[Federal Register Volume 72, Number 177 (Thursday, September 13, 2007)]
[Rules and Regulations]
[Pages 52434-52461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4320]
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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; Final Rule
Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 /
Rules and Regulations
[[Page 52434]]
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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: Final 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, plan 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 (Lemiox rimosus), cracking pearlymussel
(Hemistena 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), orange-foot 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). We published the proposed rule for this
action on June 13, 2006 (71 FR 34196). The species will be released
into their historical habitat in the free-flowing reach of the French
Broad River from below Douglas Dam to its confluence with the Holston
River, Knox County, Tennessee, and in the free-flowing reach of the
Holston River from 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 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 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 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 we also want
the public to understand that all of these species will be reintroduced
into the same stretch of river. We are not establishing 21 separate
NEPs.
DATES: The effective date of this rule is October 15, 2007.
ADDRESSES: You may obtain copies of the final rule from the field
office address above, by calling (931) 528-6481, or from our Web site
at http://cookeville.fws.gov.
FOR FURTHER INFORMATION CONTACT: Geoff Call, U.S. Fish and Wildlife
Service, at the above address (telephone 931/528-6481, Ext. 213,
facsimile 931/528-7075, or e-mail at [email protected]).
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 Non-essential 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 and the requirements of section 7.
Section 9 of the Act prohibits the take of an endangered species.
``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. 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
will, 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 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
regulation 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. In these situations, the
regulations that generally extend most section 9 prohibitions to
threatened species do not apply to NEPs, although the special 4(d) rule
contains the prohibitions and exceptions necessary and appropriate to
conserve that species. Regulations issued under section 4(d) for NEPs
are usually more compatible with routine 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
[[Page 52435]]
Refuge or National Park, we treat the population as proposed for
listing and only two provisions of section 7 apply: Section 7(a)(1) and
section 7(a)(4). In these instances, NEPs provide additional
flexibility because Federal agencies are not required to consult with
us under section 7(a)(2). 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: Prior to the impoundments, 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, pp. 1-328;
Ahlstedt 2004). Of this once-rich aquatic fauna, 7 mussel species are
extinct, and 21 are federally listed species (i.e., 15 mussels, 1
aquatic snail, and 5 fishes, listed in the SUMMARY section, above, are
extirpated from these river reaches). The only federally listed mussel
still occurring in the NEP area is the endangered pink mucket
(Lampsilis abrupta), which still occurs in both the lower French Broad
and lower Holston Rivers (Ahlstedt 2004; Layzer and Scott 2005, p. 11).
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
(larvae)) 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 (Rakes and Shute 1999, p. 5; Scott and Saylor
2004; Layzer and Ahlstedt 2004; Layzer and Scott 2005, pp. 14-15),
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 three of the four species in Abrams Creek has been
documented (Rakes 2007). The spotfin chub reintroductions appear to be
the least successful in this capacity (Shute et al. 2006, p. 106; Rakes
2007). 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 yearly through 2007.
Early indications show that these species are surviving and have had
some success in spawning (Rakes 2007). It will take several more years
of reintroductions 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 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 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, pp. 2-4). We are unaware of historical records of the
species in the French Broad River, but archeological records (Parmalee
and Bogan 1988, p. 168) 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, p. 223). No
downlisting (reclassification from endangered to threatened) criteria
are provided in the recovery plan. The delisting objectives for the
Appalachian monkeyface (Service1984a, pp. 19-20) 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 (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
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, p. 146). Archeological records
(Parmalee 1988, p. 171) 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, p. 2). No downlisting criteria
are given in the recovery plan. The delisting objectives for the
birdwing pearlymussel (Service 1984b, pp. 19-20) are to: (1) Restore
the viability of the Clinch and Powell River populations, (2)
reestablish
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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, pp.
44-45, Service 1991a, pp. 2-5). 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, p. 122). No historical records exist for the species in the
French Broad system, but archaeological records (Parmalee 1988, pp.
