[Federal Register Volume 71, Number 113 (Tuesday, June 13, 2006)]
[Proposed Rules]
[Pages 34196-34230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5233]
[[Page 34195]]
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Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Establishment of
Nonessential Experimental Population Status for 15 Freshwater Mussels,
1 Freshwater Snail, and 5 Fishes in the Lower French Broad River and in
the Lower Holston River, Tennessee; Proposed Rule
Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 /
Proposed Rules
[[Page 34196]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AU01
Endangered and Threatened Wildlife and Plants; Establishment of
Nonessential Experimental Population Status for 15 Freshwater Mussels,
1 Freshwater Snail, and 5 Fishes in the Lower French Broad River and in
the Lower Holston River, Tennessee
AGENCY: Fish and Wildlife, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), in
cooperation with the State of Tennessee and Conservation Fisheries,
Inc., a nonprofit organization, propose to reintroduce 15 mussels
listed as endangered under section 4 of the Endangered Species Act of
1973, as amended (Act): Appalachian monkeyface (pearlymussel) (Quadrula
sparsa), birdwing pearlymussel (Conradilla caelata = Lemiox rimosus),
cracking pearlymussel (Hemistena or currently =Lastena lata),
Cumberland bean (pearlymussel) (Villosa trabalis), Cumberlandian
combshell (Epioblasma brevidens), Cumberland monkeyface (pearlymussel)
(Quadrula intermedia), dromedary pearlymussel (Dromus dromas), fanshell
(Cyprogenia stegaria), fine-rayed pigtoe (Fusconaia cuneolus),
orangefoot pimpleback (pearlymussel) (Plethobasus cooperianus), oyster
mussel (Epioblasma capsaeformis), ring pink (mussel) (Obovaria retusa),
rough pigtoe (Pleurobema plenum), shiny pigtoe (Fusconaia cor), and
white wartyback (pearlymussel) (Plethobasus cicatricosus); 1 endangered
aquatic snail: Anthony's riversnail (Athearnia anthonyi); 2 endangered
fishes: duskytail darter (Etheostoma percnurum) and pygmy madtom
(Noturus stanauli); and 3 fishes listed as threatened under section 4
of the Act: slender chub (Erimystax cahni), spotfin chub (=turquoise
shiner) (Erimonax monachus), and yellowfin madtom (Noturus flavipinnis)
into their historical habitat in the free-flowing reach of the French
Broad River below Douglas Dam to its confluence with the Holston River,
Knox County, Tennessee, and in the free-flowing reach of the Holston
River below Cherokee Dam to its confluence with the French Broad River.
Based on the evaluation of species experts, none of these 21 species
currently exist in these river reaches or their tributaries. These
species are being reintroduced under the authority of section 10(j) of
the Act and would be classified as a nonessential experimental
population (NEP).
The geographic boundaries of the proposed NEP would extend from the
base of Douglas Dam (river mile (RM) 32.3 (51.7 kilometers (km)) down
the French Broad River, Knox and Sevier Counties, Tennessee, to its
confluence with the Holston River and then up the Holston River, Knox,
Grainger, and Jefferson Counties, Tennessee, to the base of Cherokee
Dam (RM 52.3 (83.7 km)) and would include the lower 5 RM (8 km) of all
tributaries that enter these river reaches.
These proposed reintroductions are recovery actions and are part of
a series of reintroductions and other recovery actions that the
Service, Federal and State agencies, and other partners are conducting
throughout the species' historical ranges. This proposed rule provides
a plan for establishing the NEP and provides for limited allowable
legal take of these 16 mollusks and 5 fishes within the defined NEP
area. We have decided to include all 21 species in a single rulemaking
to allow us to restore the aquatic ecosystem as quickly as possible as
we bring each of these species on line in the propagation facilities.
We have reasons to believe all of these species co-existed in the past,
and also want the public to understand that all of these species will
be reintroduced into the same stretch of river rather than being
confused by 21 separate NEPs.
DATES: We will consider comments on this proposed rule that are
received by August 14, 2006. Requests for a public hearing must be made
in writing and received by July 28, 2006.
ADDRESSES: You may submit comments and other information, identified by
Regulatory Information Number (RIN) 1018-AU01, by any of the following
methods:
Mail or Hand Delivery: Field Supervisor, U.S. Fish and
Wildlife Service, Tennessee Field Office, 446 Neal Street, Cookeville,
Tennessee, 38501.
Fax: 931-528-7075.
E-mail: [email protected]. Include ``Attn: French
Broad/Holston Rivers NEP'' in the subject line of the message.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Please see the ``Public Comments Solicited'' section below for
information about submitting comments.
The comments and materials we receive during the comment period
will be available for public inspection, by appointment, during normal
business hours at our Tennessee Field Office at the above address. If
you wish to request a public hearing, you may mail or hand deliver your
written request to the Tennessee Field Office at the above address.
FOR FURTHER INFORMATION CONTACT: Timothy Merritt, U.S. Fish and
Wildlife Service at the above address (telephone 931/528-6481,
facsimile 931/528-7075).
SUPPLEMENTARY INFORMATION:
Background
1. Legislative: Under section 10(j) of the Act, the Secretary of
the Department of the Interior may designate reintroduced populations
established outside the species' current range, but within its
historical range, as ``experimental.'' Based on the best scientific and
commercial data available, we must determine whether experimental
populations are ``essential'' or ``nonessential'' to the continued
existence of the species. Regulatory restrictions are considerably
reduced under a nonessential experimental population (NEP) designation.
Without the NEP designation, the Act provides that species listed
as endangered or threatened are afforded protection primarily through
the prohibitions of section 9, the consultation requirements of section
7 and the special regulations provisions of section 4(d). Section
9(a)(1)(B) of the Act prohibits the take of endangered wildlife.
``Take'' is defined by the Act as ``harass, harm, pursue, hunt, shoot,
wound, trap, capture, or collect, or attempt to engage in any such
conduct.'' Service regulations (50 CFR 17.31) generally extend the
prohibitions of take to threatened wildlife but these general
provisions may be altered as deemed by the Secretary to be necessary
and advisable for the conservation of threatened species. Section 7 of
the Act outlines the procedures for Federal interagency cooperation to
conserve federally listed species and protect designated critical
habitat. It mandates that all Federal agencies use their existing
authorities to further the purposes of the Act by carrying out programs
for the conservation of listed species. It also states that Federal
agencies must, in consultation with the Service, ensure that any action
they authorize, fund, or carry out is not likely to jeopardize the
continued existence of a listed species or result in the destruction or
adverse modification of designated critical habitat. Section 7 of the
Act does not affect activities undertaken on private land unless they
[[Page 34197]]
are authorized, funded, or carried out by a Federal agency.
A population designated as experimental is treated for the purposes
of section 9 of the Act as threatened, regardless of the species'
designation elsewhere in its range. Threatened designation allows us
greater discretion in devising management programs and special
regulations for such a population. Section 4(d) of the Act allows us to
adopt whatever regulations are necessary to provide for the
conservation of a threatened species. Although a special 4(d) rule can
contain the prohibitions and exceptions necessary and appropriate to
conserve that species, regulations issued under section 4(d) for NEPs
are usually less restrictive with regard to human activities in the
reintroduction area.
For the purposes of section 7 of the Act, we treat an NEP as a
threatened species when the NEP is located within a National Wildlife
Refuge or National Park, and section 7(a)(1) and the consultation
requirements of section 7(a)(2) of the Act apply. When NEPs are located
outside a National Wildlife Refuge or National Park, we treat the
population as proposed for listing and only the conference provisions
of section 7(a)(4) apply. Section 7(a)(4) requires Federal agencies to
confer (rather than consult) with the Service on actions that are
likely to jeopardize the continued existence of a species proposed to
be listed. The results of a conference are advisory in nature and do
not restrict agencies from authorizing, funding, or carrying out
activities.
2. Biological Information: The lower French Broad and Holston
Rivers historically supported a diverse fish, snail, and mussel fauna,
possibly as many as 85 mussel species and subspecies, or about 65
percent of the mussel diversity once known from the entire Tennessee
River system (Parmalee and Bogan, 1998; Steve Ahlstedt, U.S. Geological
Survey (USGS), personal communication (pers. comm.) 2004). Of this once
rich aquatic fauna, 7 mussel species are extinct, and 21 federally
listed species (i.e, the 15 mussels, 1 aquatic snail, and 5 fishes
listed above in the SUMMARY section) are extirpated from these river
reaches. The only federally listed mussel still occurring in the
proposed NEP area is the endangered pink mucket (Lampsilis abrupta),
which still occurs in both the lower French Broad and lower Holston
Rivers (Steve Ahlstedt, pers. comm. 2004). The pink mucket is not one
of the 15 mussel species we are proposing to reintroduce under this
NEP.
Although much of the mussel fauna and some of the snail and fish
fauna were eliminated from these river reaches, considerable suitable
physical habitat remains, and various Federal (primarily the Tennessee
Valley Authority (TVA)) and State natural resources agencies,
industries, and municipalities have worked together to improve the
water quality below the dams. Fish populations are rebounding
(including the appropriate fish host species for mussel glochidia) and
snail populations are expanding in both rivers, and non-federally
listed mussels and snails released into the lower French Broad River to
test the area's suitability for mollusk transplants are doing well.
Based on the results of recent studies and observations by
knowledgeable scientists (P. Rakes and J. Shute, Conservation
Fisheries, Inc. (CFI), pers. comm. 2004; Ed Scott and Charlie Saylor,
TVA, pers. comm. 2004; James Layzer and Steve Ahlstedt, USGS, pers.
comm. 2004), these river reaches now provide suitable habitat for
reintroductions to occur.
Since the mid-1980s, CFI, a nonprofit organization, with support
from us, the Tennessee Wildlife Resources Agency (TWRA), U.S. Forest
Service, National Park Service, TVA, and Tennessee Aquarium, has
successfully translocated, propagated, and reintroduced spotfin chubs,
duskytail darters, yellowfin madtoms, and smoky madtoms into Abrams
Creek, Great Smoky Mountains National Park, Blount County, Tennessee.
These fish historically occupied Abrams Creek prior to an ichthyocide
treatment in the 1950s. An NEP designation for Abrams Creek was not
needed since the entire watershed occurs on National Park Service land;
section 7 of the Act applies regardless of the NEP designation, and
existing human activities and public use are consistent with protection
and take restrictions needed for the reintroduced populations. Natural
reproduction by all four species in Abrams Creek has been documented,
but the spotfin chub appears to be the least successful in this
capacity (Rakes and Shute 2004a, 2004b). We have also worked with CFI
to translocate, propagate, and reintroduce these same four fish into an
NEP established for a section of the Tellico River, Monroe County,
Tennessee (67 FR 52420, August 12, 2002). Propagated fish of these four
species were released into the Tellico River starting in 2003 and
continuing in 2004. It is still too early to determine the success of
these releases, but it is believed that the habitat and water quality
is sufficient to ensure future success similar to the Abrams Creek
reintroductions. CFI has also successfully placed yellowfin madtoms in
an existing NEP on the North Fork Holston River, Washington County,
Virginia. This site is separated from the proposed NEP on the lower
Holston River by reservoirs, and the fish is not known from any of
these reservoirs or intervening river sections. These reservoirs and
river sections act as barriers to movement by the fish and assure that
the North Fork Holston River population will remain geographically
isolated and easily identifiable as a distinct population from the
proposed Lower Holston River population.
3. Listing Information, Distribution, and Recovery Goals/
Objectives: The Appalachian monkeyface (pearlymussel) (Quadrula sparsa)
(Lea 1841) was listed as an endangered species on June 14, 1976 (41 FR
24062). We finalized a recovery plan for the species in July 1984
(Service 1984a). It historically occurred in the Tennessee River and
three of its tributaries: the Clinch, Holston, and Powell Rivers
(Service 1984a). We are unaware of historical records of the species in
the French Broad River, but archeological records (Parmalee and Bogan
1998) of this species exist from the Little Pigeon River (a lower
French Broad River tributary). The species may still survive in
extremely low numbers in the Powell River in Tennessee and the Clinch
River in Virginia (Parmalee and Bogan 1998). No downlisting
(reclassification from endangered to threatened) criteria are provided
in the recovery plan. The delisting objectives for the Appalachian
monkeyface (Service 1984a) are to: (1) Restore the viability of the
Clinch and Powell River populations; (2) reestablish or discover viable
populations in one additional river; (3) ensure that the species is
protected from present and foreseeable threats to the continued
existence of any population; and (4) determine that there are
noticeable improvements in coal-related problems and substrate quality
in the Powell River and that no increase in coal-related sedimentation
has occurred in the Clinch River.
The birdwing pearlymussel (Conradilla caelata = Lemiox rimosus)
(Conrad 1834) was listed as an endangered species on June 14, 1976 (41
FR 24062). We finalized a recovery plan for the species in July 1984
(Service 1984b). We also established an NEP for the birdwing
pearlymussel and 15 other federally listed mussels for a section of the
Tennessee River below the Wilson Dam in Colbert and Lauderdale
Counties, Alabama, on June 14, 2001 (66
[[Page 34198]]
FR 32250). Historical records exist for the species in 11 rivers in the
Tennessee River system, and one record exists from an unknown location
in the Cumberland River. Historically, the species occurred in the
Tennessee River near the confluence of the French Broad and Holston
Rivers, in the Holston River just upstream of its confluence with the
French Broad River, and in the Nolichucky River (a French Broad River
tributary) (Parmalee and Bogan 1998). Archeological records (Parmalee
1988) of this species exist from the Little Pigeon River, a lower
French Broad River tributary. It now survives in the Clinch and Powell
Rivers in Tennessee and Virginia and in the Duck and Elk Rivers in
Tennessee (Service 1984b). No downlisting criteria are given in the
recovery plan. The delisting objectives for the birdwing pearlymussel
(Service 1984b) are to: (1) Restore the viability of the Clinch and
Powell River populations; (2) reestablish or discover viable
populations in two additional rivers; (3) ensure that the species is
protected from present and foreseeable threats to the continued
existence of any population; and (4) determine that noticeable
improvements in coal-related problems and substrate quality have
occurred in the Powell River and that no increase in coal-related
sedimentation has occurred in the Clinch River.
The cracking pearlymussel (Hemistena lata) (Rafinesque 1820) was
listed as an endangered species on September 28, 1989 (54 FR 39850). We
finalized a recovery plan for the species in July 1991 (Service 1991a).
We also established an NEP for the cracking pearlymussel and 15 other
federally listed mussels for a section of the Tennessee River below the
Wilson Dam in Colbert and Lauderdale Counties, Alabama, on June 14,
2001 (66 FR 32250). This species historically occurred in the Ohio,
Cumberland, and Tennessee River systems (Bogan and Parmalee 1983;
Service 1991a). It is extirpated throughout much of its range.
