Wednesday, March 26, 2003

Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Three Threatened Mussels and Eight Endangered Mussels in the Mobile River Basin; Proposed Rule

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DEPARTMENT OF THE INTERIOR on the economic and other impacts of clubshell (Pleurobema decisum), dark the designation. We will conduct an pigtoe (Pleurobema furvum), southern Fish and Wildlife Service analysis of the economic impacts of pigtoe (Pleurobema georgianum), ovate designating these areas as critical clubshell (Pleurobema perovatum), 50 CFR Part 17 habitat prior to a final determination. (Ptychobranchus RIN 1018–AI73 That economic analysis will be greeni), upland combshell (Epioblasma conducted in a manner that is consistent metastriata), and southern acornshell Endangered and Threatened Wildlife with the ruling of the 10th Circuit Court (Epioblasma othcaloogensis). Unionid and Plants; Proposed Designation of of Appeals in N.M. Cattle Growers Ass’n mussels, in general, live embedded in Critical Habitat for Three Threatened v. USFWS. When the draft economic the bottom (sand, gravel, and/or cobble Mussels and Eight Endangered analysis is completed, we will announce substrates) of rivers, streams, and other Mussels in the Mobile River Basin its availability with a notice in the bodies of water. These mussels siphon Federal Register. With publication of water into their shells and across four AGENCY: Fish and Wildlife Service, the notice of availability, a comment gills that are specialized for respiration Interior. period will be opened for a minimum of ACTION: Proposed rule. 30 days to allow for public comments and food collection. Sexes in unionid mussels are usually separate. Males SUMMARY: We, the U.S. Fish and on the draft economic analysis and proposed rule concurrently. release sperm into the water; the sperm Wildlife Service (Service), propose are then taken in by the females through DATES: We will consider comments designation of critical habitat for three their siphons during feeding and threatened (fine-lined pocketbook, received by June 24, 2003. We must receive requests for public hearings, in respiration. Eggs are held in the gills of orange-nacre mucket, and Alabama the female where they come into contact moccasinshell) and eight endangered writing, at the address shown in the with the sperm. Once eggs are fertilized, freshwater mussels (Coosa ADDRESSES section by May 12, 2003. females retain them in their gills until moccasinshell, ovate clubshell, southern ADDRESSES: If you wish to submit clubshell, dark pigtoe, southern pigtoe, comments and information, you may the larvae (glochidia) fully develop. The triangular kidneyshell, southern submit your comments and information change (metamorphosis) of the larvae of acornshell, and upland combshell), by any one of several methods: most unionid species into juvenile listed in 1993 under the Endangered 1. You may submit written comments mussels requires that the larvae undergo Species Act of 1973, as amended (Act). and information to the Field Supervisor, a stage of parasitism on the fins, gills, We propose to designate 26 river and U.S. Fish and Wildlife Service, 6578 or skin of a fish. Mature mussel stream segments (units) in the Mobile Dogwood View Parkway, Suite A, glochidia are released into the water and River Basin as critical habitat for these Jackson, MS 39213. they must find and attach to a suitable 11 mussel species. These units 2. You may hand-deliver written host fish species in order to develop encompass a total of approximately comments and information to our into a juvenile mussel. Glochidia may 1,760 kilometers (km) (1,093 miles (mi)) Fish and Wildlife Office, at be released separately or in masses of river and stream channels. Proposed the above address, or fax your termed conglutinates. The duration of critical habitat includes portions of the comments to 601/965–4340. the parasitic stage varies with water drainage in 3. You may send comments by temperature, mussel species, and, Mississippi and Alabama; portions of electronic mail (e-mail) to _ perhaps, host fish species. Developed the Black Warrior River drainage in paul [email protected]. For directions juvenile mussels normally detach from on how to submit electronic filing of Alabama; portions of the Alabama River their fish host and sink to the stream comments, see the ‘‘Public Comments drainage in Alabama; portions of the bottom, where they continue to develop, Solicited’’ section. Cahaba River drainage in Alabama; provided they land in a suitable portions of the Tallapoosa River Comments and materials received, as well as supporting documentation used substrate with correct water conditions. drainage in Alabama and Georgia; and Because of the dependence on this life portions of the Coosa River drainage in in the preparation of this proposed rule, will be available for public inspection, stage and transport/dispersal process, Alabama, Georgia, and . unionid mussels usually only parasitize Critical habitat identifies specific by appointment, during normal business areas that are essential to the hours at the above address. one or a few suitable host fish species conservation of a listed species, and that FOR FURTHER INFORMATION CONTACT: Paul that occupy similar habitats as the may require special management Hartfield at the above address mussels. Consequently, the presence of considerations or protection. If this (telephone 601/321–1125, facsimile suitable host fish species is considered proposal is made final, section 7(a)(2) of 601/965–4340). an essential element in the life cycle of the Act requires that Federal agencies SUPPLEMENTARY INFORMATION: unionid mussels. ensure that actions they fund, authorize, These 11 mussel species are Background or carry out are not likely to jeopardize historically native to portions of the the continued existence of an This proposed rule addresses 11 Mobile River Basin (Basin). The Basin is endangered or threatened species or bivalve mollusks or mussels (possessing composed of seven major river systems result in the destruction or adverse a soft body enclosed by 2 shells) in the (Mobile, Tombigbee, Black Warrior, modification of critical habitat. State or family Unionidae that are native to the Alabama, Cahaba, Coosa, and private actions, with no Federal Mobile River basin. The mussels Tallapoosa) and drains portions of the involvement, are not affected. addressed in this rule are the threatened states of Alabama, Mississippi, Georgia, Section 4 of the Act requires us to fine-lined pocketbook (Lampsilis altilis), and Tennessee. Biological factors consider the economic and other orange-nacre mucket (Lampsilis relevant to these freshwater mussels’ relevant impacts of specifying any area perovalis), and Alabama moccasinshell as critical habitat. We hereby solicit data (Medionidus acutissimus), and the habitat requisites are discussed in the and comments from the public on all endangered Coosa moccasinshell Primary Constituent Elements portion of aspects of this proposal, including data (Medionidus parvulus), southern this proposed rule.

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Taxonomy, Life History, and Chewacla Creek (Macon/Lee County, County, Alabama), Locust and Distribution Alabama), Opintlocco Creek (Macon Blackburn Forks of the Black Warrior County, Alabama), Cane and Little Cane River (Blount County, Alabama), Sipsey Fine-Lined Pocketbook (Lampsilis altilis Creeks (Cleburne County, Alabama), Fork of the Black Warrior (Winston/ (Conrad 1834)) Muscadine Creek (Cleburne County, Lawrence County, Alabama) and The fine-lined pocketbook is a Alabama), Big Creek (Haralson County, tributaries Thompson, Flannagin, and medium-sized mussel, suboval in shape, GA), and McClendon Creek (Paulding Borden Creeks (Lawrence County, and rarely exceeds 100 millimeters County, Georgia). Populations are small Alabama), and Caney, North Fork (mm) (4 inches (in)) in length. The and localized within these streams Caney, Brushy, Capsey, Rush, Brown, ventral margin (bottom) of the shell is (Dodd et al., 1986; Evans, 2001; and Beech Creeks (Winston/Lawrence often angled posteriorly in females, Feminella and Gangloff, 2000; Haag et County, Alabama); Cahaba River (Bibb/ resulting in a pointed posterior margin. al., 1999; Herod et al., 2001; E. Irwin, Jefferson/Shelby County, Alabama) and The periostracum (skin of the shell) is U.S. Geological Survey, in litt. 2000; Little Cahaba River (Bibb/Shelby yellow-brown to blackish and has fine Irwin et al., 1998; Johnson and Evans, County, Alabama); and Alabama River rays on the posterior half. The nacre 2000; L. McDougal, U.S. Forest Service, tributaries Limestone Creek (Monroe (shell interior) is white, becoming in litt. 1994; McGregor, M. 1993; County, Alabama) and Bogue Chitto iridescent posteriorly. McGregor et al. 2000; Pierson, 1991a, Creek (Dallas County, Alabama). The Gravid females (females with larvae) 1992b, 1993; Shepard et al., 1994; orange-nacre mucket is locally common have been observed March through Williams and Hughes 1998). in the Sipsey Fork and several of its June. Fine-lined pocketbooks have also tributaries. All other populations are Orange-nacre Mucket (Lampsilis been observed releasing glochidia in a small and localized (Alabama perovalis (Conrad 1834)) single large conglutinate (Haag et al., Malacological Research Center, in litt., 1999), termed a superconglutinate (Haag The orange-nacre mucket is a 1996; Dodd et al. 1986; Haag and et al., 1995). Redeye bass (Micropterus medium-sized mussel, 50 to 90 mm (2.0 Warren 2001; Hartfield and Bowker coosa), spotted bass (M. puctulatus), to 3.6 in) in length. The shell is oval in 1992; Hartfield and Jones 1989, 1990; largemouth bass (M. salmoides), and shape, moderately thick, and inflated. Jones 1991; Jones and Majure 1999; green sunfish (Lepomis cyanellus) have The posterior margin of the shell of McGregor 1992; McGregor et al. 1996; been identified as suitable hosts (Haag mature females is obliquely truncate McGregor 2000; McGregor et al. 2000; et al., 1999). (shortened). The nacre is usually McGregor and Pierson 1999; McGregor The fine-lined pocketbook was colored orange, rose, pink, or and Haag in prep.; Miller 2000; MS historically reported from the occasionally white. The periostracum Museum of Natural Science collection Tombigbee, Black Warrior, Cahaba, varies from yellow to dark reddish records 1989–1999; Pierson 1991a, b, Alabama, Tallapoosa, and Coosa Rivers brown, and with or without green rays. 1992a; Shepard et al. 1998; Vittor and and many of their tributaries in The orange-nacre mucket expels Associates 1993; Warren and Haag 1994; Alabama, Georgia, Mississippi, and mature glochidia in a single Yokley 2001). Tennessee. The species has apparently superconglutinate (Haag et al. 1995). disappeared from the Tombigbee and Discharge of superconglutinates has Alabama Moccasinshell (Medionidus Alabama River drainages, and possibly been observed between March and June, acutissimus (Lea 1831)) from the Black Warrior River drainage. with releases appearing concentrated in The Alabama moccasinshell is a Since publication of the final rule listing early April (Hartfield and Butler 1997). small, delicate species, approximately the fine-lined pocketbook, this mussel Redeye bass, spotted bass, and 30 mm (1.2 in) in length. The shell is continues to survive in the upper largemouth bass have been identified as narrowly elliptical, and thin, with a Cahaba River and the Little Cahaba suitable host fish for the orange-nacre well-developed acute posterior ridge River (Jefferson/Shelby/Bibb Counties, mucket (Haag and Warren 1997). that terminates in an acute point on the Alabama); Coosa River (Cherokee The orange-nacre mucket was posterior ventral margin. The posterior County, Alabama) and its tributaries, historically known from the Alabama, slope is finely corrugated. The including Duck Creek (Walker County, Tombigbee, Black Warrior, and Cahaba periostracum is yellow to brownish Georgia), Euharlee Creek (Bartow Rivers and their tributaries in Alabama yellow, with broken green rays across County, Georgia), Conasauga River and Mississippi. The species has the entire surface of the shell. The thin (Murray/Whitfield County, Georgia; disappeared from the mainstem nacre is translucent along the margins Polk County, Tennessee), and Holly Tombigbee, Black Warrior, and Alabama and salmon-colored in the umbos (beak Creek (Murray County, Georgia), Rivers, but continues to survive in cavity). Terrapin Creek, and South Fork Tombigbee tributaries, including the Alabama moccasinshell females are Terrapin Creek (Cleburne County, Buttahatchee River (Lowndes/Monroe gravid from October to June. This Alabama); Yellowleaf Creek and its County, Mississippi; Lamar County, species lives completely embedded in tributary Muddy Prong (Shelby County, Alabama), and East Fork Tombigbee stream bottoms for most of the year. Alabama); Kelly Creek and its tributary River (Itawamba/Monroe County, Gravid females migrate to the surface of Shoal Creek (Shelby/St. Clair County, Mississippi), Luxapalila Creek and the stream bottom between March and Alabama), Choccolocco Creek (Calhoun tributaries Yellow Creek (Monroe June, anchor themselves to gravel by a County, Alabama) and its tributaries County, Mississippi; Lamar County, bysal thread (protein thread), and lie Cheaha Creek (Talladega/Clay County, Alabama) and Cut Bank Creek (Lamar exposed, displaying a black mantle lure Alabama), Shoal Creek (Cleburne County, Alabama), Sipsey River apparently to attract potential host fish County, Alabama), Hatchet Creek (Greene/Pickens/Tuscaloosa County, (P. Hartfield pers. obs. 1994; Haag and (Coosa/Clay County, Alabama), and Alabama), Coalfire, Lubbub, and Warren 2001). Blackspotted Tallasahatchee Creek (Talladega County, Trussels Creeks (Pickens County, topminnows (Fundulus olivaceus), Alabama); and the Tallapoosa River and Alabama); Black Warrior River Tuskaloosa darter ( tributaries, including Uphapee Creek tributaries, including North River douglasi), redfin darter (E. whipplei), (Macon County, Alabama), Choctafaula (Tuscaloosa/Fayette County, Alabama) blackbanded darter (Percina Creek (Macon/Lee County, Alabama), and its tributary Clear Creek (Fayette nigrofaciata), naked sand darter

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(Ammocrypta beani), southern sand Because this species is apparently tributary Yellow Creek (Lowndes darter (A. meridiana), johnny darter (E. closely related to the Alabama County, Mississippi), Sipsey River nigrum), speckled darter (E. stigmaeum), moccasinshell, gravid females of this (Greene/Pickens/Tuscaloosa County, saddleback darter (Percina vigil), and species likely migrate to the surface of Alabama), Sucarnoochee River (Sumter logperch (P. caprodes) have been the stream bottom during spring County, Alabama), and Coalfire Creek identified as suitable host fish (Haag glochidial release periods, as do gravid (Pickens County, Alabama); and and Warren 1997, 2001). Alabama moccasinshell females. Coosa Chewacla Creek (Macon County, The Alabama moccasinshell was moccasinshell glochidia are known to Alabama) in the Tallapoosa River historically known from the Alabama, use blackbanded darters as hosts; drainage; and a short reach of the Coosa Tombigbee, Black Warrior, Cahaba, and however, other species of darters are River below the mouth of Terrapin Coosa Rivers and their tributaries in also likely to be used (P. Johnson, Creek (Cherokee County, Alabama) Alabama, Mississippi, Georgia, and Tennessee Aquarium Research Institute, (Dodd et al. 1986, Feminella and Tennessee. The species has disappeared pers. comm. 2002). Gangloff 2000, Hartfield and Bowker from the mainstems of all of these The Coosa moccasinshell has been 1992, Hartfield and Jones 1990, Jones rivers, but continues to survive in historically reported from the Cahaba 1991, McGregor 1992, McGregor 1993, Tombigbee River tributaries, including River, the Sipsey Fork of the Black McGregor et al. 1996, McGregor 2000, Bull Mountain Creek (Itawamba County, Warrior River, and the Coosa River, and McGregor and Haag in prep., Miller Mississippi), Luxapalila Creek their tributaries, in Alabama, Georgia, 2000, Pierson, 1991a, b; Yokley 2001). (Lowndes County, Mississippi) and and Tennessee. Since the species was Populations are small and localized. tributary Yellow Creek (Lowndes listed, its presence has been confirmed County, Mississippi; Lamar County, only in the Conasauga River (Murray/ Southern Clubshell (Pleurobema Alabama), Buttahatchee River Whitfield County, Georgia; Bradley decisum (Lea 1831)) (Lowndes/Monroe County, Mississippi, County, Tennessee), and its tributary, The southern clubshell is a medium Lamar County, Alabama), and tributary Holly Creek (Murray County, Georgia) sized mussel about 70 mm (2.8 in) long, Sipsey Creek (Monroe County, (Johnson and Evans, 2000, Williams and with a thick shell, and heavy hinge plate Mississippi), Lubbub Creek (Pickens Hughes 1998). It has apparently been and teeth. The shell outline is roughly County, Alabama), and Sipsey River eliminated from the Cahaba and Black rectangular, produced posteriorly with (Greene/Pickens County, Alabama); Warrior River drainages, as well as from the umbos terminal with the anterior Black Warrior River tributaries, the Coosa River and many of its margin, or nearly so. The posterior ridge including the Sipsey Fork and tributaries. is moderately inflated and ends abruptly tributaries (Winston/Lawrence County, with little development of the posterior Ovate Clubshell (Pleurobema perovatum Alabama); and Holly Creek (Murray slope at the dorsum of the shell. The (Conrad 1834)) County, Georgia) in the Coosa River periostracum is yellow to yellow-brown drainage (Dodd et al.1986; Evans 2001; The ovate clubshell is a small to with occasional green rays or spots on Hartfield and Bowker 1992; Hartfield medium-sized mussel that rarely the umbo in young specimens. and Jones 1989, 1990; Johnson and exceeds 50 mm (2.0 in) in length. The Gravid southern clubshell females Evans 2000; Jones 1991; Jones and shell is oval to elliptical in shape, and with mature glochidia have been Majure 1999; McGregor 1992; McGregor has nearly terminal, inflated umbos. The collected in June and July. Glochidia are et al. 1996; McGregor 2000; McGregor et posterior ridge is well-developed, released in well formed conglutinates al. 2000; MS Museum of Natural broadly rounded, and often concave. orange or white in coloration (Haag and Science collection record 1984–2001; The posterior slope is produced well Warren 2001). Blacktail shiner Pierson 1991a, b; Warren and Haag beyond the posterior ridge. (Cyprinella venusta), Alabama shiner (C. 1994; Yokley 2001). Except for the Periostracum color varies from yellow to callistia), and tricolor shiner (C. Sipsey Fork, populations are small and dark brown, and occasionally has broad trichroistia) have been identified as fish localized. Highest densities observed green rays that may cover most of the host (Haag and Warren 2001, P. Johnson during field surveys have been from the umbo and posterior ridge. The nacre is pers. comm. 2002). Sipsey Fork and its headwater white. Gravid females of this species With the exception of the Tensas/ tributaries in Bankhead National Forest, have been observed in June and July. Mobile River, the southern clubshell where quantitative samples from Glochidia are released in well formed, was formerly known from every major selected sites estimated Alabama white conglutinates (W.R. Haag river system in the Mobile River Basin, moccasinshells densities from 0 to 2.8/ unpublished data). Host fishes for this including the Alabama, Tombigbee, 10 m2 (Warren and Haag 1994). species are unknown. Black Warrior, Cahaba, Tallapoosa, and The ovate clubshell was historically Coosa Rivers and many of their Coosa Moccasinshell (Medionidus distributed in the Tombigbee, Black tributaries in Mississippi, Alabama, parvulus (Lea 1860)) Warrior, Alabama, Cahaba, and Coosa Georgia, and Tennessee. This species The Coosa moccasinshell is a small Rivers and their tributaries in has disappeared from the Cahaba River species occasionally exceeding 40 mm Mississippi, Alabama, Georgia, and drainage, the main channels of the (1.6 in) in length. The shell is thin and Tennessee; and in Chewacla, Uphapee Tombigbee and Black Warrior Rivers, fragile, elongate and elliptical to and Opintlocco Creeks in the Tallapoosa and from a number of tributaries in all rhomboidal in outline. The posterior River drainage, Alabama. It has of the drainages. Southern clubshell ridge is inflated and smoothly rounded, disappeared from the Black Warrior, continues to inhabit the East Fork terminating in a broadly rounded point; Cahaba, and Alabama River drainages, Tombigbee River (Itawamba/Monroe the posterior slope is finely corrugated. as well as the mainstem Tombigbee County, Mississippi), Bull Mountain The periostracum is yellow-brown to River and Uphapee and Opintlocco Creek (Itawamba County, Mississippi), dark brown and has fine green rays. The Creeks. Currently, the species is known Buttahatchee River (Monroe/Lowndes nacre is blue, occasionally with salmon- to survive in several Tombigbee River County, Mississippi), Luxapalila and colored spots. tributaries, including Buttahatchee Yellow Creeks (Lowndes County, Coosa moccasinshells are usually River (Lowndes/Monroe County, Mississippi), Lubbub Creek (Pickens completely buried in the stream bottom. Mississippi), Luxapalila Creek and its County, Alabama), and Sipsey River

