Endangered and Threatened Wildlife and Plants; Endangered Status for the Altamaha Spinymussel and Designation of Critical Habitat, 61664-61690 [2010-25026]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Proposed Rules]
[Pages 61664-61690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25026]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2008-0107]
[92210 1111 0000-B2]
RIN 1018-AV88


Endangered and Threatened Wildlife and Plants; Endangered Status 
for the Altamaha Spinymussel and Designation of Critical Habitat

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service, propose to list the 
Altamaha spinymussel (Elliptio spinosa), a freshwater mussel endemic to 
the Altamaha River drainage of southeastern Georgia, as an endangered 
species under the Endangered Species Act of 1973, as amended (Act), and 
to designate approximately 240 kilometers (149 miles) of mainstem river 
channel as critical habitat in Appling, Ben Hill, Coffee, Jeff Davis, 
Long, Montgomery, Tattnall, Telfair, Toombs, Wayne, and Wheeler 
Counties, Georgia. This proposed rule, if made final, would implement 
the Federal protections provided by the Act.

DATES: We will consider comments received or postmarked on or before 
December 6, 2010. We must receive requests for public hearings, in 
writing, at the address shown in the FOR FURTHER INFORMATION CONTACT 
section by November 22, 2010.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments on Docket no. FWS-R4-
ES-2008-0107.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R4-ES-2008-0107; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.

[[Page 61665]]

    We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: Sandra Tucker, Field Supervisor, U.S. 
Fish and Wildlife Service, Georgia Ecological Services Office, 105 
Westpark Dr., Suite D, Athens, GA 30606; telephone 706-613-9493; 
facsimile 706-613-6059. If you use a telecommunications device for the 
deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-
877-8339.

SUPPLEMENTARY INFORMATION: This document consists of: (1) A proposed 
rule to list the Altamaha spinymussel (Elliptio spinosa) as endangered; 
and (2) a proposed critical habitat designation for this species.

Previous Federal Action

    The Altamaha spinymussel was first identified as a candidate for 
protection under the Act in the May 22, 1984, Federal Register (49 FR 
21664). As a candidate, it was assigned a status category 2 
designation, which was given to those species with some evidence of 
vulnerability, but for which additional biological information was 
needed to support a proposed rule to list as endangered or threatened. 
In our Notices of Review dated January 6, 1989 (54 FR 554), November 
21, 1991 (56 FR 58804), and November 15, 1994 (59 FR 58982), we 
retained a status category 2 designation for this species. We 
discontinued assigning categories to candidate species in our Notice of 
Review dated February 28, 1996 (61 FR 7596), and only species for which 
the U.S. Fish and Wildlife Service (Service) had sufficient information 
on biological vulnerability and threats to support issuance of a 
proposed rule were regarded as candidate species.
    On June 13, 2002, we listed the Altamaha spinymussel in the Federal 
Register (67 FR 40657) as a candidate species with a listing priority 
number (LPN) of 5. Candidate species are assigned LPNs based on 
immediacy and the magnitude of threat, as well as their taxonomic 
status. The lower the LPN, the higher priority that species is for us 
to determine appropriate action using our available resources. In our 
Notices of Review dated May 4, 2004 (69 FR 24876), and May 11, 2005 (70 
FR 24870), we determined that publication of a proposed rule to list 
the species was precluded by our work on higher priority listing 
actions and retained a LPN of 5 for this species, in accordance with 
our priority guidance published on September 21, 1983 (48 FR 43098).
    On September 12, 2006 (71 FR 53755), we changed the species' LPN 
from 5 to 2. Recent data suggesting declines from surveys conducted in 
the early 1990s and information on a new threat from deadhead logging 
justified the change in LPN. An LPN of 2 reflects threats that are both 
imminent and high in magnitude, as well as the taxonomic classification 
of the Altamaha spinymussel as a full species. We have retained an LPN 
of 2 in subsequent Notices of Review (72 FR 69033, December 6, 2007; 73 
FR 75175, December 10, 2008; 74 FR 57803, November 9, 2009).

Public Comments

    We intend that any final action resulting from this proposal will 
be based on the best scientific and commercial data available and be as 
accurate and as effective as possible. Therefore, we request comments 
or information from the public, other concerned governmental agencies, 
the scientific community, industry, or any other interested party 
concerning this proposed rule. We particularly seek comments 
concerning:
    (1) The factors that are the basis for making a listing 
determination for a species under section 4(a) of the Endangered 
Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.), which 
are:
    (a) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (c) Disease or predation;
    (d) The inadequacy of existing regulatory mechanisms; or
    (e) Other natural or manmade factors affecting its continued 
existence.
    (2) Additional information concerning the range, distribution, and 
population size of this species, including the locations of any 
additional populations of this species.
    (3) Any information on the biological or ecological requirements of 
the species.
    (4) Land use designations and current or planned activities, 
including deadhead logging, in the areas occupied by the species and 
possible impacts of these activities on this species.
    (5) Which areas would be appropriate as critical habitat for the 
species.
    (6) The reasons why areas should or should not be designated as 
critical habitat as provided by section 4 of the Act (16 U.S.C. 1531 et 
seq.).
    (7) Comments or information that may assist us in identifying or 
clarifying the primary constituent elements.
    (8) Specific information on
    (a) The amount and distribution of Altamaha spinymussel habitat,
    (b) What areas occupied at the time of listing (i.e., currently 
occupied) and that contain features essential to the conservation of 
the species which may require special management considerations or 
protection we should include in the designation and why, and
    (c) What areas not occupied at the time of listing are essential 
for the conservation of the species and why.
    (9) Any probable economic, national security, or other relevant 
impacts of designating any area that may be included in the final 
designation, in particular, any impacts to small entities, and the 
benefits of including or excluding areas that exhibit these impacts.
    (10) Whether any specific areas we are proposing as critical 
habitat should be considered for exclusion under section 4(b)(2) of the 
Act, and whether benefits of potentially excluding any specific area 
outweigh the benefits of including that area under section 4(b)(2) of 
the Act.
    (11) Information on any quantifiable economic costs of the proposed 
designation.
    (12) Information on the projected and reasonably likely impacts of 
climate change on the Altamaha spinymussel, and any special management 
needs or protections that may be needed in critical habitat areas we 
are proposing.
    (13) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We will not 
accept comments sent by e-mail or fax or to an address not listed in 
the ADDRESSES section.
    We will post your entire comment--including your personal 
identifying information--on https://www.regulations.gov. If your written 
comments provide personal identifying information, you may request at 
the top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection

[[Page 61666]]

on https://www.regulations.gov, or by appointment, during normal 
business hours, at the U.S. Fish and Wildlife Service, Georgia 
Ecological Services Office, Athens, Georgia (see FOR FURTHER 
INFORMATION CONTACT).

Background

Species Description

    The Altamaha spinymussel (Elliptio spinosa) is a freshwater mussel, 
in the family Unionidae, endemic to the Altamaha River drainage of 
southeastern Georgia. The Altamaha River is formed by the confluence of 
the Ocmulgee and Oconee rivers and lies entirely within the State of 
Georgia. The species was described by I. Lea in 1836 from a site near 
the mouth of the Altamaha River in Darien, Georgia (Johnson 1970, p. 
303).
    This species reaches a shell length of approximately 11.0 
centimeters (cm) (4.3 inches (in)). The shell is subrhomboidal or 
subtriangular in outline and moderately inflated. As the name implies, 
the shells of these animals are adorned with one to five prominent 
spines. These spines may by straight or crooked, reach lengths from 1.0 
to 2.5 cm (0.39 to 0.98 in), and are arranged in a single row that is 
somewhat parallel to the posterior ridge. In young specimens, the 
outside layer or covering of the shell (periostracum) is greenish-
yellow with faint greenish rays, but as the animals get older, they 
typically become a deep brown, although some raying may still be 
evident in older individuals. The interior layer of the shell (nacre) 
is pink or purplish (Johnson 1970, p. 303).

