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, 34196-34230 [06-5233]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 71, Number 113 (Tuesday, June 13, 2006)]
[Proposed Rules]
[Pages 34196-34230]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5233]



[[Page 34195]]

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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Establishment of 
Nonessential Experimental Population Status for 15 Freshwater Mussels, 
1 Freshwater Snail, and 5 Fishes in the Lower French Broad River and in 
the Lower Holston River, Tennessee; Proposed Rule

Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / 
Proposed Rules

[[Page 34196]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AU01


Endangered and Threatened Wildlife and Plants; Establishment of 
Nonessential Experimental Population Status for 15 Freshwater Mussels, 
1 Freshwater Snail, and 5 Fishes in the Lower French Broad River and in 
the Lower Holston River, Tennessee

AGENCY: Fish and Wildlife, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), in 
cooperation with the State of Tennessee and Conservation Fisheries, 
Inc., a nonprofit organization, propose to reintroduce 15 mussels 
listed as endangered under section 4 of the Endangered Species Act of 
1973, as amended (Act): Appalachian monkeyface (pearlymussel) (Quadrula 
sparsa), birdwing pearlymussel (Conradilla caelata = Lemiox rimosus), 
cracking pearlymussel (Hemistena or currently =Lastena lata), 
Cumberland bean (pearlymussel) (Villosa trabalis), Cumberlandian 
combshell (Epioblasma brevidens), Cumberland monkeyface (pearlymussel) 
(Quadrula intermedia), dromedary pearlymussel (Dromus dromas), fanshell 
(Cyprogenia stegaria), fine-rayed pigtoe (Fusconaia cuneolus), 
orangefoot pimpleback (pearlymussel) (Plethobasus cooperianus), oyster 
mussel (Epioblasma capsaeformis), ring pink (mussel) (Obovaria retusa), 
rough pigtoe (Pleurobema plenum), shiny pigtoe (Fusconaia cor), and 
white wartyback (pearlymussel) (Plethobasus cicatricosus); 1 endangered 
aquatic snail: Anthony's riversnail (Athearnia anthonyi); 2 endangered 
fishes: duskytail darter (Etheostoma percnurum) and pygmy madtom 
(Noturus stanauli); and 3 fishes listed as threatened under section 4 
of the Act: slender chub (Erimystax cahni), spotfin chub (=turquoise 
shiner) (Erimonax monachus), and yellowfin madtom (Noturus flavipinnis) 
into their historical habitat in the free-flowing reach of the French 
Broad River below Douglas Dam to its confluence with the Holston River, 
Knox County, Tennessee, and in the free-flowing reach of the Holston 
River below Cherokee Dam to its confluence with the French Broad River. 
Based on the evaluation of species experts, none of these 21 species 
currently exist in these river reaches or their tributaries. These 
species are being reintroduced under the authority of section 10(j) of 
the Act and would be classified as a nonessential experimental 
population (NEP).
    The geographic boundaries of the proposed NEP would extend from the 
base of Douglas Dam (river mile (RM) 32.3 (51.7 kilometers (km)) down 
the French Broad River, Knox and Sevier Counties, Tennessee, to its 
confluence with the Holston River and then up the Holston River, Knox, 
Grainger, and Jefferson Counties, Tennessee, to the base of Cherokee 
Dam (RM 52.3 (83.7 km)) and would include the lower 5 RM (8 km) of all 
tributaries that enter these river reaches.
    These proposed reintroductions are recovery actions and are part of 
a series of reintroductions and other recovery actions that the 
Service, Federal and State agencies, and other partners are conducting 
throughout the species' historical ranges. This proposed rule provides 
a plan for establishing the NEP and provides for limited allowable 
legal take of these 16 mollusks and 5 fishes within the defined NEP 
area. We have decided to include all 21 species in a single rulemaking 
to allow us to restore the aquatic ecosystem as quickly as possible as 
we bring each of these species on line in the propagation facilities. 
We have reasons to believe all of these species co-existed in the past, 
and also want the public to understand that all of these species will 
be reintroduced into the same stretch of river rather than being 
confused by 21 separate NEPs.

DATES: We will consider comments on this proposed rule that are 
received by August 14, 2006. Requests for a public hearing must be made 
in writing and received by July 28, 2006.

ADDRESSES: You may submit comments and other information, identified by 
Regulatory Information Number (RIN) 1018-AU01, by any of the following 
methods:
     Mail or Hand Delivery: Field Supervisor, U.S. Fish and 
Wildlife Service, Tennessee Field Office, 446 Neal Street, Cookeville, 
Tennessee, 38501.
     Fax: 931-528-7075.
     E-mail: timothy_merritt@fws.gov. Include ``Attn: French 
Broad/Holston Rivers NEP'' in the subject line of the message.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    Please see the ``Public Comments Solicited'' section below for 
information about submitting comments.
    The comments and materials we receive during the comment period 
will be available for public inspection, by appointment, during normal 
business hours at our Tennessee Field Office at the above address. If 
you wish to request a public hearing, you may mail or hand deliver your 
written request to the Tennessee Field Office at the above address.

FOR FURTHER INFORMATION CONTACT: Timothy Merritt, U.S. Fish and 
Wildlife Service at the above address (telephone 931/528-6481, 
facsimile 931/528-7075).

SUPPLEMENTARY INFORMATION:

Background

    1. Legislative: Under section 10(j) of the Act, the Secretary of 
the Department of the Interior may designate reintroduced populations 
established outside the species' current range, but within its 
historical range, as ``experimental.'' Based on the best scientific and 
commercial data available, we must determine whether experimental 
populations are ``essential'' or ``nonessential'' to the continued 
existence of the species. Regulatory restrictions are considerably 
reduced under a nonessential experimental population (NEP) designation.
    Without the NEP designation, the Act provides that species listed 
as endangered or threatened are afforded protection primarily through 
the prohibitions of section 9, the consultation requirements of section 
7 and the special regulations provisions of section 4(d). Section 
9(a)(1)(B) of the Act prohibits the take of endangered wildlife. 
``Take'' is defined by the Act as ``harass, harm, pursue, hunt, shoot, 
wound, trap, capture, or collect, or attempt to engage in any such 
conduct.'' Service regulations (50 CFR 17.31) generally extend the 
prohibitions of take to threatened wildlife but these general 
provisions may be altered as deemed by the Secretary to be necessary 
and advisable for the conservation of threatened species. Section 7 of 
the Act outlines the procedures for Federal interagency cooperation to 
conserve federally listed species and protect designated critical 
habitat. It mandates that all Federal agencies use their existing 
authorities to further the purposes of the Act by carrying out programs 
for the conservation of listed species. It also states that Federal 
agencies must, in consultation with the Service, ensure that any action 
they authorize, fund, or carry out is not likely to jeopardize the 
continued existence of a listed species or result in the destruction or 
adverse modification of designated critical habitat. Section 7 of the 
Act does not affect activities undertaken on private land unless they