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(Greene/Pickens/Tuscaloosa County, Capsey Creeks (Winston/Lawrence heavy, and the laterals are heavy, gently Alabama) in the Tombigbee drainage; a County, Alabama); and from the North curved and short. The periostracum is short reach of the Alabama River and River and its tributary Clear Creek straw-yellow in young specimens, but Bogue Chitto Creek (Dallas County, (Fayette County, Alabama) (Alabama becomes yellow-brown in older ones. It Alabama); Chewacla Creek (Macon Malacological Research Center, in litt., may have fine and wavy, or wide and County, Alabama) in the Tallapoosa 1996; Dodd et al. 1986; McGregor 1992; broken, green rays anterior to the drainage; Coosa River (Dead River) Pierson 1992a; Shepard et al. 1998; posterior ridge. below Weiss Dam (Cherokee County, Vittor and Associates 1993; Warren and Gravid triangular kidneyshell females Alabama) and tributaries Kelly Creek Haag 1994). Badly weathered shells were observed in March 1994 and April (Shelby County, Alabama), Big Canoe have also been found in the Locust Fork 1996. Glochidia are packaged into Creek (St. Clair County, Alabama), of the Black Warrior River near the conglutinates that mimic small aquatic Terrapin Creek (Cherokee County, Jefferson-Blount County line. fly larvae (Hartfield and Hartfield 1996) Alabama), and Conasauga River Populations are small and localized. or fish eggs (Haag and Warren 1997). (Murray/Whitfield County, Georgia) Highest densities measured during field Suitable fish hosts have been identified (Alabama Department of Conservation surveys have been from the Sipsey Fork as Warrior darter (Etheostoma bellator), and Natural Resources/U.S. Fish and and its headwater tributaries in Tuskaloosa darter, blackbanded darter Wildlife Service collection records, Bankhead National Forest, where and logperch (Haag and Warren 1997). 1998, 1999; Evans 2001; Feminella and quantitative samples from selected sites The historic range of the triangular Gangloff 2000; Hartfield and Bowker estimated dark pigtoe densities from 0 kidneyshell included the Black Warrior, 1992; Hartfield and Jones 1989, 1990; to 4.8/10 m2 (Warren and Haag 1994). Cahaba, Alabama, and Coosa Rivers and Herod et al. 2001; Jones 1991; Jones and tributaries in Alabama, Georgia, and Southern Pigtoe (Pleurobema Majure 1999; McGregor 1993, 1999; Tennessee. The species has disappeared georgianum (Lea 1841)) McGregor et al. 1996; Miller 2000; from the Alabama River, and from the Miller and Hartfield, 1988; Pierson, The southern pigtoe is a small to primary channels of the Black Warrior 1991a, b; Yokley 2001). The southern medium-sized mussel occasionally and Coosa Rivers. Triangular clubshell is relatively common in exceeding 60 mm (2.4 in) in length. The kidneyshell is currently known to localized reaches of the Buttahatchee shell is elliptical to oval in outline and inhabit the Sipsey Fork and tributaries and Sipsey Rivers. Average density at somewhat compressed. The posterior (Winston/Lawrence County, Alabama) four sites in the Coosa River below slope is smoothly rounded. The and Locust Fork (Blount County, Weiss Dam was 0.19/square meter pseudocardinal teeth (protrusions on Alabama) of the Black Warrior; Cahaba (Herod et al. 2001). It is rare to the dorsal interior surface of the shell) River (Bibb County, Alabama); and uncommon in other occupied streams. are small but well-developed, and the Coosa tributaries Shoal Creek (Cleburne nacre is white. The periostracum is County, Alabama), Kelly Creek (Shelby Dark Pigtoe (Pleurobema furvum yellow to yellow-brown. Growth lines County, Alabama), Big Canoe Creek (St. (Conrad 1834)) are numerous and may be dark brown. Clair County, Alabama), Conasauga The dark pigtoe is a small to medium- Small specimens may have green spots River (Murray/Whitfield County, sized mussel, occasionally reaching 60 at the growth lines along the posterior Georgia, Bradley County, Tennessee), mm (2.4 in) in length. The shell is oval ridge and near the umbo. Host fish are Holly Creek (Murray County, Georgia), in outline, and moderately inflated. Alabama shiner, blacktail shiner, and Coosawattee River (Gordon County, Beaks are located in the anterior portion tricolor shiner (P. Johnson pers. comm. Georgia), and Oostanaula River (Floyd/ of the shell. The posterior ridge is 2002). Gordon County, Georgia). Populations abruptly rounded and terminates in a The historic range of the southern are small and localized (Dodd et al. broadly rounded, subcentral, posterior pigtoe included the Coosa River and its 1986, Evans 2001, Feminella and point. The periostracum is dark, reddish tributaries in Alabama, Georgia, and Gangloff 2000, Haag and Warren 1997, brown with numerous and closely Tennessee. The species is currently Johnson and Evans 2000, McGregor spaced, dark growth lines. The hinge known to survive in the Conasauga 1992, McGregor et al. 2000, Shepard et plate is wide and the teeth are heavy River (Murray/Whitfield County, al. 1994, 1998; Warren and Haag 1994, and large, especially in older specimens. Georgia, Bradley County, Tennessee), Williams and Hughes 1998). The nacre approaches white in the Holly Creek (Murray County, Georgia), umbos, and is highly iridescent on the Shoal Creek (Cleburne County, Southern Acornshell (Epioblasma posterior margin. This species is gravid Alabama), Big Canoe Creek (St. Clair othcaloogensis (Lea 1857)) in June and releases glochidia in peach County, Alabama), and Cheaha Creek The southern acornshell is a small to pink-colored conglutinates (Haag and (Talladega County, Alabama) (Evans mussel that may grow up to 30 mm (1.2 Warren 1997). The largescale stoneroller 2001, Feminella and Gangloff 2000, in) in shell length. The shells are round (Campostoma oligolepis), Alabama Johnson and Evans, 2000; Pierson to oval in outline and sexually shiner, blacktail shiner, creek chub 1992b, 1993; Williams and Hughes dimorphic, with a swollen posterior (Semotilus atromaculatus), and 1998). Populations are small and ridge in females. The periostracum is blackspotted topminnow have been localized. smooth, shiny, and yellow in color. Life confirmed as suitable hosts (Haag and history and host fish are unknown. Warren 1997). Triangular Kidneyshell Historically, the southern acornshell The historic distribution of the dark (Ptychobranchus greeni (Conrad 1834)) occurred in the upper Coosa River pigtoe was probably restricted to the The triangular kidneyshell is oval to system and the Cahaba River above the Black Warrior River system above the elliptical in outline, and may approach fall line in Alabama, Georgia, and fall line (natural contour that marks a 100 mm (4.0 in) in length. The shell is Tennessee. The most recent records for drop in land level). Since listing, the generally compressed, and may be the southern acornshell were from presence of the dark pigtoe has been flattened ventral to the umbos. The tributaries of the Coosa River in the confirmed in the Black Warrior River posterior ridge is broadly rounded and early 1970s, and the Cahaba in the drainage from Sipsey Fork and its terminates in a broad round point post- 1930s (58 FR 14330). It was our tributaries Caney, Brown, Rush, and ventrally. The pseudocardinal teeth are determination at the time of listing, with

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consensus of the malacological (mollusk in 1988, and from the Cahaba River, these populations may include painted research) community, that this species Alabama, in the early 1970s (58 FR clubshell (Pleurobema was likely to persist in low numbers in 14330). When listed, the species was chattanoogaense), a form that we the upper Coosa River drainage, and believed to be restricted to the considered the same as southern possibly in the Cahaba River. Surveys of Conasauga River in Georgia, and clubshell (Pleurobema decisum) in the Coosa River tributaries have been possibly portions of the upper Black March 17, 1993, final rule listing for conducted by Service biologists, as well Warrior and Cahaba River drainages. these 11 mussels (58 FR 14330). There as Bogan and Pierson (1993a), Evans Surveys of Coosa River tributaries have is some morphological evidence that (2001), Feminella and Gangloff (2000), been conducted by Service biologists, as recognition of painted clubshell as a Johnson and Evans (2000), Pierson well as Bogan and Pierson (1993a), species may be warranted, however, (1993, pers. comm. 1994), Williams and Evans (2001), Feminella and Gangloff recent genetic studies were unable to Hughes (1998), and others. Surveys of (2000), Johnson and Evans (2000), discriminate between the 2 forms. the Cahaba River have been conducted Pierson (1993, pers. comm. 1994), Therefore, at this time, we consider by Service biologists, Bogan and Pierson Williams and Hughes (1998), and populations of clubshell in the Coosa (1993b), McGregor et al. (2000), Shepard others. Surveys of the Cahaba River River drainage to be southern clubshell. et al. (1994, 1998), and others. Despite have been conducted by Service The distributions presented above, are these repeated surveys of historic biologists, Bogan and Pierson (1993b), based upon shell morphology as habitat in the Coosa and Cahaba River McGregor et al. (2000), Shepard et al. described and currently recognized in drainages, no living or fresh (1994), and others. Surveys in the upper the scientific literature. Therefore, we shells of this species have been located Black Warrior drainage have been done will consider these species’ current in recent years (Evans 2001, Feminella by Service biologists, Alabama ranges as outlined above, until and Gangloff 2000, Johnson and Evans Malacological Research Center, (in litt. presented with new information. 2000, McGregor et al. 2000, Pierson 1996), Sheppard et al. (1998), Vittor and Summary of Decline and Threats to 1993, Shepard et al. 1994, 1998, Associates (1993), Warren and Haag Surviving Populations Williams and Hughes 1998). Not (1994), and others. However, these withstanding the results of these surveys of the Conasauga River and The disappearance of these 11 mussel surveys, this species’ historic range other historic habitat in the Coosa, species from significant portions of their includes thousands of miles of river and Cahaba, and Black Warrior River ranges is primarily due to changes in river and stream channels caused by stream habitat in the Mobile River drainages since the mussel was listed dams, dredging, or mining, and historic Basin, and there are many miles of have failed to locate any evidence of the or episodic pollution events (58 FR stream which have not been adequately upland combshell (Evans 2001, 14330). More than 1,700 km (1,100 mi) surveyed. Mussels are cryptic species, Feminella and Gangloff 2000, Johnson of large and small river habitat in the living buried in the stream bottom and Evans 2000, McGregor 1992, Basin have been impounded by dams under water, and rare mussels are McGregor et al. 2000, Pierson 1991a, for navigation, flood control, water difficult to locate. Shepard et al. 1994, 1998, Vittor and supply, and/or hydroelectric production Associates 1993, Warren and Haag 1994, Upland Combshell (Epioblasma purposes. None of the 11 species are Williams and Hughes 1998). Not metastriata (Conrad 1838)) known to survive in impounded waters. withstanding the results of these The upland combshell is a bivalve Riverine mussels are killed during mollusk that rarely exceeds 60 mm (2.4 surveys, this species’ historic range construction of dams, they may be in) in length. The shells are rhomboidal includes thousands of miles of river and suffocated by sediments that accumulate to quadrate in outline and are sexually stream habitat in the Mobile River behind the dams; and the reduced water dimorphic. Males are moderately Basin, and there are many miles of flow behind dams limits food and inflated with a broadly curved posterior stream which have not been adequately oxygen available to mussels. Many fish ridge. Females are considerably inflated, surveyed. Mussels are cryptic species, species that serve as hosts to mussel with a sharply elevated posterior ridge living buried in the stream bottom larvae are also eliminated by dams and that swells broadly post-ventrally under water, and rare mussels are impounded waters. forming a well-developed sulcus (the difficult to locate. Other forms of habitat modification— groove anterior to the posterior ridge). The summary of these 11 mussel such as channelization, channel clearing The posterior margin of the female is species, presented above, represents our and desnagging (woody debris removal), broadly rounded and comes to a point current understanding of their historic and gold and gravel mining—caused anterior to the posterior extreme. and current range and distribution. stream bed scour and erosion, increased Periostracum color varies from There has been some confusion in turbidity, reduction of groundwater yellowish-brown to tawny, and may or species identification in recent reports. levels, and sedimentation, often may not have broken green rays or small For example, some survey reports have resulting in severe local impacts to, and green spots. Hinge teeth are well- identified mussel populations from even extirpation of, mussel species. developed and heavy. This species Black Warrior River tributaries, Cahaba Sedimentation may also eliminate or likely releases glochidia during late River, and Bogue Chitto Creek as fine- reduce recruitment of juvenile mussels spring or early summer (Service 2000). lined pocketbook, while others have (Negus 1966), and suspended sediments The host fish for this species have not identified the same populations as can also interfere with feeding (Dennis been identified. orange-nacre mucket. Although there 1984). The historic range of the upland may be some overlap in these species’ Water pollution from coal mines, combshell included portions of the current ranges, we believe that this carpet mills, fabric dying mills, large Black Warrior, Cahaba, and Coosa confusion originated from collectors industrial plants, inadequately treated Rivers of the Mobile River Basin and unfamiliar with one or both species. sewage, and land surface runoff also some of their tributaries in Alabama, There is also some confusion contributed to the demise of the species Georgia, and Tennessee. The most surrounding recently rediscovered in certain portions of their historic recent records for the upland combshell populations of clubshell in the Coosa ranges. Freshwater mussels, especially were from the Conasauga River, Georgia, River drainage. Some biologists believe in their early life stages, are extremely

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sensitive to many pollutants (e.g., Previous Federal Actions distribution and the biological needs of chlorine, ammonia, heavy metals, high Federal actions began when the these species. Section 4(b)(6)(C) of the concentrations of nutrients) commonly orange-nacre mucket was included as a Act provides that a concurrent critical found in municipal and industrial category 2 species (May 22, 1984, 49 FR habitat determination is not required wastewater effluents (Havlik and 21675). We applied category 2 with a final regulation implementing Marking 1987, Goudreau et al. 1988, designations to those species for which endangered or threatened status and Keller and Zam 1991). Stream some evidence of vulnerability existed, that the final designation may be discharges from these sources may but for which we needed additional postponed for 1 additional year beyond result in decreased dissolved oxygen biological information to support a the period specified in section concentration, increased acidity and proposed rule to list as endangered or 4(b)(6)(A), if a prompt determination of conductivity, and other changes in threatened. In the January 6, 1989, endangered or threatened status is water chemistry, which may impact Notice of Review (54 FR 578–579), this essential to the conservation of the mussels or their host fish. species was again included as a category species, or if critical habitat is not then The historic activities discussed 2 species. In the same Notice of Review, determinable. We found that prompt determination of status was essential to above, especially dam construction, had the upland combshell, southern the conservation of these species and a second major impact on mussel acornshell, and fine-lined pocketbook stated that we would attempt to evaluate species by isolating surviving were additionally included as category critical habitat needs through research populations within limited portions of 2 species. A status review completed in and recovery actions. the Basin’s major drainages. The Mobile 1991 for these four species, and seven River Basin Aquatic Ecosystem other mussels endemic to the Basin, In late 1994, a Technical/Agency draft Recovery Plan (U.S. Fish and Wildlife recommended listing the upland Mobile River Basin Aquatic Ecosystem Service 2000) recognized habitat combshell, southern acornshell, Coosa Recovery Plan that included recovery fragmentation as one of the primary moccasinshell, southern clubshell, dark objectives for the 11 mussels, among threats to the Basin’s imperiled aquatic pigtoe, southern pigtoe, ovate clubshell, other listed species, was released for public review and comment. High levels species. Small isolated mussel and triangular kidneyshell as of interest in details of the plan were populations are more vulnerable to endangered species, and the fine-lined expressed by the State of Alabama, natural random events, such as droughts pocketbook, orange-nacre mucket, and certain environmental groups, and a or floods, as well as to changes in Alabama moccasinshell as threatened number of water- and timber-related human activities and land use practices species (Hartfield 1991). industries. As a result of a series of that impact aquatic habitats (Neves et al. We proposed the 11 mussel species discussions sponsored by the Alabama 1997). A number of the Basin’s for protection under the Act on Department of Economic and imperiled mussel populations that November 19, 1991 (56 FR 58339). In Community Affairs, a Mobile River became restricted to small tributaries or that proposed rule, we stated that Basin Coalition composed of various river segments eventually disappeared critical habitat was not prudent because of the threat of illegal commercial governmental, environmental, and because of individual or cumulative industry representatives was organized impacts of land uses such as harvest. Legal notices announcing the proposal and requesting public for the purpose of reviewing, revising, urbanization, industrialization, mining, and eventually implementing the and certain agricultural activities and comments were published in The Clarion-Ledger (Jackson, Mississippi) on recovery plan. A revised Technical/ practices that resulted in sedimentation, Agency draft was subsequently released eutrophication (an aquatic condition in December 6, 1991; the Mobile Press Register (Mobile, Alabama) on for public review in 1998, and the final which the increase in mineral and December 7, 1991; and The Atlanta Mobile River Basin Aquatic Ecosystem organic nutrients reduces dissolved Constitution (Atlanta, Georgia), the Recovery Plan was published in 2000 oxygen producing an environment that Commercial Dispatch (Columbus, (U.S. Fish and Wildlife Service 2000). favors plant life over life), or Mississippi), and the Montgomery On October 12, 2000, the Southern other negative effects to stream and river Advertiser (Montgomery, Alabama) on Appalachian Biodiversity Project filed a habitats (58 FR 14330, U.S. Fish and December 8, 1991. We published a final lawsuit in U.S. District Court for the Wildlife Service 2000). rule on March 17, 1993 (58 FR 14330), Eastern District of Tennessee against the Human populations and associated listing the fine-lined pocketbook, Service, the Director of the Service, and needs for housing, commerce, orange-nacre mucket, and Alabama the Secretary of the Department of the recreation, water, electricity, forest and moccasinshell as threatened species, Interior, challenging our not agricultural products, waste disposal, and the Coosa moccasinshell, ovate determinable findings regarding critical and mineral exploitation continue to clubshell, southern clubshell, dark habitat for 9 listed mussels. These 9 increase in the Basin (U.S. Fish and pigtoe, southern pigtoe, triangular mussels represent 9 of the 11 Mobile Wildlife Service 2000). Currently kidneyshell, upland combshell, and River Basin mussels that were listed in surviving populations of endangered southern acornshell as endangered 1993, and are listed as follows: upland and threatened mussels remain species. combshell, southern acornshell, Coosa vulnerable to habitat loss, population New mussel harvest regulations moccasinshell, southern clubshell, isolation, and the cumulative effects of adopted by the State of Alabama, and southern pigtoe, ovate clubshell, these land use activities on aquatic other information received in public triangular kidneyshell, fine-lined environments (U.S. Fish and Wildlife comments during the open comment pocketbook, and Alabama Service 2000). More detailed period, removed our concerns about moccasinshell. On November 8, 2001, information on threats to these species illegal commercial harvest, and in the the District Court issued an order can be found in the March 17, 1993, final rule, we determined that critical directing us to make a proposed critical final listing determination (58 FR habitat was prudent but not habitat designation for these 11 Mobile 14330) and in the Mobile River Basin determinable for the 11 mussel species. River Basin mussels no later than March Aquatic Ecosystem Recovery Plan (U.S. The not determinable finding was 17, 2003, and the final designation by Fish and Wildlife Service 2000). because of insufficient information on March 17, 2004.