Life History and Habitat

    Adult freshwater mussels are filter-feeders, siphoning 
phytoplankton, diatoms, and other microorganisms from the water column. 
For the first several months, juvenile mussels employ pedal (foot) 
feeding, extracting bacteria, algae, and detritus from the sediment 
(Yeager et al. 1994, pp. 217-221; Wisniewski 2008, pers. comm.).
    Although the life history of the Altamaha spinymussel has not been 
studied, the life histories of other mussels in the Elliptio genus have 
been. Fertilization takes place internally, resulting in the release of 
parasitic larvae, termed glochidia. To ensure survival, glochidia must 
come into contact with a specific host fish(es) to develop into 
juvenile mussels. Other mussels in the genus Elliptio attract host 
fishes with visual cues, luring fish into perceiving that their 
glochidia are prey items (The Nature Conservancy (TNC) 2004, p. 4). 
This reproductive strategy depends on clear water during the time of 
the year when mussels release their glochidia (Hartfield and Hartfield 
1996, p. 375). The Altamaha spinymussel is thought to reproduce in late 
spring and ready to release glochidia by May or June (Johnson 2009, p. 
2). The host fish of the Altamaha spinymussel is currently unknown. 
Furthermore, juvenile age classes of other mussels are commonly found 
during surveys; however, no spinymussel recruitment has been evident in 
surveys conducted since 1990 (Keferl 2008, pers. comm.; Wisniewski 
2008, pers. comm.). Research to develop a better understanding of the 
natural history and the reasons for a lack of recruitment in the 
species is continuing.
    This spinymussel is known only from Georgia in Glynn, Ben Hill, 
McIntosh, Telfair, Tattnall, Long, Montgomery, Toombs, Wheeler, 
Appling, Jeff Davis, Coffee, and Wayne Counties. This spinymussel is 
considered a ``big river'' species; is associated with stable, coarse 
to fine sandy sediments of sandbars, sloughs, and mid-channel islands; 
and appears to be restricted to swiftly flowing water (Sickel 1980, p. 
12). Johnson (1970, p. 303) reported Altamaha spinymussels buried 
approximately 5.1 to 10.2 cm (2.0 to 4.0 in) below the substrate 
surface.

Species Distribution and Status

    The historical range of the Altamaha spinymussel was restricted to 
the Coastal Plain portion of the Altamaha River and the lower portions 
of its three major tributaries, the Ohoopee, Ocmulgee, and Oconee 
Rivers (Johnson 1970, p. 303; Keferl 2001, pers. comm.). Large-scale, 
targeted surveys for the mussel have been conducted since the 1960s 
(Keferl 1993, p. 299). Recent surveys have revealed a dramatic decline 
in recruitment, the number of populations, and number of individuals 
within populations throughout the species' historic range.
Ohoopee River
    In a survey of the Ohoopee River, Keferl (1981, pp. 12-14) found at 
least 30 live specimens of the Altamaha spinymussel at seven of eight 
collection sites, in thinly scattered beds, in the lower 8 kilometers 
(km) (5 miles(mi)) of the river. By the early 1990s, however, only two 
live specimens were found at the same sites (Keferl 1995, pp. 3-6; 
Keferl 2008 pers. comm.; Wisniewski 2006, pers. comm.). Stringfellow 
and Gagnon (2001, pp. 1-2) resurveyed these sites using techniques 
similar to those used by Keferl (1981, p. 12), but they did not find 
any live Altamaha spinymussels in the Ohoopee River. Therefore, it is 
currently either extirpated from the system or present in such low 
numbers that it is undetectable.
Ocmulgee River
    The Altamaha spinymussel is known from the Ocmulgee River from its 
confluence with the Oconee River upstream to Red Bluff in Ben Hill 
County. Early collecting efforts in the Ocmulgee River near Lumber City 
yielded many live Altamaha spinymussels. In 1962, Athearn made a single 
collection of 40 live spinymussels downstream of U.S. Highway 341 near 
Lumber City (Johnson et al. 2008, Athearn database). Researchers 
collected 19 and 21 live individuals, respectively, during two surveys 
at Red Bluff (Thomas and Scott 1965, p. 67). In 1986, Stansbery 
collected 11 live individuals at the U.S. Highway 441 Bridge near 
Jacksonville, Georgia (Wisniewski 2006, pers. comm.).
    The lower Ocmulgee River was surveyed by Keferl in the mid 1990s, 
during 2000-2001 (Cammack et al. 2001, p. 11; O'Brien 2002, p. 2), and 
in 2004 (Dinkins 2004, pp. 1-1 and 2-1). Over 90 sites have been 
surveyed since 1993, many of which were repeatedly surveyed, resulting 
in a total of 19 live Altamaha spinymussels detected at 10 sites, 
distributed from Jacksonville downstream to the Oconee River 
confluence.
Oconee River
    There are few historical records of Altamaha spinymussels from the 
Oconee River. Athearn collected 18 spinymussels, including 5 juveniles, 
at a site in Montgomery County near Glenwood in the late 1960s (Johnson 
2008, Athearn database). The species has not been collected there since 
and is probably extirpated from the Oconee River system (Keferl 2008, 
pers. comm.). In 1995, as part of a dam relicensing study, 41 sites 
between Lake Sinclair and Dublin were surveyed (EA Engineering 1995, 
pp. 1-1, 3-1, 3-2, 4-2, and 4-3). One hundred forty-four hours of 
search time yielded 118 live mussels, but no Altamaha spinymussels. 
Compared to the other portions of its range, the Oconee River has not 
been extensively surveyed, in part because the entire mussel fauna of 
this river appears to be sparse.
Altamaha River
    Most surveys for Altamaha spinymussels have been conducted in the 
Altamaha River. Although methodological differences preclude accurate 
comparison of mussel abundances over time, there is evidence that 
historically higher abundances of

[[Page 61667]]

