Endangered and Threatened Wildlife and Plants; Endangered Status for the Alabama Pearlshell, Round Ebonyshell, Southern Sandshell, Southern Kidneyshell, and Choctaw Bean, and Threatened Status for the Tapered Pigtoe, Narrow Pigtoe, and Fuzzy Pigtoe; With Critical Habitat, 61482-61529 [2011-24519]
Download as PDF
61482
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Proposed Rules
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS–R4–ES–2011–0050; MO 92210–0–
0008–B2]
RIN 1018–AW92
Endangered and Threatened Wildlife
and Plants; Endangered Status for the
Alabama Pearlshell, Round
Ebonyshell, Southern Sandshell,
Southern Kidneyshell, and Choctaw
Bean, and Threatened Status for the
Tapered Pigtoe, Narrow Pigtoe, and
Fuzzy Pigtoe; With Critical Habitat
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service, propose to list the
Alabama pearlshell (Margaritifera
marrianae), round ebonyshell
(Fusconaia rotulata), southern sandshell
(Hamiota australis), southern
kidneyshell (Ptychobranchus jonesi),
and Choctaw bean (Villosa
choctawensis) as endangered, and the
tapered pigtoe (Fusconaia burkei),
narrow pigtoe (Fusconaia escambia),
and fuzzy pigtoe (Pleurobema
strodeanum) as threatened, under the
Endangered Species Act of 1973, as
amended (Act).
These eight species are endemic to
portions of the Escambia River, Yellow
River, and Choctawhatchee River basins
of Alabama and Florida; and to
localized portions of the Mobile River
Basin in Alabama. These mussel species
have disappeared from other portions of
their natural ranges primarily due to
habitat deterioration and poor water
quality as a result of excessive
sedimentation and environmental
contaminants.
We are also proposing to designate
critical habitat under the Act for these
eight species. In total, approximately
2,406 (kilometers (km) (1,495) miles
(mi)) of stream and river channels fall
within the boundaries of the proposed
critical habitat designation. The
proposed critical habitat is located in
Bay, Escambia, Holmes, Jackson,
Okaloosa, Santa Rosa, Walton, and
Washington Counties, FL; and Barbour,
Bullock, Butler, Coffee, Conecuh,
Covington, Crenshaw, Dale, Escambia,
Geneva, Henry, Houston, Monroe, and
Pike Counties, Alabama.
These proposals, if made final, would
implement Federal protection provided
by the Act.
DATES: We will accept comments
received or postmarked on or before
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SUMMARY:
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December 5, 2011. We must receive
requests for public hearings, in writing,
at the address shown in the ADDRESSES
section by November 18, 2011.
ADDRESSES: You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://www.
regulations.gov. In the Keyword box,
enter Docket No. FWS–R4–ES–2011–
0050, which is the docket number for
this rulemaking. Then, in the Search
panel on the left side of the screen,
under the Document Type heading,
click on the Proposed Rules link to
locate this document. You may submit
a comment by clicking on ‘‘Send a
Comment or Submission.’’
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R4–ES–2011–
0050; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM; Arlington, VA 22203.
We will not accept e-mail or faxes. 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: Don
Imm, Field Supervisor, U.S. Fish and
Wildlife Service, Panama City, FL, Fish
and Wildlife Office, 1601 Balboa
Avenue, Panama City, FL 32405;
telephone 850–769–0552; facsimile
850–763–2177. 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 Alabama pearlshell
(Margaritifera marrianae), round
ebonyshell (Fusconaia rotulata),
southern sandshell (Hamiota australis),
southern kidneyshell (Ptychobranchus
jonesi), and Choctaw bean (Villosa
choctawensis) as endangered, and the
tapered pigtoe (Fusconaia burkei),
narrow pigtoe (Fusconaia escambia),
and fuzzy pigtoe (Pleurobema
strodeanum) as threatened; and (2)
proposed critical habitat designations
for the Alabama pearlshell, round
ebonyshell, southern sandshell,
southern kidneyshell, Choctaw bean,
tapered pigtoe, narrow pigtoe, and fuzzy
pigtoe.
Information Requested
We intend that any final action
resulting from this proposed rule will be
based on the best scientific and
commercial data available and be as
accurate and as effective as possible.
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Therefore, we request comments or
information from the public, other
concerned governmental agencies, the
scientific community, industry, or any
other interested parties concerning this
proposed rule. We particularly seek
comments concerning:
(1) Biological, commercial trade, or
other relevant data concerning any
threats (or lack thereof) to these species
and regulations that may be addressing
those threats.
(2) Additional information concerning
the historical and current status, range,
distribution, and population size of any
of these species, including the locations
of any additional populations.
(3) Any information on the biological
or ecological requirements of these
species, and ongoing conservation
measures for the species and their
habitat.
(4) Current or planned activities in the
areas occupied by these species and
possible impacts of these activities on
these species.
(5) The reasons why we should or
should not designate habitat as ‘‘critical
habitat’’ under section 4 of the Act (16
U.S.C. 1531 et seq.) including whether
there are threats to these species from
human activity, the degree of which can
be expected to increase due to the
designation, and whether that increase
in threat outweighs the benefit of
designation such that the designation of
critical habitat may not be prudent.
(6) Specific information on:
(a) The amount and distribution of
habitat for these eight mussels;
(b) What areas, that were occupied at
the time of listing (or are currently
occupied) and that contain features
essential to the conservation of these
species, should be included in the
designation and why;
(c) Special management
considerations or protection that may be
needed in critical habitat areas we are
proposing, including managing for the
potential effects of climate change; and
(d) What areas not occupied at the
time of listing are essential for the
conservation of these species and why.
(7) Land use designations and current
or planned activities in the subject areas
and their possible impacts on proposed
critical habitat.
(8) Information on the projected and
reasonably likely impacts of climate
change on these species and proposed
critical habitat.
(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 on small entities
or families, and the benefits of including
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or excluding areas that exhibit these
impacts.
(10) Whether any specific areas we are
proposing for critical habitat
designation should be considered for
exclusion under section 4(b)(2) of the
Act, and whether the benefits of
potentially excluding any specific area
outweigh the benefits of including that
area under section 4(b)(2) of the Act.
(11) 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.
Please note that submissions merely
stating support for or opposition to the
action under consideration without
providing supporting information,
although noted, will not be considered
in making a determination, as section
4(b)(1)(A) of the Act directs that
determinations as to whether any
species is a threatened or endangered
species must be made ‘‘solely on the
basis of the best scientific and
commercial data available.’’
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in
ADDRESSES.
If you submit information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the Web site. If your submission is
made via a hardcopy that includes
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.
We will post all hardcopy submissions
on https://www.regulations.gov. Please
include sufficient information with your
comments to allow us to verify any
scientific or commercial information
you include.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Panama City, FL, Fish and
Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Previous Federal Actions
The Alabama pearlshell, round
ebonyshell, southern sandshell,
southern kidneyshell, Choctaw bean,
tapered pigtoe, narrow pigtoe, and fuzzy
pigtoe were first identified as candidates
for protection under the Act in the May
4, 2004, Federal Register (69 FR 24876).
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Candidate species are assigned Listing
Priority Numbers (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 the 2004, 2005 (70 FR
24870), 2006 (71 FR 53756), 2007 (72 FR
69034), 2008 (73 FR 75176), 2009 (74 FR
57869), and 2010 (75 FR 69221) Federal
Register Candidate Notices of Review,
the Alabama pearlshell, round
ebonyshell, and southern kidneyshell
were identified as LPN 2 candidate
species; the narrow pigtoe, southern
sandshell, fuzzy pigtoe, and Choctaw
bean were identified as LPN 5 candidate
species; and the tapered pigtoe was
identified as an LPN 11 candidate
species. In our Notices of Review, we
determined that publication of a
proposed rule to list these species was
precluded by our work on higher
priority listing actions. These eight
species were included in a listing
petition filed by the Center for
Biological Diversity on April 20, 2010.
In a separate action, we found the
petition presented substantial
information that the species may be
warranted for listing. Because we have
already made the equivalent 12-month
finding on these species through our
annual candidate assessment and notice
process, we have also made a
determination that the species warrant
listing. Therefore, we have made the
requisite findings with regards to the
April 20, 2010, petition.
Background
It is our intent to discuss only those
topics directly relevant to the listing of
the Alabama pearlshell, round
ebonyshell, southern sandshell,
southern kidneyshell, and Choctaw
bean as endangered; and the tapered
pigtoe, narrow pigtoe and fuzzy pigtoe
as threatened in this section of the
proposed rule. For information relevant
to the designation of critical habitat, see
‘‘Critical Habitat’’ section below.
Introduction
North American freshwater mussel
fauna is the richest in the world and
historically numbered around 300
species (Williams et al. 1993, p. 6).
Freshwater mussels are in decline,
however, and in the past century have
become more imperiled than any other
group of organisms (Williams et al.
2008, p. 55; Natureserve 2011).
Approximately 66 percent of North
America’s freshwater mussel species are
considered vulnerable to extinction or
possibly extinct (Williams et al. 1993, p.
6). Within North America, the
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61483
southeastern United States is the hot
spot for mussel diversity. Seventy-five
percent of southeastern mussel species
are in varying degrees of rarity or
possibly extinct (Neves et al. 1997, pp.
47–51). The central reason for the
decline of freshwater mussels is the
modification and destruction of their
habitat, especially from sedimentation,
dams, and degraded water quality
(Neves et al. 1997, p. 60; Bogan 1998, p.
376). These eight mussels, like many
other southeastern mussel species, have
undergone reductions in total range and
population density.
These eight species are all freshwater
bivalve mussels of the families
Margaritiferidae and Unionidae. The
Alabama pearlshell is a member of the
family Margaritiferidae, while the round
ebonyshell, southern sandshell,
southern kidneyshell, Choctaw bean,
tapered pigtoe, narrow pigtoe, and fuzzy
pigtoe belong to the family Unionidae.
These mussels are endemic to portions
of three Coastal Plain rivers that drain
south-central and southeastern Alabama
and northwestern Florida: the Escambia
(known as the Escambia River in Florida
and the Conecuh River in Alabama), the
Yellow, and the Choctawhatchee. All
three rivers originate in Alabama and
flow across the Florida panhandle
before emptying into the Gulf of Mexico,
and are entirely contained within the
East Gulf Coastal Plain Physiographic
Region. The Alabama pearlshell is also
known from three locations in the
Mobile River Basin; however, only one
of those is considered to be currently
occupied.
General Biology
Freshwater mussels generally live
embedded in the bottom of rivers,
streams, and other bodies of water. They
siphon water into their shells and across
four gills that are specialized for
respiration and food collection. Food
items include detritus (disintegrated
organic debris), algae, diatoms, and
bacteria (Strayer et al. 2004, pp. 430–
431). Adults are filter feeders and
generally orient themselves on or near
the substrate surface to take in food and
oxygen from the water column.
Juveniles typically burrow completely
beneath the substrate surface and are
pedal (foot) feeders (bringing food
particles inside the shell for ingestion
that adhere to the foot while it is
extended outside the shell) until the
structures for filter feeding are more
fully developed (Yeager et al. 1994, pp.
200–221; Gatenby et al. 1996, p. 604).
Sexes in margaritiferid and unionid
mussels are usually separate. Males
release sperm into the water column,
which females take in through their
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siphons during feeding and respiration.
Fertilization takes place inside the shell.
The eggs are retained in the gills of the
female until they develop into mature
larvae called glochidia. The glochidia of
most freshwater mussel species,
including all eight species addressed in
this rule, have a parasitic stage during
which they must attach to the gills, fins,
or skin of a fish to transform into a
juvenile mussel. Depending on the
mussel species, females release
glochidia either separately, in masses
known as conglutinates, or in one large
mass known as a superconglutinate. The
duration of the parasitic stage varies by
mussel species, water temperature, and
perhaps host fish species. When the
transformation is complete, the juvenile
mussels drop from their fish host and
sink to the stream bottom where, given
suitable conditions, they grow and
mature into adults.
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Survey Data
Recent distributions are based on
surveys conducted from 1995 to 2011,
and historical distributions are based on
collections made prior to 1995.
Historical distribution data from
museum records and surveys dated
between the late 1800s and 1994 are
sparse, and most of these species were
more than likely present throughout
their respective river basins. Knowledge
of historical and current distribution
and abundance data were summarized
from Butler 1989; Williams et al. 2000
(unpublished), Blalock-Herod et al.
2002, Blalock-Herod et al. 2005,
Pilarczyk et al. 2006, and Gangloff and
Hartfield 2009). These studies represent
a compilation of museum records and
recent status surveys conducted
between 1990 and 2007. We also used
various other sources to identify the
historical and current locations
occupied by these species. These
include surveys, reports, and field notes
prepared by biologists from the Alabama
Department of Conservation and Natural
Resources, Marion, AL; Geological
Survey of Alabama, Tuscaloosa, AL;
Florida Fish and Wildlife Conservation
Commission, Gainesville, FL; U.S.
Geological Survey, Gainesville, FL;
Alabama Malacological Research Center,
Mobile, AL; Troy University, Troy, AL;
Appalachian State University, Boone,
NC; various private consulting groups;
and the U.S. Fish and Wildlife Service,
Daphne, AL, and Panama City, FL. In
addition, we obtained occurrence data
from the collection databases of the
Museum of Fluviatile Mollusks (MFM),
Athearn collection; Auburn University
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Natural History Museum (AUNHM),
Auburn, Alabama; and Florida Museum
of Natural History (FLMNH),
Gainesville, FL.
Assessing Status
Assessing the state of a freshwater
mussel population is challenging. We
looked at trends in distribution (range)
and abundance (numbers), by
comparing recent occurrence data to
historical data. One difficulty of
investigating temporal trends in these
eight species is the lack of historical
collection data within the drainages,
particularly in the lower portion of the
main channels. Athearn (1964, p. 134)
noted the streams of western Florida
were inadequately sampled, particularly
the lower Choctawhatchee, Yellow, and
the lower Escambia Rivers. BlalockHerod et al. (2005, p. 2) stated that little
collecting effort had been expended in
the Choctawhatchee River drainage as
compared to other nearby river systems
like the Apalachicola and Mobile River
drainages. This paucity of historical
occurrence data may create the
appearance of an increase in the number
of localities or a larger range than
historically; however, this is most likely
due to increased sampling efforts. We
also considered each species’ relative
abundance in comparison to other
mussel species with which they cooccur. In addition, we relied on various
published documents whose authors are
considered experts on these species.
These publications either described the
status of these species or assigned a
conservation ranking, and include
Williams et al. 1993, Garner et al. 2004,
Blalock-Herod et al. 2005, and Williams
et al. 2008.
Most of the eight species have
experienced a decline in populations
and numbers of individuals within
populations, but not all have
experienced a decline in range. Recent,
targeted surveys for the Alabama
pearlshell and southern kidneyshell
show a dramatic decline in historical
range. The southern sandshell, Choctaw
bean, narrow pigtoe, fuzzy pigtoe and
tapered pigtoe still occur in much of
their historical range; however, their
current range is fragmented and their
numbers appear to be declining.
Taxonomy, Life History, and
Distribution
Alabama Pearlshell
The Alabama pearlshell (Margaritifera
marrianae, Johnson 1983) is a mediumsized freshwater mussel known from a
few tributaries of the Alabama and
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Escambia River drainages in southcentral Alabama (Johnson 1983, pp.
299–304; Mirarchi et al. 2004, p. 40;
Williams et al. 2008, pp. 98–99). The
pearlshell is oblong and grows up to 95
millimeters (mm) (3.8 inches (in)) in
length. The outside of the shell
(periostracum) is smooth and shiny and
somewhat roughened along the
posterior slope. The inside of the shell
(nacre) is whitish or purplish and
moderately iridescent (refer to Johnson
1983 for a full description).
The Alabama pearlshell is one of five
North American species in the family
Margaritiferidae. The family is
represented by only two genera,
Margaritifera (Schumacher 1816) and
Cumberlandia (Ortmann 1912). In
Alabama, each genus is represented by
a single species. The spectaclecase
(Cumberlandia monodonta) occurs in
the Tennessee River Basin (Williams et
al. 2008, pp. 94–95) and the Alabama
pearlshell occurs in the Escambia and
Alabama River basins in lower Alabama.
Prior to 1983, the Alabama pearlshell
was thought to be the same species as
the Louisiana pearlshell (Margaritifera
hembeli Conrad 1838) (Simpson 1914;
Clench and Turner 1956), a species now
considered endemic to central
Louisiana.
The Alabama pearlshell typically
inhabits small headwater streams with
mixed sand and gravel substrates,
occasionally in sandy mud, with slow to
moderate current. Very little is known
about the life-history requirements of
this species. However, Shelton (1995, p.
5 unpub. data) suggests that the
Alabama pearlshell, as opposed to the
Louisiana pearlshell, which occurs in
large colonies, typically occurs in low
numbers. The Alabama pearlshell is also
believed to occur in male-female pairs.
Of the 68 Alabama pearlshell observed
by Shelton (1995, p. 5 unpub. data), 85
percent occurred in pairs. Males were
always located upstream of the females
and were typically not more than 1
meter (m) apart, and juveniles were
usually found just a few inches apart.
The species is believed to be a long-term
brooder, where gravid females have
been observed in December. The host
fish and other aspects of its life history
are currently unknown.
Historically, the Alabama pearlshell
occurred in portions of the Escambia
River drainage, and has also been
reported from two systems in the
Alabama River drainage. The Alabama
pearlshell’s known historical and
current occurrences, by water body and
county, are shown in Table 1 below.
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61485
TABLE 1—KNOWN HISTORICAL AND CURRENT OCCURRENCES OF ALABAMA PEARLSHELL
Drainage
County
Big Flat Creek ...........................................
Brushy Creek ............................................
Limestone Creek .......................................
Amos Mill Creek ........................................
Autrey Creek .............................................
Beaver Creek ............................................
Bottle Creek ..............................................
Brushy Creek ............................................
Burnt Corn Creek ......................................
Horse Creek ..............................................
Hunter Creek .............................................
Jordan Creek .............................................
Little Cedar Creek .....................................
Murder Creek ............................................
Otter Creek ................................................
Sandy Creek .............................................
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Water body
Alabama ...........................
Alabama ...........................
Alabama ...........................
Escambia .........................
Escambia .........................
Escambia .........................
Escambia .........................
Escambia .........................
Escambia .........................
Escambia .........................
Escambia .........................
Escambia .........................
Escambia .........................
Escambia .........................
Escambia .........................
Escambia .........................
Monroe .............................
Monroe .............................
Monroe .............................
Conecuh ..........................
Conecuh ..........................
Conecuh ..........................
Conecuh ..........................
Conecuh ..........................
Conecuh ..........................
Crenshaw .........................
Conecuh ..........................
Conecuh ..........................
Conecuh ..........................
Conecuh ..........................
Conecuh ..........................
Conecuh ..........................
The Amos Mill population,
discovered in 2010, represents a new
record, and possibly the only known
surviving population in the Sepulga
River drainage. The Burnt Corn and
Otter Creek populations reaffirm
historical records that had not been
reported in nearly 30 years. Two of the
Sandy Creek locations, discovered in
2011, are new populations. Since the
late 1990’s, more than 70 locations
within the Alabama River Basin were
surveyed for mollusks (McGregor et al.
1999, pp. 13–14; Powell and Ford 2010
pers. obs.; Buntin 2011 pers. comm.;
Fobian 2011 pers. comm.), 35 of which
were located in the Limestone and Big
Flat Creek drainages, and no live
Alabama pearlshell were reported. The
last documented occurrence in Big Flat
Creek was a fresh dead individual
collected in 1995 (Shelton 1995, p. 3
unpub. data), and the last reported
occurrence in the Limestone Creek
drainage was 1974 where Williams
(2009 pers. comm.) reported it as
common. Despite numerous visits, the
pearlshell has not been collected in this
system since 1974. A fresh dead
individual, collected by Shelton (1998),
represents the most recent record from
the Big Flat Creek drainage.
Recent data suggest that, of the nine
remaining populations, the largest
populations may occur in Little Cedar
and Otter Mill Creeks. In 2011, Fobian
and Pritchett reported new populations
at two locations in an unnamed
tributary to Sandy Creek. Although this
is not the first report from the Sandy
Creek basin, it is, however, the first for
the two unnamed tributaries. In 2010,
Buntin and Fobian (2011 pers. comm.)
reported 10 live individuals from Otter
Creek. This is the first time since 1981
that the pearlshell has been reported
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from this drainage. Also in 2010, Powell
and Ford reported 3 individuals, and
several relic shells, from Amos Mill
Creek, in Escambia County, AL. This is
the first report of the pearlshell from
this drainage, and county, and the first
live individual from the Sepulga River
system in nearly 50 years. Little Cedar
Creek supported good numbers of
Alabama pearlshell in the late 1990’s
(54 individuals reported in 1998).
However, during a qualitative search of
the same area in 2005, only two live
pearlshell were found (Powell 2005
pers. obs.), and in 2006, three live
pearlshells were observed (Johnson
2006 in litt.). Live Alabama pearlshell
have not been observed in Hunter Creek
since 1998, when eight live individuals
were reported (Shelton 1998 pers.
comm.). During two visits to the stream
in 1999, Shelton found no evidence of
the species (Shelton 1999 in litt.), and
reported high levels of sedimentation.
However, in 2005 the shells of three
fresh dead Alabama pearlshells were
reported from Hunter Creek, indicating
the persistence of the species in that
drainage (Powell, pers. obs. 2005).
Evidence suggests that much of the
rangewide decline of this species has
occurred within the past few decades.
Specific causes of the decline and
disappearance of the Alabama pearlshell
from historical stream localities are
unknown. However, they are likely
related to past and present land use
patterns. Many of the small streams
historically inhabited by the Alabama
pearlshell are impacted to various
degrees by nonpoint-source pollution.
Round Ebonyshell
The round ebonyshell (Fusconaia
rotulata, Wright 1899) is a mediumsized freshwater mussel endemic to the
Escambia River drainage in Alabama
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State
AL
AL
AL
AL
AL
AL
AL
AL
AL
AL
AL
AL
AL
AL
AL
AL
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
Historical or current
Historical and
Historical.
Historical.
Current.
Historical.
Historical.
Historical and
Historical.
Historical and
Historical.
Historical and
Historical and
Historical and
Historical.
Historical and
Historical and
Current.
Current.
Current.
Current.
Current.
Current.
Current.
Current.
and Florida (Williams et al. 2008, p.
320). The round ebonyshell is round to
oval in shape and reaches about 70 mm
(2.8 in.) in length. The shell is thick and
the outside is smooth and dark brown
to black in color. The shell interior is
white to silvery and iridescent
(Williams and Butler 1994, p. 61;
Williams et al. 2008, p. 319). The round
ebonyshell was originally described by
B. H. Wright in 1899 and placed in the
genus Unio. Simpson (1900) reexamined
the type specimen and assigned it to the
genus Obovaria. Based on shell
characters, Williams and Butler (1994,
p. 61) recognized it as clearly a species
of the genus Fusconaia, and its
placement in the genus is supported
genetically (Lydeard et al. 2000, p. 149).
Very little is known about the habitat
requirements or life history of the round
ebonyshell. It occurs typically in stable
substrates of sand, small gravel, or
sandy mud in slow to moderate current.
It is believed to be a short-term brooder,
and gravid females have been observed
in the spring and summer. The fish
host(s) for the round ebonyshell is
currently unknown (Williams et al.
2008, p. 320).
The round ebonyshell is known only
from the main channel of the EscambiaConecuh River and is the only mussel
species endemic to the drainage
(Williams et al. 2008, p. 320). Due to
recent survey data, its known range was
extended downstream the Escambia
River to near Mystic Springs in Florida
(Shelton et al. 2007, p. 9 unpub. data),
and upstream the Conecuh River to just
above the Covington County line in
Alabama (Williams et al. 2008, p. 320).
The round ebonyshell’s known
historical and current occurrences, by
water body and county, are shown in
Table 2 below.
E:\FR\FM\04OCP2.SGM
04OCP2
61486
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Proposed Rules
TABLE 2—KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE ROUND EBONYSHELL
Water body
Drainage
County
State
Conecuh River ..........................................
Escambia River .........................................
Escambia .........................
Escambia .........................
Escambia, Covington .......
Escambia, Santa Rosa ....
AL ...............
FL ...............
The round ebonyshell has one of the
most restricted distributions of any
North American unionid (Williams and
Butler 1994, p. 61). Its current range
(based on live individuals and shell
material) is confined to approximately
120 km (75 mi) of river channel. The
round ebonyshell is also extremely rare
(Williams et al. 2008, p. 320).
Researchers collected a total of three
live individuals during a 2006 status
survey (Shelton et al. 2007, pp. 8–10
unpub. data). At stations where the
species was present, roughly 950
mussels were collected for every 1
round ebonyshell. Its limited
distribution and small population size
makes round ebonyshell particularly
vulnerable to catastrophic events such
as droughts, flood scour, and
contaminant spills. Due to its limited
distribution and rarity, Garner et al.
(2004, p. 56) considered the round
ebonyshell vulnerable to extinction, and
classified it as a species of highest
conservation concern in Alabama.
Williams et al. (1993, p. 11) considered
the round ebonyshell as endangered
throughout its range.
Southern Sandshell
The southern sandshell (Hamiota
australis, Simpson 1900) is a mediumsized freshwater mussel known from the
Escambia River drainage in Alabama,
and the Yellow and Choctawhatchee
River drainages in Alabama and Florida
(Williams et al. 2008, p. 338). The
southern sandshell is elliptical in shape
and reaches about 83 mm (2.3 in.) in
length. Its shell is smooth and shiny,
and greenish in color in young
specimens, becoming dark greenish
brown to black with age, with many
variable green rays. The shell interior is
bluish white and iridescent. Sexual
dimorphism is present as a slight
inflation of the posterioventral shell
margin of females (Williams and Butler
1994, p. 97; Williams et al. 2008, p.
337). The southern sandshell (Hamiota
australis) was originally described by C.
T. Simpson (1900) as Lampsilis
australis. Heard (1979), however,
designated it as a species of Villosa. It
was placed in the genus Hamiota by Roe
and Hartfield (2005, pp. 1–3) who
confirmed earlier published suggestions
by Fuller and Bereza (1973, p. 53) and
O’Brien and Brim Box (1999, pp. 135–
136) that this species and three others
of the genus Lampsilis represent a
distinct genus. This separation from
other Lampsilis is supported genetically
(Roe et al. 2001, p. 2230). The new
genus, Hamiota, is distinguished based
on several characters including unique
shape and placement of the marsupia
(where females brood developing
larvae), and production of a single large
conglutinate, termed a
superconglutinate.
Historical or current
Historical and Current.
Historical and Current.
The southern sandshell is typically
found in small creeks and rivers in
stable substrates of sand or mixtures of
sand and fine gravel, with slow to
moderate current. It is a long-term
brooder, and females are gravid from
late summer or autumn to the following
spring (Williams et al. 2008, p. 338).
The southern sandshell is one of only
four species that produce a
superconglutinate to attract a host. A
superconglutinate is a mass that mimics
the shape, coloration, and movement of
a fish and is produced by the female
mussel to hold the glochidia (larval
mussels) from one year’s reproductive
effort (Haag et al. 1995, p. 472). After
release, the superconglutinate is
tethered to the female mussel by a
mucus strand, and it appears to dart and
swim in the current. Although the fish
host for the southern sandshell has not
been identified, it likely uses predatory
sunfishes such as basses, like other
Hamiota species (Haag et al. 1995, p.
475; O’Brien and Brim Box 1999, p. 134;
Blalock-Herod et al. 2002, p. 1885).
The southern sandshell is endemic to
the Escambia River drainage in
Alabama, and the Yellow and
Choctawhatchee River drainages in
Alabama and Florida (Blalock–Herod et
al. 2002, pp. 1882, 1884). The southern
sandshell’s known historical and
current occurrences, by water body and
county, are shown in Table 3 below.
TABLE 3—KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE SOUTHERN SANDSHELL
emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
Water body
Drainage
Alligator Creek .........................................
Bruce Creek .............................................
Choctawhatchee River .............................
Choctawhatchee River .............................
Corner Creek ...........................................
Double Bridges Creek ..............................
East Fork Choctawhatchee R. .................
East Fork Choctawhatchee R. .................
Eightmile Creek ........................................
Flat Creek ................................................
Holmes Creek ..........................................
Jordan Creek ...........................................
Limestone Creek ......................................
Little Choctawhatchee River ....................
Natural Bridge Creek ...............................
Patsaliga Creek ........................................
Pauls Creek .............................................
Pea Creek (Barbour Co.) .........................
Pea Creek (Dale Co.) ..............................
Pea River .................................................
Pea River .................................................
Sikes Creek ..............................................
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Choctawhatchee
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Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
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State
Washington .........................
Walton .................................
Geneva ...............................
Holmes, Dale ......................
Geneva ...............................
Coffee .................................
Henry ..................................
Dale ....................................
Walton, Geneva ..................
Geneva ...............................
Holmes ................................
Conecuh .............................
Walton .................................
Dale, Houston .....................
Geneva ...............................
Crenshaw ............................
Barbour ...............................
Barbour ...............................
Dale ....................................
Geneva, Barbour ................
Coffee, Dale, Pike ..............
Barbour ...............................
FL ...........
FL ...........
AL ..........
FL, AL ....
AL ..........
AL ..........
AL ..........
AL ..........
FL, AL ....
AL ..........
FL ...........
AL ..........
FL ...........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
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Historical or current
Historical.
Current.
Historical.
Historical and
Current.
Current.
Historical and
Historical.
Current.
Current.
Historical.
Current.
Historical.
Historical.
Current.
Current.
Current.
Historical and
Historical.
Historical.
Historical and
Current.
Current.
Current.
Current.
Current.
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Proposed Rules
61487
TABLE 3—KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE SOUTHERN SANDSHELL—Continued
Water body
Drainage
County
State
Tenmile Creek ..........................................
West Fork Choctawhatchee R. ................
Whitewater Creek ....................................
Wrights Creek ..........................................
Burnt Corn Creek .....................................
Conecuh River .........................................
Conecuh River .........................................
Little Patsaliga Creek ...............................
Sepulga River ..........................................
Five Runs Creek ......................................
Pond Creek ..............................................
Shoal River ..............................................
Yellow River .............................................
Yellow River .............................................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Yellow .................................
Yellow .................................
Yellow .................................
Yellow .................................
Yellow .................................
Holmes ................................
Barbour, Dale .....................
Coffee .................................
Holmes ................................
Escambia, Conecuh ...........
Pike .....................................
Covington, Crenshaw .........
Crenshaw ............................
Conecuh .............................
Covington ............................
Okaloosa, Walton ...............
Okaloosa .............................
Okaloosa .............................
Covington ............................
FL ...........
AL ..........
AL ..........
FL ...........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
FL ...........
FL ...........
FL ...........
AL ..........
The southern sandshell persists in its
historical range; however, its range is
fragmented and numbers appear to be
declining (Williams et al. 2008, p. 338).
The number of locations in the
Escambia drainage known to support
the species has declined. It is known
from a total of nine locations, however,
only three are recent occurrences. Also,
its numbers are very low; a total of four
individuals (live and shell material)
have been collected in the Escambia
drainage since 1995. In the Yellow River
drainage, the number of locations
known to support southern sandshell
populations has declined from a total of
15 to 10 currently. The number of
locations known to support the species
in the Choctawhatchee River drainage
has declined from 44 to 25 currently;
and it may be extirpated from central
portions of the Choctawhatchee River
main channel and from some of its
tributaries. Sedimentation could be one
factor contributing to its decline. In
order to reproduce, the southern
sandshell must attract a site-feeding fish
to its superconglutinate lure. Waters
clouded by silt and sediment would
reduce the chance of this interaction
occurring (Haag et al. 1995, p. 475).
The southern sandshell is classified as
a species of highest conservation
concern in Alabama by Garner et al.
(2004, p. 60), and considered threatened
throughout its range by Williams et al.
(1993, p. 11).
Southern Kidneyshell
The southern kidneyshell
(Ptychobranchus jonesi, van der Schalie
1934) is a medium-sized freshwater
mussel known from the Escambia and
Choctawhatchee River drainages in
Alabama and Florida, and the Yellow
River drainage in Alabama (Williams et
al. 2008, p. 624). The southern
kidneyshell is elliptical and reaches
about 72 mm (2.8 in.) in length. Its shell
is smooth and shiny, and greenish
yellow to dark brown or black in color,
sometimes with weak rays. The shell
interior is bluish white with some
iridescence (Williams and Butler 1994,
p. 126; Williams et al. 2008, p. 624). The
southern kidneyshell was described by
H. van der Schalie (1934) as Lampsilis
jonesi. Following the examination of
gills of gravid females, Fuller and
Bereza (1973, p. 53) determined it
belonged in the genus Ptychobranchus.
