Proposed Rule2024-28316
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Rayed Bean, Sheepnose, Snuffbox, and Spectaclecase Mussels
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 13, 2024
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the rayed bean (Villosa fabalis), sheepnose (Plethobasus cyphyus), snuffbox (Epioblasma triquetra), and spectaclecase (Cumberlandia monodonta), all species of freshwater mussels, under the Endangered Species Act of 1973, as amended (Act). Specifically, we propose to designate approximately 560 river miles (rmi) (902 river kilometers (rkm)) in 15 units as critical habitat for rayed bean; approximately 801 rmi (1,289 rkm) in 11 units as critical habitat for sheepnose; approximately 2,472 rmi (3,979 rkm) in 38 units as critical habitat for snuffbox; and approximately 1,143 rmi (1,839 rkm) in 12 units as critical habitat for spectaclecase. Portions of these proposed designations overlap among the four species; in total, approximately 3,974 rmi (6,396 rkm) of unique critical habitat within 76 units across 17 States (Alabama, Arkansas, Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Mississippi, Missouri, New York, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin) fall within the boundaries of the proposed critical habitat designations. We also announce the availability of an economic analysis of the proposed designations of critical habitat for all four species.
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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Proposed Rules]
[Pages 101100-101206]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28316]
[[Page 101099]]
Vol. 89
Friday,
No. 240
December 13, 2024
Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Designation of Critical
Habitat for the Rayed Bean, Sheepnose, Snuffbox, and Spectaclecase
Mussels; Proposed Rule
Federal Register / Vol. 89 , No. 240 / Friday, December 13, 2024 /
Proposed Rules
[[Page 101100]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R3-ES-2024-0144; FXES1111090FEDR-256-FF09E21000]
RIN 1018-BH73
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Rayed Bean, Sheepnose, Snuffbox, and
Spectaclecase Mussels
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
designate critical habitat for the rayed bean (Villosa fabalis),
sheepnose (Plethobasus cyphyus), snuffbox (Epioblasma triquetra), and
spectaclecase (Cumberlandia monodonta), all species of freshwater
mussels, under the Endangered Species Act of 1973, as amended (Act).
Specifically, we propose to designate approximately 560 river miles
(rmi) (902 river kilometers (rkm)) in 15 units as critical habitat for
rayed bean; approximately 801 rmi (1,289 rkm) in 11 units as critical
habitat for sheepnose; approximately 2,472 rmi (3,979 rkm) in 38 units
as critical habitat for snuffbox; and approximately 1,143 rmi (1,839
rkm) in 12 units as critical habitat for spectaclecase. Portions of
these proposed designations overlap among the four species; in total,
approximately 3,974 rmi (6,396 rkm) of unique critical habitat within
76 units across 17 States (Alabama, Arkansas, Illinois, Indiana, Iowa,
Kentucky, Michigan, Minnesota, Mississippi, Missouri, New York, Ohio,
Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin) fall
within the boundaries of the proposed critical habitat designations. We
also announce the availability of an economic analysis of the proposed
designations of critical habitat for all four species.
DATES: We will accept comments received or postmarked on or before
February 11, 2025. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. eastern time on the closing date. We must receive requests for a
public hearing, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by January 27, 2025.
ADDRESSES: Written comments: You may submit comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-R3-ES-2024-0144,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, check the Proposed Rule
box to locate this document. You may submit a comment by clicking on
``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R3-ES-2024-0144, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
Availability of supporting materials: Supporting materials, such as
the species status assessment report, are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-R3-ES-2024-0144, or at the
Service's website on each individual species' page (rayed bean: <a href="https://www.fws.gov/species/rayed-bean-villosa-fabalis">https://www.fws.gov/species/rayed-bean-villosa-fabalis</a>; sheepnose: <a href="https://www.fws.gov/species/sheepnose-plethobasus-cyphyus">https://www.fws.gov/species/sheepnose-plethobasus-cyphyus</a>; snuffbox: <a href="https://www.fws.gov/species/snuffbox-epioblasma-triquetra">https://www.fws.gov/species/snuffbox-epioblasma-triquetra</a>; spectaclecase:
<a href="https://www.fws.gov/species/spectaclecase-cumberlandia-monodonta">https://www.fws.gov/species/spectaclecase-cumberlandia-monodonta</a>).
FOR FURTHER INFORMATION CONTACT: Rayed bean and snuffbox: Erin Knoll,
Field Supervisor, U.S. Fish and Wildlife Service, Ohio Ecological
Services Field Office, 4625 Morse Road, Suite 104, Columbus, OH 43230;
telephone 614-416-8993; sheepnose: Kraig McPeek, Field Supervisor, U.S.
Fish and Wildlife Service, Illinois-Iowa Ecological Services Field
Office, 1511 47th Avenue, Moline, IL 61265; telephone 309-757-5800;
spectaclecase: Betsy Galbraith, Acting Field Supervisor, U.S. Fish and
Wildlife Service, Minnesota-Wisconsin Ecological Services Field Office,
3815 American Boulevard East, Bloomington, MN 55425; telephone 952-858-
0793. Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States. Please see Docket No. FWS-R3-ES-2024-0144 on <a href="https://www.regulations.gov">https://www.regulations.gov</a> for a document that summarizes this proposed rule.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Act (16 U.S.C. 1531 et
seq.), when we determine that any species is an endangered or
threatened species, we are required to designate critical habitat to
the maximum extent prudent and determinable. Designation of critical
habitat can be completed only by issuing a rule through the
Administrative Procedure Act rulemaking process (5 U.S.C. 551 et seq.).
What this document does. We propose to designate critical habitat
for the rayed bean, sheepnose, snuffbox, and spectaclecase mussels;
these four freshwater mussel species have been listed as endangered
species under the Act since 2012 (See 77 FR 8632, February 14, 2012,
and 77 FR 14914, March 13, 2012).
The basis for our action. Under section 4(a)(3) of the Act, if we
determine a species is an endangered or threatened, we must, to the
maximum extent prudent and determinable, designate critical habitat for
the species. Section 3(5)(A) of the Act defines critical habitat as (i)
the specific areas within the geographical area occupied by the
species, at the time it is listed, on which are found those physical or
biological features (I) essential to the conservation of the species
and (II) which may require special management considerations or
protections; and (ii) specific areas outside the geographical area
occupied by the species at the time it is listed, upon a determination
by the Secretary that such areas are essential for the conservation of
the species. Section 4(b)(2) of the Act states that the Secretary must
make the designation on the basis of the best scientific data available
and after taking into consideration the economic impact, the impact on
national security, and any other relevant impacts of specifying any
particular area as critical habitat.
Information Requested
We intend that any final action resulting from this proposed rule
will be based on the best scientific data available and be as accurate
and as effective as possible. Therefore, we request comments or
information from other governmental agencies, Native American Tribes,
the scientific community, industry, or any other
[[Page 101101]]
interested parties concerning this proposed rule. We particularly seek
comments concerning:
(1) Specific information related to critical habitat, such as:
(a) The amount and distribution of rayed bean, sheepnose, snuffbox,
and spectaclecase habitat;
(b) Any additional areas occurring within the range of the species
(Alabama, Arkansas, Illinois, Indiana, Iowa, Kentucky, Michigan,
Minnesota, Mississippi, Missouri, New York, Ohio, Pennsylvania,
Tennessee, Virginia, West Virginia, and Wisconsin) that should be
included in the designation because they (i) are occupied at the time
of listing and contain the physical or biological features that are
essential to the conservation of the species and that may require
special management considerations or protection, or (ii) are unoccupied
at the time of listing and are essential for the conservation of the
species; and
(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.
(2) Land use designations and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat.
(3) Any probable economic, national security, or other relevant
impacts of designating any area that may be included in the final
designations, and the related benefits of including or excluding
specific areas.
(4) Information on the extent to which the description of probable
economic impacts in the economic analysis is a reasonable estimate of
the likely economic impacts and any additional information regarding
probable economic impacts that we should consider.
(5) 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, in
particular for those areas included within the Columbia Pipeline Group
Multi-Species Habitat Conservation Plan (formally NiSource; for more
information, see our website at: <a href="https://www.fws.gov/project/columbia-pipeline-group-mshcp-formally-nisource">https://www.fws.gov/project/columbia-pipeline-group-mshcp-formally-nisource</a>). If you think we should exclude
any additional areas, please provide information supporting a benefit
of exclusion.
(6) 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 include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include.
Please note that submissions merely stating support for, or
opposition to, the action under consideration without providing
supporting information, although noted, do not provide substantial
information necessary to support a determination. Section 4(b)(2) of
the Act directs that the Secretary shall designate critical habitat on
the basis of the best scientific data available.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit information via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your
entire submission--including any personal identifying information--will
be posted on the website. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Our final determinations may differ from this proposal because we
will consider all comments we receive during the comment period as well
as any information that may become available after this proposal. Based
on the new information we receive (and, if relevant, any comments on
that new information), our final critical habitat designations may not
include all areas proposed, may include some additional areas that meet
the definition of critical habitat, or may exclude some areas if we
find the benefits of exclusion outweigh the benefits of inclusion and
exclusion will not result in the extinction of the species. In our
final rule, we will clearly explain our rationale and the basis for our
final decisions, including why we made changes, if any, that differ
from this proposal.
Public Hearing
Section 4(b)(5) of the Act provides for a public hearing on this
proposal, if requested. Requests must be received by the date specified
in DATES. Such requests must be sent to the address shown in FOR
FURTHER INFORMATION CONTACT. We will schedule a public hearing on this
proposal, if requested, and announce the date, time, and place of the
hearing, as well as how to obtain reasonable accommodations, in the
Federal Register and local newspapers at least 15 days before the
hearing. We may hold the public hearing in person or virtually via
webinar. We will announce any public hearing on our website, in
addition to the Federal Register. The use of virtual public hearings is
consistent with our regulations at 50 CFR 424.16(c)(3).
Previous Federal Actions
On November 2, 2010, we proposed to list the rayed bean and
snuffbox mussels as endangered species under the Act (75 FR 67552). On
January 19, 2011, we proposed to list the sheepnose and spectaclecase
mussels as endangered species under the Act (76 FR 3392). In both
cases, we considered the best available information and peer review and
public comments on the proposed listing rules. We then published two
final listing rules: the first to list the rayed bean and snuffbox
mussels as endangered species under the Act (77 FR 8632; February 14,
2012) and the second to list the sheepnose and spectaclecase mussels as
endangered species under the Act (77 FR 14914; March 13, 2012). Federal
actions that occurred prior to February 14, 2012, or March 13, 2012,
are outlined in our final listing rules for these species. For all four
species, we found that critical habitat was prudent but not
determinable at the time of listing.
On July 2, 2018, the Center for Biological Diversity filed a
complaint, challenging the failure of the Service to designate critical
habitat for the four mussel species (rayed bean, sheepnose, snuffbox,
and spectaclecase) within 1 year of the publication of our final
listing rules. We entered a stipulated settlement agreement, which was
approved by the court on June 4, 2019, requiring that we submit a
determination concerning the designation of critical habitat for the
four mussel species and a proposed rule for any species for which
critical habitat is prudent to the Federal Register by November 30,
2024. This proposed rule complies with the stipulated settlement
agreement.
Peer Review
A species status assessment (SSA) team prepared an SSA report for
each of the four mussel species. The SSA team was composed of Service
biologists, in
[[Page 101102]]
consultation with other species experts. The SSA reports represent a
compilation of the best scientific and commercial data available
concerning the status of the species, including the impacts of past,
present, and future factors (both negative and beneficial) affecting
the species.
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), and our August 22,
2016, memorandum updating and clarifying the role of peer review in
listing and recovery actions under the Act, we solicited independent
scientific review of the information contained in the SSA reports for
the rayed bean (Service 2022a, entire), sheepnose (Service 2022b,
entire), snuffbox (Service 2022c, entire), and spectaclecase (Service
2022d, entire). We sent the SSA reports to 10 independent peer
reviewers and received 9 responses. We incorporated the results of
these reviews, as appropriate, into the SSA reports, which are the
foundation for this proposed rule.
Results of the structured peer review process and all of the SSA
reports can be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-
R3-ES-2024-0144.
Summary of Peer Reviewer Comments
As discussed above in Peer Review, we received comments from nine
unique peer reviewers on the draft SSA reports. We reviewed all
comments we received from the peer reviewers for substantive issues and
new information regarding the contents of each SSA report.
Specifically, we reviewed the comments on each SSA report that would
influence our considerations for critical habitat (i.e., those related
to our considerations of occupancy, habitat, and life-history
characteristics used to define the essential physical or biological
features for each species). Of the comments related to critical habitat
considerations, the peer reviewers generally concurred with our
conclusions and characterizations for each of the species in their
respective SSA reports. Where the peer reviewers suggested corrections,
we updated the SSA reports as appropriate (e.g., clarifying the
influence of dams as passage barriers and clarifying characterizations
of host fish). Otherwise, no substantive changes within the SSA reports
were deemed necessary, and peer reviewer comments are addressed in
version 1.0 of the SSA reports.
Background
Critical habitat is defined in section 3(5)(A) 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.
Our regulations at 50 CFR 424.02 define the geographical area
occupied by the species as an area that may generally be delineated
around species' occurrences, as determined by the Secretary (i.e.,
range). Such areas may include those areas used throughout all or part
of the species' life cycle, even if not used on a regular basis (e.g.,
migratory corridors, seasonal habitats, and habitats used periodically,
but not solely by vagrant individuals).
Conservation, as defined under section 3(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 each Federal action agency 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 designated 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 also does not allow the government or public to access
private lands. Such designation does not require implementation of
restoration, recovery, or enhancement measures by non-Federal
landowners. Rather, designation requires that, where a landowner
requests Federal agency funding or authorization for an action that may
affect an area designated as critical habitat, the Federal agency
consult with the Service under section 7(a)(2) of the Act. If the
action may affect the listed species itself (such as for occupied
critical habitat), the Federal agency would have already been required
to consult with the Service even absent the designation because of the
requirement to ensure that the action is not likely to jeopardize the
continued existence of the listed species. Even if the Service were to
conclude after consultation that the proposed activity is likely to
result in destruction or adverse modification of the critical habitat,
the Federal action agency and the landowner are not required to abandon
the proposed activity, or to restore or recover the species; instead,
they must implement ``reasonable and prudent alternatives'' to avoid
destruction or adverse modification of critical habitat.
Under the first prong of the Act's definition of critical habitat,
areas within the geographical area occupied by the species at the time
it was listed are included in a critical habitat designation if they
contain physical or biological features (1) which are essential to the
conservation of the species and (2) which may require special
management considerations or protection. For these areas, critical
habitat designations identify, to the extent known using the best
scientific data available, those physical or biological features that
are essential to the conservation of the species (such as space, food,
cover, and protected habitat).
Under the second prong of the Act's definition of critical habitat,
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.
Section 4(b)(2) of the Act requires that we designate critical
habitat on the basis of the best scientific 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
[[Page 101103]]
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 compiled in the SSA report and information developed during
the listing process for the species. Additional information sources may
include any generalized conservation strategy, criteria, or outline
that may have been developed for the species; the recovery plan for the
species; articles in peer-reviewed journals; conservation plans
developed by States and counties; scientific status surveys and
studies; biological assessments; other unpublished materials; or
experts' opinions or personal knowledge.
Habitat is dynamic, and species may move from one area to another
over time. 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 ensure their actions are not likely to
jeopardize the continued existence of any endangered or threatened
species; and (3) the prohibitions found in section 9 of the Act.
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 the species. Similarly, critical
habitat designations made on the basis of the best scientific data
available 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 information
available at the time of those planning efforts calls for a different
outcome.
Physical or Biological Features Essential to the Conservation of the
Species
In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12(b), in determining which areas we will designate as
critical habitat from within the geographical area occupied by the
species at the time of listing, we consider the physical or biological
features that are essential to the conservation of the species and
which may require special management considerations or protection. The
regulations at 50 CFR 424.02 define ``physical or biological features
essential to the conservation of the species'' as the features that
occur in specific areas and that are essential to support the life-
history needs of the species, including, but not limited to, water
characteristics, soil type, geological features, sites, prey,
vegetation, symbiotic species, or other features. A feature may be a
single habitat characteristic or a more complex combination of habitat
characteristics. Features may include habitat characteristics that
support ephemeral or dynamic habitat conditions. Features may also be
expressed in terms relating to principles of conservation biology, such
as patch size, distribution distances, and connectivity. For example,
physical features essential to the conservation of the species might
include gravel of a particular size required for spawning, alkaline
soil for seed germination, protective cover for migration, or
susceptibility to flooding or fire that maintains necessary early-
successional habitat characteristics. Biological features might include
prey species, forage grasses, specific kinds or ages of trees for
roosting or nesting, symbiotic fungi, or absence of a particular level
of nonnative species consistent with conservation needs of the listed
species. The features may also be combinations of habitat
characteristics and may encompass the relationship between
characteristics or the necessary amount of a characteristic essential
to support the life history of the species.
In considering whether features are essential to the conservation
of the species, we may consider an appropriate quality, quantity, and
spatial and temporal arrangement of habitat characteristics in the
context of the life-history needs, condition, and status of the
species. These characteristics include, but are not limited to, space
for individual and population growth and for normal behavior; food,
water, air, light, minerals, or other nutritional or physiological
requirements; cover or shelter; sites for breeding, reproduction, or
rearing (or development) of offspring; and habitats that are protected
from disturbance.
General Mussel Biology
Freshwater mussels, including the rayed bean, sheepnose, snuffbox,
and spectaclecase mussels, have a complex life history that involves
parasitic larvae, called glochidia, which are wholly reliant on host
fish(es). As adult freshwater mussels are generally sessile,
suspension-feeders that spend their entire lives partially or
completely buried within the substrate (Call 1900, p. 459; Watters
1994, p. 105; West et al. 2000, p. 251), dispersal occurs solely
through the behavior of their host fish(es). Mussels are broadcast
spawners; males release sperm into the water column, which is taken in
by the female. Fertilized eggs develop into microscopic larvae called
glochidia within special gill chambers on the female mussel, and remain
with the female until they are mature and ready for release as
glochidia, to attach to their host fish(es) (Haag 2012, pp. 37-42).
