This document is scheduled to be published in the Federal Register on 10/04/2012 and available online at http://federalregister.gov/a/2012-24019, and on FDsys.gov DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R4-ES-2012-0004] [4500030113] 1018-AY06 Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Fluted Kidneyshell and Slabside Pearlymussel and Designation of Critical Habitat AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to list the fluted kidneyshell (Ptychobranchus subtentum) and slabside pearlymussel (Pleuronaia dolabelloides) as endangered species under the Endangered Species Act of 1973, as amended (Act), and we propose to designate critical habitat for both species. These two 1 species are endemic to portions of the Cumberland and Tennessee River systems of Alabama, Kentucky, Mississippi, Tennessee, and Virginia. In total, approximately 2,218 river kilometers (1,380 river miles) are being proposed for designation as critical habitat. The proposed critical habitat for fluted kidneyshell is located in Limestone County, Alabama; Jackson, Laurel, McCreary, Pulaski, Rockcastle, and Wayne Counties, Kentucky; Bedford, Claiborne, Cocke, Fentress, Franklin, Giles, Grainger, Greene, Hamblen, Hancock, Hickman, Humphreys, Jefferson, Knox, Lincoln, Marshall, Maury, Moore, Morgan, Overton, Perry, Pickett, Polk, Scott, and Sevier Counties, Tennessee; and Bland, Lee, Russell, Scott, Smyth, Tazewell, Washington, and Wythe Counties, Virginia. The proposed critical habitat for slabside pearlymussel is located in Colbert, Jackson, Limestone, Madison, and Marshall Counties, Alabama; Tishomingo County, Mississippi; Bedford, Bledsoe, Claiborne, Cocke, Franklin, Giles, Greene, Hamblen, Hancock, Hickman, Humphreys, Lincoln, Marion, Marshall, Maury, Moore, Perry, Polk, and Sequatchie Counties, Tennessee; and Bland, Lee, Russell, Scott, Smyth, Tazewell, Washington, and Wythe Counties, Virginia. DATES: We will accept comments received or postmarked on or before [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. We must receive requests for public hearings, in writing, at the address shown in the FOR FURTHER INFORMATION CONTACT section by [INSERT DATE 45 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. 2 ADDRESSES: Document availability: This proposed rule is available on the Internet at http://www.regulations.gov and http://www.fws.gov/cookeville/. Written comments: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search field, enter Docket No. FWS–R4–ES–2012– 0004, which is the docket number for this rulemaking. Then, click the Search button. You may submit a comment by clicking on “Comment Now!” (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS–R4–ES–2012–0004; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042–PDM; Arlington, VA 22203. We request that you send comments only by the methods described above. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Information Requested section below for more information). The coordinates or plot points or both from which the maps are generated are included in the administrative record for this critical habitat designation and are available at http://www.fws.gov/cookeville, http://www.regulations.gov at Docket No. [FWS–R4– ES–2012-0004], and at the Tennessee Ecological Services Field Office) (see FOR FURTHER INFORMATION CONTACT). Any additional tools or supporting information that we may develop for this critical habitat designation will also be available 3 at the above locations. FOR FURTHER INFORMATION CONTACT: Mary Jennings, Field Supervisor, U.S. Fish and Wildlife Service, Tennessee Ecological Services Field Office, 446 Neal Street, Cookeville, TN 38501; telephone 931–528–6481; facsimile 931–528–7075. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: This document consists of: (1) A proposed rule to list the fluted kidneyshell (Ptychobranchus subtentum) and slabside pearlymussel (Pleuronaia dolabelloides) as endangered species; and (2) proposed critical habitat designations for these two species. Executive Summary Why we need to publish a rule. Under the Act, a species or subspecies may warrant protection through listing if it is an endangered or threatened species throughout all or a significant portion of its range. Both species have been eliminated from more than 50 percent of the streams from which they were historically known, and are now limited to a handful of viable populations, all of which are facing a variety of threats, including impoundments, mining, poor water quality, excessive sedimentation, and environmental contaminants. 4 The basis for our action. Under the Act, a species may be determined to be endangered or threatened based on any of five factors: (A) Destruction, modification, or curtailment of its habitat or range; (B) overutilization; (C) disease or predation; (D) inadequate existing regulatory mechanisms; or (E) other natural or manmade factors. These two mussel species are facing threats due to three of these five factors (A, D, and E). The Act also requires that the Service designate critical habitat at the time of listing provided that it is prudent and determinable. We have determined that designating critical habitat is both prudent and determinable (see Critical Habitat for the Fluted Kidneyshell and Slabside Pearlymussel section below), and propose a total of approximately 2,218 river kilometers (rkm) (1,380 river miles (rmi)) of critical habitat in five States. Twenty-four units covering approximately 1,899 river kilometers (rkm) (1,181 river miles (rmi)) of critical habitat are being proposed for the fluted kidneyshell in Alabama, Kentucky, Tennessee, and Virginia. Thirteen units covering approximately 1,562 rkm (970 rmi) of critical habitat are being proposed for the slabside pearlymussel in Alabama, Mississippi, Tennessee, and Virginia. We will seek peer review. In addition to seeking public comments, we will solicit peer review of this proposal from at least three experts knowledgeable in mussel biology and basic conservation biology principles and concepts. Because we will consider all comments and information received during the comment period, our final determinations may differ from this proposal 5 Information Requested We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from other concerned governmental agencies, the scientific community, industry, or any other interested parties concerning this proposed rule. We particularly seek comments concerning: (1) Biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to these species and regulations that may be addressing those threats. (2) Additional information concerning the historical and current status, range, distribution, and population size of either of these species, including the locations of any additional populations. (3) Any information on the biological or ecological requirements of these species, and ongoing conservation measures for the species and their habitat. (4) Any information regarding water quality data that may be helpful in determining the water quality parameters necessary for the fluted kidneyshell and the slabside pearlymussel. 6 (5) Current or planned activities in the areas occupied by these species and possible impacts of these activities on these species. (6) The factors that are the basis for making a listing determination for a species under section 4(a) of the Act (16 U.S.C. 1531 et seq.), which are: (a) The present or threatened destruction, modification, or curtailment of its habitat or range; (b) Overutilization for commercial, recreational, scientific, or educational purposes; (c) Disease or predation; (d) The inadequacy of existing regulatory mechanisms; or (e) Other natural or manmade factors affecting its continued existence. (7) The reasons why we should or should not designate habitat as “critical habitat” under section 4 of the Act including whether there are threats to these species from human activity, the degree of which can be expected to increase due to the designation, and whether that increase in threat outweighs the benefit of designation such that the designation of critical habitat may not be prudent. (8) Specific information on: (a) The amount and distribution of habitat for the fluted kidneyshell and slabside pearlymussel; (b) What areas, that were occupied at the time of the proposed listing and that 7 contain features essential to the conservation of these species, should be included in the designation and why; (c) Special management considerations or protection that may be needed in critical habitat areas we are proposing, including managing for the potential effects of climate change; and (d) What areas not occupied at the time of the proposed listing are essential for the conservation of these species and why. (9) Land use designations and current or planned