74390 Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Proposed Rules 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, 35 FCC Rcd 2788 (2020). https:// 

www.fcc.gov/document/fcc-closesheadquarters-open-window-andchanges-hand-delivery-policy. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at (202) 418–0530 (voice). 

FOR FURTHER INFORMATION CONTACT: 

Wireline Competition Bureau, 

Competition Policy Division, Chris 

Laughlin, at (202) 418–1580, 

Openinternet2023@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document (Public Notice) in WC Docket 

Nos. 17–108, 17–287, 11–42, DA 23– 

996, issued and released on October 19, 

2023. The full text of this document is 

available on the Commission’s website 

at https://docs.fcc.gov/public/ 

attachments/DA-23-996A1.pdf. To 

request materials in accessible formats 

for people with disabilities (e.g., Braille, 

large print, electronic files, audio 

format, etc.), send an email to FCC504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice). 

Ex Parte Rules. This proceeding shall 

be treated as a ‘‘permit-but-disclose’’ 

proceeding in accordance with the 

Commission’s ex parte rules. Persons 

making ex parte presentations must file 

a copy of any written presentation or a 

memorandum summarizing any oral 

presentation within two business days 

after the presentation (unless a different 

deadline applicable to the Sunshine 

period applies). Persons making oral ex 

parte presentations are reminded that 

memoranda summarizing the 

presentation must: (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made; and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenters 

written comments, memoranda, or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with § 1.1206(b) 

of the Commission’s rules. In 

proceedings governed by § 1.49(f) of the 

rules or for which the Commission has 

made available a method of electronic 

filing, written ex parte presentations 

and memoranda summarizing oral ex 

parte presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

Federal Communications Commission. 

Jodie May, 

Division Chief, Competition Policy Division, 

Wireline Competition Bureau. 

[FR Doc. 2023–23932 Filed 10–30–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2023–0171; 

FF09E21000 FXES1111090FEDR 234] 

RIN 1018–BE88 

Endangered and Threatened Wildlife 

and Plants; Endangered Species 

Status for Oblong Rocksnail (Leptoxis 

compacta) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

list the oblong rocksnail (Leptoxis 

compacta), a freshwater snail native to 

the Cahaba River in Alabama, as an 

endangered species under the 

Endangered Species Act of 1973, as 

amended (Act). This determination also 

serves as our 12-month finding on a 

petition to list the oblong rocksnail. 

After a review of the best available 

scientific and commercial information, 

we find that listing the species is 

warranted. If we finalize this rule as 

proposed, it will add this species to the 

List of Endangered and Threatened 

Wildlife and extend the Act’s 

protections to the species. 

DATES: We will accept comments 

received or postmarked on or before 

January 2, 2024. 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 December 15, 2023. 

ADDRESSES: Written comments: You may 

submit comments by one of the 

following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter FWS–R4–ES–2023–0171, 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–R4–ES–2023–0171, 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 https:// 

www.regulations.gov. 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 https://www.fws.gov/office/ 

alabama-ecological-services, at https://

ecos.fws.gov/ecp/species/2809, and at 

https://www.regulations.gov under 

Docket No. FWS–R4–ES–2023–0171. 

FOR FURTHER INFORMATION CONTACT: Bill 

Pearson, Field Supervisor, Alabama 

Ecological Services Field Office, 1208 

Main Street, Daphne, AL 36526; 

telephone 251–441–5870. 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-ofcontact in the United States. In 

compliance with the Providing 

Accountability Through Transparency 

Act of 2023, please see Docket No. 

FWS–R4–ES–2023–0171 on https:// 


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www.regulations.gov for a document 

that summarizes this proposed rule. 

SUPPLEMENTARY INFORMATION: 

Information Requested 

We intend that any final action 

resulting from this proposed rule will be 

based on the best scientific and 

commercial data available and be as 

accurate and as effective as possible. 

Therefore, we request comments or 

information from other governmental 

agencies, Native American Tribes, the 

scientific community, industry, or any 

other interested parties concerning this 

proposed rule. We particularly seek 

comments concerning: 

(1) The species’ biology, range, and 

population trends, including: 

(a) Biological or ecological 

requirements of the species, including 

habitat requirements for feeding, 

breeding, and sheltering; 

(b) Genetics and taxonomy; 

(c) Historical and current range, 

including distribution patterns, and the 

locations of any additional populations 

of this species; and 

(d) Historical and current population 

levels, and current and projected trends. 

(2) Threats and conservation actions 

affecting the species, including: 

(a) Factors that may affect the 

continued existence of the species, 

which may include habitat modification 

or destruction, overutilization, disease, 

predation, the inadequacy of existing 

regulatory mechanisms, or other natural 

or manmade factors. 

(b) Biological, commercial trade, or 

other relevant data concerning any 

threats (or lack thereof) to this species. 

(c) Existing regulations or 

conservation actions that may be 

addressing threats to the species. 

(d) Past and ongoing conservation 

measures for the species, its habitat, or 

both. 

(3) Additional information concerning 

the historical and current status of this 

species. 

(4) Specific information on: 

(a) The amount and distribution of 

oblong rocksnail habitat; 

(b) Any areas occurring within the 

range of the species in the Cahaba River 

watershed that should be included in a 

critical habitat 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. 

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)(1)(A) of the Act (16 U.S.C. 

1533(b)(1)(A)) directs that 

determinations as to whether any 

species is an endangered or a threatened 

species must be made solely on the 

basis of the best scientific and 

commercial data available, and section 

4(b)(2) of the Act (16 U.S.C. 1533(b)(2)) 

directs that the Secretary shall designate 

critical habitat on the basis of the best 

scientific information 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 https:// 

www.regulations.gov, 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 https://www.regulations.gov. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this proposed rule, 

will be available for public inspection 

on https://www.regulations.gov. 

Our final determination may differ 

from this proposal because we will 

consider all comments we receive 

during the comment period as well as 

any new information that may become 

available after this proposal publishes. 

Based on the new information we 

receive (and, if relevant, any comments 

on that new information), we may 

conclude that the species is threatened 

instead of endangered, or we may 

conclude that the species does not 

warrant listing as either an endangered 

species or a threatened species. In our 

final rule, we will clearly explain our 

rationale and the basis for our final 

decision, including why we made 

changes, if any, that differ from this 

proposal. 

Public Hearing 

Section 4(b)(5) (16 U.S.C. 1533(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 June 21, 2016, we were petitioned 

by the Center for Biological Diversity 

and The Cahaba Riverkeeper to list the 

oblong rocksnail. On December 20, 

2017, we published in the Federal 

Register (82 FR 60362) our 

determination that the petition 

presented substantial information 

indicating that listing may be warranted. 

This proposed rule constitutes our 12- 

month finding on that petition. 

Peer Review 

A species status assessment (SSA) 

team prepared an SSA report for the 

oblong rocksnail (Service 2022, entire). 

The SSA team was composed of Service 

biologists, and the report was prepared 

in consultation with species experts. 

