[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Rules and Regulations]
[Pages 69417-69425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24138]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2015-0142; 4500030113]
RIN 1018-BB09


Endangered and Threatened Wildlife and Plants; Threatened Species 
Status for Suwannee Moccasinshell

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine 
threatened species status under the Endangered Species Act of 1973 
(Act), as amended, for the Suwannee moccasinshell (Medionidus walkeri), 
a freshwater mussel species from the Suwannee River Basin in Florida 
and Georgia. The effect of this regulation will be to add this species 
to the List of Endangered and Threatened Wildlife.

DATES: This rule becomes effective November 7, 2016.

ADDRESSES: This final rule is available on the internet at http://www.regulations.gov at Docket No. FWS-R4-ES-2015-0142 and the Panama 
City Ecological Services Field Office. Comments and materials we 
received, as well as supporting documentation we used in preparing this 
rule, are available for public inspection at http://www.regulations.gov. Comments, materials, and documentation that we 
considered in this rulemaking will be available by appointment, during 
normal business hours at: U.S. Fish and Wildlife Service, Panama City 
Ecological Services Field Office, 1601 Balboa Avenue, Panama City, FL 
32405; by telephone 850-769-0552; or by facsimile at 850-763-2177.

FOR FURTHER INFORMATION CONTACT: Catherine T. Phillips, Project Leader, 
U.S. Fish and Wildlife Service, Panama City Ecological Services Field 
Office, 1601 Balboa Avenue, Panama City, FL 32405; by telephone 850-
769-0552; or by facsimile at 850-763-2177. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    Why we need to publish a rule. Under the Endangered Species Act 
(Act), a species may require protection through listing if it is 
endangered or threatened throughout all or a significant portion of its 
range. Listing a species as an endangered or threatened species can 
only be completed by issuing a rule.
    What this document does. This rule will finalize the listing of the 
Suwannee moccasinshell (Medionidus walkeri) as a threatened species. In 
the near future, we intend to publish a proposed rule in the Federal 
Register to designate critical habitat for the Suwannee moccasinshell 
under the Act.
    The basis for our action. Under the Act, we may determine that a 
species is an endangered or threatened species based on any of five 
factors: (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
disease or predation; (D) the inadequacy of existing regulatory 
mechanisms; or (E) other natural or manmade factors affecting its 
continued existence. We have determined that the Suwannee moccasinshell 
is threatened by the degradation of its habitat due to polluted runoff 
from agricultural lands, pollutants discharged or accidentally released 
from industrial and municipal wastewater sources and mining operations, 
decreased flows due to groundwater extraction and drought, stream 
channel instability, and excessive sedimentation (Factor A); State and 
Federal water quality standards that are inadequate to protect 
sensitive aquatic organisms like mussels (Factor D); the potential of 
contaminant spills as a result of transportation accidents (Factor E); 
increased drought frequency and degraded water quality as a result of 
changing climatic conditions (Factor E); greater vulnerability to 
certain threats because of small population size and range (Factor E); 
and competition and disturbance from the introduced Asian clam (Factor 
E).
    Peer review and public comment. We sought comments from independent 
specialists to ensure that our listing rule is based on scientifically 
sound data, assumptions, and analyses. We invited three peer reviewers 
with expertise in Suwannee moccasinshell biology and ecology, and 
freshwater mussel biology and conservation, to comment on our listing 
proposal. We also considered all other comments and information 
received during the public comment period. All comments and information 
received are available on the internet at http://www.regulations.gov in 
Docket No. FWS-R4-ES-2015-0142.

Previous Federal Action

    Please refer to the proposed listing rule for the Suwannee 
moccasinshell

[[Page 69418]]

(80 FR 60335; October 6, 2015) for a detailed description of previous 
Federal actions concerning this species.

Background

    For a more detailed discussion of the biology, status, and threats 
affecting the species, please refer to the proposed listing rule for 
the Suwannee moccasinshell published in the Federal Register on October 
6, 2015 (80 FR 60335). In the proposed rule, we evaluated the 
biological status of the species and factors affecting its continued 
existence. Our assessment was based upon the best available scientific 
and commercial data available on the status of the species, including 
past, present, and future threats to the species.

Summary of Comments and Recommendations

    In the proposed rule published on October 6, 2015 (80 FR 60335), we 
requested that all interested parties submit written comments on the 
proposal by December 7, 2015. We also contacted appropriate Federal and 
State agencies, scientific experts and organizations, and other 
interested parties and invited them to comment on the proposal. 
Newspaper notices inviting general public comment were published in The 
Lake City Reporter, Columbia County, FL; The Gainesville Sun, Alachua 
County, FL; and The Valdosta Daily Times, Lowndes County, GA. During 
the public comment period, we received public comments from 11 
individuals or organizations, including 3 submissions by the 
individuals asked to serve as peer reviewers. We did not receive any 
requests for a public hearing. All substantive information provided 
during the comment period is summarized below in the Summary of Changes 
From the Proposed Rule and has either been incorporated directly into 
this final determination or addressed in the more specific response to 
comments below.