168-169) 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, p. 45; Neves 1991, p. 277). 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, p. 6) 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 24064). 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,
pp. 2-3). No historical records exist in the French Broad River system,
but archaeological records (Parmalee 1988, p. 172) 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, pp. 2-6). No downlisting criteria are given in the recovery
plan. The delisting objectives for the Cumberland bean (Service 1984c,
pp. 18-19) 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, p. 2). Currently, populations
survive in a few river reaches in both river systems (Gordon 1991, p.
2). It historically occurred in the lower Holston River and a French
Broad River tributary (Nolichucky River) (Parmalee and Bogan 1998, p.
84). Archaeological records (Parmalee 1988, p. 171) of this species
exist from the Little Pigeon River, a lower French Broad River
tributary. The downlisting objectives for the Cumberlandian combshell
(Service 2004, pp. 65-68) 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) 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, pp.
2-3). Based on collections from aboriginal shell middens, Parmalee and
Bogan (1998, pp. 214-215) 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, p. 21). No
downlisting criteria are given in the recovery plan. The delisting
objectives for the Cumberland monkeyface (Service 1984d, pp. 21-22) 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
[[Page 52437]]
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, p.
16). Parmalee and Bogan (1998, p. 71) 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, p.
172). 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, pp. 3-8; Neves 1991, p. 293). No downlisting
criteria are given in the recovery plan. The delisting objectives for
the dromedary pearlymussel (Service 1984e, pp. 20-21) 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, p. 565) reported it from the lower Holston River, and Parmalee
and Bogan (1998, p. 70) 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,
pp. 2-4). The downlisting objectives for the fanshell (Service 1991b,
pp. 6-7) 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,
pp. 2-4, Parmalee and Bogan 1998, pp. 115-116). No downlisting criteria
are given in the recovery plan. The delisting objectives for the fine-
rayed pigtoe (Service 1984f, pp. 22-24) 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, p. 174). The species persists in the
lower Ohio, Tennessee, and Cumberland Rivers (Service 1984g, pp. 2-6).
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 2005). No downlisting
criteria are given in this recovery plan. The delisting objectives for
the orangefoot pimpleback (Service 1984g, pp. 13-14) 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 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, pp. 2-3). Small populations
now survive in a few river reaches in both river systems (Gordon 1991,
pp. 2-3). It was historically taken in the lower French Broad River
near its confluence with the Holston, and a
[[Page 52438]]
population still survives in the Nolichucky River, a French Broad River
tributary, above Douglas Reservoir (Parmalee and Bogan 1998, p. 86).
Archaeological records (Parmalee 1988, pp. 170-171) of this species
exist from the Little Pigeon River, a lower French Broad River
tributary. The downlisting objectives for the oyster mussel (Service
2004, pp. 65-68) 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, pp. 2-3).
Ortmann (1918, p. 567) and Parmalee and Bogan (1998, p. 166) reported
it from the lower Holston River, and it has been taken from an
archeological site on the lower French Broad River (Ahlstedt 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, pp. 2-3, Parmalee and
Bogan 1998, p. 166). In 2004 and 2005, three juveniles and one adult
male were found in the Green River (Leroy Koch 2005). The adult male
was taken to the Kentucky Department of Fish and Wildlife Resources'
(KDFWR) propagation facility in Frankfort, Kentucky. KDFWR plans to
propagate this species to augment existing populations and establish
new ones, such as the lower French Broad and lower Holston Rivers. The
downlisting objectives for the ring pink (Service 1991c, pp. 4-5) 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 that 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, pp. 2-3), including
the lower French Broad and Holston Rivers (Parmalee and Bogan 1998, p.
189). Archaeological records (Parmalee 1988, p. 169) 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, p. 189, Service
1984h, pp. 3-7). No downlisting criteria are given in this recovery
plan. The delisting objectives for the rough pigtoe (Service 1984h, pp.