Historical records exist from the Tennessee River near the confluence
of the French Broad and Holston Rivers (Parmalee and Bogan 1998). No
historical records exist for the species in the French Broad system,
but archaeological records (Parmalee 1988) of this species exist from
the Little Pigeon River, a lower French Broad River tributary. It now
survives at a few shoals in the Clinch and Powell Rivers in Tennessee
and Virginia (Bogan and Parmalee 1983; Neves 1991). It possibly
survives in the Green River in Kentucky and in the Tennessee River,
below Pickwick Dam, in Tennessee (Service 1991a). The downlisting
objectives for the cracking pearlymussel (Service 1991a) are to: (1)
Reestablish/discover five viable populations; (2) ensure that one
naturally produced year class exists within each population; (3)
determine if recovery actions have been successful, as determined by an
increase in population density and/or an increase in length of river
inhabited; and (4) ensure there are no foreseeable threats to the
continued existence of any population. The delisting objectives call
for the reestablishment/discovery of eight viable populations and two
naturally produced year classes within each population.
The Cumberland bean (pearlymussel) (Villosa trabalis) (Conrad 1834)
was listed as an endangered species on June 14, 1976 (41 FR 24062). We
finalized a recovery plan for the species in August 1984 (Service
1984c). We also established an NEP for the Cumberland bean and 15 other
federally listed mussels for a section of the Tennessee River below the
Wilson Dam in Colbert and Lauderdale Counties, Alabama, on June 14,
2001 (66 FR 32250). This species historically occurred in 10 river
systems in the Cumberland and Tennessee River basins (Service 1984c).
No historical records exist in the French Broad River system, but
archaeological records (Parmalee 1988) of this species exist from the
Little Pigeon River, a lower French Broad River tributary. The
Cumberland bean now survives only in the Hiwassee River in Tennessee;
in Buck Creek, the Little South Fork of the Cumberland River, and the
Rockcastle River system in Kentucky; and in the Big South Fork of the
Cumberland River in Tennessee and Kentucky (Service 1984c). No
downlisting criteria are given in the recovery plan. The delisting
objectives for the Cumberland bean (Service 1984c) are to: (1) Restore
the viability of populations in Buck Creek, the Rockcastle River, and
the Little South Fork River in Kentucky; (2) reestablish or discover
viable populations in two additional rivers; (3) ensure that the
species is protected from present and foreseeable threats to the
continued existence of any population; and (4) determine that
noticeable improvements in coal-related problems and substrate quality
have occurred in the upper Cumberland and Tennessee drainages and that
no increase in coal-related sedimentation exists in streams containing
this species.
The Cumberlandian combshell (Epioblasma brevidens) (Lea 1831) was
listed as an endangered species on January 10, 1997 (62 FR 1647).
Critical habitat was designated for this species on August 31, 2004 (69
FR 53136). We finalized a recovery plan for the species in May 2004
(Service 2004). We also established an NEP for the Cumberlandian
combshell and 15 other federally listed mussels for a section of the
Tennessee River below the Wilson Dam in Colbert and Lauderdale
Counties, Alabama, on June 14, 2001 (66 FR 32250). This mussel was
historically distributed throughout much of the Cumberlandian Region of
the Tennessee and Cumberland River drainages in Alabama, Kentucky,
Tennessee, and Virginia (Gordon 1991). Currently, populations survive
in a few river reaches in both river systems (Gordon 1991). It
historically occurred in the lower Holston River and a French Broad
River tributary (Nolichucky River) (Parmalee and Bogan 1998).
Archaeological records (Parmalee 1988) of this species exist from the
Little Pigeon River, a lower French Broad River tributary. The
downlisting objectives for the Cumberlandian combshell (Service 2004)
call for the reestablishment/discovery of six viable populations and
one naturally reproducing year class within each viable population. The
delisting objectives are to: (1) Reestablish or discover viable
populations in nine distinct streams, including three in the Cumberland
River system, four in the upper Tennessee River system, and two in the
lower Tennessee River system; (2) ensure that the species is protected
from present and foreseeable threats to the continued existence of any
population; and (3) ensure two distinct naturally reproducing year
classes exist within each of the viable populations.
The Cumberland monkeyface (pearlymussel) (Quadrula intermedia)
(Conrad 1836) was listed as an endangered species on June 14, 1976 (41
FR 24062). We completed a recovery plan for the species in July 1984
(Service 1984d). We also established an NEP for the Cumberland
monkeyface and 15 other federally listed mussels for a section of the
Tennessee River below the Wilson Dam in Colbert and Lauderdale
Counties, Alabama, on June 14, 2001 (66 FR 32250). It historically
occurred in 11 rivers in the Tennessee River system (Service 1984d).
Based on collections from aboriginal shell middens, Parmalee and Bogan
(1998) stated that the species once occurred at the confluence of the
French Broad and Holston Rivers. The species now survives at a few
shoals in the Powell River in Tennessee and Virginia and the Elk and
Duck Rivers in Tennessee (Service 1984d). No downlisting criteria are
given in the recovery plan. The delisting objectives for the Cumberland
[[Page 34199]]
monkeyface (Service 1984d) are to: (1) Restore the viability of the
Powell and Elk River populations; (2) reestablish or discover viable
populations in two additional rivers; (3) ensure that the species is
protected from present and foreseeable threats to the continued
existence of any population; and (4) determine that noticeable
improvements in coal-related problems and substrate quality have
occurred in the Powell River and that no increase in coal-related
sedimentation occurs in the Clinch River.
The dromedary pearlymussel (Dromus dromas) (Lea 1845) was listed as
an endangered species on June 14, 1976 (41 FR 24062). We completed a
recovery plan for the species in July 1984 (Service 1984e). We also
established an NEP for the dromedary pearlymussel and 15 other
federally listed mussels for a section of the Tennessee River below the
Wilson Dam in Colbert and Lauderdale Counties, Alabama, on June 14,
2001 (66 FR 32250). It was historically widespread in the Cumberland
and Tennessee River systems (Bogan and Parmalee 1983). Parmalee and
Bogan (1998) reported that the species historically occurred in the
lower Holston River in Knox and Grainger Counties. Archaeological
records of this species exist from the Little Pigeon River, a lower
French Broad River tributary (Parmalee 1988). It survives at a few
shoals in the Powell and Clinch Rivers in Tennessee and Virginia and
possibly in the Cumberland River in Tennessee (Service 1984e; Neves
1991). No downlisting criteria are given in the recovery plan. The
delisting objectives for the dromedary pearlymussel (Service 1984e) are
to: (1) Restore the viability of the Clinch and Powell River
populations; (2) reestablish or discover viable populations in three
additional rivers; (3) ensure that the species is protected from
present and foreseeable threats to the continued existence of any
population; and (4) determine that noticeable improvements in coal-
related problems and substrate quality have occurred in the Powell
River and that no increase in coal-related sedimentation occurs in the
Clinch River.
The fanshell (Cyprogenia stegaria) (Rafinesque 1820) was listed as
an endangered species on June 21, 1990 (55 FR 25591). We completed a
recovery plan for the species in July 1991 (Service 1991b). It
historically occurred in the Ohio River and many of its large
tributaries in Pennsylvania, West Virginia, Ohio, Indiana, Illinois,
Kentucky, Alabama, Virginia, and Tennessee (Service 1991b). Ortmann
(1918) reported it from the lower Holston River, and Parmalee and Bogan
(1998) reported it from archaeological sites in the lower French Broad
River and its tributary, the Little Pigeon River. Presently, the
fanshell is believed to be reproducing in three rivers: The Green and
Licking Rivers in Kentucky and the Clinch River in Tennessee and
Virginia. Additionally, based on the collection of a few old specimens
in the 1980s, small, apparently nonreproducing, populations may still
persist in the Muskingum and Walhonding Rivers in Ohio, the Kanawha
River in West Virginia, the Wabash River system in Illinois and
Indiana, the Barren River and Tygarts Creek in Kentucky, and the
Tennessee and Cumberland Rivers in Tennessee (Service 1991b). The
downlisting objectives for the fanshell (Service 1991b) are to: (1)
Protect existing populations, reestablish historical populations, and/
or discover new populations so that at least nine distinct viable
populations exist; (2) ensure that one naturally reproduced year class
exists within each of the nine populations; and (3) ensure that studies
of the species' biological and ecological requirements are complete and
that any required recovery measures are beginning to succeed. The
delisting objectives are to: (1) Protect existing populations,
reestablish historical populations, and/or discover new populations so
that at least 12 distinct viable populations exist; (2) ensure that two
distinct naturally reproduced year classes exist within each viable
population; (3) ensure that studies of the species' biological and
ecological requirements are complete and that any required recovery
measures are successful; (4) ensure that no foreseeable threats exist
that would likely impact the species' survival over a significant
portion of its range; and (5) ensure that noticeable improvements in
water and substratum quality have occurred where habitat has been
degraded.
The fine-rayed pigtoe (Fusconaia cuneolus) (Lea 1840) was listed as
an endangered species on June 14, 1976 (41 FR 24062). We finalized a
recovery plan for the species in September 1984 (Service 1984f). We
also established an NEP for the fine-rayed pigtoe and 15 other
federally listed mussels for a section of the Tennessee River below the
Wilson Dam in Colbert and Lauderdale Counties, Alabama, on June 14,
2001 (66 FR 32250). It historically occurred in 15 Tennessee River
tributaries (including the lower Holston River) and is currently known
from 7 rivers (including the Nolichucky River, a French Broad River
tributary, above the backwaters of Douglas Reservoir) (Service 1984f;
Parmalee and Bogan 1998). No downlisting criteria are given in the
recovery plan. The delisting objectives for the fine-rayed pigtoe
(Service 1984f) are to: (1) Restore viable populations to the Clinch,
Powell, and North Fork Holston Rivers, to the Little River and Copper
Creek (Clinch River tributaries), and to the Elk River (Tennessee),
Sequatchie River (Tennessee), and the Paint Rock River (Alabama); (2)
reestablish or discover one viable population in an additional river;
(3) ensure that the species is protected from present and foreseeable
threats to the continued existence of any population, and (4) determine
that noticeable improvements in coal-related problems and substrate
quality have occurred in the Powell River and that no increase in coal
or other energy-related impacts occurs in the Clinch River.
The orangefoot pimpleback (pearlymussel) (Plethobasus cooperianus)
(Lea 1834) was listed as an endangered species on June 14, 1976 (41 FR
24062). We completed a recovery plan for the species in August 1984
(Service 1984g). It historically occurred in the Ohio, Cumberland, and
Tennessee River systems, including the lower French Broad and Holston
Rivers (Parmalee and Bogan 1998). The species persists in the lower
Ohio, Tennessee, and Cumberland Rivers (Service 1984g). In 2005, three
adults were taken from the Ohio River and moved to the Kentucky
Department of Fish and Wildlife Resources' propagation facility in
Frankfort, Kentucky (Leroy Koch, USFWS, pers. comm. 2005). No
downlisting criteria are given in this recovery plan. The delisting
objectives for the orangefoot pimpleback (Service 1984g) are to ensure
that: (1) One viable population exists in the Tennessee, Cumberland,
and Ohio Rivers and these populations are dispersed throughout each
river so that it would be unlikely for any one event to cause the total
loss of any population; (2) viable populations are reestablished or
discovered in two additional rivers; (3) three year classes, including
one year class 10 years old or older, have naturally produced in each
population; (4) no foreseeable threats exist that would interfere with
the survival of any population; and (5) noticeable improvements in
water and substratum quality have occurred where habitat has been
degraded.
The oyster mussel (Epioblasma capsaeformis) (Lea 1834) was listed
as an endangered species on January 10, 1997 (62 FR 1647). Critical
habitat was designated for this species on August 31, 2004 (69 FR
53136). We finalized a
[[Page 34200]]
recovery plan for the species in May 2004 (Service 2004). We also
established an NEP for the oyster mussel and 15 other federally listed
mussels for a section of the Tennessee River below the Wilson Dam in
Colbert and Lauderdale Counties, Alabama, on June 14, 2001 (66 FR
32250). This mussel historically occurred throughout much of the
Cumberlandian Region of the Tennessee and Cumberland River drainages
(Gordon 1991). Small populations now survive in a few river reaches in
both river systems (Gordon 1991). It was historically taken in the
lower French Broad River near its confluence with the Holston, and a
population still survives in the Nolichucky River, a French Broad River
tributary, above Douglas Reservoir (Parmalee and Bogan 1998).
Archaeological records (Parmalee 1988) of this species exist from the
Little Pigeon River, a lower French Broad River tributary. The
downlisting objectives for the oyster mussel (Service 2004) call for
the reestablishment/discovery of six viable populations and one
naturally reproducing year class within each viable population. The
delisting objectives are to: (1) Reestablish or discover viable
populations in nine distinct streams in the Cumberland River system,
upper Tennessee River system, and/or lower Tennessee River system; (2)
ensure that the species is protected from present and foreseeable
threats to the continued existence of any population; and (3) ensure
that two distinct naturally reproducing year classes exist within each
of the viable populations.
The ring pink (mussel) (Obovaria retusa) (Lamark 1819) was listed
as an endangered species on September 29, 1989 (54 FR 40109). We
completed a recovery plan for the species in March 1991 (Service
1991c). It historically occurred in the Ohio River and many of its
large tributaries in Pennsylvania, West Virginia, Ohio, Indiana,
Illinois, Kentucky, Alabama, and Tennessee (Service 1991c). Ortmann
(1918) and Parmalee and Bogan (1998) reported it from the lower Holston
River, and it has been taken from an archeological site on the lower
French Broad River (Steve Ahlstedt, USGS, pers. comm. 1998). It likely
still survives in very low numbers in the Green River in Kentucky, the
Tennessee River in Tennessee and Kentucky, and the Cumberland River in
Tennessee (Service 1991c; Parmalee and Bogan 1998). In 2004 and 2005,
three juveniles and one adult male were found in the Green River (Leroy
Koch, USFWS, pers. comm. 2005). The adult male was taken to the
Kentucky Department of Fish and Wildlife Resources' (KDFWR) propagation
facility in Frankfort, Kentucky. KDFWR plans to progagate this species
to augment existing populations and develop new ones, such as the lower
French Broad and lower Holston Rivers. The downlisting objectives for
the ring pink (Service 1991c) are to: (1) Protect existing populations,
reestablish historical populations, and/or discover new populations so
that at least six distinct populations exist; and (2) ensure that
studies of the species' biological and ecological requirements are
complete and that any required recovery measures developed and
implemented from these studies are beginning to succeed. The delisting
objectives are to: (1) Protect existing populations, reestablish
historical populations, and/or discover new populations so that at
least nine distinct populations exist; (2) ensure that studies of the
species' biological and ecological requirements are complete and that
any required recovery measures developed and implemented from these
studies are successful; (3) ensure that no foreseeable threats exist
which would likely impact the species' survival over a significant
portion of its range; and (4) ensure that noticeable improvements in
water and substratum quality have occurred where habitat has been
degraded.