Comments From Peer Reviewers

    In accordance with our peer review policy published on July 1, 1994 
(59 FR 34270), we solicited expert opinion from three knowledgeable 
individuals with scientific expertise in the species' biology, habitat, 
and threats and stream ecology. We received responses from all of the 
peer reviewers.
    We reviewed all comments from the peer reviewers for substantive 
issues and new information regarding the listing of the Suwannee 
moccasinshell. In general, the peer reviewers concurred with our 
methods and conclusions. Where appropriate, we incorporated new 
information into the final rule as a result of the peer reviewer 
comments, and any substantive comments are discussed below.
    (1) Comment: One peer reviewer expressed concern that there has 
been no modern taxonomic study to assess whether the Suwannee 
moccasinshell is a distinct species from the Gulf moccasinshell. The 
peer reviewer mentioned that shell morphological traits are notoriously 
problematic taxonomic features that have led to the misclassification 
of many freshwater mussel taxa, and that only with molecular data can 
you be reasonably sure that you are dealing with separate species. The 
reviewer also added that there was no reason to suspect that the 
Suwannee moccasinshell is not a valid species.
    Our Response: We relied on the best information currently available 
regarding the taxonomy of the species. The Suwannee moccasinshell is 
considered a distinct taxonomic entity by the general scientific 
community, and we are aware of no contradicting views on the taxonomy 
of this entity. However, in the final rule we have refined our 
discussion of the species' taxonomy and added a recent publication by 
Johnson et al. (in press) to the list of authors who recognize the 
entity as a separate species.
    (2) Comment: One peer reviewer expressed concerned about the lack 
of surveys in the Withlacoochee drainage, and stated that this stream 
still supports large populations of freshwater mussels. The reviewer 
stated that there has apparently been very little recent work in the 
system, and that intensive surveys should be done in the Withlacoochee 
Drainage to determine the status of the Suwannee moccasinshell in this 
system.
    Our Response: We agree and stated in the proposed rule that 
additional survey work is needed in the Withlacoochee River subbasin 
(80 FR 60335, October 6, 2015; p. 60338). Since publishing the proposed 
rule, some additional surveys were conducted in the lower Withlacoochee 
drainage. Those surveys are included in Table 2 below. Surveyors using 
snorkel gear searched seven locations in the lower basin in September 
2015. Several mussel species were detected, but not Suwannee 
moccasinshell. Likely contributing factors for non-detection include 
the conditions noted at survey locations within this species' 
historical range, including an odor of treated sewage and considerable 
amounts of filamentous algae (an indicator of excess nutrients).
    Also, since the proposed rule was published, the Service's Panama 
City Field Office received two reports of mussel surveys conducted in 
2005 and 2007 around the State Road 31 Bridge in Georgia, where the 
Suwannee moccasinshell was collected in 1969. Comprehensive surveys 
were conducted over several days using SCUBA gear to search a 1.5-
kilometer reach (approximately) of the Withlacoochee River (Bowers 
2006, entire; Bowers 2007, entire). The species was not detected during 
these dive surveys. These additional data support our conclusion that 
the Suwannee moccasinshell may no longer occur in the Withlacoochee 
subbasin.
    (3) Comment: One peer reviewer commented that spate flows (e.g., 
sudden fast flows with high sediment loads) in the upper Santa Fe River 
should be listed as a threat.
    Our Response: We agree and have added this threat to the Factor A 
discussion under the heading of Stream Channel Instability.
    (4) Comment: One peer reviewer commented that deadhead logging, 
though probably past its heyday, is still a potential threat to the 
Suwannee moccasinshell as it can cause destabilization of microhabitat 
occupied by freshwater mussels. The peer reviewer also stated that the 
impact of constant and, in many cases, large boat wakes frequently 
striking shore is a problem, especially in the lower Santa Fe River, 
which is a relatively narrow channel frequented by large numbers of 
boats.
    Our Response: We appreciate this information, and we have added a 
discussion of both activities to the Factor A discussion under the 
heading of Stream Channel Instability.
    (5) Comment: One peer reviewer suggested deleting flathead catfish 
as a potential threat. The reviewer pointed out that there is only one 
record from the Suwannee River of flathead catfish, which was collected 
near Branford in 1989, and the species is not currently considered to 
be extant in the basin. The reviewer believed that flathead catfish may 
represent a future threat if they ever become successfully established 
in the basin.
    Our Response: Based on this information, we agree that flathead 
catfish are not a significant concern at this time and have deleted the 
discussion from the final rule.

Comments From States

    The proposed rule was reviewed by the three members of the Florida 
Fish and Wildlife Conservation Commission's (FWC) freshwater mussel 
conservation program, one of which was asked to serve as a peer 
reviewer. The

[[Page 69419]]

comments were combined into one document and submitted as a single peer 
review. The FWC reviewers provided additional information and 
clarification on threats, and provided updated information on surveys 
conducted by the agency. Their comments are addressed in Comments 3, 4, 
and 5 above, and are incorporated into the final rule as appropriate. 
The FWC generally concurred with our methods and conclusions, and 
supports the listing.
    We also received comments from the Florida Department of 
Transportation (FDOT). They are addressed below.
    (6) Comment: The FDOT expressed concern about our use of the term 
``transportation accidents'' with regard to possible contamination 
spills. The agency stated that transportation agencies have protocols 
in place to address and track these spills.
    Our Response: We continue to maintain that accidents involving 
vehicles transporting large volumes of hazardous materials are a 
potential threat to the Suwannee moccasinshell. Accidental spills of 
hazardous materials or organic materials into streams as a result of 
transportation accidents have occurred in the past. Incidents in or 
near streams that illustrate the potential risk include two train 
derailments: one on September 12, 2006, that spilled four tank cars of 
soybeans into a tributary of Yellow Leaf Creek in Alabama resulting in 
a drastic decline in dissolved oxygen, killing fishes, mussels, and 
snails (USFWS 2009); and another on January 28, 2014, that spilled up 
to 30,000 gallons of phosphoric acid into a small tributary to the 
Escambia River in Florida (NorthEscambia.com), and was contained before 
reaching critical habitat in the mainstem.
    (7) Comment: The FDOT expressed concerns regarding our discussion 
of water quality degradation and increased sedimentation. The agency 
commented that State DOTs abide by rigorous environmental permit 
processes (both Federal and State) that address these matters including 
requirements of the ESA. Specifically, roadway projects have to obtain 
a State Water Quality Certification in order for the U.S. Army Corps to 
issue a permit under section 404 of the Clean Water Act.
    Our Response: FDOT's standard Best Management Practices (BMPs) for 
erosion and sediment control are a good baseline measure to protect 
water quality. However, the success of these measures is highly 
dependent on their contractors to meticulously implement, monitor, and 
repair erosion control measures. In instances where endangered and 
threatened species are present in combination with highly erodible 
soils, a higher level of protection may be needed. While not frequent, 
instances of erosion control failures that have impacted waterways 
during road construction in Florida have been documented.
    (8) Comment: The FDOT commented that the following activities 
listed in the proposed rule (80 FR 60335, October 6, 2015; p. 60347) as 
potentially harming the Suwannee moccasinshell and, therefore, 
resulting in take, could impact State DOT projects: destruction or 
alteration of the species' habitat by discharge of fill material; 
dredging or modification of stream channels or banks; and discharge of 
pollutants into a stream or into areas hydrologically connected to a 
stream occupied by the species.
    Our Response: The majority of the stream channels currently 
occupied by the Suwannee moccasinshell, including the Suwannee River 
mainstem and the lower Withlacoochee River, are also occupied by, or 
designated as critical habitat for, the federally threatened Gulf 
sturgeon. The lower Santa Fe River is the only area occupied by 
Suwannee moccasinshell, but not by Gulf sturgeon. Therefore, because 
activities that affect the Suwannee moccasinshell would also affect the 
Gulf sturgeon or its habitat (for example, dredging, filling, 
modification of stream channels or banks, and discharge of pollutants), 
in the majority of the Suwannee moccasinshell's current range, the FDOT 
already consults on such activities. When formal section 7 consultation 
is required, we will work with the FDOT to find solutions that will 
reduce impacts to all listed species and aquatic habitats, while 
allowing the activity to proceed.