When gravid, the marsupial gills form
folds along the outer edge, a
characteristic unique to the genus
Ptychobranchus (Williams et al. 2008, p.
609).
Very little is known about the habitat
requirements or life history of the
Historical or current
Historical.
Historical and Current.
Historical.
Current.
Historical.
Current.
Historical.
Historical.
Historical.
Historical and Current.
Historical.
Current.
Current.
Historical and Current.
southern kidneyshell. It is typically
found in medium creeks to medium
rivers in firm sand substrates with slow
to moderate current (Williams et al.
2008, pp. 625). A recent status survey in
the Choctawhatchee basin in Alabama
found its preferred habitat to be stable
substrates near bedrock outcroppings
(Gangloff and Hartfield 2009, p. 25). The
southern kidneyshell is believed to be a
long-term brooder, with females gravid
from autumn to the following spring or
summer. Preliminary reproductive
studies found that females release their
glochidia in small conglutinates that are
bulbous at one end and tapered at the
other (Alabama Aquatic Biodiversity
Center 2006 unpub. data). Host fish for
the southern kidneyshell are currently
unknown; however, darters serve as
primary glochidial hosts to other
members of the genus Ptychobranchus
(Luo 1993, p. 16; Haag and Warren
1997, p. 580).
The southern kidneyshell is endemic
to the Escambia, Choctawhatchee, and
Yellow River drainages in Alabama and
Florida (Williams et al. 2008, p. 624),
but is currently known only from the
Choctawhatchee drainage. The southern
kidneyshell’s known historical and
current occurrences, by water body and
county, are shown in Table 4 below.
TABLE 4—KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE SOUTHERN KIDNEYSHELL
emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
Water body
Drainage
Choctawhatchee River .............................
Choctawhatchee River .............................
East Fork Choctawhatchee R ..................
Flat Creek ................................................
Holmes Creek ..........................................
Pea River .................................................
Pea River .................................................
Pea River .................................................
Sandy Creek ............................................
West Fork Choctawhatchee R .................
West Fork Choctawhatchee R .................
Whitewater Creek ....................................
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Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
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State
Dale ....................................
Walton, Geneva ..................
Dale, Henry .........................
Geneva ...............................
Washington .........................
Geneva ...............................
Pike, Barbour ......................
Coffee, Dale ........................
Walton .................................
Barbour ...............................
Dale ....................................
Coffee .................................
AL ..........
FL, AL ....
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
FL ...........
AL ..........
AL ..........
AL ..........
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Historical or current
Historical and Current.
Historical.
Historical.
Historical.
Current.
Current.
Historical.
Historical and Current.
Historical.
Historical and Current.
Historical.
Historical.
61488
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Proposed Rules
TABLE 4—KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE SOUTHERN KIDNEYSHELL—Continued
Water body
Drainage
County
Burnt Corn Creek .....................................
Conecuh River .........................................
Jordan Creek ...........................................
Little Patsaliga Creek ...............................
Patsaliga Creek ........................................
Sepulga River ..........................................
Hollis Creek ..............................................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Yellow .................................
Escambia ............................
Covington, Crenshaw .........
Conecuh .............................
Crenshaw ............................
Covington, Crenshaw .........
Conecuh .............................
Covington ............................
Since 1995, the southern kidneyshell
has been detected at only 10 locations
within the Choctawhatchee River
drainage. The species appears to have
been common historically (In 1964, H.
D. Athearn collected 98 individuals at
one site on the West Fork
Choctawhatchee), but it is currently
considered one of the most imperiled
species in the United States (BlalockHerod et al. 2005, p. 16; Williams et al.
2008, p. 625). In addition to a reduction
in range, its population numbers also
appear to be very low. A 2006–2007
status survey in the Alabama portions of
the Choctawhatchee basin found the
southern kidneyshell was extremely
rare. A total of 13 were encountered
alive, and the species comprised less
than 0.3 percent of the total mussel
assemblage (Gangloff and Hartfield
2009, p. 249). It is classified as a species
of highest conservation concern in
Alabama by Garner et al. (2004, p. 83),
and considered threatened throughout
its range by Williams et al. (1993, p. 14)
Choctaw Bean
The Choctaw bean (Villosa
choctawensis, Athearn 1964) is a small
freshwater mussel known from the
Escambia, Yellow, and Choctawhatchee
River drainages of Alabama and Florida.
The oval shell of the Choctaw bean
reaches about 49 mm (2.0 in.) in length,
and is shiny and greenish-brown in
color, typically with thin green rays,
though the rays are often obscured in
darker individuals. The shell interior
color varies from bluish white to smoky
brown with some iridescence (Williams
and Butler 1994, p. 100; Williams et al.
2008, p. 758). The sexes are dimorphic,
with females truncate or widely
State
AL
AL
AL
AL
AL
AL
AL
..........
..........
..........
..........
..........
..........
..........
Historical or current
Historical.
Historical.
Historical.
Historical.
Historical.
Historical.
Historical.
rounded posteriorly, and sometimes
slightly more inflated (Athearn 1964, p.
137). The Choctaw bean was originally
described by H. D. Athearn in 1964.
Very little is known about the habitat
requirements or life history of the
Choctaw bean. It is found in large creeks
and small rivers in stable substrates of
silty sand to sandy clay with moderate
current. It is believed to be a long-term
brooder, with females gravid from late
summer or autumn to the following
summer. Its fish host is currently
unknown (Williams et al. 2008, p. 758).
The Choctaw bean is known from the
Escambia, Yellow, and Choctawhatchee
River drainages in Alabama and Florida
(Williams et al. 2008, p. 758). The
Choctaw bean’s known historical and
current occurrences, by water body and
county, are shown in the table below.
TABLE 5—KNOWN HISTORICAL AND CURRENT OCCURRENCES FOR THE CHOCTAW BEAN
emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
Water body
Drainage
County
State
Big Sandy Creek ......................................
Bruce Creek .............................................
Choctawhatchee River .............................
Choctawhatchee River .............................
Choctawhatchee River .............................
Claybank Creek .......................................
East Fork Choctawhatchee R. .................
East Fork Choctawhatchee R. .................
Flat Creek ................................................
Holmes Creek ..........................................
Judy Creek ...............................................
Limestone Creek ......................................
Paul’s Creek .............................................
Pea Creek ................................................
Pea River .................................................
Pea River .................................................
West Fork Choctawhatchee R. ................
West Fork Choctawhatchee R. ................
Whitewater Creek ....................................
Wrights Creek ..........................................
Conecuh River .........................................
Escambia River ........................................
Escambia River ........................................
Little Patsaliga Creek ...............................
Murder Creek ...........................................
Olustee Creek ..........................................
Patsaliga Creek ........................................
Pigeon Creek ...........................................
Five Runs Creek ......................................
Yellow River .............................................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Yellow .................................
Yellow .................................
Bullock ................................
Walton .................................
Dale ....................................
Holmes ................................
Washington, Geneva ..........
Dale ....................................
Barbour ...............................
Henry ..................................
Geneva ...............................
Washington .........................
Dale ....................................
Walton .................................
Barbour ...............................
Barbour ...............................
Coffee .................................
Geneva, Pike, Barbour .......
Dale ....................................
Pike, Barbour ......................
Coffee .................................
Holmes ................................
Crenshaw, Pike ..................
Santa Rosa .........................
Escambia ............................
Crenshaw ............................
Conecuh .............................
Pike .....................................
Crenshaw ............................
Butler ..................................
Covington ............................
Okaloosa, Covington ..........
AL ..........
FL ...........
AL ..........
AL ..........
FL, AL ....
AL ..........
AL ..........
AL ..........
AL ..........
FL ...........
AL ..........
FL ...........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
FL ...........
AL ..........
FL ...........
FL ...........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
FL, AL ....
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Current.
Historical.
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Current.
Current.
Historical and
Current.
Current.
Current.
Current.
Current.
Current.
Current.
Historical and
Current.
Historical and
Current.
Current.
Current.
Historical.
Historical and
Historical.
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Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Proposed Rules
The Choctaw bean persists in most of
its historical range. However, its
populations are fragmented and its
numbers are low, particularly in the
Escambia and Yellow drainages. The
number of locations in the Escambia
River drainage known to support the
species has declined from a total of 13
to 6 currently. Also, its numbers within
the drainage are very low; a total of only
10 individuals have been collected since
1995. The number of locations known to
support the Choctaw bean in the Yellow
River drainage has declined from a total
of 7 to 4 currently. Since 1995, a total
of 28 individuals have been collected
within the Yellow drainage. In the
Choctawhatchee River drainage, the
Choctaw bean continues to persist in
most areas. It is known from a total of
40 locations throughout the drainage, 34
of which are recent occurrences.
Heard assessed the status of the
Choctaw bean in 1975 (p. 17) and stated
that it was formerly abundant in the
main channel of the Choctawhatchee
River in Florida, but has become quite
rare. Garner et al. (2004, p. 103)
considered the Choctaw bean vulnerable
to extinction due to its limited
distribution and habitat degradation,
and classified it as a species of high
conservation concern in Alabama.
Williams et al. (1993, p. 14) considered
the Choctaw bean as threatened
throughout its range.
Tapered Pigtoe
The tapered pigtoe (Fusconaia burkei,
Walker 1922) is a small to mediumsized mussel endemic to the
Choctawhatchee river drainage in
Alabama and Florida (Williams et al.
2008, p. 296). The elliptical to
subtriangular shell of the tapered pigtoe
reaches about 75 mm (3.0 in.) in length,
and is sculptured with plications
(parallel ridges) that radiate from the
posterior ridge. In younger individuals,
the shell exterior is greenish brown to
yellowish brown in color, occasionally
with faint dark-green rays, and with
pronounced sculpture often covering
the entire shell; in older individuals the
shell becomes dark brown to black with
age and sculpture is often subtle. The
shell interior is bluish white (Williams
et al. 2008, p. 295). The tapered pigtoe
was described by B. Walker (1922) (in
Ortmann and Walker) as Quincuncina
burkei, a new genus and species (the
genus description was done by A. E.
Ortmann and the species description by
Walker). In the description, Ortmann
noted the species had gill features
characteristic of the genus Fusconaia;
61489
however, this was dismissed based on
the presence of sculpture on the shell.
Genetic analysis by Lydeard et al. (2000,
p. 149) determined it to be a sister taxon
to Fusconaia escambia. Based on
genetic results and soft anatomy
similarity, Williams et al. (2008, p. 296)
recognized burkei as belonging to the
genus Fusconaia.
The tapered pigtoe is found in small
to medium rivers in stable substrates of
sand, small gravel, or sandy mud, with
slow to moderate current (Williams et
al. 2008, p. 296). The reproductive
biology of the tapered pigtoe was
studied by White et al. (2008). It is a
short-term brooder, with females gravid
from mid-March to May. The blacktail
shiner (Cyprinella venusta) was found
to serve as a host for tapered pigtoe
glochidia in the preliminary host trial
(White et al. 2008, p. 122–123).
The tapered pigtoe is endemic to the
Choctawhatchee River drainage in
Alabama and Florida (Williams et al.
2008, p. 296). Its historical and current
distribution includes several oxbow
lakes in Florida; some with a flowing
connection to main channel. The
tapered pigtoe’s known historical and
current occurrences, by water body and
county, are shown in the table below.
TABLE 6—KNOWN HISTORICAL AND CURRENT OCCURRENCES FOR THE TAPERED PIGTOE
Water body
Drainage
County
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
.................
.................
.................
.................
.................
.................
Cowford Island channel ...........................
Crawford Lake ..........................................
Crews Lake ..............................................
East Fork Choctawhatchee R. .................
East Fork Choctawhatchee R. .................
East Pittman Creek ..................................
Eightmile Creek ........................................
Flat Creek ................................................
Holmes Creek ..........................................
emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
Bear Creek ...............................................
Big Creek .................................................
Blue Creek ...............................................
Bruce Creek .............................................
Choctawhatchee River .............................
Choctawhatchee River .............................
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
.................
.................
.................
.................
.................
.................
.................
.................
.................
Horseshoe Lake .......................................
Hurricane Creek .......................................
Judy Creek ...............................................
Limestone Creek ......................................
Little Choctawhatchee River ....................
Panther Creek ..........................................
Parrot Creek .............................................
Paul’s Creek .............................................
Pea Creek ................................................
Pea River .................................................
Pea River .................................................
Pine Log Creek ........................................
Sandy Creek ............................................
Tenmile Creek ..........................................
West Fork Choctawhatchee R. ................
West Fork Choctawhatchee R. ................
West Pittman Creek .................................
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
Choctawhatchee
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
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State
Houston ..............................
Barbour ...............................
Holmes ................................
Walton .................................
Dale ....................................
Washington, Walton,
Holmes.
Washington .........................
Washington .........................
Washington .........................
Dale ....................................
Henry ..................................
Holmes ................................
Walton, Geneva ..................
Geneva ...............................
Washington, Holmes, Jackson.
Washington .........................
Geneva ...............................
Dale ....................................
Walton .................................
Dale, Houston .....................
Houston ..............................
Holmes ................................
Barbour ...............................
Barbour ...............................
Dale, Barbour .....................
Coffee, Pike ........................
Washington, Bay ................
Walton .................................
Holmes ................................
Dale, Pike ...........................
Barbour ...............................
Holmes ................................
AL ..........
AL ..........
FL ...........
FL ...........
AL ..........
FL ...........
Historical.
Current.
Current.
Current.
Historical.
Historical and Current.
FL ...........
FL ...........
FL ...........
AL ..........
AL ..........
FL ...........
FL, AL ....
AL ..........
FL ...........
Historical and
Historical.
Current.
Historical.
Historical and
Historical and
Current.
Historical and
Historical and
FL ...........
AL ..........
AL ..........
FL ...........
AL ..........
AL ..........
FL ...........
AL ..........
AL ..........
AL ..........
AL ..........
FL ...........
FL ...........
FL ...........
AL ..........
AL ..........
FL ...........
Historical.
Historical.
Current.
Historical and Current.
Historical.
Historical.
Current.
Current.
Current.
Historical.
Historical and Current.
Current.
Current.
Historical.
Historical.
Historical and Current.
Current.
Sfmt 4702
E:\FR\FM\04OCP2.SGM
04OCP2
Historical or current
Current.
Current.
Current.
Current.
Current.
61490
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Proposed Rules
TABLE 6—KNOWN HISTORICAL AND CURRENT OCCURRENCES FOR THE TAPERED PIGTOE—Continued
Water body
Drainage
County
State
Wrights Creek ..........................................
Choctawhatchee .................
Holmes ................................
FL ...........
The tapered pigtoe appears to be
absent from portions of its historical
range and found only in isolated
locations (Blalock-Herod et al. 2005, p.
17). The species is known from a total
of 60 locations within the
Choctawhatchee River drainage. It was
not detected at 11 historical sites
examined during recent status surveys
(9 additional historic locations were not
examined). Many of those historic
occurrences are in the middle section of
the drainage, and the species appears to
be declining in that portion of its range.
The tapered pigtoe continues to persist
in isolated locations, mainly in the
Choctawhatchee River main channel in
Florida and in the headwaters in
Alabama.
Due to its limited distribution, rarity,
and habitat degradation, Garner et al.
(2004, p. 105) consider the tapered
pigtoe vulnerable to extinction, and
classified it as a species of high
conservation concern in Alabama. The
tapered pigtoe is considered threatened
throughout its range by Williams et al.
(1993, p. 14).
Narrow Pigtoe
The narrow pigtoe (Fusconaia
escambia, Clench and Turner 1956) is a
small to medium-sized mussel known
from the Escambia River drainage in
Alabama and Florida, and the Yellow
River drainage in Florida. The
subtriangular to squarish shaped shell of
the narrow pigtoe reaches about 75 mm
(3.0 in.) in length. The shell is
moderately thick and is usually reddish
brown to black in color. The shell
interior is white to salmon in color with
iridescence near the posterior margin
(Williams and Butler 1994, p. 77;
Williams et al. 2008, p. 316). The
narrow pigtoe was originally described
by W.J. Clench and R.D. Turner in 1956.
Little is known about the habitat
requirements or life history of the
Historical or current
Current.
narrow pigtoe. It is found in creeks and
small to medium rivers in stable
substrates of sand, sand and gravel, or
silty sand, with slow to moderate
current. It is believed to be a short-term
brooder, with females gravid during
spring and summer. The host fish for
the narrow pigtoe is currently unknown
(Williams et al. 2008, p. 317). The
species is somewhat unusual in that it
does tolerate a small reservoir
environment (Williams 2009 pers.
comm.). Reproducing narrow pigtoe
populations were found recently in
some areas of Point A Lake and Gantt
Lake reservoirs.
The narrow pigtoe is endemic to the
Escambia River drainage in Alabama
and Florida, and to the Yellow River
drainage in Florida (Williams et al.
2008, p. 317). The narrow pigtoe’s
known historical and current
occurrences, by water body and county,
are shown in Table 7 below.
TABLE 7—KNOWN HISTORICAL AND CURRENT OCCURRENCES FOR THE NARROW PIGTOE
Water body
Drainage
County
Escambia
Escambia
Escambia
Escambia
Escambia River ........................................
Murder Creek ...........................................
Panther Creek ..........................................
Patsaliga Creek ........................................
Persimmon Creek ....................................
Three Run Creek .....................................
Yellow River .............................................
Yellow River .............................................
emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
Bottle Creek .............................................
Burnt Corn Creek .....................................
Conecuh River .........................................
Conecuh River .........................................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Yellow .................................
Yellow .................................
The narrow pigtoe still occurs in
much of its historic range, but may be
extirpated from localized areas. In the
Escambia drainage, the number of
locations that support the species has
declined from 32 to 24 currently. It was
not detected at two historical sites
examined recently (four historical sites
were not examined) in the drainage. In
the Yellow drainage, the number of sites
supporting narrow pigtoe populations
has declined from four to three
currently. The species is rare in the
Yellow River drainage; a total of only 23
individuals from 3 locations have been
collected since 1995.
Garner et al. (2004, p. 55) considered
the narrow pigtoe vulnerable to
VerDate Mar<15>2010
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............................
............................
............................
............................
Conecuh .............................
Conecuh .............................
Pike .....................................
Escambia, Covington, Crenshaw.
Escambia, Santa Rosa .......
Conecuh .............................
Butler ..................................
Covington, Crenshaw .........
Butler ..................................
Butler ..................................
Santa Rosa .........................
Okaloosa .............................
extinction because of its limited
distribution, rarity, and susceptibility to
habitat degradation, and classified it as
a species of highest conservation
concern in Alabama. Williams et al.
(1993, p. 11) considered the narrow
pigtoe threatened throughout its range.
Fuzzy Pigtoe
The fuzzy pigtoe (Pleurobema
strodeanum, Wright (1898) is a small to
medium-sized mussel known from the
Escambia, Yellow, and Choctawhatchee
River drainages in Alabama and Florida
(Williams et al. 2008, p. 574). The fuzzy
pigtoe is oval to subtriangular and
reaches about 75 mm (3.0 in.) in length.
Its shell surface is usually dark brown
PO 00000
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Fmt 4701
State
Sfmt 4702
AL
AL
AL
AL
Historical or current
..........
..........
..........
..........
Historical.
Current.
Current.
Historical and Current.
FL ...........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
FL ...........
FL ...........
Historical and Current.
Historical.
Historical.
Current.
Current.
Current.
Historical.
Historical and Current.
to black in color. The shell interior is
bluish white, with slight iridescence
near the margin (Williams and Butler
1994, p. 90; Williams et al. 2008, p.
573). The fuzzy pigtoe was described by
B. H. Wright (1898) as Unio strodeanus.
Simpson (1900) reexamined the type
specimen and reassigned it to the genus
Pleurobema. The uniqueness of the
fuzzy pigtoe has been verified by
Williams et al. (2008, p. 574).
The fuzzy pigtoe is found in medium
creeks and rivers in stable substrates of
sand and silty sand with slow to
moderate current. The reproductive
biology of the fuzzy pigtoe was studied
by White et al. (2008, p. 122–123). It is
a short-term brooder, with females
E:\FR\FM\04OCP2.SGM
04OCP2
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Proposed Rules
gravid from mid-March to May. The
blacktail shiner (Cyprinella venusta)
was found to serve as a host for fuzzy
pigtoe glochidia in the preliminary
study trial.
The fuzzy pigtoe is endemic to the
Escambia, Yellow, and Choctawhatchee
River drainages in Alabama and Florida
(Williams et al. 2008, p. 574). The fuzzy
pigtoe’s known historical and current
61491
occurrences, by water body and county,
are shown in Table 8 below.
TABLE 8—KNOWN HISTORICAL AND CURRENT OCCURRENCES OF THE FUZZY PIGTOE
Drainage
County
State
Big Sandy Creek ......................................
Blue Creek ...............................................
Choctawhatchee River .............................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Current.
Current.
Historical and Current.
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Choctawhatchee .................
Escambia ............................
Escambia ............................
Escambia ............................
AL ..........
AL ..........
AL ..........
FL ...........
FL, AL ....
AL ..........
FL ...........
FL ...........
AL ..........
AL ..........
FL ...........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
FL ...........
AL ..........
AL ..........
AL ..........
AL ..........
FL ...........
FL ...........
AL ..........
AL ..........
AL ..........
Current.
Current.
Historical and
Current.
Current.
Current.
Current.
Historical and
Current.
Current.
Historical.
Historical.
Historical.
Current.
Current.
Current.
Historical and
Current.
Current.
Current.
Current.
Historical and
Current.
Historical and
Historical and
Historical and
Historical and
Escambia River ........................................
Jordan Creek ...........................................
Little Patsaliga Creek ...............................
Mill Creek .................................................
Murder Creek ...........................................
Patsaliga Creek ........................................
Persimmon Creek ....................................
Pigeon Creek ...........................................
Sandy Creek ............................................
Sepulga River ..........................................
Yellow River .............................................
Yellow River .............................................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Escambia ............................
Yellow .................................
Yellow .................................
Bullock ................................
Holmes ................................
Washington, Walton,
Holmes, Geneva, Dale.
Dale ....................................
Dale ....................................
Henry ..................................
Holmes ................................
Walton, Geneva ..................
Geneva ...............................
Holmes, Jackson ................
Washington .........................
Geneva ...............................
Dale ....................................
Walton .................................
Dale, Houston .....................
Houston ..............................
Barbour ...............................
Barbour ...............................
Pike, Barbour ......................
Geneva, Coffee, Dale .........
Walton .................................
Coffee .................................
Barbour ...............................
Pike .....................................
Dale, Barbour .....................
Holmes ................................
Holmes ................................
Conecuh .............................
Conecuh .............................
Escambia, Covington, Crenshaw, Pike.
Escambia, Santa Rosa .......
Conecuh .............................
Crenshaw ............................
Pike .....................................
Conecuh .............................
Crenshaw ............................
Butler ..................................
Covington ............................
Conecuh .............................
Conecuh .............................
Covington ............................
Okaloosa .............................
AL ..........
FL ...........
FL, AL ....
Claybank Creek .......................................
East Fork Choctawhatchee R. .................
East Fork Choctawhatchee R. .................
East Pittman Creek ..................................
Eightmile Creek ........................................
Flat Creek ................................................
Holmes Creek ..........................................
Holmes Creek ..........................................
Hurricane Creek .......................................
Judy Creek ...............................................
Limestone Creek ......................................
Little Choctawhatchee River ....................
Panther Creek ..........................................
Pauls Creek .............................................
Pea Creek ................................................
Pea River .................................................
Pea River .................................................
Sandy Creek ............................................
Steep Head Creek ...................................
unnamed trib. to Lindsey Cr. ...................
Walnut Creek ...........................................
West Fork Choctawhatchee R. ................
West Pittman Creek .................................
Wrights Creek ..........................................
Bottle Creek .............................................
Burnt Corn Creek .....................................
Conecuh River .........................................
emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
Water body
FL ...........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
AL ..........
FL ...........
Historical and
Current.
Historical and
Historical.
Historical and
Historical and
Current.
Historical and
Historical.
Historical.
Historical.
Historical and
Within the Escambia River drainage,
the fuzzy pigtoe is historically known
from a total of 38 locations. It is
currently known from 20 of these
locations, however, its status in the
Escambia drainage is difficult to assess
as 15 of the 18 remaining historical sites
have not be surveyed since 1995. The
fuzzy pigtoe is exceedingly rare in the
Yellow River drainage, where it is
known from a total of only five
localities. A single individual collected
in 2010 in the Florida portion of the
main channel is the only recent record
of the species in the drainage. Its range
in the Yellow drainage has declined,
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15:57 Oct 03, 2011
Jkt 223001
and the species may no longer occur in
the Alabama portions of the drainage. In
the Choctawhatchee River drainage, the
number of locations that support fuzzy
pigtoe populations has declined from 61
to 54. At one site on Limestone Creek,
a once abundant population may have
disappeared: A total of 56 individuals
was collected in 1988; only 3 were
collected in 1993 by the same collector;
and none were collected during site
visits at the same location in 1996 and
2011. Although the species still occurs
in much of its historic range in the
drainage, it may be extirpated from
localized areas.
PO 00000
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Fmt 4701
Sfmt 4702
Historical or current
Current.
Current.
Current.
Current.
Current.
Current.
Current.
Current.
Current.
Current.
Current.
Current.
Current.
Current.
The fuzzy pigtoe is considered
vulnerable to extinction because of its
limited distribution and dwindling
habitat by Garner et al. (2004, p. 101),
who classified it as a species of high
conservation concern in Alabama.
Williams et al. (1993, p. 11) considered
the fuzzy pigtoe a species of special
concern throughout its range.
Summary of Factors Affecting the
Species
Section 4 of the Act and its
implementing regulations at 50 CFR part
424, set forth the procedures for adding
species to the Federal List of
Endangered and Threatened Wildlife
E:\FR\FM\04OCP2.SGM
04OCP2
61492
Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Proposed Rules
emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
and Plants. Under section 4(a)(1) of the
Act, we may list a species based on any
of the following five factors: (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; and (E)
other natural or manmade factors
affecting its continued existence. Listing
actions may be warranted based on any
of the above threat factors, singly or in
combination. Each of these factors is
discussed below.
A. The Present or Threatened
Destruction, Modification, or
Curtailment of Its Habitat or Range
The habitats of freshwater mussels are
vulnerable to water quality degradation
and habitat modification from a number
of activities associated with modern
civilization. The primary cause of the
decline of these eight mussels has been
the modification and destruction of
their stream and river habitat, with
sedimentation as the leading cause.
Their stream habitats are subject to
pollution and alteration from a variety
of sources including adjacent land use
activities, effluent discharges, and
impoundments.
Nonpoint-source pollution from land
surface runoff originates from virtually
all land use activities and includes
sediments, fertilizer, herbicide and
pesticide residues; animal wastes; septic
tank leakage and gray water discharge;
and oils and greases. Current activities
and land uses that can negatively affect
populations of these eight mussels
include unpaved road crossings,
improper silviculture and agriculture
practices, highway construction,
housing developments, pipeline
crossings, and cattle grazing. These
activities can result in physical
disturbance of stream substrates or the
riparian zone, excess sedimentation and
nutrification, decreased dissolved
oxygen concentration, increased acidity
and conductivity, and altered flow.
Limited range and low numbers make
these eight mussels vulnerable to land
use changes that would result in
increases in nonpoint-source pollution.
Sedimentation is one of the most
significant pollution problems for
aquatic organisms (Williams and Butler
1994, p. 55), and has been determined
to be a major factor in mussel declines
(Ellis 1936, pp. 39–40). Impacts
resulting from sediments have been
noted for many components of aquatic
communities. For example, sediments
have been shown to abrade or suffocate
periphyton (organisms attached to
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15:57 Oct 03, 2011
Jkt 223001
underwater surfaces); affect respiration,
growth, reproductive success, and
behavior of aquatic insects and mussels;
and affect fish growth, survival, and
reproduction (Waters 1995, pp. 173–
175). Heavy sediment loads can destroy
mussel habitat, resulting in a
corresponding shift in mussel fauna
(Brim Box and Mossa 1999, p. 100).
Excessive sedimentation can lead to
rapid changes in stream channel
position, channel shape, and bed
elevation (Brim Box and Mossa 1999, p.
102). Sedimentation has also been
shown to impair the filter feeding ability
of mussels. When in high silt
environments, mussels may keep their
valves closed more often, resulting in
reduced feeding activity (Ellis 1936, p.
30); and high amounts of suspended
sediments can dilute their food source
(Dennis 1984, p. 212). Increased
turbidity from suspended sediment can
reduce or eliminate juvenile mussel
recruitment (Negus 1966, p. 525; Box
and Mossa 1999, pp. 101–102). Many
mussel species use visual cues to attract
host fishes; such a reproductive strategy
depends on clear water. For example,
increased turbidity may impact the
southern sandshell life cycle by
reducing the chance that a sight-feeding
host fish will encounter the visual
display of its superconglutinate lure
(Haag et al. 1995, p. 475; Blalock-Herod
et al. 2002, p. 1885). If the
superconglutinate is not encountered by
a host within a short time period, the
glochidia will become nonviable
(O’Brien and Brim Box 1999, p. 133).
Also, evidence suggests that
conglutinates of the southern
kidneyshell, once released from the
female mussel, must adhere to hard
surfaces in order to be seen by its fish
host. If the surface becomes covered in
fine sediments, the conglutinate cannot
attach and is swept away (Hartfield and
Hartfield 1996, p. 373).
Biologists conducting mussel surveys
within the drainages have reported
observations of excessive sedimentation
in the streams and rivers of the three
basins. While searching for the Alabama
pearlshell in headwater streams of the
Conecuh and Alabama drainages, D. N.
Shelton (1996, pp. 1–5 in litt.) reported
many streams within the study area had
experienced heavy siltation, and that all
species of mollusks appeared to be
adversely affected. M. M. Gangloff
(Gangloff and Hartfield 2009, p. 253)
observed large amounts of sand and silt
in the mainstem Pea and
Choctawhatchee rivers during a 2006–
2007 survey, and considered this a
possible reason for the decline of
mussels in the drainage.
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In 2009–2010, The Nature
Conservancy completed an inventory
and prioritization of impaired sites in
the Yellow River watershed in Alabama
and Florida (Herrington et al., in prep.).
The study identified and quantified the
impacts of unpaved road crossings and
streambank instability and erosion
within the river corridor and riparian
zone, to assess impairments that could
impact the five species occurring in the
drainage. A total of 339 unpaved roads
and approximately 209 river miles of
mainstem and tributaries were assessed
using standardized methods. Out of
these, 409 sites ranked ‘‘High’’ or
‘‘Moderate’’ in risk of excessive
sedimentation according to the
Sediment Risk Index. Many of the
impaired sites (149) were located
upstream of known mussel locations. In
addition, habitat conditions were
characterized at 44 known mussel
locations; the sites were scored
numerically and rated as poor, fair,
good, or excellent. The majority of the
mussel sites were assessed to be either
fair or poor. Most of these locations
were within the vicinity of bridge
crossings and boat ramps and several,
particularly in the Shoal River in
Florida, were directly downstream of
highly impaired unpaved road and river
corridor sites. In summary, the study
found the threat of sedimentation and
habitat degradation is high throughout
the Yellow River watershed with over
75 percent of sites assessed exhibiting
high or moderate risk, and the majority
of known mussel locations impaired.
Potential sediment sources within a
watershed include virtually any activity
that disturbs the land surface. Current
sources of sand, silt, and other sediment
accumulation in south-central Alabama
and western Florida stream channels
include unpaved road runoff,
agricultural lands, timber harvest,
livestock grazing, and construction and
other development activities (Williams
and Butler 1994, p. 55; Bennett 2002, p.
5 and references therein; Hoehn 1998,
pp. 46–47 and references therein). The
Choctawhatchee, Pea, and Yellow
Rivers Watershed Management Plan
(CPYRWMP) and the Conecuh–
Sepulga–Blackwater Rivers Watershed
Protection Plan (CSBRWPP) document
water quality impairments to the
Alabama portions of the watersheds.
Both plans identify elevated levels of
sediment as one of the primary causes
of impairment (CPYRWMP, p. 156;
CSBRWPP, p. 110). In the
Choctawhatchee and Yellow river
drainages, four out of the nine streams
in which sediment loads were
calculated by the Geological Survey of
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Alabama had significant sediment
impairment (CPYRWMP, p. 157). In
Alabama, runoff from unpaved roads
and roadside gullies is considered the
main source of sediment transported
into the streams of the drainages
(Bennett 2002, p. 5 and references
therein; CPYRWMP, p. 145). Unpaved
roads are constructed primarily of sandy
materials and are easily eroded and
transported to stream corridors. In
addition, certain silvicultural and
agricultural activities cause erosion,
riparian buffer degradation, and
increased sedimentation. Uncontrolled
access to small streams by cattle can
result in destruction of riparian
vegetation, bank degradation and
erosion, and localized sedimentation of
stream habitats.