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This proposal is the product of our physical and biological features of the the basis for recommendations to reexamination of our 1993 not environment for the conservation of designate critical habitat. When determinable finding for 11 mussels in listed species. If any areas containing determining which areas are critical the Mobile River drainage. The 2000 the primary constituent elements are habitat, information that should be lawsuit did not include the dark pigtoe currently being managed to address the considered includes the listing package or the orange-nacre mucket, but we are conservation needs of these mussel for the species, the recovery plan, considering them because they were a species, they may not require special articles in peer-reviewed journals, part of the original 1993 listing, they management or protection, and, conservation plans developed by States overlap in range with some of the other therefore, may not meet the definition of and counties, scientific status surveys, 9 species, and they occupy similar critical habitat in section 3(5)(A)(i) of studies, and biological assessments, habitats within that range. It reflects our the Act. unpublished materials, and expert interpretation of the recent judicial When we designate critical habitat, opinion or personal knowledge. opinions on critical habitat designation we may not have the information and the standards placed on us for necessary to identify all habitat areas Section 4 of the Act generally requires making a prudency determination. If which are essential for the conservation that we designate critical habitat at the additional information becomes of the species. Nevertheless, we are time of listing and based on what we available on these species’ biology, required to designate those areas we know at the time of designation. If we distribution, or threats to the species, consider to be essential, using the best make a not determinable finding we may reevaluate this proposal to information available to us. regarding critical habitat at the time of propose additional critical habitat, Within the geographic area of the listing, section 4(b)(6)(C) of the Act propose boundary refinements that species, we will designate only requires that the Service publish a final substantially changes existing proposed currently known essential areas. We regulation by not more than 1 additional critical habitat, or withdraw our will not speculate about what areas year, based on such data as may be proposal to designate critical habitat. If might be found to be essential if better available at that time, designating, to the boundary refinements of existing information became available, or what maximum extent prudent, such habitat. proposed critical habitat are required for areas may become essential over time. If There are several thousands of miles of a single unit or on a similar small scale the information available at the time of perennial streams in the Mobile River based on additional information, we designation does not show that an area Basin. Most of these flow through will allow additional time for public provides essential life cycle needs of the private property, and may not have been comment within the constraints of our species, then the area will not be adequately surveyed for mussels. court order. included in the critical habitat Mussels are cryptic species, living designation. Our regulations state that, Critical Habitat buried in the stream bottom under ‘‘The Secretary shall designate as water, and rare mussels are difficult to Critical habitat is defined in section critical habitat areas outside the locate. We recognize that additional 3(5)(A) of the Act as (i) the specific areas geographic area presently occupied by small, limited populations for some of within the geographic area occupied by the species only when a designation these species could exist in some of a species, at the time it is listed in limited to its present range would be these streams and may be discovered accordance with the Act, on which are inadequate to ensure the conservation of over time. Furthermore, we recognize found those physical or biological the species’’ (50 CFR 424.12(e)). that designation of critical habitat may features (I) essential to the conservation Accordingly, when the best available not include all of the habitat areas that of the species and (II) that may require scientific data do not demonstrate that may eventually be determined to be special management considerations or the conservation needs of the species necessary for the recovery of the protection; and (ii) specific areas require designation of critical habitat species. Therefore, critical habitat outside the geographic area occupied by outside of occupied areas, we will not designations do not signal that habitat a species at the time it is listed, upon designate critical habitat in areas a determination that such areas are outside the geographic area occupied by outside the designation is unimportant essential for the conservation of the the species. or may not be required for recovery. species. ‘‘Conservation’’ is defined in Section 4(b)(2) of the Act requires that Areas outside the critical habitat section 3(3) of the Act as the use of all we take into consideration the economic designation will continue to be subject methods and procedures that are impact, and any other relevant impact, to conservation actions that may be necessary to bring any endangered or of specifying any particular area as implemented under section 7(a)(1) of threatened species to the point at which critical habitat. We may exclude areas the Act and to the regulatory protections listing under the Act is no longer from critical habitat designation when afforded by the section 7(a)(2) jeopardy necessary. the benefits of exclusion outweigh the standard and the take prohibitions In order for habitat to be included in benefits of including the areas within pursuant to section 9 of the Act, as a critical habitat designation, the habitat critical habitat, provided the exclusion determined on the basis of the best features must be ‘‘essential to the will not result in extinction of the available information at the time of the conservation of the species.’’ Such species. action. It is possible that federally critical habitat designations identify, to Our Policy on Information Standards funded or assisted projects affecting the extent known using the best Under the Endangered Species Act, listed species outside their designated scientific data available, habitat areas published on July 1, 1994 (59 FR critical habitat areas could jeopardize that provide essential life cycle needs of 34271), provides guidance to ensure that those species. Similarly, critical habitat the species (i.e., areas on which are our decisions are based on the best designations made on the basis of the found the primary constituent elements, scientific and commercial data best available information at the time of as defined at 50 CFR 424.12(b)). available. It requires that our biologists, designation will not control the Regulations at 50 CFR 424.02(j) define to the extent consistent with the Act and direction and substance of future special management considerations or with the use of the best scientific and recovery plans, habitat conservation protection to mean any methods or commercial data available, use primary plans, or other species conservation procedures useful in protecting the and original sources of information as planning and recovery efforts if new

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information available to these planning shelter; sites for breeding, reproduction, (U.S. Fish and Wildlife Service 2000), efforts calls for a different outcome. and rearing of offspring; and habitats 30 major dams were constructed in the that are protected from disturbance or Basin during the 20th century. These Methods Used To Identify Proposed are representative of the historical dams and their impounded waters Critical Habitat for 11 Mussel Species geographical and ecological distribution present physical barriers to the natural As required by section 4(b)(2) of the of a species. dispersal of mussels (they prevent Act and implementing regulations (50 Based on the best available emigration (dispersal) of host fishes), CFR 424.12), we used the best scientific information, primary constituent and effectively isolate surviving mussel and commercial information available to elements essential for the conservation populations in limited portions of the determine critical habitat areas that of these 11 mussel species include the Basin’s major drainages. Small isolated contain the physical and biological following: aquatic populations are subject to features that are essential for the 1. Geomorphically stable stream and natural random events (droughts, conservation of the Coosa river channels and banks; floods), and to changes in human moccasinshell, southern clubshell, dark 2. A flow regime (i.e., the magnitude, activities and land use practices pigtoe, southern pigtoe, ovate clubshell, frequency, duration, and seasonality of (urbanization, industrialization, mining, triangular kidneyshell, southern discharge over time) necessary for certain agricultural activities and acornshell, upland combshell, fine-lined normal behavior, growth, and survival practices, etc.), that may severely impact pocketbook, orange-nacre mucket, and of all life stages of mussels and their fish aquatic habitats (Neves et al. 1997). Alabama moccasinshell. We reviewed hosts in the river environment; Without avenues of emigration to less the available information pertaining to 3. Water quality, including affected watersheds, mussel populations the historic and current distributions, temperature, pH, hardness, turbidity, gradually disappear where land use life histories, host fishes, and habitats oxygen content, and other chemical activities result in deterioration of of, and threats to these species. The characteristics, necessary for normal aquatic habitats. Local random events, information used in the preparation of behavior, growth, and viability of all life and changes in human activities within this proposed designation includes: Our stages; the Basin’s unimpounded watersheds own site-specific species and habitat 4. Sand, gravel, and/or cobble are believed to have caused or information; unpublished survey substrates with low to moderate contributed to the disappearance of reports, notes, and communications amounts of fine sediment, low amounts mollusks from significant portions of with other qualified biologists or of attached filamentous algae, and other isolated stream habitats, resulting in the experts; peer reviewed scientific physical and chemical characteristics extinction of as many as 13 mussels, as publications; the final listing rule for 11 necessary for normal behavior, growth, well as a number of freshwater snail mussels in the Mobile River Basin (58 and viability of all life stages; species (U.S. Fish and Wildlife Service FR 14330); and the Mobile River Basin 5. Fish hosts with adequate living, 2000). Aquatic Ecosystem Recovery Plan (U.S. foraging, and spawning areas for them; Most of the 11 mussel species Fish and Wildlife Service, 2000). In and, considered in this proposed designation determining the areas that are essential 6. Few or no competitive nonnative are currently represented by one or to the conservation of the 11 mussels we species present. more small, restricted, and isolated considered all streams currently or In considering and identifying populations. These surviving historically known to be occupied by primary constituent elements, we have populations have been isolated from one one or more of the species (see taken into account the dynamic nature another by dams and impounded ‘‘, Life History, and of riverine systems. We recognize that reaches for 20 to 50 years, and remain Distribution’’ above). It is likely that riparian areas and floodplains are vulnerable to the progressive other occupied stream or stream integral parts of the stream ecosystem, degradation of their habitats from land segments exist that may be essential to important in maintaining channel surface runoff or random natural events the survival and conservation of these geomorphology, and providing nutrient such as droughts. In many of these mussels, but we do not currently know input, and buffering from sediments and surviving populations, there is also where these are, and therefore cannot pollution; and that side channel and evidence of local population decline include them in this proposed critical backwater habitats may be important in during the same time period (e.g., Evans habitat designation. the life cycle of fish that serve as hosts 2001, Hartfield and Jones 1990, for mussel larvae. Primary Constituent Elements Williams and Hughes, 1998, McGregor Analysis Used To Delineate Critical et al. 2000). In accordance with sections 3(5)(A)(i) The Mobile River Basin Aquatic Habitat and 4(b)(1)(A) of the Act and regulations Ecosystem Recovery Plan (U.S. Fish and at 50 CFR 424.12, in determining which Currently, the greatest general threat Wildlife Service 2000), recognized the areas to propose as critical habitat, we to the survival and recovery of these 11 complexity of conserving the Basin’s are required to base critical habitat Mobile River Basin mussel species is the imperiled species, and considered that determinations on the best scientific small size, extent, and isolation of their downlisting or delisting these 11 data available and to focus on those remaining populations. With the mussels was unlikely in the foreseeable physical and biological features exception of the dark pigtoe, which is future because of the extent of their (primary constituent elements) that are believed to be naturally restricted to decline, the fragmentation and isolation essential to the conservation of the streams and rivers in the Black Warrior of their habitats, and continuing impacts species and that may require special drainage, these mussel species were upon their habitats. Compounding these management considerations or once widespread in the Basin, found in problems is a lack of information on protection. Such requirements include, a continuum of small streams to large specific habitat and life history but are not limited to, space for rivers in 2 or more major drainages. As requirements of these species, or on the individual and population growth and discussed under the ‘‘Summary of physical threats that confront them (e.g., for normal behavior; food, water, air, Decline and Threats to Surviving sediment, nutrient, and other pollutant light, minerals, or other nutritional or Populations,’’ and the Mobile River sensitivities, etc.). Threats compounded physiological requirements; cover or Basin Aquatic Ecosystem Recovery Plan by habitat fragmentation and isolation

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can be reduced by increasing the historic range of the 11 mussels, and presence and persistence of one or more number, expanding the range, and without any records of the species also of the listed mussels (Figure 1, Units 1 increasing the density of populations. cannot be considered to be essential to to 25). We believe that these areas also Preventing the extinction of those the conservation of these species (e.g., support darters, minnows, and other species listed as endangered, and Mobile/Tensas River, lower Tombigbee fishes that have been identified as hosts arresting the continued decline of those River, etc.) and so were not considered or potential hosts for one or more of the species listed as threatened are the further. Several streams with single site mussels, as evidenced by fish collection recovery objectives outlined in the occurrence records of a single species records (Mettee et al. 1996), the recovery plan for these 11 mussels. The were also not considered essential persistence of the mussels over recovery plan emphasizes: (1) Protection because of limited habitat availability, extended periods of time, or field of surviving populations of these isolation, degraded habitat, and/or low evidence of recruitment (Evans 2001, mussels and their stream and river management value or potential (e.g., Hartfield and Jones 1990, and Herod et habitats; (2) enhancement and Etowah River, Big Wills Creek, Little al. 2001, etc.). We consider all of these restoration of habitats; (3) and River, Armuchee Creek, Euharlee Creek, 25 of the 26 reaches essential for the population management, including Limestone Creek, etc.). conservation of these species. As augmentation and reintroduction of the We then evaluated streams and rivers discussed in the Recovery Plan, long- 11 mussels into portions of their historic within the historic ranges of these 11 term conservation of these 11 mussels is ranges to obtain these recovery species which had evidence that these unlikely in their currently reduced and objectives. In determining which areas mussels had occurred there at some fragmented state. Therefore, at a to propose as critical habitat for these 9 point (i.e., collection records). We minimum, it is essential to include in mussels, we considered the factors eliminated from consideration areas this designation the reaches within the discussed in the recovery plan, as well from which there have been no historic range that still contain mussels as the mussels’ historical distributions collection records for several decades and the primary constituent elements of and the extent of current occupied and/or are remote from currently the habitat. habitats and their management occupied areas (e.g., portions of the We then considered whether this potential. lower Alabama River, lower Cahaba essential area was adequate for the We began our analysis by considering River, Mulberry Fork, Noxubee River, conservation of each of the 11 mussel the historic ranges of the 11 mussel Talladega Creek, and others). In species. Given that threats to the species species. A large proportion of the evaluating streams for the upland are compounded by their limited Basin’s streams and rivers that combshell and southern acornshell, distribution and isolation, it is unlikely historically supported these mussels has specifically, we considered their that currently occupied habitat is been modified by existing dams and historic ranges (Black Warrior, Cahaba, adequate for the conservation of all 11 their impounded waters. Therefore, and Coosa River drainages). We selected species. Conservation of these species extensive portions of the upper those areas which have the best requires expanding their ranges into Tombigbee River, Black Warrior River, potential for and we believe are currently unoccupied portions of their Tallapoosa River, Alabama River, and essential to the conservation of these historic habitat because small, isolated, Coosa River cannot be considered two mussels based on collection history, aquatic populations are subject to essential to the conservation of these surviving mussel species assemblages, chance catastrophic events and to species because they no longer provide and habitat conditions. changes in human activities and land the physical and biological features that This analysis resulted in the use practices that may result in their are essential for their conservation (see identification of 25 of the 26 stream or elimination. Larger, more contiguous ‘‘Primary Constituent Elements’’ river reaches within the Basin (habitat populations can reduce the threat of section). units) occupied by 1 or more of the 11 extinction due to habitat fragmentation Free-flowing river segments and their species and that contain the primary and isolation. tributaries peripheral to the known constituent elements as indicated by the BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C species, there is considerable overlap increase each species’ current range and Because portions of the historic range between species’ current and historical number of extant populations into units of each of the 11 mussels were shared distributions within 25 of the 26 habitat currently occupied by other listed with 4 or more of the other mussel units. This offers opportunities to species included in this designation. For