Glochidia will perish if they fail to attach to a suitable species
of host fish, attach to a fish that has developed immunity from prior
infestations, or attach to the wrong location on a host fish (Neeves
1991, p. 254; Bogan 1993, p. 599). Successful glochidia enyst (enclose
in a cyst-like structure) on the host's tissue, draw nutrients from the
host's tissue, and develop into juvenile mussels (Arey 1932, pp. 214-
215). After a period of time when the glochidia transform into
juveniles, they will excyst (drop off) from the fish and drop to the
substrate on the bottom of the stream. Juveniles that drop in
unsuitable substrates perish because their immobility prevents them
from relocating to more favorable habitat. Juveniles burrow into
interstitial substrates and grow to larger sizes that are less
susceptible to predation and displacement from high-flow events (Yeager
et al. 1994, p. 220). Adult mussels remain within the same general
location where they excysted from their host fish as juveniles.
Habitat Conditions, Suitable Substrates, and Flow Conditions
All life stages of the rayed bean, sheepnose, snuffbox, and
spectaclecase mussels require flowing water for survival. In general,
all four species occur within small- to medium-sized creeks, to larger
rivers, with rayed bean and snuffbox occasionally occurring along wave-
washed shores of lakes (Call 1900, p. 459; Ortman 1919, p. 68;
Stansbery 1967, entire; Buchanan 1980, p. 13; Neeves 1991, pp. 280-281;
[[Page 101104]]
Cummings and Mayer 1992, pp. 50, 142, 162; Watters 1994, p. 105; Oesch
1995, p. 121; Parmalee and Bogan, 1998; pp. 50, 77, 108, 177, 244;
Baird 2000, p. 5-6; West et al. 2000, pp. 251, 253; Badra 2002, pers.
comm.; Butler 2002, p. 6; Williams et al. 2008, p. 498; Jones et al.
2019, p. 205). Within these areas, rayed bean typically occur in or
near shoal or riffle (short, shallow length of stream where the stream
flows more rapidly) areas, and in the shallow wave-washed areas of
glacial lakes over gravel and sand substrates (West et al. 2000, p.
253). Sheepnose typically occur in shallow shoal habitats with moderate
to swift currents--ranging from riffles of a few inches in depth to
runs that exceed 20 feet (6 meters) in larger rivers--over mixtures of
coarse sand, gravel, and clay (Ortman 1919, p. 68; Cummings and Mayer
1992, p. 50; Oesch 1995, p. 121; Parmalee and Bogan 1998, pp. 77, 177;
Jones et al. 2019, p. 205). Snuffbox typically occur in swift currents
of riffles and shoals in rivers and streams and the wave-washed shores
of lakes over gravel and sand with occasional cobble and boulders
(Cummings and Mayer 1992, p. 162; Parmaleee and Bogan 1998, p. 108).
Spectaclecase typically occur in rivers and streams with slow to swift
currents--often in quiet water near the interface of swift currents--
over substrates that range from mud and sand to gravel, cobble, and
boulders within relatively shallow riffles and shoals (Stansbery 1967,
p. 29-30; Buchanan 1980, p. 13; Parmalee and Bogan 1998, p. 50; Baird
2000, p. 5-6).
Appropriate flow is critical for delivering oxygen and nutrients
for respiration and filtration (i.e., survival and growth), essential
for reproduction to allow glochidia to move to their host and encyst,
as well as removing silt and other fine sediments from within rock
structures and crevices, which prevents mussel suffocation and
degradation of mussel and/or host-fish shelter habitats. Normal
fluctuations in flow velocity are expected; however, extreme changes
can be detrimental. Significant and/or prolonged increases in velocity,
typically associated with flood conditions, has the potential to
dislodge and scour mussels and move the bed, destroying habitat for the
mussels and their host fishes (Holland-Bartels 1990, pp. 331-332;
Layzer and Madison 1995, p. 135). Further, abnormally high velocities
have the potential to cause glochidia mortality due to wash out and
displacement of juveniles and adults. Alternatively, extreme low flows,
typically associated with drought or water withdrawals, can impact
reproduction, feeding, respiration, and in some cases, result in
exposure and/or desiccation of the species (Fisher and LaVoy 1972 pp.
1473-1476; Stegman 2020, entire). Although some individuals are found
in areas that experience seasonal low flows, areas that experience
periodic drying or intermittent flow generally cannot support mussel
assemblages.
Appropriate water quality is critical to the survival,
reproduction, and persistence of all life stages of freshwater mussels.
Point and non-point source contaminants result in water quality and
habitat degradation. Contaminants alter the chemical, physical, and
biological characteristics of a stream, resulting in lethal and sub-
lethal effects to mussels and their fish hosts. Although specific data
for these parameters with respect to these four species are not
directly available, mussels in general are similar in terms of
sensitivity to certain thresholds, depending on the life stage exposed.
In general, mussels need water temperatures below 86 degrees Fahrenheit
(30 degrees Celsius), dissolved oxygen concentrations greater than 5
milligrams per liter (Pandolfo 2010, entire), and water quality
concentrations below acute toxicity levels to mussels for contaminants
such as total ammonia, nitrogen, copper, chloride, and sulfate (see
Appendix B, Service 2022a, b, c, d).
Habitat Connectivity
A mussel population includes more than one mussel bed; it is the
collection of mussel beds within a stream reach between which infested
host fish may travel, allowing for ebbs and flows in mussel bed density
and abundance through time throughout the population's occupied reach.
Therefore, resilient populations of all four species must occupy
connected stream reaches long enough so that stochastic events that
affect individual mussel beds do not eliminate the entire population.
Connectivity is characterized by suitable water quality, lack of
barriers to dispersal (e.g., perched culverts, hydropower dams that
lack passage for host fishes, water control structures), and presence
of suitable shelter habitat and forage base for host fish(es).
Repopulation, through dispersal via infected host fish from other
mussel beds within a given stream reach, can allow the population and
individual beds within that population to recover from these stochastic
events. Long stream reaches are more likely to support resilient
populations into the future than shorter stream reaches; thus, long
reaches of connected stream habitat is essential to support all life
stages of all four species.
Presence of Host Fish Species
All four species are obligate parasites that rely on specific host-
fish for developing into juvenile mussels and dispersal. Glochidia must
come into contact with specific host fish to ensure survival; without
the proper host fish, glochidia will perish and fail to transform into
juvenile mussels. Each mussel species relies on a different suite of
host fish(es).
Rayed bean depend on darter and sculpin species as host fish;
however, the exact suite of host fish species is unknown (Parmalee and
Bogan, 1998, p. 245; West et al. 2000, p. 254). Gravid females attract
host fish with a modified mantle flap. The only published studies
identify the Tippecanoe darter (Etheostoma tippecanoe) and spotted
darter (E. maculatum) as host fish (White et al. 1996, p. 191; Gibson
et al. 2011, p. 7); however, these species are not (and were not) found
throughout the species' current or historical range. Other host fishes
are thought to include the greenside darter (E. blenniodes), rainbow
darter (E. caeruleum), mottled sculpin (Cottus bairdi), and largemouth
bass (Micropterus salmoides) (Woolnough 2002, p. 51). Based on closely
related species that occur in the same areas and habitats, additional
hosts may be susceptible, including species in the subgenus Nothonotus
of Etheostoma, sculpins (Cottus spp.), and fantail darter (E.
flabellare) (Jones 2002, pers. comm.).
Sheepnose depend on mimic shiner (Notropis volucellus) and sauger
(Sander canadensis) as host fish; of these, only mimic shiner has been
observed to be naturally infested and successfully facilitate
transformation of juveniles in the lab and is most likely the primary
host species. However, lab studies suggest that sheepnose may be able
to use a wider variety of fish species including fathead minnow
(Pimephales promelas), creek chub (Semotilus atrromaculatus), central
stoneroller (Campostoma anomalum), brook stickleback (Culaea
inconstans), and golden shiner (Notemigonus cryoleucas) (Watters et al.
2005, pp. 11-12; Bradley 2021, pers. comm.).
Snuffbox mussels rely on darter and sculpin species as fish hosts,
using log perch (Percina caprodes) as their primary host species.
Female snuffbox lure host fish with an inflated mantle (i.e., lure) and
close their shell around the head of the fish long enough to expel
their glochidia and allow for their attachment to the gills of the
fish, before releasing the fish (Schwalb et al. 2011,
[[Page 101105]]
p. 224). Given this life history strategy, they rely on clear water
that allows their lures to be visible by potential fish hosts. Other
potential host species from lab studies include the blackside darter
(P. maculata), rainbow darter, Iowa darter (E. exile), blackspotted
topminnow (Fundulus olivaceous), mottled sculpin, banded sculpin (C.
carolinae), Ozark sculpin (C. hypselurus), largemouth bass, and brook
stickleback (Culaea inconstans) (Sherman 1994, p. 17, Yeager and Saylor
1995, p. 3; Hillegass and Hove 1997, p. 25; Barnhart et al. 1998, p.
34; Hove et al. 2000, p. 30; Sherman Mulcrone 2004, pp. 100-103).
Spectaclecase depend on mooneye (Hiodon tergisus) and goldeye
(Hiodon alosoides) as host fishes (Sietman et al. 2017, p. 18). Natural
infestations of spectaclecase have been observed on bigeye chub
(Hybopsis amblops) and pealip redhorse (Moxostoma pisolabrum); however,
they are not confirmed host fish species because juvenile mussels have
not been observed transforming from these species in lab studies (Baird
2000, p. 24).
Summary of Essential Physical or Biological Features
We derive the specific physical or biological features essential to
the conservation of the rayed bean, sheepnose, snuffbox, and
spectaclecase from studies of the species' habitat, ecology, and life
history as described above. Additional information can be found in the
SSA report for each species (Service 2022a, pp. 3-10; Service 2022b,
pp. 4-13; Service 2022c, pp. 3-11; Service 2022d, pp. 4-11; all SSA
reports are available on <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-
R3-ES-2024-0144) and on the Service's website at the respective
species' profile pages (see Availability of supporting materials under
ADDRESSES, above). The primary habitat features that support resiliency
of the four mussel species include flow regime, habitat connectivity,
water and sediment quality, and the presence of host fish species. The
link between these habitat features and the needs of each life stage of
the four mussel species is summarized in table 1, below.
Table 1--Habitat Requirements for Each Life Stage of the Four Mussel Species
----------------------------------------------------------------------------------------------------------------
Life stage Supporting habitat or biological features Reference
----------------------------------------------------------------------------------------------------------------
Fertilized eggs.................... <bullet> Suitable water quality................ Ortman 1919, p. 66; Fuller
<bullet> Sexually mature males in proximity to 1974, pp. 240-241; Berg
sexually mature females. et al. 2008, p. 397; Haag
<bullet> Suitable spawning water temperatures.. 2012, pp. 38-39.
<bullet> Suitable flow conditions..............
Glochidia.......................... <bullet> Suitable water quality (clear water Fuller 1974, pp. 240-241;
for visual attraction of host). Strayer 2008, p. 65;
<bullet> Availability of host fish for Guenther et al. 2009, p.
attachment. 20; Haag 2012, pp. 41-42;
[cir] Rayed bean: darter and sculpin species... Wolf et al. 2012, p. 7;
[cir] Sheepnose: mimic shiner (Notropis Hove et al. 2015, pp. 4,
volucellus) and sauger (Sander canadensis). 6-8, 12-13.
[cir] Snuffbox: logperch (Percina caprodes) and
darter and sculpin species.
[cir] Spectaclecase: mooneye (Hiodon tergisus)
and goldeye (H. alosoides).
<bullet> Suitable water temperature............
<bullet> Suitable flow conditions to ensure
glochidia encounter host.
Juveniles.......................... <bullet> Suitable water quality (appropriate Ortman 1919, p. 68; Fuller
interstitial chemistry, low salinity, low 1974, pp. 220-221, 238-
ammonia, low copper and other contaminants, 246; Cummings and Mayer
high dissolved oxygen). 1992, p. 50; Dimock and
<bullet> Suitable water temperature............ Wright 1993, pp. 188-190;
<bullet> Suitable flow conditions.............. Yeager et al. 1994, p.
<bullet> Host fish dispersal................... 221; Sparks and Strayer
<bullet> Food availability: smaller algae, 1998, p. 132; Augspurger
detritus, bacteria, organic matter, pedal et al. 2003, p. 2,574;
feeding for first several months. Augspurger et al. 2007,
<bullet> Suitable substrate conditions:........ p. 2,025; Schwalb et al.
[cir] Rayed bean and snuffbox: stable sand and 2011, entire; Strayer and
gravel. Malcom 2012, pp. 1,787-
[cir] Sheepnose: firm/stable; coarse sand and 1,788; Watters et al.
gravel; cobble; may include mud. 2009, p. 221.
[cir] Spectaclecase: firm/stable; coarse sand,
gravel, and rock free from excessive silt; may
include large slabs/boulders.
Adults............................. <bullet> Suitable water quality (appropriate Ortmann 1919, p. 68;
interstitial chemistry, low salinity, low Fuller 1974, pp. 221, 240-
ammonia, low copper and other contaminants, 246; Cummings and Mayer
high dissolved oxygen). 1992, p. 50; Yeager et
<bullet> Suitable water temperature............ al. 1994, p. 221;
<bullet> Suitable flow conditions.............. Parmalee and Bogan 1998,
<bullet> Food availability: algae, detritus, p. 177; Nichols and
bacteria, dissolved organic matter, Garling 2000, p. 881;
microscopic animals. Chen et al. 2001, pp. 213-
<bullet> Suitable substrate conditions:........ 214; Spooner and Vaughn
[cir] Rayed bean and snuffbox: stable sand and 2008, p. 308; Watters et
gravel. al. 2009, p. 221.
[cir] Sheepnose: firm/stable; coarse sand and
gravel; cobble; may include mud.
[cir] Spectaclecase: firm/stable; coarse sand,
gravel, and rock free from excessive silt; may
include large slabs/boulders.
----------------------------------------------------------------------------------------------------------------
We have determined that the following physical or biological
features are essential to the conservation of the rayed bean,
sheepnose, snuffbox, and spectaclecase:
(i) Adequate flows, or a hydrological flow regime (magnitude,
timing, frequency, duration, rate of change, and overall seasonality of
discharge over time), necessary to maintain benthic habitats where the
species are found and to maintain stream connectivity.
(ii) Suitable substrates and connected instream habitats,
characterized by geomorphologically stable stream channels and banks
(i.e., channels that maintain lateral dimensions, longitudinal
profiles, and sinuosity patterns over time without an aggrading or
degrading bed elevation) that support the four mussel species and their
respective host fishes (e.g., sand and gravel substrate with moderate
flow, aquatic vegetation, in and adjacent to riffles and shoals).
(iii) Water and sediment quality necessary to sustain natural
physiological processes for normal behavior, growth, and viability of
all life stages, including appropriate levels of
[[Page 101106]]
dissolved oxygen (generally above 2 to 3 parts per million (ppm)),
salinity (generally below 2 to 4 ppm), and temperature (generally below
86 degrees Fahrenheit ([deg]F) (30 degrees Celsius ([deg]C))).
Additionally, concentrations of contaminants, including (but not
limited to) ammonia, nitrate, copper, and chloride, are below acute
toxicity levels for mussels.
(iv) The presence and abundance of host fishes necessary for
recruitment of the species. For the rayed bean, these are darter and
sculpin species; for the sheepnose, these are mimic shiner (Notropis
volucellus) and sauger (Sander canadensis); for the snuffbox, these are
logperch (Percina caprodes) and darter and sculpin species; and for the
spectaclecase, these are mooneye (Hiodon tergisus) and goldeye (H.
alosoides).
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 which are essential to the conservation of
the species and which may require special management considerations or
protection.
The features essential to the conservation of the rayed bean,
sheepnose, snuffbox, and spectaclecase may require special management
considerations or protection to reduce the following threats: (1)
construction or operation of reservoirs; (2) urbanization of the
landscape, including (but not limited to) land conversion to impervious
surfaces for urban and commercial use, infrastructure (pipelines,
roads, bridges, utilities), and wastewater treatment; (3) significant
alteration of water quality and nutrient pollution from a variety of
activities, such as mining and agricultural activities; (4) land-use
activities that remove large areas of forested wetlands and riparian
systems; (5) culvert, dam, and pipe installation that creates barriers
to movement for the mussels or their host fish; and (6) other watershed
and floodplain disturbances that release sediments, pollutants, or
nutrients into the water.
Management activities that could ameliorate these threats include,
but are not limited to, use of best management practices designed to
reduce sedimentation, erosion, and bank destruction; protection of
riparian corridors and woody vegetation; modification of dam operations
and/or dam removal to more closely match natural flow regimes; improved
stormwater management; and reduction of other watershed and floodplain
disturbances that release sediments, pollutants, or nutrients into the
water.
Criteria Used To Identify Critical Habitat
As required by section 4(b)(2) of the Act, we use the best
scientific data available to designate critical habitat. In accordance
with the Act and our implementing regulations at 50 CFR 424.12(b), we
review available information pertaining to the habitat requirements of
the species and identify specific areas within the geographical area
occupied by the species at the time of listing and any specific areas
outside the geographical area occupied by the species to be considered
for designation as critical habitat. We are not currently proposing to
designate any areas outside the geographical area occupied by the
species because we have not identified any unoccupied areas that meet
the definition of critical habitat, and we have determined that
occupied areas are sufficient to conserve these four species. Within
the recovery plans for all four species, we outline that recovery can
be achieved by protecting and maintaining or enhancing existing
occupied areas, with no need to create or establish new habitat areas
or populations for all four species. Thus, the proposed designation
includes only the occupied rivers and streams within the species'
current range that contain the physical or biological features
essential to the conservation of the species and that provide the best
conditions for the maintenance and expansion of existing populations.
Methodology Used for Selection of Proposed Units
First, we identified those areas within the geographical areas
occupied by the species at the time of listing and that contain the
essential physical or biological features and determined which of these
features may require special management considerations or protection.
Most of these areas are where the high-condition populations, defined
in the SSA report as stable to increasing populations with high
estimated probability of persistence (or low risk), occur because these
are the areas that contain the features that meet the four species'
needs for maintaining viability. The presence of the essential physical
or biological features in these areas result in populations that have
recruitment, varied age class structures, and high-density populations
that are important to conservation and recovery actions, as they may
serve to bolster other diminished or extirpated populations.
Second, we examined the overall contribution of moderate-condition
populations--defined in the SSA report as stable to slightly decreasing
populations with moderate probability of persistence (or moderate
risk)--to viability of the species, as well as the amount of threats
acting on those populations. We then considered adjacency and
connectivity of these populations to the high-condition and other
moderate-condition populations. We did not include populations that
have potentially low likelihood of recovery due to limited abundances
or lack of connectivity, and we did not include areas that do not
contain the essential physical or biological features.
Third, we evaluated spatial redundancy and representation across
each of the four species' ranges to identify any remaining,
consistently observable populations in a major river basin that may
contain unique diversity or habitat or both. If we identified such
populations, we include them in this proposed designation. For
instance, the lower Mississippi River Basin is comprised of a single
population of sheepnose within the Big Sunflower River of Bolivar and
Sunflower Counties, Mississippi; this population is in low condition.
