ETWP; Proposed Establishment of Nonessential Experimental Population Status for Sixteen Freshwater Mussels (Alabama

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.