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example, the Alabama moccasinshell suitable habitats. Since the Coosa River if new information becomes available historically inhabited 16 of the units, below Jordan Dam is recognized as after the final rule. and currently inhabits 7; fine-lined presenting the best opportunity for Need for Special Management pocketbook was known from 12 of the reestablishing populations of 9 of the 11 Consideration or Protection units, and currently inhabits 10; orange- species and is viewed by experts as a nacre mucket historically occupied 15 high-quality example of remaining An area designated as critical habitat units, and is currently found in 12; and mussel habitat in the Basin, we believe contains one or more of the primary Coosa moccasinshell historically it is also essential for their conservation, constituent elements that are essential occupied 9 of the units, but is currently and propose to designate it as to the conservation of the species (see found in only 1. Successful unoccupied habitat for these 9 mussel ‘‘Primary Constituent Elements’’ reintroduction of the species into units species. section), and that may require special that they historically occupied (and that As a result, we have defined 26 management considerations or are currently occupied by 1 or more of habitat units encompassing protection. Various activities in or the 11 species) would expand the approximately 1,760 km (1,093 mi) of adjacent to each of the critical habitat number of populations, thereby stream and river channels in Alabama, units described in this proposed rule reducing threat of extinction. Each of Mississippi, Georgia, and Tennessee, for may affect one or more of the primary the 25 of the 26 habitat units (Units 1– these 11 mussel species (Figure 1). constituent elements that are found in 25) are currently occupied by 1 or more Although this represents only a small the unit. These activities include, but of the listed mussels. Only two proportion of each species’ historic are not limited to, those listed in the occupied habitat units and one range, these habitat units include a ‘‘Effects of Critical Habitat’’ section as unoccupied habitat unit are proposed significant proportion of the Basin’s ‘‘Federal Actions That May Affect Critical Habitat and Require for the dark pigtoe because its range was remaining, highest quality, free-flowing Consultation.’’ None of the proposed naturally restricted to the Black Warrior rivers and streams, and reflect the critical habitat units is presently under drainage, and we are unable to identify variety of small stream to large river special management or protection any other unoccupied habitat units in habitats historically occupied by each provided by a legally operative plan or the drainage that provide constituent species. Because mussels are naturally agreement for the conservation of these elements. restricted by certain physical conditions mussels. Therefore, we have determined within a stream or river reach (i.e., flow, As noted above, conservation of these that the proposed units may require substrate), they may be unevenly species requires expanding their ranges special management or protection. into unoccupied portions of historic distributed within these habitat units. habitat. Therefore, in addition to these Uncertainty on upstream and Proposed Critical Habitat Designation 25 habitat units, we also propose to downstream distributional limits of The areas that we are proposing for designate the Coosa River below Jordan some populations may have resulted in designation as critical habitat for the 11 Dam (Unit 26) as critical habitat for 9 of small areas of occupied habitat mussel species provide one or more of the 11 mussel species. Shells of the fine- excluded from, or areas of unoccupied the primary constituent elements lined pocketbook were last collected habitat included in the designation. described above. In accordance with the from this reach in 1989 (Pierson 1991a), We recognize that both historic and Mobile River Aquatic Ecosystem and it is also within the historic range recent collection records upon which Recovery Plan (2000), protection of the of 8 other species. This is the only unit we relied are incomplete, and that there habitat in these units and their currently not occupied by at least 1 of are river segments or small tributaries surviving populations is essential to the the 11 species (Johnson 2002). This area not included in this proposed conservation of these 11 mussel species. has recently been identified as designation that may harbor small, All of the proposed areas require special presenting high potential for the limited populations of one or more of management considerations to ensure successful reintroduction of imperiled the 11 species considered in this their contribution to the conservation of mussels in the Coosa River drainage proposed designation, or that others these mussels. For each stream reach (Johnson 2002). In 1990, the Alabama may become suitable in the future. The proposed as a critical habitat unit, the Power Company initiated a 2000 cubic exclusion of such areas does not up- and downstream boundaries are feet per second minimum flow into the diminish their potential individual or described in general detail below; more Coosa River below Jordan Dam (Federal cumulative importance to the precise estimates are provided in the Energy Regulatory Commission (FERC) conservation of these species. However, Regulation Promulgation of this rule. 1990), greatly improving aquatic habitat we believe that with proper quality. The lower Coosa River not only management each of the 26 habitat units Critical Habitat Unit Descriptions offers high-quality riverine habitat, but are capable of supporting 1 or more of The critical habitat units described due to local geology it is relatively these 11 species, and will serve as below include the stream and river protected from non-point runoff, a major source populations for artificial channels within the ordinary high water threat to all existing populations of reintroduction into designated stream line. As defined in 33 CFR 329.11, the these species. There are historic records units, as well as assisted or natural ordinary high water line on nontidal of fine-lined pocketbook and southern migration into adjacent undesignated rivers is the line on the shore clubshell from this 13 km (8 mi) reach streams within the Basin. established by the fluctuations of water of river (Johnson 2002, Pierson 1991a), At this time, the habitat areas and indicated by physical and it is within the historic range of contained within the units described characteristics such as a clear, natural Alabama moccasinshell, Coosa below constitute our best evaluation of line impressed on the bank; shelving; moccasinshell, ovate clubshell, southern areas needed for the conservation of changes in the character of soil; pigtoe, triangular kidneyshell, southern these species. Proposed critical habitat destruction of terrestrial vegetation; the acornshell, and upland combshell. As may be revised for any or all of these presence of litter and debris; or other noted above, threats to these species can species should new information become appropriate means that consider the be reduced by expanding their current available prior to the final rule, and characteristics of the surrounding areas. ranges through reintroduction into existing critical habitat may be revised We are proposing the following areas for

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designation as critical habitat for the 11 location and extent of proposed critical specifically to § 17.95, Critical habitat- mussel species (Refer to Table 1 for the habitat for each species and more fish and wildlife, at the end of this rule).

TABLE 1.—APPROXIMATE RIVER DISTANCES, BY DRAINAGE, FOR OCCUPIED AND UNOCCUPIED PROPOSED CRITICAL HABITAT FOR THE 9 MUSSEL SPECIES *

Species, Status, Critical Habitat Currently Occupied Currently Unoccupied Unit, and State Kilometers Miles Kilometers Miles

Alabama moccasinshell THREATENED 1. East Fork Tombigbee River, MS ...... 26 16 2. Bull Mountain Creek, MS ...... 34 21 ...... 3. Buttahatchee River, MS, AL ...... 110 68 ...... 4. Luxapalila Creek, MS, AL ...... 29 18 ...... 5. Coalfire Creek, AL ...... 32 20 6. Lubbub Creek, AL ...... 31 19 ...... 7. Sipsey River, AL ...... 90 56 ...... 8. Trussels Creek, AL ...... 21 13 9. Sucarnoochee River, AL ...... 90 56 10. Sipsey Fork, AL ...... 147 91 ...... 11. North River, AL ...... 47 29 12. Locust Fork, AL ...... 102 63 13. Cahaba River, AL ...... 124 77 15. Bogue Chitto Creek, AL ...... 52 32 25. Oostanuala complex, GA, TN ...... 16 10 191 119 26. Lower Coosa River, AL ...... 13 8

Total ...... 457 283 698 433

Fine-lined pocketbook THREATENED 13. Cahaba River, AL ...... 124 77 ...... 16. Tallapoosa River, AL, GA ...... 161 100 ...... 17. Uphapee complex, AL ...... 74 46 ...... 18. Coosa River, AL ...... 78 48 ...... 19. Hatchet Creek, AL ...... 66 41 ...... 20. Shoal Creek, AL ...... 26 16 ...... 21. Kelly Creek, AL ...... 34 21 ...... 22. Cheaha Creek, AL ...... 27 17 ...... 23. Yellowleaf Creek, AL ...... 39 24 ...... 24. Big Canoe Creek, AL ...... 29 18 25. Oostanaula complex, GA, TN ...... 115 71 92 57 26. Lower Coosa River, AL ...... 13 8

Total ...... 744 461 134 83

Orange-nacre mucket THREATENED 1. East Fork Tombigbee River, MS ...... 26 16 ...... 2. Bull Mountain Creek, MS ...... 34 21 3. Buttahatchee River, MS, AL ...... 87 54 23 14 4. Luxapalila Creek, MS, AL ...... 29 18 ...... 5. Coalfire Creek, AL ...... 32 20 ...... 6. Lubbub Creek, AL ...... 31 19 ...... 7. Sipsey River, AL ...... 90 56 ...... 8. Trussels Creek, AL ...... 21 13 ...... 9. Sucarnoochee River, AL ...... 90 56 10. Sipsey Fork, AL ...... 147 91 ...... 11. North River, AL ...... 47 29 ...... 12. Locust Fork, AL ...... 102 63 ...... 13. Cahaba River, AL ...... 124 77 ...... 14. Alabama River, AL ...... 73 45 15. Bogue Chitto Creek, AL ...... 52 32 ......

Total ...... 788 480 220 136

Coosa moccasinshell ENDANGERED 18. Coosa River, AL ...... 78 48 19. Hatchet Creek, AL ...... 66 41 20. Shoal Creek, AL ...... 26 16 21. Kelly Creek, AL ...... 34 21 22. Cheaha Creek, AL ...... 27 17 23. Yellowleaf Creek, AL ...... 39 24

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TABLE 1.—APPROXIMATE RIVER DISTANCES, BY DRAINAGE, FOR OCCUPIED AND UNOCCUPIED PROPOSED CRITICAL HABITAT FOR THE 9 MUSSEL SPECIES *—Continued

Species, Status, Critical Habitat Currently Occupied Currently Unoccupied Unit, and State Kilometers Miles Kilometers Miles

24. Big Canoe Creek, AL ...... 29 18 25. Oostanaula Complex, GA, TN ...... 115 71 92 57 26. Lower Coosa River, AL ...... 13 8

Total ...... 115 71 404 250

Dark pigtoe ENDANGERED 10. Sipsey Fork, AL ...... 147 91 ...... 11. North River, AL ...... 47 29 ...... 12. Locust Fork, AL ...... 102 63

Total ...... 194 120 102 63

Ovate clubshell ENDANGERED 1. East Fork Tombigbee River, MS ...... 26 16 2. Bull Mountain Creek, MS ...... 34 21 3. Buttahatchee River, MS, AL ...... 87 54 23 14 4. Luxapalila Creek,MS, AL ...... 29 18 ...... 5. Coalfire Creek, AL ...... 32 20 ...... 6. Lubbub Creek, AL ...... 31 19 7. Sipsey River, AL ...... 90 56 ...... 8. Trussels Creek, AL ...... 21 13 9. Sucarnoochee River, AL ...... 90 56 ...... 10. Sipsey Fork, AL ...... 147 91 11. North River, AL ...... 47 29 12. Locust Fork, AL ...... 102 63 13. Cahaba River, AL ...... 124 77 17. Uphapee complex, AL ...... 74 46 ...... 18. Coosa River, AL ...... 18 11 60 37 19. Hatchet Creek, AL ...... 66 41 21. Kelly Creek, AL ...... 34 21 24. Big Canoe Creek, AL ...... 29 18 25. Oostanaula complex, GA, TN ...... 206 128 26. Lower Coosa River, AL ...... 13 8

Total ...... 420 261 963 596

Southern clubshell ENDANGERED 1. East Fork Tombigbee River, MS ...... 26 16 ...... 2. Bull Mountain Creek, MS ...... 34 21 ...... 3. Buttahatchee River, MS, AL ...... 87 54 23 14 4. Luxapalila Creek, MS AL ...... 29 18 ...... 5. Coalfire Creek, AL ...... 32 20 6. Lubbub Creek, AL ...... 31 19 ...... 7. Sipsey River, AL ...... 90 56 ...... 8. Trussels Creek, AL ...... 21 13 9. Sucarnoochee River, AL ...... 90 56 13. Cahaba River, AL ...... 124 77 14. Alabama River, AL ...... 73 45 ...... 15. Bogue Chitto Creek, AL ...... 52 32 ...... 17. Uphapee Complex, AL ...... 74 46 18. Coosa River, AL ...... 71 44 7 4 19. Hatchet Creek, AL ...... 66 41 21. Kelly Creek, AL ...... 26 16 8 5 24. Big Canoe Creek, AL ...... 29 18 ...... 25. Oostanaula Complex, GA, TN ...... 15 9 130 120 26. Lower Coosa River, AL ...... 13 8

Total ...... 637 394 577 358

Southern pigtoe ENDANGERED 18. Coosa River, AL ...... 78 48 19. Hatchet Creek, AL ...... 66 41 20. Shoal Creek, AL ...... 26 16 ...... 21. Kelly Creek, AL ...... 34 21

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TABLE 1.—APPROXIMATE RIVER DISTANCES, BY DRAINAGE, FOR OCCUPIED AND UNOCCUPIED PROPOSED CRITICAL HABITAT FOR THE 9 MUSSEL SPECIES *—Continued

Species, Status, Critical Habitat Currently Occupied Currently Unoccupied Unit, and State Kilometers Miles Kilometers Miles

22. Cheaha Creek, AL ...... 27 17 ...... 23. Yellowleaf Creek, ...... 39 24 24. Big Canoe Creek, AL ...... 29 18 ...... 25. Oostanaula Complex, GA, TN ...... 115 71 92 57 26. Lower Coosa River, AL ...... 13 8

Total ...... 197 122 322 199

Triangular kidneyshell ENDANGERED 10. Sipsey Fork, AL ...... 147 91 ...... 11. North River, AL ...... 47 29 12. Locust Fork, AL ...... 102 63 ...... 13. Cahaba River, AL ...... 105 65 19 12 18. Coosa River, AL ...... 78 48 19. Hatchet Creek, AL ...... 66 41 20. Shoal Creek, AL ...... 26 16 ...... 21. Kelly Creek, AL ...... 26 16 8 5 22. Cheaha Creek, AL ...... 27 17 23. Yellowleaf Creek, AL ...... 39 24 24. Big Canoe Creek, AL ...... 29 18 ...... 25. Oostanaula Complex, GA, TN ...... 206 128 ...... 26. Lower Coosa River, AL ...... 13 8

Total ...... 641 397 297 184

Southern acornshell ENDANGERED 13. Cahaba River, AL ...... 124 77 18. Coosa River, AL ...... 78 48 19. Hatchet Creek, AL ...... 66 41 21. Kelly Creek, AL ...... 34 21 24. Big Canoe Creek, AL ...... 29 18 25. Oostanaula Complex, GA, TN ...... 205 128 26. Lower Coosa River, AL ...... 13 8

Total ...... 549 341

Upland combshell ENDANGERED 12. Locust Fork, AL ...... 102 63 13. Cahaba River, AL ...... 124 77 18. Coosa River, AL ...... 78 48 19. Hatchet Creek, AL ...... 66 41 21. Kelly Creek, AL ...... 34 21 24. Big Canoe Creek, AL ...... 29 18 25. Oostanaula Complex, GA, TN ...... 205 128 26. Lower Coosa River, AL ...... 13 8

Total ...... 651 404

* Table 1 refers to the location and extent of proposed critical habitat for each species. For more detail, refer to § 17.95. Table 1 will reflect to- tals on a species level only, because units are listed under each species as appropriate.

Upper Tombigbee River Drainage, the dams and impounded waters isolate County, upstream to the confluence of Alabama, Mississippi all surviving tributary populations from Mill Creek, Itawamba County, The Tombigbee River and several of each other. Mississippi. This reach of the East Fork Tombigbee River continues to support its tributaries above the confluence of Unit 1. East Fork Tombigbee River, the southern clubshell and orange-nacre the Black Warrior River historically Monroe, Itawamba Counties, mucket (Hartfield and Jones 1989, supported robust populations of the Mississippi orange-nacre mucket, Alabama Miller and Hartfield 1988, Mississippi moccasinshell, southern clubshell, and Unit 1 encompasses 26 km (16 mi) of Museum of Natural Science (MMNS) ovate clubshell. Construction of the East Fork Tombigbee River channel mussel collections 1984–2001). This navigation dams has eliminated these in Mississippi extending from unit is within the historic range of the species from the mainstem river, and Mississippi Highway 278, Monroe

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Alabama moccassinshell and ovate Unit 5. Coalfire Creek, Pickens County, Sumter County, Alabama. The ovate clubshell. Alabama clubshell continues to survive in the Unit 5 encompasses 32 km (20 mi) of Sucarnoochee River (McGregor et al. Unit 2. Bull Mountain Creek, Itawamba 1996). The river is within the historic County, Mississippi the Coalfire Creek stream channel extending from the confluence with the range of the southern clubshell, orange- Unit 2 encompasses 34 km (21 mi) of Aliceville Lake (Tombigbee River), nacre mucket, and Alabama the Bull Mountain Creek stream channel upstream to U.S. Highway 82, Pickens moccasinshell. in Mississippi extending from County, Alabama. Coalfire Creek Black Warrior River Drainage, Mississippi Highway 25, upstream to supports the orange-nacre mucket and Alabama ovate clubshell (P. Hartfield, Service U.S. Highway 78, Itawamba County, The Black Warrior River and its field records 1991; McGregor 2000). The Mississippi. Bull Mountain Creek tributaries historically supported creek is in the historic range of the supports the southern clubshell and populations of the orange-nacre mucket, southern clubshell and Alabama Alabama moccasinshell (Jones and Alabama moccasinshell, Coosa moccasinshell. Majure 1999). This unit is within the moccasinshell, southern clubshell, ovate historic range of the orange-nacre Unit 6. Lubbub Creek, Pickens County, clubshell, dark pigtoe, triangular mucket (records are from the early Alabama kidneyshell, and upland combshell. 1980’s (MMNS mussel collections)) and Unit 6 encompasses 31 km (19 mi) of There are also records of the fine-lined the ovate clubshell. the Lubbub Creek stream channel pocketbook from the drainage. Dam Unit 3. Buttahatchee River and extending from its confluence with the construction for navigation and Tributary, Lowndes/Monroe County, impounded waters of Gainesville Lake hydropower and episodic water Mississippi; Lamar County, Alabama (Tombigbee River), upstream to the pollution resulted in the extirpation of confluence of Little Lubbub Creek, the Coosa moccasinshell, southern Unit 3 encompasses 110 km (68 mi) Pickens County, Alabama. This stream clubshell, ovate clubshell, and upland of river and stream channel in supports the southern clubshell, orange- combshell from this drainage. Three Mississippi and Alabama, including 87 nacre mucket, and Alabama tributary drainages continue to support km (54 mi) of the Buttahatchee River, moccasinshell (P. Hartfield, Service two or more endangered and threatened extending from the confluence with field records 1991, McGregor 2000, mussels. Dams and impounded waters Tombigbee River, Lowndes/Monroe Pierson 1991a). It is in the historic range currently isolate these drainages from County, Mississippi, upstream to the of the ovate clubshell. each other. confluence of Beaver Creek, Lamar Unit 7. Sipsey River, Greene/Pickens, Unit 10. Sipsey Fork Drainage, County, Alabama; and 23 km (14 mi) of Tuscaloosa Counties, Alabama Winston, Lawrence Counties, Alabama Sipsey Creek, extending from its Unit 10 encompasses 147 km (91 mi) confluence with the Buttahatchee River, Unit 7 encompasses 90 km (56 mi) of the Sipsey River channel from the of stream channel in Alabama, upstream to the Mississippi/Alabama including: Sipsey Fork, 31 km (19 mi), State Line, Monroe County, Mississippi. confluence with Gainesville Lake (Tombigbee River), Greene/Pickens from section 11/12 line, T10S R8W, The Buttahatchee River continues to Winston County, upstream to the support and provide habitat for the County, upstream to Alabama Highway 171 crossing, Tuscaloosa County, confluence of Hubbard Creek, Lawrence southern clubshell, orange-nacre County, Alabama; Thompson Creek, 8 mucket, ovate clubshell, and Alabama Alabama. This small river supports and provides some of the best remaining km (5 mi), from confluence with moccasinshell (Haag and Warren 2001, Hubbard Creek, upstream to section 2 Hartfield and Jones 1989, Jones 1991, habitat for the southern clubshell, orange-nacre mucket, ovate clubshell, line, T8S R9W, Lawrence County, McGregor 2000). The current Alabama; Brushy Creek, 35 km (22 mi), distribution of the Alabama and Alabama moccasinshell (Haag and Warren 1997, McCullagh et al. in press, from the confluence of Glover Creek, moccasinshell also extends into its Winston County, Alabama, upstream to tributary Sipsey Creek (McGregor 2000). McGregor 2000, MMNS Mussel Collection, Pierson, 1991 a, b). section 9, T8S R7W, Lawrence County, Unit 4. Luxapalila Creek and Tributary, Alabama; Capsey Creek, 15 km (9 mi), Lowndes County, Mississippi; Lamar Unit 8. Trussels Creek, Greene County, from confluence with Brushy Creek, County, Alabama Alabama Winston County, upstream to the Unit 8 encompasses 21 km (13 mi) of confluence of Turkey Creek, Lawrence Unit 4 encompasses 29 km (18 mi) of creek channel extending from its County, Alabama; Rush Creek, 10 km (6 stream channel, including 15 km (9 mi) confluence with the Tombigbee River, mi), from confluence with Brushy of Luxapalila Creek, extending from upstream to Alabama Highway 14, Creek, upstream to Winston/Lawrence Waterworks Road, Columbus, Greene County, Alabama. The orange- County Line, Winston County, Alabama; Mississippi, upstream to approximately nacre mucket continues to survive in Brown Creek, 5 km (3 mi), from 1.0 km (0.6 mi) above Steens Road, Trussels Creek, and it is in the historic confluence with Rush Creek, Winston Lowndes County, Mississippi; and 15 range of the ovate clubshell, Alabama County, upstream to section 24 line, km (9 mi) of Yellow Creek extending moccasinshell, and southern clubshell T8S R7W Lawrence County, Alabama; from its confluence with Luxapalila (P. Hartfield field records 1993, Beech Creek, 3 km (2 mi), from Creek, upstream to the confluence of McGregor 2000). confluence with Brushy Creek, to Cut Bank Creek, Lamar County, confluence of East and West Forks, Alabama. Luxapalila and Yellow Creeks Unit 9. Sucarnoochee River, Sumter Winston County, Alabama; Caney Creek support and provide habitat for the County, Alabama and North Fork Caney Creek, 13 km (8 southern clubshell, orange-nacre Unit 9 encompasses 90 km (56 mi) of mi), from confluence with Sipsey Fork, mucket, ovate clubshell, and Alabama the Sucarnoochee River channel in upstream to section 14 line, Winston moccasinshell (Hartfield and Bowker Alabama, extending from its confluence County, Alabama; Borden Creek, 18 km 1992, McGregor 2000, Miller 2000, with the Tombigbee River, upstream to (11 mi), from confluence with Sipsey Yokley 2001). the Mississippi/Alabama State Line, Fork, Winston County, Alabama,