However, this population exists at the southern edge of the species'
range and may have unique genetic diversity that is not present
elsewhere within the species' range, and this unit contains one or more
of the essential physical or biological features. Thus, we include this
stream segment in the sheepnose's proposed designation to enhance the
likelihood of maintaining genetic diversity.
Finally, we evaluated the overlap of the four species' occurrences,
as well as their overlap with other listed aquatic species and
designated critical habitat, where existing conservation and monitoring
efforts may be ongoing. In areas with a high degree of overlap or
existing conservation efforts, we included and/or extended areas of
critical habitat within the overlapping areas. These areas were
considered in formulating this proposed critical habitat designation
because they contain the physical or biological features that are
essential to the conservation of the species and that may require
special management considerations. These areas may promote conservation
and recovery through maintaining the ecological community and existing
genetic diversity for the species.
For all proposed critical habitat units, we define the upstream and
downstream boundaries around areas that were occupied by the species at
the time of listing and that contain the
[[Page 101107]]
physical or biological features essential to conservation of the
species using easily recognizable features (e.g., confluence of two
named streams, impoundments).
Sources of data for these proposed critical habitat designations
include multiple databases maintained by universities, information from
State agencies throughout the species' ranges, and numerous survey
reports on threats throughout the species' ranges (as cited in Service
2022a, entire; Service 2022b, entire; Service 2022c, entire; Service
2022d, entire; all reports are available on <a href="https://www.regulations.gov">https://www.regulations.gov</a>
at Docket No. FWS-R3-ES-2024-0144). We also reviewed available
information that pertains to the habitat requirements for these
species. Sources of information on habitat requirements include studies
conducted at occupied sites and published in peer-reviewed articles,
agency reports, and data collected during monitoring efforts (as cited
in Service 2022a, entire; Service 2022b, entire; Service 2022c, entire;
Service 2022d, entire; all reports are available on <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-R3-ES-2024-0144). River segments
were defined using the National Hydrography Dataset Plus High
Resolution (NHDPlus HR) dataset maintained by the U.S. Geological
Survey (Moore et al. 2019, entire).
In summary, for areas within the geographical area occupied by the
species at the time of listing, we delineated critical habitat unit
boundaries using the following criteria:
(1) We identified river and stream reaches with observations from
2000 to present for rayed bean, sheepnose, and snuffbox, as well as
river and stream reaches with observations from 1970 to present for
spectaclecase, and considered these areas to be currently occupied. For
spectaclecase, we determined that it is reasonable to find these areas
occupied over a longer timeframe due to its longer lifespan (50 or more
years on average), compared to the other mussel species (less than 30
years on average). For all species, the available State heritage
databases and information, as well as increased survey efforts and
detections of the species since 2012 in previously unknown areas of
suitable habitat, support the likelihood of the species' continued
presence in known occupied areas since the time of listing in 2012.
(2) We delineated specific habitat areas based on Natural Heritage
Element Occurrences, published reports, and unpublished survey data
provided by States and other partners. These areas provide habitat for
the four mussel species, despite fluctuations in local conditions. The
areas within the proposed units represent continuous river and stream
reaches of relatively free-flowing habitat patches capable of
sustaining fish hosts and allowing for transport of glochidia, which
are essential for reproduction and dispersal of these species.
(a) Rayed bean: We are proposing to designate critical habitat for
the rayed bean in the Black River, Pine River, Belle River, River
Raisin, Clinton River, Fish Creek, Swan Creek, Blanchard River,
Allegheny River, Olean Creek, Oil Creek, Oswayo Creek, French Creek,
LeBoeuf Creek, Muddy Creek, Cussewago Creek, Little Darby Creek, Big
Darby Creek, Great Miami River, and Tippecanoe River (see Proposed
Critical Habitat Designation, below). All of these rivers and streams
were known to be occupied at the time of listing except River Raisin,
Oil Creek, Oswayo Creek, and Little Darby Creek. Although the rayed
bean was not known from River Raisin (detected in 2015), Oil Creek
(detected in 2015), Oswayo Creek (detected in 2015), and Little Darby
Creek (detected in 2023) at the time of listing, all of the rivers and
streams are either tributaries to or occur within a watershed where the
rayed bean was known to occur at the time of listing, except for River
Raisin. Eight adult rayed bean were detected in the River Raisin in
2015, representing an occurrence in an entirely new watershed that was
not known to be occupied at the time of listing. Given that the species
is able to live in excess of 20 years, juvenile and adult mussels are
immobile, adults mature around age 4 or 5, and the detections were of
reproducing adults of unknown ages, it is reasonable to assume that
these watersheds were also occupied at the time of listing in 2012 and
had not been detected due to lack of survey effort. Thus, we consider
all proposed units to have been occupied at the time of listing and
appropriate for designation as occupied critical habitat. Furthermore,
given that the mussel beds within River Raisin, Oil Creek, Oswayo
Creek, and Little Darby Creek are considered currently occupied and
fall within the currently extant range for the species (i.e., wherever
found), we would consult on any activities that are occurring or that
will occur within these areas of the species' range.
(b) Sheepnose: We are proposing to designate critical habitat for
the sheepnose in the Chippewa River, Kankakee River, Meramec and
Bourbeuse Rivers, Allegheny River, Green River, Tippecanoe River,
Walhonding River, Tennessee River, Clinch River, Powell River, and Big
Sunflower River (see Proposed Critical Habitat Designation, below). All
of these rivers and streams were known to be occupied at the time of
listing.
(c) Snuffbox: We are proposing to designate critical habitat for
the snuffbox in the Wolf River, Embarrass River, Little Wolf River,
Grand River (Michigan), Flat River, Clinton River, Huron River, Grand
River (Ohio), West Branch Grand River (Ohio), Allegheny River, French
Creek, LeBoeuf Creek, Cussewago Creek, Woodcock Creek, Muddy Creek,
Conneaut Outlet, West Fork River, Shenango River, Little Shenango
River, Middle Island Creek, Meathouse Fork, McElroy Creek, Little
Kanawha River, Leading Creek, Hughes River, North Fork Hughes River,
South Fork Hughes River, Kanawha River, Elk River (West Virginia),
Olentangy River, Little Darby Creek, Big Darby Creek, Stillwater River,
Tygarts Creek, Kinniconick Creek, Licking River, Slate Creek, Middle
Fork Kentucky River, Red Bird River, Red River, Green River, Salamonie
River, Tippecanoe River, Embarras River, Rolling Fork Salt River,
Clinch River, Powell River, Paint Rock River, Elk River (Tennessee),
Duck River, St. Croix River, Meramec River, Bourbeuse River, St.
Francis River, and Spring River (see Proposed Critical Habitat
Designation, below). All of these rivers and streams were known to be
occupied at the time of listing except for Cussewago Creek, West Fork
River, Meathouse Fork, South Fork Hughes River, Leading Creek, and
Kanawha River. Although the snuffbox was not reported from or detected
in Cussewago Creek (detected in 2011; reported post-listing), West Fork
River (detected in 2020), Meathouse Fork (detected in 2001; reported in
2016), South Fork Hughes River (detected in 2001; reported in 2016),
Leading Creek (detected in 2017), and Kanawha River (detected in 2017)
prior to the snuffbox's listing in 2012, all of the rivers and streams
are either tributaries to or occur within the watershed where the
snuffbox was known to occur at the time of listing. In Cussewago Creek,
a fresh dead adult was detected in 2011, but this observation was not
reported to the Service until after the species was listed. In West
Fork River, three live adults were found in 2020. In the Meathouse Fork
and South Fork Hughes River, live snuffbox were detected in 2001, but
the data were not reported to the Service until 2016. Follow up surveys
in the South Fork Hughes River in 2017 found live individuals dispersed
across 24 miles (39 kilometers) of river. In Leading Creek, although
the species was presumed
[[Page 101108]]
extirpated from this reach at the time of listing, one live individual
was detected in 2017. Finally, in the Kanawha River, although the
species was thought to be extirpated from this reach at the time of
listing, one live individual was detected in 2017. Regarding the
Cussewago Creek, Meathouse Fork, and South Fork Hughes River, snuffbox
was extant in these areas at the time of listing in 2012; however,
these data were not provided to the Service until after the species was
listed. Regarding all rivers--including the West Fork River, Leading
Creek, and Kanawha River--given that all mussel beds occur within areas
that are connected to known occupied areas, the species is known to
live in excess of 20 years, juvenile and adult mussels are immobile,
adults mature around age 5, and many of these detections were of
reproducing adults, it is reasonable to assume that these areas were
occupied at the time the species was listed in 2012. As such, we
consider all proposed units to be occupied at the time of listing and
appropriate for designation as occupied critical habitat. Furthermore,
given that the mussel beds within Cussewago Creek, West Fork River,
Meathouse Fork, South Fork Hughes River, Leading Creek, and Kanawha
River are considered to be currently occupied and fall within the
currently extant range for the species (i.e., wherever found), we would
consult on any activities that are occurring or that will occur within
these areas of the species' range.
(d) Spectaclecase: We are proposing to designate critical habitat
for the spectaclecase in the St. Croix River, Mississippi River,
Meramec River, Big River, Gasconade River, Big Piney River, Ouachita
River, Tennessee River, Clinch River, Nolichucky River, Green River,
and Kanawha River (see Proposed Critical Habitat Designation, below).
All of these rivers and streams were known to be occupied at the time
of listing.
When determining proposed critical habitat boundaries, we made
every effort to avoid including developed areas such as lands covered
by buildings, pavement, and other structures because such lands lack
physical or biological features necessary for the rayed bean,
sheepnose, snuffbox, and spectaclecase. Critical habitat for these
mussels includes only stream channels up to bankfull height, where the
stream base flow is contained within the channel. 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 or biological features in the adjacent critical
habitat.
The proposed critical habitat designation is defined by the map or
maps, as modified by any accompanying regulatory text, presented at the
end of this document under Proposed Regulation Promulgation.
Proposed Critical Habitat Designation
We are proposing approximately 560 river miles (rmi) (902 river
kilometers (rkm)) in 15 units as critical habitat for rayed bean;
approximately 801 rmi (1,289 rkm) in 11 units as critical habitat for
sheepnose; approximately 2,472 rmi (3,979 rkm) in 38 units as critical
habitat for snuffbox; and approximately 1,143 rmi (1,839 rkm) in 12
units as critical habitat for spectaclecase. In total, we are proposing
to designate approximately 3,974 rmi (6,396 rkm) of unique critical
habitat within 76 units across 17 States; many proposed units overlap
entirely or within some portion of the proposed units for other species
within this proposed rule. All units are considered to be occupied by
the species--which are already listed as endangered species under the
Act--and all units are occupied by one or more other species already
listed under the Act (i.e., not including the four mussels included in
these proposed designations). No unoccupied units are being proposed
for any of the four species. All proposed critical habitat units
consist of the streambed up to the ordinary high-water mark, as defined
at 33 CFR 328.3(c)(4) in the regulations that implement the Clean Water
Act (33 U.S.C. 1251 et seq.). Streambed ownership varies by State and
by navigability of the stream. In general, the streambed up to the
ordinary high-water mark is public waters of the State; however, there
are instances where the streambed is owned by the adjacent landowners.
When describing land ownership, below, we use adjacent landownership as
a proxy for land ownership that is consistent across the ranges of
these species. The critical habitat areas we describe below constitute
our current best assessment of areas that meet the definition of
critical habitat for all four species.
The 15 areas we propose as critical habitat for the rayed bean are:
(1) Black River, (2) Pine River, (3) Belle River, (4) River Raisin, (5)
Clinton River, (6) Fish Creek, (7) Swan Creek, (8) Blanchard River, (9)
Allegheny River, (10) Middle Allegheny River, (11) French Creek, (12)
Little Darby Creek, (13) Big Darby Creek, (14) Great Miami River, and
(15) Tippecanoe River. Table 2 shows the proposed critical habitat
units, identifies the owners by type (Federal, State, local, or
private) of land adjacent to each proposed unit, and provides the
approximate area of each unit. All proposed units are considered
occupied at the time of listing.
Table 2--Proposed Critical Habitat Units for Rayed Bean
[Length estimates reflect all land within critical habitat unit
boundaries]
------------------------------------------------------------------------
Size of unit in
Adjacent land river miles
Critical habitat unit ownership type(s) (river
kilometers)
------------------------------------------------------------------------
RABE 1: Black River........... State, Private....... 32 (51)
RABE 2: Pine River............ Private.............. 3 (5)
RABE 3: Belle River........... Private.............. 8 (13)
RABE 4: River Raisin.......... Local, Private....... 8 (13)
RABE 5: Clinton River......... Local, Private....... 8 (13)
RABE 6: Fish Creek............ State, Local, Private 31 (50)
RABE 7: Swan Creek............ Private.............. 4 (7)
RABE 8: Blanchard River....... Local, Private....... 28 (45)
RABE 9: Allegheny River....... Local, Private....... 32 (52)
RABE 10: Middle Allegheny Federal, State, 169 (272)
River. Local, Private.
RABE 11: French Creek......... Federal, State, 100 (161)
Local, Private.
[[Page 101109]]
RABE 12: Little Darby Creek... State, Local, Private 21 (35)
RABE 13: Big Darby Creek...... State, Local, Private 38 (60)
RABE 14: Great Miami River.... Private.............. 11 (18)
RABE 15: Tippecanoe River..... State, Local, Private 65 (105)
------------------
Total..................... ..................... 560 (902)
------------------------------------------------------------------------
Note: Lengths may not sum due to rounding.
The 11 areas we propose as critical habitat for the sheepnose are:
(1) Lower Chippewa River, (2) Kankakee River, (3) Meramec and Bourbeuse
Rivers, (4) Middle Allegheny-Tionesta, (5) Upper Green River, (6)
Tippecanoe River, (7) Walhonding River, (8) Lower Tennessee River, (9)
Upper Clinch River, (10) Powell River, and (11) Big Sunflower River.
Table 3 shows the proposed critical habitat units, identifies the
owners by type (Federal, State, local, or private) of land adjacent to
each proposed unit, and provides the approximate area of each unit. All
proposed units are considered occupied at the time of listing.
Table 3--Proposed Critical Habitat Units for Sheepnose
[Length estimates reflect all land within critical habitat unit
boundaries]
------------------------------------------------------------------------
Size of unit in
Adjacent land river miles
Critical habitat unit ownership type(s) (river
kilometers)
------------------------------------------------------------------------
SHNO 1: Lower Chippewa River.. Federal, State, 57 (92)
Local, Private.
SHNO 2: Kankakee River........ Federal, State, 51 (82)
Local, Private.
SHNO 3: Meramec and Bourbeuse State, Local, Private 153 (246)
Rivers.
SHNO 4: Middle Allegheny- State, Local, Private 28 (45)
Tionesta.
SHNO 5: Upper Green River..... Federal, State, 157 (253)
Local, Private.
SHNO 6: Tippecanoe River...... Federal, State, 84 (135)
Local, Private.
SHNO 7: Walhonding River...... State, Local, Private 24 (38)
SHNO 8: Lower Tennessee River. Federal, Private..... 23 (36)
SHNO 9: Upper Clinch River.... Federal, State, 106 (171)
Private.
SHNO 10: Powell River......... State, Private....... 63 (101)
SHNO 11: Big Sunflower River.. Federal, Private..... 56 (90)
------------------
Total..................... ..................... 801 (1,289)
------------------------------------------------------------------------
Note: Lengths may not sum due to rounding.
The 38 areas we propose as critical habitat for the snuffbox are:
(1) Wolf River, (2) Embarrass River, (3) Little Wolf River, (4) Grand
River (Michigan), (5) Clinton River, (6) Huron River, (7) Grand River
(Ohio), (8) Allegheny River, (9) French Creek, (10) West Fork River,
(11) Shenango River, (12) Middle Island Creek, (13) Little Kanawha
River, (14) Kanawha River, (15) Olentangy River, (16) Little Darby
Creek, (17) Big Darby Creek, (18) Stillwater River, (19) Tygarts Creek,
(20) Kinniconick Creek, (21) Licking River, (22) Middle Fork Kentucky
River, (23) Red Bird River, (24) Red River, (25) Green River, (26)
Salamonie River, (27) Tippecanoe River, (28) Embarras River, (29)
Rolling Fork Salt River, (30) Clinch River, (31) Powell River, (32)
Paint Rock River, (33) Elk River, (34) Duck River, (35) St. Croix
River, (36) Meramec River, (37) St. Francis River, and (38) Spring
River. Table 4 shows the proposed critical habitat units, identifies
the owners by type (Federal, State, local, or private) of land adjacent
to each proposed unit, and provides the approximate area of each unit.
All proposed units are considered occupied at the time of listing.
Table 4--Proposed Critical Habitat Units for Snuffbox Mussel
[Length estimates reflect all land within critical habitat unit
boundaries]
------------------------------------------------------------------------
Size of unit in
Adjacent land river miles
Critical habitat unit ownership type(s) (river
kilometers)
------------------------------------------------------------------------
SNBO 1: Wolf River............ Federal, State, 8 (13)
Local, Private.
SNBO 2: Embarrass River....... Private.............. 18 (29)
SNBO 3: Little Wolf River..... Private.............. 12 (19)
SNBO 4: Grand River (Michigan) State, Local, Private 41 (65)
SNBO 5: Clinton River......... Local, Private....... 8 (13)
SNBO 6: Huron River........... State, Local, Private 16 (26)
SNBO 7: Grand River (Ohio).... Local, Private....... 23 (37)
[[Page 101110]]
SNBO 8: Allegheny River....... State, Local, Private 35 (57)
SNBO 9: French Creek.......... Federal, State, 130 (209)
Local, Private.
SNBO 10: West Fork River...... Private.............. 22 (35)
SNBO 11: Shenango River....... State, Local, Private 28 (45)
SNBO 12: Middle Island Creek.. Federal, State, 87 (140)
Local, Private.
SNBO 13: Little Kanawha River. Federal, State, 218 (351)
Local, Private.
SNBO 14: Kanawha River........ Local, Private....... 107 (172)
SNBO 15: Olentangy River...... Federal, State, 30 (48)
Local, Private.
SNBO 16: Little Darby Creek... State, Local, Private 21 (35)
SNBO 17: Big Darby Creek...... State, Local, Private 38 (60)
SNBO 18: Stillwater River..... Local, Private....... 12 (19)
SNBO 19: Tygarts Creek........ State, Private....... 89 (143)
SNBO 20: Kinniconick Creek.... Private.............. 52 (84)
SNBO 21: Licking River........ Federal, State, 239 (385)
Local, Private.
