mi) to Tommy Lane, Holmes County, River from its confluence with the Choctawhatchee River and Lower Pea FL; the Pea River from its confluence Choctawhatchee River, Dale and River Drainages, follows (to preserve with the Choctawhatchee River, Geneva Houston Counties upstream 20 km (13 detail, the map is divided into south, County upstream 91 km (57 mi) to the mi) to the confluence of Newton Creek, central, and north sections): Elba Dam, Coffee County, AL; Houston County, AL; Panther Creek BILLING CODE 4310–55–P
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(16) Unit GCM7: Upper Pea River State Route 239, Bullock and Barbour confluence of Smart Branch, Pike Drainage in Coffee, Dale, Pike, Barbour, Counties, AL; Whitewater Creek from its County, AL; Big Creek (Barbour County and Bullock Counties, AL. The Pea confluence with the Pea River, Coffee Big Creek) from its confluence with the River drainage is within the County upstream 45 km (28 mi) to the Pea River upstream 10 km (6 mi) to the Choctawhatchee River Basin. This unit confluence of Walnut Creek, Pike confluence of Sand Creek, Barbour is critical habitat for the southern County, AL; Walnut Creek from its County, AL; Pea Creek from its sandshell, southern kidneyshell, confluence with Whitewater Creek confluence with the Pea River upstream Choctaw bean, tapered pigtoe, and fuzzy upstream 14 km (9 mi) to County Road 6 km (4 mi) to the confluence of pigtoe. 26, Pike County, AL; Big Creek (Coffee Hurricane Creek, Barbour County, AL; (i) The unit includes the Pea River County Big Creek) from its confluence and Big Sandy Creek from its mainstem from the Elba dam, Coffee with Whitewater Creek, Coffee County confluence with the Pea River upstream County upstream 123 km (76 mi) to upstream 30 km (18 mi) to the
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6.5 km (4 mi) to County Road 14, (ii) Note: Map of Unit GCM7, Upper Bullock County, AL. Pea River Drainage, follows:
* * * * * Dated: September 7, 2011. Rowan W. Gould, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2011–24519 Filed 10–3–11; 8:45 am] BILLING CODE 4310–55–C
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