Land surface runoff also contributes
nutrients (for example, nitrogen and
phosphorus from fertilizers, sewage, and
animal manure) to rivers and streams,
causing them to become eutrophic.
Excessive nutrient input stimulates
excessive plant growth (algae,
periphyton attached algae, and nuisance
plants). This enhanced plant growth can
cause dense mats of filamentous algae
that can expose juvenile mussels to
entrainment or predation and be
detrimental to the survival of juvenile
mussels (Hartfield and Hartfield 1996,
p. 373). Excessive plant growth can also
reduce dissolved oxygen in the water
when dead plant material decomposes.
In a review of the effects of
eutrophication on mussels, Patzner and
Muller (2001, 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 2001, pp.
330–333). Filamentous algae may also
displace certain species of fish, or
otherwise affect fish–mussel
interactions essential to recruitment (for
example, Hartfield and Hartfield 1996,
p. 373). Nutrient sources include
fertilizers applied to agricultural fields
and lawns, septic tanks, and municipal
wastewater treatment facilities.
Because of their sedentary
characteristics, mussels are extremely
vulnerable to toxic effluents (Sheehan et
al. 1989, pp. 139–140; Goudreau et al.
1993, pp. 216–227; Newton 2003, p.
2543). Descriptions of localized
mortality have been provided for
chemical spills and other discrete pointsource discharges; however, rangewide
decreases in mussel density and
diversity may result from the more
insidious effects of chronic, low-level
contamination (Newton 2003, p. 2543,
Newton et al. 2003, p. 2554). Freshwater
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mussel experts often report chemical
contaminants as factors limiting to
unionids (Richter et al. 1997, pp. 1081–
1093). They note high sensitivity of
early life stages to contaminants such as
chlorine (Wang et al. 2007 pp. 2039–
2046), metals (Keller and Zam 1991, p.
542; Jacobson et al. 1993, pp. 879–883),
ammonia (Augspurger et al. 2003, pp.
2571–2574; Wang et al. 2007 pp. 2039–
2046), and pesticides (Bringolf et al.
2007a,b pp. 2089–2092, pp. 2096–2099).
Pesticide residues from agricultural,
residential, or silvicultural activities
enter streams mainly by surface runoff.
Agricultural crops locally grown within
the range of these mussels associated
with high pesticide use include cotton,
peanuts, corn, and soybeans. Chlorine,
metals, and ammonia are common
constituents in treated effluent from
municipal and industrial wastewater
treatment facilities. A total of 62
municipal and 39 industrial wastewater
treatment facilities are permitted in
Alabama and Florida to discharge
treated effluent into surface waters of
the three river drainages (FDEP 2010b;
ADEM 2010c).
States maintain water-use
classifications through issuance of
National Pollutant Discharge
Elimination System (NPDES) permits to
industries, municipalities, and others
that set maximum limits on certain
pollutants or pollutant parameters. The
Alabama Department of Environmental
Management (ADEM) has designated the
water use classification for most
portions of the Escambia, Yellow, and
Choctawhatchee Rivers as ‘‘Fish and
Wildlife’’ (F&W), and a few portions
(mostly lakes) as ‘‘Swimming’’ (S). The
F&W designation establishes minimum
water quality standards that are believed
to protect existing species and water
uses like fishing and recreation within
the designated area, while the S
classification establishes higher water
quality standards that are protective of
human contact with the water. The
Florida Department of Environmental
Protection (FDEP) classifies all three
river drainages as Class III waters. The
Class III designation establishes
minimum water quality standards that
are believed to protect species and uses
such as recreation. The Choctawhatchee
and Shoal Rivers are also designated as
Outstanding Florida Waters (OFW) by
the State of Florida. The designation
prevents the discharge of pollutants,
which would lower existing water
quality or significantly degrade the
OFW.
Section 303(d) of the Clean Water Act
requires States to identify waters that do
not fully support their designated use
classification. These impaired water
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bodies are placed on the State’s 303(d)
list, and a total maximum daily load
(TMDL) must be developed for the
pollutant of concern. A TMDL is an
estimate of the total load of pollutants
that a segment of water can receive
without exceeding applicable water
quality criteria. Alabama’s 303(d) list
identifies a total of 25 impaired stream
segments within the Escambia, Yellow,
and Choctawhatchee River basins that
either support populations of the eight
species or that flow into streams that
support them. The list identifies metals
(mercury and lead), organic enrichment,
pathogens, siltation, excess nutrients, or
unknown toxicity as reasons for
impairment (ADEM 2010a, pp. 4–8).
Various potential point and non-point
pollution sources are identified, such as
atmospheric deposition, pasture grazing,
feedlots, municipal, industrial, urban
runoff, agriculture, and land
development. Florida’s 303(d) list
identifies a total of 22 impaired stream
segments within the basins that either
support populations of seven of the
species (the Alabama pearlshell does
not occur in Florida) or that flow into
streams that support them. The list
identifies coliform bacteria, low
dissolved oxygen (nutrients), and
mercury (in fish tissue) as reasons for
inclusion (FDEP 2010a, pp. 4–6).
While the negative effects of pointsource discharges on aquatic
communities in Alabama and Florida
have been reduced over time by
compliance with State and Federal
regulations pertaining to water quality,
there has been less success in dealing
with nonpoint-source pollution impacts.
Because these contaminant sources stem
from urban surface runoff, private
landowner activities (construction,
grazing, agriculture, silviculture), and
public construction works (bridge and
highway construction and
maintenance), they are often more
difficult to regulate.
The damming of rivers has been a
major factor contributing to the demise
of freshwater mussels (Bogan 1993, p.
604). Dams eliminate or reduce river
flow within impounded areas, trap silts
and cause sediment deposition, alter
water temperature and dissolved oxygen
levels, change downstream water flow
and quality, affect normal flood
patterns, and block upstream and
downstream movement of mussels and
their host fishes (Bogan 1993, p. 604;
Vaughn and Taylor 1999, pp. 915–917;
Watters 1999, pp. 261–264; McAllister
et al. 2000, p. iii; Marcinek et al. 2005,
pp. 20–21). Below dams, mollusk
declines are associated with changes
and fluctuation in flow regime, scouring
and erosion, reduced dissolved oxygen
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levels, water temperatures, and changes
in resident fish assemblages (Williams
et al. 1993, p. 7; Neves et al. 1997, pp.
63–64; Watters 1999, pp. 261–264;
Marcinek et al. 2005, pp. 20–21).
Because rivers are linear systems, these
alterations can cause mussel declines
for many miles below the dam (Vaughn
and Taylor 1999, p. 916).
Three significant mainstem
impoundments are situated within the
three drainages, all in Alabama.
Constructed in 1923 for hydroelectric
power generation, Point A Lake and
Gantt Lake dams are located on the
mainstem of the Conecuh River in
Covington County, AL. Combined, these
two dams impound approximately 3,400
acres at normal pool. Both
impoundments have limited storage
capacity and are operated as modified
run-of-river projects with daily peaking.
For example, when inflows to Gantt are
greater than 1,500 cubic feet per second
(cfs), the outflow matches the inflow at
Point A. However, during the summer
months, when inflows can fall below
1,500 cfs, a portion of the inflow may
be stored and released when power
generation is in high demand.
Regardless of the inflow, Point A Dam
has a minimum continuous discharge
requirement of 500 cfs and a
requirement to meet a dissolved oxygen
level of no less than 4.0 milligram per
liter (mg/l).
The Elba Dam on the Pea River
mainstem in Alabama was constructed
in 1903 for power generation, but is no
longer in use. The dam does not store
water, so outflow basically equals
inflow. The Elba Dam does not have a
reservoir, only a widened channel,
which is roughly one and a half to two
times wider above the dam than below.
Channel scour (deepening of the
streambed as a result of erosion) is
occurring downstream of the Elba Dam
(Williams 2010 pers. comm.). All three
dams are barriers to fish migration and
to the movement of mussel host species.
By blocking fish movement, the dams
prevent gene exchange between
upstream and downstream mussel
populations. The three dams currently
separate populations of southern
sandshell, southern kidneyshell,
Choctaw bean, tapered pigtoe, and fuzzy
pigtoe. In addition, two smaller
impoundments are located on tributary
streams. Lake Frank Jackson is situated
on Lightwood Knot Creek, a tributary to
the Yellow River in Covington County,
Alabama; and Lake Tholocco, on
Claybank Creek, is a tributary to the
Choctawhatchee River in Dale County,
AL. Waters released from these shallow
impoundments can have extremely
elevated temperatures in summer,
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which alters the normal temperature
cycle downstream (Williams et al. 2000
unpub. data).
The potential exists for more dams to
be constructed within the three
drainages, and at least four additional
impoundments are proposed. These
include proposed impoundments on
Murder Creek and Big Escambia Creek
in the Escambia drainage in Alabama,
the Yellow River mainstem in Florida,
and the Little Choctawhatchee River in
Alabama. These proposed projects have
implications for the populations of all
eight species. Given projected
population increases and the need for
municipal water supply, other proposals
for impoundment construction are
expected in the future.
In summary, the loss of habitat and
range from various forms of pollution
and impoundments is a significant
threat to the continued existence of
these eight species. Degradation from
sedimentation and contaminants
threatens the habitat and water quality
necessary to support these species
throughout their entire range.
Sedimentation can cause mortality by
suffocation, impair the ability to feed,
respire, and reproduce; and destabilize
substrate. Contaminants associated with
municipal and industrial effluents
(metals, ammonia, chlorine) and with
agriculture and silviculture (pesticides)
are lethal to mussels particularly to the
highly sensitive early life stages. The
effects of impoundments are more
discreet, but can cause severe
alternations to mussel habitat both
upstream and downstream of the dam,
and can impair dispersal and breeding
ability. While recent surveys for these
species have documented several new
populations, they have also documented
a decline in (and the loss of) many of
the known populations due to human
impact. Therefore, we have determined
that the present or threatened
destruction, modification, or
curtailment of habitat and range is a
threat of high magnitude to the Alabama
pearlshell, round ebonyshell, southern
kidneyshell, southern sandshell, and
Choctaw bean; and a threat of moderate
magnitude to the tapered pigtoe, narrow
pigtoe, and fuzzy pigtoe. This threat is
current (as evidenced by population
declines) and is projected to continue
and increase into the future with
additional anthropogenic pressures.
B. Overutilization for Commercial,
Recreational, Scientific, or Educational
Purposes
None of the eight mussels are
commercially valuable species, and the
streams and rivers that they inhabit are
not subject to harvesting activities for
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commercial mussel species. Although
the eight species have been taken for
scientific and private collections in the
past, collecting is not considered a
factor in the decline of these species.
Such activity may increase as their
rarity becomes known; however, we
have no specific information indicating
that overcollection is currently a threat.
Therefore, we find that overutilization
for commercial, recreational, scientific,
or educational purposes is not a threat
to the eight mussels at this time.
C. Disease or Predation
Diseases of freshwater mussels are
poorly known, and we have no specific
information indicating that disease
poses a threat to populations of these
eight species. Juvenile and adult
mussels are prey items for some
invertebrate predators and parasites (for
example, nematodes and mites), and
provide prey for a few vertebrate species
(for example, raccoons, muskrats, otters,
and turtles) (Hart and Fuller 1974,
pp. 225–240). However, we have no
evidence of any specific declines in
these species due to predation.
Therefore, diseases and predation of
freshwater mussels remain largely
unstudied and are not considered a
threat to the eight mussels at this time.
D. The Inadequacy of Existing
Regulatory Mechanisms
There is no information on the
sensitivity of the Alabama pearlshell,
round ebonyshell, southern kidneyshell,
southern sandshell, Choctaw bean,
tapered pigtoe, narrow pigtoe, or fuzzy
pigtoe to aquatic pollutants. Current
State and Federal regulations regarding
pollutants are designed to be protective
of aquatic organisms; however,
freshwater mussels may be more
susceptible to some pollutants than test
organisms commonly used in bioassay
tests. A multitude of bioassay tests
conducted on 16 mussel species
(summarized by Augspurger et al. 2007,
pp. 2025–2028), show that freshwater
mussels are more sensitive than
previously known to some chemical
contaminants including chlorine,
ammonia, copper, the pesticides
chlorothalonil and glyphosate, and the
surfactant MON 0818. For example,
several recent studies have
demonstrated that U.S. Environmental
Protection Agency (EPA) 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).
Ammonia is an important aquatic
pollutant because of its relatively high
toxicity and common occurrence in
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riverine systems. This has application to
the expected sources of these chemicals
in the environment. Significant sources
of nutrient enrichment leading to
elevated ammonia include industrial
wastewater, municipal wastewater
treatment plant effluents, and urban and
agricultural runoff (chemical fertilizers
and animal wastes) (Augspurger et al.
2007, p. 2026). Elevated copper in
surface waters can result from natural
runoff sources, but is more often
associated with a private or municipal
wastewater effluent. Pesticide residues
enter streams from agricultural,
residential, or silvicultural runoff.
Environmental chlorine concentrations
will most often be associated with a
point source discharge such as a
municipal wastewater treatment facility.
As indicated in the Factor A
discussion above, sedimentation is
considered the most significant threat to
these eight species. Best Management
Practices (BMPs) for sediment and
erosion control are often recommended
or required for construction projects,
however, compliance, monitoring, and
enforcement of these recommendations
are often poorly implemented. Although
unpaved roads likely contribute the
majority of sediment to the river basins,
other sources including forestry, row
crops, and construction contribute to
the total sediment load.
States are required under the Clean
Water Act to establish a TMDL for the
pollutants of concern that the water
body can receive without exceeding the
applicable standard (see discussion
under Factor A). However, the Federal
Clean Water Act is not fully utilized in
the protection of these river systems.
For example, of the 51 impaired water
bodies identified within the drainages,
less than one-fourth currently have
approved TMDLs (ADEM 2010b, pp. 3–
6; FDEP 2010a, pp. 4–6).
In summary, some regulatory
mechanisms exist that protect aquatic
species, however, these regulations are
not effective at protecting mussels and
their habitats from sedimentation and
contaminants. This is apparent from the
decline in all eight mussels. Pollution
from non-point sources is the greatest
threat to these eight mussels (see Factor
A discussion); however, this type of
pollution is difficult to regulate and not
effectively controlled by State and
Federal water quality regulations within
the proposed designation. Therefore, we
find current existing regulatory
mechanisms are inadequate to protect
the eight mussels throughout their
ranges. This threat is current and is
projected to continue into the future.
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E. Other Natural or Manmade Factors
Affecting Its Continued Existence
Random Catastrophic Events
The Gulf coastal region is prone to
extreme hydrologic events. Extended
droughts result from persistent highpressure systems, which inhibit
moisture from the Gulf of Mexico from
reaching the region (Jeffcoat et al. 1991,
p. 163–170). Warm, humid air from the
Gulf of Mexico can produce strong
frontal systems and tropical storms
resulting in heavy rainfall and extensive
flooding (Jeffcoat et al. 1991, p. 163–
170). Although floods and droughts are
a natural part of the hydrologic
processes that occur in these river
systems, these events may contribute to
the further decline of mussel
populations suffering the effects of other
threats.
During high flows, flood scour can
dislodge mussels where they may be
injured, buried, swept into unsuitable
habitats, or stranded and perish when
flood waters recede (Vannote and
Minshall 1982, p. 4105; Tucker 1996,
p. 435; Hastie et al. 2001, pp. 107–115;
Peterson et al. 2011, unpaginated).
Heavy spring rains in 2009 resulted in
severe flooding in the basins that
destroyed numerous stream crossings.
During drought, stream channels may
become disconnected pools where
mussels are exposed to higher water
temperatures, lower dissolved oxygen
levels, and predators; or channels may
become dewatered entirely. Johnson et
al. (2001, p. 6) monitored mussel
responses during a severe drought in
2000 in tributaries of the Lower Flint
River in Georgia, and found that most
mortality occurred when dissolved
oxygen levels dropped below 5 mg/L.
Furthermore, increased human demand
and competition for surface and ground
water resources for irrigation and
consumption during drought can cause
drastic reductions in stream flows and
alterations to hydrology (Golladay et al.
2004, p. 504; Golladay et al. 2007
unpaginated). Extended droughts
occurred in the Southeast during 1998
to 2002 and again in 2006 to 2008. The
effects of these recent droughts on these
eight mussels are unknown; however,
substantial declines in mussel diversity
and abundance as a direct result of
drought have been documented in
southeastern streams (for example,
Golladay et al. 2004, pp. 494–503; Haag
and Warren 2008, p. 1165). The
Alabama pearlshell is particularly at
risk during drought as its headwater
stream habitats are vulnerable to
dewatering. Shelton (1995, p. 4 unpub.
data) reported one of the most common
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causes of mortality in the species is due
to stranding by extreme low water.
There is a growing concern that
climate change may lead to increased
frequency of severe storms and droughts
(McLaughlin et al. 2002, p. 6074;
Golladay et al. 2004, p. 504; Cook et al.
2004, p. 1015). Specific effects of
climate change to mussels, their habitat,
and their fish hosts could include
changes in stream temperature regimes,
the timing and levels of precipitation
causing more frequent and severe floods
and droughts, and alien species
introductions. Increases in temperature
and reductions in flow may also lower
dissolved oxygen levels in interstitial
habitats which can be lethal to juveniles
(Sparks and Strayer 1998, pp. 131–133).
Effects to mussel populations from these
environmental changes could include
reduced abundance and biomass,
altered species composition, and host
fish considerations (Galbraith et al.
2010, pp. 1180–1182). The present
conservation status, complex life
histories, and specific habitat
requirements of freshwater mussels
suggest that they may be quite sensitive
to climate change (Hastie et al. 2003,
p. 45).
The linear nature of their habitat,
reduced range, and small population
sizes make these eight mussels
vulnerable to contaminant spills. Spills
as a result of transportation accidents
are a constant, potential threat as
numerous highways and railroads cross
the stream channels of the basins. Also,
more than 400 oil wells are located
within Conecuh and Escambia Counties,
Alabama. In Conecuh County, most of
these wells are concentrated in the
Cedar Creek drainage, which supports at
least two populations of the Alabama
pearlshell. These wells are subject to
periodic spills either directly at the well
site or associated with the transport of
the oil. For example, on February 5,
2010, an oil spill occurred in the
headwaters of Feagin Creek. Feagin
Creek is located between two known
pearlshell locations, Little Cedar and
Amos Mill Creeks. The resulting spill
discharged more than 150 gallons of oil
into Feagin Creek. Although there were
no known populations of the pearlshell
in Feagin Creek, this type of spill could
have easily occurred in one of the
adjacent watersheds that supports the
pearlshell. Since 2000, there have been
13 spills reported in Conecuh, 36 in
Escambia, and 33 in Covington
Counties, Alabama.
Reduced Genetic Diversity
Population fragmentation and
isolation prohibits the natural
interchange of genetic material between
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populations. Low numbers of
individuals within the isolated
populations have greater susceptibility
to deleterious genetic effects, including
inbreeding depression and loss of
genetic variation (Lynch 1996, pp. 493–
494). Small, isolated populations,
therefore, are more susceptible to
environmental pressures, including
habitat degradation and stochastic
events, and thus are the most
susceptible to extinction (Primack 2008,
pp. 151–153). It is unknown if any of
the eight mussel species are currently
experiencing a loss of genetic diversity.
However, surviving populations of the
Alabama pearlshell, round ebonyshell,
and southern kidneyshell do have
highly restricted or reduced ranges,
fragmented habitats, and extremely
small population sizes.
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Host Fish Considerations
As mentioned in the General Biology
section above, all of these eight species
require a fish host in order to complete
their life cycle. Therefore, these mussels
would be adversely affected by the loss
or reduction of fish species essential to
their parasitic glochidial stage. The
blacktail shiner (Cyprinella venusta), a
common and abundant fish species, was
found to serve as a glochidial host for
the tapered pigtoe and fuzzy pigtoe
(White et al. 2008, p. 123). The specific
hosts for the Alabama pearlshell, round
ebonyshell, southern sandshell,
southern kidneyshell, Choctaw bean,
and narrow pigtoe have not been
identified, however, other species of the
same genera are known to parasitize
cyprinids (minnows), centrachids
(sunfish), and percids (darters) (Haag
and Warren 1997, pp. 580–581, 583;
Keller and Ruessler 1997, p. 405;
O’Brien and Brim Box 1999, p. 134;
Haag et al. 1999, p. 150; Haag and
Warren 2003, pp. 81–82; Luo 1993,
p. 16).
Nonindigenous Species
The Asian clam (Corbicula fluminea)
has been introduced to the drainages
and may be adversely affecting these
eight mussels through direct
competition for space and resources.
The Asian clam was first detected in
eastern Gulf drainages in the early
1960s, and is presently wide-spread
throughout the Escambia, Yellow, and
Choctawhatchee River drainages (Heard
1975, p. 2). The invasion of the Asian
clam in these and in other eastern Gulf
drainages has been accompanied by
drastic declines in populations of native
mussels (see observations by Heard
1975, p. 2; and Shelton 1995, p. 4
unpub. data). However, it is difficult to
say whether the Asian clam
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competitively excluded the native
mussels, or if it was simply tolerant of
whatever caused the mussels to
disappear. The Asian clam may pose a
direct threat to native mussels,
particularly as juveniles, as a competitor
for resources such as food, nutrients,
and space (Neves and Widlak 1987, p.
6). Dense populations of Asian clams
may ingest large numbers of unionid
sperm, glochidia, and newly
metamorphosed juveniles, and may
actively disturb sediments, reducing
habitable space for juvenile native
mussels, or displacing them
downstream (Strayer 1999, p. 82; Yeager
et al. 2000, pp. 255–256).
The flathead catfish (Pylodictis
olivaris) has been introduced to the
drainages and may be adversely
impacting native fish populations. The
flathead catfish is a large predator native
to the central United States, and since
its introduction outside its native range
has altered the composition of native
fish populations through predation
(Boschung and Mayden 2004, p. 350).
Diet and selectivity studies of
introduced flathead catfish in coastal
North Carolina river systems show it
feeds primarily on other fish species
(Guier et al. 1984, pp. 617–620; Pine et
al. 2005, p. 909). The flathead catfish is
now well-established in the Escambia,
Yellow, and Choctawhatchee River
drainages, and its numbers appear to be
growing (Strickland 2010 pers. comm.).
Biologists working in the Florida
portions of these drainages have
observed a correlation between the
increase in flathead catfish numbers and
a decrease in numbers of other native
fish species, particularly of bullhead
catfish (Ameiurus sp.) and redbreast
sunfish (Lepomis auritus) (Strickland
2010 pers. comm.). Although we do not
know the specific fish hosts for six of
the mussel species, the loss or reduction
of native fishes in general could affect
their ability to recruit.
In summary, a variety of natural or
manmade factors currently threaten
these eight mussels. Stochastic events
such as droughts and floods have
occurred in these three river drainages
in the past, and climate change may
increase the frequency and intensity of
similar events in the future. The
withdrawal of surface and ground
waters during drought can cause further
drastic flow reductions and alterations
that may cause declines in mussel
abundance and distribution.
Contaminant spills have also occurred
in these drainages and currently are a
threat, particularly in the Alabama
portions of the Escambia River drainage
where there are numerous oil wells. It
is not known if these species are
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currently experiencing a loss of genetic
viability; however, their restricted or
reduced ranges, fragmented habitats,
and small population sizes increases the
risks and consequences of inbreeding
depression and loss of genetic variation.
Introduced species, such as the Asian
clam, may adversely impact these
mussels through direct competition for
resources. Another introduced species,
the flathead catfish, may consume host
fishes, thereby affecting mussel
recruitment. Therefore, we have
determined that other natural or
manmade factors, specifically threats
from flooding, drought, and
contaminant spills, are high in
magnitude to the Alabama pearlshell,
round ebonyshell, southern kidneyshell,
southern sandshell, and Choctaw bean;
and are moderate in magnitude to the
tapered pigtoe, narrow pigtoe, and fuzzy
pigtoe. These threats are currently
impacting these species and are
projected to continue or increase in the
future. We have determined that threats
from the Asian clam are moderate in
magnitude to the Alabama pearlshell,
round ebonyshell, southern kidneyshell,
southern sandshell, and Choctaw bean;
and are low in magnitude to the tapered
pigtoe, narrow pigtoe, and fuzzy pigtoe.
We have determined that reduced
genetic diversity, the absence or
reduction of fish hosts, and the presence
of flathead catfish have the potential to
adversely impact the eight mussels,
however, we do not know the
magnitude of these threats at this time.
Proposed Determination
We have carefully assessed the best
scientific and commercial information
available regarding the past, present,
and future threats to the Alabama
pearlshell, round ebonyshell, southern
sandshell, southern kidneyshell,
Choctaw bean, tapered pigtoe, narrow
pigtoe, and fuzzy pigtoe. Section 3(6) of
the Act defines an endangered species
as ‘‘any species which is in danger of
extinction throughout all or a significant
portion of its range,’’ and defines a
threatened species as ‘‘any species
which is likely to become an
endangered species within the
foreseeable future throughout all or a
significant portion of its range.’’ As
described in detail above, these eight
species are currently at risk throughout
all of their respective ranges due to
ongoing threats of habitat destruction
and modification (Factor A), inadequacy
of existing regulatory mechanisms
(Factor D), and other natural or
manmade factors affecting their
continued existence (Factor E).
Specifically, these factors include
sedimentation, municipal and industrial
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effluents, pesticides, excessive
nutrients, impoundment of stream
channels, recurring drought and
flooding, contaminant spills, and the
introduced Asian clam. In addition,
existing regulatory mechanisms are
inadequate to ameliorate some of the
threats affecting these mussels and their
habitats. We believe these threats are
currently impacting these species and
are projected to continue and
potentially worsen in the future. These
eight mussels are also at increased
threat due to the loss of genetic viability
and the reduction or absence of fish
hosts (described under Factor E);
however, these threats are not currently
known to be imminent.
Species with small ranges, few
populations, and small or declining
population sizes, are the most
vulnerable to extinction (Primack 2008,
p. 137). The effects of certain factors,
particularly habitat degradation and
loss, catastrophic events, and
introduced species, increase in
magnitude when population size is
´
small (Soule 1987, pp. 33, 71; Primack
2008, pp. 133–135, 152). We believe the
impact of habitat degradation,
catastrophic events, and introduced
species are more severe (magnitude is
higher) to the Alabama pearlshell, round
ebonyshell, southern sandshell,
southern kidneyshell, and Choctaw
bean, which have few populations
coupled with low numbers of
individuals and/or very limited ranges,
than they are to the tapered pigtoe,
narrow pigtoe, and fuzzy pigtoe which
have declining and fragmented
populations and limited ranges. We
believe that, when combining the effects
of historical, current, and future habitat
loss and degradation, historical and
ongoing drought, and the exacerbating
effects of small and declining
population sizes and curtailed ranges,
the Alabama pearlshell, round
ebonyshell, southern sandshell,
southern kidneyshell, and Choctaw
bean are in danger of extinction
throughout all of their ranges; and the
tapered pigtoe, narrow pigtoe, and fuzzy
pigtoe are threatened to become
endangered within the foreseeable
future throughout all of their ranges. In
addition, any factor (i.e., habitat loss or
natural and manmade factors) that
results in a further decline in habitat or
individuals may be problematic for the
long-term recovery of these species.
Therefore, based on the best available
scientific and commercial information,
we propose to list the Alabama
pearlshell, round ebonyshell, southern
kidneyshell, southern sandshell, and
Choctaw bean as endangered species
throughout all of their ranges; and we
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propose to list the tapered pigtoe,
narrow pigtoe, and fuzzy pigtoe as
threatened species throughout all of
their ranges. Furthermore, we examined
each of the five species proposed for
endangered status and each of the three
species proposed for threatened status
to analyze if any significant portions of
their ranges may warrant a different
status. However, because of their
limited and curtailed ranges, and
uniformity of the threats throughout
their entire respective, we find there are
no significant portions of any of the
species’ ranges that may warrant a
different determination of status.
Available Conservation Measures
Conservation measures provided to
species listed as endangered or
threatened under the Act include
recognition, recovery actions,
requirements for Federal protection, and
prohibitions against certain practices.
Recognition through listing results in
public awareness and conservation by
Federal, State, and local agencies,
private organizations, and individuals.
The Act encourages cooperation with
the States and requires that recovery
actions be carried out for all listed
species. The protection measures
required of Federal agencies and the
prohibitions against certain activities
involving listed wildlife are discussed
in Effects of Critical Habitat Designation
and are further discussed, in part,
below.
Section 7(a) of the Act requires
Federal agencies to evaluate their
actions with respect to any species that
is proposed or listed as endangered or
threatened and with respect to its
critical habitat, if any is designated.
Regulations implementing this
interagency cooperation provision of the
Act are codified at 50 CFR part 402.
Section 7(a)(4) of the Act requires
Federal agencies to confer with the
Service on any action that is likely to
jeopardize the continued existence of a
species proposed for listing or result in
destruction or adverse modification of
proposed critical habitat. If a species is
listed subsequently, section 7(a)(2) of
the Act requires Federal agencies to
ensure that activities they authorize,
fund, or carry out are not likely to
jeopardize the continued existence of
the species or destroy or adversely
modify its critical habitat. If a Federal
action may affect a listed species or its
critical habitat, the responsible Federal
agency must enter into formal
consultation with the Service.
Federal agency actions that may affect
the eight mussel species include, but are
not limited to: the management of and
any other landscape altering activities
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on Federal lands administered by the
Department of Defense and U.S. Forest
Service; issuance of section 404 Clean
Water Act permits by the Army Corps of
Engineers; licensing of hydroelectric
dams, and construction and
management of gas pipeline and power
line rights-of-way approved by the
Federal Energy Regulatory Commission;
construction and maintenance of roads
or highways funded by the Federal
Highway Administration; and land
management practices administered by
the Department of Agriculture. It has
been the experience of the Service from
consultations on other species, however,
that nearly all section 7 consultations
have been resolved so that the species
have been protected and the project
objectives have been met.
The Act and its implementing
regulations set forth a series of general
prohibitions and exceptions that apply
to all endangered wildlife. The
prohibitions, codified at 50 CFR 17.21
for endangered wildlife make it illegal
for any person subject to the jurisdiction
of the United States to take (includes
harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect; or
to attempt any of these), import, export,
ship in interstate commerce in the
course of commercial activity, or sell or
offer for sale in interstate or foreign
commerce any listed species. It is also
illegal to possess, sell, deliver, carry,
transport, or ship any such wildlife that
has been taken illegally. Certain
exceptions apply to agents of the
Service and State conservation agencies.
We may issue permits to carry out
otherwise prohibited activities
involving endangered and threatened
wildlife species under certain
circumstances. Regulations governing
permits are codified at 50 CFR 17.22 for
endangered species, and at 17.32 for
threatened species. With regard to
endangered wildlife, a permit must be
issued for the following purposes: for
scientific purposes, to enhance the
propagation or survival of the species,
and for incidental take in connection
with otherwise lawful activities.
It is our policy, as published in the
Federal Register on July 1, 1994 (59 FR
34272), to identify, to the maximum
extent practicable at the time a species
is listed, those activities that would or
would not constitute a violation of
section 9 of the Act. The intent of this
policy is to increase public awareness of
the effect of a proposed listing on
proposed and ongoing activities within
the range of species proposed for listing.
The following activities could
potentially result in a violation of
section 9 of the Act; this list is not
comprehensive:
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(1) Unauthorized collecting, handling,
possessing, selling, delivering, carrying,
or transporting of the species, including
import or export across State lines and
international boundaries, except for
properly documented antique
specimens of these taxa at least 100
years old, as defined by section 10(h)(1)
of the Act.
(2) Introduction of nonnative species
that compete with or prey upon these
eight mussel species, such as the zebra
mussel (Dreissena polymorpha) and the
black carp (Mylopharyngodon piceus).
(3) The unauthorized release of
biological control agents that attack any
life stage of these species.
(4) Unauthorized modification of the
channel or water flow of any stream or
water body in which these species are
known to occur.
Questions regarding whether specific
activities would constitute a violation of
section 9 of the Act should be directed
to the Panama City Ecological Services
Field Office (see FOR FURTHER
INFORMATION CONTACT). Requests for
copies of the regulations concerning
listed animals and general inquiries
regarding prohibitions and permits may
be addressed to the U.S. Fish and
Wildlife Service, Endangered Species
Permits, 1875 Century Boulevard, Suite
200, Atlanta, GA 30345; telephone: 404–
679 –7140; facsimile: 404–679–7081.