SNBO 22: Middle Fork Kentucky Private.............. 13 (21)
River.
SNBO 23: Red Bird River....... Federal, Private..... 60 (96)
SNBO 24: Red River............ Federal, State, 31 (49)
Private.
SNBO 25: Green River.......... Federal, State, 157 (253)
Local, Private.
SNBO 26: Salamonie River...... Federal, Private..... 12 (19)
SNBO 27: Tippecanoe River..... State, Local, Private 65 (105)
SNBO 28: Embarras River....... State, Local, Private 71 (114)
SNBO 29: Rolling Fork Salt Private.............. 95 (153)
River.
SNBO 30: Clinch River......... Federal, State, 170 (273)
Local, Private.
SNBO 31: Powell River......... State, Private....... 66 (106)
SNBO 32: Paint Rock River..... Federal, State, 53 (85)
Private.
SNBO 33: Elk River............ Private.............. 27 (43)
SNBO 34: Duck River........... State, Local, Private 47 (76)
SNBO 35: St. Croix River...... Federal, State, 53 (85)
Local, Private.
SNBO 36: Meramec River........ State, Local, Private 227 (365)
SNBO 37: St. Francis River.... Federal, State, 58 (93)
Private.
SNBO 38: Spring River......... State, Private....... 33 (53)
------------------
Total..................... ..................... 2,472 (3,979)
------------------------------------------------------------------------
Note: Lengths may not sum due to rounding.
The 12 areas we propose as critical habitat for the spectaclecase
are: (1) St. Croix River, (2) Mississippi River, (3) Meramec River, (4)
Big River, (5) Gasconade River, (6) Big Piney River, (7) Ouachita
River, (8) Tennessee River, (9) Clinch River, (10) Nolichucky River,
(11) Green River, and (12) Kanawha River. Table 5, below, shows the
proposed critical habitat units, identifies the owners by type
(Federal, State, local, or private) of land adjacent to each proposed
unit, and provides the approximate area of each unit. All proposed
units are considered occupied at the time of listing.
Table 5--Proposed Critical Habitat Units for Spectaclecase
[Length estimates reflect all land within critical habitat unit
boundaries]
------------------------------------------------------------------------
Size of unit in
Adjacent land river miles
Critical habitat unit ownership types (river
kilometers)
------------------------------------------------------------------------
SPCA 1: Saint Croix........... Federal, State, 53 (86)
Local, Private.
SPCA 2: Mississippi River..... Federal, State, 132 (213)
Local, Private.
SPCA 3: Meramec River......... State, Local, Private 156 (251)
SPCA 4: Big River............. Local, Private....... 11 (17)
SPCA 5: Gasconade River....... Federal, State, 223 (358)
Private.
SPCA 6: Big Piney River....... Federal, State, 53 (86)
Private.
SPCA 7: Ouachita River........ Local, Private....... 83 (133)
SPCA 8: Tennessee River....... Federal, State, 142 (228)
Local, Private.
SPCA 9: Clinch River.......... Federal, State, 160 (257)
Local, Private.
SPCA 10: Nolichucky River..... Federal State, 37 (60)
Private.
SPCA 11: Green River.......... Federal, State, 77 (125)
Private.
SPCA 12: Kanawha River........ Federal, Local, 16 (25)
Private.
------------------
Total..................... ..................... 1,143 (1,839)
------------------------------------------------------------------------
Note: Lengths may not sum due to rounding.
[[Page 101111]]
We present brief descriptions of all units, and reasons why they
meet the definition of critical habitat, for the rayed bean, sheepnose,
snuffbox, and spectaclecase mussels below.
I. Rayed Bean
RABE 1: Black River
RABE 1 consists of 32 rmi (51 rkm) of the Black River and Mill
Creek in St. Clair County, Michigan. The Black River portion of the
unit includes 8 rmi (13 rkm) in St. Clair County, Michigan, from the
State Highway 136 Bridge (Beard Road Bridge) in Clyde Township
downstream to the Wadhams Road Bridge in Kimball Township. This unit
also includes 24 rmi (38 rkm) of Mill Creek in St. Clair County,
Michigan, from its confluence with Thompson Drain northwest of Brockway
Township downstream to its confluence with Black River at Ruby. The
unit includes the river channel up to the ordinary high-water mark.
Approximately 21.5 percent (7 rmi (11 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State)
ownership, and 78.5 percent (25 rmi (40 rkm)) are in private ownership.
Adjacent State lands are owned or managed by the Michigan Department of
Natural Resources. RABE 1 is occupied by the species and contains all
the physical or biological features essential to the species'
conservation. The unit overlaps in part or in full with proposed
critical habitat for the proposed endangered salamander mussel
(Simpsonaias ambigua) (88 FR 57224, August 22, 2023).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
habitat degradation and loss due to the amount of impervious surface
and urbanization; and the presence of invasive species.
RABE 2: Pine River
RABE 2 consists of 3 rmi (5 rkm) of the Pine River in St. Clair
County, Michigan. This unit extends from the confluence of the Pine
River and Rattle Run downstream to Newman Road in St. Clair Township
(St. Clair County, Michigan). The unit includes the river channel up to
the ordinary high-water mark.
All of the riparian lands adjacent to, but not included in, this
unit are in private ownership. RABE 2 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
habitat degradation and loss due to the amount of impervious surface
and urbanization; and the presence of invasive species.
RABE 3: Belle River
RABE 3 consists of 8 rmi (13 rkm) of the Belle River in St. Clair
County, Michigan. This unit extends from the Westrick Road Bridge
downstream to the King Road Bridge in China Township, in St. Clair
County, Michigan. The unit includes the river channel up to the
ordinary high-water mark.
All of the riparian lands adjacent to, but not included in, this
unit are in private ownership. RABE 3 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
habitat degradation and loss due to the amount of impervious surface
and urbanization; and the presence of invasive species.
RABE 4: River Raisin
RABE 4 consists of 8 rmi (13 rkm) of the River Raisin in Lenawee
County, Michigan. This unit extends from the Crockett Highway Bridge in
Palmyra Township downstream to the U.S. Route 223 Bridge (West Adrian
Street) in Blissfield, in Lenawee County, Michigan. The unit includes
the river channel up to the ordinary high-water mark.
Approximately 3.2 percent (0.3 rmi (0.5 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (local)
ownership, and 96.8 percent (8 rmi (13 rkm)) are in private ownership.
RABE 4 is occupied by the species and contains all the physical or
biological features essential to the species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
habitat degradation and loss due to the amount of impervious surface
and urbanization; and the presence of invasive species.
RABE 5: Clinton River
RABE 5 consists of 8 rmi (13 rkm) of the Clinton River in Oakland
County, Michigan. This unit extends from downstream of the fish
hatchery at Waterford Township downstream to Cass Lake east of Four
Towns, in Oakland County, Michigan. The unit includes the river channel
up to the ordinary high-water mark.
Approximately 11.0 percent (1 rmi (2 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (local)
ownership, and 89.0 percent (7 rmi (11 rkm)) are in private ownership.
RABE 5 is occupied by the species and contains all the physical or
biological features essential to the species' conservation. The unit
overlaps in part or in full with proposed critical habitat for the
proposed endangered salamander mussel (88 FR 57224; August 22, 2023)
and the federally endangered snuffbox mussel.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminant;
habitat degradation and loss due to the amount of impervious surface,
urbanization, and the lack of canopy cover and vegetative cover in the
riparian buffer; lack of connectivity due to barriers; and the presence
of invasive species.
RABE 6: Fish Creek
RABE 6 consists of 31 rmi (50 rkm) of Fish Creek in Steuben and
DeKalb Counties, Indiana, and Williams County, Ohio. This unit extends
from the Ohio Turnpike Interstate 80/Interstate 90 Bridge in Steuben
County, Indiana, downstream to the confluence of Fish Creek with St.
Joseph River north of Edgerton in Williams County, Ohio. The unit
includes the river channel up to the ordinary high-water mark.
Approximately 3.3 percent (1 rmi (2 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State and
local) ownership, and 96.7 percent (30 rmi (48 rkm)) are in private
ownership. Adjacent State lands are owned or managed by the Ohio
Department of Natural Resources. RABE 6 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation. The unit overlaps in part or in full with
designated critical habitat for the federally threatened rabbitsfoot
(Quadrula cylindrica cylindrica) (see 50 CFR 17.95(f) and 80 FR 24692,
April 30, 2015), and proposed critical habitat for the proposed
endangered salamander mussel (88 FR 57224, August 22, 2023).
The features essential to the conservation of this species may
require special management considerations or
[[Page 101112]]
protection to reduce the following threats: degradation of water
quality due to contaminants; impacts to the hydrological regime;
habitat degradation and loss due to agriculture; and the presence of
invasive species.
RABE 7: Swan Creek
RABE 7 consists of 4 rmi (7 rkm) of Swan Creek in Lucas County,
Ohio. This unit extends from the Monclova Road Bridge in Maumee
downstream to the Ohio Turnpike Interstate 80/Interstate 90 Bridge in
Maumee, in Lucas County, Ohio. The unit includes the river channel up
to the ordinary high-water mark.
All of the riparian lands adjacent to, but not included in, this
unit are in private ownership. RABE 7 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
impacts to the hydrological regime; habitat degradation and loss due to
the amount of impervious surface and urbanization; and the presence of
invasive species.
RABE 8: Blanchard River
RABE 8 consists of 28 rmi (45 rkm) of the Blanchard River in Hardin
and Hancock Counties, Ohio. This unit extends from the County Road 183
Bridge in Jackson Township (Hardin County, Ohio) downstream to the
State Route 568 Bridge (Carey Road Bridge) in Findlay (Hancock County,
Ohio). The unit includes the river channel up to the ordinary high-
water mark.
Approximately 4.3 percent (1 rmi (2 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (local)
ownership, and 95.7 percent (27 rmi (43 rkm)) are in private ownership.
RABE 8 is occupied by the species and contains all the physical or
biological features essential to the species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
habitat degradation and loss due to agriculture; and the presence of
invasive species.
RABE 9: Allegheny River
RABE 9 consists of 32 rmi (52 rkm) of the Allegheny River, Olean
Creek, Oil Creek, and Oswayo Creek in Allegany and Cattaraugus
Counties, New York, and McKean County, Pennsylvania. The Allegheny
River portion of this unit includes approximately 13 rmi (21 rkm) of
the Allegheny River from its confluence with Oswayo Creek just west of
Portville to the Interstate 86 Bridge in Allegany, in Cattaraugus
County, New York. The Olean Creek portion of this unit includes 8 rmi
(14 rkm) of Olean Creek from its confluence with Oil Creek in Hinsdale
downstream to the confluence with Allegheny River in Olean, in
Cattaraugus County, New York. The Oil Creek portion of this unit
includes 7 rmi (11 rkm) of Oil Creek from the Interstate 86 Bridge near
the Cattaraugus County/Allegany County line in New York downstream to
its confluence with Olean Creek in Hinsdale (Cattaraugus County, New
York). The Oswayo Creek portion of this unit includes 4 rmi (6 rkm) of
Oswayo Creek from the Pennsylvania/New York State Line in McKean
County, Pennsylvania, and Allegany County, New York, downstream to its
confluence with Allegheny River just west of Portville (Cattaraugus
County, New York). The unit includes the river channel up to the
ordinary high-water mark.
Approximately 10.2 percent (3 rmi (5 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (local)
ownership, and 89.8 percent (29 rmi (47 rkm)) are in private ownership.
RABE 9 is occupied by the species and contains all the physical or
biological features essential to the species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants and
oil and gas extraction; lack of connectivity due to barriers; habitat
degradation and loss due to urbanization and agriculture; and the
presence of invasive species.
RABE 10: Middle Allegheny River
RABE 10 consists of 169 rmi (272 rkm) of the Allegheny River in
Armstrong, Butler, Clarion, Forest, Venango, and Warren Counties,
Pennsylvania. This unit extends from the Kinzua Dam in Warren County,
Pennsylvania, downstream to Lock and Dam Number 5 in Armstrong County,
Pennsylvania. The unit includes the river channel up to the ordinary
high-water mark.
Approximately 24.6 percent (42 rmi (68 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local) ownership, and 75.4 percent (128 rmi (206 rkm)) are
in private ownership. Adjacent Federal lands are owned or managed by
the U.S. Forest Service and the Service. Adjacent State lands are owned
or managed by the Pennsylvania Bureau of Forestry and the Pennsylvania
Game Commission. RABE 10 is occupied by the species and contains all
the physical or biological features essential to the species'
conservation. The unit overlaps in part or in full with designated
critical habitat for the federally threatened longsolid (Fusconaia
subrotunda) (see 50 CFR 17.95(f) and 88 FR 14794, March 9, 2023) and
the federally threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR
24692, April 30, 2015), and proposed critical habitat for the proposed
endangered salamander mussel (88 FR 57224, August 22, 2023), the
federally endangered sheepnose, and the federally endangered snuffbox.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
lack of connectivity due to barriers; habitat degradation and loss due
to urbanization and agriculture; and the presence of invasive species.
RABE 11: French Creek
RABE 11 consists of 100 rmi (161 rkm) of French Creek, LeBoeuf
Creek, Muddy Creek, and Cussewago Creek in Crawford, Erie, Mercer, and
Venango Counties, Pennsylvania. The French Creek portion of this unit
includes 77 rmi (124 rkm) of French Creek from the Union City Reservoir
Dam northeast of Union City (Erie County, Pennsylvania) downstream to
its confluence with the Allegheny River near Franklin (Venango County,
Pennsylvania). The LeBoeuf Creek portion of this unit includes 3 rmi (5
rkm) of LeBoeuf Creek from the State Highway 97 Bridge in Waterford
Township downstream to its confluence with French Creek in Leboeuf
Township, in Erie County, Pennsylvania. The Muddy Creek portion of this
unit includes 14 rmi (23 rkm) of Muddy Creek from Pennsylvania Highway
77 near Little Cooley downstream to its confluence with French Creek
east of Cambridge Springs, in Crawford County, Pennsylvania. The
Cussewago Creek portion of this unit includes 6 rmi (10 rkm) of
Cussewago Creek from the Rogers Ferry Road Bridge in Hayfield Township
downstream to its confluence with French Creek in Meadville, in
Crawford County, Pennsylvania. The unit includes the river channel up
to the ordinary high-water mark.
Approximately 17.3 percent (17 rmi (27 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in
[[Page 101113]]
public (Federal, State, and local) ownership, and 82.7 percent (83 rmi
(134 rkm)) are in private ownership. Adjacent Federal lands are owned
or managed by the Service. Adjacent State lands are owned or managed by
the Pennsylvania Game Commission. RABE 11 is occupied by the species
and contains all the physical or biological features essential to the
species' conservation. The unit overlaps in part or in full with
designated critical habitat for the federally threatened longsolid (see
50 CFR 17.95(f) and 88 FR 14794, March 9, 2023) and the federally
threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR 24692, April 30,
2015), and proposed critical habitat for the proposed endangered
salamander mussel (88 FR 57224; August 22, 2023), the federally
endangered sheepnose, and the federally endangered snuffbox mussel.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
oil and gas development; habitat degradation and loss due to
urbanization and agriculture; the presence of invasive species; and the
loss of riparian buffer zones.
RABE 12: Little Darby Creek
RABE 12 consists of 21 rmi (35 rkm) of Little Darby Creek in
Madison and Union Counties, Ohio. This unit extends from the Ohio
Highway 161 Bridge near Chuckery (Union County, Ohio) downstream to the
U.S. Highway 40 Bridge near West Jefferson (Madison County, Ohio). The
unit includes the river channel up to the ordinary high-water mark.
Approximately 19.6 percent (4 rmi (7 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State and
local) ownership, and 80.4 percent (17 rmi (28 rkm)) are in private
ownership. Adjacent State lands are owned or managed by the Ohio
Department of Natural Resources. RABE 12 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation. The unit in part or in full overlaps with
designated critical habitat for the federally threatened rabbitsfoot
(see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015) and proposed
critical habitat for the federally endangered snuffbox mussel.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
habitat degradation and loss due to urbanization and row crop
agriculture; and the presence of invasive species.
RABE 13: Big Darby Creek
RABE 13 consists of 38 rmi (60 rkm) of Big Darby Creek in Franklin,
Madison, and Union Counties, Ohio. This unit extends from the Highway
36 Bridge in Milford Center (Union County, Ohio) downstream to the
State Route 665 Bridge (London Groveport Road) by Darbydale (Franklin
County, Ohio). The unit includes the river channel up to the ordinary
high-water mark.
Approximately 36.8 percent (14 rmi (22 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State and
local) ownership, and 63.2 percent (24 rmi (38 rkm)) are in private
ownership. Big Darby Creek is a State Scenic River, and adjacent State
lands are owned or managed by the Ohio Department of Natural Resources.
RABE 13 is occupied by the species and contains all the physical or
biological features essential to the species' conservation. The unit
overlaps in part or in full with proposed critical habitat for the
federally endangered snuffbox mussel.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
habitat degradation and loss due to urbanization and row crop
agriculture; lack of connectivity due to a barrier; and the presence of
invasive species.
RABE 14: Great Miami River
RABE 14 consists of approximately 11 rmi (18 rkm) of the Great
Miami River in Logan and Shelby Counties, Ohio. This unit extends from
the dam at Riverside Park in Quincy (Logan County, Ohio) downstream to
the Route 47 Bridge (Riverside Drive) in Sidney (Shelby County, Ohio).
The unit includes the river channel up to the ordinary high-water mark.
All of the riparian lands adjacent to, but not included in, this
unit are in private ownership. RABE 14 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
habitat degradation and loss due to urbanization and row crop
agriculture; lack of connectivity due to barriers; and the presence of
invasive species.
RABE 15: Tippecanoe River
RABE 15 consists of 65 rmi (105 rkm) of the Tippecanoe River in
Carroll, Pulaski, Tippecanoe, and White Counties, Indiana. The unit
extends from the State Highway 14 Bridge near Winamac (Pulaski County,
Indiana) downstream to the confluence of the Tippecanoe River with the
Wabash River northeast of Battle Ground (Tippecanoe County, Indiana),
excluding Lakes Shafer and Freeman and the stream reach between the two
lakes. The unit includes the river channel up to the ordinary high-
water mark.