Altamaha spinymussels occurred in the Altamaha River. Early surveys at 
the U.S. Route 301 crossing documented 20 individuals in 1963, 7 in 
1965, and 43 in 1970. Sickel sampled seven sites downstream of the U.S. 
1 bridge in 1967. Sixty spinymussels were collected in one 500-square 
meters (m\2\) (5382-square feet (ft\2\)) site and an additional 21 
spinymussels were collected in a 400-m\2\ (4306-ft\2\) (Sickel 1967, p. 
11; Wisniewski 2006, pers. comm.) site. One site had five live 
spinymussels, two sites had one each, and two sites had no Altamaha 
spinymussels.
    From 1993 to 1996, Keferl surveyed 164 sites on the mainstem of the 
Altamaha River between the Ocmulgee-Oconee River confluence and the 
Interstate 95 crossing near the river's mouth. A total of 63 live 
Altamaha spinymussels were collected from 18 of these sites, located 
between the Oconee River and U.S. Route 301; however, no Altamaha 
spinymussels were collected below U.S. Route 301, suggesting absence or 
extreme rarity in the reach between U.S. Route 301 and the river's 
mouth (approximately 73 km (45 mi)). In addition, 10 of these sites 
were clustered within a 4-km (2-mi) reach upstream of the U.S. Route 
301 crossing near Jesup; the remaining eight sites were isolated by 
long distances of habitat with no or sub-detectable numbers of live 
spinymussels.
    O'Brien (2002, pp. 3-4) surveyed 30 sites on the Altamaha River 
from the confluence of the Ocmulgee and Oconee Rivers downstream to 
U.S. Route 301 during 2001, including the 18 known Altamaha spinymussel 
sites, reported by Keferl, within the reach. She collected a total of 
six live individuals from five different sites and freshly dead shells 
from two additional sites.
    In 2003 and 2004, 25 sites were surveyed to collect specimens for 
host-fish trials (Albanese 2005, pers. comm.). Live Altamaha 
spinymussels were detected at only four sites. Five of the seven sites 
documented by O'Brien and all four sites documented during the host-
fish surveys were clustered within a short reach of the Altamaha River 
just upstream of the U.S. Route 301 crossing near Jesup, Georgia.
    To summarize, researchers were able to find 60 Altamaha 
spinymussels at a single site on the Altamaha River in 1967; in 
contrast, the largest number of Altamaha spinymussels observed from a 
single site on the Altamaha River during the 1990s or 2000s was nine 
(Albanese 2005, pers. comm.).
Summary of Basin-wide Population Estimates
    In 1994, researchers spent 128 search-hours throughout the Altamaha 
Basin to find 41 spinymussels (Keferl 1995, p. 3). From 1997 through 
2006, researchers searched 233 sites throughout the basin to document 
34 spinymussels in more than 550 hours of searching (Wisniewski 2006, 
pers. comm.); from 2007 to 2009, only 23 spinymussels were found from 
more than 110 sites (Wisniewski 2009, pers. comm.). In summary, the 
Altamaha spinymussel is considered extirpated from two rivers in its 
historical range, the Ohoopee (15 km (9 mi)) and Oconee Rivers (45 km 
(28 mi)), as well as the lower 73 km (45 mi) of the Altamaha River 
(Table 1). Since 1997, despite extensive survey efforts made by several 
different researchers, only 57 spinymussels have been observed from 7 
sites in the Ocmulgee (110 km (68 mi)) and 15 sites in the upper 
Altamaha (116 km (72 mi)) combined, and while individual spinymussels 
have been found scattered throughout this stretch of river, most of 
these sites have been clustered in the 10 km (6 mi) immediately north 
of the U.S. Route 301 crossing.

                             TABLE 1. Decline in range of the Altamaha spinymussel.
----------------------------------------------------------------------------------------------------------------
                                                                                                     Percent of
               River Reach                   Historically Occupied           Current habitat            range
                                                 (linear km/mi)                                        decline
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Ohoopee                                   15km/9mi                     Not seen since 1997                   4%
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Oconee                                    45km/28mi                    Not seen since 1968                12.5%
----------------------------------------------------------------------------------------------------------------
Ocmulgee                                  110km/68.3mi                 Widely scattered                       0
----------------------------------------------------------------------------------------------------------------
Upper Altamaha                            116km/72mi                   Widely scattered                       0
                                                                        individuals
----------------------------------------------------------------------------------------------------------------
Lower Altamaha                            73km/45mi                    Not seen since 1970                  20%
----------------------------------------------------------------------------------------------------------------
                  Total                   359km/222 mi                 226km/140 mi                       36.5%
----------------------------------------------------------------------------------------------------------------

    Using GDNR's database, which included many of the surveys mentioned 
above, Wisniewski et al. (2005, p. 2) conducted a test for a temporal 
change in sites occupied in the Ocmulgee and Altamaha Rivers between 
the early 1990s and the early 2000s. Live Altamaha spinymussels were 
detected at 24 of 241 sites (10 percent) sampled before 2000 and at 14 
of 120 sites (12 percent) sampled after 2000. Although the percentage 
of sites occupied is not indicative of a decline, an analysis of 39 
sites sampled during both time periods, of which the spinymussel was 
initially present in 13 of the 39 sites, indicated that the spinymussel 
was lost from significantly more sites (11 sites) than it colonized (3 
sites) between the early 1990s and early 2000s (Wisniewski et al. 2005, 
p. 2). This test is imprecise because the failure to detect Altamaha 
spinymussels when present could result in both false colonizations 
(species missed during early surveys but detected in recent survey) and 
false extirpations (species detected during early survey but missed 
during recent survey). Thus, although the exact number of extirpations 
and colonizations between the two time periods may not be accurate, the 
much higher number of extirpations is suggestive of a decline over this 
time period.

Summary of Factors Affecting the Species

    Section 4 of the Act and its implementing regulations (50 CFR part 
424) set forth the procedures for adding species to the Federal Lists 
of Endangered and Threatened Wildlife and Plants. A species may be 
determined to be an endangered or threatened species due to one or more 
of the five factors described in section 4(a)(1) of the Act. The five 
listing factors are: (A) The present or threatened destruction, 
modification, or

[[Page 61668]]

curtailment of its habitat or range; (B) overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
disease or predation; (D) the inadequacy of existing regulatory 
mechanisms; and (E) other natural or manmade factors affecting its 
continued existence.