The rough pigtoe (Pleurobema plenum) (Lea 1840) was listed as an
endangered species on June 14, 1976 (41 FR 24062). We completed a
recovery plan for the species in August 1984 (Service 1984h). This
widespread species was historically known from 22 rivers in the
Mississippi and Ohio River systems (Service 1984h), including the lower
French Broad and Holston Rivers (Parmalee and Bogan 1998).
Archaeological records (Parmalee 1988) of this species exist from the
Little Pigeon River (a lower French Broad River tributary). It is
currently known from the Green, Barren, Cumberland, Tennessee, and
Clinch Rivers (Parmalee and Bogan 1998; Service 1984h). No downlisting
criteria are given in this recovery plan. The delisting objectives for
the rough pigtoe (Service 1984h) are to: (1) Protect existing
populations, reestablish historical populations, and/or discover new
populations so that at least six distinct populations exist; (2) ensure
that these populations are dispersed throughout each river so it would
be unlikely for any one event to cause the total loss of any
population; (3) ensure that three year classes, including one year
class 10 years old or older, have naturally produced in each
population; (4) ensure that no foreseeable threats exist which would
interfere with the survival of any population; and (5) ensure that
noticeable improvements in water and substratum quality have occurred
where habitat has been degraded.
The shiny pigtoe (Fusconaia cor) (Conrad 1834) was listed as an
endangered species on June 14, 1976 (41 FR 24062). We completed a
recovery plan for the species in July 1984 (Service 1984i). We also
established an NEP for the shiny pigtoe and 15 other federally listed
mussels for a section of the Tennessee River below the Wilson Dam in
Colbert and Lauderdale Counties, Alabama, on June 14, 2001 (66 FR
32250). It historically occurred in the Tennessee River and 10 of its
tributaries. It is currently known from five river systems: the Clinch,
Powell, North Fork Holston, Elk, and Paint Rock (Service 1984i). It was
historically reported from the Tennessee River around the mouth of the
Holston and French Broad Rivers, and it still occurs in the North Fork
Holston River (a Holston River tributary) above Cherokee Reservoir
(Service 1984i; Parmalee and Bogan 1998). No downlisting criteria are
given in the recovery plan. The delisting objectives for the shiny
pigtoe (Service 1984i) are to: (1) Restore viable populations to the
Clinch, Elk, Powell, North Fork Holston, and Paint Rock Rivers and to
Copper Creek; (2) reestablish or discover one viable population in one
additional river or two river corridors; (3) ensure that the species is
protected from present and foreseeable threats to the continued
existence of any population; and (4) determine that noticeable
improvements in coal-related problems and substrate quality have
occurred in the Powell River and that no increase in coal or other
energy-related impacts occurs in the Clinch River.
The white wartyback (pearlymussel) (Plethobasus cicatricosus) (Say
1829) was listed as an endangered species on June 14, 1976 (41 FR
24062). We completed a recovery plan for the species in September 1984
(Service 1984j). It occurred in the Ohio, Cumberland, and Tennessee
River systems, including the lower Holston River (Parmalee and Bogan
1998). It still persists in the middle reaches of the Tennessee River
(Service 1984j). No downlisting criteria are given in this recovery
plan. The delisting objectives for the white wartyback (Service 1984j)
are to ensure that: (1) A viable population exists in the Tennessee
River; (2) viable populations are discovered or reestablished in two
additional rivers; (3) these populations
[[Page 34201]]
are dispersed so it is unlikely for any one event to cause the total
loss of the species from that river system; (4) three year classes,
including one year class 10 years old or older, have been produced in
each reestablished population; and (5) no foreseeable threats exist
that would interfere with the survival of any population.
Anthony's riversnail (Athearnia anthonyi) (Budd in Redfield 1854)
was listed as an endangered species on April 15, 1994 (59 FR 17994). We
completed a recovery plan for the species in August 1997 (Service
1997). We also established an NEP for Anthony's riversnail and 16 other
federally listed mussels for a section of the Tennessee River below the
Wilson Dam in Colbert and Lauderdale Counties, Alabama, on June 14,
2001 (66 FR 32250). This snail was historically found in the Tennessee
River and the lower reaches of some of its tributaries from Muscle
Shoals, Colbert and Lauderdale Counties, Alabama, upstream into the
lower French Broad River (Bogan and Parmalee 1983; Service 1997).
Currently, two populations are known: one in Limestone Creek in
Limestone County, Alabama, and one in the Tennessee River and the lower
portion of the Sequatchie River (a tributary to this reach of the
Tennessee River) in Tennessee and Alabama (Service 1997). The
downlisting objectives for Anthony's riversnail (Service 1997) are to
ensure that: (1) Four viable populations exist; (2) two naturally
produced year classes exist in all four populations; (3) biological
studies on the species are completed and recovery measures are
beginning to succeed; (4) noticeable improvements in water and
substratum quality have occurred where habitat is degraded; (5) each
population is protected from present and foreseeable threats; and (6)
all four populations remain stable or increase over a 10-year period.
The delisting objectives call for the establishment of six viable
populations in addition to criteria (2) through (5) above.
Additionally, all six populations should remain stable or increase over
a 15-year period.
The duskytail darter (Etheostoma percnurum) (Jenkins 1994) was
listed as an endangered species on April 27, 1993 (58 FR 25758). We
completed a recovery plan for the species in March 1994 (Service
1994a). We also established an NEP for the duskytail darter and three
other federally listed fishes for a section of the Tellico River in
Monroe County, Tennessee, on August 12, 2002 (67 FR 52420). Although
likely once more widespread in the upper Tennessee and middle
Cumberland River systems, duskytail darters were historically known
from six populations: Little River and Abrams Creek, Blount County,
Tennessee; Citico Creek, Monroe County, Tennessee; Big South Fork
Cumberland River, Scott County, Tennessee and McCreary County,
Kentucky; Copper Creek and the Clinch River (this is one population),
Scott County, Virginia; and the South Fork Holston River, Sullivan
County, Virginia (Service 1994a). The South Fork Holston River
population is apparently extirpated. The Little River, Copper Creek/
Clinch River, and Big South Fork Cumberland River populations are
extant but small and their viability is uncertain. The Citgo Creek
population is healthy and viable. CFI has reintroduced the species into
Abrams Creek in Tennessee, and there are indications that it is
becoming reestablished (Rakes and Shute 2004a). No historical records
exist for the fish in the lower French Broad or lower Holston Rivers.
However, we and others believe it is likely that the species once
inhabited these waters (Rakes and Shute 1999). Our conclusion is based
on the following facts: (1) The species was once likely much more
widespread in the Tennessee River system; (2) the French Broad and
Holston Rivers are tributaries to the Tennessee River between existing
and historical populations; (3) both river reaches appear to contain
suitable habitat for the species; and (4) there were no physical
barriers that would have prevented the species from inhabiting these
waters. The downlisting objectives for the duskytail darter (Service
1994a) are to: (1) Protect and enhance existing populations and
reestablish a population so at least three distinct viable duskytail
darter populations exist; (2) ensure that studies of the species'
biological and ecological requirements are complete and that any
required recovery measures developed and implemented from these studies
are beginning to succeed; and (3) ensure that no foreseeable threats
exist that would likely threaten the continued existence of the three
aforementioned viable populations. The delisting objectives are to: (1)
Protect and enhance existing populations and reestablish populations so
at least five distinct viable duskytail darter populations exist; (2)
ensure that studies of the species' biological and ecological
requirements are complete and that any required recovery measures
developed and implemented from these studies are successful; and (3)
ensure that no foreseeable threats exist that would likely impact the
survival of the five aforementioned viable populations.
The pygmy madtom (Noturus stanauli) (Etnier and Jenkins 1980) was
listed as an endangered species on April 27, 1993 (58 FR 25758). We
completed a recovery plan for the species in September 1994 (Service
1994b). The pygmy madtom, which was likely more widespread in the
Tennessee River system, has been found, and still exists, in only two
short reaches of the Duck and Clinch Rivers in Tennessee. These river
reaches are about 600 river miles apart. No historical records exist
for the fish in the lower French Broad or lower Holston Rivers.
However, we and others believe it is likely that it once inhabited
these waters (Rakes and Shute 1999). Our conclusion is based on the
same facts outlined above for the duskytail darter. The downlisting
objectives for the pygmy madtom (Service 1994b) are to: (1) Protect and
enhance existing populations so that at least two distinct viable
populations exist; (2) ensure that studies of the species' biological
and ecological requirements are complete and that any required recovery
measures developed and implemented from these studies are beginning to
succeed; and (3) ensure that no foreseeable threats exist that would
likely impact the survival of the two aforementioned viable
populations. No delisting criteria are given in this recovery plan.
The slender chub (Erimystax cahni) (Hubbs and Crowe 1956) was
listed as a threatened species on September 9, 1977, with critical
habitat and a special rule (42 FR 45526). The critical habitat map was
corrected on September 22, 1977 (42 FR 47840). We completed a recovery
plan for the species in July 1983 (Service 1983a). It was historically
known from the Clinch, Powell, and Holston Rivers (Service 1983a). The
Holston River site is now under the Cherokee Reservoir. The species has
not been found recently in the Powell River, and its continued
existence in the Clinch River is represented by only one specimen taken
in recent years (P. Rakes, pers. comm. 2002). However, collections made
over the years have generally shown that specimens can often be taken
only sporadically and in very small numbers. There has not been a
concerted effort to survey for the slender chub in recent years. We
believe that once a slender chub survey is funded, enough fish will
exist to start a propagation program. Although the species has never
been collected from the lower French Broad system, we and others
believe the species once likely inhabited these waters (Rakes and Shute
1999). Our conclusion is based on the same facts outlined above for the
[[Page 34202]]
duskytail darter. The delisting objectives for the slender chub
(Service 1983a) are to: (1) Protect and enhance existing populations
and/or reestablish populations so that viable populations exist in the
Clinch and Powell Rivers; (2) ensure, through reintroductions and/or
the discovery of new populations, that one other viable population
exists; (3) ensure that noticeable improvements in coal-related
problems and substrate quality have occurred in the Powell River and
that there is no increase in coal-related sedimentation in the Clinch
River; and (4) protect the species from threats that may adversely
affect the survival of the populations.
The spotfin chub (Erimonax monachus) (Cope 1868) was listed as a
threatened species on September 9, 1977, with critical habitat and a
special rule (42 FR 45526). The critical habitat map was corrected on
September 22, 1977 (42 FR 47840). We completed a recovery plan for the
species in November 1983 (Service 1983b). Two NEPs have been
established for the spotfin chub. The first was established for the
spotfin chub and three other federally listed fishes for a section of
the Tellico River in Monroe County, Tennessee, on August 12, 2002 (67
FR 52420). The second was established for the spotfin chub and the
boulder darter (Etheostoma wapiti) for a section of Shoal Creek (a
tributary to the Tennessee River), Lauderdale County, Alabama, and
Lawrence County, Tennessee on April 8, 2005 (70 FR 17916). This once
widespread species was historically known from 24 streams in the upper
and middle Tennessee River system. Currently, it is extant in only four
rivers/river systems (Service 1983b; P. Shute, TVA, pers. comm. 2004).
CFI has reintroduced the species into Abrams Creek in Tennessee, and
there are indications that it has become reestablished (Pat Rakes, CFI,
pers. comm. 2004). Historical records exist for the species in the
upper French Broad and upper Holston River systems, and the species
still exists in the Holston River system above the Cherokee Reservoir
(Service 1983b). We and our partners believe the species once likely
inhabited the waters of the lower French Broad and lower Holston
Rivers. Our conclusion is based on the same facts outlined above for
the duskytail darter. The delisting objectives for the spotfin chub
(Service 1983b) are to: (1) Protect and enhance existing populations
and/or reestablish populations so that viable populations exist in the
Buffalo River system, upper Little Tennessee River, Emory River system,
and lower North Fork Holston River; (2) ensure, through reintroduction
and/or the discovery of two new populations, that viable populations
exist in two other rivers; and (3) ensure that no present or
foreseeable threats exist that would likely impact the survival of any
populations.
The yellowfin madtom (Noturus flavipinnis) (Taylor 1969) was listed
as a threatened species on September 9, 1977, with critical habitat and
a special rule (42 FR 45526). The critical habitat map was corrected on
September 22, 1977 (42 FR 47840). We completed a recovery plan for the
species in June 1983 (Service 1983c). Two NEPs have been established
for the yellowfin madtom. The first NEP was established for a section
of the North Fork Holston River in Washington County, Virginia, on
August 4, 1988 (53 FR 29335). The second NEP was established for the
yellowfin madtom and three other federally listed fishes for a section
of the Tellico River in Monroe County, Tennessee, on August 12, 2002
(67 FR 52420). It was historically known from only seven streams
(Service 1983c). Three small extant populations still exist, one each
in Citco Creek, Copper Creek and the Powell River. The species was
reintroduced into Abrams Creek, and the population is becoming
reestablished (Pat Rakes, CFI, pers. comm. 2004). Reintroductions into
the NEP section of the Tellico River are ongoing, and early results are
promising. Although there are no historical records from the lower
Holston River or French Broad River system, we and others believe that
the species once likely inhabited these river reaches (Rakes and Shute
1999). Our conclusion is based on the same facts outlined above for the
duskytail darter. The delisting objectives for the yellowfin madtom
(Service 1983c) are to: (1) Protect and enhance existing populations
and/or reestablish populations so that viable populations exist in
Copper Creek, Citico Creek, and the Powell River; (2) reestablish or
discover viable populations in two additional rivers; (3) ensure that
noticeable improvements in coal-related problems and substrate quality
have occurred in the Powell River; and (4) ensure that each population
is protected from present and foreseeable threats.
The recovery objectives in the recovery plans for all of the 21
species generally agree that, to reach recovery: (1) Existing
populations should be restored to viable levels; (2) the species should
be protected from threats to their continued existence; and (3) viable
populations should be reestablished in historical habitat. The number
of secure, viable populations needed to achieve recovery (existing and
restored) varies from species to species, depending on the extent of
the species' probable former range (i.e., historically widespread
species require a greater number of populations for recovery than
species with historically more restricted distributions). However, the
reestablishment of historical populations is a critical component in
the recovery of all these species.
4. Reintroduction Site: At the request of the TVA and the TWRA,
biologists from the Service, TVA, USGS, TWRA, and Alabama Game and Fish
Division evaluated Tennessee River basin rivers for mollusk recovery
potential. The biologists rated the French Broad River downstream of
Douglas Dam as having a high potential for mollusk recovery and the
Holston River below Cherokee Dam as having a medium potential primarily
due to water quality and flow improvements to the tailwaters. In
letters dated May 28, 1998, and June 29, 1998, the TWRA's Executive
Director recommended that we consider reintroducing endangered mussels
into the French Broad River below Douglas Dam and the Holston River
below Cherokee Dam under NEP status. In an October 30, 1998, letter,
the TWRA provided us with a list of mussel species (compiled by
Tennessee mussel experts) that historically or probably occurred in
these river reaches. In a December 9, 1998, letter to us, the TVA (the
managers of the dams above the proposed NEP for hydroelectric power,
flood control, and recreation) expressed support for mussel recovery
efforts in the Tennessee River valley streams and tailwaters.