Approximately 5.1 percent (3 rmi (5 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State and
local) ownership, and 94.9 percent (62 rmi (100 rkm)) are in private
ownership. Adjacent State lands are owned or managed by the Indiana
Department of Natural Resources. RABE 15 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation. The unit overlaps in part or in full with
designated critical habitat for the federally threatened rabbitsfoot
(see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015) and the federally
threatened round hickorynut (see 50 CFR 17.95(f) and 88 FR 14794; March
9, 2023), and proposed critical habitat for the proposed endangered
salamander mussel (88 FR 57224, August 22, 2023), the federally
endangered sheepnose, and the federally endangered snuffbox mussel.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
habitat degradation and loss due to urbanization and agriculture; lack
of connectivity due to barriers; and the presence of invasive species.
II. Sheepnose
SHNO 1: Lower Chippewa River
SHNO 1 consists of 57 rmi (92 rkm) of the lower Chippewa River in
Buffalo, Dunn, Eau Claire, and Pepin Counties, Wisconsin. This unit
extends from the confluence of the lower Chippewa River with the Eau
Clair River (Eau Claire County, Wisconsin), downstream to its
confluence with the Mississippi River (Buffalo/Pepin Counties,
Wisconsin). The unit includes the river channel up to the ordinary
high-water mark.
Approximately 63.0 percent (36 rmi (58 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local)
[[Page 101114]]
ownership, and 37.0 percent (21 rmi (34 rkm)) are in private ownership.
Adjacent Federal lands are owned or managed by the Service as part of
the Upper Mississippi River National Wildlife Refuge, and adjacent
State lands are owned or managed by the Wisconsin Department of Natural
Resources. SHNO 1 is occupied by the species and contains all the
physical and biological features essential to the species'
conservation. This unit overlaps in part or in full with proposed
critical habitat for the proposed endangered salamander mussel (88 FR
57224; August 22, 2023).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants and
lack of connectivity due to barriers.
SHNO 2: Kankakee River
SHNO 2 consists of 51 rmi (82 rkm) of the Kankakee River in Grundy,
Kankakee, and Will Counties, Illinois. This unit extends from the
confluence of the Kankakee River with West Creek (Kankakee County,
Illinois) downstream to its confluence with the Illinois River (Grundy
County, Illinois). The unit includes the river channel up to the
ordinary high-water mark.
Approximately 54.9 percent (28 rmi (45 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local) ownership, and 45.1 percent (23 rmi (37 rkm)) are in
private ownership. Adjacent Federal lands are owned or managed by the
U.S. Forest Service, and adjacent State lands are owned or managed by
the Illinois Department of Natural Resources. SHNO 2 is occupied by the
species and contains all the physical and biological features essential
to the species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants and
sedimentation, and in-stream gravel mining.
SHNO 3: Meramec and Bourbeuse Rivers
SHNO 3 consists of 153 rmi (246 rkm) of the Meramec and Bourbeuse
Rivers in Franklin, Jefferson, and Saint Louis Counties, Missouri. This
unit consists of 90 rmi (145 rkm) of the Meramec River from its
confluence with Rye Creek (Franklin County, Missouri) downstream to its
confluence with Mississippi River (Jefferson County, Missouri). SHNO 3
also includes 63 rmi (101 rkm) of the Bourbeuse River from its
confluence with Little Creek downstream to its confluence with Meramec
River, in Franklin County, Missouri. The unit includes the river
channel up to the ordinary high-water mark.
Approximately 23.7 percent (36 rmi (58 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State and
local) ownership, and 76.3 percent (117 rmi (188 rkm)) are in private
ownership. Adjacent State lands are owned or managed by the Missouri
Department of Conservation and Missouri Department of Natural
Resources. SHNO 3 is occupied by the species and contains all the
physical and biological features essential to the species'
conservation. This unit overlaps in part or in full with proposed
critical habitat for the federally endangered snuffbox, and the
federally endangered spectaclecase.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
lack of connectivity due to barriers; the presence of invasive species;
loss of riparian zones; and habitat degradation and loss due to
urbanization.
SHNO 4: Middle Allegheny-Tionesta
SHNO 4 consists of 28 rmi (45 rkm)) of the Allegheny River in
Forest and Venango Counties, Pennsylvania. This units extends from the
confluence of the Allegheny River with Tionesta Creek (Forest County,
Pennsylvania) downstream to its confluence with French Creek (Venango
County, Pennsylvania). The unit includes the river channel up to the
ordinary high-water mark.
Approximately 0.14 percent (0.04 rmi (0.06 rkm)) of the riparian
lands adjacent to, but not included in, this unit are in public (State
and local) ownership, and 99.86 percent (28 rmi (45 rkm)) are in
private ownership. Adjacent State lands are owned or managed by the
Pennsylvania Fish and Boat Commission. SHNO 4 is occupied by the
species and contains all the physical and biological features essential
to the species' conservation. The unit overlaps in part or in full with
designated critical habitat for the federally threatened longsolid (see
50 CFR 17.95(f) and 88 FR 14794; March 9, 2023) and the federally
threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR 24692, April 30,
2015), and proposed critical habitat for the federally endangered rayed
bean.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants and
oil and gas extraction; lack of connectivity due to barriers; habitat
degradation and loss due to urbanization and agriculture; and the
presence of invasive species.
SHNO 5: Upper Green
SHNO 5 consists of 157 rmi (253 rkm) of the Green River in Butler,
Edmonson, Green, Hart, Taylor, and Warren Counties, Kentucky. This unit
extends from the confluence of the Green River with the Barren River
(Taylor County, Kentucky) downstream to the Green River Dam (Butler
County, Kentucky). The unit includes the river channel up to the
ordinary high-water mark.
Approximately 22.5 percent (35 rmi (56 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local) ownership, and 77.5 percent (122 rmi (196 rkm)) are
in private ownership. Adjacent Federal lands are owned or managed by
the U.S. Army Corps of Engineers and the National Park Service, and
adjacent State lands are owned or managed by the Kentucky Department of
Agriculture and the Kentucky Division of Water--Wild Rivers Program.
SHNO 5 is occupied by the species and contains all the physical and
biological features essential to the species' conservation. The unit
overlaps in full or in part with designated critical habitat for the
federally endangered diamond darter (Crystallaria cincotta) (see 50 CFR
17.95(e) and 78 FR 52364, August 22, 2013), the federally threatened
longsolid and the federally threatened round hickorynut (see 50 CFR
17.95(f) and 88 FR 14794, March 9, 2023), and the federally threatened
rabbitsfoot (see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015), and
proposed critical habitat for the federally endangered snuffbox, and
the federally endangered spectaclecase.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of habitat and water quality from
impoundments and associated cold water discharges; siltation and
pollution due to improper timbering and agricultural practices;
resource extraction; water withdrawals; and development.
SHNO 6: Tippecanoe River
SHNO 6 consists of 84 rmi (135 rkm) of the Tippecanoe River in
Fulton, Marshall, Pulaski, Starke, and White
[[Page 101115]]
Counties, Indiana. This unit extends from the confluence of the
Tippecanoe River with Outlet Creek (Marshall County, Indiana)
downstream to Lake Freeman (White County, Indiana). The unit includes
the river channel up to the ordinary high-water mark.
Approximately 10.35 percent (9 rmi (14 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local) ownership, and 89.65 percent (75 rmi (121 rkm)) are
in private ownership. Adjacent Federal lands are owned or managed by
the U.S. Department of Agriculture's Natural Resources Conservation
Service (NRCS), and adjacent State lands are owned or managed by the
Indiana Department of Natural Resources. SHNO 6 is occupied by the
species and contains all the physical and biological features essential
to the species' conservation. The unit overlaps in part or in full with
designated critical habitat for the federally threatened rabbitsfoot
(see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015) and the federally
threatened round hickorynut (see 50 CFR 17.95(f) and 88 FR 14794; March
9, 2023), and proposed critical habitat for the proposed endangered
salamander mussel (88 FR 57224, August 22, 2023), the federally
endangered rayed bean, and the federally endangered snuffbox mussel.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
habitat degradation and loss due to urbanization and agriculture; lack
of connectivity due to barriers; and the presence of invasive species.
SHNO 7: Walhonding River
SHNO 7 consists of 24 rmi (38 rkm) of the Walhonding River in
Coshocton County, Ohio. This units extends from the confluence of the
Kokosing River and the Mohican River at Walhonding downstream to the
confluence of the Walhonding River with the Tuscarawas River, in
Coshocton County, Ohio. The unit includes the river channel up to the
ordinary high-water mark.
Approximately 4.9 percent (1 rmi (2 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State and
local) ownership, and 95.1 percent (22 rmi (36 rkm)) are in private
ownership. Adjacent State lands are owned or managed primarily by the
Ohio Department of Natural Resources. SHNO 7 is occupied by the species
and contains all the physical and biological features essential to the
species' conservation. The unit overlaps in part or in full with
designated critical habitat for the federally threatened rabbitsfoot
(see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants,
oil and gas extraction, and agriculture.
SHNO 8: Lower Tennessee River
SHNO 8 consists of 23 rmi (36 rkm) of the Tennessee River in
Livingston, Marshall, and McCracken Counties, Kentucky. This unit
extends from the Kentucky Dam (Marshall/Livingston Counties, Kentucky)
downstream to the confluence of the lower Tennessee River with the Ohio
River (McCracken County, Kentucky). The unit includes the river channel
up to the ordinary high-water mark.
Approximately 1.8 percent (0.4 rmi (0.6 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal)
ownership, and 98.2 percent (22 rmi (35 rkm)) are in private ownership.
Adjacent Federal lands are managed by the NRCS. SHNO 8 is occupied by
the species and contains all the physical and biological features
essential to the species' conservation. The unit overlaps in part or in
full with designated critical habitat for the federally threatened
rabbitsfoot (see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to in-stream gravel
mining; degradation and loss of habitat due to dredging; lack of
connectivity due to barriers; and the presence of invasive species.
SHNO 9: Upper Clinch River
SHNO 9 consists of 106 rmi (171 rkm) of the Clinch River in
Russell, Scott, and Wise Counties, Virginia, and Hancock County,
Tennessee. This unit extends from the confluence of the upper Clinch
River with Thompson Creek (Russell County, Virginia) downstream to its
confluence with Big Creek (Hancock County, Tennessee). The unit
includes the river channel up to the ordinary high-water mark.
Approximately 6.1 percent (6 rmi (9 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal and
State) ownership, and 93.9 percent (100 rmi (161 rkm)) are in private
ownership. Adjacent Federal lands are owned or managed by the U.S.
Forest Service, and adjacent State lands are owned or managed by the
Tennessee Wildlife Resources Agency or the Virginia Department of
Conservation and Recreation. SHNO 9 is occupied by the species and
contains all the physical and biological features essential to the
species' conservation. The unit overlaps in part or in full with
designated critical habitat for the federally endangered Cumberlandian
combshell (Epioblasma brevidens), the federally endangered oyster
mussel (Epioblasma capsaeformis), the federally endangered purple bean
(Villosa perpurpurea), and the federally endangered rough rabbitsfoot
(Quadrula cylindrica strigillata) (see 50 CFR 17.95(f) and 69 FR 53136,
August 31, 2004); the federally threatened longsolid (see 50 CFR
17.95(f) and 88 FR 14794, March 9, 2023); the federally threatened
slender chub (Erimystax cahni) and the federally threatened yellowfin
madtom (Noturus flavipinnis) (see 50 CFR 17.95(e) and 42 FR 45526,
September 9, 1977); and proposed critical habitat for the proposed
endangered salamander mussel (88 FR 57224, August 22, 2023); the
federally endangered rayed bean; the federally threatened sickle darter
(Percina williamsi) (88 FR 4128; January 24, 2023); the federally
endangered snuffbox; and the federally endangered spectaclecase.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of habitat and water quality from
downstream impoundment, mining discharges, siltation, contaminants, oil
and gas extraction, and water withdrawals; urbanization; and the
presence of invasive species.
SHNO 10: Powell River
SHNO 10 consists of 63 rmi (101 rkm) of the Powell River in Lee
County, Virginia, and Claiborne and Hancock County, Tennessee. This
unit extends from the confluence of the Powell River with Little Yellow
Branch (Lee County, Virginia) downstream to Highway 25E (Dixie Highway
E) (Claiborne County, Tennessee). The unit includes the river channel
up to the ordinary high-water mark.
Approximately 0.5 percent (0.3 rmi (0.5 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State)
ownership, and 99.5 percent (62 rmi (100 rkm)) are in private
ownership. Adjacent State lands are owned or managed by the Tennessee
Department of Environment and Conservation or the Virginia Department
of Conservation and Recreation. SHNO
[[Page 101116]]
10 is occupied by the species and contains all the physical and
biological features essential to the species' conservation. This unit
overlaps in part or in full with designated critical habitat for the
federally endangered Cumberlandian combshell, federally endangered
oyster mussel, federally endangered purple bean, and federally
endangered rough rabbitsfoot (see 50 CFR 17.95(f) and 69 FR 53136,
August 31, 2004); and the federally threatened slender chub and
federally threatened yellowfin madtom (see 50 CFR 17.95(e) and 42 FR
45526, September 9, 1977); and proposed critical habitat for the
federally endangered snuffbox.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants,
urbanization, oil and gas extraction, agriculture, and coal mining and
mine runoff; lack of connectivity due to barriers; the presence of
invasive species; and changes to the hydrological regime.
SHNO 11: Big Sunflower River
SHNO 11 consists of 56 rmi (90 rkm) of the Big Sunflower River in
Bolivar and Sunflower Counties, Mississippi. This unit begins where
Merigold-Drew Road crosses the Big Sunflower River (Bolivar County,
Mississippi) and extends downstream to the confluence of the Big
Sunflower River with the Quiver River (Sunflower County, Mississippi).
The unit includes the river channel up to the ordinary high-water mark.
Approximately 4.1 percent (2 rmi (4 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal)
ownership, and 95.9 percent (54 rmi (86 rkm)) are in private ownership.
Adjacent Federal lands are owned or managed by the NRCS. SHNO 11 is
occupied by the species and contains all the physical and biological
features essential to the species' conservation. The unit overlaps in
part or in full with designated critical habitat for the federally
threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR 24692, April 30,
2015).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants,
sedimentation, and agriculture; degradation and loss of habitat due to
dredging; and changes to the hydrological regime.
III. Snuffbox
SNBO 1: Wolf River
SNBO 1 consists of 8 rmi (13 rkm) of the Wolf River in Shawano
County, Wisconsin. This unit extends from the Shawano Dam downstream to
the County Road CCC Bridge near the town of Waukechon, in Shawano
County, Wisconsin. The unit includes the river channel up to the
ordinary high-water mark.
Approximately 17.0 percent (1 rmi (2 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local) ownership, and 83.0 percent (7 rmi (11 rkm)) are in
private ownership. Adjacent Federal land is owned or managed by the
Bureau of Land Management. Adjacent State lands are owned or managed by
the Wisconsin Department of Natural Resources. SNBO 1 is occupied by
the species and contains all the physical and biological features
essential to the species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
habitat degradation and loss due to urbanization; lack of connectivity
due to barriers; impacts to the hydrological regime; and the presence
of invasive species.
SNBO 2: Embarrass River
SNBO 2 consists of 18 rmi (29 rkm) of the Embarrass River, South
Branch Embarrass River, and North Branch Embarrass River in Shawano
County, Wisconsin. This unit includes approximately 5 rmi (7 rkm) of
the Embarrass River and extends from the Caroline Dam in Grant
downstream to its confluence with North Branch Embarrass River, in
Shawano County, Wisconsin. The South Branch Embarrass River portion of
this unit includes approximately 12 rmi (19 rkm) of the South Branch
Embarrass River and extends from Spaulding Street (County Road M) in
Tigerton downstream to its confluence with Embarrass River in Grant, in
Shawano County, Wisconsin. The North Branch Embarrass River portion of
this unit includes approximately 2 rmi (3 rkm) of North Branch
Embarrass from the dam in Leopolis downstream to its confluence with
Embarrass River, in Shawano County, Wisconsin. The unit includes the
river channel up to the ordinary high-water mark.
All of the riparian lands adjacent to, but not included in, this
unit are in private ownership. SNBO 2 is occupied by the species and
contains all the physical and biological features essential to the
species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
habitat degradation and loss due to urbanization; lack of connectivity
due to barriers; impacts to the hydrological regime; and the presence
of invasive species.
SNBO 3: Little Wolf River
SNBO 3 consists of 12 rmi (19 rkm) of the Little Wolf River in
Waupaca County, Wisconsin. This unit extends from the Manawa Mill Pond
Dam in Manawa downstream to the Highway X Bridge in Mukwa, in Waupaca
County, Wisconsin. The unit includes the river channel up to the
ordinary high-water mark.
All of the riparian lands adjacent to, but not included in, this
unit are in private ownership. SNBO 3 is occupied by the species and
contains all the physical and biological features essential to the
species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
habitat degradation and loss due to urbanization; lack of connectivity
due to barriers; impacts to the hydrological regime; and the presence
of invasive species.
SNBO 4: Grand River (Michigan)
SNBO 4 consists of 41 rmi (65 rkm) of the Grand River and the Flat
River in Ionia and Kent Counties, Michigan. The Grand River portion of
this unit includes 40 rmi (64 rkm) of the Grand River and extends from
the Webber Dam upstream of Lyons (Ionia County, Michigan) downstream to
its confluence with Thornapple River in Ada (Kent County, Michigan).
The Flat River portion of this unit includes 0.5 rmi (0.8 rkm) of the
Flat River from West State Highway 21 in Lowell downstream to its
confluence with Grand River in Lowell, in Kent County, Michigan. The
unit includes the river channel up to the ordinary high-water mark.
Approximately 33.5 percent (14 rmi (22 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State and
local) ownership, and 66.5 percent (27 rmi (43 rkm)) are in private
ownership. Adjacent State lands are owned or managed by the Michigan
Department of Natural Resources. SNBO 4 is occupied by the species and
contains all the physical and biological
[[Page 101117]]
features essential to the species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
habitat degradation and loss due to urbanization; lack of connectivity
due to barriers; and the presence of invasive species.
SNBO 5: Clinton River
SNBO 5 consists of 8 rmi (13 rkm) of the Clinton River in Oakland
County, Michigan. This unit extends from downstream of the fish
hatchery at Waterford Township downstream to Cass Lake east of Four
Towns, in Oakland County, Michigan. The unit includes the river channel
up to the ordinary high-water mark.
Approximately 11.0 percent (0.9 rmi (1 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (local)
ownership, and 89.0 percent (7 rmi (12 rkm)) are in private ownership.