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Critical Habitat for the Alabama
Pearlshell, Round Ebonyshell, Southern
Sandshell, Southern Kidneyshell,
Choctaw Bean, Tapered Pigtoe, Narrow
Pigtoe, and Fuzzy Pigtoe
Background
It is our intent to discuss below only
those topics directly relevant to the
designation of critical habitat for the
Alabama pearlshell, round ebonyshell,
southern sandshell, southern
kidneyshell, Choctaw bean, tapered
pigtoe, narrow pigtoe, and fuzzy pigtoe
in this section of the proposed rule.
Critical habitat is defined in section 3
of the Act as:
(1) The specific areas within the
geographical area occupied by the
species, at the time it is listed in
accordance with the Act, on which are
found those physical or biological
features
(a) Essential to the conservation of the
species and
(b) Which may require special
management considerations or
protection; and
(2) Specific areas outside the
geographical area occupied by the
species at the time it is listed, upon a
determination that such areas are
essential for the conservation of the
species.
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Conservation, as defined under
section 3 of the Act, means to use and
the use of all methods and procedures
that are necessary to bring an
endangered or threatened species to the
point at which the measures provided
pursuant to the Act are no longer
necessary. Such methods and
procedures include, but are not limited
to, all activities associated with
scientific resources management such as
research, census, law enforcement,
habitat acquisition and maintenance,
propagation, live trapping, and
transplantation, and, in the
extraordinary case where population
pressures within a given ecosystem
cannot be otherwise relieved, may
include regulated taking.
Critical habitat receives protection
under section 7 of the Act through the
requirement that Federal agencies
ensure, in consultation with the Service,
that any action they authorize, fund, or
carry out is not likely to result in the
destruction or adverse modification of
critical habitat. The designation of
critical habitat does not affect land
ownership or establish a refuge,
wilderness, reserve, preserve, or other
conservation area. Such designation
does not allow the government or public
to access private lands. Such
designation does not require
implementation of restoration, recovery,
or enhancement measures by nonFederal landowners. Where a landowner
seeks or requests Federal agency
funding or authorization for an action
that may affect a listed species or
critical habitat, the consultation
requirements of section 7(a)(2) would
apply, but even in the event of a
destruction or adverse modification
finding, the obligation of the Federal
action agency and the landowner is not
to restore or recover the species, but to
implement reasonable and prudent
alternatives to avoid destruction or
adverse modification of critical habitat.
For inclusion in a critical habitat
designation, the habitat within the
geographical area occupied by the
species at the time it was listed must
contain physical or biological features
which are essential to the conservation
of the species and which may require
special management considerations or
protection. Critical habitat designations
identify, to the extent known using the
best scientific and commercial data
available, those physical or biological
features that are essential to the
conservation of the species (such as
space, food, cover, and protected
habitat), focusing on the principal
biological or physical constituent
elements (primary constituent elements)
within an area that are essential to the
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conservation of the species (such as
roost sites, nesting grounds, seasonal
wetlands, water quality, tide, soil type).
Primary constituent elements are the
elements of physical or biological
features that, when laid out in the
appropriate quantity and spatial
arrangement to provide for a species’
life-history processes, are essential to
the conservation of the species.
Under the Act, we can designate
critical habitat in areas outside the
geographical area occupied by the
species at the time it is listed, upon a
determination that such areas are
essential for the conservation of the
species. We designate critical habitat in
areas outside the geographical area
occupied by a species only when a
designation limited to its range would
be inadequate to ensure the
conservation of the species. When the
best available scientific data do not
demonstrate that the conservation needs
of the species require such additional
areas, we will not designate critical
habitat in areas outside the geographical
area occupied by the species. An area
currently occupied by the species but
that was not occupied at the time of
listing may, however, be essential to the
conservation of the species and may be
included in the critical habitat
designation.
Section 4 of the Act requires that we
designate critical habitat on the basis of
the best scientific and commercial data
available. Further, our Policy on
Information Standards Under the
Endangered Species Act (published in
the Federal Register on July 1, 1994
(59 FR 34271)), the Information Quality
Act (section 515 of the Treasury and
General Government Appropriations
Act for Fiscal Year 2001 (Pub. L. 106–
554; H.R. 5658)), and our associated
Information Quality Guidelines, provide
criteria, establish procedures, and
provide guidance to ensure that our
decisions are based on the best scientific
data available. They require our
biologists, to the extent consistent with
the Act and with the use of the best
scientific data available, to use primary
and original sources of information as
the basis for recommendations to
designate critical habitat.
When we are determining which areas
should be designated as critical habitat,
our primary source of information is
generally the information developed
during the listing process for the
species. Additional information sources
may include articles in peer-reviewed
journals, conservation plans developed
by States and counties, scientific status
surveys and studies, biological
assessments, or other unpublished
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materials and expert opinion or
personal knowledge.
Habitat is dynamic, and species may
move from one area to another over
time. Climate change will be a particular
challenge for biodiversity because the
interaction of additional stressors
associated with climate change and
current stressors may push species
beyond their ability to survive (Lovejoy
2005, pp. 325–326). The synergistic
implications of climate change and
habitat fragmentation are the most
threatening facet of climate change for
biodiversity (Hannah and Lovejoy 2005,
p. 4). Current climate change
predictions for terrestrial areas in the
Northern Hemisphere indicate warmer
air temperatures, more intense
precipitation events, and increased
summer continental drying (Field et al.
1999, pp. 1–3; Hayhoe et al. 2004, p.
12422; Cayan et al. 2006, p. 10;
Intergovernmental Panel on Climate
Change (IPCC) 2007, p. 1181). Climate
change may lead to increased frequency
and duration of severe storms and
droughts (Golladay et al. 2004, p. 504;
McLaughlin et al. 2002, p. 6074; Cook
et al. 2004, p. 1015).
We recognize that critical habitat
designated at a particular point in time
may not include all of the habitat areas
that we may later determine are
necessary for the recovery of the
species. For these reasons, a critical
habitat designation does not signal that
habitat outside the designated area is
unimportant or may not be needed for
recovery of the species. Areas that are
important to the conservation of the
species, both inside and outside the
critical habitat designation, will
continue to be subject to: (1)
Conservation actions implemented
under section 7(a)(1) of the Act, (2)
regulatory protections afforded by the
requirement in section 7(a)(2) of the Act
for Federal agencies to insure their
actions are not likely to jeopardize the
continued existence of any endangered
or threatened species, and (3) the
prohibitions of section 9 of the Act if
actions occurring in these areas may
affect the species. Federally funded or
permitted projects affecting listed
species outside their designated critical
habitat areas may still result in jeopardy
findings in some cases. These
protections and conservation tools will
continue to contribute to recovery of
this species. Similarly, critical habitat
designations made on the basis of the
best available information at the time of
designation will not control the
direction and substance of future
recovery plans, habitat conservation
plans (HCPs), or other species
conservation planning efforts if new
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information available at the time of
these planning efforts calls for a
different outcome.
Prudency Determination
Section 4(a)(3) of the Act, as
amended, and implementing regulations
(50 CFR 424.12), require that, to the
maximum extent prudent and
determinable, the Secretary designate
critical habitat at the time the species is
determined to be endangered or
threatened. Our regulations (50 CFR
424.12(a)(1)) state that the designation
of critical habitat is not prudent when
one or both of the following situations
exist: (1) The species is threatened by
taking or other human activity, and
identification of critical habitat can be
expected to increase the degree of threat
to the species, or (2) such designation of
critical habitat would not be beneficial
to the species.
There is currently no imminent threat
of take attributed to collection or
vandalism under Factor B for any of
these species, and identification and
mapping of critical habitat is not
expected to initiate any such threat. In
the absence of finding that the
designation of critical habitat would
increase threats to a species, if there are
any benefits to a critical habitat
designation, then a prudent finding is
warranted. Here, the potential benefits
of designation include: (1) Triggering
consultation under section 7 of the Act,
in new areas for actions in which there
may be a Federal nexus where it would
not otherwise occur because, for
example, it is or has become
unoccupied or the occupancy is in
question; (2) focusing conservation
activities on the most essential features
and areas; (3) providing educational
benefits to State or county governments
or private entities; and (4) preventing
people from causing inadvertent harm
to the species. Therefore, because we
have determined that the designation of
critical habitat will not likely increase
the degree of threat to the species and
may provide some measure of benefit,
we find that designation of critical
habitat is prudent for the Alabama
pearlshell, round ebonyshell, southern
sandshell, southern kidneyshell,
Choctaw bean, tapered pigtoe, narrow
pigtoe, and fuzzy pigtoe.
Critical Habitat Determinability
Having determined that designation is
prudent, under section 4(a)(3) of the Act
we must find whether critical habitat for
the eight species is determinable. Our
regulations at 50 CFR 424.12(a)(2) state
that critical habitat is not determinable
when one or both of the following
situations exist:
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(i) Information sufficient to perform
required analyses of the impacts of the
designation is lacking, or
(ii) The biological needs of the species
are not sufficiently well known to
permit identification of an area as
critical habitat. When critical habitat is
not determinable, the Act allows the
Service an additional year to publish a
critical habitat designation (16 U.S.C.
1533(b)(6)(C)(ii)).
We reviewed the available
information pertaining to the biological
needs of the species and habitat
characteristics where these species are
located. This and other information
represent the best scientific data
available and led us to conclude that the
designation of critical habitat is
determinable for these eight species.
Physical and Biological Features
In accordance with section 3(5)(A)(i)
and 4(b)(1)(A) of the Act and the
regulations at 50 CFR 424.12, in
determining which areas within the
geographical area occupied at the time
of listing to propose as critical habitat,
we consider the physical and biological
features (PBFs) essential to the
conservation of the species which may
require special management
considerations or protection. These
include, but are not limited to:
(1) Space for individual and
population growth and for normal
behavior;
(2) Food, water, air, light, minerals, or
other nutritional or physiological
requirements;
(3) Cover or shelter;
(4) Sites for breeding, reproduction, or
rearing (or development) of offspring;
and
(5) Habitats that are protected from
disturbance or are representative of the
historic, geographical, and ecological
distributions of a species.
We derive the specific PBFs required
for the Alabama pearlshell, round
ebonyshell, southern sandshell,
southern kidneyshell, Choctaw bean,
tapered pigtoe, narrow pigtoe, and fuzzy
pigtoe based on their biological needs.
Unfortunately, little is known of the
specific habitat requirements of any of
these eight mussel species other than all
require flowing water, stable stream or
river channels, adequate water quality,
and fish hosts for larval mussel
development to juvenile mussels. To
identify the physical and biological
needs of the species, we have relied on
current conditions at locations where
each of the species survive, the limited
information available on these eight
mussels and their close relatives, and
factors associated with the decline and
extirpation of these and other freshwater
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mussels from portions of the Escambia,
Yellow, and Choctawhatchee River
basins.
Space for Individual and Population
Growth and for Normal Behavior
The Alabama pearlshell, round
ebonyshell, southern kidneyshell,
southern sandshell, Choctaw bean,
tapered pigtoe, narrow pigtoe, and fuzzy
pigtoe are all historically associated
with the Escambia, Yellow, and
Choctawhatchee River drainages in
Alabama and Florida. The Alabama
pearlshell is also known from three
locations in the Mobile River Basin;
however, only one of those is
considered to be currently occupied.
The eight mussels are found embedded
in stable substrates composed mainly of
fine to coarse sand, with occasional
patches of clay or gravel (Williams et al.
2008, pp. 32–34), and within areas of
sufficient current velocities to remove
finer sediments. These habitats are
formed and maintained by water
quantity, channel slope, and normal
sediment input to the system. Changes
in one or more of these parameters can
result in channel degradation or channel
aggradation, with serious effects to
mussels. The decline of the mussel
fauna of these eastern Gulf Coastal Plain
drainages is not well understood, but is
primarily associated with the loss of
habitats and channel instability due to
excessive sedimentation (Williams and
Butler 1994, p. 55). Sedimentation has
been determined to be a major factor in
habitat destruction, resulting in
corresponding shift in mussel fauna
(Brim Box and Mossa 1999, p. 102).
Stable stream bottom substrates not only
provide space for populations of these
eight mussel species, but also provide
cover and shelter and sites for breeding,
reproduction, and growth of offspring.
Stream channel stability is essential to
the conservation of the Alabama
pearlshell, round ebonyshell, southern
sandshell, southern kidneyshell,
Choctaw bean, tapered pigtoe, narrow
pigtoe, and fuzzy pigtoe.
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Food
Freshwater mussels, such as these
eight species, filter algae, detritus, and
bacteria from the water column
(Williams et al. 2008, p. 67). 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). Food availability and quality are
affected by habitat stability, floodplain
connectivity, flow, and water quality.
Adequate food availability and quality
is essential for normal behavior, growth,
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and viability during all life stages of
these species.
Water
The Alabama pearlshell, round
ebonyshell, southern kidneyshell,
southern sandshell, Choctaw bean,
tapered pigtoe, narrow pigtoe, and fuzzy
pigtoe are riverine species that depend
upon adequate water flow.
Continuously flowing water is a habitat
feature associated with all of the eight
species. Flowing water maintains the
stream bottom habitats where these
species are found, transports food items
to the sedentary juvenile and adult life
stages, removes wastes, and provides
oxygen for respiration. Populations of
the narrow pigtoe were recently
discovered in Gantt and Point A Lakes
(Williams et al. 2008, p. 317), manmade
reservoirs on the Conecuh River
mainstem in Alabama. We attribute the
occurrence of the species in these
impoundments to the relatively small
size of the reservoirs, and to the
operational regime of the dams. As
mentioned in the Dams and
Impoundments section (see Factor A,
above), both impoundments have
limited storage capacity and are
operated as modified run-of-river
projects with daily peaking. Therefore,
most of the time, the outflow matches
the inflow. Also, some areas in the
reservoirs are narrow and riverine, for
instance the area around Dunns Bridge
on Gantt Lake. Here, narrow pigtoe were
found in relatively high numbers in
firm, stable sand substrates with little or
no silt accumulation (Williams 2009
pers. comm.; Pursifull 2006 pers. obs.).
Although the natural state of the river’s
hydrological flow regime is modified, it
does retain the features necessary to
maintain the benthic habitats where the
species are found. Therefore, we believe
that flowing water is essential to the
conservation of all eight species.
The ranges of standard physical and
chemical water quality parameters (such
as temperature, dissolved oxygen, pH,
and conductivity) that define suitable
habitat conditions for the eight species
have not been investigated. However, as
relatively sedentary animals, mussels
must tolerate the full range of such
parameters that occur naturally within
the streams where they persist. Both the
amount (flow) and the physical and
chemical conditions (water quality)
where each of the eight species
currently exist vary widely according to
season, precipitation events, and
seasonal human activities within the
watershed. Conditions across their
historical ranges vary even more due to
watershed size, geology, geography, and
differences in human population
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densities and land uses. In general, each
of the species survives in areas where
the magnitude, frequency, duration, and
seasonality of water flow are adequate to
maintain stable habitats (for example,
sufficient flow to remove fine particles
and sediments without causing
degradation), and where water quality is
adequate for year-round survival (for
example, moderate to high levels of
dissolved oxygen, low to moderate
input of nutrients, and relatively
unpolluted water and sediments).
Therefore, adequate water flow and
water quality (as defined below) are
essential to the conservation of the
Alabama pearlshell, round ebonyshell,
southern sandshell, southern
kidneyshell, Choctaw bean, tapered
pigtoe, narrow pigtoe, and fuzzy pigtoe.
We currently believe that most
numeric standards for pollutants and
water quality parameters (for example,
dissolved oxygen, pH, heavy metals)
that have been adopted by the States
under the Clean Water Act represent
levels that are essential to the
conservation of each of these eight
mussels. However, some States’
standards may not adequately protect
mollusks, or are not being appropriately
measured, monitored, or achieved in
some reaches (see Factors A and D
above). The Service is currently in
consultation with the EPA to evaluate
the protectiveness of criteria approved
in EPA’s water quality standards for
threatened and endangered species and
their critical habitats as described in the
Memorandum of Agreement that our
agencies signed in 2001 (66 FR 11201,
February 22, 2011). Other factors that
can potentially alter water quality are
droughts and periods of low flow, nonpoint-source runoff from adjacent land
surfaces (for example, excessive
amounts of sediments, nutrients, and
pesticides), point-source discharges
from municipal and industrial
wastewater treatment facilities (for
example, excessive amounts of
ammonia, chlorine, and metals), and
random spills or unregulated discharge
events. This could be particularly
harmful during drought conditions
when flows are depressed and
pollutants are more concentrated.
Therefore, adequate water quality is
essential for normal behavior, growth,
and viability during all life stages of the
Alabama pearlshell, round ebonyshell,
southern sandshell, southern
kidneyshell, Choctaw bean, tapered
pigtoe, narrow pigtoe, and fuzzy pigtoe.
Sites for Breeding, Reproduction, or
Rearing
Freshwater mussels require a host fish
for transformation of larval mussels
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(glochidia) to juvenile mussels
(Williams et al. 2008, p. 68). Thus, the
presence of the appropriate host fishes
to complete the reproductive life cycle
is essential to the conservation of these
eight mussels. The blacktail shiner was
found to serve as a host for the fuzzy
pigtoe and tapered pigtoe in a
preliminary study trial (White et al.
2008, p. 123). This minnow species
occurs in a variety of habitats in
drainages throughout the coastal plain
(Mettee et al. 1996, pp. 174–175). The
specific host fish(es) for the Alabama
pearlshell, round ebonyshell, southern
kidneyshell, narrow pigtoe, southern
sandshell, and Choctaw bean is
currently unknown; however, other
species of the same genera are known to
parasitize cyprinids (minnows),
centrachids (sunfish), and percids
(darters) (Haag and Warren 2003, pp.
81–82; Haag and Warren 1997, pp. 580–
581, 583; Keller and Ruessler 1997, p.
405; O’Brien and Brim Box 1999, p. 134;
Haag et al. 1999, p. 150).
Juvenile mussels require stable
bottom habitats for growth and survival.
Excessive sediments or dense growth of
filamentous algae can expose juvenile
mussels to entrainment or predation and
be detrimental to the survival of
juvenile mussels (Hartfield and
Hartfield 1996, p. 373). Geomorphic
instability can result in the loss of
habitats and juvenile mussels due to
scouring or deposition (Hartfield 1993,
p. 138). Therefore, stable bottom
substrate with low to moderate amounts
of filamentous algae growth is essential
to the conservation of Alabama
pearlshell, round ebonyshell, southern
sandshell, southern kidneyshell,
Choctaw bean, tapered pigtoe, narrow
pigtoe, and fuzzy pigtoe.
Primary Constituent Elements for the
Eight Mussel Species
Under the Act and its implementing
regulations, we are required to identify
the PBFs essential to the conservation of
these eight mussel species in areas
occupied at the time of listing, focusing
on the features’ primary constituent
elements (PCEs). We consider PCEs to
be the elements of PBFs that, when laid
out in the appropriate quantity and
spatial arrangement to provide for a
species’ life-history processes, are
essential to the conservation of the
species.
Based on the above needs and our
current knowledge of the life history,
biology, and ecology of the species and
the habitat requirements for sustaining
the essential life-history functions of the
species, we have determined that the
PCEs for the Alabama pearlshell, round
ebonyshell, southern sandshell,
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southern kidneyshell, Choctaw bean,
tapered pigtoe, narrow pigtoe, and fuzzy
pigtoe are:
(1) Geomorphically stable stream and
river channels and banks (channels that
maintain lateral dimensions,
longitudinal profiles, and sinuosity
patterns over time without an aggrading
or degrading bed elevation).
(2) Stable substrates of sand or
mixtures of sand with clay or gravel
with low to moderate amounts of fine
sediment and attached filamentous
algae.
(3) A hydrologic flow regime (the
magnitude, frequency, duration, and
seasonality of discharge over time)
necessary to maintain benthic habitats
where the species are found, and to
maintain connectivity of rivers with the
floodplain, allowing the exchange of
nutrients and sediment for habitat
maintenance, food availability, and
spawning habitat for native fishes.
(4) Water quality, including
temperature (not greater than 32 °C), pH
(between 6.0 to 8.5), oxygen content (not
less than 5.0 mg/L), hardness, turbidity,
and other chemical characteristics
necessary for normal behavior, growth,
and viability of all life stages.
(5) The presence of fish hosts. Diverse
assemblages of native fish species will
serve as a potential indication of host
fish presence until appropriate host
fishes can be identified. For the fuzzy
pigtoe and tapered pigtoe, the presence
of blacktail shiner (Cyprinella venusta)
will serve as a potential indication of
fish host presence.
Special Management Considerations or
Protection
When designating critical habitat, we
assess whether the specific areas within
the geographical area occupied by the
species at the time of listing contain
features that are essential to the
conservation of the species and that may
require special management
considerations or protections. None of
the portions of the critical habitat units
proposed for these eight species below
have been designated as critical habitat
for other mussel species that are already
listed under the Act. None of the areas
proposed are presently under special
management or protection provided by
a legally operative management plan or
agreement for the conservation of either
the Alabama pearlshell, round
ebonyshell, southern sandshell,
southern kidneyshell, Choctaw bean,
tapered pigtoe, narrow pigtoe, or fuzzy
pigtoe. Various activities in or adjacent
to each of the critical habitat units
described in this proposed rule may
affect one or more of the PCEs. Some of
these activities include, but are not
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61501
limited to, those discussed in the
‘‘Summary of Factors Affecting the
Species,’’ above (see Factors A and D).
Other activities that may affect PCEs in
the proposed critical habitat units
include those listed in the ‘‘Available
Conservation Measures’’ section above.
Many of the threats to the eight
mussels and their habitat are pervasive
and common in all of the nine units.
These include the potential of
significant changes in stream bed
material composition and quality by
activities such as construction projects,
livestock grazing, timber harvesting, and
other watershed and floodplain
disturbances that release sediments or
nutrients into the water; the potential of
significant alteration of water chemistry
or water quality; the potential of
anthropogenic activities such as
channelization, impoundment, and
channel excavation that could cause
aggradation or degradation of the
channel bed elevation or significant
bank erosion; and the potential of
significant changes in the existing flow
regime due to such activities as
impoundment, water diversion, or water
withdrawal. Because the areas proposed
for critical habitat below are facing these
threats, they require special
management consideration and
protection.
Criteria Used To Identify Critical
Habitat
As required by section 4(b) of the Act,
we used the best scientific and
commercial data available in
determining areas within the
geographical area occupied at the time
of listing that contain the features
essential to the conservation of the
species, and areas outside of the
geographical area occupied at the time
of listing that are essential for the
conservation of the species. We are
proposing to designate as critical habitat
all stream channels that we have
determined are essential to the
conservation of the eight species. These
include streams that are currently
occupied by one or more of the species,
as well as some specific areas not
currently occupied, but that were
historically occupied, because we have
determined that the additional areas are
essential for the conservation of those
species and that designating only
occupied habitat is not sufficient to
conserve them.
We began our analysis by considering
historical and current ranges of each of
the eight species. We used various
sources including published literature
and museum collection databases, as
well as surveys, reports, and field notes
prepared by biologists (see Background
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section). We then identified the specific
areas that are occupied by each of the
eight mussels and that contain one or
more of the PCEs. We defined occupied
habitat as those stream reaches known
to be currently occupied by any of the
eight species. To identify the currently
occupied stream reaches, we used post1994 survey data. Several surveys were
conducted in the basins between the
years of 1995 to 2010 (Shelton 1995,
1999 unpub. data; Blalock–Herod et al.
2005; Pilarczyk et al. 2006, Shelton et
al. 2007 unpub. data; Gangloff and
Hartfield 2009). These surveys were
used to assess the current conservation
status of the species, and extended their
known ranges. For this reason, we
considered the year 1995 to be the
demarcation between current and
historical records. To identify the
unoccupied stream reaches, we used
survey data between the late 1800s and
1994. Therefore, if a species was known
to occur in an area prior to 1995, but
was not collected since then, the stream
reach is considered unoccupied.
We then evaluated occupied stream
reaches to delineate the probable
upstream and downstream extent of
each species’ distribution. Known
occurrences for some mussel species are
extremely localized, and rare mussels
can be difficult to locate. In addition,
creek and river habitats are highly
dependent upon upstream and
downstream channel habitat conditions
for their maintenance. Therefore, where
more than one occurrence record of a
particular species was found within a
stream reach, we considered the entire
reach between the uppermost and
lowermost locations as occupied
habitat.
We then considered whether this
essential area was adequate for the
conservation of each of the eight
species. Small, isolated, aquatic
populations are subject to chance
catastrophic events and to changes in
human activities and land use practices
that may result in their elimination.
Larger, more contiguous populations
can reduce the threat of extinction due
to habitat fragmentation and isolation.
For these reasons, we believe that
conservation of the Alabama pearlshell
and southern kidneyshell requires
expanding their ranges into currently
unoccupied portions of their historical
habitat. Given that threats to these two
species are compounded by their
limited distribution and isolation, it is
unlikely that currently occupied habitat
is adequate for their conservation. The
range of each has been severely
curtailed, their occupied habitats are
limited and isolated, and population
sizes are small. For example, the
Alabama pearlshell is no longer
believed to occur in the Limestone
Creek system (Monroe County), several
tributaries in the Murder Creek system,
or in the Patsaliga Creek drainage. The
southern kidneyshell once occurred in
all three river basins, but is currently
known only from the Choctawhatchee
basin. While occupied units provide
habitat for current populations, these
species are at high risk of extirpation
and extinction from stochastic events,
whether periodic natural events or
potential human-induced events (see
‘‘Summary of Factors Affecting the
Species’’). The inclusion of essential
unoccupied areas will provide habitat
for population reintroduction and will
decrease the risk of extinction. Based on
the best scientific data available, we
believe areas not currently occupied by
the Alabama pearlshell and southern
kidneyshell are essential for their
conservation. However, we eliminated
from consideration the Yellow River
drainage as critical habitat for the
southern kidneyshell. Its occurrence in
the Yellow River is based on a 1919
collection of one specimen from Hollis
Creek in Covington County, Alabama.
We believe this single, historical
collection is not sufficient to include
any portions of the Yellow River
drainage as essential to the conservation
of the southern kidneyshell at this time.
All of the stream habitat areas proposed
as critical habitat that are currently not
known to be occupied contain sufficient
PBFs (e.g., geomorphically stable
channels, perennial water flows,
adequate water quality, and appropriate
benthic substrates) to support lifehistory functions of the mussels. The
stream reaches also lack major
anthropogenic disturbance, and have
potential for reoccupation by the species
through future reintroduction efforts.
Based on the above factors, all
unoccupied stream reaches included in
the proposed designations for the
Alabama pearlshell and southern
kidneyshell are essential to their
conservation.
TABLE 1—OCCUPANCY AND STREAM LENGTH OF PROPOSED CRITICAL HABITAT UNITS BY SPECIES
Currently
occupied?
Unit
Total stream
length kilometers
(miles)
Alabama pearlshell (Margaritifera marrianae)
AP1: Big Flat Creek ............................................................................................................................................
AP2: Burnt Corn Creek, Murder Creek, and Sepulga River ...............................................................................
Yes ...............
Partially 1 ......
92 (57)
156 (97)
Total .............................................................................................................................................................
......................
248 (154)
Yes ...............
558 (347)
Yes
Yes
Yes
Yes
Yes
...............
...............
...............
...............
...............
149 (92)
137 (85)
253 (157)
892 (554)
234 (145)
......................
1,665 (1,033)
No ................
558 (347)
Round ebonyshell (Fusconaia rotulata)
GCM1: Lower Escambia-Conecuh ......................................................................................................................
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Southern sandshell (Hamiota australis)
GCM3:
GCM4:
GCM5:
GCM6:
GCM7:
Patsaliga Creek ......................................................................................................................................
Upper Escambia-Conecuh River ............................................................................................................
Yellow River ............................................................................................................................................
Choctawhatchee River and Lower Pea River ........................................................................................
Upper Pea River .....................................................................................................................................
Total .............................................................................................................................................................
Southern kidneyshell (Ptychobranchus jonesi)
GCM1: Lower Escambia-Conecuh ......................................................................................................................
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61503
TABLE 1—OCCUPANCY AND STREAM LENGTH OF PROPOSED CRITICAL HABITAT UNITS BY SPECIES—Continued
Currently
occupied?
Unit
GCM3:
GCM4:
GCM5:
GCM7:
Total stream
length kilometers
(miles)
Patsaliga Creek ......................................................................................................................................
Upper Escambia-Conecuh River ............................................................................................................
Choctawhatchee River and Lower Pea River ........................................................................................
Upper Pea River .....................................................................................................................................
No ................
No ................
Yes ...............
Yes ...............
149 (92)
137 (85)
253 (157)
234 (145)
Total .............................................................................................................................................................
......................
1,331 (826)
Choctaw bean (Villosa choctawensis)
GCM1:
GCM3:
GCM4:
GCM5:
GCM6:
GCM7:
Lower Escambia-Conecuh ......................................................................................................................
Patsaliga Creek ......................................................................................................................................
Upper Escambia-Conecuh River ............................................................................................................
Yellow River ............................................................................................................................................
Choctawhatchee River and Lower Pea River ........................................................................................
Upper Pea River .....................................................................................................................................
...............
...............
...............
...............
...............
...............
558 (347)
149 (92)
137 (85)
253 (157)
892 (554)
234 (145)
......................
2,223 (1,380)
GCM6: Choctawhatchee River and Lower Pea River ........................................................................................
GCM7: Upper Pea River .....................................................................................................................................
Yes ...............
Yes ...............
892 (554)
234 (145)
Total .............................................................................................................................................................
......................
1,126 (699)
Total .............................................................................................................................................................
Yes
Yes
Yes
Yes
Yes
Yes
Tapered pigtoe (Fusconaia burkei)
Narrow pigtoe (Fusconaia escambia)
GCM1:
GCM2:
GCM3:
GCM4:
GCM5:
Lower Escambia-Conecuh ......................................................................................................................
Point A Lake and Gantt Lake Reservoirs ...............................................................................................
Patsaliga Creek ......................................................................................................................................
Upper Escambia-Conecuh River ............................................................................................................
Yellow River ............................................................................................................................................
Total .............................................................................................................................................................
Yes
Yes
Yes
Yes
Yes
...............
...............
...............
...............
...............
558 (347)
21 (13)
149 (92)
137 (85)
253 (157)
......................
1,118 (694)
Fuzzy pigtoe (Pleurobema strodeanum)
GCM2:
GCM3:
GCM4:
GCM5:
GCM6:
GCM7:
Lower Escambia-Conecuh ......................................................................................................................
Patsaliga Creek ......................................................................................................................................
Upper Escambia-Conecuh River ............................................................................................................
Yellow River ............................................................................................................................................
Choctawhatchee River and Lower Pea River ........................................................................................
Upper Pea River .....................................................................................................................................
Total .............................................................................................................................................................
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1 17
Yes
Yes
Yes
Yes
Yes
Yes
...............
...............
...............
...............
...............
...............
21 (13)
149 (92)
137 (85)
253 (157)
892 (554)
234 (145)
......................
1,686 (1,046)
km (11 mi) of Murder Creek mainstem are unoccupied.
Following the identification of
occupied and unoccupied stream
reaches, the next step was to delineate
the probable upstream and downstream
extent of each species’ distribution. We
used USGS 1:100,000 digital stream
maps to delineate these boundaries of
proposed critical habitat units according
to the criteria explained below. The
upstream boundary of a unit in a stream
is the first perennial, named tributary
confluence, a road-crossing bridge, or a
permanent barrier to fish passage (such
as a dam) above the upstream-most
current occurrence record. Many of the
Alabama pearlshell survey sites are
located near watershed headwaters. In
these areas, the upstream boundary of a
unit is the point where the stream and
its tributaries are no longer perennially
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flowing streams. The confluence of a
tributary typically marks a significant
change in the size of the stream and is
a logical and recognizable upstream
terminus. When a named tributary was
not available, a road-crossing bridge was
used to mark the boundary. Likewise, a
dam or other barrier to fish passage
marks the upstream extent to which
mussels may disperse via their fish
hosts. The downstream boundary of a
unit in a stream is the confluence of a
named tributary, the upstream extent of
tidal influence, or the upstream extent
of an impoundment, below the
downstream-most occurrence record. In
the unit descriptions, distances between
landmarks marking the upstream or
downstream extent of a stream segment
are given in kilometers (km) and
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equivalent miles (mi), as measured
tracing the course of the stream, not
straight-line distance. Distances less
than 10 km (6.2 mi) are rounded to the
nearest half number; and distances of 10
km and greater are rounded to the
nearest whole number.