[[Page 34197]]

are authorized, funded, or carried out by a Federal agency.
    A population designated as experimental is treated for the purposes 
of section 9 of the Act as threatened, regardless of the species' 
designation elsewhere in its range. Threatened designation allows us 
greater discretion in devising management programs and special 
regulations for such a population. Section 4(d) of the Act allows us to 
adopt whatever regulations are necessary to provide for the 
conservation of a threatened species. Although a special 4(d) rule can 
contain the prohibitions and exceptions necessary and appropriate to 
conserve that species, regulations issued under section 4(d) for NEPs 
are usually less restrictive with regard to human activities in the 
reintroduction area.
    For the purposes of section 7 of the Act, we treat an NEP as a 
threatened species when the NEP is located within a National Wildlife 
Refuge or National Park, and section 7(a)(1) and the consultation 
requirements of section 7(a)(2) of the Act apply. When NEPs are located 
outside a National Wildlife Refuge or National Park, we treat the 
population as proposed for listing and only the conference provisions 
of section 7(a)(4) apply. Section 7(a)(4) requires Federal agencies to 
confer (rather than consult) with the Service on actions that are 
likely to jeopardize the continued existence of a species proposed to 
be listed. The results of a conference are advisory in nature and do 
not restrict agencies from authorizing, funding, or carrying out 
activities.
    2. Biological Information: The lower French Broad and Holston 
Rivers historically supported a diverse fish, snail, and mussel fauna, 
possibly as many as 85 mussel species and subspecies, or about 65 
percent of the mussel diversity once known from the entire Tennessee 
River system (Parmalee and Bogan, 1998; Steve Ahlstedt, U.S. Geological 
Survey (USGS), personal communication (pers. comm.) 2004). Of this once 
rich aquatic fauna, 7 mussel species are extinct, and 21 federally 
listed species (i.e, the 15 mussels, 1 aquatic snail, and 5 fishes 
listed above in the SUMMARY section) are extirpated from these river 
reaches. The only federally listed mussel still occurring in the 
proposed NEP area is the endangered pink mucket (Lampsilis abrupta), 
which still occurs in both the lower French Broad and lower Holston 
Rivers (Steve Ahlstedt, pers. comm. 2004). The pink mucket is not one 
of the 15 mussel species we are proposing to reintroduce under this 
NEP.
    Although much of the mussel fauna and some of the snail and fish 
fauna were eliminated from these river reaches, considerable suitable 
physical habitat remains, and various Federal (primarily the Tennessee 
Valley Authority (TVA)) and State natural resources agencies, 
industries, and municipalities have worked together to improve the 
water quality below the dams. Fish populations are rebounding 
(including the appropriate fish host species for mussel glochidia) and 
snail populations are expanding in both rivers, and non-federally 
listed mussels and snails released into the lower French Broad River to 
test the area's suitability for mollusk transplants are doing well. 
Based on the results of recent studies and observations by 
knowledgeable scientists (P. Rakes and J. Shute, Conservation 
Fisheries, Inc. (CFI), pers. comm. 2004; Ed Scott and Charlie Saylor, 
TVA, pers. comm. 2004; James Layzer and Steve Ahlstedt, USGS, pers. 
comm. 2004), these river reaches now provide suitable habitat for 
reintroductions to occur.
    Since the mid-1980s, CFI, a nonprofit organization, with support 
from us, the Tennessee Wildlife Resources Agency (TWRA), U.S. Forest 
Service, National Park Service, TVA, and Tennessee Aquarium, has 
successfully translocated, propagated, and reintroduced spotfin chubs, 
duskytail darters, yellowfin madtoms, and smoky madtoms into Abrams 
Creek, Great Smoky Mountains National Park, Blount County, Tennessee. 
These fish historically occupied Abrams Creek prior to an ichthyocide 
treatment in the 1950s. An NEP designation for Abrams Creek was not 
needed since the entire watershed occurs on National Park Service land; 
section 7 of the Act applies regardless of the NEP designation, and 
existing human activities and public use are consistent with protection 
and take restrictions needed for the reintroduced populations. Natural 
reproduction by all four species in Abrams Creek has been documented, 
but the spotfin chub appears to be the least successful in this 
capacity (Rakes and Shute 2004a, 2004b). We have also worked with CFI 
to translocate, propagate, and reintroduce these same four fish into an 
NEP established for a section of the Tellico River, Monroe County, 
Tennessee (67 FR 52420, August 12, 2002). Propagated fish of these four 
species were released into the Tellico River starting in 2003 and 
continuing in 2004. It is still too early to determine the success of 
these releases, but it is believed that the habitat and water quality 
is sufficient to ensure future success similar to the Abrams Creek 
reintroductions. CFI has also successfully placed yellowfin madtoms in 
an existing NEP on the North Fork Holston River, Washington County, 
Virginia. This site is separated from the proposed NEP on the lower 
Holston River by reservoirs, and the fish is not known from any of 
these reservoirs or intervening river sections. These reservoirs and 
river sections act as barriers to movement by the fish and assure that 
the North Fork Holston River population will remain geographically 
isolated and easily identifiable as a distinct population from the 
proposed Lower Holston River population.
    3. Listing Information, Distribution, and Recovery Goals/
Objectives: The Appalachian monkeyface (pearlymussel) (Quadrula sparsa) 
(Lea 1841) was listed as an endangered species on June 14, 1976 (41 FR 
24062). We finalized a recovery plan for the species in July 1984 
(Service 1984a). It historically occurred in the Tennessee River and 
three of its tributaries: the Clinch, Holston, and Powell Rivers 
(Service 1984a). We are unaware of historical records of the species in 
the French Broad River, but archeological records (Parmalee and Bogan 
1998) of this species exist from the Little Pigeon River (a lower 
French Broad River tributary). The species may still survive in 
extremely low numbers in the Powell River in Tennessee and the Clinch 
River in Virginia (Parmalee and Bogan 1998). No downlisting 
(reclassification from endangered to threatened) criteria are provided 
in the recovery plan. The delisting objectives for the Appalachian 
monkeyface (Service 1984a) are to: (1) Restore the viability of the 
Clinch and Powell River populations; (2) reestablish or discover viable 
populations in one additional river; (3) ensure that the species is 
protected from present and foreseeable threats to the continued 
existence of any population; and (4) determine that there are 
noticeable improvements in coal-related problems and substrate quality 
in the Powell River and that no increase in coal-related sedimentation 
has occurred in the Clinch River.
    The birdwing pearlymussel (Conradilla caelata = Lemiox rimosus) 
(Conrad 1834) was listed as an endangered species on June 14, 1976 (41 
FR 24062). We finalized a recovery plan for the species in July 1984 
(Service 1984b). We also established an NEP for the birdwing 
pearlymussel and 15 other federally listed mussels for a section of the 
Tennessee River below the Wilson Dam in Colbert and Lauderdale 
Counties, Alabama, on June 14, 2001 (66

[[Page 34198]]