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upstream to the confluence of upland combshell, and southern potential for the Alabama Montgomery Creek, Lawrence County, acornshell. Episodic and persistent moccasinshell. Alabama; Flannagin Creek, 10 km (6 pollution events have caused the Tallapoosa River Drainage, Alabama, mi), from confluence with Borden decline of the mussel community Georgia Creek, upstream to confluence of Dry throughout the drainage, as well as the Creek, Lawrence County, Alabama. The extirpation of five of the listed mussels. Historical and recent records indicate upper Sipsey Fork drainage currently that the Tallapoosa River drainage Unit 13. Cahaba River and Tributary, supports the most robust and extensive supported a diverse mussel community, populations of the dark pigtoe, orange- Jefferson, Shelby, Bibb Counties, although numbers of all mussel species nacre mucket, Alabama moccasinshell, Alabama have apparently always been low in this and triangular kidneyshell (Haag and Unit 13 encompasses 124 km (77 mi) system. This river drainage currently Warren 1997; Haag et al. 1995; Hartfield of river channel in Alabama, including: contains 2 extensive areas of contiguous 1991; Hartfield and Butler 1997; Cahaba River, 105 km (65 mi) extending habitat supporting three of the listed Hartfield and Hartfield 1996; McGregor from U.S. Highway 82, Centerville, Bibb mussel species. 1992, Warren and Haag 1994). Ovate County, upstream to Jefferson County Unit 16. Tallapoosa River and clubshell have been reported from this Road 143, Jefferson County, Alabama; Tributary, Cleburne County, Alabama drainage (Dodd 1986). Little Cahaba River, 19 km (12 mi), from and Haralson and Paulding Counties, its confluence with the Cahaba River, Unit 11. North River and Tributary, Georgia upstream to the confluence of Mahan Tuscaloosa, Fayette Counties, Alabama and Shoal Creeks, Bibb County, Unit 16 encompasses 161 km (100 mi) Unit 11 encompasses 47 km (29 mi) Alabama. Scattered individuals of of river and stream channel in Alabama of river and stream channel in Alabama, triangular kidneyshell, orange-nacre and Georgia, including: Tallapoosa including: North River, 42 km (26 mi) mucket, and fine-lined pocketbook River, 137 km (85 mi) extending from extending from Tuscaloosa County Road continue to be collected from the U.S. Highway 431, Cleburne County, 38, Tuscaloosa County, upstream to Cahaba drainag (R. Haddock, Cahaba Alabama, upstream to the confluence of confluence of Ellis Creek, Fayette River Society, pers. comm. 2002; McClendon and Mud Creeks, Paulding County, Alabama; Clear Creek, 5 km (3 McGregor et al. 2000, Shepard et al. County, Georgia; and Cane Creek, 24 km mi), from its confluence with North 1994). The river is historic habitat for (15 mi), from confluence with River, to Bays Lake Dam, Fayette the Alabama moccasinshell, southern Tallapoosa River, upstream to Section County, Alabama. Small numbers of the clubshell, ovate clubshell, upland 33/4 Line (T15S, R11E), Cleburne dark pigtoe and orange-nacre mucket combshell, and southern acornshell. County, Alabama. This extensive area of continue to survive in the North River main channel and tributary habitat and Clear Creek (McGregor and Pierson Alabama River Drainage, Alabama supports scattered, small numbers of the 1999, Pierson 1992a, Vittor and The Alabama River mollusc fine-lined pocketbook (Devris 1997, Associates 1993). This area is in the community has been reduced due to the Irwin et al. 1998, Irwin pers. comm. historic range of the Alabama effects of historic pollution events and 2000). There have been site collections moccasinshell, triangular kidneyshell, impoundment for navigation. Historical of fine-lined pocketbook in the extreme and ovate clubshell. records from this river include the lowest reaches of several small Alabama moccasinshell, orange-nacre tributaries to the Tallapoosa Unit, Unit 12. Locust Fork and Tributary, mucket, fine-lined pocketbook, including Little Cane Creek, Big Creek, Jefferson, Blount Counties, Alabama triangular kidneyshell, and southern McClendon Creek, and Muscadine Unit 12 encompasses 102 km (63 mi) clubshell. Creek, and there are likely to be others. of river and stream channel in Alabama, We believe these small populations are including: Locust Fork, 94 km (58 mi) Unit 14. Alabama River, Autauga, dependent upon the main stem extending from U.S. Highway 78, Lowndes, Dallas Counties, Alabama Tallapoosa River for recruitment. Jefferson County, upstream to the Unit 14 encompasses 73 km (45 mi) Unit 17. Uphapee/Choctafaula/ confluence of Little Warrior River, of the Alabama River channel, Chewacla Creeks, Macon, Lee Counties, Blount County, Alabama; Little Warrior extending from the confluence of the Alabama River, 8 km (5 mi), from its confluence Cahaba River, Dallas County, upstream with the Locust Fork, upstream to the to the confluence of Big Swamp Creek, Unit 17 encompasses 74 km (46 mi) confluence of Calvert Prong and Lowndes County, Alabama. The of stream channel in Alabama, Blackburn Fork, Blount County, southern clubshell is known to occur including: Uphapee Creek, 18 km (11 Alabama. Scattered collections of the within this reach (Hartfield and Garner mi) of river channel extending from orange-nacre mucket and triangular 1998). This area may become suitable Alabama Highway 199, upstream to kidneyshell suggest an enduring for reintroduction of the orange-nacre confluence of Opintlocco and Chewacla population of these species in the mucket. Creeks, Macon County, Alabama; Locust Fork (P. Johnson pers. comm. Choctafaula Creek, 11 km (7 mi), from Unit 15. Bogue Chitto Creek, Dallas 2002, Hartfield 1991, Shepard et al. confluence with Uphapee Creek, County, Alabama 1988). This stream is also in the historic upstream to Macon County Road 54, range of the dark pigtoe, Alabama Unit 15 encompasses 52 km (32 mi) Macon County, Alabama; Chewacla moccasinshell, ovate clubshell, and of the Bogue Chitto Creek channel in Creek, 29 km (18 mi), from confluence upland combshell. Alabama, extending from its confluence with Opintlocco Creek, Macon County, with the Alabama River, Dallas County, Alabama, upstream to Lee County Road Cahaba River Drainage, Alabama upstream to U.S. Highway 80, Dallas 159, Lee County, Alabama; Opintlocco The Cahaba River and tributaries County, Alabama. This stream continues Creek, 16 km (10 mi), from confluence historically supported the orange-nacre to support the southern clubshell and with Chewacla Creek, upstream to mucket, fine-lined pocketbook, Alabama orange-nacre mucket (McGregor et al. Macon County Road 79, Macon County, moccasinshell, southern clubshell, ovate 1996; P. Hartfield field notes, 1984; Alabama. This stream network supports clubshell, triangular kidneyshell, Pierson 1991a). The habitat offers small and localized populations of the

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fine-lined pocketbook, ovate clubshell, Unit 20. Shoal Creek, Calhoun, pocketbook (Feminella and Gangloff and southern clubshell (M. Gangloff, Cleburne Counties, Alabama 2000, Gangloff in litt., 2001, Pierson in Auburn University, in litt. 2001; Unit 20 encompasses 26 km (16 mi) litt. 2000). Yellowleaf Creek is in the Gangloff 2002, McGregor 1993, Pierson of stream channel in Alabama, historic range of the Coosa 1991a). extending from the headwater of moccasinshell, southern pigtoe, and triangular kidneyshell. Coosa River Drainage, Alabama, Whitesides Mill Lake, Calhoun County, Georgia, Tennessee Alabama, upstream to the tailwater of Unit 24. Big Canoe Creek, St. Clair Coleman Lake Dam, Cleburne County, County, Alabama Extensive impoundment for Alabama. The fine-lined pocketbook, Unit 24 encompasses 29 km (18 mi) hydropower during the 20th century southern pigtoe, and triangular of the Big Canoe Creek channel, along with episodic pollution events kidneyshell survive in Shoal Creek extending from its confluence with severely reduced one of the most (Haag et al. 1999, Feminella and Little Canoe Creek at the St. Clair/ diverse endemic freshwater molluscan Gangloff 2000, Gangloff in litt. 2001, Etowah County line, St. Clair County, communities in the world. Listed Pierson, 1992b). Shoal Creek is within upstream to the confluence of Fall mussels in the drainage are now historic range of the Coosa Branch, St. Clair County, Alabama. The restricted to one small portion of the moccasinshell. main channel Coosa River, one large southern clubshell, southern pigtoe, and tributary complex, and several small Unit 21. Kelly Creek and Tributary, triangular kidneyshell are surviving in isolated tributaries. Shelby, St. Clair Counties, Alabama low numbers in Big Canoe Creek Unit 21 encompasses 34 km (21 mi) (Feminella and Gangloff 2000, Gangloff Unit 18. Coosa River (Old River of stream channel in Alabama, in litt. 2001). This stream is also historic Channel) and tributary, Cherokee, including: Kelly Creek, 26 km (16 mi) habitat for the fine-lined pocketbook, Calhoun, Cleburne Counties, Alabama extending from the confluence with the ovate clubshell, Coosa moccasinshell, Coosa River, upstream to the confluence upland combshell, and southern Unit 18 encompasses 78 km (48 mi) acornshell. of river channel in Alabama, including: of Shoal Creek, St. Clair County, Coosa River, 18 km (11 mi) extending Alabama; Shoal Creek, 8 km (5 mi), from Unit 25. Oostanaula River/Coosawattee from the powerline crossing southeast of confluence with Kelly Creek, St. Clair River/Conasauga River/Holly Creek, Maple Grove, Alabama, upstream to County, Alabama, upstream to St. Clair/ Floyd, Gordon, Whitfield, Murray Weiss Dam, Cherokee County, Alabama; Shelby County Line, St. Clair County, Counties, Georgia; Bradley, Polk Terrapin Creek, 53 km (33 mi) extending Alabama. Kelly/Shoal Creeks continue Counties, Tennessee to support scattered individuals of the from its confluence with the Coosa Unit 25 encompasses 206 km (128 mi) fine-lined pocketbook, and the southern River, Cherokee County, upstream to of river and stream channel in Georgia clubshell and triangular kidneyshell Cleburne County Road 49, Cleburne and Tennessee, including: Oostanaula survive in Kelly Creek (Pierson pers County, Alabama; South Fork Terrapin River, 77 km (48 mi) extending from its comm. 1995, Feminella and Gangloff Creek, 7 km (4 mi) from its confluence confluence with the Etowah River, 2000, Gangloff in litt. 2001). This stream with Terrapin Creek, upstream to Floyd County, upstream to the complex is historic habitat for the Cleburne County Road 55, Cleburne confluence of the Conasauga and southern pigtoe, Coosa moccasinshell, County, Alabama. The short reach of the Coosawattee River, Gordon County, ovate clubshell, upland combshell, and Coosa River continues to support a Georgia; Coosawattee River, 15 km (9 southern acornshell. fairly robust population of the southern mi), from confluence with the clubshell, and a few individuals of the Unit 22. Cheaha Creek, Talladega, Clay Conasauga River, upstream to Georgia ovate clubshell and fine-lined Counties, Alabama State Highway 136, Gordon County, pocketbook (Herod et al. 2001). The Unit 22 encompasses 27 km (17 mi) Georgia; Conasauga River, 98 km (61 fine-lined pocketbook and southern of the Cheaha Creek channel, extending mi), from confluence with the clubshell have also been recently from its confluence with Choccolocco Coosawattee River, Gordon County, collected from Terrapin Creek Creek, Talladega County, Alabama, Georgia, upstream through Bradley and (Feminella and Gangloff 2000). This upstream to the tailwater of Chinnabee Polk Counties, Tennessee, to the Murray area is within the range of the Coosa Lake, Clay County, Alabama. The fine- County Road 2, Murray County, Georgia; moccasinshell, southern pigtoe, lined pocketbook and southern pigtoe Holly Creek, 16 km (10 mi), from triangular kidneyshell, upland survive within this reach (Feminella confluence with Conasauga River, combshell, and southern acornshell. and Gangloff 2000, Gangloff in litt. 2001, upstream to the confluence of Rock Unit 19. Hatchet Creek, Coosa, Clay Pierson 1992b, 1993). Cheaha Creek is Creek, Murray County, Georgia. This Counties, Alabama in the historic range of the Coosa extensive riverine reach continues to moccasinshell and triangular support small and localized populations Unit 19 encompasses 66 km (41 mi) kidneyshell. of fine-lined pocketbook, southern of the Hatchet Creek channel in pigtoe, triangular kidneyshell, Alabama Alabama, extending from the confluence Unit 23. Yellowleaf Creek and moccasinshell, and Coosa of Swamp Creek at Coosa County Road Tributary, Shelby County, Alabama moccasinshell. The triangular 29, Coosa County, Alabama, upstream to Unit 23 encompasses 39 km (24 mi) kidneyshell survives throughout this Clay County Road 4, Clay County, of stream channel, including: Yellowleaf unit, while the fine-lined pocketbook, Alabama. The fine-lined pocketbook Creek, 32 km (20 mi), extending from southern pigtoe, and Coosa occurs within this reach (Feminella and Alabama Highway 25, upstream to moccasinshell appear to be currently Gangloff 2000, Pierson 1992b). Hatchet Shelby County Road 49; Muddy Prong, restricted to the Conasauga River and Creek is within the historic range of the 7 km (4 mi), extending from confluence Holly Creek and the southern clubshell Coosa moccasinshell, southern pigtoe, with Yellowleaf Creek, upstream to U.S. appears restricted to a small 15 km (9 ovate clubshell, southern clubshell, Highway 280, Shelby County, Alabama. mi) reach of the Conasauga River (Evans triangular kidneyshell, upland Yellowleaf and Muddy Prong Creeks are 2001, Johnson and Evans, 2000, Pierson combshell, and southern acornshell. currently inhabited by the fine-lined in litt. 1993, Williams and Hughes

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1998). The Alabama moccasinshell is reach is within the historic range of below mean high waters of some currently known to survive only in the fine-lined pocketbook, southern navigable waters included in this Holly Creek portion of this Unit (Evans clubshell, Alabama moccasinshell, proposal. However, we believe that most 2001, Johnson and Evans 2000). The Coosa moccasinshell, ovate clubshell, navigable waters included in this rule Oostanaula/Coosawattee/Conasauga southern pigtoe, triangular kidneyshell, are owned by the States of Mississippi, Unit also contains historic habitat for upland combshell, and southern Alabama, Georgia, and Tennessee. Most the southern clubshell, ovate clubshell, acornshell. (Johnson 2002, Pierson non-navigable streams and riparian upland combshell, and southern 1991a). lands bordering navigable streams are in acornshell. Land Ownership private ownership. Table 2 summarizes Unit 26. Lower Coosa River, Elmore States were granted ownership of primary riparian landowners in each of County, Alabama lands beneath navigable waters up to the proposed critical habitat units by Unit 26 encompasses 13 km (8 mi) of the high water mark upon achieving private, State, or Federal ownership. the Lower Coosa River channel, statehood (Pollard v. Hagan, 44 U.S. (3 Approximately 82 percent, 1447 km extending from Alabama State Highway How.) 212 (1845)). Prior sovereigns or (897 mi), of stream channels proposed 111 bridge, upstream to Jordan Dam, the States may have made grants to as critical habitat are bordered by Elmore County, Alabama. This river private parties which include lands private lands.