SNBO 5 is occupied by the species and contains all the physical and
biological features essential to the species' conservation. The unit
overlaps in part or in full with proposed critical habitat for the
proposed endangered salamander mussel (88 FR 57224; August 22, 2023)
and the federally endangered rayed bean.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
habitat degradation and loss due to the amount of impervious surface,
urbanization, and the lack of canopy cover and vegetative cover in the
riparian buffer; lack of connectivity due to barriers; and the presence
of invasive species.
SNBO 6: Huron River
SNBO 6 consists of 16 rmi (26 rkm) of the Huron River in Livingston
County, Michigan. This unit extends from Strawberry Lake downstream to
the Kent Lake Dam, in Livingston County, Michigan. The unit includes
the river channel up to the ordinary high-water mark.
Approximately 55.5 percent (9 rmi (14 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State and
local) ownership, and 44.5 percent (7 rmi (11 rkm)) are in private
ownership. Adjacent State lands are owned or managed by the Michigan
Department of Natural Resources. SNBO 6 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
lack of connectivity due to barriers; and the presence of invasive
species.
SNBO 7: Grand River (Ohio)
SNBO 7 consists of 23 rmi (37 rkm) of the Grand River in Ashtabula
and Lake Counties, Ohio. This unit extends from the Harpersfield Dam in
Harpersfield (Ashtabula County, Ohio) downstream to the Norfolk and
Western Railroad Trestle (Lake County, Ohio). The unit includes the
river channel up to the ordinary high-water mark.
Approximately 33.1 percent (8 rmi (12 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (local)
ownership, and 66.9 percent (16 rmi (25 rkm)) are in private ownership.
SNBO 7 is occupied by the species and contains all the physical or
biological features essential to the species' conservation. This unit
overlaps in part or in full with designated critical habitat for the
federally threatened round hickorynut (see 50 CFR 17.95(f) and 88 FR
14794, March 9, 2023).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of habitat and water quality from
impoundments, domestic and industrial pollution due to human
development, resource extraction, water withdrawals, and wastewater
treatment plants; and the presence of invasive species.
SNBO 8: Allegheny River
SNBO 8 consists of 35 rmi (57 rkm) of the Allegheny River in
Venango County, Pennsylvania. This unit extends from the Allegheny
River's confluence with French Creek near Franklin downstream to
Interstate 80 near Emlenton, in Venango County, Pennsylvania. The unit
includes the river channel up to the ordinary high-water mark.
Approximately 18.6 percent (6 rmi (11 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State and
local) ownership, and 81.4 percent (29 rmi (46 rkm)) are in private
ownership. Adjacent State lands are owned or managed by the
Pennsylvania Bureau of Forestry and the Pennsylvania Fish and Boat
Commission. SNBO 8 is occupied by the species and contains all the
physical or biological features essential to the species' conservation.
The unit overlaps in part or in full with designated critical habitat
for the federally threatened longsolid (see 50 CFR 17.95(f) and 88 FR
14794; March 9, 2023) and the federally threatened rabbitsfoot (see 50
CFR 17.95(f) and 80 FR 24692, April 30, 2015), and proposed critical
habitat for the federally endangered rayed bean and the federally
endangered sheepnose.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants and
row crop agriculture; lack of connectivity due to barriers (e.g., locks
and dams); oil and gas development; channelization; and the presence of
invasive species.
SNBO 9: French Creek
SNBO 9 consists of 130 rmi (209 rkm) of French Creek, West Branch
French Creek, LeBoeuf Creek, Cussewago Creek, Woodcock Creek, Muddy
Creek, and Conneaut Outlet in Erie, Crawford, Lebanon, Mercer, and
Venango Counties, Pennsylvania. The French Creek portion of this unit
includes 75 rmi (121 rkm) from the Union City Reservoir Dam northeast
of Union City (Erie County, Pennsylvania) downstream to its confluence
with Allegheny River near Franklin (Venango County, Pennsylvania). The
West Branch French Creek portion of this unit includes 19 rmi (30 rkm)
from the Aston Road Bridge in Greenfield Township just west of the New
York/Pennsylvania State line downstream to its confluence with French
Creek in Wattsburg, in Erie County, Pennsylvania. The LeBoeuf Creek
portion of this unit includes 3 rmi (5 rkm) from U.S. Highway 19
downstream to its confluence with French Creek in Le Boeuf Township, in
Erie County, Pennsylvania. The Cussewago Creek portion of this unit
includes 1 rmi (2 rkm) from Dunham Road in Fredericksburg (Lebanon
County, Pennsylvania) downstream to its confluence with French Creek in
Meadville (Crawford County, Pennsylvania). The Woodcock Creek portion
of this unit includes 4 rmi (6 rkm) from the Woodcock Dam downstream to
its confluence with French Creek in Saegertown, in Crawford County,
Pennsylvania. The Muddy Creek portion of this unit includes 14 rmi (22
rkm) from Pennsylvania Highway 77 near Little Cooley downstream to its
confluence with French Creek east of Cambridge Springs, in Crawford
County, Pennsylvania. The Conneaut Outlet portion of this unit includes
14 rmi (23
[[Page 101118]]
rkm) from Conneaut Lake downstream to its confluence with French Creek
in Fairfield Township, in Crawford County, Pennsylvania. The unit
includes the river channel up to the ordinary high-water mark.
Approximately 23.2 percent (30 rmi (48 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local) ownership, and 76.8 percent (100 rmi (161 km)) are in
private ownership. Adjacent Federal lands are owned or managed by the
Service. Adjacent State lands are owned or managed by the Pennsylvania
Fish and Boat Commission and the Pennsylvania Game Commission. SNBO 9
is occupied by the species and contains all the physical or biological
features essential to the species' conservation. The unit overlaps in
part or in full with designated critical habitat for the federally
threatened longsolid (see 50 CFR 17.95(f) and 88 FR 14794; March 9,
2023), the federally threatened rabbitsfoot (see 50 CFR 17.95(f) and 80
FR 24692, April 30, 2015), and proposed critical habitat for the
proposed endangered salamander mussel (88 FR 57224, August 22, 2023),
the federally endangered rayed bean, and the federally endangered
sheepnose.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of habitat and water quality from row
crop agriculture and oil and gas development.
SNBO 10: West Fork River
SNBO 10 consists of 22 rmi (35 rkm) of the West Fork River in Lewis
and Harrison Counties, West Virginia. This unit extends from the Broad
Run Road Bridge (County Road 8) in Lewis County, West Virginia,
downstream to the Trolley Car Lane Bridge in Clarksburg (Harrison
County, West Virginia). The unit includes the river channel up to the
ordinary high-water mark.
All of the riparian lands adjacent to, but not included in, this
unit are in private ownership. SNBO 10 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of habitat and water quality from oil
and gas development and contaminants, and lack of connectivity due to
barriers.
SNBO 11: Shenango River
SNBO 11 consists of 28 rmi (45 rkm) of the Shenango River and the
Little Shenango River in Crawford and Mercer Counties, Pennsylvania.
The Shenango River portion of the unit includes 24 rmi (39 rkm) from
Dam Road at the Pymatuning Reservoir Dam outlet in Crawford County,
Pennsylvania, downstream to the point of inundation by Shenango River
Lake near Big Bend (Mercer County, Pennsylvania). The Little Shenango
River portion of this unit includes 4 rmi (6 rkm) from the County Road
4017 Bridge (Werner Road Bridge) downstream to the confluence with
Shenango River in Greenville, in Mercer County, Pennsylvania. The unit
includes the river channel up to the ordinary high-water mark.
Approximately 4.4 percent (1 rmi (2 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State and
local) ownership, and 95.6 percent (27 rmi (43 rkm)) are in private
ownership. Adjacent State lands are owned or managed by the
Pennsylvania Bureau of State Parks. SNBO 11 is occupied by the species
and contains all the physical or biological features essential to the
species' conservation. The unit overlaps in part or in full with
designated critical habit for the federally threatened longsolid and
the federally threatened round hickorynut (see 50 CFR 17.95(f) and 88
FR 14794; March 9, 2023); and the federally threatened rabbitsfoot (see
50 CFR 17.95(f) and 80 FR 24692, April 30, 2015).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of habitat and water quality from oil
and gas development and contaminants, and lack of connectivity due to
barriers.
SNBO 12: Middle Island Creek
SNBO 12 consists of 87 rmi (140 rkm) of Middle Island Creek,
Meathouse Fork, and McElroy Creek in Doddridge, Tyler, and Pleasants
Counties, West Virginia. The Middle Island Creek portion of this unit
includes approximately 76 rmi (122 rkm) from the beginning of Middle
Island Creek (i.e., where Meathouse Fork and Beaver Creek join forming
Middle Island Creek) south of Smithburg in Doddridge County, West
Virginia, downstream to the confluence with the Ohio River at St.
Mary's (Pleasants County, West Virginia). The Meathouse Fork portion of
this unit includes approximately 7 rmi (11 rkm) from the State Highway
18 Bridge southeast of Blandville downstream to where Beaver Creek and
Meathouse Creek join to form Middle Island Creek, in Doddridge County,
West Virginia. The McElroy Creek portion of this unit includes
approximately 5 rmi (8 rkm) from the Whitetail Lane Bridge to its
confluence with Middle Island Creek in Alma, in Tyler County, West
Virginia. The unit includes the river channel up to the ordinary high-
water mark.
Approximately 2.6 percent (2 rmi (3 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local) ownership, and 97.4 percent (85 rmi (137 rkm)) are in
private ownership. Adjacent Federal lands are owned or managed by the
Service. Adjacent State lands are owned or managed by the West Virginia
Division of Natural Resources. SNBO 12 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation. The unit overlaps in part or in full with
designated critical habit for the federally threatened longsolid and
the federally threatened round hickorynut (see 50 CFR 17.95(f) and 88
FR 14794; March 9, 2023); and proposed critical habitat for the
proposed endangered salamander mussel (88 FR 57224, August 22, 2023).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of habitat and water quality from oil
and gas development and contaminants, and the presence of invasive
species.
SNBO 13: Little Kanawha River
SNBO 13 consists of 218 rmi (351 rkm) of the Little Kanawha River,
Leading Creek, Hughes River, North Fork Hughes River, and South Fork
Hughes River in Braxton, Calhoun, Gilmer, Ritchie, Wood, and Wirt
Counties, West Virginia. The Little Kanawha River portion of this unit
includes approximately 127 rmi (204 rkm) from Burnsville Dam (which is
in neighboring Braxton County) downstream to the confluence with the
Ohio River in Parkersburg (Wood County, West Virginia). The Leading
Creek portion of this unit includes approximately 12 rmi (20 rkm) from
the Ellis Run Road Bridge southwest of Troy downstream to the
confluence with the Little Kanawha River northwest of Glenville, in
Gilmer County, West Virginia. The Hughes River portion of this unit
includes approximately 7 rmi (12 rkm) from the convergence of the North
and South Forks Hughes River in Freeport downstream to the confluence
of the Little Kanawha River in
[[Page 101119]]
Greencastle, in Wirt County, West Virginia. The North Fork Hughes River
portion of this unit includes approximately 27 rmi (44 rkm) from the
North Bend Dam near Harrisville (Ritchie County, West Virginia)
downstream to the convergence with the South Fork Hughes River in
Freeport (Wirt County, West Virginia). The South Fork Hughes River
portion of this unit includes approximately 44 rmi (71 rkm) from the
State Route 74 Bridge in Ritchie County, West Virginia, downstream to
the convergence with the North Fork Hughes River in Freeport (Wirt
County, West Virginia). The unit includes the river channel up to the
ordinary high-water mark.
Approximately 7.9 percent (17 rmi (28 rkm) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local) ownership, and 92.1 percent (201 rmi (323 rkm)) are
in private ownership. Adjacent Federal lands are owned or managed by
the Service. Adjacent State lands are owned or managed by the West
Virginia Division of Natural Resources. SNBO 13 is occupied by the
species and contains all the physical or biological features essential
to the species' conservation. The unit overlaps in part or in full with
designated critical habitat for the federally threatened longsolid and
the federally threatened round hickorynut (see 50 CFR 17.95(f) and 88
FR 14794, March 9, 2023); and proposed critical habitat for the
proposed endangered salamander mussel (88 FR 57224; August 22, 2023).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of habitat and water quality from
impoundments, siltation, and pollution due to improper timbering
practices, resource extraction, water withdrawals, development, and
wastewater treatment plants; and the presence of invasive species.
SNBO 14: Kanawha River
SNBO 14 consists of 107 rmi (172 rkm) of the Kanawha River and the
Elk River in Braxton, Clay, and Kanawha Counties, West Virginia. The
Kanawha River portion of this unit includes 5 rmi (8 rkm) from its
confluence with the Elk River in Charleston downstream to the westbound
crossing of Interstate 64 in western Charleston, in Kanawha County,
West Virginia. The Elk River portion of this unit includes 102 rmi (164
rkm) from Sutton Dam in Braxton and Webster Counties, West Virginia,
downstream to its confluence with the Kanawha River in Charleston
(Kanawha County, West Virginia). The unit includes the river channel up
to the ordinary high-water mark.
Approximately 0.3 percent (0.3 rmi (0.5 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (local)
ownership, and 99.7 percent (107 mi (172 km)) are in private ownership.
SNBO 14 is occupied by the species and contains all the physical or
biological features essential to the species' conservation. The unit
overlaps in part or in full with designated critical habitat for the
federally endangered diamond darter (see 50 CFR 17.95(e) and 78 FR
52364, August 22, 2013), and for the federally threatened longsolid and
federally threatened round hickorynut (see 50 CFR 17.95(f) and 88 FR
14794, March 9, 2023).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: the degradation of habitat and water quality from
impoundments, siltation, and pollution due to improper timbering
practices, resource extraction, water withdrawals, development, and
wastewater treatment plants; and the presence of invasive species.
SNBO 15: Olentangy River
SNBO 15 consists of 30 rmi (48 rkm) of the Olentangy River in
Marion County, Ohio. This unit extends from the Crawford-Marion Line
Road Bridge at the Crawford and Marion County line downstream to the
Delaware Dam impoundment (Marion/Delaware County Line, Ohio). The unit
includes the river channel up to the ordinary high-water mark.
Approximately 0.9 percent (0.3 rmi (0.5 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local) ownership, and 99.1 percent (30 rmi (48 rkm)) are in
private ownership. Adjacent Federal lands are owned or managed by the
U.S. Army Corps of Engineers. Adjacent State lands are owned or managed
by the Ohio Department of Natural Resources. SNBO 15 is occupied by the
species and contains all the physical or biological features essential
to the species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants,
and habitat degradation and loss due to urbanization and row crop
agriculture.
SNBO 16: Little Darby Creek
SNBO 16 consists of 21 rmi (35 rkm) of Little Darby Creek in Union
and Madison Counties, Ohio. This unit extends from the Ohio Highway 161
Bridge near Chuckery (Union County, Ohio) downstream to the U.S.
Highway 40 Bridge near West Jefferson (Madison County, Ohio). The unit
includes the river channel up to the ordinary high-water mark.
Approximately 19.6 percent (4 rmi (7 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State and
local) ownership, and 80.4 percent (17 rmi (28 rkm)) are in private
ownership. Adjacent State lands are owned or managed by the Ohio
Department of Natural Resources. SNBO 16 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation. The unit overlaps in part or in full with
designated critical habitat for the federally threatened rabbitsfoot
(see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015) and proposed
critical habitat for the federally endangered rayed bean.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants,
and habitat degradation and loss due to urbanization and row crop
agriculture.
SNBO 17: Big Darby Creek
SNBO 17 consists of 38 rmi (60 rkm) of Big Darby Creek in Union,
Madison, and Franklin Counties, Ohio. This unit extends from the U.S.
Highway 36 Bridge in Milford Center (Union County, Ohio) downstream to
the State Highway 665 Bridge west of Darbydale (Franklin County, Ohio).
The unit includes the river channel up to the ordinary high-water mark.
Approximately 36.8 percent (14 rmi (22 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State and
local) ownership, and 63.2 percent (24 rmi (38 rkm)) are in private
ownership. Adjacent State lands are owned or managed by the Ohio
Department of Natural Resources. SNBO 17 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation. This unit overlaps in part or in full with
proposed critical habitat for the federally endangered rayed bean.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants,
and habitat degradation and loss due to urbanization and row crop
agriculture.
[[Page 101120]]
SNBO 18: Stillwater River
SNBO 18 consists of 12 rmi (19 rkm) of the Stillwater River in
Miami and Montgomery Counties, Ohio. This unit extends from the Fenner
Road Bridge (County Road 37) in Miami County, Ohio, downstream to the
Old Springfield Road Bridge in Union City (Montgomery County, Ohio).
The unit includes the river channel up to the ordinary high-water mark.
Approximately 5.5 percent (0.6 rmi (1 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (local)
ownership, and 94.5 percent (11 rmi (18 rkm)) are in private ownership.
SNBO 18 is occupied by the species and contains all the physical or
biological features essential to the species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
habitat degradation and loss due to urbanization; lack of connectivity
due to barriers; and the presence of invasive species.
SNBO 19: Tygarts Creek
SNBO 19 consists of 89 rmi (143 rkm) of Tygarts Creek in Carter and
Greenup Counties, Kentucky. This unit extends from the confluence of
Flat Fork just north of U.S Highway 60 in Carter County, Kentucky,
downstream to the confluence with the Ohio River in South Shore
(Greenup County, Kentucky). The unit includes the river channel up to
the ordinary high-water mark.
Approximately 1.4 percent (1 rmi (2 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State)
ownership, and 98.6 percent (88 rmi (141 rkm)) are in private
ownership. Adjacent State lands are owned or managed by the Kentucky
Department of Parks. SNBO 19 is occupied by the species and contains
all the physical or biological features essential to the species'
conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
lack of connectivity due to barriers; and the presence of invasive
species.
SNBO 20: Kinniconick Creek
SNBO 20 consists of 52 rmi (84 rkm) of Kinniconick Creek in Lewis
County, Kentucky. This unit extends from the headwaters of Kinniconick
Creek southwest of Petersville downstream to its confluence with the
Ohio River at Rexton, in Lewis County, Kentucky. The unit includes the
river channel up to the ordinary high-water mark.
All the riparian lands adjacent to, but not included in, this unit
are in private ownership. SNBO 20 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation. The unit overlaps in part or in full with
proposed critical habitat for the proposed endangered salamander mussel
(88 FR 57224; August 22, 2023). The unit overlaps in part or in full
with proposed critical habitat for the proposed endangered salamander
mussel (88 FR 57224; August 22, 2023).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
lack of connectivity due to barriers; the presence of invasive species;
impacts to the hydrological regime; and habitat degradation and loss
due to urbanization, agriculture, and the lack of canopy cover and
vegetative cover in the riparian buffer.