FR 32250). Historical records exist for the species in 11 rivers in the 
Tennessee River system, and one record exists from an unknown location 
in the Cumberland River. Historically, the species occurred in the 
Tennessee River near the confluence of the French Broad and Holston 
Rivers, in the Holston River just upstream of its confluence with the 
French Broad River, and in the Nolichucky River (a French Broad River 
tributary) (Parmalee and Bogan 1998). Archeological records (Parmalee 
1988) of this species exist from the Little Pigeon River, a lower 
French Broad River tributary. It now survives in the Clinch and Powell 
Rivers in Tennessee and Virginia and in the Duck and Elk Rivers in 
Tennessee (Service 1984b). No downlisting criteria are given in the 
recovery plan. The delisting objectives for the birdwing pearlymussel 
(Service 1984b) are to: (1) Restore the viability of the Clinch and 
Powell River populations; (2) reestablish or discover viable 
populations in two additional rivers; (3) ensure that the species is 
protected from present and foreseeable threats to the continued 
existence of any population; and (4) determine that noticeable 
improvements in coal-related problems and substrate quality have 
occurred in the Powell River and that no increase in coal-related 
sedimentation has occurred in the Clinch River.
    The cracking pearlymussel (Hemistena lata) (Rafinesque 1820) was 
listed as an endangered species on September 28, 1989 (54 FR 39850). We 
finalized a recovery plan for the species in July 1991 (Service 1991a). 
We also established an NEP for the cracking pearlymussel and 15 other 
federally listed mussels for a section of the Tennessee River below the 
Wilson Dam in Colbert and Lauderdale Counties, Alabama, on June 14, 
2001 (66 FR 32250). This species historically occurred in the Ohio, 
Cumberland, and Tennessee River systems (Bogan and Parmalee 1983; 
Service 1991a). It is extirpated throughout much of its range. 
Historical records exist from the Tennessee River near the confluence 
of the French Broad and Holston Rivers (Parmalee and Bogan 1998). No 
historical records exist for the species in the French Broad system, 
but archaeological records (Parmalee 1988) of this species exist from 
the Little Pigeon River, a lower French Broad River tributary. It now 
survives at a few shoals in the Clinch and Powell Rivers in Tennessee 
and Virginia (Bogan and Parmalee 1983; Neves 1991). It possibly 
survives in the Green River in Kentucky and in the Tennessee River, 
below Pickwick Dam, in Tennessee (Service 1991a). The downlisting 
objectives for the cracking pearlymussel (Service 1991a) are to: (1) 
Reestablish/discover five viable populations; (2) ensure that one 
naturally produced year class exists within each population; (3) 
determine if recovery actions have been successful, as determined by an 
increase in population density and/or an increase in length of river 
inhabited; and (4) ensure there are no foreseeable threats to the 
continued existence of any population. The delisting objectives call 
for the reestablishment/discovery of eight viable populations and two 
naturally produced year classes within each population.
    The Cumberland bean (pearlymussel) (Villosa trabalis) (Conrad 1834) 
was listed as an endangered species on June 14, 1976 (41 FR 24062). We 
finalized a recovery plan for the species in August 1984 (Service 
1984c). We also established an NEP for the Cumberland bean and 15 other 
federally listed mussels for a section of the Tennessee River below the 
Wilson Dam in Colbert and Lauderdale Counties, Alabama, on June 14, 
2001 (66 FR 32250). This species historically occurred in 10 river 
systems in the Cumberland and Tennessee River basins (Service 1984c). 
No historical records exist in the French Broad River system, but 
archaeological records (Parmalee 1988) of this species exist from the 
Little Pigeon River, a lower French Broad River tributary. The 
Cumberland bean now survives only in the Hiwassee River in Tennessee; 
in Buck Creek, the Little South Fork of the Cumberland River, and the 
Rockcastle River system in Kentucky; and in the Big South Fork of the 
Cumberland River in Tennessee and Kentucky (Service 1984c). No 
downlisting criteria are given in the recovery plan. The delisting 
objectives for the Cumberland bean (Service 1984c) are to: (1) Restore 
the viability of populations in Buck Creek, the Rockcastle River, and 
the Little South Fork River in Kentucky; (2) reestablish or discover 
viable populations in two additional rivers; (3) ensure that the 
species is protected from present and foreseeable threats to the 
continued existence of any population; and (4) determine that 
noticeable improvements in coal-related problems and substrate quality 
have occurred in the upper Cumberland and Tennessee drainages and that 
no increase in coal-related sedimentation exists in streams containing 
this species.
    The Cumberlandian combshell (Epioblasma brevidens) (Lea 1831) was 
listed as an endangered species on January 10, 1997 (62 FR 1647). 
Critical habitat was designated for this species on August 31, 2004 (69 
FR 53136). We finalized a recovery plan for the species in May 2004 
(Service 2004). We also established an NEP for the Cumberlandian 
combshell and 15 other federally listed mussels for a section of the 
Tennessee River below the Wilson Dam in Colbert and Lauderdale 
Counties, Alabama, on June 14, 2001 (66 FR 32250). This mussel was 
historically distributed throughout much of the Cumberlandian Region of 
the Tennessee and Cumberland River drainages in Alabama, Kentucky, 
Tennessee, and Virginia (Gordon 1991). Currently, populations survive 
in a few river reaches in both river systems (Gordon 1991). It 
historically occurred in the lower Holston River and a French Broad 
River tributary (Nolichucky River) (Parmalee and Bogan 1998). 
Archaeological records (Parmalee 1988) of this species exist from the 
Little Pigeon River, a lower French Broad River tributary. The 
downlisting objectives for the Cumberlandian combshell (Service 2004) 
call for the reestablishment/discovery of six viable populations and 
one naturally reproducing year class within each viable population. The 
delisting objectives are to: (1) Reestablish or discover viable 
populations in nine distinct streams, including three in the Cumberland 
River system, four in the upper Tennessee River system, and two in the 
lower Tennessee River system; (2) ensure that the species is protected 
from present and foreseeable threats to the continued existence of any 
population; and (3) ensure two distinct naturally reproducing year 
classes exist within each of the viable populations.
    The Cumberland monkeyface (pearlymussel) (Quadrula intermedia) 
(Conrad 1836) was listed as an endangered species on June 14, 1976 (41 
FR 24062). We completed a recovery plan for the species in July 1984 
(Service 1984d). We also established an NEP for the Cumberland 
monkeyface and 15 other federally listed mussels for a section of the 
Tennessee River below the Wilson Dam in Colbert and Lauderdale 
Counties, Alabama, on June 14, 2001 (66 FR 32250). It historically 
occurred in 11 rivers in the Tennessee River system (Service 1984d). 
Based on collections from aboriginal shell middens, Parmalee and Bogan 
(1998) stated that the species once occurred at the confluence of the 
French Broad and Holston Rivers. The species now survives at a few 
shoals in the Powell River in Tennessee and Virginia and the Elk and 
Duck Rivers in Tennessee (Service 1984d). No downlisting criteria are 
given in the recovery plan. The delisting objectives for the Cumberland