The SSA report represents 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 of listing actions under the Act 

(16 U.S.C. 1531 et seq.), we solicited 

independent scientific review of the 

information contained in the oblong 

rocksnail SSA report. We sent the SSA 

report to six independent peer reviewers 

and received two responses. Results of 

this structured peer review process can 

be found at https://www.regulations.gov. 

In preparing this proposed rule, we 

incorporated the results of these 

reviews, as appropriate, into the SSA 

report, which is the foundation for this 

proposed rule. 

Summary of Peer Reviewer Comments 

As discussed in Peer Review above, 

we received comments from two peer 

reviewers on the draft SSA report. We 


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reviewed all comments received from 

the peer reviewers for substantive issues 

and new information regarding the 

contents of the SSA report. The peer 

reviewers generally concurred with our 

methods and conclusions, and provided 

additional information, clarifications, 

and suggestions, including clarifications 

in terminology and other editorial 

suggestions. We revised the SSA report 

to include information provided by 

reviewers about recent oil spill 

occurrences within the oblong 

rocksnail’s range. Otherwise, no 

substantive changes to our analysis and 

conclusions within the SSA report were 

deemed necessary, and peer reviewer 

comments are addressed in version 1.0 

of the SSA report. 

I. Proposed Listing Determination 

Background 

A thorough review of the taxonomy, 

life history, and ecology of the oblong 

rocksnail (Leptoxis compacta) is 

presented in the SSA report (version 

1.0; Service 2022, pp. 1–4). 

The oblong rocksnail is a non-airbreathing, freshwater pleurocerid snail 

native to the Cahaba River, near 

Birmingham, Alabama. Oblong 

rocksnails are grazers and occur on large 

slabs and bedrock, typically toward the 

middle of the river. These large flat 

rocks provide the substrate on which 

periphyton (algae attached to hard 

surfaces), which the rocksnail uses for 

food, can grow (Miller-Way and Way 

1989, p. 193; Johnson et al. 2013, p. 

248). In general, periphyton availability, 

substrate composition, and water 

velocity are important components in 

determining habitat suitability of 

pleurocerid snails (Stewart and Garcia 

2002, p. 178). Periphyton, which 

contains higher concentrations of 

limiting nutrients like nitrogen than 

other food sources, is more easily 

scraped from hard substrates by 

rocksnails (White 1978, pp. 73–74; 

McMahon et al. 1974, p. 392; Brown 

2001, p. 305). 

Pleurocerid snails are dioecious (i.e., 

have separate sexes) and generally reach 

sexual maturity in the wild after 1 or 2 

years (Aldridge 1982, p. 197; Whelan 

2013, p. 73). Observations of wild 

Leptoxis snails indicate that eggs are 

often laid on vertical surfaces or 

undersides of rocks without siltation or 

much vegetation (Whelan et al. 2015, p. 

88). Warming temperatures in spring 

(April–May) appear to serve as a cue to 

begin and end egg laying; oviposition in 

laboratory conditions ceased when the 

daily maximum water temperature 

reached 29 degrees Celsius (84 degrees 

Fahrenheit) (Whelan et al. 2012, p. 3). 

Pleurocerid snails live between 2 and 6 

years, depending on the species, but the 

specific lifespan is not known for the 

oblong rocksnail (Whelan 2013, p. 73). 

The species was declared extinct in 

2000 (Neves et al. 1997, p. 62; Turgeon 

et al. 1998, p. 65; Bogan 2000, entire), 

as it had not been seen in more than 70 

years despite repeated surveys (Whelan 

et al. 2012, p. 1), but was rediscovered 

in 2011 (Whelan et al. 2012, entire). The 

best available information indicates that 

the oblong rocksnail currently occupies 

approximately 11 percent of its known 

historical range in the Cahaba River. 

The species has been extirpated from 

44.4 river miles (71.5 kilometers (km)) 

and is currently found at only a few 

sites along 5.6 river miles (9 km) of the 

Cahaba River from Old Marvel Slab 

upstream to Booth’s Ford (Wright et al. 

2020, p. 6). Additional survey efforts 

have failed to locate the species at other 

sites within the historical range. The 

sites where the species is currently 

found are all above the Fall Line, which 

divides the Piedmont from the Coastal 

Plain. Due to higher gradients, streams 

above the Fall Line are generally swift 

and have rock substrates, while streams 

below the Fall Line are generally slower, 

have soft substrates, and have lower 

gradients (Cahaba River Basin Clean 

Water Partnership (CRBCWP) 2013, p. 

11). The oblong rocksnail’s currently 

occupied range is restricted to the lower 

range of suitable habitat before the 

habitat changes at the Fall Line. 

Regulatory and Analytical Framework 

Regulatory Framework 

Section 4 of the Act (16 U.S.C. 1533) 

and the implementing regulations in 

title 50 of the Code of Federal 

Regulations set forth the procedures for 

determining whether a species is an 

endangered species or a threatened 

species, issuing protective regulations 

for threatened species, and designating 

critical habitat for endangered and 

threatened species. In 2019, jointly with 

the National Marine Fisheries Service, 

the Service issued a final rule that 

revised the regulations in 50 CFR part 

424 regarding how we add, remove, and 

reclassify endangered and threatened 

species and the criteria for designating 

listed species’ critical habitat (84 FR 

45020; August 27, 2019). On the same 

day, the Service also issued final 

regulations that, for species listed as 

threatened species after September 26, 

2019, eliminated the Service’s general 

protective regulations automatically 

applying to threatened species the 

prohibitions that section 9 of the Act 

applies to endangered species (84 FR 

44753; August 27, 2019). 

The Act defines an ‘‘endangered 

species’’ as a species that is in danger 

of extinction throughout all or a 

significant portion of its range, and a 

‘‘threatened species’’ as a species that is 

likely to become an endangered species 

within the foreseeable future throughout 

all or a significant portion of its range. 

The Act requires that we determine 

whether any species is an endangered 

species or a threatened species because 

of any of the following factors: 

(A) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range; 

(B) Overutilization for commercial, 

recreational, scientific, or educational 

purposes; 

(C) Disease or predation; 

(D) The inadequacy of existing 

regulatory mechanisms; or 

(E) Other natural or manmade factors 

affecting its continued existence. 

These factors represent broad 

categories of natural or human-caused 

actions or conditions that could have an 

effect on a species’ continued existence. 

In evaluating these actions and 

conditions, we look for those that may 

have a negative effect on individuals of 

the species, as well as other actions or 

conditions that may ameliorate any 

negative effects or may have positive 

effects. 

We use the term ‘‘threat’’ to refer in 

general to actions or conditions that are 

known to or are reasonably likely to 

negatively affect individuals of a 

species. The term ‘‘threat’’ includes 

actions or conditions that have a direct 

impact on individuals (direct impacts), 

as well as those that affect individuals 

through alteration of their habitat or 

required resources (stressors). The term 

‘‘threat’’ may encompass—either 

together or separately—the source of the 

action or condition or the action or 

condition itself. 