Public Comments

    (9) Comment: One commenter expressed concern about our finding that 
forestry is a contributing threat to the Suwannee moccasinshell. The 
commenter provided information on the implementation rates and 
effectiveness of forestry BMPs and cited various studies purported to 
demonstrate that forestry BMPs minimize erosion and sediment transport 
to streams below levels that degrade aquatic habitats and/or harm 
aquatic species, including the Suwannee moccasinshell.
    Response: We appreciate the commenters' support of forestry BMPs as 
a means of protecting water quality and we concur that, when properly 
implemented, forestry BMPs can reduce erosion and sedimentation levels, 
especially as compared to past forestry practices. However, the best 
available data indicate that, even when forestry BMPs are properly 
implemented, erosion rates at harvested sites, skid trails, unpaved 
haul roads, and stream crossings are significantly higher than from 
undisturbed sites. We consider sediment from silvicultural activities 
to be one of many potential sediment sources within the Suwannee River 
watershed.

Summary of Changes From the Proposed Rule

    After consideration of the comments we received during the public 
comment period (refer to Summary of Comments and Recommendations 
above), and new information published or obtained since the proposed 
rule was published, we made changes to the final listing rule. Many 
small, nonsubstantive changes and corrections, not affecting the 
determination (e.g., updating the Background section in response to 
comments, minor clarifications) were made throughout the document. 
Below is a summary of substantive changes made to the final rule.
    (1) The Taxonomy discussion was refined slightly. The 
distinctiveness of Suwannee moccasinshell as a separate species was 
further bolstered by a recent study (Johnson et al. in Press).
    (2) Table 2 was added to provide a clear and updated summary of all 
recent survey information.
    (3) The flathead catfish (Pylodictis olivaris) was removed as a 
threat to reflect information provided by the Florida FWC indicating 
that flathead catfish have not become established in the Suwannee River 
Basin.
    (4) Stream Channel Instability was added as a threat under Factor 
A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range. The new discussion adds threats identified by 
a peer reviewer that include scouring flows, boat wakes, and deadhead 
logging.

Summary of Biological Status

    Below we present a summary of the biological and distributional 
information discussed in the proposed listing rule. We also present new 
information published or obtained since the proposed rule was 
published, including a study by Johnson et al. (in Press), additional 
survey data, and information received during the comment period.
    The Suwannee moccasinshell (Medionidus walkeri) is a small 
freshwater mussel of the family Unionidae. The species was originally 
described by B.H. Wright in 1897. It was briefly considered a synonym 
of Medionidus penicillatus (Clench and

[[Page 69420]]

Turner 1956), but subsequently was recognized as a valid species by 
Johnson (1977, pp. 176-177), who described walkeri as being ``quite 
distinct'' from the other members of the genus. Its sharp posterior 
ridge and generally dark, rayless shell distinguishes it from other 
species of Medionidus in Gulf drainages (Johnson 1977, p. 177; Williams 
and Butler 1994, p. 86). Its distinctiveness as a separate species is 
recognized by recent authors (Williams and Butler 1994, pp. 85-86; 
Williams et al. 2014, pp. 278-280; Johnson et al. in Press).
    The Suwannee moccasinshell typically inhabits larger streams where 
it is found in substrates composed of muddy sand or sand with some 
gravel, and in areas with slow to moderate current (Williams and Butler 
1994, p. 86; Williams 2015, p. 2). The species is also associated with 
large woody material, and individuals are often found near embedded 
logs. Like other freshwater mussels, the Suwannee moccasinshell 
requires a fish host to complete its life cycle. Reproduction in 
freshwater mussels is unique in that they require specific fish species 
to serve as hosts for their larvae (called glochidia); the larval 
mussel must attach to the gills or fins of a suitable host fish in 
order to transform into a juvenile mussel. Parasitism serves as a means 
of upstream dispersal for this relatively sedentary group of organisms 
(Haag 2012, p. 145). A recent study examining the early life history of 
the Suwannee moccasinshell has provided information about its 
reproductive biology. Females were found gravid with mature glochidia 
from October to May (Johnson et al. in Press). In laboratory trials, 
Suwannee moccasinshell glochidia transformed only on darters--primarily 
on the blackbanded darter (Percina nigrofasciata) and to a lesser 
extent on the brown darter (Etheostoma edwini)--indicating that the 
mussel is a host specialist and dependent on darters for reproduction 
(Johnson et al. in Press). Darters are small, bottom-dwelling fish that 
generally do not move considerable distances (Freeman 1995, pp. 363-
365; Holt 2013, p. 657). Thus, the exclusive use of darters as a host 
may limit the Suwannee moccasinshell's ability to disperse and to 
recolonize some areas from which it has become extirpated.
    The Suwannee moccasinshell is endemic to the Suwannee River Basin 
in Florida and Georgia. Its historical range includes the lower and 
middle Suwannee River mainstem, and two large tributary rivers--the 
Santa Fe River subbasin and the lower Withlacoochee River mainstem 
(Williams 2015, p. 7). An evaluation of historical and recent 
collection data show that its range has declined in recent decades, and 
the species is presently known only from the middle Suwannee River and 
lower Santa Fe River in Florida. In the Suwannee River mainstem, the 
species occurs intermittently throughout a 75-mile (121-kilometer) 
reach of the middle river, and sporadically in a 28-mile (45-kilometer) 
segment of the lower Santa Fe River. The species was not detected in 
recent surveys in the Withlacoochee River or in the upper Santa Fe 
River subbasin. A summary of Suwannee moccasinshell occurrence and 
distribution by waterbody are shown in Table 1 below.
    In addition to a reduction of range, recent surveys targeting the 
Suwannee moccasinshell show that its numbers are very low. Florida FWC 
and Georgia Department of Natural Resources biologists surveyed 144 
sites during 2013-2015, covering nearly all of its historical range 
(FFWCC 2015 unpub. data; USFWS 2015 unpub. data). Suwannee 
moccasinshell densities were found to be exceedingly low in comparison 
to other mussel species, particularly in the lower Santa Fe River. A 
summary of survey results are shown in Table 2 below.