Based on successes in Abrams Creek and the North Fork Holston River
(Washington County, Virginia) and CFI's intimate knowledge of nongame
fishes and their habitat needs, we contracted with them to survey the
lower French Broad River and determine if we could expand our listed
fish recovery efforts into this major Tennessee River tributary. CFI
determined that the lower French Broad River contains potential
suitable habitat for the reintroduction of the duskytail darter, pygmy
madtom, spotfin chub, and yellowfin madtom (Rakes and Shute 1999).
Additionally, Rakes and Shute (CFI, pers. comm. 2004) stated that the
lower Holston River below Cherokee Dam could potentially support a
reintroduced population of these fishes and that both river reaches
contain potential habitat for slender chub reintroductions.
In a May 17, 1999, letter to us, the TWRA's Executive Director
stated that he concurred with the conclusions in the report prepared by
Rakes and Shute
[[Page 34203]]
(1999). He recommended that we consider designating NEP status in the
lower French Broad and Holston Rivers for the eventual reintroduction
of these five fish species.
We previously established NEPs for the birdwing pearlymussel,
cracking pearlymussel, Cumberland bean, Cumberlandian combshell,
Cumberland monkeyface, fine-rayed pigtoe, oyster mussel, shiny pigtoe,
and Anthony's riversnail in the free-flowing reach of the Tennessee
River below the Wilson Dam in Colbert and Lauderdale Counties, Alabama
(66 FR 32250). In October 2003, 80 each of birdwing pearlymussels,
oyster mussels, and dromedary mussels (dromedary mussels are not part
of the proposed Lower French Broad/Lower Holston NEP) were placed in
the NEP area below Wilson Dam. The status of these reintroduced mussels
was checked during the summer of 2004. While it is too early to
determine whether or not the reintroduced individuals will become an
established population, a significant number of them have survived thus
far, indicating that the reintroduction has a good chance of being
successful. A total of 2,370 Anthony's riversnails have also been
placed in the NEP area and will be monitored this spring. Establishment
of viable populations of these species in both the Tennessee River
below the Wilson Dam under the existing regulation and in the lower
French Broad and lower Holston Rivers, if this proposed regulation is
finalized, is an objective in the recovery of these species. However,
it will take several years of monitoring to fully evaluate if
populations of these species (and the other species) have become
established and remain viable in these historic river reaches.
Based on the presence of suitable physical habitat, the positive
response of endemic aquatic species to habitat improvements, improved
quality of the water being released from the dams, the recommendations
of the TWRA's Executive Director, and the evaluation of biologists
familiar with the lower French Broad and Holston Rivers, we believe the
French Broad River (downstream of Douglas Dam) and the Holston River
(downstream of Cherokee Dam) are suitable for the reintroduction of
these 21 species with NEP status.
We propose to reintroduce these 21 species into historical habitat
of the free-flowing reach of the French Broad River from RM 22.3 (35.7
km) (approximately 10 RM (16 km) below Douglas Dam), Knox and Sevier
Counties, Tennessee, to the backwaters of Fort Loudoun Reservoir,
upstream of, but near the confluence with the Holston River, Knox
County, Tennessee, and in the free-flowing reach of the Holston River,
Knox, Grainger, and Jefferson Counties, Tennessee, from above the
backwaters of Fort Loudoun Reservoir just upstream of its confluence
with the French Broad River, upstream to RM 42.3 (67.7 km)
(approximately 10 RM (16 km) below Cherokee Dam). These river reaches
contain the most suitable habitat for the reintroductions. None of
these 21 species are known to currently exist in these river reaches,
in tributaries to these reaches, or have free access to these reaches.
5. Reintroduction Procedures: The dates for these proposed
reintroductions, the actual number of individuals to be released, and
the specific release sites cannot be determined at this time.
Mussel propagation and juvenile rearing technology are currently
being refined, and juvenile mussels of some species could be available
for reintroduction soon after a NEP rule is finalized. Individual
endangered mussels that would be used for these proposed
reintroductions will be primarily artificially propagated juveniles.
However, it is possible that wild adult stock of some mussels could
also be released into the area. The parent stock for mussel propagation
will come from existing wild populations in the Tennessee, Cumberland,
and Ohio Rivers, and in most cases, adults will be returned to the
capture site. Under some circumstances, adult endangered mussels could
be permanently relocated (i.e., kept in captivity for their entire
life) to propagation facilities or moved directly into the NEP area
after being used for propagation purposes. A permit under section 10 of
the ESA would be needed for handling and maintaining threatened and
endangered species in captivity.
Anthony's riversnails will be collected for the proposed
reintroductions from a large naturally reproducing population located
in the Tennessee River, Jackson County, Alabama, and Marion County,
Tennessee, and relocated directly into the NEP.
Individual fishes that would be used for these proposed
reintroductions will be primarily artificially propagated juveniles.
However, it is possible that wild adult stock of some fishes could also
be released into the NEP area. Propagation and juvenile rearing
technology is available for the spotfin chub, slender chub, and
duskytail darter. Limited numbers of yellowfin madtom juveniles can be
reared using eggs and larvae taken from the wild, and some pygmy
madtoms can be propagated. However, madtom propagation technology,
which is needed to produce large numbers of juvenile madtoms, needs
further development. The parental stock for fish propagation and
reintroductions will come from wild populations. Duskytail darters will
likely come from Little River in Tennessee. Yellowfin madtoms will
likely come from the Powell River in Tennessee. Spotfin chubs will
likely come from upstream in the Holston River system above Cherokee
Dam in Tennessee. Pygmy madtoms will come from the Clinch River in
Tennessee. Slender chubs will come from the upper Tennessee River basin
in Tennessee and Virginia. In some cases, the parents will be returned
to the wild population from which they were taken. However, in most
cases, adult fishes will be permanently relocated to propagation
facilities.
To help ensure the genetic integrity of the reintroduced species
and to match as closely as possible the genetic composition of the
historical populations, we will observe the following guidelines: (1)
To reduce homozygosity, at least 10 gravid female mussels, 10 fishes,
and 10 snails, whenever possible, will be used as parental stock over
the life of the reintroduction project (if this number cannot be
obtained for very rare species, we will use whatever number is
available); and (2) to match as closely as possible the genetic
composition of the species that once existed in the lower French Broad
and Holston Rivers, the adults and brood stock for the proposed
reintroductions will be collected using the following criteria (in
order of decreasing importance): (a) Donor animals will be collected
from populations in adjacent stream/tributary systems in the same
physiographic province, (b) donor animals will be collected from
populations in adjacent stream/tributary systems in an adjacent
physiographic province, and (c) donor animals will be collected from
the only population with a sufficient number of adults to produce
progeny.
The permanent removal of adults (mollusks and fishes) from the wild
for their use in proposed reintroduction efforts is allowable when the
following conditions exist: (1) Sufficient numbers of adults are
available within a donor population to sustain the loss without
jeopardizing the species; (2) the species must be removed from an area
because of an imminent threat that is likely to eliminate the
population or specific individuals present in an area; or (3) the
population is not reproducing (see 50 CFR 17.22). For these 21 species,
it is
[[Page 34204]]
most likely that adults will be permanently removed because of the
first condition. However, fewer adults will be needed for propagation
than for actually moving individuals from a donor population to the
NEP. An enhancement of propagation or survival permit under section
10(a)(1)(A) of the Act must be issued before any take occurs. We will
coordinate these proposed actions with the Service's appropriate lead
regions and State natural resources agencies.
6. Status of Reintroduced Populations: Previous translocations,
propagations, and reintroductions of many of these species have not
affected their wild populations. The use of artificially propagated
juveniles will further reduce the potential effects on wild populations
since fewer adults would be needed from the donor population. If any of
the reintroduced populations become established and are subsequently
lost, the likelihood of the species' survival in the wild would not be
appreciably reduced because either the reintroduced individuals will be
from propagated stock or the donor population will be of sufficient
size to handle movement of adults. Therefore, we have determined that
the reintroduced populations of these 21 species in the lower French
Broad and Holston Rivers are not essential to the continued existence
of these species. We will ensure, through our section 10 permit
authority and the section 7 consultation process, that the use of
animals from any donor population for these proposed reintroductions is
not likely to jeopardize the continued existence of the species.
7. Location of Reintroduced Population: The NEP area, which
encompasses all the sites for the proposed reintroductions, will extend
from the base of Douglas Dam down the French Broad River, Knox and
Sevier Counties, Tennessee, to its confluence with the Holston River;
then up the Holston River, Knox, Grainger, and Jefferson Counties,
Tennessee, to the base of Cherokee Dam; and the lower 5 RM (8 km) of
all tributaries that enter these river reaches.
Section 10(j) of the Act requires that an experimental population
be geographically separate from other wild populations of the same
species. The proposed NEP area is totally isolated from existing
populations of these species by large reservoirs, and none of these
species are known to occur in, or are likely to move through, large
reservoir habitat. Therefore, these reservoirs will act as barriers to
the expansion of these species into other sections of the Tennessee
River basin and will ensure that the proposed NEPs remain
geographically isolated and easily distinguishable from existing wild
populations. Based on the habitat requirements of these mollusks and
fishes, we do not expect them to become established outside the
proposed NEP area. However, if any of the reintroduced species move
outside the designated NEP area, then the animals would be considered
to have come from the NEP area. In that case, we may propose to amend
this rule to enlarge the boundaries of the NEP area to include the
entire range of the expanded population(s).
The designated NEP area for the duskytail darter, spotfin chub, and
yellowfin madtom in the Tellico River (67 FR 52420) does not overlap or
interfere with this proposed NEP area for the lower French Broad and
lower Holston Rivers in Tennessee because they are geographically
separated river reaches. The designated NEP for the spotfin chub in
Shoal Creek, Tennessee, (67 FR 17916) does not overlap or interfere
with this proposed NEP area for the lower French Broad and lower
Holston rivers in Tennessee because they are geographically separated
river reaches. The designated NEP for the spotfin chub in Shoal Creek,
Tennessee, (67 FR 17916) does not overlap or interfere with this
proposed NEP area for the lower French Broad and lower Holston rivers
in Tennessee because they are geographically separated river reaches.
Similarly, the NEP for the yellowfin madtom in the North Fork
Holston River (53 FR 29335) is separated by reservoirs and long
stretches of river that do not contain yellowfin madtoms or their
habitat and acts as effective barriers between madtom populations in
the North Fork Holston River and the proposed NEP in the lower Holston
River.
The designated NEP area for the birdwing pearlymussel, cracking
pearlymussel, Cumberland bean, Cumberlandian combshell, Cumberland
monkeyface, dromedary pearlymussel, fine-rayed pigtoe, oyster mussel,
shiny pigtoe, tubercled blossom, and Anthony's riversnail in the
Tennessee River below the Wilson Dam (66 FR 32250) in Alabama does not
overlap or interfere with this proposed NEP area for the lower French
Broad and lower Holston Rivers in Tennessee because they are
geographically separated river reaches with several reservoirs between
them.
Critical habitat has been designed for Cumberlandian combshell (69
FR 53136), oyster mussel (69 FR 53136), slender chub (42 FR 45526),
spotfin chub (42 FR 45526), and yellowfin madtom (42 FR 45526);
however, none of these designations include the proposed NEP area.
Critical habitat has not been designated for the 16 other species
identified in this rule. Section 10(j)(2)(C)(ii) of the Act states that
critical habitat shall not be designated for any experimental
population that is determined to be nonessential. Accordingly, we
cannot designate critical habitat in areas where we have already
established, by regulation, a nonessential experimental population.
8. Management: The aquatic resources in the proposed reintroduction
area are managed by the TWRA and the TVA. Multiple-use management of
these waters will not change as a result of the NEP designation. The
NEP designation will not require the TWRA or the TVA to specifically
manage for reintroduced species in the NEP area. Private landowners
within the NEP area will still be allowed to continue all legal
agricultural and recreational activities. Because of the substantial
regulatory relief provided by NEP designations, we do not believe these
proposed reintroductions will conflict with existing human activities
or hinder public use of the NEP area.
The Service, State, TVA, and CFI staff will all be involved in the
management of the reintroductions. They will closely coordinate on
reintroductions, monitoring, coordination with landowners and land
managers, and public awareness, among other tasks necessary to ensure
successful reintroductions of these species.
(a) Mortality: The regulations implementing the Act define
``incidental take'' as take that is incidental to, and not the purpose
of, the carrying out of an otherwise lawful activity (50 CFR 17.3) such
as recreation (e.g., fishing, boating, wading, trapping, or swimming),
forestry, agriculture, and other activities that are in accordance with
Federal, Tribal, State, and local laws and regulations. A person may
take a listed species within the experimental population area provided
that the take is unintentional and is not due to negligent conduct.
However, when we have evidence of knowing (i.e., intentional) take of
the listed species within the NEP, we will refer matters to the
authorities for appropriate action. We expect levels of incidental take
to be low since the reintroduction is compatible with existing human
use activities and practices for the area.
(b) Special handling: Service employees and authorized agents
acting on their behalf may handle these 21 species for scientific
purposes; to relocate them to avoid conflict with
[[Page 34205]]
human activities; for recovery purposes; to relocate them to other
reintroduction sites; to aid sick or injured individuals; and to
salvage dead individuals.
(c) Coordination with landowners and land managers: The Service and
cooperators identified issues and concerns associated with the proposed
reintroduction of these 21 species before preparing this proposed rule.
The proposed reintroduction also has been discussed with potentially
affected State agencies, businesses, and landowners within the proposed
release area. Affected State agencies, businesses, landowners, and land
managers, including the TWRA and TVA, have indicated support for the
reintroduction if the species released in the proposed experimental
population area are established as an NEP and if aquatic resource
activities in the proposed experimental population area are not
constrained.
(d) Potential for conflict with human activities: We do not believe
these proposed reintroductions will conflict with existing or proposed
human activities or hinder public use of the NEP area within the French
Broad and Holston Rivers. Experimental population special rules contain
all the prohibitions and exceptions regarding the taking of individual
animals. These special rules are compatible with routine human
activities in the reintroduction area.
(e) Monitoring: After the initial stocking of these species, we
will monitor annually their presence or absence and document any
spawning behavior or young-of-the-year that might be present. This
monitoring will be conducted primarily by snorkeling or seining and
will be accomplished by contracting with the appropriate species
experts. Annual reports will be produced detailing the stocking rates
and monitoring activities that took place during the previous year. We
will also fully evaluate these reintroduction efforts after 5 and 10
years to determine whether to continue or terminate the reintroduction
efforts.
(f) Public awareness and cooperation: On January 12, 1999, we
mailed letters to 47 potentially affected Congressional offices,
Federal and State agencies, local governments, and interested parties
to notify them that we were considering proposing NEP status in the
lower French Broad and Holston Rivers for the 16 mollusks (at the time
of this letter, we had not yet decided to propose the fish
reintroductions). We received one written response. The Tennessee
Department of Environment and Conservation supported the reintroduction
of the mollusks under NEP status. It stated that NEP status represents
an appropriate step toward promoting the species' recovery while
protecting the rights and privileges of Tennessee's citizens.