However, the mere identification of 

any threat(s) does not necessarily mean 

that the species meets the statutory 

definition of an ‘‘endangered species’’ or 

a ‘‘threatened species.’’ In determining 

whether a species meets either 

definition, we must evaluate all 

identified threats by considering the 

species’ expected response and the 

effects of the threats—in light of those 

actions and conditions that will 

ameliorate the threats—on an 

individual, population, and species 

level. We evaluate each threat and its 

expected effects on the species, then 

analyze the cumulative effect of all of 

the threats on the species as a whole. 

We also consider the cumulative effect 

of the threats in light of those actions 

and conditions that will have positive 

effects on the species, such as any 


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existing regulatory mechanisms or 

conservation efforts. The Secretary 

determines whether the species meets 

the definition of an ‘‘endangered 

species’’ or a ‘‘threatened species’’ only 

after conducting this cumulative 

analysis and describing the expected 

effect on the species now and in the 

foreseeable future. 

The Act does not define the term 

‘‘foreseeable future,’’ which appears in 

the statutory definition of ‘‘threatened 

species.’’ Our implementing regulations 

at 50 CFR 424.11(d) set forth a 

framework for evaluating the foreseeable 

future on a case-by-case basis. The term 

‘‘foreseeable future’’ extends only so far 

into the future as we can reasonably 

determine that both the future threats 

and the species’ responses to those 

threats are likely. In other words, the 

foreseeable future is the period of time 

in which we can make reliable 

predictions. ‘‘Reliable’’ does not mean 

‘‘certain’’; it means sufficient to provide 

a reasonable degree of confidence in the 

prediction. Thus, a prediction is reliable 

if it is reasonable to depend on it when 

making decisions. 

It is not always possible or necessary 

to define the foreseeable future as a 

particular number of years. Analysis of 

the foreseeable future uses the best 

scientific and commercial data available 

and should consider the timeframes 

applicable to the relevant threats and to 

the species’ likely responses to those 

threats in view of its life-history 

characteristics. Data that are typically 

relevant to assessing the species’ 

biological response include speciesspecific factors such as lifespan, 

reproductive rates or productivity, 

certain behaviors, and other 

demographic factors. 

Analytical Framework 

The SSA report documents the results 

of our comprehensive biological review 

of the best scientific and commercial 

data regarding the status of the species, 

including an assessment of the potential 

threats to the species. The SSA report 

does not represent our decision on 

whether the species should be proposed 

for listing as an endangered or 

threatened species under the Act. 

However, it does provide the scientific 

basis that informs our regulatory 

decisions, which involve the further 

application of standards within the Act 

and its implementing regulations and 

policies. 

To assess oblong rocksnail viability, 

we used the three conservation biology 

principles of resiliency, redundancy, 

and representation (Shaffer and Stein 

2000, pp. 306–310). Briefly, resiliency is 

the ability of the species to withstand 

environmental and demographic 

stochasticity (for example, wet or dry, 

warm or cold years); redundancy is the 

ability of the species to withstand 

catastrophic events (for example, 

droughts, large pollution events); and 

representation is the ability of the 

species to adapt to both near-term and 

long-term changes in its physical and 

biological environment (for example, 

climate conditions, pathogens). In 

general, species viability will increase 

with increases in resiliency, 

redundancy, and representation (Smith 

et al. 2018, p. 306). Using these 

principles, we identified the species’ 

ecological requirements for survival and 

reproduction at the individual, 

population, and species levels, and 

described the beneficial and risk factors 

influencing the species’ viability. 

The SSA process can be categorized 

into three sequential stages. During the 

first stage, we evaluated the individual 

species’ life-history needs. The next 

stage involved an assessment of the 

historical and current condition of the 

species’ demographics and habitat 

characteristics, including an 

explanation of how the species arrived 

at its current condition. The final stage 

of the SSA involved making predictions 

about the species’ responses to positive 

and negative environmental and 

anthropogenic influences. Throughout 

all of these stages, we used the best 

available information to characterize 

viability as the ability of a species to 

sustain populations in the wild over 

time. We then used this information to 

inform our regulatory decision. 

The following is a summary of the key 

results and conclusions from the SSA 

report; the full SSA report can be found 

at Docket FWS–R4–ES–2023–0171 on 

https://www.regulations.gov. 

Summary of Biological Status and 

Threats 

In this discussion, we review the 

biological condition of the species and 

its resources, and the threats that 

influence the species’ current and future 

condition, in order to assess the species’ 

overall viability and the risks to that 

viability. We analyze these factors both 

individually and cumulatively to 

determine the current condition of the 

species and project the future condition 

of the species under several plausible 

future scenarios. 

Species Needs 

Oblong rocksnails need large, flat 

boulders and bedrock for feeding and 

reproduction. The river channel should 

be relatively free of fine sediment and 

with flows sufficient to maintain cleanswept rock surfaces for attachment, egglaying, and periphyton growth. 

Pleurocerid snails, as a group, are 

sensitive to changes in water quality 

parameters such as sodium chloride 

(salt), potassium, nickel, zinc, and 

pollutants. Streams that have minimal 

levels of these constituents are 

considered suitable, while those 

habitats with levels outside of the 

appropriate ranges are considered less 

suitable. Further, nutrient enrichment 

needs to remain low enough not to 

result in algal blooms, which can create 

a toxic cycle that decreases oxygen and 

food resources for snails. For further 

information about life stages and 

resource needs, see chapter 2 of the SSA 

report (Service 2022, pp. 3–4). 

For the oblong rocksnail to maintain 

viability, it must be able to withstand 

and bounce back from both stochastic 

events (resiliency) and catastrophic 

events (redundancy), as well as adapt to 

changing environmental conditions 

(representation). Snail abundance must 

be sufficient for genetic diversity to be 

maintained and for the overall 

population in the stream reach to 

recover from stochastic events. 

Abundance should be stable or 

increasing for populations to be 

resilient. Surveys to date have not 

estimated numbers of oblong rocksnails; 

however, the species appears to be 

abundant within the presently occupied 

reach within the Cahaba River 

mainstem, except at the northernmost 

site where numbers are low (Wright et 

al. 2020, entire). A resilient population 

of oblong rocksnails must be 

reproducing and recruiting young 

individuals into the population. We 

have no data on reproduction or 

recruitment of the extant population but 

based on the short (approximately 2–6 

years) probable lifespan of rocksnails, 

we assume that presence of snails at 

locations where it has been detected in 

the recent past indicates recruitment is 

occurring within the population. 

For redundancy, the oblong rocksnail 

needs to occupy sufficient stream length 

and in enough tributaries such that 

stochastic and catastrophic events that 

could affect the population in the 

mainstem do not eliminate the entire 

population of the species. Occupying 

branches of a river network (dendritic 

networking) increases habitat diversity 

and allows the species to repopulate 

from those tributaries should a spill, 

flood, drought, or other catastrophic 

event create unsuitable habitat 

conditions in the Cahaba mainstem. 

Because the currently occupied reach is 

relatively short and only within the 

mainstem, increasing the complexity of 

the occupied area will increase 

redundancy by preventing the oblong 


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rocksnail from being eliminated by a 

single catastrophic event. 