Because mussels are naturally
restricted by certain physical conditions
within a stream or river reach (i.e., flow,
substrate), they may be unevenly
distributed within these habitat units.
Uncertainty on upstream and
downstream distributional limits of
some populations may have resulted in
small areas of occupied habitat
excluded from, or areas of unoccupied
habitat included in, the designation. We
recognize that both historical and recent
collection records upon which we relied
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are incomplete, and that there may be
river segments or small tributaries not
included in this proposed designation
that harbor small, limited populations of
one or more of the eight species
considered in this designation, or that
others may become suitable in the
future. The exclusion of such areas does
not diminish their potential individual
or cumulative importance to the
conservation of these species. However,
we believe that, with proper
management, each of the nine critical
habitat units are capable of supporting
one or more of these mussel species,
and will serve as source populations for
artificial reintroduction into designated
stream units, as well as assisted or
natural migration into adjacent
undesignated streams within each basin.
The habitat areas contained within the
units described below constitute our
best evaluation of areas needed for the
conservation of these species at this
time. Critical habitat may be revised for
any or all of these species should new
information become available.
Using the above criteria, we
delineated a total of nine critical habitat
units—two Alabama pearlshell units
(AP1, AP2), and seven Gulf Coast
mussels units (GCM1 through GCM7)
for the other seven mussel species. We
depicted the Alabama pearlshell units
separately as this species tends to
inhabit headwater stream environments
and seldom co-occurs with the other
seven species, although some critical
habitat in the downstream portions of
Unit AP2 overlaps with the upstream
portions of Unit GCM1 in the Escambia
River drainage. The round ebonyshell,
southern sandshell, southern
kidneyshell, Choctaw bean, tapered
pigtoe, narrow pigtoe, and fuzzy pigtoe
often co-occur within the same stream
segments, so most of the GCM critical
habitat units are designated for more
than one species. Unit GCM2: Point A
Lake and Gantt Lake Reservoirs is the
only exception, and the unit is
designated only for the narrow pigtoe.
When determining proposed critical
habitat boundaries within this proposed
rule, we made every effort to avoid
including developed areas and other
structures because these lack PCEs for
the eight species. The areas proposed for
critical habitat below include only
stream channels within the ordinary
high-water line and do not contain
developed areas or structures. The scale
of the maps we prepared under the
parameters for publication within the
Code of Federal Regulations may not
reflect the exclusion of such developed
lands. Any such lands inadvertently left
inside critical habitat boundaries shown
on the maps of this proposed rule have
been excluded by text in the proposed
rule and are not proposed for
designation as critical habitat.
Therefore, if the critical habitat is
finalized as proposed, a Federal action
involving these lands would not trigger
section 7 consultation with respect to
critical habitat and the requirement of
no adverse modification unless the
specific action would affect the physical
and biological features in the adjacent
critical habitat.
Proposed Critical Habitat Designation
We are proposing nine habitat units
encompassing 2,406 km (1,495 mi) of
stream channel in Alabama and Florida
for these eight freshwater mussel
species. Unit name, location, and the
approximate stream length of each
proposed critical habitat unit are shown
in Table 2. The proposed critical habitat
units include the creek and river
channels within the ordinary high-water
line only. For this purpose, we have
applied the definition found at 33 CFR
329.11, and consider the ordinary highwater line on nontidal rivers to be the
line on the shore established by the
fluctuations of water and indicated by
physical characteristics, such as a clear,
natural line impressed on the bank;
shelving; changes in the character of
soil; destruction of terrestrial vegetation;
the presence of litter and debris; or
other appropriate means that consider
the characteristics of the surrounding
areas.
States were granted ownership of
lands beneath navigable waters up to
the ordinary high-water line upon
achieving statehood (Pollard v. Hagan,
44 U.S. (3 How.) 212 (1845)). Prior
sovereigns or the States may have made
grants to private parties that included
lands below the ordinary high-water
mark of some navigable waters that are
included in this proposal. We believe
that most, if not all, lands beneath the
navigable waters included in this
proposed rule are owned by the States
of Alabama and Florida. The lands
beneath most nonnavigable waters
included in this proposed rule are in
private ownership. Riparian lands along
the waters are either in private
ownership, or are owned by county,
State, or Federal entities. Lands under
county, State, and Federal ownership
consist of managed conservation areas
and Department of Defense lands, and
are considered to have some level of
protection. Table 2 identifies the
approximate length of private and
protected riparian lands.
TABLE 2—PROPOSED CRITICAL HABITAT UNITS, LOCATION, APPROXIMATE STREAM LENGTH, AND OWNERSHIP OF
RIPARIAN LANDS
Total length
km
(mi)
Private km
(mi)*
Private/
protected km
(mi)*
Protected km
(mi)*
emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
Unit
Location
AP1 ...................
AP2 ...................
GCM1 ...............
GCM2 ...............
GCM3 ...............
GCM4 ...............
GCM5 ...............
GCM6 ...............
GCM7 ...............
Big Flat Creek, AL ............................................................
Burnt Corn Creek, Murder Creek, and Sepulga River, AL
Lower Escambia River, AL, FL ........................................
Point A Lake and Gantt Lake Reservoirs, AL ..................
Patsaliga Creek, AL ..........................................................
Upper Escambia River, AL ...............................................
Yellow River, AL, FL .........................................................
Choctawhatchee and Lower Pea River, AL, FL ...............
Upper Pea River, AL ........................................................
92 (57)
156 (97)
558 (347)
21 (13)
149 (92)
137 (85)
253 (157)
892 (554)
234 (145)
92 (57)
156 (97)
482 (299)
21 (13)
149 (92)
130 (81)
104 (64)
718 (446)
228 (142)
0
0
18 (11)
0
0
7 (4)
68 (42)
61 (38)
0
0
0
59 (36)
0
0
0
81 (50)
119 (74)
5 (3)
Overlap between units AP2 and GCM1 ..........................................................
¥85 (53)
........................
........................
........................
(1,495)
1,993 (1239)
153 (95)
264 (164)
Total ...........
2,406 .................................................................................
Note: Distances may not sum due to rounding.
* Ownership is categorized by private ownership on both banks of the river (Private); private on one bank and county, state or federal on the
other (Private/Protected); and county, state, or federal on both banks (Protected).
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Below we present brief descriptions of
all units, and reasons why they meet the
definition of critical habitat for each
species. We also present any threats
unique to the unit’s features that may
require special management of the PCEs.
For each stream reach proposed as a
critical habitat unit, the upstream and
downstream boundaries are described
generally below. More precise estimates
are provided in the Regulation
Promulgation section at the end of this
proposed rule.
Unit AP1: Big Flat Creek Drainage,
Alabama
Unit AP1 encompasses 92 km (57 mi)
of the Big Flat Creek drainage, in
Monroe and Wilcox Counties, AL. The
unit is within the Mobile River basin. It
includes the mainstem of Big Flat Creek
from Hwy 41 upstream 56 km (35 mi),
Monroe County, AL; Flat Creek from its
confluence with Big Flat Creek
upstream 20 km (12 mi), Monroe
County, AL; and Dailey Creek from its
confluence with Flat Creek upstream 17
km (11 mi), Wilcox County, AL.
Unit AP1 is proposed as critical
habitat for the Alabama pearlshell.
Based on collection records, the species
was last collected in the Big Flat Creek
system in 1995, when Shelton (1995, p.
3 unpub. data) documented a fresh dead
individual. Although it is likely that the
Alabama pearlshell has always been rare
in Big Flat Creek, the unit currently
supports healthy populations of several
other native mussel species indicating
the presence of PCEs 1, 2, 3, and 4. A
diverse fish fauna, including potential
fish host(s) for the Alabama pearlshell,
are known from the Big Flat Creek
drainage, indicating the potential
presence of PCE 5.
Threats to the Alabama pearlshell and
its habitat may require special
management of the PCEs including
maintaining natural stream flows and
protecting water quality from excessive
point- and non-point-source pollution.
For example, runoff from agricultural
and industrial sites can alter water
quality through added nutrients and
sediment. Runoff from unpaved roads
can also add sediments, and poorly
designed road culverts can degrade
habitats and limit distribution of the
species. Some culverts can isolate
pearlshell populations by acting as a
barrier for dispersion and movement of
host fish(es).
Unit AP2: Burnt Corn Creek, Murder
Creek, and Sepulga River Drainages,
Alabama
Unit AP2 encompasses 156 km (97
mi) of the Burnt Corn Creek, Murder
Creek, and Sepulga River drainages
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within the Escambia River drainage in
Escambia and Conecuh Counties, AL. It
includes the mainstem of Burnt Corn
Creek from its confluence with Murder
Creek upstream 66 km (41 mi), Conecuh
County, AL; the mainstem of Murder
Creek from its confluence with Jordan
Creek upstream 17 km (11 mi) to the
confluence of Otter Creek, Conecuh
County, AL; Jordan Creek from its
confluence with Murder Creek upstream
12 km (7 mi), Conecuh County, AL;
Otter Creek from its confluence with
Murder Creek upstream 9 km (5.5 mi),
Conecuh County, AL; Hunter Creek
from its confluence with Murder Creek
upstream 8 km (5 mi), Conecuh County,
AL; Sandy Creek from County Road 29
upstream 5 km (3.5 mi) to Hagood Road;
two unnamed tributaries to Sandy
Creek—one from its confluence with
Sandy Creek upstream 8.5 km (5.0 mi)
to Hagood Road and the other from its
confluence with the previous unnamed
tributary 2.5 km (1.5 mi) upstream to
Hagood Road, Conecuh County, AL;
Little Cedar Creek from County Road 6
upstream 8 km (5 mi), Conecuh County,
AL; Amos Mill Creek from its
confluence with the Sepulga River
upstream 12 km (8 mi), Escambia and
Conecuh Counties, AL; Polly Creek from
its confluence with Amos Mill Creek
upstream 3 km (2 mi), Conecuh County,
AL; and Bottle Creek from its
confluence with the Sepulga River
upstream 5.5 km (3.5 mi) to County
Road 42, Conecuh County, AL.
The Alabama pearlshell currently
occurs in Jordan, Hunter, Otter, Sandy,
and Little Cedar, Bottle, and Amos Mill
Creek drainages. Although it historically
occurred in the mainstem of Murder
Creek, it has not been collected there in
recent years. Therefore, this short reach
of Murder Creek is considered
unoccupied by the Alabama pearlshell,
but essential to the conservation of the
species. This unoccupied reach retains
the features of a natural stream channel
and supports other native mussel
species. It has potential for reoccupation
by the pearlshell, particularly if threats
can be identified and mitigated.
The unit currently supports healthy
populations of several other native
mussel species indicating the presence
of PCEs 1, 2, 3, and 4. In addition, other
mussel species, requiring similar PCEs,
co-occur with the pearlshell. A diverse
fish fauna, including potential fish
host(s) for the Alabama pearlshell, are
known from these drainages, indicating
the potential presence of PCE 5.
Threats to the Alabama pearlshell and
its habitat may require special
management of the PCEs including,
alteration of natural stream flows,
maintaining natural stream flows
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(including the construction of
impoundments), and protecting water
quality from excessive point- and nonpoint-source pollution.
Unit GCM1: Lower Escambia River
Drainage, Florida and Alabama
Unit GCM1 encompasses 558 km (347
mi) of the lower Escambia River
mainstem and 12 tributary streams in
Escambia and Santa Rosa Counties, FL;
and Escambia, Covington, Conecuh, and
Butler Counties, AL. The unit consists
of the main channel of the EscambiaConecuh River from the confluence of
Spanish Mill Creek, Escambia and Santa
Rosa Counties, FL, upstream 204 km
(127 mi) to the Point A Lake dam,
Covington County, AL; Murder Creek
from its confluence with the Conecuh
River, Escambia County, AL, upstream
62 km (38 mi) to the confluence of Cane
Creek, Conecuh County, AL; Burnt Corn
Creek from its confluence with Murder
Creek, Escambia County, AL, upstream
59 km (37 mi) to County Road 20,
Conecuh County, AL; Jordan Creek from
its confluence with Murder Creek,
upstream 5.5 km (3.5 mi) to Interstate
65, Conecuh County, AL; Mill Creek
from its confluence with Murder Creek
upstream 2.5 km (1.5 mi) to the
confluence of Sandy Creek, Conecuh
County, AL; Sandy Creek from its
confluence with Mill Creek upstream
5.5 km (3.5 mi) to County Road 29,
Conecuh County, AL; Sepulga River
from its confluence with the Conecuh
River upstream 69 km (43 mi) to the
confluence of Persimmon Creek,
Conecuh County, AL; Bottle Creek from
its confluence with the Sepulga River
upstream 5.5 km (3.5 mi) to County
Road 42, Conecuh County, AL;
Persimmon Creek from its confluence
with the Sepulga River, Conecuh
County upstream 36 km (22 mi) to the
confluence of Mashy Creek, Butler
County, AL; Panther Creek from its
confluence with Persimmon Creek
upstream 11 km (7 mi) to State Route
106, Butler County, AL; Pigeon Creek
from its confluence with the Sepulga
River, Conecuh and Covington Counties
upstream 89 km (55 mi) to the
confluence of Three Run Creek, Butler
County, AL; and Three Run Creek from
its confluence with Pigeon Creek
upstream 9 km (5.5 mi) to the
confluence of Spring Creek, Butler
County, AL.
Unit GCM1 is proposed as critical
habitat for the round ebonyshell,
southern sandshell, southern
kidneyshell, Choctaw bean, narrow
pigtoe, and fuzzy pigtoe. The southern
kidneyshell is not currently known to
occur in the unit; however, this portion
of the Escambia River system is within
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the species’ historical range, and we
consider it essential to the southern
kidneyshell’s conservation due to the
need to re-establish the species within
other portions of its historical range in
order to reduce threats from stochastic
events. The unit currently supports
populations of round ebonyshell,
southern sandshell, Choctaw bean,
narrow pigtoe, and fuzzy pigtoe
indicating the presence of PCEs 1, 2, 3,
and 4. In addition, other mussel species,
requiring similar PCEs, co-occur with
these five species. A diverse fish fauna,
including potential fish host(s) for the
fuzzy pigtoe, are known from the
Escambia River drainage, indicating the
potential presence of PCE 5.
Threats to the five species and their
habitat that may require special
management of the PCEs include the
potential of significant changes in the
existing flow regime and water quality
due to two upstream impoundments. As
discussed in Summary of Factors
Affecting the Species, under Dams and
Impoundments, mollusk declines below
dams are associated with changes and
fluctuation in flow regime, scouring and
erosion, reduced dissolved oxygen
levels and water temperatures, and
changes in resident fish assemblages.
These alterations can cause mussel
declines for many miles below the dam.
Unit GCM2: Point A Lake and Gantt
Lake Reservoirs, Alabama
Unit GCM2 encompasses 21 km (13
mi) of the Point A Lake and Gantt Lake
reservoir system in Covington County,
AL. Both lakes are impoundments on
the Conecuh River main channel in the
Escambia River drainage. The unit
extends from Point A Lake dam,
Covington County upstream 21 km (13
mi) to the Covington-Crenshaw County
line in Alabama.
Unit GCM2 is proposed as critical
habitat for the narrow pigtoe. As
mentioned in the PCEs for the narrow
pigtoe (above), we attribute its
occurrence in these two impoundments
to the small size of the reservoirs and to
the operational regime of the dams. This
allows for water movement through the
system, and prevents silt accumulation
in some areas. The largest narrow pigtoe
population occurs in the middle reach
of Gantt Lake, where the reservoir
narrows and becomes somewhat
riverine. Although the natural state of
the river’s hydrological flow regime is
modified, it does retain the features
necessary to maintain the benthic
habitats where the species are found.
The persistence of the narrow pigtoe
within these reservoirs indicates the
presence of an appropriate fish host.
Although its fish host(s) is unknown,
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other mussels of the genus Fusconaia
are known to use cyprinid minnows, a
fish species that occupies a variety of
habitats including large, flowing rivers,
and lakes and reservoirs (Mettee et al.
1996, p. 128). The unit currently
supports narrow pigtoe populations,
indicating the presence of PCEs 1, 3, 4,
and 5. We consider the habitat in this
unit essential to the conservation of the
narrow pigtoe as it possesses the largest
known population. The fuzzy pigtoe is
known from this stretch of the Conecuh
River (one specimen was collected in
1915). However, the collection was
made prior to construction of the
reservoirs in 1923, and it is not
presently known to occur in this nowimpounded section of the river.
Threats to the narrow pigtoe and its
habitat that may require special
management of the PCEs include the
potential of significant changes in water
levels due to periodic drawdowns of the
reservoirs for maintenance to the dams.
Within the two reservoirs, mussels
occur in shallow areas near the shore,
where they are susceptible to exposure
when water levels are lowered. A
drawdown of Point A Lake in 2005 and
Gantt Lake in 2006 exposed and killed
a substantial number of mussels
(Johnson 2006a in litt.; Johnson 2006b in
litt.). During the Gantt drawdown, 142
individuals of narrow pigtoe were
relocated after being stranded in
dewatered areas near the shoreline
(Garner 2009 pers. comm.; Pursifull
2006 pers. obs.).
Unit GCM3: Patsaliga Creek Drainage,
Alabama
Unit GCM3 encompasses 149 km (92
mi) of Patsaliga Creek and two tributary
streams in Covington, Crenshaw, and
Pike Counties, AL, within the Escambia
River basin. The unit consists of the
Patsaliga Creek mainstem from its
confluence with Point A Lake at County
Road 59, Covington County, AL,
upstream 108 km (67 mi) to Crenshaw
County Road 66–Pike County Road 1
(the creek is the county boundary), AL;
Little Patsaliga Creek from its
confluence with Patsaliga Creek
upstream 28 km (17 mi) to Mary Daniel
Road, Crenshaw County, AL; and
Olustee Creek from its confluence with
Patsaliga Creek upstream 12 km (8 mi)
to County Road 5, Pike County, AL.
Unit GCM3 is proposed as critical
habitat for the southern sandshell,
southern kidneyshell, Choctaw bean,
narrow pigtoe, and fuzzy pigtoe. The
southern kidneyshell is not currently
known to occur in the unit; however,
this portion of the Patsaliga Creek
system is within the species’ historical
range. We consider it essential to the
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conservation of the southern
kidneyshell due to the need to reestablish the species within other
portions of its historical range in order
to reduce threats from stochastic events.
The unit does currently support
populations of southern sandshell,
Choctaw bean, narrow pigtoe, and fuzzy
pigtoe indicating the presence of PCEs
1, 2, 3, and 4. In addition, other mussel
species, requiring similar PCEs, cooccur with these four species. A diverse
fish fauna, including a potential fish
host for the fuzzy pigtoe, are known
from the Patsaliga Creek drainage,
indicating the potential presence of PCE
5.
Prior to construction of the Point A
Lake and Gantt Lake dams in 1923,
Patsaliga Creek drained directly to the
Conecuh River main channel. It now
empties into Point A Lake and is
effectively isolated from the main
channel by the dams. The dams are
barriers to upstream fish movement,
particularly to anadromous fishes.
Therefore, a potential threat that may
require special management of the PCEs
includes the absence of fish hosts.
Unit GCM4: Upper Escambia River
Drainage, Alabama
Unit GCM4 encompasses 137 km (85
mi) of the Conecuh River mainstem and
two tributary streams in Covington,
Crenshaw, Pike, and Bullock Counties,
AL, within the Escambia River drainage.
The unit consists of the Conecuh River
from its confluence with Gantt Lake
reservoir at the Covington-Crenshaw
County line upstream 126 km (78 mi) to
County Road 8, Bullock County, AL;
Beeman Creek from its confluence with
the Conecuh River upstream 6.5 km (4
mi) to the confluence of Mill Creek, Pike
County, AL; and Mill Creek from its
confluence with Beeman Creek,
upstream 4.5 km (3 mi) to County Road
13, Pike County, AL.
Unit GCM4 is proposed as critical
habitat for the southern sandshell,
southern kidneyshell, Choctaw bean,
narrow pigtoe, and fuzzy pigtoe. The
southern kidneyshell is not currently
known to occur in the unit; however,
this portion of the Conecuh River is
within the species’ historical range, and
we consider it to be essential to the
conservation of the southern
kidneyshell due to the need to reestablish the species within other
portions of its historical range in order
to reduce threats from stochastic events.
The unit does currently support
populations of southern sandshell,
Choctaw bean, narrow pigtoe, and fuzzy
pigtoe indicating the presence of PCEs
1, 2, 3, and 4. In addition, other mussel
species requiring similar PCEs co-occur
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with these four species. A diverse fish
fauna, including a potential fish host for
the fuzzy pigtoe, are known from the
upper Escambia River drainage,
indicating the potential presence of PCE
5.
The Point A Lake and Gantt Lake
dams on the Conecuh River mainstem
are barriers to upstream fish movement,
particularly to anadromous fishes.
Therefore, a potential threat that may
require special management of the PCEs
includes the absence of fish hosts.
emcdonald on DSK5VPTVN1PROD with PROPOSALS-1
Unit GCM5: Yellow River Drainage,
Florida and Alabama
Unit GCM5 encompasses 253 km (157
mi) of the Yellow River mainstem, the
Shoal River mainstem and three
tributary streams in Santa Rosa,
Okaloosa, and Walton Counties, FL; and
Covington County, AL. The unit
consists of the Yellow River from the
confluence of Weaver River, (a tributary
located 0.9 km (0.6 mi) downstream of
State Route 87), Santa Rosa County, FL,
upstream 157 km (97 mi) to County
Road 42, Covington County, AL; the
Shoal River from its confluence with the
Yellow River, Okaloosa County, FL,
upstream 51 km (32 mi) to the
confluence of Mossy Head Branch,
Walton County, FL; Pond Creek from its
confluence with the Shoal River,
Okaloosa County, FL, upstream 24 km
(15 mi) to the confluence of Fleming
Creek, Walton County, FL; Five Runs
Creek from its confluence with the
Yellow River upstream 15 km (9.5 mi)
to County Road 31, Covington County,
AL; and Hollis Creek from its
confluence with the Yellow River
upstream 5.5 km (3.5 mi) to County
Road 42, Covington County, AL.
Unit GCM5 is proposed as critical
habitat for the southern sandshell,
Choctaw bean, narrow pigtoe, and fuzzy
pigtoe. The southern kidneyshell is
known from the Yellow River drainage;
however, its occurrence in the basin is
based on the collection of one specimen
in 1919 from Hollis Creek in Alabama.
We believe this single, historical record
is not sufficient to consider this unit as
essential to the conservation of the
southern kidneyshell. Therefore, we are
not designating Unit GCM5 as critical
habitat for the southern kidneyshell at
this time. The unit does currently
support populations of southern
sandshell, Choctaw bean, narrow pigtoe,
and fuzzy pigtoe indicating the presence
of PCEs 1, 2, 3, and 4. In addition, other
mussel species, requiring similar PCEs,
co-occur with these four species. A
diverse fish fauna are known from the
Yellow River drainage, indicating the
potential presence of PCE 5.
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Unit GCM6: Choctawhatchee River and
Lower Pea River Drainages, Florida and
Alabama
Unit GCM6 encompasses 892 km (554
mi) of the Choctawhatchee River
mainstem, the lower Pea River
mainstem, and 29 tributary streams in
Walton, Washington, Bay, Holmes, and
Jackson Counties, FL; and Geneva,
Coffee, Dale, Houston, Henry, Pike, and
Barbour Counties, AL. The unit consists
of the Choctawhatchee River from the
confluence of Pine Log Creek, Walton
County, FL upstream 200 km (125 mi)
to the point the river splits into the West
Fork Choctawhatchee and East Fork
Choctawhatchee Rivers, Barbour
County, AL; Pine Log Creek from its
confluence with the Choctawhatchee
River, Walton County, upstream 19 km
(12 mi) to the confluence of Ditch
Branch, Washington and Bay Counties,
FL; an unnamed channel forming
Cowford Island from its downstream
confluence with the Choctawhatchee
River upstream 3 km (2 mi) to its
upstream confluence with the river,
Washington County, FL; Crews Lake
from its western terminus 1.5 km (1 mi)
to its eastern terminus, Washington
County, FL (Crews Lake is a relic
channel southwest of Cowford Island,
and is disconnected from the Cowford
Island channel, except during high
flows); Holmes Creek from its
confluence with the Choctawhatchee
River, Washington County, FL,
upstream 98 km (61 mi) to County Road
4, Geneva County, AL; Alligator Creek
from its confluence with Holmes Creek
upstream 6.5 km (4 mi) to County Road
166, Washington County, FL; Bruce
Creek from its confluence with the
Choctawhatchee River upstream 25 km
(16 mi) to the confluence of an unnamed
tributary, Walton County, FL; Sandy
Creek from its confluence with the
Choctawhatchee River, Walton County
upstream 30 km (18 mi) to the
confluence of West Sandy Creek,
Walton County, FL; Blue Creek from its
confluence with Sandy Creek, upstream
7 km (4.5 mi) to the confluence of Goose
Branch, Holmes County, FL; West
Sandy Creek from its confluence with
Sandy Creek, upstream 5.5 km (3.5 mi)
to the confluence of an unnamed
tributary, Walton County, FL; Wrights
Creek from its confluence with the
Choctawhatchee River, Holmes County,
FL, upstream 43 km (27 mi) to County
Road 4, Geneva County, AL; Tenmile
Creek from its confluence with Wrights
Creek upstream 6 km (3.5 mi) to the
confluence of Rice Machine Branch,
Holmes County, FL; West Pittman Creek
from its confluence with the
Choctawhatchee River upstream 6.5 km
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(4 mi) to Fowler Branch, Holmes
County, FL; East Pittman Creek from its
confluence with the Choctawhatchee
River upstream 4.5 km (3 mi) to County
Road 179, Holmes County, FL; Parrot
Creek from its confluence with the
Choctawhatchee River upstream 6 km (4
mi) to Tommy Lane, Holmes County,
FL; the Pea River from its confluence
with the Choctawhatchee River, Geneva
County upstream 91 km (57 mi) to the
Elba Dam, Coffee County, AL;
Limestone Creek from its confluence
with the Pea River upstream 8.5 km (5
mi) to Woods Road, Walton County, FL;
Flat Creek from the Pea River upstream
17 km (10 mi) to the confluence of
Panther Creek, Geneva County, AL;
Eightmile Creek from its confluence
with Flat Creek, Geneva County, AL,
upstream 15 km (9 mi) to the confluence
of Dry Branch (first tributary upstream
of County Road 181), Walton County,
FL; Corner Creek from its confluence
with Eightmile Creek upstream 5 km (3
mi) to State Route 54, Geneva County,
AL; Natural Bridge Creek from its
confluence with Eightmile Creek
Geneva County, AL, upstream, 4 km (2.5
mi) to the Covington-Geneva County
line, AL; Double Bridges Creek from the
Choctawhatchee River, Geneva County
upstream 46 km (29 mi) to the
confluence of Blanket Creek, Coffee
County, AL; Claybank Creek from the
Choctawhatchee River, Geneva County
upstream 22 km (14 mi) to the Fort
Rucker military reservation southern
boundary, Dale County, AL; Claybank
Creek from the Fort Rucker military
reservation northern boundary,
upstream 6 km (4 mi) to County Road
36, Dale County, AL; Steep Head Creek
from the Fort Rucker military
reservation western boundary, upstream
4 km (2.5 mi) to County Road 156,
Coffee County, AL; Hurricane Creek
from its confluence with the
Choctawhatchee River upstream 14 km
(8.5 mi) to State Route 52, Geneva
County, AL; Little Choctawhatchee
River from its confluence with the
Choctawhatchee River, Dale and
Houston Counties upstream 20 km (13
mi) to the confluence of Newton Creek,
Houston County, AL; Panther Creek
from its confluence with the Little
Choctawhatchee River, upstream 4.5 km
(2.5 mi) to the confluence of Gilley Mill
Branch, Houston County, AL; Bear
Creek from its confluence with the Little
Choctawhatchee River, upstream 5.5 km
(3.5 mi) to County Road 40 (Fortner
Street), Houston County, AL; West Fork
Choctawhatchee River from its
confluence with the Choctawhatchee
River, Dale County upstream 54 km (33
mi) to the fork of Paul’s Creek and
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Lindsey Creek, Barbour County, AL;
Judy Creek from its confluence with
West Fork Choctawhatchee River
upstream 17 km (11 mi) to County Road
13, Dale County, AL; Sikes Creek from
its confluence with West Fork
Choctawhatchee River, Dale County
upstream 8.5 km (5.5 mi) to State Route
10, Barbour County, AL; Paul’s Creek
from its confluence with West Fork
Choctawhatchee River upstream 7 km
(4.5 mi) to one mile upstream of County
Road 20, Barbour County, AL; Lindsey
Creek from its confluence with West
Fork Choctawhatchee River upstream 14
km (8.5 mi) to the confluence of an
unnamed tributary, Barbour County, AL;
an unnamed tributary to Lindsey Creek
from its confluence with Lindsey Creek
upstream 2.5 km (1.5 mi) to 1.0 mile
upstream of County Road 53, Barbour
County, AL; and East Fork
Choctawhatchee River from its
confluence with Choctawhatchee River,
Dale County upstream 71 km (44 mi) to
County Road 71, Barbour County, AL.
Unit GCM6 is proposed as critical
habitat for the southern sandshell,
southern kidneyshell, Choctaw bean,
tapered pigtoe, and fuzzy pigtoe. The
unit currently supports populations of
the five species and other mussel
species requiring similar PCEs,
indicating the presence of PCEs 1, 2, 3,
and 4. A diverse fish fauna is known
from the Choctawhatchee River,
including a potential fish host for the
fuzzy pigtoe and tapered pigtoe,
indicating the potential presence of PCE
5.
Not included in this unit are two
oxbow lakes now disconnected from the
Choctawhatchee River main channel in
Washington County, FL. Horseshoe Lake
has a record of the southern kidneyshell
from 1932, and Crawford Lake has
records of the Choctaw bean and
tapered pigtoe from 1934. It is possible
these oxbow lakes had some connection
to the main channel when the
collections were made over 75 years
ago. The three species are not currently
known to occur in Horseshoe or
Crawford lakes, and we do not consider
them essential to the conservation of the
southern kidneyshell, Choctaw bean, or
tapered pigtoe.
Threats to the five species and their
habitat that may require special
management of the PCEs include the
potential of significant changes in the
existing flow regime and water quality
due to the Elba dam on the Pea River
mainstem. As discussed in Summary of
Factors Affecting the Species, under
Dams and Impoundments, mollusk
declines below dams are associated with
changes and fluctuation in flow regime,
scouring and erosion, reduced dissolved
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oxygen levels and water temperatures,
and changes in resident fish
assemblages. These alterations can
cause mussel declines for many miles
below the dam.
Unit GCM7: Upper Pea River Drainage,
Alabama
Unit GCM7 encompasses 234 km (145
mi) of the upper Pea River mainstem
and six tributary streams in Coffee, Dale,
Pike, Barbour, and Bullock Counties,
AL. This unit is within the
Choctawhatchee River basin and
includes the stream segments upstream
of the Elba dam. The unit consists of the
Pea River from the Elba dam, Coffee
County upstream 123 km (76 mi) to
State Route 239, Bullock and Barbour
Counties, AL; Whitewater Creek from its
confluence with the Pea River, Coffee
County upstream 45 km (28 mi) to the
confluence of Walnut Creek, Pike
County, AL; Walnut Creek from its
confluence with Whitewater Creek
upstream 14 km (9 mi) to County Road
26, Pike County, AL; Big Creek (Coffee
County Big Creek) from its confluence
with Whitewater Creek, Coffee County
upstream 30 km (18 mi) to the
confluence of Smart Branch, Pike
County, AL; Big Creek (Barbour County
Big Creek) from its confluence with the
Pea River upstream 10 km (6 mi) to the
confluence of Sand Creek, Barbour
County, AL; Pea Creek from its
confluence with the Pea River upstream
6 km (4 mi) to the confluence of
Hurricane Creek, Barbour County, AL;
and Big Sandy Creek from its
confluence with the Pea River upstream
6.5 km (4 mi) to County Road 14,
Bullock County, AL.
Unit GCM7 is proposed as critical
habitat for the southern sandshell,
southern kidneyshell, Choctaw bean,
tapered pigtoe, and fuzzy pigtoe. The
unit currently supports populations of
the five species, and other mussel
species requiring similar PCEs,
indicating the presence of PCEs 1, 2, 3,
and 4. A diverse fish fauna is known
from the upper Pea River, including
potential fish host(s) for the fuzzy pigtoe
and tapered pigtoe, indicating the
potential presence of PCE 5.
The Elba dam on the Pea River
mainstem is a barrier to upstream fish
movement, particularly to anadromous
fishes. Therefore, a potential threat that
may require special management of the
PCEs includes the absence of potential
host fishes.