                       Table 1--Summary of Suwannee Moccasinshell Populations by Waterbody
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                                                                                             Distribution and
                 Water body                      State and county        Occurrence *            abundance
----------------------------------------------------------------------------------------------------------------
Suwannee River mainstem....................  FL: Madison Suwannee,    Recent............  Occurs in a 75-mile
                                              Lafayette, Gilchrist,                        reach of middle
                                              Dixie, Levy.                                 river; abundance low
                                                                                           but population
                                                                                           stable. May be
                                                                                           extirpated from the
                                                                                           lower river.
Lower Santa Fe River.......................  FL: Suwannee,            Recent............  Occurs in 28-mile
                                              Gilchrist, Columbia,                         reach in lower river;
                                              Alachua, Union,                              drastic decline and
                                              Bradford.                                    abundance very low.
Upper Santa Fe and New Rivers..............  FL: Union, Alachua,      Historical........  May be extirpated;
                                              Bradford.                                    last collected in
                                                                                           system in 1996.
Withlacoochee River........................  GA: Brooks, Lowndes;...  Historical........  May be extirpated;
                                             FL: Madison, Hamilton..                       last collected in
                                                                                           system in 1969.
----------------------------------------------------------------------------------------------------------------
* Recent occurrence is based on collections made from 2000 to 2015; historical occurrence is based on
  collections made prior to 2000.


                    Table 2--Summary of 2013-2015 Suwannee Moccasinshell Surveys by Waterbody
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                                                                     Number of                     Live suwannee
                   Water body                       Survey year        sites       Total mussels  moccasinshells
----------------------------------------------------------------------------------------------------------------
Suwannee River mainstem.........................       2013-2015             103          15,195              73
Lower Santa Fe River............................            2015              15           7,044               1
Upper Santa Fe and New Rivers...................            2015              19           1,969               0
Withlacoochee River.............................       2014-2015              17           4,377               0
----------------------------------------------------------------------------------------------------------------

    Historical mussel collection data are often limited, making it 
difficult to compare trends in abundance over time. However, it does 
seem clear from museum collections that Suwannee moccasinshell numbers 
have declined over time, especially in the Santa Fe River subbasin 
where it has declined dramatically in recent decades (see our 
discussion on page 60339 of the proposed rule (80 FR 60335, October 6, 
2015). Despite its low abundance, populations in the Suwannee River 
mainstem presently appear to be stable. We attribute its persistence in 
the mainstem to the stability of habitat and the attenuation of certain 
threats by larger flow volumes (threats are summarized below).

Summary of Threats

    Below we present a summary of the threats information discussed in 
the proposed listing rule. We also present new information published or 
obtained since the proposed rule was published

[[Page 69421]]

and information received during the comment period.

Factor A. The Present or Threatened Destruction, Modification, or 
Curtailment of Its Habitat or Range

    The stream habitats of freshwater mussels are vulnerable to 
degradation and modification from a number of threats associated with 
modern civilization. Within the Suwannee River Basin, a rapidly growing 
human population and changing land use represent significant threats to 
the aquatic ecosystem, primarily through pollution and water withdrawal 
(Katz and Raabe 2005, p. 14). The Suwannee moccasinshell's habitat is 
subject to degradation as a result of pollutants discharged from 
industries, mines, and sewage treatment facilities, polluted runoff 
from agricultural lands, reduced flows as a result of groundwater 
extraction and drought, and stream channels destabilized by scouring 
floods and other perturbations.
    Two pollutants of particular concern to the Suwannee moccasinshell 
are ammonia and pesticides. Both are highly toxic to freshwater 
mussels, particularly juveniles, and both are widely used on 
agricultural lands within the basin. Ammonia is also a common pollutant 
in wastewater discharged into streams of the basin by numerous 
permitted wastewater treatment facilities. Another concern is that 
nitrogen and phosphorus levels have increased within the range of the 
Suwannee moccasinshell. In excess, these two plant nutrients may 
indirectly affect the species by causing algal blooms that deplete 
oxygen and cause dense mats of filamentous algae that entrain 
juveniles.
    Perhaps the most significant threat to Suwannee moccasinshell 
populations is flow reduction due to the withdrawal of groundwater. 
Groundwater pumping for agricultural purposes in neighboring basins, 
along with periods of extreme drought conditions, has caused 
unprecedented declines in groundwater levels, resulting in decreases in 
the amount of groundwater entering streams of the basin. Flow declines 
of approximately 30 percent have been observed in the lower Santa Fe 
and lower Suwannee Rivers; the upper Santa Fe River, once a perennial 
system, has gone dry multiple times since 2000 (Johnson et al. in 
Press). Reduced flows may exacerbate drought conditions (elevating 
temperature, pH, and pollutant concentrations (causing biotic die-off, 
and reducing dissolved oxygen), which in turn may have lethal or other 
harmful effects (prematurely aborting glochidia, reduced growth rates) 
to the species, or may cause stranding mortality.