TABLE 2.—ADJACENT RIPARIAN LAND OWNERSHIP (KM/MI) IN PROPOSED CRITICAL HABITAT UNITS FOR THREATENED AND ENDANGERED MUSSELS IN THE MOBILE RIVER BASIN

Critical habitat unit Private State Federal Total

1. East Fork Tombigbee River ...... 19/12 ...... 6/4 26/16 2. Bull Mountain Creek ...... 34/21 ...... 34/21 3. Buttahatchee River ...... 110/68 ...... 110/68 4. Luxapalila Creek ...... 29/18 ...... 29/18 5. Coalfire Creek ...... 32/20 ...... 32/20 6. Lubbub Creek ...... 31/19 ...... 31/19 7. Sipsey River ...... 74/46 16/10 ...... 90/56 8. Trussels Creek ...... 21/13 ...... 21/13 9. Sucarnoochee River ...... 90/56 ...... 90/56 10. Sipsey Fork ...... 15/9 ...... 132/82 147/91 11. North River ...... 47/29 ...... 47/29 12. Locust Fork ...... 102/63 ...... 102/63 13. Cahaba River ...... 92/57 26/16 6/4 124/77 14. Alabama River ...... 73/45 ...... 73/45 15. Bogue Chitto ...... 52/32 ...... 52/32 16. Tallapoosa River ...... 161/100 ...... 161/100 17. Uphapee complex ...... 56/35 ...... 18/11 74/46 18. Coosa River ...... 63/39 ...... 15/9 78/48 19. Hatchet Creek ...... 55/34 ...... 11/7 66/41 20. Shoal Creek ...... 26/16 26/16 21. Kelly Creek ...... 34/21 ...... 34/21 22. Cheaha Creek ...... 16/10 ...... 11/7 27/17 23. Yellowleaf Creek ...... 39/24 ...... 39/24 24. Big Canoe Creek ...... 29/18 ...... 29/18 25. Oostanaula Complex ...... 188/117 ...... 18/11 206/128 26. Lower Coosa River ...... 13/8 ...... 13/8

Total ...... 1,475/914 42/26 243/151 1,760/1,093

Public lands adjacent to proposed Chattahoochee National Forest in Unit their actions occur on Federal lands, critical habitat units consist of 25 (18 km (11 mi)). require Federal authorization, or involve Federal funding. approximately 288 km (179 mi) of Effects of Critical Habitat Designation riparian lands, including Canal Section Section 7(a)(2) of the Act requires Wildlife Management Area in Unit 1 (6 Relationship to Section 7 of the Act Federal agencies, including us, to insure km (4 mi)); Sipsey River Natural Area in The regulatory effects of a critical that their actions are not likely to Unit 7 (16 km (10 mi)); William B. habitat designation under the Act are jeopardize the continued existence of a Bankhead National Forest in Unit 10 triggered through the provisions of listed species or result in the (134 km (83 mi)); Cahaba River National section 7 of the Act, which applies only destruction or adverse modification of Wildlife Refuge (6 km (4 mi)) and to activities conducted, authorized, or designated critical habitat. This Cahaba River Wildlife Management funded by a Federal agency (Federal requirement is met through a Area (28 km (17 mi)) in Unit 13; actions). Regulations implementing this consultation under section 7 of the Act. Tuskegee National Forest in Unit 17 (16 interagency cooperation provision of the Our regulations define ‘‘jeopardize the km (10 mi)); Talladega National Forest Act are codified at 50 CFR part 402. continued existence’’ as to engage in an in Unit 18 (15 km (9 mi)), Unit 19 (11 Individuals, organizations, States, local action that reasonably would be km (7 mi)), Unit 20 (27 km (17mi)), and governments, and other non-Federal expected, directly or indirectly, to Unit 22 (11 km (7 mi)); and entities are not affected by the reduce appreciably the likelihood of designation of critical habitat unless both the survival and recovery of a

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listed species in the wild by reducing Consultation for Designated Critical habitat and over which the agency the reproduction, numbers, or Habitat retains discretionary involvement or distribution of that species (50 CFR If a Federal action may affect a listed control, as described above under 402.02). ‘‘Destruction or adverse species or its designated critical habitat, ‘‘Conference for Proposed Critical modification of designated critical the action agency must initiate Habitat.’’ Following designation of habitat’’ is defined as a direct or indirect consultation with us (50 CFR 402.14). critical habitat, regulations at 50 CFR alteration that appreciably diminishes Through this consultation, we will 402.16 require a Federal agency to the value of the critical habitat for both advise the agency whether the action reinitiate consultation for previously the survival and recovery of the species would likely jeopardize the continued reviewed actions that may affect critical habitat and over which the agency has (50 CFR 402.02). Such alterations existence of the species or adversely retained discretionary involvement or include, but are not limited to, adverse modify its critical habitat, or both. The control. changes to the physical or biological Services’ Consultation Handbook states features, i.e., the primary constituent that the destruction or adverse Federal Actions That May Destroy or elements, that were the basis for modification analysis focuses on the Adversely Modify 11 Mussels Critical determining the habitat to be critical. entire critical habitat area designated Habitat The relationship between a species’ unless the critical habitat rule identifies Section 4(b)(8) of the Act requires us, survival and its recovery has been a another basis for the analysis, such as in any proposed or final rule source of confusion to some in the past. discrete units or groups of units designating critical habitat, to briefly We believe that a species’ ability to necessary for different life cycle phases describe and evaluate those activities recover depends on its ability to survive or units representing distinctive habitat that may adversely modify such habitat, into the future when its recovery can be characteristics or gene pools, or units or that may be affected by such achieved; thus, the concepts of long- fulfilling essential geographic designation. term survival and recovery are distribution requirements. The extent of Federal actions that, when carried intricately linked. However, in a March the 11 mussels’ decline, the out, funded or authorized by a Federal 15, 2001, decision of the United States fragmentation and isolation of their agency, may destroy or adversely Court of Appeals for the Fifth Circuit habitats and continuing impacts upon modify critical habitat for the 11 (Sierra Club v. U.S. Fish and Wildlife their habitats, and the importance of mussels include, but are not limited to: Service et al., 245 F.3d 434), the Court every unit to the recovery of the species (1) Actions that would alter the found our definition of destruction or suggests that individual units or groups minimum flow or the existing flow adverse modification as currently of units that are used by populations regime to a degree that appreciably contained in 50 CFR 402.02 to be which fulfill essential geographic reduces the value of the critical habitat invalid. In response to this decision, we distribution requirements are the for both the long-term survival and are reviewing the regulatory definition appropriate scale for the analysis. In recovery of the species. Such activities of adverse modification in relation to accordance with the Mobile River could include, but are not limited to, the conservation of the species. Aquatic Ecosystem Recovery Plan impoundment, channelization, water (2000), protection of the habitat in these diversion, and hydropower generation. Conference for Proposed Critical Habitat units and their surviving populations is (2) Actions that would significantly essential to the conservation of these 11 alter water chemistry or temperature to Section 7(a)(4) of the Act requires mussel species. An action occurring a degree that appreciably reduces the Federal agencies to confer with us on only within one unit may appreciably value of the critical habitat for both the any action that is likely to result in the reduce the value of the critical habitat long-term survival and recovery of the destruction or adverse modification of for the recovery of the species and species. Such activities could include, proposed critical habitat. The therefore trigger an adverse modification but are not limited to, release of regulations for interagency cooperation determination. chemicals, biological pollutants, or regarding proposed critical habitat are When we issue a biological opinion heated effluents into the surface water codified at 50 CFR 402.10. During a that concludes that a specific action is or connected groundwater at a point conference on the effects of a Federal likely to result in the destruction or source or by dispersed release (non- action on proposed critical habitat, we adverse modification of critical habitat, point). make non-binding recommendations on we must provide reasonable and (3) Actions that would significantly ways to minimize or avoid adverse prudent alternatives to the action, if any increase sediment deposition within the effects of the action. We document these are identifiable. Reasonable and prudent stream channel to a degree that recommendations and any conclusions alternatives are actions identified during appreciably reduces the value of the reached in a conference report provided consultation that can be implemented in critical habitat for both the longterm to the Federal agency and to any a manner consistent with the intended survival and recovery of the species. applicant involved. purpose of the originally proposed Such activities could include, but are If requested by the Federal agency and action, are consistent with the scope of not limited to, excessive sedimentation deemed appropriate by us, the the action agency’s authority and from livestock grazing, road conference may be conducted in jurisdiction, are economically and construction, timber harvest, off-road accordance with the procedures for technologically feasible, and would vehicle use, and other watershed and formal consultation under 50 CFR likely avoid the destruction or adverse floodplain disturbances. 402.14. We may adopt an opinion modification of critical habitat (50 CFR (4) Actions that would significantly issued at the conclusion of the 402.02). increase the filamentous algal conference as our biological opinion community within the stream channel when the critical habitat is designated Reinitiation of Prior Consultations to a degree that appreciably reduces the by final rule, but only if new A Federal agency may request a value of the critical habitat for both the information or changes to the proposed conference with us for any previously longterm survival and recovery of the Federal action would not significantly reviewed action that is likely to destroy species. Such activities could include, alter the content of the opinion. or adversely modify proposed critical but are not limited to, release of

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nutrients into the surface water or these 11 mussels. Section 3(18) of the Mississippi—Jackson, FWS Ecological connected groundwater at a point Act defines the term take as ‘‘to harass, Services Office (601/965–4900) source or by dispersed release (non- harm, pursue, hunt, shoot, wound, kill, Tennessee-Cookeville, FWS Ecological point). trap, capture or collect, or to attempt to Services Office (931/528–6481) (5) Actions that would significantly engage in any such conduct.’’ Harm is Exclusions Under Section 4(b)(2) alter channel morphology or geometry further defined in our regulations (50 to a degree that appreciably reduces the CFR 17.3) to include significant habitat Section 4(b)(2) of the Act requires that value of the critical habitat for both the modification or degradation that results we designate critical habitat on the basis longterm survival and recovery of the in death or injury to listed species by of the best scientific and commercial species. Such activities could include, significantly impairing essential information available, and that we but are not limited to, channelization, behavioral patterns, including breeding, consider the economic and other impoundment, road and bridge feeding, or sheltering. relevant impacts of designating a construction, mining, destruction of Conservation recommendations and particular area as critical habitat. We riparian vegetation. reasonable and prudent measures may exclude areas from critical habitat (6) Actions that would introduce, provided in previous biological if the benefits of exclusion outweigh the spread, or augment nonnative aquatic opinions for these mussels have benefits of designation, provided the species into critical habitat to a degree included maintaining State water exclusion will not result in the that appreciably reduces the value of the quality standards, maintaining adequate extinction of the species. We will critical habitat for both the longterm stream flow rates, minimizing work in conduct an analysis of the economic survival and recovery of the species. the wetted channel, restricting riparian impacts of designating these areas as Such activities could include, but are clearing, monitoring channel critical habitat prior to a final not limited to, stocking for sport, morphology and mussel populations, determination. That economic analysis biological control, or other purposes; installing signage, protecting buffer will be conducted in a manner that is aquaculture; and construction and zones, avoiding pollution, using consistent with the ruling of the 10th operation of canals. cooperative planning efforts, Circuit Court of Appeals in N.M. Cattle Previous Section 7 Consultations minimizing ground disturbance, using Growers Ass’n v. USFWS. When the draft economic analysis is completed, Federal actions that we have reviewed sediment barriers, relocating recreational trails, using best we will announce its availability with a since these 11 mussel species received notice in the Federal Register. With protection under the Act include management practices to minimize erosion, and funding research useful for publication of the notice of availability, Federal land management plans, Federal a comment period will be opened for a land acquisition and disposal, road and mussel conservation. In reviewing past formal consultations, we find that only minimum of 30 days to allow for public bridge maintenance and construction, comments on the draft economic water diversion, timber harvest on one may need to be reinitiated as a result of this proposed designation. analysis and proposed rule Federal land, channelization, flood concurrently. control, channel maintenance, water On October 3, 1994, we presented a quality standards, dam construction and Biological Opinion to the COE and Public Comments Solicited Tennessee Valley Authority (TVA) operation, and issuance of permits We intend for any final action under section 404 of the Clean Water concluding that the proposed construction and operation of the Tom resulting from this proposal to be as Act. Federal agencies involved with accurate and as effective as possible. these activities included the Army Bevill Reservoir on the North River, Fayette County, Alabama, would not Therefore, we solicit comments or Corps of Engineers (COE), U.S. Forest suggestions from the public, other Service, Natural Resources Conservation jeopardize the continued existence of the dark pigtoe and orange-nacre concerned governmental agencies, the Service, Environmental Protection scientific community, industry, or any Agency, and Federal Highway mucket (U.S. Fish and Wildlife Service 1994). The dam site lies within other interested party concerning this Administration. Since the original proposed rule. We are particularly listing of these 11 mussel species, seven proposed critical habitat Unit 11. This dam has not been constructed. If the interested in comments concerning: formal consultations have been (1) The reasons why any area should applicants determine to proceed with, conducted. None of these resulted in a or should not be determined to be construction plans, this dam may finding that the proposed action would critical habitat as provided by section 4 adversely modify critical habitat in the jeopardize the continued existence of of the Act and 50 CFR 424.12(a)(1), North River (Unit 11), and consultation any of the 11 species. including whether the benefits of should be reinitiated. In each of the biological opinions designation will outweigh any threats to The designation of critical habitat will resulting from these consultations, we the species due to designation; included discretionary conservation have no impact on private landowner (2) Specific information on the recommendations to the action agency. activities that do not require Federal amount and distribution of habitat for Conservation recommendations are funding or permits. Designation of these 11 mussel species, population activities that would avoid or minimize critical habitat is only applicable to numbers, and what habitat is essential the adverse effects of a proposed action activities approved, funded, or carried to their conservation and why; on a listed species or its critical habitat, out by Federal agencies. (3) Whether areas within proposed help implement recovery plans, or If you have questions regarding critical habitat are currently being develop information useful to the whether specific activities would managed to address conservation needs species’ conservation. constitute adverse modification of of these mussel species; Previous biological opinions also critical habitat, you may contact the (4) Current or planned activities in the included nondiscretionary reasonable following Service offices: subject areas and their possible impacts and prudent measures, with Alabama—Daphne, FWS Ecological on proposed critical habitats; implementing terms and conditions, Services Office (251/441–5181) (5) Any foreseeable economic or other which are designed to minimize the Georgia-Athens, FWS Ecological impacts resulting from the proposed proposed action’s incidental take of Services Office (706/613–9493) designation of critical habitat, in

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particular, any impacts on small publication in the Federal Register. We Service is preparing a draft economic entities; will invite these peer reviewers to analysis of this proposed action, and (6) Economic and other values comment, during the public comment will use this analysis to meet the associated with designating critical period, on the specific assumptions and requirement of section 4(b)(2) of the Act habitat for these mussels, such as those conclusions regarding the proposed to determine the economic derived from nonconsumptive uses (e.g., designation of critical habitat. consequences of designating the specific hiking, camping, wildlife-watching, We will consider all comments and areas as critical habitat and excluding enhanced watershed protection, information received during the any area from critical habitat if it is improved air quality, increased soil comment period during preparation of a determined that the benefits of such retention, ‘‘existence values,’’ and final rulemaking. Accordingly, the final exclusion outweigh the benefits of reductions in administrative costs). decision may differ from this proposal. specifying such areas as part of the If you wish to comment on this critical habitat, unless failure to proposed rule, you may submit your Public Hearings designate such area as critical habitat comments and materials concerning this The Act provides for one or more will lead to the extinction of any of proposal by any one of several methods public hearings on this proposal, if these 11 mussel species. This analysis (see ADDRESSES section). Electronic requested. Requests must be filed within will be made available for public comments (e-mail) should avoid the use 45 days of the date of this proposal. comment before finalizing this of special characters and encryption. Such requests must be made in writing designation. Please also include ‘‘Attn: [RIN 1018– and should be addressed to the Field AI73]’’ and your name and return Regulatory Flexibility Act (5 U.S.C. 601 Supervisor, Mississippi Fish and et seq.) address in your e-mail message. If you Wildlife Office (see ADDRESSES section). do not receive a confirmation from the Written comments submitted during the Under the Regulatory Flexibility Act system that we have received your e- comment period receive equal (5 U.S.C. 601 et seq., as amended by the mail message, contact us directly by consideration with those comments Small Business Regulatory Enforcement calling our Mississippi Fish and presented at a public hearing. We will Fairness Act (SBREFA) of 1996), Wildlife Office (see ADDRESSES section). schedule public hearings on this whenever an agency is required to Our practice is to make comments, proposal, if any are requested, and publish a notice of rulemaking for any including names and home addresses of announce the dates, times, and places of proposed or final rule, it must prepare respondents, available for public review those hearings in the Federal Register and make available for public comment during regular business hours. and local newspapers at least 15 days a regulatory flexibility analysis that Respondents may request that we prior to the first hearing. describes the effects of the rule on small withhold their home addresses from the entities (i.e., small businesses, small rulemaking record, which we will honor Clarity of the Rule organizations, and small government to the extent allowable by law. There Executive Order 12866 requires each jurisdictions). However, no regulatory also may be circumstances in which we agency to write regulations/notices that flexibility analysis is required if the would withhold a respondent’s identity, are easy to understand. We invite your head of the agency certifies the rule will as allowable by law. If you wish us to comments on how to make proposed not have a significant economic impact withhold your name and/or address, rules easier to understand, including on a substantial number of small you must state this prominently at the answers to questions such as the entities. SBREFA amended the beginning of your comment. However, following: (1) Are the requirements in Regulatory Flexibility Act (RFA) to we will not consider anonymous the proposed rule clearly stated? (2) require Federal agencies to provide a comments. To the extent consistent with Does the proposed rule contain statement of the factual basis for applicable law, we will make all technical language or jargon that certifying that the rule will not have a submissions from organizations or interferes with the clarity? (3) Does the significant economic impact on a businesses, and from individuals format of the proposed rule (e.g., substantial number of small entities. identifying themselves as grouping and order of sections, use of SBREFA also amended the RFA to representatives or officials of headings, paragraphing) aid or reduce require a certification statement. We are organizations or businesses, available its clarity? (4) Is the description of the hereby certifying that this proposed rule will not have a significant effect on a for public inspection in their entirety. proposed rule in the SUPPLEMENTARY substantial number of small entities. Comments and materials received will INFORMATION section of the preamble According to the Small Business be available for public inspection, by helpful in understanding the proposed Administration, small entities include appointment, during normal business rule? What else could we do to make the hours at the Service’s Fish and Wildlife small organizations, such as proposed rule easier to understand? independent nonprofit organizations, in Jackson, Mississippi (see ADDRESSES Send a copy of any comments that section). and small governmental jurisdictions, concern how we could make this including school boards and city and Peer Review proposed rule easier to understand to: town governments that serve fewer than In accordance with our joint policy Office of Regulatory Affairs, Department 50,000 residents, as well as small published in the Federal Register on of the Interior, Room 7229, 1849 C businesses (13 CFR 121.201). Small July 1, 1994 (59 FR 34270), we will seek Street, NW, Washington, D.C. 20240. businesses include manufacturing and the expert opinions of at least three You may e-mail your comments to this mining concerns with fewer than 500 appropriate and independent specialists address: [email protected]. employees, wholesale trade entities regarding this proposed rule. The Required Determinations with fewer than 100 employees, retail purpose of such review is to ensure that and service businesses with less than $5 our critical habitat designation is based Regulatory Planning and Review million in annual sales, general and on scientifically sound data, In accordance with Executive Order heavy construction businesses with less assumptions, and analyses. We will 12866, this document is a significant than $27.5 million in annual business, send these peer reviewers copies of this rule and was reviewed by the Office of special trade contractors doing less than proposed rule immediately following Management and Budget (OMB). The $11.5 million in annual business, and

