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Proposed RuleSignificant03-69032003-03-26

Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Three Threatened Mussels and Eight Endangered Mussels in the Mobile River Basin

Interior Department, Fish and Wildlife Service

Abstract

We, the U.S. Fish and Wildlife Service (Service), propose designation of critical habitat for three threatened (fine-lined pocketbook, orange-nacre mucket, and Alabama moccasinshell) and eight endangered freshwater mussels (Coosa moccasinshell, ovate clubshell, southern clubshell, dark pigtoe, southern pigtoe, triangular kidneyshell, southern acornshell, and upland combshell), listed in 1993 under the Endangered Species Act of 1973, as amended (Act). We propose to designate 26 river and stream segments (units) in the Mobile River Basin as critical habitat for these 11 mussel species. These units encompass a total of approximately 1,760 kilometers (km) (1,093 miles (mi)) of river and stream channels. Proposed critical habitat includes portions of the Tombigbee River drainage in Mississippi and Alabama; portions of the Black Warrior River drainage in Alabama; portions of the Alabama River drainage in Alabama; portions of the Cahaba River drainage in Alabama; portions of the Tallapoosa River drainage in Alabama and Georgia; and portions of the Coosa River drainage in Alabama, Georgia, and Tennessee. Critical habitat identifies specific areas that are essential to the conservation of a listed species, and that may require special management considerations or protection. If this proposal is made final, section 7(a)(2) of the Act requires that Federal agencies ensure that actions they fund, authorize, or carry out are not likely to jeopardize the continued existence of an endangered or threatened species or result in the destruction or adverse modification of critical habitat. State or private actions, with no Federal involvement, are not affected. Section 4 of the Act requires us to consider the economic and other relevant impacts of specifying any area as critical habitat. We hereby solicit data and comments from the public on all aspects of this proposal, including data on the economic and other impacts of the designation. We will conduct an analysis of the economic impacts of designating these areas as critical habitat prior to a final determination. That economic analysis will be conducted in a manner that is consistent with the ruling of the 10th Circuit Court of Appeals in N.M. Cattle Growers Ass'n v. USFWS. When the draft economic analysis is completed, we will announce its availability with a notice in the Federal Register. With publication of the notice of availability, a comment period will be opened for a minimum of 30 days to allow for public comments on the draft economic analysis and proposed rule concurrently.

Action & Dates

Action
Proposed rule.
Dates
We will consider comments received by June 24, 2003. We must receive requests for public hearings, in writing, at the address shown in the ADDRESSES section by May 12, 2003.

CFR References

Topics

Endangered and threatened speciesExportsImportsReporting and recordkeeping requirementsTransportation

Public Comment

Comments Close
2003-06-24

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of the Interior Fish and Wildlife Service 50 CFR Part 17 RIN 1018-AI73 AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose designation of critical habitat for three threatened (fine-lined pocketbook, orange-nacre mucket, and Alabama moccasinshell) and eight endangered freshwater mussels (Coosa moccasinshell, ovate clubshell, southern clubshell, dark pigtoe, southern pigtoe, triangular kidneyshell, southern acornshell, and upland combshell), listed in 1993 under the Endangered Species Act of 1973, as amended (Act). We propose to designate 26 river and stream segments (units) in the Mobile River Basin as critical habitat for these 11 mussel species. These units encompass a total of approximately 1,760 kilometers (km) (1,093 miles (mi)) of river and stream channels. Proposed critical habitat includes portions of the Tombigbee River drainage in Mississippi and Alabama; portions of the Black Warrior River drainage in Alabama; portions of the Alabama River drainage in Alabama; portions of the Cahaba River drainage in Alabama; portions of the Tallapoosa River drainage in Alabama and Georgia; and portions of the Coosa River drainage in Alabama, Georgia, and Tennessee. Critical habitat identifies specific areas that are essential to the conservation of a listed species, and that may require special management considerations or protection. If this proposal is made final, section 7(a)(2) of the

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Full Document

Citation: 68 FR 14752