[Federal Register: May 27, 1999 (Volume 64, Number 102)]
[Proposed Rules]               
[Page 28779-28791]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27my99-26]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE92

 
Endangered and Threatened Wildlife and Plants; Proposed 
Establishment of Nonessential Experimental Population Status for 
Sixteen Freshwater Mussels (Alabama Lampmussel, Birdwing Pearlymussel, 
Clubshell, Cracking Pearlymussel, Cumberland Bean Pearlymussel, 
Cumberlandian Combshell, Cumberland Monkeyface Pearlymussel, Dromedary 
Pearlymussel, Fine-Rayed Pigtoe, Oyster Mussel, Purple Cat's Paw 
Pearlymussel, Shiny Pigtoe, Tubercled-blossom Pearlymussel, Turgid-
blossom Pearlymussel, Winged Mapleleaf Mussel, and Yellow-blossom 
Pearlymussel) and One Freshwater Snail (Anthony's Riversnail) in the 
Free-flowing Reach of the Tennessee River below the Wilson Dam, Colbert 
and Lauderdale Counties, Alabama

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service; also, ``we'', ``us'', 
``our'') proposes to reintroduce 16 federally listed endangered mussels 
(Alabama lampmussel (Lampsilis virescens), birdwing pearlymussel 
(Conradilla caelata), clubshell (Pleurobema clava), cracking 
pearlymussel (Hemistena lata), Cumberland bean pearlymussel (Villosa 
trabalis), Cumberlandian combshell (Epioblasma brevidens), Cumberland 
monkeyface pearlymussel (Quadrula intermedia), dromedary pearlymussel 
(Dromus dromas), fine-rayed pigtoe (Fusconaia cuneolus), oyster mussel 
(Epioblasma capsaeformis), purple cat's paw pearlymussel (Epioblasma 
obliquata obliquata), shiny pigtoe (Fusconaia cor), tubercled-blossom 
pearlymussel (Epioblasma torulosa torulosa), turgid-blossom 
pearlymussel (Epioblasma turgidula), winged mapleleaf mussel (Quadrula 
fragosa), and yellow-blossom pearlymussel (Epioblasma florentina 
florentina)) and 1 federally listed endangered aquatic snail (Anthony's 
riversnail (Athearnia anthonyi)) into historic habitat in the free-
flowing reach of the Tennessee River from about 1.4 river miles (RM) 
(2.2 kilometers [km]) below Wilson Dam to the backwaters of Pickwick 
Reservoir (RM 258.0 [412.8 km]) to (RM 246.0 [393.6 km]) in Colbert and 
Lauderdale counties, Alabama. These reintroduced populations are 
proposed to be classified as nonessential experimental populations 
(NEP) under section 10(j) of the Endangered Species Act of 1973, as 
amended (Act). Based on the evaluation of species experts and the 
State, none of these species are currently known to exist in this river 
reach or its tributaries. Ongoing surveys conducted by the Tennessee 
Valley Authority (TVA) and the State of Alabama over the past 20 years 
have failed to locate any individuals of the species proposed for NEP 
status under this rule.

    To ensure that any reintroduced species that move upstream to 
Wilson Dam or into the tributaries are covered by these NEP 
designations, we propose that the geographic boundaries of the NEPs 
extend from the base of the Wilson Dam (RM 259.4 [414.0 km]) to the 
backwaters of the Pickwick Reservoir (RM 246.0 [393.6 km]) and include 
the lower 5 RM (8 km) of all tributaries that enter the Wilson Dam 
tailwater. In the future, if any of the aforementioned mollusks are 
found upstream beyond the lower 5 RM (8 km) of these tributaries, the 
animals will be presumed to have come from the reintroduced NEP, and 
the boundaries of the NEP will be enlarged to include the entire range 
of the expanded population. No designation of critical habitat will be 
made for any of these NEPs. Additionally, we do not intend to change 
these NEPs from ``nonessential'' to ``essential'' or to ``threatened'' 
or ``endangered'' without the full cooperation of the State of Alabama 
and other affected parties within the NEP areas. These proposed 
reintroductions are recovery actions and part of a series of 
reintroductions and other recovery actions the Service, Federal and 
State agencies, and other partners are considering and conducting 
throughout the species' historic ranges. The only change to the NEPs we 
foresee would be elimination of the designations if the species are 
recovered and removed from the Act's protection. This proposed rule 
sets forth a plan for establishing the nonessential experimental 
population and provides for limited allowable legal take of the 
aforementioned mollusks within the defined NEP areas.

DATES: Comments from all interested parties must be submitted on or 
before July 26, 1999.

ADDRESSES: Send comments and material concerning this proposal to the 
State Supervisor, Asheville Field Office, U.S. Fish and Wildlife 
Service, 160 Zillicoa Street, Asheville, North Carolina 28801. Comments 
and material received will be available for public inspection, by 
appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mr. Richard G. Biggins, Fish and 
Mollusk Recovery Coordinator (see Addresses section), telephone 704/
258-3939, Ext. 228, or facsimile 704/258-5330.