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agricultural businesses with annual below Jordan Dam (lower Coosa River, Pollution Discharge Elimination System sales less than $750,000. Unit 26) where the mussel species are permit applications to State water SBREFA does not explicitly define not present, we also believe designation quality agencies by developers, either ‘‘substantial number’’ or of critical habitat will result in only municipalities, mines, businesses, and ‘‘significant economic impact.’’ minimal additional regulatory burden others. Informal consultations on Consequently, to assess whether a on Federal agencies or their applicants Federal activities also included ‘‘substantial number’’ of small entities is because consultations have been campground improvements, burning affected by this designation, this required, since 1991, due to the programs, and southern pine beetle analysis considers the relative number presence of the listed Tulotoma snail control by the Forest Service. Informal of small entities likely to be impacted in (56 FR 797, January 9, 1991). consultations regarding the mussels the area. Similarly, this analysis Since the 11 mussels were listed usually resulted in recommendations to considers the relative cost of (March 17, 1993, 58 FR 14330), we have employ Best Management Practices for compliance on the revenues/profit conducted 7 formal consultations sediment control, relied on current State margins of small entities in determining involving 1 or more of these 11 species. water quality standards for protection of whether or not entities incur a Four of the formal consultations water quality, and resulted in little to no ‘‘significant economic impact.’’ Only involved Federal projects, including a modification of the proposed activities. small entities that are expected to be flood control project by the COE, a horse In reviewing these past informal directly affected by the designation are trail system on the Talladega National consultations and the activities involved considered in this portion of the Forest, programmatic activities by the in light of proposed critical habitat, we analysis. This approach is consistent Forest Service, and administration of do not believe the outcomes would have with several judicial opinions related to the Clean Water Act in Alabama by the been different in areas designated as the scope of the RFA (Mid-Tex Electric Environmental Protection Agency critical habitat. Co-Op, Inc. v. F.E.R.C. and America (EPA). Another formal consultation In summary, we have considered Trucking Associations, Inc. v. EPA.). involved a COE permit to construct whether this proposed designation To determine if the rule would affect water withdrawal and discharge would result in a significant economic a substantial number of small entities, facilities for a gas powered electrical impact on a substantial number of small we considered the number of small generating facility. These 5 entities and find that it would not. entities affected within particular types consultations resulted in non-jeopardy Informal consultations on of economic activities (e.g., housing opinions, and had no economic effects development, grazing, oil and gas on small entities. The other 2 approximately 300 activities in the production, timber harvesting, etc.). We consultations involved COE permits to Basin by businesses and governmental applied the ‘‘substantial number’’ test small entities to construct dams; one on jurisdictions that might affect these individually to each industry to a stream that was occupied habitat of species and their habitats resulted in determine if certification is appropriate. the fine-lined pocketbook, and the other little to no economic effect on small In estimating the numbers of small on a river that was occupied by the entities. In the decade since the 11 entities potentially affected, we also orange-nacre mucket and dark pigtoe. mussels were listed, there have been considered whether their activities have Biological Opinions prepared by us for only 2 formal consultations regarding any Federal involvement; some kinds of these consultations concluded the actions by small entities, both of which activities are unlikely to have any actions were ‘‘not likely to jeopardize’’ culminated in findings which allowed Federal involvement and so will not be the species, and identified reasonable the projects to go forward. Our review affected by critical habitat designation. and prudent measures to reduce take of indicates that even if the outcomes of Designation of critical habitat only the species affected by the projects. In these 2 formal consultations had been affects activities conducted, funded, or reviewing these 2 consultations in light quite different, in light of critical habitat permitted by Federal agencies; non- of proposed critical habitat, we designation, less than 1 percent of small Federal activities are not affected by the recognize that with critical habitat entities affected by a designation would designation. Federal agencies are present, our analysis would also include have experienced a significant economic already required to consult with the a determination of whether the action impact. This does not meet the Services under section 7 of the Act on would destroy or adversely modify the definition of ‘‘substantial.’’ In addition, activities that they fund, permit, or critical habitat. One of these dams has there is no indication that the types of implement that may affect the federally not been constructed, and reinitiation of activities we review under section 7 of listed mussels discussed herein. consultation may be necessary if the Act will change significantly in the If this critical habitat designation is construction plans proceed, after this future. There would be no additional finalized, Federal agencies must also designation is finalized (see ‘‘Previous section 7 consultations resulting from consult with us if their activities may Section 7 Consultations’’ above). this rule as 25 of the proposed critical affect designated critical habitat. We also reviewed approximately 300 habitat units are currently occupied by However, in areas where the mussel informal consultations that have been 1 or more listed mussels, and the lower species are present, we believe this will conducted since these 11 species were Coosa River (Unit 26) is currently result in only minimal additional listed involving private businesses and occupied by the endangered tulotoma regulatory burden on Federal agencies industries, counties, cities, towns, or snail (Tulotoma magnifica), so the or their applicants because consultation municipalities. At least 200 of these consultation requirement has already would already be required due to the were with entities that likely met the been triggered. Future consultations are presence of the listed mussel species. definition of small entities. These not likely to affect a substantial number Consultations to avoid the destruction informal consultations concerned of small entities. This rule would result or adverse modification of critical activities such as excavation or fill, in major project modifications only habitat would be incorporated into the docking facilities, bridges, transmission when proposed activities with a Federal existing consultation process and trigger lines, pipe lines, quarries, mines, nexus would destroy or adversely only minimal additional regulatory housing developments, road and utility modify critical habitat. While this may impacts beyond the duty to avoid development, etc., authorized by COE, occur, it is not expected to occur jeopardizing the species. In the area FERC, or EPA, or review of National frequently enough to affect a substantial

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number of small entities. Therefore, we Takings does meet the requirements of sections are certifying that the proposed In accordance with Executive Order 3(a) and 3(b)(2) of the Order. We are designation of critical habitat for these 12630 (‘‘Government Actions and proposing to designate critical habitat in 11 mussels will not have a significant Interference with Constitutionally accordance with the provisions of the economic impact on a substantial Protected Private Property Rights’’), this Endangered Species Act. The rule uses number of small entities, and an initial rule does not have significant takings standard property descriptions and regulatory flexibility analysis is not implications. A takings implication identifies the primary constituent required. This determination will be assessment is not required. As discussed elements within the designated areas to revisited after the close of the comment above, the designation of critical habitat assist the public in understanding the period and revised, if necessary, in the affects only Federal agency actions. habitat needs of these 11 mussels. final rule. Since the proposed critical habitat Paperwork Reduction Act of 1995 (44 This discussion is based upon the includes only aquatic areas that are U.S.C. 3501 et seq.) information regarding potential generally held in public trust, we This proposed rule does not contain economic impact that is available to us believe that little or no private property new or revised information collection at this time. This assessment of is included in the proposed designation. for which Office of Management and economic effect may be modified prior Based on current public knowledge of the species protection and the Budget approval is required under the to final rulemaking based upon Paperwork Reduction Act. Information development and review of the draft prohibition against take of the species both within and outside of the collections associated with certain economic analysis prepared pursuant to permits pursuant to the Endangered section 4(b)(2) of the ESA and E.O. designated areas, we do not anticipate that property values will be affected by Species Act are covered by an existing 12866. This analysis is for the purposes OMB approval, and are assigned of compliance with the Regulatory the critical habitat designation. Additionally, critical habitat clearance No. 1018–0094, with an Flexibility Act and does not reflect our expiration date of July 31, 2004. position on the type of economic designation does not preclude development of habitat conservation Detailed information for Act analysis required by New Mexico Cattle documentation appears at 50 CFR part Growers Assn. v. U.S. Fish and Wildlife plans and issuance of incidental take permits. 17. The Service may not conduct or Service 248 F.3d 1277 (10th Cir. 2001). sponsor, and a person is not required to Federalism Small Business Regulatory Enforcement respond to, a collection of information Fairness Act (5 U.S.C. 802(2)) In accordance with Executive Order unless it displays a currently valid OMB 13132, the rule does not have significant control number. In the draft economic analysis, we Federalism effects. A Federalism National Environmental Policy Act will determine whether designation of assessment is not required. In keeping (NEPA) critical habitat will cause (a) any effect with Department of the Interior and on the economy of $100 million or Department of Commerce policy, the We have determined that we do not more, (b) any increases in costs or prices Service requested information from, and need to prepare an Environmental for consumers, individual industries, coordinated development of this critical Assessment or an Environmental Impact Federal, State, or local government habitat proposal with, appropriate State Statement as defined by the National agencies, or geographic regions, or (c) resource agencies in Mississippi, Environmental Policy Act of 1969 any significant adverse effects on Alabama, Tennessee, and Georgia, as (NEPA) in connection with regulations competition, employment, investment, well as during the listing process. The adopted pursuant to section 4(a) of the productivity, innovation, or the ability impact of the proposed designation on Act. We published a notice outlining of U.S.-based enterprises to compete State and local governments and their our reasons for this determination in the with foreign-based enterprises. activities is not believed to be Federal Register on October 25, 1983 significant, but this will be more fully (48 FR 49244). Executive Order 13211 examined in the economic analysis of Government-to-Government On May 18, 2001, the President issued the proposal, on which we will seek Relationship With Tribes Executive Order 13211 on regulations public comment. The designation may have some benefit to these governments In accordance with the President’s that significantly affect energy supply, memorandum of April 29, 1994, distribution, and use. Executive Order in that the areas essential to the conservation of the species are more ‘‘Government-to-Government Relations 13211 requires agencies to prepare clearly defined, and the primary with Native American Tribal Statements of Energy Effects when constituent elements of the habitat Governments’’ (59 FR 22951), Executive undertaking certain actions. Although necessary to the survival of the species Order 13175, and the Department of the this rule is a significant regulatory are specifically identified. While Interior’s manual at 512 DM 2, we action under Executive Order 12866, it making this definition and readily acknowledge our responsibility is not expected to significantly affect identification does not alter where and to communicate meaningfully with energy supplies, distribution, or use. what federally sponsored activities may recognized Federal Tribes on a Therefore, this action is not a significant occur, it may assist these local government-to-government basis. We energy action and no Statement of governments in long-range planning, have determined that there are no Tribal Energy Effects is required. rather than waiting for case-by-case lands essential for the conservation of Unfunded Mandates Reform Act section 7 consultations to occur. the 11 mussels. Therefore, designation of critical habitat for the 11 mussels has In accordance with the Unfunded Civil Justice Reform not been proposed on Tribal lands. Mandates Reform Act (2 U.S.C. 1501 et In accordance with Executive Order References Cited seq.) the Service will use the economic 12988, the Office of the Solicitor has analysis to further evaluate this determined that the rule does not A complete list of all references cited situation. unduly burden the judicial system and in this proposed rule is available upon

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request from the Mississippi Fish and Proposed Regulation Promulgation 2. In section 17.11(h), revise each of Wildlife Office (see ADDRESSES section). For the reasons outlined in the the entries here listed, in alphabetical Author preamble, we propose to amend part 17, order under ‘‘CLAMS’’, to the List of subchapter B of chapter I, title 50 of the Endangered and Threatened Wildlife to The primary author of this notice is Code of Federal Regulations, as follows: read as follows: Paul Hartfield (see ADDRESSES section), 601/321–1125. PART 17—[AMENDED] § 17.11 Endangered and threatened wildlife. List of Subjects in 50 CFR Part 17 1. The authority citation for part 17 * * * * * Endangered and threatened species, continues to read as follows: (h) * * * Exports, Imports, Reporting and Authority: 16 U.S.C. 1361–1407; 16 U.S.C. recordkeeping requirements, 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Transportation. 625, 100 Stat. 3500; unless otherwise noted.

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

******* CLAMS

******* Acornshell, southern ... Epioblasma U.S.A. (AL,GA,TN) ..... NA E 495 17.95 (f) NA othcaloogensis.

******* Clubshell, ovate ...... Pleurobema U.S.A. (AL,TN,GA,MS) NA E 495 17.95 (f) NA perovatum.

******* Clubshell, southern ..... Pleurobema decisum U.S.A. (AL,TN,GA,MS) NA E 495 17.95 (f) NA

******* Combshell, upland ...... Epioblasma U.S.A. (AL,GA,TN) ..... NA E 495 17.95 (f) NA metastriata.

******* Kidneyshell, triangular Ptychobranchus U.S.A. (AL,GA,TN) ..... NA E 495 17.95 (f) NA greenii.

******* Moccasinshell, Ala- Medionidus U.S.A. (AL,GA,MS) .... NA T 495 17.95 (f) NA bama. acutissimus.

******* Moccasinshell Coosa, Medionidus parvulus .. U.S.A. (AL,GA,TN) ..... NA E 495 17.95 (f) NA

******* Mucket, orange-nacre Lampsilis perovalis ..... U.S.A. (AL,MS) ...... NA T 495 17.95 (f) NA

******* Pigtoe, dark ...... Pleurobema furvum .... U.S.A. (AL) ...... NA E 495 17.95 (f) NA

******* Pigtoe, southern ...... Pleurobema U.S.A. (AL,GA,TN) ..... NA E 495 17.95 (f) NA georgianum. ******* Pocketbook, fine-lined Lampsilis altilis ...... U.S.A. (AL,GA) ...... NA T 495 17.95 (f) NA

*******

3. In § 17.95, at the end of paragraph (Epioblasma othcaloogensis), ovate (Medionidus parvulus), orange-nacre (f), add an entry for 11 Mobile River clubshell (Pleurobema perovatum), mucket (Lampsilis perovalis), dark Basin mussel species to read as follows: southern clubshell (Pleurobema pigtoe (Pleurobema furvum), southern decisum), upland combshell pigtoe (Pleurobema georgianum), and § 17.95 Critical habitat-fish and wildlife. (Epioblasma metastriata), triangular fine-lined pocketbook (Lampsilis altilis) * * * * * kidneyshell (Ptychobranchus greeni), (f) Clams and snails. *** (1) The primary constituent elements Eleven Mobile River Basin mussel Alabama moccasinshell (Medionidus essential for the conservation of the species: southern acornshell acutissimus), Coosa moccasinshell southern acornshell (Epioblasma

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othcaloogensis), ovate clubshell components. The primary constituent amounts of fine sediment, low amounts (Pleurobema perovatum), southern elements include: of attached filamentous algae, and other clubshell (Pleurobema decisum), upland (i) Geomorphically stable stream and physical and chemical characteristics combshell (Epioblasma metastriata); river channels and banks; necessary for normal behavior, growth, triangular kidneyshell (Ptychobranchus (ii) A flow regime (i.e., the magnitude, and viability of all life stages; greeni), Alabama moccasinshell frequency, duration, and seasonality of (v) Fish hosts, with adequate living, (Medionidus acutissimus), Coosa discharge over time) necessary for foraging, and spawning areas for them; moccasinshell (Medionidus parvulus), normal behavior, growth, and survival and orange-nacre mucket (Lampsilis of all life stages of mussels and their fish (vi) Few or no competitive nonnative perovalis), dark pigtoe (Pleurobema hosts in the river environment; species present. furvum), southern pigtoe (Pleurobema (iii) Water quality, including (2) Critical habitat unit descriptions georgianum), and fine-lined pocketbook temperature, pH, hardness, turbidity, and maps. (i) Index map. The index map (Lampsilis altilis) are those habitat oxygen content, and other chemical showing critical habitat units in the components that support feeding, characteristics, necessary for normal States of Mississippi, Alabama, Georgia, sheltering, reproduction, and physical behavior, growth, and viability of all life stages; and Tennessee for the 11 Mobile River features for maintaining the natural Basin mussel species follows: processes that support these habitat (iv) Sand, gravel, and/or cobble substrates with low to moderate BILLING CODE 4310–55–P

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(ii) Table of protected species and critical habitat units, and the States descriptions and maps appear below the critical habitat units. A table listing the which contain those habitat units table. protected species, their respective follows. Detailed critical habitat unit

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TABLE OF ELEVEN MOBILE RIVER BASIN MUSSEL SPECIES, THEIR CRITICAL HABITAT UNITS, AND STATES CONTAINING THOSE CRITICAL HABITAT UNITS

Species Critical habitat units States

Southern acornshell (Epioblasma othcaloogensis) ...... Units 13, 18, 19, 21, 24, 25, 26 ...... AL, GA, TN. Ovate clubshell (Pleurobema perovatum) ...... Units 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 17, 18, 19, 21, 24, 25, AL, 26. GA, MS, TN. Southern clubshell (Pleurobema decisum) ...... Units 1, 2, 3, 4, 5, 6, 7, 8, 9, 13, 14, 15, 17, 18, 19, 21, 24, 25, 26 AL, GA, MS, TN. Upland combshell (Epioblasma metastriata) ...... Units 12, 13, 18, 19, 21, 24, 25, 26 ...... AL, GA, TN. Triangular kidneyshell (Ptychobranchus greeni) ...... Units 10, 11, 12, 13, 18, 19, 20, 21, 22, 23, 24, 25, 26 ...... AL, GA, TN. Alabama moccasinshell (Medionidus acutissimus) ...... Units 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 25, 26 ...... AL, GA, MS, TN. Coosa moccasinshell (Medionidus parvulus) ...... Units 18, 19, 20, 21, 22, 23, 24, 25, 26 ...... AL, GA, TN. Orangenacre mucket (Lampsilis perovalis) ...... Units 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 ...... AL, MS Dark pigtoe (Pleurobema furvum) ...... Units 10, 11, 12 ...... AL Southern pigtoe (Pleurobema georgianum) ...... Units 18, 19, 20, 21, 22, 23, 24, 25, 26 ...... AL, GA, TN. Fine-lined pocketbook (Lampsilis altilis) ...... Units 13, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 ...... AL, GA, TN.