Stream Channel Instability

    In the following paragraphs, we include a full discussion of stream 
channel instability, a threat identified by a peer reviewer and not 
discussed in the proposed rule.
    The Suwannee moccasinshell requires geomorphically stable stream 
channels to maintain its habitats. Channel instability occurs when the 
natural erosion process is accelerated, leading to erosion 
(degradation) and sediment deposition (aggradation). Channel 
instability can cause profound changes to mussel habitats due to 
scouring and sediment deposition (Hartfield 1993, p. 138). Channels can 
become destabilized as a result of physical alterations to the stream 
channel (such as dredging, straightening, impounding, and hardening), 
and because of alterations to the flow regime. Changes to land use that 
accelerate surface runoff (for example, croplands and development) can 
increase the amount and rate in which stormwater runoff enters stream 
channels, causing increases in flow volume and velocity. These more 
forceful flows can scour the streambed and banks and eventually lead to 
channel incision (lowering of the streambed) (Booth 1990, p. 407; Wood 
and Armitage 1997, pp. 204-205; Doyle et al. 2000, pp. 156-157, 175). 
Disturbance to riparian areas (particularly the removal of vegetation) 
can also lead to bank erosion (Rosgen 1996, pp. 8-11). This accelerated 
erosion process can also cause sedimentation in downstream areas 
(Waters 1995, pp. 44-47, 172; Rosgen 1996, pp. 6-31, 8-32-33; Doyle et 
al. 2000, p. 156). Sampling conducted in 2015 by FWC biologists in a 
reach of the Santa Fe River in Alachua County revealed the river has 
highly eroded banks and an incised channel with much unconsolidated 
sand substrates (FFWCC 2015 unpub. data). Increased stormwater runoff 
from a nearby town and surrounding agricultural lands are likely 
responsible for these changes in channel geomorphology (M. Rowe, in 
litt.).
    Other sources of physical disturbance to mussel habitat include 
motorboat wakes frequently striking shores and the removal of large 
woody material. Boat wakes have been shown to cause significant bank 
erosion and sediment resuspension in river systems (Bauer et al. 2002, 
pp. 156-161). This problem appears to be especially severe in the lower 
Santa Fe River, which is a relatively narrow channel and is frequented 
by large numbers of motorboats (M. Rowe, in litt.). The removal of 
large woody material, especially wood embedded in the substrate, can 
cause the destabilization of microhabitat occupied by the Suwannee 
moccasinshell. Suwannee moccasinshell individuals are often found near 
embedded logs, which may stabilize the habitat and provide refuge for 
its host fishes. Over 7,200 pre-cut submerged (deadhead) logs have been 
removed from the Suwannee River, more than any other river in Florida 
(FDEP 2014 unpub. data). The removal of deadhead logs and snags can 
compromise habitat stability and affect channel morphology (Watters 
1999, p. 269; Linohss et al. 2012, p. 160).
    Many of the threats discussed above are greater in the two 
tributary systems, as evidenced by the species' possible disappearance 
from the Withlacoochee River and upper Santa Fe River subbasins. 
Currently, nearly the entire population resides in the middle reach of 
the Suwannee River mainstem. In the mainstem, flows are generally 
sustained, and pollutant concentrations may be diluted by larger flow 
volumes. In addition, geomorphically stable limestone and reduced 
surface runoff contribute to habitat stability in the mainstem Suwannee 
River.
    While there are programs in place that may indirectly alleviate 
some detrimental impacts on aquatic habitats, there currently are no 
conservation efforts designed specifically to protect or recover 
Suwannee moccasinshell populations. Therefore, we conclude that habitat 
degradation is presently a significant threat to Suwannee moccasinshell 
populations in the Withlacoochee and Santa Fe River subbasins, and a 
moderate threat to populations in the Suwannee River main channel. This 
threat is expected to continue into the future and, because it is 
linked to human activities, is expected to increase as the human 
population within the Suwannee River Basin grows.

Factor B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    The Suwannee moccasinshell is not a commercially valuable species, 
and collecting is not considered a factor in its decline. Therefore, we 
do not consider overutilization to be a threat to the Suwannee 
moccasinshell at this time.

Factor C. Disease or Predation

    We have no specific information indicating that disease or 
predation is negatively impacting Suwannee moccasinshell populations. 
Therefore,

[[Page 69422]]

we do not consider these to be threats to the Suwannee moccasinshell at 
this time.

Factor D. The Inadequacy of Existing Regulatory Mechanisms

    Despite existing authorities such as the Clean Water Act, 
pollutants continue to impair water quality throughout the range of the 
Suwannee moccasinshell. State and Federal regulatory mechanisms have 
helped reduce the negative effects of point source discharges since the 
1970s, yet these regulations are difficult to implement and regulate, 
and may not provide adequate protection for sensitive aquatic organisms 
like freshwater mussels. While new water quality criteria are being 
developed that take into account more sensitive aquatic species, most 
criteria currently do not. Thus, we conclude that existing regulatory 
mechanisms do not adequately protect the Suwannee moccasinshell.