We did not circulate a similar notice regarding the potential of
proposing NEP status for the five fishes. The report on the area's
suitability for fish reintroductions (Rakes and Shute 1999) was not
available when the mollusk notice was circulated. However, since we
received only one comment on the mollusk notice, the TWRA and the TVA
both support the mollusk and fish reintroductions under NEP status, and
the inclusion of these fishes in the proposal would not result in any
additional impact to public or government agency use of the river, we
did not believe it was necessary to circulate a separate notice
regarding these fishes. In any case, through this proposal, the public
can comment on the proposed NEP designation for these fishes.
Through this notice, we are informing the general public of the
importance of this reintroduction project in the overall recovery of
these 21 species. The designation of the NEP for these reaches of the
French Broad and Holston Rivers would provide greater flexibility in
the management of these reintroduced species. The NEP designation is
necessary to secure needed cooperation of the States, Tribes,
landowners, agencies, and other interests in the affected area.
Finding
Based on the above information, and using the best scientific and
commercial data available (in accordance with 50 CFR 17.81), the
Service finds that releasing the Appalachian monkeyface, birdwing
pearlymussel, cracking pearlymussel, Cumberland bean, Cumberlandian
combshell, Cumberland monkeyface, dromedary pearlymussel, fanshell,
fine-rayed pigtoe, orangefoot pimpleback, oyster mussel, ring pink,
rough pigtoe, shiny pigtoe, white wartyback, Anthony's riversnail,
duskytail darter, pygmy madtom, slender chub, spotfin chub, and
yellowfin madtom into the lower French Broad and lower Holston Rivers
Experimental Population Area under a Nonessential Experimental
Population designation will further the conservation of these species.
Other Changes to the Regulations
In addition, we are making a minor technical correction to the
existing regulation regarding the birdwing pearlymussel. The birdwing
pearly mussel was listed on June 14, 1976 (41 FR 24062), under the
scientific name of Conradilla caelata. The current list of endangered
and threatened species at 50 CFR 17.11(h) uses the scientific name of
Conradilla caelata for the birdwing pearlymussel. In the latest edition
of the Common and Scientific Names of Aquatic Invertebrates from the
United States and Canada published by the American Fisheries Society,
the scientific name has been changed to Lemiox rimosus (Turgeon et al.
1998). This name change has occurred in a peer-reviewed publication and
has acceptance in the scientific community. Therefore, we are
correcting the text for the current list of endangered and species at
50 CFR 17.11(h) and the existing experimental population in the free-
flowing reach of the Tennessee River below Wilson Dam in Alabama at 50
CFR 17.85 by changing the scientific name for the birdwing pearlymussel
from Conradilla caelata to Lemiox rimosus (see Regulation Promulgation
section below).
We are also making editorial changes to 50 CFR 17.84(m) and
17.84(o). These paragraphs currently provide NEP information for
multiple species; Sec. 17.84(m) sets forth the Tellico River NEP area
for spotfin chub, duskytail darter, and smoky madtom, while Sec.
17.84(o) sets forth the Shoal Creek NEP area for spotfin chub and
boulder darter. In this proposal, we reformat this information into
species-specific paragraphs, so that each fish species has its own NEP
paragraph. These changes are nonsubstantive; no existing NEP areas
would change as a result of the reformatting. The changes are simply
for clarity and consistency, and to make information easier for the
public to find.
Finally, we are also making editorial changes to replace the
introductory text at 50 CFR 17.85(a) with a table for clarity. Again,
this is a nonsubstantive change; no existing NEP areas would change as
a result of the reformatting.
Public Comments Solicited
We intend that any final action resulting from this proposal will
be as accurate and as effective as possible. Therefore, we solicit
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
parties concerning this proposed rule. If you wish to comment on this
proposed rule, you may submit your comments and materials concerning
this proposal by any one of several methods (see ADDRESSES). All
submissions received must include the agency name and RIN for this
rulemaking. Please include your name
[[Page 34206]]
and return address in the body of your message.
Comments submitted electronically should be in the body of the e-
mail message itself or attached as a text file (ASCII), and should not
use special characters or encryption. Please also include ``Attn:
French Broad/Holston Rivers NEP,'' your full name, and your return
address in your e-mail message. In the event that our Internet
connection is not functional, please contact the Service by the
alternative methods mentioned in the ADDRESSES section. Our practice is
to make comments, including names and home addresses of respondents,
available for public review during regular business hours. Respondents
may request that we withhold their home address, which we will honor to
the extent allowable by law. There also may be circumstances in which
we would withhold a respondent's identity, as allowable by law. If you
wish for us to withhold your name and/or address, you must state this
request prominently at the beginning of your comment. However, we will
not consider anonymous comments. To the extent consistent with
applicable law, we will make all submissions from organizations or
businesses available for public inspection in their entirety. Comments
and materials received will be available for public inspection, by
appointment, during normal business hours at the Tennessee Field Office
(see ADDRESSES). Copies of this proposed rule are available on the
Internet at http://cookeville.fws.gov.
Peer Review
In conformance with our policy on peer review, published on July 1,
1994 (59 FR 34270), we will seek the expert opinions of at least three
appropriate and independent specialists regarding this proposed rule.
The purpose of such review is to ensure that our NEP designation is
based on scientifically sound data, assumptions, and analyses. We will
send copies of this proposed rule to these peer reviewers immediately
following publication in the Federal Register. We will invite these
peer reviewers to comment, during the public comment period, on the
specific assumptions and conclusions regarding the proposed NEP.
We will consider all comments and information received during the
comment period on this proposed rule during preparation of a final
rulemaking. Accordingly, the final decision may differ from this
proposal.
Public Hearings
You may request a public hearing on this proposal. Requests must be
made in writing at least 15 days prior to the close of the public
comment period and sent to the Field Supervisor for the U.S. Fish and
Wildlife Service in Tennessee (see ADDRESSES and DATES sections).
Required Determinations
Regulatory Planning and Review (E.O. 12866)
In accordance with the criteria in Executive Order 12866, this
proposed rule to designate NEP status for and reintroduce 15 endangered
mussels, 1 endangered aquatic snail, 2 endangered fishes, and 3
threatened fishes in the free-flowing reach of the French Broad River
below Douglas Dam to its confluence with the Holston River, Knox
County, Tennessee, and in the free-flowing reach of the Holston River
below Cherokee Dam to its confluence with the French Broad River is not
a significant regulatory action subject to Office of Management and
Budget review. This rule will not have an annual economic effect of
$100 million or more on the economy and will not have an adverse effect
on any economic sector, productivity, competition, jobs, the
environment, or other units of government. The area affected by this
rule consists of a very limited and discrete geographic segment of the
lower French Broad River (about 32 RM (51 km)) and the lower Holston
River (about 52 RM (83 km)) in eastern Tennessee. Therefore, a cost-
benefit and economic analysis will not be required.
We do not expect this rule to have significant impacts to existing
human activities (e.g., hydroelectric power generation, flood control,
agricultural activities, fishing, boating, wading, swimming, trapping)
in the watershed. These rivers already have populations of the
federally listed threatened snail darter (Percina tanasi) and
endangered pink mucket mussel (Lampsilis abrupta), both of which
require Federal agencies to consult with us under section 7 of the Act
if their activities may are adversely affect these species. The
reintroduction of these federally listed species, which will be
accomplished under NEP status with its associated regulatory relief, is
not expected to impact Federal agency actions. Because of the
substantial regulatory relief, we do not believe the proposed
reintroduction of these species will conflict with existing or proposed
human activities or hinder public use of the French Broad or Holston
Rivers.
This rule will not create inconsistencies with other agencies'
actions or otherwise interfere with an action taken or planned by
another agency. Federal agencies most interested in this rulemaking are
primarily the Environmental Protection Agency and TVA.
This rule will not materially affect entitlements, grants, user
fees, or loan programs, or the rights and obligations of their
recipients. Because there are no expected impacts or restrictions to
existing human uses of the French Broad and Holston Rivers as a result
of this rule, no entitlements, grants, user fees, loan programs, or the
rights and obligations of their recipients are expected to occur.
This rule does not raise novel legal or policy issues. Since 1984,
we have promulgated section 10(j) rules for many other listed species
in various localities. Such rules are designed to reduce the regulatory
burden that would otherwise exist when reintroducing listed species to
the wild.
Regulatory Flexibility Act
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Although most of the identified entities are small businesses engaged
in activities along the affected reaches of these rivers, this
rulemaking is not expected to have any significant impact on private
activities in the affected area. The designation of a NEP in this rule
will significantly reduce the regulatory requirements regarding the
reintroduction of these species, will not create inconsistencies with
other agencies' actions, and will not conflict with existing or
proposed human activity, or Federal, State, or public use of the land
or aquatic resources.
Small Business Regulatory Enforcement Fairness Act
This proposed rule is not a major rule under 5 U.S.C. 804(2), the
Small Business Regulatory Enforcement Fairness Act. This rule will not
have an annual effect on the economy of $100 million or more. It will
not cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or
geographical regions. This rule does not have significant adverse
effects on competition, employment, investment, productivity,
innovation, or the ability of United States-based enterprises to
compete with foreign-based enterprises. The intent of this special rule
is to facilitate and continue the existing commercial activity while
providing for the conservation of
[[Page 34207]]
species through reintroduction into suitable habitat.
Unfunded Mandates Reform Act
The proposed NEP designation will not place any additional
requirements on any city, county, or other local municipality. The
TWRA, which manages the fishes and mollusks in the French Broad and
Holston Rivers, requested that we consider these proposed
reintroductions under a NEP designation. However, they will not be
required to specifically manage for any reintroduced species.
Accordingly, this proposed rule will not ``significantly or uniquely''
affect small governments. A Small Government Agency Plan is not
required since this rulemaking does not require any action to be taken
by local or State government or private entities. We have determined
and certify pursuant to the Unfunded Mandates Reform Act, 2 U.S.C. 1502
et seq., that this rulemaking will not impose a cost of $100 million or
more in any given year on local or State governments or private
entities (i.e., it is not a ``significant regulatory action'' under the
Unfunded Mandates Reform Act).
Takings (E.O. 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications. When reintroduced populations of
federally listed species are designated as NEPs, the Act's regulatory
requirements regarding the reintroduced listed species within the NEP
are significantly reduced. Section 10(j) of the Act can provide
regulatory relief with regard to the taking of reintroduced species
within an NEP area. For example, this rule allows for the taking of
these reintroduced mollusks and fishes when such take is incidental to
an otherwise legal activity, such as recreation (e.g., fishing,
boating, wading, trapping, swimming), forestry, agriculture, and other
activities that are in accordance with Federal, State, and local laws
and regulations. Because of the substantial regulatory relief provided
by NEP designations, we do not believe the reintroduction of these
species will conflict with existing or proposed human activities or
hinder public use of the French Broad and Holston River systems.
A takings implication assessment is not required because this rule
(1) will not effectively compel a property owner to suffer a physical
invasion of property and (2) will not deny all economically beneficial
or productive use of the land or aquatic resources. This rule will
substantially advance a legitimate government interest (conservation
and recovery of listed freshwater mussel, snail, and fish species) and
will not present a barrier to all reasonable and expected beneficial
use of private property.
Federalism (E.O. 13132)
In accordance with Executive Order 13132, this rule does not have
significant federalism effects to warrant the preparation of a
federalism assessment. This rule will not have substantial direct
effects on the States, in their relationship between the Federal
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. We have
coordinated extensively with the State of Tennessee on the proposed
reintroduction of these species into the French Broad and Holston River
systems. The State wildlife agency in Tennessee (TWRA) requested that
we undertake this rulemaking in order to assist the State in the
restoration and recovery of its native aquatic fauna. Achieving the
recovery goals for these species will contribute to their eventual
delisting and their return to State management. No intrusion on State
policy or administration is expected; roles and responsibilities of
Federal or State governments will not change; and fiscal capacity will
not be substantially directly affected. This special rule operates to
maintain the existing relationship between the States and the Federal
Government and is being undertaken at the request of a State agency
(TWRA). We have cooperated with the TWRA in the preparation of this
proposed rule. Therefore, this rule does not have significant
Federalism effects or implications to warrant the preparation of a
federalism assessment pursuant to the provisions of Executive Order
13132.
Civil Justice Reform
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this proposed rule does not unduly burden
the judicial system and that it meets the requirements of sections
(3)(a) and (3)(b)(2) of the Order.
Paperwork Reduction Act
Office of Management and Budget (OMB) regulations at 5 CFR 1320,
which implement provisions of the Paperwork Reduction Act (44 U.S.C.
3501 et seq.), require that Federal agencies obtain approval from OMB
before collecting information from the public. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. This proposed rule does not include any new collections
of information that require approval by OMB under the Paperwork
Reduction Act.
National Environmental Policy Act (NEPA)
We have determined that the issuance of this proposed rule is
categorically excluded from National Environmental Policy Act
requirements (516 DM 6, Appendix 1.4 B(6)).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 229511), Executive Order 13175, and the Department
of the Interior Manual Chapter 512 DM 2, we have evaluated possible
effects on federally recognized Indian tribes and have determined that
there are no effects.
Energy Supply, Distribution or Use (E.O. 13211)
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. This rule is not
expected to significantly affect energy supplies, distribution, and
use. Therefore, this action is not a significant energy action and no
Statement of Energy Effects is required.
Clarity of This Regulation (E.O. 12866)
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following: (1) Are the requirements in the rule clearly stated? (2)
Does the rule contain technical language or jargon that interferes with
its clarity? (3) Does the format of the rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity? (4) Would the rule be easier to understand if it were divided
into more (but shorter) sections? (5) Is the description of the rule in
the SUPPLEMENTARY INFORMATION section of the preamble helpful in
understanding the rule? (6) What else could we do to make the rule
easier to understand?
Send your comments concerning how we could make this rule easier to
understand to: Office of Regulatory Affairs, Department of the
Interior,
[[Page 34208]]
Room 7229, 1849 C Street, NW., Washington, DC 20240. You may also e-
mail your comments to: [email protected].
References Cited
A complete list of all references cited herein is available, upon
request, from the Cookeville, TN Field Office (see ADDRESSES section).
Author
The principal author of this proposed rule is Timothy Merritt,
Cookeville Field Office (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Amend Sec. 17.11(h), the List of Endangered and Threatened
Wildlife, as follows:
a. Under the heading ``FISHES,'' by revising the entries for
``Chub, slender''; ``Chub, spotfin''; ``Darter, duskytail''; ``Madtom,
pygmy''; ``Madtom, smoky''; and ``Madtom, yellowfin'' to read as set
forth below;
b. Under the heading ``CLAMS,'' by revising the entries for ``Bean,
Cumberland (pearlymussel)''; ``Combshell, Cumberlandian'';
``Fanshell''; ``Monkeyface, Appalachian (pearlymussel)''; ``Monkeyface,
Cumberland (pearlymussel)''; ``Mussel, oyster''; ``Pearlymussel,
birdwing''; ``Pearlymussel, cracking''; ``Pearlymussel, dromedary'';
``Pigtoe, fine-rayed''; ``Pigtoe, rough''; ``Pigtoe, shiny'';
``Pimpleback, orangefoot (pearlymussel)''; ``Pink, ring (mussel)''; and
``Wartyback, white (pearlymussel)'' to read as set forth below; and
c. Under the heading ``SNAILS,'' by revising the entry for
``Riversnail, Anthony's'' to read as set forth below.