Influences on Viability 

Water Quality Impairment 

Water quality impairment for the 

oblong rocksnail occurs when there are 

adverse changes in water quality 

parameters, as well as impacts from 

contaminants and sedimentation, and 

catastrophic spills. Water quality in the 

Cahaba River has been and is currently 

affected by point and nonpoint sources, 

and these sources may be chronic or 

catastrophic in nature. Nonpoint 

sources of water quality impairment for 

the Cahaba River include urban runoff 

from the metropolitan area of 

Birmingham and stormwater runoff 

from roads and agricultural activities. 

Point sources include industrial sources 

and municipal effluents. Point source 

discharges and land surface runoff 

(nonpoint pollution) can cause 

nutrification, decreased dissolved 

oxygen (DO) concentrations, increased 

acidity and conductivity, and other 

changes in water chemistry that are 

known to impact aquatic snails such as 

the oblong rocksnail (Gibson et al. 2016, 

pp. 1, 32–34; Gibson et al. 2018, pp. 

239, 247, 249). Oblong rocksnails are 

sensitive to water quality impairment as 

they breathe via gills, which may allow 

toxicants in the water to be readily 

absorbed (Gibson et al. 2018, p. 251). 

They also need high oxygen in the water 

to breathe, so reduced DO levels will 

affect respiration and overall snail 

condition. Increased acidity and 

conductivity can affect shell production 

and maintenance. It is difficult for the 

oblong rocksnail to move large 

distances; thus, the species is not able 

to survive stochastic or catastrophic 

water quality events by moving to an 

unimpaired location. 

Contaminants 

The upper Cahaba River is home to 

municipal wastewater facilities, 

industrial facilities, and coal mines 

which contribute contaminants, 

including metals, hydrocarbons, 

pesticides, and other potentially 

harmful organic and inorganic 

compounds to the stream. These 

chemical contaminants contribute 

significantly to the current declining 

status of freshwater mollusk (like the 

oblong rocksnail) species nationwide 

(Augspurger et al. 2007, p. 2025), and 

within the Cahaba River (Wright et al. 

2020, p. 2). 

In Alabama, chloride is a common 

chemical used in oil and gas 

production, pesticide application, 

wastewater treatment plant effluent, 

urban runoff, and mining (Gibson et al. 

2018, p. 240). Studies of the toxicity of 

chloride revealed that a sister species of 

the oblong rocksnail, the round 

rocksnail (Leptoxis ampla), exhibited 

sensitivity to chloride at concentrations 

250 times less than current criteria set 

by the U.S. Environmental Protection 

Agency (EPA), and at lower-thanaverage background levels in almost all 

watersheds in Alabama, including the 

Cahaba River watershed (Gibson et al. 

2018, p. 247). Thus, the current EPA 

water quality criterion for chloride may 

not be sufficient for the survival of the 

oblong rocksnail. Further, the round 

rocksnail was the most sensitive 

mollusk species tested, likely indicating 

species in the genus Leptoxis are more 

sensitive overall to contaminants. 

Rocksnails are also sensitive to 

potassium, nickel, zinc, and sodium 

dodecyl sulfate (a common surfactant in 

household detergents), and several of 

these chemicals do not have regulated 

standards (Wang et al. 2013, entire; 

Gibson et al. 2016, p. 30; Wang et al. 

2017, p. 786; Gibson et al. 2018, pp. 

249–250). 

There are six large municipal 

wastewater treatment plants in the 

upper Cahaba River drainage, several 

with documented elevated ammonia 

levels (EPA 2002, p. 35). Mollusks are 

also highly sensitive to ammonia 

(Augspurger et al. 2003, p. 2569), and 

non-pulmonate snails, like the oblong 

rocksnail, have been shown to be 

extremely sensitive to ammonia because 

they readily absorb it from the water via 

their gills (EPA 2013, p. 56; Besser et al. 

2016, p. 33). The State of Alabama has 

not yet adopted EPA’s ammonia criteria 

that are protective of the needs of these 

mollusks (EPA 2013, p. 67; Haslbauer 

2020, pers. comm.). 

Sedimentation 

The upper Cahaba River watershed, 

which drains a large part of 

Birmingham, is rapidly urbanizing; 

between 1992 and 2011, urban cover has 

increased from 9.4 percent to 35.7 

percent due to expansion of the 

metropolitan area (Dosdogru et al. 2020, 

p. 2). Sources of sedimentation include, 

but are not limited to, several aspects of 

urbanization: deforestation, road 

maintenance, impoundments, and 

impervious surfaces (EPA 2021, 

unpaginated). 

Excessive sediments are believed to 

impact riverine snails requiring clean, 

hard shoal stream and river bottoms by 

making the habitat unsuitable for 

feeding or reproduction. In 2002, the 

EPA reported on the Cahaba River: 

‘‘Because of excessive sedimentation, 

habitat evaluation scores in the middle 

reach were affected and fell into the 

suboptimal to marginal range. Quite 

apparent is the filling of crevices or 

spaces between the natural rock 

substrates by sediments thus affecting 

both fish and benthic 

macroinvertebrates’’ (EPA 2002, p. 31). 

The middle reach of the Cahaba River is 

also where snails were most abundant 

when the EPA (2002, pp. 19–20) 

conducted eight different studies in the 

Cahaba River in spring 2002. Impacts 

from decades of excessive 

sedimentation deteriorated oblong 

rocksnail habitat such that it is currently 

confined to only a small portion of the 

Cahaba River. These impacts from 

sedimentation affect oblong rocksnail 

food sources by abrading or suffocating 

periphyton attached to underwater 

surfaces. Sedimentation also affects 

snail respiration, growth, reproductive 

success, and survival (Waters 1995, pp. 

5–7, 74–78, 79–118). 

Catastrophic Spills 

Coalbed methane extraction in the 

watershed results in saline productionwater that historically was discharged 

directly to receiving channels of the 

Cahaba River. Saline waters are toxic to 

snails, including the oblong rocksnail. 

While coalbed methane wells are 

common in the Cahaba River basin, 

there were approximately 400 wells in 

2008 (EPA 2011, pp. 3–22), at present 

no discharges of this type go directly to 

the Cahaba (O’Neil 2021, pers. comm.). 

It is anticipated that future discharges of 

this type would require a permit to 

ensure integrity of the Cahaba. It is still 

possible a spill could occur from these 

sources; however, the probability of 

such an event, and its volume and 

nature, are unknown at this time. 

Pipelines remain one of the safest ways 

to transport fuel in the United States 

with a very low failure rate (Belvederesi 

et al. 2018, p. 1), and the majority of 

spills are small (National Oceanic and 

Atmospheric Administration (NOAA) 

2020, entire). Despite all of this, spills 

do occur along pipelines and can have 

significant environmental consequences 

to waterways, wildlife, and people 

(Belvederesi et al. 2018, p. 1). 