Factor E. Other Natural or Manmade Factors Affecting Its Continued 
Existence

    Several other natural and manmade factors are negatively impacting 
the Suwannee moccasinshell. The Gulf coastal region is prone to extreme 
hydrologic events including droughts and flooding. Extended droughts 
(along with groundwater extraction) can cause severely reduced flows, 
exposing mussels to higher water temperatures, lower dissolved oxygen 
levels, and predators. Heavy rainfall events can cause scouring floods 
that dislodge mussels and alter stream channels, especially in smaller 
streams. Although floods and droughts are a natural part of the 
hydrologic processes that occur in river systems, these events may 
exacerbate the decline of mussel populations suffering the effects of 
other threats.
    Accidental contaminant releases from industrial and municipal 
facilities and mining operations are a constant threat to the Suwannee 
moccasinshell as numerous potential sources are present throughout the 
basin, and these spills have occurred in the past. Spills as a result 
of transportation accidents are a potential threat as numerous 
railroads and highways traverse the basin. Because of the linear nature 
of the Suwannee moccasinshell's habitat and its reduced range, a major 
contaminant spill has the potential to impact a large portion of the 
population.
    The introduced Asian clam (Corbicula fluminea) is widespread in the 
Suwannee River Basin, and can be found in high densities within the 
range of the Suwannee moccasinshell. Although the specific interaction 
between the Asian clam and native mussels is not well understood, 
enough information exists to conclude that dense Asian clam populations 
would negatively affect native mussels.
    Numerous impacts associated with changing climatic patterns may 
amplify stressors currently impacting the Suwannee moccasinshell, 
including the prospect of more frequent and intense droughts and 
increased temperatures. These changes would further exacerbate current 
problems associated with reduced flows and degraded water quality. 
Saltwater encroachment also has the potential to impact moccasinshell 
populations in the lower river, especially during low flow conditions. 
The variables related to climate change are complex, and it is 
difficult to predict all of the possible ways climate change will 
affect Suwannee moccasinshell populations. However, information 
available is sufficient to indicate that climate change is a 
significant threat in the future, as it will likely exacerbate certain 
stressors already affecting the species.
    Finally, the Suwannee moccasinshell's small population size and 
restricted range make it more vulnerable to threats associated with 
habitat degradation and catastrophic events. Therefore, we find that 
other natural or manmade factors, as a whole, pose a significant threat 
to the Suwannee moccasinshell, both now and continuing into the future.

Determination

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations at 50 CFR part 424, set forth the procedures for adding 
species to the Federal Lists of Endangered and Threatened Wildlife and 
Plants. Under section 4(a)(1) of the Act, we may list a species based 
on (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) Overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
Disease or predation; (D) The inadequacy of existing regulatory 
mechanisms; or (E) Other natural or manmade factors affecting its 
continued existence. Listing actions may be warranted based on any of 
the above threat factors, singly or in combination.
    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to the Suwannee moccasinshell. The primary reason for the Suwannee 
moccasinshell's decline is the degradation of its habitat due to 
polluted runoff from agricultural lands, polluted discharges from 
industrial and municipal facilities and mining operations, decreased 
flows due to groundwater extraction and drought, and stream channel 
instability (Factor A). These threats occur throughout its range, but 
are more intense in the two tributaries, the Withlacoochee and Santa Fe 
River systems. In portions of its range, sedimentation has also 
impacted its habitat.
    Other threats to the species include State and Federal water 
quality standards that are inadequate to protect sensitive aquatic 
organisms like mussels (Factor D); accidental contaminant releases from 
industrial, municipal, and mining sources, and as a result of 
transportation accidents (Factor E); increased drought frequency and 
higher temperatures as a result of changing climatic conditions (Factor 
E); greater vulnerability to certain threats because of small 
population size and range (Factor E); and competition and disturbance 
from the introduced Asian clam (Factor E). These threats have resulted 
in the decline of the species throughout its range, and pose the 
highest risk to populations in the two tributary systems, as evidenced 
by the species' decline and possible disappearance in the Withlacoochee 
River, and its decline in the Santa Fe River subbasin. In addition, the 
species likely has a limited ability to disperse and, therefore, may 
not be able recolonize areas from which it has been extirpated.
    Currently, nearly the entire population resides in the middle and 
lower reach of the Suwannee River main channel, where the two greatest 
threats, pollutants and reduced flows, are attenuated by higher flow 
volumes. Therefore, Suwannee moccasinshell populations in the 
Withlacoochee and Santa Fe River subbasins are presently facing threats 
that are high in magnitude, and populations in the Suwannee River main 
channel are presently facing threats that are moderate in magnitude. 
Most of these threats, including reduced flows, pollution, degraded 
water quality, and channel instability, are expected to increase in the 
future due to human population growth and climate change.
    The Act defines an endangered species as any species that is ``in 
danger of extinction throughout all or a significant portion of its 
range'' and a threatened species as any species ``that is likely to 
become endangered throughout all or a significant portion of its range 
within the foreseeable future.'' We find that the Suwannee 
moccasinshell presently is likely to

[[Page 69423]]

become endangered throughout all or a significant portion of its range 
within the foreseeable future based on the severity and immediacy of 
threats currently impacting the species. The Suwannee moccasinshell's 
range and abundance have been reduced, and its remaining habitat and 
populations are threatened by a variety of factors acting in 
combination to reduce the overall viability of the species. The risk of 
becoming endangered is high because remaining populations are small, 
linearly distributed within the mainstem Suwannee River, and numerous 
threats can impact those populations.
    Under the Act and our implementing regulations, a species may 
warrant listing if it is endangered or threatened throughout all or a 
significant portion of its range. Because we have determined that the 
Suwannee moccasinshell is threatened throughout all of its range, no 
portion of its range can be ``significant'' for purposes of the 
definitions of ``endangered species'' and ``threatened species.'' See 
the Final Policy on Interpretation of the Phrase ``Significant Portion 
of Its Range'' in the Endangered Species Act's Definitions of 
``Endangered Species'' and ``Threatened Species'' (79 FR 37577, July 1, 
2014).
    Therefore, on the basis of the best available scientific and 
commercial information, we are listing the Suwannee moccasinshell as 
threatened in accordance with sections 3(6) and 4(a)(1) of the Act. We 
find that endangered species status is not appropriate, because despite 
low population densities and numerous threats, the populations in the 
mainstem presently appear to be stable, which has been attributed to 
the threats being attenuated and the streambed habitat being stable.