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Fishes
* * * * * * *
Chub, slender.................... Erimystax cahni..... U.S.A. (TN, VA).... Entire, except T 28 17.95(e) 17.44(c)
where listed as an
experimental
population.
Do.............................. ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.84(r)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Chub, spotfin (=turquoise shiner) Erimonax monachus... U.S.A. (AL, GA, NC, Entire, except T 28 17.95(e) 17.44(c)
TN, VA). where listed as an
experimental
population.
[[Page 34209]]
Do.............................. ......do............ ......do........... U.S.A. (TN--The XN 732 NA 17.84(m)
Tellico River from
the backwaters of
theTellico
Reservoir (about
Tellico River mile
19 (30.4 km))
upstream to
Tellico River mile
33 (52.8 km) in
Monroe County.).
Do.............................. ......do............ ......do........... U.S.A. (AL, TN-- XN 747 NA 17.84(m)
Shoal Creek, from
Shoal Creek mile
41.7 (66.7 km) at
the mouth of Long
Branch, Lawrence
County, TN,
downstream to the
backwaters of
Wilson Reservoir
(Shoal Creekmile
14 (22 km)) at
Goose Shoals,
Lauderdale County,
AL, including the
lower 5 miles (8
km) of all
tributaries that
enter this reach.).
Do.............................. ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.84(m)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Darter, duskytail................ Etheostoma percnurum U.S.A. (TN, VA).... Entire, except E 502 NA NA
where listed as an
experimental
population.
Do.............................. ......do............ ......do........... U.S.A. (TN--The XN 732 NA 17.84(p)
Tellico River from
the backwaters of
the Tellico
Reservoir (about
Tellico River mile
19 (30.4 km))
upstream to
Tellico River mile
33 (52.8 km) in
Monroe County.).
[[Page 34210]]
Do.............................. ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.84(p)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Madtom, pygmy.................... Noturus stanauli.... U.S.A. (TN)........ Entire, except E 502 NA NA
where listed as an
experimental
population.
Do.............................. ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.84(s)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Madtom, smoky.................... Noturus baileyi..... U.S.A. (TN)........ Entire, except E 163 17.95(e) NA
where listed as an
experimental
population.
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN 732 NA 17.84(q)
TheTellico River
from the
backwaters of the
Tellico Reservoir
(about Tellico
River mile 19
(30.4 km))
upstream to
Tellico River mile
33 (52.8 km) in
Monroe County.).
[[Page 34211]]
Madtom, yellowfin................ Noturus flavipinnis. U.S.A. (TN, VA).... Entire, except T 28 17.95(e) 17.44(c)
where listed as an
experimental
population.
Do.............................. ......do............ ......do........... U.S.A. (TN, VA--N. XN 317 NA 17.84(e)
Fork Holston River
Watershed, VA, TN;
S. Fork Holston
River, upstream to
Ft. Patrick Henry
Dam, TN; Holston
River, downstream
to John Sevier
Detention Lake
Dam, TN; and all
tributaries
thereto.).
Do.............................. ......do............ ......do........... U.S.A. (TN--The XN 732 NA 17.84(e)
Tellico River from
the backwaters of
the Tellico
Reservoir (about
Tellico River mile
19 (30.4 km))
upstream to
Tellico River mile
33 (52.8 km) in
Monroe County.).
Do.............................. ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.84(e)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Clams
* * * * * * *
Bean, Cumberland (pearlymussel).. Villosa trabalis.... U.S.A. (AL, KY, TN, NA................. E 15 NA NA
VA).
[[Page 34212]]
Do.............................. ......do............ ......do........... U.S.A. (AL--The XN 709 NA 17.85(a)
free-flowing reach
of the Tennessee
River from the
base of Wilson Dam
downstream to the
backwaters of
Pickwick Reservoir
(about 12 river
mile (RM) (19
km)), and the
lower 5 RM (8 km)
of all tributaries
to this reach in
Colbert and
Lauderdale
Counties.).
Do............................... ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.85(b)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Combshell, Cumberlandian......... Epioblasma brevidens U.S.A. (AL, KY, MS, NA................. E 602 17.95(f) NA
TN, VA).
Do.............................. ......do............ ......do........... U.S.A. (AL--The XN 709 NA 17.85(a)
free-flowing reach
of the Tennessee
River from the
base of Wilson Dam
downstream to the
backwaters of
Pickwick Reservoir
(about 12 river
mile (RM) (19
km)), and the
lower 5 RM (8 km)
of all tributaries
to this reach in
Colbert and
Lauderdale
Counties.).
[[Page 34213]]
Do.............................. ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.85(b)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Fanshell......................... Cyprogenia U.S.A. (AL, IL, IN, NA................. E 391 NA NA
stegaria(=irrorata). KY, OH, PA, TN,
VA, WV).
Do.............................. ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.85(b)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Monkeyface, Appalachian Quadrula sparsa..... U.S.A. (TN, VA).... NA................. E 15 NA NA
(pearlymussel).
[[Page 34214]]
Do.............................. ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.85(b)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
Monkeyface, Cumberland Quadrula intermedia. U.S.A. (AL, TN, VA) NA................. E 15 NA NA
(pearlymussel).
Do.............................. ......do............ ......do........... U.S.A. (AL--The XN 709 NA 17.85(a)
free-flowing reach
of the Tennessee
River from the
base of Wilson Dam
downstream to the
backwaters of
Pickwick Reservoir
(about 12 river
mile (RM)(19 km)),
and the lower 5 RM
(8 km) of all
tributaries to
this reach in
Colbert and
Lauderdale
Counties.).
Do.............................. ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.85(b)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Mussel, oyster................... Epioblasma U.S.A. (AL, GA, KY, NA................. E 602 17.95(f) NA
capsaeformis. MS, NC, TN, VA).
[[Page 34215]]
Do.............................. ......do............ ......do........... U.S.A. (AL--The XN 709 NA 17.85(a)
free-flowing reach
of the Tennessee
River from the
base of Wilson Dam
downstream to the
backwaters of
Pickwick Reservoir
(about 12 river
mile (RM)(19 km)),
and the lower 5 RM
(8 km) of all
tributaries to
this reach in
Colbert and
Lauderdale
Counties.).
Do.............................. ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.85(b)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Pearlymussel, birdwing........... Lemiox rimosus...... U.S.A. (AL, TN, VA) NA................. E 15 NA NA
Do.............................. ......do............ ......do........... U.S.A. (AL--The XN 709 NA 17.85(a)
free-flowing reach
of the Tennessee
River from the
base of Wilson Dam
downstream to the
backwaters of
Pickwick Reservoir
(about 12 river
mile (RM)(19 km)),
and the lower 5 RM
(8 km) of all
tributaries to
this reach in
Colbert and
Lauderdale
Counties.).
[[Page 34216]]
Do.............................. ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.85(b)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
Pearlymussel, cracking........... Hemistena lata...... U.S.A. (AL, IL, IN, NA................. E 366 NA NA
KY, OH, TN, VA).
Do............................... ......do............ ......do........... U.S.A. (AL--The XN 709 NA 17.85(a)
free-flowing reach
of the Tennessee
River from the
base of Wilson Dam
downstream to the
backwaters of
Pickwick Reservoir
(about 12 river
mile (RM) (19
km)), and the
lower 5 RM (8 km)
of all tributaries
to this reach in
Colbert and
Lauderdale
Counties.).
Do............................... ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.85(b)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Pearlymussel, dromedary.......... Dromus dromas....... U.S.A. (AL, KY, TN, NA................. E 15 NA NA
VA).
[[Page 34217]]
Do............................... ......do............ ......do........... U.S.A. (AL--The XN 709 NA 17.85(a)
free-flowing reach
of the Tennessee
River from the
base of Wilson Dam
downstream to the
backwaters of
Pickwick Reservoir
(about 12 river
mile (RM) (19
km)), and the
lower 5 RM (8 km)
of all tributaries
to this reach in
Colbert and
Lauderdale
Counties.).
Do............................... ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.85(b)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Pigtoe, fine-rayed............... Fusconaia cuneolus.. U.S.A. (AL, TN, VA) NA................. E 15 NA NA
Do............................... ......do............ ......do........... U.S.A. (AL--The XN 709 NA 17.85(a)
free-flowing reach
of the Tennessee
River from the
base of Wilson Dam
downstream to the
backwaters of
Pickwick Reservoir
(about 12 river
mile (RM) (19
km)), and the
lower 5 RM (8 km)
of all tributaries
to this reach in
Colbert and
Lauderdale
Counties.).
[[Page 34218]]
Do............................... ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.85(b)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Pigtoe, rough.................... Pleurobema plenum... U.S.A. (AL, IN, KY, NA................. E 15 NA NA
PA, TN, VA).
Do............................... ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.85(b)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
Pigtoe, shiny.................... Fusconaia cor....... U.S.A. (AL, TN, VA) NA................. E 15 NA NA
Do............................... ......do............ ......do........... U.S.A. (AL--The XN 709 NA 17.85(a)
free-flowing reach
of the Tennessee
River from the
base of Wilson Dam
downstream to the
backwaters of
Pickwick Reservoir
(about 12 river
mile (RM)(19 km)),
and the lower 5 RM
(8 km) of all
tributaries to
this reach in
Colbert and
Lauderdale
Counties.).
[[Page 34219]]
Do............................... ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.85(b)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Pimpleback, orangefoot Plethobasus U.S.A. (AL, IA, IL, NA................. E 15 NA NA
(pearlymussel). cooperianus. IN, KY, OH, PA,
TN).
Do............................... ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.85(b)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Pink, ring (mussel).............. Obovaria retusa..... U.S.A. (AL, IL, IN, NA................. E 369 NA NA
KY, OH, PA, TN,
WV).
[[Page 34220]]
Do............................... ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.85 (b)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Wartyback, white (pearlymussel).. Plethobasus U.S.A. (AL, IL, IN, NA................. E 15 NA NA
cicatricosus. KY, TN).
Do............................... ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.85(b)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
Snails
* * * * * * *
Riversnail, Anthony's............ Athearnia anthonyi.. U.S.A. (AL, GA, TN) NA................. E 538 NA NA
Do............................... ......do............ ......do........... U.S.A. (AL--The XN 709 NA 17.85(a)
free-flowing reach
of the Tennessee
River from the
base of Wilson Dam
downstream to the
backwaters of
Pickwick Reservoir
(about 12 river
mile (RM) (19
km)), and the
lower 5 RM (8 km)
of all tributaries
to this reach in
Colbert and
Lauderdale
Counties.).
[[Page 34221]]
Do............................... ......do............ ......do........... U.S.A. (TN--French XN ........... NA 17.85(b)
Broad River, Knox
and Sevier
Counties, from the
base of Douglas
Dam (river mile
(RM) 32.3 (51.7
km)) downstream to
the confluence
with the Holston
River; then up the
Holston River,
Knox, Grainger,
and Jefferson
Counties, to the
base of Cherokee
Dam (RM 52.3 (83.7
km)); and the
lower 5 RM (8 km)
of all tributaries
to these reaches.).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Amend Sec. 17.84 as follows:
a. Revise paragraphs (e), (m), and (o) to read as set forth below;
and
b. Add new paragraphs (p), (q), (r), and (s) to read as set forth
below.
Sec. 17.84 Special rules--vertebrates.
* * * * *
(e) Yellowfin madtom (Noturus flavipinnis). (1) Where is the
yellowfin madtom designated as a nonessential experimental population
(NEP)? We have designated three populations of this species as NEPs:
The North Fork Holston River Watershed NEP, the Tellico River NEP, and
the French Broad River and Holston River NEP.
(i) The North Fork Holston River Watershed NEP area is within the
species' historic range and is defined as follows: The North Fork
Holston River watershed, Washington, Smyth, and Scott Counties,
Virginia; South Fork Holston River watershed upstream to Ft. Patrick
Henry Dam, Sullivan County, Tennessee; and the Holston River from the
confluence of the North and South Forks downstream to the John Sevier
Detention Lake Dam, Hawkins County, Tennessee. This site is totally
isolated from existing populations of this species by large Tennessee
River tributaries and reservoirs. As the species is not known to
inhabit reservoirs and because individuals of the species are not
likely to move 100 river miles through these large reservoirs, the
possibility that this population could come in contact with extant wild
populations is unlikely.
(ii) The Tellico River NEP area is within the species' historic
range and is defined as follows: The Tellico River, between the
backwaters of the Tellico Reservoir (approximately Tellico River mile
19 (30.4 kilometers) and Tellico River mile 33 (52.8 kilometers), near
the Tellico Ranger Station, Monroe County, Tennessee. This species is
not currently known to exist in the Tellico River or its tributaries.
Based on its habitat requirements, we do not expect this species to
become established outside this NEP area. However, if individuals of
this population move upstream or downstream or into tributaries outside
the designated NEP area, we would presume that they came from the
reintroduced population. We would then amend this regulation to enlarge
the boundaries of the NEP area to include the entire range of the
expanded population.
(iii) The French Broad River and Holston River NEP area is within
the species' historic range and is defined as follows: The French Broad
River, Knox and Sevier Counties, Tennessee, from the base of Douglas
Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with
the Holston River; then up the Holston River, Knox, Grainger, and
Jefferson Counties, Tennessee, to the base of Cherokee Dam (RM 52.3
(83.7 km)); and the lower 5 RM (8 km) of all tributaries that enter
these river reaches. This species is not known to exist in any of the
tributaries to the free-flowing reaches of the French Broad River below
Douglas Dam, Knox and Sevier Counties, Tennessee, or of the Holston
River below the Cherokee Dam, Knox, Grainger, and Jefferson Counties,
Tennessee. Based on its habitat requirements, we do not expect this
species to become established outside this NEP area. However, if
individuals of this population move upstream or downstream or into
tributaries outside the designated NEP area, we would presume that they
came from the reintroduced population. We would then amend this
regulation to enlarge the boundaries of the NEP area to include the
entire range of the expanded population.
(iv) We do not intend to change the NEP designations to ``essential
experimental,'' ``threatened,'' or ``endangered'' within the NEP areas.
Additionally, we will not designate critical habitat for these NEPs, as
provided by 16 U.S.C. 1539(j)(2)(C)(ii).
(2) What activities are not allowed in the NEP areas? (i) Except as
expressly allowed in paragraph (e)(3) of this section, all the
prohibitions of Sec. 17.31 (a) and (b) apply to the yellowfin madtom.