Two major oil and gas transmission 

lines cross the Cahaba River and its 

tributaries at several points ranging from 

2.2 to 11 miles (3.7 to 18 km) above 

known oblong rocksnail locations. The 

area around the Cahaba River is 

considered a high consequence area 

(HCA) (Pipeline and Hazardous Material 

Safety Administration (PHMSA) 2021b, 

p. 5). These HCAs are designated areas 

where a release could have significant 

adverse consequences, in this case to 

highly sensitive ecological areas 


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(Belvederesi et al. 2018, p. 6), and the 

HCA designation confers additional 

oversight by the U.S. Department of 

Transportation’s PHMSA to ensure 

integrity of pipelines in these areas. 

Of the 11 counties crossed by these 

major pipelines in the State of Alabama, 

5 counties have experienced oil spills 

associated with these pipelines or their 

infrastructure since 2005; these spills 

ranged in size from 3 to upwards of 

7,000 barrels (125 to 293,999 gallons). 

The largest spill in Shelby County 

occurred in 2016 within a mile (≤1.6 

km) of the Cahaba River upstream of the 

occupied area. Fortunately for the 

oblong rocksnail and the Cahaba River 

ecosystem, the spill was diverted to a 

retention pond and did not reach the 

portion of the river where the oblong 

rocksnail occurs (Birmingham Watch 

2016, p. 1). 

Climate Change 

We examined climate change on the 

Cahaba River through 2050, as detailed 

by Dosdogru et al. (2020, entire). 

Overall, the study projected more 

potential for flood and drought events 

(extreme weather events). Increasing 

summer temperatures lead to high 

stream evapotranspiration rates and 

thus lower overall flows, which reduce 

dissolved oxygen needed for oblong 

rocksnail respiration and metabolic 

activity. High flows during storm events 

increase soil erosion and muddy stream 

flows (Dosdogru et al. 2020, p. 14), 

increasing sedimentation and associated 

impacts to rocksnails. During droughts, 

nearly all the flow of the Cahaba River 

can disappear, leaving snails exposed. 

During drought events, nearly all the 

flow of the Cahaba River is removed at 

the Birmingham water intake and only 

a portion is returned downstream as 

treated wastewater (Service 2013, p. 2), 

exposing oblong rocksnails to higher 

concentrations of potentially harmful 

chemicals (see ‘‘Contaminants,’’ above). 

Furthermore, developmental cues, rates 

of egg development, and juvenile 

growth are all strongly impacted by 

temperature regimes (Olden and 

Naiman 2010, p. 90), and projected 

increases in temperature can impact 

successful oblong rocksnail 

reproduction. 

Based on adaptive capacity attributes 

identified using the approach described 

by Thurman et al. (2020, entire), oblong 

rocksnail cannot move large distances 

when conditions become unfavorable 

(e.g., when water quality deteriorates, or 

the system experiences drought or 

flooding), given its limited dispersal 

ability and reliance on chance events to 

carry dispersers downstream. Flashy 

flows from flooding storm events may 

present opportunities that carry 

individuals to other downstream sites, 

but they could also carry them beyond 

the small reach of currently suitable 

habitat to unsuitable habitat below the 

Fall Line. Prolonged droughts can lower 

the water levels such that wetted habitat 

becomes limited or disappears, leaving 

the non-air-breathing oblong rocksnail 

unable to escape these conditions and 

prone to exposure to contaminants or 

desiccation. 

Current Condition 

We note that, by using the SSA 

framework to guide our analysis of the 

scientific information documented in 

the SSA report, we have analyzed the 

cumulative effect of identified threats 

and conservation actions on the species. 

To assess the current and future 

condition of the species, we evaluated 

the effects of all the relevant factors that 

may be influencing the species, 

including threats and conservation 

efforts. Because the SSA framework 

considers not just the presence of the 

factors, but to what degree they 

collectively influence risk to the entire 

species, our assessment integrates the 

cumulative effect of the factors and 

replaces a standalone cumulative-effects 

analysis. Below, we describe the 3Rs— 

resiliency, representation, and 

redundancy—as they relate to oblong 

rocksnail viability. 

Resiliency 

The resiliency, or ability of the extant 

oblong rocksnail population to 

withstand stochastic events, was 

determined by analyzing three 

population factors (abundance, 

reproduction/recruitment, and occupied 

stream length/complexity) and two 

habitat factors (substrate and flowing 

water, and water quality). These factors 

are described below. 

Abundance 

While there are no numeric 

abundance estimates for the oblong 

rocksnail, we assume that because the 

population is detectable at multiple 

sites along 5.6 miles (approximately 9 

km) of the Cahaba River, we consider 

the species locally abundant wherever it 

occurs. 

Reproduction and Recruitment 

We assume that the recent detections 

of oblong rocksnail at occupied sites 

indicates recruitment is currently 

occurring within the population. 

Occupied Stream Length/Stream 

Complexity 

The oblong rocksnail currently 

occupies 5.6 miles (approximately 9 km) 

of the historical 44.4 miles (71.5 km) of 

the Cahaba River and is not known to 

occupy any tributaries. This limited 

occupied area and lack of stream 

complexity could make the species 

more susceptible to stochastic and 

catastrophic events. 

Substrate and Flowing Water 

The oblong rocksnail occupies a reach 

of the Cahaba River that is downstream 

of the confluence with several large 

tributaries. Currently, the volume and 

flow of water in this reach is sufficient 

to maintain clean-swept hard surfaces in 

the main channel of the Cahaba River 

and support periphyton, such that the 

oblong rocksnail can attach, feed, and 

lay eggs, thus supporting oblong 

rocksnail persistence. 

Water Quality 

Past water quality issues affected 

oblong rocksnail habitat such that it was 

once thought extinct. However, over the 

past 30 years, the Cahaba River’s water 

quality has improved in the range of the 

oblong rocksnail. The Clean Water Act 

(33 U.S.C. 1251 et seq.) imposed water 

quality standards and reduced 

contaminants from urban runoff, 

industrial facilities, and municipal 

wastewater, which has resulted in 

suitable water quality in the currently 

occupied reach. At present, the Cahaba 

River’s water quality appears sufficient 

to support known sites. 

Representation 

The oblong rocksnail has limited 

representation, as it is only found in one 

population with limited overall genetic 

diversity. The loss of genetic variation 

due to its range contraction may have 

negatively impacted its long-term 

survival and overall adaptive capacity 

(Wright et al. 2020, p. 10). Evidence 

suggests the oblong rocksnail has lost 

genetic diversity through both 

bottleneck and genetic drift (Wright et 

al. 2020, p. 12). Genetic diversity is 

increased at downstream sites (Whelan 

et al. 2019, p. 1593), facilitated by much 

greater downstream movement than 

upstream movement (Redak et al. 2021, 

p. 643). This downstream-biased 

movement, coupled with a lack of 

suitable habitat upstream, has resulted 

in a decline of genetic diversity at 

upstream sites despite the recent 

discovery of the species at multiple sites 

and a slightly expanded known 

distribution for the species. 