14-15) 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 that 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 (Service 1984i, pp. 2-4). It is currently known from five
river systems: the Clinch, Powell, North Fork Holston, Elk, and Paint
Rock (Service 1984i, pp. 4-8). 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, pp. 2-4,
Parmalee and Bogan 1998, p. 113). No downlisting criteria are given in
the recovery plan. The delisting objectives for the shiny pigtoe
(Service 1984i, pp. 23-25) 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, p. 172). It still persists in the middle reaches of the Tennessee
River (Service 1984j, pp. 4-5). No downlisting criteria are given in
this recovery plan. The delisting objectives for the white wartyback
(Service 1984j, pp. 12-13) 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 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
[[Page 52439]]
August 1997 (Service 1997). We also established an NEP for Anthony's
riversnail and 16 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, pp. 81-82, Service 1997, pp. 1-2). 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, p. 2). The downlisting objectives for Anthony's
riversnail (Service 1997, p. 5-6) 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, pp. 3-6). The South Fork Holston River
population is apparently extirpated (Service 1994a, p. 4). The Little
River, Copper Creek/Clinch River, and Big South Fork Cumberland River
populations are extant but small and their viability is uncertain
(Service 1994a, pp. 4-5). The Citico Creek population is healthy and
viable (Shute 2005). CFI has reintroduced the species into Abrams Creek
in Tennessee, and there are indications that it is becoming
reestablished (Rakes et al. 2005, p. 106). 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, p. 5). 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, pp. 7-8) 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, p. 5). Our conclusion is based on
the same facts outlined above for the duskytail darter. The downlisting
objectives for the pygmy madtom (Service 1994b, p. 5) 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). 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, pp. 2-3).
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 (Rakes and Shute 2006, p. 1). However, collections made
over the years have generally shown that specimens can often be taken
only sporadically and in very small numbers. There was an effort to
survey for the slender chub in 2004 and 2005. No slender chubs were
found, but the surveyors felt confident that at least a few individuals
may still survive in the Clinch River and a propagation program could
succeed (Rakes and Shute 2006, p. 5). Additional surveys for slender
chubs are planned for 2007. 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, pp.
3-5). Our conclusion is based on the same facts outlined above for the
duskytail darter. The delisting objectives for the slender chub
(Service 1983a, pp. 8-9) 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;
[[Page 52440]]
(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, pp. 2-4; P. Shute 2004; TVA 2004).
CFI has reintroduced the species into Abrams Creek in Tennessee, and
there are indications that it has become reestablished (Rakes et al.
2005, p. 106). 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, pp. 2-14). 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, pp. 19-20) 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, p. 2). Four small extant populations still exist, one
each in Citico Creek, Copper Creek, Clinch River, and the Powell River
(Rakes and Shute 2006a, pp. 2, 6). The species was reintroduced into
Abrams Creek, and the population is becoming reestablished (Shute et
al. 2005, p. 106). Reintroductions into the NEP section of the Tellico
River are ongoing and early results are promising (Rakes and Shute
2005, p. 13). 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, pp. 8-10) 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 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 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, pp. 2-4). Additionally, Rakes and Shute (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 (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
[[Page 52441]]
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, June 14, 2001). In October
2003, 80 each of birdwing pearlymussels, oyster mussels, and dromedary
mussels (dromedary mussels are not part of the Lower French Broad/Lower
Holston NEP) and 2,370 Anthony's riversnails were placed in the NEP
area below Wilson Dam. The status of these reintroduced mussels was
checked during the summer of 2004 and 2005. 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. 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,
through this regulation, 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) appear suitable for the reintroduction of
these 21 species with NEP status.
We plan to reintroduce these 21 species into historical habitat in
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 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 (Jones et al. 2005). Genetic management guidelines for
captive propagation of freshwater mussels have also recently been
developed (Jones et al. 2006). Juvenile mussels of some species could
be available for reintroduction soon after this NEP rule is finalized.
Individual endangered mussels that would be used for these
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 likely be collected for the
reintroductions from a large naturally reproducing population located
in Limestone Creek, Limestone County, Alabama, and relocated directly
into the NEP.