(ii) Any manner of take not described under paragraph (e)(3) of
this section is prohibited in the NEP area. We may refer unauthorized
take of this species to the appropriate authorities for prosecution.
(iii) You may not possess, sell, deliver, carry, transport, ship,
import, or export by any means whatsoever any of the identified fishes,
or parts thereof, that are taken or possessed in violation of paragraph
(e)(2) of this section or in violation of the applicable State fish and
wildlife laws or regulations or the Act.
[[Page 34222]]
(iv) You may not attempt to commit, solicit another to commit, or
cause to be committed any offense defined in paragraph (e)(2) of this
section.
(3) What take is allowed in the NEP area? Take of this species that
is accidental and incidental to an otherwise legal activity, such as
recreation (e.g., fishing, boating, wading, trapping, or swimming),
forestry, agriculture, and other activities that are in accordance with
Federal, State, and local laws and regulations, is allowed.
(4) How will the effectiveness of these reintroductions be
monitored? After the initial stocking of fish, we will monitor annually
their presence or absence and document any spawning behavior or young-
of-the-year fish that might be present. This monitoring will be
conducted primarily by snorkeling or seining and will be accomplished
by contracting with the appropriate species experts. We will produce
annual reports detailing the stocking rates and monitoring activities
that took place during the previous year. We will also fully evaluate
these reintroduction efforts after 5 and 10 years to determine whether
to continue or terminate the reintroduction efforts.
(5) Note: Map of the NEP area for the yellowfin madtom in the
Tellico River, Tennessee, appears immediately following paragraph
(m)(5) of this section.
(6) Note: Map of the NEP area for the yellowfin madtom in the
French Broad River and Holston River, Tennessee, appears immediately
following paragraph (m)(7) of this section.
* * * * *
(m) Spotfin chub (=turquoise shiner) (Erimonax monachus).
(1) Where is the spotfin chub designated as a nonessential
experimental population (NEP)? We have designated three populations of
this species as NEPs: The Tellico River NEP, the Shoal Creek NEP, and
the French Broad River and Holston River NEP.
(i) The Tellico River NEP area is within the species' probable
historic range and is defined as follows: The Tellico River, between
the backwaters of the Tellico Reservoir (approximately Tellico River
mile 19 (30.4 kilometers (km)) and Tellico River mile 33 (52.8 km),
near the Tellico Ranger Station, Monroe County, Tennessee. This species
is not currently known to exist in the Tellico River or its
tributaries. Based on its habitat requirements, we do not expect this
species to become established outside this NEP area. However, if
individuals of this population move upstream or downstream or into
tributaries outside the designated NEP area, we would presume that they
came from the reintroduced population. We would then amend this
regulation to enlarge the boundaries of the NEP area to include the
entire range of the expanded population.
(ii) The Shoal Creek NEP area is within the species' historic range
and is defined as follows: Shoal Creek (from Shoal Creek mile 41.7
(66.7 km)) at the mouth of Long Branch, Lawrence County, TN, downstream
to the backwaters of Wilson Reservoir (Shoal Creek mile 14 (22 km)) at
Goose Shoals, Lauderdale County, AL, including the lower 5 miles (8 km)
of all tributaries that enter this reach. This species is not currently
known to exist in the Shoal Creek or its tributaries. Based on its
habitat requirements, we do not expect this species to become
established outside this NEP area. However, if individuals of this
population move upstream or downstream or into tributaries outside the
designated NEP area, we would presume that they came from the
reintroduced population. We would then amend this regulation to enlarge
the boundaries of the NEP area to include the entire range of the
expanded population.
(iii) The French Broad River and Holston River NEP area is within
the species' historic range and is defined as follows: the French Broad
River, Knox and Sevier Counties, Tennessee, from the base of Douglas
Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with
the Holston River; then up the Holston River, Knox, Grainger, and
Jefferson Counties, Tennessee, to the base of Cherokee Dam (RM 52.3
(83.7 km)); and the lower 5 RM (8 km) of all tributaries that enter
these river reaches. This species is not known to exist in any of the
tributaries to the free-flowing reaches of the French Broad River below
Douglas Dam, Knox and Sevier Counties, Tennessee, or of the Holston
River below the Cherokee Dam, Knox, Grainger, and Jefferson Counties,
Tennessee. Based on its habitat requirements, we do not expect this
species to become established outside this NEP area. However, if
individuals of this population move upstream or downstream or into
tributaries outside the designated NEP area, we would presume that they
came from the reintroduced population. We would then amend this
regulation to enlarge the boundaries of the NEP area to include the
entire range of the expanded population.
(iv) We do not intend to change the NEP designations to ``essential
experimental,'' ``threatened,'' or ``endangered'' within the NEP area.
Additionally, we will not designate critical habitat for these NEPs, as
provided by 16 U.S.C. 1539(j)(2)(C)(ii).
(2) What activities are not allowed in the NEP area? (i) Except as
expressly allowed in paragraph (m)(3) of this section, all the
provisions of Sec. 17.31(a) and (b) apply to the spotfin chub.
(ii) Any manner of take not described under paragraph (m)(3) of
this section is prohibited in the NEP area. We may refer unauthorized
take of this species to the appropriate authorities for prosecution.
(iii) You may not possess, sell, deliver, carry, transport, ship,
import, or export by any means whatsoever any of the identified fishes,
or parts thereof, that are taken or possessed in violation of paragraph
(m)(2) of this section or in violation of the applicable State fish and
wildlife laws or regulations or the Act.
(iv) You may not attempt to commit, solicit another to commit, or
cause to be committed any offense defined in paragraph (m)(2) of this
section.
(3) What take is allowed in the NEP area? Take of this species that
is accidental and incidental to an otherwise legal activity, such as
recreation (e.g., fishing, boating, wading, trapping, or swimming),
forestry, agriculture, and other activities that are in accordance with
Federal, State, and local laws and regulations, is allowed.
(4) How will the effectiveness of these reintroductions be
monitored? (i) In the Tellico River NEP area, we will prepare periodic
progress reports and fully evaluate these reintroduction efforts after
5 and 10 years to determine whether to continue or terminate the
reintroduction efforts.
(ii) In the Shoal Creek NEP area and the French Broad River and
Holston River NEP area, after the initial stocking of fish, we will
monitor annually their presence or absence and document any spawning
behavior or young-of-the-year fish that might be present. This
monitoring will be conducted primarily by snorkeling or seining and
will be accomplished by contracting with the appropriate species
experts. We will produce annual reports detailing the stocking rates
and monitoring activities that took place during the previous year. We
will also fully evaluate these reintroduction efforts after 5 and 10
years to determine whether to continue or terminate the reintroduction
efforts.
(5) Note: Map of the Tellico River NEP area for spotfin chub, dusky
darter, smoky madtom, and yellowfin madtom in Tennessee follows:
BILLING CODE 4310-55-P
[[Page 34223]]
[GRAPHIC] [TIFF OMITTED] TP13JN06.017
[[Page 34224]]
(6) Note: Map of the Shoal Creek NEP area for spotfin chub and
boulder darter in Tennessee and Alabama follows:
[GRAPHIC] [TIFF OMITTED] TP13JN06.018
[[Page 34225]]
(7) Note: Map of the French Broad River and Holston River NEP area
for spotfin chub, slender chub, duskytail darter, pygmy madtom, and
yellowtail madtom in Tennessee follows:
[GRAPHIC] [TIFF OMITTED] TP13JN06.019
[[Page 34226]]
* * * * *
(o) Boulder darter (Etheostoma wapiti).
(1) Where is the boulder darter designated as a nonessential
experimental population (NEP)? (i) The NEP area for the boulder darter
is within the species' historic range and is defined as follows: Shoal
Creek (from Shoal Creek mile 41.7 (66.7 km)) at the mouth of Long
Branch, Lawrence County, TN, downstream to the backwaters of Wilson
Reservoir (Shoal Creek mile 14 (22 km)) at Goose Shoals, Lauderdale
County, AL, including the lower 5 miles (8 km) of all tributaries that
enter this reach.
(ii) The boulder darter is not currently known to exist in Shoal
Creek or its tributaries. Based on the habitat requirements of this
fish, we do not expect it to become established outside the NEP area.
However, if any individuals of the species move upstream or downstream
or into tributaries outside the designated NEP area, we would presume
that they came from the reintroduced population. We would then amend
paragraph (o)(1)(i) of this section to enlarge the boundaries of the
NEP area to include the entire range of the expanded population.
(iii) We do not intend to change the NEP designations to
``essential experimental,'' ``threatened,'' or ``endangered'' within
the NEP area. Additionally, we will not designate critical habitat for
these NEPs, as provided by 16 U.S.C. 1539(j)(2)(C)(ii).
(2) What activities are not allowed in the NEP area? (i) Except as
expressly allowed in paragraph (o)(3) of this section, all the
provisions of Sec. 17.31(a) and (b) apply to the boulder darter.
(ii) Any manner of take not described under paragraph (o)(3) of
this section is prohibited in the NEP area. We may refer unauthorized
take of these species to the appropriate authorities for prosecution.
(iii) You may not possess, sell, deliver, carry, transport, ship,
import, or export by any means whatsoever any of the identified fishes,
or parts thereof, that are taken or possessed in violation of paragraph
(o)(2) of this section or in violation of the applicable State fish and
wildlife laws or regulations or the Act.
(iv) You may not attempt to commit, solicit another to commit, or
cause to be committed any offense defined in paragraph (o)(2) of this
section.
(3) What take is allowed in the NEP area? Take of this species that
is accidental and incidental to an otherwise legal activity, such as
recreation (e.g., fishing, boating, wading, trapping, or swimming),
forestry, agriculture, and other activities that are in accordance with
Federal, State, and local laws and regulations, is allowed.
(4) How will the effectiveness of these reintroductions be
monitored? After the initial stocking of fish, we will monitor annually
their presence or absence and document any spawning behavior or young-
of-the-year fish that might be present. This monitoring will be
conducted primarily by snorkeling or seining and will be accomplished
by contracting with the appropriate species experts. We will produce
annual reports detailing the stocking rates and monitoring activities
that took place during the previous year. We will also fully evaluate
these reintroduction efforts after 5 and 10 years to determine whether
to continue or terminate the reintroduction efforts.
(5) Note: Map of the NEP area for the boulder darter in the Shoal
Creek, Tennessee and Alabama, appears immediately following paragraph
(m)(6) of this section.
(p) Duskytail darter (Etheostoma percnurum).
(1) Where is the duskytail darter designated as a nonessential
experimental population (NEP)? We have designated two populations of
this species as NEPs: The Tellico River NEP and the French Broad River
and Holston River NEP.
(i) The Tellico River NEP area is within the species' historic
range and is defined as follows: The Tellico River, between the
backwaters of the Tellico Reservoir (approximately Tellico River mile
19 (30.4 kilometers) and Tellico River mile 33 (52.8 kilometers), near
the Tellico Ranger Station, Monroe County, Tennessee. This species is
not currently known to exist in the Tellico River or its tributaries.
Based on its habitat requirements, we do not expect this species to
become established outside this NEP area. However, if individuals of
this population move upstream or downstream or into tributaries outside
the designated NEP area, we would presume that they came from the
reintroduced population. We would then amend this regulation to enlarge
the boundaries of the NEP area to include the entire range of the
expanded population.
(ii) The French Broad River and Holston River NEP area is within
the species' historic range and is defined as follows: the French Broad
River, Knox and Sevier Counties, Tennessee, from the base of Douglas
Dam (river mile (RM) 32.3 (51.7 km)) downstream to the confluence with
the Holston River; then up the Holston River, Knox, Grainger, and
Jefferson Counties, Tennessee, to the base of Cherokee Dam (RM 52.3
(83.7 km)); and the lower 5 RM (8 km) of all tributaries that enter
these river reaches. This species is not known to exist in any of the
tributaries to the free-flowing reaches of the French Broad River below
Douglas Dam, Knox and Sevier Counties, Tennessee, or of the Holston
River below the Cherokee Dam, Knox, Grainger, and Jefferson Counties,
Tennessee. Based on its habitat requirements, we do not expect this
species to become established outside this NEP area. However, if
individuals of this population move upstream or downstream or into
tributaries outside the designated NEP area, we would presume that they
came from the reintroduced population. We would then amend this
regulation to enlarge the boundaries of the NEP area to include the
entire range of the expanded population.
(iii) We do not intend to change the NEP designations to
``essential experimental,'' ``threatened,'' or ``endangered'' within
the NEP area. Additionally, we will not designate critical habitat for
these NEPs, as provided by 16 U.S.C. 1539(j)(2)(C)(ii).
(2) What activities are not allowed in the NEP area? (i) Except as
expressly allowed in paragraph (q)(3) of this section, all the
prohibitions of Sec. 17.31(a) and (b) apply to the duskytail darter.
(ii) Any manner of take not described under paragraph (q)(3) of
this section is prohibited in the NEP area. We may refer unauthorized
take of this species to the appropriate authorities for prosecution.
(iii) You may not possess, sell, deliver, carry, transport, ship,
import, or export by any means whatsoever any of the identified fishes,
or parts thereof, that are taken or possessed in violation of paragraph
(q)(2) of this section or in violation of the applicable State fish and
wildlife laws or regulations or the Act.
(iv) You may not attempt to commit, solicit another to commit, or
cause to be committed any offense defined in paragraph (q)(2) of this
section.
(3) What take is allowed in the NEP area? Take of this species that
is accidental and incidental to an otherwise legal activity, such as
recreation (e.g., fishing, boating, wading, trapping, or swimming),
forestry, agriculture, and other activities that are in accordance with
Federal, State, and local laws and regulations, is allowed.
(4) How will the effectiveness of these reintroductions be
monitored? After the initial stocking of fish, we will monitor annually
their presence or absence and document any spawning behavior or young-
of-the-year fish that might be present. This monitoring will be
conducted primarily by snorkeling or seining and will be accomplished
by
[[Page 34227]]
contracting with the appropriate species experts. We will produce
annual reports detailing the stocking rates and monitoring activities
that took place during the previous year. We will also fully evaluate
these reintroduction efforts after 5 and 10 years to determine whether
to continue or terminate the reintroduction efforts.
(5) Note: Map of the NEP area for the duskytail darter in the
Tellico River, Tennessee, appears immediately following paragraph
(m)(5) of this section.
(6) Note: Map of the NEP area for the duskytail darter in the
French Broad River and Holston River, Tennessee, appears immediately
following paragraph (m)(7) of this section.
(q) Smoky madtom (Noturus baileyi).
(1) Where is the smoky madtom designated as a nonessential
experimental population (NEP)? (i) The NEP area for the smoky madtom is
within the species' probable historic range and is defined as follows:
The Tellico River, between the backwaters of the Tellico Reservoir
(approximately Tellico River mile 19 (30.4 kilometers) and Tellico
River mile 33 (52.8 kilometers), near the Tellico Ranger Station,
Monroe County, Tennessee.