[[Page 34199]]

monkeyface (Service 1984d) are to: (1) Restore the viability of the 
Powell and Elk River populations; (2) reestablish or discover viable 
populations in two additional rivers; (3) ensure that the species is 
protected from present and foreseeable threats to the continued 
existence of any population; and (4) determine that noticeable 
improvements in coal-related problems and substrate quality have 
occurred in the Powell River and that no increase in coal-related 
sedimentation occurs in the Clinch River.
    The dromedary pearlymussel (Dromus dromas) (Lea 1845) was listed as 
an endangered species on June 14, 1976 (41 FR 24062). We completed a 
recovery plan for the species in July 1984 (Service 1984e). We also 
established an NEP for the dromedary pearlymussel and 15 other 
federally listed mussels for a section of the Tennessee River below the 
Wilson Dam in Colbert and Lauderdale Counties, Alabama, on June 14, 
2001 (66 FR 32250). It was historically widespread in the Cumberland 
and Tennessee River systems (Bogan and Parmalee 1983). Parmalee and 
Bogan (1998) reported that the species historically occurred in the 
lower Holston River in Knox and Grainger Counties. Archaeological 
records of this species exist from the Little Pigeon River, a lower 
French Broad River tributary (Parmalee 1988). It survives at a few 
shoals in the Powell and Clinch Rivers in Tennessee and Virginia and 
possibly in the Cumberland River in Tennessee (Service 1984e; Neves 
1991). No downlisting criteria are given in the recovery plan. The 
delisting objectives for the dromedary pearlymussel (Service 1984e) are 
to: (1) Restore the viability of the Clinch and Powell River 
populations; (2) reestablish or discover viable populations in three 
additional rivers; (3) ensure that the species is protected from 
present and foreseeable threats to the continued existence of any 
population; and (4) determine that noticeable improvements in coal-
related problems and substrate quality have occurred in the Powell 
River and that no increase in coal-related sedimentation occurs in the 
Clinch River.
    The fanshell (Cyprogenia stegaria) (Rafinesque 1820) was listed as 
an endangered species on June 21, 1990 (55 FR 25591). We completed a 
recovery plan for the species in July 1991 (Service 1991b). It 
historically occurred in the Ohio River and many of its large 
tributaries in Pennsylvania, West Virginia, Ohio, Indiana, Illinois, 
Kentucky, Alabama, Virginia, and Tennessee (Service 1991b). Ortmann 
(1918) reported it from the lower Holston River, and Parmalee and Bogan 
(1998) reported it from archaeological sites in the lower French Broad 
River and its tributary, the Little Pigeon River. Presently, the 
fanshell is believed to be reproducing in three rivers: The Green and 
Licking Rivers in Kentucky and the Clinch River in Tennessee and 
Virginia. Additionally, based on the collection of a few old specimens 
in the 1980s, small, apparently nonreproducing, populations may still 
persist in the Muskingum and Walhonding Rivers in Ohio, the Kanawha 
River in West Virginia, the Wabash River system in Illinois and 
Indiana, the Barren River and Tygarts Creek in Kentucky, and the 
Tennessee and Cumberland Rivers in Tennessee (Service 1991b). The 
downlisting objectives for the fanshell (Service 1991b) are to: (1) 
Protect existing populations, reestablish historical populations, and/
or discover new populations so that at least nine distinct viable 
populations exist; (2) ensure that one naturally reproduced year class 
exists within each of the nine populations; and (3) ensure that studies 
of the species' biological and ecological requirements are complete and 
that any required recovery measures are beginning to succeed. The 
delisting objectives are to: (1) Protect existing populations, 
reestablish historical populations, and/or discover new populations so 
that at least 12 distinct viable populations exist; (2) ensure that two 
distinct naturally reproduced year classes exist within each viable 
population; (3) ensure that studies of the species' biological and 
ecological requirements are complete and that any required recovery 
measures are successful; (4) ensure that no foreseeable threats exist 
that would likely impact the species' survival over a significant 
portion of its range; and (5) ensure that noticeable improvements in 
water and substratum quality have occurred where habitat has been 
degraded.
    The fine-rayed pigtoe (Fusconaia cuneolus) (Lea 1840) was listed as 
an endangered species on June 14, 1976 (41 FR 24062). We finalized a 
recovery plan for the species in September 1984 (Service 1984f). We 
also established an NEP for the fine-rayed pigtoe and 15 other 
federally listed mussels for a section of the Tennessee River below the 
Wilson Dam in Colbert and Lauderdale Counties, Alabama, on June 14, 
2001 (66 FR 32250). It historically occurred in 15 Tennessee River 
tributaries (including the lower Holston River) and is currently known 
from 7 rivers (including the Nolichucky River, a French Broad River 
tributary, above the backwaters of Douglas Reservoir) (Service 1984f; 
Parmalee and Bogan 1998). No downlisting criteria are given in the 
recovery plan. The delisting objectives for the fine-rayed pigtoe 
(Service 1984f) are to: (1) Restore viable populations to the Clinch, 
Powell, and North Fork Holston Rivers, to the Little River and Copper 
Creek (Clinch River tributaries), and to the Elk River (Tennessee), 
Sequatchie River (Tennessee), and the Paint Rock River (Alabama); (2) 
reestablish or discover one viable population in an additional river; 
(3) ensure that the species is protected from present and foreseeable 
threats to the continued existence of any population, and (4) determine 
that noticeable improvements in coal-related problems and substrate 
quality have occurred in the Powell River and that no increase in coal 
or other energy-related impacts occurs in the Clinch River.
    The orangefoot pimpleback (pearlymussel) (Plethobasus cooperianus) 
(Lea 1834) was listed as an endangered species on June 14, 1976 (41 FR 
24062). We completed a recovery plan for the species in August 1984 
(Service 1984g). It historically occurred in the Ohio, Cumberland, and 
Tennessee River systems, including the lower French Broad and Holston 
Rivers (Parmalee and Bogan 1998). The species persists in the lower 
Ohio, Tennessee, and Cumberland Rivers (Service 1984g). In 2005, three 
adults were taken from the Ohio River and moved to the Kentucky 
Department of Fish and Wildlife Resources' propagation facility in 
Frankfort, Kentucky (Leroy Koch, USFWS, pers. comm. 2005). No 
downlisting criteria are given in this recovery plan. The delisting 
objectives for the orangefoot pimpleback (Service 1984g) are to ensure 
that: (1) One viable population exists in the Tennessee, Cumberland, 
and Ohio Rivers and these populations are dispersed throughout each 
river so that it would be unlikely for any one event to cause the total 
loss of any population; (2) viable populations are reestablished or 
discovered in two additional rivers; (3) three year classes, including 
one year class 10 years old or older, have naturally produced in each 
population; (4) no foreseeable threats exist that would interfere with 
the survival of any population; and (5) noticeable improvements in 
water and substratum quality have occurred where habitat has been 
degraded.
    The oyster mussel (Epioblasma capsaeformis) (Lea 1834) was listed 
as an endangered species on January 10, 1997 (62 FR 1647). Critical 
habitat was designated for this species on August 31, 2004 (69 FR 
53136). We finalized a

