Tuesday, July 2, 2002 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Carolina Heelsplitter; Final Rule VerDate jun<06>2002 19:27 Jul 01, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02JYR2.SGM pfrm15 PsN: 02JYR2 44502 Federal Register / Vol. 67, No. 127 / Tuesday, July 2, 2002 / Rules and Regulations DEPARTMENT OF THE INTERIOR Background Pee Dee River system in Union County, Lea (1852) originally described the NC; and an area in South Carolina Fish and Wildlife Service Carolina heelsplitter, a native freshwater referred to only as the ‘‘Abbeville mussel, as Unio decoratus. Johnson District,’’ a terminology no longer 50 CFR Part 17 (1970) synonymized this species with employed (Clarke 1985, Keferl and Lasmigona subviridis (Conrad 1835). Shelly 1988, Keferl 1991). The records RIN 1018–AH31 Clarke (1985) recognized the Carolina from the Abbeville District, SC, heelsplitter as a distinct species, previously were believed to have been Endangered and Threatened Wildlife Lasymigona decorata, and synonymized from the Saluda River system (Clarke and Plants; Designation of Critical Unio charlottensis (Lea 1863) and Unio 1985, Keferl and Shelly 1988, Keferl Habitat for the Carolina Heelsplitter insolidus (Lea 1872) with Lasmigona 1991, Service 1993). However, biologists decorata. A genetic comparison of a discovered a population of the Carolina AGENCY: Fish and Wildlife Service, heelsplitter in the spring of 1995 in the Interior. specimen of L. decorata with specimens of L. subviridis (Tim King, U.S. Savannah River system (Stevens Creek ACTION: Final rule. Geological Survey, Leetown, West watershed) (Alderman 1995, 1998a, and Virginia, pers. comm. 2001) supports 1998b; J. Fridell personal observation SUMMARY: We, the Fish and Wildlife 1995, 1998, 2000, 2001). Therefore, the Service (Service), designate critical Clarke’s (1985) position on the taxonomy (scientific classification) of historic records from the Abbeville habitat for the Carolina heelsplitter District may have been from either the (Lasmigona decorata), a freshwater this species. The Carolina heelsplitter has an ovate, Saluda River system or the Savannah mussel, pursuant to the Endangered River system or both. An additional Species Act of 1973, as amended (Act). trapezoid-shaped, unsculptured (smooth with no distinct bumps or protrusions) historic record of the Carolina The areas designated as critical habitat heelsplitter from the main stem of the for the Carolina heelsplitter total shell. The shell of the largest known specimen measures 11.5 centimeters Pee Dee River in Richmond County, NC, approximately 148.4 kilometers (92.2 was discovered recently (Art Bogan, miles) of streams, including portions of (cm) (4.5 inches (in)) in length, 3.9 cm (1.5 in) in width, and 6.8 cm (2.7 in) in North Carolina Museum of Science and three creeks in North Carolina and one Natural History, pers. comm. 2001); river and six creeks in South Carolina. height. The shell’s outer surface varies from greenish brown to dark brown in however, surveys by biologists with the Critical habitat identifies specific color, and shells from younger North Carolina Wildlife Resources areas that are essential to the specimens have faint greenish brown or Commission (NCWRC) and North conservation of a listed species and that black rays. The nacre (inside surface) is Carolina Department of Transportation may require special management often pearly white to bluish white, (NCDOT) have failed to find any considerations or protection. grading to orange in the area of the evidence of a surviving population of Section 7(a)(2) of the Act requires that umbo (bulge or beak that protrudes near the species at the site of this record or each Federal agency shall, in the hinge of a mussel). However, in elsewhere in the main stem of the Pee consultation with the Service, insure older specimens the entire nacre may be Dee River (John Alderman, NCWRC, that any action authorized, funded or a mottled pale orange. The hinge teeth personal communication 2001; Tim carried out by such agency is not likely (pseudocardinal teeth and lateral teeth) Savidge, NCDOT, personal to jeopardize the continued existence of of the species are well developed but communication 2001). an endangered or threatened species or thin and rather delicate. The left valve Recent collection records (Keferl and result in the destruction or adverse (half of a mussel shell) has two blade- Shelly 1988; Keferl 1991; Alderman modification of critical habitat. Section like pseudocardinal teeth and two 1995, 1998a, and 1998b; North Carolina 4 of the Act requires us to consider lateral teeth, and the right valve has one Wildlife Resources Commission 1999 economic and other