(ii) The smoky madtom is not currently known to exist in the
Tellico River or its tributaries. Based on the habitat requirements of
this fish, we do not expect it to become established outside the NEP
area. However, if any individuals of the species move upstream or
downstream or into tributaries outside the designated NEP area, we
would presume that they came from the reintroduced population. We would
then amend paragraph (r)(1)(i) of this section to enlarge the
boundaries of the NEP area to include the entire range of the expanded
population.
(iii) We do not intend to change the NEP designations to
``essential experimental,'' ``threatened,'' or ``endangered'' within
the NEP area. Additionally, we will not designate critical habitat for
this NEP, as provided by 16 U.S.C. 1539(j)(2)(C)(ii).
(2) What activities are not allowed in the NEP area? (i) Except as
expressly allowed in paragraph (r)(3) of this section, all the
prohibitions of Sec. 17.31 (a) and (b) apply to the smoky madtom.
(ii) Any manner of take not described under paragraph (r)(3) of
this section is prohibited in the NEP area. We may refer unauthorized
take of this species to the appropriate authorities for prosecution.
(iii) You may not possess, sell, deliver, carry, transport, ship,
import, or export by any means whatsoever any of the identified fishes,
or parts thereof, that are taken or possessed in violation of paragraph
(r)(2) of this section or in violation of the applicable State fish and
wildlife laws or regulations or the Act.
(iv) You may not attempt to commit, solicit another to commit, or
cause to be committed any offense defined in paragraph (r)(2) of this
section.
(3) What take is allowed in the NEP area? Take of this species that
is accidental and incidental to an otherwise legal activity, such as
recreation (e.g., fishing, boating, wading, trapping, or swimming),
forestry, agriculture, and other activities that are in accordance with
Federal, State, and local laws and regulations, is allowed.
(4) How will the effectiveness of these reintroductions be
monitored? After the initial stocking of fish, we will monitor annually
their presence or absence and document any spawning behavior or young-
of-the-year fish that might be present. This monitoring will be
conducted primarily by snorkeling or seining and will be accomplished
by contracting with the appropriate species experts. We will produce
annual reports detailing the stocking rates and monitoring activities
that took place during the previous year. We will also fully evaluate
these reintroduction efforts after 5 and 10 years to determine whether
to continue or terminate the reintroduction efforts.
(5) Note: Map of the NEP area for the smoky madtom in the Tellico
River, Tennessee, appears immediately following paragraph (m)(5) of
this section.
(r) Slender chub (Erimystax cahni).
(1) Where is the slender chub designated as a nonessential
experimental population (NEP)? (i) The NEP area for the slender chub is
within the species' historic range and is defined as follows: The
French Broad River, Knox and Sevier Counties, Tennessee, from the base
of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the
confluence with the Holston River; then up the Holston River, Knox,
Grainger, and Jefferson Counties, Tennessee, to the base of Cherokee
Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tributaries
that enter these river reaches.
(ii) The slender chub is not known to exist in any of the
tributaries to the free-flowing reaches of the French Broad River below
Douglas Dam, Knox and Sevier Counties, Tennessee, or of the Holston
River below the Cherokee Dam, Knox, Grainger, and Jefferson Counties,
Tennessee. Based on its habitat requirements, we do not expect this
species to become established outside this NEP area. However, if
individuals of this population move upstream or downstream or into
tributaries outside the designated NEP area, we would presume that they
came from the reintroduced population. We would then amend this
regulation to enlarge the boundaries of the NEP area to include the
entire range of the expanded population.
(iii) We do not intend to change the NEP designations to
``essential experimental,'' ``threatened,'' or ``endangered'' within
the NEP area. Additionally, we will not designate critical habitat for
this NEP, as provided by 16 U.S.C. 1539(j)(2)(C)(ii).
(2) What activities are not allowed in the NEP area? (i) Except as
expressly allowed in paragraph (s)(3) of this section, all the
prohibitions of Sec. 17.31 (a) and (b) apply to the slender chub.
(ii) Any manner of take not described under paragraph (s)(3) of
this section is prohibited in the NEP area. We may refer unauthorized
take of this species to the appropriate authorities for prosecution.
(iii) You may not possess, sell, deliver, carry, transport, ship,
import, or export by any means whatsoever any of the identified fishes,
or parts thereof, that are taken or possessed in violation of paragraph
(s)(2) of this section or in violation of the applicable State fish and
wildlife laws or regulations or the Act.
(iv) You may not attempt to commit, solicit another to commit, or
cause to be committed any offense defined in paragraph (s)(2) of this
section.
(3) What take is allowed in the NEP area? Take of this species that
is accidental and incidental to an otherwise legal activity, such as
recreation (e.g., fishing, boating, wading, trapping, or swimming),
forestry, agriculture, and other activities that are in accordance with
Federal, State, and local laws and regulations, is allowed.
(4) How will the effectiveness of these reintroductions be
monitored? After the initial stocking of fish, we will monitor annually
their presence or absence and document any spawning behavior or young-
of-the-year fish that might be present. This monitoring will be
conducted primarily by snorkeling or seining and will be accomplished
by contracting with the appropriate species experts. We will produce
annual reports detailing the stocking rates and monitoring activities
that took place during the previous year. We will also fully evaluate
these reintroduction efforts after 5 and 10 years to determine whether
to continue or terminate the reintroduction efforts.
(5) Note: Map of the NEP area for the slender chub in the French
Broad River and Holston River, Tennessee, appears
[[Page 34228]]
immediately following paragraph (m)(7) of this section.
(s) Pygmy madtom (Noturus stanauli).
(1) Where is the pygmy madtom designated as a nonessential
experimental population (NEP)? (i) The NEP area for the pygmy madtom is
within the species' historic range and is defined as follows: The
French Broad River, Knox and Sevier Counties, Tennessee, from the base
of Douglas Dam (river mile (RM) 32.3 (51.7 km)) downstream to the
confluence with the Holston River; then up the Holston River, Knox,
Grainger, and Jefferson Counties, Tennessee, to the base of Cherokee
Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tributaries
that enter these river reaches.
(ii) The pygmy madtom is not known to exist in any of the
tributaries to the free-flowing reaches of the French Broad River below
Douglas Dam, Knox and Sevier Counties, Tennessee, or of the Holston
River below the Cherokee Dam, Knox, Grainger, and Jefferson Counties,
Tennessee. Based on its habitat requirements, we do not expect this
species to become established outside this NEP area. However, if
individuals of this population move upstream or downstream or into
tributaries outside the designated NEP area, we would presume that they
came from the reintroduced population. We would then amend this
regulation to enlarge the boundaries of the NEP area to include the
entire range of the expanded population.
(iii) We do not intend to change the NEP designations to
``essential experimental,'' ``threatened,'' or ``endangered'' within
the NEP area. Additionally, we will not designate critical habitat for
this NEP, as provided by 16 U.S.C. 1539(j)(2)(C)(ii).
(2) What activities are not allowed in the NEP area? (i) Except as
expressly allowed in paragraph (t)(3) of this section, all the
prohibitions of Sec. 17.31 (a) and (b) apply to the pygmy madtom.
(ii) Any manner of take not described under paragraph (t)(3) of
this section is prohibited in the NEP area. We may refer unauthorized
take of this species to the appropriate authorities for prosecution.
(iii) You may not possess, sell, deliver, carry, transport, ship,
import, or export by any means whatsoever any of the identified fishes,
or parts thereof, that are taken or possessed in violation of paragraph
(t)(2) of this section or in violation of the applicable State fish and
wildlife laws or regulations or the Act.
(iv) You may not attempt to commit, solicit another to commit, or
cause to be committed any offense defined in paragraph (t)(2) of this
section.
(3) What take is allowed in the NEP area? Take of this species that
is accidental and incidental to an otherwise legal activity, such as
recreation (e.g., fishing, boating, wading, trapping, or swimming),
forestry, agriculture, and other activities that are in accordance with
Federal, State, and local laws and regulations, is allowed.
(4) How will the effectiveness of these reintroductions be
monitored? After the initial stocking of fish, we will monitor annually
their presence or absence and document any spawning behavior or young-
of-the-year fish that might be present. This monitoring will be
conducted primarily by snorkeling or seining and will be accomplished
by contracting with the appropriate species experts. We will produce
annual reports detailing the stocking rates and monitoring activities
that took place during the previous year. We will also fully evaluate
these reintroduction efforts after 5 and 10 years to determine whether
to continue or terminate the reintroduction efforts.
(5) Note: Map of the NEP area for the pygmy madtom in the French
Broad River and Holston River, Tennessee, appears immediately following
paragraph (m)(7) of this section.
4. Amend Sec. 17.85 by revising paragraph (a) introductory text
and the heading of paragraph (a)(1), and adding a new paragraph (b) to
read as follows:
Sec. 17.85 Special rules--invertebrates.
(a) Seventeen mollusks in the Tennessee River. The species in the
following table comprise nonessential experimental populations (NEPs):
------------------------------------------------------------------------
Common name Scientific name
------------------------------------------------------------------------
Alabama lampmussel.......... Lampsilis virescens.
birdwing pearlymussel....... Lemiox rimosus.
Catspaw (purple cat's paw Epioblasma obliquata obliquata.
pearlymussel).
clubshell................... Pleurobema clava.
cracking pearlymussel....... Hemistena lata.
Cumberland bean Villosa trabalis.
(pearlymussel).
Cumberlandian combshell..... Epioblasma brevidens.
Cumberland monkeyface Quadrula intermedia.
(pearlymussel).
dromedary pearlymussel...... Dromus dromas.
fine-rayed pigtoe........... Fusconaia cuneolus.
oyster mussel............... Epioblasma capsaeformis.
shiny pigtoe................ Fusconaia cor.
tubercled blossom Epioblasma torulosa torulosa.
(pearlymussel).
turgid blossom Epioblasma turgidula.
(pearlymussel).
Winged mapleleaf (mussel)... Quadrula fragosa.
yellow blossom Epioblasma florentina florentina.
(pearlymussel).
Anthony's riversnail........ Athearnia anthonyi.
------------------------------------------------------------------------
(1) Where are these mollusks designated as NEPs? * * *
* * * * *
(b) Sixteen mollusks in the French Broad and Holston Rivers. The
species in the following table comprise nonessential experimental
populations (NEPs):
------------------------------------------------------------------------
Common name Scientific name
------------------------------------------------------------------------
Appalachian monkeyface Quadrula sparsa.
(pearlymussel).
birdwing pearlymussel....... Lemiox rimosus.
cracking pearlymussel....... Hemistena lata.
Cumberland bean Villosa trabalis.
(pearlymussel).
Cumberlandian combshell..... Epioblasma brevidens.
[[Page 34229]]
Cumberland monkeyface Quadrula intermedia.
(pearlymussel).
dromedary pearlymussel...... Dromus dromas.
fanshell.................... Cyprogenia stegaria.
fine-rayed pigtoe........... Fusconaia cuneolus.
orangefoot pimpleback Plethobasus cooperianus.
(pearlymussel).
oyster mussel............... Epioblasma capsaeformis.
ring pink (mussel).......... Obovaria retusa.
rough pigtoe................ Pleurobema plenum.
shiny pigtoe................ Fusconaia cor.
white wartyback Plethobasus cicatricosus.
(pearlymussel).
Anthony's riversnail........ Athearnia anthonyi.
------------------------------------------------------------------------
(1) Where are these mollusks designated as NEPs? (i) The NEP area
for these mollusks is within the species' historical range and is
defined as follows: The French Broad River, Knox and Sevier Counties,
Tennessee, from the base of Douglas Dam (river mile (RM) 32.3 (51.7
kilometers (km)) downstream to the confluence with the Holston River;
then up the Holston River, Knox, Grainger, and Jefferson Counties,
Tennessee, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the
lower 5 RM (8 km) of all tributaries that enter these river reaches.
None of the species identified in paragraph (b) are known to exist in
any of the tributaries to the free-flowing reaches of the French Broad
River below Douglas Dam, Knox and Sevier Counties, Tennessee, or of the
Holston River below the Cherokee Dam, Knox, Grainger, and Jefferson
Counties, Tennessee. Based on their habitat requirements, we do not
expect these species to become established outside this NEP area.
However, if any individuals are found upstream or downstream or into
tributaries outside the designated NEP area, we would presume that they
came from the reintroduced populations. We would then amend paragraph
(b)(1)(i) of this section to enlarge the boundaries of the NEP area to
include the entire range of the expanded population.
(ii) Another NEP area for 10 of these mollusks (Cumberland bean,
Cumberlandian combshell, Cumberland monkeyface, oyster mussel, birdwing
pearlymussel, cracking pearlymussel, dromedary pearlymussel, fine-rayed
pigtoe, shiny pigtoe, and Anthony's riversnail) is provided in
paragraph (a) of this section.
(iii) We do not intend to change the NEP designations to
``essential experimental,'' ``threatened,'' or ``endangered'' within
the NEP area. Additionally, we will not designate critical habitat for
these NEPs, as provided by 16 U.S.C. 1539(j)(2)(C)(ii).
(2) What activities are not allowed in the NEP area? (i) Except as
expressly allowed in paragraph (b)(3) of this section, all the
prohibitions of Sec. 17.31(a) and (b) apply to the mollusks identified
in paragraph (b) of this section.
(ii) Any manner of take not described under paragraph (b)(3) of
this section will not be allowed in the NEP area. We may refer the
unauthorized take of these species to the appropriate authorities for
prosecution.
(iii) You may not possess, sell, deliver, carry, transport, ship,
import, or export by any means whatsoever any of the identified
mollusks, or parts thereof, that are taken or possessed in violation of
paragraph (b)(2) of this section or in violation of the applicable
State fish and wildlife laws or regulations or the Act.
(iv) You may not attempt to commit, solicit another to commit, or
cause to be committed any offense defined in paragraph (b)(2) of this
section.
(3) What take is allowed in the NEP area? Take of these species
that is accidental and incidental to an otherwise legal activity, such
as recreation (e.g., fishing, boating, wading, trapping, or swimming),
forestry, agriculture, and other activities that are in accordance with
Federal, State, and local laws and regulations, is allowed.
(4) How will effectiverness of these reintroductions be monitored?
After the initial stocking of these species, we will monitor annually
their presence or absence and document any spawning behavior or young-
of-the-year individuals that might be present. This monitoring will be
conducted primarily by snorkeling and will be accomplished by
contracting with the appropriate species experts. We will produce
annual reports detailing the stocking rates and monitoring activities
that took place during the previous year. We will also fully evaluate
these reintroduction efforts after 5 and 10 years to determine whether
to continue or terminate the reintroduction efforts.
(5) Note: Map of the NEP area in Tennessee for the 16 mollusks
listed in paragraph (b) of this section follows:
BILLING CODE 4310-55-P
[[Page 34230]]
[GRAPHIC] [TIFF OMITTED] TP13JN06.020
Dated: May 19, 2006.
Matt Hogan,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 06-5233 Filed 6-12-06; 8:45 am]
BILLING CODE 4310-55-C