Redundancy 

The oblong rocksnail has limited to 

no redundancy. While the species is 

represented by only one population in 

one small river reach, oblong rocksnail 


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can be found at multiple sites within the 

singular population. These sites serve as 

‘‘internal redundancy’’ within a singular 

population that could provide some 

ability to respond to stochastic events; 

however, because all sites occupied are 

linear in one stretch of the Cahaba 

River, it is possible that a catastrophic 

event could impact the entire 

population. 

Future Conditions 

As part of the SSA analysis, we 

developed three future-condition 

scenarios to capture the range of 

uncertainties regarding future threats 

and the projected responses by the 

oblong rocksnail. Our scenarios 

examined changes in urbanization and 

climate change, potential mitigation of 

urbanization and climate impacts by an 

existing management program, and the 

potential of a catastrophic oil spill to the 

species. Because we determined that the 

current condition of the oblong 

rocksnail is consistent with an 

endangered species (see Determination 

of Oblong Rocksnail’s Status, below), we 

are not presenting the results of the 

future scenarios in this proposed rule. 

Please refer to the SSA report (Service 

2021, pp. 28–34) for the full analysis of 

future scenarios. 

Conservation Efforts and Regulatory 

Mechanisms 

Reintroduction efforts for the oblong 

rocksnail are underway with the 

Alabama Department of Conservation 

and Natural Resources (ADCNR) 

(ADCNR 2021, entire). During a survey 

in the historical Belle Ellen shoal 

complex in May 2019, several federally 

listed species were located, but the 

oblong rocksnail was not (ADCNR 2021, 

p. 2). Although a targeted survey in 

October 2020 again did not locate the 

oblong rocksnail, ADCNR and Service 

personnel agreed to consider the site for 

future reintroduction efforts (ADCNR 

2021, p. 2). Culture efforts, as a part of 

reintroduction efforts, began in 2020 

(ADCNR 2021, p. 3). A total of 220 

oblong rocksnail brood stock were 

collected from a shoal adjacent to the 

Living River complex on the Cahaba 

River and brought back to the Alabama 

Aquatic Biodiversity Center (ADCNR 

2021, p. 3). After an 11-month effort, a 

total of 544 juvenile and 201 brood 

stock snails were released adjacent to 

the right-descending bank at the Belle 

Ellen shoal (ADCNR 2021, p. 3). Future 

plans also include the collection of 

more brood stock for additional 

culturing, evaluation of additional 

oblong rocksnail reintroduction sites in 

lower Buck Creek and lower Little 

Cahaba River, and a comprehensive 

reintroduction plan encompassing all 

approved reintroduction sites for the 

oblong rocksnail (ADCNR 2021, p. 3). 

Determination of Oblong Rocksnail’s 

Status 

Section 4 of the Act (16 U.S.C. 1533) 

and its implementing regulations (50 

CFR part 424) set forth the procedures 

for determining whether a species meets 

the definition of an endangered species 

or a threatened species. The Act defines 

an ‘‘endangered species’’ as a species in 

danger of extinction throughout all or a 

significant portion of its range, and a 

‘‘threatened species’’ as a species likely 

to become an endangered species within 

the foreseeable future throughout all or 

a significant portion of its range. The 

Act requires that we determine whether 

a species meets the definition of an 

endangered species or a threatened 

species because of any of the following 

factors: (A) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range; (B) 

overutilization for commercial, 

recreational, scientific, or educational 

purposes; (C) disease or predation; (D) 

the inadequacy of existing regulatory 

mechanisms; or (E) other natural or 

manmade factors affecting its continued 

existence. 

Status Throughout All of Its Range 

The oblong rocksnail is a local 

endemic in the Cahaba River system of 

Alabama. The species once occupied 

approximately 50 miles of the river and 

was thought extinct before it was 

rediscovered in 2011. The species 

currently occupies only a 5.6-mile 

(approximately 9-km) reach in the 

Cahaba River. There are no abundance 

estimates, but the oblong rocksnail is 

considered locally abundant where it 

occurs. Recruitment is presumed to be 

occurring in the occupied habitat. 

Current threats to the species include 

typical threats to aquatic species: water 

quality impairment, including 

sedimentation and contaminants from 

urbanization and habitat alteration 

(Factor A). The species’ current 

distribution lacks dendritic networking; 

it is in a single reach of the mainstem 

river, and there is no ability for natural 

rescue if the main channel populations 

are lost when faced with a catastrophic 

event, such as a toxic spill or extreme 

weather event (flood or drought) (Factor 

E). 

After evaluating threats to the species 

and assessing the cumulative effect of 

the threats under the Act’s section 

4(a)(1) factors, we determine that the 

oblong rocksnail is affected by water 

quality impairment, including 

sedimentation, and potential 

catastrophic spills. The current threats 

to the oblong rocksnail present a high 

risk of extinction to the species, which 

occupies only about 11 percent of its 

historical range. This species has low 

resiliency; it is located in one stream 

reach, although it is locally abundant 

there. It has limited to no redundancy, 

with occupied sites in one linear 

population offering little ability to 

rebound from a catastrophic event, and 

it has low representation due to lost 

genetic diversity through bottleneck and 

subsequent genetic drift. Thus, after 

assessing the best available information, 

we determine that oblong rocksnail is in 

danger of extinction throughout all of its 

range. 

Status Throughout a Significant Portion 

of Its Range 

Under the Act and our implementing 

regulations, a species may warrant 

listing if it is in danger of extinction or 

likely to become so within the 

foreseeable future throughout all or a 

significant portion of its range. We have 

determined that the oblong rocksnail is 

in danger of extinction throughout all of 

its range and accordingly did not 

undertake an analysis of any significant 

portion of its range. Because the oblong 

rocksnail warrants listing as endangered 

throughout all of its range, our 

determination is consistent with the 

decision in Center for Biological 

Diversity v. Everson, 2020 WL 437289 

(D.D.C. Jan. 28, 2020), in which the 

court vacated the aspect of the Final 

Policy on Interpretation of the Phrase 

‘‘Significant Portion of Its Range’’ in the 

Endangered Species Act’s Definitions of 

‘‘Endangered Species’’ and ‘‘Threatened 

Species’’ (79 FR 37578; July 1, 2014) 

that provided the Service does not 

undertake an analysis of significant 

portions of a species’ range if the 

species warrants listing as threatened 

throughout all of its range. 

Determination of Status 

Our review of the best available 

scientific and commercial information 

indicates that the oblong rocksnail 

meets the Act’s definition of an 

endangered species. Therefore, we 

propose to list the oblong rocksnail as 

an endangered species in accordance 

with sections 3(6) and 4(a)(1) of the Act. 

Available Conservation Measures 

Conservation measures provided to 

species listed as endangered or 

threatened species under the Act 

include recognition as a listed species, 

planning and implementation of 

recovery actions, requirements for 

Federal protection, and prohibitions 

against certain practices. Recognition 


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through listing results in public 

awareness, and conservation by Federal, 

State, Tribal, and local agencies, private 

organizations, and individuals. The Act 

encourages cooperation with the States 

and other countries and calls for 

recovery actions to be carried out for 

listed species. The protection required 

by Federal agencies, including the 

Service, and the prohibitions against 

certain activities are discussed, in part, 

below. 