Individual fishes that would be used for these 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 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 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) when the population is not
reproducing (see 50 CFR Sec. 17.22). For these 21 species, it is 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 actions
[[Page 52442]]
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 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 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 and then
up the Holston River, Knox, Grainger, and Jefferson Counties,
Tennessee, to the base of Cherokee Dam and also will include 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 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 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 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 and 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, August 12, 2002)
does not overlap or interfere with this 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 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, August 4, 1998) is separated by reservoirs
and long stretches of river that do not contain yellowfin madtoms or
their habitat and act as effective barriers between madtom populations
in the North Fork Holston River and the 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, June 14, 2001) in
Alabama does not overlap or interfere with this 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 and
oyster mussel (69 FR 53136, August 31, 2004), and the slender chub,
spotfin chub, and yellowfin madtom (42 FR 45526, September 9, 1977);
however, none of these designations include the 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 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 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, which in most cases for these reintroduced species would
be the State agency, TWRA, 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 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
reintroduction of these 21 species before preparing this rule. The
reintroduction also has been discussed with potentially affected State
agencies, businesses, and landowners within the 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
[[Page 52443]]
experimental population area are established as an NEP and if aquatic
resource activities in the experimental population area are not
constrained.
(d) Potential for conflict with human activities: We do not believe
these reintroductions will conflict with existing or 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 the proposed rule, the
public was given the opportunity to comment on the NEP designation for
these fishes (see Summary of Comments and Recommendations Section
below).
We have informed 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 will 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, orange-foot 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 an NEP 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
pearlymussel 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 threatened
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 final rule, 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.
Summary of Comments and Recommendations
In the June 13, 2006, proposed rule (71 FR 34196), we requested
that all interested parties submit comments or information concerning
the proposed NEP. We contacted appropriate Federal, State, and local
agencies, county governments, elected officials, scientific
organizations, and other interested parties and invited them to comment
on the proposed NEP. We also provided notification of this document
through email, telephone calls, letters, and news releases faxed and/or
mailed to affected elected officials, media outlets, local
jurisdictions, and interested groups. We provided the document on the
Service's Cookeville Field Office Internet site following its release.
During the public comment period, we received comments from four
parties: One federal agency and three universities. All four parties
supported the NEP. The three university parties were peer reviewers
(see below). The federal agency, Tennessee Valley Authority, operates
the two dams on the lower French Broad and lower Holston Rivers. TWRA
did not provide comments during the public comment period but remain
supportive of this effort.
In conformance with our policy on peer review, published on July 1,
1994 (59 FR 34270), we solicited independent opinions from four
knowledgeable individuals who have expertise with these species within
the geographic
[[Page 52444]]
region where the species occur, and/or familiarity with the principles
of conservation biology. We received comments from three of the four
peer reviewers. These are included in the summary below and
incorporated into this final rule.
We reviewed all comments received from the peer reviewers and the
public for substantive issues and new information regarding the
proposed NEP. Substantive comments received during the comment period
have either been addressed below or incorporated directly into this
final rule. The comments are grouped below as either peer review or
public comments.
Peer Review Comments
(1) Comment: A recent publication entitled ``Restoration and
colonization of freshwater mussels and fish in a southeastern United
States tailwater'' by Layzer and Scott (2005) should be cited in lieu
of some of the personal communications.
Response: We have added this citation to the document where
appropriate.
(2) Comment: Continued operation of the dams as peaking
hydroelectric projects will further hinder recolonization of the mid-
water fish species and reduce the likelihood of establishing
populations of some of the mussel species that rely on them as
glochidial hosts.
Response: TVA continues to improve the conditions of the tailwaters
below the two dams. We acknowledge that more work needs to be done to
reduce the peak flows in both intensity and duration. We will continue
to work with TVA to accomplish that goal. In the meantime, mussel
species that use benthic fishes as glochidial hosts, such as the oyster
mussel and birdwing pearlymussel, can be reintroduced as soon as this
rule becomes final, since their glochidial host fish species are
abundant in both rivers.
(3) Comment: A recent publication entitled ``Genetic management
guidelines for captive propagation of freshwater mussels (Unionoidea)''
by Jones et al. (2006) should provide a citation for all genetic
management issues related to either translocation or propagation of
endangered freshwater mollusks.
Response: We have added this citation to the document where
appropriate.
(4) Comment: Under 50 CFR 17.85, Special rules--invertebrates,
there are a couple of extinct species listed in the table of NEP's in
the Tennessee River. This may be very confusing to the public and
perhaps be interpreted as contradictory to the ``best available
science.''
