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, 52434-52461 [07-4320]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 72, Number 177 (Thursday, September 13, 2007)]
[Rules and Regulations]
[Pages 52434-52461]
From the Federal Register Online via the Government Printing 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

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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 https://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 geoff_call@fws.gov).

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

[[Page 52436]]

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 are