[[Page 34200]]

recovery plan for the species in May 2004 (Service 2004). We also 
established an NEP for the oyster mussel and 15 other federally listed 
mussels for a section of the Tennessee River below the Wilson Dam in 
Colbert and Lauderdale Counties, Alabama, on June 14, 2001 (66 FR 
32250). This mussel historically occurred throughout much of the 
Cumberlandian Region of the Tennessee and Cumberland River drainages 
(Gordon 1991). Small populations now survive in a few river reaches in 
both river systems (Gordon 1991). It was historically taken in the 
lower French Broad River near its confluence with the Holston, and a 
population still survives in the Nolichucky River, a French Broad River 
tributary, above Douglas Reservoir (Parmalee and Bogan 1998). 
Archaeological records (Parmalee 1988) of this species exist from the 
Little Pigeon River, a lower French Broad River tributary. The 
downlisting objectives for the oyster mussel (Service 2004) call for 
the reestablishment/discovery of six viable populations and one 
naturally reproducing year class within each viable population. The 
delisting objectives are to: (1) Reestablish or discover viable 
populations in nine distinct streams in the Cumberland River system, 
upper Tennessee River system, and/or lower Tennessee River system; (2) 
ensure that the species is protected from present and foreseeable 
threats to the continued existence of any population; and (3) ensure 
that two distinct naturally reproducing year classes exist within each 
of the viable populations.
    The ring pink (mussel) (Obovaria retusa) (Lamark 1819) was listed 
as an endangered species on September 29, 1989 (54 FR 40109). We 
completed a recovery plan for the species in March 1991 (Service 
1991c). It historically occurred in the Ohio River and many of its 
large tributaries in Pennsylvania, West Virginia, Ohio, Indiana, 
Illinois, Kentucky, Alabama, and Tennessee (Service 1991c). Ortmann 
(1918) and Parmalee and Bogan (1998) reported it from the lower Holston 
River, and it has been taken from an archeological site on the lower 
French Broad River (Steve Ahlstedt, USGS, pers. comm. 1998). It likely 
still survives in very low numbers in the Green River in Kentucky, the 
Tennessee River in Tennessee and Kentucky, and the Cumberland River in 
Tennessee (Service 1991c; Parmalee and Bogan 1998). In 2004 and 2005, 
three juveniles and one adult male were found in the Green River (Leroy 
Koch, USFWS, pers. comm. 2005). The adult male was taken to the 
Kentucky Department of Fish and Wildlife Resources' (KDFWR) propagation 
facility in Frankfort, Kentucky. KDFWR plans to progagate this species 
to augment existing populations and develop new ones, such as the lower 
French Broad and lower Holston Rivers. The downlisting objectives for 
the ring pink (Service 1991c) are to: (1) Protect existing populations, 
reestablish historical populations, and/or discover new populations so 
that at least six distinct populations exist; and (2) ensure that 
studies of the species' biological and ecological requirements are 
complete and that any required recovery measures developed and 
implemented from these studies are beginning to succeed. The delisting 
objectives are to: (1) Protect existing populations, reestablish 
historical populations, and/or discover new populations so that at 
least nine distinct populations exist; (2) ensure that studies of the 
species' biological and ecological requirements are complete and that 
any required recovery measures developed and implemented from these 
studies are successful; (3) ensure that no foreseeable threats exist 
which would likely impact the species' survival over a significant 
portion of its range; and (4) ensure that noticeable improvements in 
water and substratum quality have occurred where habitat has been 
degraded.
    The rough pigtoe (Pleurobema plenum) (Lea 1840) was listed as an 
endangered species on June 14, 1976 (41 FR 24062). We completed a 
recovery plan for the species in August 1984 (Service 1984h). This 
widespread species was historically known from 22 rivers in the 
Mississippi and Ohio River systems (Service 1984h), including the lower 
French Broad and Holston Rivers (Parmalee and Bogan 1998). 
Archaeological records (Parmalee 1988) of this species exist from the 
Little Pigeon River (a lower French Broad River tributary). It is 
currently known from the Green, Barren, Cumberland, Tennessee, and 
Clinch Rivers (Parmalee and Bogan 1998; Service 1984h). No downlisting 
criteria are given in this recovery plan. The delisting objectives for 
the rough pigtoe (Service 1984h) are to: (1) Protect existing 
populations, reestablish historical populations, and/or discover new 
populations so that at least six distinct populations exist; (2) ensure 
that these populations are dispersed throughout each river so it would 
be unlikely for any one event to cause the total loss of any 
population; (3) ensure that three year classes, including one year 
class 10 years old or older, have naturally produced in each 
population; (4) ensure that no foreseeable threats exist which would 
interfere with the survival of any population; and (5) ensure that 
noticeable improvements in water and substratum quality have occurred 
where habitat has been degraded.
    The shiny pigtoe (Fusconaia cor) (Conrad 1834) was listed as an 
endangered species on June 14, 1976 (41 FR 24062). We completed a 
recovery plan for the species in July 1984 (Service 1984i). We also 
established an NEP for the shiny pigtoe and 15 other federally listed 
mussels for a section of the Tennessee River below the Wilson Dam in 
Colbert and Lauderdale Counties, Alabama, on June 14, 2001 (66 FR 
32250). It historically occurred in the Tennessee River and 10 of its 
tributaries. It is currently known from five river systems: the Clinch, 
Powell, North Fork Holston, Elk, and Paint Rock (Service 1984i). It was 
historically reported from the Tennessee River around the mouth of the 
Holston and French Broad Rivers, and it still occurs in the North Fork 
Holston River (a Holston River tributary) above Cherokee Reservoir 
(Service 1984i; Parmalee and Bogan 1998). No downlisting criteria are 
given in the recovery plan. The delisting objectives for the shiny 
pigtoe (Service 1984i) are to: (1) Restore viable populations to the 
Clinch, Elk, Powell, North Fork Holston, and Paint Rock Rivers and to 
Copper Creek; (2) reestablish or discover one viable population in one 
additional river or two river corridors; (3) ensure that the species is 
protected from present and foreseeable threats to the continued 
existence of any population; and (4) determine that noticeable 
improvements in coal-related problems and substrate quality have 
occurred in the Powell River and that no increase in coal or other 
energy-related impacts occurs in the Clinch River.
    The white wartyback (pearlymussel) (Plethobasus cicatricosus) (Say 
1829) was listed as an endangered species on June 14, 1976 (41 FR 
24062). We completed a recovery plan for the species in September 1984 
(Service 1984j). It occurred in the Ohio, Cumberland, and Tennessee 
River systems, including the lower Holston River (Parmalee and Bogan 
1998). It still persists in the middle reaches of the Tennessee River 
(Service 1984j). No downlisting criteria are given in this recovery 
plan. The delisting objectives for the white wartyback (Service 1984j) 
are to ensure that: (1) A viable population exists in the Tennessee 
River; (2) viable populations are discovered or reestablished in two 
additional rivers; (3) these populations