Response: The table lists all the mollusk species that are included
in the existing NEP below Wilson Dam in the Tennessee River (66 FR
32250, June 14, 2001). We realize that some of these species (in
particular the tubercled blossom, turgid blossom, and yellow blossom
pearlymussels) have not been found alive in 20 years or longer and that
many experts believe that they may indeed be extinct. On the other
hand, mussels can be found after a long time of not being seen in
collection records and, presently, the Service has not declared any of
these species extinct. These mussels are not part of this final action
being set forth for the lower French Broad and lower Holston Rivers.
However, the Service has initiated 5-year reviews for each of these
mussels (70 FR 55157, September 20, 2005) and is in the process of
assessing the mussels' listed status under the Act. If a change in
status is recommended based on the review conducted, the Service would
be required to go through a separate rulemaking process to formally
change a species' listed status. At that time, the Service would
consider associated existing regulations for the respective species and
determine if corrections are necessary.
Public Comments
(5) Comment: The ``accidental and incidental take'' provision
should be expanded to state that any take as a result of TVA's
operation of its multipurpose dams and associated works (e.g.,
fluctuation of flows, adjustment of aeration systems) would be
considered a permissible incidental take.
Response: The rule clearly states that section 10(j) of the Act can
provide regulatory relief with regard to the taking of reintroduced
species within an NEP area. The rule allows for the taking of these
reintroduced species when such take is incidental to an otherwise legal
activity that is in accordance with Federal, State, and local laws and
regulations. This rule applies to any legal activity TVA might
undertake.
(6) Comment: The upstream limits of the NEP should be reconsidered
since areas immediately downstream of the dams and for some distance
downstream do not provide suitable habitat for any of these species due
to dam operations.
Response: We acknowledge that presently the conditions below both
dams (Cherokee and Douglas) are not sufficient to sustain viable
populations of these listed species. However, particularly with the
fish species, there could be some movement in and out of these areas.
In order to provide regulatory relief, should any of these species move
into these areas, we would have to designate the area as being part of
the NEP. For this reason, we are going to leave the limits of the NEP
as originally drafted to include the free-flowing reach of the French
Broad River below Douglas Dam to its confluence with the Holston River
and the free-flowing reach of the Holston River below Cherokee Dam to
its confluence with the French Broad River.
Required Determinations
Regulatory Planning and Review (E.O. 12866)
In accordance with the criteria in Executive Order 12866, this 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 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 reintroduction of
[[Page 52445]]
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. Both Federal
agencies support the proposal.
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 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 species through reintroduction into
suitable habitat.
Unfunded Mandates Reform Act
The 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 reintroductions under a NEP
designation. However, they will not be required to specifically manage
for any reintroduced species. Accordingly, this 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 the 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
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. The 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
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 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 part
1320, which implement provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.) require that Federal
[[Page 52446]]
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 control number. This 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 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.
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 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, and Transportation.
Final Regulation Promulgation
0
Accordingly, we amend part 17, subchapter B of chapter I, title 50 of
the Code of Federal Regulations as set forth below:
PART 17--[AMENDED]
0
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.
0
2. Amend Sec. 17.11(h), the List of Endangered and Threatened
Wildlife, as follows:
0
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;
0
b. Under the heading ``CLAMS,'' by revising the entries for ``Bean,
Cumberland (pearlymussel)''; ``Blossom, tubercled (pearlymussel)'';
``Blossom, turgid (pearlymussel)''; ``Blossom, yellow (pearlymussel)'';
``Catspaw (purple cat's paw pearlymussel)''; ``Clubshell'';
``Combshell, Cumberlandian''; ``Fanshell''; ``Lampmussel, Alabama'';
``Mapleleaf, winged (mussel)''; ``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
0
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 When Critical Special
Historic range endangered or Status 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-- XN ........... NA 17.84(sr)
specified portions
of the French
Broad and Holston
Rivers; see
17.84(s)(1)(i)).
* * * * * * *
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.
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN 732 NA 17.84(m)
specified portions
of the Tellico
River; see
17.84(m)(1)(i)).
[[Page 52447]]
Do.............................. ......do............ ......do........... U.S.A. (AL, TN-- XN 747 NA 17.84(m)
specified portions
of Shoal Creek;
see
17.84(m)(1)(ii)).