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires
Federal agencies, including the Service,
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to ensure that any action they fund,
authorize, or carry out is not likely to
jeopardize the continued existence of
any endangered species or threatened
species or result in the destruction or
adverse modification of designated
critical habitat of such species. In
addition, section 7(a)(4) of the Act
requires Federal agencies to confer with
the Service on any agency action which
is likely to jeopardize the continued
existence of any species proposed to be
listed under the Act or result in the
destruction or adverse modification of
proposed critical habitat.
Decisions by the 5th and 9th Circuit
Courts of Appeal have invalidated our
regulatory definition of ‘‘destruction or
adverse modification’’ (50 CFR 402.02)
(see Gifford Pinchot Task Force v. U.S.
Fish and Wildlife Service, 378 F. 3d
1059 (9th Cir. 2004) and Sierra Club v.
U.S. Fish and Wildlife Service, 245 F.3d
434, 442 (5th Cir. 2001)), and we do not
rely on this regulatory definition when
analyzing whether an action is likely to
destroy or adversely modify critical
habitat. Under the statutory provisions
of the Act, we determine destruction or
adverse modification on the basis of
whether, with implementation of the
proposed Federal action, the affected
critical habitat would continue to serve
its intended conservation role for the
species.
If a Federal action may affect a listed
species or its critical habitat, the
responsible Federal agency (action
agency) must enter into consultation
with us. Examples of actions that are
subject to the section 7 consultation
process are actions on State, tribal,
local, or private lands that require a
Federal permit (such as a permit from
the U.S. Army Corps of Engineers under
section 404 of the Clean Water Act (33
U.S.C. 1251 et seq.) or a permit from the
Service under section 10 of the Act) or
that involve some other Federal action
(such as funding from the Federal
Highway Administration, Federal
Aviation Administration, or the Federal
Emergency Management Agency).
Federal actions not affecting listed
species or critical habitat, and actions
on State, tribal, local, or private lands
that are not federally funded or
authorized, do not require section 7
consultation.
As a result of section 7 consultation,
we document compliance with the
requirements of section 7(a)(2) through
our issuance of:
(1) A concurrence letter for Federal
actions that may affect, but are not
likely to adversely affect, listed species
or critical habitat; or
(2) A biological opinion for Federal
actions that may affect, or are likely to
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adversely affect, listed species or critical
habitat.
When we issue a biological opinion
concluding that a project is likely to
jeopardize the continued existence of a
listed species and/or destroy or
adversely modify critical habitat, we
provide reasonable and prudent
alternatives to the project, if any are
identifiable, that would avoid the
likelihood of jeopardy and/or
destruction or adverse modification of
critical habitat. We define ‘‘reasonable
and prudent alternatives’’ (at 50 CFR
402.02) as alternative actions identified
during consultation that:
(1) Can be implemented in a manner
consistent with the intended purpose of
the action;
(2) Can be implemented consistent
with the scope of the Federal agency’s
legal authority and jurisdiction;
(3) Are economically and
technologically feasible; and
(4) Would, in the Director’s opinion,
avoid the likelihood of jeopardizing the
continued existence of the listed species
and/or avoid the likelihood of
destroying or adversely modifying
critical habitat.
Reasonable and prudent alternatives
can vary from slight project
modifications to extensive redesign or
relocation of the project. Costs
associated with implementing a
reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 require
Federal agencies to reinitiate
consultation on previously reviewed
actions in instances where we have
listed a new species or subsequently
designated critical habitat that may be
affected and the Federal agency has
retained discretionary involvement or
control over the action (or the agency’s
discretionary involvement or control is
authorized by law). Consequently,
Federal agencies sometimes may need to
request reinitiation of consultation with
us on actions for which formal
consultation has been completed, if
those actions with discretionary
involvement or control may affect
subsequently listed species or
designated critical habitat.
Application of the ‘‘Adverse
Modification’’ Standard
The key factor related to the adverse
modification determination is whether,
with implementation of the proposed
Federal action, the affected critical
habitat would continue to serve its
intended conservation role for the
species. Activities that may destroy or
adversely modify critical habitat are
those that alter the physical or
biological features to an extent that
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appreciably reduces the conservation
value of critical habitat for Alabama
pearlshell, round ebonyshell, southern
sandshell, southern kidneyshell,
Choctaw bean, tapered pigtoe, narrow
pigtoe, or fuzzy pigtoe. As discussed
above, the role of critical habitat is to
support life-history needs and provide
for the conservation of these species.
Section 4(b)(8) of the Act requires us
to briefly evaluate and describe, in any
proposed or final regulation that
designates critical habitat, activities
involving a Federal action that may
destroy or adversely modify such
habitat, or that may be affected by such
designation.
Activities that may affect critical
habitat, when carried out, funded, or
authorized by a Federal agency, should
result in consultation for the Alabama
pearlshell, round ebonyshell, southern
sandshell, southern kidneyshell,
Choctaw bean, tapered pigtoe, narrow
pigtoe, or fuzzy pigtoe. These activities
include, but are not limited to:
(1) Actions that would alter the
geomorphology of their stream and river
habitats. Such activities could include,
but are not limited to, instream
excavation or dredging, impoundment,
channelization, and discharge of fill
materials. These activities could cause
aggradation or degradation of the
channel bed elevation or significant
bank erosion and result in entrainment
or burial of these mussels, and could
cause other direct or cumulative adverse
effects to these species and their life
cycles.
(2) Actions that would significantly
alter the existing flow regime. Such
activities could include, but are not
limited to; impoundment, water
diversion, water withdrawal, water
draw-down, and hydropower
generation. These activities could
eliminate or reduce the habitat
necessary for growth and reproduction
of these mussels.
(3) Actions that would significantly
alter water chemistry or water quality
(for example, temperature, pH,
contaminants, and excess nutrients).
Such activities could include, but are
not limited to, hydropower discharges,
or the release of chemicals, biological
pollutants, or heated effluents into
surface water or connected groundwater
at a point source or by dispersed release
(non-point source). These activities
could alter water conditions that are
beyond the tolerances of these mussels
and result in direct or cumulative
adverse effects to the species and their
life cycles.
(4) Actions that would significantly
alter stream bed material composition
and quality by increasing sediment
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deposition or filamentous algal growth.
Such activities could include, but are
not limited to, construction projects,
livestock grazing, timber harvest, and
other watershed and floodplain
disturbances that release sediments or
nutrients into the water. These activities
could eliminate or reduce habitats
necessary for the growth and
reproduction of these mussels by
causing excessive sedimentation and
burial of the species or their habitats, or
nutrification leading to excessive
filamentous algal growth. Excessive
filamentous algal growth can cause
reduced nighttime dissolved oxygen
levels through respiration, and prevent
juvenile mussels from settling into
stream sediments.
Exemptions
Application of Section 4(a)(3) of the Act
The Sikes Act Improvement Act of
1997 (Sikes Act) (16 U.S.C. 670a)
required each military installation that
includes land and water suitable for the
conservation and management of
natural resources to complete an
integrated natural resource management
plan (INRMP) by November 17, 2001.
An INRMP integrates implementation of
the military mission of the installation
with stewardship of the natural
resources found on the base. Each
INRMP includes:
(1) An assessment of the ecological
needs on the installation, including the
need to provide for the conservation of
listed species;
(2) A statement of goals and priorities;
(3) A detailed description of
management actions to be implemented
to provide for these ecological needs;
and
(4) A monitoring and adaptive
management plan.
Among other things, each INRMP
must, to the extent appropriate and
applicable, provide for fish and wildlife
management; fish and wildlife habitat
enhancement or modification; wetland
protection, enhancement, and
restoration where necessary to support
fish and wildlife; and enforcement of
applicable natural resource laws.
The National Defense Authorization
Act for Fiscal Year 2004 (Pub. L. 108–
136) amended the Act to limit areas
eligible for designation as critical
habitat. Specifically, section 4(a)(3)(B)(i)
of the Act (16 U.S.C. 1533(a)(3)(B)(i))
now provides: ‘‘The Secretary shall not
designate as critical habitat any lands or
other geographical areas owned or
controlled by the Department of
Defense, or designated for its use, that
are subject to an integrated natural
resources management plan prepared
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under section 101 of the Sikes Act (16
U.S.C. 670a), if the Secretary determines
in writing that such plan provides a
benefit to the species for which critical
habitat is proposed for designation.’’
The U.S. Army-operated Fort Rucker
Aviation Center, located in Daleville,
AL, owns lands that include portions of
the proposed critical habitat designation
(specifically unit GCM6,
Choctawhatchee River and Lower Pea
River Drainage). Portions of Claybank
and Steep Head Creeks are on lands
within the Fort Rucker military
reservation. Fort Rucker has completed
an INRMP (BioResources 2007) that
guides conservation activities on the
installation through 2014. This INRMP
does not mention any of the southern
sandshell, southern kidneyshell,
Choctaw bean, tapered pigtoe, and fuzzy
pigtoe by name, but does specifically
address maintaining and improving
water quality through reduction in
sedimentation and erosion control, land
management practices, and improved
treatment facilities (BioResources 2007,
pp. 82–83, p. 90, pp.128–129). Based on
the above considerations, and in
accordance with section 4(a)(3)(B)(i) of
the Act, we have determined that the
identified lands are subject to the Fort
Rucker INRMP and that conservation
efforts identified in the INRMP will
provide a benefit to the southern
sandshell, southern kidneyshell,
Choctaw bean, tapered pigtoe, and fuzzy
pigtoe occurring in habitats within or
downstream of the Fort Rucker military
reservation. Therefore, lands within this
installation are exempt from critical
habitat designation under section 4(a)(3)
of the Act. Pursuant to this exemption,
we are not including approximately 16
mi (25 km) of stream habitat in this
proposed critical habitat designation.
Eglin Air Force Base (AFB), located in
Niceville, FL, owns the lands adjacent
to the proposed critical habitat
designation (specifically unit GCM5,
Yellow River Drainage). The lower
portions of the Shoal and Yellow Rivers
form the northwestern boundary of the
military reservation. However, no
portions of stream or river channels
proposed for critical habitat designation
occur within the boundary of the
military reservation, and therefore are
not proposed for exemption. These
reaches are also currently designated
critical habitat for the Gulf sturgeon
(Acipenser oxyrinchus desotoi) (68 FR
13370).
Exclusions
Application of Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that
the Secretary shall designate and make
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revisions to critical habitat on the basis
of the best available scientific data after
taking into consideration the economic
impact, national security impact, and
any other relevant impact of specifying
any particular area as critical habitat.
The Secretary may exclude an area from
critical habitat if he determines that the
benefits of such exclusion outweigh the
benefits of specifying such area as part
of the critical habitat, unless he
determines, based on the best scientific
data available, that the failure to
designate such area as critical habitat
will result in the extinction of the
species. In making that determination,
the statute on its face, as well as the
legislative history, are clear that the
Secretary has broad discretion regarding
which factor(s) to use and how much
weight to give to any factor.
Under section 4(b)(2) of the Act, we
may exclude an area from designated
critical habitat based on economic
impacts, impacts on national security,
or any other relevant impacts. In
considering whether to exclude a
particular area from the designation, we
identify the benefits of including the
area in the designation, identify the
benefits of excluding the area from the
designation, and evaluate whether the
benefits of exclusion outweigh the
benefits of inclusion. If the analysis
indicates that the benefits of exclusion
outweigh the benefits of inclusion, the
Secretary may exercise his discretion to
exclude the area only if such exclusion
would not result in the extinction of the
species.
Economic Impacts
Under section 4(b)(2) of the Act, we
consider the economic impacts of
specifying any particular area as critical
habitat. In order to consider economic
impacts, we are preparing an analysis of
the economic impacts of the proposed
critical habitat designation and related
factors.
We will announce the availability of
the draft economic analysis as soon as
it is completed, at which time we will
seek public review and comment. At
that time, copies of the draft economic
analysis will be available for
downloading from the Internet at
https://www.regulations.gov, or by
contacting the Panama City, FL, Fish
and Wildlife Office directly (see FOR
FURTHER INFORMATION CONTACT section).
During the development of a final
designation, we will consider economic
impacts, public comments, and other
new information, and areas may be
excluded from the final critical habitat
designation under section 4(b)(2) of the
Act and our implementing regulations at
50 CFR 424.19.
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National Security Impacts
Under section 4(b)(2) of the Act, we
consider whether there are lands owned
or managed by the Department of
Defense where a national security
impact might exist. In preparing this
proposal, we have determined that some
lands owned by the Department of
Defense (Fort Rucker Army Aviation
Center) are within the proposed
designation of critical habitat for these
eight mussels. However, this installation
has a completed INRMP that provides
for the conservation of aquatic fish and
wildlife and their habitats, and therefore
stream sections within the installation
are already exempted from the
definition of critical habitat under
Section 4(a)(3)(B)(i) (see Exemptions
above) so that there is no need to
propose them for exclusion under
Section 4(b)(2) based on national
security impact. We have also proposed
portions of the Yellow and Shoal Rivers
that form the northwestern boundary of
Eglin Air Force Base as critical habitat.
However, these rivers are adjacent to the
installation and not owned by the
Department of Defense. Therefore, we
do not propose to exclude them under
Section 4(b)(2) based on national
security concerns.
Other Relevant Impacts
Under section 4(b)(2) of the Act, we
consider any other relevant impacts, in
addition to economic impacts and
impacts on national security. We
consider a number of factors, including
whether the landowners have developed
any HCPs or other management plans
for the area, or whether there are
conservation partnerships that would be
encouraged by designation of, or
exclusion from, critical habitat. In
addition, we look at any tribal issues,
and consider the government-togovernment relationship of the United
States with tribal entities. We also
consider any social impacts that might
occur because of the designation.
In preparing this proposal, we have
determined that there are currently no
HCPs or other management plans for the
Alabama pearlshell, round ebonyshell,
southern sandshell, southern
kidneyshell, Choctaw bean, tapered
pigtoe, narrow pigtoe, and fuzzy pigtoe,
and the proposed designation does not
include any tribal lands or trust
resources. We anticipate no impact on
tribal lands, partnerships, or HCPs from
this proposed critical habitat
designation. Accordingly, the Secretary
does not propose to exert his discretion
to exclude any areas from the final
designation based on other relevant
impacts.
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Peer Review
Regulatory Flexibility Act
In accordance with our joint policy on
peer review published in the Federal
Register on July 1, 1994 (59 FR 34270),
we will seek the expert opinions of at
least three appropriate and independent
specialists regarding this proposed rule.
The purpose of peer review is to ensure
that our critical habitat designation is
based on scientifically sound data,
assumptions, and analyses. We have
invited these peer reviewers to comment
during this public comment period on
our specific assumptions and
conclusions in this proposed
designation of critical habitat.
We will consider all comments and
information received during this
comment period on this proposed rule
during our preparation of a final
determination. Accordingly, the final
decision may differ from this proposal.
Under the Regulatory Flexibility Act
(RFA; 5 U.S.C. 601 et seq., as amended
by the Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996), whenever an agency must
publish a notice of rulemaking for any
proposed or final rule, it must prepare
and make available for public comment
a regulatory flexibility analysis that
describes the effects of the rule on small
entities (small businesses, small
organizations, and small government
jurisdictions). However, no regulatory
flexibility analysis is required if the
head of the agency certifies the rule will
not have a significant economic impact
on a substantial number of small
entities. The SBREFA amended RFA to
require Federal agencies to provide a
statement of the factual basis for
certifying that the rule will not have a
significant economic impact on a
substantial number of small entities.
At this time, we lack the available
economic information necessary to
provide an adequate factual basis for the
required RFA finding. Therefore, we
defer the RFA finding until completion
of the draft economic analysis prepared
under section 4(b)(2) of the Act and E.O.
12866. This draft economic analysis will
provide the required factual basis for the
RFA finding. Upon completion of the
draft economic analysis, we will
announce availability of the draft
economic analysis of the proposed
designation in the Federal Register and
reopen the public comment period for
the proposed designation. We will
include with this announcement, as
appropriate, an initial regulatory
flexibility analysis or a certification that
the rule will not have a significant
economic impact on a substantial
number of small entities accompanied
by the factual basis for that
determination. This includes
information on hydroelectric generation,
transportation, mining, permitted
discharges, as well as other economic
factors within the Escambia, Yellow,
and Choctawhatchee River basins. We
have concluded that deferring the RFA
finding until completion of the draft
economic analysis is necessary to meet
the purposes and requirements of the
RFA. Deferring the RFA finding in this
manner will ensure that we make a
sufficiently informed determination
based on adequate economic
information and provide the necessary
opportunity for public comment.
Public Hearings
Section 4(b)(5) of the Act provides for
one or more public hearings on this
proposal, if requested. Requests must be
received within 45 days after the date of
publication of this proposed rule in the
Federal Register. Such requests must be
sent to the address shown in the
ADDRESSES section. We will schedule
public hearings on this proposal, if any
are requested, and announce the dates,
times, and places of those hearings, as
well as how to obtain reasonable
accommodations, in the Federal
Register and local newspapers at least
15 days before the hearing.
Required Determinations
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Regulatory Planning and Review—
Executive Order 12866
The Office of Management and Budget
(OMB) has determined that this rule is
not significant and has not reviewed
this proposed rule under Executive
Order 12866 (E.O. 12866). OMB bases
its determination upon the following
four criteria:
(1) Whether the rule will have an
annual effect of $100 million or more on
the economy or adversely affect an
economic sector, productivity, jobs, the
environment, or other units of the
government.
(2) Whether the rule will create
inconsistencies with other Federal
agencies’ actions.
(3) Whether the rule will materially
affect entitlements, grants, user fees,
loan programs, or the rights and
obligations of their recipients.
(4) Whether the rule raises novel legal
or policy issues.
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Unfunded Mandates Reform Act
In accordance with the Unfunded
Mandates Reform Act (2 U.S.C. 1501 et
seq.), we make the following findings:
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(a) This rule will not produce a
Federal mandate. In general, a Federal
mandate is a provision in legislation,
statute, or regulation that would impose
an enforceable duty upon State, local, or
tribal governments, or the private sector,
and includes both ‘‘Federal
intergovernmental mandates’’ and
‘‘Federal private sector mandates.’’
These terms are defined in 2 U.S.C.
658(5)–(7). ‘‘Federal intergovernmental
mandate’’ includes a regulation that
‘‘would impose an enforceable duty
upon State, local, or [T]ribal
governments’’ with two exceptions. It
excludes ‘‘a condition of Federal
assistance.’’ It also excludes ‘‘a duty
arising from participation in a voluntary
Federal program,’’ unless the regulation
‘‘relates to a then-existing Federal
program under which $500,000,000 or
more is provided annually to State,
local, and [T]ribal governments under
entitlement authority,’’ if the provision
would ‘‘increase the stringency of
conditions of assistance’’ or ‘‘place caps
upon, or otherwise decrease, the Federal
Government’s responsibility to provide
funding,’’ and the State, local, or tribal
governments ‘‘lack authority’’ to adjust
accordingly. At the time of enactment,
these entitlement programs were:
Medicaid; AFDC work programs; Child
Nutrition; Food Stamps; Social Services
Block Grants; Vocational Rehabilitation
State Grants; Foster Care, Adoption
Assistance, and Independent Living;
Family Support Welfare Services; and
Child Support Enforcement. ‘‘Federal
private sector mandate’’ includes a
regulation that ‘‘would impose an
enforceable duty upon the private
sector, except (i) A condition of Federal
assistance or (ii) a duty arising from
participation in a voluntary Federal
program.’’
The designation of critical habitat
does not impose a legally binding duty
on non-Federal entities or private
parties. Under the Act, the only
regulatory effect is that Federal agencies
must ensure that their actions do not
destroy or adversely modify critical
habitat under section 7. While nonFederal entities that receive Federal
funding, assistance, or permits, or that
otherwise require approval or
authorization from a Federal agency for
an action, may be indirectly impacted
by the designation of critical habitat, the
legally binding duty to avoid
destruction or adverse modification of
critical habitat rests squarely on the
Federal agency. Furthermore, to the
extent that non-Federal entities are
indirectly impacted because they
receive Federal assistance or participate
in a voluntary Federal aid program, the
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Unfunded Mandates Reform Act would
not apply, nor would critical habitat
shift the costs of the large entitlement
programs listed above onto State
governments.
(b) We do not believe that the
proposed designation of critical habitat
for the Alabama pearlshell, round
ebonyshell, southern kidneyshell,
southern sandshell, Choctaw bean,
tapered pigtoe, narrow pigtoe, and fuzzy
pigtoe will significantly or uniquely
affect small governments because these
mussel species occur primarily in Stateowned river channels, or in remote
privately owned stream channels. As
such, a Small Government Agency Plan
is not required. We will, however,
further evaluate this issue as we
conduct our economic analysis and
revise this assessment if appropriate.
Takings
In accordance with E.O. 12630
(Government Actions and Interference
with Constitutionally Protected Private
Property Rights), we have analyzed the
potential takings implications of
designating critical habitat for the
Alabama pearlshell, round ebonyshell,
southern sandshell, southern
kidneyshell, Choctaw bean, tapered
pigtoe, narrow pigtoe, and fuzzy pigtoe
in a takings implications assessment.
The takings implications assessment
concludes that this designation of
critical habitat for the eight species does
not pose significant takings implications
for lands within or affected by the
designation.
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Federalism
In accordance with E.O. 13132
(Federalism), this proposed rule does
not have significant Federalism effects.
A Federalism assessment is not
required. In keeping with Department of
the Interior and Department of
Commerce policy, we requested
information from, and coordinated
development of, this proposed critical
habitat designation with appropriate
State resource agencies in Alabama and
Florida. The designation may have some
benefit to these governments because
the areas that contain the physical and
biological features essential to the
conservation of the species are more
clearly defined, and the features of the
habitat necessary to the conservation of
the species are specifically identified.
This information does not alter where
and what federally sponsored activities
may occur. However, it may assist local
governments in long-range planning
(rather than having them wait for caseby-case section 7 consultations to
occur).
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Where State and local governments
require approval or authorization from a
Federal agency for actions that may
affect critical habitat, consultation
under section 7(a)(2) would be required.
While non-Federal entities that receive
Federal funding, assistance, or permits,
or that otherwise require approval or
authorization from a Federal agency for
an action, may be indirectly impacted
by the designation of critical habitat, the
legally binding duty to avoid
destruction or adverse modification of
critical habitat rests squarely on the
Federal agency.
Civil Justice Reform
In accordance with E.O. 12988 (Civil
Justice Reform), the Office of the
Solicitor has determined that the rule
does not unduly burden the judicial
system and that it meets the
requirements of sections 3(a) and 3(b)(2)
of the Order. We have proposed
designating critical habitat in
accordance with the provisions of the
Act. This proposed rule uses standard
property descriptions and identifies the
physical and biological features within
the designated areas to assist the public
in understanding the habitat needs of
the Alabama pearlshell, round
ebonyshell, southern kidneyshell,
southern sandshell, Choctaw bean,
tapered pigtoe, narrow pigtoe, and fuzzy
pigtoe.
Paperwork Reduction Act of 1995
This rule does not contain any new
collections of information that require
approval by OMB under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). This rule will not impose
recordkeeping or reporting requirements
on State or local governments,
individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
National Environmental Policy Act
(NEPA)
It is our position that, outside the
jurisdiction of the U.S. Court of Appeals
for the Tenth Circuit, we do not need to
prepare environmental analyses as
defined by NEPA (42 U.S.C. 4321 et
seq.) in connection with listing a species
or designating critical habitat under the
Act. We published a notice outlining
our reasons for this determination in the
Federal Register on October 25, 1983
(48 FR 49244). This position was upheld
by the U.S. Court of Appeals for the
Ninth Circuit (Douglas County v.
Babbitt, 48 F.3d 1495 (9th Cir. 1995),
cert. denied 516 U.S. 1042 (1996)).
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Clarity of the Rule
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the ADDRESSES
section. To better help us revise the
rule, your comments should be as
specific as possible. For example, you
should tell us the numbers of the
sections or paragraphs that are unclearly
written, which sections or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
Government-to-Government Relations
with Native American Tribal
Governments (59 FR 22951), E.O. 13175,
and the Department of the Interior’s
manual at 512 DM 2, we readily
acknowledge our responsibility to
communicate meaningfully with
recognized Federal Tribes on a
government-to-government basis. In
accordance with Secretarial Order 3206
of June 5, 1997 (American Indian Tribal
Rights, Federal-Tribal Trust
Responsibilities, and the Endangered
Species Act), we readily acknowledge
our responsibilities to work directly
with Tribes in developing programs for
healthy ecosystems, to acknowledge that
tribal lands are not subject to the same
controls as Federal public lands, to
remain sensitive to Indian culture, and
to make information available to Tribes.
We have determined that there are no
Tribal lands occupied at the time of
listing that contain the features essential
for the conservation of, and no Tribal
lands that are essential for the
conservation of, these eight species.
Therefore, we have not proposed
designation of critical habitat for any of
the eight species on Tribal lands.
Energy Supply, Distribution, or Use
On May 18, 2001, the President issued
an Executive Order (E.O. 13211; Actions
Concerning Regulations That
Significantly Affect Energy Supply,
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Distribution, or Use) on regulations that
significantly affect energy supply,
distribution, and use. E.O. 13211
requires agencies to prepare Statements
of Energy Effects when undertaking
certain actions. We do not expect the
designation of critical habitat for the
Alabama pearlshell, round ebonyshell,
southern sandshell, southern
kidneyshell, Choctaw bean, tapered
pigtoe, narrow pigtoe, or fuzzy pigtoe to
significantly affect energy supplies,
distribution, or use. Although one of the
proposed units is below hydropower
reservoirs, current and proposed
operating regimes have been deemed
adequate for the species, and therefore
their operations will not be affected by
the proposed listing or designation of
critical habitat. As discussed in the
‘‘Summary of Factors Affecting the
Species’’ section, there is a large
concentration of oil wells located in
Conecuh and Escambia Counties,
Alabama. Although this activity
primarily affects Units AP2 and GCM1,
we do not believe it is a significant
threat to the species discussed in this
rule. All other proposed units are
remote from energy supply, distribution,
or use activities. Therefore, this action
is not a significant energy action, and no
Statement of Energy Effects is required.
However, we will further evaluate this
issue as we conduct our economic
analysis, and review and revise this
assessment as warranted.
References Cited
A complete list of references cited is
available on the Internet at https://
www.regulations.gov and upon request
from the Panama City Field Office (see
FOR FURTHER INFORMATION CONTACT).
Accordingly, we propose to amend
part 17, subchapter B of chapter I, title
50 of the Code of Federal Regulations,
as set forth below:
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17
continues to read as follows:
Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.
Author(s)
The primary author of this package is
Sandra Pursifull of the Panama City, FL,
Fish and Wildlife Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
2. Amend § 17.11(h) by adding:
‘‘bean, Choctaw,’’ ‘‘ebonyshell,
round,’’ ‘‘kidneyshell, southern,’’
‘‘pearlshell, Alabama’’, ‘‘pigtoe, fuzzy’’,
‘‘pigtoe, narrow’’, ‘‘pigtoe, tapered’’, and
‘‘sandshell, southern’’ in alphabetical
order under ‘‘CLAMS’’ to the List of
Endangered and Threatened Wildlife to
read as follows:
§ 17.11 Endangered and threatened
wildlife.
Species
(h) * * *
Vertebrate
population
where
endangered or
threatened
CLAMS
*
...................................................
*
....................
*
*
bean, Choctaw ..........................
*
Villosa choctawensis ................
*
U.S.A. (AL,
FL)
*
Fusconaia rotulata ....................
*
U.S.A. (AL,
FL)
*
Ptychobranchus jonesi .............
*
U.S.A. (AL,
FL)
*
Margaritifera marrianae ............
*
U.S.A. (AL)
*
Pleurobema strodeanum ..........
*
U.S.A. (AL,
FL)
*
Fusconaia escambia ................
*
U.S.A. (AL,
FL)
*
Fusconaia burkei ......................
*
U.S.A. (AL,
FL)
*
Hamiota australis ......................
*
U.S.A. (AL,
FL)
E
*
....................
*
17.95(f)
NA
E
*
....................
*
17.95(f)
NA
E
*
....................
*
17.95(f)
NA
E
*
....................
*
17.95(f)
NA
T
*
....................
*
17.95(f)
NA
T
*
....................
*
17.95(f)
NA
T
*
....................
*
17.95(f)
NA
E
*
....................
*
17.95(f)
NA
NA
*
*
sandshell, southern ...................
.......
NA
*
*
pigtoe, tapered ..........................
*
....................
NA
*
*
pigtoe, narrow ...........................
*
....................
NA
*
*
pigtoe, fuzzy ..............................
Special
rules
NA
*
*
pearlshell, Alabama ..................
Critical
habitat
NA
*
*
kidneyshell, southern ................
When listed
NA
*
*
ebonyshell, round ......................
Status
....................
Scientific name
Historic
range
NA
Common name
*
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3. In § 17.95, amend paragraph (f) by
adding an entry for ‘‘eight mussel
species in four northeastern Gulf of
Mexico drainages’’ and in the same
alphabetical order that the species
appears in the table at § 17.11(h), to read
as follows:
§ 17.95
Critical habitat—fish and wildlife.
*
*
*
*
(f) Clams and Snails.
*
*
*
*
*
Eight mussel species in three
northeast Gulf of Mexico drainages: the
Choctaw bean (Villosa choctawensis),
round ebonyshell (Fusconaia rotulata),
southern kidneyshell (Ptychobranchus
jonesi), Alabama pearlshell
(Margaritifera marrianae), fuzzy pigtoe
(Pleurobema strodeanum), narrow
pigtoe (Fusconaia escambia), tapered
pigtoe (Fusconaia burkei), and southern
sandshell (Hamiota australis).
(1) Critical habitat units are
designated in the following counties:
(i) Alabama. Barbour, Bullock, Butler,
Coffee, Conecuh, Covington, Crenshaw,
Dale, Escambia, Geneva, Henry,
Houston, Monroe, and Pike Counties.
(ii) Florida. Bay, Escambia, Holmes,
Jackson, Okaloosa, Santa Rosa, Walton,
and Washington Counties.
(2) The primary constituent elements
of critical habitat for the Alabama
pearlshell, round ebonyshell, southern
sandshell, southern kidneyshell,
Choctaw bean, tapered pigtoe, narrow
pigtoe, and fuzzy pigtoe are:
(i) Geomorphically stable stream and
river channels and banks (channels that
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maintain lateral dimensions,
longitudinal profiles, and sinuosity
patterns over time without an aggrading
or degrading bed elevation.
(ii) Stable substrates of sand or
mixtures of sand with clay or gravel
with low to moderate amounts of fine
sediment and attached filamentous
algae.
(iii) A hydrologic flow regime (the
magnitude, frequency, duration, and
seasonality of discharge over time)
necessary to maintain benthic habitats
where the species are found; and to
maintain connectivity of rivers with the
floodplain, allowing the exchange of
nutrients and sediment for habitat
maintenance, food availability, and
spawning habitat for native fishes.
(iv) Water quality, including
temperature (not greater than 32 °C), pH
(between 6.0 to 8.5), oxygen content (not
less than 5.0 mg/L), hardness, turbidity,
and other chemical characteristics
necessary for normal behavior, growth,
and viability of all life stages.
(v) The presence of fish hosts. Diverse
assemblages of native fish species will
serve as a potential indication of host
fish presence until appropriate host
fishes can be identified. For the fuzzy
pigtoe and tapered pigtoe, the presence
of blacktail shiner (Cyprinella venusta)
will serve as a potential indication of
fish host presence.
(3) Critical habitat does not include
manmade structures (such as buildings,
aqueducts, runways, dams, roads, and
other paved areas) and the land on
which they are located existing within
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the legal boundaries on the effective
date of this rule, with the exception of
the impoundments created by Point A
and Gantt Lake dams (impounded
water, not the actual dam structures).
(4) Critical habitat map units. Data
layers defining map units were created
with USGS National Hydrography
Dataset (NHD) GIS data. The 1:100,000
river reach (route) files were used to
calculate river kilometers and miles.
ESRIs ArcGIS 9.3.1 software was used to
determine longitude and latitude
coordinates using decimal degrees. The
projection used in mapping all units
was Universal Transverse Mercator
(UTM), NAD 83, Zone 16 North. The
following data sources were referenced
to identify features (like roads and
streams) used to delineate the upstream
and downstream extents of critical
habitat units: NHD data, Washington
County USFWS National Wetlands
Inventory, 1999 Florida Department of
Transportation Roads Characteristics
Inventory (RCI) dataset, U.S. Census
Bureau 2000 TIGER line waterbody
data, ESRIs World Street Map Service,
Florida Department of Transportation
General Highway Maps, DeLorme Atlas
and Gazetteers, and USGS 7.5 minute
topographic maps.