[[Page 34201]]

are dispersed so it is unlikely for any one event to cause the total 
loss of the species from that river system; (4) three year classes, 
including one year class 10 years old or older, have been produced in 
each reestablished population; and (5) no foreseeable threats exist 
that would interfere with the survival of any population.
    Anthony's riversnail (Athearnia anthonyi) (Budd in Redfield 1854) 
was listed as an endangered species on April 15, 1994 (59 FR 17994). We 
completed a recovery plan for the species in August 1997 (Service 
1997). We also established an NEP for Anthony's riversnail and 16 other 
federally listed mussels for a section of the Tennessee River below the 
Wilson Dam in Colbert and Lauderdale Counties, Alabama, on June 14, 
2001 (66 FR 32250). This snail was historically found in the Tennessee 
River and the lower reaches of some of its tributaries from Muscle 
Shoals, Colbert and Lauderdale Counties, Alabama, upstream into the 
lower French Broad River (Bogan and Parmalee 1983; Service 1997). 
Currently, two populations are known: one in Limestone Creek in 
Limestone County, Alabama, and one in the Tennessee River and the lower 
portion of the Sequatchie River (a tributary to this reach of the 
Tennessee River) in Tennessee and Alabama (Service 1997). The 
downlisting objectives for Anthony's riversnail (Service 1997) are to 
ensure that: (1) Four viable populations exist; (2) two naturally 
produced year classes exist in all four populations; (3) biological 
studies on the species are completed and recovery measures are 
beginning to succeed; (4) noticeable improvements in water and 
substratum quality have occurred where habitat is degraded; (5) each 
population is protected from present and foreseeable threats; and (6) 
all four populations remain stable or increase over a 10-year period. 
The delisting objectives call for the establishment of six viable 
populations in addition to criteria (2) through (5) above. 
Additionally, all six populations should remain stable or increase over 
a 15-year period.
    The duskytail darter (Etheostoma percnurum) (Jenkins 1994) was 
listed as an endangered species on April 27, 1993 (58 FR 25758). We 
completed a recovery plan for the species in March 1994 (Service 
1994a). We also established an NEP for the duskytail darter and three 
other federally listed fishes for a section of the Tellico River in 
Monroe County, Tennessee, on August 12, 2002 (67 FR 52420). Although 
likely once more widespread in the upper Tennessee and middle 
Cumberland River systems, duskytail darters were historically known 
from six populations: Little River and Abrams Creek, Blount County, 
Tennessee; Citico Creek, Monroe County, Tennessee; Big South Fork 
Cumberland River, Scott County, Tennessee and McCreary County, 
Kentucky; Copper Creek and the Clinch River (this is one population), 
Scott County, Virginia; and the South Fork Holston River, Sullivan 
County, Virginia (Service 1994a). The South Fork Holston River 
population is apparently extirpated. The Little River, Copper Creek/
Clinch River, and Big South Fork Cumberland River populations are 
extant but small and their viability is uncertain. The Citgo Creek 
population is healthy and viable. CFI has reintroduced the species into 
Abrams Creek in Tennessee, and there are indications that it is 
becoming reestablished (Rakes and Shute 2004a). No historical records 
exist for the fish in the lower French Broad or lower Holston Rivers. 
However, we and others believe it is likely that the species once 
inhabited these waters (Rakes and Shute 1999). Our conclusion is based 
on the following facts: (1) The species was once likely much more 
widespread in the Tennessee River system; (2) the French Broad and 
Holston Rivers are tributaries to the Tennessee River between existing 
and historical populations; (3) both river reaches appear to contain 
suitable habitat for the species; and (4) there were no physical 
barriers that would have prevented the species from inhabiting these 
waters. The downlisting objectives for the duskytail darter (Service 
1994a) are to: (1) Protect and enhance existing populations and 
reestablish a population so at least three distinct viable duskytail 
darter populations exist; (2) ensure that studies of the species' 
biological and ecological requirements are complete and that any 
required recovery measures developed and implemented from these studies 
are beginning to succeed; and (3) ensure that no foreseeable threats 
exist that would likely threaten the continued existence of the three 
aforementioned viable populations. The delisting objectives are to: (1) 
Protect and enhance existing populations and reestablish populations so 
at least five distinct viable duskytail darter populations exist; (2) 
ensure that studies of the species' biological and ecological 
requirements are complete and that any required recovery measures 
developed and implemented from these studies are successful; and (3) 
ensure that no foreseeable threats exist that would likely impact the 
survival of the five aforementioned viable populations.
    The pygmy madtom (Noturus stanauli) (Etnier and Jenkins 1980) was 
listed as an endangered species on April 27, 1993 (58 FR 25758). We 
completed a recovery plan for the species in September 1994 (Service 
1994b). The pygmy madtom, which was likely more widespread in the 
Tennessee River system, has been found, and still exists, in only two 
short reaches of the Duck and Clinch Rivers in Tennessee. These river 
reaches are about 600 river miles apart. No historical records exist 
for the fish in the lower French Broad or lower Holston Rivers. 
However, we and others believe it is likely that it once inhabited 
these waters (Rakes and Shute 1999). Our conclusion is based on the 
same facts outlined above for the duskytail darter. The downlisting 
objectives for the pygmy madtom (Service 1994b) are to: (1) Protect and 
enhance existing populations so that at least two distinct viable 
populations exist; (2) ensure that studies of the species' biological 
and ecological requirements are complete and that any required recovery 
measures developed and implemented from these studies are beginning to 
succeed; and (3) ensure that no foreseeable threats exist that would 
likely impact the survival of the two aforementioned viable 
populations. No delisting criteria are given in this recovery plan.
    The slender chub (Erimystax cahni) (Hubbs and Crowe 1956) was 
listed as a threatened species on September 9, 1977, with critical 
habitat and a special rule (42 FR 45526). The critical habitat map was 
corrected on September 22, 1977 (42 FR 47840). We completed a recovery 
plan for the species in July 1983 (Service 1983a). It was historically 
known from the Clinch, Powell, and Holston Rivers (Service 1983a). The 
Holston River site is now under the Cherokee Reservoir. The species has 
not been found recently in the Powell River, and its continued 
existence in the Clinch River is represented by only one specimen taken 
in recent years (P. Rakes, pers. comm. 2002). However, collections made 
over the years have generally shown that specimens can often be taken 
only sporadically and in very small numbers. There has not been a 
concerted effort to survey for the slender chub in recent years. We 
believe that once a slender chub survey is funded, enough fish will 
exist to start a propagation program. Although the species has never 
been collected from the lower French Broad system, we and others 
believe the species once likely inhabited these waters (Rakes and Shute 
1999). Our conclusion is based on the same facts outlined above for the

[[Page 34202]]

