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DEPARTMENT of the INTERIOR Fish and Wildlife This document is scheduled to be published in the Federal Register on 10/10/2012 and available online at http://federalregister.gov/a/2012-24161, and on FDsys.gov DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R4-ES-2011-0050] [4500030113] RIN 1018–AW92 Endangered and Threatened Wildlife and Plants; Determination of Endangered Species Status for the Alabama Pearlshell, Round Ebonyshell, Southern Kidneyshell, and Choctaw Bean, and Threatened Species Status for the Tapered Pigtoe, Narrow Pigtoe, Southern Sandshell, and Fuzzy Pigtoe, and Designation of Critical Habitat AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: We, the U.S. Fish and Wildlife Service, determine endangered species status for the Alabama pearlshell (Margaritifera marrianae), round ebonyshell 1 (Fusconaia rotulata), southern kidneyshell (Ptychobranchus jonesi), and Choctaw bean (Villosa choctawensis), and threatened species status for the tapered pigtoe (Fusconaia burkei), narrow pigtoe (Fusconaia escambia), southern sandshell (Hamiota australis), and fuzzy pigtoe (Pleurobema strodeanum), under the Endangered Species Act of 1973, as amended (Act); and designate critical habitat for the eight mussel species. The effect of this regulation is to conserve these eight mussel species and their habitat under the Act. DATES: This rule becomes effective on [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. ADDRESSES: This final rule, final economic analysis, and the coordinates from which the maps were generated are included in the administrative record for this critical habitat designation and are available on the Internet at http://www.fws.gov/PanamaCity and http:// www.regulations.gov at Docket No. FWS-R4-ES-2011-0050, and at the Panama City FieldOffice. Any additional tools or supporting information that we may develop for this critical habitat designation will also be available at the Fish and Wildlife Service website and Field Office set out above, and may also be included in the preamble and/or at http://www.regulations.gov. Comments and materials received, as well as supporting documentation used in preparing this final rule, are available for public inspection, by appointment, during normal business hours, at U.S. Fish and Wildlife Service, Panama City Field Office, 1601 Balboa Avenue, Panama City, FL 32405; telephone 850–769– 0552; facsimile 850–763–2177. 2 FOR FURTHER INFORMATION CONTACT: Don Imm, Field Supervisor, U.S. Fish and Wildlife Service, Panama City Field Office, 1601 Balboa Avenue, Panama City, FL 32405; telephone 850–769–0552; facsimile 850–763–2177. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: This document consists of: (1) A final rule to list the Alabama pearlshell (Margaritifera marrianae), round ebonyshell (Fusconaia rotulata), southern kidneyshell (Ptychobranchus jonesi), and Choctaw bean (Villosa choctawensis) as endangered species, and the tapered pigtoe (Fusconaia burkei), narrow pigtoe (Fusconaia escambia), southern sandshell (Hamiota australis), and fuzzy pigtoe (Pleurobema strodeanum) as threatened species; and (2) a final rule to designate critical habitat for the eight species. Executive Summary Why we need to publish a rule. Under the Endangered Species Act (Act), a species or subspecies may warrant protection through listing if it is an endangered or threatened species throughout all or a significant portion of its range. We are listing these eight mussels because they have disappeared from portions of their historic ranges or are very rare, and facing numerous ongoing threats. The Alabama pearlshell and southern kidneyshell no longer occur in 50 percent or more of the stream systems in which they 3 were historically found. The round ebonyshell is extremely rare, and its distribution is restricted to the main channel of the Escambia-Conecuh River. Choctaw bean populations in the Escambia River drainage are fragmented, and the species’ numbers are low throughout its range. The narrow pigtoe, fuzzy pigtoe, southern sandshell, and tapered pigtoe still occur in much of their known range but have disappeared from many of the tributary and main channel locations from which they were historically known. All are facing a variety of threats. However, habitat degradation and loss as a result of excessive sedimentation, bed destabilization, poor water quality, and environmental contaminants are considered the most significant threats to these eight mussels. We are also designating critical habitat under the Act. Critical habitat is designated on the basis of the best scientific information available after taking into consideration