SNBO 21: Licking River
SNBO 21 consists of 239 rmi (385 rkm) of the Licking River and
Slate Creek in Bath, Bracken, Campbell, Fleming, Harrison, Kenton,
Menifee, Montgomery, Nicholas, Pendleton, Robertson, and Rowan
Counties, Kentucky. The Licking River portion of this unit includes 179
rmi (288 rkm) from the Cave Run Dam in Bath/Rowan Counties, Kentucky,
downstream to the confluence with the Ohio River in Covington (Kenton
County, Kentucky). The Slate Creek portion of this unit includes 60 rmi
(97 rkm) from the U.S. Route 460 Bridge in Menifee County, Kentucky,
downstream to the confluence with Licking River in Bath County,
Kentucky. The unit includes the river channel up to the ordinary high-
water mark.
Approximately 8.6 percent (20 rmi (33 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local) ownership, and 91.4 percent (219 rmi (352 rkm)) are
in private ownership. Adjacent Federal lands are owned or managed by
the U.S. Forest Service. Adjacent State lands are owned or managed by
the Kentucky State Nature Preserves Commission, Kentucky Department of
Fish and Wildlife Resources, and the Kentucky Department of Parks. SNBO
21 is occupied by the species and contains all the physical or
biological features essential to the species' conservation. The unit
entirely overlaps in part or in full with designated critical habitat
for the federally threatened longsolid and the federally threatened
round hickorynut (see 50 CFR 17.95(f) and 88 FR 14794, March 9, 2023);
and proposed critical habitat for the proposed endangered salamander
mussel (88 FR 57224; August 22, 2023).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of habitat and water quality from
impoundments and associated cold water discharges, siltation, and
pollution due to improper timbering practices, resource extraction,
water withdrawals, development, and wastewater treatment plants; and
the presence of invasive species.
SNBO 22: Middle Fork Kentucky River
SNBO 22 consists of 13 rmi (21 rkm) of the Middle Fork Kentucky
River in Leslie County, Kentucky. This unit extends from the dam south
of Hyden downstream to County Road 1475, in Leslie County, Kentucky.
The unit includes the river channel up to the ordinary high-water mark.
All of the riparian lands adjacent to, but not included in, this
unit are in private ownership. SNBO 22 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of habitat and water quality from
sedimentation, oil and gas development, and pipeline crossings.
SNBO 23: Red Bird River
SNBO 23 consists of 60 rmi (96 rkm) of the Red Bird River and South
Fork Kentucky River in Clay, Lee, and Owsley Counties, Kentucky. The
Red Bird River portion of this unit extends from the East Hal Rogers
Parkway downstream to its confluence with the South Fork Kentucky River
near Oneida, in Clay County, Kentucky. The South Fork Kentucky River
portion of this unit extends from its confluence with the Red Bird
River (Clay County, Kentucky) downstream to its confluence with the
North Fork Kentucky River in Beattyville (Lee County, Kentucky). The
unit includes the river channel up to the ordinary high-water mark.
Approximately 8.0 percent (5 rmi (8 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal)
ownership, and 92.0 percent (55 rmi (88 rkm)) are in private ownership.
Adjacent Federal lands are owned or managed by the U.S. Forest
[[Page 101121]]
Service. SNBO 23 is occupied by the species and contains all the
physical or biological features essential to the species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
the presence of invasive species; and impacts to the hydrological
regime.
SNBO 24: Red River
SNBO 24 consists of 31 rmi (49 rkm) of the Red River in Wolfe,
Menifee, and Powell Counties, Kentucky. This unit extends from the Red
River's confluence with Stillwater Creek (Wolfe County, Kentucky)
downstream to the Bert T. Combs Mountain Parkway Bridge (Powell County,
Kentucky). The unit includes the river channel up to the ordinary high-
water mark.
Approximately 60.5 percent (19 rmi (30 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal and
State) ownership, and 39.5 percent (12 rmi (19 rkm)) are in private
ownership. Adjacent Federal lands are owned or managed by the U.S.
Forest Service. Adjacent State lands are owned or managed by the
Kentucky Division of Water. SNBO 24 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants and
urbanization; the presence of invasive species; and barriers to
connectivity.
SNBO 25: Green River
SNBO 25 consists of 157 rmi (253 rkm) of the Green River in Butler,
Warren, Edmonson, Green, Hart, and Taylor Counties, Kentucky. This unit
extends from the Green River Lake Dam south of Campbellsville (Taylor
County, Kentucky) downstream to the confluence with the Barren River at
Woodbury (Warren/Butler Counties, Kentucky). The unit includes the
river channel up to the ordinary high-water mark.
Approximately 22.7 percent (36 rmi (58 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local) ownership, and 77.3 percent (121 rmi (195 rkm)) are
in private ownership. Adjacent Federal lands are owned or managed by
the National Park Service. Adjacent State lands are owned or managed by
the Kentucky Department of Agriculture. SNBO 25 is occupied by the
species and contains all the physical or biological features essential
to the species' conservation. This unit overlaps in part or in full
with designated critical habitat for the federally endangered diamond
darter (see 50 CFR 17.95(e) and 78 FR 52364, August 22, 2013); the
federally threatened longsolid and the federally threatened round
hickorynut (see 50 CFR 17.95(f) and 88 FR 14794, March 9, 2023); and
the federally threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR
24692, April 30, 2015); and proposed critical habitat for the federally
endangered sheepnose and the federally endangered spectaclecase.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of habitat and water quality from
impoundments and associated cold water discharges, siltation and
pollution due to improper timbering and agricultural practices,
resource extraction, water withdrawals, and development.
SNBO 26: Salamonie River
SNBO 26 consists of 12 rmi (19 rkm) of the Salamonie River in
Huntington County, Indiana. The unit extends from the lowhead dam by
the intersection of County Road W 700 S and S. Belleville Road in
Jefferson Township downstream to Salamonie Lake east of Mount Etna, in
Huntington County, Indiana. The unit includes the river channel up to
the ordinary high-water mark.
Approximately 76.1 percent (9 rmi (14 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal)
ownership, and 23.9 percent (3 rmi (5 rkm)) are in private ownership.
Adjacent Federal land is owned or managed by the U.S. Army Corps of
Engineers. SNBO 26 is occupied by the species and contains all the
physical or biological features essential to the species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants and
urbanization; the presence of invasive species; and changes to the
hydrological regime.
SNBO 27: Tippecanoe River
SNBO 27 consists of 65 rmi (105 rkm) of the Tippecanoe River in
Carroll, Pulaski, Tippecanoe, and White Counties, Indiana. The unit
extends from the State Highway 14 Bridge near Winamac (Pulaski County,
Indiana) downstream to the Tippecanoe River's confluence with the
Wabash River northeast of Battle Ground (Tippecanoe County, Indiana),
excluding Lakes Shafer and Freeman and the stream reach between the two
lakes. The unit includes the river channel up to the ordinary high-
water mark.
Approximately 5.1 percent (3 rmi (5 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State and
local) ownership, and 94.9 percent (62 rmi (100 rkm)) are in private
ownership. Adjacent State land is owned or managed by the Indiana
Department of Natural Resources. SNBO 27 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation. This unit overlaps in part or in full with
designated critical habitat for the federally threatened rabbitsfoot
(see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015) and the federally
threatened round hickorynut (see 50 CFR 17.95(f) and 88 FR 14794; March
9, 2023), and proposed critical habitat for the proposed endangered
salamander mussel (88 FR 57224, August 22, 2023), the federally
endangered sheepnose, and federally endangered rayed bean.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants and
urbanization; barriers to connectivity; the presence of invasive
species; and changes to the hydrological regime.
SNBO 28: Embarras River
SNBO 28 consists of 71 rmi (114 rkm) of the Embarras River in
Coles, Douglas, and Cumberland Counties, Illinois. The unit extends
from the East County Road 1550 North Bridge on the border of Crittenden
Township and Camargo Township (Douglas County, Illinois) downstream to
the County Road 1200 North Bridge in Cottonwood Township (Cumberland
County, Illinois). The unit includes the river channel up to the
ordinary high-water mark.
Approximately 11.5 percent (8 rmi (13 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State and
local) ownership, and 88.5 percent (63 rmi (101 rkm)) are in private
ownership. Adjacent State land is owned or managed by the Illinois
Department of Natural Resources. SNBO 28 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation.
The features essential to the conservation of this species may
require special management considerations or
[[Page 101122]]
protection to reduce the following threats: degradation of water
quality due to contaminants and urbanization; barriers to connectivity;
the presence of invasive species; and changes to the hydrological
regime.
SNBO 29: Rolling Fork Salt River
SNBO 29 consists of 95 rmi (153 rkm) of the Rolling Fork Salt River
in Marion, LaRue, Hardin, Nelson, and Bullitt Counties, Kentucky. This
unit extends from the confluence with North Rolling Fork near State
Highway 337 (Marion County, Kentucky) downstream to the Interstate 65
Bridge southwest of Lebanon Junction (Bullitt County, Kentucky). The
unit includes the river channel up to the ordinary high-water mark.
All of the riparian lands adjacent to, but not included in, this
unit are in private ownership. SNBO 29 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation. The unit overlaps in part or in full with
proposed critical habitat for the proposed endangered salamander mussel
(88 FR 57224, August 22, 2023).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants and
urbanization; barriers to connectivity; the presence of invasive
species; and changes to the hydrological regime.
SNBO 30: Clinch River
SNBO 30 consists of 170 rmi (273 rkm) of the Clinch River in
Russell, Scott, Tazewell, and Wise Counties, Virginia, and Claiborne,
Grainger, and Hancock Counties, Tennessee. This unit extends from State
Highway 637 west of Pounding Mill in Tazewell County, Virginia, to just
downstream of Grissom Island, in Hancock County, Tennessee. The unit
includes the river channel up to the ordinary high-water mark.
Approximately 5.9 percent (10 rmi (16 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local) ownership, and 94.1 percent (160 rmi (257 rkm)) are
in private ownership. Adjacent Federal land is owned or managed by the
U.S. Forest Service. Adjacent State land is owned or managed by the
Tennessee Wildlife Resources Agency and Virginia Department of
Conservation and Recreation. SNBO 30 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation. This unit overlaps in part or in full with
designated critical habitat for the federally threatened longsolid (see
50 CFR 17.95(f) and 88 FR 14794, March 9, 2023); the federally
endangered purple bean, the federally endangered oyster mussel, the
federally endangered rough rabbitsfoot, and federally endangered
Cumberlandian combshell (see 50 CFR 17.95(f) and 69 FR 53136, August
31, 2004), the federally endangered fluted kidneyshell (Ptychobranchus
subtentus) and the federally endangered slabside pearlymussel
(Pleuronaia dolabelloides) (see 50 CFR 17.95(f) and 78 FR 59556,
September 26, 2013); and the federally threatened slender chub and the
federally threatened yellowfin madtom (see 50 CFR 17.95(e) and 42 FR
45526, September 9, 1977). The unit also overlaps in part or in full
with proposed critical habitat for the federally threatened sickle
darter (88 FR 4128; January 24, 2023); the federally endangered
sheepnose, and the federally endangered spectaclecase.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of habitat and water quality from
downstream impoundment, mining discharges, siltation, contaminants, oil
and gas extraction, water withdrawals, and urbanization; and the
presence of invasive species.
SNBO 31: Powell River
SNBO 31 consists of 66 rmi (106 rkm) of the Powell River in Lee
County, Virginia, and Hancock and Claiborne Counties, Tennessee. This
unit extends from the Flanary Bridge Road Bridge (State Highway 758) in
Lee County, Virginia, downstream to U.S. 25E Bridge in Claiborne
County, Tennessee. The unit includes the river channel up to the
ordinary high-water mark.
Approximately 0.5 percent (0.3 rmi (0.5 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State)
ownership, and 99.5 percent (66 rmi (106 rkm)) are in private
ownership. Adjacent State land is owned or managed by the Tennessee
Department of Environment and Conservation. SNBO 31 is occupied by the
species and contains all the physical or biological features essential
to the species' conservation. This unit overlaps in part or in full
with designated critical habitat for the federally endangered
Cumberlandian combshell, the federally endangered oyster mussel, the
federally endangered purple bean, and the federally endangered rough
rabbitsfoot (see 50 CFR 17.95(f) and 69 FR 53136, August 31, 2004); the
federally endangered fluted kidneyshell and the federally endangered
slabside pearlymussel (see 50 CFR 17.95(f) and 78 FR 59556, September
26, 2013); and the federally threatened yellowfin madtom and the
federally threatened slender chub (see 50 CFR 17.95(e) and 42 FR 45526,
September 9, 1977); and with proposed critical habitat for the
sheepnose mussel.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants,
urbanization, oil and gas extraction, agriculture, and coal mining and
mine runoff; lack of connectivity due to barriers; presence of invasive
species; and changes to the hydrological regime.
SNBO 32: Paint Rock River
SNBO 32 consists of 53 rmi (85 rkm) of the Paint Rock River in
Jackson, Madison, and Marshall Counties, Alabama. The unit extends from
the convergence of Estill Fork and Hurricane Creek north of Skyline
(Jackson County, Alabama) downstream to U.S. Highway 431 south of New
Hope (Madison and Marshall Counties, Alabama). The unit includes the
river channel up to the ordinary high-water mark.
Approximately 93.5 percent (50 rmi (80 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal and
State) ownership, and 6.5 percent (3 rmi (5 rkm)) are in private
ownership. Adjacent Federal land is owned or managed by the Service.
Adjacent State land is owned or managed by the Alabama Department of
Conservation and Natural Resources. SNBO 32 is occupied by the species
and contains all the physical or biological features essential to the
species' conservation. This unit overlaps in part or in full with
designated critical habitat for the federally threatened rabbitsfoot
(see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015), the federally
threatened longsolid and the federally threatened round hickorynut (see
50 CFR 17.95(f) and 88 FR 14794; March 9, 2023); and the federally
endangered slabside pearlymussel (see 50 CFR 17.95(f) and 78 FR 59556,
September 26, 2013).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: channelization; degradation of water quality due to
contaminants, urbanization, and row crop agriculture; barriers to
connectivity; the presence of invasive species; and changes to the
hydrological regime.
[[Page 101123]]
SNBO 33: Elk River
SNBO 33 consists of 27 rmi (43 rkm) of the Elk River in Lincoln and
Giles Counties, Tennessee. This unit extends from Harms Mill Dam
(Lincoln County, Tennessee) downstream to the Interstate 65 Bridge in
Elkton (Giles County, Tennessee). The unit includes the river channel
up to the ordinary high-water mark.
All of the riparian lands adjacent to, but not included in, this
unit are in private ownership. SNBO 33 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation. This unit overlaps in part or in full with
designated critical habitat for the federally endangered fluted
kidneyshell and the federally endangered slabside pearlymussel (see 50
CFR 17.95(f) and 78 FR 59556, September 26, 2013).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants,
urbanization, agriculture, and instream gravel mining; barriers to
connectivity; the presence of invasive species; and changes to the
hydrological regime.
SNBO 34: Duck River
SNBO 34 consists of 47 rmi (76 rkm) of the Duck River in Marshall
and Maury Counties, Tennessee. This unit extends from the Lillard's
Mill Dam (Marshall County, Tennessee) downstream to the First Street
Bridge in Columbia (Maury County, Tennessee). The unit includes the
river channel up to the ordinary high-water mark.
Approximately 57.4 percent (27 rmi (44 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State and
local) ownership, and 42.6 percent (20 rmi (32 rkm)) are in private
ownership. Adjacent State land is owned or managed by the Tennessee
Wildlife Resources Agency. SNBO 34 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation. This unit overlaps in part or in full with
designated critical habitat for the federally endangered Cumberlandian
combshell and federally threatened oyster mussel (see 50 CFR 17.95(f)
and 69 FR 53136, August 31, 2004), the federally threatened rabbitsfoot
(see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015), and the
federally threatened round hickorynut (see 50 CFR 17.95(f) and 88 FR
14794; March 9, 2023).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
barriers to connectivity; the presence of invasive species; and changes
to the hydrological regime.
SNBO 35: St. Croix River
SNBO 35 consists of 53 rmi (85 rkm) of the St. Croix River in Polk,
St. Croix, and Pierce Counties, Wisconsin, and Chisago and Washington
Counties, Minnesota. This unit extends from the base of the dam at St.
Croix Falls (Polk County, Wisconsin) and Taylors Falls (Chisago County,
Minnesota) downstream to the confluences with the Mississippi River at
Prescott (Pierce County, Wisconsin) and Point Douglas (Washington
County, Minnesota). The unit includes the river channel up to the
ordinary high-water mark.
Approximately 58.3 percent (31 rmi; 50 rkm) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local) ownership, and 41.7 percent (22 rmi (35 rkm)) are in
private ownership. Federal land is owned or managed by the National
Park Service. State land is owned or managed by the Minnesota
Department of Natural Resources. SNBO 35 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation. This unit overlaps in part or in full with
proposed critical habitat for the proposed endangered salamander mussel
(88 FR 57224; August 22, 2023) and the federally endangered
spectaclecase.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
lack of connectivity due to barriers; the presence of invasive species;
and habitat degradation and loss due to urbanization, agriculture, and
the lack of canopy cover in the riparian buffer.
SNBO 36: Meramec River
SNBO 36 consists of 227 rmi (365 rkm) of the Meramec River and the
Bourbeuse River in Saint Louis, Jefferson, Phelps, Gasconade, and
Franklin Counties, Missouri. The Meramec River portion of this unit
includes 92 rmi (148 rkm) and extends from the State Route 185 Bridge
in Meramec Township (Franklin County, Missouri) downstream to the State
Highway 141 Bridge in Valley Park (Saint Louis County, Missouri). The
Bourbeuse River portion of this unit includes 135 rmi (217 rkm) and
extends from the County Road B Bridge in Dawson Township (Phelps
County, Missouri) downstream to the confluence with the Meramec River
(Franklin County, Missouri). The unit includes the river channel up to
the ordinary high-water mark. This unit overlaps in part or in full
with proposed critical habitat for the federally endangered sheepnose,
and the federally endangered spectaclecase.
Approximately 12.0 percent (27 rmi (44 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State and
local) ownership, and 88.0 percent (200 rmi (321 rkm)) are in private
ownership. Adjacent State land is owned or managed by the Missouri
Department of Natural Resources. SNBO 36 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
lack of connectivity due to barriers; the presence of invasive species;
loss of riparian zones; and habitat degradation and loss due to
urbanization.