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.84(m)
specified portions
of the French
Broad and Holston
Rivers; see
17.84(m)(1)(iii)).
* * * * * * *
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-- XN 732 NA 17.84(q)
specified portions
of the Tellico
River; see
17.84(p)(1)(i)).
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.84(q)
specified portions
of the French
Broad and Holston
Rivers; see
17.84(q)(1)(ii)).
* * * * * * *
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-- XN ........... NA 17.84(t)
specified portions
of the French
Broad and Holston
Rivers; see
17.84(t)(1)(i)).
* * * * * * *
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(r)
specified portions
of the Tellico
River; see
17.84(r)(1)(i)).
* * * * * * *
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-- XN 317 NA 17.84(e)
specified portions
of the Holston
River and
watershed; see
17.84(e)(1)(i)).
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN 732 NA 17.84(e)
specified portions
of the Tellico
River; see
17.84(e)(1)(ii)).
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.84(e)
specified portions
of the French
Broad and Holston
Rivers; see
17.84(e)(1)(iii)).
[[Page 52448]]
* * * * * * *
Clams
* * * * * * *
Bean, Cumberland (pearlymussel).. Villosa trabalis.... U.S.A. (AL, KY, TN, NA................. E 15 NA NA
VA).
Do.............................. ......do............ ......do........... U.S.A. (AL-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.85(b)
specified portions
of the French
Broad and Holston
Rivers; see
17.85(b)(1)).
* * * * * * *
Blossom, tubercled (pearlymussel) Epioblasma torulosa U.S.A. (AL, IL, IN, NA................. E 15 NA NA
torulosa. KY, TN, WV).
Do.............................. ......do............ ......do........... U.S.A. (AL-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
Blossom, turgid (pearlymussel)... Epioblasma turgidula U.S.A. (AL, TN).... NA................. E 15 NA NA
Do.............................. ......do............ ......do........... U.S.A. (AL-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
Blossom, yellow (pearlymussel)... Epioblasma ......do........... NA................. E 15 NA NA
florentina
florentina.
Do.............................. ......do............ ......do........... U.S.A. (AL-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
Catspaw, (=purple cat's paw Epioblasma.......... U.S.A. (AL, IL, IN, NA................. E 394 NA NA
pearlymussel). KY, OH, TN).
Do.............................. ......do............ ......do........... U.S.A. (AL-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
Clubshell........................ Pleurobema clava.... U.S.A. (AL, IL, IN, NA................. E 488 NA NA
KY, MI, OH, PA,
TN, WV).
Do.............................. ......do............ ......do........... U.S.A. (AL-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
* * * * * * *
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-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
[[Page 52449]]
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.85(b)
specified portions
of the French
Broad and Holston
Rivers; see
17.85(b)(1).
* * * * * * *
Fanshell......................... Cyprogenia stegaria U.S.A. (AL, IL, IN, NA................. E 391 NA NA
(=irrorata). KY, OH, PA, TN,
VA, WV).
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.85(b)
specified portions
of the French
Broad and Holston
Rivers; see
17.85(b)(1)).
Lampmussel, Alabama.............. Lampsilis virescens. U.S.A. (AL, TN).... NA................. E 15 NA NA
Do.............................. ......do............ ......do........... U.S.A. (AL-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
* * * * * * *
Mapleleaf, winged (mussel)....... Quadrula fragosa.... U.S.A. (AL, IA, IL, NA................. E 426 NA NA
IN, KY, MN, MO,
NE, OH, OK, TN,
WI).
Do.............................. ......do............ ......do........... U.S.A. (AL-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
* * * * * * *
Monkeyface, Appalachian Quadrula sparsa..... U.S.A. (TN, VA).... NA................. E 15 NA NA
(pearlymussel).
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.85(b)
specified portions
of the French
Broad and Holston
Rivers; see
17.85(b)(1)).
Monkeyface, Cumberland Quadrula intermedia. U.S.A. (AL, TN, VA) NA................. E 15 NA NA
(pearlymussel).