Critical Habitat

    Section 3(5)(A) of the Act defines critical habitat as: (i) The 
specific areas within the geographical area occupied by the species, at 
the time it is listed on which are found those physical or biological 
features (I) essential to the conservation of the species and (II) 
which may require special management considerations or protection; and 
(ii) specific areas outside the geographical area occupied by the 
species at the time it is listed upon a determination by the Secretary 
that such areas are essential for the conservation of the species.
    Section 4(a)(3) of the Act and implementing regulations (50 CFR 
424.12) require that we designate critical habitat at the time a 
species is determined to be an endangered or threatened species, to the 
maximum extent prudent and determinable. Our regulations (50 CFR 
424.12(a)(1)) state that designation of critical habitat is not prudent 
when one or both of the following situations exist: (1) The species is 
threatened by taking or other activity and the identification of 
critical habitat can be expected to increase the degree of threat to 
the species; or (2) such designation of critical habitat would not be 
beneficial to the species. As discussed above (see Factor B 
discussion), there is currently no imminent threat of take or other 
overutilization for this species, and identification and mapping of 
critical habitat is not expected to initiate any such threat. In the 
absence of finding that the designation of critical habitat would 
increase threats to a species, if there are any benefits to a critical 
habitat designation, a finding that designation is prudent is 
warranted. Here, the potential benefits of designation include: (1) 
Triggering consultation under section 7 of the Act, in new areas for 
action in which there may be a Federal nexus where it would not 
otherwise occur because, for example, it is unoccupied; (2) focusing 
conservation activities on the most essential features and areas; (3) 
providing educational benefits to State or county governments or 
private entities; and (4) preventing inadvertent harm to the species. 
Accordingly, because we have determined that the designation of 
critical habitat will not likely increase the degree of threat to the 
species and may provide some measure of benefit, we determine that 
designation of critical habitat is prudent for the Suwannee 
moccasinshell.
    Having determined that designation is prudent, under section 
4(a)(3) of the Act we must find whether critical habitat for the 
species is determinable. Our regulations at 50 CFR 424.12(a)(2) state 
that critical habitat is not determinable when one or both of the 
following situations exist: (i) Information sufficient to perform 
required analyses of the impacts of the designation is lacking, or (ii) 
the biological needs of the species are not sufficiently well known to 
permit identification of an area as critical habitat.
    As discussed above, we have reviewed the available information 
pertaining to the biological needs of the species and habitat 
characteristics where this species is located. On the basis of a review 
of available information, we find that critical habitat for the 
Suwannee moccasinshell is not determinable because the specific 
information sufficient to perform the required analysis of the impacts 
of the designation is currently lacking, such as information on areas 
to be proposed for designation and the potential economic impacts 
associated with designation of these areas. We are in the process of 
obtaining this information, and we intend to publish a proposed rule in 
the Federal Register to designate critical habitat for the Suwannee 
moccasinshell in the near future.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened species under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing results in public awareness, and 
conservation by Federal, State, Tribal, and local agencies, private 
organizations, and individuals. The Act encourages cooperation with the 
States and requires that recovery actions be carried out for all listed 
species. The protection required by Federal agencies and the 
prohibitions against certain activities are discussed, in part, below.
    The primary purpose of the Act is the conservation of endangered 
and threatened species and the ecosystems upon which they depend. The 
ultimate goal of such conservation efforts is the recovery of these 
listed species, so that they no longer need the protective measures of 
the Act. Subsection 4(f) of the Act requires the Service to develop and 
implement recovery plans for the conservation of endangered and 
threatened species. The recovery planning process involves the 
identification of actions that are necessary to halt or reverse the 
species' decline by addressing the threats to its survival and 
recovery. The goal of this process is to restore listed species to a 
point where they are secure, self-sustaining, and functioning 
components of their ecosystems.
    Recovery planning includes the development of a recovery outline 
shortly after a species is listed and preparation of a draft and final 
recovery plan. The recovery outline guides the immediate implementation 
of urgent recovery actions and describes the process to be used to 
develop a recovery plan. Revisions of the plan may be done to address 
continuing or new threats to the species, as new substantive 
information becomes available. The recovery plan identifies site-
specific management actions that set a trigger for review of the five 
factors that control whether a species remains endangered or may be 
downlisted or delisted, and methods for monitoring recovery progress. 
Recovery plans also establish a framework for agencies to coordinate

[[Page 69424]]