A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range

    Bogan (1993, pp. 599-600 and 603-605) linked the decline and 
extinction of bivalves to a wide variety of threats including 
siltation, industrial pollution, municipal effluents, modification of 
stream channels, impoundments, pesticides, heavy metals, invasive 
species, and the loss of host fish. The Altamaha spinymussel lives 
within a large river drainage exposed to a variety of landscape uses. 
Habitat and water quality for the Altamaha spinymussel face degradation 
from a number of sources. Primary among these are threats from 
sedimentation and contaminants within the streams that the spinymussel 
inhabits.
    Sickel (1980, p. 12) characterized the habitat of the Altamaha 
spinymussel as course to fine grain sandbars and suggested that this 
may make the Altamaha spinymussel susceptible to adverse effects from 
sediment (siltation). Sediments deposited on the stable sandbars 
required by the Altamaha spinymussel could make sandbars unstable, 
suffocate Altamaha spinymussels, or simply change the texture of the 
substrate, making them unsuitable for the species. Sedimentation, 
including siltation from surface runoff, has been implicated as a 
factor in water quality impairment in the United States and has 
contributed to the decline of mussel populations in streams throughout 
the country (Ellis 1936, pp. 39-41; Coon et al. 1977, p. 284; Marking 
and Bills 1979, pp. 209-210; Wilber 1983, pp. 25-57; Dennis 1984, pp. 
207-212; Aldridge et al. 1987, pp. 25-26; Schuster et al. 1989, p. 84; 
Wolcott and Neves 1991, pp. 1-6; Houp 1993, p. 96; Bogan 1993, pp. 603-
605; Waters 1995, pp. 53-77; Richter et al. 1997, p. 1084).
    Specific impacts on mussels from sediments include reduced feeding 
and respiratory efficiency, disrupted metabolic processes, reduced 
growth rates, increased substrata instability, and the physical 
smothering of mussels (Ellis 1936, pp. 39-41; Stansbery 1970, p. 10; 
Markings and Bills 1979, pp. 209-210; Kat 1982, p. 124; Aldridge et al. 
1987, pp. 25-26; Hartfield and Hartfield 1996, p. 375; Brim Box and 
Mossa 1999, pp. 99-102; TNC 2004, p. 4). Many southeastern streams have 
increased turbidity levels due to siltation (van der Schalie 1938, p. 
56). Since turbidity is a limiting factor that impedes the ability of 
sight-feeding fishes to forage (Burkhead and Jenkins 1991, pp. 324-
325), turbidity within the Altamaha River basin during the times that 
Altamaha spinymussels attempt to attract host fishes may have 
contributed and may continue to contribute to the decline of the 
spinymussel by reducing its efficiency at attracting the fish hosts 
necessary for reproduction. In addition, sediment can eliminate or 
reduce the recruitment of juvenile mussels (Brim Box and Mossa 1999, 
pp. 101-102), interfere with feeding activity (Dennis 1984, pp. 207-
212), and act as a vector in delivering contaminants to streams 
(Salomons et al. 1987, p. 28).
    From 1700 to 1970, agriculture practices in the Southern Piedmont 
physiographic province resulted in extreme soil erosion, removing more 
than 17.8 cm (7 in.) of soil across the landscape (Trimble 1974, p. 1). 
The Ocmulgee, Oconee, and Ohoopee rivers all drain through the Piedmont 
and were directly affected by the sediment. In 1938, van der Schalie 
(p. 56) reported the Altamaha River to be a yellow color due to the 
large amount of suspended silt originating from intensive farming and 
road construction occurring in the headwaters. The sediment from this 
practice has moved into stream channels and valleys and has covered 
most of the original bottomlands (Trimble 1974, p. 26). As a result, 
stream profiles have been dramatically altered with unstable sediment 
deposits being dissected and streams being incised with entrained 
sediment migrating downstream to be deposited in stream channels and 
floodplains (Trimble 1974, pp. 116-121). GDNR, Environmental Protection 
Division (EPD 2007, p. iii) reported to the U.S. Environmental 
Protection Agency (EPA) that approximately 74.9 percent of the average 
sediment load in the Altamaha River Basin resulted from row crops and 
that it contributed an average sediment load of 1.07 tons per acre per 
year. EPD concluded that this sediment is probably a legacy of past 
land use. Although it is the historical, anthropogenic land use that 
created the sediment, the volume of sediment still migrating through 
the Altamaha River Basin is a significant threat to the spinymussel.
    Studies of fish population were conducted in 2000 by the GDNR 
Wildlife Resources Division (WRD) in the Altamaha River Basin. The 
Index of Biotic Integrity (IBI) and modified Index of Well-Being (IWB) 
were used by WRD to identify impaired fish populations. Using the IBI 
and IWB values to classify the populations as Excellent, Good, Fair, 
Poor, or Very Poor, stream segments with fish populations rated as Poor 
or Very Poor were listed as Biota Impacted. A lack of fish habitat due 
to stream sedimentation was generally the cause of a low IBI score.
    Five Mile Creek (14.5 km/9 mi), Bullard Creek (12.8 km/8 mi), and 
Jacks Creek (14.5 km/9 mi) were rated as Very Poor and placed on the 
State of Georgia's 303(d) list of impaired waters due to a significant 
impact on fish (EPD 2007a, pp. 1-2). These three streams eventually 
feed into the mainstem of the Altamaha River via larger channels. As 
this sediment moves through the basin, habitat is periodically buried. 
WRD recommends that there be no net increase in sediment delivered to 
the impaired stream segments so that these streams will recover over 
time (EPD 2007a, p. 26). Agriculture and roads were the major sources 
of sediment with silviculture, mining sites, grazing, and urban 
development also contributing nonpoint sources of sediment (EPD 2007a, 
p. 9). Agriculture, including row crops, poultry farms, and pastures, 
constitute 15.5 percent of the land cover in the Piedmont and 32.7 
percent of the land cover in the Coastal Plain (GDNR 2005, pp. 97 and 
132).
    In addition to agriculture, there are numerous sources of sediment 
within the Altamaha River Basin, including silviculture, unpaved roads, 
kaolin mines, and construction sites. A threat assessment conducted by 
TNC (2004, p. 9) listed sediment from urban, industrial, and nonpoint 
sources (NPSs) as a threat to the spinymussel. EPD (2007, p. v) 
reported that while historical row crop-based land use contributes the 
majority of sediment in the Altamaha River (75 percent) that among 
other sources, approximately 17.3 percent of the total sediment load is 
from roads; 4.3 percent from grasses and wetlands; 1.5 percent from 
urban lands; and 1.0 percent from quarries, strip mines, and gravel 
pits. In addition, estimates of the contribution from construction 
could not be obtained, but could represent a comparatively high 
sediment load on a per acre basis (EPD 2007, p. v).
    Industrial forest management is practiced on approximately 8,000 
hectares (40,000 acres) or 33 percent of the floodplain of the Altamaha 
River (TNC 1997, p. 19). Typical forest management regimes in the 
Altamaha River Basin use timber harvest methods and conduct other 
activities that result in ground disturbances. These ground 
disturbances can result in transport of

[[Page 61669]]