Do.............................. ......do............ ......do........... U.S.A. (AL-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.85(b)
specified portions
of the French
Broad and Holston
Rivers; see
17.85(b)(1)).
* * * * * * *
Mussel, oyster................... Epioblasma U.S.A. (AL, GA, KY, NA................. E 602 17.95(f) NA
capsaeformis. MS, NC, TN, VA).
Do.............................. ......do............ ......do........... U.S.A. (AL-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
[[Page 52450]]
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.85(b)
specified portions
of the French
Broad and Holston
Rivers; see
17.85(b)(1)).
* * * * * * *
Pearlymussel, birdwing........... Lemiox rimosus...... U.S.A. (AL, TN, VA) NA................. E 15 NA NA
Do.............................. ......do............ ......do........... U.S.A. (AL-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.85(b)
specified portions
of the French
Broad and Holston
Rivers; see
17.85(b)(1)).
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-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.85(b)
specified portions
of the French
Broad and Holston
Rivers; see
17.85(b)(1)).
* * * * * * *
Pearlymussel, dromedary.......... Dromus dromas....... U.S.A. (AL, KY, TN, NA................. E 15 NA NA
VA).
Do.............................. ......do............ ......do........... U.S.A. (AL-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.85(b)
specified portions
of the French
Broad and Holston
Rivers; see
17.85(b)(1)).
* * * * * * *
Pigtoe, fine-rayed............... Fusconaia cuneolus.. U.S.A. (AL, TN, VA) NA................. E 15 NA NA
Do.............................. ......do............ ......do........... U.S.A. (AL-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.85(b)
specified portions
of the French
Broad and Holston
Rivers; see
17.85(b)(1)).
* * * * * * *
Pigtoe, rough.................... Pleurobema plenum... U.S.A. (AL, IN, KY, NA................. E 15 NA NA
PA, TN, VA).
[[Page 52451]]
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.85(b)
specified portions
of the French
Broad and Holston
Rivers; see
17.85(b)(1)).
Pigtoe, shiny.................... Fusconaia cor....... U.S.A. (AL, TN, VA) NA................. E 15 NA NA
Do.............................. ......do............ ......do........... U.S.A. (AL-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.85(b)
specified portions
of the French
Broad and Holston
Rivers; see
17.85(b)(1)).
* * * * * * *
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-- XN ........... NA 17.85(b)
specified portions
of the French
Broad and Holston
Rivers; see
17.85(b)(1)).
* * * * * * *
Pink, ring (mussel).............. Obovaria retusa..... U.S.A. (AL, IL, IN, NA................. E 369 NA NA
KY, OH, PA, TN,
WV).
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.85(b)
specified portions
of the French
Broad and Holston
Rivers; see
17.85(b)(1)).
* * * * * * *
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-- XN ........... NA 17.85(b)
specified portions
of the French
Broad and Holston
Rivers; see
17.85(b)(1)).
* * * * * * *
Snails
* * * * * * *
Riversnail, Anthony's............ Athearnia anthonyi.. U.S.A. (AL, GA, TN) NA................. E 538 NA NA
Do.............................. ......do............ ......do........... U.S.A. (AL-- XN 709 NA 17.85(a)
specified portions
of the Tennessee
River; see
17.85(a)(1)).
Do.............................. ......do............ ......do........... U.S.A. (TN-- XN ........... NA 17.85(b)
specified portions
of the French
Broad and Holston
Rivers; see
17.85(b)(1)).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 52452]]
0
3. Amend Sec. 17.84 as follows:
0
a. Revise paragraphs (e), (m), and (o) to read as set forth below; and
0
b. Add new paragraphs (q), (r), (s), and (t) 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.
(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? 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.
(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. This species is not currently known
to exist in the Tellico River or its tributaries, the Shoal Creek or
its tributaries, or 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 the NEP areas. However, if individuals move upstream or
downstream or into tributaries outside any of the designated NEP areas,
we would presume that those individuals came from the closest
reintroduced population. We would then amend this regulation and
enlarge the boundaries of the NEP area to include the entire range of
the expanded population.
(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.
(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.
(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
[[Page 52453]]
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.
(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, 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.
(iii) In the Lower French Broad and Lower Holston Rivers NEP area,
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.