duskytail darter. The delisting objectives for the slender chub 
(Service 1983a) are to: (1) Protect and enhance existing populations 
and/or reestablish populations so that viable populations exist in the 
Clinch and Powell Rivers; (2) ensure, through reintroductions and/or 
the discovery of new populations, that one other viable population 
exists; (3) ensure that noticeable improvements in coal-related 
problems and substrate quality have occurred in the Powell River and 
that there is no increase in coal-related sedimentation in the Clinch 
River; and (4) protect the species from threats that may adversely 
affect the survival of the populations.
    The spotfin chub (Erimonax monachus) (Cope 1868) was listed as a 
threatened species on September 9, 1977, with critical habitat and a 
special rule (42 FR 45526). The critical habitat map was corrected on 
September 22, 1977 (42 FR 47840). We completed a recovery plan for the 
species in November 1983 (Service 1983b). Two NEPs have been 
established for the spotfin chub. The first was established for the 
spotfin chub and three other federally listed fishes for a section of 
the Tellico River in Monroe County, Tennessee, on August 12, 2002 (67 
FR 52420). The second was established for the spotfin chub and the 
boulder darter (Etheostoma wapiti) for a section of Shoal Creek (a 
tributary to the Tennessee River), Lauderdale County, Alabama, and 
Lawrence County, Tennessee on April 8, 2005 (70 FR 17916). This once 
widespread species was historically known from 24 streams in the upper 
and middle Tennessee River system. Currently, it is extant in only four 
rivers/river systems (Service 1983b; P. Shute, TVA, pers. comm. 2004). 
CFI has reintroduced the species into Abrams Creek in Tennessee, and 
there are indications that it has become reestablished (Pat Rakes, CFI, 
pers. comm. 2004). Historical records exist for the species in the 
upper French Broad and upper Holston River systems, and the species 
still exists in the Holston River system above the Cherokee Reservoir 
(Service 1983b). We and our partners believe the species once likely 
inhabited the waters of the lower French Broad and lower Holston 
Rivers. Our conclusion is based on the same facts outlined above for 
the duskytail darter. The delisting objectives for the spotfin chub 
(Service 1983b) are to: (1) Protect and enhance existing populations 
and/or reestablish populations so that viable populations exist in the 
Buffalo River system, upper Little Tennessee River, Emory River system, 
and lower North Fork Holston River; (2) ensure, through reintroduction 
and/or the discovery of two new populations, that viable populations 
exist in two other rivers; and (3) ensure that no present or 
foreseeable threats exist that would likely impact the survival of any 
populations.
    The yellowfin madtom (Noturus flavipinnis) (Taylor 1969) was listed 
as a threatened species on September 9, 1977, with critical habitat and 
a special rule (42 FR 45526). The critical habitat map was corrected on 
September 22, 1977 (42 FR 47840). We completed a recovery plan for the 
species in June 1983 (Service 1983c). Two NEPs have been established 
for the yellowfin madtom. The first NEP was established for a section 
of the North Fork Holston River in Washington County, Virginia, on 
August 4, 1988 (53 FR 29335). The second NEP was established for the 
yellowfin madtom and three other federally listed fishes for a section 
of the Tellico River in Monroe County, Tennessee, on August 12, 2002 
(67 FR 52420). It was historically known from only seven streams 
(Service 1983c). Three small extant populations still exist, one each 
in Citco Creek, Copper Creek and the Powell River. The species was 
reintroduced into Abrams Creek, and the population is becoming 
reestablished (Pat Rakes, CFI, pers. comm. 2004). Reintroductions into 
the NEP section of the Tellico River are ongoing, and early results are 
promising. Although there are no historical records from the lower 
Holston River or French Broad River system, we and others believe that 
the species once likely inhabited these river reaches (Rakes and Shute 
1999). Our conclusion is based on the same facts outlined above for the 
duskytail darter. The delisting objectives for the yellowfin madtom 
(Service 1983c) are to: (1) Protect and enhance existing populations 
and/or reestablish populations so that viable populations exist in 
Copper Creek, Citico Creek, and the Powell River; (2) reestablish or 
discover viable populations in two additional rivers; (3) ensure that 
noticeable improvements in coal-related problems and substrate quality 
have occurred in the Powell River; and (4) ensure that each population 
is protected from present and foreseeable threats.
    The recovery objectives in the recovery plans for all of the 21 
species generally agree that, to reach recovery: (1) Existing 
populations should be restored to viable levels; (2) the species should 
be protected from threats to their continued existence; and (3) viable 
populations should be reestablished in historical habitat. The number 
of secure, viable populations needed to achieve recovery (existing and 
restored) varies from species to species, depending on the extent of 
the species' probable former range (i.e., historically widespread 
species require a greater number of populations for recovery than 
species with historically more restricted distributions). However, the 
reestablishment of historical populations is a critical component in 
the recovery of all these species.
    4. Reintroduction Site: At the request of the TVA and the TWRA, 
biologists from the Service, TVA, USGS, TWRA, and Alabama Game and Fish 
Division evaluated Tennessee River basin rivers for mollusk recovery 
potential. The biologists rated the French Broad River downstream of 
Douglas Dam as having a high potential for mollusk recovery and the 
Holston River below Cherokee Dam as having a medium potential primarily 
due to water quality and flow improvements to the tailwaters. In 
letters dated May 28, 1998, and June 29, 1998, the TWRA's Executive 
Director recommended that we consider reintroducing endangered mussels 
into the French Broad River below Douglas Dam and the Holston River 
below Cherokee Dam under NEP status. In an October 30, 1998, letter, 
the TWRA provided us with a list of mussel species (compiled by 
Tennessee mussel experts) that historically or probably occurred in 
these river reaches. In a December 9, 1998, letter to us, the TVA (the 
managers of the dams above the proposed NEP for hydroelectric power, 
flood control, and recreation) expressed support for mussel recovery 
efforts in the Tennessee River valley streams and tailwaters.
    Based on successes in Abrams Creek and the North Fork Holston River 
(Washington County, Virginia) and CFI's intimate knowledge of nongame 
fishes and their habitat needs, we contracted with them to survey the 
lower French Broad River and determine if we could expand our listed 
fish recovery efforts into this major Tennessee River tributary. CFI 
determined that the lower French Broad River contains potential 
suitable habitat for the reintroduction of the duskytail darter, pygmy 
madtom, spotfin chub, and yellowfin madtom (Rakes and Shute 1999). 
Additionally, Rakes and Shute (CFI, pers. comm. 2004) stated that the 
lower Holston River below Cherokee Dam could potentially support a 
reintroduced population of these fishes and that both river reaches 
contain potential habitat for slender chub reintroductions.
    In a May 17, 1999, letter to us, the TWRA's Executive Director 
stated that he concurred with the conclusions in the report prepared by 
Rakes and Shute

[[Page 34203]]