relevant impacts of of each. The left valve may also have an and 2000) indicate that the Carolina specifying any particular area as critical interdental projection, a slight heelsplitter has been eliminated from habitat. projection located between the lateral the majority of its historical range, and We solicited data and comments from and pseudocardinal teeth (adapted from only six populations are presently the public on all aspects of this Keferl 1991). Clarke (1985) provides a known to exist. In Union County, NC, proposal, including data on economic detailed description of the shell, with one small remnant population occurs in and other impacts of the designation. illustrations. Waxhaw Creek, a tributary to the DATES: This rule is effective August 1, Catawba River, and another small 2002. Distribution, Habitat, and Life History population occurs in both Goose Creek, The Carolina heelsplitter currently a tributary in the Rocky River, and Duck ADDRESSES: Comments and materials has a very fragmented, relict Creek, a tributary to Goose Creek, in the received, as well as supporting distribution but historically was known Pee Dee River system. In South documentation used in preparation of from several locations within the Carolina, there are four small surviving this final rule, are available for public Catawba and Pee Dee River systems in populations—one each in the Pee Dee inspection, by appointment, during North Carolina and the Pee Dee and and Catawba River systems and two in normal business hours at the Asheville Savannah River systems, and possibly the Savannah River system. The Field Office, U.S. Fish and Wildlife the Saluda River system, in South population in the Pee Dee River system Service, 160 Zillicoa Street, Asheville, Carolina. Historically, the species was occurs in a relatively short reach of the NC 28801. collected from the Catawba River, Lynches River in Chesterfield, FOR FURTHER INFORMATION CONTACT: John Mecklenburg County, NC; several Lancaster, and Kershaw Counties and Fridell, Fish and Wildlife Biologist (see streams and ‘‘ponds’’ in the Catawba extends into Flat Creek, a tributary to ADDRESSES section), (telephone 828/ River system around the Charlotte area the Lynches River in Lancaster County. 258–3939, extension 225; facsimile 828/ of Mecklenburg County, NC; one small In the Catawba River system, the species 258–5330). stream in the Pee Dee River system in survives only in a short reach of Gills SUPPLEMENTARY INFORMATION: Cabarrus County, NC; one ‘‘pond’’ in the Creek in Lancaster County. In the VerDate May<23>2002 19:11 Jul 01, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM pfrm17 PsN: 02JYR2 Federal Register / Vol. 67, No. 127 / Tuesday, July 2, 2002 / Rules and Regulations 44503 Savannah River system, one population history are unknown, but likely are populations—in Gill Creek and is found in Turkey Creek in Edgefield similar to that of other native freshwater Cuffytown Creek—have been found and McCormick Counties, and two of its mussels. For the reproductive cycle of since then, the concerns expressed in tributaries, Mountain Creek and mussels in general, males release sperm the recovery plan regarding the Beaverdam Creek in Edgefield County; into the water column; the sperm are vulnerability of the Carolina heelsplitter another smaller population survives in then taken in by the females through are still valid. The recovery plan states: Cuffytown Creek, in Greenwood and their siphons during feeding and ‘‘The low number of individuals and the McCormick Counties. Despite extensive respiration. The females retain the restricted range of each of the surviving surveys in recent years, no evidence of fertilized eggs in their gills until the populations make them extremely a population has been found in the larvae (glochidia) fully develop. The vulnerable to extirpation from a single Saluda River system (Keferl and Shelly mussel glochidia are released into the catastrophic event or activity, such as a 1988; Keferl 1991; Alderman 1998a). water, and within a few days they must toxic chemical spill or major channel Historically, the Carolina heelsplitter attach to the appropriate species of host alteration. Also, the existing and was reported from small to large, fish, which are then parasitized for a potential future land-uses of the moderate-gradient streams and rivers as short time while the glochidia develop surrounding area threaten the habitat well as ponds. The ‘‘ponds’’ referred to into juvenile mussels. They then detach and water quality of all four populations in historic records are believed to have from their ‘‘fish host’’ and sink to the with increased discharge or runoff of been mill ponds on some of