the economic impact, impact on national security, and any other relevant impact of specifying any particular area as critical habitat. In total, approximately 2,404 kilometers (km) (1,494 miles (mi.)) of stream and river channels in nine units in Bay, Escambia, Holmes, Jackson, Okaloosa, Santa Rosa, Walton, and Washington Counties, Florida; and Barbour, Bullock, Butler, Coffee, Conecuh, Covington, Crenshaw, Dale, Escambia, Geneva, Henry, Houston, Monroe, and Pike Counties, Alabama, are being designated. The basis for our action. Under the Act, a species may be listed as an endangered or threatened species based on any of five factors: (A) the present destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) 4 disease or predation; (D) inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its existence. These eight mussel species are facing threats due to three of these five factors (A, D and E). The Act also requires that the Service designate critical habitat at the time of listing to the maximum extent prudent and determinable. We have determined that the designation is prudent and critical habitat is determinable for each of the eight species (see Critical Habitat section below). We prepared an economic analysis. To ensure that we consider the economic impacts, we prepared an economic analysis of the designation of critical habitat. We published an announcement and solicited public comments on the draft economic analysis. The analysis found that the estimated incremental economic cost of this critical habitat designation to be $1.70 million over a 20-year time frame. The majority of the economic impacts are associated with the transportation sector, particularly consultation costs associated with the replacement and maintenance of bridges and roads. We requested peer review of the methods used in our proposed listing and critical habitat designation. We specifically requested that four knowledgeable individuals with scientific expertise on freshwater mussel conservation and biology, and who are familiar with the eight species and the three river basins in which they occur, review the scientific information and methods in the proposed rule. The peer reviewers generally concurred with our methods and conclusions and provided additional information, clarifications, and suggestions to improve the final rule. 5 We sought public comment on the designation. During the first comment period, we received five comment letters directly addressing the proposed listing and critical habitat designation. During the second comment period, we received four comment letters addressing the proposed listing and critical habitat designation, and the draft economic analysis. Background It is our intent to discuss in this final rule only those topics directly relevant to the listing and designation of critical habitat for the Alabama pearlshell, round ebonyshell, southern kidneyshell, Choctaw bean, tapered pigtoe, narrow pigtoe, southern sandshell, and fuzzy pigtoe under the Act (16 U.S.C. 1531 et seq.). For more information on the biology, ecology, and critical habitat of these eight mussel species refer to the proposed rule published in the Federal Register on October 4, 2011 (76 FR 61482). Information on the associated draft economic analysis for the proposed rule was published in the Federal Register on March 27, 2012 (77 FR 18173). Previous Federal Actions 6 On October 4, 2011, we published the proposed rule to list and designate critical habitat for these eight mussels (76 FR 61482). Federal actions for these species prior to October 4, 2011, are outlined in the proposed rule. Publication of the proposed rule opened a 60-day comment period, which closed on December 5, 2011. On March 27, 2012 (77 FR 18173), we reopened the comment period for 30 days, from March 27 through April 26, 2012, in order to announce the availability of and receive comments on a draft economic analysis, and to extend the comment period on the proposed listing and critical habitat designation. Introduction North American freshwater mussel fauna is the richest in the world and historically numbered around 300 species (Williams et al. 1993, p. 6). Freshwater mussels are in decline, however, and in the past century have become more imperiled than any other group of organisms (Williams et al. 2008, p. 55; Natureserve 2011). Approximately 66 percent of North America’s freshwater mussel species are considered vulnerable to extinction or possibly extinct (Williams et al. 1993, p. 6). Within North America, the southeastern United States is the hot spot for mussel diversity. Seventy-five percent of southeastern mussel species are in
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