(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 52454]]
[GRAPHIC] [TIFF OMITTED] TR13SE07.000
(6) Note: Map of the Shoal Creek NEP area for spotfin chub and
boulder darter in Tennessee and Alabama follows:
[[Page 52455]]
[GRAPHIC] [TIFF OMITTED] TR13SE07.001
(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:
[[Page 52456]]
[GRAPHIC] [TIFF OMITTED] TR13SE07.002
BILLING CODE 4310-55-C
[[Page 52457]]
* * * * *
(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
this rule through our normal rulemaking process in order 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.
* * * * *
(q) 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.
This species is not currently known to exist in the Tellico River or
its tributaries or 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 these NEP areas. However, if individuals move upstream or
downstream or into tributaries outside either of the designated NEP
areas, we would presume that these individuals came from the
reintroduced population. We would then amend this rule and enlarge the
boundaries of the NEP area to include the entire range of the expanded
population.
(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.
(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.
(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? 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.
(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.
(r) Smoky madtom (Noturus baileyi). (1) Where is the smoky madtom
[[Page 52458]]
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 and 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? 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.
(5) Note: Map of the NEP area for the smoky madtom in the Tellico
River, Tennessee, appears immediately following paragraph (m)(6) of
this section.
(s) 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? 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.
(5) Note: Map of the NEP area for the slender chub in the French
Broad River and Holston River, Tennessee, appears immediately following
paragraph (m)(7) of this section.
(t) 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.
[[Page 52459]]
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? 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.
(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.
0
4. Amend Sec. 17.85 by revising paragraph (a) introductory text 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
-----------------------------------------------------
Cumberland bean (pearlymussel).. Villosa trabalis
tubercled blossom (pearlymussel) Epioblasma torulosa
torulosa
turgid blossom (pearlymussel)... Epioblasma
turgidula
yellow blossom (pearlymussel)... Epioblasma
florentina
florentina
catspaw (purple cat's paw Epioblasma
pearlymussel). obliquata
obliquata
clubshell....................... Pleurobema clava
Cumberlandian combshell......... Epioblasma
brevidens
Alabama lampmussel.............. Lampsilis virescens
winged mapleleaf (mussel)....... Quadrula fragosa
Cumberland monkeyface Quadrula intermedia
(pearlymussel).
oyster mussel................... Epioblasma
capsaeformis
birdwing pearlymussel........... Lemiox rimosus
cracking pearlymussel........... Hemistena lata
dromedary pearlymussel.......... Dromus dromas
fine-rayed pigtoe............... Fusconaia cuneolus
shiny pigtoe.................... Fusconaia cor
Anthony's riversnail............ Athearnia anthonyi
------------------------------------------------------------------------
* * * * *
(b) Sixteen mollusks in the French Broad and Holston Rivers. The
species in the following table comprise nonessential experimental
populations (NEP):
------------------------------------------------------------------------
Common name Scientific name
------------------------------------------------------------------------
Cumberland bean (pearlymussel)............ Villosa trabalis
Cumberlandian combshell................... Epioblasma brevidens
fanshell.................................. Cyprogenia stegaria
Appalachian monkeyface (pearlymussel)..... Quadrula sparsa
Cumberland monkeyface (pearlymussel)...... Quadrula intermedia
oyster mussel............................. Epioblasma capsaeformis
birdwing pearlymussel..................... Lemiox rimosus
cracking pearlymussel..................... Hemistena lata
dromedary pearlymussel.................... Dromus dromas
fine-rayed pigtoe......................... Fusconaia cuneolus
rough pigtoe.............................. Pleurobema plenum
shiny pigtoe.............................. Fusconaia cor
orange-foot pimpleback (pearlymussel)..... Plethobasus cooperianus
ring pink (mussel)........................ Obovaria retusa
white wartyback (pearlymussel)............ Plethobasus cicatricosus
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
[[Page 52460]]
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? 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.
(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 52461]]
[GRAPHIC] [TIFF OMITTED] TR13SE07.003
* * * * *
Dated: August 8, 2007.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 07-4320 Filed 9-12-07; 8:45 am]
BILLING CODE 4310-55-C