sediment to streams during and after precipitation events. In addition, 
forest management operations often require miles of unpaved roads to 
extract timber and to provide access for management activities. The 
majority of sediment from forestry occurs from roads and site 
preparation activities (EPD 2007a, p. 11). These roads, in conjunction 
with existing unpaved county roads that are prevalent throughout the 
Altamaha River Basin, contribute to sediment loading in streams after 
precipitation events. Through an agreement with EPD, the Georgia 
Forestry Commission (GFC) is responsible for implementing the use of 
Best Management Practices (BMPs) to reduce erosion and sediment from 
activities related to forestry such as timber harvest, haul road 
construction, stream crossings, stream side management zones, site 
preparation and reforestation. However, the Erosion and Sediment 
Control Act (O.C.G.A. 12-7-1) exempts commercial forestry activities 
from the need to acquire permits and meet the minimum requirements of 
that act (Georgia's BMPs for Forestry 2009, p. 64). Therefore, 
compliance with BMPs is voluntary and is dependent on education about 
BMPs to reduce sediment from reaching the Altamaha River (EPD 2007a, p. 
28).
    Furthermore, a number of kaolin mines are located along the Fall 
Line, a geologic land form that separates the Piedmont and Coastal 
Plain physiographic provinces, within the Oconee and Ocmulgee river 
basins. The operation of these mines and their supporting 
infrastructure, including haul roads and settling ponds, have the 
potential to increase downstream sediment loads if adequate erosion 
control measures are not maintained to stabilize areas subjected to 
mining-associated ground disturbances (Lasier 2004, p. 139).
    In addition, sediment can act as a vector in delivering 
contaminants (such as heavy metals, ammonia, chlorine, numerous organic 
compounds) to streams (Salomons et al. 1987, p. 28; TNC 2004, pp. 9). 
Because spinymussels are filter-feeders and bury themselves in the 
substrate, they are exposed to metals dissolved in water, contained 
within suspended particles, and deposited in bottom substrates (Naimo 
1995, p. 341). Contaminants contained in point and nonpoint discharges 
can degrade water and substrate quality and adversely impact, if not 
destroy, mussel populations (Horne and McIntosh 1979, pp. 127-132; 
McCann and Neves 1992, pp. 80-87; Havlik and Marking 1987, p. 14).
    Contaminants associated with industrial and municipal effluents may 
cause decreased oxygen, increased acidity, and other water chemistry 
changes that may be lethal to mussels, particularly during the highly 
sensitive early life stages (Sheehan et al. 1989, pp. 139-140; Keller 
and Zam 1991, pp. 541-543; Bogan 1993, pp. 603-604; Goudreau et al. 
1993, pp. 216-227; TNC 2004, pp. 8-9). Exposure to sublethal levels of 
toxic metals can alter growth, filtration efficiency, enzyme activity, 
and behavior (Naimo 1995, pp. 341, 354). In laboratory experiments, 
mussels suffered mortality when exposed to 2.0 parts per million (ppm) 
cadmium, 5.0 ppm ammonia, 12.4 ppm chromium, 16 ppm arsenic trioxide, 
19 ppm copper, and 66 ppm zinc; however, effects depend upon the length 
of exposure and mussel life stage (Havlik and Marking 1987, p. 1). The 
adults of certain species may tolerate short-term exposure (Keller 
1993, p. 701), but low levels of some metals may inhibit glochidial 
attachment in others (Huebner and Pynnonen 1992, p. 2353; Jacobson et 
al. 1993, pp. 881-882). Mussel recruitment may be reduced in habitats 
with low but chronic heavy metal and other toxicant inputs (Yeager et 
al. 1994, p. 217; Naimo 1995, pp. 347 and 351-352; Ahlstedt and 
Tuberville 1997, p. 75). Researchers found that several heavy metals 
were found to have toxic effects at different levels and duration of 
exposure; however, no toxicity studies have been conducted specifically 
on the Altamaha spinymussel (Havlik and Marking 1987, p. 3; Naimo 1995, 
p. 341; Keller and Lydy 1997, p. 4). Furthermore, differences between 
laboratory and field conditions make it difficult to predict how 
contaminants affect wild populations (Wisniewski 2008, pers. comm.).
    From 2000 to 2008, many stream segments in the Altamaha Basin have 
been listed on the State's 303(d) list of impaired waters for a variety 
of reasons. Once a stream segment is listed as impaired, the State must 
complete a plan to address the issue causing the impairment; this plan 
is call a Total Maximum Daily Load (TMDL). Completion of the plan is 
generally all that is required to remove the stream segment from the 
303(d) list and does not mean that water quality has changed. Once the 
TMDL is completed, the stream segment may be placed on the 305(b) list 
of impaired streams with a completed TMDL. Many of these stream 
segments have appeared repeatedly on the 303(d) list. The Ohoopee River 
and Little Ohoopee River have been listed on nearly every report for 
almost every violation. Other stream segments that have repeatedly 
showed up on the 303(d) list from 2000 until 2008 include Big Cedar 
Creek, Doctors Creek, Jacks Creek, Milligan Creek, Oconee Creek, 
Pendleton Creek, Rocky Creek, Sardis Creek, Swift Creek, Tiger Creek, 
and Yam Gandy Creek. This demonstrates a chronic threat, from multiple 
sources of pollution, scattered across the basin.
    In 2000, the Altamaha River was listed on the 303(d) list of 
impaired waters due to excessive mercury levels in fish tissue. In 
2002, the EPA Region 4 established a TMDL for mercury levels for the 
Altamaha River from its confluence of the Oconee and Ocmulgee Rivers to 
Penholoway Creek (149.5 km/92.9 mi) including Appling, Jeff Davis, 
Long, Tattnall, Tombs, and Wayne Counties. This river segment is 
entirely within the current or historic range of the spinymussel with 
four National Pollutant Discharge Elimination System (NPDES) permitted 
facilities, including:
 Rayonier Inc.-Jesup (67 million gallons per day (MGD));
 Plant Hatch (43.4 MGD);
 Jesup Water Pollution Control Plant (WPCP) (2.5 MGD); and
 Glennville WPCP (0.88 MGD) (EPA 2002a, pp. 1-5).
    This 149.5 km (92.9 mi) segment of the Altamaha River, from the 
confluence of the Oconee and Ocmulgee Rivers to Penholloway Creek, was 
removed from the 303(d) list in 2002; it is currently listed as a 
stream supporting its designated use (fishing).
    In 2000, EPD added 23 stream segments, totaling 411.9 km (256 mi), 
to the 303(d) list for not meeting dissolved oxygen standards (EPD 
2002, p. 1). All of these segments are within tributaries to the 
Altamaha River within the range of the spinymussel. Between 2000-2001, 
there were nine NPDES permitted discharges with effluent limits for 
oxygen consuming substances identified in the Altamaha River Basin 
watershed above the 23 stream segments listed (EPD 2002, p. 11). 
Nonpoint source run-off from natural sources contributed oxygen-
demanding pollutants (EPD 2002, p. 12). Upon completion of a TMDL in 
2002, these river segments were removed from the 303(d) list.
    In 2006, EPD listed 18 stream segments totaling 280 km (174 mi) as 
impaired due to fecal coliform bacteria in excess of water quality 
standards (EPD 2007c, pp. 1-2). All of these stream segments are 
tributaries to the Altamaha River within the current or historic range 
of the species. Between 2005-2006, there were 10 municipal wastewater 
treatment plants that discharged more than 0.1 MGD, along with four 
confined animal feed operations that were considered sources

[[Page 61670]]