their recovery efforts and provide estimates of the cost of 
implementing recovery tasks. Recovery teams (composed of species 
experts, Federal and State agencies, nongovernmental organizations, and 
stakeholders) are often established to develop recovery plans. When 
completed, the recovery outline, draft recovery plan, and the final 
recovery plan will be available on our Web site (http://www.fws.gov/endangered) or from our Panama City Ecological Services Field Office 
(see FOR FURTHER INFORMATION CONTACT).
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States, Tribal, nongovernmental organizations, businesses, 
and private landowners. Examples of recovery actions include habitat 
restoration (e.g., restoration of native vegetation), research, 
captive-propagation and reintroduction, and outreach and education. The 
recovery of many listed species cannot be accomplished solely on 
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires 
cooperative conservation efforts on private, State, and Tribal lands.
    Following publication of this final listing rule, funding for 
recovery actions will be available from a variety of sources, including 
Federal budgets, State programs, and cost-share grants for non-Federal 
landowners, the academic community, and nongovernmental organizations. 
In addition, pursuant to section 6 of the Act, the States of Florida 
and Georgia will be eligible for Federal funds to implement management 
actions that promote the protection or recovery of the Suwannee 
moccasinshell. Information on our grant programs that are available to 
aid species recovery can be found at: http://www.fws.gov/grants.
    Please let us know if you are interested in participating in 
recovery efforts for the Suwannee moccasinshell. Additionally, we 
invite you to submit any new information on this species whenever it 
becomes available and any information you may have for recovery 
planning purposes (see FOR FURTHER INFORMATION CONTACT).
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is listed as an endangered or 
threatened species and with respect to its critical habitat, if any is 
designated. Regulations implementing this interagency cooperation 
provision of the Act are codified at 50 CFR part 402. Section 7(a)(2) 
of the Act requires Federal agencies to ensure that activities they 
authorize, fund, or carry out are not likely to jeopardize the 
continued existence of any endangered or threatened species or destroy 
or adversely modify its critical habitat. If a Federal action may 
affect a listed species or its critical habitat, the responsible 
Federal agency must enter into consultation with the Service.
    Federal agency actions within the species' habitat that may require 
consultation as described in the preceding paragraph include issuance 
of section 404 Clean Water Act permits by the U.S. Army Corps of 
Engineers; construction and maintenance of roads, highways, or bridges 
by the U.S. Department of Transportation's Federal Highway 
Administration; funding of various projects administered by the U.S. 
Department of Agriculture's Natural Resources Conservation Service and 
the Federal Emergency Management Agency; and management and any other 
landscape-altering activities on Federal lands administered by the U.S. 
Fish and Wildlife Service or the U.S. Forest Service.
    Under section 4(d) of the Act, the Service has discretion to issue 
regulations that we find necessary and advisable to provide for the 
conservation of threatened species. The Act and its implementing 
regulations set forth a series of general prohibitions and exceptions 
that apply to threatened wildlife. The prohibitions of section 9(a)(1) 
of the Act, as applied to threatened wildlife through regulations 
codified at 50 CFR 17.31, make it illegal for any person subject to the 
jurisdiction of the United States to take (which includes harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect; or to 
attempt any of these) threatened wildlife within the United States or 
on the high seas. In addition, it is unlawful to import; export; 
deliver, receive, carry, transport, or ship in interstate or foreign 
commerce in the course of commercial activity; or sell or offer for 
sale in interstate or foreign commerce any listed species. It is also 
illegal to possess, sell, deliver, carry, transport, or ship any such 
wildlife that has been taken illegally. Certain exceptions apply to 
employees of the Service, the National Marine Fisheries Service, other 
Federal land management agencies, and State conservation agencies.
    We may issue permits to carry out otherwise prohibited activities 
involving threatened wildlife under certain circumstances. Regulations 
governing permits are codified at 50 CFR 17.32. With regard to 
threatened wildlife, a permit may be issued for scientific purposes, to 
enhance the propagation or survival of the species, and for incidental 
take in connection with otherwise lawful activities. There are also 
certain statutory exemptions from the prohibitions, which are found in 
sections 9 and 10 of the Act.
    It is our policy, as published in the Federal Register on July 1, 
1994 (59 FR 34272), to identify to the maximum extent practicable at 
the time a species is listed, those activities that would or would not 
constitute a violation of section 9 of the Act. The intent of this 
policy is to increase public awareness of the effect of a final listing 
on proposed and ongoing activities within the range of a listed 
species. Based on the best available information, the following actions 
may result in a violation of section 9 of the Act; this list is not 
comprehensive:
    (1) Unauthorized handling or collecting of the species;
    (2) Destruction or alteration of the species' habitat by discharge 
of fill material, dredging, snagging, impounding, channelization, or 
modification of stream channels or banks;
    (3) Discharge of pollutants into a stream or into areas 
hydrologically connected to a stream occupied by the species; and
    (4) Diversion or alteration of surface or ground water flow.
    Questions regarding whether specific activities would constitute a 
violation of section 9 of the Act should be directed to the Panama City 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Required Determinations

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act need not be prepared in connection with 
listing a species as an endangered or threatened species under the 
Endangered Species Act. We published a notice outlining our reasons for 
this determination in the Federal Register on October 25, 1983 (48 FR 
49244).

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 22951), Executive Order 13175 (Consultation and 
Coordination With Indian Tribal Governments), and the Department of

[[Page 69425]]

the Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. In accordance with 
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights, 
Federal-Tribal Trust Responsibilities, and the Endangered Species Act), 
we readily acknowledge our responsibilities to work directly with 
tribes in developing programs for healthy ecosystems, to acknowledge 
that tribal lands are not subject to the same controls as Federal 
public lands, to remain sensitive to Indian culture, and to make 
information available to tribes. The Suwannee moccasinshell is not 
known to occur within any tribal lands or waters.

References Cited

    A complete list of references cited in this rulemaking is available 
on the Internet at http://www.regulations.gov and upon request from the 
Panama City Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).

Authors

    The primary authors of this final rule are the staff members of the 
Panama City Ecological Services Field Office.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    Accordingly, we amend part 17, subchapter B of chapter I, title 50 
of the Code of Federal Regulations, as follows:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245; unless 
otherwise noted.


0
2. Amend Sec.  17.11(h) by adding an entry for ``Moccasinshell, 
Suwannee'' to the List of Endangered and Threatened Wildlife in 
alphabetical order under CLAMS to read as set forth below:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                           Listing citations and
          Common name              Scientific name      Where listed          Status         applicable rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
CLAMS
 
                                                  * * * * * * *
Moccasinshell, Suwannee........  Medionidus walkeri  Wherever found....               T   81 FR [Insert Federal
                                                                                           Register page where
                                                                                           the document begins];
                                                                                           October 6, 2016.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: September 26, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-24138 Filed 10-5-16; 8:45 am]
BILLING CODE 4333-15-P