(5) Note: Index map of critical habitat
units for the Alabama pearlshell, and
index map of critical habitat units for
the round ebonyshell, southern
sandshell, southern kidneyshell,
Choctaw bean, tapered pigtoe, narrow
pigtoe, and fuzzy pigtoe follows:
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(6) Unit AP1: Big Flat Creek Drainage,
Monroe and Wilcox Counties, AL. This
unit is critical habitat for the Alabama
pearlshell.
(i) The unit includes the mainstem of
Big Flat Creek from Hwy 41 upstream 56
km (35 mi), Monroe County, AL; Flat
Creek from its confluence with Big Flat
Creek upstream 20 km (12 mi), Monroe
County, AL; and Dailey Creek from its
confluence Flat Creek upstream 17 km
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(11mi), Monroe and Wilcox Counties,
AL.
(ii) Note: Map of Unit AP1, Big Flat
Creek Drainage, and Unit AP2, Burnt
Corn Creek, Murder Creek, and Sepulga
River Drainages, are combined and
follows the Unit AP2 description.
(7) Unit AP2: Burnt Corn Creek,
Murder Creek, and Sepulga River
Drainages, Escambia and Conecuh
Counties, AL. This unit is critical
habitat for the Alabama pearlshell.
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(i) The unit includes the mainstem of
Burnt Corn Creek from its confluence
with Murder Creek upstream 66 km (41
mi), Conecuh County, AL; the mainstem
of Murder Creek from its confluence
with Jordan Creek upstream 17 km (11
mi) to the confluence of Otter Creek,
Conecuh County, AL; Jordan Creek from
its confluence with Murder Creek
upstream 12 km (7 mi), Conecuh
County, AL; Otter Creek from its
confluence with Murder Creek,
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other from it confluence with the
previous unnamed tributary upstream
2.5 km (1.5 mi) to just above Hagood
Road; Little Cedar Creek from County
Road 6 upstream 8 km (5 mi), Conecuh
County, AL; Amos Mill Creek from its
confluence with the Sepulga River
upstream 12 km (8 mi), Escambia and
Conecuh Counties, AL; Polly Creek from
its confluence with Amos Mill Creek
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upstream 3 km (2 mi), Conecuh County,
AL; and Bottle Creek from its
confluence with the Sepulga River
upstream 5.5 km (3.5 mi) to County
Road 42, Conecuh County, AL.
(ii) Note: Map of Unit AP1, Big Flat
Creek Drainage, and Unit AP2, Burnt
Corn Creek, Murder Creek, and Sepulga
River Drainages, follows:
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upstream 9 km (5.5 mi), Conecuh
County, AL; Hunter Creek from its
confluence with Murder Creek upstream
8 km (5 mi), Conecuh County, AL;
Sandy Creek from County Road 29
upstream 5 km (3.5 mi), Conecuh
County, AL; two unnamed tributaries to
Sandy Creek—one from its confluence
with Sandy Creek upstream 8.5 km (5.0
mi) to just above Hagood Road and the
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(8) Unit GCM1: Lower Escambia River
Drainage in Escambia and Santa Rosa
Counties, FL, and Escambia, Covington,
Conecuh, and Butler Counties, AL. This
unit is critical habitat for the round
ebonyshell, southern sandshell,
southern kidneyshell, Choctaw bean,
narrow pigtoe, and fuzzy pigtoe.
(i) The unit includes the EscambiaConecuh River mainstem from the
confluence of Spanish Mill Creek
Escambia and Santa Rosa Counties, FL
upstream 204 km (127 mi) to the Point
A Lake dam, Covington County, AL;
Murder Creek from its confluence with
the Conecuh River, Escambia County,
AL upstream 62 km (38 mi) to the
confluence of Cane Creek, Conecuh
County, AL; Burnt Corn Creek from its
confluence with Murder Creek,
Escambia County, AL, upstream 59 km
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(37 mi) to County Road 20, Conecuh
County, AL; Jordan Creek from its
confluence with Murder Creek,
upstream 5.5 km (3.5 mi) to Interstate
65, Conecuh County, AL; Mill Creek
from its confluence with Murder Creek
upstream 2.5 km (1.5 mi) to the
confluence of Sandy Creek, Conecuh
County, AL; Sandy Creek from its
confluence with Mill Creek upstream
5.5 km (3.5 mi) to County Road 29,
Conecuh County, AL; Sepulga River
from its confluence with the Conecuh
River upstream 69 km (43 mi) to the
confluence of Persimmon Creek,
Conecuh County, AL; Bottle Creek from
its confluence with the Sepulga River
upstream 5.5 km (3.5 mi) to County
Road 42, Conecuh County, AL;
Persimmon Creek from its confluence
with the Sepulga River, Conecuh
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County upstream 36 km (22 mi) to the
confluence of Mashy Creek, Butler
County, AL; Panther Creek from its
confluence with Persimmon Creek
upstream 11 km (7 mi) to State Route
106, Butler County, AL; Pigeon Creek
from its confluence with the Sepulga
River, Conecuh and Covington Counties
upstream 89 km (55 mi) to the
confluence of Three Run Creek, Butler
County, AL; and Three Run Creek from
its confluence with Pigeon Creek
upstream 9 km (5.5 mi) to the
confluence of Spring Creek, Butler
County, AL.
(ii) Note: Map of Unit GCM1, Lower
Escambia River, follows (to preserve
detail, the map is divided into south
and north sections):
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(9) Unit GCM2: Point A Lake and
Gantt Lake Reservoirs in Covington
County, AL. This unit is critical habitat
for the narrow pigtoe.
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(i) The unit extends from Point A
Dam, Covington County, upstream 21
km (13 mi) to the Covington-Crenshaw
County line, AL.
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(ii) Note: Map of Unit GCM2, Point A
Lake and Gantt Lake Reservoirs, follows:
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(10) Unit GCM3: Patsaliga Creek
Drainage in Covington, Crenshaw, and
Pike Counties, AL. The Patsaliga Creek
drainage is within the Escambia River
basin. This unit is critical habitat for the
southern sandshell, southern
kidneyshell, Choctaw bean, narrow
pigtoe, and fuzzy pigtoe.
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(i) The unit includes Patsaliga Creek
from its confluence with Point A Lake
at County Road 59, Covington County,
AL, upstream 108 km (67 mi) to
Crenshaw County Road 66–Pike County
Road 1, AL; Little Patsaliga Creek from
its confluence with Patsaliga Creek
upstream 28 km (17 mi) to Mary Daniel
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61521
Road, Crenshaw County, AL; and
Olustee Creek from its confluence with
Patsaliga Creek upstream 12 km (8 mi)
to County Road 5, Pike County, AL.
(ii) Note: Map of Unit GCM3, Patsaliga
Creek Drainage follows:
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(11) Unit GCM4: Upper Escambia
River Drainage in Covington, Crenshaw,
Pike, and Bullock Counties, AL. This
unit is critical habitat for the southern
sandshell, southern kidneyshell,
Choctaw bean, narrow pigtoe, and fuzzy
pigtoe.
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(i) The unit includes the Conecuh
River from its confluence with Gantt
Lake reservoir at the CovingtonCrenshaw County line upstream 126 km
(78 mi) to County Road 8, Bullock
County, AL; Beeman Creek from its
confluence with the Conecuh River
upstream 6.5 km (4 mi) to the
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confluence of Mill Creek, Pike County,
AL; and Mill Creek from its confluence
with Beeman Creek, upstream 4.5 km (3
mi) to County Road 13, Pike County,
AL.
(ii) Note: Map of Unit GCM 4, Upper
Escambia River Drainage, follows:
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(12) Unit GCM5: Yellow River
Drainage in Santa Rosa, Okaloosa, and
Walton Counties, FL; and Covington
County, AL. This unit is critical habitat
for the southern sandshell, Choctaw
bean, narrow pigtoe, and fuzzy pigtoe.
(i) The unit includes the Yellow River
mainstem from the confluence of
Weaver River, (a distributary located 0.9
km (0.6 mi) downstream of State Route
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87), Santa Rosa County, FL, upstream
157 km (97 mi) to County Road 42,
Covington County, AL; the Shoal River
mainstem from its confluence with the
Yellow River upstream 51 km (32 mi) to
the confluence of Mossy Head Branch,
Walton County, FL; Pond Creek from its
confluence with the Shoal River
upstream 24 km (15 mi) to the
confluence of Fleming Creek, Walton
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County, FL; Five Runs Creek from its
confluence with the Yellow River
upstream 15 km (9.5 mi) to County Road
31, Covington County, AL; and Hollis
Creek from its confluence with the
Yellow River upstream 5.5 km (3.5 mi)
to County Road 42, Covington County,
AL.
(ii) Note: Map of Unit GCM5, Yellow
River Drainage, follows:
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(13) Unit GCM6: Choctawhatchee
River and Lower Pea River Drainages in
Walton, Washington, Bay, Holmes, and
Jackson Counties, FL; and Geneva,
Coffee, Dale, Houston, Henry, Pike, and
Barbour Counties, AL. This unit is
critical habitat for the southern
sandshell, southern kidneyshell,
Choctaw bean, tapered pigtoe, and fuzzy
pigtoe.
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(i) The unit includes the
Choctawhatchee River mainstem from
the confluence of Pine Log Creek,
Walton County, FL upstream 200 km
(125 mi) to the point the river splits into
the West Fork Choctawhatchee and East
Fork Choctawhatchee Rivers, Barbour
County, AL; Pine Log Creek from its
confluence with the Choctawhatchee
River, Walton County upstream 19 km
(12 mi) to Ditch Branch, Washington
and Bay Counties, FL; an unnamed
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channel forming Cowford Island from
its downstream confluence with the
Choctawhatchee River upstream 3 km (2
mi) to its upstream confluence with the
river, Washington County, FL; Crews
Lake from its western terminus 1.5 km
(1 mi) to its eastern terminus,
Washington County, FL (Crews Lake is
a relic channel southwest of Cowford
Island, and is disconnected from the
Cowford Island channel, except during
high flows); Holmes Creek from its
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confluence with the Choctawhatchee
River, Washington County, FL upstream
98 km (61 mi) to County Road 4, Geneva
County, AL; Alligator Creek from its
confluence with Holmes Creek upstream
6.5 km (4 mi) to County Road 166,
Washington County, FL; Bruce Creek
from its confluence with the
Choctawhatchee River upstream 25 km
(16 mi) to the confluence of an unnamed
tributary, Walton County, FL; Sandy
Creek from its confluence with the
Choctawhatchee River, upstream 30 km
(18 mi) to the confluence of West Sandy
Creek, Holmes and Walton Counties, FL;
Blue Creek from its confluence with
Sandy Creek, upstream 7 km (4.5 mi) to
the confluence of Goose Branch, Holmes
County, FL; West Sandy Creek from its
confluence with Sandy Creek, upstream
5.5 km (3.5 mi) to the confluence of an
unnamed tributary, Walton County, FL;
Wrights Creek from its confluence with
the Choctawhatchee River, Holmes
County, FL, upstream 43 km (27 mi) to
County Road 4, Geneva County, AL;
Tenmile Creek from its confluence with
Wrights Creek upstream 6 km (3.5 mi)
to the confluence of Rice Machine
Branch, Holmes County, FL; West
Pittman Creek from its confluence with
the Choctawhatchee River, upstream 6.5
km (4 mi) to Fowler Branch, Holmes
County, FL; East Pittman Creek from its
confluence with the Choctawhatchee
River upstream 4.5 km (3 mi) to County
Road 179, Holmes County, FL; Parrot
Creek from its confluence with the
Choctawhatchee River upstream 6 km (4
mi) to Tommy Lane, Holmes County,
FL; the Pea River from its confluence
with the Choctawhatchee River, Geneva
County upstream 91 km (57 mi) to the
Elba Dam, Coffee County, AL;
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Limestone Creek from its confluence
with the Pea River upstream 8.5 km (5
mi) to Woods Road, Walton County, FL;
Flat Creek from the Pea River upstream
17 km (10 mi) to the confluence of
Panther Creek, Geneva County, AL;
Eightmile Creek from its confluence
with Flat Creek, Geneva County, AL
upstream 15 km (9 mi) to the confluence
of Dry Branch (first tributary upstream
of County Road 181), Walton County,
FL; Corner Creek from its confluence
with Eightmile Creek, upstream 5 km (3
mi) to State Route 54, Geneva County,
AL; Natural Bridge Creek from its
confluence with Eightmile Creek,
Geneva County, AL, upstream 4 km (2.5
mi) to the Covington-Geneva County
line, AL; Double Bridges Creek from the
Choctawhatchee River, Geneva County
upstream 46 km (29 mi) to the
confluence of Blanket Creek, Coffee
County, AL; Claybank Creek from the
Choctawhatchee River, Geneva County
upstream 22 km (14 mi) to the Fort
Rucker military reservation southern
boundary, Dale County, AL; Claybank
Creek from the Fort Rucker military
reservation northern boundary,
upstream 6 km (4 mi) to County Road
36, Dale County, AL; Steep Head Creek
from the Fort Rucker military
reservation western boundary, upstream
4 km (2.5 mi) to County Road 156,
Coffee County, AL; Hurricane Creek
from its confluence with the
Choctawhatchee River upstream 14 km
(8.5 mi) to State Route 52, Geneva
County, AL; Little Choctawhatchee
River from its confluence with the
Choctawhatchee River, Dale and
Houston Counties upstream 20 km (13
mi) to the confluence of Newton Creek,
Houston County, AL; Panther Creek
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61525
from its confluence with Little
Choctawhatchee River, upstream 4.5 km
(2.5 mi) to the confluence of Gilley Mill
Branch, Houston County, AL; Bear
Creek from its confluence with the Little
Choctawhatchee River, upstream 5.5 km
(3.5 mi) to County Road 40 (Fortner
Street), Houston County, AL; West Fork
Choctawhatchee River from its
confluence with the Choctawhatchee
River, Dale County upstream 54 km (33
mi) to the fork of Pauls Creek and
Lindsey Creek, Barbour County, AL;
Judy Creek from its confluence with
West Fork Choctawhatchee River
upstream 17 km (11 mi) to County Road
13, Dale County, AL; Sikes Creek from
its confluence with West Fork
Choctawhatchee River Dale County
upstream 8.5 km (5.5 mi) to State Route
10, Barbour County, AL; Pauls Creek
from its confluence with West Fork
Choctawhatchee River upstream 7 km
(4.5 mi) to one mile upstream of County
Road 20, Barbour County, AL; Lindsey
Creek from its confluence with West
Fork Choctawhatchee River upstream 14
km (8.5 mi) to the confluence of an
unnamed tributary, Barbour County, AL;
an unnamed tributary to Lindsey Creek
from its confluence with Lindsey Creek
upstream 2.5 km (1.5 mi) to 1.0 mile
upstream of County Road 53, Barbour
County, AL; and East Fork
Choctawhatchee River from its
confluence with Choctawhatchee River,
Dale County upstream 71 km (44 mi) to
County Road 71, Barbour County, AL.
(ii) Note: Map of Unit GCM6,
Choctawhatchee River and Lower Pea
River Drainages, follows (to preserve
detail, the map is divided into south,
central, and north sections):
BILLING CODE 4310–55–P
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(16) Unit GCM7: Upper Pea River
Drainage in Coffee, Dale, Pike, Barbour,
and Bullock Counties, AL. The Pea
River drainage is within the
Choctawhatchee River Basin. This unit
is critical habitat for the southern
sandshell, southern kidneyshell,
Choctaw bean, tapered pigtoe, and fuzzy
pigtoe.
(i) The unit includes the Pea River
mainstem from the Elba dam, Coffee
County upstream 123 km (76 mi) to
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State Route 239, Bullock and Barbour
Counties, AL; Whitewater Creek from its
confluence with the Pea River, Coffee
County upstream 45 km (28 mi) to the
confluence of Walnut Creek, Pike
County, AL; Walnut Creek from its
confluence with Whitewater Creek
upstream 14 km (9 mi) to County Road
26, Pike County, AL; Big Creek (Coffee
County Big Creek) from its confluence
with Whitewater Creek, Coffee County
upstream 30 km (18 mi) to the
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confluence of Smart Branch, Pike
County, AL; Big Creek (Barbour County
Big Creek) from its confluence with the
Pea River upstream 10 km (6 mi) to the
confluence of Sand Creek, Barbour
County, AL; Pea Creek from its
confluence with the Pea River upstream
6 km (4 mi) to the confluence of
Hurricane Creek, Barbour County, AL;
and Big Sandy Creek from its
confluence with the Pea River upstream
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(ii) Note: Map of Unit GCM7, Upper
Pea River Drainage, follows:
*
Dated: September 7, 2011.
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife
Service.
*
*
*
*
[FR Doc. 2011–24519 Filed 10–3–11; 8:45 am]
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6.5 km (4 mi) to County Road 14,
Bullock County, AL.
61529
Agencies
[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Proposed Rules]
[Pages 61482-61529]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24519]
[[Page 61481]]
Vol. 76
Tuesday,
No. 192
October 4, 2011
Part II
Department of the Interior
-----------------------------------------------------------------------
Fish and Wildlife Service
-----------------------------------------------------------------------
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Endangered Status for
the Alabama Pearlshell, Round Ebonyshell, Southern Sandshell, Southern
Kidneyshell, and Choctaw Bean, and Threatened Status for the Tapered
Pigtoe, Narrow Pigtoe, and Fuzzy Pigtoe; with Critical Habitat;
Proposed Rule
Federal Register / Vol. 76 , No. 192 / Tuesday, October 4, 2011 /
Proposed Rules
[[Page 61482]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R4-ES-2011-0050; MO 92210-0-0008-B2]
RIN 1018-AW92
Endangered and Threatened Wildlife and Plants; Endangered Status
for the Alabama Pearlshell, Round Ebonyshell, Southern Sandshell,
Southern Kidneyshell, and Choctaw Bean, and Threatened Status for the
Tapered Pigtoe, Narrow Pigtoe, and Fuzzy Pigtoe; With Critical Habitat
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, propose to list the
Alabama pearlshell (Margaritifera marrianae), round ebonyshell
(Fusconaia rotulata), southern sandshell (Hamiota australis), southern
kidneyshell (Ptychobranchus jonesi), and Choctaw bean (Villosa
choctawensis) as endangered, and the tapered pigtoe (Fusconaia burkei),
narrow pigtoe (Fusconaia escambia), and fuzzy pigtoe (Pleurobema
strodeanum) as threatened, under the Endangered Species Act of 1973, as
amended (Act).
These eight species are endemic to portions of the Escambia River,
Yellow River, and Choctawhatchee River basins of Alabama and Florida;
and to localized portions of the Mobile River Basin in Alabama. These
mussel species have disappeared from other portions of their natural
ranges primarily due to habitat deterioration and poor water quality as
a result of excessive sedimentation and environmental contaminants.
We are also proposing to designate critical habitat under the Act
for these eight species. In total, approximately 2,406 (kilometers (km)
(1,495) miles (mi)) of stream and river channels fall within the
boundaries of the proposed critical habitat designation. The proposed
critical habitat is located in Bay, Escambia, Holmes, Jackson,
Okaloosa, Santa Rosa, Walton, and Washington Counties, FL; and Barbour,
Bullock, Butler, Coffee, Conecuh, Covington, Crenshaw, Dale, Escambia,
Geneva, Henry, Houston, Monroe, and Pike Counties, Alabama.
These proposals, if made final, would implement Federal protection
provided by the Act.
DATES: We will accept comments received or postmarked on or before
December 5, 2011. We must receive requests for public hearings, in
writing, at the address shown in the ADDRESSES section by November 18,
2011.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Keyword box, enter Docket No. FWS-R4-ES-
2011-0050, which is the docket number for this rulemaking. Then, in the
Search panel on the left side of the screen, under the Document Type
heading, click on the Proposed Rules link to locate this document. You
may submit a comment by clicking on ``Send a Comment or Submission.''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R4-ES-2011-0050; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
We will not accept e-mail or faxes. 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: Don Imm, Field Supervisor, U.S. Fish
and Wildlife Service, Panama City, FL, Fish and Wildlife Office, 1601
Balboa Avenue, Panama City, FL 32405; telephone 850-769-0552; facsimile
850-763-2177. 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 Alabama pearlshell (Margaritifera marrianae), round
ebonyshell (Fusconaia rotulata), southern sandshell (Hamiota
australis), southern kidneyshell (Ptychobranchus jonesi), and Choctaw
bean (Villosa choctawensis) as endangered, and the tapered pigtoe
(Fusconaia burkei), narrow pigtoe (Fusconaia escambia), and fuzzy
pigtoe (Pleurobema strodeanum) as threatened; and (2) proposed critical
habitat designations for the Alabama pearlshell, round ebonyshell,
southern sandshell, southern kidneyshell, Choctaw bean, tapered pigtoe,
narrow pigtoe, and fuzzy pigtoe.
Information Requested
We intend that any final action resulting from this proposed rule
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
parties concerning this proposed rule. We particularly seek comments
concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to these species and regulations that may
be addressing those threats.
(2) Additional information concerning the historical and current
status, range, distribution, and population size of any of these
species, including the locations of any additional populations.
(3) Any information on the biological or ecological requirements of
these species, and ongoing conservation measures for the species and
their habitat.
(4) Current or planned activities in the areas occupied by these
species and possible impacts of these activities on these species.
(5) The reasons why we should or should not designate habitat as
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et
seq.) including whether there are threats to these species from human
activity, the degree of which can be expected to increase due to the
designation, and whether that increase in threat outweighs the benefit
of designation such that the designation of critical habitat may not be
prudent.
(6) Specific information on:
(a) The amount and distribution of habitat for these eight mussels;
(b) What areas, that were occupied at the time of listing (or are
currently occupied) and that contain features essential to the
conservation of these species, should be included in the designation
and why;
(c) Special management considerations or protection that may be
needed in critical habitat areas we are proposing, including managing
for the potential effects of climate change; and
(d) What areas not occupied at the time of listing are essential
for the conservation of these species and why.
(7) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat.
(8) Information on the projected and reasonably likely impacts of
climate change on these species and proposed critical habitat.
(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 on small entities or families,
and the benefits of including
[[Page 61483]]
or excluding areas that exhibit these impacts.
(10) Whether any specific areas we are proposing for critical
habitat designation should be considered for exclusion under section
4(b)(2) of the Act, and whether the benefits of potentially excluding
any specific area outweigh the benefits of including that area under
section 4(b)(2) of the Act.
(11) 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.
Please note that submissions merely stating support for or
opposition to the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination, as section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is a threatened or endangered
species must be made ``solely on the basis of the best scientific and
commercial data available.''
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES.
If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the Web site. If your submission is made via a hardcopy
that includes 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. We
will post all hardcopy submissions on https://www.regulations.gov.
Please include sufficient information with your comments to allow us to
verify any scientific or commercial information you include.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Panama City, FL, Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT).
Previous Federal Actions
The Alabama pearlshell, round ebonyshell, southern sandshell,
southern kidneyshell, Choctaw bean, tapered pigtoe, narrow pigtoe, and
fuzzy pigtoe were first identified as candidates for protection under
the Act in the May 4, 2004, Federal Register (69 FR 24876). Candidate
species are assigned Listing Priority Numbers (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 the 2004, 2005 (70
FR 24870), 2006 (71 FR 53756), 2007 (72 FR 69034), 2008 (73 FR 75176),
2009 (74 FR 57869), and 2010 (75 FR 69221) Federal Register Candidate
Notices of Review, the Alabama pearlshell, round ebonyshell, and
southern kidneyshell were identified as LPN 2 candidate species; the
narrow pigtoe, southern sandshell, fuzzy pigtoe, and Choctaw bean were
identified as LPN 5 candidate species; and the tapered pigtoe was
identified as an LPN 11 candidate species. In our Notices of Review, we
determined that publication of a proposed rule to list these species
was precluded by our work on higher priority listing actions. These
eight species were included in a listing petition filed by the Center
for Biological Diversity on April 20, 2010. In a separate action, we
found the petition presented substantial information that the species
may be warranted for listing. Because we have already made the
equivalent 12-month finding on these species through our annual
candidate assessment and notice process, we have also made a
determination that the species warrant listing. Therefore, we have made
the requisite findings with regards to the April 20, 2010, petition.
Background
It is our intent to discuss only those topics directly relevant to
the listing of the Alabama pearlshell, round ebonyshell, southern
sandshell, southern kidneyshell, and Choctaw bean as endangered; and
the tapered pigtoe, narrow pigtoe and fuzzy pigtoe as threatened in
this section of the proposed rule. For information relevant to the
designation of critical habitat, see ``Critical Habitat'' section
below.
Introduction
North American freshwater mussel fauna is the richest in the world
and historically numbered around 300 species (Williams et al. 1993, p.
6). Freshwater mussels are in decline, however, and in the past century
have become more imperiled than any other group of organisms (Williams
et al. 2008, p. 55; Natureserve 2011). Approximately 66 percent of
North America's freshwater mussel species are considered vulnerable to
extinction or possibly extinct (Williams et al. 1993, p. 6). Within
North America, the southeastern United States is the hot spot for
mussel diversity. Seventy-five percent of southeastern mussel species
are in varying degrees of rarity or possibly extinct (Neves et al.
1997, pp. 47-51). The central reason for the decline of freshwater
mussels is the modification and destruction of their habitat,
especially from sedimentation, dams, and degraded water quality (Neves
et al. 1997, p. 60; Bogan 1998, p. 376). These eight mussels, like many
other southeastern mussel species, have undergone reductions in total
range and population density.
These eight species are all freshwater bivalve mussels of the
families Margaritiferidae and Unionidae. The Alabama pearlshell is a
member of the family Margaritiferidae, while the round ebonyshell,
southern sandshell, southern kidneyshell, Choctaw bean, tapered pigtoe,
narrow pigtoe, and fuzzy pigtoe belong to the family Unionidae. These
mussels are endemic to portions of three Coastal Plain rivers that
drain south-central and southeastern Alabama and northwestern Florida:
the Escambia (known as the Escambia River in Florida and the Conecuh
River in Alabama), the Yellow, and the Choctawhatchee. All three rivers
originate in Alabama and flow across the Florida panhandle before
emptying into the Gulf of Mexico, and are entirely contained within the
East Gulf Coastal Plain Physiographic Region. The Alabama pearlshell is
also known from three locations in the Mobile River Basin; however,
only one of those is considered to be currently occupied.
General Biology
Freshwater mussels generally live embedded in the bottom of rivers,
streams, and other bodies of water. They siphon water into their shells
and across four gills that are specialized for respiration and food
collection. Food items include detritus (disintegrated organic debris),
algae, diatoms, and bacteria (Strayer et al. 2004, pp. 430-431). Adults
are filter feeders and generally orient themselves on or near the
substrate surface to take in food and oxygen from the water column.
Juveniles typically burrow completely beneath the substrate surface and
are pedal (foot) feeders (bringing food particles inside the shell for
ingestion that adhere to the foot while it is extended outside the
shell) until the structures for filter feeding are more fully developed
(Yeager et al. 1994, pp. 200-221; Gatenby et al. 1996, p. 604).
Sexes in margaritiferid and unionid mussels are usually separate.
Males release sperm into the water column, which females take in
through their
[[Page 61484]]
siphons during feeding and respiration. Fertilization takes place
inside the shell. The eggs are retained in the gills of the female
until they develop into mature larvae called glochidia. The glochidia
of most freshwater mussel species, including all eight species
addressed in this rule, have a parasitic stage during which they must
attach to the gills, fins, or skin of a fish to transform into a
juvenile mussel. Depending on the mussel species, females release
glochidia either separately, in masses known as conglutinates, or in
one large mass known as a superconglutinate. The duration of the
parasitic stage varies by mussel species, water temperature, and
perhaps host fish species. When the transformation is complete, the
juvenile mussels drop from their fish host and sink to the stream
bottom where, given suitable conditions, they grow and mature into
adults.
Survey Data
Recent distributions are based on surveys conducted from 1995 to
2011, and historical distributions are based on collections made prior
to 1995. Historical distribution data from museum records and surveys
dated between the late 1800s and 1994 are sparse, and most of these
species were more than likely present throughout their respective river
basins. Knowledge of historical and current distribution and abundance
data were summarized from Butler 1989; Williams et al. 2000
(unpublished), Blalock-Herod et al. 2002, Blalock-Herod et al. 2005,
Pilarczyk et al. 2006, and Gangloff and Hartfield 2009). These studies
represent a compilation of museum records and recent status surveys
conducted between 1990 and 2007. We also used various other sources to
identify the historical and current locations occupied by these
species. These include surveys, reports, and field notes prepared by
biologists from the Alabama Department of Conservation and Natural
Resources, Marion, AL; Geological Survey of Alabama, Tuscaloosa, AL;
Florida Fish and Wildlife Conservation Commission, Gainesville, FL;
U.S. Geological Survey, Gainesville, FL; Alabama Malacological Research
Center, Mobile, AL; Troy University, Troy, AL; Appalachian State
University, Boone, NC; various private consulting groups; and the U.S.
Fish and Wildlife Service, Daphne, AL, and Panama City, FL. In
addition, we obtained occurrence data from the collection databases of
the Museum of Fluviatile Mollusks (MFM), Athearn collection; Auburn
University Natural History Museum (AUNHM), Auburn, Alabama; and Florida
Museum of Natural History (FLMNH), Gainesville, FL.
Assessing Status
Assessing the state of a freshwater mussel population is
challenging. We looked at trends in distribution (range) and abundance
(numbers), by comparing recent occurrence data to historical data. One
difficulty of investigating temporal trends in these eight species is
the lack of historical collection data within the drainages,
particularly in the lower portion of the main channels. Athearn (1964,
p. 134) noted the streams of western Florida were inadequately sampled,
particularly the lower Choctawhatchee, Yellow, and the lower Escambia
Rivers. Blalock-Herod et al. (2005, p. 2) stated that little collecting
effort had been expended in the Choctawhatchee River drainage as
compared to other nearby river systems like the Apalachicola and Mobile
River drainages. This paucity of historical occurrence data may create
the appearance of an increase in the number of localities or a larger
range than historically; however, this is most likely due to increased
sampling efforts. We also considered each species' relative abundance
in comparison to other mussel species with which they co-occur. In
addition, we relied on various published documents whose authors are
considered experts on these species. These publications either
described the status of these species or assigned a conservation
ranking, and include Williams et al. 1993, Garner et al. 2004, Blalock-
Herod et al. 2005, and Williams et al. 2008.
Most of the eight species have experienced a decline in populations
and numbers of individuals within populations, but not all have
experienced a decline in range. Recent, targeted surveys for the
Alabama pearlshell and southern kidneyshell show a dramatic decline in
historical range. The southern sandshell, Choctaw bean, narrow pigtoe,
fuzzy pigtoe and tapered pigtoe still occur in much of their historical
range; however, their current range is fragmented and their numbers
appear to be declining.
Taxonomy, Life History, and Distribution
Alabama Pearlshell
The Alabama pearlshell (Margaritifera marrianae, Johnson 1983) is a
medium-sized freshwater mussel known from a few tributaries of the
Alabama and Escambia River drainages in south-central Alabama (Johnson
1983, pp. 299-304; Mirarchi et al. 2004, p. 40; Williams et al. 2008,
pp. 98-99). The pearlshell is oblong and grows up to 95 millimeters
(mm) (3.8 inches (in)) in length. The outside of the shell
(periostracum) is smooth and shiny and somewhat roughened along the
posterior slope. The inside of the shell (nacre) is whitish or purplish
and moderately iridescent (refer to Johnson 1983 for a full
description).
The Alabama pearlshell is one of five North American species in the
family Margaritiferidae. The family is represented by only two genera,
Margaritifera (Schumacher 1816) and Cumberlandia (Ortmann 1912). In
Alabama, each genus is represented by a single species. The
spectaclecase (Cumberlandia monodonta) occurs in the Tennessee River
Basin (Williams et al. 2008, pp. 94-95) and the Alabama pearlshell
occurs in the Escambia and Alabama River basins in lower Alabama. Prior
to 1983, the Alabama pearlshell was thought to be the same species as
the Louisiana pearlshell (Margaritifera hembeli Conrad 1838) (Simpson
1914; Clench and Turner 1956), a species now considered endemic to
central Louisiana.