of fecal coliform. Nonpoint sources include wildlife, livestock 
grazing, livestock access to streams, application of manure to 
pastureland and cropland, leaking sanitary sewer lines, leaking septic 
systems, land application systems (6 in the basin), and landfills (43 
in the basin) (EPD 2007c, pp. 10-16). Even after the completion of the 
TMDL, six of these stream segments remain on the 303(d) list.
    In 2008, EPD listed 362 stream miles of tributaries to the Altamaha 
River to the 305(b)/303(d) list of impaired waters, and all of these 
stream segments have completed TMDLs (EPD 2008 pp A-130 - A134). The 
draft 2010 305(b)/303(d) list of impaired waters for the Altamaha River 
included all of the stream segments from the 2008 list and added an 
additional 48 km (30 mi). These are all tributaries to the Altamaha or 
Ohoopee Rivers within the current or historic range of the Altamaha 
spinymussel. These stream segments are listed as impaired for a variety 
of reasons (e.g., dissolved oxygen, fecal coliform, and mercury levels 
within fish tissue). All of these river segments, such as the Ohoopee 
River (including the historic range of the spinymussel), have TMDLs but 
are still considered impaired.
    More than 161 km (100 mi) of the Ohoopee River and its tributaries 
were added to the 303(d) list in 2000 due to excessive mercury levels 
in fish tissue. The primary source of mercury is believed to be 
deposition of atmospheric mercury. During 1998-1999, there were seven 
municipal wastewater treatment facilities (EPA 2002b, pp. 1-3) and as 
many as 170 sources of air emissions in the watershed (EPA 2002b, p. 
18). These sources of mercury impacted all of the extirpated range of 
the spinymussel on the Ohoopee River, which is a major tributary to the 
Altamaha River. A TMDL was established in 2002; however, based on 
additional information gathered since 2002, EPA will begin revising 
needed load reductions in 2011 (EPA 2002b, p. 2). These segments of the 
Ohoopee remain on the 303(d) list.
    In 2006, EPD added five stream segments, totaling 64.3 km (40 mi), 
within the Ohoopee drainage to the 303(d) list for not meeting 
dissolved oxygen standards (EPD 2007b, p. 1). All of these segments are 
within the range of the spinymussel. During 2004-2005, there were eight 
NPDES permitted discharges with effluent limits for oxygen-consuming 
substances identified in the Altamaha River Basin watershed (EPD 2007b, 
p. 10). There were four animal feeding lots and six wastewater land 
application operations that were identified as sources of oxygen-
demanding nutrients. Nonpoint source run-off from forestry, row crop 
agriculture, pastureland, urban development, and natural sources also 
contribute oxygen-demanding pollutants (EPD 2007b, pp. 13-15). Upon 
completion of a TMDL in 2007, these five river segments were removed 
from the 303(d) list.
    In addition, there have been a number of recent illegal effluent 
discharges into the Ohoopee that could have impacted the Altamaha 
spinymussel. For instance, the wastewater treatment discharge from 
Rogers State Prison enters the Ohoopee River approximately 10 km (6 mi) 
upstream of the largest historical population of Altamaha spinymussels 
known in the Ohoopee River. The Altamaha Riverkeeper reported fecal 
coliform discharges from the prison that exceeded the prison's NPDES 
permit (Holland 2002, pers. comm.).
    There have also been a number of recent illegal effluent discharges 
into the Ocmulgee River that could have impacted the Altamaha 
spinymussel. In 2001, a court found that Amercord Inc. had violated its 
NPDES permit multiple times at its Lumber City tire plant by 
discharging quantities of cyanide, copper, zinc, and lead into the 
Ocmulgee River in excess of permit limitations (Altamaha Riverkeeper v. 
Amercord, Inc., No. CV 300-042 (S.D. Ga) (Order on Motion for Partial 
Summary Judgment, Mar. 15, 2001)). In a second case, following 
allegations of discharges into the Ocmulgee River from Lumber City's 
waste treatment pond in excess of its NPDES permit, Lumber City agreed 
to implement several short- and long-term wastewater treatment 
improvements, which are expected to protect a population of Altamaha 
spinymussels (Altamaha Riverkeeper v. City of Lumber City, CV-300-043 
(S.D. Ga)). The Altamaha Riverkeeper, a watchdog group that works to 
maintain the quality of the Altamaha River system, also discovered that 
from July 1995 to April 2001, the City of Cochran's waste treatment 
pond had discharged in violation of its NPDES permit (Altamaha 
Riverkeepers v. City of Cochran, No. CV-447-2) (M.D. Ga.). The City had 
been releasing ferric sulfate (used to treat fecal coliform) into 
Jordan Creek, a tributary of the Ocmulgee River approximately 80 km (50 
mi) upstream of known populations of Altamaha spinymussels.
    Sediment loads in the Oconee River carry toxic loads of heavy 
metals presumably discharged from municipal wastewater treatment plants 
and kaolin-mining settling ponds (Lasier 2004, pp. 139-140,144-151). 
Wastewater treatment plants and kaolin mines often employ settling 
ponds to allow pollutants to settle and turbidity to decrease. Copper 
sulfate and aluminum sulfate are often used as algaecides, to reduce 
algae blooms, and as flocculants to force precipitation of turbid 
waters and, in water treatment processes, to improve the sedimentation 
or filterability of small particles.
    Lasier (2004, pp. 150-151) reported ``abnormally'' high levels of 
chromium, copper, mercury, and zinc in the lower Oconee river that 
would indicate a ``significant'' impact to the quality of sediment and 
pore water (the water in contact with the river bottom, and the water 
in which mussels reside). TNC (2004, p. 9) found water quality and 
sediment quality reflected ``significant'' inputs of pollution with 
concentrations of heavy metals (including cadmium, copper, chromium, 
lead, and zinc) at levels above regional and national concentrations. 
Shoults-Wilson (2008, pp. 86-92) sampled sites throughout the Altamaha 
River Basin to evaluate the presence of heavy metals in the water 
column and in the sediment and compared the bioaccumulation of heavy 
metals by Asian clams to E. hopetonensis (an Altamaha River endemic). 
Sampling of sites upstream and downstream of potential point sources of 
heavy metals demonstrated ``significantly'' elevated bioaccumulation of 
cadmium, copper, and mercury below inputs from kaolin processing, as 
well as elevated zinc and chromium below Plant Hatch, the Rayonier pulp 
mill in Jesup, Georgia, and the Amercord tire facility. Mussels in the 
Altamaha River basin may accumulate trace elements from the fine 
fraction of sediment as well as the water column.
    The cumulative effects of effluent from wastewater treatment plants 
and kaolin mines on Altamaha spinymussel habitat have not been 
quantified; however, mussels appear to be among the most intolerant 
organisms to heavy metals (Keller and Zam 1991, p. 545), and several 
heavy metals are lethal, even at relatively low levels (Havlik and 
Marking 1987, p. 3). Most metals are persistent in the environment, 
remaining available for uptake, transportation, and transformation by 
organisms until they are removed from the river (Hoover 1978, pp. 28-
38; Lasier 2004, p. 140) through processes such as washing out to sea, 
leaching through the soil, or being taken up by an organism that is 
then removed from the river.
    In areas of heavy agricultural use in the Southeast, surface run-
off can move pesticides, including malathion and

[[Page 61671]]