(iii) Unit 1. East Fork Tombigbee clubshell, Alabama moccasinshell, and S3), Monroe County, upstream to the River, Monroe, Itawamba County, orangenacre mucket. confluence of Mill Creek (T11S R8E Mississippi. This is a critical habitat (A) Unit 1 includes the East Fork S24), Itawamba County, Mississippi. unit for the ovate clubshell, southern Tombigbee River main stem from (B) Map of Unit 1 follows: Mississippi Highway 278 (T13S R7E BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C (iv) Unit 2. Bull Mountain Creek, critical habitat unit for the ovate Itawamba County, Mississippi. This is a

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clubshell, southern clubshell, Alabama Highway 25 (T11S R9E S30), upstream (B) Map of Unit 2 follows: moccasinshell, and orangenacre mucket. to U.S. Highway 78 (T10S R10E S6), BILLING CODE 4310–55–P (A) Unit 2 includes the main stem of Itawamba County, Mississippi. Bull Mountain Creek from Mississippi

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BILLING CODE 4310–55–C (v) Unit 3. Buttahatchee River and Mississippi; Lamar County, Alabama. Sipsey Creek, Lowndes/Monroe County, This is a critical habitat unit for the

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ovate clubshell, southern clubshell, S23), Lowndes/Monroe County, upstream to the Mississippi/Alabama Alabama moccasinshell, and Mississippi, upstream to the confluence State Line (T12S R10E S21), Monroe orangenacre mucket. of Beaver Creek (T13S R15W S17), County, Mississippi. (A) Unit 3 includes the Buttahatchee Lamar County, Alabama; and Sipsey (B) Map of Unit 3 follows: River main stem from its confluence Creek, from its confluence with the BILLING CODE 4310–55–P with the Tombigbee River (T16S R19W Buttahatchee River (T14S R17W S2),

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BILLING CODE 4310–55–C (vi) Unit 4. Luxapalila Creek and Mississippi; Lamar County, Alabama. Yellow Creek, Lowndes County, This is a critical habitat unit for the

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ovate clubshell, southern clubshell, Mississippi, upstream to approximately Lowndes County, Mississippi, upstream Alabama moccasinshell, and 1.0 km (0.6 mi) above Steens Road to the confluence of Cut Bank Creek orangenacre mucket. (T17S R17W S27), Lowndes County, (T16S R16W S30), Lamar County, (A) Unit 4 includes the Luxapalila Mississippi; and the Yellow Creek main Alabama. Creek main stem from Waterworks Road stem from its confluence with (B) Map of Unit 4 follows: (T18S R18W S11), Columbus, Luxapalila Creek (T17S R17W S21), BILLIING CODE 4310–55–P

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BILLIING CODE 4310–55–C (vii) Unit 5. Coalfire Creek, Pickens habitat unit for the ovate clubshell, County, Alabama. This is a critical

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southern clubshell, Alabama Aliceville Lake (Tombigbee River, T20S (B) Map of Unit 5 follows: moccasinshell, and orangenacre mucket. R17W S26), upstream to U.S. Highway BILLIING CODE 4310–55–P (A) Unit 5 includes the Coalfire Creek 82 (T19S R15W S15), Pickens County, main stem from its confluence with Alabama.

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BILLIING CODE 4310–55–C (viii) Unit 6. Lubbub Creek, Pickens habitat unit for the ovate clubshell, County, Alabama. This is a critical

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southern clubshell, Alabama Gainesville Lake (Tombigbee River, (B) Map of Unit 6 follows: moccasinshell, and orangenacre mucket. T24N R2W S11), upstream to the BILLING CODE 4310–55–P (A) Unit 6 includes the main stem of confluence of Little Lubbub Creek (T21S Lubbub Creek from its confluence with R1W S34), Pickens County, Alabama.

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BILLING CODE 4310–55–C (ix) Unit 7. Sipsey River, Greene/ This is a critical habitat unit for the Pickens, Tuscaloosa Counties, Alabama. ovate clubshell, southern clubshell,

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Alabama moccasinshell, and Gainesville Lake (Tombigbee River, 171 crossing (T18S R12W S34), orangenacre mucket. T24N R1W S30), Greene/Pickens Tuscaloosa County, Alabama. (A) Unit 7 includes the Sipsey River County, upstream to Alabama Highway (B) Map of Unit 7 follows: main stem from its confluence with BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C (x) Unit 8. Trussels Creek, Greene habitat unit for the ovate clubshell, County, Alabama. This is a critical

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southern clubshell, Alabama Tombigbee River (T21N R2W S15), (B) Map of Unit 8 follows: moccasinshell, and orangenacre mucket. upstream to Alabama Highway 14 BILLING CODE 4310–55–P (A) Unit 8 includes the Trussels Creek (T22N R1E S4), Greene County, main stem from its confluence with the Alabama.

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BILLING CODE 4310–55–C (xi) Unit 9. Sucarnoochee River, critical habitat unit for the ovate Sumter County, Alabama. This is a

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clubshell, southern clubshell, Alabama with the Tombigbee River (T17N R1W (B) Map of Unit 9 follows: moccasinshell, and orangenacre mucket. S26), upstream to the Mississippi/ BILLING CODE 4310–55–P (A) Unit 9 includes the Sucarnoochee Alabama State Line (T19N R4W S15), River main stem from its confluence Sumter County, Alabama.

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BILLING CODE 4310–55–C (xii) Unit 10. Sipsey Fork and Counties, Alabama. This is a critical tributaries, Winston, Lawrence habitat unit for the ovate clubshell,

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triangular kidneyshell, Alabama from confluence with Brushy Creek Winston County; Caney Creek and moccasinshell, orangenacre mucket, and (T9S R7W S23), Winston County, North Fork Caney Creek, from dark pigtoe. upstream to the confluence of Turkey confluence with Sipsey Fork (T9S R8W (A) Unit 10 includes the Sipsey Fork Creek (T8S R6W S33), Lawrence S28), upstream to section 14 line (T9S main stem from the section 11/12 line County; Rush Creek, from confluence R9W), Winston County; Borden Creek, (T10S R8W), Winston County, Alabama, with Brushy Creek (T9S R7W S15), from confluence with Sipsey Fork (T8S upstream to the confluence of Hubbard upstream to Winston/Lawrence County R8W S5), Winston County, upstream to Creek (T8S R9W S27), Lawrence Line (T9S R7W S1), Winston County; the confluence of Montgomery Creek County, Alabama; Thompson Creek, Brown Creek, from confluence with (T8S R8W S10), Lawrence County; and from its confluence with Hubbard Creek Rush Creek (T9S R7W S2), Winston Flannagin Creek, from confluence with (T8S R9W S27), upstream to section 2 Borden Creek (T8S R8W S28), upstream line (T8S R9W) Lawrence County; County, upstream to section 24 line Brushy Creek, from the confluence of (T8S R7W), Lawrence County; Beech to confluence of Dry Creek (T8S R8W Glover Creek (T10S R7W S11), Winston Creek, from confluence with Brushy S4), Lawrence County. County, upstream to section 9 (T8S Creek (T9S R7W S8), to confluence of (B) Maps of Unit 10 follows: R7W), Lawrence County; Capsey Creek, East and West Forks (T9S R7W S6), BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C (xiii) Unit 11. North River and Clear Alabama. This is a critical habitat unit Creek, Tuscaloosa, Fayette Counties, for the ovate clubshell, triangular

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kidneyshell, Alabama moccasinshell, County, upstream to confluence of Ellis R11W S13) to Bays Lake Dam (T16S orangenacre mucket, and dark pigtoe. Creek (T16S R10W S6), Fayette County, R11W S2), Fayette County, Alabama. (A) Unit 11 includes the main stem of Alabama; and Clear Creek from its (B) Map of Unit 11 follows: the North River from Tuscaloosa County confluence with North River (T16S Road 38 (T18S R10W S16), Tuscaloosa BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C (xiv) Unit 12. Locust Fork and Little Counties, Alabama. This is a critical Warrior Rivers, Jefferson, Blount habitat unit for the ovate clubshell,

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upland combshell, triangular to the confluence of Little Warrior River confluence of Calvert Prong and kidneyshell, Alabama moccasinshell, (T13S R1W S3), Blount County, Blackburn Fork (T13S R1W S12), Blount orangenacre mucket, and dark pigtoe. Alabama; and Little Warrior River from County, Alabama. (A) Unit 12 includes the Locust Fork its confluence with the Locust Fork (B) Map of Unit 12 follows: main stem from U.S. Highway 78 (T15S (T13S R1W S3), upstream to the R4W S30), Jefferson County, upstream BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C (xv) Unit 13. Cahaba River and Little Counties, Alabama. This is a critical Cahaba River, Jefferson, Shelby, Bibb habitat unit for the southern acornshell,

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ovate clubshell, southern clubshell, (A) Unit 13 includes the Cahaba River confluence with the Cahaba River (T24N upland combshell, triangular from U.S. Highway 82 (T23N R9E S26), R10E S21), upstream to the confluence kidneyshell, Alabama moccasinshell, Centerville, Bibb County, upstream to of Mahan and Shoal Creeks (T24N R11E orangenacre mucket, and fine-lined Jefferson County Road 143 (T18S R1E S14), Bibb County, Alabama. pocketbook. S33), Jefferson County, Alabama; and (B) Map of Unit 13 follows: the Little Cahaba River from its BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C (xvi) Unit 14. Alabama River, Alabama. This is a critical habitat unit Autauga, Lowndes, Dallas Counties,

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for the southern clubshell and River (T16N R10E S32), Dallas County, (B) Map of Unit 14 follows: orangenacre mucket. upstream to the confluence of Big BILLING CODE 4310–55–P (A) Unit 14 includes the Alabama Swamp Creek (T15N R12E S1), Lowndes River from the confluence of the Cahaba County, Alabama.

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BILLING CODE 4310–55–C (xvii) Unit 15. Bogue Chitto Creek, critical habitat unit for the southern Dallas County, Alabama. This is a

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clubshell, Alabama moccasinshell, and with the Alabama River (T14N R8E (B) Map of Unit 15 follows: orangenacre mucket. S24), Dallas County, upstream to U.S. BILLING CODE 4310–55–P (A) Unit 15 includes the Bogue Chitto Highway 80 (T17N R7E S24), Dallas Creek main stem from its confluence County, Alabama.

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BILLING CODE 4310–55–C (xviii) Unit 16. Tallapoosa River, Paulding, Haralson Counties, Georgia; Cleburne County, Alabama, and Cane Creek, Cleburne County, Alabama.

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This is a critical habitat unit for the fine- Alabama, upstream to the confluence of R10E S24), upstream to section 33/4 lined pocketbook. McClendon and Mud Creeks (33 °50′ Line (T15S, R11E), Cleburne County, (A) Unit 16 includes the main stem 43″N 85 °00′45″ W), Paulding County, Alabama. Tallapoosa River from U.S. Highway Georgia; and Cane Creek from its (B) Map of Unit 16 follows: 431 (T17S R10E S31), Cleburne County, confluence with Tallapoosa River (T16S BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C (xix) Unit 17. Uphapee, Choctafaula, Counties, Alabama. This is a critical and Chewacla Creeks, Macon, Lee habitat unit for the ovate clubshell,

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southern clubshell, and fine-lined from confluence with Uphapee Creek Alabama; Opintlocco Creek, from pocketbook. (T17N R24E S8), upstream to Macon confluence with Chewacla Creek (T17N (A) Unit 17 includes the mainstem of County Road 54 (T18N R 25E S31), R24E S26), upstream to Macon County Uphapee Creek from Alabama Highway Macon County, Alabama; Chewacla Road 79 (T16N R25E S25) Macon 199 (T17N R23E S3), upstream to the Creek, from confluence with Opintlocco County, Alabama. confluence of Opintlocco and Chewacla Creek (T17N R24E S26), Macon County, (B) Map of Unit 17 follows: Creeks (T17N R24E S26), Macon Alabama, upstream to Lee County Road County, Alabama; Choctafaula Creek, 159 (T18N R26E S18), Lee County, BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C (xx) Unit 18. Coosa River (Old River Calhoun, Cleburne Counties, Alabama. Channel) and Terrapin Creek, Cherokee, This is a critical habitat unit for the

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southern acornshell, ovate clubshell, (T10S R8E S35), upstream to Weiss Dam Fork Terrapin Creek, 7 km (4 mi), from southern clubshell, upland combshell, (T10S R8E S13), Cherokee County, its confluence with Terrapin Creek triangular kidneyshell, Coosa Alabama; Terrapin Creek, 53 km (33 mi) (T13S R11E S18), upstream to Cleburne moccasinshell, southern pigtoe, and extending from its confluence with the County Road 55 (T13S R11E S30), fine-lined pocketbook. Old Coosa River channel (T10S R9E Cleburne County, Alabama. (A) Unit 18 includes the Coosa River S28), Cherokee County, upstream to (B) Map of Unit 18 follows: main stem from the power line crossing Cleburne County Road 49 (T13S R11E southeast of Maple Grove, Alabama S15), Cleburne County, Alabama; South BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C (xxi) Unit 19. Hatchet Creek, Coosa, critical habitat unit for the southern Clay Counties, Alabama. This is a acornshell, ovate clubshell, southern

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clubshell, upland combshell, triangular (A) Unit 19 includes the main stem of 4 (T22S R6E S17) Clay County, kidneyshell, Coosa moccasinshell, Hatchet Creek from the confluence of Alabama. southern pigtoe, and fine-lined Swamp Creek at Coosa County Road 29 (B) Map of Unit 19 follows: (T22N R17E S26), Coosa County, pocketbook. BILLING CODE 4310–55–P Alabama, upstream to Clay County Road

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BILLING CODE 4310–55–C (xxii) Unit 20. Shoal Creek, Calhoun, critical habitat unit for the triangular Cleburne Counties, Alabama. This is a kidneyshell, Coosa moccasinshell,

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southern pigtoe, and fine-lined Whitesides Mill Lake (T15S R9E S12), (T14S R10E S26), Cleburne County, pocketbook. Calhoun County, Alabama, upstream to Alabama. (A) Unit 20 includes the main stem of the tailwater of Coleman Lake Dam (B) Map of Unit 20 follows: Shoal Creek from the headwater of BILLING CODE 4310–55–P

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BILLING CODE 4310✖C (xxiii) Unit 21. Kelly Creek and Shoal Alabama. This is a critical habitat unit Creek, Shelby, St. Clair Counties, for the southern acornshell, ovate

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clubshell, southern clubshell, upland confluence with the Coosa River (T19S County, Alabama, upstream to the St. combshell, triangular kidneyshell, R3E S5), upstream to the confluence of Clair/Shelby County Line (T17S R2E Coosa moccasinshell, southern pigtoe, Shoal Creek (T17S R2E S28), St. Clair S30), St. Clair County, Alabama. and fine-lined pocketbook. County, Alabama; and the main stem of (B) Map of Unit 21 follows: (A) Unit 21 includes the Kelly Creek Shoal Creek from the confluence with BILLING CODE 4310–55–P main stem extending from the Kelly Creek (T17S R2E S28), St. Clair

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BILLING CODE 4310–55–C (xxiv) Unit 22. Cheaha Creek, is a critical habitat unit for the Talladega, Clay Counties, Alabama. This triangular kidneyshell, Coosa

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moccasinshell, southern pigtoe, and Choccolocco Creek (T17S R6E S19), (B) Map of Unit 22 follows: fine-lined pocketbook. Talladega County, Alabama, upstream to BILLING CODE 4310–55–P (A) Unit 22 includes the main stem of the tailwater of Chinnabee Lake Dam Cheaha Creek from its confluence with (T18S R7E S14), Clay County, Alabama.

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BILLING CODE 4310–55–C (xxv) Unit 23. Yellowleaf Creek and This is a critical habitat unit for the Mud Creek, Shelby County, Alabama. triangular kidneyshell, Coosa

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moccasinshell, southern pigtoe, and to Shelby County Road 49 (T20S R1W upstream to U.S. Highway 280 (T19S fine-lined pocketbook. S13); and the Muddy Prong main stem R1E S28), Shelby County, Alabama. (A) Unit 23 includes the Yellowleaf extending from its confluence with (B) Map of Unit 23 follows: Creek main stem from Alabama Yellowleaf Creek (T20S R1E S1), Highway 25 (T20S R2E S29), upstream BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C (xxvi) Unit 24. Big Canoe Creek, St. habitat unit for the southern acornshell, Clair County, Alabama. This is a critical ovate clubshell, southern clubshell,

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upland combshell, triangular (A) Unit 24 includes the main stem of confluence of Fall Branch (T14S R1E kidneyshell, Coosa moccasinshell, Big Canoe Creek from its confluence S28) St. Clair County, Alabama. southern pigtoe, and fine-lined with Little Canoe Creek at the St. Clair/ (B) Map of Unit 24 follows: Etowah County line (T13S R5E S17), St. pocketbook. BILLING CODE 4310–55–P Clair County, upstream to the

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BILLING CODE 4310–55–C (xxvii) Unit 25. Oostanaula, Holly Creek, Floyd, Gordon, Whitfield, Coosawattee, and Conasauga Rivers, and Murray Counties, Georgia; Bradley, Polk

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Counties, Tennessee. This is a critical Conasauga and Coosawattee River, Bradley and Polk Counties, Tennessee, habitat unit for the southern acornshell, Gordon County, Georgia (34°32′32″N, to Murray County Road 2 (34°58′27″N, ovate clubshell, southern clubshell, 84°54′12″W); the Coosawattee River 84°38′43″W), Murray County, Georgia; upland combshell, triangular main stem from its confluence with the and the main stem of Holly Creek from kidneyshell, Alabama moccasinshell, Conasauga River (34°32′32″N, its confluence with the Conasauga River ° ′ ″ Coosa moccasinshell, southern pigtoe, 84 54 12 W), upstream to Georgia State (34°42′12″N, 84°53′29″W), upstream to and fine-lined pocketbook. Highway 136, Gordon County, Georgia its confluence with Rock Creek, Murray ° ′ ″ ° ′ ″ (A) Unit 25 includes the Oostanaula (34 36 49 N, 84 46 43 W); the County, Georgia (34°46′59″N, River main stem from its confluence Conasauga River main stem from 84°45′25″W). with the Etowah River, Floyd County, confluence with the Coosawattee River Georgia (34°15′13″N, 85°10′35″W), (34°32′32″N, 84°54′13″W), Gordon (B) Map of Unit 25 follows: upstream to the confluence of the County, Georgia, upstream through BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C (xxviii) Unit 26. Lower Coosa River, critical habitat unit for the southern Elmore County, Alabama. This is a acornshell, ovate clubshell, southern

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clubshell, upland combshell, triangular (A) Unit 26 includes the Coosa River upstream to Jordan Dam (T19N R18E kidneyshell, Alabama moccasinshell, main stem from Alabama State Highway S22), Elmore County, Alabama. Coosa moccasinshell, southern pigtoe, 111 bridge (T18N R18/19E S24/19), (B) Map of Unit 26 follows: and fine-lined pocketbook. BILLING CODE 4310–55–P

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* * * * * Dated: March 17, 2003. Craig Manson, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 03–6903 Filed 3–25–03; 8:45 am] BILLING CODE 4310–55–C

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