SNBO 37: St. Francis River
SNBO 37 consists of 58 rmi (93 rkm) of the St. Francis River in
Madison and Wayne Counties, Missouri. This unit extends from the
confluence with Twelvemile Creek west of Saco (Madison County,
Missouri) downstream to where inundation begins at Lake Wappepello
(Wayne County, Missouri). The unit includes the river channel up to the
ordinary high-water mark.
Approximately 8.4 percent (5 rmi (8 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal and
State) ownership, and 91.6 percent (53 rmi (85 rkm)) are in private
ownership. Adjacent Federal land is owned or managed by the U.S. Forest
Service. Adjacent State land is owned or managed by the Missouri
Department of Conservation and Missouri Department of Natural
Resources. SNBO 37 is occupied by the species and contains all the
physical or biological features essential to the species' conservation.
This unit overlaps in part or in full with designated critical habitat
for the federally threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR
24692, April 30, 2015); the federally threatened Big Creek crayfish and
the federally threatened St. Francis River crayfish (88 FR 25512, April
27, 2023), and the
[[Page 101124]]
federally threatened western fanshell (88 FR 41724; June 27, 2023).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
lack of connectivity due to barriers; the presence of invasive species;
and habitat degradation and loss due to urbanization.
SNBO 38: Spring River
SNBO 38 consists of 33 rmi (53 rkm) of the Spring River in Sharp,
Lawrence, and Randolph Counties, Arkansas. This unit extends from the
confluence with Ott Creek southeast of Hardy (Sharp County, Arkansas)
downstream to the confluence with the Black River east of Black Rock
(Lawrence and Randolph Counties, Arkansas). The unit includes the river
channel up to the ordinary high-water mark.
Approximately 3.7 percent (1 rmi (2 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State)
ownership, and 96.3 percent (32 rmi (51 rkm)) are in private ownership.
Adjacent State land is owned or managed by the Arkansas Game and Fish
Commission. SNBO 38 is occupied by the species and contains all the
physical or biological features essential to the species' conservation.
This unit overlaps in part or in full with designated critical habitat
for the federally threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR
24692, April 30, 2015), and the federally threatened western fanshell
(88 FR 41724; June 27, 2023).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: degradation of water quality due to contaminants;
lack of connectivity due to barriers; the presence of invasive species;
and habitat degradation and loss due to urbanization.
IV. Spectaclecase
SPCA 1: St. Croix River
SPCA 1 is on the border between the States of Minnesota and
Wisconsin and consists of 53 rmi (86 rkm) of the St. Croix River in
Chisago and Washington Counties, Minnesota, and Polk, St. Croix, and
Pierce Counties, Wisconsin. This unit extends from the downstream side
of St. Croix Falls dam at St. Croix Falls (Polk County, Wisconsin)
downstream to the confluence with the Mississippi River at Prescott
(Pierce County, Wisconsin). The unit includes the river channel up to
the ordinary high-water mark.
Approximately 60.8 percent (32 rmi (52 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local) ownership, and 39.2 percent (21 rmi (34 rkm)) are in
private ownership. Adjacent Federal lands in this unit are owned or
managed by the National Park Service. Adjacent State land is owned or
managed by the Minnesota Department of Natural Resources and the
Wisconsin Department of Natural Resources. SPCA 1 is occupied by the
species and contains all the physical or biological features essential
to the species' conservation. The unit overlaps in part or in full with
proposed critical habitat for the proposed endangered salamander mussel
(88 FR 57224; August 22, 2023), and the federally endangered snuffbox.
The features essential to the conservation of this may require
special management considerations or protections to reduce the
following threats: the presence of invasive species, impacts to the
hydrological regime, and habitat degradation and loss due to
agriculture or changes in the riparian buffer.
SPCA 2: Mississippi River
SPCA 2 is on the border between the States of Iowa and Illinois and
consists of 132 rmi (213 rkm) of the Mississippi River in Scott,
Muscatine, Louisa, Des Moines, and Lee Counties, Iowa, and Rock Island,
Mercer, Henderson, and Hancock Counties, Illinois. The unit extends
from the downstream side of Lock and Dam 15 at Hampton (Rock Island
County, Illinois) downstream to Lock and Dam 19 at Keokuk (Lee County,
Iowa). The unit occurs within Mississippi River Pools 15, 16, 17, 18,
and 19, and the unit includes the river channel up to the ordinary
high-water mark.
Approximately 39.4 percent (52 rmi (84 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local) ownership, and 60.6 percent (80 rmi (129 rkm)) are in
private ownership. Adjacent Federal lands are owned or managed by the
Service, U.S. Army Corps of Engineers, and Bureau of Land Management.
Adjacent State land is owned or managed by the Illinois Department of
Natural Resources and the Iowa Department of Natural Resources. SPCA 2
is occupied by the species and contains all the physical or biological
features essential to the species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: changes to hydrology from sedimentation, erosion,
and turbidity, and from channel maintenance dredging; degradation of
water quality due to anthropogenic threats (e.g., pollution,
contamination, and disturbance); water impoundment, habitat
fragmentation, and possible genetic isolation due to lock and dam
systems; and the presence of invasive species, especially zebra mussel
(Dreissena polymorpha).
SPCA 3: Meramec River
SPCA 3 consists of 156 rmi (251 rkm) of the Meramec River in
Jefferson, Saint Louis, Franklin, Crawford, and Washington Counties,
Missouri. The unit extends from the downstream side of the Highway 19
bridge near Wildwoods (Crawford County, Missouri) downstream to the
confluence of the Meramec River with the Mississippi River near
Kimmswick (Jefferson County, Missouri). The unit includes the river
channel up to the ordinary high-water mark.
Approximately 29.6 percent (46 rmi (74 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (State,
local) ownership, and 70.4 percent (110 rmi (177 rkm)) are in private
ownership. Adjacent State land is owned or managed by Missouri
Department of Natural Resources. SPCA 3 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation. The unit overlaps in part or in full with
proposed critical habitat for the federally endangered sheepnose and
the federally endangered snuffbox.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: changes to hydrology and water quality from
anthropogenic sources including in-stream gravel mining, municipal or
industrial pollutants and runoff, and sedimentation; loss of riparian
vegetation within the watershed, and further development and conversion
of bottomlands; habitat loss from bank degradation or destruction,
erosion, and in-water structures (e.g., bridges and dams); and the
presence of invasive species, especially zebra mussel.
SPCA 4: Big River
SPCA 4 consists of 11 rmi (17 rkm) of the Big River in Jefferson
County, Missouri. The unit extends from the downstream side of the
Highway W bridge near Rockford Beach downstream to the confluence of
the Big River with the Meramec River near Twin River Park, in Jefferson
County, Missouri. The
[[Page 101125]]
unit includes the river channel up to the ordinary high-water mark.
Approximately 8.7 percent (1 rmi (1 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (local)
ownership, and 91.3 percent (10 rmi (16 rkm)) are in private ownership.
SPCA 4 is occupied by the species and contains all the physical or
biological features essential to the species' conservation. The unit
overlaps in part or in full with proposed critical habitat for the
federally endangered sheepnose and the federally endangered snuffbox.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: changes to hydrology and water quality from
anthropogenic sources, including in-stream gravel mining, municipal or
industrial pollutants and runoff, and sedimentation; loss of riparian
vegetation within the watershed, and further development and conversion
of bottomlands; habitat loss from bank degradation or destruction,
erosion, and in-water structures (e.g., bridges and dams); and the
presence of invasive species, especially zebra mussel.
SPCA 5: Gasconade River
SPCA 5 consists of 223 rmi (358 rkm) of the Gasconade River in
Gasconade, Osage, Maries, Phelps, Pulaski, and Laclede Counties,
Missouri. The unit extends from the downstream side of the Highway AD
bridge near Clark Ford (Laclede County, Missouri) downstream to the
confluence of the Gasconade River with the Missouri River at Gasconade
(Gasconade County, Missouri). The unit includes the river channel up to
the ordinary high-water mark.
Approximately 6.3 percent (14 rmi (22 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal and
State) ownership, and 93.7 percent (209 rmi (336 rkm)) are in private
ownership. Adjacent Federal land is owned or managed by the U.S. Forest
Service. Adjacent State land is owned or managed by the Missouri
Department of Conservation. SPCA 5 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: changes to hydrology and water quality from
anthropogenic sources, municipal or industrial pollutants and runoff,
and sedimentation; loss of riparian vegetation within the watershed and
further development and conversion of bottomlands; and habitat loss
from bank degradation or destruction, erosion, and in-water structures
(e.g., bridges and dams).
SPCA 6: Big Piney River
SPCA 6 consists of 53 rmi (86 rkm) of the Big Piney River in
Pulaski, Phelps, and Texas Counties, Missouri. SPCA 6 includes two
subunits. Subunit SPCA 6a extends from the downstream side of Boiling
Springs Road, at Boiling Springs Access (Texas County, Missouri),
downstream to the upstream end of Fort Leonard Wood Military Training
Facility (Pulaski County, Missouri). Subunit 6b extends from the
downstream end of Fort Leonard Wood Military Training Facility (Pulaski
County, Missouri) to the confluence with the Gasconade River, near
Hooker (Pulaski County, Missouri). The unit includes the river channel
up to the ordinary high-water mark.
Approximately 62.3 percent (33 rmi (54 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal and
State) ownership, and 37.7 percent (20 rmi (32 rkm)) are in private
ownership. Adjacent Federal land is owned or managed by the U.S. Forest
Service. Adjacent State land is owned or managed by the Missouri
Department of Conservation. SPCA 6 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: changes to hydrology and water quality from
anthropogenic sources, municipal or industrial pollutants, and runoff,
and from sedimentation; loss of riparian vegetation within the
watershed and further development and conversion of bottomlands; and
habitat loss from bank degradation or destruction, erosion, and in-
water structures (e.g., bridges and dams).
SPCA 7: Ouachita River
SPCA 7 consists of 83 rmi (133 rkm) of the Ouachita River in Hot
Springs, Clark, Dallas, and Ouachita Counties, Arkansas. This unit
extends from the downstream side of Highway 67 bridge at Donaldson (Hot
Springs County, Arkansas) downstream to the Highway 79N bridge at
Camden (Ouachita County, Arkansas). The unit includes the river channel
up to the ordinary high-water mark.
Approximately 1.2 percent (1 rmi (1 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (local)
ownership, and 98.8 percent (82 rmi (132 rkm)) are in private
ownership. SPCA 7 is occupied by the species and contains all the
physical or biological features essential to the species' conservation.
The unit overlaps in part or in full with designated critical habitat
for the federally threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR
24692, April 30, 2015), and the federally threatened ``Ouachita''
fanshell (Cyprogenia cf. aberti) (see 50 CFR 17.95(f) and 88 FR 41724,
June 27, 2023).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: changes to hydrology and water quality from
anthropogenic sources, municipal or industrial pollutants, and runoff,
and from sedimentation; loss of riparian vegetation within the
watershed and further development and conversion of bottomlands; and
habitat loss from bank degradation or destruction, erosion, and in-
water structures (e.g., bridges and dams).
SPCA 8: Tennessee River
SPCA 8 consists of 142 rmi (228 rkm) of the Tennessee River in
Marshall, Madison, Morgan, Lawrence, Lauderdale, Limestone, and Colbert
Counties, Alabama; Tishomingo County, Mississippi; and Hardin County,
Tennessee. The unit extends from the downstream side of Guntersville
Dam at Guntersville (Marshall County, Alabama) downstream to Pickwick
Landing Dam at Counce (Hardin County, Tennessee). The unit includes the
river channel up to the ordinary high-water mark.
Approximately 95.5 percent (136 rmi (218 rkm)) of the riparian
lands adjacent to, but not included in, this unit are in public
(Federal, State, and local) ownership, and 4.5 percent (6 rmi (10 rkm))
are in private ownership. Adjacent Federal lands are owned or managed
by the Tennessee Valley Authority or National Park Service. Adjacent
State land is owned or managed by the Alabama Department of
Conservation and Natural Resources or the Tennessee Department of
Environment and Conservation. SPCA 8 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: changes to hydrology and water quality from
anthropogenic sources, municipal or industrial pollutants, and runoff,
and from sedimentation; loss of riparian vegetation within the
[[Page 101126]]
watershed and further development and conversion of bottomlands;
habitat loss from bank degradation or destruction, erosion, and in-
water structures (e.g., bridges and dams); and the presence of invasive
species, especially zebra mussel.
SPCA 9: Clinch River
SPCA 9 consists of 160 rmi (257 rkm) of the Clinch River in
Russell, Wise, and Scott Counties, Virginia, and Hancock, Claiborne,
and Grainger Counties, Tennessee. SPCA 9 is located on the downstream
side of the bridge at Kents Ridge Road at Swords Creek (Russell County,
Virginia) and extends downstream to the Highway 25E bridge near
Tazewell (Claiborne County, Tennessee). The unit includes the river
channel up to the ordinary high-water mark.
Approximately 6.0 percent (10 rmi (15 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal,
State, and local) ownership, and 94.0 percent (150 rmi (242 rkm)) are
in private ownership. Adjacent Federal land is owned or managed by the
U.S. Forest Service. Adjacent State land is owned or managed by the
Tennessee Wildlife Resources Agency or Virginia Department of
Conservation and Recreation. SPCA 9 is occupied by the species and
contains all the physical or biological features essential to the
species' conservation. The unit overlaps in part or in full with
designated critical habitat for This unit overlaps in part or in full
with designated critical habitat for the federally threatened longsolid
(see 50 CFR 17.95(f) and 88 FR 14794, March 9, 2023); the federally
endangered Cumberlandian combshell, the federally endangered oyster
mussel, the federally endangered purple bean, and the federally
endangered rough rabbitsfoot (see 50 CFR 17.95(f) and 69 FR 53136,
August 31, 2004); the federally endangered slabside pearlymussel
(Pleuronaia dolabelloides) (see 50 CFR 17.95(f) and 78 FR 59556,
September 26, 2013); the federally endangered slabside pearlymussel
(see 50 CFR 17.95(f) and 78 FR 59556, September 26, 2013); and the
federally threatened slender chub and the federally threatened
yellowfin madtom (see 50 CFR 17.95(e) and 42 FR 45526, September 9,
1977). The unit also overlaps in part or in full with proposed critical
habitat for the federally threatened sickle darter (88 FR 4128; January
24, 2023); the federally endangered sheepnose, and the federally
endangered snuffbox.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: changes to water quality from oil and gas
extraction, power generation, coal mining and mine runoff, and legacy
pollutants; changes in hydrology, such as sedimentation from
agriculture and silviculture, in-stream modifications from
transportation projects, utility corridor development, and unrestricted
cattle access and grazing; loss of riparian vegetation within the
watershed and further development and conversion of bottomlands;
genetic isolation; and impacts from nonnative species.
SPCA 10: Nolichucky River
SPCA 10 consists of 37 rmi (60 rkm) of the Nolichucky River in
Greene, Cocke, Hamblen, and Jefferson Counties, Tennessee. The unit
extends from the downstream side of the bridge at Highway 321 near St.
James (Greene County, Tennessee) downstream to the confluence with the
French Broad River near Leadvale (Cocke County, Tennessee). The unit
includes the river channel up to the ordinary high-water mark.
Approximately 6.7 percent (2 rmi (4 rkm)) of the riparian lands
adjacent to, but not included in, this unit are in public (Federal and
State) ownership, and 93.3 percent (35 rmi (56 rkm)) are in private
ownership. Adjacent Federal land is owned or managed by the Tennessee
Valley Authority. Adjacent State land is owned or managed by the
Tennessee Wildlife Resources Agency. SPCA 10 is occupied by the species
and contains all the physical or biological features essential to the
species' conservation. The unit overlaps in part or in full with
designated critical habitat for the federally endangered Cumberlandian
combshell and the federally endangered oyster mussel (see 50 CFR
17.95(f) and 69 FR 53136, August 31, 2004), and the federally
endangered slabside pearlymussel (see 50 CFR 17.95(f) and 78 FR 59556,
September 26, 2013).
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: changes to water quality from oil and gas
extraction, power generation, coal mining and mine runoff, and legacy
pollutants; changes in hydrology, such as sedimentation from
agriculture and silviculture, in-stream modifications from
transportation projects, utility corridor development, and unrestricted
cattle access and grazing; loss of riparian vegetation within the
watershed and further development and conversion of bottomlands;
genetic isolation; and impacts from nonnative species.
SPCA 11: Green River
SPCA 11 consists of 77 rmi (125 rkm) of the Green River in Hart,
Edmonson, Warren, and Butler Counties, Kentucky. The unit extends from
the downstream side of the bridge at Highway 31W at Munfordville (Hart
County, Kentucky) downstream to the confluence with the Barren River
near Woodbury (Warren County, Kentucky). The unit includes the river
channel up to the ordinary high-water mark.
Approximately 40.2 percent (31 rmi (50 rkm)) of the riparian lands
adjacent to, but not included in, SPCA 11 are in public (Federal and
State) ownership, and 59.8 percent (46 rmi (75 rkm)) are in private
ownership. Adjacent Federal land is owned or managed by the National
Park Service. Adjacent State land is owned or managed by the Kentucky
Division of Water--Wild River Program. SPCA 11 is occupied by the
species and contains all the physical or biological features essential
to the species' conservation. This unit overlaps in part or in full
with designated critical habitat for the federally endangered diamond
darter (see 50 CFR 17.95(e) and 78 FR 52364, August 22, 2013); the
federally threatened longsolid and the federally threatened round
hickorynut (see 50 CFR 17.95(f) and 88 FR 14794, March 9, 2023); and
the federally threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR
24692, April 30, 2015); and proposed critical habitat for the federally
endangered sheepnose and the federally endangered snuffbox.
The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: changes in hydrology, such as sedimentation and
runoff from agriculture and silviculture, dam impoundments and
modifications in flow, and in-stream modifications from transportation
projects and utility corridor development; loss of riparian vegetation
within the watershed; and further development and conversion of
bottomlands.
SPCA 12: Kanawha River
SPCA 12 consists of 16 rmi (25 rkm) of the Kanawha River within
Kanawha County, West Virginia. This unit extends from the downstream
side of the Lock and Dam located at London downstream to the Lock and
Dam at Marmet, in Kanawha County, West Virginia. The unit includes the
river channel up to the ordinary high-water mark.
[[Page 101127]]
Approximately 2.5 percent (0.4 rmi (0.6 rkm)) of the riparian lands
adjacent to, but not included in, SPCA 12 are in public (Federal and
local) ownership, and 97.5 percent (15 rmi (24 rkm)) are in private
ownership. Adjacent Federal land is owned or managed by the U.S. Army
Corps of Engine
[…truncated; see source link]Indexed from Federal Register on December 13, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.