other insecticides, into surface water (McPherson et al. 2003, pp. 1-
2). Stream ecosystems are negatively impacted when nutrients are added 
at concentrations that cannot be assimilated (TNC 2004, p. 7). The 
effects of pesticides on mussels may be particularly profound, 
potentially altering metabolic activities or resulting in delayed 
mortality (Fuller 1974, pp. 252-253; Havlik and Marking 1987, pp. 9-11; 
Moulton et al. 1996, pp. 132-136); commonly used pesticides have been 
directly implicated in a North Carolina mussel die-off (Fleming et al. 
1995, pp. 877-879). The Oconee, Ocmulgee, and Ohoopee River systems 
contain significant acreage in cotton and onion farming. Malathion, one 
of the most important pesticides used in cotton farming, inhibits 
physiological activities of mussels (Kabeer et al. 1979, pp. 71-72) and 
may decrease the ability of mussels to respire and obtain food. Some 
studies have shown that malathion is slightly toxic to some very 
pollution-intolerant juvenile mussels (Lampsilis straminea 
claibornensis) at minimum concentrations of 22,000 ppm. Elliptio 
icterina had slight problems with minimum concentrations of 30,000 ppm 
with 96-hour exposure periods.
    The operations of the Edwin I. Hatch Nuclear Power Plant (Plant 
Hatch), located on the Altamaha River in Appling County, may pose a 
threat to the Altamaha spinymussel. On September 14, 2001, the Service 
received Joint Public Notice 940003873 from the U.S. Army Corps of 
Engineers (Corps), Savannah District, describing a project to expand 
and maintain Plant Hatch's intake basin within the Altamaha River. 
Implementation of this permit authorized annual dredging of the plant 
intake basin and authorized removing 33,965 cubic meters (44,424 cubic 
yards) of material biannually from the intake basin. While the amount 
of material removed annually is generally far less than the amount 
permitted (Dodd 2008, pers. comm.), annual dredging could negatively 
impact the Altamaha spinymussel by decreasing channel stability 
(creating a potential head cut), altering sediment transport dynamics, 
increasing sedimentation and turbidity downstream during dredging 
operations, and decreasing habitat quality for host fishes. It is 
unknown how far downstream these impacts extend.
    Impacts to aquatic fauna through entrainment of potential host 
fishes and thermal discharges may also occur. Plant Hatch takes in 
water to create steam, and then uses the steam to generate electricity. 
Following a cooling process, the water is returned to the river, and 
although it has been cooled, the water temperature is warmer than the 
ambient temperature of the river. Plant Hatch has made substantial 
efforts to reduce thermal discharges through the construction of 
cooling towers that have significantly reduced the thermal plume. 
However, thermal discharges could still negatively impact the Altamaha 
spinymussel from heat stress; higher water temperatures can increase 
the sensitivity of mussels to certain pollutants (Augspurger et al. 
2003, p. 2574). These effects would be exacerbated during years of low 
rainfall, when less water would be available to dissipate the heat of 
the Plant Hatch effluent. Plant Hatch also monitors fish entrainment, 
so if the host fish of the spinymussel was known, management efforts 
could be made to reduce the potential of this impact.
    In summary, the loss and modification of habitat is a significant 
threat to the Altamaha spinymussel. Degradation from sedimentation and 
contaminants threatens the habitat and water quality necessary to 
support the Altamaha spinymussel. Sediment from unpaved roads, kaolin 
mines, past and current agriculture practices, silviculture, and 
construction sites within the Altamaha River basin can suffocate 
Altamaha spinymussels and make stable sandbars required by Altamaha 
spinymussels unstable or change the texture of the substrate, rendering 
them unsuitable for the species. Contaminants associated with 
industrial and municipal effluents (e.g., heavy metals, ammonia, 
chlorine, numerous organic compounds) may cause decreased oxygen, 
increased acidity, and other water chemistry changes that are lethal to 
mussels, particularly the highly sensitive early life stages of 
mussels; exposure to sublethal levels of toxic metals can alter growth, 
filtration efficiency, enzyme activity, and behavior. As a result we 
have determined that the present or threatened destruction, 
modification, or curtailment of the Altamaha spinymussel's habitat or 
range are threats to the continued existence of the Altamaha 
spinymussel throughout its range.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    The Altamaha spinymussel is not a commercially valuable species, 
nor are the streams that it inhabits subject to commercial mussel 
harvesting activities. However, this species has been actively sought 
for scientific and private collections (Keferl 2008, pers. comm.); such 
activity may increase if the species becomes more rare. Overcollection 
may have been a localized factor in the decline of this species, 
particularly in the Ohoopee River where a 1986 collection consisted of 
at least 30 live individuals (Keferl 2008, pers. comm.). Although the 
GDNR can regulate the number of mussels collected with a Scientific 
Collection Permit, the localized distribution and small size of known 
populations renders them extremely vulnerable to overzealous 
recreational or scientific collecting. However, we have no specific 
information indicating that overcollection is currently a threat or 
that overcollecting may occur in the future.
    Therefore, we find that overutilization for commercial, 
recreational, scientific, or educational purposes is not a threat to 
the Altamaha spinymussel at this time.

C. Disease or Predation

    Diseases of freshwater mussels are poorly known, and we have no 
specific information indicating that disease occurs within Altamaha 
spinymussel populations or poses a threat. Juvenile and adult mussels 
are preyed upon by some invertebrate species (particularly as newly 
metamorphosed juveniles), parasites (for example, nematodes, 
trematodes, and mites), and a few vertebrate species (for example, 
otter, raccoon, and turtles). However, we have no evidence of any 
specific declines in the Altamaha spinymussel due to predation.
    In summary, diseases and predation of freshwater mussels remains 
largely unstudied and are not considered a threat to the Altamaha 
spinymussel.

D. The Inadequacy of Existing Regulatory Mechanisms

    The Altamaha spinymussel is listed as a high priority species by 
the State of Georgia (GDNR 2005, p. 135) and has recently been listed 
as Endangered under Georgia's Endangered Wildlife Act (EWA). Under the 
EWA, it is unlawful to intentionally harm, disturb or sell a protected 
animal, unless authorized, or to cause the destruction of habitat of 
protected animals on State-owned lands. The EWA specifically states, 
however, that rules and regulations promulgated under the EWA shall not 
impede construction of any nature. Thus, protection under the EWA 
prevents unlawful capture or killing of the listed species, but does 
not prevent habitat changes that lead to population loss.
    Sources of nonpoint source pollution include timber clearcutting, 
clearing of

[[Page 61672]]

riparian vegetation, urbanization, road construction, and other 
practices that allow sediment to enter streams (TNC 2004, p. 13). 
Although BMPs for sediment and erosion control are often recommended or 
required by local ordinances for construction projects, compliance, 
monitoring, and enforcement of these recommendations are often poorly 
implemented. Furthermore, Georgia's Erosion and Sediment Control Act 
exempts commercial forestry activities from the need to acquire permits 
and meet the minimum requirements of the Erosion and Sediment Control 
Act (Georgia's BMPs for Forestry 2009, p. 64). Therefore, compliance 
with BMPs is voluntary and is dependent on education on proper 
implementation of BMPs to reduce sediment from reaching the Altamaha 
River (EPD 2007a, p. 28). Although historical row crop-based land use 
contributes the majority of sediment to the Altamaha River, other 
sources continue to contribute to the total sediment load (See 
discussion under Factor A).
    Point source discharges within the range of the Altamaha 
spinymussel have been reduced since the inception of the Federal Clean 
Water Act (33 U.S.C. 1251 et seq.), but this may not provide adequate 
protection for filter-feeding organisms that can be impacted by 
extremely low levels of contaminants. Municipal wastewater plants 
continue to discharge large amounts of effluent and, in some 
circumstances, in excess of permitted levels (see discussion under 
Factor A). There is no specific information on the sensitivity of the 
Altamaha spinymussel to common industrial and municipal pollutants, and 
very little information on other freshwater mollusks. Current State and 
Federal regulations regarding pollutants are assumed to be protective 
of freshwater mollusks; however, this species may be more susceptible 
to some pollutants than test organisms commonly used in bioassays. For 
example, several recent studies have suggested that EPA's criteria for 
ammonia may not be protective of freshwater mussels (Augspurger et al. 
2003, p. 2571; Newton et al. 2003, pp. 2559-2560; Mummert et al. 2003, 
pp. 2548-2552). In a review of the effects of eutrophication on 
mussels, Patzner and Muller (2004, p. 329) noted that stenoecious 
(narrowly tolerant) species disappear as waters become more eutrophic. 
They also refer to studies that associate increased levels of nitrate 
with the decline and absence of juvenile mussels (Patzner and Muller 
2004, pp. 330-333). Other studies have also suggested that early life 
stages of mussels are sensitive to inorganic chemicals such as 
chlorine, metals, and ammonia (Keller and Zam 1991, pp. 543-545; 
Goudreau et al. 1993, p. 221; Naimo 1995, pp. 354-355). Therefore, it 
appears that a lack of adequate research and data prevents existing 
regulations, such as the Clean Water Act (administered by the EPA and 
the Corps), from being fully utilized or effective.
    In summary, some regulations exist that protect the species and its 
habitat; however, these regulations enforced by the State provide 
little direct protection of Altamaha spinymussel and only if protection 
of the spinymussel will not inhibit economic development. Nonpoint 
source pollution is not regulated, and the Clean Water Act does not 
adequately protect the habitat from degradation caused by point source 
pollutants. As described under Factor A, there have been a number of 
recent illegal effluent discharges into the Altamaha River basin, in 
excess of permit limits, that may have impacted the Altamaha 
spinymussel. Furthermore, The Altamaha Riverkeeper has several pending 
investigations pertaining to illegal discharges; they are working with 
violators and pursuing legal settlements when necessary. Thus, existing 
regulations are not effective at protecting the spinymussel and its 
habitat from sedimentation and lethal contaminants. Therefore we find 
the existing regulatory mechanisms are inadequate to ameliorate the 
current threats to the Altamaha spinymussel throughout its range.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