The primary purpose of the Act is the 

conservation of endangered and 

threatened species and the ecosystems 

upon which they depend. The ultimate 

goal of such conservation efforts is the 

recovery of these listed species, so that 

they no longer need the protective 

measures of the Act. Section 4(f) of the 

Act calls for the Service to develop and 

implement recovery plans for the 

conservation of endangered and 

threatened species. The goal of this 

process is to restore listed species to a 

point where they are secure, selfsustaining, and functioning components 

of their ecosystems. 

The recovery planning process begins 

with development of a recovery outline 

made available to the public soon after 

a final listing determination. The 

recovery outline guides the immediate 

implementation of urgent recovery 

actions while a recovery plan is being 

developed. Recovery teams (composed 

of species experts, Federal and State 

agencies, nongovernmental 

organizations, and stakeholders) may be 

established to develop and implement 

recovery plans. The recovery planning 

process involves the identification of 

actions that are necessary to halt and 

reverse the species’ decline by 

addressing the threats to its survival and 

recovery. The recovery plan identifies 

recovery criteria for review of when a 

species may be ready for reclassification 

from endangered to threatened 

(‘‘downlisting’’) or removal from 

protected status (‘‘delisting’’), and 

methods for monitoring recovery 

progress. Recovery plans also establish 

a framework for agencies to coordinate 

their recovery efforts and provide 

estimates of the cost of implementing 

recovery tasks. Revisions of the plan 

may be done to address continuing or 

new threats to the species, as new 

substantive information becomes 

available. The recovery outline, draft 

recovery plan, final recovery plan, and 

any revisions will be available on our 

website as they are completed (https:// 

www.fws.gov/program/endangeredspecies), or from our Alabama 

Ecological Services Field Office (see FOR

FURTHER INFORMATION CONTACT). 

Implementation of recovery actions 

generally requires the participation of a 

broad range of partners, including other 

Federal agencies, States, Tribes, 

nongovernmental organizations, 

businesses, and private landowners. 

Examples of recovery actions include 

habitat restoration (e.g., restoration of 

native vegetation), research, captive 

propagation and reintroduction, and 

outreach and education. The recovery of 

many listed species cannot be 

accomplished solely on Federal lands 

because their range may occur primarily 

or solely on non-Federal lands. To 

achieve recovery of these species 

requires cooperative conservation efforts 

on private, State, and Tribal lands. 

If this species is listed, funding for 

recovery actions will be available from 

a variety of sources, including Federal 

budgets, State programs, and cost-share 

grants for non-Federal landowners, the 

academic community, and 

nongovernmental organizations. In 

addition, pursuant to section 6 of the 

Act, the State of Alabama would be 

eligible for Federal funds to implement 

management actions that promote the 

protection or recovery of the oblong 

rocksnail. Information on our grant 

programs that are available to aid 

species recovery can be found at: 

https://www.fws.gov/service/financialassistance. 

Although the oblong rocksnail is only 

proposed for listing under the Act at 

this time, please let us know if you are 

interested in participating in recovery 

efforts for this species. Additionally, we 

invite you to submit any new 

information on this species whenever it 

becomes available and any information 

you may have for recovery planning 

purposes (see FOR FURTHER INFORMATION

CONTACT). 

Section 7 of the Act is titled, 

‘‘Interagency Cooperation’’ and 

mandates all Federal action agencies to 

use their existing authorities to further 

the conservation purposes of the Act 

and to ensure that their actions are not 

likely to jeopardize the continued 

existence of listed species or adversely 

modify critical habitat. Regulations 

implementing section 7 are codified at 

50 CFR part 402. 

Section 7(a)(2) states that each Federal 

action agency shall, in consultation with 

the Secretary, ensure that any action 

they authorize, fund, or carry out is not 

likely to jeopardize the continued 

existence of a listed species or result in 

the destruction or adverse modification 

of designated critical habitat. Each 

Federal agency shall review its action at 

the earliest possible time to determine 

whether it may affect listed species or 

critical habitat. If a determination is 

made that the action may affect listed 

species or critical habitat, formal 

consultation is required (50 CFR 

402.14(a)), unless the Service concurs in 

writing that the action is not likely to 

adversely affect listed species or critical 

habitat. At the end of a formal 

consultation, the Service issues a 

biological opinion, containing its 

determination of whether the Federal 

action is likely to result in jeopardy or 

adverse modification. 

In contrast, section 7(a)(4) of the Act 

requires Federal agencies to confer with 

the Service on any action which is 

likely to jeopardize the continued 

existence of any species proposed to be 

listed under the Act or result in the 

destruction or adverse modification of 

critical habitat proposed to be 

designated for such species. Although 

the conference procedures are required 

only when an action is likely to result 

in jeopardy or adverse modification, 

action agencies may voluntarily confer 

with the Service on actions that may 

affect species proposed for listing or 

critical habitat proposed to be 

designated. In the event that the subject 

species is listed or the relevant critical 

habitat is designated, a conference 

opinion may be adopted as a biological 

opinion and serve as compliance with 

section 7(a)(2) of the Act. 

Examples of discretionary actions for 

the oblong rocksnail that may be subject 

to conference and consultation 

procedures under section 7 are actions 

on State, Tribal, local, or private lands 

that require a Federal permit (such as a 

permit from the U.S. Army Corps of 

Engineers under section 404 of the 

Clean Water Act (33 U.S.C. 1251 et seq.) 

or a permit from the Service under 

section 10 of the Act) or that involve 

some other Federal action (such as 

funding from the Federal Highway 

Administration, Federal Aviation 

Administration, or the Federal 

Emergency Management Agency). 

Federal actions not affecting listed 

species or critical habitat—and actions 

on State, Tribal, local, or private lands 

that are not federally funded, 

authorized, or carried out by a Federal 

agency—do not require section 7 

consultation. Federal agencies should 

coordinate with the local Service Field 

Office (see FOR FURTHER INFORMATION

CONTACT) with any specific questions on 

section 7 consultation and conference 

requirements. 

The Act and its implementing 

regulations set forth a series of general 

prohibitions and exceptions that apply 

to endangered wildlife. The prohibitions 

of section 9(a)(1) of the Act, codified at 

50 CFR 17.21, make it illegal for any 

person subject to the jurisdiction of the 


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United States to commit, to attempt to 

commit, to solicit another to commit or 

to cause to be committed any of the 

following: (1) import endangered 

wildlife into, or export such wildlife 

from, the United States; (2) take (which 

includes harass, harm, pursue, hunt, 

shoot, wound, kill, trap, capture, or 

collect, or to attempt to engage in any 

such conduct) endangered wildlife 

within the United States or on the high 

seas; (3) possess, sell, deliver, carry, 

transport, or ship, by any means 

whatsoever, any such wildlife that has 

been taken illegally; (4) deliver, receive, 

carry, transport, or ship in interstate or 

foreign commerce in the course of 

commercial activity; or (5) sell or offer 

for sale in interstate or foreign 

commerce. Certain exceptions to these 

prohibitions apply to employees or 

agents of the Service, the National 

Marine Fisheries Service, other Federal 

land management agencies, and State 

conservation agencies. 