The Alabama pearlshell typically inhabits small headwater streams
with mixed sand and gravel substrates, occasionally in sandy mud, with
slow to moderate current. Very little is known about the life-history
requirements of this species. However, Shelton (1995, p. 5 unpub. data)
suggests that the Alabama pearlshell, as opposed to the Louisiana
pearlshell, which occurs in large colonies, typically occurs in low
numbers. The Alabama pearlshell is also believed to occur in male-
female pairs. Of the 68 Alabama pearlshell observed by Shelton (1995,
p. 5 unpub. data), 85 percent occurred in pairs. Males were always
located upstream of the females and were typically not more than 1
meter (m) apart, and juveniles were usually found just a few inches
apart. The species is believed to be a long-term brooder, where gravid
females have been observed in December. The host fish and other aspects
of its life history are currently unknown.
Historically, the Alabama pearlshell occurred in portions of the
Escambia River drainage, and has also been reported from two systems in
the Alabama River drainage. The Alabama pearlshell's known historical
and current occurrences, by water body and county, are shown in Table 1
below.
[[Page 61485]]
Table 1--Known Historical and Current Occurrences of Alabama Pearlshell
--------------------------------------------------------------------------------------------------------------------------------------------------------
Water body Drainage County State Historical or current
--------------------------------------------------------------------------------------------------------------------------------------------------------
Big Flat Creek...................... Alabama................ Monroe................. AL.................... Historical and Current.
Brushy Creek........................ Alabama................ Monroe................. AL.................... Historical.
Limestone Creek..................... Alabama................ Monroe................. AL.................... Historical.
Amos Mill Creek..................... Escambia............... Conecuh................ AL.................... Current.
Autrey Creek........................ Escambia............... Conecuh................ AL.................... Historical.
Beaver Creek........................ Escambia............... Conecuh................ AL.................... Historical.
Bottle Creek........................ Escambia............... Conecuh................ AL.................... Historical and Current.
Brushy Creek........................ Escambia............... Conecuh................ AL.................... Historical.
Burnt Corn Creek.................... Escambia............... Conecuh................ AL.................... Historical and Current.
Horse Creek......................... Escambia............... Crenshaw............... AL.................... Historical.
Hunter Creek........................ Escambia............... Conecuh................ AL.................... Historical and Current.
Jordan Creek........................ Escambia............... Conecuh................ AL.................... Historical and Current.
Little Cedar Creek.................. Escambia............... Conecuh................ AL.................... Historical and Current.
Murder Creek........................ Escambia............... Conecuh................ AL.................... Historical.
Otter Creek......................... Escambia............... Conecuh................ AL.................... Historical and Current.
Sandy Creek......................... Escambia............... Conecuh................ AL.................... Historical and Current.
--------------------------------------------------------------------------------------------------------------------------------------------------------
The Amos Mill population, discovered in 2010, represents a new
record, and possibly the only known surviving population in the Sepulga
River drainage. The Burnt Corn and Otter Creek populations reaffirm
historical records that had not been reported in nearly 30 years. Two
of the Sandy Creek locations, discovered in 2011, are new populations.
Since the late 1990's, more than 70 locations within the Alabama River
Basin were surveyed for mollusks (McGregor et al. 1999, pp. 13-14;
Powell and Ford 2010 pers. obs.; Buntin 2011 pers. comm.; Fobian 2011
pers. comm.), 35 of which were located in the Limestone and Big Flat
Creek drainages, and no live Alabama pearlshell were reported. The last
documented occurrence in Big Flat Creek was a fresh dead individual
collected in 1995 (Shelton 1995, p. 3 unpub. data), and the last
reported occurrence in the Limestone Creek drainage was 1974 where
Williams (2009 pers. comm.) reported it as common. Despite numerous
visits, the pearlshell has not been collected in this system since
1974. A fresh dead individual, collected by Shelton (1998), represents
the most recent record from the Big Flat Creek drainage.
Recent data suggest that, of the nine remaining populations, the
largest populations may occur in Little Cedar and Otter Mill Creeks. In
2011, Fobian and Pritchett reported new populations at two locations in
an unnamed tributary to Sandy Creek. Although this is not the first
report from the Sandy Creek basin, it is, however, the first for the
two unnamed tributaries. In 2010, Buntin and Fobian (2011 pers. comm.)
reported 10 live individuals from Otter Creek. This is the first time
since 1981 that the pearlshell has been reported from this drainage.
Also in 2010, Powell and Ford reported 3 individuals, and several relic
shells, from Amos Mill Creek, in Escambia County, AL. This is the first
report of the pearlshell from this drainage, and county, and the first
live individual from the Sepulga River system in nearly 50 years.
Little Cedar Creek supported good numbers of Alabama pearlshell in the
late 1990's (54 individuals reported in 1998). However, during a
qualitative search of the same area in 2005, only two live pearlshell
were found (Powell 2005 pers. obs.), and in 2006, three live
pearlshells were observed (Johnson 2006 in litt.). Live Alabama
pearlshell have not been observed in Hunter Creek since 1998, when
eight live individuals were reported (Shelton 1998 pers. comm.). During
two visits to the stream in 1999, Shelton found no evidence of the
species (Shelton 1999 in litt.), and reported high levels of
sedimentation. However, in 2005 the shells of three fresh dead Alabama
pearlshells were reported from Hunter Creek, indicating the persistence
of the species in that drainage (Powell, pers. obs. 2005).
Evidence suggests that much of the rangewide decline of this
species has occurred within the past few decades. Specific causes of
the decline and disappearance of the Alabama pearlshell from historical
stream localities are unknown. However, they are likely related to past
and present land use patterns. Many of the small streams historically
inhabited by the Alabama pearlshell are impacted to various degrees by
nonpoint-source pollution.
Round Ebonyshell
The round ebonyshell (Fusconaia rotulata, Wright 1899) is a medium-
sized freshwater mussel endemic to the Escambia River drainage in
Alabama and Florida (Williams et al. 2008, p. 320). The round
ebonyshell is round to oval in shape and reaches about 70 mm (2.8 in.)
in length. The shell is thick and the outside is smooth and dark brown
to black in color. The shell interior is white to silvery and
iridescent (Williams and Butler 1994, p. 61; Williams et al. 2008, p.
319). The round ebonyshell was originally described by B. H. Wright in
1899 and placed in the genus Unio. Simpson (1900) reexamined the type
specimen and assigned it to the genus Obovaria. Based on shell
characters, Williams and Butler (1994, p. 61) recognized it as clearly
a species of the genus Fusconaia, and its placement in the genus is
supported genetically (Lydeard et al. 2000, p. 149).
Very little is known about the habitat requirements or life history
of the round ebonyshell. It occurs typically in stable substrates of
sand, small gravel, or sandy mud in slow to moderate current. It is
believed to be a short-term brooder, and gravid females have been
observed in the spring and summer. The fish host(s) for the round
ebonyshell is currently unknown (Williams et al. 2008, p. 320).
The round ebonyshell is known only from the main channel of the
Escambia-Conecuh River and is the only mussel species endemic to the
drainage (Williams et al. 2008, p. 320). Due to recent survey data, its
known range was extended downstream the Escambia River to near Mystic
Springs in Florida (Shelton et al. 2007, p. 9 unpub. data), and
upstream the Conecuh River to just above the Covington County line in
Alabama (Williams et al. 2008, p. 320). The round ebonyshell's known
historical and current occurrences, by water body and county, are shown
in Table 2 below.
[[Page 61486]]
Table 2--Known Historical and Current Occurrences of the Round Ebonyshell
--------------------------------------------------------------------------------------------------------------------------------------------------------
Water body Drainage County State Historical or current
--------------------------------------------------------------------------------------------------------------------------------------------------------
Conecuh River....................... Escambia............... Escambia, Covington.... AL.................... Historical and Current.
Escambia River...................... Escambia............... Escambia, Santa Rosa... FL.................... Historical and Current.
--------------------------------------------------------------------------------------------------------------------------------------------------------
The round ebonyshell has one of the most restricted distributions
of any North American unionid (Williams and Butler 1994, p. 61). Its
current range (based on live individuals and shell material) is
confined to approximately 120 km (75 mi) of river channel. The round
ebonyshell is also extremely rare (Williams et al. 2008, p. 320).
Researchers collected a total of three live individuals during a 2006
status survey (Shelton et al. 2007, pp. 8-10 unpub. data). At stations
where the species was present, roughly 950 mussels were collected for
every 1 round ebonyshell. Its limited distribution and small population
size makes round ebonyshell particularly vulnerable to catastrophic
events such as droughts, flood scour, and contaminant spills. Due to
its limited distribution and rarity, Garner et al. (2004, p. 56)
considered the round ebonyshell vulnerable to extinction, and
classified it as a species of highest conservation concern in Alabama.
Williams et al. (1993, p. 11) considered the round ebonyshell as
endangered throughout its range.
Southern Sandshell
The southern sandshell (Hamiota australis, Simpson 1900) is a
medium-sized freshwater mussel known from the Escambia River drainage
in Alabama, and the Yellow and Choctawhatchee River drainages in
Alabama and Florida (Williams et al. 2008, p. 338). The southern
sandshell is elliptical in shape and reaches about 83 mm (2.3 in.) in
length. Its shell is smooth and shiny, and greenish in color in young
specimens, becoming dark greenish brown to black with age, with many
variable green rays. The shell interior is bluish white and iridescent.
Sexual dimorphism is present as a slight inflation of the
posterioventral shell margin of females (Williams and Butler 1994, p.
97; Williams et al. 2008, p. 337). The southern sandshell (Hamiota
australis) was originally described by C. T. Simpson (1900) as
Lampsilis australis. Heard (1979), however, designated it as a species
of Villosa. It was placed in the genus Hamiota by Roe and Hartfield
(2005, pp. 1-3) who confirmed earlier published suggestions by Fuller
and Bereza (1973, p. 53) and O'Brien and Brim Box (1999, pp. 135-136)
that this species and three others of the genus Lampsilis represent a
distinct genus. This separation from other Lampsilis is supported
genetically (Roe et al. 2001, p. 2230). The new genus, Hamiota, is
distinguished based on several characters including unique shape and
placement of the marsupia (where females brood developing larvae), and
production of a single large conglutinate, termed a superconglutinate.
The southern sandshell is typically found in small creeks and
rivers in stable substrates of sand or mixtures of sand and fine
gravel, with slow to moderate current. It is a long-term brooder, and
females are gravid from late summer or autumn to the following spring
(Williams et al. 2008, p. 338). The southern sandshell is one of only
four species that produce a superconglutinate to attract a host. A
superconglutinate is a mass that mimics the shape, coloration, and
movement of a fish and is produced by the female mussel to hold the
glochidia (larval mussels) from one year's reproductive effort (Haag et
al. 1995, p. 472). After release, the superconglutinate is tethered to
the female mussel by a mucus strand, and it appears to dart and swim in
the current. Although the fish host for the southern sandshell has not
been identified, it likely uses predatory sunfishes such as basses,
like other Hamiota species (Haag et al. 1995, p. 475; O'Brien and Brim
Box 1999, p. 134; Blalock-Herod et al. 2002, p. 1885).
The southern sandshell is endemic to the Escambia River drainage in
Alabama, and the Yellow and Choctawhatchee River drainages in Alabama
and Florida (Blalock-Herod et al. 2002, pp. 1882, 1884). The southern
sandshell's known historical and current occurrences, by water body and
county, are shown in Table 3 below.
Table 3--Known Historical and Current Occurrences of the Southern Sandshell
--------------------------------------------------------------------------------------------------------------------------------------------------------
Water body Drainage County State Historical or current
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alligator Creek..................... Choctawhatchee......... Washington............. FL.................... Historical.
Bruce Creek......................... Choctawhatchee......... Walton................. FL.................... Current.
Choctawhatchee River................ Choctawhatchee......... Geneva................. AL.................... Historical.
Choctawhatchee River................ Choctawhatchee......... Holmes, Dale........... FL, AL................ Historical and Current.
Corner Creek........................ Choctawhatchee......... Geneva................. AL.................... Current.
Double Bridges Creek................ Choctawhatchee......... Coffee................. AL.................... Current.
East Fork Choctawhatchee R.......... Choctawhatchee......... Henry.................. AL.................... Historical and Current.
East Fork Choctawhatchee R.......... Choctawhatchee......... Dale................... AL.................... Historical.
Eightmile Creek..................... Choctawhatchee......... Walton, Geneva......... FL, AL................ Current.
Flat Creek.......................... Choctawhatchee......... Geneva................. AL.................... Current.
Holmes Creek........................ Choctawhatchee......... Holmes................. FL.................... Historical.
Jordan Creek........................ Choctawhatchee......... Conecuh................ AL.................... Current.
Limestone Creek..................... Choctawhatchee......... Walton................. FL.................... Historical.
Little Choctawhatchee River......... Choctawhatchee......... Dale, Houston.......... AL.................... Historical.
Natural Bridge Creek................ Choctawhatchee......... Geneva................. AL.................... Current.
Patsaliga Creek..................... Choctawhatchee......... Crenshaw............... AL.................... Current.
Pauls Creek......................... Choctawhatchee......... Barbour................ AL.................... Current.
Pea Creek (Barbour Co.)............. Choctawhatchee......... Barbour................ AL.................... Historical and Current.
Pea Creek (Dale Co.)................ Choctawhatchee......... Dale................... AL.................... Historical.
Pea River........................... Choctawhatchee......... Geneva, Barbour........ AL.................... Historical.
Pea River........................... Choctawhatchee......... Coffee, Dale, Pike..... AL.................... Historical and Current.
Sikes Creek......................... Choctawhatchee......... Barbour................ AL.................... Current.
[[Page 61487]]
Tenmile Creek....................... Choctawhatchee......... Holmes................. FL.................... Historical.
West Fork Choctawhatchee R.......... Choctawhatchee......... Barbour, Dale.......... AL.................... Historical and Current.
Whitewater Creek.................... Choctawhatchee......... Coffee................. AL.................... Historical.
Wrights Creek....................... Choctawhatchee......... Holmes................. FL.................... Current.
Burnt Corn Creek.................... Escambia............... Escambia, Conecuh...... AL.................... Historical.
Conecuh River....................... Escambia............... Pike................... AL.................... Current.
Conecuh River....................... Escambia............... Covington, Crenshaw.... AL.................... Historical.
Little Patsaliga Creek.............. Escambia............... Crenshaw............... AL.................... Historical.
Sepulga River....................... Escambia............... Conecuh................ AL.................... Historical.
Five Runs Creek..................... Yellow................. Covington.............. AL.................... Historical and Current.
Pond Creek.......................... Yellow................. Okaloosa, Walton....... FL.................... Historical.
Shoal River......................... Yellow................. Okaloosa............... FL.................... Current.
Yellow River........................ Yellow................. Okaloosa............... FL.................... Current.
Yellow River........................ Yellow................. Covington.............. AL.................... Historical and Current.
--------------------------------------------------------------------------------------------------------------------------------------------------------
The southern sandshell persists in its historical range; however,
its range is fragmented and numbers appear to be declining (Williams et
al. 2008, p. 338). The number of locations in the Escambia drainage
known to support the species has declined. It is known from a total of
nine locations, however, only three are recent occurrences. Also, its
numbers are very low; a total of four individuals (live and shell
material) have been collected in the Escambia drainage since 1995. In
the Yellow River drainage, the number of locations known to support
southern sandshell populations has declined from a total of 15 to 10
currently. The number of locations known to support the species in the
Choctawhatchee River drainage has declined from 44 to 25 currently; and
it may be extirpated from central portions of the Choctawhatchee River
main channel and from some of its tributaries. Sedimentation could be
one factor contributing to its decline. In order to reproduce, the
southern sandshell must attract a site-feeding fish to its
superconglutinate lure. Waters clouded by silt and sediment would
reduce the chance of this interaction occurring (Haag et al. 1995, p.
475).
The southern sandshell is classified as a species of highest
conservation concern in Alabama by Garner et al. (2004, p. 60), and
considered threatened throughout its range by Williams et al. (1993, p.
11).
Southern Kidneyshell
The southern kidneyshell (Ptychobranchus jonesi, van der Schalie
1934) is a medium-sized freshwater mussel known from the Escambia and
Choctawhatchee River drainages in Alabama and Florida, and the Yellow
River drainage in Alabama (Williams et al. 2008, p. 624). The southern
kidneyshell is elliptical and reaches about 72 mm (2.8 in.) in length.
Its shell is smooth and shiny, and greenish yellow to dark brown or
black in color, sometimes with weak rays. The shell interior is bluish
white with some iridescence (Williams and Butler 1994, p. 126; Williams
et al. 2008, p. 624). The southern kidneyshell was described by H. van
der Schalie (1934) as Lampsilis jonesi. Following the examination of
gills of gravid females, Fuller and Bereza (1973, p. 53) determined it
belonged in the genus Ptychobranchus. When gravid, the marsupial gills
form folds along the outer edge, a characteristic unique to the genus
Ptychobranchus (Williams et al. 2008, p. 609).
Very little is known about the habitat requirements or life history
of the southern kidneyshell. It is typically found in medium creeks to
medium rivers in firm sand substrates with slow to moderate current
(Williams et al. 2008, pp. 625). A recent status survey in the
Choctawhatchee basin in Alabama found its preferred habitat to be
stable substrates near bedrock outcroppings (Gangloff and Hartfield
2009, p. 25). The southern kidneyshell is believed to be a long-term
brooder, with females gravid from autumn to the following spring or
summer. Preliminary reproductive studies found that females release
their glochidia in small conglutinates that are bulbous at one end and
tapered at the other (Alabama Aquatic Biodiversity Center 2006 unpub.
data). Host fish for the southern kidneyshell are currently unknown;
however, darters serve as primary glochidial hosts to other members of
the genus Ptychobranchus (Luo 1993, p. 16; Haag and Warren 1997, p.
580).
The southern kidneyshell is endemic to the Escambia,
Choctawhatchee, and Yellow River drainages in Alabama and Florida
(Williams et al. 2008, p. 624), but is currently known only from the
Choctawhatchee drainage. The southern kidneyshell's known historical
and current occurrences, by water body and county, are shown in Table 4
below.
Table 4--Known Historical and Current Occurrences of the Southern Kidneyshell
--------------------------------------------------------------------------------------------------------------------------------------------------------
Water body Drainage County State Historical or current
--------------------------------------------------------------------------------------------------------------------------------------------------------
Choctawhatchee River................ Choctawhatchee......... Dale................... AL.................... Historical and Current.
Choctawhatchee River................ Choctawhatchee......... Walton, Geneva......... FL, AL................ Historical.
East Fork Choctawhatchee R.......... Choctawhatchee......... Dale, Henry............ AL.................... Historical.
Flat Creek.......................... Choctawhatchee......... Geneva................. AL.................... Historical.
Holmes Creek........................ Choctawhatchee......... Washington............. AL.................... Current.
Pea River........................... Choctawhatchee......... Geneva................. AL.................... Current.
Pea River........................... Choctawhatchee......... Pike, Barbour.......... AL.................... Historical.
Pea River........................... Choctawhatchee......... Coffee, Dale........... AL.................... Historical and Current.
Sandy Creek......................... Choctawhatchee......... Walton................. FL.................... Historical.
West Fork Choctawhatchee R.......... Choctawhatchee......... Barbour................ AL.................... Historical and Current.
West Fork Choctawhatchee R.......... Choctawhatchee......... Dale................... AL.................... Historical.
Whitewater Creek.................... Choctawhatchee......... Coffee................. AL.................... Historical.
[[Page 61488]]
Burnt Corn Creek.................... Escambia............... Escambia............... AL.................... Historical.
Conecuh River....................... Escambia............... Covington, Crenshaw.... AL.................... Historical.
Jordan Creek........................ Escambia............... Conecuh................ AL.................... Historical.
Little Patsaliga Creek.............. Escambia............... Crenshaw............... AL.................... Historical.
Patsaliga Creek..................... Escambia............... Covington, Crenshaw.... AL.................... Historical.
Sepulga River....................... Escambia............... Conecuh................ AL.................... Historical.
Hollis Creek........................ Yellow................. Covington.............. AL.................... Historical.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Since 1995, the southern kidneyshell has been detected at only 10
locations within the Choctawhatchee River drainage. The species appears
to have been common historically (In 1964, H. D. Athearn collected 98
individuals at one site on the West Fork Choctawhatchee), but it is
currently considered one of the most imperiled species in the United
States (Blalock-Herod et al. 2005, p. 16; Williams et al. 2008, p.
625). In addition to a reduction in range, its population numbers also
appear to be very low. A 2006-2007 status survey in the Alabama
portions of the Choctawhatchee basin found the southern kidneyshell was
extremely rare. A total of 13 were encountered alive, and the species
comprised less than 0.3 percent of the total mussel assemblage
(Gangloff and Hartfield 2009, p. 249). It is classified as a species of
highest conservation concern in Alabama by Garner et al. (2004, p. 83),
and considered threatened throughout its range by Williams et al.
(1993, p. 14)
Choctaw Bean
The Choctaw bean (Villosa choctawensis, Athearn 1964) is a small
freshwater mussel known from the Escambia, Yellow, and Choctawhatchee
River drainages of Alabama and Florida. The oval shell of the Choctaw
bean reaches about 49 mm (2.0 in.) in length, and is shiny and
greenish-brown in color, typically with thin green rays, though the
rays are often obscured in darker individuals. The shell interior color
varies from bluish white to smoky brown with some iridescence (Williams
and Butler 1994, p. 100; Williams et al. 2008, p. 758). The sexes are
dimorphic, with females truncate or widely rounded posteriorly, and
sometimes slightly more inflated (Athearn 1964, p. 137). The Choctaw
bean was originally described by H. D. Athearn in 1964.
Very little is known about the habitat requirements or life history
of the Choctaw bean. It is found in large creeks and small rivers in
stable substrates of silty sand to sandy clay with moderate current. It
is believed to be a long-term brooder, with females gravid from late
summer or autumn to the following summer. Its fish host is currently
unknown (Williams et al. 2008, p. 758).
The Choctaw bean is known from the Escambia, Yellow, and
Choctawhatchee River drainages in Alabama and Florida (Williams et al.
2008, p. 758). The Choctaw bean's known historical and current
occurrences, by water body and county, are shown in the table below.
Table 5--Known Historical and Current Occurrences for the Choctaw Bean
--------------------------------------------------------------------------------------------------------------------------------------------------------
Water body Drainage County State Historical or current
--------------------------------------------------------------------------------------------------------------------------------------------------------
Big Sandy Creek..................... Choctawhatchee......... Bullock................ AL.................... Current.
Bruce Creek......................... Choctawhatchee......... Walton................. FL.................... Current.
Choctawhatchee River................ Choctawhatchee......... Dale................... AL.................... Current.
Choctawhatchee River................ Choctawhatchee......... Holmes................. AL.................... Historical.
Choctawhatchee River................ Choctawhatchee......... Washington, Geneva..... FL, AL................ Historical and Current.
Claybank Creek...................... Choctawhatchee......... Dale................... AL.................... Current.
East Fork Choctawhatchee R.......... Choctawhatchee......... Barbour................ AL.................... Current.
East Fork Choctawhatchee R.......... Choctawhatchee......... Henry.................. AL.................... Historical and Current.
Flat Creek.......................... Choctawhatchee......... Geneva................. AL.................... Current.
Holmes Creek........................ Choctawhatchee......... Washington............. FL.................... Current.
Judy Creek.......................... Choctawhatchee......... Dale................... AL.................... Current.
Limestone Creek..................... Choctawhatchee......... Walton................. FL.................... Current.
Paul's Creek........................ Choctawhatchee......... Barbour................ AL.................... Current.
Pea Creek........................... Choctawhatchee......... Barbour................ AL.................... Current.
Pea River........................... Choctawhatchee......... Coffee................. AL.................... Current.
Pea River........................... Choctawhatchee......... Geneva, Pike, Barbour.. AL.................... Historical and Current.
West Fork Choctawhatchee R.......... Choctawhatchee......... Dale................... AL.................... Current.
West Fork Choctawhatchee R.......... Choctawhatchee......... Pike, Barbour.......... AL.................... Historical and Current.
Whitewater Creek.................... Choctawhatchee......... Coffee................. AL.................... Current.
Wrights Creek....................... Choctawhatchee......... Holmes................. FL.................... Current.
Conecuh River....................... Escambia............... Crenshaw, Pike......... AL.................... Current.
Escambia River...................... Escambia............... Santa Rosa............. FL.................... Historical.
Escambia River...................... Escambia............... Escambia............... FL.................... Historical and Current.
Little Patsaliga Creek.............. Escambia............... Crenshaw............... AL.................... Historical.
Murder Creek........................ Escambia............... Conecuh................ AL.................... Historical.
Olustee Creek....................... Escambia............... Pike................... AL.................... Current.
Patsaliga Creek..................... Escambia............... Crenshaw............... AL.................... Historical and Current.
Pigeon Creek........................ Escambia............... Butler................. AL.................... Historical.
Five Runs Creek..................... Yellow................. Covington.............. AL.................... Historical and Current.
Yellow River........................ Yellow................. Okaloosa, Covington.... FL, AL................ Historical and Current.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 61489]]
The Choctaw bean persists in most of its historical range. However,
its populations are fragmented and its numbers are low, particularly in
the Escambia and Yellow drainages. The number of locations in the
Escambia River drainage known to support the species has declined from
a total of 13 to 6 currently. Also, its numbers within the drainage are
very low; a total of only 10 individuals have been collected since
1995. The number of locations known to support the Choctaw bean in the
Yellow River drainage has declined from a total of 7 to 4 currently.
Since 1995, a total of 28 individuals have been collected within the
Yellow drainage. In the Choctawhatchee River drainage, the Choctaw bean
continues to persist in most areas. It is known from a total of 40
locations throughout the drainage, 34 of which are recent occurrences.
Heard assessed the status of the Choctaw bean in 1975 (p. 17) and
stated that it was formerly abundant in the main channel of the
Choctawhatchee River in Florida, but has become quite rare. Garner et
al. (2004, p. 103) considered the Choctaw bean vulnerable to extinction
due to its limited distribution and habitat degradation, and classified
it as a species of high conservation concern in Alabama. Williams et
al. (1993, p. 14) considered the Choctaw bean as threatened throughout
its range.
Tapered Pigtoe
The tapered pigtoe (Fusconaia burkei, Walker 1922) is a small to
medium-sized mussel endemic to the Choctawhatchee river drainage in
Alabama and Florida (Williams et al. 2008, p. 296). The elliptical to
subtriangular shell of the tapered pigtoe reaches about 75 mm (3.0 in.)
in length, and is sculptured with plications (parallel ridges) that
radiate from the posterior ridge. In younger individuals, the shell
exterior is greenish brown to yellowish brown in color, occasionally
with faint dark-green rays, and with pronounced sculpture often
covering the entire shell; in older individuals the shell becomes dark
brown to black with age and sculpture is often subtle. The shell
interior is bluish white (Williams et al. 2008, p. 295). The tapered
pigtoe was described by B. Walker (1922) (in Ortmann and Walker) as
Quincuncina burkei, a new genus and species (the genus description was
done by A. E. Ortmann and the species description by Walker). In the
description, Ortmann noted the species had gill features characteristic
of the genus Fusconaia; however, this was dismissed based on the
presence of sculpture on the shell. Genetic analysis by Lydeard et al.
(2000, p. 149) determined it to be a sister taxon to Fusconaia
escambia. Based on genetic results and soft anatomy similarity,
Williams et al. (2008, p. 296) recognized burkei as belonging to the
genus Fusconaia.
The tapered pigtoe is found in small to medium rivers in stable
substrates of sand, small gravel, or sandy mud, with slow to moderate
current (Williams et al. 2008, p. 296). The reproductive biology of the
tapered pigtoe was studied by White et al. (2008). It is a short-term
brooder, with females gravid from mid-March to May. The blacktail
shiner (Cyprinella venusta) was found to serve as a host for tapered
pigtoe glochidia in the preliminary host trial (White et al. 2008, p.
122-123).
The tapered pigtoe is endemic to the Choctawhatchee River drainage
in Alabama and Florida (Williams et al. 2008, p. 296). Its historical
and current distribution includes several oxbow lakes in Florida; some
with a flowing connection to main channel. The tapered pigtoe's known
historical and current occurrences, by water body and county, are shown
in the table below.
Table 6--Known Historical and Current Occurrences for the Tapered Pigtoe
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Water body Drainage County State Historical or current
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Bear Creek.......................... Choctawhatchee......... Houston................ AL.................... Historical.
Big Creek........................... Choctawhatchee......... Barbour................ AL.................... Current.
Blue Creek.......................... Choctawhatchee......... Holmes................. FL.................... Current.
Bruce Creek......................... Choctawhatchee......... Walton................. FL.................... Current.
Choctawhatchee River................ Choctawhatchee......... Dale................... AL.................... Historical.
Choctawhatchee River................ Choctawhatchee......... Washington, Walton, FL.................... Historical and Current.
Holmes.
Cowford Island channel.............. Choctawhatchee......... Washington............. FL.................... Historical and Current.
Crawford Lake....................... Choctawhatchee......... Washington............. FL.................... Historical.
Crews Lake.......................... Choctawhatchee......... Washington............. FL.................... Current.
East Fork Choctawhatchee R.......... Choctawhatchee......... Dale................... AL.................... Historical.
East Fork Choctawhatchee R.......... Choctawhatchee......... Henry.................. AL.................... Historical and Current.
East Pittman Creek.................. Choctawhatchee......... Holmes................. FL.................... Historical and Current.
Eightmile Creek..................... Choctawhatchee......... Walton, Geneva......... FL, AL................ Current.
Flat Creek.......................... Choctawhatchee......... Geneva................. AL.................... Historical and Current.
Holmes Creek........................ Choctawhatchee......... Washington, Holmes, FL.................... Historical and Current.
Jackson.
Horseshoe Lake...................... Choctawhatchee......... Washington............. FL.................... Historical.
Hurricane Creek..................... Choctawhatchee......... Geneva................. AL.................... Historical.
Judy Creek.......................... Choctawhatchee......... Dale................... AL.................... Current.
Limestone Creek..................... Choctawhatchee......... Walton................. FL.................... Historical and Current.
Little Choctawhatchee River......... Choctawhatchee......... Dale, Houston.......... AL.................... Historical.
Panther Creek....................... Choctawhatchee......... Houston................ AL.................... Historical.
Parrot Creek........................ Choctawhatchee......... Holmes................. FL.................... Current.
Paul's Creek........................ Choctawhatchee......... Barbour................ AL.................... Current.
Pea Creek........................... Choctawhatchee......... Barbour................ AL.................... Current.
Pea River........................... Choctawhatchee......... Dale, Barbour.......... AL.................... Historical.
Pea River........................... Choctawhatchee......... Coffee, Pike........... AL.................... Historical and Current.
Pine Log Creek...................... Choctawhatchee......... Washington, Bay........ FL.................... Current.
Sandy Creek......................... Choctawhatchee......... Walton................. FL.................... Current.
Tenmile Creek....................... Choctawhatchee......... Holmes................. FL.................... Historical.
West Fork Choctawhatchee R.......... Choctawhatchee......... Dale, Pike............. AL.................... Historical.
West Fork Choctawhatchee R.......... Choctawhatchee......... Barbour................ AL.................... Historical and Current.
West Pittman Creek.................. Choctawhatchee......... Holmes................. FL.................... Current.
[[Page 61490]]
Wrights Creek....................... Choctawhatchee......... Holmes................. FL.................... Current.
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The tapered pigtoe appears to be absent from portions of its
historical range and found only in isolated locations (Blalock-Herod et
al. 2005, p. 17). The species is known from a total of 60 locations
within the Choctawhatchee River drainage. It was not detected at 11
historical sites examined during recent status surveys (9 additional
historic locations were not examined). Many of those historic
occurrences are in the middle section of the drainage, and the species
appears to be declining in that portion of its range. The tapered
pigtoe continues to persist in isolated locations, mainly in the
Choctawhatchee River main channel in Florida and in the headwaters in
Alabama.
Due to its limited distribution, rarity, and habitat degradation,
Garner et al. (2004, p. 105) consider the tapered pigtoe vulnerable to
extinction, and classified it as a species of high conservation concern
in Alabama. The tapered pigtoe is considered threatened throughout its
range by Williams et al. (1993, p. 14).
Narrow Pigtoe
The narrow pigtoe (Fusconaia escambia, Clench and Turner 1956) is a
small to medium-sized mussel known from the Escambia River drainage in
Alabama and Florida, and the Yellow River drainage in Florida. The
subtriangular to squarish shaped shell of the narrow pigtoe reaches
about 75 mm (3.0 in.) in length. The shell is moderately thick and is
usually reddish brown to black in color. The shell interior is white to
salmon in color with iridescence near the posterior margin (Williams
and Butler 1994, p. 77; Williams et al. 2008, p. 316). The narrow
pigtoe was originally described by W.J. Clench and R.D. Turner in 1956.
Little is known about the habitat requirements or life history of
the narrow pigtoe. It is found in creeks and small to medium rivers in
stable substrates of sand, s