    Withdrawal of surface water within the Altamaha Basin for 
thermoelectric power generation, public water supplies, commercial 
industrial uses, and agriculture has a dramatic effect on flow rates 
(TNC 2004, p. 8). No major dams are located on the Altamaha River 
system within the known historical range of the Altamaha spinymussel; 
however, the dams that form Sinclair Reservoir on the Oconee River and 
Jackson and Tobesofkee Reservoirs in the Ocmulgee River basin can 
influence downstream mussels and their populations through changes in 
flows that result from electrical power generation and water storage 
(TNC 2004, p. 6). Within the Altamaha River basin, 1,149 MGD was 
withdrawn for thermoelectric power generation in 1990 (Marella and 
Fanning 1990, pp. 14-17). Such removals can cause drastic flow 
reductions and alterations that may strand mussels on sandbars, 
resulting in mortality of individuals and harm to populations. Laurens 
County, Georgia, which includes the City of Dublin, withdrew 2.64 MGD 
for public water supplies, 12.79 MGD for commercial industrial use, and 
5.57 MGD for agricultural uses in 1990 (Marella and Fanning 1990, p. 
16) In 1990, the total amount of surface water withdrawn from the 
Altamaha River basin was 1,315.88 MGD (Marella and Fanning 1990, p. 
61). As development pressures continue to grow, water withdrawals are 
expected to increase.
    Drought conditions were prevalent in Georgia between 1998 and 2002, 
and again in 2007 and 2008, which may have negatively affected the 
Altamaha spinymussel. Georgia averages 127 cm (50 in) of precipitation 
annually (U.S. Geological Survey 1986, p. 195; GDNR 2005, p. 41) but 
received less than 102 cm (40 in) of precipitation annually during 
recent droughts in 2000, 2002, and 2007 (Knaak and Joiner 2007, pp. 1-
2). The Ohoopee River and many other streams in the basin suffered 
reduced flow rates, and the Ohoopee River was reported to have low 
water levels with an estimated average depth of 15 cm (6 in) in the 
main channel during summer surveys (Stringfellow and Gagnon 2001, p. 
3). Normally, mussels will bury themselves in the river bottom as a 
mechanism to survive a drought, but many mussels may have died from 
desiccation during this prolonged drought (Keferl 2008, pers. comm.). 
Although the effects of the drought on the Altamaha spinymussel have 
not been quantified, mussel declines as a direct result of drought have 
been documented ( Golladay et al. 2004, p. 494; Haag and Warren 2008, 
p. 1165). Furthermore, there is a growing concern that climate change 
may lead to increased frequency of severe storms and droughts (Golladay 
et al. 2004, p. 504; McLaughlin et al. 2002, p. 6074; Cook et al. 2004, 
p. 1015). Reduction in local water supplies due to drought is also 
compounded by increased human demand and competition for surface and 
ground water resources for power production, irrigation, and 
consumption (Golladay et al. 2004, p. 504).
    In addition, low flow conditions provide access to the river 
margins and channels for all-terrain vehicles (ATV) and four-wheel 
drive vehicles (TNC 2004, p. 12; Stringfellow and Gagnon 2001, p. 3). 
During a survey in 2001, Stringfellow and Gagnon (2001, p. 3) observed 
heavy ATV and four-wheel drive vehicle traffic and high levels of 
erosion near bridges and homes. They encountered several groups of ATV 
users, 2 to 12 persons per group, riding in the river channel. Because 
water

[[Page 61673]]

levels were so low, ATV use of the stream extended to all portions of 
the channel, including pools, runs, and dried sandbars. Observations on 
the Ohoopee River during low flow in October of 2006 revealed extensive 
ATV traffic that destroyed mussel beds (Rickard 2006, personal 
observation). These vehicles may directly crush mussels and may also 
destabilize stream banks and increase sedimentation rates, burying 
mussels or impairing feeding, respiration, metabolism, and reproductive 
success (Stringfellow and Gagnon 2001, p. 3).
    Nonindigenous species such as the flathead catfish (Pylodictis 
olivaris) and the Asian clam (Corbicula fluminea) have been introduced 
to the Altamaha Basin and may be adversely affecting the Altamaha 
spinymussel. Flathead catfish are fast-growing fish that are dominant 
predators in river systems and are usually exclusively piscivorous in 
their adult stage (Bourret et al. 2008, p. 413; Sakaris et al. 2006, p. 
867). Since its introduction outside its native range, the flathead 
catfish has altered the composition of native fish populations through 
predation (Bourett et al. 2008, p. 413; Sakaris et al. 2006, p. 867; 
Sea Grant, 2006, p. 2; Pine et al. 2005, p. 902). Flatheads were 
introduced to the Altamaha Basin in the 1970s (USGS 2009, unpaginated). 
Although the host fish or fishes of the Altamaha spinymussel have not 
been identified, in other native freshwater mussels, various 
centrachids (sunfish), ictalurids (catfish), and catostomids (suckers) 
have been identified as hosts of the larvae. Other species of mussels 
in the genus Elliptio are known to parasitize various species of 
Etheostoma and Percina (darters), and other stream-adapted fish species 
(Haag and Warren 2003, p. 80). Flatheads introduced in the Altamaha 
River eliminated bullhead catfish (Ameiurus sp.) and caused an 80 
percent decline in redbreast sunfish (Lepomis auritus) (Sea Grant 2006, 
p. 2); centrarchids and ictalurids were dominant prey items (Sakaris 
2006, p. 867). Other potential centrachid host fish such as the 
largemouth bass (Micropterus salmoides) and bluegill (L. macrochirus) 
have all suffered population declines (Harrison 2001, pers. comm.), as 
well as the robust redhorse (Moxostoma robustum), shortnose sturgeon 
(Acipenser brevirostrum), and shad (Alosa sapidissima) (TNC 2004, p. 
5). If one or more of these species is the host fish for the Altamaha 
spinymussel, the spinymussel's breeding success and recruitment could 
be reduced (Keferl 2001, pers. comm).
    Asian clams (Corbicula) were observed in the Altamaha River in 
1971, and are believed to have been introduced in the Ocmulgee River in 
1968 or 1969 (Gardner 1976, p. 117). Surveys have found large numbers 
of Asian clams (Corbicula) in the Altamaha Basin for more than 25 years 
(Gardner et al. 1976, pp. 118-124; Stringfellow and Gagnon 2001, p. 2; 
O'Brien, pers. comm., 2001). The invasion of Corbicula in the Altamaha 
River has been accompanied by drastic declines in populations of native 
mussels (Gardner 1976, p. 124). Asian clams may pose a direct threat to 
native species through competition for available resources (space, 
minerals, or food), resulting in a decline or local extinction of 
nat