(1999). He recommended that we consider designating NEP status in the 
lower French Broad and Holston Rivers for the eventual reintroduction 
of these five fish species.
    We previously established NEPs for the birdwing pearlymussel, 
cracking pearlymussel, Cumberland bean, Cumberlandian combshell, 
Cumberland monkeyface, fine-rayed pigtoe, oyster mussel, shiny pigtoe, 
and Anthony's riversnail in the free-flowing reach of the Tennessee 
River below the Wilson Dam in Colbert and Lauderdale Counties, Alabama 
(66 FR 32250). In October 2003, 80 each of birdwing pearlymussels, 
oyster mussels, and dromedary mussels (dromedary mussels are not part 
of the proposed Lower French Broad/Lower Holston NEP) were placed in 
the NEP area below Wilson Dam. The status of these reintroduced mussels 
was checked during the summer of 2004. While it is too early to 
determine whether or not the reintroduced individuals will become an 
established population, a significant number of them have survived thus 
far, indicating that the reintroduction has a good chance of being 
successful. A total of 2,370 Anthony's riversnails have also been 
placed in the NEP area and will be monitored this spring. Establishment 
of viable populations of these species in both the Tennessee River 
below the Wilson Dam under the existing regulation and in the lower 
French Broad and lower Holston Rivers, if this proposed regulation is 
finalized, is an objective in the recovery of these species. However, 
it will take several years of monitoring to fully evaluate if 
populations of these species (and the other species) have become 
established and remain viable in these historic river reaches.
    Based on the presence of suitable physical habitat, the positive 
response of endemic aquatic species to habitat improvements, improved 
quality of the water being released from the dams, the recommendations 
of the TWRA's Executive Director, and the evaluation of biologists 
familiar with the lower French Broad and Holston Rivers, we believe the 
French Broad River (downstream of Douglas Dam) and the Holston River 
(downstream of Cherokee Dam) are suitable for the reintroduction of 
these 21 species with NEP status.
    We propose to reintroduce these 21 species into historical habitat 
of the free-flowing reach of the French Broad River from RM 22.3 (35.7 
km) (approximately 10 RM (16 km) below Douglas Dam), Knox and Sevier 
Counties, Tennessee, to the backwaters of Fort Loudoun Reservoir, 
upstream of, but near the confluence with the Holston River, Knox 
County, Tennessee, and in the free-flowing reach of the Holston River, 
Knox, Grainger, and Jefferson Counties, Tennessee, from above the 
backwaters of Fort Loudoun Reservoir just upstream of its confluence 
with the French Broad River, upstream to RM 42.3 (67.7 km) 
(approximately 10 RM (16 km) below Cherokee Dam). These river reaches 
contain the most suitable habitat for the reintroductions. None of 
these 21 species are known to currently exist in these river reaches, 
in tributaries to these reaches, or have free access to these reaches.
    5. Reintroduction Procedures: The dates for these proposed 
reintroductions, the actual number of individuals to be released, and 
the specific release sites cannot be determined at this time.
    Mussel propagation and juvenile rearing technology are currently 
being refined, and juvenile mussels of some species could be available 
for reintroduction soon after a NEP rule is finalized. Individual 
endangered mussels that would be used for these proposed 
reintroductions will be primarily artificially propagated juveniles. 
However, it is possible that wild adult stock of some mussels could 
also be released into the area. The parent stock for mussel propagation 
will come from existing wild populations in the Tennessee, Cumberland, 
and Ohio Rivers, and in most cases, adults will be returned to the 
capture site. Under some circumstances, adult endangered mussels could 
be permanently relocated (i.e., kept in captivity for their entire 
life) to propagation facilities or moved directly into the NEP area 
after being used for propagation purposes. A permit under section 10 of 
the ESA would be needed for handling and maintaining threatened and 
endangered species in captivity.
    Anthony's riversnails will be collected for the proposed 
reintroductions from a large naturally reproducing population located 
in the Tennessee River, Jackson County, Alabama, and Marion County, 
Tennessee, and relocated directly into the NEP.
    Individual fishes that would be used for these proposed 
reintroductions will be primarily artificially propagated juveniles. 
However, it is possible that wild adult stock of some fishes could also 
be released into the NEP area. Propagation and juvenile rearing 
technology is available for the spotfin chub, slender chub, and 
duskytail darter. Limited numbers of yellowfin madtom juveniles can be 
reared using eggs and larvae taken from the wild, and some pygmy 
madtoms can be propagated. However, madtom propagation technology, 
which is needed to produce large numbers of juvenile madtoms, needs 
further development. The parental stock for fish propagation and 
reintroductions will come from wild populations. Duskytail darters will 
likely come from Little River in Tennessee. Yellowfin madtoms will 
likely come from the Powell River in Tennessee. Spotfin chubs will 
likely come from upstream in the Holston River system above Cherokee 
Dam in Tennessee. Pygmy madtoms will come from the Clinch River in 
Tennessee. Slender chubs will come from the upper Tennessee River basin 
in Tennessee and Virginia. In some cases, the parents will be returned 
to the wild population from which they were taken. However, in most 
cases, adult fishes will be permanently relocated to propagation 
facilities.
    To help ensure the genetic integrity of the reintroduced species 
and to match as closely as possible the genetic composition of the 
historical populations, we will observe the following guidelines: (1) 
To reduce homozygosity, at least 10 gravid female mussels, 10 fishes, 
and 10 snails, whenever possible, will be used as parental stock over 
the life of the reintroduction project (if this number cannot be 
obtained for very rare species, we will use whatever number is 
available); and (2) to match as closely as possible the genetic 
composition of the species that once existed in the lower French Broad 
and Holston Rivers, the adults and brood stock for the proposed 
reintroductions will be collected using the following criteria (in 
order of decreasing importance): (a) Donor animals will be collected 
from populations in adjacent stream/tributary systems in the same 
physiographic province, (b) donor animals will be collected from 
populations in adjacent stream/tributary systems in an adjacent 
physiographic province, and (c) donor animals will be collected from 
the only population with a sufficient number of adults to produce 
progeny.
    The permanent removal of adults (mollusks and fishes) from the wild 
for their use in proposed reintroduction efforts is allowable when the 
following conditions exist: (1) Sufficient numbers of adults are 
available within a donor population to sustain the loss without 
jeopardizing the species; (2) the species must be removed from an area 
because of an imminent threat that is likely to eliminate the 
population or specific individuals present in an area; or (3) the 
population is not reproducing (see 50 CFR 17.22). For these 21 species, 
it is

[[Page 34204]]

most likely that adults will be permanently removed because of the 
first condition. However, fewer adults will be needed for propagation 
than for actually moving individuals from a donor population to the 
NEP. An enhancement of propagation or survival permit under section 
10(a)(1)(A) of the Act must be issued before any take occurs. We will 
coordinate these proposed actions with the Service's appropriate lead 
regions and State natural resources agencies.
    6. Status of Reintroduced Populations: Previous translocations, 
propagations, and reintroductions of many of these species have not 
affected their wild populations. The use of artificially propagated 
juveniles will further reduce the potential effects on wild populations 
since fewer adults would be needed from the donor population. If any of 
the reintroduced populations become established and are subsequently 
lost, the likelihood of the species' survival in the wild would not be 
appreciably reduced because either the reintroduced individuals will be 
from propagated stock or the donor population will be of sufficient 
size to handle movement of adults. Therefore, we have determined that 
the reintroduced populations of these 21 species in the lower French 
Broad and Holston Rivers are not essential to the continued existence 
of these species. We will ensure, through our section 10 permit 
authority and the section 7 consultation process, that the use of 
animals from any donor population for these proposed reintroductions is 
not likely to jeopardize the continued existence of the species.
    7. Location of Reintroduced Population: The NEP area, which 
encompasses all the sites for the proposed reintroductions, will extend 
from the base of Douglas Dam down the French Broad River, Knox and 
Sevier Counties, Tennessee, to its confluence with the Holston River; 
then up the Holston River, Knox, Grainger, and Jefferson Counties, 
Tennessee, to the base of Cherokee Dam; and the lower 5 RM (8 km) of 
all tributaries that enter these river reaches.
    Section 10(j) of the Act requires that an experimental population 
be geographically separate from other wild populations of the same 
species. The proposed NEP area is totally isolated from existing 
populations of these species by large reservoirs, and none of these 
species are known to occur in, or are likely to move through, large 
reservoir habitat. Therefore, these reservoirs will act as barriers to 
the expansion of these species into other sections of the Tennessee 
River basin and will ensure that the proposed NEPs remain 
geographically isolated and easily distinguishable from existing wild 
populations. Based on the habitat requirements of these mollusks and 
fishes, we do not expect them to become established outside the 
proposed NEP area. However, if any of the reintroduced species move 
outside the designated NEP area, then the animals would be considered 
to have come from the NEP area. In that case, we may propose to amend 
this rule to enlarge the boundaries of the NEP area to include the 
entire range of the expanded population(s).
    The designated NEP area for the duskytail darter, spotfin chub