We may issue permits to carry out 

otherwise prohibited activities 

involving endangered wildlife under 

certain circumstances. Regulations 

governing permits for endangered 

wildlife are codified at 50 CFR 17.22. 

With regard to endangered wildlife, a 

permit may be issued for scientific 

purposes, for enhancing the propagation 

or survival of the species, or for take 

incidental to otherwise lawful activities. 

The statute also contains certain 

exemptions from the prohibitions, 

which are found in sections 9 and 10 of 

the Act. 

It is the policy of the Service, as 

published in the Federal Register on 

July 1, 1994 (59 FR 34272), to identify, 

to the extent known at the time a 

species is listed, specific activities that 

will not be considered likely to result in 

violation of section 9 of the Act. To the 

extent possible, activities that will be 

considered likely to result in violation 

will also be identified in as specific a 

manner as possible. The intent of this 

policy is to increase public awareness of 

the effect of a proposed listing on 

proposed and ongoing activities within 

the range of the species proposed for 

listing. 

At this time, we are unable to identify 

specific activities that will be 

considered likely to result in a violation 

of section 9 of the Act beyond what is 

already clear from the descriptions of 

the prohibitions at 50 CFR 17.21 and 

general Service permitting regulations 

codified at 50 CFR part 13. Questions 

regarding whether specific activities 

would constitute violation of section 9 

of the Act should be directed to the 

Alabama Ecological Services Field 

Office (see FOR FURTHER INFORMATION

CONTACT). 

II. Critical Habitat 

Background 

Critical habitat is defined in section 3 

of the Act as: 

(1) The specific areas within the 

geographical area occupied by the 

species, at the time it is listed in 

accordance with the Act, on which are 

found those physical or biological 

features 

(a) Essential to the conservation of the 

species, and 

(b) Which may require special 

management considerations or 

protection; and 

(2) Specific areas outside the 

geographical area occupied by the 

species at the time it is listed, upon a 

determination that such areas are 

essential for the conservation of the 

species. 

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 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 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 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. 


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Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Proposed Rules 74399 

5658)), and our associated Information 

Quality Guidelines provide criteria, 

establish procedures, and provide 

guidance to ensure that our decisions 

are based on the best scientific data 

available. They require our biologists, to 

the extent consistent with the Act and 

with the use of the best scientific data 

available, to use primary and original 

sources of information as the basis for 

recommendations to designate critical 

habitat. 

When we are determining which areas 

should be designated as critical habitat, 

our primary source of information is 

generally the information from 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 the 4(d) rule if 

one has been issued for the listed 

species. Federally funded or permitted 

projects affecting listed species outside 

their designated critical habitat areas 

may still result in jeopardy findings in 

some cases. These protections and 

conservation tools will continue to 

contribute to recovery of the species. 

Similarly, critical habitat designations 

made on the basis of the best available 

information at the time of designation 

will not control the direction and 

substance of future recovery plans, 

habitat conservation plans, or other 

species conservation planning efforts if 

new information available at the time of 

those planning efforts calls for a 

different outcome. 

Critical Habitat Determinability 

Our regulations at 50 CFR 424.12(a)(2) 

state that critical habitat is not 

determinable when one or both of the 

following situations exist: 

(i) Data sufficient to perform required 

analyses are lacking, or 

(ii) The biological needs of the species 

are not sufficiently well known to 

identify any area that meets the 

definition of ‘‘critical habitat.’’ 

When critical habitat is not 

determinable, the Act allows the Service 

an additional year to publish a critical 

habitat designation (16 U.S.C. 

1533(b)(6)(C)(ii)). 

We reviewed the available 

information pertaining to the biological 

needs of the species and habitat 

characteristics where this species is 

located. The species’ needs are 

sufficiently well known, but a careful 

assessment of the economic impacts that 

may occur due to a critical habitat 

designation is ongoing. Until these 

efforts are complete, information 

sufficient to perform a required analysis 

of the impacts of the designation is 

lacking; therefore, we find designation 

of critical habitat for the oblong 

rocksnail is prudent but not 

determinable at this time. We plan to 

publish a proposed rule to designate 

critical habitat for the oblong rocksnail 

concurrent with the availability of a 

draft economic analysis of the proposed 

designation. The Act allows the Service 

an additional year to publish a critical 

habitat designation that is not 

determinable at the time of listing (16 

U.S.C. 1533(b)(6)(C)(ii)). 

Required Determinations 

Clarity of the Rule 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(1) Be logically organized; 

(2) Use the active voice to address 

readers directly; 

(3) Use clear language rather than 

jargon; 

(4) Be divided into short sections and 

sentences; and 

(5) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in ADDRESSES. To 

better help us revise the rule, your 

comments should be as specific as 

possible. For example, you should tell 

us the numbers of the sections or 

paragraphs that are unclearly written, 

which sections or sentences are too 

long, the sections where you feel lists or 

tables would be useful, etc. 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994 

(Government-to-Government Relations 

with Native American Tribal 

Governments; 59 FR 22951), Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments), and the Department of 

the Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. In 

accordance with Secretary’s Order 3206 

of June 5, 1997 (American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act), we readily acknowledge 

our responsibilities to work directly 

with Tribes in developing programs for 

healthy ecosystems, to acknowledge that 

Tribal lands are not subject to the same 

controls as Federal public lands, to 

remain sensitive to Indian culture, and 

to make information available to Tribes. 

We have determined that the oblong 

rocksnail does not occupy any Tribal 

lands, so this proposed rule should not 

affect any Tribes or Tribal lands. 

References Cited 

A complete list of references cited in 

this rulemaking is available on the 

internet at https://www.regulations.gov 

and upon request from the Alabama 

Ecological Services Field Office (see FOR

FURTHER INFORMATION CONTACT). 

Authors 

The primary authors of this proposed 

rule are the staff members of the Fish 

and Wildlife Service’s Species 

Assessment Team and the Alabama 

Ecological Services Field Office. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Plants, Reporting and 

recordkeeping requirements, 

Transportation, Wildlife. 

Proposed Regulation Promulgation 

Accordingly, we propose to amend 

part 17, subchapter B of chapter I, title 

50 of the Code of Federal Regulations, 

as set forth below: 


lotter on DSK11XQN23PROD with PROPOSALS1
74400 Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Proposed Rules 

PART 17—ENDANGERED AND 

THREATENED WILDLIFE AND PLANTS 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

■ 2. In § 17.11, in paragraph (h), amend 

the List of Endangered and Threatened 

Wildlife by adding an entry for 

‘‘Rocksnail, oblong’’ in alphabetical 

order under SNAILS to read as follows: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Common name Scientific name Where listed Status Listing citations and applicable rules 

*******

Snails 

*******

Rocksnail, oblong .... Leptoxis compacta .. Wherever found ...... E ............. [Federal Register citation when published as a final rule]. 

* * * * * * * 

Stephen Guertin, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2023–23994 Filed 10–30–23; 8:45 am] 

BILLING CODE 4333–15–P 


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